Colfax City Council
August 28, 2024

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 28, 2024
CityCouncil Meeting COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA Mayor Kim Douglass ⋅ Mayor Pro Tem Sean Lomen
Councilmembers Caroline McCully ⋅ Larry Hillberg ⋅ Trinity Burruss

REGULARMEETINGAGENDA
August 28, 2024
Regular Session 6:00 PM
You may access the meeting and address the Council by the following means:

ZOOM at
https://us02web.zoom.us/j/84968570574
Dial in by calling one of the numbers listed below and enter the Webinar ID:
849 6857 0574
1 669 900 6833 / 1 669 444 9171 / 1 719 359 4580 / 1 253 205 0468 View Only on 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 [email protected], 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 (None)
2 OPEN SESSION
2A. Call Open Session to Order
2B. Pledge of Allegiance
2C. Roll Call
2D. 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. 2E. 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
Recommended Action: By Motion, approve the Colfax City Council minutes of 8/14/2024. 3B. Minutes
Recommended Action: By Motion, approve the Colfax City Council minutes of 8/22/2024. 1 PP 4-7
PP 8-9
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 28, 2024
3C. Cash Summary – July 2024
Recommended Action: Accept and File.
3D. Construction Support Contract Amendment with Wood Rodgers Recommended Action: Adopt Resolution __-2024 authorizing an amendment to the existing contract with Wood Rodgers for Construction Management and Support for the SWRCB Construction Grant Projects.
3E. Revised Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy Recommended Action: Adopt Resolution __-2024 Approving the Revised Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy *** 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)
6 PUBLIC HEARING
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.

Recommended Action: Introduce the proposed ordinance by title only, conduct a public hearing on the proposed ordinance and the proposed permit fees, waive the first reading and schedule the proposed ordinance for a second reading and adoption at the next regular City Council meeting currently scheduled for September 11, 2024, to be effective 30 days after adoption. 6B. MU-1 Zoning Code Amendment, Ground Floor Retail Ordinance Recommended Action: Introduce the proposed ordinance by title only, conduct a public hearing, waive the first reading and schedule the proposed ordinance for a second reading and adoption at the next regular City Council meeting currently Scheduled for September 11, 2024, to be effective 30 days after adoption.
2 PP 10-17
PP 18-38
PP
39-103
6A. Short-Term Rental Ordinance and adoption of a Short-Term Rental Fee PP 104-120 PP 121-138
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 28, 2024
I, Amanda Ahre, 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/ Amanda Ahre, 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.

LEVINE ACT WARNING: In certain instances, parties, participants, and their agents before the City Council are subject to the campaign disclosure provisions detailed in Government Code Section 84308, California Code of Regulations Sections 18438.1 through 18438.8, and Fair Political Practices Commission Opinion 0-22-002. All parties, participants, and their agents are hereby directed to review these sections for compliance. If you believe that these provisions apply to you or a Council Member, please inform the City Clerk at the earliest possible opportunity. 7 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public within the subject matter jurisdiction of the City that are not listed on this agenda. Please make your comments as succinct as possible. Oral comments made at the meeting may not exceed five (5) minutes per speaker. Written comments should not exceed 800 words. Written comments received before the close of an agenda item may be read into the record, with a maximum allowance of five (5) minutes in length. Council cannot act on items not listed on this agenda but may briefly respond to statements made or questions posed, request clarification, refer the matter to staff, or place the matter on a future agenda.
8 COUNCIL AND STAFF
The purpose of these reports is to provide information to the Council and public on projects, programs, and issues discussed at committee meetings and other items of Colfax related information. No decisions will be made on these issues. If a member of the Council prefers formal action be taken on any committee reports or other information, the issue will be placed on a future Council meeting agenda.
8A. Committee Reports and Colfax Informational Items – All Councilmembers 8B. City Operations Update – City Manager
9 COUNCIL BUSINESS
9A. Agreement with Bureau Veritas North America – Building Inspection and Plan Check Services Recommended Action: Adopt Resolution __-2024 authorizing the City Manager to sign a three-year agreement with Bureau Veritas North America to provide plan review, code enforcement, inspection, and permit technician services with a possible two-year extension. 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
3 PP
139-153
CityCouncil Minutes
Regular Meeting of Colfax City Council
Wednesday, August 14, 2024
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 CLOSED SESSION (NONE)
2 OPEN SESSION
2A. CallOpen Session to Order – Mayor Douglass called the session to order at 6:01pm 2B. Pledge of Allegiance – Conor Harkins lead the Pledge of Allegiance 2C. Roll Call

Present: Councilmember Burruss, Councilmember Hillberg, Mayor Pro Tem Lomen, Councilmember McCully, Mayor Douglass

Absent:
2D. Approval of Agenda Order
MOTION made by Councilmember Burruss to approve the agenda order, seconded by Councilmember McCully, and approved by the following vote:

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

ABSTAIN:

ABSENT:
2E. Statement of Conflict of Interest – No conflicts were identified by the Council or the public. 3 CONSENT CALENDAR
3A. Minutes
Recommended Action: By Motion, approve the Colfax City Council minutes of 7/24/2024 3B. Minutes
Recommended Action: By motion, approve the Colfax City Council minutes of 7/26/2024 3C. Quarterly Investment Report – Quarter ended June 30, 2024 Recommended Action: Accept and file
3D. Agreement with Eide Bailly to provide Finance Consulting Services for Year-End Audit Preparation
Recommended Action: Adopt Resolution 43-2024 authorizing the City Manager to execute an agreement with Eide Bailly to provide Finance Consulting Services for Year-End Audit Preparation Item 3A4

MOTION made by Mayor Pro Tem Lomen to approve the consent calendar, Seconded by Councilmember Hillberg, and approved by the following vote:

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

ABSTAIN:

ABSENT:
4 Agency Reports
4A. Placer County Sheriff’s – Deputy Boyer reported that Deputy Tanaromi has moved to Cal Fire as an arson investigator, Deputy Dan King will be replacing him for the time being. Discussed July traffic citations, and reminded everyone that school is back in session. Deputy Kevin Hills will be the new resource officer for the Colfax Elementary and High School. 4B. CHP – Officer Lyman reported on citations, arrests, and collisions. He also reminded everyone that school is in session and to keep an extra eye out for school buses and children. 4C. Placer County Fire/CALFIRE – Chief Seibert discussed local staffing with the large fires throughout California and reported that the repainting of the fire hydrants is almost complete. 4D. Non-Profits – Sharon Conners talked about the VFW open house on September 7th and the POW/MIA remembrance day on September 14th.

Harry Anderson spoke on behalf of the Colfax Area Chamber of Commerce on Rail Road Days. 5 PRESENTATION (NONE)
6 PUBLIC HEARING (NONE)
7 PUBLIC COMMENT
Sharron Conners had questions about the Colfax Connections and increasing publication.

Will Stockwin stated that it would be up to Council to approve an increase in publication. 8 COUNCIL AND STAFF
8A. Committee Reports and Colfax Informational Items – All Councilmembers.

Mayor Pro Tem Lomen wildfire sensors will hopefully be deployed in the next month or two.

Councilmember Hillberg has several upcoming meetings.

Councilmember McCully had an air pollution committee meeting, caboose relocation meeting, and an upcoming SACOG meeting.

Councilmember Burruss will give her report at the next meeting.

Mayor Douglass attended the Colfax Area Chamber of Commerce meeting.

Item 3A5

8B. City Operations Update – City Manager
Repaving on the 174 and Highway 80 overpass will be in the evenings starting 9/26 – 11/1, CDBG paving is 95% complete, I&I is 95% complete, the algae project is 45% complete, and Tesla Arco is back on design.
.

9 COUNCIL BUSINESS
9A. Agreement with Colantuono, Highsmith, & Whatley, PC – City Attorney Services Recommended Action: Adopt Resolution 44-2024 authorizing the City Manager to execute an agreement with Colantuono, Highsmith, & Whatley, PC to provide City Attorney services.

City Manager Walker introduced this item and explained the need for a new City Attorney due to the current City Attorney Mick Cabral’s retirement.

City Attorney Mic Cabral congratulated the City on the choice of Conor Harkins.

No public comment on this item.

MOTION made by Councilmember Burruss to adopt Resolution 44-2024, Seconded by Councilmember McCully, and approved by the following vote:

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

ABSTAIN:

ABSENT:
9B. Donation – Colfax High School, Marson Stadium Sound System Upgrade Recommended Action: Adopt Resolution 45-2024 discuss and direct the city Manager to donate from $8 to $3,000 to the Colfax High School, Marson Stadium Sound System updating project City Manager Walker introduced this item.

Heidi Vasquez and Heidi (no last name provided) discussed how the sound system will benefit the community as a whole, not just the High School. Several fundraisers have been done for this system, and they are down to the last $3,000 needed to fund the project.

Diane Green would like to see the city donate the money and help the High School.

Council discussed this item noting that the High School never asks the council for money, and if there was a non-profit associated with the High School that the money could be donated to. The Falcon Foundation is a non-profit that has been helping with this sound system upgrade.

MOTION made by Councilmember Hillberg to approve a $3,000 donation to the Falcon Foundation for the Sound System upgrade, Seconded by Councilmember Burruss, and approved by the following vote:

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

ABSTAIN:

Item 3A6

ABSENT:
10 GOOD OF THE ORDER
Mayor Pro Tem Lomen – nothing
Councilmember Hillberg – nothing
Councilmember McCully – nothing
Councilmember Burruss – nothing
Mayor Douglass has been working on the VFW website.
10A. Public Comment on Good of the Order
Sharron Connors asked how non-profits can apply for funds from Council. 11 ADJOURNMENT
As there was no further business on the agenda, Mayor Douglass adjourned the meeting, by motion and without objection at 7:07 p.m. Respectfully submitted to City Council this 28th day of August 2024.

Amanda Ahre, City Clerk
Item 3A7
CityCouncil Minutes
Special Meeting of Colfax City Council
Thursday, August 22, 2024
City Hall Council Chambers, 33 S Main Street,
Colfax CA
1 OPEN SESSION
1A. CallOpen Session to Order – Mayor Douglass called the Open Session to order at 6:01 p.m.

1B.

Roll Call

Present: Councilmember Burruss, Councilmember Hillberg, Mayor Pro Tem Lomen, Councilmember McCully, Mayor Douglass

Absent:
1C. Public Comment
Jerry Rearor invited everyone to stay after the special meeting for a meeting of the Placer Sierra Fire Safe Council meeting.

1D.
2024 General Municipal Election – Council Members and City Treasurer Contests Recommended Action: Discuss and consider adopting Resolution 46-2024 canceling the November 5, 2024 election and appointing the nominated City Council and Treasurer candidates to the positions that were to be filled at the election.

Michael Garabedian would like to see the election not canceled, referenced the book The Shortest History of Democracy.

Tom Parnham agrees it is unfortunate that there were not enough nominated candidates to go forward with the election.

Council discussed the pros and cons of canceling the election. There were several notices of the election and candidate process.

MOTION made by Councilmember Burruss to cancel the Municipal Election, seconded by Mayor Pro Tem Lomen, and approved by the following vote:

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

ABSTAIN:

ABSENT:
8 1E. Adjournment
As there was no further business on the agenda, Mayor Douglass adjourned the meeting, by motion and without objection at 6:15 p.m. Respectfully submitted to City Council this 28th day of August, 2024.

Amanda Ahre, City Clerk
9 City of Colfax Cash Summary – July 2024
Staff Report August 28, 2024
Staff Report to City Council
FOR THE AUGUST 28, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Shanna Stahl – Administrative Services Officer Subject: Cash Summary – July 2024
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 July 2024. 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 2024 (twomonth lag). • July expenditures included:
o Approved capital project expenditures – expenditures on WWTP Construction Grant and other grant funded projects.
• Negative cash fund balances at the end of July are primarily 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), transfer of City Gas Tax revenues, and a General Fund allocation. Allocations and transfers will be recorded with the final fiscal year accounting processes.
o Fund 300 – Corporation Yard – This is the project for installation of a metal storage building at the Corporation Yard. Funded by General Fund 100. The installation of the building is complete.

Final billing is pending.
o Fund 358 – CDBG Road Rehabilitation. This is a reimbursable grant – the final funding of the grant was awarded in November. CDBG has approved the start date of expenditures. The City has begun the reimbursement process. City restricted Streets funds will also be used on this project as the City match.
o Fund 575 – WWTP Construction Grant. This is a reimbursable grant. Reimbursement requests are scheduled to be submitted at least quarterly.

RECOMMENDED ACTION: Accept and File.

Item 3C10
City of Colfax Cash Summary – July 2024
Staff Report August 28, 2024
o Fund 577 – Capital Projects. This is the project for the installation of a metal storage building at the Wastewater Treatment Plant. The project is slated to be funded by Fund 564 – Sewer Connection Fees. Installation of the building has been completed. Final billing is pending. o Fund 590 – Sewer Consolidation Planning Grant. This is a reimbursable grant – reimbursement requests are scheduled to be submitted quarterly upon final award of application grant. • Anticipated revenues/expenditures for August include:
o Revenues
 Allocation for Sales Tax revenues reported/paid to the State for the month of June 2024 (two-month lag).
 Capital project reimbursements.
o Expenditures
 Approved capital project expenditures. We anticipate continued large expenditures for the Wastewater Treatment Plant Construction project as the I/I Mitigation and Algae Reduction phases continue construction. The CDBG project will also accumulate large expenditures.
 Ongoing monthly operating expenses.

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 3C11
Prev Yr Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Cash Balance FY2024-25 $4,363 $4,352
Budget FY2024-25 $4,363 $4,363 $4,363 $4,363 $4,363 $4,363 $4,363 $4,363 $4,363 $4,363 $4,363 $4,363 $4,363 Cash Balance FY2023-24 $3,911 $3,785 $3,834 $3,638 $3,789 $3,911 $3,791 $4,162 $4,263 $4,124 $4,251 $4,570 $4,363 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 $-
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
$4,500
$5,000
City of Colfax - July 2024
General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2024-25 >>
Item 3C12
Balance 6/30/24 Revenues In* Expenses Out* Transfers Balance 7/31/24 US Bank $ 185,562.63 $ 607,722.20 $ (1,932,754.79) $ 350,000.00 $ (789,469.96) LAIF $ 8,095,253.38 $ 86,897.92 $ - $ (350,000.00) $ 7,832,151.30 Total Cash - General Ledger 8,280,816.01 $ $ 694,620.12 $ (1,932,754.79) $ 7,042,681.34 - $ Petty Cash (In Safe) $ 300.00 $ 300.00
Total Cash $ 8,281,116.01 $ 694,620.12 $ (1,932,754.79) $ 7,042,981.34 - $ Change in Cash Account Balance - Total $ (1,238,134.67) Attached Reports:

1. Cash Transactions Report (By Individual Fund)

2. Check Register Report (Accounts Payable) $ (1,640,749.06) Cash Receipts $ 218,343.69
Payroll Checks and Tax Deposits $ (134,592.29)
Utility Billings - Receipts $ 369,468.72
LAIF Interest $ 86,897.92
Utility Billing Tax Rolls $ (138,252.73)
Void Checks $ 749.08
$ (1,238,134.67) $ -
*Does not include transfers between funds
Prepared by:

Shanna Stahl, Administrative Services Officer
Reviewed by:

Ron Walker, City Manager
City of Colfax
Cash Summary
July 31, 2024
Shanna Stahl
Ron Walker
Item 3C13
Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 4,145,748.51 $ 230,461.19 $ (242,849.06) $ 4,133,360.64 Fund: 120 - Land Development Fees $ 202,442.77 $ 9,091.93 $ (4,027.56) $ 207,507.14 Fund: 200 - Cannabis Application $ 13,455.55 $ - $ (2,250.00) $ 11,205.55 Fund Type: 1.11 - General Fund - Unassigned $ 4,361,646.83 $ 239,553.12 $ (249,126.62) $ 4,352,073.33 Fund Type: 1.14 - General Fund - Restricted
Fund: 205 - Escrow Funds $ - $ - $ - $ -
Fund: 571 - AB939 Landfill Diversion $ 23,317.26 $ - $ (18.22) $ 23,299.04 Fund: 572 - Landfill Post Closure Maintenance 883,651.27 $ $ 30,268.49 $ (19,499.25) $ 894,420.51 Fund Type: 1.14 - General Fund - Restricted $ 906,968.53 $ 30,268.49 $ (19,517.47) $ 917,719.55 Fund Type: 1.24 - Special Rev Funds - Restricted
Fund: 210 - Mitigation Fees - Roads $ 149,051.68 $ 1,538.52 $ - $ 150,590.20 Fund: 211 - Mitigation Fees - Drainage $ 5,696.90 $ 58.81 $ - $ 5,755.71 Fund: 212 - Mitigation Fees - Trails $ 79,141.12 $ 816.90 $ - $ 79,958.02 Fund: 213 - Mitigation Fees - Parks/Rec $ 196,670.17 $ 2,030.05 $ - $ 198,700.22 Fund: 214 - Mitigation Fees - City Bldgs $ 106,912.36 $ 1,103.56 $ - $ 108,015.92 Fund: 215 - Mitigation Fees - Vehicles $ 23,349.49 $ 241.02 $ - $ 23,590.51 Fund: 217 - Mitigation Fees - DT Parking $ 36,024.03 $ 371.85 $ - $ 36,395.88 Fund: 218 - Support Law Enforcement $ - $ - $ - $ -
Fund: 244 - CDBG Program Inc - ME Lending $ 513.44 $ - $ - $ 513.44 Fund: 250 - Streets - Roads/Transportation $ (61,028.42) $ 200.36 $ (41,055.73) $ (101,883.79) Fund: 253 - Gas Taxes $ 42,978.68 $ 5,170.87 $ (3,213.82) $ 44,935.73 Fund: 257 - Street /Road - Transit Capital $ 48,346.04 $ - $ - $ 48,346.04 Fund: 258 - Road Maintenance - SB1/RSTBG $ 270,313.61 $ 6,938.71 $ - $ 277,252.32 Fund: 270 - Beverage Container Recycling $ 20,173.20 $ 208.23 $ - $ 20,381.43 Fund: 280 - Oil Recycling $ 3,977.72 $ 41.06 $ - $ 4,018.78 Fund: 290 - SB1383 Implementation Grant $ 91,561.15 $ 668.47 $ (3,136.25) $ 89,093.37 Fund: 292 - Fire Department Capital Funds $ 98,502.56 $ 1,016.75 $ - $ 99,519.31 Fund: 342 - Fire Construction - Mitigation $ 83,618.50 $ 863.12 $ - $ 84,481.62 Fund: 343 - Recreation Construction $ 83,618.98 $ 863.12 $ - $ 84,482.10 Fund: 361 - CDBG Application- Canyon Way $ 190.00 $ - $ (190.00) $ - Fund: 367 - SB2 - Planning Grant $ - $ - $ - $ -
Fund: 376 - Downtown Streetscape $ - $ - $ - $ -
Fund: 378 - Zoning Code Update $ - $ - $ - $ -
Fund Type: 1.24 - Special Rev Funds - Restricted$ 1,279,611.21 $ 22,131.40 $ (47,595.80) $ 1,254,146.81 Fund Type: 1.34 - Capital Projects - Restricted
Fund: 300 - GF Capital Projects $ (12,899.52) $ - $ - $ (12,899.52) Fund: 358 - CDBG Pavement $ (623,881.26) $ (469,282.09) - $ $ (1,093,163.35) Fund Type: 1.34 - Capital Projects - Restricted $ (636,780.78) $ - $ (469,282.09) $ (1,106,062.87) Fund Type: 2.11 - Enterprise Funds
Fund: 560 - Sewer $ 2,016,098.79 $ 260,047.69 $ (345,424.48) $ 1,930,722.00 Fund: 561 - Sewer Liftstations $ 579,960.77 $ 36,387.30 $ (100,095.54) $ 516,252.53 Fund: 563 - Wastewater Treatment Plant $ 1,260,175.38 $ 104,585.81 $ (529.56) $ 1,364,231.63 Fund: 564 - Sewer Connections $ 321,774.88 $ - $ - $ 321,774.88 Fund: 575 - WWTP Construction Grant $ (1,747,979.07) $ (699,623.23) - $ $ (2,447,602.30) Fund: 577 - Capital Projects $ (7,229.51) $ - $ - $ (7,229.51) Fund: 590 - Sewer Consolidation Planning $ (54,535.46) $ - $ (1,560.00) $ (56,095.46) Fund Type: 2.11 - Enterprise Funds - Unassigned$ 2,368,265.78 $ 401,020.80 $ (1,147,232.81) $ 1,622,053.77 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ 1,104.44 $ 1,646.31 $ 2,750.75 Fund Type: 9.0 - CLEARING ACCOUNT $ 1,104.44 $ 1,646.31 $ - $ 2,750.75 Grand Totals: $ 8,280,816.01 $ 694,620.12 $ (1,932,754.79) $ 7,042,681.34 City of Colfax
Cash Transactions Report - July 2024
Item 3C14

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

Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 3:37 pm
Date: 08/02/2024
Void/Stop
Date
Reconcile
Date
US BANK Checks
60825 07/01/24 Reconciled 07/31/24 03141 CALPERS HEALTH INS PREMIUMS JULY 24 15,870.39 ALLIANT INSURANCE 1,020.00

SERVICES,
60826 07/05/24 Reconciled 07/31/24 01413 AUTO COVERAGE FY 24/25 60827 07/05/24 Reconciled 07/31/24 01500 ANDERSON'S SIERRA SHERIFF DEPT PROPANE LINE 327.20 60828 07/05/24 Reconciled 07/31/24 01794 AUBURN SAW INC WWTP TRIMMER LINE 108.29 60829 07/05/24 Reconciled 07/31/24 01796 JOHN AX HOA MEETING DEPOSIT REFUND 100.00 60830 07/05/24 Reconciled 07/31/24 03121 CALIFORNIA BUILDING Q4 23/24 GREEN FEES COLLECTED 29.70 60831 07/05/24 Reconciled 07/31/24 03300 CHAMBER OF COMMERCE "BIG BOY" WHISTLE STOP EVENT 2,000.00 60832 07/05/24 Reconciled 07/31/24 3469 CIVIC PLUS MUNICODE SUPPORT 1,745.30 CVCWA-CENTRAL VALLEY 3,350.00
CLEAN
60833 07/05/24 Reconciled 07/31/24 03790 ANNUAL MEMBERSHIP 24/25 60834 07/05/24 Reconciled 07/31/24 04234 DE LAGE LANDEN FINANCIAL COPY MACHINE LEASE JUL 24 504.79 DIVISION OF STATE 88.40

ARCHITECT
60835 07/05/24 Printed 04532 SB1186 FEES Q4 23/24
EDWARDS HEATING & 109.00

COOLING
60836 07/05/24 Reconciled 07/31/24 05120 WWTP HVAC SERVICE 60837 07/05/24 Reconciled 07/31/24 7223 GEOCON CONSULTANTS INC. CDBG REHAB MAY 214 607.50 HINDERLITER, DE LLAMAS & 623.21
ASSOC
60838 07/05/24 Reconciled 07/31/24 08200 SALES TAX AUDIT Q4 FY 23/24 HOME DEPOT CREDIT 149.94

SERVICES
60839 07/05/24 Reconciled 07/31/24 08501 STMT 6/21/24
60840 07/05/24 Reconciled 07/31/24 08660 HUNT AND SONS, LLC FUEL 694.67 60841 07/05/24 Reconciled 07/31/24 11130 KRUGER, INC. WWTP FILTER 471.65 LIEBERT CASSIDY 2,430.00

WHITMORE
60842 07/05/24 Reconciled 07/31/24 12209 CONSORTIUM FY 24/25 60843 07/05/24 Reconciled 07/31/24 18400 NAPA AUTO PARTS SUPPLIES 81.48 PELLETREAU, ALDERSON & 9,666.73
CABRAL
60844 07/05/24 Reconciled 07/31/24 16011(2) LEGAL SVCS JUNE 2024 60845 07/05/24 Reconciled 07/31/24 3581 PLACER COUNTY LIBRARY SUMMER READING PROGRAM 100.00 REFUND
60846 07/05/24 Reconciled 07/31/24 19037 SAFE SIDE SECURITY CORP YARD SECURITY JULY 24 155.00 60847 07/05/24 Reconciled 07/31/24 19037 SAFE SIDE SECURITY WWTP SECURITY JULY 2024 95.00 60848 07/05/24 Reconciled 07/31/24 19743 WILLIAM STOCKWIN COLFAX CONNECTION JULY 2024 300.00 US BANK CORPORATE PMT 3,731.32
SYSTEM
60849 07/05/24 Reconciled 07/31/24 21560 SUPPLIES
60850 07/05/24 Reconciled 07/31/24 22134 VISION QUEST TECH SUPPORT AUGUST 2024 3,800.00 VULCAN MATERIALS 342.13

COMPANY
60851 07/05/24 Reconciled 07/31/24 22240 ASHPALT PATCH
60852 07/05/24 Reconciled 07/31/24 23120 RON WALKER PAINT FOR CONFERENCE ROOM 555.41 60853 07/05/24 Reconciled 07/31/24 23169 WAVE BUSINESS SOLUTIONS DEPOT PHONE 18.77 60854 07/05/24 Reconciled 07/31/24 23451 WOOD RODGERS SEWER CONSOLIDATION MAY 24 1,560.00 60855 07/05/24 Reconciled 07/31/24 23451 WOOD RODGERS INSTRUMENTATION SURVEY 1,342.50 60856 07/05/24 Reconciled 07/31/24 23451 WOOD RODGERS SEWER CONSOLIDATION MAY 24 23,620.00 60857 07/11/24 Reconciled 07/31/24 01766 AT&T MOBILITY CITY CELL PHONES 787.95 BUREAU VERITAS NORTH 5,220.00

AMERICA
60858 07/11/24 Reconciled 07/31/24 02901 BLDG OFFICIAL SVCS JUNE 2024 60859 07/11/24 Reconciled 07/31/24 03160 CARTWRIGHT NOR CAL, INC. ENG SVCS JUNE 2024 14,915.00 60860 07/11/24 Reconciled 07/31/24 8062 CATHERINE HANSFORD SEWER RATE STUDY JUNE 24 710.00 60861 07/11/24 Reconciled 07/31/24 3425 CINTAS UNIFORMS JUNE 2024 482.21 COLFAX FARM AND COUNTRY 44.10
STORE
60862 07/11/24 Reconciled 07/31/24 06730 PROPANE
EDWARDS HEATING & 387.00

COOLING
60863 07/11/24 Reconciled 07/31/24 05120 REPAIR DEPOT HVAC 60864 07/11/24 Reconciled 07/31/24 14859 GHD INC. CBDG ROAD REHAB JUNE 2024 7,099.21 60865 07/11/24 Reconciled 07/31/24 14859 GHD INC. ENG SVCS MAY 2024 10,165.00 HANSEN BROS. 95.67

ENTERPRISES
60866 07/11/24 Reconciled 07/31/24 08070 STREET REPAIR
60867 07/11/24 Reconciled 07/31/24 08170 HILLS FLAT LUMBER CO SUPPLIES JUNE 2024 1,060.63 60868 07/11/24 Reconciled 07/31/24 8661 HYDROCOMPLIANCE WWTP MONTHLY QSP SVCS 1,400.00 60869 07/11/24 Reconciled 07/31/24 16035 PG&E ELECTRICITY JUNE 2024 28,913.74 PLACER COUNTY 780.50

ENVIRONMENTAL
60870 07/11/24 Reconciled 07/31/24 16165 LANDFILL MONITORING Q4 FY23/24 Item 3C15

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

Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 3:37 pm
Date: 08/02/2024
Void/Stop
Date
Reconcile
Date
US BANK Checks
60871 07/11/24 Reconciled 07/31/24 03580 PLACER COUNTY HHS ANIMAL & FIELD SVCS Q1 24/25 10,106.67 60872 07/11/24 Reconciled 07/31/24 16821 PSOMAS CDBG ROAD REHAB MAY 2024 18,402.50 60873 07/11/24 Reconciled 07/31/24 16821 PSOMAS I&I MITIGATION/WWTP ALGAE 48,147.75 60874 07/11/24 Reconciled 07/31/24 19278 SERGENT, PHIL BOOT REIMBURSEMENT 2024 275.00 60875 07/11/24 Reconciled 07/31/24 01790 SIERRA OFFICE PRODUCTS OFFICE SUPPLIES 180.78 UNION PACIFIC RAILROAD 250.00

COMPANY
60876 07/11/24 Reconciled 07/31/24 21131 DINKY CLOSURE 7/25/24-7/24/25 VAN GRONINGEN & 2,598.75

ASSOCIATES
60877 07/11/24 Reconciled 07/31/24 22106 FINANCIAL SVCS JUNE 2024 60878 07/17/24 Reconciled 07/31/24 03141 CALPERS UNFUNDED LIABILITY #27177 1,600.00 60879 07/17/24 Reconciled 07/31/24 03141 CALPERS UNFUNDED LIABILITY #7683 14,699.00 60880 07/18/24 Printed 1161 49ER WATER SERVICES WWTP TESTING MAY 2024 1,596.00 ALHAMBRA & SIERRA 289.75

SPRINGS
60881 07/18/24 Reconciled 07/31/24 01414 WATER
60882 07/18/24 Reconciled 07/31/24 01785 AUBURN JOURNAL, INC. ANNUAL SUBSCRIPTION 138.00 60883 07/18/24 Reconciled 07/31/24 03401 CHOICE BUILDER PREMIUMS AUGUST 2024 920.37 60884 07/18/24 Reconciled 07/31/24 3475 CLARK PEST CONTROL PEST CONTROL 537.00 CRANMER ENGINEERING, 4,400.00
INC.
60885 07/18/24 Reconciled 07/31/24 03650 LANDFILL MONITORING JUNE 24 60886 07/18/24 Printed 04592 DACOMM WWTP INTERNET AUG 24 103.45 GOLD MOUNTAIN 400.00

CALIFORNIA
60887 07/18/24 Reconciled 07/31/24 07460 DESIGN REVIEW PERMIT NOTICE GOLD MOUNTAIN 400.00

CALIFORNIA
60888 07/18/24 Reconciled 07/31/24 07460 DESIGN REVIEW PERMIT NOTICE 60889 07/18/24 Reconciled 07/31/24 07570 GRAINGER WWTP SUPPLIES 42.98 60890 07/18/24 Reconciled 07/31/24 07570 GRAINGER WWTP SUPPLIES 150.84 60891 07/18/24 Reconciled 07/31/24 23101 LARRY WALKER ASSOCIATES NPDES PERMIT ASSIST. JUN 24 189.75 LAWRENCE & ASSOCIATES 3,860.05
INC
60892 07/18/24 Reconciled 07/31/24 12180 LANDFILL MONITORING JUN 24 60893 07/18/24 Reconciled 07/31/24 12576 LUTZ, ANDREW BOOT ALLOWANCE 140.08 MANAGEMENT ADVISORY 8,178.36

SERVICES
60894 07/18/24 Reconciled 07/31/24 13191 PLANNING SVCS JUNE 2024 60895 07/18/24 Reconciled 07/31/24 16300 PCWA -PLACER COUNTY WATER 3,652.36 PLACER COUNTY OES 19,891.88

FISCAL UNIT
60896 07/18/24 Reconciled 07/31/24 16202 FIRE MARSHALL SVCS Q4 FY23/24 PLACER COUNTY SHERIFF 3,712.00
DEPT.
60897 07/18/24 Reconciled 07/31/24 16200 BOOKING FEES JUNE 2024 60898 07/18/24 Reconciled 07/31/24 16040 PURCHASE POWER POSTAGE REFILL 506.39 60899 07/18/24 Reconciled 07/31/24 17951 R3 CONSULTING GROUP GRANT FUNDMGMT/EAR PREP. 3,822.50 60900 07/18/24 Reconciled 07/31/24 19065 SCI CONSULTING GROUP CANNABIS REVIEW 2024 AUDIT 2,250.00 SCORE - SMALL CITIES 198,743.94

ORGANIZED
60901 07/18/24 Reconciled 07/31/24 19070 Q1 WC & FY 24/24 LIAB POLICY 60902 07/18/24 Reconciled 07/31/24 19396 SIERRA SAFETY COMPANY ROUNDABOUT/CITY HALL MATERIALS 586.12 UNION PACIFIC RAILROAD 5,000.00

COMPANY
60903 07/18/24 Reconciled 07/31/24 21131 101 RAILROAD PARKING LEASE 60904 07/18/24 Reconciled 07/31/24 23169 WAVE BUSINESS SOLUTIONS CITY HALL PHONES 215.72 60905 07/18/24 Reconciled 07/31/24 23301 WESTERN PLACER WASTE SLUDGE REMOVAL JUNE 2024 743.40 60906 07/30/24 Printed 01416 ALL ELECTRIC MOTORS, INC WWTP BLOWER REPAIR 824.78 60907 07/30/24 Printed 01424 ALL PRO BACKFLOW BACKFLOW REPAIR/RETEST 679.54 60908 07/30/24 Printed 01448 AMERIGAS - COLFAX DEPOT PROPANE 381.31 60909 07/30/24 Printed 01448 AMERIGAS - COLFAX SHERIFF DEPT PROPANE 12.86 60910 07/30/24 Printed 02054 BANNER BANK I&I Construction June 2024 57,536.30 60911 07/30/24 Printed 03502 COLFAX AREA CHAMBER OF UP BIG BOY STOP DEPOSIT RTN 100.00 COLFAX JR FALCONS 100.00

FOOTBALL
60912 07/30/24 Printed 03516 TAILGATE PARTY DEPOSIT REFUND 60913 07/30/24 Printed 03540 COLFAX LIONS CLUB 3RD OF JULY PARADE DEPOSIT RTN 100.00 CRANMER ENGINEERING, 315.00
INC.
60914 07/30/24 Printed 03650 GEOTRACKING EDF FILE
60915 07/30/24 Printed 04234 DE LAGE LANDEN FINANCIAL COPY MACHINE LEASE AUG 24 504.79 FRONTIER 275.70

COMMUNICATIONS
60916 07/30/24 Printed 06278 WWTP PHONE
Item 3C16

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

Vendor
Number Vendor Name Check Description
US BANK Page: 3
Time: 3:37 pm
Date: 08/02/2024
Void/Stop
Date
Reconcile
Date
US BANK Checks
60917 07/30/24 Printed 7000 G3 ENGINEERING INC. WWTP LIFT STATION #5 REPAIR 36,882.20 HANSEN BROS. 386,021.39

ENTERPRISES
60918 07/30/24 Printed 08070 CDBG ROAD REHAB JUNE 2024
60919 07/30/24 Printed 08170 HILLS FLAT LUMBER CO SUPPLIES JULY 2024 1,137.71 HOME DEPOT CREDIT 263.66

SERVICES
60920 07/30/24 Printed 08501 PW PRESSURE WASHER

HOSE/NOZZLE
60921 07/30/24 Printed 08660 HUNT AND SONS, LLC FUEL 936.59 60922 07/30/24 Printed 08660 HUNT AND SONS, LLC FUEL 749.08 60923 07/30/24 Printed 09540 INTERSTATE SALES PAINT FOR ROAD/CURBS 1,068.64 60924 07/30/24 Printed 13239 MCGUIRE & HESTER I&I CONSTRUCITON JUNE 2024 517,826.68 60925 07/30/24 Printed 16035 PG&E ELECTRICITY JULY 2024 31,571.55 PLACER COUNTY AIR 2,662.25

POLLUTION
60926 07/30/24 Printed 16140 WWTP GENERATOR PERMIT
60927 07/30/24 Printed 16821 PSOMAS I&I MITIGATION/ WWTP ALGAE 45,725.00 60928 07/30/24 Printed 16821 PSOMAS CDBG ROAD REHAB JUNE 2024 48,568.00 RARE EARTH LANDSCAPE 487.26

MATERIALS
60929 07/30/24 Printed 18111 BALLFIELD GRASS
STATE BOARD OF 111.00

EQUALIZATION
60930 07/30/24 Printed 19650 Q4 23/24 SELF ASSESSED SALESTX 60931 07/30/24 Printed 23169 WAVE BUSINESS SOLUTIONS CORP YARD INTERNET 67.87 60932 07/30/24 Printed 23169 WAVE BUSINESS SOLUTIONS CITY HALL INTERNET 159.90 60933 07/30/24 Printed 18883 WAXIE SANITARY SUPPLY SUPPLIES 1,289.22 Total Checks: 109 Checks Total (excluding void checks): 1,640,749.06 Total Payments: 109 Bank Total (excluding void checks): 1,640,749.06 Total Payments: 109 Grand Total (excluding void checks): 1,640,749.06 Item 3C17
Staff Report to City Council
FOR THE AUGUST 28, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Construction Support Contract Amendment with Wood Rodgers Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $80,000 Fund(s): 575
Summary/Background
The City of Colfax entered into a Construction Grant Agreement with the State Water Resources Control Board (SWRCB) in 2021 for the construction of the Solar, Algae Reduction, and I&I Mitigation Projects. The grant totaled $5,596,191. Due to rising costs and expansion of the projects, the grant was increased to $13,297,674.

While the projects were originally expected to conclude by February 2023, the current expected completion date is February 2025.

On June 23, 2021, the City of Colfax and Wood Rodgers, Inc. entered into a professional services agreement for $555,560 to complete improvement plans and construction support for the Solar, Algae Reduction and I&I Mitigation projects funded with State Water Resource Control Board (SWRCB) Clean Water State Revolving Funds (CWSRF). Due to further enhancement to planning and design of the Algae Reduction project, and the extended construction period, the agreement was amended by Resolution on October 29, 2022, June 8, 2023, and November 29, 2024, raising the agreement amount to $798,120.

Construction Management Amendment
Due to design changes during construction of both the I&I Mitigation and Algae Reduction Projects, and further extension of the construction period, the current budget for Wood Rodgers’ effort is insufficient. Prior to start of construction of the I&I Mitigation project, it was anticipated that there would be budget overruns, so the grant for construction management (CM) service was increased from $468,985 to $988,217, which is included in the overall grant increase mentioned above. It was anticipated that CM services would increase for project management, engineering during construction, inspection, geotechnical services, staking and surveying. Wood Rodgers is providing project management, engineering, plus staking and survey for the three projects.

At this time, Wood Rodgers has requested budget increases for construction management per their attached proposal. Wood Rodgers provided approximately $45,000 in design services for the I&I Mitigation Project during construction; however, with unused budget, a $15,000 contract increase will be sufficient to complete the remaining administrative tasks. Redesign of a component of the Algae Reduction Project was requested by City staff to enhance the weather structures protecting the equipment by converting the structures to enclosed buildings. As explained in the attached proposal, Wood Rodgers is requesting $65,000 to cover the additional design and support construction through February 2025.

Conclusions and Findings
The City has been working with Wood Rodgers over the past five years to develop, implement and manage the CWSRF grant project. As shown in their attached proposal, this amendment to their agreement increases the RECOMMENDED ACTION: Adopt Resolution __-2024 authorizing an amendment to the existing contract with Wood Rodgers for Construction Management and Support for the SWRCB Construction Grant projects.

Item 3D18
budget by $80,000 to $878,120. As explained in the proposal, the amendment includes $15,000 for prior out-ofscope engineering and to close out the I&I Mitigation Project. The amendment also includes $65,000 for out-ofscope engineering and for project management of the Algae Reduction Project through February 2025.

Staff recommends that City Council authorize amendment of Wood Rodgers’ agreement as outlined in their attached proposal.

Fiscal Impacts
The additional $80,000 cost will be reimbursed by the State through the amended CWSRF funding Agreement No. D2101007 executed between the City and SWRCB in October 2023.

Attachments:

1. Wood Rodgers Amendment #4 Proposal

2. Resolution __-2024
Item 3D19
City of Colfax
City Council
Resolution № __-2024

AMENDING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COLFAX AND WOOD RODGERS INC. FOR THE SEWER COLLECTION AND

WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT
WHEREAS, The City of Colfax entered into a Professional Services Agreement with Wood Rodgers on June 23, 2021 for design, implementation and construction management and support of the Sewer Collection and Wastewater Treatment Plant Improvements Project funded by Clean Water State Revolving Funds (Grant); and,

WHEREAS, The Project consists of three major sub-projects, including a Solar Array and an Algae Reduction System at the wastewater treatment plant, and sewer collection system replacement and reconstruction throughout the City; and,
WHEREAS, Wood Rodgers based its cost estimate for construction management and support on the assumptions that construction of all three projects would occur concurrently over a one year period; however, the projects are occurring consecutively and will likely take three years to complete; and,
WHEREAS, Additional out-of-scope construction design service were needed or requested by City staff to complete the I&I Mitigation and Algae Reduction Projects; and, WHEREAS, Wood Rodgers provided an amendment proposal for the out-of-scope work and to continue construction management and support through February 2025.

NOW THEREFORE, BE IT RESOLVED the City Council of the City of Colfax amends the aforementioned Professional Services Agreement with an additional $80,000.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 28th day of August 2024 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________________
Kim Douglass, Mayor
ATTEST:

____________________________________
Amanda Ahre, City Clerk
Item 3D20
July 29, 2024
Mr. Ron Walker
City of Colfax
Via Email: [email protected]
RE: Sewer Collection System and WWTP Improvement Project Contract Amendment #4, Professional Services Proposal
Dear Ron:

The City and Wood Rodgers entered into the design and construction support agreement for the subject State funded project on August 24, 2021, after City Council approved the agreement through Resolution 33-2021.

The Project includes a solar array constructed at the City’s wastewater treatment plant, an algae reduction system constructed at the same treatment plant, and collection system improvements (I&I Mitigation project) constructed throughout the City.

Through the previous contract amendment with Wood Rodgers, it was estimated that the I&I Mitigation project and the Algae project would be completed in April 2024 and October 2024, respectively. The I&I Mitigation project substantially concluded construction at the end of July. The Algae project is now expected to be completed in February 2025.

Additionally, Wood Rodgers and it’s subconsultant, Nexgen Utility Management, at City staff request, provided extensive redesign services to support changing field conditions. The following additional design service for the I&I Mitigation and the Algae Reduction improvement were out of scope of the original contract but derived significant benefit to the City.
• Prepare a paving plan after SWRCB approved complete paving of Lincoln, Rose and Northstar. • Prepare a water relocation and sewer reconstruction plan at N. Auburn between Grass Valley and E.

Depot.
• Prepare a construction plan to connect the Corp Yard sewer service to the City’s sewer main. • Prepare a reconstruction plan for the sewer system in Gearhart. • Prepare plan revisions to enhance the weather/shade structures for the new SAF equipment and Pond 3 Pump Station. This change creates two enclosed structures in place of the original open design with a roof.

While construction of the above first two items is complete, the State denied funding for construction of the next two items. The State also denied funding for construction of the weather/shade structure; however, the structure will be constructed with enhancements that will support enclosing the structures in the future. The cost for Wood Rodgers to provide design services for all five enhancements will be reimbursed with the grant funding. The plans for the last three items are complete and can be implemented when other funding is secured.

Wood Rodgers’ cost due the extended construction period and to complete design of the first four items above, was approximately $45,000; however, we were able to complete most of the work under our existing I&I Mitigation construction support budget. We estimate that an additional $15,000 will be needed to close out the I&I Mitigation I&I Mitigation project.

Item 3D21
With the extended construction completion date and the design effort for the last item above, the additional construction support effort for the Algae Reduction project is projected to cost $65,000. This include about $50,000 from our subconsultant, as explain in the letter attached to this proposal. Additionally, Wood Rodgers is estimating $15,000 for construction administration and project management through February 2025.

Scope of Work
TASK 3 – Construction Management
Task 3.1 – I&I Mitigation & LS3 Force Main
Wood Rodgers provided the following additional services at the request of City staff. • Pavement design and construction coordination for Lincoln Street, Rose Avenue and Northstar Avenue. • Water main relocation plans and construction coordination to support sewer rehabilitation on N. Auburn Street.
• Prepare plan to connect the City’s corporation yard to the City’s sewer system. • Prepare sewer reconstruction plans for the private sewer system in Gearhart Street.

Wood Rodgers will continue to provide construction support services through closeout of the project.

Closeout is expected in late August to early September 2024.

TASK 3.2 – Algae Reduction System
The Wood Rodgers Team prepared design modifications to the weather/shade structures at the SAF equipment and at the Pond 3 Pump Station. The plan modifications are detailed in the attached letter from the design engineer.

The Wood Rodgers Team will continue to provide project management, submittal and RFI review, engineering design services and special inspections during construction. Construction is expected to be completed by the end of February 2025.

Item 3D22
Engineering Fee
Wood Rodgers will bill on a Time & Material (T&M) basis. Wood Rodgers reserves the right to transfer budget between tasks without affecting the total project budget. Wood Rodgers estimates the following budgets will be required to complete the work described in this amendment proposal:

SCOPE ITEM

ORIGINAL
BUDGET

PREVIOUS
ADMTs1
THIS
ADMT
NEW
BUDGET
TASK 1 – Facilities Planning

1.1 – Design Management (I&I Mitigation &
Algae System) $   20,000 $   32,000 $             0 $   52,000

1.2 – Bidding & Award (I&I Mitigation &
Algae Reduction System) $   33,080 $             0 $             0 $   33,080

1.3 ‐ WWTP Control Mapping and SCADA
Programming SOQ/RFP $             0 $   23,600 $             0 $   23,600 TASK 2 – Facilities Design

2.1 – I&I Mitigation Project & LS3 Force
Main Replacement $   31,000 $   19,658 $             0 $   50,658

2.2 –Algae Reduction System $ 273,695 $   38,930 $             0 $ 312,625

2.3 – Solar System Design Coordination $   10,800 $             0 $             0 $   10,800

2.4 – Topo Survey $   10,000 $             0 $             0 $   10,000 TASK 3 – Construction Management

3.1 – I&I Mitigation Project & LS3 Force
Main $   46,000 $   60,000 $   15,000 $ 121,000

3.2 – Algae Reduction System $   93,985 $   27,260 $   65,000 $ 186,245

3.3 – Solar System $   16,000 $     7,000 $             0 $   23,000

3.4 – Staking $   13,000 $   34,112 $             0 $   47,112

3.5 – Misc. Exhibits $     4,000 $             0 $             0 $     4,000

3.6 – Travel & Other Reimbursables $     4,000 $             0 $             0 $     4,000 TOTAL BUDGET PER THIS PROPOSAL: $555,560 $ 242,560 $   80,000 $ 878,120 Note 1: Amendments (admts) include reallocation of line item budgets approved by City Manager on 8/11/23.

We trust this proposed amendment has sufficient detail to meet your needs and we thank you for the opportunity to provide the requested professional services. If you have any questions, please do not hesitate to call.

Sincerely, IN AGREEMENT WITH THE ABOVE ITEMS

WOOD RODGERS, INC CITY OF COLFAX

Jim Fletter, PE 73457 Ron Walker
Senior Engineer City Manager

Matthew Spokely, PE 57647
Vice President
Item 3D23
July 25, 2024
Mr. Jim Fletter, PE
Wood Rodgers
3301 C Street
Sacramento, CA 95816
Re: City of Colfax Sewer Collection System and WWTP Improvements Project Professional Services Agreement No. 8645003
Request for Authorization for Contract Amendment No. 4- Building System Design Change Orders
Dear Jim:

As you know Nexgen has a current Professional Services Agreement (PSA) with Wood Rodgers for five tasks for engineering work at the City of Colfax WWTP. Task 1 is for a Technical Memorandum that essentially serves as a pre-design document for an Algae Removal Process at the WWTP, and is complete. Task 2 was a statistical analysis of wastewater flows. Task 3 involved additional pre-design work and coordinating pilot testing of a dissolved air flotation system. Task 4 prepares Plans and Specifications submitted at the 30% and 90% levels for review, and at 100% for bidding. Task 5 is construction support. Our total budget for Tasks 4 and 5 is currently $343,060.

In May and June of this year, several design changes were identified by the city, contractor, and design / CM team. The changes were related to improving access and enclosing the SAF unit and extending the slab and enclosing the Pond Pump Station inside a new building and the associated safety equipment. Those design changes require effort (meetings, new drawings, new specifications, review of contractor proposals) beyond the engineering services during construction budget established for this project. We have attached design plans changed as part of this effort. The work included modifying 11 design sheets (C10, C11, C20, C21, M10, M11, M15, M16, M20, M21, and M22). We estimate this work represented about $27,000 (about 120 hours). This level of effort represents about $2,500 per sheet, which is about 1/4 of what we typically budget for new design sheets.

We propose an additional $49,920 to cover design changes and also provide about $21,000 budget for remaining scope items including new RFIs and submittals, remaining meetings, system startup, record drawing and O&M manual preparation. This work could be Contract Amendment No. 4 and would bring our total authorized budget to $392,980.

Item 3D24
Please let me know if you have any questions regarding this request. Thank you for the opportunity to continue to serve Wood Rogers and the City.

Sincerely,
Dan Rich
Vice President | T 916.779.7301 | [email protected]
NEXGEN Utility Management
4010 Lennane Drive
Sacramento, CA 95834
Attachments: New Design Sheets
Item 3D25
99 99
49 NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California
.
5/15/24
63 CONTRACTOR TO NOTIFY U.S.A. (UNDERGROUND
SERVICE ALERT) AT 800-227-2600 A MINIMUM
OF 24 HOURS BEFORE BEGINING UNDERGROUND

WORK FOR VERIFICATION OF THE LOCATION OF
EXISTING UNDERGROUND UTILITIES.

NOTICE TO CONTRACTORS

WASTEWATER TREATMENT PLANT

ALGAE REMOVAL PROJECT

CITY OF COLFAX
MAY 2024
APPROVED:

RECOMMENDED:

SUBMITTED:

COLFAX WWTP LOCATION MAP
SCALE: NOT TO SCALE

CONFORMED

WITH POTENTIAL

CHANGE ORDERS

PROJECT TITLE,

LOCATION AND

VICINITY MAPS
G01
1 G01

AS NOTED
JA
JR
JD

COLFAX WWTP VICINITY MAP
SCALE: NOT TO SCALE

COLFAX WWTP

PROJECT SITE
AUBURN

COLFAX WWTP
23550 GRAND VIEW WAY
COLFAX, CA 95713

CITY OF
COLFAX

IOWA HILL RD

GRAND VIEW WAY

RAILROAD TRACKS

TO RENO

TO SACRAMENTO

ROSEVILLE

SACRAMENTO

YUBA CITY

PLACERVILLE
03/07/23 CONFORMED
Item 3D26

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California
.
5/15/24
63 POND 2 EFFLUENT PS AND
POND 3 EQ RETURN PS

DEMOLITION PLANS
D10
7 D10

AS NOTED
JA
JR
JD
05/16/24 CHANGE ORDER
N
N
EXISTING POND No. 3 PUMP STATION AND BYPASS DEMOLITION PLAN SCALE: 1"=2'

EXISTING SAND FILTER AND BYPASS DEMOLITION PLAN
SCALE: 1"=5'
PROVIDE (N) 4"

BLIND FLANGE

REMOVE AND WASTE (E)

BUILDING AND SLAB

REMOVE AND WASTE ALL (E) ABOVE

GROUND PIPING, PUMPS AND

ELECTRICAL CONTROLS, PER NOTES
1 AND 2

PROTECT ALL (E) BELOW
GROUND PIPING IN PLACE.

SEE NOTE ON DWG M20
CONNECT (N) 90° BEND
TO (E) TEE, SEE DWG M20

REMOVE AND WASTE (E)

CHEMICAL TANK AND (E)

CONCRETE PAD

REMOVE AND REPLACE (E)
48" MANHOLE COVER AND

SECTIONS AS NEEDED TO
ACCOMMODATE H-2O LOADING

REMOVE AND WASTE (E)

ABOVE GROUND PIPING

REMOVE AND WASTE (E)

PUMPS, CONTROLS AND

ABOVE GROUND PIPING

REMOVE AND WASTE (E) CONCRETE SLABS AND
ABOVE GROUND PIPING. REMOVE (E) FILTERS AND

RETURN TO PLANT OPERATIONS STAFF

PROTECT (E) BELOW

GRADE PIPING IN PLACE

REMOVE AND WASTE
(E) BOLLARDS, (TYP OF 5)
(E) ABANDONED UG

ASBESTOS PIPE REMOVE

AND WASTE AS REQUIRED

CONNECT NEW,
AT (E) 6" FLG,
SEE DWG M20
NOTES:

1. PLAN VIEW DOES NOT SHOW ALL (E) PIPING.

2. CONTRACTOR TO REMOVE ALL (E) ABOVE GROUND PIPING, STRUCTURES AND EQUIPMENT.

REMOVE AND RELOCATE (E) LP

TANK AND GENERATOR PER PLANT

OPERATIONS STAFF DIRECTION
(E) LP TANK
REMOVE AND WASTE (E) 16" GV

AND PIPING AS REQUIRED FOR
(N) VALVES. SEE DWG M20

REMOVE AND WASTE (E) FENCE AS

REQUIRED FOR (N) CONCRETE SLAB
(E) STORAGE BUILDING
(E) STORAGE

BUILDING
(E) POND No.2

EFFLUENT PS
(E) POND No.2
(E) CCB
NOTES:

1. PLAN VIEW DOES NOT SHOW ALL (E) PIPING OR APPERTENANCES.

2. CONTRACTOR TO REMOVE ALL (E) ABOVE GROUND PIPING WHICH IS NOT IDENTIFIED AS "PROTECT IN PLACE". 36" EBR
FROM POND No.3
16" D TO SMUTHERS RAVINE
18" OF FROM POND No.2
12" OF TO POND No.3

PROTECT IN PLACE
(E) ELECTRICAL BOX

REMOVE AND WASTE (E)

CONCRETE PAD AND

ABOVE GROUND PIPE
(E) EFL TO SMUTHERS RAVINE
6" EBR FROM POND No.3
IN 10" CARRIER

PROTECT (E) ABOVE

GROUND PIPING IN PLACE
(E) ELECTRICAL

PULL BOX
(E) ARV,
(E) 6" FE

TO DISCHARGE
6" EBR
IN
10" CARRIER
6" EBR
IN 10" CARRIER,

PROTECT IN PLACE
1 CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D27

28.75'
X X
(E) POND No.3
(E) GRADE
18'
TOC=2127.2
2130
2125
2126
2127
2128
2129
2130
2125
2126
2127
2128
2129
2124 2124
2123 2123
2122 2122
2135
2131
2132
2133
2134
2135
2131
2132
2133
2134
2119
2115
2116
2118
2119
2115
2116
2117
2118
2117
2121 2121
2120 2120
2140
2136
2137
2138
2139
2140
2136
2137
2138
2139
2145
2141
2142
2143
2144
2145
2141
2142
2143
2144

FILL WITH ENGINEERED

FILL AS REQUIRED
12" CONCRETE SLAB,
SEE DWG S11

PRE-ENGINEERED

METAL CANOPY
FG=VARIES FROM
2127.0 TO 2126.7

SKIRT WALL
3 SIDES

FULL WALL
1 SIDE

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California
.
5/15/24
63 AIR FLOTATION PAVING,

GRADING AND DRAINAGE
C10
10 AS NOTED
JA
AO
JD
N
0 1"=5'
5 10 15

CONFORM (N) AC

PAVING TO (E) PAVING
2127.2
2127.2
2127.2
2127.2 A
C10
C206
TYP

SECTION
SCALE: 1"=2'

REMOVABLE POST,
(TYP OF 3), SEE DETAIL
A
C10
SECTION SIM2 A/C10
PROVIDE (N) H-20 MH

COVER AND ADJUST
RIM TO FG. SEE DETAIL
1/C10
(N) PRE ENGINEERED METAL

CANOPY, PER SPEC SECTION
13126
C600
TYP 3" AC PAVING,SEE DETAIL
3" AC PAVING,

SEE DETAIL
C600
TYP
2125.5
2125.5
2125.5
2125.0
2126.7
2126.8
2126.7
2127.0
2126.8
2126.7
2126.5
2127.0
2127.5
2125.0
(E) RIM EL=2127.5±
(E) RIM EL=2127.0±

CONTRACTOR TO

ADJUST (E) RIM TO FG

CONTRACTOR TO

ADJUST (E) RIM TO FG
(E) SLAB EL=2126.5±
(E) AC ROADWAY
NOTES:

1. ELEVATIONS OF EXISTING UTILITIES ARE APPROXIMATE, CONTRACTOR TO FIELD VERIFY.

2. EARTHEN SIDE SLOPES NOT TO EXCEED 3:1.

3. SLOPE OF AC PAVING SHALL BE MINIMUM OF 1% IN THE DIRECTION OF FLOW, ELEVATIONS ARE APPROXIMATE AND MAY BE MODIFIED IN COORDINATION WITH THE ENGINEER. 1 C10
(N) 36"Ø H-2O COVER,

ADJUST TO FG

SAW CUT (E) CONCRETE

MH AS NECESSARY TO
INSTALL (N) H-2O MH
COVER. SEAL JOINT

WITH RAMNEK/GROUT
FG=2127.0±
(E) GRADE=2126.5±
IE=2121.88± WEIR WALL
(E) WEIR MANHOLE
FROM POND No.2

EFFLUENT PS
12" TO POND No.318" OF
DETAIL
SCALE: NOT TO SCALE
4" SLG

TO ALGAE

DEWATERING
SYSTEM
IE=2124.00
2" 3W
IE=2123.00
2" 3W
IE=2123.00
12" OF
IE=2119.79
IE=2120.00

CONCRETE ENCASE
PER S240/TYP
10"
05/16/24 CHANGE ORDER

SAF ENCLOSURE CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D28
>
> > > > > > > > >
> > > > > >
>
> > >

28.75'
X X

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California
.
5/15/24
63 05/16/24 CHANGE ORDER AIR FLOTATION PIPING
PLAN
C11
11 1"=5'JA
AO
JD N
0 1"=5'
5 10 15
8" FLG EFFLUENT

DISCHARGE
6" FLG INFLUENT

FLOW CONECTION
2" 3W
2" 3W
4" SLG
4" SLG
2" 3W
4" SLG
2" 3W
FROM

MAIN WWTP

TO (E) BFP

FROM (E) HB AT
POND NO 1 EQ PS
8" AFE
4" EBR
6" D
18" OF FROM (E) POND No.2
(E) POND No.2
4" AFE TO MH No.2
12" OF

FROM (E)

WEIR MH

TO (N) ALGAE DEWATERING SYSTEM

TO DEWATERING SYSTEM

PIG CATCHER
2" 3W
6" FE
6" EBR
IN 10" CARRIER
(E) ARV, (E) 6" FE

TO DISCHARGE
2" EBR TO (E) POND No.3

SPRINKLERS
2" EBR
C550 TYP 4" CLEAN OUT,

SEE DETAIL
4" SLG
(E) MH
(E) FE

VALVE BOX
(E) 48" WEIR

MANHOLE
(E) POND No.2 EFL

PUMP STATION
C206 TYP REMOVABLE POST,
(TYP OF 3), SEE DETAIL
NOTES:

1. PIPE LOCATIONS AS SHOWN ARE APPROXIMATE,
CONTRACTOR TO FIELD VERIFY.

2. CONTRACTOR SHALL NOT DISTURB THE EXISTING POND
No.3 LINER.

PROVIDE COTG @ 200'

MAX INTERVALS AND

AS SHOWN ON OTHER
PLANS
GV

APPROX LOCATION

CONTRACTOR TO

POTHOLE TO LOCATE (E)
12" OF CONNECTION
C550 TYP 4" CLEAN OUT,

SEE DETAIL
10"
4" SLG
IE=2120.00
MAINTAIN 30 INCHES OF

MIN COVER FOR ALL

UNDERGROUND PIPES

PULL JOINTS PER

MANUFACTURES

RECOMMENDATIONS

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D29

PROTECT IN PLACE
(E) UTILITY POLE
(N) PRECAST CONCRETE
VAULT WITH H2O COVER

PRE ENGINEERED METAL
CANOPY, SEE DWG S20
(N) ELECTRICAL PANEL

SEE ELECTRICAL DWGS

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California .
5/15/24
63 POND 3 PUMP STATION

PAVING, GRADING AND

DRAINAGE PLANS
C20
12 C20
1"=4'JA
JR
JD
N 0 42
1"=4' 8 12

CONFORM TO
(E) GRADE

CONFORM (N) AB

TO (E) AB ROADWAY

CONFORM TO
(E) GRADE
2050.00
2050.00

SLOPE TO DRAIN
2050.00
2049.50
2050.20
2049.50
2048.50
2047.50
2047.50
2048.00
2048.50
2049.50
2048.50
2047.00
(N) 6" AB WITH

FILTER FABRIC
(E) UNKNOWN UG

ABANDONED STRUCTURE
2049.50
2050.00
NOTES:

1. GRADING SLOPES SHALL BE MAXIMUM OF 3:1.
05/16/24 CHANGE ORDER

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D30

PROTECT IN PLACE
(E) UTILITY POLE
(N) PRECAST CONCRETE
VAULT WITH H2O COVER

PRE ENGINEERED METAL
CANOPY, SEE DWG S20
(N) ELECTRICAL PANEL

SEE ELECTRICAL DWGS

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California .
5/15/24
63 POND 3 PUMP STATION

PIPING PLAN
C21
13 C21
1"=4'JA
JR
JD
N 0 42
1"=4' 8 12
6" EBR
36" EBR
16" OF TO SMUTHERS RAVINE
10" CARRIER PIPE TO POND No.2 EQ PS

BROKEN FOR CLARITY
6" EBR (E) EFFLUENT AERATOR

COMPRESSOR
(E) OUTFALL

STRUCTURE

ROOF EDGE
05/16/24 CHANGE ORDER

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D31
2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W 2''W
6" EBR
X
X
M630
TYP
6" D
4" SLG
4" EBR
8" AFE
6" EBR
2" 3W
4" SLG
NOTE:

SEE DWG M11 FOR AIR FLOATATION SYSTEM MECHANICAL SCHEDULE.

CONNECT TO

SYSTEM PIPING
19 24 25 26
31 31
32 33
33 29
27 34
31 23 23
31 32
35 29

PIG CATCHER
(E) FENCE

ROOF EDGE

PRE ENGINEERED METAL CANOPY
PER SPEC SECTION 13126 2 4 6 8 9
11 12
13 14
3'-0" HANDRAIL, (TYP OF 2) 7
10 30
A
M11 2" GV WITH VB
A
M11
4" SLG
14'-0", (TYP) 4'-0", (TYP)
4'-0", (TYP)
28'-9", (TYP)
M625

TYP HOSE BIBB,SEE DETAIL

HOSE RACK,

SEE DETAIL
2" 3W
2" 3W
2" GV WITH VB
M630

TYP HOSE RACK,SEE DETAIL
(E) FENCE
M625

TYP HOSE BIBB,SEE DETAIL
41 42 15

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California .
5/15/24
63 AIR FLOTATION PLAN
M10
18 3/4"=1'-0" JA
AO
JD
3/4"=1'-0" 0 1 2 3 4 N

ROOF PEACH
05/16/24 CHANGE ORDER

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D32
A
M11 SECTION
SCALE: 3/4"=1'-0"
13'-6"
M303
TYP
M142
TYP
4" SLG
IE=2124.20

PIPE PENETRATION,

SEE DETAIL
TOC=2127.20

FLUSHING CONNECTION,

SEE DETAIL
TOC=2127.20 2 5 3
17 16
20 37
39 12" CRUSHED ROCK

WITH NON-WOVEN

GEOTEXTILE FABRIC

PRE-ENGINEERED

METAL CANOPY,
SEE S11 AND S12
(BEYOND)
(N) AC PAVING, FG

VARIES, SEE PLAN,
DWG C10
(N) 12" CONCRETE

SLAB ON GRADE,
SEE DWG S10

BROKEN FOR CLARITY

METAL WALL
3'-0" SPOOL FOR FUTURE
MUFFIN MONSTER 1 6 7 9
10 13
11 14
1-1/2" 3W
42 23

UNION BALL VALVE
15 NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California .
5/15/24
63 AIR FLOTATION SECTION
M11
19 3/4" = 1'-0" JA
AO
JD
MECHANICAL NOTES:

1. ALL MOTORS ARE TO BE 460V AC, 60 HZ, 3PH UNLESS OTHER WISE SPECIFIED.

2. ALL CONNECTING PIPING AND ELECTRICAL SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.

3. ITEMS 1-9 AND 11-15 SHALL BE PROVIDED BY ONE SAF SYSTEM SUPPLIER.

SAF UNIT MECHANICAL SCHEDULE
ITEM No. DESCRIPTION QTY

HERON SYSTEM INTEGRATION SKID, POWDER
COATED STEEL STRUCTURE 1 HERON CF125 CLEARFLOATER TANK, 1/4 HP SKIMMER MOTOR, VFD CONTROLLED. ADJUSTABLE WEIR 1
CF125 CLEARMIXER WITH 3/4 HP MIXING MOTOR 1
6" SMART MEASUREMENT ALMAGWP MAGNETIC FLOW METER, FLANGED, ANSI 150# BORGER PL200 3HP SOLIDS PUMP WITH SKID, UP TO 80 GPM 1 HERON F50 SAF FROTH GENERATOR, 5HP CIRCULATION PUMP, UP TO 13 GPM FROTH OUTPUT WITH STENNER PERASTALTIC METERING PUMP - PDS 2 POLYMER DILUTION SYSTEM WITH
2HP FLASH MIXER AND STENNER
PERASTALTIC METERING PUMP, 1.5-8 GPM 1 SYSTEM CONTROL PANEL WITH PLC, HMI, AND VFDS, 480V POWER CONNECTION 1 MAINTENANCE PLATFORM, L SHAPED, POWDER COATED STEEL FRAME WITH GALVANIZED SERRATED GRATING, ACCESS LADDER 11 8" FLOCCULATION TUBES, DR17 HDPE, WITH STAINLESS STEEL STAND AND CHEMICAL INJECTION POINTS 1 MAINTENANCE PLATFORM STAIRS, STEEL

POWDER COATED, GALVANIZED SERRATED
STEPS AND GRATING 1
3" FL X 4" FL REDUCER 1
4" MJ X PE 45° BEND 1
4" MJ X MJ 45° BEND 1
4" CHECK VALVE 1
4" DI FLG X FLG 90° BEND 1
4" DI FLG X PE SPOOL 6
4" DI MJ X MJ 90° BEND 4
4" DI PE X PE SPOOL 2
4" DI FLG X FLG SPOOL 3
4" MAG METER 1
4" FLANGED COUPLING ADAPTOR 1
4" GATE VALVE 3
4" X 6" DI FLG REDUCER 1
4" X 4" X 4" DI MJ TEE 1
6" X 6" X 6" DI FLGD TEE 2
6" DI FLG X FLG SPOOL 1
6" DI FLG X FLG 90° BEND
6" GATE VALVE 2
6" DI FLG WYE 2
6" DI BF 1
1" ARV ASSEMBLY 1
6" DI FLG X PE SPOOL 11 1 4
2723467
10 11
13 14
15 16
17 18
19 20
21 22
23 24
25 26
28 29
30 31
32 33
34 35
36 3789
12 38 6" RESTRAINED MJ 1
1" TAPPING SADDLE WITH CORP STOP
39 4" X 4" X 4" DI FLG TEE 1
PATTERSON E3P7A-CC 5HP SYSTEM FEED AND
FLUSH PUMP 1 5
65 GALLON SINGLE CONTAINMENT DOUBLE CARBOY STAND
275 GALLON CHEMICAL TOTE STAND FOR

COAGULANT, TOTE BY OTHERS, WITH

STENNER PERASTALTIC METERING PUMP --

CONCRETE ENCASE
PER S240/TYP
05/16/24 CHANGE ORDER

SAF ENCLOSURE
3/4"=1'-0" 0 1 2 3 4
41 8" FLANGE COUPLING ADAPTOR 1
42 4" FLANGE COUPLING ADAPTOR 1

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D33

X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

SEWAGE AIR RELEASE VALVE,

SEE DETAIL
M112
TYP
A
M16 B
M16 B
M16
FROM POND No.1

EQ PS TO SAF SYSTEM

KNEE BRACE,
(TYP OF 2), SEE DETAIL
M430
TYP
(N) AC PAVING
6" AFE
4" AFE
4" AFE
6" AFE
2" 3W
2" 3W
(N) 6" CURB
18 19
17 1 2 1 2
11 15
11 1 3
13 11
12 6 52 4 5 6 10
11 16
A
M16

PIPE TRANSITIONS

TO UNDERGROUND
(E) CCB OF
(N) ELECTRICAL PANEL,

SEE ELECTRICAL DWGS
TO (E)

SPRINKLERS
2" EBR 2" EBR

PIPE PENETRATION,

SEE DETAIL
M302
TYP
TO (E) MH No.2
4" AFE

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California .
5/15/24
63 CHLORINE CONTACT BASIN

PUMP STATION PLAN
M15
20 M15
3/4"=1'-0" JA
JR
JD
3/4"=1'-0" 0 1 2 3 4 N

CHLORINE CONTACT BASIN PUMP STATION MECHANICAL SCHEDULE ITEM No. DESCRIPTION QTY341
4" FLG X FLG 45° BEND
4" DI FLG X FLG 90° BEND
4" DI FLG X FLG SPOOL
4" MAG METER
4" GATE VALVE
6" X 6" X 4" DI FLGD TEE
6" DI FLG X FLG SPOOL
6" DI FLG X FLG 90° BEND
6" X 4" DI FLG X FLG REDUCER 90° BEND 123456789
10 11
12 13
14 15
16 17
18 19 1222221
4" FLEXIBLE RESTRAINED COUPLING ADAPTER
3" FLEX COUPLING
3" CHECK VALVE
3" GATE VALVE
4" X 3" DI FLG 90° BEND REDUCER
4" X 4" X 3" DI FLG TEE
4" X 4" X 4" DI FLG TEE 51111
4" FLANGED COUPLING ADAPTER 11
4" DI MJ X MJ 90° BEND
4" DI FLG X PE SPOOL 11 05/16/24 CHANGE ORDER

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D34

SECTION
SCALE: 3/4"=1'-0"
(E) TOW=2129.50
A
M15
TO (E) MH No.2
TOC=2125.50
6" AFE
4" AFE
4" AFE

BROKEN FOR CLARITY

SCREW CENTRIFUGAL
PUMPS (TYP OF 2)
6"
6" CONCRETE WITH
#4 @ 12" CC, EW
6" CRUSHED ROCK WITH

NON-WOVEN GEOTEXTILE FABRIC
IE=2118.7±, MAINTAIN
30" MIN COVER

SECTION
SCALE: 3/4"=1'-0" B
M15
(E) TOW=2129.00
6"

SEWAGE AIR RELEASE VALVE,

SEE DETAIL
M112
TYP
6" FLARE

PIPE PENETRATION,

SEE DETAIL
M302
TYP
(E) BOC=2123.50
(E) FG=2125.50±
2'-0" MIN
3'-0"

KNEE BRACE,

SEE DETAIL
M430
TYP
6" AFE
6" AFE
4" AFE

MAX WSEL
2128.50
(E) TOW=2129.50
FG=2125.50
6" CONCRETE WITH
#4 @ 12" CC, EW
6" CRUSHED ROCK

WITH NON-WOVEN

GEOTEXTILE FABRIC

FILL WITH ENGINEERED

FILL AS REQUIRED

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California .
5/15/24
63 CHLORINE CONTACT BASIN

PUMP STATION

SECTIONS AND DETAILS
M16
21 M11

AS SHOWN
JA
JR
JD
3/4"=1'-0" 0 1 2 3 4
19 18
17 11 1 2
16 154 5 6
13 10 9 8 7 789
10 11 12
11 13
11 14 2 1 1 2 1 2 789
11 NOTE:

SEE DWG M15 FOR CHLORINE CONTACT BASIN PUMP STATION MECHANICAL SCHEDULE. 05/16/24 CHANGE ORDER

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D35
L
L 36" EBR
16" OF TO SMUTHERS RAVINE
6" EBR
CARRIER PIPE IN 10"
M301
TYP
11'-0"
6" SE 6" SE
6" EBR
6" SE
6" EBR
4" EBR
6" EBR
4" EBR
2050.00 2050.00
2050.00 2050.00
2 3 13'-6" WIDE OPEN

TRANSOM ABOVE DOOR
B
M21
B
M21
C
M22
C
M22
6" EBR
(N) ELECTRICAL CONTROL PANEL, SEE ELECTRICAL DWGS
8'-0"
7'-0"
6'-0"
4'-0"

PIPE SUPPORT ATTACH

TO FLANGE, SEE DETAIL
M404
TYP
16” OF
A
M21 AM21

CONCRETE EDGE

ROOF EDGE
(N) BEAM
(N) BEAM
BRIDGE

CRANE RUNWAY

CRANE RUNWAY

CONNECT

TO EXISTING
2049.50 2049.50
2049.50 2049.50
2 21
5 20
19 18
17 16
15 15
10 12
10 9
4 12
14 13
10 12
10 12
13 9
5 14
17 3
4 5
4 5
4 22
1 1
4 4'-0"
12" X 12" SUMP
C
C 20'-0"
17'-4"
3'-0"

PIPE PENETRATION,

SEE DETAIL

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California
.
5/15/24
63 POND No.3 PUMP STATION
PLAN
M20
22 M20
3/4"=1'-0" JA
JR
JD
3/4"=1'-0"
0 1 2 3 4
N
POND No.3 PUMP STATION MECHANICAL SCHEDULE
ITEM No. DESCRIPTION QTY2
1 5
4" DI FLG X FLG 90° BEND
4" DI FLG X 6" FLG 90° BEND REDUCER
6" GATE VALVE
6" DI FLG X PE SPOOL
16" FLANGE COUPLING
16" GATE VALVE
6" DI FLG X FLG 90° BEND
1 2
3 4
5 6
7 8
9 10
11 12
4 4
2 3
4 2
6 6" X 6" X 6" MJ TEE
6" DI MJ X MJ 90° BEND
6" X 4" DI FLG FLEXIBLE COUPLING REDUCER
4" GATE VALVE
4" CHECK VALVE
2 6
2 2
2 6" X 6" X 6" DI FLG TEE 1
1 1
1 6" PE X PE SPOOL
4" DI FLG FLEXIBLE COUPLING
4" DI FLG X FLG SPOOL
6" DI FLG X FLG SPOOL
6" MAG METER
6" FLANGED COUPLING ADAPTER
6" DI FLG WYE 1
4" DI FLG WYE 1
16" DI FLG X FLG SPOOL 1
13 14
15 16
17 18
19 20
21 22
CONSTRUCTION NOTES:

CONTRACTOR TO POTHOLE AND VERIFY FITTINGS AND DIMENSIONS BEFORE ORDERING FITTINGS AND VAULT. SEE DRAWING D10.

INSTALL APPROX 6'-0" X 6'-6" X 8'-6" DEEP I.D. PRE-CAST CONCRETE VALVE VAULT.

INSTALL ALUMINUM ACCESS HATCH MIN 4'-0" X 6'-0" WITH LOCK, STAINLESS STEEL HARDWARE, AND LIFT ASSIST. HATCH AND LID SHALL BE REINFORCED FOR H-20 TRAFFIC LOADING.

PROVIDE SLOTTED PIPE OPENINGS IN PRECAST WALLS TO
ACCOMMODATE EXISTING 16" PIPE. WRAP PIPE WITH 2 LAYERS OF RUBBER SHEET SIMILAR TO M303/TYP AND GROUT OPENINGS AFTER VAULT PLACEMENT.
1 2
1/2" BV AND SADDLE

PRESSURE GAUGE
23 24
2 1
3 4 05/16/24 CHANGE ORDR

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D36
A
M20
M112
TYP
M301
TYP
M404
TYP
4" EBR
6" EBR
6" EBR
TOS=2049.50
(E) 16" IE=2043.6±
IE=2045.90
IE=2046.50

SEWAGE AIR RELEASE VALVE,

SEE DETAIL

GROUTED PIPE

PENETRATION,

SEE DETAIL
3 TOC=2050.00
4" EBR

PIPE SUPPORT ATTACH

TO FLANGE, SEE DETAIL
4'-0"

SECTION
SCALE: 3/4"=1'-0"
7'-0"
4'-0"
6'-0"
FG=2049.50
9'-0" OR AS REQUIRED FOR 7'-0" BRIDGE CRANE CLEARANCE
7'-0"

PROVIDE GV WITH
2" OPERATOR NUT
12" CRUSHED ROCK WRAPPED

WITH GEOTEXTILE FILTER
FABRIC

PRE-ENGINEERED

METAL BUILDING
12" COMPACTED
AB
12" CONCRETE SLAB,
SEE DWG S20
6" RESTRAINED FC
6" THICK BASE SLAB W/
#4 @ 12" EW

CRANE RUNWAY
11'-0" BRIDGE
(N) BEAM
13" OPEN TRANSOM

ABOVE GATE OR AS

REQUIRED FOR

RUNWAY CLEARANCE

ABOVE GATE
(N) BEAM

VINYL STRIP

DOOR KIT

DOUBLE SWING GATE

WITH PRIVACY SLATE
4 5 3
6 7
8 6
8 8
7 3
3 10
10 11
10 11
12 10
12 10 16
3 10
12 23
12 23
7 2
EL=2041.9
12" X 12" X 1-1/2" SUMP
1" CLEARANCE FROM

TOP OF CONCRETE
2" CLEARANCE FROM

BOTTOM OF RUNWAY
BEAM

X X X X X
8'-0"
B
M20
6" EBR
M112
TYP
M303
TYP
16"Ø
6" EBR
IE=2046.50
IN 10" CARRIER PIPE,
IE=2044.67±
IE=2044.16±
TOC=2050.00

SEWAGE AIR RELEASE VALVE,

SEE DETAIL

SLAB ON GRADE PIPE PENETRATION,
(TYP OF 4), SEE DETAIL
6" EBR

SECTION
SCALE: 3/4"=1'-0"
12" COMPACTED
AB
12" CONCRETE SLAB, SEE DWG S20
8 3
5 20
17 19 18
16 3
4 24
17 3 NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California
.
5/15/24
63 POND 3 PUMP STATION

SECTIONS
M21
23 M21
3/4"=1'-0" JA
JR
JD
3/4"=1'-0"
0 1 2 3 4
NOTE:

SEE DWG M20 FOR POND NO.3 PUMP STATION MECHANICAL SCHEDULE.

CONCRETE ENCASE
PER S240/TYP

CONCRETE ENCASE
PER S240/TYP
05/16/24 CHANGE ORDER

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D37
M404

TYP PIPE SUPPORT ATTACH TO

FLANGE (TYP), SEE DETAIL
FG=2049.50 TOS=2049.50 FG=2049.50

SECTION
SCALE: 3/4"=1'-0"
C
M20
36" EBR
(E) 16" IE=2043.6±
11'-0" BRIDGE
13'-6" OPENING OR AS REQUIRED FOR 3" BRIDGE CLEARANCE EACH SIDE

DOUBLE SWING GATE
6'-0"
8'-0"
16” OF TO SMUTHERS RAVINE
7'-0"
M301

TYP PIPE PENETRATION,SEE DETAIL

PROVIDE GV WITH
2" OPERATOR NUT
12" CRUSHED ROCK WRAPPED

WITH GEOTEXTILE FILTER
FABRIC
13" OPEN TRANSOM ABOVE

GATES OR AS REQUIRED FOR

RUNWAY CLEARANCE

ABOVE GATE

VINYL STRIP DOOR KIT
12" COMPACTED
AB
4 1
2 1
22 7'-0"
TOC=2050.00
IE=2041.9
2" CLEARANCE FROM

BOTTOM OF BEAM

DOUBLE SWING GATE HINGE

TO BUILDING COLUMNS
GENERAL NOTES:

1. PROVIDE BENTONITE WATER STOPS AT ALL PIPE PENETRATION AND CONSTRUCTION JOINTS IN THE VALVE VAULT. 4 1" CLEARANCE FROM

TOP OF CONCRETE
6" CLEARANCE

NEXGEN UTILITY MANAGEMENT
4010 LENNANE DRIVE
SACRAMENTO, CA 95834
916.564.8000

COLFAX WWTP

ALGAE REMOVAL PROJECT

CITY OF COLFAX
Colfax, California
.
5/15/24
63 POND 3 PUMP STATION

ELEVATION
M22
24 M22
3/4"=1'-0" JA
AO
JD
3/4"=1'-0"
0 1 2 3 4 05/16/24 CHANGE ORDER

CONFORMED WITH

POTENTIAL CHANGE
ORDERS
Item 3D38
Revised Second Amended and Restated Joint Powers
Agreement for Pioneer Community Energy
City of Colfax
Staff Report August 28, 2024
Staff Report to City Council
FOR THE AUGUST 28, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Revised Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy
Budget Impact Overview:

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

Summary/Background
Pioneer Community Energy (“Pioneer”) is a Joint Powers Authority (“JPA”) formed between the Counties of Placer and El Dorado, the Town of Loomis, and the Cities of Auburn, Colfax, Grass Valley, Lincoln, Nevada City, Placerville, and Rocklin. Pioneer is a Community Choice Aggregation Program (“CCA”) authorized under Assembly Bill 117 (2002). The CCA provides local control over the electricity supply with a primary goal of providing stable and competitive electricity rates to the residents and businesses within its member jurisdictions.

Pioneer purchases the electricity supply and Pacific Gas & Electric (“PG&E”) transmits and delivers the power through PG&E’s infrastructure (poles and wires). PG&E continues to own, operate, and maintain the distribution infrastructure. PG&E also continues to provide meter reading and billing services for Pioneer’s customers.

At the January 18, 2024, the Pioneer Governing Board (“Board”) meeting, the Board adopted resolution approving the Second Amended and Restated JPA for Pioneer. The bulk of the changes were clarifying or clerical in nature. The most substantive change was to Section 19, Amendment. The current process requires all amendments to the JPA be individually approved by each Voting Member resulting in complications and delays and the proposed language provided remedy by eliminating this requirement for certain amendments and allowing the Board to approve such amendments to the JPA with a two-thirds vote after providing notice to Voting Members.

Subsequently, at the January 24, 2024 City of Colfax’s Council meeting, the Council adopted all of the proposed amendments. However, the City of Rocklin and the Town of Loomis provided additional amendments for consideration:
• Section 14.A and B (Rocklin): relates to the process to withdraw from the JPA. The proposed amendment requires any change to this section to be approved by the Voting Members and include Section 14.A and B in Section 19.
• Section 19 (Loomis): amended to provide forty-five (45) days written note to all Members of amendments to the JPA from the current thirty (30) days. • Title Change: Change the title of the Executive Director to Chief Executive Officer.

RECOMMENDED ACTION: Adopt Resolution __-2024 Approving the Revised Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy Item 3E39
Revised Second Amended and Restated Joint Powers
Agreement for Pioneer Community Energy
City of Colfax
Staff Report August 28, 2024
At the June 20, 2024, Pioneer Board meeting, the Board approved the amendments provided by the Town of Loomis and the City of Rocklin and an administrative amendment related to the title change.

Due to the Second Amended and Restated JPA not being unanimously approved, the adoption of the Resolution at the January 24, 2024, City Council Meeting, is not in effect. The Revised Second Amended and Restated JPA includes prior amendments approved at Pioneer’s Board meeting on January 18th and June 20th.

The Pioneer Board is expected to execute the Revised Second Amended and Restated JPA at the September 19, 2024, Pioneer Board meeting.

Fiscal Impacts
There is no fiscal impact to the City.

Attachments:

1. Resolution __-2024

2. Revised Second Amended and Restated Joint Exercise of Powers Agreement

3. Joint Powers Agreement Redline

4. Staff Report from the June 20, 2024, Pioneer Community Energy Board Meeting Item 3E40
City of Colfax Approving the Revised Second Amended and Restated Joint Resolution __-2024 Exercise of Powers Agreement for Pioneer Community Energy City of Colfax
City Council
Resolution № __-2024

RESOLUTION APPROVING THE REVISED SECOND AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY WHEREAS, the Sierra Valley Energy Authority was established on September 9, 2015, between the County of Placer and the City of Colfax; and WHEREAS, the Sierra Valley Energy Authority was originally created for the purpose of providing a financing conduit and program expansion platform for the mPOWER Program; and WHEREAS, counties and cities have the power under California law to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, by providing a Community Choice Aggregation (“CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2; and
WHEREAS, the Amended and Restated JPA allowed for the establishment of a Community Choice Aggregation Program within the jurisdictions of the Voting Members and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and WHEREAS, the Amended and Restated JPA became effective on February 22, 2017; and WHEREAS, on July 17, 2017, the Governing Board of the Sierra Valley Energy Authority took action to rename and brand Sierra Valley Energy Authority as Pioneer Community Energy (“Pioneer”); and
WHEREAS, the Governing Board of Pioneer has since approved five amendments to the Amended and Restated JPA, which make certain changes and add new Voting Members to the JPA; and
WHEREAS, pursuant to Section 19 of the Amended and Restated JPA, the governing body of each Voting Member must individually approve amendments to the Amended and Restated JPA and thereafter the Governing Board of Pioneer ratifies the amendment; and WHEREAS, individual approval of amendments by each Voting Member results in logistical complications and delays, which can be remedied by eliminating this requirement for certain amendments and allowing the Governing Board of Pioneer to approve such amendments to the JPA with a two-thirds vote after providing notice to the Voting Members; and Item 3E41
City of Colfax Approving the Revised Second Amended and Restated Joint Resolution __-2024 Exercise of Powers Agreement for Pioneer Community Energy WHERAS, the Revised Second Amended and Restated JPA includes all amendments proposed in the Second Amended and Restated JPA; and
WHEREAS, the Revised Second Amended and Restated JPA includes additional amendments of (1) requiring any proposed amendments to Member withdrawal (Section 14.A and B) will require Voting Member approval; (2) extend the notification period to Members of an upcoming amendment to the JPA from thirty (30) days to forty-five (45) days; and reflect the title change from Executive Director to Chief Executive Officer; and
WHEREAS, to these ends, the COUNCIL OF THE CITY OF COLFAX desires to approve the execution of the Revised Second Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy to incorporate the changes made by the previous amendments to the Amended and Restated JPA, clarify language, correct clerical errors, and streamline adoption of amendments to the JPA that no not directly impact the member agencies or change the nature of Pioneer or its powers.

NOW, THEREFORE, the CITY COUNCIL OF COLFAX hereby resolves as follows:

Section 1. The recitals above are true and correct and are incorporated by this reference and constitute findings in this matter.

Section 2. The COLFAX CITY COUNCIL hereby approves the Revised Second Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy, in the form attached hereto as Exhibit “A,” and authorizes and directs the Mayor to execute the Revised Second Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy in the name and on behalf of COLFAX.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 28th day of August, 2024 by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________________
Kim A. Douglass, Mayor
ATTEST:
____________________________________
Amanda Ahre, City Clerk
Item 3E42

REVISED

SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS

AGREEMENT FOR PIONEER COMMUNITY ENERGY
This Revised Second Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement” or “Revised JPA”) amends and restates the Amended and Restated Joint Exercise of Powers Agreement (“Amended and Restated JPA”), with the effective date of February 22, 2017, for PIONEER COMMUNITY ENERGY, (hereafter “Pioneer”), as amended and executed pursuant to Amendments No. 1 through 5, by and among the Voting Members (including the New Voting Members) and the Associate Members listed in Exhibit A to this Agreement, all public entities of the State of California who become signatories to this Agreement, and relates to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the “Members”).

RECITALS:

A. Whereas, each of the Members has a vested interest in the economic well-being of its respective jurisdiction and the region as a whole as well as energy efficiency and clean energy growth and development;
B. Whereas, the Members desire to enter into this Agreement to provide for local control of energy resources, the adoption of programs to foster economic development, energy efficiency, and resource conservation, and to further define and describe the scope of powers to be exercised by Pioneer; C. Whereas, the Members share various powers under California law, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with property owners to provide financing for the installation of public and private improvements authorized within their jurisdictions;
D. Whereas, the purposes for entering into this restated Agreement include, but are not limited to:
1) Providing electric power and other forms of energy to customers at a competitive cost;
2) Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources and the overall power supply portfolio.
3) Carrying out programs to reduce energy consumption;
4) Stimulating and sustaining the local economy by developing local jobs in renewable energy; and
5) Reducing greenhouse gas emissions related to the use of electric power and other forms of energy in Placer County and neighboring regions; Item 3E43
E. Whereas, it is the intent of this Agreement to promote the development and use of a wide range of energy sources and energy efficiency programs, including but not limited to hydroelectric, biomass, landfill gas, conversion of waste-to-energy, solar, and wind energy production;
F. Whereas, Pacific Gas and Electric and Liberty Energy are the investor owned providers of retail electric service throughout the Voting Member jurisdictions and a Community Choice Aggregator is authorized to aggregate electrical load served by such investor owned providers within its members’ jurisdiction. Each of the Voting Members must adopt an ordinance electing to implement through Pioneer a common Community Choice Aggregation pursuant to California Public Utilities Code Sections 331.1(b) and 366.2(12)(A).

G. Whereas, on September 9, 2015 the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and H. Whereas, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Aggregation Program within the jurisdictions of the Voting Members; and
I. Whereas, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and
J. Whereas, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and
K. Whereas, Amendments No. 2 through 4 to the Amended and Restated JPA made certain changes to the Amended and Restated JPA; and
L. Whereas, Amendment No. 5 to the Amended and Restated JPA, which was approved by the Governing Board on October 25, 2022 and became effective February 27, 2023, authorized the City of Nevada City and the City of Grass Valley as Voting Members; and
M. Whereas, on January 18, 2024, the Governing Board approved the Second Amended and Restated Joint Powers Agreement to clean-up and streamline the approval process for future amendments to the Agreement; and N. Whereas, the Second Amended and Restated Joint Powers Agreement did not receive a unanimous vote of all of the governing bodies of the Voting Members; O. Whereas, the Board of Directors wish to amend the proposed Second Amended and Restated Joint Powers Agreement approved by the Board of Directors on Item 3E44
January 18, 2024 to incorporated the requested amendments of the Voting Members.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the Members hereto agree to establish a joint powers authority as follows:

Section 1. Authority for this Joint Exercise of Powers Agreement This Agreement is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of power common to the counties and public agencies and other powers specified therein (hereinafter the “Act”). Under Sections 6505 and 6507 of the Act, Pioneer is a public agency separate from its Members. As provided by Section 6508.1 of the Act, and Section 12 hereof the debts, liabilities or obligations of Pioneer shall not be the debts, liabilities or obligations of the individual Members, unless the governing body of a Member agrees in writing to assume any of those debts, liabilities or obligations.

The Members are each empowered by the laws of the State of California to exercise, in their respective jurisdictions, the powers set forth herein, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with properties owners for authorized improvements within their jurisdictions.

Section 2. Purpose of Agreement
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to the Members and other powers granted to Pioneer under the Act, to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, to exercise all other powers necessary and incidental to accomplishing these purposes, and to provide a Community Choice Aggregation (hereinafter “CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2, and as further described in Section 10.

Without limiting the generality of the foregoing, the Members also intend for this Agreement to be used as a mechanism by which Voting Members and non-voting Associate Members may authorize Pioneer to provide Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code (“Chapter 29”). Pioneer may provide PACE Programs pursuant to Chapter 29 within the boundaries of each Voting Member as set forth in Section 10(C) herein, and within the boundaries of each non-voting Associate Member as set forth in Sections 16 herein. The Members intend that other agreements with Associate Members shall define the terms and conditions associated with the implementation of the CCA Program, the PACE Program, and any other energy programs approved by Pioneer within the territorial jurisdiction of such Associate Members.

Section 3. Effective Date and Term
This Agreement shall be effective as a revised second amendment and restatement of the Original Agreement, and Pioneer shall continue to exist as a separate public agency under the terms of this Agreement after approval and signature of the Revised Second Amended and Restated Agreement by all Voting Members. This Agreement shall be in full force and effect Item 3E45
until terminated in the manner herein provided, subject to the rights of the Members to withdraw from Pioneer.

Section 4. Powers
Pioneer shall have all powers common to the Members, and such additional powers accorded to it by law, including the power to develop and implement comprehensive energy and resource development and conservation programs, as described herein. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by Pioneer within the territory of Pioneer shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). As required by Government Code Section 6509, the power of Pioneer is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.

Pioneer is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 5C and Section 8:

A. to make and enter into contracts;
B. to employ agents and employees, including but not limited to an Chief Executive Officer;
C. to acquire, contract, manage, maintain, and operate ally buildings, infrastructure, works, or improvements;
D. to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; E. to lease any property;
F. to sue and be sued in its own name;
G. to incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided under the MarksRoos Local Bond Pooling Act of 1985, as amended, and other provisions of California law that authorize public agencies to issue bonds and incur indebtedness, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et. seq.;
H. to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs and to take advantage of legislative or regulatory changes;
I. to deposit its money pursuant to Section 6505.5 of the Act and to invest its money which is not required for the immediate use of Pioneer, as Pioneer determines is Item 3E46
advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53635 of the California Government Code; J. to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
K. to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
L. to adopt rules, regulations, policies, bylaws and procedures governing the operation of Pioneer (“Operating Rules and Regulations”); M. to establish and operate a CCA program, and make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program, including the acquisition of electric power supply and the provision of retail and regulatory support services; N. to establish and operate one or more PACE programs pursuant to Chapter 29, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of Pioneer;
O. to establish a non-voting “Associate Member” status that provides membership in Pioneer to jurisdictions that are outside jurisdictional boundaries of Pioneer’s Voting Members, but within whose boundaries a PACE, CCA, or other energy program is established and implemented by Pioneer on behalf of the Associate Member. Said jurisdictions shall adopt one or more agreements (a “PACE Agreement”, “CCA Agreement”, or other energy program agreement, as applicable) on terms and conditions established by Pioneer. The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement, CCA Agreement or other energy program agreement for the purposes of implementing the PACE Program, CCA Program or other energy program, respectively, within the jurisdictional boundaries of the Associate Member. Except as expressly provided for by the PACE Agreement, CCA Agreement or other energy program agreement, Associate Members shall not have any rights otherwise granted to Pioneer Members by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement; P. to execute agreements for the purpose of authorizing Pioneer to implement, manage and administer area-wide and regional programs in the interest of providing energy supply, development of energy generation, energy efficiency, resource conservation, local public welfare and other economically related energy programs. The costs incurred by Pioneer in implementing a program, including indirect costs, shall be costs of Pioneer and shall not be assessed to the Members, unless approved by the Governing Body of the Member.

Item 3E47
Section 5. Governance and Internal Organization
A. Governing Board. The governing body of Pioneer shall consist of two (2) members of the Placer County Board of Supervisors, and one (1) member each for all other Voting Members, appointed respectively by each Voting Member that is or becomes a signatory to this Agreement (“Board Member”). The total number of Board Members shall equal the total number of Voting Members listed in Exhibit A plus one (1).

The Boards of Supervisors, City Councils and Town Councils of the Voting Members listed in Exhibit A shall respectively appoint such member(s) set out above and not less than one alternate member per Board Member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors, City Council or Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.

B. Quorum. The majority of the members of the Board shall constitute a quorum.

No action may be taken by the Board unless a quorum is present, except that less than a quorum may adjourn a meeting from time to time.

C. Powers and Function of Board. The Board will exercise governance, policy guidance and oversight over the business and activities of Pioneer, consistent with this Agreement and applicable law. Unless otherwise specified in Section 8, action by Pioneer Board will be taken by majority vote of the Board Members present.

D. Chairperson. The Chairperson and Vice Chairperson of the Board shall be selected by the Board from its members. The term of office of the Chairperson and Vice Chairperson shall each be one calendar year.

E. Secretary. The Board shall appoint a Secretary to the Board who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of Pioneer.

F. Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 of the California Government Code (hereafter, the “Brown Act”). The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.

G. Bylaws. The Board shall adopt bylaws for the conduct of business that shall not be inconsistent with the provisions of this Agreement, and the laws of the State of California.

Item 3E48
H. Board Member Compensation. Board Members shall serve without compensation from Pioneer. However, Board Members may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by Pioneer of expenses incurred by Board Members.

Section 6. Chief Executive Officer and Other Staff
A. Chief Executive Officer. The Board shall appoint a Chief Executive Officer for Pioneer, who shall be responsible for the day-to-clay operation and management of Pioneer. The Chief Executive Officer may exercise all powers of Pioneer, except the powers specifically set forth in Section 4, or those powers that by law must be exercised by the Board. The Chief Executive Officer shall hire and supervise any Pioneer employees or consultants.

B. Chief Executive Officer Reports to the Board. The Chief Executive Officer shall prepare, no later than the 20th day of each first month of each fiscal quarter, a report to the Board on the operations of Pioneer during the preceding fiscal quarter. The Bylaws shall specify the information to be included in the Chief Executive Officer’s reports.

C. Services Providers. The Chief Executive Officer may appoint one or more services providers to serve as Pioneer’s agent(s) for planning, implementing, operating and administering the PACE Program, the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between Pioneer and the appointed administrative services provider or providers (a “Services Agreement”). The appointed services provider may be one of the Voting Members. A Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the PACE Program, the CCA Program and other approved programs. The Services Agreement shall set forth the term of the Agreement and the circumstances under which the Services Agreement may be terminated by Pioneer. This section shall not in any way be construed to limit the discretion of Pioneer to hire its own employees to administer the PACE Program, the CCA Program or any other program.

D. Independent Monitor. The Board may appoint or contract for the services of an independent monitor to review programs operated by Pioneer and to report to the Board.

E. Advisory Commissions, Boards or Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees.

Item 3E49
Section 7. Treasurer and Auditor-Controller
The Governing Board shall appoint a Treasurer for Pioneer. The Treasurer shall be the depository of Pioneer and shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The duties and obligations of the Treasurer are further specified in Section 9.

The Governing Body shall appoint an Auditor-Controller for Pioneer in compliance with the Act.

The Auditor-Controller of Pioneer shall make or contract with a certified public accountant to cause an annual audit in compliance with Section 6506 of the Act. Pioneer of the Board to appoint a Treasurer and Auditor/Controller shall include Pioneer to combine both offices to be held by one officer or employee pursuant to section 6505.6 of the Act.

Section 8. Special Voting Requirements and Voting Shares A. Involuntary Termination. Action of the Board on matters set forth in Section 15A (involuntary termination of a Member) shall require the affirmative vote of at least two-thirds of the Board Members; provided, however, the Member subject to involuntary termination may not vote, and the number of Board Members constituting two-thirds of all Board Members shall be recalculated as if the Voting Member subject to possible termination were not a Voting Member.

B. Amendment. Action of the Board on matters set forth in Section 19 (amendment of this Agreement) shall require an affirmative vote of at least two-thirds of the Board members.

C. Eminent Domain. A decision to exercise the power of eminent domain on behalf of Pioneer to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least two-thirds of all Board Members.

D. Contributions by Members. The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the PACE Program, the CCA Program, or other energy programs shall require a vote of at least two-thirds of all Board Members and the approval of the governing boards of the Members and Associate Members who are being asked to make such contribution or pledge.

Section 9. Financial Provisions
A. Fiscal Year. For the purposes of this Agreement, Pioneer shall have such fiscal year from July 1 to and including the following June 30.

B. Depository. All funds of Pioneer shall be held in separate accounts in the name of Pioneer and not commingled with funds of any Member or any other person or entity. All funds of Pioneer shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of Pioneer shall be open to inspection by the Members at all reasonable times, The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of Pioneer, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

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C. Expenditures. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

D. Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Pioneer Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of Pioneer shall be approved by the Board in accordance with the Operating Rules and Regulations.

E. Funding of Initial Costs. The County of Placer funded certain activities necessary to implement the CCA Program. These costs were repaid in full when the CCAP Program became operational.

F. CCA Program Costs. The Members desire that all costs incurred by Pioneer that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.

Section 10. Implementation Action and Pioneer Documents A. Each Member shall adopt an ordinance or resolution in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Member intends to implement a CCA Program by and through its participation in Pioneer.

B. Each Member that wishes to participate in the CCA Program shall adopt a resolution expressing its desire to become a Member to this Agreement, and its intention to have the territory of the Member’s jurisdiction included in the service territory of the CCA.

C. Each New Voting Member that wishes to participate in the PACE Program shall adopt a resolution authorizing it to become a Voting Member under this Agreement. Execution by such New Voting Member of this Agreement shall constitute consent to Pioneer undertaking contractual assessment proceedings under Chapter 29 for all of the properties in such New Voting Member’s incorporated area and to the contractual assessment financing of certain improvements (as enumerated from time to time in Chapter 29, “Improvements”) by Pioneer, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to Pioneer’s PACE Program, and to the assumption of jurisdiction thereover by Pioneer for the purposes thereof. Execution by such New Voting Member of this Agreement shall also serve to authorize Pioneer to take each step required for it to provide contractual assessment financing for the Improvements, including the levying, collecting and enforcement of contractual assessments to finance the Item 3E51
Improvements and the issuance and enforcement of bonds and other financing instruments to represent and be secured by such contractual assessments. The New Voting Members shall not be required to adopt a PACE Agreement and shall not be subject to the rights and obligations set forth therein, but shall instead, upon becoming Voting Members hereunder, be subject to the rights and obligations expressly set forth herein.

Pioneer may additionally provide PACE Programs pursuant to Chapter 29 within the boundaries of non-voting Associate Members, as described further in Section 16 herein.

D. Implementation Plan and Statement of Intent. Pioneer shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicable California Public Utilities Commission regulations. The Implementation Plan and Statement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in A and B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided by Section 5.

If a City or County adopts an ordinance and resolution pursuant to A and B above, expressing its desire to become a Member to this Agreement subsequent to the filing of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amended Implementation Plan and Statement of Intent to include the territory of the County or City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement of Intent, the Board shall take an action to approve the membership of the County or City. The County or City shall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8.

E. Termination of CCA and PACE Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of Pioneer to terminate the implementation or operation of the CCA or the PACE Program at any time in accordance with any applicable requirements of state law.

F. Pioneer Documents. The Members acknowledge and agree that the affairs of Pioneer will be implemented through various documents duly adopted by the Board through Board resolution. The Members agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Members’ right to withdraw from Pioneer as described in Section 14.

Section 11. Records and Reports
The Board shall establish reporting requirements and direct staff to maintain such reports, including, but not limited to, funds and accounts as may be required by good accounting practice Item 3E52
or by law. All books and records of Pioneer shall be open to inspection at all reasonable times by any Member to this Agreement or its representatives. Annual audits of Pioneer’s accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.

Section 12. Debts, Liabilities and Obligations
Pioneer is a public agency separate from the Members. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of Pioneer shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of Pioneer. A Member who has not agreed to assume a Pioneer debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of Pioneer. Should any debt, liability or obligation of Pioneer not be waived or allowed payable through assets of Pioneer, none of the County or City members shall be liable, except as provided by Government Code sections 895 through 895.8.

Section 13. Insurance and Indemnity
Pioneer shall acquire and maintain such insurance coverage as is necessary to protect the interests of Pioneer, the Members, and the public. The insurance shall also contain a written endorsement to such policy or policies, which names each of the Voting Members as additional insureds. Pioneer shall defend, indemnify, and hold harmless the Members, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of Pioneer under this Agreement.

Section 14. Withdrawal
A. Right to Withdraw by Voting Member. A Voting Member may withdraw its participation in the CCA Program, effective as of the beginning of Pioneer’s fiscal year, by giving no less than 12 months advance written notice of its election to do so, which notice shall be given to Pioneer and each Voting Member. Withdrawal of a Voting Member shall require an affirmative vote of its governing board.

B. Right to Withdraw By Voting Member After Amendment. Notwithstanding Section 14A, a Voting Member may withdraw its membership in Pioneer following an amendment to this Agreement adopted by the Board which the Board Member appointed as the representative of a Voting Member voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Member shall require an affirmative vote of its governing board and shall not be subject to the twelve month advance notice provided in Section 14A. In the event of such withdrawal, the Member shall be subject to the provisions of Section 15B.

C. Continuing Liability; Further Assurances. A Voting Member that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, as described in Section 15B. The withdrawing Voting Member and Pioneer shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to Item 3E53
effectuate the orderly withdrawal of such Voting Member from participation in the CCA Program.

D. Withdrawal of Associate Member. The rights of an Associate Member to withdraw from Pioneer shall be governed by the applicable PACE Agreement or CCC Agreement.

Section 15. Termination
A. Involuntary Termination of a Member. Participation of a Member in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Member’s participation in the CCA Program upon a vote of Board Members as provided in Section 8A. Prior to any vote to terminate participation with respect to a Member, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Member whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item.

The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Member has allegedly violated.

The Member subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Member that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 15B.

B. Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Member, the Member shall remain responsible for any claims, demands, damages, or liabilities arising from the Member’s membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Member shall not be responsible for any liabilities arising after the date of the Member’s withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Member may remain liable include, but are not limited to, losses from the resale of power contracted for by Pioneer to serve the Member’s load. With respect to such liability, upon notice by an Member that it wishes to withdraw from the program, Pioneer shall notify the Member of the minimum waiting period under which the Member would have no costs for withdrawal if the Member agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Member elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Member also shall be responsible for any costs or obligations associated with the Member’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Member. Pioneer may withhold funds otherwise owing to the Member or may require the Member to deposit sufficient funds with Pioneer, as reasonably determined by Pioneer and approved by a vote of the Board, to cover the Member’s liability for the costs described above. Any amount of the Member’s Item 3E54
funds held on deposit with Pioneer above amounts not required to pay any liabilities or obligations shall be returned to the Member. The liability of any Member under this section 15B is subject and subordinate to the provisions of Section 12, and nothing in this section 15B shall reduce, impair, or eliminate any immunity from liability provided by Section 12.

C. Mutual Termination. This Agreement may be terminated by mutual agreement of all the Voting Members; provided, however, the foregoing shall not be construed as limiting the rights of a Voting Member to withdraw its participation in the CCA Program, as described in Section 14A.

D. Disposition of Property upon Termination of Pioneer. Upon termination of this Agreement, any surplus money or assets in possession of Pioneer for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. “Annual Energy Use” means the annual electricity usage, expressed in kilowatt hours (“kWh”) within the Voting Member’s respective jurisdiction, and “Total Annual Energy” means the sum of all the Members Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.

E. Negotiations with Associate Members. If the Voting Members wish to terminate this Agreement, or if the Voting Members elect to withdraw from the CCA Program following an amendment to this Agreement as provided in Section 14B, but two or more Associate Members wish to continue to participate in the CCA Program, the Voting Members will negotiate in good faith with such Associate Members to allow the Associate Members to become the Voting Members to this Agreement or to effect a transfer of CCA Program operations to another entity.

Section 16. Associate Members
A. With the approval of the Board, any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the CCA Program. A public agency requesting such membership may apply by presenting to Pioneer a resolution of the public agency approving of this form of participation.

B. Any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the PACE Program upon (i) such qualified public agency (a) adopting a resolution expressing its desire to become a non-voting Associate Member to this Agreement and authorizing the implementation of a PACE Program within the boundaries of its jurisdiction and (b) executing a PACE Item 3E55
Agreement and (ii) the Board approving the qualified public agency as a nonvoting Associate Member.

C. The date and terms upon which the applying public agency will become a nonvoting Associate Member will be determined by the Board and set forth in a CCA Agreement or PACE Agreement, as applicable.

Section 17. Termination of Powers
Pioneer shall continue to exercise the powers herein conferred upon it until termination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute any property required as a result of the joint exercise of such powers.

Section 18. Disposition of Assets; Property and Money
Upon termination of this Agreement under Section 15, all costs, expenses, and charges legally incurred by Pioneer shall be paid and discharged; and Pioneer shall sell such property as may be necessary and shall distribute to the federal or State government such property and funds as are lawfully required; the balance of such property and any surplus money on hand shall be distributed or returned in proportion to contributions made by the affected Members except to the extent otherwise agreed upon by the affected Members.

Section 19. Amendments
This Agreement may only be amended by a written amendment approved by a vote of Board Members as provided in Section 8. Amendments to Sections 4, 14.A. and B of this Agreement, and the addition of new Voting Members shall also be separately approved by a duly adopted resolution of the governing board of each Member. Pioneer shall provide written notice to all Members of amendments to this Agreement at least forty-five (45) days prior to the date upon which the proposed amendment is being considered by the Board. If the proposed amendment is adopted by the Board, the Authority shall provide prompt written notice to all Members of the effective date of such amendment along with a copy of the amendment.

Section 20. Severability
Should any part, term or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions of provisions shall not be affected thereby.

Section 21. Entire Agreement
This Agreement contains the entire agreement between the Members and supersedes all prior understanding between them with respect to the subject matter of this Agreement. There are no promises, terms, conditions or obligations, oral or written, between or among the Members relating to the subject matter of this Agreement that are not fully expressed in this Agreement.

This Agreement may not be modified, changed, supplemented or terminated, nor may any obligation under this Agreement be waived, except as provided in Section 19.

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Section 22. Counterparts and Effective Date
This Agreement may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed copy of the executed signature page shall be sufficient to cause the terms of this Agreement to become fully operative. The effective date of the Agreement shall be the date that the last Voting Member h executed this Agreement.

WITNESS THE AGREEMENT HEREOF the date set opposite our respective entities:

IN WITNESS WHEREOF, the parties have executed this Revised Second Amended and Restated Joint Powers Agreement.

EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
COUNTY OF EL DORADO, a political
subdivision
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
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EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
COUNTY OF PLACER, a political
subdivision
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
Item 3E58

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF AUBURN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
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EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF COLFAX, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
Item 3E60

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF GRASS VALLEY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
Item 3E61

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF LINCOLN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
Item 3E62

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF NEVADA CITY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
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EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF PLACERVILLE, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
Item 3E64

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF ROCKLIN, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
Item 3E65

EXECUTED ON
By _____________________________
Mayor, Town Council
TOWN OF LOOMIS, a Municipal Corporation
And approved as to form _________________
ATTEST:
______________________________________

SIGNATURES CONTINUED ON NEXT PAGE
Item 3E66
Exhibit A
Voting Members and Associate Members
Section A.1 Voting Members
City of Auburn
City of Colfax
City of Grass Valley
City of Lincoln
City of Nevada City
City of Placerville
City of Rocklin
County of El Dorado
County of Placer
Town of Loomis
Section A.2 Associate Members
City of Folsom
County of Sacramento
Town of Truckee
Item 3E67

REVISED

SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS

AGREEMENT FOR THE SIERRA VALLEYPIONEERPIONEER COMMUNITY

ENERGY AUTHORITY
THISThisThis Revised Second Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement” or “Revised JPA”) amends and restates the Amended and Restated Joint Exercise of Powers Agreement for the SIERRA VALLEY(“Amended and Restated JPA”), with the effective date of February 22, 2017, for PIONEER COMMUNITY ENERGY AUTHORITY, (hereafter “Authority”) originally entered as of September 9, 2015, (the “Original Agreement”) which was by and between the COUNTY OF PLACER, and the CITY OF COLFAX, bothPioneerPioneer”), as amended and executed pursuant to Amendments No. 1 through 5, by and among the Voting Members (including the New Voting Members) and the Associate Members listed in Exhibit A to this Agreement, all public entities of the State of California. By this amendment and restatement it becomes a Joint Exercise of Powers Agreement by and between the COUNTY OF PLACER, the CITY OF COLFAX and the cities of Rocklin, Lincoln and Auburn and the town of Loomis within the County of Placer who become signatories to this Agreement (the “New Voting Members”, and together with the County of Placer and the City of Colfax, the “Voting Members”), as well as those local agencies that become signatories to this Agreement as Associate Members, and relates to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the “Members”).

RECITALS:

A. Whereas, each of the Members has a vested interest in the economic well-being of its respective jurisdiction and the region as a whole as well as energy efficiency and clean energy growth and development;
B. Whereas, the Members desire to enter into this Agreement to provide for local control of energy resources, the adoption of programs to foster economic development, energy efficiency, and resource conservation, and to further define and describe the scope of powers to be exercised by the AuthorityPioneerPioneer; C. Whereas, the Members share various powers under California law, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with property owners to provide financing for the installation of public and private improvements authorized within their jurisdictions;
D. Whereas, the purposes for entering into this restated Agreement include, but are not limited to:
1) Providing electric power and other forms of energy to customers at a competitive cost;
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2) Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources and the overall power supply portfolio.
3) Carrying out programs to reduce energy consumption;
4) Stimulating and sustaining the local economy by developing local jobs in renewable energy; and
5) Reducing greenhouse gas emissions related to the use of electric power and other forms of energy in Placer County and neighboring regions; E. Whereas, it is the intent of this Agreement to promote the development and use of a wide range of energy sources and energy efficiency programs, including but not limited to hydroelectric, biomass, landfill gas, conversion of waste-to-energy, solar, and wind energy production;
F. Whereas, Pacific Gas and Electric and Liberty Energy are the investor owned providers of retail electric service throughout the Voting Member jurisdictions and a Community Choice Aggregator is authorized to aggregate electrical load served by such investor owned providers within its members’ jurisdiction. Each of the Voting Members must adopt an ordinance electing to implement through the AuthorityPioneerPioneer a common Community Choice Aggregation pursuant to California Public Utilities Code Sections 331.1(b) and 366.2(12)(A).¶ G. Whereas, on September 9, 2015 the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code Section 6500, et seq.; and ¶ H. Whereas, the Amended and Restated JPA became effective on February 22, 2017 and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Aggregation Program within the jurisdictions of the Voting Members; and¶
I. Whereas, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy, as it is known today; and ¶
J. Whereas, Amendment No. 1 to the Amended and Restated JPA, which was approved by the Governing Board on December 27, 2020 and became effective March 9, 2021, authorized the County of El Dorado and the City of Placerville to become Voting Members; and ¶
K. Whereas, Amendments No. 2 through 4 to the Amended and Restated JPA made certain changes to the Amended and Restated JPA; and¶
L. Whereas, Amendment No. 5 to the Amended and Restated JPA, which was approved by the Governing Board on October 25, 2022 and became effective Item 3E69
February 27, 2023, authorized the City of Nevada City and the City of Grass Valley as Voting Members; and ¶
M. Whereas, the Voting Members wish to amend and restate theon January 18, 2024, the Governing Board approved the Second Amended and Restated JPAJoint Powers Agreement to clean -up and streamline the Agreementapproval process for future amendments to the Agreement; and¶
N. Whereas, the Second Amended and Restated Joint Powers Agreement did not receive a unanimous vote of all of the governing bodies of the Voting Members; ¶ O. Whereas, the Board of Directors wish to amend the proposed Second Amended and Restated Joint Powers Agreement approved by the Board of Directors on January 18, 2024 to incorporated the requested amendments of the Voting Members.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the Members hereto agree to establish a joint powers authority as follows:

Section 1. Authority for this Joint Exercise of Powers Agreement This Agreement is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of power common to the counties and public agencies and other powers specified therein (hereinafter the “Act”). Under Sections 6505 and 6507 of the Act, the AuthorityPioneerPioneer is a public agency separate from its Members. As provided by Section 6508.1 of the Act, and Section 12 hereof the debts, liabilities or obligations of the AuthorityPioneerPioneer shall not be the debts, liabilities or obligations of the individual Members, unless the governing body of a Member agrees in writing to assume any of those debts, liabilities or obligations.

The Members are each empowered by the laws of the State of California to exercise, in their respective jurisdictions, the powers set forth herein, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with properties owners for authorized improvements within their jurisdictions.

Section 2. Purpose of Agreement
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to the Members and other powers granted to Pioneer under the AuthorityPioneer under the Act, to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, to exercise all other powers necessary and incidental to accomplishing these purposes, and to provide a Community Choice Aggregation (hereinafter “CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2, and as further described in Section 10.

Without limiting the generality of the foregoing, the Members also intend for this Agreement to be used as a mechanism by which Voting Members and non-voting Associate Members may authorize the AuthorityPioneerPioneer to provide Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code (“Chapter 29”). The AuthorityPioneerPioneer may Item 3E70
provide PACE Programs pursuant to Chapter 29 within the boundaries of each Voting Member as set forth in Section 10(C) herein, and within the boundaries of each non-voting Associate Member as set forth in Sections 16 herein. The Members intend that other agreements with Associate Members shall define the terms and conditions associated with the implementation of the CCA Program, the PACE Program, and any other energy programs approved by the AuthorityPioneerPioneer within the territorial jurisdiction of such Associate Members. As of the Effective Date of this Agreement, the Associate Members include the County of Nevada, County of Sacramento, City of Grass Valley, City of Folsom, City of Nevada City and Town of Truckee.

Section 3. Effective Date and Term
This Agreement shall be effective as anaa revised second amendment and restatement of the Original Agreement, and the AuthorityPioneerPioneer shall continue to exist as a separate public agency under the terms of this Agreement upon executionafterafter approval and signature of the Revised Second Amended and Restated Agreement by the County of PlacerNew Members and after the City of ColfaxCalifornia Public Utilities Commission certifies the Implementation Plan filed by Pioneer to include the Newall Voting Members. This Agreement shall be in full force and effect until terminated in the manner herein provided, subject to the rights of the Members to withdraw from the AuthorityPioneerPioneer.

Section 4. Powers
The AuthorityPioneerPioneer shall have all powers common to the Members, and such additional powers accorded to it by law, including the power to develop and implement comprehensive energy and resource development and conservation programs, as described herein. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by the AuthorityPioneerPioneer within the territory of the AuthorityPioneerPioneer shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). As required by Government Code Section 6509, the power of the AuthorityPioneerPioneer is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.

The AuthorityPioneerPioneer is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section SC5C and Section 8:

A. to make and enter into contracts;
B. to employ agents and employees, including but not limited to an Chief Executive DirectorOfficer;
C. to acquire, contract, manage, maintain, and operate ally buildings, infrastructure, works, or improvements;
D. to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; E. to lease any property;
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F. to sue and be sued in its own name;
G. to incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided under the MarksRoos Local Bond Pooling Act of 1985, as amended, and other provisions of California law that authorize public agencies to issue bonds and incur indebtedness, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et. seq.;
H. to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs and to take advantage of legislative or regulatory changes;
I. to deposit its money pursuant to Section 6505.5 of the Act and to invest its money which is not required for the immediate use of the AuthorityPioneer, as the AuthorityPioneerPioneer, as Pioneer determines is advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53635 of the California Government Code;
J. to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
K. to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
L. to adopt rules, regulations, policies, bylaws and procedures governing the operation of the AuthorityPioneerPioneer (“Operating Rules and Regulations”); M. to establish and operate a CCA program, and make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program, including the acquisition of electric power supply and the provision of retail and regulatory support services; N. to establish and operate one or more PACE programs pursuant to Chapter 29, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of the AuthorityPioneerPioneer; O. O to establish a non-voting “Associate Member” status that provides membership in the AuthorityPioneerPioneer to jurisdictions that are outside jurisdictional boundaries of the AuthorityPioneerPioneer’s Voting Members, but within whose boundaries a PACE, CCA, or other energy program is established and implemented by the AuthorityPioneerPioneer on behalf of the Associate Member. Said jurisdictions shall adopt one or more agreements (a “PACE Agreement”, “CCA Agreement”, or other energy program agreement, as applicable) on terms and conditions established by the AuthorityPioneerPioneer.

The rights of Associate Members shall be limited solely to those terms and Item 3E72
conditions expressly set forth in the PACE Agreement, CCA Agreement or other energy program agreement for the purposes of implementing the PACE Program, CCA Program or other energy program, respectively, within the jurisdictional boundaries of the Associate Member. Except as expressly provided for by the PACE Agreement, CCA Agreement or other energy program agreement, Associate Members shall not have any rights otherwise granted to AuthorityPioneerPioneer Members by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement;
P. to execute agreements for the purpose of authorizing the AuthorityPioneerPioneer to implement, manage and administer area-wide and regional programs in the interest of providing energy supply, development of energy generation, energy efficiency, resource conservation, local public welfare and other economically related energy programs. The costs incurred by the AuthorityPioneerPioneer in implementing a program, including indirect costs, shall be costs of the AuthorityPioneerPioneer and shall not be assessed to the Members, unless approved by the Governing Body of the Member.

Section 5. Governance and Internal Organization
A. Governing Board. The governing body of the AuthorityPioneerPioneer shall consist of up to a eleven (11) person Board, consisting of two (2) members of the Placer County Board of Supervisors, and one (1) member each for all other Voting Members, appointed respectively by the El Dorado County Board of Supervisors, the Cities of Auburn, Colfax, Grass Valley, Rocklin, Lincoln, Nevada City, Placerville and the Town of Loomiseacheach Voting Member that is or becomes a signatory to this Agreement (“Board Member”). The total number of Board Members shall equal the total number of Voting Members listed in Exhibit A plus one (1).

The BoardBoardsBoards of Supervisors from Placer County, the Board of Supervisors from El Dorado County, and the City/, City Councils and Town Councils set out aboveofof the Voting Members listed in Exhibit A shall respectively appoint such member(s) set out above and not less than one alternate member per Board Member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors or, City/ Council or Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.

B. Quorum. The majority of the members of the Board shall constitute a quorum.

No action may be taken by the Board unless a quorum is present, except that less than a quorum may adjourn a meeting from time to time.

C. Powers and Function of Board. The Board will exercise governance, policy guidance and oversight over the business and activities of the AuthorityPioneerPioneer, consistent with this Agreement and applicable law.

Item 3E73
Action by the AuthorityUnlessUnless otherwise specified in Section 8, action by Pioneer Board will be taken by majority vote of the Board Members present.

D. Chairperson. The Chairperson and Vice Chairperson of the Board shall be selected by the Board from its members. The term of office of the Chairperson and Vice Chairperson shall each be one calendar year.

E. Secretary. The Board shall appoint a Secretary to the Board who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the AuthorityPioneerPioneer.

F. Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 of the California Government Code (hereafter, the “Brown Act”). The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.

G. Bylaws. The Board shall adopt bylaws for the conduct of business that shall not be inconsistent with the provisions of this Agreement, and the laws of the State of California.

H. Board Member Compensation. Board Members shall serve without compensation from the AuthorityPioneerPioneer. However, Board Members may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by the AuthorityPioneerPioneer of expenses incurred by Board Members.

Section 6. Chief Executive DirectorOfficer and Other Staff A. Chief Executive DirectorOfficer. The Board shall appoint ana Chief Executive DirectorOfficer for the AuthorityPioneerPioneer, who shall be responsible for the day-to-clay operation and management of the AuthorityPioneerPioneer. The Chief Executive DirectorOfficer may exercise all powers of the AuthorityPioneerPioneer, except the powers specifically set forth in Section 4, or those powers that by law must be exercised by the Board. The Chief Executive DirectorOfficer shall hire and supervise any AuthorityPioneerPioneer employees or consultants.

B. Chief Executive DirectorOfficer Reports to the Board. The Chief Executive DirectorOfficer shall prepare, no later than the 20th day of each first month of each fiscal quarter, a report to the Board on the operations of the AuthorityPioneerPioneer during the preceding fiscal quarter. The Bylaws shall specify the information to be included in the Chief Executive DirectorOfficer’s reports.¶¶
Item 3E74

C. Services Providers. The Chief Executive DirectorOfficer may appoint one or more services providers to serve as the AuthorityPioneerPioneer’s agent(s) for planning, implementing, operating and administering the PACE Program, the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between the AuthorityPioneerPioneer and the appointed administrative services provider or providers (a “Services Agreement”). The appointed services provider may be one of the Voting Members. A Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the PACE Program, the CCA Program and other approved programs. The Services Agreement shall set forth the term of the Agreement and the circumstances under which the Services Agreement may be terminated by the AuthorityPioneerPioneer. This section shall not in any way be construed to limit the discretion of the AuthorityPioneerPioneer to hire its own employees to administer the PACE Program, the CCA Program or any other program.

D. Independent Monitor. The Board may appoint or contract for the services of an independent monitor to review programs operated by the AuthorityPioneerPioneer and to report to the Board.

E. Advisory Commissions, Boards or Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees.

Section 7. Treasurer and Auditor-Controller
The Governing Board shall appoint a Treasurer for the AuthorityPioneerPioneer. The Treasurer shall be the depository of the AuthorityPioneerPioneer and shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The duties and obligations of the Treasurer are further specified in Section 9. The Governing Body shall appoint an AuditorController for the AuthorityPioneerPioneer in compliance with the Act. The Auditor-Controller of the AuthorityPioneerPioneer shall make or contract with a certified public accountant to cause an annual audit in compliance with Section 6506 of the Act. The authorityPioneerPioneer of the Board to appoint a Treasurer and Auditor/Controller shall include the authorityPioneerPioneer to combine both offices to be held by one officer or employee pursuant to section 6505.6 of the Act.

Section 8. Special Voting Requirements and Voting Shares A. Involuntary Termination or Amendment. Action of the Board on the matters set forth in Section 14515A (involuntary termination of a Member), or section 18 (amendment of this Agreement) shall require the affirmative vote of at least twothirds of the Board Members; provided, however, the Member subject to Item 3E75
involuntary termination may not vote, and the number of Board Members constituting two-thirds of all Board Members shall be recalculated as if the Voting Member subject to possible termination were not a Voting Member.¶ B. Amendment. Action of the Board on matters set forth in Section 1819 (amendment of this Agreement) shall require thean affirmative vote of at least two-thirds of the Board Members.¶
C. B. Eminent Domain. A decision to exercise the power of eminent domain on behalf of the AuthorityPioneerPioneer to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least two-thirds of all Board Members.

D. C. Contributions by Members. The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the PACE Program, the CCA Program, or other energy programs shall require a vote of at least two-thirds of all Board Members and the approval of the governing boards of the Members and Associate Members who are being asked to make such contribution or pledge.

Section 9. Financial Provisions
A. Fiscal Year. For the purposes of this Agreement, the AuthorityPioneerPioneer shall have such fiscal year from July 1 to and including the following June 30.

B. Depository. All funds of the AuthorityPioneerPioneer shall be held in separate accounts in the name of the AuthorityPioneerPioneer and not commingled with funds of any Member or any other person or entity. All funds of the AuthorityPioneerPioneer shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the AuthorityPioneerPioneer shall be open to inspection by the Members at all reasonable times, The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of the AuthorityPioneerPioneer, which shall be conducted in accordance with the requirements of Section 6505 of the Act.

C. Expenditures. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

D. Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an AuthorityPioneerPioneer Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the AuthorityPioneerPioneer shall be approved by the Board in accordance with the Operating Rules and Regulations.

Item 3E76
E. Funding of Initial Costs. The County of Placer has funded certain activities necessary to implement the CCA Program. If the CCA Program becomes operational, these initial costs paid by the County of Placer shall be included in the customer charges for electric services as provided by Section 14 to the extent permitted by law, and the County of Placer shall be reimbursed from the payment of such charges by customers of the Authority. Prior to such reimbursement, the County of Placer shall provide such documentation of costs paid as the Board may request. In the event that the CCATheseThese costs were repaid in full when the CCAP Program does not becomebecamebecame operational, the County of Placer shall not be entitled to any reimbursement of the initial costs it has paid from the Authority or any Member.

F. CCA Program Costs. The Members desire that all costs incurred by the AuthorityPioneerPioneer that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.

Section 10. Implementation Action and AuthorityPioneerPioneer Documents A. Each Member shall adopt an ordinance or resolution in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Member intends to implement a CCA Program by and through its participation in the AuthorityPioneerPioneer.

B. Each Member that wishes to participate in the CCA Program shall adopt a resolution expressing its desire to become a Member to this Agreement, and its intention to have the territory of the Member’s jurisdiction included in the service territory of the CCA.

C. Each New Voting Member that wishes to participate in the PACE Program shall adopt a resolution authorizing it to become a Voting Member under this Agreement. Execution by such New Voting Member of this Agreement shall constitute consent to AuthorityPioneerPioneer undertaking contractual assessment proceedings under Chapter 29 for all of the properties in such New Voting Member’s incorporated area and to the contractual assessment financing of certain improvements (as enumerated from time to time in Chapter 29, “Improvements”) by AuthorityPioneerPioneer, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to the AuthorityPioneerPioneer’s PACE Program, and to the assumption of jurisdiction thereover by AuthorityPioneerPioneer for the purposes thereof. Execution by such New Voting Member of this Agreement shall also serve to authorize AuthorityPioneerPioneer to take each step required for it to provide contractual assessment financing for the Improvements, including the levying, collecting and enforcement of contractual assessments to finance the Improvements and the issuance and enforcement of bonds and other financing instruments to represent and be secured by such contractual assessments. The Item 3E77
New Voting Members shall not be required to adopt a PACE Agreement and shall not be subject to the rights and obligations set forth therein, but shall instead, upon becoming Voting Members hereunder, be subject to the rights and obligations expressly set forth herein.

The AuthorityPioneerPioneer may additionally provide PACE Programs pursuant to Chapter 29 within the boundaries of non-voting Associate Members, as described further in Section 16 herein.

D. Implementation Plan and Statement of Intent. The AuthorityPioneerPioneer shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicable California Public Utilities Commission regulations. The Implementation Plan and Statement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in A and B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided by Section 5.

If a City or County adopts an ordinance and resolution pursuant to A and B above, expressing its desire to become a Member to this Agreement subsequent to the filing of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amended Implementation Plan and Statement of Intent to include the territory of the County or City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement of Intent, the Board shall take an action to approve the membership of the County or City. The County or City shall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8.

E. Termination of CCA and PACE Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the AuthorityPioneerPioneer to terminate the implementation or operation of the CCA or the PACE Program at any time in accordance with any applicable requirements of state law.

F. AuthorityPioneerPioneer Documents. The Members acknowledge and agree that the affairs of the AuthorityPioneerPioneer will be implemented through various documents duly adopted by the Board through Board resolution. The Members agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Members’ right to withdraw from the AuthorityPioneerPioneer as described in Section 14.

Section 11. Records and Reports
The Board shall establish reporting requirements and direct staff to maintain such reports, including, but not limited to, funds and accounts as may be required by good accounting practice or by law. All books and records of the AuthorityPioneerPioneer shall be open to inspection at Item 3E78
all reasonable times by any Member to this Agreement or its representatives. Annual audits of the AuthorityPioneerPioneer’s accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.

Section 12. Debts, Liabilities and Obligations
The AuthorityPioneerPioneer is a public agency separate from the Members. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of the AuthorityPioneerPioneer shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of the AuthorityPioneerPioneer. A Member who has not agreed to assume an Authorityaa Pioneer debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of the AuthorityPioneerPioneer. Should any debt, liability or obligation of the AuthorityPioneerPioneer not be waived or allowed payable through assets of the AuthorityPioneerPioneer, none of the County or City members shall be liable, except as provided by Government Code sections 895 through 895.8.

Section 13. Insurance and Indemnity
The AuthorityPioneerPioneer shall acquire and maintain such insurance coverage as is necessary to protect the interests of the AuthorityPioneerPioneer, the Members, and the public. The insurance shall also contain a written endorsement to such policy or policies, which names each of the [Voting Members] as additional insureds. The AuthorityPioneerPioneer shall defend, indemnify, and hold harmless the Members, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the AuthorityPioneerPioneer under this Agreement.

Section 14. Withdrawal
A. Right to Withdraw by Voting Member. A Voting Member may withdraw its participation in the CCA Program, effective as of the beginning of the AuthorityPioneerPioneer’s fiscal year, by giving no less than 12 months advance written notice of its election to do so, which notice shall be given to the AuthorityPioneerPioneer and each Voting Member. Withdrawal of a Voting Member shall require an affirmative vote of its governing board.

B. Right to Withdraw By Voting Member After Amendment. Notwithstanding Section 14A, a Voting Member may withdraw its membership in the AuthorityPioneerPioneer following an amendment to this Agreement adopted by the Board which the Board Member appointed as the representative of a Voting Member voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Member shall require an affirmative vote of its governing board and shall not be subject to the twelve month advance notice provided in Section 14A. In the event of such withdrawal, the Member shall be subject to the provisions of Section 15B.

C. Continuing Liability; Further Assurances. A Voting Member that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, Item 3E79
as described in Section 15B. The withdrawing Voting Member and the AuthorityPioneerPioneer shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Voting Member from participation in the CCA Program.

D. Withdrawal of Associate Member. The rights of an Associate Member to withdraw from the AuthorityPioneerPioneer shall be governed by the applicable PACE Agreement or CCC Agreement.

Section 15. Termination
A. Involuntary Termination of a Member. Participation of a Member in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Member’s participation in the CCA Program upon a vote of Board Members as provided in Section 8A. Prior to any vote to terminate participation with respect to a Member, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Member whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item.

The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Member has allegedly violated.

The Member subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Member that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 15B.

B. Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Member, the Member shall remain responsible for any claims, demands, damages, or liabilities arising from the Member’s membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Member shall not be responsible for any liabilities arising after the date of the Member’s withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Member may remain liable include, but are not limited to, losses from the resale of power contracted for by the AuthorityPioneerPioneer to serve the Member’s load. With respect to such liability, upon notice by an Member that it wishes to withdraw from the program, the AuthorityPioneerPioneer shall notify the Member of the minimum waiting period under which the Member would have no costs for withdrawal if the Member agrees to stay in the CCA Program for such period.

The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Member elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Member also shall be responsible for any costs or obligations associated with the Member’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Member. The AuthorityPioneerPioneer Item 3E80
may withhold funds otherwise owing to the Member or may require the Member to deposit sufficient funds with the AuthorityPioneerPioneer, as reasonably determined by the AuthorityPioneerPioneer and approved by a vote of the Board, to cover the Member’s liability for the costs described above. Any amount of the Member’s funds held on deposit with the AuthorityPioneerPioneer above amounts not required to pay any liabilities or obligations shall be returned to the Member.

The liability of any Member under this section 15B is subject and subordinate to the provisions of Section 12, and nothing in this section 15B shall reduce, impair, or eliminate any immunity from liability provided by Section 12.

C. Mutual Termination. This Agreement may be terminated by mutual agreement of all the Voting Members; provided, however, the foregoing shall not be construed as limiting the rights of a AssociateVotingVoting Member to withdraw its participation in the CCA Program, as described in Section 14A.

D. Disposition of Property upon Termination of AuthorityPioneerPioneer. Upon termination of this Agreement, any surplus money or assets in possession of the AuthorityPioneerPioneer for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. “Annual Energy Use” means the annual electricity usage, expressed in kilowatt hours (“kWh”) within the Voting Member’s respective jurisdiction, and “Total Annual Energy” means the sum of all the Members Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.

E. Negotiations with Associate Members. If the Voting Members wish to terminate this Agreement, or if the Voting Members elect to withdraw from the CCA Program following an amendment to this Agreement as provided in Section 14B, but two or more Associate Members wish to continue to participate in the CCA Program, the Voting Members will negotiate in good faith with such Associate Members to allow the Associate Members to become the Voting Members to this Agreement or to effect a transfer of CCA Program operations to another entity.

Section 16. Associate Members
A. With the approval of the Board, any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the CCA Program. A public agency requesting such membership may apply by presenting to the AuthorityPioneerPioneer a resolution of the public agency approving of this form of participation.

B. Any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of Item 3E81
participating in the PACE Program upon (i) such qualified public agency (a) adopting a resolution expressing its desire to become a non-voting Associate Member to this Agreement and authorizing the implementation of a PACE Program within the boundaries of its jurisdiction and (b) executing a PACE Agreement and (ii) the Board approving the qualified public agency as a nonvoting Associate Member.

C. The date and terms upon which the applying public agency will become a nonvoting Associate Member will be determined by the Board and set forth in a CCA Agreement or PACE Agreement, as applicable.

Section 17. Termination of Powers
The AuthorityPioneerPioneer shall continue to exercise the powers herein conferred upon it until termination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute any property required as a result of the joint exercise of such powers.

Section 18. Disposition of Assets; Property and Money
Upon termination of this Agreement under Section 141515, all costs, expenses, and charges legally incurred by the AuthorityPioneerPioneer shall be paid and discharged; and the AuthorityPioneerPioneer shall sell such property as may be necessary and shall distribute to the federal or State government such property and funds as are lawfully required; the balance of such property and any surplus money on hand shall be distributed or returned in proportion to contributions made by the affected Members except to the extent otherwise agreed upon by the affected Members.

Section 19. Amendments
This Agreement may notonlyonly be amended except by a written amendment approved by a vote of Board membersMembersMembers as provided in Section 8. The AuthorityAmendments to Section 4Amendments to Sections 4, 14.A. and B of this Agreement, and the addition of new Voting Members shall also be separately approved by a duly adopted resolution of the governing board of each Member. Pioneer shall provide written notice to all Members of amendments to this Agreement, including the effective date of such amendments, at least 30forty-five (45) days prior to the date upon which the proposed amendment is being considered by the Board votes on such amendments. Any. If the proposed amendment required to add a new Voting Member shall only be executed by the Voting Members. Any amendment required to add a new Associate Member shall only be executedisis adopted by the new Associate Member andBoardBoard, the Authority shall provide prompt written notice to all Members of the effective date of such amendment along with a copy of the amendment.

Section 20. Severability
Should any part, term or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions of provisions shall not be affected thereby.

Item 3E82
Section 21. Entire Agreement
This Agreement contains the entire agreement between the Members and supersedes all prior understanding between them with respect to the subject matter of this Agreement. There are no promises, terms, conditions or obligations, oral or written, between or among the Members relating to the subject matter of this Agreement that are not fully expressed in this Agreement.

This Agreement may not be modified, changed, supplemented or terminated, nor may any obligation under this Agreement be waived, except as provided in Section 19.

Section 22. Counterparts and Effective Date
This Agreement may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed copy of the executed signature page shall be sufficient to cause the terms of this Agreement to become fully operative. The effective date of the Agreement shall be the date that the second member has last Voting Member h executed thethis Agreement,.¶
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WITNESS THE AGREEMENT HEREOF the date set opposite our respective entities:¶¶ ¶¶
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IN WITNESS WHEREOF, the parties have executed this Amendment NoRevised Second Amended and Restated Joint Powers Agreement. 3.¶¶
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EXECUTED ON
By _____________________________
COUNTY OF EL DORADO, a political
subdivision
And approved as to form _________________
ATTEST:

Item 3E83
Chairman, Board of Supervisors
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SIGNATURES CONTINUED ON NEXT PAGE¶
Item 3E84
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EXECUTED ON
By _____________________________
Chairman, Board of Supervisors
COUNTY OF PLACER, a political
subdivision
And approved as to form _________________
ATTEST:
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SIGNATURES CONTINUED ON NEXT PAGE¶
Item 3E85

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF AUBURN, a Municipal Corporation
And approved as to form _________________
ATTEST:
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SIGNATURES CONTINUED ON NEXT PAGE
Item 3E86
13065-0001\2976967v1.doc

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF COLFAX, a Municipal Corporation
And approved as to form _________________
ATTEST:
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CITY OF ROCKLIN, a Municipal Corporation¶¶
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EXECUTED ON ¶¶
By: ¶¶
Mayor, ¶
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Item 3E87
13065-0001\2976967v1.doc
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EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF GRASS VALLEY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
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Item 3E88
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EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF LINCOLN, a Municipal Corporation
And approved as to form _________________
ATTEST:
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Item 3E89
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EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF NEVADA CITY, a Municipal
Corporation
And approved as to form _________________
ATTEST:
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Item 3E90
13065-0001\2976967v1.doc

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF PLACERVILLE, a Municipal
Corporation
And approved as to form _________________
ATTEST:
______________________________________
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SIGNATURES CONTINUED ON NEXT PAGE¶¶
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Item 3E91
13065-0001\2976967v1.doc

EXECUTED ON
By _____________________________
Mayor, City Council
CITY OF ROCKLIN, a Municipal Corporation
And approved as to form _________________
ATTEST:
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Item 3E92
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EXECUTED ON
By _____________________________
Mayor, Town Council
TOWN OF LOOMIS, a Municipal Corporation
And approved as to form _________________
ATTEST:
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Item 3E93
13065-0001\2976967v1.doc
Exhibit A¶
Voting Members and Associate Members¶¶
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Section A.1 Voting Members ¶
City Councilofof Auburn¶¶
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And approved as to form:¶¶
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City Attorneyofof Colfax¶¶
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ATTEST:¶¶
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City Clerkofof Grass Valley ¶¶
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TOWN OF LOOMIS, a Municipal Corporation¶¶
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EXECUTED ON ¶¶
By: ¶¶
Mayor, ¶
City of Lincoln¶¶
City of Nevada City
City of Nevada City¶¶
City of Placerville¶
City of Rocklin¶
County of El Dorado¶
County of Placer¶
Town of Loomis¶¶
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And approved as to form:¶¶
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Town Attorney¶¶
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ATTEST:¶¶
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Town Clerk¶¶
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Item 3E95
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CITY OF LINCOLN, a Municipal Corporation¶¶
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EXECUTED ON ¶¶
By: ¶¶
Peter Gilbert, Mayor¶¶
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And approved as to form:¶¶
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Mona Ebrahirni, ¶
Section A.2 Associate Members¶
City Attorneyofof Folsom¶¶
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ATTEST:¶¶
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Gwen Scanlon, City Clerk¶¶
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County of Sacramento¶
Town of Truckee¶¶
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Item 3E 100

Staff Report – Item 4
To: The Governing Board
From: Patrick Enright, General Counsel
Don Eckert, Executive Director
Item 4: Adopt Resolution of the Governing Board of Pioneer Community Energy Approving the Revised Second Amended and Restated Joint Powers Agreement for Pioneer Community Energy
Date: 6/20/2024

RECOMMENDATION
Adopt a Resolution of the Governing Board of Pioneer Community Energy Approving the Revised Second Amended and Restated Joint Powers Agreement (hereinafter “Revised JPA”) for Pioneer Community Energy with any changes requested by the Governing Body.

BACKGROUND
In 2015, the Placer County and the City of Colfax entered into a Joint Powers Agreement (JPA) for the purpose of establishing the Sierra Valley Energy Authority to operate a PACE program. In 2017, the JPA was amended and restated to rename the agency Pioneer Community Energy, create a community choice aggregation program and add the cities of Auburn, Lincoln, Rocklin, and the Town of Loomis as member agencies. Since then, that First Amended and Restated JPA has been amended five times to make minor text changes and add new members.

On November 16, 2023, the Governing Board considered the Second Amended and Restated JPA and authorized staff to give thirty (30) days-notice to each member agency and proceed with the formal amendment process. Since the thirty (30) days has been provide and the Revised JPA is a continuation of the process to amend the JPA per comments from Board Agencies, there is no requirement to provide an additional thirty (30) days prior to the Governing Board approving the Revised JPA.

At the January 18, 2024 meeting, the Board of Directors approved the Second Amended and Restated Joint Powers Agreement (hereinafter “Second JPA”). Any amendment to the JPA requires a vote of all Board Members. Pioneer forwarded the Revised JPA to each of the Members. All of the Board Members have adopted Resolutions to approve the Revised JPA except for the Town of Loomis (“Loomis”) and the City of Rocklin (“Rocklin”).

The proposed Second JPA made the following revisions and changes to the JPA:  Name. Change name of agency to Pioneer Community Energy throughout (this was legally effectuated by a resolution adopted in 2017 but references to Sierra Valley Energy Authority remained in the First Amended and Restated); likewise changed references to “the Authority” to “Pioneer” for ease of reading.  Recitals. Update recitals to reflect history of Pioneer and subsequent amendments.  Effective date. Revise effective date to reflect Second Amended and Restated.  Exhibit A for List of Members. Remove references to specific member agencies in Sections 2 and 5 and of the JPA, moving the list of the members to a new Exhibit A for easier reference and updating.

Item 3E 101
Agenda Item: 4 Agenda Date: 6/20/2024

 Special Voting Requirements. Revise Section 8 to separate the discussion of involuntary termination of a member from the discussion of general amendments to the JPA. We moved but did not change the requirement that amendments of the JPA require a 2/3 vote of the Governing Board.  Amendments. Revise Section 19, Amendments, to specify that only amendments to Section 4, Powers, and the addition of new member agencies requires approval by separate resolutions of each of the member agencies and to make other changes to streamline the amendment process.  Satisfied/completed obligations. Revise sections that have now been completed to indicate they are satisfied (for example, Section 9E, which describes the provision of startup funding by Placer County).  Clean-up. Fix incorrect cross references, revise confusing references and typos.

The bulk of the changes proposed were clarifying or clerical in nature. The primary substantive proposed change to the Second JPA was to Section 19. Currently, notice of a proposed amendment must be sent to each member agency 30 days in advance of the Board considering the amendment. A two-thirds majority of the Board is required to approve an amendment. Further, the amendment must be approved by separate resolution of each of the member agencies, and finally, notice must be provided to members after the amendment is final.

The Second JPA approved by the Board of Directors on January 18, 2024, simplified the amendment process that do not directly impact the member agencies or change the nature of Pioneer or its powers. The Second JPA provided a simplified process for amendments except for amendments to Section 4 (Powers) and amendments to add a new party to the JPA. For all amendments, except for section 14 and to add a new member, the Second JPA may be amended by a 2/3 vote of the Board of Directors. There is no longer a requirement for each member agency to approve by resolution the amendments to the JPA. For those amendments to section 4 and to add a new member, there was still the requirement for a separate resolution of each member agency to amend the JPA.

All other amendments could be approved by the Board with a two-thirds vote, with notice provided to the member agencies 30 days prior and after the action. Individual member agency approval by resolution would not be required. This is intended to allow amendments that are more internal in nature (affecting board membership, basic governance, etc.) to proceed with solely a Board vote. That said, member agencies would be given thirty (30) days written notice and an opportunity to object to any proposed amendment.

Status of Approval of Second Amended and Restated Joint Powers Agreement All Members Agencies approved the Second JPA except for Loomis and Rocklin. Loomis and Rocklin have different concerns, but the concerns revolved around the amendment to section 19 of the Second JPA that eliminated the requirement for most amendments to the JPA to be approved by resolution of each of the Member Agencies.

To address these concerns, Loomis proposed three options that greatly expand the amendments that need approval by resolution of all of the Board Agencies or do increase the time for Member Agencies to have to consider any amendments before the Pioneer Board of Directors approve any amendments, Staff after meeting with Loomis representatives is recommending that prior to the Board approving any amendment that each Member Agencies receive at forty-five (45) days written note, which is an increase from thirty (30) days. Loomis had request sixty (60) days, but is agreeable to forty-five (45) days. This also addresses Loomis’ concern that their Council only meets once a month and give the Town Council an opportunity to comment before any proposed amendment. Please attached a copy of the options that Loomis proposed for modifying the Second JPA.

Item 3E 102
Agenda Item: 4 Agenda Date: 6/20/2024

Rocklin is requesting that Section 19 be amended to include section 14.A and B concerning the withdrawal of members from the JPA. Therefore, any amendment to section 14.A and B will require a resolution of approval from each of the Member Agencies.

ANALYSIS & DISCUSSION
Staff had discussions with representatives from Loomis and Rocklin and proposes the following modifications to the Second Amended and Restated Joint Powers Agreement as originally adopted by the Board of Directors in January.  Amendments. Revise Section 19, Amendments, to specify that besides amendments to Section 4, Powers, and the addition of new member agencies, that a unanimous vote of all of the members agencies is required to amend section 14.A and B of the JPA addressing withdrawals from the JPA. Any changes to Sections 4, 14.A and B and adding a new member will require approval by separate resolutions of each of the member agencies and to make other changes to streamline the amendment process.  Expand Notice Requirement. Revise section 19 to require at least 45 days’ notice to all Members of any proposed amendments to the JPA. This is an increase from thirty (30) days’ notice, and reflect that the Town of Loomis has only one regular meeting per month to consider any proposed amendments.  Change Title of Executive Director to Chief Executive Officer. Per the Employment Agreement recently entered into with Executive Director changing his title to Chief Executive Officer this change will ratify the change in title for the Executive Director.

There are no other changes from the 2nd JPA adopted by the Board of Directors on January 18, 2024. if the Board of Directors approve the Revised JPA, the Revised JPA must be approved by separate resolution of each of the member agencies, and finally, notice must be provided to members after the amendment is final.

STRATEGIC PLAN
The report supports the Strategic Priority: Operational Excellence.

FISCAL IMPACT
The Revised Second Amended and Restated JPA will not have any direct fiscal impact beyond the time of staff and General Counsel to process the amendment.

ATTACHMENTS

1. Resolution Approving Revised Second Amended and Restated JPA

2. Second Amended and Restated JPA approved by the Board on January 19, 2024

3. Redline version between the Second Amended and Restated JPA and the Revised Second Amended and Restated JPA.

4. Options of Town of Loomis
Item 3E 103
1 Short-Term Rental Ordinance
City of Colfax
Staff Report August 28, 2024
Staff Report to City Council
FOR THE AUGUST 28, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Kathy Pease, AICP, Planning Consultant
Subject: Short-Term Rental Ordinance and adoption of a Short-Term Rental Fee.

Budget Impact Overview:

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

Summary/Background
This is a proposal to consider adoption of a Short-Term Rental Ordinance, which would allow any single-family dwelling or accessory dwelling unit located in a residential or commercial zone to be rented in whole or in part on a short-term basis. A short-term basis is defined as thirty (30) calendar days or less to the same person or the same group of persons.

The City Council considered this item at the May 22nd, and July 24th meetings and provided direction to bring the ordinance back for additional consideration. The City Council expressed concern regarding the requirement to provide detailed booking information and expressed concern regarding the cost of the Short-Term Rental permit (Currently between $500-$1,500 for an Administrative Permit), and therefore, Council directed staff to bring back the item for further consideration.

Discussion
The proposed Ordinance would amend Chapter 17 of the Colfax Municipal Code, by adding Chapter 17.123, to authorize and regulate Short-Term Rentals within the City. The ordinance would add new definitions, provide clarification on expectations and address permit requirements and conditions of operation.

In response to Council direction Staff amended the Draft Ordinance to eliminate specific information required at the time of booking (such as home address, vehicle license plate number etc.,) and changed the wording to not be as specific by requiring booking information to be provided upon request by the city. This change is considered substantial, so Staff is bringing the item back for full consideration.

The following amendment is proposed to reduce the information required at the time of booking:

17.123.070 Registry Required.

A. Every permittee within the City of Colfax shall keep (or retain?) for a period of eighteen (18) months a register containing the keep a register containing the booking information for RECOMMENDED ACTION: Introduce the proposed ordinance by title only, conduct a public hearing on the proposed ordinance and the proposed permit fees, waive the first reading and schedule the proposed ordinance for second reading and adoption at the next regular City Council meeting currently scheduled for September 11, 2024, to be effective 30 days after adoption.

Item 6A 104
2 Short-Term Rental Ordinance
City of Colfax
Staff Report August 28, 2024
following information or each group that stays at the short-term rental and make the register available to the City of Colfax upon request.

1. Name

2. Address;

3. Vehicle year, make, model, color;

4. License plate number;

5. State in which the vehicle is registered;

6. Date of arrival;

7. Date of departure;

8. Number of guests;

9. The amount of rent paid by lodgers for each night of lodging.

Short-Term Rental Regulations
Proposed limits on the number of Short-Term Rentals are not proposed at this time because while the city has received interest from potential permittees, it is not expected that there will be a large number proposed such as in tourist locations like Lake Tahoe. The City Council asked that staff bring the ordinance back in the future, to the City Council once the number of rentals approaches twenty (20) within the boundaries of the city to determine whether limits should be considered. Staff will monitor the number of rentals requested and will bring the ordinance back for consideration when permits approach 20 for the Council to consider limiting the number at that time.

Short-Term Rental Permit Fee
A Short-Term Rental Permit would be an administrative permit, approved at the staff level.

Currently Administrative Permits as shown in Attachment 4, Planning Deposit Fee Schedule, require a deposit of $500 to $1,500 depending on the complexity of the project.

As required by law, prior to the implementation of a new or increased fee, the City Council must hold a public hearing.

Staff has determined that the cost to review the permit, and administrative time to send out notices to surrounding properties and provide follow-up, would require approximately two (2) hours of staff time. Therefore, it is proposed that the Short-Term Rental Fee deposit be set at $350 and a yearly fee of $85 to monitor the permit. It is important that the city recoup costs associated with the permit, but at the same time support the businesses by establishing a reasonable fee.

A resolution adopting the proposed short-term rental fees will be presented at the September 11, 2024, meeting.

General Plan Consistency Findings:

The proposed Ordinance amending the Municipal Code is consistent with the General Plan because the proposed Ordinance will enhance existing permit procedures and operational standards for the use of residential structures as transient occupancies, thereby ensuring the Item 6A 105
3 Short-Term Rental Ordinance
City of Colfax
Staff Report August 28, 2024
health and safety of occupants, guests and surrounding residential neighborhoods and minimizing negative effects associated with such uses.

The proposed Ordinance amending the Municipal Code would not be detrimental to the public interest, health, safety, convenience or welfare of the County because the proposed regulations enhance existing permit procedures and operational standards for the use of residential as transient occupancies, thereby ensuring the health and safety of occupants, guests and surrounding residential neighborhoods and minimizing negative effects associated with such uses;
The proposed Ordinance amending the Municipal Code is internally consistent with other applicable provisions of the Municipal Code. The proposed Ordinance adds new definitions, regulations, establishes permit requirements and expands tourist opportunities within the city.

Fiscal
Staff time for preparation of the Short-Term rental ordinance has been paid for by the City’s General Fund. It is estimated that over 40-hours in staff time have been utilized researching other cities ordinances, drafting the ordinance, preparing staff reports, hearing notices, and answering calls from the public, as well as attendance at multiple hearings. Unfortunately, this cannot be recouped by fees at this time.

In the future, once adopted, Short-Term Rental applicants would pay a permit fee to cover staff costs associated with processing the permits. The City Council expressed concern that the existing Administrative Permit fee was too high. If the Short Term Rental Ordinance is approved by the City Council, staff would bring an item forward for consideration to amend the fee schedule.

In addition, Short-Term Rentals would be subject to the City’s Transient Occupancy Tax. The revenue generated by this tax is dedicated to funding general city services.

Environmental Review
The proposed Ordinance qualifies under the “common sense” CEQA exemption pursuant to CEQA Guidelines Section 15060(c)(2) and 15061(b)(3), which provides that, where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment, the project is not subject to CEQA. CEQA only applies to projects that have the potential for causing a significant effect on the environment – either through direct impact or reasonably foreseeable indirect impact. The proposed Ordinance does not have that possibility.

Direct impact of the proposed Ordinance on the environment will be minor. It is not expected to prompt any new development or direct physical effects. Instead, the expected result of the proposed Ordinance is to establish regulations governing the use of Short-Term Rentals within the City to reduce the potential for impacts. Accordingly, the City believes the “common sense” exemption is most appropriate for this project.

Attachments

1. Short-Term Rental Ordinance Cover

2. Short-Term Rental Ordinance

3. Short-Term Rental Regulations.

Item 6A 106

CITY OF COLFAX
ORDINANCE NO. 557

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL
CODE TITLE 17 BY ADDING CHAPTER 17.123 AUTHORIZING AND
REGULATING SHORT TERM RENTALS.

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

Section 1:

Title 17 of the Colfax Municipal Code is hereby amended by adding Chapter 17.123 as set forth in Exhibit A attached hereto and by this reference incorporated herein.

Section 2. Superceding Provisions
The provisions of this ordinance and any resolution adopted pursuant hereto shall supersede 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 any court of competent jurisdiction, the invalid or unconstitutional 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 (hereinafter 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 of attorney general opinion construing the same. Accordingly, the City of Colfax finds that the provisions of CEQA and the CEQA Guidelines are not applicable to said action.

FINDING OF EXEMPTION
In the event that it is found that the said action constitutes a "Project" as defined by or used in CEQA or the CEQA Guidelines, which finding would be contrary to the City’s opinion of its action, the City of Colfax hereby finds that said action is exempt from compliance with CEQA and the CEQA Guidelines, for the following reasons: The action falls within the “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.

Item 6A 107
This ordinance 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 on the 28th day of August, 2024 and passed and adopted at a duly held regular meeting of the City Council on the ___ day of __________ 2024, by the following vote:

AYES:

NOES:

ABSTAIN:
______________________________
Kim Douglass
Mayor
ATTEST:
_____________________________
Amanda Ahre
ABSENT:

APPROVED AS TO FORM:
_______________________________
Conor Harkins
City Attorney City Clerk
Item 6A 108

EXHIBIT A

CITY OF COLFAX
ORDINANCE NO. 557

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL CODE TITLE 17 BY ADDING CHAPTER 17.123 AUTHORIZING AND REGULATING SHORT TERM RENTALS.

THE CITY COUNCIL OF THE CITY OF COLFAX DOES ORDAIN AS FOLLOWS:

Title 17 of the Colfax Municipal Code is hereby amended by adding Chapter 17.123, “Short Term Rentals” to read as follows:

17.123.010 Purpose and Intent
It is the purpose of this chapter to provide rules governing the issuance of permits and establishment of operational requirements and restrictions for short-term rentals of dwellings within the City of Colfax. The intent of this chapter is to ensure that the operation of these short-term rentals is consistent with applicable local, State and Federal laws, statutes, rules, and regulations.

17.123.020 Permit Required
It is unlawful for any person to advertise, maintain, authorize the use or occupancy of, or operate a short-term rental of a dwelling in the City of Colfax without first obtaining a valid permit as required by this chapter. A short-term rental permit may not be issued for both a single-family dwelling and an accessory dwelling unit on the same parcel.

17.123.030 Term and Scope of Permit
A short-term rental permit issued under this chapter shall expire twelve (12) months from the date of issuance, unless revoked, suspended or surrendered earlier.

The permit authorizes the permittee to conduct only such activities and services as described in the permit and in accordance with the terms and conditions of the permit and the requirements and limitations in this Chapter. It is unlawful for a permittee or other responsible person to violate the terms and conditions of the short-term rental permit.

17.123.040 Definitions Used In this Chapter
For purposes of this chapter, the following definitions apply:

A. “Accessory Dwelling” unit has the same meaning as defined in California Government Code Section 65852.2.

Item 6A 109

B. “Advertise” or “Advertisement” means any method used to solicit interest in a short-term rental including but not limited to, internet-based listing or hosting services.

C. “Lodger” means a person to whom a person is providing lodging for compensation.

D. “Owner-occupied Short-Term Rental” is where the owner or tenant is permanently residing within the Short-term rental.

E. “Parcel” means property assigned a separate parcel number by the Placer County Assessor.

F. “Permittee” means the property owner to whom a short-term rental permit is issued.

G. “Person” means any individual, partnership, co-partnership, firm association, joint stock company, corporation, limited liability company or combination of the above in whatever form or character.

H. “Property Owner” means the owner of fee title to the property on which the short-term rental exists, or their agent authorized to rent the short-term rental.

I. “Single Family Dwelling” means a building or portion thereof, except a tent or trailer, designed or intended to be used for residence purposes by one family. Mobile homes which are not placed on a permanent foundation will be treated as a trailer for the purposes of this definition.

J. “Short-term Rental” means any single-family dwelling or accessory dwelling unit located in a residential or commercial zone that is rented in whole or in part on a short-term basis. A short-term basis is thirty (30) calendar days or less to the same person or the same group of persons.

17.123.050 Application and Renewal of Short-term Rental Permits A. A property owner may apply for a short-term rental permit by filing an application with the Planning Director and/or designee. The application must be on a form approved by the Planning Director and/or designee and may require any information or documentation consistent with the provisions of this chapter. The permit application shall be on a form furnished by the city and signed by the applicant. Such application shall include, but not be limited to, the following information:

1. Name, address, and telephone number of the applicant;

2. Name, address, and 24-hour telephone numbers(s) of applicant and secondary point of contact, if the applicant is not located onsite;

3. Floor plan, parking location(s), a copy of the business license, and proof of insurance;

4. Any supplemental information which the Planning Director or designee finds reasonably necessary to determine whether to approve a shortterm rental permit.

B. To renew a short-term rental permit, the permittee shall file an application with the Planning Director or designee that complies with Section A above. The Item 6A 110

application must be submitted no later than thirty (30) calendar days prior to the short-term rental permit expiration date.

C. Knowingly making a false statement of fact or knowingly omitting any information that is required in an application for a short-term rental permit shall be grounds for denial of a permit.

17.123.060. Permit Fee
Every permit application shall be accompanied by a nonrefundable short-term rental permit application fee as established by resolution of the City council, as may be amended from time to time. This application fee shall be in addition to the City’s business license tax, transient occupancy tax, and any other license, permit fee, or penalty fee imposed by local, State or Federal laws, statutes, rules, or regulations.

17.123.070 Registry Required.

A. Every permittee within the City of Colfax shall retain for a period of eighteen (18) months a register containing the booking information for each group that stays at the short-term rental and make the register available to the City of Colfax upon request.

17.123.080 Suspending, revoking, or conditioning a short-term rental permit.

A. The Planning Director or designee may suspend, revoke, or condition any shortterm rental permit if the permittee has violated any provision of this chapter or if it is determined that it is necessary to preserve the health, safety and welfare of lodgers and citizens of Colfax.

B. Additionally, upon issuance of any permit, the Planning Director or designee may limit the permit by any condition reasonably necessary to preserve the health, safety and welfare of lodgers and the citizens of Colfax and fulfill the purpose of this chapter.

C. The conditions that the city may impose on the short-term rental permit include, but are not limited to:

1. Requiring the permittee to remain at the short-term rental during certain hours while guests are present;

2. Reducing the number of guests that are allowed to lodge at the short-term rental;

3. Reducing the number of days in a year that the permittee is allowed to provide short-term lodging;

4. Reducing the number of vehicles that may park on the property.

17.123.100 Grounds for Denying a Short-term Rental Permit The Planning Director may deny an application for a short-term rental permit for any of the following reasons;
A. The application is incomplete;
Item 6A 111

B. The application contains a false or misleading statement or omission of a material fact;
C. The Short-term rental or permittee is currently in violation of, or under investigation for violation of any local, State or Federal laws, statutes, rules or regulations;
D. The property owner or occupants of the short-term rental is delinquent on any payment to the city of any fees, penalties, taxes, or any other monies related to the short-term rental property including, but not limited to, transient occupancy taxes;
E. If a short-term rental permit for the dwelling was ever revoked or suspended; F. The operation of a short-term rental is a threat to the public health, safety, or welfare; or
G. Any required application fee or renewal fee has not been paid.

17.123.110 Appeal of Action on Permit
A. Any permittee may appeal the Planning Director’s decision to deny, suspend, revoke, or condition a short-term rental permit by submitting a written notice of appeal to the Planning Director within fourteen (14) calendar days from the date of service of the notice of decision.

D. The appeal hearing shall be conducted by the City Council or the City Council’s designee pursuant to Colfax Municipal Code Chapter 17.56 “Revocation Procedure.

B. Upon receipt of any appeal filed pursuant to this section, the Planning Director or designee shall schedule the appeal hearing within forty-five (45) calendar days, or as soon thereafter as is practicable.

C. The City shall provide a notice of the appeal hearing to the appellant. The notice shall be in writing and contain the date, time and location of the appeal hearing.

The notice shall be provided to the appellant at the address shown on the appeal at least fifteen (15) calendar days prior to the date of the hearing.

D. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing.

E. If such an appeal is not received within fourteen (14) calendar days, the decision of the Planning Director shall be final.

17.123.130 Violations
A. It is unlawful for any person to operate a short-term rental without complying with the provisions of this chapter. Violation of any provision of this chapter may, at the discretion of the Planning Director, be charged as an administrative citation under Chapter 1.25 of this Code, or as a misdemeanor or infraction under Chapter 1.24 of this Code. Each day a violation is committed or permitted to continue shall constitute a separate offense. In the case of administrative citations, administrative fines shall be assessed in the amounts provided under Section 1.25.030 B 2 of this Code for commercial, industrial and other properties.

Item 6A 112

B. Violations of this chapter are hereby declared to be a public nuisance.

Additionally, a public nuisance may be deemed to exist if operation of the shortterm rental results in:

1. More than one response to the parcel, property and/or short-term rental, from law enforcement officers during the term of the permit;

2. Disruption to the free passage of persons or vehicles in the immediate neighborhood;

3. All short-term rental guests are required to comply with the noise standards of the City of Colfax General Plan and the community noise equivalent levels (CNEL) standards (Table 4-3 Noise Compatibility Standards of the General Plan).

4. Any other impacts on the neighborhood or public generally which are disruptive of normal activity in the area.

C. The remedies and penalties provided herein are cumulative and nonexclusive.

The use of one does not prevent the use of other criminal, civil, or administrative remedy or penalty authorized by, or set forth in, the Colfax Municipal Code.

None of the penalties or remedies authorized by, or set forth in, the Colfax Municipal Code shall prevent the city from using any other penalty or remedy under State statute which may be available to enforce this chapter or to abate a public nuisance.

17.123.140. Adoption of Rules and Regulations.

The City Manager or designee may develop operational rules, regulations requirements, or performance standards to implement the provisions and intent of this Chapter. All such operational rules, regulations, requirements, or performance standards shall be placed on a public meeting agenda for review and approval by resolution of the city council prior to being implemented.

Item 6A 113
Short-term Rental Performance Standards
A short-term rental shall be subject to the following conditions and criteria:

A. Maximum number of occupants. The maximum number of overnight guests for a short- term rental shall not exceed two (2) persons per bedroom, excluding children under the age of 12. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 p.m.

B. No permittee may rent both a single-family dwelling unit and an accessory dwelling unit on the same parcels. It is the intent of this section that only one dwelling be rented on a short-term basis per parcel at the same time.

C. All eligible short-term rentals shall be located on a parcel developed with a singlefamily dwelling.

D. The short-term rental must be in a legally constructed single-family dwelling on a permanent foundation. Permanent foundations must be constructed of durable materials; i.e. concrete, mortared masonry, or treated wood - and be site-built. It shall have attachment points to anchor and stabilize the manufactured home to transfer all loads, herein defined, to the underlying soil or rock. The permanent foundations shall be structurally designed by a licensed professional engineer.

E. Notice: Prior to issuance of a short-term rental permit, the permittee shall notify all owners of property, as shown on the most recent secured Placer County Assessor’s roll, within three hundred (300) feet of the permitted short-term rental involved in the application. The notice shall be in writing and contain the location of the short-term rental and the contact information for the permittee and the permittee’s designated secondary contact.

F. Responsible Contact: The permittee or designated secondary contact must be able to be onsite and respond to any complaints within thirty (30) minutes of notification, regardless of time of day.

G. Complaints: The owner shall upon notification that any occupant or guest of the short term rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short term rental, promptly respond in a timely manner to immediately halt or prevent a recurrence of such conduct by the responsible person, occupants, or guests. Failure of the owner to respond to calls or complaints regarding the condition, operation, or conduct of occupants or guests of the short-term rental within a timely manner shall be subject to all administrative, legal and equitable remedies available to the city.

H. A permittee shall post a copy of the short-term rental permit in a conspicuous place in each room in which a lodger is expected to sleep.

I. All persons operating a short-term rental shall identify the City short-term rental permit number in any advertisement for that rental.

J. Commercial Events Prohibited: Auctions, commercial functions, or similar events are prohibited in any short-term rental.

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K. No permittee shall allow any conferences, weddings, fundraisers, or similar gatherings at the short-term rental. Additionally, no permittee shall allow any special event that would otherwise require a city permit.

L. The Applicant shall maintain a valid city of Colfax Business license.

M. All short-term rentals shall comply with any and all applicable Federal, State, and/or local laws, including without limitation all zoning requirements and the California building Standards Code and Fire Code, as adopted by the City of Colfax and as amended or replaced from time to time.

N. Noise: No outdoor amplified music is allowed.

O. Quiet hours of 10:00 p.m. to 7:00 a.m. must be maintained.

P. Each short-term rental shall be used and maintained in a manner that is consistent with the character of the neighborhood in which it is located.

Q. Inspections. The City of Colfax reserves the right to inspect the short-term rental to ensure compliance with the Short-Term Rental Ordinance.

R. Active Building Permits Short-term rentals shall not be rented during construction, remodeling, additions, or an active building permit, unless the building permit for the same has been approved by final inspection or city issued occupancy certificate, or approval by the Building Inspector, and upon an affirmative showing by the agent that the safety and welfare of occupants can be maintained. If the work creates an uninhabitable area by lack of sanitation, cooking, sleeping, or heating, the chief building official shall deem the structure uninhabitable, and the structure shall not be rented as a short-term rental until authorized by the county’s building division for such use or occupancy.

S. Legal Responsibility: The permittee and lodger shall be required to execute a formal acknowledgment that he or she is legally responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental unit by all occupants of the short-term rental and their guests. This information shall be maintained by the permittee/owner for a period of three (3) years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental.

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SHORT TERM RENTAL ORDINANCE

CITY COUNCIL MEETING
MAY 22, 2024
Item 6A 116

PROPOSED SHORT TERM RENTAL

ORDINANCE
Draft Ordinance to allow residential uses to be
rented out on a short- term basis (30-days or
less).

Amend the Municipal Code by adding Chapter

17.123 to authorize and regulate Short-Term
Rentals within the City
Item 6A 117

PROPOSED SHORT TERM RENTAL

ORDINANCE
A. Every permittee within the City of Colfax shall booking information for each person who stays at the short-term rental and make it available to the City of Colfax upon request and shall maintain such register for a period of eighteen (18) months;
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FISCAL IMPACTS
• Applicants would pay an Administrative Permit
fee to cover staff costs associated with
processing permits
• If Short Term Rental Ordinance is adopted, staff
will come back with Fee Schedule Amendment
Item 6A 119

RECOMMENDATION
• Introduce the proposed ordinance by title only,
conduct a public hearing, waive the first reading
and schedule the proposed ordinance for
second reading and adoption at the next regular
City Council meeting currently scheduled for
September 11, 2024, to be effective 30 days
after adoption.

Item 6A 120
Staff Report to City Council
FOR THE August 28, 2024, REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Kathy Pease, AICP, Planning Consultant
Subject: MU-1 Zoning Code Amendment, Ground Floor Retail Ordinance.

Budget Impact Overview:

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

Summary/Background
This is a proposal to consider adoption of a zoning code amendment to the Mixed Use-1 (MU-1) Zoning District to allow additional uses within ground floor retail spaces in the Downtown District.

This item was considered by the City Council at its May 22nd and July 24th meetings. At the meeting of July 24th, the City Council expressed concern that once spaces are rented out to nonretail businesses, it would be difficult to get retail uses in the future and therefore, would like to narrow the proposed business types to three additional uses.

According to the Zoning Code: Mixed Use – 1 is applied to Main Street in the Historic Downtown (MU-1) and is intended to retain the historic character of the downtown while providing a vibrant mix of uses in an attractive area where the community and visitors gather to shop, socialize, and recreate, and where residents can live. This district requires that the ground-floor spaces with street frontage be accessible to the public and that uses generate walk-in clientele to contribute to and activate the pedestrian experience along Main Street. Appropriate ground-floor uses with street frontage include retail shops, cafes, restaurants, and other similar uses that generate pedestrian traffic. Currently, spaces without ground-floor street frontage are intended for uses such as offices, residential, and lodging.

Discussion
The proposed Ordinance amendment would amend Chapter 17 of the Colfax Municipal Code, Section 17.74.020, to eliminate some commercial restrictions for ground floor retail space.

Currently the Zoning Code allows many uses by right in the MU-1 District but states that only retail uses can be on the ground floor, other uses are restricted if they have a footnote reference:
(1) Only allowed on the second story or on ground floor portions of buildings that are no less than 30 feet from the front property line.

This means that the following uses are currently not allowed to occupy vacant ground floor retail spaces:

RECOMMENDED ACTION: Introduce the proposed ordinance by title only, conduct a public hearing, waive the first reading and schedule the proposed ordinance for a second reading and adoption at the next regular City Council meeting currently scheduled for September 11, 2024, to be effective 30 days after adoption.

Item 6B 121
• Community services
• Essential services
• Libraries and museums
• Veterinary Clinic
• Broadcasting and Recording Studios
• Business Support Services
• Offices, Professional
• Personal Services
At the meeting of July 24th, a question was raised about the definition of Personal Services. The Zoning Code defines it as: establishments primarily engaged in the provision of personal improvement or appearance, and similar non-business related or non-professional services, but excludes services classified under other use types. Typical uses include barber shops, beauty salons, tailors, shoe repair shops, massage therapist, tattoo studios, and dry-cleaning.

Business services include: Blueprinting; Business equipment repair services (except vehicle repair); Commercial art and design (production); Computer-related services (rental, repair, maintenance); Equipment rental businesses within buildings; Film processing laboratories; Mail advertising services (reproduction and shipping); Outdoor advertising services; Photocopying; and Photo finishing.

Staff also researched Nevada City’s ordinance as an example and found that jurisdiction only restricts office uses on ground floor retail spaces:

17.40.020 - Principal permitted uses
No new or expanded office of any type may be located on the ground level of any building, unless the approving authority grants a conditional use permit and finds the use complies with Section 17.40.040(J). The cost of a conditional use permit for a ground level office shall be one hundred dollars ($100.00).

Per City Council direction, the attached proposed ordinance has been revised to reduce the amendment to only expand ground floor retail space to the following additional uses:
• Libraries and museums
• Veterinary Clinic and
• Business Support Services
While the Zoning Code is attempting to protect retail space, it is unclear whether turning away prospective businesses is a wise choice. It will likely lead to vacant retail spaces that sit vacant for an extended period of time, waiting for retail uses to come forward. This is an impact to property owners that are not receiving rent, and an impact to the city in reduced sales tax.

Ground floor space restrictions would remain for residential uses, however it should be noted that the zoning ordinance may be partially preempted by state law that has been amended in recent years to conditionally allow certain multifamily projects in commercial zoned and mixed use areas by right. For example, Assembly Bill (AB) 2011 and Senate Bill (SB) 6, provide for streamlined Item 6B 122
ministerial (including no California Environmental Quality Act (“CEQA”)) approval of qualifying mixed-income and affordable housing projects along commercial corridors in commercial zoning districts.

General Plan Consistency Findings:

The proposed Ordinance amending the Municipal Code is consistent with the General Plan Mixed use designation which allows for a combination of commercial and residential uses in the downtown area. This designation allows for shops, restaurants, services, offices, hospitality and other compatible uses.

The proposed Ordinance amending the Municipal Code would not be detrimental to the public interest, health, safety, convenience or welfare of the County because it will support commercial uses already allowed by right in the MU-1 District and support economic development.

The proposed Ordinance amending the Municipal Code is internally consistent with other applicable provisions of the Municipal Code. The proposed Ordinance adds flexibility to allow commercial opportunities within the city.

Fiscal
There is no impact on the City’s General Fund as a result of this amendment, except for staff time in preparing and researching this ordinance amendment.

Environmental Review
The proposed Ordinance qualifies under the “common sense” CEQA exemption pursuant to CEQA Guidelines Section 15060(c)(2) and 15061(b)(3), which provides that, where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment, the project is not subject to CEQA. CEQA only applies to projects that have the potential for causing a significant effect on the environment – either through direct impact or reasonably foreseeable indirect impact. The proposed Ordinance does not have that possibility.

Direct impact of the proposed Ordinance on the environment will be minor. It is not expected to prompt any new development or direct physical effects. Instead, the expected result of the proposed Ordinance is to allow flexibility in uses already allowed by right. Accordingly, the City believes the “common sense” exemption is most appropriate for this project.

Attachments

1. MU-1 Ground Floor Retail Ordinance Cover

2. MU-1 Ground Floor Retail Ordinance

3. "Retail Apocalypse" Article

4. "Cities Planned Their Way Into the Retail Vacancy Crisis" Article Item 6B 123

CITY OF COLFAX
ORDINANCE NO. 558

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL
CHAPTER 17.74.020 TO ALLOW ADDITIONAL COMMERCIAL USES
IN GROUNDFLOOR RETAIL SPACES IN THE MU-1 ZONING DISTRICT.

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

Section 1:

Title 17, Chapter 17.74.020 of the Colfax Municipal Code is hereby amended as set forth in Exhibit A attached hereto and by this reference incorporated herein.

Section 2. Superceding Provisions
The provisions of this ordinance and any resolution adopted pursuant hereto shall supersede 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 any court of competent jurisdiction, the invalid or unconstitutional 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 (hereinafter 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 of attorney general opinion construing the same. Accordingly, the City of Colfax finds that the provisions of CEQA and the CEQA Guidelines are not applicable to said action.

FINDING OF EXEMPTION
In the event that it is found that the said action constitutes a "Project" as defined by or used in CEQA or the CEQA Guidelines, which finding would be contrary to the City’s opinion of its action, the City of Colfax hereby finds that said action is exempt from compliance with CEQA and the CEQA Guidelines, for the following reasons: The action falls within the “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.

Item 6B 124
This ordinance 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 on the 28th day of August, 2024 and passed and adopted at a duly held regular meeting of the City Council on the ___ day of __________ 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Kim Douglass
Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________ Conor Harkins Amanda Ahre
City Attorney City Clerk
Item 6B 125

EXHIBIT A

CITY OF COLFAX
ORDINANCE NO. 558

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLFAX AMENDING COLFAX MUNICIPAL CODE TITLE 17.74.020 PERMITTED USE TYPES.

THE CITY COUNCIL OF THE CITY OF COLFAX DOES ORDAIN AS FOLLOWS:

Chapter 17.74 MIXED USE ZONES

17.74.020 Permitted use types.

Primary uses are permitted in mixed use 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 single use that occupies more than 5,000 square feet in the MU-1 zone or more than 8,000 square feet in the MU-2 zone is subject to a conditional use permit.

Accessory uses and structures are permitted in mixed use zones subject to the requirements set forth in Chapter 17.96.

CIVIC USE TYPES MU-1 MU-2
Community Assembly (2) P(1) P
Community Services P(1) P
Essential Services P(1) P
Libraries and museums P P
Power Generating Facilities(3)
Emergency P P
Passive Power P P
Public Parking Services - AP
Social Services
Food Distribution (4) CUP CUP
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Food Service (5) CUP CUP
Emergency Shelter (6) - CUP
RESIDENTIAL USE TYPES MU-1 MU-2
Community Care Facilities, Small
Dwelling
Accessory Dwelling Unit P(1) P
Junior Accessory Dwelling Unit P(1) P
Multi-Family P(1) P
Single-Family P(1) P
Family Day Care Homes, Small P(1) P
Family Day Care Homes, Large (7) P(1) P
Rooming and Boarding House P(1) P
Supportive and Transitional Housing P(1) P
COMMERCIAL USE TYPES MU-1 MU-2
Animal Sales and Service (8)
Grooming and Pet Stores P P
Veterinary Clinic P P
Automotive and Equipment
Automotive Body and Equipment Repair - CUP
Automotive Rentals AP AP
Automotive Repairs - CUP
Automotive Sales - -
Carwash and Detailing - CUP
Commercial Parking - CUP
Gasoline Sale - CUP
Banks and Financial Services P P
Bars and Drinking Places AP AP
Broadcasting and Recording Studios P(1) P
Business Support Services P P
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Community Care Facility - AP
Day Care Center AP(1) AP
Eating and Drinking Establishments
Fast Food with Drive-Through - -
Convenience P P
Full Services P P
Food and Beverage Retail Sales P P
Lodging P(1) P
Long-Term Care Facility CUP -
Maintenance and Repair P(1) P
Medical Services, General P(1) P
Neighborhood Commercial P P
Nightclubs(9) AP -
Offices, Professional P(1) P
Personal Services P(1) P
Retail Sales and Services P P
Specialized Education and Training
Vocational Schools P(1) P
Specialty Schools P(1) P

TRANSPORTATION AND

COMMUNICATION USE TYPES
MU-1 MU-2
Telecommunication Facilities(10) - P/AP/CU
P
(1) Only allowed on the second story or on ground floor portions of buildings that are no less than 30 feet from the front property line.

Item 6B 128
Retail apocalypse refers to the closing of numerous brick-and-mortar retail stores, especially those of large chains, beginning around 2010 and accelerating due to the mandatory closures during the COVID-19 pandemic.
[2][3]
In 2017 alone, more than 12,000 physical stores closed. The reasons included debt and bankruptcy in the face of rising costs, leveraged buyouts, low quarterly profits outside holiday binge spending, delayed effects of the Great Recession, [3] and changes
in spending habits. American consumers have shifted their purchasing habits due to various factors, including experience spending versus material goods and homes, casual fashion in relaxed dress codes, as well as the rise of e-commerce[4] and particularly juggernaut companies such as Amazon.com and Walmart. A 2017 Business Insider report dubbed this phenomenon the "Amazon effect" and calculated that Amazon.com was generating more than half of retail-sales growth.[5] History
A permanently closed mom and pop health food store in Port Charlotte, Florida
The phrase "retail apocalypse" first appeared in print in an early 1990s essay by Peter Glen, author of It's Not My Department!.
[14] Media appropriated the term to refer to
multiple brick-and-mortar store closures resulting from shifts in consumer spending. [6]
Since at least 2008 (Global Financial Crisis), various economic factors have resulted in the closing of many stores in North America, the United Kingdom, and Australia, particularly in the department store industry. For example, Sears Holdings had more than 3,500 stores and 355,000 employees in 2006.[15] By the end of 2016, Sears operated 1,430 stores.[16] In October 2018, Sears filed for bankruptcy and announced it would close an additional 142 of its 687 stores.[17] At the time of filing, Sears had 68,000 employees.[17]
The phrase "retail apocalypse" began gaining widespread usage in 2017 following multiple announcements from many major retailers of plans to either discontinue or greatly scale back a retail presence, including companies such as H.H. Gregg, Family Christian Stores and The Limited all going out of business entirely.[18] The Atlantic described the phenomenon as "The Great Retail Apocalypse of 2017", reporting nine retail bankruptcies and several apparel companies having their stock hit new lows, including that of Lululemon, Urban Outfitters, and American Eagle. [3] Credit Suisse, a
Item 6B 129
major global financial services company, predicted that 25% of U.S. malls remaining in 2017 could close by 2022.[19]
Since 2017, the phrase is frequently applied to brick-and-mortar closures in retail, with the retail apocalypse creating a domino effect on manufacturers and suppliers; Hasbro, for example, cited the loss of the Toys "R" Us chain as a major cause for lost revenue and layoffs the company imposed in October 2018.[20]
A 2019 analysis conducted by IHL Group international research and advisory firm found that when a retailer closes many stores, it indicates more about the individual retailer rather than the retail industry overall. In 2019, the 20 stores announcing the most closures represent 75% of all closures. IHL found that for each retailer closing stores in 2019, more than five retail chains are opening stores, an increase from the 3.7 ratio of 2018. IHL also reported that the number of chains adding stores in 2019 had increased 56%, while the number of closing stores decreased by 66% in the last year.[7][21] As of May 2020, bankruptcies and store closings were expected to intensify due to widespread business closures and the resulting financial impact of the COVID-19 pandemic. J. Crew, Century 21, Neiman Marcus, Stage Stores, Stein Mart, Lord & Taylor, JCPenney, Tuesday Morning, and Pier 1 Imports were among the first major retailers to file for bankruptcy during the COVID-19 pandemic. [10]
Such retail downturns have also affected restaurants.

Shift to e-commerce
Further information: Online shopping
The main factor cited in the closing of retail stores in the retail apocalypse is the shift in consumer habits towards online shopping.
[23] Holiday sales for e-commerce increased by
an estimated 11% to 20% from 2015 to 2016. The same year, brick-and-mortar stores saw an overall increase of only 1.6%, with physical department stores experiencing a

4.8% decline.[24]
Oversupply of shopping malls
Another factor is an over-supply of malls[25] as the growth rate of malls in North America between 1970 and 2015 was over twice the growth rate of the population. In 2004, Malcolm Gladwell wrote that investment in malls was artificially accelerated when the United States Congress introduced accelerated depreciation into the tax code in 1954.[26] Despite the construction of new malls, mall visits declined by 50% between 2010 and 2013 with further declines reported in each successive year.[27] Experience economy
Main article: Experience economy
A major reported contributing factor to the supposed retail decline is an ongoing "restaurant renaissance"— a shift in consumer spending habits for their disposable income from material purchases such as clothing towards dining out and travel. [3]
Item 6B 130
Shrinking middle class
Another cited factor is the "death of the American middle class" represented by declining real wages and rising costs creating a middle-class squeeze, resulting in large-scale closures of retailers such as Macy's, JCPenney, and Sears which traditionally relied on spending from this market segment.[28] Particularly in rural areas, variety stores such as Dollar General, Dollar Tree, and Family Dollar, once thought to be unaffected by the apocalypse since they have continued growing rapidly, are now perceived as being at best a symptom of the phenomenon, and at worst a direct cause of rural, independent retailers collapsing, unable to compete with the lower margins that national chains can sustain.[29][30]
Poor management
Poor retail management coupled with an overcritical eye towards quarterly dividends cause a lack of accurate inventory control, so the sales floor suffers from underperforming merchandise and out-of-stock merchandise, creating a poor shopping experience for customers. The focus on short-term balance sheets induces management to understaff retail stores in order to keep profits high.[31][32] Furthermore, many long-standing chain retailers are overloaded with debt, [33] often from leveraged
buyouts from private equity firms, which hinders the profitable operation of retail chains.[34][35]
COVID-19 pandemic
Main article: Impact of the COVID-19 pandemic on retail The COVID-19 pandemic exacerbated many issues affecting retailers, as many were forced to shut down due to non-pharmaceutical interventions that were issued in an effort to mitigate the pandemic.[36]
At the same time, online shopping boomed during the coronavirus-related lockdown, even though it came back down starting in 2022.[37] Most of the major ecommerce retailers in the United States were classified as essential businesses and were not required to shut down. Buyers stated that they would deliberately buy products from such categories as food and drinks, hygiene, household cleaning, clothing, health, and consumer electronics online rather than in person due to COVID-19. The outbreak is said to have changed shopping behavior permanently: in the US, 29% of surveyed consumers stated that they had no intention to ever go back to offline shopping. In the UK, this number reached 43%.[38]
In June 2020, retail research firm Coresight reported that they estimated that the number of store closures due to the pandemic and ensuing recession would exceed the 2019 record of 9,302.[39][40]
Coresight Research data later indicated that store closures had reduced by 49% from 2020 to 2021, with store openings increased by 36% over the previous year.[41] Clothing and accessories accounted for 43% of retail closures in 2021.[41] In July 2022, the analytics firm published findings that store openings had exceeded store closings for the Item 6B 131
first half of 2022, and that there were 10% fewer closings and 3% fewer openings than in 2021.[42]
Item 6B 132
Cities Planned Their Way Into the
Retail Vacancy Crisis
Demand for retail spaces has been softening for more
than a decade.

BY LEAH BROOKS AND RACHEL MELTZER
June 20, 2024 3:50 PM
Empty storefronts are eyesores, and also mean fewer neighborhood services for residents, less foot traffic on the street, and lower tax revenue for the city’s coffers. Before the pandemic, roughly 1 in every 20 New York City storefronts was empty—and that figure has now more than doubled. What was once thought to be a fleeting remnant of COVID-related closures is now endemic.

Retail spaces stay vacant for many reasons. Brick-and-mortar businesses have to compete with cheap and convenient online vendors.

Office buildings have emptied out, draining downtown areas of the daytime customers who previously supported nearby businesses.

Landlords sit on vacant spaces waiting for the perfect deep-pocketed tenant.

Even if we resolved all these challenges, one fundamental hurdle would remain. We’ve zoned our cities for too much retail. Land-use regulations have zealously mandated or encouraged retail in developments big and small, and we’ve built too much of it. Vacancy is inevitable.

We tracked two decades’ worth of retail leasing records for seven major U.S. cities. Since 2012, almost a decade before we can attribute any decline to COVID, the amount of newly leased retail square feet flatlined and even declined in some cities. Also since 2012, retail rents have flattened or declined, and retail spaces sit empty longer between tenants. Altogether, this is strong evidence that the demand for retail spaces has softened over the past decade.

Item 6B 133
Over the same time period, we also found that cities have increased the amount of square footage zoned for retail. Looking at New York City and Los Angeles, where we have detailed data on what is built and what cities require in their land-use regulations, the number of lots zoned for retail uses has increased. Even more striking, the increase in the total square footage zoned for retail exceeds the increase in the number of lots zoned for retail. In other words, the designated retail space in these buildings has gotten bigger over time.

Why do cities continue to mandate land use where businesses do not want to rent? Especially when demand for a clear alternative use— housing—is soaring? Perhaps because zoning for ground-floor retail is practically an act of faith among urban planners. Jane Jacobs, possibly the most renowned urban planner, documented and promoted the benefits of vibrant streetscapes created by mixing uses and by groundfloor street interfaces. Planners, urban enthusiasts, and even real estate developers have taken up this mantle with vigor.

However, the benefits from this type of planning are nullified when those storefronts sit vacant. Streetscapes pockmarked with dark windows and sidewalks with less foot traffic and fewer eyes can invite illicit and unsafe activity and may even suppress demand for living near those corridors.

Neither our data nor the anecdotes suggest that the brick-and-mortar retail sector is on the verge of a multiyear expansion to help fill the empty retail spaces. We expect online shopping and working to be a part of urban life for the foreseeable future. While markets can fluctuate, the built environment of cities is relatively fixed. This means we will have to accept the obsolescence of much of the current retail building stock in cities and be creative about how to repurpose it. Local and national policymakers have mobilized around converting office space to residential uses, but what about retail-to-residential conversions? Like many of the underused office buildings, there may not be an acceptable design solution for every vacant retail space, but these conversions would be much less costly and less complicated.

Slow-to-change regulations hamstring cities, because they are out of sync with emerging work-life patterns and consumption technologies.

But cities need commerce to thrive, and we can maintain the retail Item 6B 134
lifeblood of cities while also meeting other urban challenges. For example, 15-foot-high spaces, often required for the ground floors of new buildings, may no longer align with the smaller footprint that retailers now need if some or most of their business is online. City planners should concentrate retail near transit hubs and in mixed-use developments, rather than requiring inclusion in every new development.

A zoning code that is more strategic and restrained in where it requires or allows retail would mean that every developer on the block would no longer default to ground-floor retail. These changes would yield fewer dark storefronts and more places for people to live
Item 6B 135

MIXED USE GROUND FLOOR RETAIL ZONING

AMENDMENT

CITY COUNCIL MEETING
AUGUST 28, 2024
Item 6B 136

ZONING CODE AMENDMENT
Following businesses would be allowed in ground floor retail:
• Libraries and museums
• Veterinary Clinic
• Business Support Services
Item 6B 137

RECOMMENDATION
• Introduce the proposed ordinance by title only,
conduct a public hearing, waive the first reading
and schedule the proposed ordinance for
second reading and adoption at the next regular
City Council meeting currently scheduled for
September 11, 2024, to be effective 30 days
after adoption.

Item 6B 138
Staff Report to City Council
FOR THE AUGUST 28, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Agreement with Bureau Veritas North America – Building Inspection and Plan Check Services
Budget Impact Overview:

N/A: Funded: √ Un-funded: Amount: $80,000 Fund(s): 400
Summary/Background
At the June 26, 2024 city council meeting, the council approved a six-month extension of agreement with Bureau Veritas North America (BVNA) to provide plan review, code enforcement, inspection, and permit technician services. The previous agreement with BVNA was set to expire June 30, 2024, so an extension was granted to allow city staff time to prepare and release a request for proposal (RFP) for plan review, code enforcement, inspection, and permit technician services. An RFP allows the city to charge any qualifying services performed by a contractor providing plan review, code enforcement, inspection, and permit technician services to a grant rather than to city funding.

Staff prepared an RFP for a contractor to provide plan review, code enforcement, inspection, and permit technician services, and on June 18, 2024, advertised the RFP with a proposal deadline of July 15, 2024. The city received proposals from six different companies by the deadline. Staff carefully reviewed and scored each proposal with the highest overall score being assigned to Bureau Veritas North America.

Conclusions and Findings
Staff recommends that the council approve a three-year agreement with a possible two-year extension with BVNA.

Fiscal Impacts
The Building Department contract services budget is $80,000 for FY 2024-2025, and $85,000 for FY 2025- 2026.

Attachments:

1. Resolution __-2024

2. BVNA Agreement
RECOMMENDED ACTION: Adopt Resolution __-2024 authorizing the City Manager to sign a three-year agreement with Bureau Veritas North America to provide plan review, code enforcement, inspection, and permit technician services with a possible two-year extension.

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City of Colfax
City Council
Resolution № __-2024

APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A THREE-YEAR

BUILDING INSPECTION AND PLAN CHECK SERVICES AGREEMENT WITH BUREAU

VERITAS NORTH AMERICA (BVNA), WITH A POSSIBLE TWO-YEAR EXTENSION WHEREAS, The agreement with BVNA was set to expire June 30, 2024, so an extension was approved by Council to allow City staff time to prepare and release a request for proposal (RFP) for plan review, code enforcement, inspection, and permit technician services; and, WHEREAS, Staff prepared an RFP for a contractor to provide plan review, code enforcement, inspection, and permit technician services, and on June 18, 2024, advertised the RFP with a proposal deadline of July 15, 2024; and,
WHEREAS, The city received proposals from six different companies by the deadline; and, WHEREAS, City staff carefully reviewed and scored each proposal with the highest overall score being assigned to Bureau Veritas North America.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves and authorizes the City Manager to execute a three-year agreement with Bureau Veritas North America to provide plan review, code enforcement, inspection, and permit technician services with a possible two-year extension.

THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on August 28, 2024, by the following vote of the Council:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________________
Kim Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
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AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on this 28th day of August, 2024 by and between the City of Colfax, a municipal corporation of the State of California Bureau Veritas North America, inc. (“Consultant").

RECITALS
A. The City desires to retain Consultant to provide the Services set forth in detail in Exhibit A hereto (the "Services") subject to the terms and conditions of this Agreement.

B. Consultant is duly licensed and sufficiently experienced to undertake and perform the Services in a skilled and professional manner and desires to do so in accordance with the terms and conditions of this Agreement.

Now, therefore, in consideration of the mutual covenants, promises and conditions set forth in this Agreement, the City and Consultant agree as follows:

Section 1. Services
Subject to the terms and conditions set forth in this Agreement, Consultant shall furnish and perform all of the Services described in detail in Exhibit A hereto and incorporated herein by this reference (the "Services") to the satisfaction of the City. Consultant shall not perform any work exceeding the scope of the Services described in Exhibit A without prior written authorization from the City.

Section 2. Time of Completion.

Consultant's schedule for performance of the Services is set forth in Exhibit A hereto which is incorporated herein by this reference. Consultant shall commence performance of the Services promptly upon receipt of written notice from the City to proceed. Performance of the Services shall progress and conclude in accordance with the schedule set forth in Exhibit A. During the performance of the Services, Consultant shall provide the City with written progress reports at least once each month and at such additional intervals as City may from time to time request.

Section 3. Compensation.

A. Except as may otherwise be provided in Exhibit A or elsewhere in this Agreement or its exhibits, Consultant shall invoice City once each month for the Services performed during the preceding month. Such invoices shall itemize all charges in such detail as may reasonably be required by City in the usual course of City business but shall include at least:
i. the date of performance of each of the Services,
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ii. identification of the person who performed the Services, iii. a detailed description of the Services performed on each date, iv. the hourly rate at which the Services on each date are charged, v. an itemization of all costs incurred and
vi. the total charges for the Services for the month invoiced.

As long as the Consultant performs the Services to the satisfaction of the City, the City shall pay the Consultant an all-inclusive compensation that shall not exceed the amount as detailed in Exhibit A except pursuant to an authorized written change order issued pursuant to Section 15 of this Agreement before the Services requiring additional compensation are performed. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City's staff.

B. The Consultant's compensation for the Services shall be full compensation for all indirect and direct personnel, materials, supplies, equipment, and services incurred by the Consultant and used in carrying out or completing the Services. Payments shall be in accordance with the payment schedule established in Exhibit A or elsewhere in this Agreement or its exhibits.

C. The City shall have the right to receive, upon request, documentation substantiating charges billed to the City pursuant to this Agreement. The City shall have the right to perform an audit of the Consultant's relevant records pertaining to the charges.

D. Any Services performed more than sixty (60) days prior to the date upon which they are invoiced to the City shall not be compensable.

Section 4. Professional Ability; Standard of Quality.

City has relied upon the professional training and ability of Consultant to perform the Services described in Exhibit A as a material inducement to enter into this Agreement.

Consultant shall therefore provide properly skilled professional and technical personnel to perform all Services under this Agreement. All Services performed by Consultant under this Agreement shall be in a skillful, workmanlike manner in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

Section 5. Indemnification.

Consultant shall hold harmless and indemnify, including without limitation the cost to defend, the City and its officers, officials, employees, and volunteers from and against any and all claims, demands, damages, costs or liability that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, any sub-consultant, anyone directly or indirectly employed by them, or anyone they control in the performance of the Services. This indemnity does not apply to liability for damages or loss, arising from the sole negligence, active negligence, or willful misconduct or material defects in design by Item 9A 142
the City or its agents, servants, employees or independent contractors other than Consultant who are directly responsible to the City, or arising from the passive negligence of the City, its officers, agents, employees or volunteers, unless caused in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault unless otherwise allowed by California Civil Code Section 2782.8, as amended.

Section 6. Insurance.

Without limiting Consultant's indemnification obligations provided for above, Consultant shall take out before beginning performance of the Services and maintain at all times during the life of this Agreement policies of insurance at least as broad as the following, with insurers possessing a Best rating of not less than A. Consultant shall not allow any subcontractor, professional or otherwise, to commence work on any subcontract until all insurance required of the Consultant has also been obtained by the subcontractor.

A. Workers' Compensation Coverage. Workers' Compensation insurance as required by the State of California, with statutory limits, and Employer's Liability Insurance with limits of no less than $1,000,000.00 per accident for bodily injury or disease. In the alternative, Consultant may rely on a self-insurance program to meet its legal requirements as long as the program of self-insurance complies fully with the provisions of the California Labor Code. Consultant shall also require all subcontractors, if such are authorized by the City, to similarly provide Workers' Compensation insurance as required by the Labor Code of the State of California for all of the subcontractor's employees. All Workers' Compensation policies shall be endorsed with the provision that the insurance shall not be suspended, voided, or cancelled until thirty (30) days prior written notice has been provided to City by the insurer. The Workers' Compensation insurance shall also contain a provision whereby the insurance company agrees to waive all rights of subrogation against the City and its elected or appointed officials, officers, agents, and employees for losses paid under the terms of such policy which arise from the Services performed by the insured for the City.

B. Commercial General Liability Coverage (CGL). Commercial general liability insurance covering CGL on an “occurrence” basis, including products and completed operations, bodily injury, personal injury and advertising injury, and property damage insurance for all activities of the Consultant and its subcontractors, if such are authorized by the City, arising out of or in connection with the Services. The insurance shall be written on the most recent Insurance Services Office (ISO) form and include a broad form comprehensive general liability endorsement. The insurance shall be in an amount of not less than $1,000,000.00per occurrence. General liability coverage written on a claims-made basis shall not be acceptable absent prior written authorization from the City.

C. Automobile Liability Coverage. Automobile liability insurance written on the most Item 9A 143
recent Insurance Services Office (ISO) form covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than $1,000,000.00 combined single limit for each occurrence.

D. Policy Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following provisions:

1. The City, and its elected or appointed officials, employees and agents shall be named as insureds or additional insureds with regard to damages and defenses of claims arising from activities performed by or on behalf of the Consultant.

2. The insurance afforded by each policy shall apply separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer's limits of liability.

3. The insurance shall be primary insurance as respects the City and its elected or appointed officers, officials, employees and agents. Any other insurance maintained by the City or its elected or appointed officers, officials, employees, agents or volunteers shall be in excess of this insurance and shall not contribute with it.

4. The insurance shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days prior written notice has been provided to the City.

5. Any failure to comply with the reporting requirements of any policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, or agents.

E. Professional Liability Coverage. If required by the City, Consultant shall also take out and maintain professional liability, errors and omissions insurance in an amount not less than $1,000,000.00. The professional liability insurance policy shall be endorsed with a provision stating that it shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after thirty (30) days written notice has been provided to the City.

F. Insurance Certificates and Endorsements. Prior to commencing the Services under this Agreement, Consultant shall submit to the City documentation evidencing the required insurance signed by the insurance agent and the companies named. This documentation shall be on forms which are acceptable to the City and shall include all required endorsements and verify that coverage is actually in effect. This Agreement shall not be effective until the required insurance forms and endorsements are submitted to and approved by the City. Failure to provide these forms within the time period specified by City may result in the award of this Item 9A 144
Agreement to another Consultant should the City, in its sole discretion, decide to do so. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

G. Deductible and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City.

H. Termination of Insurance. If the City receives notification that Consultant's insurance will be suspended, voided, cancelled or reduced in coverage or in limits, and if the Consultant does not provide for either the reinstatement of that insurance or for the furnishing of alternate insurance containing all of the terms and provisions specified above prior to the termination of that insurance, City may either terminate this Agreement for that breach, or City may secure the required insurance to satisfy the conditions of this Agreement and deduct the cost thereof from compensation which would otherwise be due and payable to the Consultant for Services rendered under the terms of this Agreement.

Section 7. Subcontracts.

Consultant may not subcontract any portion of the Services without the written authorization of City. If City consents to a subcontract, Consultant shall be fully responsible to the City and third parties for all acts or omissions of the subcontractor to which the Services or any portion thereof are subcontracted. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor, nor shall it create any obligation on the part of the City to pay or cause the payment of any monies due to any such subcontractor except as otherwise is required by law.

Section 8. Assignment.

Consultant shall not assign any right or obligation under this Agreement without the City's prior written consent. Any attempted assignment of any right or obligation under this Agreement without the City's prior written consent shall be void.

Section 9. Entire Agreement.

This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.

Section 10. Jurisdiction.

This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction over any litigation arising from this Agreement shall be in the Item 9A 145
Superior Court of the State of California with venue in Placer County, California.

Section 11. Suspension of Services.

Upon written request by Consultant, City may suspend, in writing, all or any portion of the Services if unforeseen circumstances beyond the control of the City and Consultant make normal progress of the Services impossible, impractical, or infeasible. Upon written City approval to suspend performance of the Services, the time for completion of the Services shall be extended by the number of days performance of the Services is suspended.

Section 12. Termination of Services.

City may at any time, at its sole discretion, terminate all or any portion of the Services and this Agreement upon seven (7) days written notice to Consultant. Upon receipt of notice of termination, Consultant shall stop performance of the Services at the stage directed by City.

Consultant shall be entitled to payment within thirty (30) days for Services performed up to the effective date of termination. Consultant shall not be entitled to payment for any Services performed after the receipt of the notice of termination unless such payment is authorized in advance in writing by the City.

Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, or should Consultant violate any of the terms and conditions of this Agreement, City may terminate this Agreement by providing Consultant with seven (7) days written notice of such termination. The Consultant shall be compensated for all Services performed prior to the date of receipt of the notice of termination. However, the City may deduct from the compensation which may be owed to Consultant the amount of damage sustained or estimated by City resulting from Consultant's breach of this Agreement.

Consultant's obligations pursuant to Sections 5 and 6 of this Agreement shall survive termination and continue in effect for as long as necessary to fulfill the purposes of Sections 5 and 6.

Section 13. Independent Contractor.

Consultant shall in all respects be an independent contractor and not an agent or employee of City. Consultant has and shall retain the right to exercise full control and supervision of the means and methods of performing the Services. Consultant shall receive no premium or enhanced pay for Services normally understood as overtime; nor shall Consultant receive holiday pay, sick leave, administrative leave or pay for any other time not actually expended in the performance of the Services. It is intended by the parties that Consultant shall not be eligible for benefits and shall receive no compensation from the City, except as expressly set forth in this Agreement. Consultant shall submit completed W -9 and Report of Independent Contractor forms upon execution of this Agreement and prior to the payment of any compensation hereunder.

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Section 14. Ownership of Documents.

Within thirty (30) days after the Consultant substantially completes performance of the Services, or within thirty (30) days after the termination of this Agreement, the Consultant shall deliver to the City all files, records, materials and documents drafted or prepared by Consultant's in the performance of the Services. It is expressly understood and agreed that all such files, records, materials, and documents are the property of the City and not the property of the Consultant. All finished and unfinished reports, plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents in the course of performing the Services shall become the sole property of the City upon payment to Consultant for the Services, and the City shall have the exclusive right to use such materials in its sole discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and writings to City or any party the City may designate, upon written request.

Consultant may keep file copies of all documents prepared for City. Use of any such documents by the City for projects that are not the subject of this Agreement or for purposes beyond the scope of the Services shall be at the City's sole risk without legal liability or expense to Consultant.

Section 15. Changes and/or Extra Work.

Only the City Council may authorize extra and/or changed Services, modification of the time of completion of the Services, or additional compensation for the tasks to be performed by Consultant. Consultant expressly recognizes that other City personnel are without authorization to order extra and/or changed Services or to obligate the City to the payment of additional compensation. The failure of Consultant to secure the prior written authorization for such extra and/or changed Services shall constitute a waiver of any and all right to adjustment in the contract price due to such unauthorized Services, and Consultant thereafter shall not be entitled to any compensation whatsoever for the performance of such extra or changed Services. In the event Consultant and City agree that extra and/or changed Services are required, or that additional compensation shall be awarded to Consultant for performance of the Services under this Agreement, a supplemental agreement providing for such compensation shall be prepared and shall be executed by the Consultant and the necessary City officials before the extra and/or changed Services are provided.

Section 16. Compliance with Federal, State and Local Laws.

Consultant shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations affecting the Services, including without limitation laws requiring licensing and prohibiting discrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability, national origin or other prohibited bases. City shall not be responsible or liable for Consultant's failure to comply with applicable laws, statutes, ordinances, rules, or regulations.

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Section 17. Retention of Records.

Consultant and any subconsultants authorized by the terms of this Agreement shall keep and maintain full and complete documentation and accounting records, employees' time sheets, and correspondence pertaining to the Services, and Consultant shall make such documents available for review and/or audit by City and City's representatives at all reasonable times during performance of the Services and for at least four (4) years after completion of the Services and/or termination of this Agreement.

Section 18. Alternative Dispute Resolution
A. Before resorting to mediation, arbitration or other legal process, the primary contacts of the parties shall meet and confer and attempt to amicably resolve any dispute arising from or relating to this Agreement subject to the following provisions. Any party desiring to meet and confer shall so advise the other party pursuant to a written notice. Within 15 days after provision of that written notice by the party desiring to meet and confer, the primary contacts for each party shall meet in person and attempt to amicably resolve their dispute. Each primary contact, or the person acting in their absence with full authority to resolve the dispute, shall attend the meeting and shall be prepared to devote an entire day thereto. If any dispute remains unresolved at the end of the meeting, any party to this Agreement shall have the right to invoke the mediation process provided for in the subparagraph B below.

B. Subject to the provisions of subparagraph A, any dispute that remains unresolved after the meet and confer shall immediately be submitted to non-binding neutral mediation, before a mutually acceptable, neutral retired judge or justice at the Sacramento Office of the Judicial Arbitration and Mediation Service ("JAMS"). If within five days after the meet and confer the parties are unable to agree upon the selection of a neutral mediator, then the first available retired judge or justice at the Sacramento office of JAMS shall serve as the neutral mediator. The parties agree to commit to at least one full day to the mediation process. Additionally, to expedite the resolution of any dispute that is not resolved by mediation, the parties agree to each bring to the neutral mediation a list of at least five neutral arbitrators, including their resumes, whose availability for an arbitration hearing within 30 days after the mediation has been confirmed.

C. If mediation is unsuccessful, before the mediation concludes, the parties shall mediate the selection of a neutral arbitrator to assist in the resolution of their dispute. If the parties are unable to agree on an arbitrator, the parties agree to submit selection of an arbitrator to the mediator, whose decision shall be binding on the parties. In that case, the mediator shall select a neutral arbitrator from the then active list of retired judges or justices at the Sacramento Office of the JAMS. The arbitration shall be conducted pursuant to the provisions of the California Item 9A 148
Arbitration Act, sections 1280-1294.2 of the California Code of Civil Procedure. In such case, the provisions of Code of Civil Procedure Section 1283.05 and 1283.1 shall apply and are hereby incorporated into this Agreement.

D. This section 18 shall survive the termination or expiration of this Agreement. If there is no Sacramento office of JAMS, then the office of JAMS closest to the City shall be used instead of a Sacramento office.

Section 19. Severability.

The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by an arbitrator or by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual written consent of the parties.

Section 20. Entire Agreement; Amendment.

This Agreement, including all exhibits hereto, constitutes the complete and exclusive expression of the understanding and agreement between the parties with respect to the subject matter hereof. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. This Agreement may be amended or extended from time to time only by written agreement of the parties hereto.

Section 21. Time of the Essence.

Time is of the essence in the performance of the Services. The Consultant will perform its Services with due and reasonable diligence consistent with sound professional practices and shall devote such time to the performance of the Services as may be necessary for their timely completion.

Section 22. Written Notification.

Except as otherwise specified in this Agreement, any notice, demand, request, consent, approval or communications that either party desires or is required to give to the other party shall be in writing and either served personally or sent by first class mail, postage prepaid and addressed as follows. Either party may change its address by notifying the other party in writing of the change of address. Notice shall be deemed communicated within two business days from the time of mailing if mailed within the State of California as provided in this Section.

If to City: City of Colfax
33 S. Main Street
Colfax, CA 95713
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If to Consultant: Bureau Veritas North America, inc.
180 Promenade Circle, Suite 150
Sacramento CA 95834
Section 23. Execution.

This Agreement may be executed in original counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one original counterpart is signed by both parties hereto. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. In accordance with applicable law, the Parties may execute this Agreement by electronic signature and, if they do so, an electronic signature and this Agreement will have same legal validity and enforceability as a manually executed signature and agreement.

Section 24. Successors.

This Agreement shall be binding on and inure to the benefit of the respective parties hereto except to the extent of any contrary provision in this Agreement.

Section 25. Attorney's Fees.

If any party to this Agreement commences legal proceedings to enforce any of its terms or to recover damages for its breach, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs, and the expenses of expert witnesses, including any such fees costs and expenses incurred on appeal.

IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day first above written:

CITY CONSULTANT
Signature: Signature:

Printed Name: Printed Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM:
______________________________________
City Attorney
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EXHIBIT A

SCOPE & FEE SCHEDULE
The contract term is for three years, with a two-year optional extension.

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