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.
October 9, 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
October 9, 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 changes to 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 9/25/2024.
Pages 4-7
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.
October 9, 2024
3B. Cash Summary – August 2024
Recommended Action: Accept and file.
3C. Trojan UV – UV Sleeve & Lamp Purchase
Recommended Action: Adopt Resolution __-2024 authorizing the City Manager to execute an agreement with Trojan UV to Purchase UV Lamps for the Wastewater Treatment System. *** 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 (None)
7 PUBLIC COMMENT
Members of the public are permitted to address the Council orally or in writing on matters of concern to the public withinthe 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. Ordinance Establishing Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments
Recommended Action: Introduce and waive the first reading of ordinance establishing an administrative remedies procedure for challenges to fees, charges and assessments. 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.
Pages 8-15
Pages 16-21
Pages 22-27
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.
October 9, 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. 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
CityCouncil Minutes
Regular Meeting of Colfax City Council
Wednesday, September 25, 2024
City Hall Council Chambers, 33 S Main Street,
Colfax CA and attended via Teleconference through ZOOM
1 OPENSESSION
1A. CallOpen Session to Order – Mayor Pro Tem Lomen called the Open Session to order at 6:00 p.m. 1B. Pledge of Allegiance – Officer Lyman lead the Pledge of Allegiance. 1C. Roll Call
Present: Councilmember Burruss, Councilmember Hillberg, Mayor Pro Tem Lomen, Councilmember McCully
Absent: Mayor Douglass
1D. 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
NOES:
ABSTAIN:
ABSENT: Douglass
1E. Statement of Conflict of Interest – No conflicts were identified by the Council or the public. 2 CONSENT CALENDAR
2A. Minutes
Recommended Action: By Motion, approve the Colfax City Council minutes of 9/25/2024 2B. Compost Pad – Compost Give-A-Way
Recommended Action: Adopt Resolution __-2024 authorizing the City Manager to award a construction contract to construct a compost pad in the amount of $27,815.00 plus an 8% contingency for a total amount of $30,000,00
MOTION made by Councilmember Burruss to approve the consent calendar Seconded by Councilmember Hillberg, and approved by the following vote:
AYES: Burruss, Hillberg, Lomen, McCully
NOES:
ABSTAIN:
ABSENT: Douglass
3 Agency Reports
3A. Placer County Sheriff’s – Deputy Boyer had nothing to report. 3B. CHP – Officer Lyman reported an increase of citations after a recent increase of patrols.
Item 3A
3C. Placer County Fire/CALFIRE – Absent
3D. Non-Profits –
Tammy with the Green Machine talked about the annual Halloween Trunk-or-Treat that was moved to the Sierra Vista Community Center due to safety concerns of having it on Main St. She invited Councilmembers to help with the Haunted House
Sharon Conners with the VFW expressed concerns about moving Trunk-or-Treat from Main St and what impact that will have on local businesses.
Amanda Palmquist with the Colfax Area Chamber of Commerce talked about Oktoberfest on 9/28, Coffee and Conversations on 10/3, and the marketing meeting 10/21. 4 PRESENTATION
4A. Placer County Transportation Planning Agency (PCTPA) Current Regional Planning Efforts – Countywide Active Transportation Plan and Annual Unmet Transit Needs Assessment
Recommended Action: Attend the Presentation
Mike Costa Presented this.
Councilmember Hillberg asked for clarification of planning vs budget for completing work.
Tim Dion asked about previous planning efforts.
Harry Anderson asked how involved Cal-Trans is in this planning. 4B. Harry Anderson to present the Colfax Elementary PTA, and the Colfax VFW Post 2003, each with a donation
Recommended Action: Attend the presentation.
Harry Anderson on behalf of Lisa Green, Festivals-of-Cali-805 who attended via Zoom, presented $500 donations to the Colfax Garden Club, Colfax Lion’s Club, Colfax PTA, and the VFW Post 2003.
5 PUBLIC HEARING (None)
6 PUBLIC COMMENT
Caroline Glenn, the owner of the Wrecking Crew Bakery & Café, expressed concerns on behalf of all of the Main St. business owners about the loss of business revenue during Trunk-or-Treat now that it has been moved to the Sierra Vista Community Center and off of Main St. The Wrecking Crew will be hosting a Chili Cook-Off 10/12, and she would like to see more smaller community events such as block parties downtown.
Harry Anderson read, the City of Colfax Vision Statement, and the City of Colfax Organizational Core Values that he found on the City website.
Item 3A
7 COUNCIL AND STAFF
7A. Committee Reports and Colfax Informational Items – All Councilmembers.
Councilmember Hillberg attended the Placer County Economic Development Board meeting. The board is willing to help Colfax do a business review. Would like to see a brainstorming meeting to find out what kind of town Colfax is.
Councilmember McCully attended a board meeting of the Bianchini Trust. The Bianchini Board granted the Sierra Vista Community Center $30,000.00 to fix their heater, and $5,000 to fix a leaking pipe. She also attended a SACOG meeting in Apple Hill, and stated there is a plan to have a production on 10/17 at the Colfax Theater.
Councilmember Burruss received an urgent time-sensitive request From Congressman Doug LaMalfa and Representative Kevin Kiley for Colfax to write a letter of support in the interest of having the newly established Collaborative Combat Aircraft Mission stationed at Beale Air Force Base. Council is all in favor of providing a letter of support, staff was directed to draft a letter of support preferably by the end of the week.
Mayor Pro Tem Lomen attended the Pioneer Community Energy Board meeting, and spoke of several programs to help customers that are being offered by Pioneer right now. 7B. City Operations Update – City Manager
Attended the Chamber Business Training event.
8 COUNCIL BUSINESS (None)
9 GOOD OF THE ORDER
Councilmember Hillberg – nothing to report
Councilmember McCully reminded that the Nevada County Food Bank is tomorrow in Cedar Ridge.
Councilmember Burruss – nothing to report
Mayor Pro Tem Lomen reminded everyone that the Sierra Fire Safe Council meeting is tomorrow night. 9A. Public Comment on Good of the Order
No public comment on good of the order.
10 CLOSED SESSION
10A. Public Comment (On the Closed Session Item only)
Councilmember Burruss moved to adjourn the Open Session and accept public comment on the Closed Session, Councilmember Hillberg seconded the motion.
No public comment on the closed session item.
Item 3A
10B. By Consensus of the Council, adjourn to a Closed Session.
Council adjourned to a Closed Session at 7:00 pm.
10C. Roll Call
Present: Councilmember Burruss, Councilmember Hillberg, Mayor Pro Tem Lomen
Absent: Mayor Douglass
Councilmember McCully recused herself from the closed session. 10D. Conference with Legal Counsel; Existing Litigation (Gov. Code, § 54956.9, subd. (d)(1)) Name of Case: ColfaxNet, LLC v. City of Colfax
Names of Parties or Claimants: ColfaxNet, LLC; City of Colfax Case Number: 2:19-cv-02167-WBS-CKD
10E. Report from Closed Session
Nothing to report from the Closed Session.
11ADJOURNMENT
As there was no further business on the agenda, Mayor Pro Tem Lomen adjourned the meeting, by motion and without objection at 7:54 p.m. Respectfully submitted to City Council this 9th day of October, 2024.
Amanda Ahre, City Clerk
Item 3A
City of Colfax Cash Summary – August 2024
Staff Report October 9, 2024
Staff Report to City Council
FOR THE OCTOBER 9, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Shanna Stahl – Administrative Services Officer Subject: Cash Summary – August 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 August 2024. Some monthly highlights are listed below:
• August revenues included:
o Allocation for Sales Tax revenues reported/paid to the State for the month of June 2024 (twomonth lag). • August 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 August 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 and the final invoice has been paid. A transfer to cover the project balance will occur next month. 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 3B
City of Colfax Cash Summary – August 2024
Staff Report October 9, 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 and the invoice has been paid. A transfer to cover the project balance will occur next month. 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 September include:
o Revenues
Allocation for Sales Tax revenues reported/paid to the State for the month of July 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 have large expenses. Ongoing monthly operating expenses.
First quarter 2024/2025 Placer County Sheriff contract payment.
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 3B
Prev Yr Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Cash Balance FY2024-25 $4,363 $4,352 $4,761
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 - August 2024
General Fund Reserved Cash Analysis
(Dollars in Thousands)
Fiscal Year 2024-25 >>
Item 3B
Balance 7/31/24 Revenues In* Expenses Out* Transfers Balance 8/31/24 US Bank $ (789,469.96) $ 684,833.29 $ (984,110.20) $ 1,150,000.00 $ 61,253.13 LAIF $ 7,832,151.30 $ - $ - $ (1,150,000.00) $ 6,682,151.30 Total Cash - General Ledger $ 7,042,681.34 $ 684,833.29 $ (984,110.20) $ - $ 6,743,404.43 Petty Cash (In Safe) $ 300.00 $ 300.00
Total Cash $ 7,042,981.34 $ 684,833.29 $ (984,110.20) $ - $ 6,743,704.43 Change in Cash Account Balance - Total $ (299,276.91)
Attached Reports:
1. Cash Transactions Report (By Individual Fund)
2. Check Register Report (Accounts Payable) $ (903,082.02) Cash Receipts $ 532,550.10
Payroll Checks and Tax Deposits $ (69,229.12)
Utility Billings - Receipts $ 140,241.79
LAIF Interest $ -
Utility Billing Tax Rolls $ -
Void Checks $ 242.34
$ (299,276.91) $ -
*Does not include transfers between funds
Prepared by:
Shanna Stahl, Administrative Services Officer
Reviewed by:
Ron Walker, City Manager
City of Colfax
Cash Summary
August 31, 2024
Shanna Stahl
Ron Walker
Item 3B
Beginning
Balance
Debit
Revenues
Credit
(Expenditures)
Ending
Balance
Fund Type: 1.11 - General Fund - Unassigned
Fund: 100 - General Fund $ 4,126,036.53 $ 505,727.12 $ (94,534.94) $ 4,537,228.71 Fund: 120 - Land Development Fees $ 207,507.14 $ 292.84 $ (3,708.87) $ 204,091.11 Fund: 200 - Cannabis Application $ 19,201.55 $ - $ - $ 19,201.55 Fund Type: 1.11 - General Fund - Unassigned $ 4,352,745.22 $ 506,019.96 $ (98,243.81) $ 4,760,521.37 Fund Type: 1.14 - General Fund - Restricted
Fund: 205 - Escrow Funds $ - $ - $ - $ -
Fund: 571 - AB939 Landfill Diversion $ 23,299.04 $ - $ - $ 23,299.04 Fund: 572 - Landfill Post Closure Maintenance $ 894,420.51 $ 21.95 $ (5,077.01) $ 889,365.45 Fund Type: 1.14 - General Fund - Restricted $ 917,719.55 $ 21.95 $ (5,077.01) $ 912,664.49 Fund Type: 1.24 - Special Rev Funds - Restricted
Fund: 210 - Mitigation Fees - Roads $ 150,590.20 $ - $ - $ 150,590.20 Fund: 211 - Mitigation Fees - Drainage $ 5,755.71 $ - $ - $ 5,755.71 Fund: 212 - Mitigation Fees - Trails $ 79,958.02 $ - $ - $ 79,958.02 Fund: 213 - Mitigation Fees - Parks/Rec $ 198,700.22 $ - $ - $ 198,700.22 Fund: 214 - Mitigation Fees - City Bldgs $ 108,015.92 $ - $ - $ 108,015.92 Fund: 215 - Mitigation Fees - Vehicles $ 23,590.51 $ - $ - $ 23,590.51 Fund: 217 - Mitigation Fees - DT Parking $ 36,395.88 $ - $ - $ 36,395.88 Fund: 218 - Support Law Enforcement $ - $ - $ - $ -
Fund: 244 - CDBG Program Inc - ME Lending $ - $ 1,800.00 $ - $ 1,800.00 Fund: 250 - Streets - Roads/Transportation $ (101,883.79) $ 62.11 $ (11,858.00) $ (113,679.68) Fund: 253 - Gas Taxes $ 44,935.73 $ 6,458.86 $ - $ 51,394.59 Fund: 257 - Street /Road - Transit Capital $ 48,346.04 $ - $ - $ 48,346.04 Fund: 258 - Road Maintenance - SB1/RSTBG $ 277,252.32 $ 4,870.30 $ - $ 282,122.62 Fund: 270 - Beverage Container Recycling $ 20,381.43 $ - $ - $ 20,381.43 Fund: 280 - Oil Recycling $ 4,018.78 $ - $ - $ 4,018.78 Fund: 290 - SB1383 Implementation Grant $ 89,093.37 $ - $ (7,060.00) $ 82,033.37 Fund: 292 - Fire Department Capital Funds $ 99,519.31 $ - $ - $ 99,519.31 Fund: 342 - Fire Construction - Mitigation $ 84,481.62 $ - $ - $ 84,481.62 Fund: 343 - Recreation Construction $ 84,482.10 $ - $ - $ 84,482.10 Fund Type: 1.24 - Special Rev Funds - Restricte $ 1,253,633.37 $ 13,191.27 $ (18,918.00) $ 1,247,906.64 Fund Type: 1.34 - Capital Projects - Restricted
Fund: 300 - GF Capital Projects $ (12,899.52) $ - $ (25,157.86) $ (38,057.38) Fund: 358 - CDBG Pavement $ (1,093,163.35) $ 16,300.00 $ (533,030.84) $ (1,609,894.19) Fund: 386 - Caboose Relocation $ - $ - $ (570.00) $ (570.00) Fund Type: 1.34 - Capital Projects - Restricted $ (1,106,062.87) $ 16,300.00 $ (558,758.70) $ (1,648,521.57) Fund Type: 2.11 - Enterprise Funds
Fund: 560 - Sewer $ 1,930,722.00 $ 96,566.87 $ (69,256.59) $ 1,958,032.28 Fund: 561 - Sewer Liftstations $ 516,252.53 $ 14,581.90 $ (27,568.47) $ 503,265.96 Fund: 563 - Wastewater Treatment Plant $ 1,364,231.63 $ 37,422.14 $ - $ 1,401,653.77 Fund: 564 - Sewer Connections $ 321,774.88 $ - $ - $ 321,774.88 Fund: 575 - WWTP Construction Grant $ (2,447,602.30) $ - $ (183,435.17) $ (2,631,037.47) Fund: 577 - Capital Projects $ (7,229.51) $ - $ (20,272.45) $ (27,501.96) Fund: 590 - Sewer Consolidation Planning $ (56,095.46) $ - $ (2,580.00) $ (58,675.46) Fund Type: 2.11 - Enterprise Funds - Unassigne$ 1,622,053.77 $ 148,570.91 $ (303,112.68) $ 1,467,512.00 Fund Type: 9.0 - CLEARING ACCOUNT
Fund: 998 - PAYROLL CLEARING FUND $ 2,592.30 $ 729.20 $ 3,321.50 Fund Type: 9.0 - CLEARING ACCOUNT $ 2,592.30 $ 729.20 $ - $ 3,321.50 Grand Totals: $ 7,042,681.34 $ 684,833.29 $ (984,110.20) $ 6,743,404.43 City of Colfax
Cash Transactions Report - August 2024
Item 3B
CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 1
Time: 9:29 am
Date: 09/05/2024
Void/Stop
Date
Reconcile
Date
US BANK Checks
60934 08/02/24 Reconciled 08/31/24 03141 CALPERS HEALTH INS PREMIUMS AUG 24 15,857.74 60935 08/06/24 Reconciled 08/31/24 01500 ANDERSON'S SIERRA CITY LAWNS/IRRIGATION 704.72 60936 08/06/24 Reconciled 08/31/24 03160 CARTWRIGHT NOR CAL, INC. ENG SVCS JULY 2024 16,435.00 60937 08/06/24 Reconciled 08/31/24 03446 CITY OF FOSTER CITY WWTP POSITION POSTINGS 1,164.00 COMMERCIAL PUMP 5,321.31
SERVICE, INC
60938 08/06/24 Reconciled 08/31/24 03562 LS FILTER CLOGGED 60939 08/06/24 Reconciled 08/31/24 4175 DATA FLOW SYSTEMS, INC. WWTP SCADA REPAIR 1,483.04 60940 08/06/24 Reconciled 08/31/24 07570 GRAINGER WWTP SUPPLIES 170.29 HILL BROTHERS CHEMICAL 5,188.76
CO.
60941 08/06/24 Reconciled 08/31/24 08159 WWTP CHEMICALS 60942 08/06/24 Reconciled 08/31/24 08660 HUNT AND SONS, LLC FUEL 949.41 60943 08/06/24 Reconciled 08/31/24 8661 HYDROCOMPLIANCE WWTP MONTHLY QSP SVCS 1,400.00 60944 08/06/24 Reconciled 08/31/24 18400 NAPA AUTO PARTS SUPPLIES 184.36 PELLETREAU, ALDERSON & 8,254.95
CABRAL
60945 08/06/24 Reconciled 08/31/24 16011(2) LEGAL SERVICES JULY 2024 60946 08/06/24 Reconciled 08/31/24 19037 SAFE SIDE SECURITY CORP YARD SECURITY AUG 24 155.00 60947 08/06/24 Reconciled 08/31/24 19037 SAFE SIDE SECURITY WWTP SECURITY AUG 24 95.00 SECURE RECORD 150.00
MANAGEMENT
60948 08/06/24 Reconciled 08/31/24 19193 SHREDDING SVCS Q1 FY 24/25 60949 08/06/24 Reconciled 08/31/24 19591 SECURITAS TECHNOLOGY DEPOT SECURITY Q4 FY 23/24 167.34 60950 08/06/24 Reconciled 08/31/24 19320 SOLENIS WWTP CHEMICALS 5,444.01 60951 08/06/24 Reconciled 08/31/24 19743 WILLIAM STOCKWIN COLFAX CONNECTION AUG 24 300.00 US BANK CORPORATE PMT 3,631.88
SYSTEM
60952 08/06/24 Reconciled 08/31/24 21560 SUPPLIES
60953 08/06/24 Reconciled 08/31/24 22134 VISION QUEST TECH SUPPORT SEPT 24 3,800.00 60954 08/06/24 Reconciled 08/31/24 22135 VISTA COMPLETE CARE NEW HIRE PHYSICALS 150.00 60955 08/06/24 Reconciled 08/31/24 23169 WAVE BUSINESS SOLUTIONS DEPOT PHONE 18.77 60956 08/06/24 Reconciled 08/31/24 23451 WOOD RODGERS INSTRUMENTATION SURVEY REPORT 1,620.00 60957 08/06/24 Reconciled 08/31/24 23451 WOOD RODGERS WWTP FINAL DESIGN JUN24 3,930.50 ALHAMBRA & SIERRA 194.36
SPRINGS
60958 08/13/24 Reconciled 08/31/24 01414 WATER
60959 08/13/24 Reconciled 08/31/24 01500 ANDERSON'S SIERRA IRRIGATION 132.45 60960 08/13/24 Reconciled 08/31/24 01766 AT&T MOBILITY CITY HALL PHONES 793.31 60961 08/13/24 Reconciled 08/31/24 2819 BIG BRAND TIRE & SERVICE PW OIL CHANGE TRK C-4 293.15 60962 08/13/24 Reconciled 08/31/24 3425 CINTAS UNIFORMS JULY 2024 444.19 CRANMER ENGINEERING, 390.00
INC.
60963 08/13/24 Reconciled 08/31/24 03650 LANDFILL ADDITIONAL TESTING 60964 08/13/24 Reconciled 08/31/24 04299 DKF SOLUTIONS GROUP WWTP TRAINING 160.00 EDWARDS HEATING & 109.00
COOLING
60965 08/13/24 Reconciled 08/31/24 05120 CITY HALL A/C REPAIR 60966 08/13/24 Reconciled 08/31/24 6203 FENNEMORE CRAIG, PC LEGAL MATTER 255.00 60967 08/13/24 Reconciled 08/31/24 7223 GEOCON CONSULTANTS INC. CDBG REHAB JUNE 24 8,525.00 60968 08/13/24 Reconciled 08/31/24 7223 GEOCON CONSULTANTS INC. CDBG REHAB JULY 24 3,547.50 60969 08/13/24 Reconciled 08/31/24 07570 GRAINGER WWTP FUSES 12.71 60970 08/13/24 Reconciled 08/31/24 07570 GRAINGER WWTP SUPPLES 124.03 MANAGEMENT ADVISORY 5,144.69
SERVICES
60971 08/13/24 Reconciled 08/31/24 13191 PLANNING SVCS JULY 24 60972 08/13/24 Reconciled 08/31/24 16040 PURCHASE POWER POSTAGE REFILL 507.00 60973 08/13/24 Reconciled 08/31/24 17951 R3 CONSULTING GROUP GRANT FUND MGMNT/EAR PREP 8,425.00 60974 08/13/24 Reconciled 08/31/24 18496 RIVER CITY RENTALS MAIN ST FLAG POLE ROPE REPLACE 825.00 60975 08/13/24 Reconciled 08/31/24 01790 SIERRA OFFICE PRODUCTS OFFICE SUPPLIES 318.93 60976 08/13/24 Reconciled 08/31/24 21500 USA BLUE BOOK, INC WWTP LAB SUPPLIES 941.87 60977 08/13/24 Reconciled 08/31/24 23169 WAVE BUSINESS SOLUTIONS CITY HALL PHONES 215.72 60978 08/13/24 Reconciled 08/31/24 23206 WECO INDUSTRIES JETTER REPAIR 2,264.41 60979 08/13/24 Reconciled 08/31/24 23301 WESTERN PLACER WASTE SLUDGE REMOVAL JULY 24 1,338.27 60980 08/13/24 Reconciled 08/31/24 23453 WM LYLES ALGAE REDUCTION JUNE 24 157,520.67 60981 08/16/24 Reconciled 08/31/24 2087 BASIC PACIFIC FSA BENEFIT PYMT AHRE 109.00 60982 08/19/24 Reconciled 08/31/24 03141 CALPERS GASB REPORTING FEE 700.00 60983 08/22/24 Printed 1161 49ER WATER SERVICES WWTP TESTING JUNE 2024 6,269.00 Item 3B
CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 2
Time: 9:29 am
Date: 09/05/2024
Void/Stop
Date
Reconcile
Date
US BANK Checks
60984 08/22/24 Printed 1179 AA COLFAX FELLOWSHIP 6TH ANNUAL PICNIC DEPOSIT RTN 100.00 60985 08/22/24 Reconciled 08/31/24 01270 ADAMS ASHBY GROUP, INC. CDBG LABOR COMPLIANCE JUN 24 5,500.00 60986 08/22/24 Reconciled 08/31/24 01270 ADAMS ASHBY GROUP, INC. CDBG GENERAL ADMIN JULY 24 5,000.00 60987 08/22/24 Reconciled 08/31/24 01270 ADAMS ASHBY GROUP, INC. CDBG LABOR COMPLIANCE JUL 24 5,500.00 BUREAU VERITAS NORTH 5,760.00
AMERICA
60988 08/22/24 Reconciled 08/31/24 02901 BLDG OFFICIAL SVCS JULY 24 60989 08/22/24 Reconciled 08/31/24 03401 CHOICE BUILDER PREMIUMS SEPT 2024 675.31 60990 08/22/24 Reconciled 08/31/24 3475 CLARK PEST CONTROL PEST CONTROL 537.00 60991 08/22/24 Printed 04592 DACOMM WWTP INTERNET SEPT 2024 103.45 60992 08/22/24 Reconciled 08/31/24 14859 GHD INC. CDBG ROAD REHAB JULY 24 4,676.22 GOLD MOUNTAIN 204.64
CALIFORNIA
60993 08/22/24 Reconciled 08/31/24 07460 PUBLIC NOTICE ELECTION GOLD MOUNTAIN 217.91
CALIFORNIA
60994 08/22/24 Reconciled 08/31/24 07460 SHORT TERM RENTAL NOTICE GOLD MOUNTAIN 177.89
CALIFORNIA
60995 08/22/24 Reconciled 08/31/24 07460 ZONING PUBLIC NOTICE GOLD MOUNTAIN 169.16
CALIFORNIA
60996 08/22/24 Reconciled 08/31/24 07460 FINANCE DIRECTOR JOB AD HILL BROTHERS CHEMICAL 3,632.14
CO.
60997 08/22/24 Reconciled 08/31/24 08159 WWTP CHEMICALS LAWRENCE & ASSOCIATES 1,397.50
INC
60998 08/22/24 Reconciled 08/31/24 12180 LANDFILL MONITORING JULY 24 60999 08/22/24 Reconciled 08/31/24 12201 MARK LEATHERS 2024 BOOT ALLOWANCE 257.37 61000 08/22/24 Reconciled 08/31/24 16300 PCWA -PLACER COUNTY WATER 3,975.20 61001 08/22/24 Reconciled 08/31/24 16040A PITNEY BOWES POSTAGE MACH LEASE Q1 167.84 PLACER COUNTY 96.55
DOCUMENT
61002 08/22/24 Reconciled 08/31/24 16192 WINDOW ENVELOPES 61003 08/22/24 Printed 19037 SAFE SIDE SECURITY WWTP CCTV REPAIR 340.00 61004 08/22/24 Printed 19037 SAFE SIDE SECURITY CORP YARD/BALL FIELD CCTV REP. 681.00 61005 08/22/24 Printed 19037 SAFE SIDE SECURITY WWTP CCTV REPAIR 620.00 61006 08/22/24 Printed 19037 SAFE SIDE SECURITY BALL PARK CCTV BATTERY 40.00 61007 08/22/24 Reconciled 08/31/24 19396 SIERRA SAFETY COMPANY NO PARKING SIGNS 193.05 61008 08/22/24 Reconciled 08/31/24 19474 SIMPSON & SIMPSON METAL BLDGS 45,430.31 61009 08/22/24 Reconciled 08/31/24 23169 WAVE BUSINESS SOLUTIONS CORP YARD INTERNET 71.83 61011 08/29/24 Printed 01448 AMERIGAS - COLFAX SHERIFF DEPT PROPANE 12.86 61012 08/29/24 Printed 01500 ANDERSON'S SIERRA WWTP SUPPLIES 185.38 BUREAU VERITAS NORTH 165.00
AMERICA
61013 08/29/24 Printed 02901 PLAN CHK - COLFAX HOTEL
61014 08/29/24 Printed 04234 DE LAGE LANDEN FINANCIAL COPY MACH LEASE SEPT 2024 504.79 FRONTIER 275.55
COMMUNICATIONS
61015 08/29/24 Printed 06278 WWTP PHONE
61016 08/29/24 Printed 7223 GEOCON CONSULTANTS INC. I&I CONST MGMNT JUN 24 2,830.00 61017 08/29/24 Printed 07570 GRAINGER ELECTRICITY MTR/CURRENT TESTER 192.17 HANSEN BROS. 494,672.82
ENTERPRISES
61018 08/29/24 Printed 08070 CDBG ROAD REHAB JULY 2024
61019 08/29/24 Printed 08170 HILLS FLAT LUMBER CO SUPPLIES 1,095.82 HINDERLITER, DE LLAMAS & 600.00
ASSOC
61020 08/29/24 Printed 08200 SALES TAX AUDIT Q1 24/25
61021 08/29/24 Printed 08660 HUNT AND SONS, LLC FUEL 745.30 61022 08/29/24 Printed 8661 HYDROCOMPLIANCE WWTP MONTHLY QSP AUG 2024 1,400.00 61023 08/29/24 Printed 23101 LARRY WALKER ASSOCIATES NPDES PERMIT ASS JULY 2024 130.50 61024 08/29/24 Printed 17951 R3 CONSULTING GROUP SB1383 COMPLIANCE/EAR REPORT 3,911.25 61025 08/29/24 Printed 18193 RECOLOGY AUBURN PLACER 23/24 TEETER 5% TAX ROLLS 617.08 61026 08/29/24 Printed 19396 SIERRA SAFETY COMPANY SIGNS FOR CORP YARD/SPLASH PAD 854.14 61027 08/29/24 Printed 20538 TROJAN TECHNOLOGIES WWTP SUPPLES 4,175.94 61028 08/29/24 Printed 21105 UNICO ENGINEERING ARCO/MAIDU CONST INSP JUL 23 2,069.20 US BANK CORPORATE PMT 10,869.22
SYSTEM
61029 08/29/24 Printed 21560 SUPPLIES
61030 08/29/24 Printed 21500 USA BLUE BOOK, INC WWTP LAB SUPPLIES 325.39 61031 08/29/24 Printed 23169 WAVE BUSINESS SOLUTIONS CITY HALL INTERNET 159.90 61032 08/29/24 Printed 23451 WOOD RODGERS SEWER CONSOLIDATION 2,580.00 Item 3B
CITY OF COLFAX
Check Register Report
Check
Date
Check
Number
Status Amount
BANK:
Vendor
Number Vendor Name Check Description
US BANK Page: 3
Time: 9:29 am
Date: 09/05/2024
Void/Stop
Date
Reconcile
Date
US BANK Checks
61033 08/29/24 Printed 23451 WOOD RODGERS WWTP INSTRUMENTATION JULY 24 780.00 61034 08/29/24 Printed 23451 WOOD RODGERS WWTP FINAL DESIGN JULY 24 12,269.00 Total Checks: 100 Checks Total (excluding void checks): 903,082.02 Total Payments: 100 Bank Total (excluding void checks): 903,082.02 Total Payments: 100 Grand Total (excluding void checks): 903,082.02 Item 3B
City of Colfax Trojan UV – UV Lamp & Sleeve Purchase
Staff Report October 9, 2024
Staff Report to City Council
FOR THE OCTOBER 9, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Trojan UV – UV Sleeve & Lamp Purchase
Budget Impact Overview:
N/A: Funded: √ Un-funded: Amount: $25,906.99 Fund(s): 560 Summary/Background
The wastewater treatment facility is required to disinfect the treated water before discharging it into the environment, ultraviolet (UV) light is used to accomplish this. UV is a safe and environmentally friendly way to disinfect wastewater. It provides broad-spectrum protection against a wide range of pathogens, including bacteria, viruses, and chlorine-resistant protozoa such as cryptosporidium and giardia. The UV system is designed to increase and/or decrease light intensity based on the incoming flow rate from the filtration unit.
The City utilizes a UV system built by Trojan UV, it is a very complicated system requiring trained professionals to service and trouble shoot for anything above basic maintenance. Staff has contacted Trojan UV to set up a service agreement, but Trojan UV will not service equipment that contains non-Trojan UV parts such as aftermarket UV lamps.
The Trojan UV3000 Plus system at the wastewater treatment facility uses 3 independent disinfection banks, and each bank is fitted with 5 hangers with 4 bulbs each, totaling a quantity of 60 sleeves and lamps. Each hanger is fitted with a ballast system to allow for changes in lamp output intensity. Each hanger is set up with canisters that individually clean each quartz sleeve, allowing for maximum lamp out to achieve disinfection. The canisters are all connected to a hydraulic pump drive system.
RECOMMENDED ACTION: Adopt Resolution __-2024 authorizing the City Manager to execute an agreement with Trojan UV to Purchase UV Lamps for the Wastewater Treatment System.
Item 3C
City of Colfax Trojan UV – UV Lamp & Sleeve Purchase
Staff Report October 9, 2024
At some point in the past, the city had purchased and installed aftermarket lamps in an effort to save money.
The lamps will need to be changed in a few months, and Trojan UV is offering replacement lamps at a discounted price and will provide 2 free technical visits for the first year of a service agreement if the city purchases the lamps now. The lamps are housed in removable quartz sleeves which are scratched and stained and will need to be replaced when the lamps are replaced.
Lamp with Newer
Sleeve
Current condition of 98%
of all the Sleeves.
Item 3C
City of Colfax Trojan UV – UV Lamp & Sleeve Purchase
Staff Report October 9, 2024
Conclusions and Findings
The sleeves are approaching the end of their useful life, and the best practice is to replace the sleeves when the lamps are replaced. The after-market lamps are nearing the end of their useful life cycles, and Trojan is requiring the city to replace the sleeves and lamps with Original Equipment Manufacturer (O.E.M.) parts before they will enter into a service contract with the city.
Fiscal Impacts
The fiscal Impacts are $25,906.99
Attachments:
1. Resolution __-2024
2. Trojan UV Quotation
Item 3C
_________________________________________________________________________________________ City of Colfax Trojan UV – UV Lamp & Sleeve Purchase
Resolution _-2024
City of Colfax
City Council
Resolution № __-2024
APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH TROJAN U.V. TO PURCHASE U.V. LAMPS AND SLEEVES FOR THE WASTEWATER TREATMENT FACILITY AT A COST NOT TO EXCEED $25,906.99.
WHEREAS, the wastewater treatment facility is required to disinfect the treated water before discharging it, and ultraviolet (UV) light is used to accomplish this; and, WHEREAS, UV is a safe and environmentally friendly way to disinfect wastewater. It provides broad-spectrum protection against a wide range of pathogens, including bacteria, viruses, and chlorineresistant protozoa such as cryptosporidium and giardia; and, WHEREAS, The city utilizes a UV system built by Trojan UV, it is a very complicated system requiring trained professionals to service and troubleshoot for anything above basic maintenance; and, WHEREAS, Staff has contacted Trojan UV to set up a service agreement, but Trojan UV will not service equipment that contains non-Trojan UV parts such as aftermarket UV lamps; and, WHEREAS, At some point in the past, the city had purchased and installed aftermarket lamps in an effort to save money; and,
WHEREAS, the U.V. lamps and sleeves are nearing the end of their useful life, and will need to be replaced soon: and,
WHEREAS, Trojan UV is offering replacement lamps at a discounted price and will provide 2 free technical visits for the first year of a service agreement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Colfax approves and authorizes the City Manager to execute an agreement with Trojan UV for replacement lamps.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on October 9, 2024, by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Kim Douglass, Mayor
ATTEST:
________________________________________
Amanda Ahre, City Clerk
Item 3C
QUOTATION
QO0014211
TROJAN TECHNOLOGIES
3020 GORE ROAD
LONDON, ON N5V 4T7
CANADA
T. 519-457-3400
www.trojantechnologies.com
Sold to Ship to
CITY OF COLFAX City Of Colfax
PO BOX 702 23550 Grand View Way
Colfax CA 95713-0702 Colfax CA 95713-0001
UNITED STATES UNITED STATES
Customer Service Contact : [email protected] Payment Terms : 0% / 00 / 30 net Internal Sales Rep : Heather Conine Delivery Terms : DELIVERED DUTY PAID Customer No. : 100003639 Carrier/LSP : Reference :
Quote Date : 08-12-2024
Quote Expiry Date : 09-11-2024
Project Quantity Price Unit Net Price Tax Rate
Line Item Discount % Net Amount Tax Amount Amount
Description
10 794447-0RD 60.00 250.00/ EA 250.00 7.25% 16,087.50
LAMP P, GA64T6HE ANGLE BASE 15,000.00 1087.50
11 316136 60.00 157.05/ EA 141.34 7.25% 9,095.55
SLEEVE, QTZ UV3+ 28x25x1958 10.00 % 8,480.70 614.85
20 FREIGHT 1.00 675.00/ EA 675.00 7.25% 723.94
FREIGHT & HANDLING 675.00 48.94
Goods 23,480.70 Discount 942.30 Tax Amount Total USD
Costs 675.00 Subtotal 24,155.70 1,751.29 25,906.99
Item 3C
QUOTATION
QO0014211
TROJAN TECHNOLOGIES
3020 GORE ROAD
LONDON, ON N5V 4T7
CANADA
T. 519-457-3400
www.trojantechnologies.com
Terms and Conditions
All purchases of Trojan products and/or services are expressly and without limitation subject to Trojan's Terms and Conditions of Sale ("Trojan" or "SELLER"), incorporated herein by reference and published on Trojan's website https: www.trojantechnologies.com/sales-terms-conditions/ Trojan TCS are incorporated by reference into each of Trojan's offers or quotations, order acknowledgments, and invoice and shipping documents. The first of the following acts shall constitute an acceptance of Trojan's offer and not a counteroffer and shall create a contract of sale ("Contract") in accordance with the Trojan TCS, subject to Trojan's final credit approval: (i) Buyer's issuance of a purchase order document against Trojan's offer or quotation; (ii) Trojan's acknowledgement of Buyer's order; or (iii) commencement of any performance by Trojan in response to Buyer's order. Provisions contained in Buyer's purchase documents that materially alter, add to or subtract from the provisions of the Trojan’s TCS shall be null and void and not considered part of the Contract.
www.trojantechnologies.com/sales-terms-conditions
Item 3C
City of Colfax Administrative Remedies Procedure to Challenge Fees, Staff Report October 9, 2024 Charges, and Assessments
Staff Report to City Council
FOR THE OCTOBER 9, 2024 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Conor Harkins, City Attorney
Subject: Ordinance Establishing Administrative Remedies Procedure for Challenges to Fees, Charges, and Assessments
Budget Impact Overview:
N/A: Funded: Un-funded: √ Amount: Fund(s):
Summary/Background
The City Council is being asked to introduce and waive first reading of an ordinance establishing an administrative remedies procedure for challenges to fees, charges, and assessments.
Discussion
Assembly Bill 2257 (2024) (adding Government Code sections 53759.1 and 53759.2) provides the City with a new tool to defend against challenges to fees, charges, and assessments adopted under Prop. 218 (Cal. Const., Art. XIII D). If the City follows certain procedures, a ratepayer who fails to submit a written objection before the close of the Prop. 218 protest hearing will be barred from challenging the fee, charge, or assessment later on.
The California Constitution grants the City additional authority to enforce any local, police, sanitary, or other ordinance not in conflict with general laws, and to establish and operate public works upon conditions and under regulations that the City may prescribe. (Cal. Const., Art. XI, §§ 7, 9.) Based on this authority, the ordinance also requires objections be timely submitted to challenge fees or charges adopted under Article XIII C of the California Constitution, any assessment on real property, or the methodology used to develop any fee, charge, or assessment.
This ordinance establishes the process the City must follow to limit challenges in this way. The City must:
1. Make the proposed fee, charge, or assessment publicly available at least 45 days before the deadline for submitting written objections;
2. Post a written basis for the proposed fee, charge, or assessment on the City’s website and include a link to that website on public hearing notices sent to ratepayers or property owners;
3. Mail the written basis for the proposed fee, charge, or assessment to ratepayers or property owners upon request;
RECOMMENDED ACTION: Introduce and waive first reading of ordinance establishing an administrative remedies procedure for challenges to fees, charges, and assessments.
Item 9A
City of Colfax Administrative Remedies Procedure to Challenge Fees, Staff Report October 9, 2024 Charges, and Assessments
4. Provide at least 45 days for ratepayers or property owners to submit written objections to the fee, charge, or assessment;
5. Respond in writing to any timely submitted objections with an explanation for keeping or changing the proposed fee, charge, or assessment;
6. Present any timely submitted objections and responses thereto to the City Council for its consideration, either before or during the public hearing on the proposed fee, charge, or assessment;
7. Include on its public hearing notices a statement in bold-faced type of 12 points or larger:
a. That all written objections must be submitted to the City Clerk by the end of public comment period at the hearing, that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court, and that any such action will be limited to issues identified in such objections; and b. All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment.
Fiscal
This ordinance will require a small amount of additional staff time to comply with its notice and comment procedures.
Environmental Review
This Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 21065 and 15061(b)(3) as the establishment of an administrative remedies procedure will not result in a reasonably foreseeable direct or indirect physical change in the environment.
Attachments
1. Proposed Ordinance
Item 9A
377019.1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLFAX ADOPTING
AN ADMINISTRATIVE REMEDIES PROCEDURE FOR CHALLENGES TO FEES,
CHARGES, AND ASSESSMENTS
______________________________________________________________________________ Be it ordained by the Council of the City of Colfax:
Section 1. AUTHORITY. This Ordinance is authorized by the City’s authority under California Constitution, article XI, sections 7 (police power) and 9 (utility power) as well as Government Code section 53759.1.
Section 2. CODE AMENDMENT. Chapter 1.28 (Public Hearing Procedures) of Title 1 (General Provisions) of the Colfax Municipal Code is hereby amended to add a new section 1.28.140 to read as follows:
Section 1.04.020 — Exhaustion of administrative remedies for challenges to fees, charges, and assessments on real property.
A. Scope. The duty to exhaust administrative remedies imposed by this section extends to:
a. any fee or charge subject to articles XIII C or XIII D of the California Constitution,
b. any assessment on real property levied by the City, and c. the methodology used to develop and levy such a fee, charge, or assessment.
B. “Hearing” as used in this section means the hearing referenced in paragraph 4 of subsection D of this section.
C. Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the City, unless that person submitted to the City Clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence.
Item 9A
377019.1
D. Procedures. The City shall:
(1) Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D.
(2) Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer’s report, and include a link to the internet website in the written notice of the Hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution. (3) Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request.
(4) Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the City Clerk a written objection to that fee, charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall be submitted before the end of the public comment portion of a Hearing on the rate, charge or assessment. (5) Include in a written notice of the Hearing, a statement in bold-faced type of 12 points or larger:
(A) That all written objections must be submitted to the City Clerk by the end of public comment period at the Hearing and that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court and that any such action will be limited to issues identified in such objections.
(B) All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment such as those specified for a property-related fee under California Constitution, article XIII D, section 6(a) or for an assessment on real property under California Constitution, article XIII D, section 4(e).
E. Council Consideration; City Responses. Before or during the Hearing, the City Council shall consider and the City shall respond in writing to, any timely written objections. The City Council may adjourn the Hearing to another date if necessary to respond to comments received after the agenda is posted for the meeting at which the Hearing occurs. The City’s responses shall explain the Item 9A
377019.1
substantive basis for retaining or altering the proposed fee, charge, or assessment in response to written objections, including any reasons to reject requested amendments.
F. City Council Determinations. The City Council, in exercising its legislative discretion, shall determine whether:
(1) The written objections and the City’s response warrant clarifications to the proposed fee, charge, or assessment.
(2) To reduce the proposed fee, charge or assessment.
(3) To further review the proposed fee, charge, or assessment before determining whether clarification or reduction is needed. (4) To proceed with the Hearing, to continue it, or to abandon the proposal.
SECTION 3. CEQA FINDINGS. The City Council finds that adoption of this Ordinance is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof despite the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect 30 days after its adoption pursuant to Government Code section 36937.
SECTION 6. PUBLICATION. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published pursuant to Government Code section 36933.
INTRODUCED and first read at a regular meeting of the City Council on the _____ day of __________ 2024.
Item 9A
377019.1
FINAL PASSAGE AND ADOPTION by the City Council of the City of Colfax was at a meeting held on the _____ day of _______ 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
______________________________
Kim A. Douglass, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Conor W. Harkins, City Attorney Amanda Ahre, City Clerk Item 9A