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.
July 22, 2026
Colfax Council Agenda
CityCouncil Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Caroline McCully ⋅ Mayor Pro Tem Larry Hillberg
Councilmembers Trinity Burruss ⋅ Kim Douglass ⋅ Sean Lomen
REGULARMEETINGAGENDA
July 22, 2026
Open 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.
While the City makes every effort to allow public participation in City Council meetings via Zoom and Facebook Live as described above, we cannot guarantee these services will be accessible. We encourage interested members of the public to submit written comments in advance of the meeting or attend the meeting in person. 1 OPEN SESSION
1A. Call Open Session to Order
1B. Pledge of Allegiance
1C. Roll Call
1D. Approval of Agenda Order
Thisis the 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. 1E. Statement of Conflict of Interest
2 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: By motion, approve the Consent Calendar. 1 Colfax City Council Meetings are ADA compliant. If you need disability-related modification or accommodation including auxiliary aids or services to participate in this meeting, please contact the City Clerk at (530) 346-2313 at least 72 hours prior to make arrangements for ensuring your accessibility.
July 22, 2026
Colfax Council Agenda
2A. City Projects Report
Recommended Action: Accept report.
2B. Minutes – June
Recommended Action: Approve the Colfax City Council minutes dated June 24, 2026 (Regular 2C. Refuse Collection Rate Adjustment
Recommended Action: Receive and file
Recommended action: Waive second reading and adopt ordinance to amend the zoning code to bring it into conformance with the City’s housing element to be effective in 30 days. *** End of Consent Calendar ***
3 AGENCY REPORTS -
3A. Placer County Sheriff’s Office
3B. California Highway Patrol
3C. Placer County Fire Department/CALFIRE
3D. Caltrans
3E. Non-Profits
4 PRESENTATIONS (NONE)
5 PUBLIC HEARING (NONE)
6 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 notexceed 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.
Public comment received by members of the public.
7 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 2 (Pages 4-8)
Recommended Action: Approve the Colfax City Council minutes dated June 24, 2026 (Regular Meeting), JM June 24, 2026 (Special Meeting) and July 8, 2026 (Regular Mreeting) (Pages 14-15) (Pages 9-13)
(Pages
20-135)
(Pages 136-190)
2D. Residential Care Facilities (Pages 19 1-202)
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.
July 22, 2026
Colfax Council Agenda
I, Gabrielle Christakes, City Clerk for the City of Colfax, declare that this agenda was posted July 17, 2026 in accordance with the Brown Act at Colfax City Hall, Colfax Post Office United States. The agenda is also available on the City website at http://colfax-ca.gov/
Gabrielle Christakes, 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 tothe 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. 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. 7A. Committee Reports and Colfax Informational Items – All Councilmembers 7B. City Operations Update – City Manager
8 COUNCIL BUSINESS
8A. Consideration to Recombine Economic Development – Community Support and Events Appropriations into a single budget line item
Recommended action: Provide direction to staff regarding Economic Development and Events appropriations for 2026-2027 budget.
8B. Adoption of Sales Tax and Resolution Submitting Measure to Voters Recommended action: Adopt tax ordinance; adopt resolution submitting ordinance to voters 9 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.
9A. 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.
10 CLOSED SESSION
10A. Conference with Legal Counsel; Initiation of Litigation (Gov. Code § 54956.9(d)(4)) Number of potential Cases: 1
ADJOURNMENT
3 (Pages 203-206)
(Pages 207-220)
(Pages 221-231)
City of Colfax City Project(s) Report
Staff Report July 22, 2026
Staff Report to City Council
FOR JULY 22, 2026 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: City Projects Report
Budget Impact Overview:
N/A: √ Funded: Un-funded: Amount: Fund(s):
Summary/Background
The following is a list of projects, by department, which have either been completed or are in progress.
Week of June 28 -July 4, 2026
City Manager
• Met with City Clerk to discuss required training for Council members. • Met with Casey, City Maintenance Supervisor to discuss 3rd of July event preparation. • Agenda Prep.
• Worked July 3rd to help the maintenance team.
Planning Department
• Out of the Office
Maintenance Department
• Pressure washed the street and painted the crosswalks at the Depot red and white. • Weed trimmed in front of the Best Western, the Motor Lodge, behind Hansen Bros., Roy Toms, Culver Street, Church Street, and Rising Sun Road.
• Laid new bark in front of the Memorial Building.
• Poured concrete in front of City Hall and installed a new planter. • Repaired broken irrigation in multiple areas throughout town. • Replaced string light bulbs at Art Park.
• Hung banners at the Depot.
• Completed removal of old bark at the Depot, installed new landscape fabric, applied pre-emergent, and spread new bark.
• Painted all curbs at the Depot.
• Completed multiple 811 utility locates.
• Set up barricades for the July 3rd parade and fireworks event. • Worked the July 3rd community parade
RECOMMENDED ACTION: Accept report.
Item 2A4
City of Colfax City Project(s) Report
Staff Report July 22, 2026
Wastewater Treatment Plant/Sewer
• No issues in collection system.
• Solids in system coming down due to pressing
• Control point setting up for Lift Station 1 cutover. Found Soft start on pump 2 not working, Need to replace both Soft start units for lift Station 1.
• Weed abatement around the plant.
• Processing water out of pond 3
• Plant flows Normal this week.
City Clerk
• Prepare Council Meeting minutes for June 24th, 2026 Regular and Special Meeting • CivicPlus training
• Staff Meeting
• Prepare Resos for Signature
• Set-up AB1825 (Supervisor) for Tim in Chambers.
• Completed AB1825 training.
• Review Record Retention policies and procedures
Administrative Services
• Reviewed and approved payroll.
• Developed a journal entry template for the City.
• Calculate 3Q 2026 LAIF interest allocation.
• Did a journal entry to post the LAIF interest in the GL for 3Q. • Reviewed and approved cashiering batches.
• Worked on updating the sewer delinquency list as of 07/01/2026 to be sent to the County no later than 07/23/2026.
• Approved deposit.
• Did the 1st UB data pull for the ERP Pro conversion of the UB module. • Worked with Cecilia on UB receivables out of balance. • Completed April monthly cash reconciliation.
Engineering
• Emails and general coordination; staff meeting, complaints • Hunter Lane construction review
• Skatepark coordination
• CDBG – coordination for work to start next week
• Assist staff with July 3rd event preparation
• Encroachment permits and coordination with PW staff
Building/Code Enforcement
• Orielly’s: They changed Geotech companies and provided full analysis. Plans corrected and submitted to BV for final review. Confirmed with BV that they have all the documents for approval.
Item 2A5
City of Colfax City Project(s) Report
Staff Report July 22, 2026
• Garage conversion to JADU at 406 N. Main St.: Providing info to owner’s worker in order to complete the project. Partial footing poured under the perimeter of the building. • Many weed abatement complaints. Notice of Violation flyers has been very effective in compliance and phone calls to repeat owners from previous years.
• Working with owner of the property next to Chevron. Construction company has been working at night, which is violation of the municipal code. Informed owner that he is responsible for the actions of the tenant.
• Working with foreman at the skate park. The project grading is almost complete.
Week of July 5 -11, 2026
City Manager
• Met with the City Engineer to discuss the CDBG paving project that is scheduled to start Monday, July 13th, Depot St., Marvin Ave., E Church St., and E. Oak St. • I have made drop-in inspections of the Skate Park project area and found that the contractor has started forming for concrete.
• Attended a meeting with 4-leaf, and Cal OES to discuss the FEMA Home Hardening Defensible Space Grant submissions of residences that are ready to move forward with the process. • Attended the City Council Meeting.
• Signed Council Approved Local 39 Contract.
• Met with Jaylen Wright, SCS United States Postal Service to discuss their Management System Manager to update city residential postal addresses.
Planning Department
• Continued zoning inquiries regarding Kneeland property • Zoning confirmation letter for 130 Whitcomb
• Updated staff report for 2nd reading of Residential Care Facilities (consent on July 22nd) • Meeting and research on cultural resources/CEQA for Sierra Oak subdivision related to home hardening • Still waiting for confirmation from post office that addresses have been assigned.
Maintenance Department
• Picked up all barricades from the July 3 event.
• Cleared weeds in front of Mountain Village.
• Cleared weeds the entrance to the splash pad.
• Cleared weeds the entrance and exit of the baseball field. • Completed multiple 811 utility locates.
• Pressure washed and cleaned up Roy Toms area.
• Mowed most City parks.
• Removed dumped couches, beds, and other household items from Sherwood. • Repaired broken irrigation at the ballpark.
• Completed the City's backflow inspections; all inspections passed.
Item 2A6
City of Colfax City Project(s) Report
Staff Report July 22, 2026
Wastewater Treatment Plant/Sewer
• No issues in collection system.
• Solids in system coming down due to pressing
• Control point at lift station 1 for cutover. Control point installing communications at lift station 3 and 5 • Weed abatement around the plant.
• Processing water out of pond 3
• Plant flows Normal this week.
City Clerk
• Staff Meeting
• Records Retention (document identification)
• Webpage training videos.
• CivicPlus Minute module training
• Clerked Regular Council Meeting
• Attended Candidate Filing Workshop
• Work with Conor on Sales Tax Ballot Measure w/Placer County.
Administrative Services
• Attended Tyler status biweekly meeting with Heather and Matthew (Tyler Project Manager). • Attended Tyler UB CFSA (current future state analysis) meeting Monday and Tuesday afternoon with Heather and Tyler UB implementation specialist.
• Updated the represented and non-represented pay scales for payroll PAF updates. • Reviewed and approved cashiering batches.
• Completed updating the sewer delinquency list as of 07/07/2026 to be sent to the County no later than 07/23/2026. Sent out a final delinquency notification with the utility bills. • Approved deposit.
• Met with R3 regarding SB1383, organic waste to go over what they need to do the City reporting and the items we need to update to be compliant. The City needs to setup SB1383 log and start reporting what the City purchases in paper products to be compliant. • Participated in a meeting with 4Leaf regarding the Home Hardening grant and what CalOES is asking for to do compliance testing. I answered the questionnaire and provided financial documents and policies that were on the list provided to the City by CalOES.
Engineering
• Emails and general coordination; staff meeting, complaints • Hunter Lane construction review
• Skatepark coordination
• CDBG – coordination
• Visit GSPC for new sign
• Sewer evaluations
• Encroachment permits and coordination with PW staff
Item 2A7
City of Colfax City Project(s) Report
Staff Report July 22, 2026
Building/Code Enforcement
• Orielly’s: BV has approved retaining wall plans. Preparing documents for permit. • Garage conversion to JADU at 406 N. Main St.: Another partial footing poured under the perimeter.
Inspected the next footing.
• Many weed abatement complaints. Following up on the Notice of Violations. Majority have been completed.
• Working with foreman at the skate park. Forms are finished and rebar installation under way. • 211 Grass Valley St.: final inspection completed for the new ADU that replaced the house that burned down.
Item 2A8
CityCouncil Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Caroline McCully ⋅ Mayor Pro Tem Larry Hillberg
Councilmembers Trinity Burruss ⋅ Kim Douglass ⋅ Sean Lomen
DRAFT REGULAR MEETING MINUTES
June 24, 2026
Open Session 6:01 PM
1 OPEN SESSION
1A. Call Open Session to Order
The June 24, 2026 City of Colfax City Council was called to order at 6:01 p.m. by Mayor McCully. 1B. Pledge of Allegiance
1C. Roll Call
Present: Councilmembers Kim Douglass, Sean Lomen, Trinity Burruss, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully
Absent: None
1D. Approval of Agenda Order
Thisis the time for changes to the agenda to be considered including removal, postponement, or change to the agenda sequence.
Action: With a motion by Councilmember Trinity Burruss and a second by Councilmember Sean Lomen, Council voted 5-0 to accept the Agenda Order as presented.
Ayes: Councilmembers Kim Douglass, Sean Lomen, Trinity Burruss, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully
Noes: None
Abstain: None
Absent: None
1E. Statement of Conflict of Interest
No new conflicts were identified by the Council or the public. 2 CONSENT CALENDAR
Item 2B9
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 anitem pulled from the Consent Agenda for discussion, please notify the Mayor.
Action: approval of minutes, should read, “With a motion by Councilmember Burrus and a second by Councilmember Hillberg, Council voted 5-0 approving the Consent Calendar with the removal of Items 2(C) and 2(E) for separate consideration
Ayes: Councilmembers Sean Lomen, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully, Trinity Burruss.
Noes: None
Abstain: None
Absent: None
2A. City Projects Report
Recommended Action: Accept report.
2B. Minutes – June 10, 2026 Regular Meeting
Recommended Action: Approve the Colfax City Council minutes dated June 10, 2026 (Regular Meeting),
2D. Local 39 Employment Labor Agreement
Recommended Action: Approve Resolution No. -2026, authorizing the Mayor and City Manager to execute the updated Memorandum of Understanding between the City of Colfax and IOUE, Stationary Engineers, Local 39 Representing General Employees July 1, 2026 through June 30, 2029.
With a Motion by Councilmember Trinity Burruss and a second by Mayor Pro Tem Larry Hillberg, Council voted 5/0 to approve Items 2A, 2B and 2D
Ayes: Councilmembers Sean Lomen, Kim Douglass, Trinity Burruss, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: None
*** End of Consent Calendar ***
2C. Forklift for Wastewater Plant
Recommended Action: Adopt Resolution __-2026 Authorizing the City Manager to purchase a forklift for the Wastewater Treatment Plant in an amount not to exceed $43,144.04 and authorize the City Manager to execute all necessary purchase documents.
With a Motion by Councilmember Trinity Burruss and a second by Councilmember Sean Lomen, Council voted 5/0 to approve Item 2C
Ayes: Councilmembers Sean Lomen, Kim Douglass, Trinity Burruss, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Item 2B10
Noes: None
Abstain: None
Absent: None
2E. Employee Handbook Update
Recommended Action: Approve Resolution No. -2026, adopting the updated City of Colfax Employee Handbook to supersede the Employee Handbook adopted July 1, 2017, and authorizing the City Manager to make non-substantive corrections as needed.
With a Motion by Councilmember Trinity Burruss and a second by Mayor Pro Tem Larry Hillberg, Council voted 5/0 to approve Item 2E
Ayes: Councilmembers Sean Lomen, Kim Douglass, Trinity Burruss, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
3 AGENCY REPORTS -
3A. Placer County Sheriff’s Office
Sgt. Tobi Williams reported:
• The missing elderly gentleman remains missing. Four search operations have been conducted to date, and follow-up efforts continue on all investigative leads. • Assisted CHP with traffic control and incident management for an overturned big rig. • Responded to a DUI-related collision at Highway 174 and Main Street. The driver was arrested and booked for driving under the influence.
Public Comment question will be addressed by CalFire
3B. California Highway Patrol
Lt Blayne Kilkenny, Gold Run CHP reported:
• There were 1,719 enforcement contacts over the last month, resulting in 1,160 traffic citations (including 835 for speeding) and 11 arrests.
• Maximum enforcement operations will be in effect during the July 4 holiday period. • On June 20, 2026, a statewide maximum DUI enforcement operation was conducted, resulting in 85 enforcement contacts, 16 citations, and 0 DUI arrests.
• Compared to the same time period one year ago, there was an 18% reduction in accidents.
No public comment received
Item 2B11
3C. Placer County Fire Department/CALFIRE
Battalion Chief Josh White reported:
• Completed a 26-acre prescribed burn at the Wastewater Treatment Plant. • All stations are currently operating at peak staffing levels. • On July 2, training will be conducted for new firefighters in the Burnt Flat area across approximately 14 acres. This training will also provide valuable leadership and management development opportunities for company officers, as well as future fire prevention management training.
• Conducted aircraft training with newer pilots over the past several days, involving an air attack plane, air attack tankers, and one helicopter. Training included operations with the Chinook out of Truckee and focused on aggressive wildfire suppression tactics in canyon environments, as well as ensuring effective communication and coordination.
• No public comments were received
3D. Caltrans None
3E. Non-Profits None
4 PRESENTATIONS None
5 PUBLIC HEARING None
8 COUNCIL BUSINESS
8A.
Renewal of Agreement for Law Enforcement Services with the Placer County Sheriff’s Office Recommended Action: Adopt Resolution __-2026 Approving the renewal of the Agreement for Law Enforcement Services between the City of Colfax and the Placer County Sheriff’s Office for Years 2026-2029 (July 1, 2026-June 30, 2029) and authorize the City Manager to execute the agreement.
With a Motion by Councilmember Trinity Burruss and a second by Councilmember Sean Lomen, Council voted 4/1 to adopt Resolution _-2026 Approving the renewal of the Agreement for Law Enforcement Services between the City of Colfax and the Placer County Sheriff’s Office for Years 2026-2029 (July 1, 2026-June 30, 2029) and authorize the City Manager to execute the agreement Ayes: Councilmembers Sean Lomen, Kim Douglass, Trinity Burruss, and Mayor Caroline McCully.
Noes: Mayor Pro Tem Larry Hillberg
Abstain: None
9 GOOD OF THE ORDER
Item 2B12
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.
• Councilmember Lomen –
o Firesafe Council meeting 6/25/26 at 6:00PM
• Councilmember Douglass –
o Looking forward to celebrating 3rd of July. Attended the Town. Will be attending the 4th of July parade in Auburn
• Mayor Pro Tem Hillberg –
o Would like Councilmembers to provide brief written reports on Committee meetings they attend
o Inquiring about cameras (Flock). When and how was the decision made to allow the sheriff to install in the city
o Inquired about the removal of the tree outside City Hall o Would like to talk again about the non-profit budget decision • Councilmember Burrusso Nothing–
• Mayor McCully –
o Gave an update on 3rd of July events
o Clarified that City Manager has the authority to address the operation of the city 9A. 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.
No Public Comment received on Good of the Order.
10 CLOSED SESSION None
ADJOURNMENT
The June 24, 2026 City of Colfax City Council was adjourned at 7:30 p.m. by Mayor McCully. _________
Gabrielle Christakes, City Clerk
Item 2B13
CityCouncil Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Caroline McCully ⋅ Mayor Pro Tem Larry Hillberg
Councilmembers Trinity Burruss ⋅ Kim Douglass ⋅ Sean Lomen
SPECIAL MEETING DRAFT MINUTES
June 24, 2026
Open Session 6:00 PM
1 OPEN SESSION
1A. Call Open Session to Order
The June 24, 2026 Special Meeting of the City of Colfax City Council was called to order at 7:31 p.m. by Mayor McCully.
1B. Pledge of Allegiance
1C. Roll Call
Present: Councilmembers Trinity Burruss, Kim Douglass, Sean Lomen, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully
Absent: None
1D. Approval of Agenda Order
Thisis the time for changes to the agenda to be considered including removal, postponement, or change to the agenda sequence.
Action: With a motion by Councilmember Burruss and a second by Councilmember Sean Lomen, Council voted by roll call vote 5-0 to accept the Agenda Order as presented.
Ayes: Councilmembers Trinity Burruss, Kim Douglass, Sean Lomen, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully
Noes: None
Abstain:None
Absent: None
2 COUNCIL BUSINESS
2A. Resolution calling election on transactions and use tax for street maintenance Recommended Action: Adopt Resolution __-2026 calling an Election on a Transactions and Use Tax (sales tax)
Item 2B14
Action: With a motion by Councilmember Burruss and a second by Councilmember Sean Lomen, Council voted by roll call vote 4-1 to adopt resolution __-2026 calling an election on a transactions and use tax (sales tax).
Ayes: Councilmembers Trinity Burruss, Kim Douglass, Sean Lomen, and Mayor Caroline McCully
Noes: Mayor Pro Tem Larry Hillberg
Abstain:None
Absent: None
ADJOURNMENT
The June 24, 2026 Special Meeting of the City of Colfax City Council was adjourned at 7:40 p.m. by Mayor McCully.
__________
Gabrielle Christakes, City Clerk
Item 2B15
CityCouncil Meeting
COUNCIL CHAMBERS, 33 SOUTH MAIN STREET, COLFAX, CA
Mayor Caroline McCully ⋅ Mayor Pro Tem Larry Hillberg
Councilmembers Trinity Burruss ⋅ Kim Douglass ⋅ Sean Lomen
DRAFT REGULAR MEETING MINUTES
July 08, 2026
Open Session 6:01 PM
1 OPEN SESSION
1A. Call Open Session to Order
The July 8, 2026 City of Colfax City Council was called to order at 5:59 p.m. by Mayor McCully. 1B. Pledge of Allegiance
1C. Roll Call
Present: Councilmembers Kim Douglass, Trinity Burruss, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully
Absent: Councilmember Sean Lomen
1D. Approval of Agenda Order
Thisis the time for changes to the agenda to be considered including removal, postponement, or change to the agenda sequence.
Action: With a motion by Councilmember Trinity Burruss and a second by Mayor Pro Tem Hillberg, Council voted 4-0 to accept the Agenda Order as presented.
Ayes: Councilmembers Kim Douglass, Trinity Burruss, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully
Noes: None
Abstain: None
Absent: Councilmember Sean Lomen
1E. Statement of Conflict of Interest
No new conflicts were identified by the Council or the public. 2 CONSENT CALENDAR
Item 2B16
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.
Action: With a motion by Councilmember Trinity Burruss and a second by Mayor Pro Tem Hillberg, Council voted by roll call vote 4-0 approving the Consent Calendar with the removal of Item 2B to be brought back with transcripts at the next meeting
Ayes: Councilmembers Trinity Burriss, Kim Douglass, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Noes: None
Abstain: None
Absent: Councilmember Sean Lomen
2A. City Projects Report
Recommended Action: Accept report.
2C. Salary and Benefit Adjustment Non-Represented Employees Recommended Action: Adopt Resolution __-2026, Adopting a resolution approving salary and benefits adjustments for non-represented employees consistent with the terms approved in the Memorandum of Understanding (MOU) between the City and Employee Local 39 Bargaining Unit *** End of Consent Calendar ***
3 AGENCY REPORTS -
3A. Placer County Sheriff’s Office
Sgt. Tobi Williams reported:
• 178 Calls, 5 arrests, 32 traffic stops, 10 citations
• 3rd of July Only 1 arrest for Public Intoxication before event even started • Between 15,000-16,000 people attended with traffic being the biggest issue • 18 Law Enforcement present, including CalFire Law enforcement Public Comment question will be addressed by CalFire
3B. California Highway Patrol
Gold Run CHP reported:
• 680 Citations, 46 speeding, 7 arrests, 19 collisions- 0 fatal • Joint Commercial enforcement operation on 7/1/26 from 0600-1800. 72 Contacts, 46 citations, 10 Item 2B17
No public comment received
3C. Placer County Fire Department/CALFIRE
Battalion Ryan Bernard reported:
• 116 Calls for service. 12 Vegetation fires, 1 structure fire, 2 Vegetation Fires • All stations are currently operating at peak staffing levels. • On July 2, training will be conducted for new firefighters in the Burnt Flat area across approximately 14 acres. This training will also provide valuable leadership and management development opportunities for company officers, as well as future fire prevention management training.
• Conducted aircraft training with newer pilots over the past several days, involving an air attack plane, air attack tankers, and one helicopter. Training included operations with the Chinook out of Truckee and focused on aggressive wildfire suppression tactics in canyon environments, as well as ensuring effective communication and coordination.
• No public comments were received
3D. Caltrans
Sean Shaw Caltrans District 2 Project Manager, provided a PowerPoint of roadwork being done 3E. Non-Profits
Caroline Presson reported:
• Relayed all the positive feedback received for the 3rd of July. Fireworks are the talk of everyone. • Entertainment Zone was a complete success with very few problems • 2027 3rd of July already in the works
Caroline McCully w/Railroad Days
• National Night Out is August 4 @ Depot from 5:30 pm to 8:00 pm 4 PRESENTATIONS None
5 PUBLIC HEARING None
6 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 notexceed 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 Item 2B18
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. 7 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. 7A. Committee Reports and Colfax Informational Items – All Councilmembers • Councilmember Burruss: Nothing to Report
• Councilmember Douglass: Reported no official meetings • Mayor Pro Tem Hillberg: No meetings
• Mayor McCully: Skatepark bowl taking shape, moving caboose with a track panel •
7B. City Operations Update – City Manager
• Met with 4Leaf and Cal OES
8 COUNCIL BUSINESS
8A. Consideration to Recombine Economic Development – Community Support and Events Appropriations into a single budget line item
Recommended action: Adopt Resolution __-2026 directing staff to Recombine Economic Development – Community Support and Events Appropriations into a single budget line item With a motion by Councilmember Burruss and second by Mayor Pro Tem Larry Hillberg, Council voted 4/0 to continue to July 22, 2026 meeting
8B. 4thof July Decorating Contest
Recommended action: Discuss and award the 1st, 2nd, and 3rd place participants Awards for Best Business: 1st to Wrecking Crew, 2nd to Cocos Candy and Creamery, 3rd to US Bank Awards for Best Houses: 1st 48 Grass Valley St, 2nd 43 E. Church 8C. Introduction of Sales Tax and Resolution Submitting Measure to Voters Recommended action: Introduce tax ordinance; adopt resolution submitting ordinance to voters With a Motion by Mayor Pro Tem Larry Hillbergand a second by Councilmember Douglass, Council voted 4/0 to introduce and waive first reading of an ordinance imposing a transactions and use tax.” Ayes: Councilmembers Kim Douglass, Councilmember Trinity Burruss, Mayor Pro Tem Larry Hillberg and Mayor Caroline McCully.
Item 2B19
Noes: None
Abstain: None
Absent: Councilmember Sean Lomen
8D. Resolution to call a Regular Meeting for July 15, 2026 Recommended action: Approve Resolution __-2026 calling Regular City Council Meeting for July 15, 2026
No action – No meeting scheduled
9 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.
• Councilmember Lomen – Absent
• Councilmember Douglass –
o Announced the death of Auburn Councilmember Mike Holmes • Mayor Pro Tem Hillberg –
o Flock Cameras
• Councilmember Burrusso Looked into Flock Camera Ordinance. Would like to see a productive conversation from a more holistic manner
• Mayor McCully –
o None
9A. 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.
Public Comment received on Good of the Order.
10 CLOSED SESSION None
ADJOURNMENT
The July 08, 2026 City of Colfax City Council was adjourned at 7:48 p.m. by Mayor McCully. _________
Gabrielle Christakes, City Clerk
Item 2B20
0:01
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Council member Burrus absent. Council member Douglas present. 0:05
5 seconds
Council member Loman here.
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Mayor Pro Hilbert here. And Mayor McCaulay.
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City Clerk All four members are present. We have a quorum. Mayor McCully Thank you very much. 0:18
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Mayor McCully All righty. Sorry. Answering text at the same time. All right. So, we're going to start with agenda order. May I have a motion to approve the agenda order? Council Member Lomen Move to approve.
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Second. Mayor Pro Tem Hillberg I second. Thank you. Do all in favor? 0:30
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Mayor McCully any opposed. All right, fantastic. It's been approved. Do we have any new conflicts of interest from council? No change.
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No. Nobody. Nope. All right, we're good to go. Mayor McCully So, we'll start with our consent calendar. So, all items on the consent calendar are considered routine in 0:45
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nature and will be approved by one blanket motion with the council vote unless a council member or a member of the public request an item to be pulled
0:52
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for discussion. Items pulled will be discussed after the consent calendar vote. So, does anybody from the council want to pull something?
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Mayor Pro Tem Hillberg I'd like to pull 2D.
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Mayor McCully 2D the letter. Thank you. We'll go ahead and pull 2D. Does anybody from the public want to pull anything from the consent calendar? No. All right. Can I 1:09
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have a motion then to approve the consent calendar without item 2D? 1:13
1 minute, 13 seconds
Item 2B21
7RANSCRIPT JUNE 10, 2026
Council Member Lomen Move to approve the consent calendar with the exception of 2D. Council Member Douglass Second. Mayor McCully Seconds. All right. All in favor? I. 1:20
1 minute, 20 seconds
I. Mayor McCully Okay. All right. So 2D, that was our Colfax Visitor Center letter of appreciation for our donation. Larry,
1:30
1 minute, 30 seconds
Mayor Pro Tem Hillberg yes, I think we should read it in public and not just leave it in the agenda. 1:34
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Mayor McCully Um, we can absolutely do that. Let me pull it up on the right page. So yes, at our last meeting, we uh Amy Andrews from
1:41
1 minute, 41 seconds
the visitor center came and asked for a donation. Um, she of course had made a great investment into when we expected Big Boy to stop and alas, UP once again 1:51
1 minute, 51 seconds
did not let it stop. So, and then she asked for support to make up for those profits that she was looking for so she
1:58
1 minute, 58 seconds
could do some improvements to the visitor center as it is our number one place where a lot of people stop to see Colfax for the first time with the bus and 2:06
2 minutes, 6 seconds
Amtrak. So, she sent us a letter and it says, "Dear city manager, mayor, and members of the Colfax City Council, on
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2 minutes, 13 seconds
behalf of the Colfax Visitors Center and our volunteers, thank you for your support of our recent funding request.
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The city's investment in the visitors center recognizes the important role it plays in welcoming visitors, travelers, and future customers to our community. 2:28
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The approved funding will allow us to improve visibility, signage, displays, and visitor experiences at the historic depot, helping us better serve residents
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and visitors alike. We value your confidence in our organization and look forward to putting these funds to work in a way that reflects positively on the
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2 minutes, 45 seconds
Item 2B22
city of Colfax. We are proud to partner with the city in promoting Colfax and creating a positive first impression for everyone who visits our community. Thank 2:52
2 minutes, 52 seconds
you again, Amy, Randy, Tim, Linda, Louise, Larry, and Swind. So, that was her letter. 3:00
3 minutes
Um, do we have any comments on that or do you want to just go ahead and approve it? 3:04
3 minutes, 4 seconds
Mayor Pro Tem Hillberg No, just say thank you. That works for me. 3:07
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I think that we only get one chance to make a first impression and they are usually the ones that do it. So, I thought it appropriate that it be done out loud. So, thanks. 3:17
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Mayor McCully Okay. Do we have anybody from the public that wanted to make a comment? No. All right. Then, can I get a motion to approve 2D?
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Mayor Pro Tem Hillberg So, moved.
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Second. Mayor McCully Okay. Sean's got the second. All in favor? Okay. 3:32
3 minutes, 32 seconds
Perfect. Next item on the agenda is our agency reports. And we will start with Pler County Sheriff. 3:47
3 minutes, 47 seconds
Good evening. How is everybody tonight?
3:50
3 minutes, 50 seconds
Good, good, good. Sergeant Toby Williams, Placer County Sheriff's Office. 3:54
3 minutes, 54 seconds
Uh some things to share with you from last month. Uh the month of May was actually quite busy for us in the city
4:01
4 minutes, 1 second
of Colfax. We had uh 182 total calls for service as opposed to 124 last month or 4:09
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excuse me the month before. Um 10 transient calls were for April, 12 for 4:16
4 minutes, 16 seconds
uh last month in May. The vast majority of our calls for service um were Item 2B23
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4 minutes, 22 seconds
generated from the public. Uh 98 and 84 were generated by uh the sheriff's 4:29
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office. Uh I'm proud to say that last uh last month or excuse me in April I 4:36
4 minutes, 36 seconds
believe we had 14 traffic stops we had 35 in the month of May. So uh of note in 4:43
4 minutes, 43 seconds
the last two weeks our uh enhanced enforcement detail uh came up on three 4:50
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occasions and did a a multitude of traffic stops uh contacts and then just assisted us with calls for service as an
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extra body. So they they are making their rounds uh trying to make an impact on some of the uh the traffic issues that you guys are having for the
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5 minutes, 7 seconds
graduation. Um things went really really well for Colfax High School and uh we actually tried it out a little bit this
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year. We had two deputies at uh two separate intersections to try to get some of the traffic out a little bit
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faster and according to some folks that my deputies have contacted after the fact, it actually worked out pretty well. um not having been here for the
5:30
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prior graduation, but uh seeing the cars actually move around a little bit easier instead of just that stopand go stuff uh
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seemed to worked out. So hopefully hopefully you guys noticed that. Uh we're uh in full swing with summer um
5:46
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working with Cal Fire. I was with Chief Burgard on a fire earlier today. Um it's happening. So, um, not to steal his
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thunder or anything like that, but, uh, you'll be seeing us around if things get a little 6:01
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hot, so to speak. Um, but, uh, hopefully, you know, we'll have a a good summer and and even better, some good
Item 2B24
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responses to help you guys out if something were to happen. 6:13
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um still getting ready for July 3rd and uh we'll be having a meeting with um the the council and whatnot uh here in a couple weeks to get that squared away. 6:24
6 minutes, 24 seconds
Any questions?
6:27
6 minutes, 27 seconds
Mayor McCully I'm curious, what did you do different for graduation that you felt made it easier to help people get? Toby Williams Uh we so we
6:33
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posted uh at um town square here and then we did another one I believe 6:42
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up here at Rising Sun and we just basically wave traffic through uh kind of like a stoplight system rather than
6:50
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everybody stop and go. So, we were able to get um you know, I couldn't tell you, but 10 to 12 cars in one one direction
6:59
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first, 10 to 12 cars the other instead of everybody having to to play the stop sign game. So, yep. 7:06
7 minutes, 6 seconds
Mayor McCully Do we have any questions from the public? All right. Thank you very much. Thank you. All right. CHP.
7:17
7 minutes, 17 seconds
Uh good evening everybody. Officer Jason Lyman, Gold Run, CHP, public information officer. Uh, I was going to go over a
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7 minutes, 25 seconds
few of our stats for for last month. Um, we had a issued a total of 964 7:32
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citations. We had a total of uh 335 uh warnings with for a total enforcement contacts of 1,380. 7:45
7 minutes, 45 seconds
We uh had 244 motorist services. We had uh 20 arrests. Uh 10 of those were DUI 7:55
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related. Uh thankfully we know had no fatality collisions. We did have out a 8:02
8 minutes, 2 seconds
Item 2B25
total of 34 collisions. 10 were um injury collisions and 24 were property 8:10
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damage only collisions. Um the other thing to talk about is the you know construction that's going to be a big
8:19
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thing for the next several years. The project uh the widening lane from you know Applegate area all the way through
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they've got it broken up into several different sections but that's a a four-year project to get that done. Um
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so they're uh the Applegate area that's handled by the Auburn CHP office. Um right now they're currently in our area
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working in the Blue Canyon area. Um they also have the Highway 20 bridge still um 8:50
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getting that all torn down. They've got all the traffic moved over onto the one side. So the freeway traffic is moving
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fine, but there still is closures on the Highway 20 for demolition of the of the bridge. They're opening and closing it
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at different intervals for different things, but uh that is supposed to be finishing up uh with the demolition part
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um by next week. That's the the plan anyway. So hopefully that all goes according to plan. Um so other than that, do we have any questions for me?
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Mayor McCully Do you have any questions from the public? Nothing from the council. All right.
Thank you.
9:34
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Thank you so much. Wait, I actually I lied. I do have a quick question. What's your countdown till your retirement? Uh just under four months.
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Jason Lyman It's getting close. I was trying to remember. All right. Y All right. Plaster County Fire CalFire.
9:53
Item 2B26
9 minutes, 53 seconds
Hey, good evening. My name is Eric Schwab. I'm a assistant chief with CalFire and Plaster County Fire. So, as of um April, we've been at peak staffing
10:01
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for CalFire. what that means um for the county and CalFire You have two fire engines sitting full-time in Colfax, two
10:09
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sitting up at Alta, two down in Auburn just down the road along with a dozer and two hand crews available out of Auburn. So, uh things are picking up as you heard. Um today's been going crazy. 10:20
10 minutes, 20 seconds
We've been in a red flag warning at the first of every month. a prediction output is given to us through um through
10:28
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Cal Fire and basically it said exactly what we all would think it would say. 10:33
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It's going to get hotter and dry and we're going to get more busy. So nothing out of the ordinary. Um so we'll we'll see what it brings. Um as far as that
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goes for activity up here in the Colfax area, um we were hoping to do some prescribed fire at Burnt Flat. We just walked that area yesterday. We're going
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to postpone that until the fall. Um it's just already a little bit too dry for those 10-hour fuels for us to comfortably go burn it. Um we are going
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to be trying to burn next week, I believe the 16th. Um we don't have the date pinned down completely, but next week around the water treatment plant um
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here in the city. So that burn is is scheduled to go on. So hopefully the weather will cooperate and allow us to get that accomplished moving forward.
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I'm talking with Chief Burgard. Um we're we're on track too for the July 3rd fireworks show. um he'll get some additional information with you, but that's all tracking accordingly. Um 11:24
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aircraft uh our air attack and one air tanker showed up at Grass Valley Air Base at the end of last month. So that
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is here and available. June 1st, we had a type 1 helicopter exclusive use that sits at Truckee that's available for
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Item 2B27
11 minutes, 38 seconds
us to use whenever we need it. And here next Monday, another type one exclusive use helicopter will be stationed out of
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Auburn. So real quick turnaround um stats. Last year, the helicopter out of Auburn was the busiest helicopter um in the Cal in the CalFire fleet.
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So, we're we're super excited to get that and we'll have the second air tanker on board um here hopefully by the 15th up at Grass Valley. So, we're we're 12:03
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in full swing and ready for anything that happens and um we're obviously cooperatively with the Placer County Sheriff's Office that we're literally
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chasing each other to incidents to um initiate instantly evacuations if that needs to happen. incident command. So,
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um I've worked in several counties and and this is the best model um I've ever seen. So, I want to commend and and CHP
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is is chasing us down as well. Um last thing I'll leave you guys with some sad news. Um Battalion Chief Clint Sbert has
12:34
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taken a transfer to Auburn. Um I was trying to get him up here tonight to be able to say goodbye to you folks and he
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literally um a fire he got toned out to a fire um not too far from here just literally as I was pulling in here. So I
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will I will get him here to to say goodbye to you folks. So um I've already advertised that position. I have a ton of interest um in filling that position
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with some great candidates. Um we have a new list so a lot of um young eager captains are going to be competing for
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that job. So hopefully here um maybe at the the 2nd July meeting I'll be introducing a new battalion chief for you guys here in Colfax.
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Any questions for me?
13:16
Item 2B28
13 minutes, 16 seconds
Mayor McCully Yep. Any questions from the council? Any questions from the public? All right.
Thank you.
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Um and Calrans was supposed to be here tonight, but he got out of a meeting late and he wasn't going to be here. Um, I do know that when we had the two different big rigs that decided to high 13:32
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center themselves at 174 to Rollins, uh, they responded relatively quickly to an email and got a sign up to send the
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truck traffic this way. So, they stopped turning left to try to go up Rollins. 13:43
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Um, and they know about the concerns of how they did the lane shifts down in the the Weimar area.
So, they are addressing those for us and they will be here with 13:52
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a full presentation hopefully in two weeks is the plan. All right. Nonprofits 14:05
14 minutes, 5 seconds
Okay. Hi, I'm Caroline Glenn Preston from the Wrecking Crew in the 3rd of July committee. I'm here to give you an
14:12
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update on this year's 3rd of July celebration. We are incredibly excited for this year's event and hope we have
14:20
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made our community proud as we celebrate our nation's 250th birthday. 14:26
14 minutes, 26 seconds
Thanks to your generous donations, our corporate partnerships, community fundraisers, and vendor feeds, we have
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been able to add several new attractions to our community and visitors to enjoy. 14:41
14 minutes, 41 seconds
In addition to our amazing craft vendors, we will have 11 food trucks, seven treat vendors, the return of the
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Highland mini calves from Winterfest, the ever popular tortoises. 14:55
14 minutes, 55 seconds
We'll have races with the tortoises, pie eating contest, and we added baby goats this year. 15:03
Item 2B29
15 minutes, 3 seconds
We will be having music throughout the evening with one of our favorite local bands, Malarkey, as well as a wandering
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15 minutes, 10 seconds
juggler, the kids parade, the Lions Club parade. And we are also beyond honored that several branches of our active
15:19
15 minutes, 19 seconds
military have accepted our invitation to join us for the celebration. 15:25
15 minutes, 25 seconds
Creating a family-friendly in event continues to be one of our highest priorities. We know that families often choose events based on the cost of feeding and entertaining their children. 15:36
15 minutes, 36 seconds
With that in mind, we have expanded the kids zone into a lot of into the lot of art and increase the amount of free
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entertainment available. This year will feature additional games and expanded craft table thanks to Freedom Print,
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15 minutes, 51 seconds
two-face painters, a scheduled magic show, hula hoop performances and lessons, and gi a giant bubble show.
16:00
16 minutes
There are two things we hear most often at every major event. Fireworks and parking. Thanks to the city council
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support, this year's fireworks show is going to be bigger and better than ever. 16:15
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Thank you very much again for that generous donation. Our fireworks guys got that check from you and uh it's been
16:24
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confirmed we will have a much bigger show, much more entertaining and it will actually be 250th year themed with a lot
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of red, white, and blue. He said so. And thanks to partnerships with both 16:41
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Colfax Elementary School and Colfax High School, we have hired a shuttle bus to transport visitors from the school parking lots into downtown with a stop
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at the sheriff's substation. That ought to make it a lot easier on us.
Item 2B30
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We hope that this will help reduce traffic congestion and discourage parking in front of driveways and restricted areas. Overall, we are
17:05
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looking forward to an incredible event for both our community and our guests. 17:10
17 minutes, 10 seconds
The city decorating contest is already underway and additional patriotic de decorations will be added throughout
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downtown on a regular basis. On another note, there has been a claim that this year marks the 50th anniversary of Colfax's 3rd of July celebration.
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If that is true, we wanted to appropriately honor that tradition. To verify the history, we consulted local historian Roger Stab and asked if he had
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documentation showing when the third of J July celebration came to the community tradition. Roger discovered as many
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residents have shared that Colfax hosted two and three-day celebrations during the late 18 1980s 17:55
17 minutes, 55 seconds
and the early 1900s. While that sounds like a lot of fun, I'm not sure our committee is quite that ambitious. But
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if the other groups would like to help organize and multi-day celebration in the future, we are open to that idea.
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The earliest documented record Roger found of fireworks being held on July 3rd dates to 1994. 18:19
18 minutes, 19 seconds
He believes the tradition may have started in 1992, 1993 or 1994, but records from 1992 and 1993 are unavailable.
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What we do know is that the primary community celebration remains centered on July 4th through at least 1998.
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So this year we proudly celebrate the 250th birthday of our nation, 18:47
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approximately 32 years of 3rd of July fireworks in Colfax and 116 years of the Item 2B31
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18 minutes, 54 seconds
city of Colfax. Finally, I encourage everyone to join us this Sunday for our more we're going to have a car wash at
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the Key Salon for a fundraiser for the 3rd of July. this. We were going to do 19:09
19 minutes, 9 seconds
three, but rain has kept us from doing that. So, we are going to finally have one this weekend and we hope to see everybody there.
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Let's come together, support the celebration, and get ready to paint KFEX red, white, and blue. Thank you. And I
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do want to add that I put in several messages and phone calls to the Quinn family to find out when the first 3rd of
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July was and to uh Bonnie Wayland um heart because her dad was the last 19:42
19 minutes, 42 seconds
known Pyrotech. And he I can find an article only dating back to 2010 where he said that up until the few years
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19 minutes, 51 seconds
before that he had been doing the fireworks.
19:56
19 minutes, 56 seconds
That's as close as we could come. I found an article in 1988 that confirmed there was a Fourth of July. So that's as far back as we can we can pin it down. 20:08
20 minutes, 8 seconds
We've been doing a lot of research and asking a lot of locals that have been here a long time. 20:14
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So, we may get to the bottom of it. I just don't know when and how, but when we do, I will gladly share that information.
20:21
20 minutes, 21 seconds
Thank you. Thank you.
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Mayor McCully See, that's the question I see on Facebook all the time. It's why do we do this on the third?
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20 minutes, 29 seconds
Item 2B32
All right. It doesn't look like we have any other nonprofit reports this evening. So, we will go ahead and start with our presentations. Uh, it's going to be the celebration of Placer County’s 20:37
20 minutes, 37 seconds
175th anniversary. So, please welcome Mr. Chatigny, the CEO of Placer County. 20:47
20 minutes, 47 seconds
Daniel Chatigny Thank you, Mayor Moly and council members. I'm Daniel Chatigny Plaster County CEO. Um, as Plaster County celebrates its 175th anniversary this 20:55
20 minutes, 55 seconds
year, we are taking time to both reflect on our past and envision our future. We are proud to be comprised of communities, towns and cities like Colfax
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21 minutes, 4 seconds
which have distinct distinctive qualities and charm yet together make us uniquely placer. The first settlers many of whom came to find gold remained on
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21 minutes, 12 seconds
this land because of the many opportunities they enjoyed long after the gold rush. They laid the foundation and generations of residents have
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21 minutes, 20 seconds
continued to build upon it. Our communities are strong and resilient and our residents are happy to call this beautiful area home. Plaster County is
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proud to work with the city of Colfax in serving our residents. For this milestone, we minted a commemorative coin featuring our 175th anniversary
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21 minutes, 37 seconds
emblem. On behalf of the board of supervisors, I would like to share this special coin with each council member as appreciation for your continued collaboration, engagement, and trust. 21:47
21 minutes, 47 seconds
Thank you for your contributions and the partnership we share, and we look forward to another prosperous 175 years.
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21 minutes, 54 seconds
Thank you.
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21 minutes, 57 seconds
Mayor McCully That's the presentation. I do have to ask if there's any comments from the public. 22:03
22 minutes, 3 seconds
All right. Anything from the council when they're not.
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22 minutes, 9 seconds
I like the fuzzy back, too. We'll get that in our back.
Item 2B33
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22 minutes, 12 seconds
Thank you so very much. Thank you for coming up. Awesome. Very cool. 22:21
22 minutes, 21 seconds
Thank you. All right. Our next item. Thank you for coming up. 22:27
22 minutes, 27 seconds
The next item is a public hearing requesting collection of sewer service charges on the Placer County tax role for tax year 2026/27
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22 minutes, 36 seconds
confirming the report of delinquent refuge collection accounts and placing leans on said properties and special assessments upon property taxes pursuant
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to city of Colfax municipal code section 8.20.130.
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22 minutes, 49 seconds
Catrina Olson, our administrative service officer, is here tonight to discuss and answer questions.
Good evening, mayor, council members.
22:56
22 minutes, 56 seconds
Colfax municipal code title 8 and title 13 authorizes the city to collect delinquent sewer service charges and delinquent refuge collection fees on the
23:05
23 minutes, 5 seconds
secured tax rule at the same time as general property taxes. The code requires the city council to adopt a resolution two in order to collect delinquent charges on the tax rule. 23:16
23 minutes, 16 seconds
Separate written reports for the collection of delinquent sewer service charges and delinquent charges for refuge collection services have been prepared and are on uh on file with the 23:25
23 minutes, 25 seconds
city. The written report for delinquent sewer service charges contains a description of each parcel receiving sewer service charges and facilities and the amount of the delinquent charges. 23:36
23 minutes, 36 seconds
The written report for delinquent refuge collection includes the parcel number, real property upon which the charges are
23:43
23 minutes, 43 seconds
delinquent, the names of the owners of the real property to the refuge collection service, the street address of the property served, the period of
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23 minutes, 51 seconds
service, and the amounts due, including reasonable administrative charges. A public hearing is required before the proposed resolutions can be adopted. 24:00
24 minutes
Item 2B34
Notice of public hearing regarding the delinquent accounts were published in the Auburn Journal on May 27th, 2026 and June 3rd, 2026.
24:10
24 minutes, 10 seconds
The purpose of the hearing is to allow the council to hear objections and protests to reports. At the conclusion of the hearing, the council may adopt,
24:18
24 minutes, 18 seconds
revise, change, reduce or modify any sewer service charge or charge for refuge collection services in either report, sustain or overrule any
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24 minutes, 26 seconds
objections to either report and adopt or decline the adopt to adopt the reports as modified. If the reports are adopted
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24 minutes, 34 seconds
with or without modification, the city will file with the county auditor controller. 24:41
24 minutes, 41 seconds
There are $152,293.80 in delinquent sewer sewer charges and 24:49
24 minutes, 49 seconds
$19,53442 in delinquent refuge collection fees due as of June 5th. At this point, I will entertain any questions you have.
25:02
25 minutes, 2 seconds
Mayor McCully Um, does anybody from the public have any questions? No. Um, anybody from the council?
25:10
25 minutes, 10 seconds
Mayor Pro Tem Hillberg I do. I'm just curious um on the the applicable interest penalty and 25:17
25 minutes, 17 seconds
administrative fees. Um what kind of money are we talking about there? 25:22
25 minutes, 22 seconds
Catrina Olson I do not believe we've actually collected those in the past. I think what's been delinquent is delinquent, but
25:29
25 minutes, 29 seconds
I I do believe that the county, at least the county of Nevada, when I did the same thing there, they had a 5%
25:36
25 minutes, 36 seconds
administrative fee. I'm not positive on that. So, we're not talking a lot of money. 25:42
25 minutes, 42 seconds
Item 2B35
Mayor Pro Tem Hillberg I I just wonder because I've looked at these lists before and there are always are names on them that surprise me.
25:53
25 minutes, 53 seconds
It just made me curious what would somebody gain by not paying if if they could pay. 26:01
26 minutes, 1 second
I'm just it I Catrina Olson I Mayor Pro Tem Hillberg really we haven't charged any basically that question for you other than I know that we've collected since uh Catrina Olson I originally 26:10
26 minutes, 10 seconds
pulled the list and sent out uh the letters to everyone we've collected about $18,000 26:18
26 minutes, 18 seconds
Mayor Pro Tem Hillberg but we haven't charged anybody any interest or Catrina Olson Oh yes we have own process there there's
26:25
26 minutes, 25 seconds
penalties and interest that get charged by monthly when the billing goes out if they have not paid by the due date. So, they're getting charged every billing 26:33
26 minutes, 33 seconds
from us Mayor Pro Tem Hillberg that gets passed on to the county then to the county because the county collects, right?
26:39
26 minutes, 39 seconds
Catrina Olson Well, the county the county keeps a portion of Yes, they keep a portion of what they collect for their administrative costs.
26:48
26 minutes, 48 seconds
Mayor Pro Tem Hillberg Okay. Thank you. Mayor McCully Any other questions? 26:55
26 minutes, 55 seconds
Okay. Um, so then our public hearing would be closed and I need a motion. 27:05
27 minutes, 5 seconds
Council Member Lomen I move to approve the delinquent service charges and refuge collection fee role. Mayor Pro Tem Hillberg I second. Mayor McCully All in favor? 27:13
27 minutes, 13 seconds
I I I. All right. No opposed. So motion passes. Thank you. 27:18
27 minutes, 18 seconds
Item 2B36
Thank you. All right. Our next item is a public hearing to amend section 17.64.080 27:24
27 minutes, 24 seconds
080 residential use types and 17.720 residential zone district permitted uses 27:33
27 minutes, 33 seconds
of title 17 zoning of the CA COLFAX municipal code. Kathy Peas with city planning services is here tonight to discuss and answer questions.
27:41
27 minutes, 41 seconds
Kathy Peas Good evening again. Thank you mayor and city council. I'm Kathy Peas, a planning consultant. I'm here this evening to
27:48
27 minutes, 48 seconds
bring this item back. you actually um considered it at the last meeting. It is a request to eliminate the separate
27:57
27 minutes, 57 seconds
definitions and requirements for small versus large community care facilities. 28:01
28 minutes, 1 second
It's a line item in our general plan housing element that said that that city would make this zoning change within one
28:09
28 minutes, 9 seconds
year of the adoption of the housing element. That was in 2021. Um next slide. 28:25
28 minutes, 25 seconds
If you can't, it's fine. So, um if you remember um at last meeting, our city 28:34
28 minutes, 34 seconds
attorney uh was concerned that this may have been a reach um by the state to require this and he requested that this
28:42
28 minutes, 42 seconds
item be continued. since that time he was able to look at our housing element and he does concur that because it is in
28:49
28 minutes, 49 seconds
our housing element it is a requirement that we need to do so um staff is recommending that the council um adopt
28:59
28 minutes, 59 seconds
this ordinance and then I'd bring it back if you so choose to approve it um at the next meeting and it would go into effect 30 days after the second reading.
29:10
29 minutes, 10 seconds
So again, uh this is doing some minor changes to eliminate the difference between a small and a large residential
29:17
Item 2B37
29 minutes, 17 seconds
care facility. Um state law uh without it being in our housing element says that we can't regulate if it's six or
29:26
29 minutes, 26 seconds
fewer. Um but our uh general plan made this change. So any questions? 29:36
29 minutes, 36 seconds
Mayor McCully Do you have any questions from the public? council. 29:47
29 minutes, 47 seconds
Seems like we're stuck with it. That's kind of what it's come down to. 29:50
29 minutes, 50 seconds
Kathy Peas And again, as I said last meeting, I don't think we're going to have a huge run on these.
So, I don't think it's going to be a huge deal. Um, if it does 29:59
29 minutes, 59 seconds
end up that we have a huge run, we can always, you know, re-evaluate at that time and figure out what our options are.
30:09
30 minutes, 9 seconds
Council Member Lomen I see some general plan changes coming up in our future anyway. So maybe we can address that so that we can fix this issue too. 30:16
30 minutes, 16 seconds
Mayor Pro Tem Hillberg And we'd been we'd be flying in the face of what the state wanted us to do.
So yes, makes us an exception.
30:22
30 minutes, 22 seconds
Kathy Peas Yeah. Again, um this was brought up because the state did an audit of our our housing element to see if we
30:30
30 minutes, 30 seconds
implemented everything and they brought this to our attention. Um, and so I promise to bring this forward. And then
30:37
30 minutes, 37 seconds
just um on that note, tomorrow we have a town hall on our affirmatively fair housing uh program.
That's another
30:46
30 minutes, 46 seconds
requirement of the state. That'll happen tomorrow.
30:51
30 minutes, 51 seconds
Mayor McCully Thank you, Kathy. Um, so our public hearing is closed and that needs a motion.
Item 2B38
30:59
30 minutes, 59 seconds
Council Member Lomen Uh move to approve the changes to the zoning ordinance. Mayor McCully Okay. A second.
31:07
31 minutes, 7 seconds
Mayor Pro Tem Hillberg I second it. Mayor McCully All in favor? 31:09
31 minutes, 9 seconds
I I. No opposed. Motion passes. Kathy Peas Thank you. See. 31:15
31 minutes, 15 seconds
Mayor McCully All right. Next, we're on to public comment. So, public comment. Every member of the public has the opportunity to address the city council for comment. 31:23
31 minutes, 23 seconds
You may speak to the council on any item that is not on the agenda. The council cannot act um at this time on any item that's not included agenda, but we can 31:32
31 minutes, 32 seconds
refer it to staff if needs be. If you have any public comment, please come to the podium, speak your name clearly. If you choose to do your address, you can. 31:39
31 minutes, 39 seconds
And you have five minutes.
31:46
31 minutes, 46 seconds
My name is Deborah Frankle. Mayor McCully I'm a third time. 31:57
31 minutes, 57 seconds
We'll start that.
31:59
31 minutes, 59 seconds
Deborah Frankle All right. I try I try to be concise, but there's a limit. Okay. Ready now? 32:07
32 minutes, 7 seconds
Mayor McCully Okay.
32:07
32 minutes, 7 seconds
Okay. All right. My name is Deborah Frankle. I'm a resident of Colfax and a property owner. Uh, and uh, I I'm
32:15
32 minutes, 15 seconds
bringing this up, but if it's not a proper thing to bring up, then let me know. Uh, it's concerning uh, the uh, town uh, the uh, documentation that was
Item 2B39
32:24
32 minutes, 24 seconds
sent out for the town hall meeting tomorrow. I got it in the mail yesterday. I read it this morning and I noticed a a fairly serious formatting problem that might cause some confusion. 32:36
32 minutes, 36 seconds
I emailed I sent an email back where I got it. And so if somebody who can do something about that read it, then I don't need to make any comment on it.
32:45
32 minutes, 45 seconds
But but if I if it hasn't been uh read and going to be dealt with and I wanted to to say what it was. So I see that you
32:53
32 minutes, 53 seconds
the city clerk is nodding at me. So do you want to re reply? Gabrielle Christakes Yeah, go ahead and speak on it.
33:02
33 minutes, 2 seconds
Okay. Uh it's simply that there's a numbering problem that I saw. Uh there are a number of sections in it that are
33:08
33 minutes, 8 seconds
numbered one to nine. However, uh there uh when you read it, it goes one, two, and each section has a title and it has
33:16
33 minutes, 16 seconds
some content and it goes one, two, three, four, five, then another five, 33:23
33 minutes, 23 seconds
six, seven, and then another six and another seven. and the each of the fives and each of the sixes and each of the
33:30
33 minutes, 30 seconds
sevens has a different title and different contents. So, it looks to me like somebody did a cut and paste at some point. Uh everything that's in
33:39
33 minutes, 39 seconds
there is pretty clear, but if if somebody wants to speak about it and they want to talk about for example the second seven which has to do with uh
33:46
33 minutes, 46 seconds
funding sources, there's also another seven that has to do with something else and so it's confusing.
So, this is the first draft, I guess, but I want just
33:55
33 minutes, 55 seconds
wanted to bring it to somebody's attention so that they could redo it, redo the numbering so that it would be easier to deal with the document.
34:03
34 minutes, 3 seconds
Thank you.
Item 2B40
34:04
34 minutes, 4 seconds
Mayor McCully Thank you, Deborah. We'll make sure it gets fixed. Appreciate that. Must have been a Monday when that one was done. Or do we have any other public comment this evening? 34:14
34 minutes, 14 seconds
All right. So, we will go ahead and move on. Agenda item seven, council and staff. So, we'll start with our uh
34:21
34 minutes, 21 seconds
committee reports. Sean, uh kind of a slow two weeks. Uh didn't have a fire safe council meeting that
34:28
34 minutes, 28 seconds
got cancelled the same day due to graduation stuff going on. Um made it to the skate park groundbreaking. That was
34:35
34 minutes, 35 seconds
awesome. A lot of good crowd and really excited to see that uh moving forward and uh I ended up missing the flood control meeting. I got stuck at work out 34:44
34 minutes, 44 seconds
uh out in the forest. So, oops. Um, thankfully they had a quorum sounded 34:51
34 minutes, 51 seconds
like and uh that's all I got.
34:56
34 minutes, 56 seconds
Mayor McCully Did Did they vote then to leave the budget? How that was adjusted? Do you know? Council Member Lomen Do not. Mayor McCully Okay.
35:04
35 minutes, 4 seconds
All right, Kim.
35:07
35 minutes, 7 seconds
Well, zero added to zero is zero. I had no uh meeting scheduled, although I did meet with the builder in Auburn recently.
35:16
35 minutes, 16 seconds
I'm trying to convince him that uh Colfax is a place to build, not Auburn. So, he 35:23
35 minutes, 23 seconds
uh was considering it. So, I'm stoking the fires. That's it. 35:28
35 minutes, 28 seconds
Mayor McCully And you'll have something to report next time because you get to go to air control tomorrow. Enjoy yourself. Thank you, Larry.
35:36
Item 2B41
35 minutes, 36 seconds
Mayor Pro Tem Hillberg Nothing to report.
35:40
35 minutes, 40 seconds
Mayor McCully Apparently, it's been a everybody's in the summer mode, it sounds like. Um, let's see. I had my only official meeting was SACOG policy and innovation, 35:48
35 minutes, 48 seconds
which usually is just an update on federal and state actions and things that are going on. And yeah, the answer is there's never enough money for what everybody wants to do. 35:58
35 minutes, 58 seconds
Um, I did have uh a me we had a meeting with the sheriff where we were discussing their contract renewal uh that will be coming up and the American
36:07
36 minutes, 7 seconds
Legion is working on partnering with Union Pacific for some holiday programs that will be uh for shipping overseas to our troops. So, that's coming up and exciting. All right, city manager. 36:18
36 minutes, 18 seconds
Ron Walker, City manager, Thank you, Madame Mayor, members of council. Um, continuing IT work at city hall. Uh, I met with Matt at the wastewater treatment plant to discuss 36:27
36 minutes, 27 seconds
his ongoing projects, try to keep them moving forward. I met with Amanda from Chamber of Commerce to discuss how we can work together to bring more 36:34
36 minutes, 34 seconds
improvements to the city. Uh, maintenance has been painting the repainting the benches around the depot.
36:40
36 minutes, 40 seconds
They prepped the area of the painted um porch area around the depot today and they'll be painting that. So, that will all look nice and shiny for the upcoming 36:49
36 minutes, 49 seconds
events. And uh also the crosswalk area next to the hotel will get repainted and that's all it. 36:56
36 minutes, 56 seconds
Mayor McCully Thank you. All right. Council business.
36:58
36 minutes, 58 seconds
The first item of council business this evening is the agreement with Placer County for animal control and care services. Catrina Olson, our
37:06
37 minutes, 6 seconds
administrative service officer, is here to present and answer questions. 37:11
37 minutes, 11 seconds
Item 2B42
Catrina Olson Good evening again, Mayor Council. Uh the current contract for animal control and care services expires June 30th,
37:18
37 minutes, 18 seconds
2026. staff received an updated contract from Placer County Health and Human Services for a threeyear term. The 37:25
37 minutes, 25 seconds
charges for all shelter and field services set forth in exhibit A scope of services encompass the city's prata share of animal services for fiscal year
37:34
37 minutes, 34 seconds
2026 budgeted operating costs for fiscal year 2627.
37:39
37 minutes, 39 seconds
Charges are set at 10,8974 per calendar quarter. charges for fiscal year 28 and 29 shall be subject to an
37:49
37 minutes, 49 seconds
annual adjustment based on California Department of Industrial Relations Consumer Price Index California for all
37:56
37 minutes, 56 seconds
of urban consumers up to a maximum of 10%. The adjustment shall be calculated using the most recent 12-month period
38:03
38 minutes, 3 seconds
data available as of April 30th for each year. The fiscal year 2028 2029 charges will be 10,18974 38:12
38 minutes, 12 seconds
per calendar quarter as above plus the above mentioned CPI. 38:17
38 minutes, 17 seconds
Currently the city is paying 10,41695 per quarter or 41,667 38:24
38 minutes, 24 seconds
annually. Fiscal year 20 2026 27 charges that are stated in the contract at 10,18974 38:33
38 minutes, 33 seconds
per quarter is equivalent to 474 40,7586 annually um equate to a 2% reduction from the first year of the agreement.
38:44
38 minutes, 44 seconds
The following fiscal years will include potential increases dependent upon CPI. 38:50
38 minutes, 50 seconds
Uh tonight we have uh Jason Phillip and Katie Ingram from uh Placer County in 38:57
38 minutes, 57 seconds
regards to the animal control contract that can go over any uh questions you have. I will point out there was a last
Item 2B43
39:04
39 minutes, 4 seconds
minute updated version that was provided to you at um at dias and um just I'll 39:11
39 minutes, 11 seconds
point out the couple changes. They were uh minor changes. Paragraph 13 non-exclusivity. the city and county
39:19
39 minutes, 19 seconds
were switched. This contract is for the county to provide the city with services. The city should be able to shop elsewhere if they want.
39:28
39 minutes, 28 seconds
Exhibit D, California Levine Act statement was removed. 39:34
39 minutes, 34 seconds
um as the contracts between two government entities and exhibit A section 1.1 the reference to penal code
39:42
39 minutes, 42 seconds
and civil code has re been removed from the section at this at this point if you guys want to come up.
39:52
39 minutes, 52 seconds
Mayor McCully Thank you Catrina. Welcome. Mayor McCully Thank you for joining us.
40:04
40 minutes, 4 seconds
Thank you. Good evening, council. Um I'm Jason Phillip, the uh Plaster County Animal Services Director. Um and myself and Katie Ingram um are going to give um 40:13
40 minutes, 13 seconds
an overview of um the services that um are contained in the proposed contract. 40:19
40 minutes, 19 seconds
Uh first I want to start by saying um we appreciate um the the um the working relationship 40:28
40 minutes, 28 seconds
we have with the city um providing services. Um we've been doing it for some years now. Um um you might also
40:35
40 minutes, 35 seconds
want to know um we actually provide uh services to five of the six incorporated cities uh throughout Placer. Uh um the
40:42
40 minutes, 42 seconds
only city excluded um is Roseville. Um and the the proposed level of of service is going to be the same um as what it is
40:51
40 minutes, 51 seconds
Item 2B44
currently now. So there wouldn't be any changes to the service level. Um and so with that said um we we try to keep an
40:57
40 minutes, 57 seconds
open line um of a communication um with our cities. So um if anyone from the council um or the members of the public
41:06
41 minutes, 6 seconds
want to give us a call um if you have any questions or you want to talk about any subject, we'd be happy to talk to you. And um I also did want to note too 41:14
41 minutes, 14 seconds
again like Catrina said um the contract amount did go down a little bit. Um the reason is because uh the contract ultimately um is a cost share and um
41:23
41 minutes, 23 seconds
some of the cities down the hill um they're growing um and they're using more services. So um it dropped the the the cost down for Colfax a bit which uh 41:33
41 minutes, 33 seconds
should be good for this group here. So um and with that said um I will pass off to Katie Ingram to uh talk a little more detail on the services.
41:44
41 minutes, 44 seconds
Great. Thanks for having me tonight. Um Katie Ingram animal services manager and as Jason said um you know we're thrilled
41:51
41 minutes, 51 seconds
to be partners with the city of Colfax and your community and happy to provide the exceptional services that we do. Uh it's been a couple of years since we've been 41:59
41 minutes, 59 seconds
here. And so I thought it might be beneficial to just talk about what we have provided over the past two years and what we continue to provide. So
42:08
42 minutes, 8 seconds
looking at Colfax specifically and the numbers of animals that we take in, uh we've taken in 44 animals over the past
42:15
42 minutes, 15 seconds
two years, the vast majority, 35 of those animals are adult dogs. And that continues to be um what we see at our shelter coming in from our communities.
42:25
42 minutes, 25 seconds
Um, and our focus with those dogs and also the one kitten and one puppy we took in and a couple of adult cats is to
42:32
42 minutes, 32 seconds
first uh try to find their owner and provide reunification and get them back uh to the home that loves them that they already know. And then um if we can't
42:41
Item 2B45
42 minutes, 41 seconds
then our next step becomes how do we get them adopted and find them a new home. 42:46
42 minutes, 46 seconds
And um during that time so we started with a few animals from Colfax and at the end of um those two years since we've
42:53
42 minutes, 53 seconds
been here uh we had a placed and returned 50 animals back home. So, we had a few in our care, took in 44, and
43:00
43 minutes
then were able to successfully either return them to their home or find them a new home, which is something that I'm really proud of that our shelter does. 43:08
43 minutes, 8 seconds
Beyond that, within the shelter setting, we provide services to residents. So, we have uh some partnerships with animal spay and neuter and Auburn where we're 43:16
43 minutes, 16 seconds
using donation funds to sponsor free uh spay and neuter for cats and kittens in the community. So, if there are folks
43:24
43 minutes, 24 seconds
that are struggling with unwanted kittens being born or cats on their property that are causing a nuisance, Pler County Animal Services is
43:31
43 minutes, 31 seconds
sponsoring free spayneuter um through the Auburn um animal spay and neuter clinic and it's available to all residents. Uh, additionally, animals
43:39
43 minutes, 39 seconds
that come into the shelter are provided medical care, um any type of behavioral training that they might need or not. Uh they're walked daily, they're provided 43:48
43 minutes, 48 seconds
enrichment by our staff, and then ultimately our goal getting to get them out of the shelter. We do discounted adoption days regularly. So, um we're in
43:55
43 minutes, 55 seconds
the middle of one right now, $5 adoptions all month. So, residents that are looking to adopt should come to the shelter and take a look. Uh on the
44:02
44 minutes, 2 seconds
animal control side, we uh uh responded to 244 calls over the past two years 44:08
44 minutes, 8 seconds
here. And um our officers are uh well, we're nearby, so we're not too far away, but they're always responsive and
44:16
44 minutes, 16 seconds
Item 2B46
they're generally in the vicinity of the communities that we serve. So they're not just sitting at the shelter waiting for a call and then responding to Colfax. They're patrolling and driving 44:25
44 minutes, 25 seconds
throughout your community. Uh and then the types of calls that they responded to, obviously probably best known for stray animal pickup, but many of those 44:33
44 minutes, 33 seconds
stray animals might be aggressive or posing a public health threat. So they're responding, they're addressing concerns, they're ensuring people and
44:41
44 minutes, 41 seconds
that animal are safe. They do a lot of um barking complaint uh communication, education, follow-up if needed to resolve
44:50
44 minutes, 50 seconds
neighborhood complaints. They do respond to bites and public safety concerns. And then we also investigate animal welfare
44:57
44 minutes, 57 seconds
concerns and we take cases to the district attorney if warranted. Um or we work internally uh to ensure that if an
45:05
45 minutes, 5 seconds
animal has done something aggressive. um that we look at uh our processes with our county council and our hearing officer to see if there's restrictions
45:13
45 minutes, 13 seconds
that need to be placed. Majority of what our officers do is education. So, they want to be a part of your community and get to know your residents um and um and 45:22
45 minutes, 22 seconds
all of you and provide assistance if they can to help people and pets live well together and people to know how to
45:30
45 minutes, 30 seconds
take care of their cat pets in the best possible way. And um so, as Jason said, we're available if there's questions anytime. Uh, and our officers are
45:37
45 minutes, 37 seconds
available 24 hours a day. So, if there's an emergency overnight, uh, contact can be made through the sheriff's office and our officer will come out, um, anytime that's needed. 45:48
45 minutes, 48 seconds
Mayor McCully Thank you very much. Do we have any questions from the public? Right. Anything from the council?
45:55
45 minutes, 55 seconds
Item 2B47
Mayor Pro Tem Hillberg When I first saw the number 134,000, I I almost choked and then I realized it was for three years. So, it's only a very
46:03
46 minutes, 3 seconds
nominal increase by the year. So, uh, the only other comment I would make is that, 46:11
46 minutes, 11 seconds
uh, we had a dead deer on our property one time, on our property, and there's really nowhere to turn. 46:20
46 minutes, 20 seconds
You know, I I called you guys and I guess I should have expected this, but neither the city nor the county will go on somebody's property.
46:30
46 minutes, 30 seconds
So, it's a really it's a big dilemma to try to do the right thing. 46:35
46 minutes, 35 seconds
And maybe there's interest, for example, in how the animal died. 46:40
46 minutes, 40 seconds
Um, I know we've seen a couple of fawns that were uh um 46:49
46 minutes, 49 seconds
killed by mountain lions uh where we believe they were anyway. 46:53
46 minutes, 53 seconds
And it's a real dilemma for a homeowners. I don't I'm I don't expect you guys to take care of it. It's just a general comment. There's nowhere to turn.
47:04
47 minutes, 4 seconds
Katie Ingram appreciate that. We um and I appreciate that. That's good feedback. And although we don't respond to uh private property
47:12
47 minutes, 12 seconds
um and this may not have been feasible in that situation, but folks uh if they can get them to the road, we will respond and pick up in that
47:19
47 minutes, 19 seconds
circumstance. So, may not have been realistic with the situation you describe, but certainly something we could talk about and that we can talk
47:27
47 minutes, 27 seconds
residents through if there's a reasonable way to get it out to a road. 47:31
47 minutes, 31 seconds
I appreciate that. Council Member Lomen Just want to comment, there are several private uh carcass removal companies that you can call and they'll come out and for a nominal fee pick it up. 47:40
Item 2B48
47 minutes, 40 seconds
Mayor Pro Tem Hillberg It would have been so easy just to drag it over to the street, but that didn't seem like the right thing to do. So, yes. Uh thank you, Sean. We we discovered that. Yeah. Yeah. 47:53
47 minutes, 53 seconds
Mayor McCully Any other questions?
47:55
47 minutes, 55 seconds
No. Okay, then we will bring it back to Thank you very much for your time. We appreciate it. Um we'll bring it back to the council for a motion.
48:04
48 minutes, 4 seconds
Mayor Pro Tem Hillberg I move we accept the contract. Okay. Mayor McCully, Do we have a second? Council Member Douglass Second. Council Member Douglass Okay. A second. All in favor?
48:12
48 minutes, 12 seconds
I I I. No opposed. Motion passes. We're good. Thank you. Thank you. 48:23
48 minutes, 23 seconds
All right. So, next council of business.
48:25
48 minutes, 25 seconds
Catrina is a busy woman this evening. um with discussion and adoption of a resolution adopting the annual operating budget for 2627.
48:32
48 minutes, 32 seconds
Catrina Olson, our administrative service officer, is here to present and answer questions. 48:39
48 minutes, 39 seconds
Tonight I will be we Yeah, you're sc you're scrolling too fast here. Uh tonight I am presenting 48:47
48 minutes, 47 seconds
fiscal year 2526 year-end estimates in the proposed fiscal year 2627 budget. 48:54
48 minutes, 54 seconds
This presentation reflects both where we are closing out the current year and how we're planning for the upcoming coming fiscal year. The budget was developed in 49:02
49 minutes, 2 seconds
a cautious economic environment with minimal overall growth. However, we are seeing strong performance and sales tax based on updated projections from HDL. 49:12
49 minutes, 12 seconds
Our objective with this budget is to maintain service levels, remain financially stable, and begin taking intentional steps toward addressing
49:19
Item 2B49
49 minutes, 19 seconds
long-term infrastructure and capital needs across the city. Next slide. 49:27
49 minutes, 27 seconds
Uh tonight's presentation is structured into seven main uh sections. We will begin with the general fund revenue and expenditure overview, then review
49:36
49 minutes, 36 seconds
expenditures by department and by category. We will then discuss the city's fund balance and reserve strategy followed by the capital improvement
49:43
49 minutes, 43 seconds
plan. We will also cover special funds and grants as well as wastewater treatment plant fund before ending with a summary and recommendation. Each
49:51
49 minutes, 51 seconds
section builds toward the final adoption of the 2627 budget. Next, thanks. 49:59
49 minutes, 59 seconds
Following the May 21st budget workshop, staff incorporated council direction into the proposed budget. Economic development funding was reduced from
50:07
50 minutes, 7 seconds
30,000 to 15,000 and those funds were reallocated to central services with no net general fund impact for the event uh
50:16
50 minutes, 16 seconds
July 3rd and I believe there was another event I mentioned but it is labeled as events. Um economic development funding
50:24
50 minutes, 24 seconds
okay got that salary and benefit adjustments were also updated including a 3.58 cost of living adjustment. the
50:31
50 minutes, 31 seconds
addition of standby pay at $4 per hour where I had it originally assumed at five. The original uh assumed cost of
50:40
50 minutes, 40 seconds
living was 2.8 um and a 5% pay increase for safety for the safety officer. 50:46
50 minutes, 46 seconds
Health caps were also um increased.
50:51
50 minutes, 51 seconds
These changes resulted in a a slight increase um or actually a slight it was an actual slight decrease because there were some
50:59
50 minutes, 59 seconds
other true-ups I did to some specific employees um based on their coverages. 51:05
Item 2B50
51 minutes, 5 seconds
Uh that basically generated an additional created an additional net fund change of $2,000. So the impact to
51:13
51 minutes, 13 seconds
the um to the bottom line of the general fund will be 162 versus where it was at the budget workshop at 160. SL next slide please.
51:26
51 minutes, 26 seconds
Okay. This year the city transitioned from a 2-year bianial budget cycle to a one-year cycle. This change allows for greater flexibility, improved
51:34
51 minutes, 34 seconds
forecasting accuracy and better alignment with the implementation of our new uh Tyler ERP program uh financial
51:41
51 minutes, 41 seconds
system. Uh we are on we are on timeline to get the budget adopted by uh June 51:49
51 minutes, 49 seconds
30th and the um overall the economic backdrop includes minimal growth and continued inflationary pressures
51:56
51 minutes, 56 seconds
particularly in salaries and benefits and materials. Next slide please. 52:02
52 minutes, 2 seconds
Uh the general fund is ending fiscal year 25/26 in a very strong position. The adopted budget was
2.69 while the
52:09
52 minutes, 9 seconds
year-end estimate is 3.46 representing a 29% positive variance. This increase is primarily driven by sales tax
52:17
52 minutes, 17 seconds
performance. For fiscal year 26/27 revenue is proposed proposed at 3.45 million which is essentially flat
52:25
52 minutes, 25 seconds
compared to the year-end estimate. Sales tax makes up approximately tw 55% of the total general fund revenue, highlighting
52:32
52 minutes, 32 seconds
both strength and reliance on that revenue source. Next slide, please. 52:38
52 minutes, 38 seconds
Property tax is projected at $540,000, reflecting a 4% growth from Proposition 13 and development.
Sales tax is
52:46
52 minutes, 46 seconds
Item 2B51
projected at 1.89 million, slightly reduced from the current year estimate to reflect a conservative outlook.
52:53
52 minutes, 53 seconds
Transit occupancy tax and other revenues are expected to decrease slightly, particularly due to reduced interest income. Again, that's a conservative uh 53:02
53 minutes, 2 seconds
where we're ending up this year um in the $200 plus,000 range. So, the um the amount being projected in the budget for next year is is conservative. 53:13
53 minutes, 13 seconds
Um a new $100,000 transfer reflects an accounting change related to law enforcement funding, which we discussed during the budget workshop. Next slide. 53:22
53 minutes, 22 seconds
General fund expenditures are proposed at approximately 3.29 million, a 42% increase from the yearend estimate. It 53:30
53 minutes, 30 seconds
is important to note that the prior year-end estimate was lower due to staffing vacancies and conservative spending resulting in a temporary
53:37
53 minutes, 37 seconds
savings. The proposed budget reflects a return to full staffing levels as well as the addition of capital projects and transfers.
53:45
53 minutes, 45 seconds
Next slide.
53:48
53 minutes, 48 seconds
Um the sheriff's department remains the largest expenditure at approximately 30% of the general fund. Central services accounts for 19% followed by administration at 14%. 53:59
53 minutes, 59 seconds
Increases in these areas are driven by staffing contract services and in the inclusion of capital and transfers within central services can go ahead. Thank you. 54:16
54 minutes, 16 seconds
Okay. Contracted services represent the largest category at approximately 55% of total expenditures.
Salaries and benefits account for 17% reflecting
54:26
54 minutes, 26 seconds
increased staffing and rising benefit costs. Capital and transfers represent 15% as a new category capturing
54:33
54 minutes, 33 seconds
investments in projects and infrastructure funding.
54:40
54 minutes, 40 seconds
Item 2B52
Most cost drivers include a 3.58% cola, a 12% increase in health benefits, and higher CalPERS and workers compensation
54:48
54 minutes, 48 seconds
costs. Contract service increases include sheriff services, city attorney, engineering, and planning.
Additionally,
54:57
54 minutes, 57 seconds
501,000 in capital and transfer funding supports infrastructure needs. 55:04
55 minutes, 4 seconds
All right. So, talking about the fund balance, the city's projected to end 2526 with a $1.15 million surplus.
55:15
55 minutes, 15 seconds
Staff recommends uh allocating these funds strategically across reserves, including capital replacement, planning,
55:22
55 minutes, 22 seconds
pension obligations, and operating reserves. We discussed this at the budget workshop and it's outlined in the
55:29
55 minutes, 29 seconds
um detailed budget in the agenda. Uh this per this approach um prioritizes long long-term sustainability and
55:37
55 minutes, 37 seconds
ensures financial resilience slide. Does anybody have any questions about the general fund before I move into the capital improvement?
55:47
55 minutes, 47 seconds
Mayor McCully Any questions of the public?
55:50
55 minutes, 50 seconds
Okay. Mayor Pro Tem Hillberg Would you repeat any questions about what 55:56
55 minutes, 56 seconds
Catrina Olson the general the overall overview of the general fund before I go on to the capital improvement plan?
56:03
56 minutes, 3 seconds
Mayor Pro Tem Hillberg No, I have a question later.
56:06
56 minutes, 6 seconds
Catrina Olson Okay. Moving to the capital improvement plan. The total is 390,000 for two 2026 27.
Projects include downtown
56:14
56 minutes, 14 seconds
Item 2B53
improvements, park rehabilitation, ADA improvements, road maintenance, and wastewater system enhancements. All
56:21
56 minutes, 21 seconds
projects are considered priority and address near near-term infrastructure needs. 56:28
56 minutes, 28 seconds
Uh, next, special funds. Two funds, land development and uh, cannabis will be closed as part of the accounting
56:36
56 minutes, 36 seconds
cleanup. Key active programs include the $3 million home hardening grant and the CDBG road rehabilitation program. The
56:44
56 minutes, 44 seconds
streets funds relies on transfers from the general fund to maintain that zero balance. 56:52
56 minutes, 52 seconds
Moving to the wastewater fund. The wastewater fund remains stable with revenues of approximately
2.32 million and no rate increases since fiscal year 23/24. 57:01
57 minutes, 1 second
a st a strong surplus in fiscal year 2526 was driven by reduced costs in operational savings as discussed in the
57:10
57 minutes, 10 seconds
budget workshop. Solar was one of those vacancies and just overall reduced 57:17
57 minutes, 17 seconds
reduced spending. The fiscal year 26/27 budget is essentially balanced through rising costs um and it may require
57:25
57 minutes, 25 seconds
future evaluation for um rate increases to cover those growing uh operational costs. 57:35
57 minutes, 35 seconds
In conclusion, the city is in a strong financial position. The proposed budget is balanced, incorporate strategic investments, and reasonably allocates
57:43
57 minutes, 43 seconds
surplus funds to reserves and infrastructure. Staff recommends adoption of the 26/27 annual operating budget.
57:52
57 minutes, 52 seconds
Thank you. Happy to entertain any questions.
57:55
57 minutes, 55 seconds
Mayor McCully Thank you very much. Those were a lot of numbers. 58:01
58 minutes, 1 second
Item 2B54
Yeah. Takes a minute to observe any questions, comments from the public. Okay. 58:08
58 minutes, 8 seconds
Good numbers. That's right. That's right. All right. Go ahead, Kim. 58:15
58 minutes, 15 seconds Council Member Douglass
going into our Catrina Olson That's exactly what it is. That's why it's going down and not up. 58:29
58 minutes, 29 seconds
Mayor McCully All right, go ahead with your question.
58:31
58 minutes, 31 seconds
We had just Mayor Pro Tem Hillberg first a comment that I think it's awesome that we did so well last year and we're putting it in a good place.
58:39
58 minutes, 39 seconds
So, a great job I would say. Um I have one question.
58:47
58 minutes, 47 seconds
Mayor Pro Tem Hillberg Um the first paragraph here it said that at council direction we reduced what was
58:54
58 minutes, 54 seconds
a $30,000 investment in um we were giving it to nonprofits and to events and it said the council directed it to go to 15.
59:07
59 minutes, 7 seconds
uh that only came up in a workshop and we can't direct in a workshop and we've not discussed it since.
59:17
59 minutes, 17 seconds
So I'm wondering what where did the council direction come from that reduced that to 15,000 because
59:24
59 minutes, 24 seconds
we didn't discuss it during that meeting. We had comments from the dias but Catrina Olson it was it was not it was not reduced
59:33
59 minutes, 33 seconds
to 15,000. There's still $30,000 within the budget. The overall council budget was reduced by 15,000 because all you
59:42
59 minutes, 42 seconds
have now in in that is is for the separated events. And that was what I was told to do with the budget when I went back and reworked it. And I left
59:50
59 minutes, 50 seconds
Item 2B55
$15,000 moved $15,000 into central services.
59:55
59 minutes, 55 seconds
Actually, the central services is for the events because it really isn't anybody's thing. It's the communities
1:00:02
1 hour, 2 seconds
thing which is where a lot of expenses land that are for community or non-dep departmental central services. The
1:00:10
1 hour, 10 seconds
remaining 15,000 is in the economic development fund at which when we had that discussion you are going to go go
1:00:18
1 hour, 18 seconds
back and decide what kind of application process you want for that economic development. So, this was just what I
1:00:24
1 hour, 24 seconds
was I was outlining what I what I exactly changed in the budget that came from here. I didn't just randomly go and make that change myself.
1:00:34
1 hour, 34 seconds
Mayor Pro Tem Hillberg Okay. Where did the other 15 go then? Cuz I looked through there. 1:00:36
1 hour, 36 seconds
Catrina Olson The other $15,000 is in central services. So, if you if you notice, except for the $2,000 difference in the
1:00:44
1 hour, 44 seconds
net change in the general fund, it went to 162,000 versus 160. 1:00:50
1 hour, 50 seconds
that was related to the changes I made based on the negotiations in mo uh the tenative agreements that were made
1:00:57
1 hour, 57 seconds
between the city and the union. So that 2000 that 2000 savings was from those 1:01:04
1 hour, 1 minute, 4 seconds
adjustments that I made from original assumptions. Otherwise it's a net zero which means 15,000 just got moved to another department. So, there's a line 1:01:12
1 hour, 1 minute, 12 seconds
item on central services for events that says 15,000 if you look in the detailed budget and there's 15,000 in economic
1:01:20
1 hour, 1 minute, 20 seconds
development within the city council budget. That's a specific line. 1:01:24
Item 2B56
1 hour, 1 minute, 24 seconds
Mayor Pro Tem Hillberg Okay, I missed that. Could you show me where that is or tell me where that is?
1:01:31
1 hour, 1 minute, 31 seconds
Cuz I I didn't see that up to and and I then I would ask the question, 1:01:38
1 hour, 1 minute, 38 seconds
why did we change it at all? Why? Why did we do that?
1:01:42
1 hour, 1 minute, 42 seconds
Mayor McCully Separate out the conversation that we' had was to make a solid separation with the event funding and then the other
1:01:50
1 hour, 1 minute, 50 seconds
nonprofit okay funding. So, it's to it's to pull those completely apart from each other. 1:01:55
1 hour, 1 minute, 55 seconds
Mayor Pro Tem Hillberg Okay, I get it. And I don't agree with it. I believe that it's up to the council to administer how we spend that
1:02:03
1 hour, 2 minutes, 3 seconds
$30,000 and not to commit half of it to events. Catrina Olson This is just a planning document.
Okay? We'll reiterate
1:02:11
1 hour, 2 minutes, 11 seconds
that each time I come have come in front of you. This is a planning document. It's it's living and it it it changes.
1:02:17
1 hour, 2 minutes, 17 seconds
It gets modified. It gets adjusted. So if you guys change your minds, then it can be it can be modified. Right now this is what I heard coming out of the workshop. And so that is what I did. 1:02:29
1 hour, 2 minutes, 29 seconds
Mayor Pro Tem Hillberg Okay. I'm not I'm not blaming you. I'm just wondering where the direction came from because we didn't discuss that as a council. And it it's unimportant to 1:02:38
1 hour, 2 minutes, 38 seconds
answer that question now, but it cons it's a concern and I don't see that we needed to separate it at all. I'm not
1:02:46
1 hour, 2 minutes, 46 seconds
even willing to commit half of it to events, which means it's not available to others. I would like us to determine
1:02:55
1 hour, 2 minutes, 55 seconds
Item 2B57
item by item how to spend that $30,000 and not commit money to events. Not to 1:03:03
1 hour, 3 minutes, 3 seconds
say that it won't go there because in the last two years it did, but I I don't 1:03:10
1 hour, 3 minutes, 10 seconds
see any reason to separate it unless somebody can explain one to me. I don't see one. That's just my position.
1:03:16
1 hour, 3 minutes, 16 seconds
Council Member Lomen That was a compromise we came to after much discussion on it at the workshop.
1:03:20
1 hour, 3 minutes, 20 seconds
Mayor Pro Tem Hillberg We didn't come to a conclusion at the workshop. We just discussed it. It nobody we did not come we can't we can't
1:03:29
1 hour, 3 minutes, 29 seconds
we can't do that during a workshop. Council Member Lomen That was where the discussion led to was that is probably the best situation. Let's go ahead and see how it looks in the budget. 1:03:37
1 hour, 3 minutes, 37 seconds
Mayor Pro Tem Hillberg It was said I think this is a council decision, not one to be made in that way. It seems like we discussed it and
1:03:45
1 hour, 3 minutes, 45 seconds
then all of a sudden we changed it without the council having voted on it and here we are. We've now 1:03:54
1 hour, 3 minutes, 54 seconds
I may the mayor um David Rudman, I'm sitting in for Mr. happens today, city attorney. 1:03:59
1 hour, 3 minutes, 59 seconds
Um, at at a workshop, direction can be given to staff. There's no final decisions made. The final decision is what you're being asked to make tonight.
1:04:08
1 hour, 4 minutes, 8 seconds
So, although there is a requirement that we have a budget prior to the end of the fiscal year, technically the council still has discretion to to make changes. 1:04:18
1 hour, 4 minutes, 18 seconds
So, there was no final decision. my understanding from the discussion there was some direction given which is entirely appropriate to happen at a um
1:04:26
1 hour, 4 minutes, 26 seconds
at a town hall um and so now is what's being brought back to you it sounds like was the result of a potential compromise
Item 2B58
1:04:35
1 hour, 4 minutes, 35 seconds
that that was that was discussed and if you don't agree with it obviously you don't have to vote for it but but no final decision was made Mayor Pro Tem Hillberg we we did not 1:04:43
1 hour, 4 minutes, 43 seconds
make a decision at the workshop Ron Walker, City manager if I may this item can be brought back separately after the budget has been adopted for council to vote on as a 1:04:52
1 hour, 4 minutes, 52 seconds
group Mayor McCully and I think that's part of what the intention was because we were going to bring it back and completely overhaul that program and the the way it was 1:05:00
1 hour, 5 minutes
being administered anyway. So that was absolutely part of the conversation that we had and the direction was that we wanted to overhaul that entire plan and 1:05:09
1 hour, 5 minutes, 9 seconds
the conversation that we had and I think it was Trinity that started the proposal was to separate out the funding uh primarily to pull those events off of the other uh events. 1:05:20
1 hour, 5 minutes, 20 seconds
Mayor Pro Tem Hillberg The discussion okay the discussion in the meeting ended with no direction being given to staff. it just ended.
1:05:28
1 hour, 5 minutes, 28 seconds
Mayor McCully The direction given to staff was to separate those two ch those two pots. And I and I don't have my notes on me because I know we
1:05:36
1 hour, 5 minutes, 36 seconds
specifically said how much for uh the third and how much for Winterfest if somebody was to pick it up cuz the
1:05:44
1 hour, 5 minutes, 44 seconds
because those were for the fireworks because they were the biggest chunks of change. So there were specific numbers on that and I don't have them with me. I want to say that it was 7500 1:05:53
1 hour, 5 minutes, 53 seconds
for the third and maybe five for Winterfest. I think Mayor Pro Tem Hillberg I'm I'm not willing to commit in my case
1:06:02
1 hour, 6 minutes, 2 seconds
if it comes to a vote. I'm not willing to commit money to events. I'm willing to commit $30,000 1:06:10
Item 2B59
1 hour, 6 minutes, 10 seconds
to be determined by us as the year goes on. I'm not willing to commit 15 to 1:06:16
1 hour, 6 minutes, 16 seconds
event now and then allowing only 15 left to divide among whatever else we might do. It's too early. 1:06:24
1 hour, 6 minutes, 24 seconds
Council Member Lomen Cool. Larry, then how about how about this? Do you have the option to approve this budget as written with us
1:06:34
1 hour, 6 minutes, 34 seconds
coming with the express cons express direction that we're going to come back and review this portion of the budget to
1:06:41
1 hour, 6 minutes, 41 seconds
make sure that we have that $30,000 properly allocated whether it be between two funds or not. 1:06:47
1 hour, 6 minutes, 47 seconds
Mayor McCully And part of that would be overhauling the system and the application system and what we want to see from applicantics
1:07:01
1 hour, 7 minutes, 1 second
Catrina Olson which is not typical in a budget process. um this economic development. 1:07:05
1 hour, 7 minutes, 5 seconds
Yes, it is. Um I can see an a an issue, a greater issue, but I did reiterate at 1:07:13
1 hour, 7 minutes, 13 seconds
the end the changes I would be making to the physical budget and bringing it back for review for adoption. Again, this is
1:07:20
1 hour, 7 minutes, 20 seconds
is a living document. Modifications could be made and you specifically asked where the event money is. If you go to
1:07:29
1 hour, 7 minutes, 29 seconds
the departmental fund expenditure detail for 100 department 100 central services it's right here. 1:07:41
1 hour, 7 minutes, 41 seconds
I don't I don't know what page it's in in the agenda.
1:07:45
1 hour, 7 minutes, 45 seconds
I don't have the title.
1:07:49
1 hour, 7 minutes, 49 seconds
It is uh general fund departmental expenditure detail 100 central services. 1:07:58
1 hour, 7 minutes, 58 seconds
It is under miscellaneous expenditures down near the bottom and there is a Item 2B60
1:08:05
1 hour, 8 minutes, 5 seconds
there's a cost category 8257 that says events.
1:08:25
1 hour, 8 minutes, 25 seconds
that yes David Rudman it's page 77 of the packet
1:08:33
1 hour, 8 minutes, 33 seconds
that's that's the next page for general fund departmental expenditure detail for 110 1:08:41
1 hour, 8 minutes, 41 seconds
city council there is a line item for economic development 8263 for well 1:08:48
1 hour, 8 minutes, 48 seconds
there's actually it's supposed to be 15,000 that's a That's a typo because as you 1:08:55
1 hour, 8 minutes, 55 seconds
can see the total says 15,000. So the the 30,000 is still there. It did not net any change. 1:09:02
1 hour, 9 minutes, 2 seconds
Mayor Pro Tem Hillberg Excuse me. What I'm saying is that I am not willing to commit half of it to events at this time. I am willing to
1:09:10
1 hour, 9 minutes, 10 seconds
commit $30,000 for us to determine either at a later meeting or at a 1:09:16
1 hour, 9 minutes, 16 seconds
different time, but not now because we didn't do it in the last two years. This is a significant change. 1:09:24
1 hour, 9 minutes, 24 seconds
We did not dedicate money to events at budget time and commit it at the start of the year, but we did allocate it
1:09:32
1 hour, 9 minutes, 32 seconds
during the year, and I don't see any reason to change that. 1:09:35
1 hour, 9 minutes, 35 seconds
Ron Walker, City manager Well, staff will be happy to bring it back at a later date to discuss. 1:09:39
1 hour, 9 minutes, 39 seconds
Mayor Pro Tem Hillberg Okay. Okay. Because I to me, council direction only comes from a vote. It doesn't come from discussions going back
1:09:48
1 hour, 9 minutes, 48 seconds
and forth. Catrina Olson That's not the way I've seen it done in the for what 14 18 years that I've been working with budgets.
1:09:56
Item 2B61
1 hour, 9 minutes, 56 seconds
I've received direction from workshops and made changes to the budget and brought it back. It's it just I agree with that. Mayor Pro Tem Hillberg I'm I'm fine with you 1:10:04
1 hour, 10 minutes, 4 seconds
on that. I I don't have any issues with what you did. I'm just expressing that I don't like the way that it is.
1:10:12
1 hour, 10 minutes, 12 seconds
Ron Walker, City manager So, if we're fine, we'll bring that back at a later date and continue. Are we good? Mayor McCully because the dollar amounts stay the same. It's just what we're going to 1:10:19
1 hour, 10 minutes, 19 seconds
do with it, right? So, the numbers don't change, just how we're going to deal with that particular portion, which we knew was
1:10:27
1 hour, 10 minutes, 27 seconds
coming back anyways to to be fine- tuned. All right, go for it, Sean. 1:10:38
1 hour, 10 minutes, 38 seconds
Council Member Lomen Okay. Mayor Pro Tem Hillberg So when it comes back to us, it'll be expressed in a different way as one $30,000 block of money that we determine 1:10:46
1 hour, 10 minutes, 46 seconds
over the course of the year how to spend. We don't commit to any anything in particular right now. 1:10:54
1 hour, 10 minutes, 54 seconds
Council Member Lomen You can vote yes or no on my motion. How's that? 1:10:56
1 hour, 10 minutes, 56 seconds
Okay. I move we approve the uh proposed budget for 2627 fiscal year 1:11:05
1 hour, 11 minutes, 5 seconds
um with the direction that we bring back both the economic development fund and sorry what was the other fund Catrina Olson it's events and it's just in it's in all 1:11:13
1 hour, 11 minutes, 13 seconds
in the fund but it's just in the different departments Council Member Lomen bring back those two line items for um
1:11:22
1 hour, 11 minutes, 22 seconds
reconsideration of allocation between the two Mayor Pro Tem Hillberg I'll second that. 1:11:29
1 hour, 11 minutes, 29 seconds
Item 2B62
All right. Go ahead.
1:11:32
1 hour, 11 minutes, 32 seconds
Catrina Olson Thank you because I'm sick of looking at this. 1:11:40
1 hour, 11 minutes, 40 seconds
Mayor McCully All right. So, our next item of council business this evening is discussion of the CG roads of Ashley is here tonight to discuss.
1:11:50
1 hour, 11 minutes, 50 seconds
Oh, I didn't vacation.
1:11:58
1 hour, 11 minutes, 58 seconds
Ron Walker, City manager I'm gonna be my best between.
1:12:05
1 hour, 12 minutes, 5 seconds
Okay. Mayor McCully So, to discuss our road rehabilitation, yes, we do have some road improvement projects in the near future. Everybody very excited to hear about it. 1:12:15
1 hour, 12 minutes, 15 seconds
Let's go for it. Ron Walker, City manager All righty. The 2021 CDBG, that's community development block grant funds, paid for
1:12:22
1 hour, 12 minutes, 22 seconds
the 2024 road repair projects with a remaining amount of about 1.2 million. 1:12:27
1 hour, 12 minutes, 27 seconds
The city has a remaining match amount of 139, so we're up to about 1.37 million. 1:12:33
1 hour, 12 minutes, 33 seconds
Working with the Department of Housing, the city was greenlighted to use the remaining money to continue paving rehabilitation.
1:12:40
1 hour, 12 minutes, 40 seconds
Um, a list of streets were listed and put out to bid. local construction company Simpson and Simpson was the lowest bidder. Tonight, we are asking
1:12:47
1 hour, 12 minutes, 47 seconds
the council to award the project to Simpson Simpson so they can get started. Try to answer any questions.
1:12:57
1 hour, 12 minutes, 57 seconds
Mayor McCully All right. Now, so this did it had specific roads on this that we're going to work on if I recall. Yeah.
1:13:05
1 hour, 13 minutes, 5 seconds
Item 2B63
Okay. So, yeah, just so the community knows the what we're looking at getting worked on this summer. Um,
1:13:12
1 hour, 13 minutes, 12 seconds
Ron Walker, City manager Depot Street, Marvin Church, and East Oak, I believe. 1:13:16
1 hour, 13 minutes, 16 seconds
Mayor McCully Yes. P. Yeah. So, that's what we're looking at doing. Um, that being said, do we have any questions or comments from the public in regards to let's get some roads paved? 1:13:28
1 hour, 13 minutes, 28 seconds
No.
1:13:30
1 hour, 13 minutes, 30 seconds
Ron Walker, City manager Let me add one other thing. If as low as these bids are, there might be remaining money and then we're going to try to get North Main up to 174 done with that. 1:13:40
1 hour, 13 minutes, 40 seconds
Knock on wood. No Promises. We're gonna try. Council Member Lomen Just get it resurfaced. Chip and seal.
1:13:45
1 hour, 13 minutes, 45 seconds
Ron Walker, City manager Yeah, we're gonna do as much as we can with whatever money's left.
Awesome.
1:13:48
1 hour, 13 minutes, 48 seconds
As long as CDBG lets us. We haven't floated that biome yet. 1:13:52
1 hour, 13 minutes, 52 seconds
But, you know, Mayor McCully we're crossing our fingers and we'll push it. Yeah. Picking up every lucky penny you find.
1:13:58
1 hour, 13 minutes, 58 seconds
All right. Do we have any questions or comments from the DIS? 1:14:05
1 hour, 14 minutes, 5 seconds
Mayor Pro Tem Hillberg I could comment that uh the street that I live on is a disaster. Council Member Lomen So is mine.
1:14:14
1 hour, 14 minutes, 14 seconds
Mayor Pro Tem Hillberg I realize these are engineering choices. 1:14:17
1 hour, 14 minutes, 17 seconds
Item 2B64
They're engineering choices and nothing other than that. And I I wouldn't expect anything other than that.
1:14:31
1 hour, 14 minutes, 31 seconds
Mayor McCully All right. Motion Okay. Council Member Lomen Move to uh approve the 1:14:38
1 hour, 14 minutes, 38 seconds
construction contract award for CDBG road rehabilitation projects for 2026. Mayor Pro Tem Hillberg I'll second.
1:14:46
1 hour, 14 minutes, 46 seconds
Mayor McCully All in favor?
1:14:47
1 hour, 14 minutes, 47 seconds
I I I.
1:14:48
1 hour, 14 minutes, 48 seconds
Nobody's opposed. We're good. Simpson and Simpson has the contract. We are Woohoo. 1:14:54
1 hour, 14 minutes, 54 seconds
Yay. Road. We love road paving. There is no question about that. All right, that moves. Well, we're blowing through this.
1:15:01
1 hour, 15 minutes, 1 second
Seems long, but we're good. All right, good of the order. That's where we're at. So, we're going to start with Good of the Order. Once we're done, you can comment on anything we say in Good of 1:15:09
1 hour, 15 minutes, 9 seconds
the Order. So, Sean, I'm going to do Harry a solid and point out that he uh sent an email and said that there's a
1:15:16
1 hour, 15 minutes, 16 seconds
major pothole on Canyon Way and Seams, thanks to the construction uh that's going on there or the construction crews
1:15:24
1 hour, 15 minutes, 24 seconds
that are filling up there from the uh hydrant. Thank you. 1:15:29
1 hour, 15 minutes, 29 seconds
So yeah, the road is getting pretty bad right there. They're flooding it out and the the subgrade starting to erode pretty bad.
1:15:41
1 hour, 15 minutes, 41 seconds
Mayor McCully Isn't that the hydrant though that doesn't have the lock that there's people that have been filling it up that aren't actually getting the whatever proper 1:15:49
Item 2B65
1 hour, 15 minutes, 49 seconds
Council Member Lomen hydrant meters? Yeah, we're trying to keep an eye on that. They've been going back and forth because there's the one by the chevron that has the the meter on it, the other one doesn't. They go back
1:15:57
1 hour, 15 minutes, 57 seconds
and forth between the two. Mayor McCully So yeah, whatever we need to do to cut back on the usage on that.
1:16:02
1 hour, 16 minutes, 2 seconds
Council Member Lomen Yeah, PCWA is aware. So we'll we can ask the contractor to stay off of that hydrant and make sure they're over at the other one.
1:16:09
1 hour, 16 minutes, 9 seconds
Okay, Kim, concerning the pothole on Canyon Way, I wanted to vent for just a moment. 1:16:18
1 hour, 16 minutes, 18 seconds
When I was the mayor, I broke my axle hitting a pothole on Canyon Way. 1:16:24
1 hour, 16 minutes, 24 seconds
And you speak David here. I'm done. Thank you.
1:16:41
1 hour, 16 minutes, 41 seconds
Mayor Pro Tem Hillberg There was something I was going to bring up and I always forget. So, it's going to have to wait. But I do have a
1:16:47
1 hour, 16 minutes, 47 seconds
question. Uh, what does it take to do a park and ride?
1:16:55
1 hour, 16 minutes, 55 seconds
Mayor McCully That's so funny that you asked that.
1:16:57
1 hour, 16 minutes, 57 seconds
Mayor Pro Tem Hillberg I'm I'm very curious because Ron Walker, City manager discussions with Caltrans.
1:17:02
1 hour, 17 minutes, 2 seconds
Mayor Pro Tem Hillberg Okay. And I know that um we have so many people coming off the one exit particularly in the afternoon and they're backing up on the freeway and I 1:17:11
1 hour, 17 minutes, 11 seconds
don't know if it would help but maybe if there was a parking ride at the other exit and anyway that I would like to see us put that on the agenda and discuss it.
Item 2B66
1:17:19
1 hour, 17 minutes, 19 seconds
Ron Walker, City manager Hey, I'll take new pavement anywhere. 1:17:21
1 hour, 17 minutes, 21 seconds
Mayor McCully Yes. So actually it's really funny because I had an email exchange with the Caltrans rep just yesterday on that very
1:17:28
1 hour, 17 minutes, 28 seconds
subject. So, we have started the process with them and they've got the map of where, you know, we've been thinking about it and really pushing the extra 1:17:36
1 hour, 17 minutes, 36 seconds
traffic that's been running from Grass Valley and it's a it's a great spot to do it. So, cross our fingers it goes.
1:17:42
1 hour, 17 minutes, 42 seconds
Mayor Pro Tem Hillberg So, yeah, that great minds think a lot clear. 1:17:45
1 hour, 17 minutes, 45 seconds
Does that uh just in discussion, does that have to happen on private property or can it happen on public property?
1:17:52
1 hour, 17 minutes, 52 seconds
Mayor McCully It's city property. Yeah, it's it's public. Yeah. Great. 1:17:55
1 hour, 17 minutes, 55 seconds
Yep. So yeah, with that email was just exchanged. So perfect. All right. So what I would like to bring up uh we'll
1:18:03
1 hour, 18 minutes, 3 seconds
have a little bit of discussion with us is back to our town hall meetings because we are supposed to have one tomorrow night. Uh hey Larry, you you
1:18:12
1 hour, 18 minutes, 12 seconds
get to MC that one because I'm not going to be here. So if you're not going to be here, we'll turn it over to somebody else. Mayor Pro Tem Hillberg I will be here. 1:18:19
1 hour, 18 minutes, 19 seconds
Mayor McCully Fantastic. So you get to MC that one. Um but because we had a brief conversation 1:18:25
1 hour, 18 minutes, 25 seconds
about this recently and the decision had been nope let's keep it as all you know the whole council and stick with a solid
1:18:33
Item 2B67
1 hour, 18 minutes, 33 seconds
agenda item and I don't think it's having the impact that we were hoping for because of the fact that all f all
1:18:41
1 hour, 18 minutes, 41 seconds
you know we have a quorum here it requires an agenda with specific items and then we have to have the full staff here and it's not getting us anywhere for the time that we're putting into it. 1:18:51
1 hour, 18 minutes, 51 seconds
So, I would like to throw out two different suggestions. Um, and hopefully we can make one of these happen. And
1:19:00
1 hour, 19 minutes
that is to turn it back into an actual town hall conversation that allows dialogue back and forth that can be very free flowing that doesn't have to stick
1:19:08
1 hour, 19 minutes, 8 seconds
hard to an agenda. And to do that, the options are only having two council members here and we could rotate through who those are. Um or it would just go 1:19:17
1 hour, 19 minutes, 17 seconds
down to one of us, you know, whether it was, you know, meet with the mayor, whoever's in that position or, you know, rotate through one of us at a time. I 1:19:25
1 hour, 19 minutes, 25 seconds
like the idea of having two personally, but either way, for us to really be able to give that open dialogue to our community and let them have a very free 1:19:33
1 hour, 19 minutes, 33 seconds
flowing conversation. We cannot have a quorum and I would like to get away from that and allow that opportunity for our
1:19:41
1 hour, 19 minutes, 41 seconds
community to be able to have a more open conversation.
1:19:45
1 hour, 19 minutes, 45 seconds
Council Member Lomen I think that's a great idea. It's easier to rotate people through and it's really easy for somebody to come and give a report from that meeting to the rest of 1:19:52
1 hour, 19 minutes, 52 seconds
the council during council meeting. So, okay, Kim, Council Member Lomen make it easier. 1:20:00
1 hour, 20 minutes
Mayor McCully Um, we I'm open to do it another way. I mean, I would like to have two people at each one. I mean, that's how I think it would have a better conversation when 1:20:07
1 hour, 20 minutes, 7 seconds
you two max. Yeah.
Item 2B68
1:20:09
1 hour, 20 minutes, 9 seconds
Yeah. It has to be two max. We can't do We can't do it. So, you know, it could be as one comes up, you know, we can have a conversation who wants to be the 1:20:16
1 hour, 20 minutes, 16 seconds
second on this and I mean, we only have a couple more for this month. Um, and I we can go ahead and do this for tomorrow night and make an adjustment. We can just magically not have a quorum. 1:20:26
1 hour, 20 minutes, 26 seconds
Ron Walker, City manager Yeah. If only two of you show up, then you're having a town hall. 1:20:29
1 hour, 20 minutes, 29 seconds
Mayor McCully Then you'll still have your uh the workshop that we have to have for Kathy. 1:20:34
1 hour, 20 minutes, 34 seconds
Um, we'll still do that. But then if there was only two here tomorrow then it would be a very free flowing conversation back and forth and on any topic that the community would like to 1:20:43
1 hour, 20 minutes, 43 seconds
bring if we make this adjustment for tomorrow.
1:20:46
1 hour, 20 minutes, 46 seconds
Mayor Pro Tem Hillberg I would just like to ask a question. Um I know that during that meeting before that we cannot discuss among ourselves
1:20:53
1 hour, 20 minutes, 53 seconds
things that are coming up from the public during those meetings. I understand that. And so going to two
1:21:01
1 hour, 21 minutes, 1 second
going down to less than a quorum did that does that allow us the two council people to actually talk to each other or we still
1:21:09
1 hour, 21 minutes, 9 seconds
Ron Walker, City manager you don't have a quorum so you're not required to have an agenda or an agendaized item.
1:21:14
1 hour, 21 minutes, 14 seconds
So because you can't make a decision without having a quorum. David Rudman So but what that means is that the the two council members that are at the town hall that are discussing a particular 1:21:22
1 hour, 21 minutes, 22 seconds
topic those council members are now basically the only two that can talk to you. That's the only person that you can really talk to about that item unless 1:21:31
Item 2B69
1 hour, 21 minutes, 31 seconds
you're at a noticed meeting where that item is is on the agenda. 1:21:37
1 hour, 21 minutes, 37 seconds
It so you so if you were on there with council member Loman then you wouldn't be able to speak with the mayor later,
1:21:44
1 hour, 21 minutes, 44 seconds
you know, one- on-one about the particular topic that you just Mayor Pro Tem Hillberg or or if either Sean or I, for example, had spoken with the mayor about it ahead of time, we couldn't talk to each other.
1:21:54
1 hour, 21 minutes, 54 seconds
I mean, I I get the Brown. David Rudman depend on that in that situation. It would really depend on the actual what was actually discussed and whether or not you're learning about their particular thoughts
1:22:03
1 hour, 22 minutes, 3 seconds
about something that's actually coming before the council. 1:22:05
1 hour, 22 minutes, 5 seconds
Mayor Pro Tem Hillberg I mean, I I support these public town hall meetings in any context. I I I want 1:22:13
1 hour, 22 minutes, 13 seconds
us to hear from the public and deal with it in such a way that they keep coming back, you know, be open with them. So,
1:22:20
1 hour, 22 minutes, 20 seconds
I'm whatever we decide to do is okay with me. And I would add again the the 1:22:27
1 hour, 22 minutes, 27 seconds
process that Cindy Gustafson uses for her supervisor meeting where the meeting 1:22:34
1 hour, 22 minutes, 34 seconds
itself is separated from uh some of the public things that happen ahead of time. 1:22:41
1 hour, 22 minutes, 41 seconds
And this is her advisory committee meetings that she has. And I'm not sure how they divided it. 1:22:50
1 hour, 22 minutes, 50 seconds
I'm sure it was looked at by legal staff.
1:22:54
1 hour, 22 minutes, 54 seconds
Um, but the conversation is more free flowing during that first half of the meeting and then when they declare the
1:23:01
1 hour, 23 minutes, 1 second
regular meeting open, then it has to run by the book.
Item 2B70
1:23:06
1 hour, 23 minutes, 6 seconds
Mayor McCully Well, and what we would do is the next council meeting after a town hall, it would be an agenda item to report out from the town hall and then we would all 1:23:15
1 hour, 23 minutes, 15 seconds
be able to have that group conversation that you're looking for. Cindy's the only supervisor at the Wack Mack, right?
1:23:22
1 hour, 23 minutes, 22 seconds
Mayor Pro Tem Hillberg No, she has about six or seven Wack Mack or advisory councils. 1:23:28
1 hour, 23 minutes, 28 seconds
But I think each of the other supervisors has one or Right. 1:23:34
1 hour, 23 minutes, 34 seconds
You know more how Wack Mack. I don't I've never been to one. So there's quite a few because the geography her district.
1:23:44
1 hour, 23 minutes, 44 seconds
Okay. Mayor McCully So, if you guys are open to going down to two people, um, who would like to do tomorrow night?
1:23:51
1 hour, 23 minutes, 51 seconds
Council Member Lomen Let me be the first volunteer to skip it. Skip it. 1:23:53
1 hour, 23 minutes, 53 seconds
Yeah. I have a I have a doctor's appointment and it's going to be late, so I was concerned about making it anyway.
1:23:58
1 hour, 23 minutes, 58 seconds
Mayor McCully There you go. So, if instead instead of instead of making a decision about that, it would be best if you just made that determination.
1:24:05
1 hour, 24 minutes, 5 seconds
Fantastic. I determined that Kim and Larry come hang out tomorrow night because unfortunately, apparently, I'm going to be in Hell Hole tomorrow. So,
1:24:13
1 hour, 24 minutes, 13 seconds
you Yes. Yeah. Mayor Pro Tem Hillberg Well, I'm going to be here regardless. 1:24:20
1 hour, 24 minutes, 20 seconds
Item 2B71
Mayor McCully So, fantastic. Thank you very much. I appreciate it. And then we'll just switch them all to true town hall meetings with lots of dialogue back and forth and we can determine who does the
1:24:28
1 hour, 24 minutes, 28 seconds
next one. So, thank you. All right. That was our staff. Thanks you very much as well because now they do will not have to do
1:24:36
1 hour, 24 minutes, 36 seconds
an agendaized thing anymore. So, all right.
1:24:41
1 hour, 24 minutes, 41 seconds
Any good to the order from anybody down here? Nope. Do we have any public comment on good of the order?
1:24:47
1 hour, 24 minutes, 47 seconds
No. All right, we're going to go ahead and close up then and close this. We do have a closed session, so we'll take a fivem minute recess. And
1:24:54
1 hour, 24 minutes, 54 seconds
David Rudman you guys take public comment on a close session. 1:24:57
1 hour, 24 minutes, 57 seconds
Mayor McCully Oh, that's right. See, somebody's got to keep me in track. Do we have any public comment on the closed session items? We have two of them. 1:25:04
1 hour, 25 minutes, 4 seconds
That's right. I told him he's supposed to kick me.
1:25:07
1 hour, 25 minutes, 7 seconds
All right. So, yeah, that's right. Oh, will poke me. There you go. So yeah, we have uh conferences with labor negotiations and a property management
1:25:14
1 hour, 25 minutes, 14 seconds
discussion. Anybody have any questions, comments? No. All right. Meeting is adjourned for five minutes.
Item 2B72
:00
Mayor McCully All right, we will go ahead and get started. So, we're going to call the session to order for Janu or June.
0:07
7 seconds
January June 24, 2026 is now in session.
0:11
11 seconds
Let's start with the pledge of allegiance, please.
0:17
17 seconds
Aliance to the flag of the United States of America and to the republic for which it stands. One nation under God,
0:25
25 seconds
indivisible, [clears throat] liberty and justice for all. 0:32
32 seconds
All right. Thank you. We have clerk, will you please take role? 0:36
36 seconds
Gabrielle Christakes Council member Lomen here.
0:40
40 seconds
Council member Douglas here.
0:42
42 seconds
Council member Burruss here. Mayor Pro Tim Hillberg here. And Mayor Mccaui. All members present.
0:51
51 seconds
Mayor McCully Thank you very much. Um, so do you want to do the special meeting first? Conor Harkins You just called the regular. Mayor McCully Oh, I did. Okay. All right. 0:59
59 seconds
If you'd like to.
1:01
1 minute, 1 second
That's right. We will do that. All right. So, then we need an approval of the agenda order. Do I can I get a motion to approve it?
1:08
1 minute, 8 seconds
Council Member Burruss I'll move we approve the agenda order and amend it. Okay. Thank you. Do I second? Mayor Pro Tem Hillberg I was going to say.
1:17
1 minute, 17 seconds
Item 2B73
TRANSCRIPT JUNE 24, 2026
Okay.
1:18
1 minute, 18 seconds
Conor Harkins Let's let's I may let's handle the motion. That's the pending motion. 1:23
1 minute, 23 seconds
Mayor McCully This is Yeah, this one's just for the Council Member Burruss withdraw My motion.
Conor Harkins Okay. Mayor McCully Go ahead, Larry.
1:29
1 minute, 29 seconds
Mayor Pro Tem Hillberg Uh, I'd like to remove item 8A from the agenda all alto together. 1:38
1 minute, 38 seconds
I'd like it to be postponed.
1:41
1 minute, 41 seconds
I think uh a million dollar or so agreement and a whole bunch of legal ease that we didn't see till Friday is
1:50
1 minute, 50 seconds
too much to expect of us to really try to read and understand it. And I would like more time So, I move to remove it or postpone it.
2:03
2 minutes, 3 seconds
Council Member Burruss Um, well, I'm going to agree in part with your sentiment that that was a very very prohibitively short time frame. Um,
2:12
2 minutes, 12 seconds
I will say I did have time to review it and I am prepared to act on this one tonight. So, um, you know, maybe we'll
2:20
2 minutes, 20 seconds
take a take a clear, um, pulse check of the rest of the council on whether everyone has had a chance to fully review it.
2:31
2 minutes, 31 seconds
Mayor McCully Well, we also can leave it on the agenda so that way those that have come up just for this can offer their presentation and insight and then we can hold off on 2:39
2 minutes, 39 seconds
making a a decision. If you would like to do that, that's always an option. 2:43
2 minutes, 43 seconds
Council Member Burruss Would you be willing to approve the item? Item 2B74
2:44
2 minutes, 44 seconds
Yeah. So we that way because we have Lieutenant Renegar who's come up for that. That way you can we can speak with her as well and then we can hold off in making a decision if you want to. 2:52
2 minutes, 52 seconds
Mayor Pro Tem Hillberg That's okay with me. I don't mind that part. I just not prepared to make a decision. I just didn't have enough time to read and comprehend it. 3:00
3 minutes
Mayor McCully Okay. So then we will go ahead and leave it on the agenda and when we get to that item we can decide if we're going to go ahead and pass it or for later. So 3:08
3 minutes, 8 seconds
Council Member Burruss I'm good with that and I'll put my motion back on the table. Mayor McCully Okay. So can I get a second? Council Member Lomen Second. 3:13
3 minutes, 13 seconds
Mayor McCully All right. All in favor? I I I All right. Um, so agenda is good. Now we got to switch back to my pages.
3:22
3 minutes, 22 seconds
Uh, consent calendar. Actually, no, I'm sorry. Conflicts of interest. Do we have any new conflicts of interest with anybody? Council Member Lomen No change. Mayor Pro Tem Hillberg No change.
Okay. Mayor McCully Thank you very much.
3:30
3 minutes, 30 seconds
No.
3:31
3 minutes, 31 seconds
All right. [clears throat] Our consent calendar. All items listed on the consent calendar are considered routine in nature and will be approved in one blanket motion with the council vote 3:39
3 minutes, 39 seconds
unless a council member or a member of the public requests something to be pulled for discussion.
Items uh pulled will be addressed after we complete the 3:47
3 minutes, 47 seconds
consent calendar and do it a separate motion. Is there anything from the consent calendar the council or the public would like to pull? Council Member Burruss I'd like to pull item 2E. 3:55
3 minutes, 55 seconds
2. Okay. Anything else? 2C. to see the forklift. Okay.
4:05
Item 2B75
4 minutes, 5 seconds
Conor Harkins Um, we need a action from the from a member of the city council to pull that. 4:10
4 minutes, 10 seconds
The public can ask, but the city uh Council Member Burruss I'll support polling item 2C. Mayor McCully Okay. Conor Harkins Thank you, Council Member Bur. 4:16
4 minutes, 16 seconds
Mayor McCully All right. Thank you. So, we've got uh 2C and 2 E pulled from the consent calendar.
Anything else? Then, can I get a motion to approve the consent calendar minus 2 C and E? 4:26
4 minutes, 26 seconds
Council Member Burruss I'll go ahead and make that motion. Mayor McCully Okay. Can I have a second? Mayor Pro Tem Hillberg Second.
4:29
4 minutes, 29 seconds
Mayor McCully Okay. Larry's got the second. All in favor? I I I thank you. Okay, we'll start with 2C, the forklift for the wastewater uh plant.
4:39
4 minutes, 39 seconds
So, word.
4:42
4 minutes, 42 seconds
Ron Walker, City manager All right. Because [clears throat] of the nature of the operation of the wastewater treatment facility, staff are routinely required to move chemical totes, pumps, motors, maintenance
4:50
4 minutes, 50 seconds
supplies, and other heavy equipment necessary for facility operations and maintenance. These tasks currently performed manually or with rented equipment. The acquisition of a forklift 4:59
4 minutes, 59 seconds
will enable staff to transport materials and equipment more safely, efficiency, efficiently, and reliably reliably
5:07
5 minutes, 7 seconds
throughout the facility while reducing the risk of injury and operation. Um, Matt had went through source weld to get
5:15
5 minutes, 15 seconds
the pricing on this just as we've done with some other things. And unfortunately, he can't be here tonight, so I'll try to answer any questions best I can. 5:24
5 minutes, 24 seconds
Item 2B76
Mayor McCully Okay. Um, we'll go ahead and take comments from the public first. Tom, if you'd like to come up.
5:30
5 minutes, 30 seconds
Yeah,
5:43
5 minutes, 43 seconds
Tom, would you check your microphone, please? Make sure it's on. As long as the green light's on, you're good. The green light on now. Yep. Tom Parnham Okay. Thank you. 5:50
5 minutes, 50 seconds
Tom Parnham Yeah. Um, yeah. $43,000. I thought we should at least talk about it. Um 5:57
5 minutes, 57 seconds
um we had forks for the forklift to use for unloading pallets and whatnot. And uh we've been I understand have we been
6:06
6 minutes, 6 seconds
renting forklifts? Um I just don't it just seems kind of excessive and that's coming from me and 6:16
6 minutes, 16 seconds
I um I think the sewer plant should get everything it needs. And when I saw this I was like what? So anyway, uh just I
6:25
6 minutes, 25 seconds
wanted to just like talk about it and get an explanation on it. Um when I worked at the sewer plant, I bought a bottle of Mr. Clean to mop the floor and
6:32
6 minutes, 32 seconds
I got written up and so you know this kind of expense is uh you know pretty high and I think you 6:41
6 minutes, 41 seconds
know I' I'd like to at least talk about it. So that's all that's all I have to say. I mean if there's a real need for it then absolutely.
6:50
6 minutes, 50 seconds
Thank you Tom.
6:51
6 minutes, 51 seconds
Mayor McCully Thank you. Tom Parnham Thank you for letting me letting me vent. 6:54
6 minutes, 54 seconds
Mayor McCully Oh, absolutely. Do we have any other questions or comments from the public on this item?
6:59
6 minutes, 59 seconds
Item 2B77
Anything from the council? Any questions, concerns, thoughts? 7:03
7 minutes, 3 seconds
Council Member Burruss To Tom's point, are we able to speak to how much we've spent on rental equipment in the last, let's say, three years?
7:10
7 minutes, 10 seconds
Ron Walker, City manager Yeah. Again, unfortunately, Matt couldn't make it in tonight personal reasons. So, I don't have a number on what he spent. [clears throat] 7:19
7 minutes, 19 seconds
I did uh ask that question. Said, "Make sure that you're not, you know, you're not spending a bunch of money up front that you could to schedule out with rental." And he insisted he needed this. 7:29
7 minutes, 29 seconds
He insisted it was something he had to have. I said, "Okay, get some prices on it. We'll take it to council for consideration." Council Member Burruss So, given that he did not get you that 7:37
7 minutes, 37 seconds
information prior to this meeting, I would be inclined to go ahead and put this to the next meeting because he's not here tonight to present or answer this question. 7:50
7 minutes, 50 seconds
Mayor McCully Do you have any other comments? Mayor Pro Tem Hillberg I just again, what was the cost?
7:56
7 minutes, 56 seconds
Mayor McCully 43,144 for a forklift.
8:05
8 minutes, 5 seconds
Okay.
8:06
8 minutes, 6 seconds
Do we have any other questions or comments?
8:08
8 minutes, 8 seconds
Mayor Pro Tem Hillberg Uh only uh it would be nice to know the information that apparently only Matt has. Okay. you know, how much did we
8:15
8 minutes, 15 seconds
spend uh [clears throat] and how does how does that compare to putting out capital money? 8:25
8 minutes, 25 seconds
Mayor McCully Any other comments from the council?
Item 2B78
8:30
8 minutes, 30 seconds
I I know I personally I have a lot of faith in Matt and the work that he's done out there. I don't think he would be spending it if he didn't feel that it
8:38
8 minutes, 38 seconds
would make a huge impact in their efficiency of being able to work out there. And this also is, you know, it's the tail end of this budget year. So, if
8:46
8 minutes, 46 seconds
we carry it over, it's going to change a lot of things on the the finance side of it because we can't backdate it. So, I want Ah, look at that. The woman who knows so much about money. 8:56
8 minutes, 56 seconds
Catrina Olson I I can't give you a number on the rent.
8:58
8 minutes, 58 seconds
I could go look it up, but um that's what I was going to caution you of is there's a reason right now that that the purchase is being made prior to the end
9:07
9 minutes, 7 seconds
of the fiscal year because once that happens, then we're into a new budget year and we're not using the money that we have. Granted, it will go into the
9:15
9 minutes, 15 seconds
equity of the fund and it will still be there, but it's not a budgeted item at this time. So then we have to would have to go through a a budget amendment to
9:24
9 minutes, 24 seconds
the brand new budget. Just just so you know. Mayor McCully Thank you, Katrina. 9:31
9 minutes, 31 seconds
So, like I said, I I have every confidence in Matt to make a wise decision for that plant with what he's shown us in the last year and a half
9:38
9 minutes, 38 seconds
that he's been there. Um, I know it is a big chunk of change and you know, you want to look at it. I had a conversation with him and I asked him, are we have warranties? Does it have service plans? 9:47
9 minutes, 47 seconds
What? And all that stuff is part of the game plan for it. Um, but if if we don't pass it tonight, it 9:55
9 minutes, 55 seconds
will not go into this year's budget because the budget starts over again. 9:58
9 minutes, 58 seconds
Harry, we're not doing public comment on this item. We've already taken it. 10:02
10 minutes, 2 seconds
Harry, we've already done public comment on this item. Please have a seat.
Item 2B79
10:06
10 minutes, 6 seconds
No, please have a seat. Have a seat, please. We've already done public comment on this item. Thank you. So, I
10:14
10 minutes, 14 seconds
Council Member Burruss would propose that maybe we go ahead and um move the conclusion of this item to
10:21
10 minutes, 21 seconds
later in the agenda and allow um allow time to go look that number up real quick just so that we can have concluded
10:30
10 minutes, 30 seconds
the due diligence expectation for the public.
10:36
10 minutes, 36 seconds
Mayor McCully Yeah. Maybe how often he's rented it and what kind of dollar amount if you're able to find it. Will that work? Yeah. Okay. Thank you so much. 10:44
10 minutes, 44 seconds
Council Member Burruss That way, right be, you know, I want to make sure that we did our due diligence cuz I'm on the same page with you where I definitely um have that same 10:52
10 minutes, 52 seconds
confidence, but I want to make sure I'm checking my own biases and doing due diligence there. And I appreciate Tom
11:00
11 minutes
calling it out and making sure that we took a pause and did did everything we're supposed to do before we made the call. So, appreciate the accountability 11:07
11 minutes, 7 seconds
there. Mayor McCully Okay, then we'll just go ahead and table TC 2C until Catrina is able to come back with some numbers this evening. Okay, so we'll go to 2E, which 11:15
11 minutes, 15 seconds
is the employee handbook update. And uh Larry, you had pulled that. Do you want to go ahead and make your or I'm sorry, Trinity, Trinity, do you want to go ahead and start with comments on that? 11:24
11 minutes, 24 seconds
Council Member Burruss Yeah. So, the reason I pulled this one was actually similar to um why Larry wanted to pull 8A from the agenda
11:30
11 minutes, 30 seconds
Item 2B80
earlier. Um, we didn't get a lot of time to review a very very large amount of material and I don't actually know what
11:38
11 minutes, 38 seconds
the changes were between the versions version.
11:43
11 minutes, 43 seconds
No, I know but I'm saying that because of the amount of time that we didn't have um and there wasn't exactly a clear executive summary of the changes. Um, so 11:52
11 minutes, 52 seconds
can you just give us a rundown um just an executive summary level description of what modifications are made between
11:59
11 minutes, 59 seconds
these Mayor McCully I I can tell you from when I went
12:06
12 minutes, 6 seconds
through it, um, the majority of it is changes in basic verbiage and and stuff that just needed to get cleaned up and and language, but there was a couple
12:14
12 minutes, 14 seconds
others that were in there, but I know that was a the Council Member Burruss to that point, the nonsubstantive I'm not so concerned with so much as just I want to know what the substantive changes were.
12:27
12 minutes, 27 seconds
Ron Walker, City manager So there was a bunch of language cleanup in there that just didn't match the new MOU. So was most of it was cleanup language.
12:35
12 minutes, 35 seconds
Uh there was some things in there where employment law had changed. So LCW had changed the employment law verbiage in there. And then um
12:44
12 minutes, 44 seconds
there was some language changed to match the new MOU with the with the u local 39 12:51
12 minutes, 51 seconds
Mayor Pro Tem Hillberg and Connor reviewed it and he's happy with the updates. Conor Harkins Um, no I did not. This was produced by Libert Cassidy Whitmore. 12:59
12 minutes, 59 seconds
Okay. Who who provides counsel.
13:01
13 minutes, 1 second
Council Member Burruss So either way it still had that subject matter expert.
Item 2B81
13:05
13 minutes, 5 seconds
Ron Walker, City manager So it went through Libra Cassidy Whitmore and then it went through the union also went through it and okayed it as well and but we couldn't bring it 13:12
13 minutes, 12 seconds
before then because we had to wait for you to okay the contract. So that was the last close session.
It goes to the open night.
13:20
13 minutes, 20 seconds
Council Member Burruss That helps. Mayor McCully Okay. Council Member Burruss That was my questions.
13:22
13 minutes, 22 seconds
I feel like they're answered. So, Mayor McCully does anybody else from the council have any questions or comments on the employee handbook? Okay. Do we have anybody? Oh, go ahead, Larry.
13:30
13 minutes, 30 seconds
Mayor Pro Tem Hillberg My only comment is there's a lot of changes. You know, it's there's red lines all over the place and substituted text. It It's really It's very hard to follow that way. 13:41
13 minutes, 41 seconds
Mayor McCully Like I said, I I went through it a couple days ago and it most of it was just based click language little things that that are in the long
13:49
13 minutes, 49 seconds
run aren't going to make any difference for our staff, fortunately. Ron Walker, City manager Yeah, we went through that line by line during negotiations.
13:54
13 minutes, 54 seconds
Council Member Lomen Yeah, I would recommend going forward and maybe we can include it as an additional appendex um on the document when we update 14:04
14 minutes, 4 seconds
anything like an employee handbook or something that people rely on as you know a source of truth when it comes to any potential labor action.
14:13
14 minutes, 13 seconds
um when we do revisions to uh versions that we make sure that there is an appendix clarifying what changes were
14:20
14 minutes, 20 seconds
Item 2B82
made between that and the last applicable version. So just the high-level points like you know updates made to align with theou updates made to align
14:29
14 minutes, 29 seconds
with law updates. Um that way if there is a very specific policy level change 14:36
14 minutes, 36 seconds
that's not stemming from a systemic requirement you know we are highlighting that in a weird a very clear easy to
14:44
14 minutes, 44 seconds
catch way that would not be overlooked by an employee potentially by mistake right Mayor McCully do we have any questions or
14:52
14 minutes, 52 seconds
comments from the public on the employee handbook update 15:06
15 minutes, 6 seconds
again. Tom Parnham Um 10 years ago when it was updated the last time the city violated it 15:15
15 minutes, 15 seconds
wrongfully fired before the city for so I just wanted to 15:22
15 minutes, 22 seconds
defend again um make sure that follow through the letter. 15:32
15 minutes, 32 seconds
Mayor McCully Thank you, Tom. All right, we will bring back 2E for a motion for approval. 15:39
15 minutes, 39 seconds
Council Member Burruss Um, I'll make a motion that we approve it and then just add that appendix.
I asked
15:46
15 minutes, 46 seconds
Okay, just a summary of the updates or the reason for the updates. Mayor McCully Okay, can I have a second?
15:55
15 minutes, 55 seconds
Council Member Lomen Second. Mayor McCully Okay. All in favor? 15:57
15 minutes, 57 seconds
I I I Okay. Motion pass.
16:00
16 minutes
Mayor Pro Tem Hillberg
Item 2B83
Mayor Pro Tem Hillberg And I would like to make a motion that before we put something out here like this for public view that they get what
16:07
16 minutes, 7 seconds
we used to call wizzywig, which is what you see is what you get. So rather than an a document that has all these
16:15
16 minutes, 15 seconds
indicated changes, something that has the actual changes in it, I think we should do that and include it in a later agenda.
16:25
16 minutes, 25 seconds
Um I'm not sure how many people in the public care or how many employees might care, but this is really hard to read.
16:32
16 minutes, 32 seconds
Conor Harkins Are are you just asking for a clean version of the policy manual? 16:36
16 minutes, 36 seconds
Mayor Pro Tem Hillberg In other words, actually make the changes that are indicated on the side. actually make the changes.
16:44
16 minutes, 44 seconds
Council Member Burruss Yes. So, a clean draft. Mayor Pro Tem Hillberg Yes. It's just too hard to read.
16:50
16 minutes, 50 seconds
You know, I can do it. I've done it before. We didn't always have wizzywig. 16:54
16 minutes, 54 seconds
You know, we used to get documents like this, but I think we should do better for the public 17:03
17 minutes, 3 seconds
and Council Member Burruss just call it the flattened version. Yeah. 17:10
17 minutes, 10 seconds
Conor Harkins We have a motion, a pending motion to direct staff to prepare a clean version of the document. Yes.
17:19
17 minutes, 19 seconds
Mayor Pro Tem Hillberg And include it in a later agenda so that the public gets to see it and the employees.
17:27
Item 2B84
17 minutes, 27 seconds
Mayor McCully Council Member Burruss Doesn't it get posted on our website? 17:29
17 minutes, 29 seconds
Mayor McCully Yes. So it gets posted to the website after it's been approved so everybody can locate it on there as well.
17:35
17 minutes, 35 seconds
Mayor Pro Tem Hillberg Yes. Okay. If that was I would accept that. 17:37
17 minutes, 37 seconds
Okay. Mayor McCully Yeah, it's it's absolutely posted on the website. Does that work? Okay. No motion needed then.
17:46
17 minutes, 46 seconds
Yeah.
17:47
17 minutes, 47 seconds
Mayor Pro Tem Hillberg Do you want to formally withdraw the motion? Mayor Pro Tem Hillberg Yeah, I'll withdraw it. Okay. Thank you. Thank you.
17:53
17 minutes, 53 seconds
Mayor McCully Okay. So, Katrina is still at crunching numbers. So, we will go to agency reports and start with Pler County Sheriff.
18:08
18 minutes, 8 seconds
Toby Williams Good evening. How's everybody doing tonight? Good. Sergeant Williams, Poster County Sheriff's Office. Uh only a few
18:16
18 minutes, 16 seconds
newer things over the last couple weeks since our last meeting. Uh as most of you know, uh through social media and probably through word of mouth, um we
18:24
18 minutes, 24 seconds
had a an elderly gentleman go missing here in the city uh this last week, week and a half ago. Uh unfortunately, he's
18:32
18 minutes, 32 seconds
still yet to be found. Uh over the last week, week and a half, uh we conducted four separate operations down in um the
18:39
18 minutes, 39 seconds
Item 2B85
Stevens Trail area where he likes to frequent in hopes of trying to uh obtain some kind of um clues, some kind of information of where he might be.
18:49
18 minutes, 49 seconds
Unfortunately, we we didn't locate anything. Uh, our deputies uh continued to do some follow-up with some other
18:55
18 minutes, 55 seconds
folks who had um um more recent information or what they believe was recent information as to his whereabouts
19:03
19 minutes, 3 seconds
and where they last saw him and when. Uh we followed up with those uh and they were all around the same time frame as
19:10
19 minutes, 10 seconds
the information that we ended up getting prior to us starting the search. So, uh we're still doing extra patrols. We're
19:16
19 minutes, 16 seconds
still uh following leads as they come in um or at least perceive leads uh and at least trying to uh turn that into raw
19:24
19 minutes, 24 seconds
intelligence and try to locate him as best and as quick as we can. Uh we 19:31
19 minutes, 31 seconds
assisted CHP with the overturned big rig uh earlier this week um trying to help out with the traffic as best as we
19:39
19 minutes, 39 seconds
could. Um, and then we had a a DUI crash at 174 in North Main earlier this week. 19:46
19 minutes, 46 seconds
Uh, that driver was arrested uh and uh um taken to jail. So, uh, good news is, 19:56
19 minutes, 56 seconds
I guess, if you want to call it that, they weren't too intoxicated, uh, but just obviously enough to to help cause the, uh, the accident. So, no, uh, major
20:05
20 minutes, 5 seconds
injuries in anyone there, um, in either vehicle. So, some a little bit better news there. Oh. Um, any other questions?
20:15
20 minutes, 15 seconds
Mayor Pro Tem Hillberg Um, I have one.
20:17
20 minutes, 17 seconds
How would you characterize the flow of the river right now? I haven't I used to go down there every week, but I don't do that anymore.
Item 2B86
20:23
20 minutes, 23 seconds
Toby Williams Uh, I'm not sure. I'm not a a river expert by any means, but if it's if it's still uh dealing with the snow melt, probably pretty quickly.
20:36
20 minutes, 36 seconds
Mayor McCully Do we have any questions from the public? 20:38
20 minutes, 38 seconds
Tom Parnham I do. Uh I saw circling it looked like over Toby Williams uh when was that? 20:48
20 minutes, 48 seconds
I couldn't be certain. I'm not sure. Okay, perfect. Thank you. All right. Thank you. 20:57
20 minutes, 57 seconds
Mayor McCully Okay, CHP.
21:03
21 minutes, 3 seconds
Good evening everyone. Lieutenant Kile Kenny with the CHP Gold Run office. Um give you guys a little snapshot of some of the things we've been doing over the 21:10
21 minutes, 10 seconds
last 30 days. Uh over the last 30 days, um my office, just the gold run office 21:16
21 minutes, 16 seconds
has uh made over uh 1,719 enforcement contacts. So that's basically they see a violation, they 21:24
21 minutes, 24 seconds
turn their lights on, they they come and contact you. Of those, 1160 uh resulted in an actual traffic 21:31
21 minutes, 31 seconds
citation. And of that, 1160, 835 were due to speed, which is one of our biggest problems we have on the 80
21:39
21 minutes, 39 seconds
corridor here. Um during that time, we've made 11 arrests as well. Um why do I tell you all these stats, right?
21:46
21 minutes, 46 seconds
because uh history and statistics show that the more enforcement contacts that we make with the public, whether they
21:54
21 minutes, 54 seconds
give a verbal or they give a citation, um the more that we're out there, what we call in in in view patrol.
Every time you guys see a black and white, you guys
22:02
Item 2B87
22 minutes, 2 seconds
typically let off the gas. That's exactly what we want. Um the reason we do that is because it reduces the number amount of crashes that we have in that area, reduces injuries, reduces fatals. 22:13
22 minutes, 13 seconds
Um during that time we've take we took two 22 crashes. Um of those only seven of those 22 resulted in injuries which
22:22
22 minutes, 22 seconds
is a good thing. And during that time frame the last 30 days I compare it to the la the 30 days excuse me that same time period a year prior. That's kind of
22:31
22 minutes, 31 seconds
how we judge how we're doing. And that's 18% reduction in crashes during that time which I think is is is good. It doesn't may not seem like a lot but um
22:40
22 minutes, 40 seconds
any lives and injuries we saved and families that we saved. So, um I'm really happy with what my troops are doing right now. Um some of the things
22:48
22 minutes, 48 seconds
that we've just recently done, last Saturday, excuse me, last Friday night on June 20th, we held a uh No, that was Saturday night. I apologize. June 20th,
22:57
22 minutes, 57 seconds
we held a maximum enforcement DUI um raid statewide. Um my my guys alone made 23:05
23 minutes, 5 seconds
8, excuse me, 85 enforcement contacts and 61 of those resulted in citations. 23:11
23 minutes, 11 seconds
We did not get any DUIs. I would say that's a good thing that they weren't out that night. Maybe the word got spread. Um, but that was only a 12-h
23:18
23 minutes, 18 seconds
hour period. So, we we kind of hit that pretty hard. Uh, we do have next weekend uh 4th of July maximum enforcement
23:26
23 minutes, 26 seconds
holiday period that we will be out in full force um and and circling around Colfax as well helping out the so as
23:34
23 minutes, 34 seconds
well. Uh much like the uh sheriff's department just mentioned, we did have a semi-truck that overturned um I guess it
23:42
23 minutes, 42 seconds
would have been 2 days ago about 11:30 at at night coming down the grade. 23:47
23 minutes, 47 seconds
Item 2B88
They're about a mile east of the train trestles there. Speed was a factor. Um he did have approximately 160 pigs in
23:56
23 minutes, 56 seconds
the trailer. Um, I'm just going to assume, I don't know, but I've been doing this a while that um probably hit the brakes at some point going a little
24:04
24 minutes, 4 seconds
bit fast. The load shifted and then uh he couldn't control it from there. The tractor trailer overturned.
Uh the
24:12
24 minutes, 12 seconds
driver uh was transported, but go to find out did not have any injuries. Um that was a unique scene that I don't
24:20
24 minutes, 20 seconds
think anybody at that scene's ever experienced before. So, it did have some logistical issues that we dealt with that it took us a while to kind of get
24:28
24 minutes, 28 seconds
up and running. Uh, additional trailer to offload the the pigs that survived. 24:33
24 minutes, 33 seconds
Uh, animal control was there. Our partners with the the sheriff's department, CalFire came out towards the end um and was helping out. Well, actually, they showed up on scene 24:40
24 minutes, 40 seconds
originally and then came back because the swines that survived were getting uh a bit hot. So, we tried to do what we could there. Uh, generated a lot of um 24:50
24 minutes, 50 seconds
media attention. Um, and I think uh jointly with the other agencies, we did a really good job given the circumstances. Tried to make the best
24:58
24 minutes, 58 seconds
out of that. Typically, when we have a truck overturn there, it it it we can get them up and running a lot, excuse me, get the lanes open a lot quicker.
25:06
25 minutes, 6 seconds
That was caused about a 14-hour delay, which caused major traffic issues all over um all the way up to Truckee all
25:14
25 minutes, 14 seconds
the way down here. I drove by right after and came through here. It looked like a parking lot. So, we are well aware of the ramifications
25:22
25 minutes, 22 seconds
um that these crashes happened. I want you to know that we're doing everything we can to try to prevent those from
25:29
25 minutes, 29 seconds
Item 2B89
occurring to begin with. Um want to know some other things that we're doing up and coming to help combat these big rigs because that's a big issue with the 25:37
25 minutes, 37 seconds
speed them overturning the them resulting in truck fires which affects all of your guys' homes. We are well
25:44
25 minutes, 44 seconds
aware of that. Um we are join we have a joint uh enforcement campaign on July 1st and July 20th with our neighboring
25:53
25 minutes, 53 seconds
CHP commands which will be our truckee
office and our uh Auburn office. Uh and we are pulling resources from our 26:00
26 minutes
commercial units. Those are the guys that kind of drive the Dodge pickups with the white camper shell. Those guys are strictly enforcement. They're going 26:07
26 minutes, 7 seconds
to come out there and we're going to um we're going to hit it really hard and we're going to push it on social media so you guys will see that. We're going
26:14
26 minutes, 14 seconds
to try to make a dent on that the best we can. So, um, I'll stop talking. Does anyone have any questions for me?
26:22
26 minutes, 22 seconds
Mayor McCully Do we have any questions from the council? Go ahead, Larry. Mayor Pro Tem Hillberg I want to see the video.
26:27
26 minutes, 27 seconds
Kile Kenny Well, you could see it was all over the news media. There was about three or four different news medias there, but um, yeah, it was it was definitely a 26:34
26 minutes, 34 seconds
weird um, unique scene that uh, I've never been part of. And so, it it we all learned a lot, that's for sure.
26:42
26 minutes, 42 seconds
Mayor Pro Tem Hillberg Do we have any questions or comments from the public? Okay. All right.
Thank you. Kile Kenny Thank you very much.
26:48
26 minutes, 48 seconds
Mayor McCully All right. Plaster County Fire CalFire
26:57
26 minutes, 57 seconds
Item 2B90
Good evening. Yosh White Battalion Chief with Plaster County Fire and CalFire. 27:01
27 minutes, 1 second
Last week we successfully orchestrated the wastewater treatment plant uh VMP vegetation management project burning 26
27:08
27 minutes, 8 seconds
acres. this week uh upcoming where we've been doing the prep over the last few weeks for burnt flat. Same same style of
27:15
27 minutes, 15 seconds
burn. Uh it was a great opportunity for some training for some of our newer firefighters and for some of our company officers in some of the leadership and
27:23
27 minutes, 23 seconds
management positions as well as good management for fire prevention in the future. Uh the burnt flat burn, we're expecting to do 14 acres. We're
27:31
27 minutes, 31 seconds
expecting to do that on the second uh if weather permits. 27:36
27 minutes, 36 seconds
Um [clears throat] I spoke with UP uh face to face about some weed abatement for 27:42
27 minutes, 42 seconds
the upcoming 3rd of July and the on-duty battalion chief who will be the IC during those um festivities is going to
27:50
27 minutes, 50 seconds
be here Friday morning. So he'll take you up on the offer to meet with UP's PIO. 27:56
27 minutes, 56 seconds
Um some mention mention on social media about aircraft. We've done two different training sessions, one today and one
28:05
28 minutes, 5 seconds
earlier in the week with some of our newer pilots, some of our contract aircraft. So, uh, today and a few days ago, we had one of our air attack
28:12
28 minutes, 12 seconds
planes, one of our air tankers, and one of our helicopters. Today was the Shinnok out of Truckee.
Um, they were training with myself and one of my
28:20
28 minutes, 20 seconds
captains on how to aggressively fight the fires in our canyons uh, and make sure that our communications are going well. So, nothing to be alarmed with 28:28
28 minutes, 28 seconds
today or earlier in the week uh, with the aircraft overhead. We're just doing what we need to do uh to keep our fires small in the future.
28:36
Item 2B91
28 minutes, 36 seconds
Um and then regarding the fly flyover request, I've pushed forward after our meeting this morning um the request on
28:45
28 minutes, 45 seconds
our side. So I'll hand that off to Chief Burgard who will be the IC. So he'll coordinate that moving forward.
28:52
28 minutes, 52 seconds
Uh and that completes um where we are up to this point with Placer County. 28:57
28 minutes, 57 seconds
Mayor McCully Okay. Do we have any questions from the council? Anything from the public? Go ahead, sir.
29:19
29 minutes, 19 seconds
Chief White um in the same manner that we have in the past. Our defensible space inspectors come out and we'll do inspections. Um and our goal is is
29:29
29 minutes, 29 seconds
assistance um through our professional understanding of the law and and how we can help you to understand exactly what you need to do to harden your home and 29:38
29 minutes, 38 seconds
to defend your home. Our goal is not to do enforcement, but uh we'd like we'd like to just to get the work done. So,
29:46
29 minutes, 46 seconds
our defensive space inspectors will be out in the area. They hopefully can meet with the homeowners face to face. Um we
29:53
29 minutes, 53 seconds
have our checklists and paperwork that'll show you what is lacking or what's looking good on the property.
30:02
30 minutes, 2 seconds
Chief White We have No, we have multiple folks plus our engine companies. So, we have a whole defensible space inspection team based out of Auburn who canvas the 30:11
30 minutes, 11 seconds
three county area that we cover as well as our engine companies um do the same inspections and they um get out and get active throughout the communities. 30:29
30 minutes, 29 seconds
Chief White There's no 800 number. Uh you can go to fire.ca.gov um for the information on that and you can talk to me offline afterwards and I can get you information you need. 30:41
Item 2B92
30 minutes, 41 seconds
Okay. Thank you. All right. Mayor McCully Thank you.
30:43
30 minutes, 43 seconds
Mayor McCully Okay. Um Caltrans was not able to make it. So, do we have any nonprofits that want to make a report this evening?
30:51
30 minutes, 51 seconds
Okay.
30:53
30 minutes, 53 seconds
Um can we go ahead and do the forklift now since Catrina's back? Okay. So, we're going to go ahead and bring item 2 C back, and that's the forklift for the 31:01
31 minutes, 1 second
wastewater treatment [clears throat] plant since Katrina's got some numbers for us. 31:09
31 minutes, 9 seconds
Catrina Olson I ended up talking to Matt for a few minutes. And um so what we've spent with the vendors that we use when we have
31:16
31 minutes, 16 seconds
issues with the pumps, which is what a good majority of the forklift is for, is about $40,000. though um over the last
31:25
31 minutes, 25 seconds
three years. So, we use two specific vendors that come out and help with the pumps. Um, and then he said he wanted to
31:33
31 minutes, 33 seconds
be sure that I um let you know as best as I can that there 31:42
31 minutes, 42 seconds
was a SAF project that um a while back and I guess they were supposed to get a forklift with it and they ran out of
31:50
31 minutes, 50 seconds
money so they didn't get a forklift removal project.
31:54
31 minutes, 54 seconds
That was Ron Walker, City Manager you'd have to have a forklift to feed the chemicals into it. 31:57
31 minutes, 57 seconds
Catrina Olson Yeah. So, and they can't b with with what they have, they can't move anything over 200 lb. So, they basically are um
32:06
32 minutes, 6 seconds
Item 2B93
using vendors to come out and help them do what they need to get done. So, that's basically what he said. And then he just texted me. So, let me make sure
32:15
32 minutes, 15 seconds
I Oh, jeez.
32:24
32 minutes, 24 seconds
Uh let's see.
32:28
32 minutes, 28 seconds
He said, "Please let them know that we do not have the ability to load polymer into the SAF process that was just installed at the plant for algae
32:37
32 minutes, 37 seconds
removal. They pulled the forklift from the project due to the insufficient funds for the project. We would have to hire a company to load and change
32:44
32 minutes, 44 seconds
Poly barrels. We do not have the ability to move pumps or pull pumps at the plant over 150 lbs due to safety issues.
32:52
32 minutes, 52 seconds
Here's the reason behind the purchase. So, that's what I was able to get. 32:56
32 minutes, 56 seconds
Mayor McCully Thank you, Katrina. Um, we'll go ahead and take public comment. I know Harry, you had something on this.
33:03
33 minutes, 3 seconds
Go ahead.
33:14
33 minutes, 14 seconds
Harry Anderson On the forklift issue, I did some homework before I came. That's part of why I was a little late.
33:21
33 minutes, 21 seconds
Um, I called a uh company in Sacramento for assistance and I asked him a couple questions. One, is 33:29
33 minutes, 29 seconds
there a u is there a justification for $43,000 for a 7,000lb 33:37
33 minutes, 37 seconds
lift forklift? And they said no. Because of the economy, there are so many there. 33:43
33 minutes, 43 seconds
They're flooded with forklifts right now on the market. and we could actually get 33:49
33 minutes, 49 seconds
a 8,000lb lift for 3 thou for uh 33,000
Item 2B94
33:55
33 minutes, 55 seconds
rather than 43,000. And I asked them also about um they're in Sacramento. Uh Pepe, they're they've been around a long time. Uh they have extended warranties. 34:08
34 minutes, 8 seconds
They have parts on hand right down there. Uh they come on site and will repair. Um, and uh, 34:17
34 minutes, 17 seconds
the lady that I spoke to has been a salesperson with them for 21 years. And she said, "There's absolutely positively
34:24
34 minutes, 24 seconds
no reason for you to buy uh, in that situation for that amount of money." Plus, the fact that was really strange when I did a little homework on what the um, staff wrote about this outfit. 34:36
34 minutes, 36 seconds
There's a middleman.
34:38
34 minutes, 38 seconds
It's not Bobcat. And by the way, Bobcat is made in South Korea. It's not American anymore. 34:44
34 minutes, 44 seconds
Um the uh the Bobcat company goes through a government agency seller kind 34:50
34 minutes, 50 seconds
of guy that's in Minnesota of all places and with all the graft and corruption going on. That'd be the last place on earth I'd want to buy anything from a
34:59
34 minutes, 59 seconds
government agency. But anyway, that is that there's a commission involved in there somewhere. So, by eliminating that and plus with all the inventory that's 35:08
35 minutes, 8 seconds
available on the West Coast, you can have a forklift pretty quick and save a lot of money and I'd be happy to turn over the information to you folks.
35:19
35 minutes, 19 seconds
Mayor McCully Thank you, Harry. That yes, Ron Walker, City Manager Matt's going to try to zoom in on the website.
35:25
35 minutes, 25 seconds
Mayor McCully Okay, that would be great. If Matt comes in, we'll go right to him. Um, do we have any other public comments or questions on this item?
35:33
35 minutes, 33 seconds
No.
35:34
35 minutes, 34 seconds
Item 2B95
Okay. that I will bring it to the council for questions or comments while we wait for Matt who's trying to get on the Zoom with us.
35:44
35 minutes, 44 seconds
Got nothing. I know you were doing a little bit of research there real quick, Trinity. 35:49
35 minutes, 49 seconds
So, we can table this again till he can get back on if you want. 35:55
35 minutes, 55 seconds
Council Member Burruss I mean, I'm not It's fine as long as we get to it before the end of the meeting.
36:00
36 minutes
Mayor McCully All right, then. And yeah, we we'll hold it and as soon as Matt pops on, let us know and we can backtrack.
36:05
36 minutes, 5 seconds
So, all right. Well, we're just going to play, you know, jumping around today. 36:09
36 minutes, 9 seconds
Mayor Pro Tem Hillberg It seems like we could do a little more homework on shopping. Maybe not. 36:13
36 minutes, 13 seconds
Mayor McCully I think we'll wait and could see what Matt has to say because I know he did a lot of the digging on that. So, we'll wait till he's able to join us because he'll be able to speak knowledgeably
36:21
36 minutes, 21 seconds
about that. All right. So, let us move on. Actually, we'll go right into public comment. That's where we are next. So, public comment. Every member of the
36:29
36 minutes, 29 seconds
public has the opportunity to address the city council for comments. Uh you may speak on the council on any item that is not on this agenda. We cannot 36:36
36 minutes, 36 seconds
act on items not included in the agenda, but we can refer them to staff if needs be. If you'd like to make public comment, please come to the podium,
36:44
36 minutes, 44 seconds
speak your name clearly, and if you'd like to state your address, do so and make your comments brief. You have five minutes, so there's any other public comments. 36:53
36 minutes, 53 seconds
So quiet.
Item 2B96
36:56
36 minutes, 56 seconds
Tom's getting his steps in today. I love it.
37:06
37 minutes, 6 seconds
Tom Parnham Tom Parnum again. Always a pleasure to address the council. Um, and don't worry, I'm not going to mention anything
37:14
37 minutes, 14 seconds
about the tree or the hotel.
37:20
37 minutes, 20 seconds
Uh, I do want to bring up the um possibility raising a stipends for city council members. I know it's not a very popular
37:29
37 minutes, 29 seconds
um item. I be very uncomfortable for you guys to do that, but I think it's necessary and you need to work on that.
37:38
37 minutes, 38 seconds
Uh that would be a good way to bring other people, younger people into the council. Like I said before, um none of
37:45
37 minutes, 45 seconds
you are doing this for the money, but it shouldn't cost you money to be on the council. 37:51
37 minutes, 51 seconds
Uh let's see. Haven't heard anything about Fourth of July yet, but I imagine I will before this meeting's out. And on
38:01
38 minutes, 1 second
a personal note, um 1980 my sister moved here and I came out to visit her. She moved to Weimar and I came out from uh
38:09
38 minutes, 9 seconds
Texas and I'm still here. um she was uh uh vice president of the chamber and she 38:16
38 minutes, 16 seconds
put on the 4th of July uh a couple of years in the '9s and she passed away last week and I just wanted to uh say
38:25
38 minutes, 25 seconds
this at this forum because I know it's going out to um people in the in the community watching it online. So my
38:32
38 minutes, 32 seconds
sister Nancy Gar passed away last a week ago today on the 17th of June. 38:40
38 minutes, 40 seconds
And what else? That's all I got. Thank you.
Item 2B97
38:50
38 minutes, 50 seconds
Mayor McCully We have any other public comment. Okay. All right. 39:02
39 minutes, 2 seconds
Council Member Lomen I've been on vacation. It was great. No excuse. Nothing to report. Had a good vacation.
39:12
39 minutes, 12 seconds
Awesome, Kim.
39:15
39 minutes, 15 seconds
Council Member Douglass Okay. On the 11th, I attended the uh town hall meeting here 39:23
39 minutes, 23 seconds
and nothing noteworthy to comment on there. Al
39:31
39 minutes, 31 seconds
although we would like to get more attendance. we had a low turnout and 39:37
39 minutes, 37 seconds
um maybe we can reduce people's sewer bill or something to get them to attend these town meetings. [laughter] I don't know.
39:46
39 minutes, 46 seconds
Mayor McCully We'll do a raffle.
39:48
39 minutes, 48 seconds
Council Member Douglass Anyhow, please attend the next town meeting because it is your town people watching. Okay. Then on the
39:55
39 minutes, 55 seconds
[clears throat]
39:56
39 minutes, 56 seconds
Oh, and that same day I drove to um Auburn and attended the air pollution control board meeting. Uh their revenues
40:05
40 minutes, 5 seconds
are down 42% but their expenses are down 42%. So their balance budget, which is 40:13
40 minutes, 13 seconds
good. We spent about 40 minutes talking about if a data center is created in our general area, what would be the mix of
40:22
40 minutes, 22 seconds
Item 2B98
tier 1, tier 2, and tier three auxiliary input sources? And after 40 minutes of 40:29
40 minutes, 29 seconds
discussing that, we decided to postpone that until we actually get a data center. So, uh [clears throat] that's a
40:36
40 minutes, 36 seconds
nice way of saying uh much to do about nothing. Okay. Then on the 40:47
40 minutes, 47 seconds
18th I attended the uh Placer economic development um board 40:56
40 minutes, 56 seconds
and that's um also in Auburn and there's some good news that came out of that. Um and if anybody wants I
41:05
41 minutes, 5 seconds
brought extras down here if anybody wants a lot of lead shirts. California Lee 41:12
41 minutes, 12 seconds
Um, our area leads California in employment growth by a nice percentage. 41:20
41 minutes, 20 seconds
Also, our area leads California in population
41:26
41 minutes, 26 seconds
growth. California lost 0.7% but uh we gained 2.7%.
41:35
41 minutes, 35 seconds
So there was a lot of uh good news coming out of the economic development report. 41:41
41 minutes, 41 seconds
Um well there was a lot of discussion about the sales tax. A lot of the cities are increasing their sales tax and that
41:49
41 minutes, 49 seconds
just by coincidence happens to be on our budget tonight or on our agenda. Small world and they're all voting in favor of
41:57
41 minutes, 57 seconds
increasing the uh sales tax. The uh the main speaker was uh Anna Campbell of GCE 42:07
42 minutes, 7 seconds
and GSEC is a Greater Sacramento economic uh committee. It's the the uh the big 42:16
42 minutes, 16 seconds
brother or big sister of the economic development board. And they gave a lot of very interesting statistics about all
42:24
42 minutes, 24 seconds
Item 2B99
the big companies are coming here like Bosch and all the money they're bringing into the area and this general area from
42:32
42 minutes, 32 seconds
Roseville up to here, you know, looks very healthy and promising. 42:38
42 minutes, 38 seconds
And then Saturday I went to the uh street fair music and that was one of the the better 42:47
42 minutes, 47 seconds
ones that I've seen in decades and we got a lot of new people. Uh in fact 90% of the people I I didn't even know. So
42:55
42 minutes, 55 seconds
that's good. It means we're bringing outside people here. And I think that's it. Thank you. 43:04
43 minutes, 4 seconds
Mayor McCully Larry and are you guys okay if we hold on so Matt because Matt Matt can join us and we'll go back to the forklift. I know we're being very choppy today. Mayor Pro Tem Hillberg That's fine with me.
43:11
43 minutes, 11 seconds
Mayor McCully Okay. All right. Matt, it's all about you. Let's hear about the forklift. Hi guys. Can you hear me? Okay.
43:20
43 minutes, 20 seconds
Can you hear me? Gabrielle Christakes Are you there, Matt? Matt Anderson Yeah. Can you hear me?
43:28
43 minutes, 28 seconds
Hold on. All right. Can you hear me?
43:38
43 minutes, 38 seconds
Gabrielle Christakes No, he's he's unmuted.
43:40
43 minutes, 40 seconds
Are you there, Matt? Go ahead and address the council.
43:44
43 minutes, 44 seconds
Um, hold on. Hold on.
43:56
43 minutes, 56 seconds
Council Member Lomen We still can't hear you, Matt.
44:04
44 minutes, 4 seconds
Gabrielle Christakes talking. He says I'm talking. He doesn't know what's going on.
Item 2B100
44:30
44 minutes, 30 seconds
Gabrielle Christakes If it will abide the council, he can text fast. [laughter] 44:52
44 minutes, 52 seconds
Yeah, he's showing up there. He's not muted.
45:18
45 minutes, 18 seconds
Council Member Burruss Can you do us a favor and just talk? I can hear what you talk about. Just talk so
45:25
45 minutes, 25 seconds
you can tell.
45:32
45 minutes, 32 seconds
Um, Gabrielle Christakes either that or I can text I can tell you what he's texting. 45:46
45 minutes, 46 seconds
Mayor Pro Tem Hillberg I just heard that others listening online can hear him. If that's a that's a hint.
45:54
45 minutes, 54 seconds
Matt Anderson So, you may have me muted on your side.
45:59
45 minutes, 59 seconds
Conor Harkins I was just trying to see how this one speakers are set up. 46:06
46 minutes, 6 seconds
I'll try unmuting now, but I think we usually leave it muted. 46:13
46 minutes, 13 seconds
Matt Anderson Hello. Hello. Hello.
46:20
46 minutes, 20 seconds
Matt Anderson If anybody outside of the room can hear me, will you raise your hand and let them know that you can hear me?
46:32
46 minutes, 32 seconds
Anderson, no video. Matt Anderson Can you hear me?
47:06
47 minutes, 6 seconds
Good morning.
Item 2B101
47:39
47 minutes, 39 seconds
our legs at the They might
47:58
47 minutes, 58 seconds
see. Matt Anderson You guys hear me?
48:10
48 minutes, 10 seconds
Matt Anderson You can turn yours on. Mayor McCully Yeah, we can hear you, Matt. 48:15
48 minutes, 15 seconds
Matt Anderson Okay. Um, so a couple things. The main reason um for our forklift at the plan 48:21
48 minutes, 21 seconds
is currently we have no ability to load any polymer into the new FAS system. So 48:29
48 minutes, 29 seconds
we have we can't even use the new process that we have because we have no ability to get the polymer into the system. The polymer comes in 55 g gallon 48:38
48 minutes, 38 seconds
barrels that weigh over 500 lb.
48:43
48 minutes, 43 seconds
So with the use of a forklift, we would have the ability if if and when we need to use the system.
Number two is we have
48:50
48 minutes, 50 seconds
no ability to lift or move anything over 150 lbs at the plant. Currently we have 48:58
48 minutes, 58 seconds
four wet wells at the system. If we have to pull any of those pumps, we have to contract outside of the city with
49:06
49 minutes, 6 seconds
currently I'm using two different companies to come [clears throat] out with a crane and pull the pump. We've already done that several times this
49:14
49 minutes, 14 seconds
year and last year, which costs the district about $1,500 every time we do it. And currently, we're about $4,500
49:22
49 minutes, 22 seconds
every time we've done that. And we've had them done probably five or six times in the last probably year. So, with the
49:30
49 minutes, 30 seconds
Item 2B102
use of a forklift, we would actually be able to hook up a crane system and pull the pump out because we have no way of pulling the pump.
49:40
49 minutes, 40 seconds
Council Member Burruss So, Matt, that all makes sense to me. 49:43
49 minutes, 43 seconds
Um, I think the main question that was remaining in the room was regarding our um sourcing and I know that you did get
49:51
49 minutes, 51 seconds
some bids um and ultimately recommended Source-Well, could you speak a little bit to um the range of prices that you
50:00
50 minutes
came across in your research and what your research was? 50:05
50 minutes, 5 seconds
Matt Anderson Oh, Ron, can you translate that because it was like in a fishbowl? 50:10
50 minutes, 10 seconds
Ron Walker, City Manager So, how did you land on a unit you picked? What other places did you pick?
50:14
50 minutes, 14 seconds
And why did you use source? Well, that close enough.
50:18
50 minutes, 18 seconds
Matt Anderson Work well. We get the best deal. Um there's no negotiating. That's the lowest price that they will go. Bobcat is one of the number one brands 50:26
50 minutes, 26 seconds
um that we need. And as for weight, currently um if we were to get a toe to polymer, which is 250 gallons, it's about 4,500 to 5,000 lb.
50:38
50 minutes, 38 seconds
The other forklifts that I've looked at, Huscoarna, like um high like there's there's probably six 50:44
50 minutes, 44 seconds
out there. Bobcat out maneuvered and outdid every single one of those companies. They're a wellknown company. 50:51
50 minutes, 51 seconds
their their equipment lasts for decades.
50:54
50 minutes, 54 seconds
Item 2B103
Um, they have a service plan. They have warranties. So, I wanted to go with a trusted company that would work and that would last the city for at least 20 plus years. 51:06
51 minutes, 6 seconds
Council Member Burruss Okay, great. I mean, the math is all math thing for me. Um, can you just give a range on what the bids were coming in at?
51:15
51 minutes, 15 seconds
Ron Walker, City Manager Can you give a range on what other prices you found? 51:22
51 minutes, 22 seconds
Matt Anderson over $70,000 um for the seven 7,000 lbs loading rate that I needed with the off-road 51:30
51 minutes, 30 seconds
capability because we do have to go down to pond three which is down a road in gravel up hills everything and the Bobcat outmaneuvered
51:39
51 minutes, 39 seconds
them up and down hills with a 7,000lb rating. Council Member Burruss Awesome. Thanks Matt. 51:48
51 minutes, 48 seconds
Mayor McCully Okay. Does [clears throat] anybody on the council have any other questions for Matt?
51:54
51 minutes, 54 seconds
No. Mayor McCully Okay. Are we ready to bring it back for a motion then? 51:58
51 minutes, 58 seconds
Council Member Burruss Yeah, I'm ready. Um I would just say that I mean the price is well covered within the depreciation window. Um makes
52:07
52 minutes, 7 seconds
sense regarding the use case as well as the you know alleviation of alternately spent cost. Um, overall the math says
52:16
52 minutes, 16 seconds
net gain for us, especially if we make the investment now so that we're not continuing to see cost escalation. And to his point, it is a well-established
52:25
52 minutes, 25 seconds
brand that will last decades. So, yeah, I'm all in. Mayor McCully So, that's a motion to approve item two.
Item 2B104
52:34
52 minutes, 34 seconds
What was it? Two. 2C. Thank you.
52:37
52 minutes, 37 seconds
Council Member Burruss Yeah, I'll go ahead and put that forward as a motion. Mayor McCully Okay. Do we have a second? Council Member Lomen Second. Mayor McCully All in favor? 52:44
52 minutes, 44 seconds
I I I I Mayor McCully All right, motion passes. Ron Walker, City Manager Motion pass. Thanks, Matt. Mayor McCully Thank you, Matt.
52:53
52 minutes, 53 seconds
Mayor McCully All right, so we're going to go back to Sorry, sorry, reports. There it is. What have you been up to?
53:02
53 minutes, 2 seconds
Mayor Pro Tem Hillberg Uh, I also went to the downtown concert and watched several hundred people, adults, kids, dogs, all kinds of people
53:12
53 minutes, 12 seconds
enjoying themselves and uh clearly benefited downtown's businesses in in particular. I think the ice cream store
53:20
53 minutes, 20 seconds
and the bistro and I saw people up and down the street spending money locally, which is the goal of that organization.
53:28
53 minutes, 28 seconds
So I it was a success and there are more coming. And secondly, uh I went to the 53:35
53 minutes, 35 seconds
Sierra Vista Center board meeting and a year ago and I won't go into the reasons but 53:44
53 minutes, 44 seconds
uh that organization's board was running into insufficient funds and there was a total changeover in the
53:53
53 minutes, 53 seconds
board of directors and the new board of directors now has uh $46,000. 54:00
54 minutes
So, they've gained $46,000 from that time. I think that's very promising. And they've done a lot of maintenance.
54:08
54 minutes, 8 seconds
Item 2B105
Um, we know about the gym floor, but one at a time, they are fixing windows and painting windows and making really good progress on the building itself. 54:19
54 minutes, 19 seconds
And so, I think they're a viable and successful organization. And they are doing better as time goes on.
54:28
54 minutes, 28 seconds
And that well another thing I could mention is uh they're approaching $500,000 now in the B and Keiny fund and so they're doing well.
54:43
54 minutes, 43 seconds
Council Member Burruss I don't have that much to report out on just because I've been so tied up um with my employment outside of council.
54:52
54 minutes, 52 seconds
But on that note, I did want to acknowledge the fact that I am not planning to run for reelection this year
55:00
55 minutes
because the demands have become so excessive. Um, wanted to make sure that folks are aware of that as we're coming
55:08
55 minutes, 8 seconds
into that period of time where they need to submit their nomination paperwork and get ready if people plan to run for
55:16
55 minutes, 16 seconds
office. And I want to encourage people to do so. And with that in mind, you know, I'm going to back up what Tom said. I mean, I think people know I've
55:24
55 minutes, 24 seconds
been very resistant over the years to the idea of increasing the council stipend, but I think the last few elections um have
55:33
55 minutes, 33 seconds
really shown how shallow the candidate pool is right now. and a lot of people who I have spoken to that I've tried to
55:41
55 minutes, 41 seconds
encourage to consider running because you know they have great potential to really help the city and they have the
55:49
55 minutes, 49 seconds
skills. The problem generally comes down to balancing that demand and time commitment and everything that goes with
55:57
55 minutes, 57 seconds
it. So, um I would just say I think the council really needs to consider it and consider it swiftly because it is something that would have to go on the
Item 2B106
56:05
56 minutes, 5 seconds
ballot before it could happen. It does have to be approved by the voters. So, I I just hope that that's something we
56:14
56 minutes, 14 seconds
can bring up here in a timely fashion to make sure that we're not leaving potentially amazing candidates that
56:21
56 minutes, 21 seconds
could really serve this city and all of us as constituents as much as we are council members going forward because none of us are going to be on council forever. 56:30
56 minutes, 30 seconds
And we really do need to get more people to step up and be part of this because 56:38
56 minutes, 38 seconds
the city is just a representation of all of us. That's all I got. 56:48
56 minutes, 48 seconds
Mayor McCully If it has to go on the ballot, I'm assuming is it too late to put it on to November's because they needed it?
56:53
56 minutes, 53 seconds
Ron Walker, City Manager We'll check it on that. We'll bring back. 56:55
56 minutes, 55 seconds
Mayor McCully Okay. I just know you were talking about a July 1 deadline for that. So, I didn't know if it was the same deadline to add something else to it. So, Conor Harkins I'll I'll follow up on that. 57:03
57 minutes, 3 seconds
Mayor McCully Okay. Noted. I'll follow up on it.
57:06
57 minutes, 6 seconds
Thank you. Uh, last couple weeks, uh, I got to go to PCWA's Hellhole event that they do. It's a gorgeous reservoir. I'd
57:15
57 minutes, 15 seconds
never been out there. And it was interesting to put a bunch of people in the room. The whole conversation was 75 years ago some people sat around and made the decision to build this 57:23
57 minutes, 23 seconds
reservoir that has made Placer County the top county in the state when it comes to our preparedness, our water, how beautiful it is, how much people 57:30
57 minutes, 30 seconds
Item 2B107
come and recreate. So, what decisions are we going to make now that's going to make a huge difference 75 years down the line? So, it's an interesting 57:37
57 minutes, 37 seconds
conversation. Um, we had a meeting for Moving the Caboose, uh, which is getting closer and closer. I know that some of
57:44
57 minutes, 44 seconds
that team met with Carl and Joe to get the final list of what reports they need to make that move happen. So hopefully that will be moving very quickly and SACOG went to Placerville this week. 57:53
57 minutes, 53 seconds
So we hung out in Plasterville and checked out some of the growth they've had around there and that was about it. So all right, city manager. Ron Walker, City ManagerAll right. 58:04
58 minutes, 4 seconds
Ron Walker, City Manager Uh continuing to work with the maintenance department in preparation for the Fourth of July event. If you look in the depot area, there's freshly painted benches, walkways, and they're
58:12
58 minutes, 12 seconds
currently putting fresh bark around the grass area. So, uh, they'll be painting the curves and the crosswalks over there as well. Um, recent landfill testing 58:22
58 minutes, 22 seconds
shows that we're in compliance with our methane. Um, I attended a Shady Glenn sewer project kickoff meeting, so that's starting up.
58:31
58 minutes, 31 seconds
I attended the community development block grad funded pavement project job walk this morning to walk around with Steve Simpson and look at all the different roads we're going to pave. 58:40
58 minutes, 40 seconds
He's planning on starting after the 4th July weekend. He's estimating about three weeks for completion.
58:46
58 minutes, 46 seconds
Um other exciting news, I got a email from the prop Prop 64 grant staff saying that they've requested that their board
58:54
58 minutes, 54 seconds
uh approves our grant. So that'll go out for approval to the board of state and community corrections tomorrow at their
59:02
59 minutes, 2 seconds
um monthly meeting. So we should find out um Thursday or Friday whether we get that grant, but it has been recommended that the city gets the grant. So that's 59:11
Item 2B108
59 minutes, 11 seconds
exciting news. Um [clears throat] and that's about all I have. Thanks. 59:19
59 minutes, 19 seconds
Mayor McCully Awesome. Thank you very much. All right.
59:22
59 minutes, 22 seconds
Mayor McCully Right. So, the first item on council business this evening is our agreement with Plaster County Sheriff's Office renewal agreement. Lieutenant Stacy Renegar from the Plaster County
59:29
59 minutes, 29 seconds
Sheriff's Office is here to present this item and answer all of our questions. 59:49
59 minutes, 49 seconds
All right.
59:51
59 minutes, 51 seconds
Mayor McCully Yeah, as long as you got bright green, we're good to go. 59:54
59 minutes, 54 seconds
Lieutenant Renegar All right, so in case everyone didn't hear me online, Stacy Rener, I'm a lieutenant here with the sheriff's office. Um, so city manager asked me to 1:00:02
1 hour, 2 seconds
come to answer any questions in regards to the upcoming contract with the sheriff's office for law enforcement services. This will be another
1:00:10
1 hour, 10 seconds
three-year renewal to allow you to predict future costs. So, um, he didn't ask me to present the contract. So, that
1:00:18
1 hour, 18 seconds
was kind of, um, a change in what it was had been asked. So, so if there's specific questions, I definitely happy to get into what the costs are based on. 1:00:27
1 hour, 27 seconds
Um, the contract is an increase of 5.5 year over-year, which is similar to the last contract that we had, which is also
1:00:35
1 hour, 35 seconds
a three-year contract. The contract language also very similar to the previous contract. Um, so if there are
1:00:43
1 hour, 43 seconds
some specific questions, I'm definitely happy to answer those tonight. 1:00:46
Item 2B109
1 hour, 46 seconds
Ron Walker, City Manager Can you touch on the main uh parts why that the contract you're asking for more than the CPI? You had you had a list in there. 1:00:54
1 hour, 54 seconds
Lieutenant Renegar Yeah, absolutely. Thank you.
1:00:55
1 hour, 55 seconds
So, the cost is based on a variety of factors. Um, one factor is our personnel cost increases. So the deputy sheriff's
1:01:05
1 hour, 1 minute, 5 seconds
general wage increase from the past 3 years was 4% 4% and 3% consecutively. 1:01:12
1 hour, 1 minute, 12 seconds
Our communication costs have increased um pretty dramatically due to the county IT charges. Uh mobile phones have been
1:01:20
1 hour, 1 minute, 20 seconds
issued to all the deputies which allow them to have follow-up with constituents when they're working on calls that were that necessitate those follow-ups. And 1:01:28
1 hour, 1 minute, 28 seconds
then our in car radio expenses which have continued to increase as well. um communication costs.
Each one has an
1:01:36
1 hour, 1 minute, 36 seconds
associated monthly cost. Um just as as you guys are familiar with your cell phones and things of that nature, our radios um each individual radio has a
1:01:44
1 hour, 1 minute, 44 seconds
monthly cost. Each individual phone has a monthly cost and all of those continue to compound.
However, they are um improving our ability to communicate. 1:01:53
1 hour, 1 minute, 53 seconds
So, our new radios have not only our prior communication options, but they can switch over on their own to get a
1:02:01
1 hour, 2 minutes, 1 second
Wi-Fi signal, which is definitely increased our officer safety and ability to communicate in challenging locations.
1:02:09
1 hour, 2 minutes, 9 seconds
Uh, another cost factor is just the general cost related to dispatch, evidence, records, our sheriff's, IT, 1:02:17
1 hour, 2 minutes, 17 seconds
fiscal, HR, all of those costs are continuing to increase as everyone's wages increase. 1:02:24
1 hour, 2 minutes, 24 seconds
Item 2B110
um training costs for our deputies. So, we pride ourselves in our training our deputies beyond the minimum standards of
1:02:31
1 hour, 2 minutes, 31 seconds
the state. And to do that, we need to bring in professionals to provide that training. And those training costs continue to increase as well. And
1:02:39
1 hour, 2 minutes, 39 seconds
vehicle expenses, as all of you are probably aware, unless you're able to do your maintenance on your own vehicles,
1:02:46
1 hour, 2 minutes, 46 seconds
uh costs for parts and maintenance have increased dramatically over the past couple of years. And then fuel costs
1:02:53
1 hour, 2 minutes, 53 seconds
continue to be an increase as well. So those are kind of this the summary of what compounds that
5.5%.
1:03:03
1 hour, 3 minutes, 3 seconds
Mayor McCully Okay. Thank you. Um we'll go to the public first if they have any questions or comments in regards to this item.
1:03:11
1 hour, 3 minutes, 11 seconds
Go ahead Harry. Harry Anderson Hi. How many know?
1:03:19
1 hour, 3 minutes, 19 seconds
Lieutenant Renegar So the um contract provides a half of so what we call an FTE a full-time 1:03:26
1 hour, 3 minutes, 26 seconds
equivalent. Um so the sergeant is a half uh deputy sheriff is 2.25 25 and the 1:03:33
1 hour, 3 minutes, 33 seconds
detectives are 0.1 there a charge on the personal full time 1:03:42
1 hour, 3 minutes, 42 seconds
detective 0.1% of a detective is what the what the contract covers but I'm actually glad you brought up the the topic of
1:03:50
1 hour, 3 minutes, 50 seconds
personnel. So when you contract with the sheriff's office you get the entire sheriff's office. So if there's a call
1:03:57
1 hour, 3 minutes, 57 seconds
that necessitates a hostage negotiator, we bring on our hostage negotiation team. If it requires a SWAT type call out, we bring on our entire special
1:04:06
1 hour, 4 minutes, 6 seconds
Item 2B111
enforcement team. If there's happens to be a crime that necess like let's say a homicide, that brings our whole homicide team. So we're not charging
1:04:14
1 hour, 4 minutes, 14 seconds
for each individual who comes out to handle the call for service. That's just what the contract is based on that percentage of that personnel. So when
1:04:23
1 hour, 4 minutes, 23 seconds
when you contract with the sheriff's office, you know, our entire organization is over 600 employees.
So depending on what is needed, then we are
1:04:32
1 hour, 4 minutes, 32 seconds
able to bring that entire complement that the sheriff's office has to offer you. If versus if you are a small agency
1:04:39
1 hour, 4 minutes, 39 seconds
that only has certain number of personnel, that's the maximum number of personnel that you can bring to a critical incident. So
1:04:48
1 hour, 4 minutes, 48 seconds
So for example, our third of July event, right? We bring out our mobile command vehicle. We bring out our um complement of probation officers. We bring out bike 1:04:57
1 hour, 4 minutes, 57 seconds
teams when we've used them. We bring out a whole complement. And that's not something that we charge for each person who comes out to those special events. So there is a much bigger picture to it.
1:05:05
1 hour, 5 minutes, 5 seconds
So I'm glad you brought that out. Our missing person um our search and rescue team, detectives, additional patrol
1:05:12
1 hour, 5 minutes, 12 seconds
deputies all worked um tirelessly to try to find that individual. Harry Anderson That’s how much 1:05:19
1 hour, 5 minutes, 19 seconds
years to have a specific charge for detective charge for that. It seems kind of outrageous, but the way you expl the
1:05:28
1 hour, 5 minutes, 28 seconds
way they've now put it as a complete program that makes much more sense. Yeah. Mayor McCully Any other questions?
1:05:35
1 hour, 5 minutes, 35 seconds
Any other questions from the public? All right. Uh questions, comments from the council. 1:05:41
1 hour, 5 minutes, 41 seconds
So, I we got to meet um with Lieutenant Renegar the beginning of this month and we kind of went through all of it and all the extra services that we are able Item 2B112
1:05:48
1 hour, 5 minutes, 48 seconds
to get using with them and I'm quite pleased and comfortable. They've been very responsive anytime we've had any concerns lately. They've come up quite a bit in the last couple months and 1:05:57
1 hour, 5 minutes, 57 seconds
addressed issues we were having. So, their service is far above what we're paying for. Great. 1:06:05
1 hour, 6 minutes, 5 seconds
Larry, did you have a question? Mayor Pro Tem Hillberg I do. Oops. Let me get my mic on. 1:06:10
1 hour, 6 minutes, 10 seconds
Is there anything in particular that's new this time that we weren't paying for before? And I realized it probably has
1:06:18
1 hour, 6 minutes, 18 seconds
to that what I would call a I I know inside the corporation I work for it was called a burden rate and that burden
1:06:27
1 hour, 6 minutes, 27 seconds
rate included everything. So, I'm assuming that uh part of that covers for probation officers and prison and
1:06:34
1 hour, 6 minutes, 34 seconds
prisons actually and uh search and rescue is is does that rate include all those things? 1:06:44
1 hour, 6 minutes, 44 seconds
Lieutenant Renegar Well, it it always did. So, I wouldn't want to say that that's a new service that we're that we offer as Okay, Mayor Pro Tem Hillberg now this was a second question 1:06:51
1 hour, 6 minutes, 51 seconds
that was okay. I get that. And then I've always had another question. 1:06:57
1 hour, 6 minutes, 57 seconds
Um, how would you characterize the policing I would get if I lived across the street from the city limits and
1:07:04
1 hour, 7 minutes, 4 seconds
didn't live in the city? How would how would my policing compare to those that live inside the city? 1:07:10
1 hour, 7 minutes, 10 seconds
Lieutenant Renegar It depends on if you're in incorporated plaster county or Mayor Pro Tem Hillberg incorporated plaster county.
1:07:15
1 hour, 7 minutes, 15 seconds
Item 2B113
Lieutenant Renegar So if you're in incorporated plaster county, meaning you live in a city like Rockland or Roseville or Lincoln, then they have their police departments that handle their calls for service. Mayor Pro Tem Hillberg Mhm.
1:07:24
1 hour, 7 minutes, 24 seconds
[clears throat]
1:07:24
1 hour, 7 minutes, 24 seconds
Lieutenant Renegar If you live in unincorporated Plaster County or one of our contract cities, then the sheriff's office is your service provider.
1:07:33
1 hour, 7 minutes, 33 seconds
Mayor Pro Tem Hillberg So, do they get the same policing then that we do by living in the city or do we get something extra? Cuz I've always been
1:07:41
1 hour, 7 minutes, 41 seconds
curious about that. Um, if they live across the street from the city limits, they're not paying any 1:07:49
1 hour, 7 minutes, 49 seconds
paying any part of that million plus dollars that we're paying here. 1:07:55
1 hour, 7 minutes, 55 seconds
And I'm wondering how do they pay? How do they pay for policing? And then that 1:08:03
1 hour, 8 minutes, 3 seconds
would lead to another question which would be are we that live in the city paying for policing twice? And I realize
1:08:12
1 hour, 8 minutes, 12 seconds
these are hard high level uh budgetary type questions, but how do we know we're not paying twice? Am I paying it for
1:08:21
1 hour, 8 minutes, 21 seconds
example in my property tax or and also just by living here? 1:08:28
1 hour, 8 minutes, 28 seconds
Lieutenant Renegar So I can tell you if you wanted to stand up your own police department, which is what the cities, the larger cities in our county do, you would have to have 1:08:36
1 hour, 8 minutes, 36 seconds
your own dispatchers. You'd have to have a full complement of employees. You'd have to have all of your supervisors, your entire chain of command. So you
1:08:44
1 hour, 8 minutes, 44 seconds
wouldn't be able to operate with less than three personnel. you would need to have small cities uh operate with no
1:08:52
Item 2B114
1 hour, 8 minutes, 52 seconds
less than 25 personnel. So you can only imagine if you multiplied these three by at least six or more that would only be
1:09:00
1 hour, 9 minutes
for your personnel. That would not include any special enforcement, any specialized units, any dispatchers or
1:09:07
1 hour, 9 minutes, 7 seconds
the records, all the civilian staff, which we refer to in here as support staff, your records management, your evidence team, your IT department. None 1:09:14
1 hour, 9 minutes, 14 seconds
of those would be included. So, you can only imagine how much you'd have to compound this cost to reach what you're requesting.
1:09:21
1 hour, 9 minutes, 21 seconds
Mayor Pro Tem Hillberg Not don't think you really answered my question. 1:09:24
1 hour, 9 minutes, 24 seconds
Council Member Lomen Got um so your your property taxes go to pay the county. County pays for a large portion
1:09:32
1 hour, 9 minutes, 32 seconds
of the placer county sheriff's. We are paying in the city for what was listed on there. We also get all the additional services. So, everything the plaster
1:09:40
1 hour, 9 minutes, 40 seconds
county sheriff's offers, we get and part of your property taxes go to support that. the c the county portion of your property tax as part of that goes to
1:09:48
1 hour, 9 minutes, 48 seconds
support that. But we pay for specific coverage for the city and we also get the benefit of everything else
1:09:55
1 hour, 9 minutes, 55 seconds
that's not included in that list that's specifically itemized. 1:09:58
1 hour, 9 minutes, 58 seconds
Mayor Pro Tem Hillberg I didn't ask my question very well then cuz I do understand that. Council Member Lomen Okay.
1:10:02
1 hour, 10 minutes, 2 seconds
Mayor Pro Tem Hillberg What I'm wondering if I have a neighbor across the street from me uh is the same portion of their property tax that goes to sheriff the same as mine? 1:10:16
Item 2B115
1 hour, 10 minutes, 16 seconds
Lieutenant Renegar I don't have the expertise to answer how property taxes are distributed at the county level. That's not something that I have specifically. 1:10:22
1 hour, 10 minutes, 22 seconds
Mayor Pro Tem Hillberg I just have always been curious if if we that live in the city are paying twice for something that people that live
1:10:30
1 hour, 10 minutes, 30 seconds
outside the city only pay for once. I I don't know. I I don't expect you to be able to answer that question. Actually,
1:10:37
1 hour, 10 minutes, 37 seconds
you've got a a whole department to run, but there must be somebody at Placer County that does.
And I would like to
1:10:45
1 hour, 10 minutes, 45 seconds
know the answer to that question cuz we're paying a lot of money for sheriff. 1:10:50
1 hour, 10 minutes, 50 seconds
And I can only assume we're getting reasonable value, but I want to know, are we paying twice? 1:10:59
1 hour, 10 minutes, 59 seconds
Mayor McCully Well, if I can comment, what we pay comes out of the sales tax revenue that the city generates. So then anybody
1:11:07
1 hour, 11 minutes, 7 seconds
who's in the city would be paying anything they purchase whether they live here or not. They're helping pay the sales tax revenue which comes back to us 1:11:14
1 hour, 11 minutes, 14 seconds
and the general fund which will help pay for this here which would mean anybody in the community that's spending any money whether they live here or not is going to be helping to pay for it. Council Member Burruss So I
1:11:23
1 hour, 11 minutes, 23 seconds
was trying to pull it up real quick but I'm apparently not very good at Googling. Um I know that post proposition 13 the actual calculation
1:11:32
1 hour, 11 minutes, 32 seconds
for how much of the property tax goes to the actual general law cities. It did change a little bit. Um but
1:11:38
1 hour, 11 minutes, 38 seconds
[clears throat]
1:11:39
Item 2B116
1 hour, 11 minutes, 39 seconds
it has not changed in a way that decreased the minimum threshold requirement that was set in 1988. And
1:11:47
1 hour, 11 minutes, 47 seconds
the minimum threshold requirement is at least 7% of collected property tax does go to the city to provide public
1:11:52
1 hour, 11 minutes, 52 seconds
services. So, with that being said, um, how much actually gets distributed 1:12:00
1 hour, 12 minutes
from the county's allotment that they receive to the sheriff's department versus our allotment goes to the sheriff's department, I can't tell you for sure. 1:12:09
1 hour, 12 minutes, 9 seconds
Um, but I will say we do receive a chunk of those property taxes um, that is ours to do what we need to
1:12:18
1 hour, 12 minutes, 18 seconds
do with. And what comes with that is the requirement that within our jurisdiction we are responsible for providing minimum
1:12:26
1 hour, 12 minutes, 26 seconds
public services. And Sean can talk more to this you know because it falls into the LAFCO discussion and as a municipal
1:12:35
1 hour, 12 minutes, 35 seconds
jurisdiction we have minimum requirements for what we're we're expected to provide for services. So if
1:12:43
1 hour, 12 minutes, 43 seconds
we fail to provide those services and we do very poorly on a municipal service review um then we can lose I mean this
1:12:51
1 hour, 12 minutes, 51 seconds
is an extreme scenario but you can lose your uh incorporated status because you're failing to provide those services. So, we have the financial
1:12:59
1 hour, 12 minutes, 59 seconds
responsibility to make the most economical decision to make sure we are providing um the same 1:13:05
1 hour, 13 minutes, 5 seconds
level of service as the county. And in our situation, the only way to do that is through Foster Sheriff.
Um I will say
1:13:13
1 hour, 13 minutes, 13 seconds
with the compounded wage increases that have come up over the last few years and what we're still expecting, the total
1:13:21
1 hour, 13 minutes, 21 seconds
Item 2B117
17% um actually is a pretty conservative number. And I think that the sheriff's 1:13:28
1 hour, 13 minutes, 28 seconds
office is honestly being very fair with us in this contract. 1:13:33
1 hour, 13 minutes, 33 seconds
Mayor Pro Tem Hillberg Yeah, I I believe that too. But at the same time, I don't think anybody in this room can answer the question I just asked. And that is, are we paying twice? 1:13:44
1 hour, 13 minutes, 44 seconds
Council Member Burruss No, we are not paying twice. I can confirm we are not paying twice. 1:13:48
1 hour, 13 minutes, 48 seconds
Mayor Pro Tem Hillberg I want I want I want the sheriff's department, Placer County to assure me of that, not somebody else that's behind
1:13:55
1 hour, 13 minutes, 55 seconds
the deis. Council Member Burruss And then when I started, one of the things that I did um was I went in and they actually sat me down with the finance team at the 1:14:04
1 hour, 14 minutes, 4 seconds
sheriff's office. Do you think maybe we could arrange that for Larry? I don't think he's had that same opportunity cuz they did a great explanation for me,
1:14:11
1 hour, 14 minutes, 11 seconds
walked me through like the line item by line item of how our contract worked. 1:14:15
1 hour, 14 minutes, 15 seconds
Lieutenant Renegar Yeah, we did that um just earlier this month with um the mayor and the city manager. So, they definitely have the
1:14:22
1 hour, 14 minutes, 22 seconds
information to share out if if that's needed. Council Member Burruss Um, yeah, they used to do it. 1:14:27
1 hour, 14 minutes, 27 seconds
Every time we had a new council member elected or appointed, they would have that new person come in and do it. And so, if Larry could have an opportunity to do that, I think it would really help. 1:14:35
1 hour, 14 minutes, 35 seconds
Lieutenant Renegar I'm sure they would be happy to do that. 1:14:38
1 hour, 14 minutes, 38 seconds
Item 2B118
Mayor Pro Tem Hillberg I would welcome it. I would I would like that explanation because we're paying a million dollars for this
1:14:46
1 hour, 14 minutes, 46 seconds
service and it's the largest item on our budget and we're getting one and a half people for that. 1:14:53
1 hour, 14 minutes, 53 seconds
Um, that's an awful lot of money, but I'm not questioning that because I know it represents a whole lot of other things.
1:15:00
1 hour, 15 minutes
I just am hoping that those that live in the city aren't paying for it 1:15:07
1 hour, 15 minutes, 7 seconds
within the city budget and also paying for it within their property taxes because I I do know that the county
1:15:15
1 hour, 15 minutes, 15 seconds
budget is over a billion dollars. I think it's I don't know 1.3 $1.4 4 billion, something like that. And 1:15:22
1 hour, 15 minutes, 22 seconds
virtually half of it is for policing also.
1:15:26
1 hour, 15 minutes, 26 seconds
So I'm I'm not saying we're getting a bad deal, but I personally would like to understand it. 1:15:32
1 hour, 15 minutes, 32 seconds
Council Member Burruss And Larry, I think our if you want to also have a meeting with our finance team, they can probably talk to you about the grants we received that offset a good chunk of 1:15:41
1 hour, 15 minutes, 41 seconds
um the cost of this contract and that helps very significantly. 1:15:46
1 hour, 15 minutes, 46 seconds
Mayor Pro Tem Hillberg A different type question that I have. Lieutenant Renegar I would just like to correct that is that this contract does not cover 1.5 personnel. Um, just to make sure that 1:15:54
1 hour, 15 minutes, 54 seconds
we're all hearing the same correct information.
1:15:57
1 hour, 15 minutes, 57 seconds
Council Member Lomen Yes, Mayor McCully Kim, you had something. 1:15:59
1 hour, 15 minutes, 59 seconds
Council Member Douglass Uh, yes. I never got to attend that meeting when I was mayor, but I can wait. My one suggestion is maybe that
Item 2B119
1:16:08
1 hour, 16 minutes, 8 seconds
could be recorded because there's probably a lot of cities with a lot of mayors and you have to say the same thing. I wonder if that could be
1:16:15
1 hour, 16 minutes, 15 seconds
recorded and then only the mayor or mayor prom has access to it. That might save a lot of time. And anyhow, just an
1:16:24
1 hour, 16 minutes, 24 seconds
idea to video record it. And anyhow, that's all I had to say. 1:16:30
1 hour, 16 minutes, 30 seconds
Mayor Pro Tem Hillberg I know one day I was asking myself, and I'm not suggesting this, but if the city unincorporated
1:16:36
1 hour, 16 minutes, 36 seconds
like that, we're done as a city. That means that we know have no agreement with Placer County for policing.
1:16:44
1 hour, 16 minutes, 44 seconds
But we're still part of Placer County.
1:16:47
1 hour, 16 minutes, 47 seconds
So, how would that change how we're paying for uh your services? 1:16:53
1 hour, 16 minutes, 53 seconds
Council Member Burruss It gets a lot more expensive when you unincorporate as a city. You get reassessed as a special district and the uh LAFCO board determines what the 1:17:01
1 hour, 17 minutes, 1 second
special assessment is and you no longer have any independent control over what that looks like. So, everybody's property tax would go up astronomically.
1:17:14
1 hour, 17 minutes, 14 seconds
Mayor Pro Tem Hillberg I would like uh you know somebody from uh your accounting team or somebody that
1:17:21
1 hour, 17 minutes, 21 seconds
can speak to that at a high level cuz I don't want to know the detail. I'd just like to know the difference between living in the city and living outside 1:17:29
1 hour, 17 minutes, 29 seconds
the city and if that affects the level of policing and are the people that live in a city 1:17:36
1 hour, 17 minutes, 36 seconds
paying twice. I assume that the numbers work all that out, but I would like to be assured of that. 1:17:46
Item 2B120
1 hour, 17 minutes, 46 seconds
Mayor McCully Thank you. Anybody else have any comments or do we have a motion to approve or not? Council Member Burruss I will move approval of the contract. 1:17:55
1 hour, 17 minutes, 55 seconds
Mayor McCully Okay. Thank you. Do we have a second? Council Member Lomen Second. Mayor McCully Okay. All in favor?
1:17:59
1 hour, 17 minutes, 59 seconds
I I Mayor Pro Tem Hillberg I vote no because I don't understand the answers to my question. 1:18:05
1 hour, 18 minutes, 5 seconds
Mayor McCully Okay. So, we have four eyes and one no. Okay. All right. Thank you, Lieutenant. 1:18:15
1 hour, 18 minutes, 15 seconds
Mayor McCully The motion passes.
1:18:17
1 hour, 18 minutes, 17 seconds
Council Member Burruss And I misspoke earlier. I had not realized that a new law had passed regarding uh council stipends.
1:18:23
1 hour, 18 minutes, 23 seconds
Apparently, it is now a matter of ordinance.
1:18:36
1 hour, 18 minutes, 36 seconds
I think we'd be crazy to go above that.
1:18:50
1 hour, 18 minutes, 50 seconds
Mayor McCully Just just a hair under page. Just a hair. 1:18:52
1 hour, 18 minutes, 52 seconds
Mayor McCully Just a hair. All right. So, we will go back to normal. All right. We're going to go to good of the order. Um we'll run
1:18:59
1 hour, 18 minutes, 59 seconds
through good of the order and once that's done um we'll have public comment and then we will close this meeting and then we have a special meeting afterwards that we will reopen under 1:19:08
1 hour, 19 minutes, 8 seconds
that one just so people don't get completely confused. So good to the order Sean. 1:19:14
1 hour, 19 minutes, 14 seconds
Item 2B121
Council Member Lomen Uh tomorrow night's plaster share fire safe council meeting 6 o'clock at city hall. That's all I got
1:19:22
1 hour, 19 minutes, 22 seconds
Council Member Douglass for me. the um 3rd of July is coming up and I will be like everybody else celebrated with
1:19:30
1 hour, 19 minutes, 30 seconds
barbecue, beer, and fireworks. And then on the 4th, I'm going to Auburn where they're having a parade. And that's
1:19:37
1 hour, 19 minutes, 37 seconds
where I'll remember the words of one of my favorite presidents, Adams, a couple hundred years ago, where
1:19:44
1 hour, 19 minutes, 44 seconds
he said, "The principles of the Declaration of Independence will be a blessing to all those who follow them." Thank you.
1:19:57
1 hour, 19 minutes, 57 seconds
Mayor Pro Tem Hillberg Yeah, I have several several things that um I would like to see agenized. 1:20:04
1 hour, 20 minutes, 4 seconds
And the first one is that we have people on [clears throat] some um very important assignments that they get stipends for.
1:20:17
1 hour, 20 minutes, 17 seconds
And I would like to see um uh in addition to the representation we're getting from those council people,
1:20:26
1 hour, 20 minutes, 26 seconds
I would like to see uh a report each time in writing, just a brief report that says this is how I represented Colfax
1:20:35
1 hour, 20 minutes, 35 seconds
to that group and this is what I learned from that group. We tend to just kind of skip through it, you know, during a meeting. I went to the SACOG meeting or
1:20:44
1 hour, 20 minutes, 44 seconds
I went to LAFCO and some of those are really important and I would like to know more about what goes on in those
1:20:51
1 hour, 20 minutes, 51 seconds
meetings from our representatives that go and not not just verbally. I would like 1:20:58
1 hour, 20 minutes, 58 seconds
just something brief in writing each time. So I would like to talk about that on the agenda someday. 1:21:07
Item 2B122
1 hour, 21 minutes, 7 seconds
Um, I would also like to uh agendize
1:21:15
1 hour, 21 minutes, 15 seconds
something that I had heard was going to happen about a year ago when I went to Cindy Gustoson's u at that time
1:21:22
1 hour, 21 minutes, 22 seconds
whack Mack meeting and the sheriff's department at that time I wish they were still here uh mentioned that they would
1:21:30
1 hour, 21 minutes, 30 seconds
be installing cameras and I assumed from that that when that happened that that would come come in
1:21:39
1 hour, 21 minutes, 39 seconds
front of council that it was okay to put these cameras up and it did not. 1:21:45
1 hour, 21 minutes, 45 seconds
And I would like to know at what point and how we agreed that we were going to put those cameras up. And I don't know
1:21:53
1 hour, 21 minutes, 53 seconds
how many there are, but I know there are several. And just for those of you that don't know, these cameras are constantly
1:22:00
1 hour, 22 minutes
on and they're recording things like car license plate for every car that goes by and type of car and whatever. And they
1:22:09
1 hour, 22 minutes, 9 seconds
have this really sophisticated software that they can use to look at it. 1:22:16
1 hour, 22 minutes, 16 seconds
And I just happen to think there might be a lot of people in this town aren't really crazy about that. So, I would
1:22:24
1 hour, 22 minutes, 24 seconds
like to see how and and when we made the decision that it was okay for the sheriff to put them up in our city because there are
1:22:32
1 hour, 22 minutes, 32 seconds
cities that have turned them down. They don't want them. So, I think that ought to be a council decision and not made
1:22:40
1 hour, 22 minutes, 40 seconds
however we made it in the last year cuz we have cameras now. So, that's the second thing. 1:22:47
1 hour, 22 minutes, 47 seconds
Um, the third thing is I would like to know and so would a lot 1:22:55
Item 2B123
1 hour, 22 minutes, 55 seconds
of people in this town why we took that tree down.
1:22:59
1 hour, 22 minutes, 59 seconds
And I think the proper way to handle that also is to put it on the agenda. 1:23:04
1 hour, 23 minutes, 4 seconds
I'd like to understand why we did that and what other options were considered and um and get a chance to discuss that
1:23:14
1 hour, 23 minutes, 14 seconds
in front of the public rather than just say, "Well, it's done already." You know, we're going to pave it over. It's over and done with. Put it
1:23:22
1 hour, 23 minutes, 22 seconds
in the past. I I'd like to know why we did that. I'd like to see that on the agenda. And then the last thing is uh
1:23:31
1 hour, 23 minutes, 31 seconds
when we discussed the budget, we removed an item from it, the uh um nonprofit versus events 1:23:41
1 hour, 23 minutes, 41 seconds
discussion that we came to no conclusion for.
1:23:44
1 hour, 23 minutes, 44 seconds
And we made a change in the budget during the last meeting. We discussed it and Sean made a motion and I seconded
1:23:53
1 hour, 23 minutes, 53 seconds
that we would approve the budget without that and would discuss that later. And 1:24:01
1 hour, 24 minutes, 1 second
I'm wondering when is later going to be because I feel strongly about that and it was only really discussed in a in a
1:24:10
1 hour, 24 minutes, 10 seconds
workshop at which no decisions are made and I would like to see that on the agenda. 1:24:20
1 hour, 24 minutes, 20 seconds
And that that's really all I have to say. Um I'm hoping to see them. Um if I don't, then I'm just going to ask the
1:24:28
1 hour, 24 minutes, 28 seconds
same questions again and again. I believe that we owe it to the public to be transparent to about these things and
1:24:37
1 hour, 24 minutes, 37 seconds
not make decisions outside this room. And I would add that I'm not going to list them all now, but 1:24:45
1 hour, 24 minutes, 45 seconds
Item 2B124
over the last year, a year and a half, we've made a number of decisions uh without them coming for before
1:24:54
1 hour, 24 minutes, 54 seconds
council, and I don't really have any intention to dig all of them up, but there are probably a couple of them that I'd like to know the answers for.
1:25:05
1 hour, 25 minutes, 5 seconds
And that's all. Mayor McCully Thank you, Trinity. Council Member Burruss I have nothing for good of the order.
1:25:12
1 hour, 25 minutes, 12 seconds
Mayor McCully Okay. Um Tom, I'm going to answer your question. We uh Caroline did Preston did do a presentation last meeting on the
1:25:20
1 hour, 25 minutes, 20 seconds
3rd of July and everything that was happening, but I can paraphrase it real quick for you. Um other than the fact that everything will be on social media.
1:25:27
1 hour, 25 minutes, 27 seconds
Uh your vendor spaces are completely full all the way up. You're going to have your two parades.
You're going to have two flyovers by different
1:25:35
1 hour, 25 minutes, 35 seconds
organizations. You're going to have active military that is here as well. 1:25:40
1 hour, 25 minutes, 40 seconds
You have mini cows and baby goats that'll be here for the kids zone for entertainment. We have a juggler, a
1:25:47
1 hour, 25 minutes, 47 seconds
magician, a hula hoop artist, and a giant bubble person as well that will be here for the kids to be able to enjoy.
1:25:54
1 hour, 25 minutes, 54 seconds
Uh local band Malarkey will be here as well. Uh Ambitions, our local dance team, is also performing that evening.
1:26:00
1 hour, 26 minutes
And oh yes, we will have a ride-on train available for people as well. We have an awesome train that is coming up and
1:26:08
1 hour, 26 minutes, 8 seconds
whose little depot will be right in front of the hotel as well that they can do that. 1:26:14
1 hour, 26 minutes, 14 seconds
And that's all I can remember off the top of my head at this point. Um, your fireworks are about 920ish. They should be shooting off. Oh, and we have
1:26:22
Item 2B125
1 hour, 26 minutes, 22 seconds
provided uh an agreement with the elementary school and the high school for use of their parking lot. So for all of our out of town visitors, we will do 1:26:30
1 hour, 26 minutes, 30 seconds
everything we can to push the parking traffic that direction. And we have a shuttle bus that will run from 5 to 11:00. They will go through both sets of
1:26:38
1 hour, 26 minutes, 38 seconds
the parking lots and drop everybody right there at the corner at the sheriff's substation. And they will be there afterwards to help pull people out so we don't have quite such a parking 1:26:46
1 hour, 26 minutes, 46 seconds
nightmare in town and it'll make it easier for everybody to leave as well. 1:26:51
1 hour, 26 minutes, 51 seconds
So that's my short synopsis for you on that one. Um, and then the one comment that I'm going 1:26:58
1 hour, 26 minutes, 58 seconds
to make on the things that Larry mentioned, I think some of them are great to bring on, but not every decision in the city comes before the council. This is why we hire a city 1:27:07
1 hour, 27 minutes, 7 seconds
manager so that he can manage some of the smaller things and we put our trust and faith in him to be able to do that.
1:27:13
1 hour, 27 minutes, 13 seconds
Um, if there's questions in regards to that, it can obviously be addressed. 1:27:17
1 hour, 27 minutes, 17 seconds
But, uh, our city manager's job is to address the operating and the running of the city and the things that are going to
1:27:25
1 hour, 27 minutes, 25 seconds
keep it flowing and protect it. And that includes a removal of a tree or a bush or anything that is damaging property.
1:27:33
1 hour, 27 minutes, 33 seconds
Um, and that's why we can't bring every decision that we make to us. If every single decision in regards to running the city came before us, I don't think 1:27:40
1 hour, 27 minutes, 40 seconds
we'd ever get anything done. Um, so I have complete faith in in why that decision was made and if you walk out there, you can see what's happened to
1:27:48
1 hour, 27 minutes, 48 seconds
the bricks alone from in that area. So, um, all right, city manager. Ron Walker, City Manager Nothing more to add.
1:27:56
1 hour, 27 minutes, 56 seconds
Item 2B126
Connor, nothing. Conor Harkins Nothing.
1:27:58
1 hour, 27 minutes, 58 seconds
Mayor McCully All right. Do we have any public comment in regards to good of the order? 1:28:04
1 hour, 28 minutes, 4 seconds
Mayor McCully Yes, the buttons are back and there will be a display of the buttons at the information booth that we have lots of years’ worth of buttons so you will be able to see them as well.
1:28:16
1 hour, 28 minutes, 16 seconds
Mayor McCully Yep. Any other comments in regards to go to the order? Okay. Then we're going to go ahead and uh close our regular
1:28:24
1 hour, 28 minutes, 24 seconds
meeting agenda and we will turn over to our special meeting agenda. 1:28:31
1 hour, 28 minutes, 31 seconds
Mayor McCully Can we just do roll call and skip the pledge of allegiance and all that stuff? Okay. 1:28:36
1 hour, 28 minutes, 36 seconds
All right. Do you guys want a five minute break or do you want to just roll right into that? Okay.
Should only take a minute. Okay.
1:28:43
1 hour, 28 minutes, 43 seconds
So, we're going to call our special meeting agenda to order. June 24, 2026 at what time is it? I can't tell. 7:30.
1:28:51
1 hour, 28 minutes, 51 seconds
Okay. Um, so let's go ahead and do a roll call again or you can say it hasn't changed. Whatever you prefer.
1:29:00
1 hour, 29 minutes
here.
1:29:01
1 hour, 29 minutes, 1 second
Hold on. Council member Lomen here.
1:29:04
1 hour, 29 minutes, 4 seconds
Council member Douglas present.
1:29:06
1 hour, 29 minutes, 6 seconds
Council member Burus here.
1:29:08
1 hour, 29 minutes, 8 seconds
Mayor Prom Hilberg here.
Item 2B127
1:29:12
1 hour, 29 minutes, 12 seconds
And Mayor McCaulay here. All members present.
1:29:14
1 hour, 29 minutes, 14 seconds
Okay. Thank you very much. Can I have an approval of the agenda order? Council Member Lomen Move to approve. Mayor Pro Tem Hillberg I second. Mayor McCully All in favor? 1:29:22
1 hour, 29 minutes, 22 seconds
Mayor McCully I. Fantastic. No changes in our reporting. 1:29:27
1 hour, 29 minutes, 27 seconds
Mayor McCully So, we're going to go straight to council business. So, this is the resolution uh calling election on transactions and use tax for street maintenance to get this onto the ballot. 1:29:36
1 hour, 29 minutes, 36 seconds
And we will turn it over to you, Connor.
1:29:38
1 hour, 29 minutes, 38 seconds
Conor Harkins Thank you, Mayor McColie. Council members, this is before you as a special um as a special meeting item because of
1:29:46
1 hour, 29 minutes, 46 seconds
the timing. We need to ask or the city needs to ask Placer County elections to 1:29:53
1 hour, 29 minutes, 53 seconds
conduct an election on the proposed sales tax by July 1st. So, we need to adopt this resolution calling the
1:30:00
1 hour, 30 minutes
election, approving the ballot label and requesting Placer County Elections 1:30:07
1 hour, 30 minutes, 7 seconds
conduct the election and directing the city clerk to work with them to make that happen. What I need from you
1:30:14
1 hour, 30 minutes, 14 seconds
tonight is to take a look at the ballot label on page two of the draft resolution I provided. Give it a close
1:30:22
1 hour, 30 minutes, 22 seconds
read. I'll go ahead and read it out loud, but give it a close read because this is going to limit the use of the
1:30:29
1 hour, 30 minutes, 29 seconds
proposed sales tax. So, this is the question you're presenting to voters.
Item 2B128
1:30:34
1 hour, 30 minutes, 34 seconds
It's going to be what you ask them to approve and it's going to be reflected in the legislative language of the
1:30:41
1 hour, 30 minutes, 41 seconds
ordinance that the city manager and I are working on. So, we'll bring you an ordinance at a later meeting, but it's going to
1:30:49
1 hour, 30 minutes, 49 seconds
mirror this language and it's going to have the same purpose. So, the the ballot label I've drafted for your consideration is as follows. The city of
1:30:59
1 hour, 30 minutes, 59 seconds
Colfax streets, sidewalks, and roadways maintenance measure. Shall the measure to shall the measure to fund
1:31:06
1 hour, 31 minutes, 6 seconds
construction, improvement, maintenance, repair and replacement of streets, sidewalks, road roadways, and other public infrastructure within the public 1:31:14
1 hour, 31 minutes, 14 seconds
ride of way, including drainage and sewers by adopting a 1% transactions and use parentheses sales and parenthesis
1:31:23
1 hour, 31 minutes, 23 seconds
tax. providing approximately $1,864,000 annually until ended by voters with 1:31:30
1 hour, 31 minutes, 30 seconds
independent audits, public spending disclosure, and a citizen’s oversight committee and all funds spent locally be
1:31:38
1 hour, 31 minutes, 38 seconds
adopted. So, that's the proposal. Um, this is my understanding of what the council directed staff to bring forward.
1:31:47
1 hour, 31 minutes, 47 seconds
Um, it is a special tax. It will be limited to the purposes specified in the ballot label. It will require approval
1:31:55
1 hour, 31 minutes, 55 seconds
from two thirds of voters. Um so if you would like to do any word smithing, now's the time.
Otherwise, I would ask
1:32:02
1 hour, 32 minutes, 2 seconds
you to adopt the resolution and direct staff to submit it to the county um to initiate the election on the measure.
1:32:14
1 hour, 32 minutes, 14 seconds
Council Member Burruss And so once we submit this um we would then draft the proposed ordinance which include the structure for the citizen oversight committee.
Item 2B129
1:32:23
1 hour, 32 minutes, 23 seconds
Conor Harkins Yeah. Council Member Burruss Okay.
1:32:24
1 hour, 32 minutes, 24 seconds
Conor Harkins And I'm working on that. Um it's most of the language is um you you have to get the California Department of Tax and Fee
1:32:33
1 hour, 32 minutes, 33 seconds
Administration to administer the tax. So they they get to tell you what your ordinance says in large part. Yeah. and
1:32:40
1 hour, 32 minutes, 40 seconds
they also get to review the draft. So, I've received their model ordinance. 1:32:45
1 hour, 32 minutes, 45 seconds
I've prepared a draft. I'm going to send it over to Ron here by the end of the week. And then we'll need to get CDTFA to review and approve what we're trying 1:32:53
1 hour, 32 minutes, 53 seconds
to do. But it it will have all it will have the provisions to make make this tax happen. It will have the public audit, citizens oversight, disclosure requirements. 1:33:05
1 hour, 33 minutes, 5 seconds
It'll have a stated purpose for what the what the funds are used for, all those sorts of things. But that is to come.
1:33:11
1 hour, 33 minutes, 11 seconds
That is a future item for the council to consider.
1:33:17
1 hour, 33 minutes, 17 seconds
Mayor McCully Okay. Do we have any questions or comments from the public? 1:33:25
1 hour, 33 minutes, 25 seconds
I think we're just going to put Tom's name on the podium right there. I love it. 1:33:33
1 hour, 33 minutes, 33 seconds
Well, I looked at each person. You just thought I was staring at you. 1%. 1:33:42
1 hour, 33 minutes, 42 seconds
Council Member Burruss No. Oh. Oh. Oh. Mayor McCully To put it on the ballot. Conor Harkins Uh, the cost is going to be staff time.
1:33:49
1 hour, 33 minutes, 49 seconds
Um, CDTFA requires we we have to enter into an agreement with them to administer the 1:33:57
1 hour, 33 minutes, 57 seconds
Item 2B130
tax and that will cost an amount. I've asked them for an estimate and I haven't received that estimate from them yet.
1:34:03
1 hour, 34 minutes, 3 seconds
So, well, this this is not going to be a um like a a petition. So, we don't need to like circulate a petition and collect
1:34:12
1 hour, 34 minutes, 12 seconds
signatures on that which is usually the expensive part of a ballot measure. Is that what you mean? Yeah.
1:34:19
1 hour, 34 minutes, 19 seconds
Tom Parnham The election council members are the only two money. 1:34:27
1 hour, 34 minutes, 27 seconds
Oh. Conor Harkins Oh, sure. Yeah, I don't have the answer to that question for you. I'm sorry. 1:34:38
1 hour, 34 minutes, 38 seconds
I'm I'm I'm not sure. Yeah, but yeah, there will be some cost to have the county run the election.
Right.
1:34:54
1 hour, 34 minutes, 54 seconds
[laughter]
1:34:57
1 hour, 34 minutes, 57 seconds
Mayor McCully Do we have any comments or questions from the the council? 1:35:05
1 hour, 35 minutes, 5 seconds
Council Member Douglass Uh I'm usually against all taxes. I'm a libertarian. I'm uh anti. Anyhow, but
1:35:14
1 hour, 35 minutes, 14 seconds
this one I think I might actually vote for it. That's all. 1:35:21
1 hour, 35 minutes, 21 seconds
Mayor Pro Tem Hillberg I Is there a deadline? What is the deadline? Conor Harkins July to adopt this resolution?
1:35:29
1 hour, 35 minutes, 29 seconds
Yeah. Mayor Pro Tem Hillberg At what point must we give that information to the county? Conor Harkins July 1st. Mayor Pro Tem Hillberg July 1st.
1:35:37
1 hour, 35 minutes, 37 seconds
Mayor Pro Tem Hillberg which is why I have a question about process. Conor Harkins Yeah.
Item 2B131
1:35:41
1 hour, 35 minutes, 41 seconds
Mayor Pro Tem Hillberg Um, this wasn't part of our regular agenda, so I can only assume it wasn't ready. Uh, we had to call a special
1:35:50
1 hour, 35 minutes, 50 seconds
meeting, which means that we only have to do 24 hours notice rather than 3 days, rather than 72. 1:36:00
1 hour, 36 minutes
But the other thing is um I want to find a good way to phrase this. 1:36:12
1 hour, 36 minutes, 12 seconds
Mayor Pro Tem Hillberg First off, let me say that I'm on the council and I didn't even get this. I wasn't properly noticed within 20 with 24 hours’ notice because I didn't get it. 1:36:24
1 hour, 36 minutes, 24 seconds
I didn't get it till I walked into this room tonight. And [clears throat] I don't know why that happened.
And I'm wondering did any other are there any
1:36:31
1 hour, 36 minutes, 31 seconds
council members that saw this before we came in here? And my interest is more in in noticing the public. I think this is
1:36:41
1 hour, 36 minutes, 41 seconds
significant and we own the owe the public more than just dropping it on them because they could not have seen
1:36:49
1 hour, 36 minutes, 49 seconds
this till yesterday. But since I didn't get noticed, how did the public get noticed? Did they? 1:36:56
1 hour, 36 minutes, 56 seconds
Conor Harkins The public received notice in the same manner that all other agendas are publicly noticed. So, it was posted outside city hall. It was posted on the 1:37:04
1 hour, 37 minutes, 4 seconds
website. It was emailed to anyone who requests email notice of the agenda. I'm not sure why the council did not receive a copy via email like they usually do. 1:37:14
1 hour, 37 minutes, 14 seconds
That was a miscommunication on staff's part and I apologize for that. Um this the issue of calling the election was
1:37:23
1 hour, 37 minutes, 23 seconds
brought up um two council meetings ago when um when the issue when council first 1:37:32
1 hour, 37 minutes, 32 seconds
directed staff to bring forward this sales tax measure. Um so I'm sorry that the resolution and and I brought it up at that time that we needed to do a
Item 2B132
1:37:40
1 hour, 37 minutes, 40 seconds
resolution calling the election. So, I'm sorry that it didn't happen before then, but um this was discussed
1:37:47
1 hour, 37 minutes, 47 seconds
at least a month ago um that that we needed to do this. Um and additionally, this is not the proposed tax. This is just a resolution calling the election.
1:37:59
1 hour, 37 minutes, 59 seconds
There will be a future meeting where we um propose a ordinance the council. The 1:38:06
1 hour, 38 minutes, 6 seconds
council will introduce it in the same manner as an as any other ordinance. So we'll do a first reading, we'll do a second reading, there will be two
1:38:14
1 hour, 38 minutes, 14 seconds
different meetings where we consider this. Um so there will be an opportunity for the public to see the content of the
1:38:21
1 hour, 38 minutes, 21 seconds
actual law that um that is being proposed. This this is really a procedural formality to to get Placer 1:38:30
1 hour, 38 minutes, 30 seconds
County Elections to run the election for the city. the the substantive part that matters for tonight is the text of the ballot label.
1:38:40
1 hour, 38 minutes, 40 seconds
And I'm sorry you didn't have more time to review it. Um but I thought it best to try and 1:38:48
1 hour, 38 minutes, 48 seconds
you know do it at tonight's meeting rather than postpone it closer to the July 1 deadline. 1:38:56
1 hour, 38 minutes, 56 seconds
Mayor Pro Tem Hillberg So if those words go to the county on July 1st, are you saying that we could change them later? Conor Harkins No,
1:39:03
1 hour, 39 minutes, 3 seconds
Mayor Pro Tem Hillberg I just don't think we did a good enough job keeping the public informed to what we're doing and and not even manage to
1:39:11
1 hour, 39 minutes, 11 seconds
get it done so that the public had 72 hours. We just dropped it on them yesterday afternoon at 3:00 or whatever
1:39:18
1 hour, 39 minutes, 18 seconds
it was. I just don't think that's good enough. So, that's my feeling. 1:39:26
Item 2B133
1 hour, 39 minutes, 26 seconds
I mean, this is big. this will put a somewhere we and I support the words that are there. I was the one of the
1:39:34
1 hour, 39 minutes, 34 seconds
ones that insisted that it be a public election and not decided by those of us behind the dais and I support all that.
1:39:42
1 hour, 39 minutes, 42 seconds
I just don't think we did a good enough job telling the public 1:39:50
1 hour, 39 minutes, 50 seconds
and I don't think something this important should ever be handled as a special 1:39:56
1 hour, 39 minutes, 56 seconds
meeting with only 24 hours notice. Um I'll get off my soap box. That's all I have to say. 1:40:06
1 hour, 40 minutes, 6 seconds
Mayor McCully Thank you, Larry. Um, do we have any other questions or comments or do we have somebody who would like to make a motion so we can get this to the county and move forward? 1:40:13
1 hour, 40 minutes, 13 seconds
Council Member Lomen I don't support any new taxes. I'm going to I don't want to deny anybody the ability to vote on whether or not they would like new taxes to help improve our 1:40:20
1 hour, 40 minutes, 20 seconds
city. So, I would like to make a motion to approve this. What item is it? 1:40:29
1 hour, 40 minutes, 29 seconds
Item 2 A. Thank you. the resolution calling for election on transactions and use tax for street maintenance.
1:40:38
1 hour, 40 minutes, 38 seconds
Mayor McCully Thank you. Do we have a second? Council Member Lomen Ready. 1:40:40
1 hour, 40 minutes, 40 seconds
Council Member Burruss Sean said my thoughts perfectly and I will second it. Mayor McCully Right. All in favor?
1:40:46
1 hour, 40 minutes, 46 seconds
I I I Mayor Pro Tem Hillberg No. Mayor McCully Okay. You had four eyes in one. Okay. 1:40:54
1 hour, 40 minutes, 54 seconds
Conor Harkins Um Okay. [clears throat] Mayor McCully Good. Conor Harkins Yep. 1:40:57
Item 2B134
1 hour, 40 minutes, 57 seconds
Mayor McCully All right. So that passes and we are returned. Thank you very much Item 2B135
City of Colfax Recology - City of Colfax Rate Increase
Staff Report July 22, 2026
Staff Report to City Council
FOR THE JULY 22, 2026 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Recology - City of Colfax Rate Increase
Budget Impact Overview:
N/A: Funded: Un-funded: Amount: Fund(s):
Summary/Background
Recology Auburn Placer will perform a rate adjustment effective July 1, 2026. Per the contract, Section 4.1.4 allows for an annual adjustment in fees charged. This includes a Cost-of-Living Adjustment (COLA) of 3.00% and Landfill adjustment of 0.0%. There is currently no change in the WPWMA disposal rate. However, they anticipate making the Landfill adjustment effective upon the date the updated WPWMA disposal rate goes into effect.
Attachments:
1. Recology – City of Colfax Rate Increase 2026 letter.
2. Solid Waste Franchise Agreement.
RECOMMENDED ACTION: Receive and file.
Item 2C136
March 31, 2026
Mr. Ron Walker
City Manager
City of Colfax
33 South Main St.
Colfax, CA 95713
Re: Refuse Collection Rate Adjustment
Dear Mr. Walker,
Recology Auburn Placer requests a rate adjustment effective July 1, 2026. Per the contract, Section 4.1.4 allows for an annual adjustment in fees charged. This includes a Cost-of-Living Adjustment (COLA) of 3.00% and Landfill adjustment of 0.0%. There is currently no change in the WPWMA disposal rate. However, we anticipate making the Landfill adjustment effective upon the date the updated WPWMA disposal rate goes into effect.
If you have any questions, you may contact me directly at (503) 883-1251, or via email at [email protected].
Regards,
Katie Hardesty
General Manager
Recology Auburn Placer
Cc: Ed Farewell - Vice President & Regional Manager
Seth Hansen – Regional Controller
Carrie Baxter, Katelyn Scholz – R3
Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C137
CITY OF COLFAX
For Rate Year July 1, 2026 through June 30, 2027
CURRENT - EFFECTIVE JULY 1, 2025
RESIDENTIAL RATES
SERVICE
COST
DISPOSAL
FEES
PROCESSING
FEES TOTAL
REFUSE
DISPOSAL
SURCHARGE
TOTAL WITH
SURCHARGE
1 - 32-Gallon Can $ 11.23 $ 15.39 $ 0.71 $ 27.33 $ 5.06 $ 32.39 2 - 32-Gallon Can $ 16.23 $ 22.26 $ 1.05 $ 39.54 $ 7.31 $ 46.85 3 - 32-Gallon Can $ 21.22 $ 29.13 $ 1.36 $ 51.71 $ 9.57 $ 61.28 4 - 32-Gallon Can $ 26.29 $ 36.08 $ 1.71 $ 64.08 $ 11.85 $ 75.93 32-Gallon Cart $ 11.62 $ 16.00 $ 0.74 $ 28.36 $ 5.25 $ 33.61 64-Gallon Cart $ 16.69 $ 22.93 $ 1.10 $ 40.72 $ 7.53 $ 48.25 96-Gallon Cart $ 21.78 $ 29.86 $ 1.47 $ 53.11 $ 9.83 $ 62.94 Senior Citizen
1 - 32-Gallon Can $ 9.15 $ 12.56 $ 0.59 $ 22.30 $ 4.13 $ 26.43 1 - 32-Gallon Cart $ 9.58 $ 13.16 $ 0.60 $ 23.34 $ 4.32 $ 27.66 Extra Charge
Bag (extra per pick-up) $ 2.59 $ 3.56 $ 0.15 $ 6.30 -$ $ 6.30 Can (extra per pick-up) $ 2.59 $ 3.56 $ 0.15 $ 6.30 -$ $ 6.30 Toter (extra per pick-up) $ 2.59 $ 3.56 $ 0.15 $ 6.30 -$ $ 6.30 32-Gallon Green Waste (extra per pick-up) 1.83 $ $ 3.88 $ 5.71 -$ $ 5.71 Off Schedule Pickup - Container $ 45.34 $ 45.34 -$ $ 45.34 Bulk Item Pickup - each addition pickup $ 91.93 $ 43.39 $ 135.32 -$ $ 135.32 Bulk Item Pickup - off schedule pickup $ 192.69 $ 43.39 $ 236.08 -$ $ 236.08 Temporary Automated Container $ 45.34 $ 45.34 -$ $ 45.34 Steam Clean Automated Container $ 75.58 $ 75.58 -$ $ 75.58 Repair Container (Lid) $ 25.20 $ 25.20 -$ $ 25.20
Repair Container (Other) $ 25.20 $ 25.20 -$ $ 25.20
Replace Container (32-Gallon) $ 50.37 $ 50.37 -$ $ 50.37 Replace Container (64-Gallon) $ 56.67 $ 56.67 -$ $ 56.67 Replace Container (96-Gallon) $ 62.97 $ 62.97 -$ $ 62.97 3/26/2026 8:49 AM Colfax Rate Increase effective July 1 2026- June 30 2027 . Rates Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C138
CITY OF COLFAX
For Rate Year July 1, 2026 through June 30, 2027
PROPOSED - EFFECTIVE JULY 1, 2026
RESIDENTIAL RATES
SERVICE
COST
DISPOSAL
FEES
PROCESSING
FEES TOTAL
REFUSE
DISPOSAL
SURCHARGE
TOTAL WITH
SURCHARGE
1 - 32-Gallon Can $ 11.57 $ 15.39 $ 0.71 $ 27.67 $ 5.12 $ 32.79 2 - 32-Gallon Can $ 16.72 $ 22.26 $ 1.05 $ 40.03 $ 7.41 $ 47.44 3 - 32-Gallon Can $ 21.86 $ 29.13 $ 1.36 $ 52.35 $ 9.68 $ 62.03 4 - 32-Gallon Can $ 27.08 $ 36.08 $ 1.71 $ 64.87 $ 12.00 $ 76.87 32-Gallon Cart $ 11.97 $ 16.00 $ 0.74 $ 28.71 $ 5.31 $ 34.02 64-Gallon Cart $ 17.19 $ 22.93 $ 1.10 $ 41.22 $ 7.63 $ 48.85 96-Gallon Cart $ 22.43 $ 29.86 $ 1.47 $ 53.76 $ 9.95 $ 63.71 Senior Citizen
1 - 32-Gallon Can $ 9.42 $ 12.56 $ 0.59 $ 22.57 $ 4.18 $ 26.75 1 - 32-Gallon Cart $ 9.87 $ 13.16 $ 0.60 $ 23.63 $ 4.37 $ 28.00 Extra Charge
Bag (extra per pick-up) $ 2.67 $ 3.56 $ 0.15 $ 6.38 -$ $ 6.38 Can (extra per pick-up) $ 2.67 $ 3.56 $ 0.15 $ 6.38 -$ $ 6.38 Toter (extra per pick-up) $ 2.67 $ 3.56 $ 0.15 $ 6.38 -$ $ 6.38 32-Gallon Green Waste (extra per pick-up)$ 1.88 $ 3.88 $ 5.76 -$ $ 5.76 Off Schedule Pickup - Container $ 46.70 $ 46.70 -$ $ 46.70 Bulk Item Pickup - each addition pickup $ 94.69 $ 43.39 $ 138.08 -$ $ 138.08 Bulk Item Pickup - off schedule pickup $ 198.47 $ 43.39 $ 241.86 -$ $ 241.86 Temporary Automated Container $ 46.70 $ 46.70 -$ $ 46.70 Steam Clean Automated Container $ 77.85 $ 77.85 -$ $ 77.85 Repair Container (Lid) $ 25.96 $ 25.96 -$ $ 25.96
Repair Container (Other) $ 25.96 $ 25.96 -$ $ 25.96
Replace Container (32-Gallon) $ 51.88 $ 51.88 -$ $ 51.88 Replace Container (64-Gallon) $ 58.37 $ 58.37 -$ $ 58.37 Replace Container (96-Gallon) $ 64.86 $ 64.86 -$ $ 64.86 3/26/2026 8:49 AM Colfax Rate Increase effective July 1 2026- June 30 2027 . Rates Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C139
CITY OF COLFAX
For Rate Year July 1, 2026 through June 30, 2027
CURRENT - EFFECTIVE JULY 1, 2025
MULTI-FAMILY RATES
SERVICE
COST
DISPOSAL
FEES
PROCESSING
FEES TOTAL
REFUSE
DISPOSAL
SURCHARGE
TOTAL WITH
SURCHARGE
1 - 32-Gallon Can $ 11.23 $ 15.39 $ 0.71 $ 27.33 $ 5.06 $ 32.39 2 - 32-Gallon Can $ 16.23 $ 22.26 $ 1.05 $ 39.54 $ 7.31 $ 46.85 3 - 32-Gallon Can $ 21.22 $ 29.13 $ 1.36 $ 51.71 $ 9.57 $ 61.28 4 - 32-Gallon Can $ 26.29 $ 36.08 $ 1.71 $ 64.08 $ 11.85 $ 75.93 64-Gallon Cart ($3.77 per unit, up to 2 units) $ 16.69 $ 22.93 $ 1.10 $ 40.72 $ 7.53 $ 48.25 96-Gallon Cart ($3.77 per unit, up to 3 units) $ 25.06 $ 34.38 $ 1.64 $ 61.08 $ 11.30 $ 72.38 2-yard bin ($3.55 per unit, up to 12 units) $ 94.32 $ 129.51 $ 6.17 $ 230.00 $ 42.55 $ 272.55 Extra Charge
Can (per pick-up) $ 5.06 $ 6.93 $ 0.37 $ 12.36 -$ $ 12.36 Off Schedule Pickup - Container $ 45.34 $ 45.34 -$ $ 45.34 Off Schedule Pickup - Bin $ 151.12 $ 151.12 -$ $ 151.12 Bulk Item Pickup - each addition pickup $ 91.93 $ 43.39 $ 135.32 -$ $ 135.32 Bulk Item Pickup - off schedule pickup $ 192.69 $ 43.39 $ 236.08 -$ $ 236.08 Temporary Automated Container $ 45.34 $ 45.34 -$ $ 45.34 Steam Clean Automated Container $ 75.58 $ 75.58 -$ $ 75.58 Repair Container (Lid) $ 25.20 $ 25.20 -$ $ 25.20
Repair Container (Other) $ 25.20 $ 25.20 -$ $ 25.20
Replace Container (32-Gallon) $ 50.37 $ 50.37 -$ $ 50.37 Replace Container (64-Gallon) $ 56.67 $ 56.67 -$ $ 56.67 Replace Container (96-Gallon) $ 62.97 $ 62.97 -$ $ 62.97 PROPOSED - EFFECTIVE JULY 1, 2026
MULTI-FAMILY RATES
SERVICE
COST
DISPOSAL
FEES
PROCESSING
FEES TOTAL
REFUSE
DISPOSAL
SURCHARGE
TOTAL WITH
SURCHARGE
1 - 32-Gallon Can $ 11.57 $ 15.39 $ 0.71 $ 27.67 $ 5.12 $ 32.79 2 - 32-Gallon Can $ 16.72 $ 22.26 $ 1.05 $ 40.03 $ 7.41 $ 47.44 3 - 32-Gallon Can $ 21.86 $ 29.13 $ 1.36 $ 52.35 $ 9.68 $ 62.03 4 - 32-Gallon Can $ 27.08 $ 36.08 $ 1.71 $ 64.87 $ 12.00 $ 76.87 64-Gallon Cart ($3.82 per unit, up to 2 units) $ 17.19 $ 22.93 $ 1.10 $ 41.22 $ 7.63 $ 48.85 96-Gallon Cart ($3.81 per unit, up to 3 units) $ 25.81 $ 34.38 $ 1.64 $ 61.83 $ 11.44 $ 73.27 2-yard bin ($3.59 per unit, up to 12 units) $ 97.15 $ 129.51 $ 6.17 $ 232.83 $ 43.07 $ 275.90 Extra Charge
Can (per pick-up) $ 5.21 $ 6.93 $ 0.37 $ 12.51 -$ $ 12.51 Off Schedule Pickup - Container $ 46.70 $ 46.70 -$ $ 46.70 Off Schedule Pickup - Bin $ 155.65 $ 155.65 -$ $ 155.65 Bulk Item Pickup - each addition pickup $ 94.69 $ 43.39 $ 138.08 -$ $ 138.08 Bulk Item Pickup - off schedule pickup $ 198.47 $ 43.39 $ 241.86 -$ $ 241.86 Temporary Automated Container $ 46.70 $ 46.70 -$ $ 46.70 Steam Clean Automated Container $ 77.85 $ 77.85 -$ $ 77.85 Repair Container (Lid) $ 25.96 $ 25.96 -$ $ 25.96
Repair Container (Other) $ 25.96 $ 25.96 -$ $ 25.96
Replace Container (32-Gallon) $ 51.88 $ 51.88 -$ $ 51.88 Replace Container (64-Gallon) $ 58.37 $ 58.37 -$ $ 58.37 Replace Container (96-Gallon) $ 64.86 $ 64.86 -$ $ 64.86 3/26/2026 8:49 AM Colfax Rate Increase effective July 1 2026- June 30 2027 . Rates Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C140
CITY OF COLFAX
For Rate Year July 1, 2026 through June 30, 2027
CURRENT - EFFECTIVE JULY 1, 2025
COMMERCIAL RATES
Frequency (Pickups per Week)
SIZE 1 2 3 4 5
1 Cu Yd $ 65.84 $ 119.00 $ 177.61 $ 242.45 $ 313.75
Disposal Fees 65.99 119.31 178.09 243.03 314.53
Processing Fees 3.71 6.69 9.96 13.58 17.59
TOTAL 135.54 $ $ 245.00 $ 365.66 $ 499.06 $ 645.87
Refuse Disposal Surcharge $ 25.07 $ 45.33 $ 67.65 $ 92.33 $ 119.49 Total with Surcharge $ 160.61 $ 290.33 $ 433.31 $ 591.39 $ 765.36 2 Cu Yd $ 115.40 $ 221.74 $ 338.70 $ 467.38 $ 608.92
Disposal Fees 115.72 222.26 339.55 468.54 610.44
Processing Fees 6.43 12.41 18.95 26.17 34.08
TOTAL 237.55 $ $ 456.41 $ 697.20 $ 962.09 $ 1,253.44
Refuse Disposal Surcharge $ 43.95 $ 84.44 $ 128.98 $ 177.99 $ 231.89 Total with Surcharge $ 281.50 $ 540.85 $ 826.18 $ 1,140.08 $ 1,485.33 3 Cu Yd $ 169.28 $ 319.07 $ 469.00 $ 619.03 $ 769.14
Disposal Fees 169.68 319.87 470.16 620.56 771.08
Processing Fees 9.49 17.88 26.23 34.66 43.06
TOTAL 348.45 $ $ 656.82 $ 965.39 $ 1,274.25 $ 1,583.28
Refuse Disposal Surcharge $ 64.46 $ 121.51 $ 178.60 $ 235.74 $ 292.91 Total with Surcharge $ 412.91 $ 778.33 $ 1,143.99 $ 1,509.99 $ 1,876.19 3 Cu Yd - EOW $ 86.77
Disposal Fees 86.98
Processing Fees 4.87
TOTAL 178.62 $
Refuse Disposal Surcharge $ 33.04
Total with Surcharge $ 211.66
4 Cu Yd $ 217.01 $ 396.42 $ 575.76 $ 755.02 $ 934.17
Disposal Fees 223.31 407.99 592.56 777.01 961.39
Processing Fees 12.13 22.19 32.26 42.31 52.30
TOTAL 452.45 $ $ 826.60 $ 1,200.58 $ 1,574.34 $ 1,947.86 Refuse Disposal Surcharge $ 83.70 $ 152.92 $ 222.11 $ 291.25 $ 360.35 Total with Surcharge $ 536.15 $ 979.52 $ 1,422.69 $ 1,865.59 $ 2,308.21 5 Cu Yd $ 265.19 $ 504.89 $ 744.52 $ 984.23 $ 1,223.83
Disposal Fees 272.93 519.60 766.25 1,012.88 1,259.48
Processing Fees 14.85 28.28 41.70 55.09 68.53
TOTAL 552.97 $ $ 1,052.77 $ 1,552.47 $ 2,052.20 $ 2,551.84 Refuse Disposal Surcharge $ 102.30 $ 194.76 $ 287.21 $ 379.66 $ 472.09 Total with Surcharge $ 655.27 $ 1,247.53 $ 1,839.68 $ 2,431.86 $ 3,023.93 6 Cu Yd $ 313.38 $ 613.37 $ 913.35 $ 1,213.36 $ 1,513.46 Disposal Fees 322.56 631.22 939.94 1,248.73 1,557.57
Processing Fees 17.55 34.37 51.13 67.97 84.76
TOTAL 653.49 $ $ 1,278.96 $ 1,904.42 $ 2,530.06 $ 3,155.79 Refuse Disposal Surcharge $ 120.90 $ 236.61 $ 352.32 $ 468.06 $ 583.82 Total with Surcharge $ 774.39 $ 1,515.57 $ 2,256.74 $ 2,998.12 $ 3,739.61 7 Cu Yd $ 361.66 $ 721.81 $ 1,082.11 $ 1,442.57 $ 1,803.15 Disposal Fees 372.19 742.85 1,113.64 1,484.61 1,855.67
Processing Fees 20.27 40.40 60.59 80.79 100.95
TOTAL 754.12 $ $ 1,505.06 $ 2,256.34 $ 3,007.97 $ 3,759.77 Refuse Disposal Surcharge $ 139.51 $ 278.44 $ 417.42 $ 556.47 $ 695.56 Total with Surcharge $ 893.63 $ 1,783.50 $ 2,673.76 $ 3,564.44 $ 4,455.33 3/26/2026 8:49 AM Colfax Rate Increase effective July 1 2026- June 30 2027 . Rates Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C141
CITY OF COLFAX
For Rate Year July 1, 2026 through June 30, 2027
PROPOSED - EFFECTIVE JULY 1, 2026
COMMERCIAL RATES
Frequency (Pickups per Week)
SIZE 1 2 3 4 5
1 Cu Yd $ 67.82 $ 122.57 $ 182.94 $ 249.72 $ 323.16
Disposal Fees 65.99 119.31 178.09 243.03 314.53
Processing Fees 3.71 6.69 9.96 13.58 17.59
TOTAL 137.52 $ $ 248.57 $ 370.99 $ 506.33 $ 655.28
Refuse Disposal Surcharge $ 25.44 $ 45.99 $ 68.63 $ 93.67 $ 121.23 Total with Surcharge $ 162.96 $ 294.56 $ 439.62 $ 600.00 $ 776.51 2 Cu Yd $ 118.86 $ 228.39 $ 348.86 $ 481.40 $ 627.19
Disposal Fees 115.72 222.26 339.55 468.54 610.44
Processing Fees 6.43 12.41 18.95 26.17 34.08
TOTAL 241.01 $ $ 463.06 $ 707.36 $ 976.11 $ 1,271.71
Refuse Disposal Surcharge $ 44.59 $ 85.67 $ 130.86 $ 180.58 $ 235.27 Total with Surcharge $ 285.60 $ 548.73 $ 838.22 $ 1,156.69 $ 1,506.98 3 Cu Yd $ 174.36 $ 328.64 $ 483.07 $ 637.60 $ 792.21
Disposal Fees 169.68 319.87 470.16 620.56 771.08
Processing Fees 9.49 17.88 26.23 34.66 43.06
TOTAL 353.53 $ $ 666.39 $ 979.46 $ 1,292.82 $ 1,606.35
Refuse Disposal Surcharge $ 65.40 $ 123.28 $ 181.20 $ 239.17 $ 297.17 Total with Surcharge $ 418.93 $ 789.67 $ 1,160.66 $ 1,531.99 $ 1,903.52 3 Cu Yd - EOW $ 89.37
Disposal Fees 86.98
Processing Fees 4.87
TOTAL 181.22 $
Refuse Disposal Surcharge $ 33.53
Total with Surcharge $ 214.75
4 Cu Yd $ 223.52 $ 408.31 $ 593.03 $ 777.67 $ 962.20
Disposal Fees 223.31 407.99 592.56 777.01 961.39
Processing Fees 12.13 22.19 32.26 42.31 52.30
TOTAL 458.96 $ $ 838.49 $ 1,217.85 $ 1,596.99 $ 1,975.89 Refuse Disposal Surcharge $ 84.91 $ 155.12 $ 225.30 $ 295.44 $ 365.54 Total with Surcharge $ 543.87 $ 993.61 $ 1,443.15 $ 1,892.43 $ 2,341.43 5 Cu Yd $ 273.15 $ 520.04 $ 766.86 $ 1,013.76 $ 1,260.54 Disposal Fees 272.93 519.60 766.25 1,012.88 1,259.48
Processing Fees 14.85 28.28 41.70 55.09 68.53
TOTAL 560.93 $ $ 1,067.92 $ 1,574.81 $ 2,081.73 $ 2,588.55 Refuse Disposal Surcharge $ 103.77 $ 197.57 $ 291.34 $ 385.12 $ 478.88 Total with Surcharge $ 664.70 $ 1,265.49 $ 1,866.15 $ 2,466.85 $ 3,067.43 6 Cu Yd $ 322.78 $ 631.77 $ 940.75 $ 1,249.76 $ 1,558.86 Disposal Fees 322.56 631.22 939.94 1,248.73 1,557.57
Processing Fees 17.55 34.37 51.13 67.97 84.76
TOTAL 662.89 $ $ 1,297.36 $ 1,931.82 $ 2,566.46 $ 3,201.19 Refuse Disposal Surcharge $ 122.63 $ 240.01 $ 357.39 $ 474.80 $ 592.22 Total with Surcharge $ 785.52 $ 1,537.37 $ 2,289.21 $ 3,041.26 $ 3,793.41 7 Cu Yd $ 372.51 $ 743.46 $ 1,114.57 $ 1,485.85 $ 1,857.24 Disposal Fees 372.19 742.85 1,113.64 1,484.61 1,855.67
Processing Fees 20.27 40.40 60.59 80.79 100.95
TOTAL 764.97 $ $ 1,526.71 $ 2,288.80 $ 3,051.25 $ 3,813.86 Refuse Disposal Surcharge $ 141.52 $ 282.44 $ 423.43 $ 564.48 $ 705.56 Total with Surcharge $ 906.49 $ 1,809.15 $ 2,712.23 $ 3,615.73 $ 4,519.42 3/26/2026 8:49 AM Colfax Rate Increase effective July 1 2026- June 30 2027 . Rates Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C142
CITY OF COLFAX
For Rate Year July 1, 2026 through June 30, 2027
CURRENT - EFFECTIVE JULY 1, 2025
COMMERCIAL RATES
DEBRIS BOXES
SERVICE
COST
DISPOSAL
FEES TOTAL
20 Cu Yd - 3 Ton Limit $ 204.31 $ 327.75 $ 532.06
30 Cu Yd - 3.5 Ton Limit $ 275.46 $ 382.39 $ 657.85
40 Cu Yd - 4 Ton Limit $ 346.61 $ 437.00 $ 783.61
Temporary Bins
4 Cu Yd - 1/2 Ton Limit $ 124.56 $ 44.16 $ 168.72
5 Cu Yd - 1/2 Ton Limit $ 139.52 $ 44.16 $ 183.68
6 Cu Yd - 3/4 Ton Limit $ 156.26 $ 66.28 $ 222.54
7 Cu Yd - 3/4 Ton Limit $ 175.00 $ 66.28 $ 241.28
PROPOSED - EFFECTIVE JULY 1, 2026
COMMERCIAL RATES
DEBRIS BOXES
SERVICE
COST
DISPOSAL
FEES TOTAL
20 Cu Yd - 3 Ton Limit $ 210.44 $ 327.75 $ 538.19
30 Cu Yd - 3.5 Ton Limit $ 283.72 $ 382.39 $ 666.11
40 Cu Yd - 4 Ton Limit $ 357.01 $ 437.00 $ 794.01
Temporary Bins
4 Cu Yd - 1/2 Ton Limit $ 128.30 $ 44.16 $ 172.46
5 Cu Yd - 1/2 Ton Limit $ 143.71 $ 44.16 $ 187.87
6 Cu Yd - 3/4 Ton Limit $ 160.95 $ 66.28 $ 227.23
7 Cu Yd - 3/4 Ton Limit $ 180.25 $ 66.28 $ 246.53
3/26/2026 8:49 AM Colfax Rate Increase effective July 1 2026- June 30 2027 . Rates Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C143
CITY OF COLFAX
For Rate Year July 1, 2026 through June 30, 2027
CURRENT - EFFECTIVE JULY 1, 2025
COMMERCIAL RATES
EXTRA SERVICES
SERVICING
COSTS
DISPOSAL
FEES
PROCESSING
FEES TOTAL
96-Gallon Green Waste Cart (per month) $ 22.21 -$ $ 34.90 $ 57.11 Overweight Fee - per ton $ 20.08 $ 109.25 $ - $ 129.33
Bulk Item Pickup - On Schedule $ 91.93 $ 43.39 $ - $ 135.32 Bulk Item Pickup - Off Schedule $ 192.69 $ 43.39 $ - $ 236.08 Off Schedule Pickup - Bin $ 151.12 -$ $ - $ 151.12
Bin Relocation $ 100.75 -$ $ - $ 100.75
Bin Cancellation within 24 hours of delivery $ 46.61 -$ $ - $ 46.61 Bin Service Fee if Bin Exceeds Weight Limit $ 46.61 -$ $ - $ 46.61 Rental Fee - Bin - Kept > 1 week - per day $ 6.28 -$ $ - $ 6.28 Rental Fee - Debris Box - Kept > 1 wk/day $ 6.28 -$ $ - $ 6.28 7yd Cardboard Recycling Container - Set up $ 188.91 -$ $ - $ 188.91 PROPOSED - EFFECTIVE JULY 1, 2026
COMMERCIAL RATES
EXTRA SERVICES
SERVICING
COSTS
DISPOSAL
FEES
PROCESSING
FEES TOTAL
96-Gallon Green Waste Cart (per month) $ 22.88 -$ $ 34.90 $ 57.78 Overweight Fee - per ton $ 20.68 $ 109.25 $ - $ 129.93
Bulk Item Pickup - On Schedule $ 94.69 $ 43.39 $ - $ 138.08 Bulk Item Pickup - Off Schedule $ 198.47 $ 43.39 $ - $ 241.86 Off Schedule Pickup - Bin $ 155.65 -$ $ - $ 155.65
Bin Relocation $ 103.77 -$ $ - $ 103.77
Bin Cancellation within 24 hours of delivery $ 48.01 -$ $ - $ 48.01 Bin Service Fee if Bin Exceeds Weight Limit $ 48.01 -$ $ - $ 48.01 Rental Fee - Bin - Kept > 1 week - per day $ 6.47 -$ $ - $ 6.47 Rental Fee - Debris Box - Kept > 1 wk/day $ 6.47 -$ $ - $ 6.47 7yd Cardboard Recycling Container - Set up $ 194.58 -$ $ - $ 194.58 3/26/2026 8:49 AM Colfax Rate Increase effective July 1 2026- June 30 2027 . Rates Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C144
Recology Auburn Placer
CITY of COLFAX
Rate Components
Rate Year July 1, 2026 through June 30, 2027
Annual Increase - Rate Year 2026-2027
Cost of Living Increase 3.000%
Other - Carry forward from 2024 - 2025 0.000%
Other 0.000%
TOTAL INCREASE (CAP at 4%) 3.000%
* * Old Landfill Rate (See Note 1) 109.25$
* * New Landfill Rate (See Note 1) 109.25$
Landfill Increase $0.00
% Increase 0.00%
* * Old Green Waste Rate 85.00$
* * New Green Waste Rate 85.00$ 69.75
Landfill Increase $0.00 69.75
% Increase 0.00%
Street Sweeping 0.00%
* * Note 1 Landfill Rates Applicable to Debris Boxes and C&D:
Landfill Rate - Debris Box and C&D
Old Rate $106.50 New Rate $109.25
Franchise Fee
Description New Old
Actual 0.0% 0.0%
Calc Factor 0.0000 0.0000
Refuse Disposal Surcharge
Description New Old
Actual 18.5% 18.5%
Colfax Rate Increase effective July 1 2026- June 30 2027 Rate Components 3/26/2026 8:48 AM Docusign Envelope ID: 682A1488-36C4-449B-8DB0-DA77425D4D4C Item 2C145
SOLID WASTE FRANCHISE AGREEMENT
This Solid Waste Franchise Agreement ("Agreement") is entered into this 14th July, 2016 between the City of Colfax, California ("City") and Recology Auburn Placer, a California corporation (hereinafter referred to as "Contractor"), for the collection, transportation, and disposal of Solid Waste.
RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and WHEREAS, pursuaht to California Public Resources Code Section 40059(a)(1), the City Council of the City Of Colfax has determined that the public health, safety and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from certain residential, industrial and commercial areas in City; and
WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of Solid Waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); and
WHEREAS, City has not and, by this Agreement does not, instruct Contractor on its collection methods, nor supervise the collection of waste; and WHEREAS, Contractor has represented and warranted to City that it has the experience, responsibility and qualifications to arrange with residents, and commercial, industrial, institutional and other entities in the City for the collection and safe transport of Solid Waste to the materials recovery and disposal facilities designated herein, and in reliance thereon, the City Council determines and finds that the public interest, health, safety and well-being would be best served if Contractor were to make independent arrangements with residents and other entities to perform these services; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. INTRODUCTORY PROVISIONS
1.1 DEFINITIONS
Whenever any term used in this Agreement has been defined by the City of Colfax Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code ("PRC"), the definitions in the City of Colfax Municipal Code or PRC shall apply unless the term is otherwise defined in this Agreement. (For terms not defined in this Agreement, to the extent that definitions contained in the City Code conflict with definitions in the PRC, the former shall control and govern the rights and obligations of 1 Item 2C146
the parties hereunder; provided, however, that should the PRC's definitions be made obligatory by the state legislature on the City, then the conflicting PRC definitions shall apply.)
AB 939. "AB 939" shall mean the California Integrated Waste Management Act of 1989, Public Resources Code Section 40000 et seq., as it may be amended from time to time.
Affiliate. "Affiliate" means any of the Contractor's officers, directors or shareholders, and any corporation, partnership, joint venture or other entity directly or indirectly controlling the Contractor, or directly or indirectly owned or controlled by the Contractor or its officers, directors or shareholders.
Applicable Law. "Applicable Law" means all applicable federal, state and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental authority having jurisdiction, including Environmental Laws, that are in force on the Commencement Date and as they may be enacted, issued or amended during the term of this Agreement.
Bulky Waste. "Bulky Waste" means large items of Solid Waste, such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes. Bulky Waste does not include waste that has been placed in a bin or drop box.
CalRecycle. "CaIRecycle" means the California Department of Resources Recycling and Recovery, or its successor.
Carts. "Carts" means Toter brand or equivalent carts with 32-, 64-or 96-gallon capacity, colored black or grey for Solid Waste or green for Green Waste.
City. "City" means the City of Colfax, a California municipal corporation.
City Council. "City Council" means the City Council of the City of Colfax.
City Manager. "City Manager" means the City Manager of the City of Colfax or his or her designee.
Commencement Date. "Commencement Date" means July 14, 2016.
Commercial Premises. "Commercial Premises" means all premises within the Franchise Area used for commercial, institutional, non-profit and/or industrial purposes.
Contractor. "Contractor" shall mean Recology Auburn Placer, a California corporation, and shall also mean any assignee, transferee or successor in interest of said corporation.
Disposal Fees. "Disposal Fees" means any and all fees or charges payable by Contractor for the disposal and/or processing of Solid Waste collected pursuant to this Agreement. As of the Commencement Date, because Contractor is required to deliver all Solid Waste and Green Waste collected pursuant to this Agreement to the Landfill and/or Materials Recovery Facility, and because the Western Placer Waste Management Authority currently owns such facilities, all Disposal Fees and Processing 2 Item 2C147
Fees shall initially be paid by Contractor to the Western Placer Waste Management Authority.
Environmental Law. "Environmental Law" means all applicable laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental agency governing Solid Waste, Hazardous Waste or Hazardous Materials, including, without limitation, AS 939 and CERCLA, that are in force on the Commencement Date and as they may be enacted, issued or amended during the Term of this Agreement.
Franchise Area. "Franchise Area" shall mean the entire area within the boundaries of the City of Colfax city limits as of the Commencement Date, as they may thereafter be changed by reason of annexation or de-annexation.
Franchise Fee. "Franchise Fee" means the fee imposed by the City on Contractor pursuant to Section 4.2.
Green Waste. "Green Waste" means organic material from trees, shrubs, grass and other vegetation, including without limitation lawn clippings, leaves and small branches.
Green Waste does not include plastic bags, bricks, rocks, gravel, large quantities of dirt, concrete, sod, non-organic wastes, loose fruits and vegetables, tree trunks, stumps, palm fronds, branches more than six inches in diameter or three feet in length, or pet waste.
Gross Revenue. "Gross Revenue"_means all revenue amounts from the provision of collection services pursuant to this Agreement, that is recognized by the Contractor in accordance with Generally Accepted Accounting Principles (GAAP), provided, however, the term Gross Revenue, shall not include (i) any revenues generated from the sale of Recyclable Material, or from late fees or similar finance charges, (ii) any amount collected in respect to the Refuse Disposal Surcharge or any other surcharge imposed by a governmental entity, or (iii) any receipts from state and local government accounts (e.g. grants, cash awards and rebates) relating to the performance of this Agreement.
Hazardous Waste or Materials. "Hazardous Waste" or "Hazardous Materials" means any and all of the following:
Wastes, materials or substances defined or characterized as Hazardous Waste by the Federal Solid Waste Disposal Act, as amended, including RCRA (42 U.S.C. Section 6901, et seq.) as amended from time to time, or regulations promulgated thereunder; Waste, materials or substances defined or characterized from time to time as Hazardous Waste by the principal agencies of the State of California (including, without limitation, the Department of Health Services, the Department of Toxic Substances Control, the California Water Resources Control Board, and CalRecycle) having jurisdiction over Hazardous Waste generated by facilities within the State, and pursuant to any other applicable governmental regulations;
3 Item 2C148
Wastes, materials or substances, the storage, treatment, transportation or disposal of which is subject to regulation under the Toxic Substances Control Act, 15 U.S.C. §2601- 2654, as amended from time to time, or regulations promulgated thereunder; Radioactive Wastes, materials, substances or items, the storage, treatment, transportation or disposal of which is subject to governmental regulations; and Wastes, materials, substances or items that contain polychlorinated biphenyls.
The terms "Hazardous Waste" and "Hazardous Materials" will be construed to have the broader, more encompassing definition where a conflict exists in the definitions employed by two or more governmental entities having concurrent or overlapping jurisdiction over Hazardous Waste.
Landfill. "Landfill" means the Western Regional Sanitary Landfill owned by the Western Placer Waste Management Authority and located at 3033 Fiddyment Rd. in unincorporated Placer County.
Legal Holiday. "Legal Holiday" means the following legal holidays: Thanksgiving, Christmas, New Year's Day and any other legal holiday observed by the Landfill or the Materials Recovery Facility.
Materials Recovery Facility. "Materials Recovery Facility" means the Western Placer Waste Management Authority materials recovery facility located at 3033 Fiddyment Rd. in unincorporated Placer County.
Maximum Rates. "Maximum Rates" means the maximum rates that Contractor is permitted to charge customers for providing the services described in Section 2.
Medical Waste. "Medical Waste" means Solid Waste or other materials, substances or items which may be reasonably considered infectious, pathological or biohazardous, originating from hospitals, public or private medical clinics, departments of research laboratories, pharmaceutical industries, blood banks, forensic medical departments, medical offices, mortuaries, veterinary facilities and other similar facilities, and includes, without limitation, medical equipment, instruments, utensils, fomites, and laboratory waste (including pathological specimens and fomites attendant thereto); surgical facilities, equipment, bedding and utensils (including pathological specimens and disposal fomites attendant thereto); sharps (hypodermic needles, syringes, etc.), dialysis unit waste, chemotherapeutic waste, animal carcasses, offal and body parts, biological materials (vaccines, medicines, etc.), and other similar materials, but excluding any such waste which is determined by evidence reasonably satisfactory to the Contractor to be or to have been rendered non-infectious, non-pathological and nonbiohazardous.
Multi-Family Units. "Multi-Family Units" shall mean a dwelling which includes three or more individual living units.
Operating Year. The Operating Year under this Agreement shall begin on July 1 of each calendar year and end at midnight on June 30 of the following year. 4 Item 2C149
Organic Waste "Organic Waste" means food waste, green waste, landscape & pruning waste, nonhazardous wood waste, and food-soiled paper that is mixed in with food waste.
Person. "Person" means any individual, corporation, partnership, joint venture, limited liability company, trust or other legal entity.
Processing Fees. "Processing Fees" means any and all fees or charges payable by Contractor for the processing of Green Waste collected pursuant to this Agreement.
Recyclables or Recyclable Material. "Recyclables" or "Recyclable Material" means discarded materials which could be reused or processed, or are in the future reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. The terms "Recyclables" or "Recyclable Material" include transformable and compostable materials. The terms "Recyclables" or "Recyclable Material" include paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HOPE, and other plastics, beverage containers, compostable materials, brick and stone in reusable size and condition, and such other materials reasonably designated as Recyclables by the City Councilor the Director of Community Services, or designated as Recyclables by CalRecycle, or other agency with jurisdiction.
Recycling and Recycled. "Recycling" and "Recycled" refers to processing, cleansing, treating, and reconstituting materials that would otherwise become or remain Solid Waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products or biomass that qualifies for diversion credit by CalRecycle. "Recycling" also refers to the processing and beneficial reuse of materials, to the extent that the beneficial reuse of these materials qualifies for diversion credit by CalRecycle. "Recycling" does not include "transformation," which is defined in PRC Section 40201.
Single-Family Unit. "Single-Family Unit" means a dwelling which includes one or two individual living units.
Solid Waste. "Solid Waste" means all putrescible and non-putrescible solid, semi-solid, and liquid wastes, including residential, industrial, commercial and municipal garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, discarded home and industrial appliances, Recyclable Materials, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes; but excludes Hazardous Wastes, Special Wastes and Medical Wastes.
Solid Waste Program Manager. "Solid Waste Program Manager" means the City Manager or his or her designee.
Special Waste. "Special Waste" means any designated wastes, as defined in 23 California Code of Regulations §2522, and special handling waste generated by industrial facilities or processes, but shall not include "Hazardous Waste" as defined herein. Special Wastes include: asbestos, sewage sludge, water treatment sludge, drilling muds, grease wastes, contaminated soils, shredder waste, agricultural wastes, 5 Item 2C150
filter cake/de-watered sludge, spent catalyst fines, refinery ash and by-products; except where any such wastes are deemed to be Hazardous Waste.
Term. "Term" means the term of this Agreement, as described in Section 1.3 below.
Universal Waste. "Universal Waste" means electronics related waste including household batteries, automotive batteries, mercury thermometers, fluorescent lamps and electronic devices including televisions and computer monitors, computers, printers, VCRs, cell phones, telephones, radios, portable DVD players with video screens, and microwave ovens; but does not include large appliances.
1.2 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR
Contractor hereby makes the following representations and warranties for the benefit of City as of the Commencement Date:
1.2.1 Contractor is duly organized and validly existing as a corporation in good standing under the laws of the state of its incorporation and is qualified to do business in the State of California, with full legal right and power to enter into and perform its obligations under this Agreement.
1.2.2 Contractor has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement by all necessary and proper action by its Board of Directors and shareholders, as necessary.
1.2.3 The Persons signing this Agreement on behalf of Contractor have been authorized by Contractor to do so, and this Agreement has been duly executed and delivered by Contractor in accordance with the authorization of its Board of Directors and shareholders, as necessary, and constitutes a legal, valid and binding obligation of Contractor enforceable against Contractor in accordance with its terms.
1.2.4 Neither the execution and delivery by Contractor of this Agreement, nor the performance by Contractor of its obligations hereunder:
(a) conflicts with, violates or will result in a violation of any existing Applicable Law;
(b) conflicts with, violates or will result in a breach or default under any term or condition of any valid and existing judgment, order or decree of any court, administrative agency or other governmental authority, or of any existing agreement or instrument, to which either Contractor is a party or by which either Contractor or any of its properties or assets is bound; or (c) will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of 6 Item 2C151
Contractor which will interfere materially with Contractor's performance hereunder.
1.2.5 There is no action, suit, proceeding or, to the best of Contractor's knowledge, investigation, at law or equity, before or by any court or governmental entity, pending or threatened against Contractor or otherwise affecting Contractor, wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely affect Contractor's performance hereunder, or which, in any way, would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Contractor.
1.2.6 Contractor has sufficient financial resources to perform all aspects of its obligations hereunder.
1.2.7 Contractor has the expert, professional, and technical capability to perform all of its obligations under this Agreement.
1.2.8 Contractor has made an independent investigation (satisfactory to it) of the conditions and circumstances surrounding this Agreement and the work to be performed by Contractor under this Agreement, and enters into this Agreement on the basis of that independent investigation.
1.3 TERM
1.3.1 Base Term of Agreement. The base term of this Agreement shall commence on the Commencement Date and terminate on July 14, 2036.
1.3.2 Automatic Extension. The Term of this Agreement shall automatically be extended for an additional five years, so as to terminate on July 14, 2041, unless Contractor is in material breach of this Agreement upon the expiration of the base term, or one of the parties has timely requested termination of this Agreement on July 14, 2036. To make such request timely, notice of termination of the Agreement must be provided in writing to the other party on or before 5:00 pm on December 31, 2035.
1.3.3 Optional Extension. If the Term has been automatically extended pursuant to Section 1.3.2, then City and Contractor may extend the Term for an additional five (5) years, so as to terminate on July 14, 2046, by mutual consent in writing at least sixty days prior to the expiration date of the automatic extension. Contractor acknowledges that any such extension must be approved by the City Council to become effective.
1.3.4 No Prohibition On Amendments. Nothing herein shall be construed to prohibit amendments to Contractor's scope of work at any time during the Term of this Agreement, by mutual consent of the parties.
2. FRANCHISE SCOPE, SERVICES AND PROGRAMS
2.1 GRANT OF FRANCHISE
2.1.1 Grant of Franchise. City hereby grants to Contractor, for the Term of and subject to the terms and conditions of this Agreement, the exclusive privilege and right 7 Item 2C152
to collect, transport and remove for disposal and/or processing all Solid Waste and Green Waste generated or accumulated at all Single-Family Units, Multi-Family Units and Commercial Premises or otherwise within the Franchise Area, including for the avoidance of doubt and without limitation all Recyclable Materials, construction and demolition debris and debris box services, and to do so by making and entering into independent arrangements with residents, owners and/or other Persons in charge of Single-Family Units, Multi-Family Units and Commercial Premises, provided, however, that said franchise shall be a non-exclusive franchise with respect to Recyclable Materials that meet all of the following requirements:
(a) The Recyclable Materials must be generated on Commercial Premises by a commercial, institutional, non-profit and/or industrial enterprise in the conduct of its own business; and
(b) The generator of such Recyclable Materials must be paid by or must otherwise receive a net positive consideration, directly or indirectly, from the collector of such Recyclable Materials in respect of such Recyclable Materials, taking into account all amounts received by the generator in respect of such Recyclable Materials, as well as all amounts paid by the generator in respect of such Recyclable Materials, including, without limitation, hauling fees, equipment rental charges, management fees, logistics fees, and all other amounts, however denominated and to whomever paid; and
(c) The Recyclable Materials must be separated on an item-by-item basis from non-Recyclable Solid Waste, and held in an authorized container, by the generator of such Recyclable Materials, before collection and transportation.
The extent of this grant of franchise shall be subject to any limitations imposed by Applicable Law.
2.1.2 Donation of Recyclables. This Agreement is not intended to and does not affect or limit the right of any Person to donate or give away any Recyclable Materials generated by such Person to any charitable organization (provided the generator does not pay a net consideration to the recipient of such materials for the collection, transportation, removal, resale, handling or processing of such Recyclable Materials) and further provided that all such Recyclable Materials are separated from Solid Waste on an item-by-item basis from non-Recyclable Solid Waste by the generator.
2.1.3 Acceptance of Franchise. Contractor agrees to be bound by and comply with all the Solid Waste collection requirements of this Agreement.
2.1.4 Exceptions to Exclusivity. The exclusive privilege granted by this Agreement shall not apply:
(a) Where the owner or operator of a Single-Family Unit, a Multi-Family Unit or a Commercial Premises engages a gardening, landscaping or tree trimming contractor and such contractor, as an incidental part of a comprehensive service provided by such contractor, rather than as a hauling service, removes garden waste generated at such premises in connection with 8 Item 2C153
such service, using the contractor's own vehicles and employees, and arranges for the disposal and/or Recycling of such garden waste in accordance with Applicable Law; or
(b) To any State agency or department, including but not limited to school districts.
2.1.5 Enforcement of Exclusivity of Franchise. The City may, in its sole discretion, enforce the exclusivity provisions of this franchise against third party violators, taking into account the cost of doing so and other factors. Contractor may independently enforce the exclusivity provision of this Agreement against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor. The City shall not be liable to Contractor in any manner, including for any costs or damages such as lost revenues or lost profits, should any person or entity refuse to use Contractor's Solid Waste collection services and/or perform collection services in competition with Contractor, and in doing so violates the exclusive grant of franchise given to Contractor in this Agreement, except to the extent that any such conduct results from the City's actions.
2.2 COLLECTION SERVICES PROVIDED BY CONTRACTOR2.2.1 Solid Waste Collection Services Frequency. To protect the public health and safety, the arrangements made by Contractor with its customers in the Franchise Area for the collection of Solid Waste, shall provide for the collection of all such waste generated or accumulated in residential, commercial, institutional and industrial premises within the Franchise Area at least once per week, except as otherwise required or permitted by Chapter 8.20 of the Colfax Municipal Code
(a) Single-Family Units. The Contractor shall collect from all SingleFamily Units Solid Waste (except Bulky Waste) which has been placed, kept or accumulated in Contractor-provided Carts, on a weekly basis, or more frequently if required by Chapter 8.20(J) of the Colfax Municipal Code. Contractor shall give Single-Family Unit customers a minimum of two (2) weeks advance written notice of any proposed change in a customer's regular collection day, except for temporary changes due to weather or similar transitory conditions. (b) Multi-Family Units. Contractor shall collect from all Multi-Family Units Solid Waste (except Bulky Waste) which has been placed, kept or accumulated in Solid Waste containers authorized by Contr~ctor, not less often than once per week, except as otherwise required or permitted by Chapter 8.20 of the City Code.
(c) Commercial. Contractor shall collect from all Commercial Premises Solid Waste (except Bulky Waste) which has been placed, kept or accumulated in Solid Waste containers authorized by Contractor, not less often than once per week, except as otherwise required or permitted by Chapter 8.20 of the City Code.
9 Item 2C154
(d) Debris Boxes. Contractor shall provide Single-Family Units, MultiFamily Units and Commercial Premises with debris box service upon the customer's request at rates not exceeding those set forth on Exhibit A. The collection schedule may be less often than once per week where the debris box contains only inert (non-putrescible) waste materials and the City Municipal Code permits.
(e) Bulky Waste. Notwithstanding any other provision of this Agreement, (i) Contractor shall not be required to remove items of a size, weight, and bulk (such as automobiles) from the premises of any customer which are not capable of being removed with the regular equipment and manpower employed by Contractor, and (ii) Contractor will not be required to remove waste building material and other rubbish resulting from the construction, alteration or repair of buildings, housemoving or demolition, unless the customer has made independent arrangements with Contractor for debris box service.
Notwithstanding any other provision of this Agreement, Contractor shall not be required to collect Solid Waste from any Person who has been granted an exception from the mandatory subscription requirement set forth in Section 8.20.020 of the City Code.
2.2.2 Recyclable Materials and Green Waste Collection Services. The Contractor is responsible for maintaining the following levels of service for sourceseparation programs and Recycling education:
(a) Green Waste Collection Program. Contractor shall offer weekly curbside collection of Green Waste by subscription to Single-Family Units, MultiFamily Units and Commercial Premises in City that concurrently subscribe for Solid Waste collection service from Contractor. Contractor shall offer collection of Green Waste from 32-, 64 and 96-gallon Carts, as subscribed for by the customer.
(b) Commercial Cardboard and Office Paper Collection Program. Upon the customer's request, Contractor shall provide an appropriately sized bin for the . separate collection of cardboard and office paper to any Commercial Premises in City that concurrently subscribes for Solid Waste collection service from Contractor and that generates one cubic yard or more of cardboard and office paper per month. Collection frequency shall be at the discretion of the Contractor or within 48 business hours of notification by the customer that the bin is full. The service shall be at no additional charge, except that the customer shall be responsible for payment of a one-time set-up charge. Contractor shall provide the customer a fact sheet describing what types of cardboard and paper are acceptable for placement in the bin. Contractor may discontinue this service to any customer that repeatedly discards unacceptable materials in the bin. (c) Commercial Organic Collection Program Contractor shall offer at a minimum weekly service of Organic Waste by subscription to Multifamily Units, and Commercial Premises in the City that concurrently subscribe for Solid Waste 10 Item 2C155
collection services from Contractor at no cost to the subscriber. Contractor shall provide the service in a manner that maintains the Public Health & Safety of the community.
(d) Newspaper Drop-Off Bins. Up to five (5) bins for drop-off of newspaper shall be placed by Contractor in locations identified by City. Bins shall be of sufficient size to prevent overflow of materials and shall be serviced and maintained by Contractor for use by the general public. Contractor may discontinue this service at a particular location if a substantial quantity of material other than newspapers is repeatedly discarded at such location, or if Contractor's bins are not reasonably secure. This service shall be at no charge to City.
2.2.3 Location of Waste Receptacles.
(a) Contractor shall not be required to collect Solid Waste, Organic Waste or Green Waste Carts from any location other than curbside, as set forth in Section B.20(E) of the City Code, unless the premises qualifies for the disability exception set forth in Section B.20(F) of the City Code. (b) Contractor shall not be required to collect bins or roll-off containers from any location other than a location mutually agreed to by Contractor and the customer that complies with Section B.20(G) of the City Code. The fire marshal's approval contemplated by such section shall be deemed given unless and until City notifies Contractor otherwise.
2.2.4 Extra Residential and Commercial Services.
(a) For an additional charge, Contractor shall collect from Residential Units Solid Waste or Green Waste placed in a bag or carton as provided in Section B.20(L) of the City Code, or bundled as provided in Section B.20(M) of the City Code, provided that such waste is set out on the customer's regular collection day next to such customer's Carts. For each such bag, carton or bundle so collected, Contractor shall be entitled to charge the customer an "extra bag fee," in addition to such customer's monthly rate, provided, however, that no "extra bag fee" will be charged for collection pursuant to Section 2.3.11 or collection of Recyclable Materials separated on an item-by-item basis from nonRecyclable Solid Waste and containing less than five percent (5%) nonRecyclable material that is placed in a Contractor-provided "blue bag" and set out on the customer's regular collection day next to such customer's Carts. (b) If a customer receiving bin service so requests, (i) Contractor shall provide the customer with a bin pickup on a day other than the customer's normal collection day, or (ii) Contractor shall allow the customer to reload a bin and Contractor shall pick up the bin a second time on the customer's normal collection day. In each case, Contractor shall be entitled to charge an "extra empty fee" to the customer for this service, in addition to the customer's monthly rate.
2.2.5 Sanitation Requirements.
11 Item 2C156
(a) Contractor shall not litter any premises or public property in making collections of waste, nor shall any fluids, waste or leachate be allowed to leak, blow or fall from collection vehicles. However, if in spite of normal precautions against spillage, fluids, litter or leachate spills or leaks on any premises or public property, Contractor shall immediately remove the same and clean up the area of spillage. With respect to spillage or leakage of hydraulic fluid, motor oil, or similar fluids, removal and cleanup of the area of spillage or leakage means application of absorbents to mitigate the effects of the spillage or leakage, and does not include removing any stain that may remain after such absorbents have been applied.
(b) Contractor shall, without delay, after removing waste from any container, replace the container in its designated position with its cover on.
Contractor shall repair or replace, at its expense, any containers damaged as a result of Contractor's handling thereof, normal wear and tear excepted. (c) The Contractor shall not permit containers to be thrown from its trucks to the pavement or parkway, nor in any other way permit damage to occur to containers by Contractor's rough or improper handling thereof, normal wear and tear excepted.
(d) Contractor shall close all gates opened by Contractor after making collections, and shall avoid crossing private or public planted areas and climbing or jumping over hedges and fences.
2.2.6 Hours of Collection. Contractor agrees that, in order to protect the peace and quiet of residents, its arrangements for the collection of Solid Waste and Green Waste will provide that collections for residential areas, and for those portions of commercial districts within 50 feet of residential areas, shall not start before 5:00 A.M. or continue after 6:00 P.M., Monday through Friday, or 8:00 A.M. to 6:00 P.M. on Saturday and Sunday, of each week. Contractor's personnel shall make all collections in a quiet and orderly manner and shall incorporate reasonable noise control features in equipment used by Contractor as may be reasonably requested by City. Contractor agrees to reasonably adjust the hours of commencement of collection operations in selected areas at the request of City where early collection activities have generated numerous complaints from nearby residents.
2.2.7 Collection on Holidays. If a customer's regularly scheduled collection day falls on a Legal Holiday, Contractor may provide collection service to such customer on the work day next following such holiday. If Contractor elects to adjust its collection schedule as stipulated herein, all subsequent collection days during that holiday week may be moved back one day in the discretion of Contractor, after Contractor has provided advance written notification to the customers affected by the adjustment.
2.2.8 Medical. Hazardous and Special Wastes. Contractor shall have the non-exclusive right under this franchise, but is not obligated to, collect, transport and dispose of material defined as Hazardous Waste or Special Waste herein. Except for services expressly provided for under this Agreement, if and to the extent Contractor 12 Item 2C157
exercises such right, Contractor shall negotiate separate contracts and rates for Hazardous and Special Waste collection with each individual customer, which rates shall not require advance City approval, but may be reviewed by the City in its discretion at the request of any customer. Contractor shall not engage in the collection of Medical Waste except to the extent expressly provided in this Agreement; however, Contractor may form a separate and independent company to engage in the collection and disposal of Medical Waste. City reserves the right to franchise other parties to perform Hazardous, Medical and Special Waste handling, provided that any such franchises shall be non-exclusive in the case of Medical Waste.
2.2.9 Special Collection Services. City reserves the right to issue a permit for providing special collection and disposal service to a customer if, upon request of the customer, the City determines that the waste generated by said customer or the proposed use or manner of disposal is of such a special nature that it cannot reasonably be collected or disposed of by the Contractor under the terms of this Agreement.
2.2.10 Routes and Changes. Subject to the limitations in this section, the Contractor shall be required to provide Solid Waste and Green Waste collection service to customers only on City-maintained roads, and on non-City maintained private roads that are in a safe and good traveling condition.
(a) Customers whose parcels are not along roads that meet the above standard and who are not receiving curbside collection service from Contractor can make arrangements with Contractor for Contractor to bring their Carts (but not bins or roll-off containers) to a public road for collection by Contractor. (b) In the event any road is unsafe or in such a state of disrepair that such will be either hazardous or potentially cause injury to the vehicles of Contractor, Contractor shall not be required to provide service to customers on said road.
(c) Upon request by City, Contractor shall provide City a list of customers in the Franchise Area including name, address, route, level of service, and day of collection service. Before any change in the collection schedule on the various routes throughout the Franchise Area is made by the Contractor, Contractor shall obtain the written approval of the City at least two (2) weeks days in advance of such change in the collection schedule. Contractor shall, at its own expense, notify the customers affected by such change in the collection schedule, at least two (2) weeks before such change becomes effective.
2.2.11 Non-Collection Tags. Contractor shall not be required to collect Solid Waste, Organic Waste or Green Waste for any of the following reasons: (i) setout not in compliance with the City Code; (ii) setout otherwise improper (e.g., not in compliance with Sections 2.2.4(a) or (b), container lid not fully closed, etc.); (iii) overweight container; (iv) Contractor reasonably believes that the container contains Hazardous Waste, Medical Waste or Special Waste; or (v) Contractor reasonably believes that a Green Waste or Organic Waste container contains 5% or more of materials not comprising Green Waste or Organic Waste. When Solid Waste, Organic Waste, or 13 Item 2C158
Green Waste is not collected from a customer for any of the above reasons, Contractor shall immediately attach a tag to the container not so collected (if accessible to Contractor) which clearly identifies the reasons for such non-collection. If, after Contractor has placed a non-collection tag on a customer's container, the customer requests that Contractor return to collect the container (properly set-out, and with any contamination removed), then Contractor shall collect such container within one business day of the customer's request, and shall be entitled to charge the customer the "extra empty fee" referred to in Section 2.2.5(b).
2.3 ADDITIONAL OPERATIONS AND SERVICES; MARKETING OF
RECYCLABLE MATERIALS; TRANSFER AND DISPOSAL
2.3.1 Street Sweeping. Contractor shall at no charge to City provide street sweeping service to City as specified in this section. Street sweeping shall include the proper permanent disposal of the sweeper contents at the Landfill. Contractor shall sweep all the streets set forth in Exhibit C on the first Thursday of each month, provided that such streets are paved and are in such a condition that Contractor can reasonably service them without risk to persons or property. Streets that are in poor condition may be serviced with the vacuum function of the equipment only. Contractor shall furnish all labor, material and equipment necessary for street sweeping and the proper permanent disposal of the sweeper contents. Contractor shall be the exclusive provider of street sweeping service within the Franchise Area. City and Contractor shall cooperate to provide reasonable notice, on an ongoing basis, to City's residents of street sweeping days and routes so that the number of cars and other obstacles in the street that might hinder the street sweeping may be minimized. Contractor shall not be responsible for sweeping portions of streets that are blocked or covered by cars or other obstacles.
2.3.2 Public Facilities. The Collector shall where necessary provide bins for, and shall collect refuse at least once each week without charge from, those City-owned facilities listed on Exhibit B.
2.3.3 Universal Waste Program. Contractor shall at no additional charge collect Universal Waste once per month at the curbside for residential customers who call in advance to request the service. Universal Waste will be transported to Contractor's Shale Ridge Road facility, the Material Recovery Facility, or another appropriate facility for processing and recycling.
2.3.4 Cooking Oil Program. Contractor shall at no additional charge collect used cooking oil once per month at the curbside for residential customers who call in advance to request the service. The oil must be placed for collection in an appropriate container, such as a plastic one-gallon milk jug, that has been securely closed to prevent leakage or spillage. Used cooking oil will be transported to Contractor's Shale Ridge Road facility, the Material Recovery Facility, or another appropriate facility for processing and recycling.
2.3.5 Motor Oil, Oil Filter, and Antifreeze Program. Contractor shall at no additional charge collect used engine oil, oil filters, and antifreeze once per month at the curbside for residential customers who call in advance to request the service. The fluids 14 Item 2C159
and filters must be placed for collection in an appropriate container that has been securely closed to prevent leakage or spillage. The fluids and filters will be transported to Contractor's Shale Ridge Road facility, the Material Recovery Facility, or another appropriate facility for processing and recycling.
2.3.6 Battery Drop-Off Program. Contractor shall permit Colfax residents and business to drop off used household and car batteries at no charge at Contractor's Shale Ridge Road facility during the facility's regular opening hours (which are currently seven days per week, 8:00 AM to 4:45 PM, except Thanksgiving Day, Christmas Day and New Year's Day). In addition, Contractor will partner with businesses in Colfax to provide drop-off areas in convenient locations such as grocery stores. Contractor will arrange for a minimum of 10 such drop-off locations and will pick up batteries and deliver them to the household hazardous waste facility at the Material Recovery Facility, Contractor's Transfer Station in Auburn, or another appropriate facility.
2.3.7 Special Events. Contractor shall provide Solid Waste collection service for each of the special events listed on Exhibit B once per year at no charge to City. Such service shall consist of provision of containers of the sizes and for the dates specified on Exhibit B, and disposal of their contents at the end of the event.
2.3.8 Emergency Services.
(a) Emergency Street Sweeping. Emergency street sweeping will be provided at a reasonable frequency on an on-call basis at City's request and at no charge to City.
Currently, phone numbers of key Contractor employees are in possession of Colfax staff for emergency purposes.
(b) Emergency Dead Animal Pickup. Contractor shall provide equipment and personnel for pickup of dead animals not larger than a deer from public rights of way and transport of the same to the Placer County Animal Shelter in Auburn or other appropriate facility. This service shall be provided at a reasonable frequency on an oncall basis at City's request and at no charge to City.
2.3.9 Sharps Drop-Off Program. Contractor shall permit Colfax residents and business to drop off sharps at no charge at Contractor's Shale Ridge Road facility during the facility's regular opening hours.
2.3.10 Motor Oil Drop-Off Program. Contractor shall permit Colfax residents and business to drop off used motor oil at no charge at Contractor's Shale Ridge Road facility during the facility's regular opening hours, subject to a stateimposed limit of five gallons per drop-off.
2.3.11 Annual Household Hazardous Waste Drop-Off Program. Subject to Contractor's negotiation of a commercially reasonable agreement with a third-party provider of household hazardous waste collection services (the "HHW Provider") reasonably acceptable to City, Contractor shall arrange for an HHW Provider to offer an annual one-day event at which Colfax residents may at no charge drop off household hazardous waste at a location in Colfax to be determined in collaboration with City. The HHW Provider shall transport the household hazardous waste so collected to an 15 Item 2C160
appropriate hazardous waste facility. Notwithstanding any other provIsion of this Agreement, the HHW Provider shall be solely responsible for all aspects of its activities, and Contractor shall have no liability with respect thereto. Contractor's sole obligation under this Section 2.3.1 shall be to use commercially reasonable efforts to arrange for an HHW Provider to provide the aforementioned services; under no circumstances shall Contractor be required to collect household hazardous waste itself, nor shall the HHW Provider be deemed a subcontractor of Contractor. Contractor shall be responsible for promoting the program via a banner at the City's desired location one (1) month prior to the scheduled event.
2.3.12 Annual Spring Clean-Up Program. Contractor shall offer a spring cleanup event for residential customers one day per year whereby Contractor will at no additional charge collect up to one cubic yard per residence of Solid Waste and Green Waste combined that is set out as described in Section 2.2.5(a). Contractor shall provide notice in the utility billing at least two (2) weeks prior to the scheduled event.
2.3.13 Annual Green Waste Clean-up Program. Contractor shall arrange for the collection of community green waste cuttings on an annual one-day event at which Colfax residents may at no charge drop off green waste cuttings at a location in Colfax to be determined in collaboration with City. The Contractor shall staff the event and transport the green waste material so collected to an appropriate recycling facility.
Notwithstanding any other provision of this Agreement, the Contractor shall be solely responsible for all aspects of its activities, and Contractor shall have no liability with respect thereto. Contractor shall provide notice in the utility billing at least two (2) weeks prior to the scheduled event.
2.4 DIRECTION OF DISPOSAL OF SOLID WASTE
Contractor shall deliver to the Materials Recovery Facility all Solid Waste, Organic Waste (after an initial transition period), and Green Waste collected by Contractor pursuant to this Agreement, without sorting or processing any of the same, except that Contractor may remove materials for Recycling purposes or to prevent damage to the Materials Recovery Facility or Contractor's equipment or vehicles.
Contractor may use one or more of its transfer stations to effect such deliveries.
2.5 HAZARDOUS WASTE SCREENING AND NOTIFICATIONS
2.5.1 Compliance With Hazardous Waste Laws. The parties hereto recognize that federal, state and local agencies with responsibility for defining Hazardous Waste and for regulating the collection, hauling or disposing of such substances, are continually providing new definitions, tests and regulations concerning these substances. Under this Agreement, it is Contractor's responsibility, directly or through its advisors, to keep current on the regulations regarding such substances, to identify such substances, and to comply with all federal, state, and to the extent not inconsistent with this Agreement, local regulations concerning such substances.
2.5.2 Notice to Agencies Regarding Toxics. Contractor has represented to City that Contractor will carry out its duties to notify all agencies with jurisdiction, including 16 Item 2C161
the California Department of Toxic Substances Control and local emergency response providers, and, if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed by Contractor in Solid Waste anywhere within the City, including on, in, under or about City's property, including streets, easements, rights of way and City's waste containers. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain reportable quantities of Hazardous Wastes unlawfully disposed of or released on City's property, including streets, storm drains, or public rights of way, Contractor will also immediately notify the Solid Waste Program Manager or his/her designee.
2.5.3 Inspection for Toxics. Contractor shall conduct a visual inspection, consistent with its normal operating procedures, of all Solid Wastes that it collects, transports and/or disposes pursuant to this Agreement for the purpose of discovering, identifying and refusing to collect, transport and dispose of Hazardous Wastes.
2.5.4 No Collection or Disposal of Hazardous Waste. Except as provided in Section 2.2.9, Contractor shall not collect, handle, process, transport, arrange for the transport of or dispose of Hazardous Waste.
2.6 COLLECTION EQUIPMENT
2.6.1 Vehicle Standards. Contractor warrants that it shall provide an adequate number of vehicles and equipment for the collection, transportation, and disposal services for which it is responsible under this Agreement. (a) All vehicles used by Contractor under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. (b) Solid Waste collection vehicles shall be washed such that they are maintained in a reasonably clean and sanitary condition. Contractor's name, telephone number and vehicle number shall be visibly displayed on its vehicles. (c) Loads shall be kept completely covered at a" times except when material is being loaded or unloaded, or when vehicles are in route or in the process of collection. Collection vehicles shall be designed and operated while in route in such a manner as to prevent mechanical fluids or Solid Waste, including leachate, from leaking, escaping or spilling. Any spillage of fluids or materials shall be immediately cleaned up by Contractor at Contractor's sole expense to the reasonable satisfaction of the City, and subject to Section 2.2.6(a). (d) The noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall be such that it does not unreasonably interfere with the quiet enjoyment of nearby properties.
17 Item 2C162
(e) The equipment of Contractor used under this Agreement shall be subject to inspection by City on a semi-annual basis but shall not be subject to any permit fees therefor.
2.6.2 Equipment List. Not more than once per year, upon City's request, Contractor shall provide the City a written list of all collection and transportation equipment (including trucks and containers) being used by Contractor within the Franchise Area, including make and model, age, mileage or hours of operation and type of vehicle.
2.6.3 Low Emissions Requirement. If changes in federal, state or local laws, including, but by no means limited to, the proposed California Air Resources Board Heavy Duty Engine Standards to be contained in CCR Title 13, Section 2020 et seq., and the Federal EPA's Highway Diesel Fuel Sulfur regulations, mandate that Contractor convert or retrofit its collection fleet to use the most cost-effective means to reduce air pollutant emissions, Contractor shall take all necessary steps to so comply, and shall be in full compliance with all other local, state and federal clean air requirements.
3. BILLING AND PAYMENT
3.1 CONTRACTOR BILLING
3.1.1 Billing For Services. Contractor shall bill all customers in the Franchise Area for collection and hauling services provided pursuant to this Agreement at rates not greater than the Maximum Rates set forth on Exhibit A, as adjusted from time to time in accordance with this Agreement. Contractor shall provide itemized bills, distinctly showing charges for all classifications of services provided to the customer, including the charges for late payments, where applicable.
3.1.2 Frequency. Billings must be made no less frequently than every quarter and may be mailed at the beginning of the billing period for all services to residential and commercial customers. If a customer not previously receiving collection service initiates service, the charges for collection service for the period between the commencement of service and the end of the then-applicable billing period shall be added to the next billing period.
3.1.3 Late Charges. All bills issued by Contractor pursuant to this Agreement shall be due and payable by customers upon receipt. A late charge of ten percent (10%) of the amount due shall be imposed on the first day of the third month following the date such bill was due and payable. In addition to such ten percent (10%) amount, an additional late charge of two percent (2%) per quarter of the amount due shall be imposed on the first day of the third month following the date such bill was due and payable, and on each billing due date thereafter, until there is payment in full of the amount due, plus all penalties.
3.2 LIEN PROCEDURE
3.2.1 On or before January 31 of each year, Contractor shall provide City with a listing of all accounts in the Franchise Area with bills more than 60 days past due 18 Item 2C163
("delinquent bills"), together with a formal request for the reimbursement of the same.
Such listing shall be in a form approved by City. The amount of a delinquent bill includes all late charges thereon.
3.2.2 On the first Monday in March of each year, City shall, with respect to each then delinquent bill, place a lien on the lot or parcel of land to which Contractor's services were rendered providing for payment in full of the delinquent bill, and shall record such lien with the county recorder. Upon such recording, Contractor shall return the delinquent portion of the customer's account to zero. If the amount of the delinquent bill is paid to City, City shall reimburse Contractor the total amount of the delinquent bill within 60 days of receipt of the same. Contractor shall credit or return to the customer any payments received from such customer after January 31 of each year with respect to delinquent bills.
3.2.3 This Section 3.2 shall survive the expiration or earlier termination of this Agreement until such time as Contractor has been reimbursed in full for all delinquent bills. For the avoidance of doubt, City shall continue to diligently perform its obligations under this Section 3.2 notwithstanding that one party may have notified the other of its intention to terminate this Agreement.
4. PAYMENTS AND RATES
4.1 FEES FOR PROVIDING COLLECTION SERVICES WITHIN THE FRANCHISE AREA
4.1.1 General. Contractor shall be entitled to set rates for all services provided pursuant to this Agreement, provided that such rates do not exceed the Maximum Rates set forth on Exhibit A, as adjusted from time to time pursuant to the terms of this Agreement. As of the Commencement Date, the Maximum Rates shall be as set forth on Exhibit A.
4.1.2 Rate Components. The Maximum Rates shall consist of three distinct rate components: (1) a "Service Cost" component, which reflects all costs incurred by Contractor (other than Disposal and Processing Fees) to perform the services required to be performed by it under this Agreement, and Contractor's profit, (2) a component that reflects Disposal Fees, and (3) a component that reflects Processing Fees.
4.1.3 Exclusive Compensation. Contractor shall obtain, supply and provide all labor, materials, vehicles, equipment, and all other things implied or reasonably necessary to render all of the services and perform all covenants described in this Agreement. The rates charged by Contractor in accordance with this Agreement shall be Contractor's sole and exclusive compensation for its services and performance under this Agreement, and Contractor shall not be entitled to any other compensation for such services and performance, except for r~venue from the sale of Recyclables and except as expressly provided for in this Agreement.
4.1.4 Annual Adjustment. The Maximum Rates shall be subject to annual adjustment, commencing on July 1, 2017 and each succeeding July 1 sl of each year 19 Item 2C164
thereafter during the remaining Term of this Agreement, using the methodology described in Section 4.5 below.
4.2 FRANCHISE FEE
Contractor shall pay to City a Franchise Fee (the "Franchise Fee") as consideration for the exclusive collection franchise granted hereunder. The Franchise Fee shall be ten percent (10%) and shall be calculated as one-eleventh (1/11th) of Contractor's Gross Revenue. The Franchise Fee shall be due and payable quarterly within forty-five (45) days following the end of each quarter. This Section 4.2 is subject to Section 5.6.3.
4.2.1 Franchise Fee Evaluation. An evaluation of Contractor's Franchise Fee payments (the "Franchise Fee Evaluation") may periodically be conducted at the Contractor's expense by an independent certified public accountant selected by the City not to exceed $7000 per evaluation and approved by the Contractor, such approval not to be unreasonably withheld. Each Franchise Fee Evaluation shall evaluate whether the Franchise Fees have been correctly calculated and paid to the City during the five calendar years immediately preceding the Franchise Fee Evaluation (the "Franchise Fee Evaluation Period"). If a Franchise Fee Evaluation shows that the Franchise Fees paid by Contractor to the City during a Franchise Fee Evaluation Period are less than an amount equal to ten percent (10%) of Contractor's Gross Revenue during that Franchise Fee Evaluation Period, then the Contractor shall, within forty-five (45) days after completion of the Franchise Fee Evaluation, pay the City an amount equal to the difference between an amount equal to ten percent (10%) of Contractor's Gross Revenue during the Franchise Fee Evaluation Period in question and the Franchise Fees paid by Contractor to the City during that same interval or the amount of any overpayment shall be deducted by Contractor from future Franchise Fee payments to the City. The evaluation may be conducted in calendar year 2021 (covering calendar years 2016-2020). Subsequent evaluations may be conducted once every (5) calendar years thereafter, in 2026, 2031, and 2036 (and if the Agreement is extended, 2041, and 2046). Franchise Fee evaluation shall be completed by March 31 of the calendar year in which they ar~ conducted.
4.3 EXTRAORDINARY CHANGES IN COSTS OR REVENUES
4.3.1 In the event that any change in (i) Applicable Law or Environmental Law, (ii) the boundaries of the Franchise Area, or (iii) the locations to which Contractor is required to transport Solid Waste or Green Waste collected pursuant to this Agreement occurs during the Term of this Agreement, and such change results in an increase or decrease in Contractor's costs of performing its obligations under this Agreement or in Contractor's revenues from this Agreement, then Contractor may apply to the City for an increase in Maximum Rates, or City may initiate proceedings to decrease Maximum Rates. The-moving party shall submit to the other party a thorough written explanation of the change, the unaccounted for increase or decrease in costs or revenues resulting from such change, and the adjustment in Maximum Rates that such party proposes, 20 Item 2C165
together with such other data and supporting documentation as may be reasonably required to substantiate such party's position.
4.3.2 If Contractor is the moving party, then, upon providing reasonable justification to City that such a change occurred and that it caused Contractor's costs to increase or its revenues to decrease, Contractor shall be entitled to an increase in Maximum Rates in an amount sufficient to cover all Contractor's reasonable increased costs (plus a 10% profit margin) or decreased revenues arising out of or relating to such change from the dates such increased costs or decreased revenues occurred. City shall use its best efforts to ensure that Maximum Rates are so increased within 60 days after Contractor submits its application.
4.3.3 If City is the moving party, then, upon providing reasonable justification to Contractor that such a change occurred and that it caused Contractor's costs to decrease or its revenues to increase, City shall be entitled to reduce Maximum Rates in an amount not greater than Contractor's reasonable decreased costs (plus a 10% profit margin) or increased revenues arising out of or relating to such change from the dates such decreased costs or increased revenues occurred. Contractor shall be entitled to at least 60 days' advance written notice and an opportunity to be heard by and present evidence to the City Council if the City initiates proceedings to reduce Maximum Rates hereunder.
4.4 ADJUSTMENTS FOR CHANGES IN SCOPE
If City wishes Contractor to change its services under this Agreement (including changes to enable City to comply with regulatory changes), or to provide new services, then City shall notify Contractor in writing, and the parties shall negotiate in good faith for a period of 60 days the terms of such new or changed services and the compensation payable to Contractor with respect to such new or changed services.
Contractor shall not be required to begin providing such new or changed services until the City Council has adopted Maximum Rates mutually agreed by City and Contractor to compensate Contractor for such new changed services, and such Maximum Rates have taken effect.
4.5 ANNUAL COLA ADJUSTMENT METHODOLOGY
The Service Cost component of each Maximum Rate shall be adjusted for a cost of living adjustment (COLA) effective on July 1 sl of each year during the Term of this Agreement for the succeeding Operating Year, commencing July 1, 2017. Contractor shall submit its calculation of the COLA to City on or before May 1 of each year.
The COLA shall be determined as follows:
COLA = 0.10 + 0.45 x (ECIi/ECIO) + 0.45 x (PPli/PPIO)
OY = Operating Year commencing each July 1st and ending the subsequent June 30th •
21 Item 2C166
ECli = Employment Cost Index, Wages and Salaries, Private Industry, Manufacturing; Production, Transportation, and Material Moving Occupations, Not Seasonally Adjusted (Series ID: CIU2023000S000001) as published by the United States Department of Labor, Bureau of Labor Statistics for the fourth quarter of the prior calendar year to the year the adjustment is to be made (e.g., adjustment for July 1, 2017 (OY 17/18) will utilize statistics from the fourth quarter of 2016).
ECIO = Employment Cost Index, Wages and Salaries, Private Industry, Manufacturing; Production, Transportation, and Material Moving Occupations, Not Seasonally Adjusted (Series ID: CIU2023000S000001) as published by the United States Department of Labor, Bureau of Labor Statistics for ·the fourth quarter of the calendar year two years prior to the year the adjustment is to be made (e.g., adjustment for July 1, 2017 (OY 17/18) will utilize statistics from the fourth quarter of 201S).
PPIi = The Producer Price Index, All Commodities, Not Seasonally Adjusted (Series ID: WPUOOOOOOOO) as published by the United States Department of Labor, Bureau of Labor Statistics for the month of December of the prior Operating Year to the year the adjustment is to be made (e.g., adjustment for July 1, 2017 (OY 17/18) will utilize statistics from December, 2016).
PPIO = The Producer Price Index, All Commodities, Not Seasonally Adjusted (Series ID: WPUOOOOOOOO) as published by the United States Department of Labor, Bureau of Labor Statistics for the month of December of the Operating Year two years prior to the year the adjustment is to be made (e.g., adjustment for July 1, 2017 (OY 17/18) will utilize statistics from December, 201S).
In the event any of these indices are no longer published, the parties shall confer in good faith to select an alternative index and shall confirm their agreement on a substitute index in writing. If the parties are unable to agree on a substitute index, either party may submit the selection of the substitute index to binding arbitration before a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. All percentages shall be computed to the third decimal place and the change in the Maximum Rates shall be calculated to the nearest cent ($.01).
The COLA applied to the Maximum Rates in any given year shall not under any circumstances exceed four percent (4%). If the COLA as calculated using the foregoing formula exceeds four percent (4%) for a given year, the percentage by which the COLA exceeds four percent in that year shall be carried forward and added onto the next year's COLA percentage resulting from the formula if it is below four percent; provided that the resulting COLA for the following year shall not exceed four percent (4%). There shall be no carry forward of unused COLA percentage increases to a third consecutive year. By way of example, if the COLA for the first year is 4.3%, then .3% shall be carried forward to the second year. If the COLA for the following year as calculated using the formula is 3.8%, then the COLA as applied to Contractor rates and fees in the second year shall be increased to 4.0%, and the remaining 0.1 % of the prior year's COLA increase shall not be carried forward to the third year. 22 Item 2C167
If the COLA calculated using the foregoing formula is negative for a given year, Maximum Rates shall not be COLA-adjusted for that year.
4.6 ADJUSTMENT OF DISPOSAL AND PROCESSING FEES
The initial Disposal and Processing Fee components of each Maximum Rate are based on the current per-ton Disposal and Processing Fees, which are set forth on Exhibit A. In the event of a change in the Disposal Fee, the Disposal Fee component of each Maximum Rate shall be increased or decreased, as the case may be, by the percentage increase or decrease in the Disposal Fee. In the event of a change in the Processing Fee, the Processing Fee component of each Maximum Rate shall be increased or decreased, as the case may be, by the percentage increase or decrease in the Processing Fee. A" such adjustments shall take effect as of the effective date of the underlying change to the Disposal or Processing Fee. If a change to the Disposal or Processing Fee occurs before Maximum Rates can be adjusted, Contractor shall be entitled to factor any increased costs incurred as a result of the delay into the Maximum Rate adjustment made pursuant to this Section 4.6.
Either party may initiate proceedings to adjust Maximum Rates pl,Jrsuant to this Section 4.6. The moving party shall submit to the other party a written description of the change in Disposal or Processing Fees, reasonable documentation evidencing the change, and the moving party's calculations of the adjustment in Maximum Rates (and in the Disposal or Processing Fee component thereof) resulting from the change. Upon provision of such information and documentation, and confirmation of the correctness of such calculations, the moving party shall be entitled to the adjustment contemplated by this section. City shall use its best efforts to ensure that any increase in Maximum Rates under this section occurs within 60 days after Contractor submits its application therefor.
If City initiates proceedings to reduce Maximum Rate hereunder, Contractor shall be entitled to at least 60 days' advance written notice and an opportunity to be heard by and present evidence to the City Council.
4.7 DELAY IN RATE ADJUSTMENTS
If City does not cause a Maximum Rate adjustment to which Contractor is entitled under this Agreement to take effect (i) on July 1, in the case of COLA adjustments, (ii) sixty (60) days after Contractor submits its application for such adjustment, in the case of adjustments pursuant to Section 4.3 or 4.6, or (iii) as provided in this Agreement, in the case of other adjustments, then, in addition to any other available remedies under this Agreement or at law, such adjustment shall be increased to account for the shortfall in revenues resulting from such delay, plus interest on the shortfall at the Wall Street Journal Prime Rate plus 2%, adjusted annually.
5. GENERAL PROVISIONS
5.1 RECORDS AND ACCOUNTING
5.1.1 Service Records. Contractor shall maintain a" records generated by it relating to the services provided hereunder, including, but not limited to, customer lists and records, billing records, route maps/route listings, AS 939 records, service records, 23 Item 2C168
operating statistics, and customer complaint records, for a period of five (5) years from the date of the generation of each such record, except that records of cu.stomer complaints need only be maintained for a period of twenty-four (24) months as provided in Section 5.4.2(b). The City or its agent(s) shall have the right, upon ten (10) business days advance written notice, to inspect all such records that reasonably relate to Contractor's compliance with the provisions of the Agreement. Such records shall be made available to City for inspection at Contractor's regular place of business during Contractor's regular business hours. City shall treat all information provided by Contractor pursuant to this paragraph as confidential information to the maximum extent permitted by Applicable Law, and such information shall not be used or disclosed by City · except as expressly authorized hereby. City shall not make or retain copies or photocopies containing information set forth in Contractor's confidential records without executing a confidentiality agreement acceptable to Contractor providing that City shall hold and keep such copies and photocopies confidential. The confidentiality agreement shall be negotiated in good faith between the City and Contractor.
5.1.2 Public Records. Nothing in this section will prevent City from allowing public access to City's records as provided for under the California Government Code, provided that City complies with this Section 5.1. If City receives a request under the California Public Records Act, or by subpoena, for any information made available to City under this Section 5.1, City shall provide five (5) days notice to Contractor before releasing the information, to permit Contractor to object to the release of the information requested or subpoenaed. If any dispute arises as to the disclosure of or public access to information provided by Contractor under the terms of this Agreement, the City shall disclose or provide public access to said information only after offering the defense of any claims made against the City for disclosure of or public access to said information to Contractor.
5.1.3 City Access to Customer Lists. Upon reasonable notice or as otherwise agreed herein, and at those times designated by the City, Contractor shall supply to the City lists of the names of all customers of Contractor who are provided any service by Contractor within the Franchise Area. At the same or other time, the City may request, and the Contractor shall provide, information specifying each customer's address, type of service provided to that customer, the number and type of authorized Solid Waste containers used by or provided to each customer, and whether the customer is delinquent in payments.
5.2 REPORTS
5.2.1 Annual Reports. Within one hundred and twenty (120) days after the end of each Operating Year, Contractor shall submit to the City a written annual report, in a form approved by City, including, but not limited to, the following information:
(a) A summary of the previous year's activities (or in the case of the initial year, the initial year's activities), including, but not limited to, services begun or discontinued during the Operating Year, and the number of customers for each class and level of service;
24 Item 2C169
(b)
Directors.
A list of Contractor's officers and members of its Board of
5.2.2 Other Information. Contractor shall submit to the City such other information or reports with respect to Contractor's performance of its obligations hereunder in such forms and at such times as the City may reasonably request. All reports and records required under this or any other section shall be furnished by the Contractor, and the expense therefor in the gathering and preparation of such information, reports and records shall be Contractor's. .
5.2.3 AB 939 Requirements. During the Term of this Agreement, Contractor shall submit to City semi-annually, or more often if required by law, information that Contractor is required by law or by the express terms of this Agreement to collect, and that is reasonably required by City to meet its reporting obligations imposed by AS 939, and the regulations implementing AB 939, in a manner approved by City. Contractor agrees to submit such reports and information in a format compatible with City's computers if reasonably requested by City.
5.2.4 Failure to Report. The refusal, failure or neglect of the Contractor to file any of the reports required hereunder, or to provide material information to City as required hereunder, or the intentional inclusion of any materially false or misleading statement or representation made knowingly by the Contractor in any report hereunder, shall be deemed a material breach of this Agreement, and shall subject the Contractor to all remedies, legal or equitable, which are available to the City under this Agreement, subject to Contractor's right to receive notice and an opportunity to cure as provided in Section 5.9.
5.3 PRIVACY
5.3.1 Privacy of Customer Information. Contractor shall use reasonable efforts to observe and protect the rights of privacy of customers. Information identifying individual customers, or the composition or contents of a customer's Solid Waste or Green Waste, shall not be intentionally revealed to any Person, private agency or company, unless upon the request of federal or state law enforcement personnel, the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AS 939, or any other reports requested by the City under this Agreement or required or requested by any governmental agency.
5.3.2 Mailing Lists. Contractor shall not market or distribute outside the normal course of its business mailing lists with the names and addresses of customers.
5.4 PUBLIC ACCESS TO CONTRACTOR
5.4.1 Office Hours. Contractor shall maintain an office open to the public and customers at 12305 Shale Ridge Road in Auburn, California. Contractor's office hours shall be, at a minimum, from 8:00 A.M. to 12:00 P.M., and from 1 :00 P.M. to 4:30 P.M. daily, on all collection days, excluding holidays. A representative of Contractor shall be 25 Item 2C170
available during office hours for communication with the public at Contractor's principal office. Contractor shall also provide City with an emergency telephone number for use during other than normal business hours. Contractor shall have a representative, informative answering device or answering service available at said after-hours telephone number during all hours other than normal office hours.
5.4.2 Service Complaints.
(a) All customer complaints shall be directed to Contractor. Contractor shall record all complaints received by mail, by telephone, or in person (including date, name, address of complainant and nature of complaint). Contractor agrees to use commercially reasonable efforts to resolve all complaints by the close of business of the second business day following the date on which such complaint is received. Service complaints may be investigated by the Solid Waste Program Manager or his/her designee if a settlement satisfactory to the complainant and the Contractor is not reached, and the complainant refers the matter to the Solid Waste Program Manager or his/her designee for review.
(b) Contractor will maintain records listing the date of all customer complaints, the name and address of the customer, the nature of the complaint, and when and what action was taken by the Contractor to resolve the complaint.
All such records shall be maintained for a period of twenty-four (24) months.
Contractor shall provide complaint records to City upon request. (c) The Solid Waste Program Manager or his/her designee may determine if a customer's complaint referred to him or her pursuant to Section
5.4.2(a) is justified, and if so, what reasonable remedy, if any, shall be imposed.
The remedy under this section shall be limited to a rebate of the customer's payments to Contractor (or a portion thereof) related to the period Contractor breached any of the terms of this Agreement with respect to the customer, provided that the statute of limitations under Applicable Law shall not have expired, and provided further that the customer notifies Contractor within 30 days of the breach.
5.4.3 Government Liaison Person. The Contractor shall deSignate a "government liaison person" who shall be responsible for working with the Solid Waste Program Manager or his/her designated representative to resolve consumer complaints.
5.4.4 Regular Meetings With City. At the reasonable request of City, Contractor shall meet with the City to discuss matters of mutual concern, including, but not limited to, problems in Contractor's service, City's compliance with AS 939 and future planning.
The person attending these meetings on behalf of Contractor shall be vested with sufficient authority to make decisions binding on Contractor.
5.5 COMPLIANCE WITH LAWS AND REGULATIONS
Contractor warrants that in performing its obligations under this Agreement it will comply in all material respects with all Applicable Laws in effect during the Term of this Agreement, including implementing regulations, as they may, from time to time, be 26 Item 2C171
amended, and it will comply in all material respects with all local laws and regulations applicable to Contractor to the extent they are not inconsistent with the terms of this Agreement. Contractor shall comply with all final and binding judgments entered against Contractor regarding its services performed under this Agreement. Nothing in this Section 5.5 shall be deemed to limit Section 5.6.3.
5.6 INDEMNIFICATION
As used in this section, "City Indemnified Parties" means the City and its City Council, officers, directors, employees, agents, consultants, representatives, successors and assigns.
5.6.1 Indemnification of City. Contractor shall defend, indemnify, and hold the City Indemnified Parties harmless against and from any and all claims, suits, losses, damages and liability for damages of every name, kind and description, including reasonable attorney's fees and costs (collectively, "Claims") incurred, brought for, or on account of, injuries to or death of any person, including, but not limited to, workers, City employees, and the public, or damage to property, in each case to the extent such Claims are caused by Contractor's failure to perform its obligations under this Agreement, Contractor's failure to comply with Applicable Law in the performance of this Agreement, or Contractor's negligence or willful misconduct, in each case, except to the extent such Claims are caused by the negligence or willful misconduct of any City Indemnified Parties, and except as expressly prohibited by statute. The foregoing indemnity shall apply if the Claim is caused by the joint negligence of any City Indemnified Parties and Contractor, but only to the extent of Contractor's negligence.
This duty of Contractor to indemnify and save City Indemnified Parties harmless includes the duties to defend set forth in California Civil Code Section 2778.
5.6.2 Hazardous Substance Indemnification. Contractor shall protect, defend (with counsel selected by Contractor and reasonably acceptable to City), indemnify and hold harmless the City Indemnified Parties from and against all claims for actual damages, natural resources damages, punitive damages, restitution, injuries, costs, response costs, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to reasonable attorney's and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City Indemnified Parties, arising out of or resulting from the release or threatened release by Contractor of any Hazardous Waste or Hazardous Materials collected, transported, received, and/or disposed of by Contractor in connection with this Agreement, including, without limitation, any repair, cleanup, detoxification, or preparation and implementation of any removal, remedial, response, closure, corrective action or other plan (regardless of whether undertaken due to governmental action) pertaining to any such release. The foregoing indemnity is intended to operate as an agreement pursuant to Section 1 07( e) of the Comprehensive Environmental Response and Liability Act ("CERCLA"), 42 U.S.C.
Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect and hold harmless and indemnify the City Indemnified Parties from liability. This 27 Item 2C172
provision shall survive the termination of this Agreement between Contractor and the City. The foregoing indemnity shall not have any dollar limitation. The foregoing indemnity is for the exclusive benefit, of the City Indemnified Parties and in no event shall such indemnity inure to the benefit of any third party. The foregoing indemnity shall supersede any other environmental indemnities of the Contractor under this Agreement.
The foregoing indemnity shall not apply with respect to: (1) any Hazardous Waste or Hazardous Materials generated by the City and delivered by the City to Contractor; or (2) the disposal or release of Hazardous Materials or Hazardous Waste, which disposal or release has resulted from the active negligence or willful misconduct of City. Nothing in these exclusions shall be deemed a waiver of any other rights or.claims the City may have against Contractor independent of this indemnity.
5.6.3 Proposition 218.
(a) Notwithstanding any other provIsion of this Agreement or Applicable Law, Contractor shall have no indemnity, defense or other obligation or liability to any City Indemnified Party with respect to, and City shall hold Contractor harmless against, any Claims arising out of, relating to or caused by City's alleged or actual failure to comply with Article XIlIC or XIlID of the California Constitution, including without limitation any action, suit or other proceeding alleging any such failure.
(b) If a court ruling, majority protest, initiative or referendum (each, a "Restriction") prevents Maximum Rates from being established or increased as required by this Agreement, or reduces Maximum Rates from the levels otherwise required by this Agreement, then: (i) either City or Contractor may terminate this Agreement upon two years' prior written notice to the other, (ii) the Franchise Fee shall be reduced by the amount of revenue lost to Contractor by reason of the Restriction, and (iii) if the amount of revenue lost to Contractor by reason of the Restriction exceeds the Franchise Fee, the Franchise Fee shall be reduced to zero, and the parties shall promptly meet and negotiate in good faith to reduce service levels commensurate with the rates that Contractor may legally charge.
(c) If an action, suit or other proceeding is filed or initiated alleging that City or Contractor failed to comply with, or that any provision of this Agreement is inconsistent with, Article XIIiC or XIlID of the California Constitution, then either City or Contractor may terminate Contractor's obligation to pay the Franchise Fee upon written notice to the other. If a court rules that the Franchise Fee is inconsistent with Article XIlIC or XIIID, then Contractor shall cease paying the Franchise Fee to the extent doing so would be inconsistent with Article XIIIC or XIIiD. If Contractor's obligation to pay the Franchise Fee is terminated or ceased by operation of this Section 5.6.3(c), then the parties shall cooperate to reduce Maximum Rates commensurately within 60 days of such termination. (d) Contractor shall not be liable to City for any reduction in or nonpayment of the Franchise Fee by reason of the operation of this Section 5.6.3, nor shall any such reduction or non-payment invalidate this Agreement. Nothing 28 Item 2C173
in this Agreement shall be deemed or construed to be an admission by City or Contractor that Articles XIlIC or XIlID of the California Constitution apply to the rates charged by Contractor under this Agreement.
5.6.4 Survival. This Section 5.6 shall survive the expiration or termination of this Agreement.
5.7 INSURANCE
5.7.1 Insurance Coverage. Contractor, at Contractor's sole cost and expense, shall procure from an insurance company or companies admitted to do business in the State of California and subject to the regulation of the California Insurance Commissioner and shall maintain in force at all times during the Term the following types and amounts of insurance:
(a) Workers' Compensation and Employer's Liability. Contractor shall maintain workers' compensation insurance covering its employees in statutory amounts and otherwise in compliance with the laws of the State of California.
Contractor shall maintain Employer's Liability insurance in an amount not less than Five Million Dollars ($5,000,000) per accident or disease. (b) General Liability and Automobile Liability. Contractor shall maintain comprehensive Commercial General Liability insurance with a combined single limit of not less than Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) aggregate covering all claims and all legal liability for Personal injury, bodily injury, death, and property damage, including the loss of use thereof, arising out of Contractor's performance of, or its failure to perform, services under this Agreement.
The insurance required by this subsection shall include:
(i) Premises Operations (including X, C and U coverages; (ii) Products and Completed Operations, protecting against possible liability resulting from use of Recyclable Materials by another Person;
(iii) Personal Injury Liability with Employment Exclusion deleted; and
(iv) Broad Form Blanket Contractual, with no exclusions for bodily injury or property damage.
Contractor shall also maintain Automobile Liability Insurance for each of Contractor's vehicles used in the performance of this Agreement, including owned, nonowned, leased or hired vehicles, in the minimum amount of Five Million Dollars ($5,000,000) combined single limit per accident.
The Commercial General Liability and Automobile Liability insurance required by this section shall be written on an "occurrence" (or in the case of Automobile Liability, on 29 Item 2C174
an "accident" basis), rather than a "claims made" basis, if such coverage is readily obtainable for a commercially reasonable premium. If it is not so obtainable, Contractor must arrange for an extended reporting period ("tail coverage") to protect the City from claims filed within one (1) year after the expiration or termination of this Agreement relating to incidents that occurred prior to such expiration or termination. (c) Pollution Liability. Contractor shall purchase and thereafter maintain, so long as such insurance is available on a commercially reasonable basis, Pollution Liability insurance in the amount of Two Million Dollars ($2,000,000) covering liability arising from the sudden and accidental release of pollution at Contractor's Transfer Station in Auburn.
(d) Prooertv Insurance Policy. Contractor shall maintain comprehensive (fire, theft and collision) property insurance covering the vehicles and the machinery and equipment that is owned by Contractor and used in providing service to the City under this Agreement, with a deductible or selfinsured retention of not greater than Fifty Thousand Dollars ($50,000).
All insurance companies required by this section shall be issued by an insurance company or companies admitted to do business in California, subject to the regulation by the California Insurance Commissioner, and with a rating in the most recent edition of Best's Insurance Reports of size category X or larger, and a rating classification of Aor better, except for the Pollution Liability policy which may be issued by any company subject to the approval of City, which approval shall not be unreasonably withheld. The City Risk Manager may waive some or all of these conditions, in his sole discretion, if Contractor provides evidence that the required insurance cannot be obtained for a commercially reasonable price from a company or companies that meet(s) the forgoing qualifications.
5.7.2 Required Endorsements
(a) The Worker's Compensation policy shall contain an endorsement in substantially the following form:
(i) "Insurer waives all right of subrogation against the City and its officers and employees for losses arising from work performed for the City."
(b) The Commercial General Liability policy shall contain endorsements in substantially the following form:
(i) "The City, its officers, employees, and agents are additional insureds on this policy."
(ii) "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by the City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." 30 Item 2C175
(iii) "Inclusion of the City as an insured shall not affect the City's rights as respects any claim, demand, suit or judgment brought or recovered against contractor. This policy shall protect Contractor and the City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase the insurer's liability as set forth in the policy beyond the amount shown or to which the insurer would have been liable if only one party had been named as an insured." (c) The Property Insurance policy shall contain the following endorsement:
(i) Waiver of subrogation against the City.
5.7.3 Delivery of Proof of Coverage. No later than ten (10) business days after the execution of this Agreement by the parties, Contractor shall furnish the City certificate(s) of insurance covering each policy of insurance required under this Section
5.7, in form and substance reasonably satisfactory to the City. Each such certificate shall show the type and amount of coverage, effective dates and dates of expiration of policies, and all required endorsements. If the City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to the City. At City's request, Contractor shall furnish updated certificates to the City to demonstrate maintenance of the required coverages throughout the Term of this Agreement.
5.7.4 Other Insurance Requirements.
(a) In the event any services hereunder are delegated by Contractor to a subcontractor, Contractor shall require all such subcontractors to provide statutory workers' compensation insurance and employer's liability insurance for all of the subcontractor's employees engaged in the work. The general liability insurance required by this section shall cover Contractor's liability for acts of its subcontractors or each subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this section. (b) Contractor shall comply with all requirements of the insurers issuing policies and shall require its subcontractors to do so. The carrying of insurance shall not relieve Contractor from any obligation under this Agreement, including those imposed by this Section 5.7. If any Claim is made by any third Person against Contractor or any subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly' report the facts in writing to the insurance carrier and to the City. If Contractor fails to procure and maintain any insurance required by this Agreement, the City may take out and maintain, at Contractor's expense, such insurance as is required hereunder and deduct the cost thereof from any monies due Contractor.
5.8 RIGHTS OF CITY TO PERFORM DURING EMERGENCY
5.8.1 Emergency Collection. Should Contractor, for any reason whatsoever, including the occurrence or existence of force majeure as defined in Section 5.14.1, refuse or be unable to collect, transport and dispose of all or a substantial portion of the 31 Item 2C176
Solid Waste which it is obligated under this Agreement to collect, transport and dispose of for a period of more than seventy-two (72) hours, and if as a result thereof, Solid Waste should accumulate in the Franchise Area to such an extent, in such a manner, or for such a time that the Solid Waste Program Manager in the exercise of his/her reasonable discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Contractor, solely during the period of and to the extent of Contractor's failure to perform, to contract on a temporary basis with third parties to collect and transport any and all Solid Waste which Contractor would otherwise be obligated to collect and transport pursuant to this Agreement.
5.8.2 Contractor to Cooperate. Contractor agrees that in such event described in Section 5.8.1 above, it will fully cooperate with City and its third-party contractor to facilitate such contractor's operations in as smooth and efficient a fashion as is practicable.
5.8.3 Contractor to Pay Increased Costs. All costs, fees, rates and other expenses incurred by the City that exceed those which would have been incurred by City had the event described in Section 5.8.1 above not arisen, shall be the responsibility of the Contractor, and shall be paid to the City within thirty (30) days of Contractor's receipt of written notice to so pay, except where the reason for Contractor's failure to perform was due to force majeure as defined in Section 5.14.1 or other circumstances or event outside of Contractor's control, and provided that Contractor shall be entitled to continue to collect and retain rates payable by customers during the period of Contractor's failure to perform.
5.9 TERMINATION
5.9.1 Default by Contractor. Each of the following shall constitute a Default under this Agreement on the part of the Contractor:
(a) Material Breach of Contractor's Obligations. The material failure or refusal of Contractor to comply with the obligations and duties imposed on Contractor pursuant to this Agreement, subject to the following: In the event of any such material failure or refusal, City and Contractor shall meet and confer in good faith in an effort to agree on a resolution and cure of the breach. If the parties are unable to agree on an informal resolution or cure of the breach, such material failure or refusal shall constitute a Default if:
(i) The City shall have given prior written notice to the Contractor specifying that a particular material failure or refusal to perform exists which will, unless corrected, constitute a Default on the part of the Contractor under this Agreement; and
(ii) The Contractor has not corrected such material failure or refusal within thirty (30) days or, if such material failure or refusal is not reasonably capable of being cured within said thirty day period, has not taken reasonable steps to commence to correct the same within thirty 32 Item 2C177
days from the date of the notice given pursuant to this section, and thereafter does not diligently continue to take reasonable steps to correct such material failure or refusal.
(b) Events of Insolvency. The Contractor (a) being or becoming insolvent or bankrupt, or ceasing to pay its debts as they mature, or making an assignment for the benefit of its creditors, or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property; or (b) being or becoming a party to a voluntary or involuntary bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding instituted by or against the Contractor under the laws of any jurisdiction, which proceeding, if involuntary in nature, has not been dismissed within sixty (60) days; or (c) taking any action approving of, consenting to, or acquiescing in any such proceeding; or (d) being a party to the levy of any distress, execution or attachment upon the property of the Contractor which shall substantially interfere with the Contractor's performance hereunder. In the event of the Contractor being or becoming insolvent or bankrupt, the Contractor shall (i) assume or reject this Agreement within sixty (60) days after the order for relief; (ii) if assigned, promptly cure any failure to perform its obligations or any event of default arising under this Agreement for reasons other than the event set forth in this paragraph; and (iii) if assigned, provide adequate assurance of future performance under this Agreement under 111 USC Section 365(b)(1 )(c), or any successor provision of the Federal Bankruptcy Code. The foregoing provisions shall not prevent the City from requesting such other conditions to assumption of this Agreement, as it deems reasonable and necessary.
5.9.2 No Waivers. Any waiver of a Default shall not be deemed to be a waiver of any subsequent Default or to be construed as approval of a course of conduct.
5.9.3 Termination. Upon the occurrence of a Default and the declaration of termination of this Agreement by the City Council, this Agreement and the franchise granted hereunder shall be of no furt~er force and effect, excepting those obligations of each party to the other which in order for such party to reasonably carry them out should survive termination of this Agreement, including, but not limited to the parties' rights to indemnity and City's right to temporarily assume Contractor's obligations and City's obligations under Section 3.2. City then shall be free to enter into whatever other arrangements are deemed by City to be justified and necessary for the collection, removal and disposal of Solid Waste within the Franchise Area.
5.9.4 Default by City. Each of the following shall constitute a Default under this Agreement on the part of the City:
(a) Material Breach of City's Obligations. The material failure or refusal of City to comply with the obligations and duties imposed on City pursuant to this Agreement, subject to the following: In the event of any such material failure or refusal, City and Contractor shall meet and confer in good faith in an effort to agree on a resolution and cure of the breach. If the parties are unable to agree 33 Item 2C178
on an informal resolution or cure of the breach, such material failure or refusal shall constitute a Default if:
(i) The Contractor shall have given prior written notice to the City specifying that a particular material failure or refusal to perform exists which will, unless corrected, constitute a Default on the part of the City under this Agreement; and
(ii) The City has not corrected such material failure or refusal within thirty (30) days or, if such material failure or refusal is not reasonably capable of being cured within said thirty day period, has not taken reasonable steps to commence to correct the same within thirty days from the date of the notice given pursuant to this section, and thereafter does not diligently continue to take reasonable steps to correct such material failure or refusal.
Upon the occurrence of a City Default, Contractor may terminate this Agreement upon two years' prior written notice to City, and upon such termination, this Agreement and the franchise granted hereunder shall be of no further force and effect, excepting those obligations which expressly survive termination of this Agreement.
Under no circumstances, in the event of a City Default, shall the City be liable to Contractor for any consequential or incidental damages, or for any lost revenues or profits of Contractor.
5.10 NO SUBCONTRACTING
Contractor shall not subcontract or delegate to any other Person, other than an Affiliate of Contractor, the performance of any of Contractor's services, operations, obligations, covenants or duties under this Agreement, unless Contractor has previously obtained the City's written consent thereto.
5.11 ENTIRE COMPENSATION
Contractor shall perform all services, operations, obligations, covenants, duties and all other acts and things required of Contractor under this Agreement, for rates not exceeding the Maximum Rates described in this Agreement, and shall not be entitled to any other compensation, payments or consideration of any kind, except for revenue from the sale of Recyclables and except as expressly set forth in this Agreement.
5.12 MISCELLANEOUS PROVISIONS
5.12.1 Force Majeure. Notwithstanding any other provision herein, Contractor shall not be in breach of or default under this Agreement in the event that the collection services of Contractor or any other obligations of Contractor hereunder are temporarily interrupted or discontinued for reasons outside the reasonable control of the Contractor, including, but not limited to, riots, wars, sabotage, civil disturbances, insurrection, explosion, natural disasters such as floods, earthquakes, landslides and fires, strikes, lockouts and other labor disturbances, excessive snow, acts of God, or other similar or 34 Item 2C179
dissimilar events which are beyond the reasonable control of Contractor. Such other events do not include the financial inability of the Contractor to perform, or the failure of the Contractor to obtain any necessary permits or licenses from other governmental agencies or to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Contractor. In the event a labor disturbance interrupts collection, transportation and/or disposal of Solid Waste by Contractor as required under this Agreement, City may elect to exercise its rights under Section 5.8 of this Agreement.
5.12.2 Independent Contractor. Contractor is an independent contractor, and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents: employees, contractors and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor. Neither Contractqr nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to City's employees.
5.12.3 Non-Discrimination: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
5.12.4 Law to Govern; Venue. The internal laws of the State of California, irrespective of choice of law principles, shall govern this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Placer, unless otherwise agreed to by both parties in writing. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Eastern District of California.
5.12.5 Fees and Gratuities. Contractor shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Agreement not provided for in this Agreement.
5.12.6 Prior Agreements and Amendments. No amendment of this Agreement shall be valid unless it is made in writing and duly executed by the parties. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and no promises, representations, warranty or covenant not included in this Agreement have been or are relied upon by either party.
5.12.7 Compliance With Colfax Municipal Code. Contractor shall comply with those provisions of the Colfax Municipal Code which are applicable, and with any and all amendments to such applicable Colfax Municipal Code provisions during the Term of this Agreement, provided that such provisions are not inconsistent with the terms of this Agreement.
5.12.8 Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by facsimile or 35 Item 2C180
United States certified mail, postage prepaid, return receipt requested, addressed as follows:
To City:
To Contractor:
City Manager
City of Colfax 33 South Main Street Colfax, CA 95713
Facsimile No: (530) 346-6214
John Rowe, General Manager Recology Auburn Placer
P.O. Box 6566 Auburn, CA 95604
Facsimile No: (530) 885-1922
The address to which communications may be delivered may be changed from time to time by a notice to the other party in accordance with this section. Notice shall be deemed effective on the date personally served or sent by facsimile or, if mailed, three (3) business days from the date such notice is deposited in the United States mail.
5.12.9 Savings Clause and Entirety. If any non-material provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
5.12.10 Exhibits Incorporated. Exhibits A, Band C attached hereto are incorporated in this Agreement by reference.
5.12.11 Joint Drafting. This Agreement was drafted jOintly by the parties to the Agreement.
5.12.12 Judicial Review. Nothing in this Agreement shall be construed to prevent either party from seeking redress to the Courts for the purposes of legal review of administrative proceedings in regard to rate setting or City's actions taken pursuant to this Agreement, or for the purpose of interpreting or enforcing the provisions contained in this Agreement.
5.12.13 Successors and Assigns. Subject to the other terms and conditions herein, this Agreement shall be binding upon and inure to the benefit of the respective successors, assigns, administrators and trustees of the City and Contractor.
5.12.14 Survival. All confidentiality and indemnification provisions of this Agreement shall survive the expiration or termination of this Agreement. [Remainder of this page intentionally left blank]
36 Item 2C181
IN WITNESS THEREOF, City and Contract have executed this Agreement this 14th day of July, 2016.
CITY OF COLFAX
anager
APPROVED AS TO FORM:
By: __ ~-+~~ ____ ~ ______ __
RECOLOGY AUBURN PLACER (Contractor)
BY: __ ~ __ ~ ____ ~ __ 7+ ____ __
cutive Officer
BY: ~ Chen
Jtecology.
Reyiewed by:
-=t?G
legal
Senior Vice President, General Counsel, Corporate Secretary Item 2C182
CITY OF COLFAX
Exhibit A
PROPOSED -EFFECTIVE JULY 14, 2016
RESIDENTIAL RATES
Service Disposal
Cost Fees
1 -32-Gallon Can $8.91 $9.58
2 -32-Gallon Can $12.88 $13.86
3 -32-Gallon Can $16.85 $18.13
4 -32-Gallon Can $20.87 $22.46
32-Gallon Cart $9.24 $9.95
64-Gallon Cart $13.26 $14.27
96-Gallon Cart $17.28 $18.59
Senior Citizen
1 -32-Gallon Can $7.29 $7".84
1 -32-Gallon Cart $7.62 $8.20
Ext ra Ch arge
Bag (extra per pick-up) $2.06 $2.22
Can (extra per pick-up) $2.06 $2.22
Toter (extra per pick-up) $2.06 $2.22
32-Gallon Green Waste $1.45
(extra per pick-up)
Off Schedule Pickup - $36.00
Container
Bulk Item Pickup - $73.00 $27.00
each addition pickup
Bulk Item Pickup - $153.00 $27.00
off schedule pickup
Temporary Automated $36.00
Container
Steam Clean Automated $60.00
Container
Repair Container (Lid) $20.00
Repair Container (Other) $20.00
Replace Container $40.00
(32-Gallon)
Replace Container $45.00
(64-Gallon)
Replace Container $50.00
(96-Gallon)
38 Processing Total
Fees
$0.30 $18.79
$0.43 $27.17
$0.57 $35.55
$0.70 $44.03
$0.31 $19.50
$0.45 $27.98
$0.58 $36.46
$0.25 $15.37
$0.26 $16.07
$0.07 $4.35
$0.07 $4.35
$0.07 $4.35
$1.60 $3.05
$36.00
$100.00
$180.00
$36.00
$60.00
$20.00
$20.00
$40.00
$45.00
$50.00
Item 2C183
CITY OF COLFAX
PROPOSED -EFFECTIVE JULY 14, 2016
MULTI-FAMILY RATES
Service
Cost
1 -32-Gallon Can $8.91
2 -32-Gallon Can $12.88
3 -32-Gallon Can $16.85
4 -32-Gallon Can $20.87
64-Gallon Cart $13.26
($13.99/unit, up to 2 units)
96-Gallon Cart $19.89
($13.991 unit, up to 3 units)
2-yard bin $74.90
($13.171 unit, up to 12 units
E xtra Ch arge
Can (per pick-up) $4.02
Off Schedule Pickup - $36.00
Container
Off Schedule Pickup - Bin $120.00
Bulk Item Pickup - $73.00
each addition pickup
Bulk Item Pickup - $153.00
schedule pickup
Temporary Automated $36.00
Container
Steam Clean Automated $60.00
Container
Repair Container (Lid) $20.00
Repair Container (Other) $20.00
Replace Container $40.00
(32-Gallon)
Replace Container $45.00
(64-Gallon)
Replace Container $50.00
(96-Gallon)
39 Disposal
Fees
$9.58
$13.86
$18.13
$22.46
$14.27
$21.41
$80.60
$4.32
$27.00
$27.00
Processing Total
Fees
$0.30 $18.79
$0.43 $27.17
$0.57 $35.55
$0.70 $44.03
$0.45 $27.98
$0.67 $41.97
$2.54 $158.04
.
$0.14 $8.48
$36.00
$120.00
$100.00
$180.00
$36.00
$60.00
$20.00
$20.00
$40.00
$45.00
$50.00
Item 2C184
CITY OF COLFAX
PROPOSED -EFFECTIVE JULY 14, 2016
COMMERCIAL RATES
Frequency (Pickups per Week)
SIZE 1 2 3
1 Cubic Yard $ 52.28 $ 94.54 $141.07
Disposal Fees 41 .08 74.29 110.86
Processing Fees 1.52 2.75 4.10
Total $ 94.88 $171.57 $ 256.02
2 Cubic Yards $ 91.64 $ 176.06 $ 268.94
Disposal Fees 72.02 138.35 211.34
Processing Fees 2.66 5.11 7.81
Total $166.32 $ 319.52 $ 488.09
3 Cubic Yards $ 134.41 $ 253.36 $ 372.40
Disposal Fees 105.62 199.10 292.65
Processing Fees 3.90 7.36 10.81
Total $ 243.93 $ 459.82 $ 675.86
3 Cubic Yards EOW $ 68.89
Disposal Fees 51.13
Processing Fees 2.00
Total $125.02
4 Cubic Yards $ 172.29 $ 314.78 $457.18
Disposal Fees 135.39 247.36 359.27
Processing Fees 5.00 9.14 13.28
Total $ 312.69 $ 571.28 $ 829.73
5 Cubic Yards $ 210.59 $ 400.90 $ 591.20
Disposal Fees 165.49 315.04 464.59
Processing Fees 6.12 11.64 17.17
Total $ 382.19 $ 727.52 $1,072.95
6 Cubic Yards $ 248.88 $ 487.02 $ 725.21
Disposal Fees 195.58 382.72 569.90
Processing Fees 7.23 14.14 21 .06
Total $ 451.68 $ 883.88 $1,316.17
7 Cubic Yards $ 287.17 $ 573.14 $ 859.22
Disposal Fees 225.67 450.40 675.22
Processing Fees 8.34 16.64 24.95
Total $ 521.18 $1,040.18 $1,559.39
40 4 5
$ 192.50 $ 249.16
151.27 195.80
5.59 7.24
$ 349.36 $ 452.19
$371.11 $ 483.50
291.63 379.95
10.78 14.04
$ 673.52 $ 877.49
$ 491.52 $ 610.72
386.26 479.94
14.27 17.73
$ 892.05 $1,108.39
$ 599.51 $ 741.76
471.12 582.90
17.41 21.55
$1,088.04 $1,346.21
$ 781.48 $ 971.75
614.12 763.65
22.69 28.22
$1,418.30 $1,763.62
$ 963.45 $ 1,201.74
757.12 944.38
17.98 34.90
$1,748.55 $ 2,181.02
$ 1,145.42 $ 1,431.73
900.12 1,125.12
33.26 41.57
$ 2,078.81 $ 2,598.43
Item 2C185
CITY OF COLFAX
PROPOSED -EFFECTIVE JULY 14, 2016
COMMERCIAL RATES
DEBRIS BOXES
Service Cost Disposal Fees Total
20 Cu Yd - 3 Ton Limit $162.22
30 Cu Yd - 3.5 Ton Limit $218.72
40 Cu Yd - 4 Ton Limit $275.21
Temporary Bins
4 Cu Yd - 1/2 Ton Limit $98.91
5 Cu Yd -1/2 Ton Limit $110.78
6 Cu Yd - 3/4 Ton Limit $124.07
7 Cu Yd - 3/4 Ton Limit $138.96
PROPOSED -EFFECTIVE JULY 14, 2016
COMMERCIAL RATES
EXTRA SERVICES
Servicing
Costs
96-Gallon Green Waste Cart (per month) $17.63
Overweight Fee -per ton $15.95
Bulk Item Pickup -On Schedule $73.00
Bulk Item Pickup -Off Schedule $153.00
Off Schedule Pickup -Bin $120.00
Bin Relocation $80.00
Bin Cancellation within 24 hours of delivery $37.00
Bin Service Fee if Bin Exceeds Weight Limit $37.00
Rental Fee -Bin -Kept> 1 week -per day $5.00
Rental Fee -Debris Box -Kept> 1 wk/day $5.00
7yd Cardboard Recycling Container -Set up $150.00
41 $204.00 $366.22
$238.00 $456.72
$272.00 $547.21
$27.50 $126.41
$27.50 $138.28
$41.25 $165.32
$41.25 $180.21
Disposal Processing Total
Fees Fees
$14.37 $32.00
$68.00 $83.95
$27.00 $100.00
$27.00 $180.00
$120.00
$80.00
$37.00
$37.00
$5.00
$5.00
$150.00
Item 2C186
Recology Auburn Placer
CITY of COLFAX
Rate Components
Rate Year July 14, 2016 through June 30, 2017
Annual Increase -Rate Year 2016-2017
Cost of Living Increase
Other
Other
TOTAL INCREASE
* * Old Landfill Rate (See Note 1)
* * New Landfill Rate (See Note 1)
Landfill Increase
% Increase
* * Old Green Waste Rate
* * New Green Waste Rate
Green Waste Increase
% Increase
Street Sweeping
0.000%
0.000%
0.000%
0.000%
$ 68.00
$ 68.00
$0.00
0.00%
$ 35.00
$ 35.00
$0.00
0.00%
0.00%
* * Note 1 Landfill Rates Applicable to Debris Boxes and C&D:
Landfill Rate -Debris Box and C&D
Old Rate $46.00 New Rate $46.00
Franchise Fee
Description New Old
Actual 0.0% 0.0%
Calc Factor 0.0000 0.0000
Densities
Type New Old
Can 35 35
Toter 70 7-
Bag 18 18
Yard - Commercial 150 150
Yard - Dbox 272 272
Unlimited Can 90 90
Unlimited Toter 90 90
C & D Bin 150 150
Other
42 Item 2C187
Recology Auburn Placer
CITY of COLFAX
Cost of Living Increase
For Rate Year July 1, 2016 through June 30,2017
City of Colfax Format
BASIC FORMULA
COLA = 0.1 Fixed Cost + .45 X (ECli / ECIO) + .45 x (PPli / PPIO) I Rounding: to 3 decimal places per basic agreement 0.0010 I First Cost of Living Adjustment will take effect July 1, 2017 and will be for FY July 1, 2017 through June 30, 2018
43 Item 2C188
City Facilities:
Address
33 W. Church
250 Rising Sun
250 Rising Sun
101 Park Hill Dr.
23550 Grandview
Way
Special Events:
Event
Independence Day
City Facilities & Special Events
Exhibit B
Facility Containers
Fire Station 2 cans
Corp. Yard 6 yd bin
Frequency
1 x/week on Wed.
1 x/week on Wed
Corp. Yard 30 yd Green Waste As needed
Baseball Field 4 yd bin 1 x/week on Wed
WWTP 20 yd bin sludge 1 x/week on Wed
Oate(s) Maximum Number of
Containers
July 3 or July 4 7 bins -various sizes
Railroad Days / Founder's 2 days in 7 bins -various sizes Day September/October
Winter Fest 1 st Saturday in December 7 bins -various sizes Brew Fest October 15 7 bins -various sizes
Spring Green Festival 1 day in May 2 bins -various sizes 44 Item 2C189
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Item 2C190
City of Colfax Community Care Facilities Zoning
Staff Report July 22, 2026 Amendment
444211.1
Staff Report to City Council
FOR THE JULY 22, 2026, REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Kathy Pease, AICP, Planning Consultant
Subject: Residential Care Facilities Zoning Ordinance Amendment Budget Impact Overview:
N/A: Funded: Un-funded: √ Amount: Fund(s):
Summary/Background
The City Council considered the ordinance amendment at a public hearing on May 27, 2026. The City Council voted unanimously to approve the ordinance.
The proposed ordinance would amend Sections 17.64.080 (Residential use types), and 17.72.020 (Residential zone districts permitted uses), of Title 17 (Zoning) of the Colfax Municipal Code to:
1. Eliminate the separate definitions and requirements for small versus large Community Care Facilities and to create a single set of requirements for all Community Care Facilities; and
2. Allow Community Care Facilities as a residential use by right, regardless of size, consistent with state law, in both the residential zoning districts.
This change comes from identified Housing Element implementation strategies 6.13, which states the city will eliminate the size requirement and make this use by right in the residential districts.
The text from the Housing Element is shown here:
RECOMMENDED ACTION: 1) Approve the second reading of an Ordinance to amend the Zoning Code; Section 17.64 and 17.72.020 Residential Zone Use types and permitted uses for residential care facilities, to be effective 30 days after adoption.
Item 2D
191
City of Colfax Community Care Facilities Zoning
Staff Report July 22, 2026 Amendment
444211.1
Discussion
California Community Care Facilities (CCFs) are licensed, non-medical residential homes providing 24-hour care, supervision, and services to children and adults with special needs, disabilities, or those requiring assistance with daily living. Regulated by the Community Care Licensing Division of the California Department of Social Services. These facilities include adult residential facilities, senior care, and children's residential homes, as further defined by Health and Safety Code Section 1502(a).
CCFs provide support for daily living, personal care, and supervision. For individuals with developmental disabilities, services are categorized into levels (e.g., Levels 2-4) based on the need for care, supervision, and training. CCFs can be “small” or “large,” ranging from typical residential homes to multi-story buildings. A “small” Community Care Facility currently means a CCF serving six or less persons, whereas a “large” Community Care Facility is a CCF serving between seven and 12 persons.
Specifically the California Government Code states that:
a)(1) Whether or not unrelated persons are living together, a residential care facility that serves six or fewer persons shall be considered a residential use of property for the purposes of this chapter. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property pursuant to this chapter.
Item 2D
192
City of Colfax Community Care Facilities Zoning
Staff Report July 22, 2026 Amendment
444211.1
(5) No conditional use permit, zoning variance, or other zoning clearance shall be required of a residential care facility that serves six or fewer persons that is not required of a family dwelling of the same type in the same zone.
The proposed ordinance is a minor amendment which would eliminate the “small” versus “large” distinction for CCFs. By eliminating the distinction between small and large CCFs, the City will allow all CCFs to be a residential use by right in the Residential zones, regardless of size.
Fiscal
This action has a small impact on the City’s General Fund as a result of this amendment. Staff time to prepare the draft ordinance would be paid for through the General Fund.
Environmental Review
The City of Colfax finds that adoption of this ordinance does not constitute a "Project" as that term is defined by 14 Cal. Code Regs., § 15378, 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. 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, 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 Cal. Code Regs., § 15061(b)(3) in that CEQA applies only to projects for which it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment. It can be seen with certainty that adoption of this ordinance and its provisions cannot possibly have a significant effect on the environment.
Public Noticing
State law requires a 20-day notice for hearings on proposed zoning ordinances and amendments. A copy of the hearing notice was published in the paper greater than 20-days in advance of the meeting in accordance with Government Code section 65854, subdivision (b).
Attachments
1. Ordinance Cover
Exhibit A Zoning Code Amendment Ordinance
Item 2D
193
444118.1
CITY OF COLFAX
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLFAX AMENDING SECTIONS 17.64.080 (RESIDENTIAL USE
TYPES), 17.72.020 (RESIDENTIAL ZONE DISTRICTS PERMITTED USES), 17.74.020 (PERMITTED USE TYPES), AND 17.108.040
(PARKING SPACE REQUIREMENTS BY USE TYPE) OF TITLE 17
(ZONING) OF THE COLFAX MUNICIPAL CODE REGARDING
COMMUNITY CARE FACILITIES
The City Council of the City of Colfax does ordain as follows:
Section 1. Code Amendment.
Sections 17.64.080 (Residential use types),17.72.020 (Residential zone districts permitted uses), 17.74.020 (Permitted use types), and 17.108.040 (Parking requirements by use type) of Title 17 (Zoning) of the Colfax Municipal Code are hereby amended as set forth in Exhibit A, attached hereto and by this reference incorporated herein.
Section 2. Superseding 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 (CEQA) Findings.
The City of Colfax finds that adoption of this ordinance does not constitute a "Project" as that term is defined by 14 Cal. Code Regs., § 15378, 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. 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, 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 Cal. Code Regs., § 15061(b)(3) in that CEQA applies only to projects for which it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment. It can be seen with certainty that adoption of this ordinance and its provisions cannot possibly have a significant effect on the environment.
Section 5. Effective Date.
This Ordinance shall take effect 30 days after final adoption.
Section 6 Certification.
Item 2D
194
444118.1
The City Clerk shall certify to the passage and adoption of this ordinance and the 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 27 day of May 2026 and passed and adopted at a duly held regular meeting of the City Council on the 22 day of July 2026, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Caroline McCully
Mayor
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________ Conor Harkins
City Attorney City Clerk
Item 2D
195
444121.1
Exhibit A
The following Sections of the Colfax Municipal Code are hereby amended to read as follows, with additions denoted by underlined text and deletions denoted by struck through text.
17.64.080 - Residential use types.
A. Accessory Dwelling Unit.
B. Caretaker/employee housing, includes permanent or temporary housing that is secondary or accessory to the primary use of the property. Such housing is used for caretakers employed on the site of a non-residential use where a caretaker is needed for security or to provide twenty-four-hour care or monitoring of facilities, equipment, or other conditions on the site.
C. California Community Care Facility (CCF). Any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and as further defined under Health and Safety Code Section 1502(a).
C. Community care facility, small. A dwelling where non-medical care is provided to six or fewer persons on a twenty-four-hour basis. Small community care facilities shall be licensed by the state department of social services.
D. Community care facility, large. A dwelling where non-medical care is provided to no less than seven and no more than twelve (12) persons on a twenty-four-hour basis and which is operated and occupied by the owners. Large community care facilities shall be licensed by the state department of social services, shall permit no more than two persons per bedroom and shall be designed so as to be compatible with the residential character of the neighborhood.
DE. Dwelling, includes a room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis. Types of dwellings include single-family Item 2D
196
444121.1
dwellings, duplexes, multifamily dwellings, mobilehomes, condominiums, and townhouses, all of which are separately defined.1.Multifamily, includes a building designed and intended for occupancy by three or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, condominiums, townhomes, rowhouses, triplexes and fourplexes.2.Single-family, includes a detached building designed exclusively for occupancy by one family.3.Two-family, includes a duplex, or other buildings designed for occupancy by two families living independently of each other, where both dwellings are located on a single lot.
EF. Efficiency units, includes a room or group of internally connected rooms that have independent sleeping, cooking, eating and sanitation facilities, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long-term basis.
FG. Family day care homes, small, includes a private single-family dwelling where care, protection and supervision of eight or fewer minor children is provided for periods of less than twenty-four (24) hours or as otherwise provided by state law.
GH. Family day care homes, large, includes a private single-family dwelling where care, protection and supervision of nine and up to, and including, fourteen (14) children is provided for periods of less than twenty-four (24) hours or as otherwise provided by state law (see also Chapter 17.160).
HI. Junior Accessory Dwelling Unit.
IJ. Live/work, includes units that are occupied by business operators who live in the same structure that contains commercial activity. The units function primarily as a workspace with incidental residential accommodations.
JK. Mobilehome park, includes any site that is planned and improved to accommodate two or more mobilehomes used for residential purposes, or on which two or more mobilehome lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobilehomes used for residential purposes.
Item 2D
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444121.1
KL. Rooming and boarding houses, include the renting of individual bedrooms within a dwelling by a property owner or other manager in residence to three or more people, whether or not meals are provided; or a single-family dwelling occupied by six or more unrelated people, living together as a single housekeeping unit; by prearrangement for definite periods, with compensation.
LM. Single-room occupant. Lodging establishments providing a room(s) which does not include a kitchen or bathroom. These establishments include a communal bathroom and may have a communal kitchen and/or living area. This is not a temporary or transitional housing type and is typically found on the second story above a retail use.
MN. Supportive housing. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section 53260(d), and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. (California Health and Safety Code Section 50675.14(b).)1.Target Population. Adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals existing from institutional settings, veterans or homeless people. (California Health and Safety Code Section 53260(d).)
NO. Transitional housing. "Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (California Health and Safety Code Section 50675.2(h).)
17.72.020 - Residential zone districts permitted uses
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444121.1
RESIDENTIAL USE TYPES R-1 R-M R-MHS
Accessory Dwelling Unit (see also Junior ADU) P P -
Community Care Facilities, Small P P P
Dwelling (6)
Multi-Family - P -
Single-Family P P P
Employee Housing P P P
Family Day Care Homes, Small P P P
Family Day Care Homes, Large (3) AP AP AP
Junior Accessory Dwelling Unit P P -
Low-Barrier Navigation Centers _ P(10) _
Mobilehome Park - - CUP
Rooming and Boarding House - P -
Supportive and Transitional Housing P P P
Single Room Occupancy (SRO) _ CUP _
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444121.1
COMMERCIAL USE TYPES R-1 R-M R-MHS
Commercial Recreation, Residential
Recreation Facilities
CUP CUP CUP
Community Care Facility P P -
Lodging Services AP AP -
Long-Term Care Facility - CUP -
Neighborhood Commercial - CUP -
17.74.020 – Permitted use types
RESIDENTIAL USE
TYPES
MU-1 MU-2
Community Care Facilities,
small(1)
P P
Dwelling
Accessory Dwelling Unit P (1) P
Junior Accessory Dwelling Unit P (1) P
Multi-Family P (1) P
Single-Family P (1) P
Employee Housing P1 P1
Family Day Care Homes, Small P (1) P
Family Day Care Homes, Large (7) P (1) P
Low-Barrier Navigation Centers P(2) P(2)
Item 2D
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444121.1
RESIDENTIAL USE
TYPES
MU-1 MU-2
Rooming and Boarding House P (1) P
Supportive and Transitional
Housing
P (1) P
17.108.040 – Parking space requirements by use type
3.Residential use types shall provide off-street parking spaces as follows:
RESIDENTIAL USE
TYPES
NUMBER OF PARKING SPACES REQUIRED
Accessory Dwelling Units See Chapter 17.196
Caretaker/Employee Housing 2 per dwelling
Community Care Facility, Small 2 per dwelling
Community Care Facility, Large 2 per dwelling plus 0.5 per sleeping room (a maximum
of 2 spaces may be located
within the front setback)
Dwelling
Multifamily
Studio 1.5 per unit, plus guest parking (see below)
1 Bedroom 1.5 per unit, plus guest parking (see below)
2+ Bedrooms 2 per unit, plus guest parking (see below)
Senior Citizen Apartments 1 per unit, plus guest parking (see below) Guest Parking Projects with 10 or more dwelling units shall provide 1 additional space for each 10 dwelling
units or portion thereof
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444121.1
RESIDENTIAL USE
TYPES
NUMBER OF PARKING SPACES REQUIRED
Single-Family 2 per dwelling
Family Day Care Home, Small 2 per dwelling plus 1 space for loading Family Day Care Home, Large 2 per dwelling plus 1 space per employee not residing in the home, plus loading areas as required
by Section 17.160.020B.
Mobilehome Park 2 per dwelling unit plus 1 guest space for each 10 dwelling units or portion thereof
Rooming and Boarding Houses 2 per dwelling plus 0.5 per sleeping room (a maximum of 2 spaces may be located within the
front setback)
Transitional and Supportive
Housing
1 per staff member on-site during the largest shift
plus one space for each bedroom
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City of Colfax Recombine Economic Development – Community Support and Staff Report July 22, 2026 Events Appropriations into a single budget line item Staff Report to City Council
FOR THE JULY 22, 2026 REGULAR CITY COUNCIL MEETING
From: Ron Walker, City Manager
Prepared by: Ron Walker, City Manager
Subject: Council Consideration to Recombine Economic Development – Community Support and Events Appropriations into a single budget line item rather than maintained as two separate appropriations.
Budget Impact Overview:
N/A: Funded: Un-funded: Amount: Fund(s):
Summary/Background
This item has been continued from the July 8, 2026 City Council meeting. During the meeting a question came up regarding if staff can take direction from council during a workshop without an official vote. In California, the Ralph M. Brown Act does not require a city council to take a formal vote in order to provide direction to staff during a workshop or study session. If, during a properly noticed workshop, a clear majority of the council expresses the same policy preference or instructs staff to perform a task, staff may reasonably interpret those comments as direction to proceed with work that is within staff's administrative authority.
On May 21, 2026 a budget workshop was held at City Hall to discuss the FY 2026-27 budget. The Budget Workshop provided the City Council and the public with an opportunity to review and discuss the proposed Fiscal Year 2026–2027 Operating and Capital Improvement Budget.
One of the primary purposes of a budget workshop is for the City Council to provide direction to staff regarding the proposed budget before it is brought back for formal adoption.
In California, as long as the workshop has been properly noticed under the Ralph M. Brown Act and the budget is on the agenda, the Council may discuss the proposed budget and provide direction to staff. However, there is an important distinction between providing direction and taking formal action.
During a budget workshop, the Council may:
• Request that staff increase or decrease funding for specific programs or projects. • Ask staff to evaluate the addition or elimination of positions. • Direct staff to identify cost-saving measures or additional revenue opportunities. • Prioritize or reprioritize capital improvement projects. • Request additional financial information or alternative budget scenarios. • Direct staff to revise the proposed budget and return with an updated version for adoption. •
Generally, unless the agenda specifically includes an action item and the Council chooses to act, the workshop itself is not the meeting where the budget is adopted. Instead, staff uses the Council's direction to revise the proposed budget, which is then presented at a subsequent meeting for formal consideration and adoption.
RECOMMENDED ACTION: Provide direction to staff
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City of Colfax Recombine Economic Development – Community Support and Staff Report July 22, 2026 Events Appropriations into a single budget line item At the Budget Workshop, the City Council directed staff to reallocate $15,000 from Department 110 – City Council, account number 8263, Economic Development, by reducing that appropriation to $15,000 and transferring the remaining $15,000 to Department 100 – Central Services, account number 8257, Events. Staff incorporated these changes into the proposed budget and returned the revised budget to the City Council for adoption on June 10, 2026.
Following a motion by Councilmember Sean Lomen and a second by Mayor Pro Tem Larry Hillberg, the City Council adopted Resolution No. 25-2026 approving the Fiscal Year 2026–2027 Budget. During the discussion, Mayor Pro Tem Hillberg requested that staff return at a future meeting with an item for Council consideration regarding whether the Economic Development – Community Support and Events appropriations should be recombined into a single budget line item rather than maintained as two separate appropriations.
Staff is requesting Council provide direction on whether to proceed with option:
A. Keep the existing FY 2026-27 adopted budget intact with $15,000 in Department 110 – City Council, account number 8263, Economic Development, and $15,000 to Department 100 – Central Services, account number 8257, Events.
B. Recombine the $15,000 that was reallocated to Department 100 – Central Services, account number 8257, Events with the $15,000 in Department 110 – City Council, account number 8263, Economic Development, as originally presented in the budget workshop.
C. A completely different alternative to reallocating the $30,000 budgeted in the adopted FY 2026- 27 Budget.
Recommendation
City Council to approve the selected option by motion.
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City of Colfax Recombine Economic Development – Community Support and Staff Report July 22, 2026 Events Appropriations into a single budget line item Attachments:
1. Resolution 25-2026 Adopting the Annual Operating Budget for Fiscal Year 2026–2027
Item 8A
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Item 8A
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City of Colfax Subject: Sales Tax Measure
Date prepared: July 15, 2026
450476.1
Staff Report to City Council
FOR THE JULY 22, 2026 REGULAR COUNCIL MEETING
From: Conor Harkins, City Attorney
Prepared by: Conor Harkins, City Attorney
Subject: Adoption of Sales Tax and Resolution Submitting Measure to Voters Budget Impact Overview:
N/A: Funded: Un-funded: Amount: Fund(s):
Summary/Background
On July 8, 2026, the City introduced an ordinance to impose a one percent transactions and use tax (a sales tax) to fund maintenance of streets, sidewalks, and other infrastructure in the public right-of-way. Section 3.06.010 designates the ordinance the Streets and Sidewalks Transactions and Use Tax Ordinance. Section 3.06.030(E) of the ordinance describes its purpose. Section 3.06.170 establishes separate fund, the Streets and Sidewalks Tax Fund for the sales tax revenue and describes how the revenue will be spent (the expenditure plan). Sections 3.06.180 and 3.06.190 provide transparency and accountability measures requested by the City Council — annual independent audits of Streets and Sidewalks Tax Fund and a Citizen Oversight Committee to report on compliance with the purpose and expenditure plan.
The Council must adopt the Streets and Sidewalks Transactions and Use Tax Ordinance by 4/5 vote before it can be submitted to voters. If the Council adopts the ordinance, it should also adopt a resolution calling an election on the ordinance. The attached resolution:
• Calls an election on the Streets and Sidewalks Transactions and Use Tax Ordinance • Requests the County consolidate the election with the November 3, 2026 general election and directs the City Clerk, as the City’s elections official, to work with the County to conduct the election • Authorizes the City Council to submit an argument in favor of the sales tax measure • Directs the City Attorney to prepare an impartial analysis • Provides notice of the deadlines for the public to submit ballot arguments on the tax measure Deadlines to submit arguments for or against the Streets and Sidewalks Transactions and Use Tax Ordinance are as follows:
Recommendation
1. Adopt sales tax ordinance
2. Adopt the resolution calling the election on the ordinance and asking the County to consolidate the election with the November general election
Fiscal Impacts
None
Attachments:
• Ordinance imposing one percent transactions and use tax RECOMMENDED ACTION: Adopt tax ordinance; adopt resolution submitting ordinance to voters Item 8B207
City of Colfax Subject: Sales Tax Measure
Date prepared: July 15, 2026
450476.1
• Resolution calling election on transactions and use tax Item 8B208
1 ORDINANCE NO._________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLFAX
IMPOSING A ONE PERCENT TRANSACTIONS AND USE TAX FOR THE
CONSTRUCTION, IMPROVEMENT, MAINTENANCE, REPAIR, AND REPLACEMENT
OF STREETS, SIDEWALKS, ROADWAYS, AND OTHER PUBLIC INFRASTRUCTURE IN
THE PUBLIC RIGHT-OF-WAY TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION
The City Council of the City of Colfax does ordain as follows:
Section 1. Code Addition. Chapter 3.60 is hereby added to title 3 of the Colfax Municipal Code to read as follows:
3.60.010 – Title. This ordinance shall be known as the Streets and Sidewalks Transactions and Use Tax Ordinance. The city of Colfax hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City.
3.06.020 – Operative Date "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance. For purposes of Revenue and Taxation Code section 7265, this ordinance shall be considered adopted on the date of the election in which it is approved by the qualified voters of the City.
3.06.030 – Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.91 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if two-thirds of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions Item 8B209
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and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
E. To provide transactions and use tax revenue to fund construction, improvement, maintenance, repair, and replacement of streets, sidewalks, roadways, and other public infrastructure within the public right-of-way, and for implementation and administration of the ordinance.
3.06.040 – Contract with State. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
3.06.050 – Transactions Tax Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1% (one percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.
3.06.060 – Place of Sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
3.06.070 – Use Tax Rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
3.06.080 – Adoption of Provisions of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
3.06.090. Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
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A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
3.06.100 – Permit Not Required. If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
3.06.110 – Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
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B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any Item 8B212
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foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3.06.120 – Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
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3.06.130 – Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.06.140 – Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
3.06.150 – Effective Date. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately.
3.06.160 – Termination Date. The authority to levy the tax imposed by this ordinance shall be in effect until ended by voters. .
3.06.170 – Expenditure Plan.
A. All proceeds of the streets and sidewalks tax imposed by this chapter shall be accounted for and paid into a special fund designated the Streets and Sidewalks Tax Fund for construction, installation, maintenance, repair, reconstruction, replacement, and improvement of streets, sidewalks, curbs, gutters, roadways, and other public infrastructure and improvements located within or appurtenant to the public right-of-way. Such maintenance and improvement includes pavement sealing and overlays; drainage repair and erosion control; maintenance and repair of sewer mains in the right-of-way that fall within the City’s responsibility; sweeping; vegetation maintenance; trash removal; repair or replacement of ADA facilities, sidewalks, curb ramps, bridges, signs, traffic signals, streetlights, and other appurtenances associated with the public right-of-way; widening of shoulders for safety and the inclusion of bicycle and pedestrian facilities within the right-of-way; and such other treatments as are necessary to provide for ongoing public use of the public right-of-way and the infrastructure within it.
B. Eligible construction, installation, and maintenance expenses include planning; design; right-of-way and easement acquisition; environmental review; permitting; payment to consultants, construction contractors, and other third-party construction and maintenance entities; payment for planning, design, right-of-way acquisition, and environmental professionals; purchases of equipment, material, and supplies; reimbursement of direct City staff expenses; expenses associated with land acquisition or easements necessary for the construction or maintenance of the public infrastructure described herein; and other ancillary expenses related to the design, environmental clearance, permitting, construction, or maintenance of the public right-of-way and the infrastructure within it.
C. The City is hereby authorized to incur indebtedness in the form of bonds, notes, contractual obligations, or other evidences of indebtedness authorized by law to finance or refinance the costs of the construction, installation, maintenance, repair, reconstruction, replacement, and improvement authorized by this Expenditure Plan, and to pay any and all costs of issuing or incurring such indebtedness, to fund reserve funds, capitalized interest, costs of credit enhancement, costs of interest rate hedging arrangements, or any other financing costs Item 8B214
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associated with such indebtedness. Such indebtedness shall be solely payable from, and may be secured by a pledge and lien on, the proceeds of the tax levied and imposed hereunder.
D. Proceeds from the from the tax imposed by this chapter may be also be used to fund implementation of this chapter, including the annual audit of the Streets and Sidewalks Tax Fund and any stipends the City Council may approve for the Citizen Oversight Committee.
3.06.180 – Audit and Review. The proceeds of the tax imposed by this ordinance, as well as the expenditure thereof, shall be audited independently each year. The results of the audit shall be presented to the Citizen Oversight Committee at a meeting that is open to the public.
3.06.190 – Citizen Oversight Committee.
A. Establishment and Composition.
1. There is hereby established a Citizen Oversight Committee. Within three months after the City Council declares the result of an election approving this ordinance, the City Council shall appoint the members of the committee. The Committee shall consist of three members, each of whom shall be a resident of the City of Colfax. The City Council may by resolution adopt qualifications in addition to residency (e.g., no conflicts of interest; no City employment) for committee members. Members shall serve one-year terms. The City Council shall fill vacancies for unexpired terms. The City Council has discretion to remove committee members for cause.
2. If, after making a good-faith effort to identify City residents who are willing to serve on the Citizen Oversight Committee, the City Council is unable to appoint three members or fill a vacancy on the committee, the City Council shall adopt a resolution describing its efforts to recruit committee members and appointing one of its members to serve the unfilled seat on the committee. If the City Council subsequently identifies a resident who is willing to take over a seat filled by a councilmember, the City Council shall remove a councilmember from the committee and appoint the volunteer to the seat previously filled by a councilmember before the annual review of Streets and Sidewalks Tax Fund expenditures.
B. Duties. The Citizen Oversight Committee shall annually review expenditures from the Streets and Sidewalks Tax Fund established under section 3.06.170(A) of this chapter, together with the annual independent audit required by section 3.06.180 of this chapter. The committee shall report to the City Council on whether expenditures conformed to the purposes of the Expenditure Plan set forth in section 3.06.170 of this chapter. The report shall be a public record and shall be presented to the City Council at a public meeting.
C. Meetings and Records. The Citizen Oversight Committee is a legislative body subject to the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) and shall conduct its meetings and maintain its records accordingly.
D. Advisory Role. The Citizen Oversight Committee is advisory only. Nothing in this section authorizes the committee to direct, approve, or withhold any expenditure, and the review and reporting functions of the Committee are not a condition precedent to the expenditure of any proceeds of the tax.
Item 8B215
8 ord_7285.91_City Spec
(rev 07/17)
E. Effect of Noncompliance. The failure of the City Council to establish or appoint the Citizen Oversight Committee, or the failure of the committee to meet, review, or report, shall not affect the validity of the tax imposed by this ordinance or the authority of the City to expend its proceeds.
Section 2 – Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
Section 3 – Certification; Publication. Upon approval by the voters, the City Clerk shall certify the passage and adoption of this ordinance and shall cause it to be published according to law and transmitted to the California Department of Tax and Fee Administration.
The foregoing ordinance was introduced at a duly held regular meeting of the City Council of the City of Colfax on the 8th day of July 2026, and passed and adopted at a duly held regular meeting of the City Council on the ___ day of __________ 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Caroline McCully, Mayor
Attest:
Gabrielle Christakes, City Clerk
Item 8B216
_________________________________________________________________________________________ City of Colfax Resolution Calling Election on Transactions and Use Tax Resolution __-2026
448339.1
City of Colfax
City Council
Resolution № __-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLFAX ORDERING THE SUBMISSION
TO THE QUALIFIED VOTERS OF THE CITY A MEASURE TO APPROVE A LOCAL SPECIAL TRANSACTIONS AND USE TAX (SALES TAX) IN THE NOVEMBER 3, 2026, GENERAL ELECTION WHEREAS, the City of Colfax is responsible for constructing, improving, maintaining, repairing, and replacing public streets and roadways within the city;
WHEREAS, the City’s transportation infrastructure requires ongoing maintenance, repair, rehabilitation, and replacement to ensure public safety and mobility; WHEREAS, on January 10, 2018, the City adopted its 2018 Pavement Management Program, which was revised as of June 26, 2020;
WHEREAS, the City has experienced increasing costs associated with roadway construction, maintenance, repair, and replacement, while available transportation funding sources have remained limited and unpredictable;
WHEREAS, the City has insufficient revenue to address current and future roadway maintenance needs and the growing backlog of deferred roadway maintenance projects; WHEREAS, on May 27, 2026, the City Council adopted Resolution No. 18-2026 requesting that the general municipal election be consolidated with the statewide general election to be held on November 3, 2026, and requested assistance of the Placer County Registrar of Voters in conducting the election; WHEREAS, on May 27, 2026, the City Council by Resolution No. 20-2026 directed the City Manager to develop a revenue measure for street and road repair, replacement, and maintenance; WHEREAS, California Revenue and Taxation Code section 7285.91 authorizes the City to levy a one percent (1%) special transactions and use (sales) tax for the specific purpose of funding the construction, maintenance, repair, and replacement of streets, sidewalks, roadways, and any other public infrastructure located in the public right-of-way, including storm drains and sewers; WHEREAS, in order to levy such a tax, the ordinance imposing the tax must be approved by a twothirds vote of all members of the City Council and subsequently approved by a two-thirds vote of the qualified voters of the City voting in an election on the issue;
WHEREAS, the City Council desires to submit to the voters of the City, at the general municipal election to be held on November 3, 2026, an ordinance imposing a one percent (1%) transactions and use (sales) tax; and
Item 8B217
_________________________________________________________________________________________ City of Colfax Resolution Calling Election on Transactions and Use Tax Resolution __-2026
448339.1
WHEREAS, it is desirable that the election on the tax ordinance be consolidated with the statewide general election to be held on the same date, and that the Placer County Elections Office canvass the returns of the election and that the elections be held in all respects as if there were only one election; NOW THEREFORE, the City Council of the City of Colfax does hereby resolve, declare, determine and order as follows:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.
SECTION 2. This resolution supersedes Resolution No. 28-2026 of the City Council of the City of Colfax calling an election on a transactions and use tax. Resolution No. 28-2026 of the City Council of the City of Colfax is hereby vacated and void.
SECTION 3. Call of Election on Tax Measure. The City Council, pursuant to its right and authority, does order submitted to the voters at the general election to be held on November 3, 2026, the following question (the “Measure”):
Colfax Streets and Sidewalks Sales Tax
Shall the measure to fund construction, improvement,
maintenance, repair, and replacement of streets, sidewalks, and other infrastructure within the public right-of-way, including drainage and sewers, and administration of the measure, by adopting a 1% transactions and use (sales) tax providing approximately $1,864,000 annually until ended by voters, with independent audits, public spending disclosure, and a citizen oversight committee, and all funds spent locally, be adopted? YES
NO
The vote requirement for the Measure to pass is two-thirds (66.67%) of the votes cast. The referenced ordinance is attached hereto as Exhibit A and is incorporated in this resolution by this reference.
SECTION 4. Consolidation with Statewide General Election. Pursuant to Elections Code section 10402, the City Council hereby requests that the Placer County Board of Supervisors consolidate the election on the Measure with the statewide general election the Registrar of Voters will administer on November 3, 2026.
The City Council acknowledges and requests that the consolidated election be held and conducted in the manner prescribed in Elections Code section 10418. The ballots to be used in the election shall be in form and content as required by law.
The City Clerk is authorized and directed to work with the Placer County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and paraphernalia as needed to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Pursuant to Elections Code section 10002, the City will reimburse Placer County for the actual cost incurred in conducting the election upon receipt of a bill stating the amount due.
Item 8B218
_________________________________________________________________________________________ City of Colfax Resolution Calling Election on Transactions and Use Tax Resolution __-2026
448339.1
The notice of the time and place of holding the election is hereby given, and the City Clerk and Placer County Registrar of Voters are authorized to give further notice of the election, as required by law.
SECTION 5. Implementation. The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Placer and the Registrar of Voters of the County of Placer not later than August 7, 2026. The City Clerk is further authorized and directed to perform all other acts necessary or required by law to implement this Resolution and related to the election on the Measure.
SECTION 6. Impartial Analysis. The City Attorney shall prepare an impartial analysis of the Measure showing the effect of the measure on existing law and the operating of the measure. The impartial analysis shall be filed by the date set by the City Clerk.
SECTION 7. Ballot Arguments. Members of the City Council are hereby authorized to prepare a written argument, not to exceed 300 words, in favor of the measure on behalf of the City Council, as specified in section 9282 of the Elections Code. Arguments against the measure may not exceed 300 words and must be submitted to the City Clerk in compliance with sections 9282 and 9283 of the California Elections Code by the deadline established by the City Clerk. Rebuttal arguments are authorized and may not exceed 250 words and must be submitted to the City Clerk as specified in section 9285 of the Elections Code.
Deadlines for filing arguments for and against the Measure and rebuttal arguments are as follows:
a. Printed arguments shall be titled either “Argument In Favor Of Measure” or “Argument Against Measure.” Arguments in favor of or in opposition to the Measure shall be filed with the City Clerk at 33 South Main Street, Colfax, California not later than Friday, July 31, 2026 at 5:00 p.m. b. The primary arguments that will be submitted to voters will be available for review at Colfax City Hall or upon request to the City Clerk on Friday, August 7, 2026. c. Printed rebuttal arguments shall be titled either "Rebuttal; Argument In Favor Of Measure” and “Rebuttal; Argument Against Measure”. Rebuttal arguments shall be filed with the City Clerk at 33 South Main Street, Colfax, California not later than Thursday, August 13, 2026 at 5:00 p.m. d. If more than one argument for or more than one argument against the Measure is submitted, the City Clerk shall select one of the arguments in favor and one of the arguments against the measure, as set forth in Elections Code section 9287.
SECTION 8. Certification. The City Clerk shall certify passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.
THE FOREGOING RESOLUTION WAS DULY AND REGULARLY ADOPTED at the Regular Meeting of the City Council of the City of Colfax held on the 8th day of July, 2026, by the following vote of the Council:
Item 8B219
_________________________________________________________________________________________ City of Colfax Resolution Calling Election on Transactions and Use Tax Resolution __-2026
448339.1
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________________
Caroline McCully, Mayor
ATTEST:
________________________________________
Gabrielle Christakes, City Clerk
Item 8B220