AGENDA
Regular City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, February 8, 2022
Closed Session: 6:00 p.m.
Open Session: 7:00 p.m.
City Hall is now open to the public for business. The City Council Chamber is OPEN to the public for City Council meetings, using the current COVID-19 prevention provisions.
City Council meetings will also be available to view and participate via Zoom. Please read Page 4 of this agenda packet for Zoom login and participation information.
Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.
Agendas for Special Meetings are posted 24 hours prior to the meeting.
Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the city website at www.CityofChowchilla.org.
The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665-8615, ext. 102 at least 4 days prior to a regular meeting, 1 day for a special meeting.
CALL TO ORDER/ROLL CALL:
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present at the meeting will be noted in the minutes.
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
PUBLIC ADDRESS – CLOSED SESSION
This time is reserved for members of the audience to address the City Council on items listed on the Closed Session agenda only. It is recommended that speakers limit their comments to no more than 3 minutes each.
CLOSED SESSION – 6:00 PM
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Pursuant to Government Code Section 54957
Title: Police Chief
City Council Meeting Agenda February 8, 2022
2. PUBLIC EMPLOYEE APPOINTMENT – Pursuant to Government Code Section 54957 Title: Police Chief
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Josh Absher
CLOSED SESSION REPORT:
PRESENTATIONS/WORKSHOP - Section 1
1.1 Certificate of Recognition – Stella Jain
1.2 Oath of Office – Kerri Williams, Finance Director
PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.
It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda.
Members of the public who are joining the meeting via Zoom and would like to address the Council on items on the agenda should follow the policy on page 4 of this agenda packet.
The Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the Council does not respond to public comment at this time.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3
3.1 Approval of the January 25, 2022 City Council/Redevelopment Successor Agency Meeting Minutes (McClendon)
3.2 Consideration and Approval of the January 2022 Check Register Report (Pruett)
3.3 Consideration and Adoption of a City Council Resolution Authorizing Continued Use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)
City Council Meeting Agenda February 8, 2022
3.4 Consideration and Adoption of a City Council Resolution Approving a Lease Agreement with the Chowchilla District Chamber of Commerce (Wisener) PUBLIC HEARINGS – Section 4
4.1 Introduction, First Reading with Option to Waive the First Reading of an Ordinance Amending Title 6, Animals, of the City of Chowchilla Municipal Code (Hamilton) DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Authorizing the Submittal of Application(s) for all CalRecycle Grant and Payment Programs for Which the City of Chowchilla is Eligible (Rogers)
6.2 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
ANNOUNCEMENTS – Section 7
FEB 16 PLANNING COMMISSION MEETING, CITY HALL, 7:00 PM
FEB 22 CITY COUNCIL MEETING, CITY HALL, 7:00 PM
FEB 26 EDWARD RAY DAY
CAF HALL OF FAME DINNER, CHOWCHILLA FAIRGROUNDS, 7:00 PM
ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 4th day of February, 2022 at or before 4:00pm.
Joann McClendon, CMC, City Clerk
*SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION DUE TO
COVID-19*
Public meetings are still open to the public to attend in-person.
However, if you wish to attend remotely, please read the message below.
Consistent with AB 361 and Government Code section 54953, this meeting will be held remotely. Members of the public may access the meeting using the following information:
Zoom login instructions
Use the following url to start Zoom:
https://us06web.zoom.us/j/82588521164?pwd=SzJkNDZjN21YZGlQR2p4Z3p4TVlWdz09 Passcode: 30 39 39
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 825 8852 1164
Passcode: 30 39 39
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and to make sure you have optimal internet connection.
Options to participate / view / and listen to the meeting:
• If you wish to speak to the Committee on an item using the Zoom platform on your computer/laptop or smart phone, please use the “raise hand” icon and you will be unmuted when it is your turn to speak.
Please provide your name when unmuted. You will be able to speak to the Committee for up to 3 minutes.
• If you are calling in to the meeting only (no camera/video) and you wish to make a comment, press *9 to “raise your hand” and *6 to unmute yourself.
CERTIFICATE !!I RECOGNITION
This certificate is herby awarded to
For being an active community member of the youth in Chowchilla and demonstrating great leadership skills by expressing concern for issues and suggesting remedies and solutions.
Date Mayor John Chavez, City of Chowchilla
MINUTES
Regular City Council/ Redevelopment
Successor Agency Joint Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, January 25, 2022
NO CLOSED SESSION
Open Session: 6:00 p.m.
CALL TO ORDER/ROLL CALL:
Mayor/Chair: John Chavez
Mayor Pro Tem/Vice Chair: Ray Barragan
Council/Board Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Chief David A. Riviere, Jr., Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Recreation & Community Outreach Manager Stacy Wisener, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
Motion by Council Member Ahmed, Seconded by Council Member Smith to Approve the Agenda as Amended, cancelling the Oath of Office until the following meeting. Motion passed unanimously by roll call vote.
OPEN SESSION – 6:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Mr. Steve Burke
PRESENTATIONS/WORKSHOP - Section 1
1.1 Oath of Office – Kerri Williams, Finance Director
PUBLIC ADDRESS
No one spoke.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Ahmed attended the Chowchilla District Chamber of Commerce’s Annual Community Awards Dinner where he was the recipient of the Community Support and Leadership Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
City Council/RSA Meeting Minutes January 25, 2022
award. He also attended the Madera County LAFCO meeting of which he was elected Chair of the Board for 2022.
Council Member Smith attended the Annual Chowchilla Stampede Dinner.
Mayor Chavez attended the Chowchilla District Chamber of Commerce Dinner, the Stampede Dinner and went to San Francisco with his children to walk in the Walk for Life event.
Council Member Palmer attended the CAPMC, MCTC, Measure T Renewal meetings, a measure that helps repair our local roads. She also attended the Chowchilla District Chamber of Commerce Dinner, the Regional Early Action Planning for Housing and San Joaquin Valley Air Board meetings. She had approached the Mayor about continuing the Beautify Chowchilla event for the Spring. She commented on the road on Kings where PG&E tore up, if PG&E is planning on coming back to repair it. Public Works Director noted that PG&E should be returning to make the repair, he will contact PG&E to get an update on when that will occur.
2.2 STAFF VERBAL REPORTS
City Administrator Pruett reported that he attended a weekly meeting with regional executives regarding COVID-19; met with NBS over the development impact fee study where a couple of adjustments were made; met with the County and Larry Kosmot to discuss EIFD (Enhanced Infrastructure Finance Districts); met with the bargaining units regarding the compensation study and labor negotiations; attended an Oversight Board with the County over ROPS; attended the Measure T Steering Committee; met with IT and the City and County of Madera with APEX Technology, to focus on cyber intrusions; met with Rancho Calera where another press release and possible interview with ABC30 will be completed regarding the development project; the Finance Department is still working on the audit and trying to get Tyler implemented.
Fire Chief Gaumnitz reported that as he was in quarantine, the Fire Department staff stepped up in a big way and wanted to thank them for their efforts.
Police Chief Riviere updated the Council on the Police Department fencing project.
Public Works Director Rogers attended the Measure T Renewal Steering Committee meeting.
MCTC has a website related to the renewal where people can provide comments regarding the renewal. He and his staff are currently working on the Clean California Local Grant application to request funding for pedestrian improvements such as sidewalk infill, intersection bulbouts, enhanced crosswalks, rapid flashing beacons and lighting throughout the downtown corridor. The application is due February 1st with Caltrans announcing grant awards in March 2022. Chief Riviere did a good job covering the current status of the Police Department fencing project of which we are making good progress again. Finally, Madera County Transportation Commission is seeking applications to serve on the Measure T Citizens Oversight Committee. They currently have 4 open positions, which includes a vacancy in District 2 that covers northern Madera County, including Chowchilla. If you know anyone interested, please have them contact MCTC.
Community & Economic Development Director Hamilton has been meeting with a number of developers and potential applicants for projects. He attended the Chowchilla District Chamber of Commerce Annual Dinner.
CONSENT CALENDAR – Section 3
3.1 Approval of the January 11, 2022 City Council Meeting Minutes (McClendon) City Council/RSA Meeting Minutes January 25, 2022
3.2 a) Consideration and Adoption of a City Council Resolution (03-22) Approving the Annual Recognized Obligation Payment Schedule for the Period from July 1, 2021 Through June 30, 2022 on Behalf of the Successor Agency for the Chowchilla Redevelopment Agency (Pruett)
b) A Redevelopment Successor Agency Resolution (01-22) Approving the Annual Recognized Obligation Payment Schedule for the Period from July 1, 2021 Through June 30, 2022 (Pruett)
Motion by Council/Board Member Smith, Seconded by Council/Board Member Ahmed to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
PUBLIC HEARINGS – Section 4
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Awarding the Police Department Water Pipe Rehabilitation Project to Divcon, Inc. in the Amount of $253,067.08 and Authorizing the City Administrator or Designee to Execute all Related Documents Thereto (Rogers)
Motion by Council Member Ahmed, Seconded by Council Member Palmer to Approve City Council Resolution #04-22, Awarding the Police Department Water Pipe Rehabilitation Project to Divcon, Inc. in the Amount of $253,067.08 and Authorizing the City Administrator or Designee to Execute all Related Documents Thereto. Motion passed unanimously by roll call vote.
6.2 Consideration and Adoption of a City Council Resolution Approving Parcel Map No. 21-007 (Hamilton)
Motion by Council Member Smith, Seconded by Mayor Chavez to Approve City Council Resolution #05-22, Approving Parcel Map No. 21-007. Motion passed unanimously by roll call vote.
6.3 Consideration and Adoption of a City Council Resolution Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto From the 2020-2021 Funding Year of the State Community Development Block Grant (CDBG) Program (Hamilton)
Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Barragan to approve City Council Resolution #06-22, Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto From the 2020-2021 Funding Year of the State Community Development Block Grant (CDBG) Program. Motion passed unanimously by roll call vote.
6.4 Consideration and Adoption of a City Council Resolution Approving Final Map and Subdivision Agreement for Subdivision No. 21-0009, Oleander Terrace, and Authorizing the Mayor to Sign the Subdivision Agreement (Hamilton) City Council/RSA Meeting Minutes January 25, 2022
The City Council requested to amend the agreement bulleted item number 24 as follows:
24.Owner agrees to defray its fair share of costs for municipal services related to Subdivision No. 21-0009 Oleander Terrace prior to the filing of the first Certificate of Occupancy for Subdivision No. 21-0009 Oleander Terrace. City shall determine the mechanism for defraying such costs for Subdivision No. 21-0009, which may be participating in a Community Facilities District and/or Owner entering into a separate financing agreement. Owner agrees to assist City in such efforts to establish a cost defraying mechanism, which shall be completed prior to filing the first Certificate of Occupancy for the Subdivision.
Motion by Council Member Ahmed, Seconded by Council Member Smith to Approve City Council Resolution #07-22, Approving Final Map and Subdivision Agreement for Subdivision No. 21-0009, Oleander Terrace, and Authorizing the Mayor to Sign the Subdivision Agreement, as Amended.
Motion passed unanimously by roll call vote.
6.5 Informational Only – Project Management Program Quarterly Update (Pruett)
6.6 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
ANNOUNCEMENTS – Section 7
FEB 8 CITY COUNCIL MEETING, CITY HALL, 7:00 PM
ADJOURNMENT
Mayor Chavez Adjourned the January 25, 2022 Joint City Council/Redevelopment Successor Agency Meeting at 6:46 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor John Chavez
REPORT TO THE CITY COUNCIL
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 8, 2022
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Check list report
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Informational only. The invoices paid are shown in the attached listing of invoices.
BACKGROUND:
Presented this evening is a list of invoices paid in January 2022.
REASON FOR RECOMMENDATION:
Informational item only.
FISCAL IMPACT:
Each item shown on the invoice list includes a description of that item and the amount of the invoice.
ALTERNATIVES:
Not applicable.
ACTIONS FOLLOWING APPROVAL:
None.
2/3/2022 4:34:22 PM Page 1 of 5
Check Report
Chowchilla, CA By Check Number
Date Range: 01/01/2022 - 01/31/2022
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: Pooled Cash General-Pooled Cash General
01126 Divcon Inc. 01/05/2022 Regular 0.00 199,352.62 62193 9756 State Water Resources Control 01/05/2022 Regular 0.00 39,560.00 62194 296 Alert-O-Lite Inc. 01/05/2022 Regular 0.00 213.14 62195 2131 Chowchilla DoIt Best 01/05/2022 Regular 0.00 30.44 62196 3711 Farmers Hardware 01/05/2022 Regular 0.00 28.81 62197 12212 Fastenal Company 01/05/2022 Regular 0.00 19.41 62198 5631 Kelly Moore Paint Company Inc. 01/05/2022 Regular 0.00 291.65 62199 6346 Madera Tribune 01/05/2022 Regular 0.00 1,193.50 62200 12282 Mid Valley Disposal Inc. 01/05/2022 Regular 0.00 4,107.17 62201 7281 NBS Government Finance 01/05/2022 Regular 0.00 7,213.66 62202 11956 Occupational Health Centers of 01/05/2022 Regular 0.00 98.00 62203 7516 Office Depot, Inc. 01/05/2022 Regular 0.00 276.34 62204 8161 Quad Knopf, Inc. 01/05/2022 Regular 0.00 4,297.85 62205 13430 Riggs Ambulance Service 01/05/2022 Regular 0.00 325.00 62206 13801 Salters Distributing Inc 01/05/2022 Regular 0.00 52,500.00 62207 12487 Smith Truck Repair 01/05/2022 Regular 0.00 1,180.45 62208 9376 Sparkletts 01/05/2022 Regular 0.00 46.90 62209
10111 Terryberry 01/05/2022 Regular 0.00 285.37 62210
01181 Tina Johnese 01/05/2022 Regular 0.00 250.00 62211 10756 Verizon Wireless 01/05/2022 Regular 0.00 2,480.93 62212 16 A & R Refrigeration Inc. 01/26/2022 Regular 0.00 434.78 62213 196 AFLAC 01/26/2022 Regular 0.00 1,442.02 62214
296 Alert-O-Lite Inc. 01/26/2022 Regular 0.00 213.14 62215 12181 American Fidelity 01/26/2022 Regular 0.00 4,998.66 62216 446 Anderson Pump Co 01/26/2022 Regular 0.00 211.11 62217 526 Applied Industrial Tech 01/26/2022 Regular 0.00 1,294.66 62218 646 AT & T 01/26/2022 Regular 0.00 1,447.56 62219
691 A-Z Bus Sales Inc. 01/26/2022 Regular 0.00 171.43 62220 13484 Badger Meter Inc. 01/26/2022 Regular 0.00 66.72 62221 986 Best Uniforms 01/26/2022 Regular 0.00 1,960.98 62222 1111 Blue Shield of California 01/26/2022 Regular 0.00 72,965.44 62223 13788 Bogie's Pump System 01/26/2022 Regular 0.00 12,892.63 62224 13732 Brandley Engineering, Inc. 01/26/2022 Regular 0.00 3,184.50 62225 1281 BSK Associates 01/26/2022 Regular 0.00 1,441.00 62226 01105 California Aquastore 01/26/2022 Regular 0.00 3,500.00 62227 1591 California Rural Water Association 01/26/2022 Regular 0.00 1,435.00 62228 1856 CDW Government, Inc. 01/26/2022 Regular 0.00 1,953.98 62229 2131 Chowchilla DoIt Best 01/26/2022 Regular 0.00 260.55 62230 2136 Chowchilla Employees Assn. 01/26/2022 Regular 0.00 210.00 62231 12408 Chowchilla Mid-Management 01/26/2022 Regular 0.00 220.00 62232 2166 Chowchilla Office 01/26/2022 Regular 0.00 135.00 62233 2171 Chowchilla Peace Officers 01/26/2022 Regular 0.00 1,118.00 62234 11535 Complete Paperless Solutions, LLC 01/26/2022 Regular 0.00 8,277.00 62235 2446 Consolidated Electrical 01/26/2022 Regular 0.00 1,152.13 62236 2511 Cook's Communication Corp 01/26/2022 Regular 0.00 10,105.01 62237 11578 Covanta Stanislaus, Inc. 01/26/2022 Regular 0.00 386.13 62238 2636 CPS Human Resources 01/26/2022 Regular 0.00 23,630.00 62239 13658 De Lange Landen Financial Services Inc. 01/26/2022 Regular 0.00 1,445.73 62240 3031 Department of Justice/Acc 01/26/2022 Regular 0.00 390.00 62241 3066 Department of Transportation 01/26/2022 Regular 0.00 306.38 62242 3291 Don's Mobile Glass Inc. 01/26/2022 Regular 0.00 799.00 62243 3676 Ewing Irrigation Products Inc. 01/26/2022 Regular 0.00 2,049.24 62244 3711 Farmers Hardware 01/26/2022 Regular 0.00 326.35 62245 12212 Fastenal Company 01/26/2022 Regular 0.00 635.05 62246 Check Report Date Range: 01/01/2022 - 01/31/2022
2/3/2022 4:34:22 PM Page 2 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 3836 Fitness Peak 01/26/2022 Regular 0.00 140.00 62247
4371 Gladwell Governmental Services 01/26/2022 Regular 0.00 500.00 62248 4616 Grover Landscape Services Inc. 01/26/2022 Regular 0.00 5,678.91 62249 11444 H & H Engineering Construction Inc. 01/26/2022 Regular 0.00 215.00 62250 13283 H & R Families Inc. 01/26/2022 Regular 0.00 124.00 62251 12225 Home Depot Credit Services 01/26/2022 Regular 0.00 1,291.26 62252 5391 Jim Brisco Enterprises Inc 01/26/2022 Regular 0.00 14,298.19 62253 6626 Joann McClendon 01/26/2022 Regular 0.00 199.77 62254 5441 Jocelyn E. Roland, PH.D. 01/26/2022 Regular 0.00 475.00 62255 01161 Jo's Auto Repair 01/26/2022 Regular 0.00 1,228.88 62256 5626 Kellogg Supply 01/26/2022 Regular 0.00 129.73 62257 5861 Law & Associates Investigations 01/26/2022 Regular 0.00 600.00 62258 6191 Mace Pest Control 01/26/2022 Regular 0.00 80.00 62259 11652 Mallory Safety and Supply, LLC 01/26/2022 Regular 0.00 1,305.09 62260 13679 Michael Baker International Inc. 01/26/2022 Regular 0.00 3,786.25 62261 1211 Michael Breashears Jr. 01/26/2022 Regular 0.00 80.00 62262 12282 Mid Valley Disposal Inc. 01/26/2022 Regular 0.00 213,259.09 62263 11417 Municipal Code Corporation 01/26/2022 Regular 0.00 510.00 62264 13311 Municipal Maintenance 01/26/2022 Regular 0.00 2,187.93 62265 13179 National Emergency Number Association 01/26/2022 Regular 0.00 142.00 62266 13683 Navia Benefit Solutions 01/26/2022 Regular 0.00 69.80 62267 7281 NBS Government Finance 01/26/2022 Regular 0.00 13,739.33 62268 13461 Nicolas Sylvester 01/26/2022 Regular 0.00 479.91 62269 11956 Occupational Health Centers of 01/26/2022 Regular 0.00 206.50 62270 7516 Office Depot, Inc. 01/26/2022 Regular 0.00 647.04 62271 11772 PARS 01/26/2022 Regular 0.00 478.03 62272
7966 Platt Electrical Supply 01/26/2022 Regular 0.00 982.60 62273 8081 PROtech Security & Electronics Inc. 01/26/2022 Regular 0.00 2,699.18 62274 11432 Prudential Overall Supply 01/26/2022 Regular 0.00 1,071.29 62275 11432 Prudential Overall Supply 01/26/2022 Regular 0.00 -1,071.29 62275 12283 R & R Pool Service 01/26/2022 Regular 0.00 147.40 62276 8241 Rahn's Fire Safety Services 01/26/2022 Regular 0.00 758.04 62277 8796 S & W Auto Parts Inc. 01/26/2022 Regular 0.00 591.06 62278 8896 San Diego Police Equipment Co. 01/26/2022 Regular 0.00 1,880.29 62279 8906 San Joaquin Valley Air 01/26/2022 Regular 0.00 577.00 62280 9206 Self Help Enterprises 01/26/2022 Regular 0.00 1,268.00 62281 9376 Sparkletts 01/26/2022 Regular 0.00 50.38 62282
9756 State Water Resources Control 01/26/2022 Regular 0.00 200.00 62283 9791 Steves Chevrolet of Chowchilla 01/26/2022 Regular 0.00 2,838.18 62284 12594 Super Circuits Inc. 01/26/2022 Regular 0.00 1,070.97 62285 2046 Superior Pool Products, LLC 01/26/2022 Regular 0.00 1,087.48 62286 10111 Terryberry 01/26/2022 Regular 0.00 380.42 62287
10131 TF Tire & Service 01/26/2022 Regular 0.00 1,817.20 62288 13341 TJKM Transportation Consultants 01/26/2022 Regular 0.00 713.31 62289 12044 U.S. Bank (PARS) 01/26/2022 Regular 0.00 319.62 62290 10571 US BANK (CAL-CARD) 01/26/2022 Regular 0.00 255.96 62291 10911 Vulcan Materials 01/26/2022 Regular 0.00 1,275.97 62292 12327 Watch Guard Video 01/26/2022 Regular 0.00 1,647.56 62293 11031 West Coast Arborists Inc. 01/26/2022 Regular 0.00 3,000.00 62294 13090 Yamabe and Horn Engineering Inc. 01/26/2022 Regular 0.00 7,983.25 62295 11381 Zoom Imaging Solutions, Inc. 01/26/2022 Regular 0.00 244.74 62296 11432 Prudential Overall Supply 01/26/2022 Regular 0.00 1,071.30 62297 12575 Rod Pruett 01/26/2022 Regular 0.00 296.00 62298
296 Alert-O-Lite Inc. 01/30/2022 Regular 0.00 1,008.61 62299 646 AT & T 01/30/2022 Regular 0.00 1,122.54 62300
1111 Blue Shield of California 01/30/2022 Regular 0.00 78,122.67 62301 1281 BSK Associates 01/30/2022 Regular 0.00 1,058.00 62302 1496 California Building Standards 01/30/2022 Regular 0.00 315.00 62303 2131 Chowchilla DoIt Best 01/30/2022 Regular 0.00 345.09 62304 13092 CivicPlus, Inc. 01/30/2022 Regular 0.00 9,448.66 62305 2446 Consolidated Electrical 01/30/2022 Regular 0.00 598.44 62306 Check Report Date Range: 01/01/2022 - 01/31/2022
2/3/2022 4:34:22 PM Page 3 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 3011 Department of Conservation 01/30/2022 Regular 0.00 615.83 62307 3036 Department of Justice/Acc B/A 01/30/2022 Regular 0.00 70.00 62308 01185 ESO Solutions Inc. 01/30/2022 Regular 0.00 2,656.34 62309 3711 Farmers Hardware 01/30/2022 Regular 0.00 452.21 62310 **Void** 01/30/2022 Regular 0.00 0.00 62311
12212 Fastenal Company 01/30/2022 Regular 0.00 138.45 62312 3736 Ferguson Enterprises, Inc. 01/30/2022 Regular 0.00 259.56 62313 13089 Gideon Pest Control 01/30/2022 Regular 0.00 25.00 62314 4616 Grover Landscape Services Inc. 01/30/2022 Regular 0.00 2,176.00 62315 11444 H & H Engineering Construction Inc. 01/30/2022 Regular 0.00 215.00 62316 12446 Healthwise Services 01/30/2022 Regular 0.00 339.00 62317 12994 Ingraham Trophies 01/30/2022 Regular 0.00 50.84 62318 5631 Kelly Moore Paint Company Inc. 01/30/2022 Regular 0.00 188.97 62319 01162 Kimberlee Klomp 01/30/2022 Regular 0.00 292.89 62320 6126 Lozano Smith, LLP 01/30/2022 Regular 0.00 15,245.39 62321 6191 Mace Pest Control 01/30/2022 Regular 0.00 80.00 62322 6271 Madera County Economic 01/30/2022 Regular 0.00 8,590.94 62323 11836 Madera Irrigation District 01/30/2022 Regular 0.00 2,500.00 62324 13445 Mark Hamilton 01/30/2022 Regular 0.00 185.00 62325 13445 Mark Hamilton 01/30/2022 Regular 0.00 51.00 62326 01186 Merced County Dept of Admin Services 01/30/2022 Regular 0.00 605.00 62327 13679 Michael Baker International Inc. 01/30/2022 Regular 0.00 2,977.50 62328 12282 Mid Valley Disposal Inc. 01/30/2022 Regular 0.00 1,115.17 62329 11445 MuniServices LLC 01/30/2022 Regular 0.00 40,277.20 62330 7176 Myers Stevens & Toohey & Co Inc 01/30/2022 Regular 0.00 881.70 62331 7281 NBS Government Finance 01/30/2022 Regular 0.00 1,500.00 62332 7516 Office Depot, Inc. 01/30/2022 Regular 0.00 1,111.18 62333 12907 O'Reilly Auto Parts, LLC 01/30/2022 Regular 0.00 78.47 62334 13790 PACE Supply Corp 01/30/2022 Regular 0.00 -11,364.77 62335 13790 PACE Supply Corp 01/30/2022 Regular 0.00 11,364.77 62335 7671 Pacific Gas & Electric 01/30/2022 Regular 0.00 -12,972.05 62336 7671 Pacific Gas & Electric 01/30/2022 Regular 0.00 12,972.05 62336 13466 PacWest Direct 01/30/2022 Regular 0.00 5,841.57 62337 12355 PB Loader Corp 01/30/2022 Regular 0.00 296.25 62338 7966 Platt Electrical Supply 01/30/2022 Regular 0.00 140.36 62339 11482 Price Paige & Company 01/30/2022 Regular 0.00 2,182.00 62340 8031 Principal Financial Group 01/30/2022 Regular 0.00 17,461.85 62341 11612 ProClean Supply 01/30/2022 Regular 0.00 458.74 62342 8081 PROtech Security & Electronics Inc. 01/30/2022 Regular 0.00 4,547.18 62343 11432 Prudential Overall Supply 01/30/2022 Regular 0.00 1,174.09 62344 **Void** 01/30/2022 Regular 0.00 0.00 62345
12269 Purl's Sheet Metal & Air Conditioning 01/30/2022 Regular 0.00 553.88 62346 12283 R & R Pool Service 01/30/2022 Regular 0.00 130.00 62347 11802 Rancho Calera, LLC 01/30/2022 Regular 0.00 -143.00 62348 11802 Rancho Calera, LLC 01/30/2022 Regular 0.00 143.00 62348 12990 Ray Barragan 01/30/2022 Regular 0.00 323.06 62349 12575 Rod Pruett 01/30/2022 Regular 0.00 185.00 62350
12575 Rod Pruett 01/30/2022 Regular 0.00 51.00 62351
1136 Silva Ford Madera 01/30/2022 Regular 0.00 1,088.90 62352 12487 Smith Truck Repair 01/30/2022 Regular 0.00 3,190.15 62353 9376 Sparkletts 01/30/2022 Regular 0.00 4.99 62354
12950 Stage Stop Gun Shop 01/30/2022 Regular 0.00 1,029.38 62355 9756 State Water Resources Control 01/30/2022 Regular 0.00 323.00 62356 9756 State Water Resources Control 01/30/2022 Regular 0.00 -23,208.11 62357 9756 State Water Resources Control 01/30/2022 Regular 0.00 23,208.11 62357 9791 Steves Chevrolet of Chowchilla 01/30/2022 Regular 0.00 18.30 62358 9951 T & T Pavement Markings & 01/30/2022 Regular 0.00 88.74 62359 10131 TF Tire & Service 01/30/2022 Regular 0.00 2,809.52 62360 13027 Thomas Hollier 01/30/2022 Regular 0.00 288.53 62361 13341 TJKM Transportation Consultants 01/30/2022 Regular 0.00 1,480.95 62362 11537 Toshiba Financial Services 01/30/2022 Regular 0.00 381.71 62363 Check Report Date Range: 01/01/2022 - 01/31/2022
2/3/2022 4:34:22 PM Page 4 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 13485 Toyota Material Handling 01/30/2022 Regular 0.00 556.00 62364 13517 Tyler Technologies, Inc. 01/30/2022 Regular 0.00 15,236.25 62365 11724 Union Bank PARS-#6746022400 01/30/2022 Regular 0.00 -478.03 62366 11724 Union Bank PARS-#6746022400 01/30/2022 Regular 0.00 478.03 62366 10571 US BANK (CAL-CARD) 01/30/2022 Regular 0.00 10,386.63 62367 **Void** 01/30/2022 Regular 0.00 0.00 62368
10581 USA Bluebook 01/30/2022 Regular 0.00 229.91 62369 13745 Van De Pol Enterprises 01/30/2022 Regular 0.00 19,380.71 62370 10756 Verizon Wireless 01/30/2022 Regular 0.00 2,473.60 62371 12021 Volkmar, Jerry 01/30/2022 Regular 0.00 496.76 62372 12767 Waseem Ahmed 01/30/2022 Regular 0.00 323.06 62373 12483 Water Connection Inc. 01/30/2022 Regular 0.00 755.59 62374 01179 West Coast Pet Memorial Service 01/30/2022 Regular 0.00 170.80 62375 12757 West Valley Construction, Inc. 01/30/2022 Regular 0.00 14,202.65 62376 13090 Yamabe and Horn Engineering Inc. 01/30/2022 Regular 0.00 37,863.61 62377 11361 Zee Medical Service Company 01/30/2022 Regular 0.00 1,035.39 62378 11381 Zoom Imaging Solutions, Inc. 01/30/2022 Regular 0.00 303.71 62379 13790 PACE Supply Corp 01/30/2022 Regular 0.00 11,418.18 62380 11772 PARS 01/30/2022 Regular 0.00 478.03 62381
9756 State Water Resources Control 01/30/2022 Regular 0.00 25,528.92 62382 13090 Yamabe and Horn Engineering Inc. 01/30/2022 Regular 0.00 143.00 62383 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Pooled Cash General Summary
Bank Drafts
EFT's
188
0 9
0 0
0.00 0.00
0.00 0.00
0.00 197 0.00
Payment
1,178,784.89
0.00 -49,237.25
0.00 0.00
1,129,547.64
Payable
Count
472
0 0
0 0
472
Check Report Date Range: 01/01/2022 - 01/31/2022
2/3/2022 4:34:22 PM Page 5 of 5
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
188
0 9
0 0
0.00 0.00
0.00 0.00
0.00 197 0.00
1,178,784.89
0.00 -49,237.25
0.00 0.00
1,129,547.64
472
0 0
0 0
472
Fund Name Period Amount
Fund Summary
999 Pooled Cash 1/2022 1,129,547.64
1,129,547.64
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 8, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Authorizing Continued Use of Remote Teleconferencing Provisions Pursuant to AB 361 and Government Code Section 54953
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopt a resolution authorizing the continued use of remote teleconferencing provisions pursuant to AB 361 and Government Code section 54953.
BACKGROUND:
On September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances:
(A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; or (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
REASON FOR RECOMMENDATION:
In order for the City Council to continue use of teleconferencing as allowed by AB 361, it must first adopt the resolution allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days. In addition, AB 361 requires the City to continue to make specified findings every thirty (30) days thereafter. The last time this was presented on the agenda was January 11, 2022, or, 28 days ago.
FISCAL IMPACT:
None foreseen at time of report.
ALTERNATIVES:
Not adopt the resolution and revert to the original Brown Act rules for posting agendas when a member of the council remotely joins a City Council meeting.
ACTIONS FOLLOWING APPROVAL:
Continue to place the item on the City Council meeting agenda every 30-days to continue with the AB361 guidelines without disruption.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361 AND GOVERNMENT CODE SECTION 54953)
WHEREAS, the City Council of the City of Chowchilla (“City Council”) is committed to open and transparent government, and full compliance with the Ralph M. Brown Act (“Brown Act”); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the City Council recognizes that a local emergency persists due to the worldwide COVID-19 pandemic; and
WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, in order for the City Council to use teleconferencing as allowed by AB 361 after October 1, 2021, it must first adopt findings in a resolution, allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled “Proclamation of a State of Emergency,” signed March 4, 2020; and/or
WHEREAS, the California Occupational and Safety Health Administration (OSHA) continues to recommend certain social distancing requirements, as described in detail in California Code of Regulations Title 8, section 3205 Covid Prevention; and/or WHEREAS, Madera County Health Officer, Dr. Simon Paul issued a letter on October 8, 2021 recommending physical distancing measures by way of utilizing teleconferencing options for public meetings to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 virus; and
WHEREAS, on January 11, 2022, December 14, 2021, November 23, 2021, and October 26, 2021, the City Council continued use of the remote teleconferencing provisions originally adopted on September 28, 2021; and
WHEREAS, the City Council hereby finds that the state and local emergencies have caused and will continue to cause imminent risks to the health or safety of attendees; and WHEREAS, the City Council is conducting its meetings through the use of telephonic and internet-based services so that members of the public may observe and participate in meetings and offer public comment.
NOW THEREFORE, BE IT RESOLVED, that the recitals set forth above are true and correct and fully incorporated into this Resolution by reference.
BE IT FURTHER RESOLVED, that the City Council is conducting meetings during a state of emergency and the County of Madera and OSHA recommend measures to promote social distancing.
BE IT FURTHER RESOLVED, that the City Council has determined that given the state of emergency, holding in-person only meetings would present imminent risks to the health or safety of attendees.
BE IT FURTHER RESOLVED, that the actions taken by the City Council through this resolution shall be applied to all City committees governed by the Brown Act unless otherwise desired by that committee.
BE IT FURTHER RESOLVED, the City Council authorizes the City Manager or their designee(s) to continue to take all actions necessary to conduct City Council meetings in accordance with AB 361 and Government Code section 54953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thirty (30) days from the adoption of this Resolution after which the City Council will again reconsider the circumstances of the state of emergency.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 8th day of February, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 3.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 8, 2022
AGENDA SECTION: Consent
SUBJECT: Resolution Approving and Authorizing Mayor to Enter Lease Agreement with the Chowchilla District Chamber of Commerce for the use of Public Property
PREPARED BY: Stacy Wisener, Recreation/Community Outreach Manager ATTACHMENTS: Resolution, Agreement
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff Recommends to approve the attached lease agreement with the Chowchilla District Chamber of Commerce and authorize the Mayor to execute the agreement.
BACKGROUND:
Since 1965, business owners, civic leaders, and entrepreneurs have joined together to grow the economy and serve the community of Chowchilla through the Chowchilla District Chamber of Commerce ("Chamber"). The Chamber consists of businesses, civil and social organizations, and individuals interested in maintaining Chowchilla's heritage and growing the local economy. The Chamber also operates a Visitor's Center and assists merchants, businesses, and the City, with tourism, economic development, and events. These services are commercial activities that are of significant value for business development within the City of Chowchilla.
Pursuant to Government Code Section 37395, the City is authorized to lease property owned, held, or controlled by it or by any of its Departments for commercial activities that support the development of business, subject to certain limitations when it determines by ordinance or resolution that the property is not needed for other City purposes.
The City has historically leased space to the Chamber where the Chamber conducts its activities in exchange for the above services and benefits. The attached agreement allows the Chamber to remain at 137 S. Third Street for the next 36 months. The Chamber is not required to pay rent to the City other than the benefits and services discussed above. The Chamber, however, is required to maintain the property and continue its operations, with the property being opened to the public a minimum of 20 hours a week.
REASON FOR RECOMMENDATION:
Staff recommends the Council resolve to approve the attached lease agreement with the Chowchilla District Chamber of Commerce and authorize the Mayor to execute the agreement. This recommendation is provided to facilitate the continuation of Chamber activities that assist local businesses, provide tourism information and operate to support events in the City of Chowchilla that are of substantial benefit to the public.
FISCAL IMPACT:
None perceived.
ALTERNATIVES:
Decline to renew the lease agreement, which would result in disruption to the activities and services of the Chamber of Commerce, and the Chamber would be required to relocate at a greater cost. This disruption and higher cost could result in the Chamber being forced to reduce or eliminate services to the public, merchants, and visitors to Chowchilla.
ACTIONS FOLLOWING APPROVAL:
If approved, the Mayor would sign the renewed lease agreement.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING A LEASE AGREEMENT WITH THE CHOWCHILLA DISTRICT CHAMBER OF
COMMERCE
WHEREAS, the Chowchilla District Chamber of Commerce (the "Chamber") provides a substantial public benefit to the City of Chowchilla by its presence in the City, including but not limited to operating the Visitor's Center, providing assistance to merchants, businesses, and to the City, and providing assistance with tourism, economic development, and events; such services are commercial in nature and support business development within the City of Chowchilla; and WHEREAS, the City has historically leased space at 137 S. Third Street to the Chamber to ensure continued receipt of these important services and benefits; and WHEREAS, the City may lease property owned, held, or controlled by it or any of its departments for commercial development of business pursuant to Government Code Section 37395; and WHEREAS, the City desires to continue receiving these important services and benefits; and WHEREAS, the proposed Lease Agreement is fair and equitable.
NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of Chowchilla hereby finds and orders as follows:
1. The above recitals are true and correct.
2. The Chowchilla District Chamber of Commerce activities provide a significant benefit to the citizens and businesses within the City of Chowchilla and to the public.
3. The portion of the space located at 137 S. Third Street to be leased to the Chowchilla District Chamber of Commerce is not currently needed for other City purposes.
4. The City Council hereby approves and adopts the attached Lease Agreement Between the City of Chowchilla and the Chowchilla District Chamber of Commerce.
5. The Mayor is hereby authorized and directed to execute the Lease Agreement for and on behalf of the City of Chowchilla.
PASSED AND ADOPTED by the City Council of the City of Chowchilla at a regular meeting held on the 8th day of February 2022 by the following vote to wit:
AYES:
NOES:
ABSTAINS:
ABSENT:
APPROVED:
John Chavez, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
1 LEASE AGREEMENT BETWEEN THE CITY OF CHOWCHILLA AND THE
CHOWCHILLA DISTRICT CHAMBER OF COMMERCE
This short-term Lease Agreement ("AGREEMENT"), dated as of February 1, 2022, by and between the City of Chowchilla, a municipal corporation in the County of Madera, State of California ("CITY"), and the Chowchilla District Chamber of Commerce, a California non-profit corporation ("TENANT"), is agreed to as follows:
WHEREAS, pursuant to the Government Code of the State of California, the CITY may enter into leases and agreementsrelating to real property owned by the CITY; and WHEREAS, the CITY recognizes that TENANT provides a substantial public benefit to the City of Chowchilla by its presence in the CITY, including but not limited to, operating the Visitor's Center, providing assistance to merchants, businesses, and to the CITY, and providing assistance with tourism, economic development and events; and WHEREAS, the CITY and TENANT have been parties to a prior lease agreement dated June 11, 2019, which has since expired and become a month-to-month tenancy, and now desire to enter into a new Lease Agreement as set forth herein.
NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the parties hereto agree as follows:
1. PROPERTY. Pursuant to the terms of this AGREEMENT, TENANT shall be entitled to possession of a portion of property located at 137 S. Third Street, in the City of Chowchilla, California. The portions of the PROPERTY available for TENANT's possession have been communicated to and occupied by TENANT during the prior lease term and shall remain the same under this AGREEMENT. CITY retains the right to change the PROPERTY at any time.
2. TERM OF AGREEMENT. The term of this AGREEMENT shall begin on February 1, 2022, and shall continue for a period of 36 months.
3. USE OF PROPERTY. The PROPERTY shall be used for the sole purposes of acting as a gathering space for TENANT's members and conducting regular TENANT business that is typical of a chamber of commerce, including but not limited to: performance of work related to operating the Visitor's Center, providing assistance to merchants, businesses, and to the City, and providing assistance with tourism, economic development, and events. a. TENANT shall not use or permit the PROPERTY, or any portion thereof,to be used for any purposes other than the purposes set forth in this section 3 without the prior written consent ofCITY.
b. TENANT shall comply with all federal, state, and local procedures to prevent soil, water, and air quality degradation, and shall pay for equipment and devices, including the installation cost, necessary to meet said requirements. 2 c. TENANT agrees that it will not use or permit the PROPERTY to be used for any unlawful purpose.
d. TENANT shall not commit nor suffer from being committed any waste upon the PROPERTY, or any public or private nuisance or other act or thing which may disrupt the normal utilization ofthe PROPERTY’s surrounding area by the CITY.
e. TENANT shall, at its sole cost and expense, promptly observe and comply with all laws, orders, regulations, rules, ordinances, and requirements now in force or which may hereafter be enforced by federal, state, county, and city governments or other lawful government bodies or any of their departments, bureaus or officers having jurisdiction over the PROPERTY or any of the activities conducted thereon.
f. The CITY is leasing the PROPERTY to the TENANT to conduct public service programs such as operating the Visitor's Center, assisting merchants, businesses, the City, assisting with tourism, economic development, and for which purposes TENANT shall operate or use the PROPERTY no less than twenty (20) hours per week.
4. MAINTENANCE OF PROPERTY, IMPROVEMENTS, SOIL, WATER, AND AIR QUALITY PROTECTION DEVISES. At its sole cost and expense, TENANT shall keep and maintain the PROPERTY, improvements, and all portions thereof, in safe and sanitary order, in good state of repair, and proper working order. If TENANT fails to perform its obligations to maintain the PROPERTY, CITY may enter upon the PROPERTY after ten (10) days’ written notice to TENANT (unless an emergency situation exists, in which case notice is not required), perform such actions as needed to bring the PROPERTY into compliance on TENANT's behalf, and TENANT shall promptly pay the CITY a sum equal to 115% of the cost thereof.
5. TERMINATION. Upon expiration or termination of this AGREEMENT, TENANT shall have no further right or interest in any of the PROPERTY, improvements, and equipment thereon, if any, with the sole exception of personal property. CITY shall have the option as to whether any or all improvements or equipment constructed and/or installed on the PROPERTY by TENANT, if any, may be removed by TENANT or whether they shall remain. Should CITY determine that any or all such improvements and equipment shall remain, such improvements and equipment shall immediately become the property of CITY, and TENANTagrees to execute a Bill of Sale transferring all rights, interests, and ownership in such improvements to CITY. Should CITY exercise its option of requiring TENANT to remove any or all such improvements or equipment from the PROPERTY, such removal shall be accomplished by TENANT at TENANT's sole cost and expense within 30 days after termination or expiration of this AGREEMENT. CITY may remove such improvements at tenant's expense if TENANT fails to remove such improvements within the said 30-day period. 3 6. ASSIGNMENTS. TENANT shall not assign this AGREEMENT or any interest therein, and shall not sublet the PROPERTY or any portion thereof, or any rights or privileges thereto, or suffer any other person (agents and servants ofCITY excepted) to occupy or use the PROPERTY or any portion thereof, without the CITY's prior written consent. Consent by the CITY to one assignment subletting, occupation, or use by another person shall not waive any of CITY’s rights to enforce this section 6, or be deemed consent, to any subsequent assignment, subletting, occupation or use.
7. ABANDONMENT. TENANT shall not abandon the PROPERTY described herein at any time during the term hereof. The PROPERTY shall be deemed abandoned following notices provided by California's Civil Code.
8. ALTERATIONS-REMOVAL OF ADDITIONS. Except as provided in this AGREEMENT, TENANT shall not make, or allow to be made, any alterations to the PROPERTY or any part thereof, without first obtaining the CITY's written consent.
TENANT shall keep the PROPERTY free from any liens arising out of any work performed, materials furnished, or obligations incurred by TENANT. In the event the TENANT desires to make any alterations or improvements, plans and specifications thereof shall be submitted to the CITY, and if satisfactory, completion thereof shall be made to the CITY's satisfaction.
9. INSURANCE.
a. GENERAL LIABILITY INSURANCE. TENANT shall at all times carry commercial general liability insurance, which shall provide coverage from any claim or liability for any injury or damage to any person or property occurring on the PROPERTY or arising out of or resulting from the TENANT's operations or omissions on said PROPERTY. The policy limits of general commercial liability policies shall be not less than One Million Dollars ($1,000,000). b. PROPERTY DAMAGE. TENANT shall obtain and maintain insurance coverage on all of TENANT's personal property, trade fixtures, and TENANTowned alterations and utility installations located on the PROPERTY. Such insurance shall be full replacement cost coverage with a deductible that does not exceed $1,000 per occurrence. TENANT shall use the proceeds from any such insurance to replace personal property, trade fixtures, and TENANT-owned alterations and utility installations.
c. VERIFICATION OF COVERAGE. TENANT shall furnish to CITY certificates of insurance with original endorsements affecting coverage required by this AGREEMENT. The certificates and endorsements for each insurance policy(ies) are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates or endorsements are to be received and approved by CITY prior to the commencement date, and thereafter, TENANT shall furnish new certificates 30 days prior to the expiration date of the previous 4 certificate(s). CITY reserves the right to require complete, certified copies of all prior insurance policies at all times.
d. All insurance policies obtained to comply with the terms of this AGREEMENT shall be in a form that meets the CITY's approval and shall be underwritten by a company or companies approved by the CITY. Policy limits shall be reviewed at yearly intervals and adjusted as required. Said policies shall expressly include CITY, its officers and employees, as additional insureds and shall not in any way limit the coverage provided by said policy or policies for injury or damage to the person or property of CITY, its officers and employees, arising or resulting from any wrongful act or omission or negligence on the part of the TENANT, its servants, employees or agents. Other insurance of CITY shall not be required to participate with said insurance in the payment of any damages. Said insurance policy, policies, or certificates evidencing issuance of the policies required herein shall be provided to the CITY concurrently with the execution of this AGREEMENT and shall include an endorsement precluding cancellation thereof without 30 days’ prior written notice to the CITY.
10. BREACH; REMEDIES.
a. BREACH. A "BREACH" is defined as TENANT's failure to comply with or perform anyof the terms, covenants, and conditions under this AGREEMENT and the failure of TENANT to cure that BREACH within any applicable grace period. i. TENANT shall be deemed in BREACH if it fails to fulfill any obligation under this AGREEMENT that endangers or threatens life or property. ii. TENANT shall be deemed in BREACH if any of the following events occur:
the making of any general arrangement or assignment for the benefit of creditors; (b) becoming a debtor as defined in 11 U.S.C Section 101 or any successor statute thereto (unless, in the case of a petition filed against TENANT, the same is dismissed within 60 days); (c) the appointment of a trustee or receiver to take possession of substantially all of TENANT'S assets located at the PROPERTY or of TENANT's interest in this AGREEMENT, where possession is not restored to TENANT within thirty (30) days; or (d) the attachment, execution or other judicial seizure of substantially all of TENANT's assets located at the PROPERTY or of TENANT's interest in this AGREEMENT, where such seizure is not discharged within 30 days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. b. REMEDIES. If TENANT is in BREACH of this AGREEMENT, CITY may, at its option, perform on TENANT's behalf, and TENANT shall pay to CITY an amount equal to 115% of the costs and expenses CITY incurs in such performance upon receipt of an invoice therefor. CITY may also, with or without 5 further notice or demand, and without limiting CITY in the exercise of any right or remedy which CITY may have by reason of such BREACH:
i. Terminate TENANT's right to possession of the PROPERTY by any lawful means, in which case this AGREEMENT shall terminate, and TENANT shall immediately surrender possession of the PROPERTY with all of its improvements and equipment to CITY, keeping only TENANT's personal property. In such event, CITY shall be entitled to recover from TENANT (a) the unpaid rent which had been earned at the time of the termination; (b) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that TENANT proves could have been reasonably avoided; (c) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount ofsuch rental loss that the TENANT proves could be reasonably avoided, and (d) any other amount necessary to compensate CITY for all the detriment proximately caused by TENANT's failure to perform its obligations under this AGREEMENT or which the ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the PROPERTY, expenses or reletting, including necessary renovation and alteration of the PROPERTY, reasonable attorneys' fees, and that portion of any leasing commission paid by CITY in connection with this AGREEMENT applicable to the unexpired term of this AGREEMENT. The worth at the time of award of the amount referred to in provision (c) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the PROPERTY is located at the time of award plus one percent (1%). Efforts by CITY to mitigate damages caused by TENANT's BREACH of this AGREEMENT shall not waive CITY's right to recover any damages to which CITY is otherwise entitled. If termination of this AGREEMENT is obtained through the provision remedy of unlawful detainer, CITY shall have the right to recover in such proceeding any unpaid rent and damages as are recoverable therein, or CITY may reserve the right to recover all or any part thereof in a separate suit. If notice and grace period required under this AGREEMENT was not previously given, a notice to pay rent or quit or to perform or quit given to TENANT under the unlawful detainer statute shall constitute the notice required by this AGREEMENT. In such case, the applicable grace period and the unlawful detainer statute shall run concurrently, and TENANT's failure to cure within the greater of the two periods shall constitute both, an unlawful detainer and a BREACH of this AGREEMENT, entitling CITY the remedies provided for in this AGREEMENT and/or said statute. ii. Continue this AGREEMENT and TENANT's right to possession and recover the rent as it becomes due.
6 iii. Pursue any other remedy now or hereafter available under the laws or judicial decisions of the State of California or the United States of America. The expiration or termination of this AGREEMENT and/or the termination of TENANT's right to possession shall not relieve TENANT from liability under any indemnity provisions of this AGREEMENT as to matters occurring or accruing during the term hereof or by reason of TENANT's occupancy of the PROPERTY.
11. BREACH BY CITY. CITY shall not be deemed in breach of this AGREEMENT unless CITY fails, within a reasonable time, to perform a material obligation required to be performed by CITY. For purposes of this paragraph, a reasonable time shall in no event be less than thirty (30) days after receipt by CITY of written notice specifying the obligation CITY has purportedly failed to perform; provided, however, that if the nature of CITY's obligation is such that more than thirty (30) days are reasonably required for its performance, then CITY shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion.
12. CONDEMNATION CLAUSE. If any part of the PROPERTY shall be taken or condemned for public or quasi-public use, and a part thereof remains which is susceptible of occupation hereunder, this AGREEMENT shall, as to the part so taken, terminate as of the date title shall vest in the condemner. If all the PROPERTY, or such part thereof, be taken or condemned so that there does not remain a portion susceptible of occupation hereunder, this AGREEMENT shall thereupon terminate. If part or all of the PROPERTY be taken or condemned, all compensation awarded upon such condemnation or taking, and interest thereon, shall belong to the CITY.
13. INDEMNITY. To the fullest extent permitted by law, TENANT agrees to indemnify, hold harmless, protect and defend CITY and CITY's employees, City Council, agents, representatives, and contractors from any and all claims, causes of action, liability, losses, costs, and damages, for the foreseeable or unforeseeable, arising out of or related to any act, omission, or negligence of TENANT or TENANT's agents, employees, representatives or contractors, or arising from or related to TENANT's use of activities related to this AGREEMENT and/or on or at the PROPERTY. The provisions of this section shall survive the termination, cancellation, or expiration of this AGREEMENT.
14. NOTICES.
a. NOTICE REQUIREMENTS. All notices required or permitted by this AGREEMENT or applicable law, including unlawful detainer statutes, shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by mail, and shall be deemed sufficiently given if served in a manner specified by this paragraph to the addresses below. Either party may, by written notice to the other, specify a different address for notice.
7 If to TENANT: Chowchilla District Chamber of Commerce P.O. Box 638 Chowchilla, CA 93610 Fax: (559) 665-0896
If to CITY: City of Chowchilla, Attn: City Administrator 130 S. Second Street Chowchilla, CA 93610
Fax: (559) 665-7418
With a copy to Lozano Smith, Attn: Chowchilla City Attorney 7404 North Spalding Avenue Fresno, CA 93720-3370
b. DATE OF NOTICE. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or an overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of same to the Postal Service or courier. Notices transmitted by facsimile transmission shall be deemed delivered upon confirmation of receipt. If notice is received on a Saturday, Sunday, or legal holiday, it shall be deemed received on the next business day.
15. NONDISCRIMINATION. TENANT for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereto, does hereby covenant and agree as a covenant running with the land, that:
a. No person, on the grounds of race, color, national origin, or any other protected characteristic under federal, state, or local law, shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities;
b. In the construction of improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or any other protected characteristic under federal, state, or local law, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination;
c. In the event of a breach of any of the above nondiscrimination covenants, the City of Chowchilla shall have the right to terminate this AGREEMENT and to re-enter and repossess said land and hold the same as if said AGREEMENT had never been made or issued.
16. NO RIGHT TO HOLDOVER. TENANT has no right to retain possession of the PROPERTY or any part thereof beyond the expiration or termination of this AGREEMENT. In the event that TENANT holds over, then a monthly fee of Five Hundred Dollars ($500.00) shall become due on the first of each month during such 8 holdover. Nothing contained herein shall be construed as consent by CITY of any holding over by TENANT.
17. WAIVER. The exercise of any right, option, or privilege hereunder by CITY shall not exclude CITY from exercising any and all other rights, privileges, and options, or privilege hereunder and shall not be deemed a waiver of said right, option, or privilege, nor shall it relieve the TENANT from its obligation to perform each and every covenant, term, provision and condition on the part of TENANT to be performed hereunder or from damages or other remedies for failure to perform or meet the obligations of this AGREEMENT.
18. CUMULATIVE REMEDIES. No remedy or election hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity.
19. NO PRIOR AGREEMENTS. This AGREEMENT represents the entire contract and supersedes all other promises, representation, and understanding with reference to or in consideration of the subject matter thereof.
20. ATTORNEYS' FEES. If any party to this AGREEMENT brings an action or proceeding involving the PROPERTY or this AGREEMENT, whether founded in tort, contract or equity, the PREVAILING PARTY (as defined hereunder) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term "PREVAILING PARTY" shall include, without limitation, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule but shall be such as to fully reimburse all attorneys' fees reasonably incurred. In addition, CITY shall be entitled to attorneys' fees, costs, and expenses incurred in the preparation and service of notices of BREACH and consultations in connection therewith, whether or not legal action is subsequently commenced in connection with such BREACH ($200 is a reasonable minimum per occurrence for such services and consultation.)
21. CITY'S ACCESS; REPAIRS. CITY and CITY's agents shall have the right to enter the PROPERTY at any time, in case of an emergency, and otherwise at reasonable times, after reasonable prior notice, for the purpose of showing the same to prospective purchasers, lenders, tenants or governmental agencies, and making such alterations, repairs, improvements or additions to the PROPERTY as CITY may deem necessary or desirable, and the erecting, using and maintaining of utilities, services, pipes and conduits through the PROPERTY and/or other premises as long as there is no material adverse effect to TENANT's use of the PROPERTY. CITY will conduct an annual inspection of all improvements and equipment located on the PROPERTY. Such inspection shall not in any way be deemed approval to the condition of the improvements or equipment's condition. All such activities shall be without abatement of rent or liability to TENANT. 9 22. FORCE MAJEURE. CITY shall not be in breach of this AGREEMENT in the event that TENANT's access to the PROPERTY is temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrection, explosion, natural disasters such as floods, earthquakes, landslides, fires, or other catastrophic events which are beyond the reasonable control of CITY, including any curtailment, order, regulation, or restriction imposed by a governmental authority.
Events of force majeure and other catastrophic events do not include labor disturbances, the financial inability of TENANT to perform each and every obligation of the AGREEMENT or failure of TENANT to obtain any necessary permit(s) or license(s) or any other certification or entitlement necessary for TENANT to perform the services defined by this AGREEMENT from any government agency or TENANT's inability to obtain or maintain the right to use facilities of public utilities or such failure is due solely to TENANT's acts or omissions.
23. AMENDMENTS. This AGREEMENT may be modified only in writing, signed by the parties in interest at the time of the modification.
24. SEVERABILITY. If any of the provisions contained in this AGREEMENT shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) of this AGREEMENT, and this AGREEMENT shall be construed as if such invalid, illegal or unenforceable provision had not been contained in this AGREEMENT.
25. BINDING EFFECT ON CITY. Neither this AGREEMENT nor any amendments or supplements hereto shall be binding on CITY unless and until it is signed on CITY's behalf by a representative duly authorized by its City Council and a copy thereof so signed is delivered to TENANT.
10 CITY AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS
AGREEMENT AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY
THE EXECUTION OF THIS AGREEMENT, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT
THE TIME THIS AGREEMENT IS EXECUTED, THE TERMS OF THIS AGREEMENT
ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF THE CITY AND TENANT WITH RESPECT TO THE PROPERTY.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT this day of , 2022.
CITY OF CHOWCHILLA: TENANT(s):
By:
John Chavez, Mayor Authorized Agent
Authorized Agent
REPORT TO THE CITY COUNCIL
Item 4.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 8, 2022
AGENDA SECTION: Public Hearing
SUBJECT: Introduction and First Reading With Option to Waive the First Reading of an Ordinance Amending Title 6, Animals, of the City of Chowchilla Municipal Code
PREPARED BY: Stacy Weaver, Deputy City Clerk & Secretary II REVIEWED BY: Mark Hamilton, Director of Community & Economic Development Joann McClendon, CMC, City Clerk
ATTACHMENTS: Current Ordinance
Track Changes Version of Ordinance
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council introduces and waives the first reading of the ordinance amending Title 6 of the Chowchilla Municipal Code; and, schedule the second reading and adoption of the amended ordinance for February 22, 2022.
BACKGROUND:
In 1998, the City Administrator asked the Chief of Police to review Title 6 – Animals section 6.04 – Dogs, Cats, and Other Domesticated Animals and make revisions. The first public hearing to introduce the revised chapter was read on January 23, 1998. The second hearing concluded on February 4, 1998, and Ordinance No. 405-98 passed unanimously approved by roll call vote.
REASON FOR RECOMMENDATION:
In 2021, Community & Economic Development began working with the City’s Police Department and legal counsel updating Title 6 of the Chowchilla Municipal Code. The draft revision to Title 6 is attached for review. The whole Chapter was reviewed for grammar, pronouns, fees, and cleaning up any uncertainty regarding the City’s processes. The revision primarily focuses on Section 6.04.045, “Maximum Number of Domestic Animals,” Section 6.04.210, “Vaccination,” and Section 6.04.260, “Animal Licenses,” with the addition of Potbelly Pigs.
The changes have been made to reflect a maximum number of domesticated animals allowed per household. Staff added rabbits, egg laying hens and potbelly pigs as domesticated animals. The egg laying hens were added for those residents that want to have fresh eggs. Rabbits were added for those residents that participate in 4H or other school-based clubs so they can have rabbit projects. Potbelly pigs were added due to their popularity as a domestic animal.
FISCAL IMPACT:
FY 2021/22 Budget accounting code 100-1610-0000-3374-000 initial balance was $14,000.00. As of January 5, 2022, the current balance is $12,954.00. After calculating expenses for publishing the public hearing notices to the Madera Tribune and updating our municipal code book through Municode, the approximate cost to complete the amendment will be $1,032.00.
ALTERNATIVES:
The City of Chowchilla to continue using the current Municipal Code Title 6.04 - Dogs, Cats, and Other Domesticated Animals.
ACTIONS FOLLOWING APPROVAL:
• Bring back to City Council for the 2nd Reading of amended ordinance. • Within fifteen (15) days of adoption, the Clerk's Office will publish the summary of the amended ordinance and the voting results of who was for or against the amendment. • Post amended ordinance in the kiosk for public review. • After thirty (30) days, the amended ordinance goes into effect. - CODE OF ORDINANCES
Title 6 - ANIMALS
Chapter 6.04 DOGS, CATS AND OTHER DOMESTICATED ANIMALS
Title 6 - ANIMALS
Chapters:
Chapter 6.04 - DOGS, CATS, AND OTHER DOMESTICATED ANIMALS Sections:
6.04.010 - Definitions.
When used in this chapter, the words defined in this section shall have the meanings prescribed in this section.
A. " "Animal" means any members of the kingdom Animalia exclusive of homo sapiens.
B. " "Animal control" or "animal control division" means the division of the Chowchilla police departmentPolice Department, which is established as the animal control agency in the cityCity.
C. " "Animal control center" means the facilities provided by the cityCity for the impoundment, relinquishment, quarantine, and adoption or sale of animals.
D. “Animal Nuisance. Within the meaning of Title 6, "animal nuisance" shall mean” means such actions or behaviors of an animal (excluding those agricultural activities permitted by Chowchilla Municipal Code) which interfere with the rights of persons to the enjoyment of life or property by creating chronic annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept, harbored or maintained, and shall include, but not be limited to the following:
1. Causing fouling of the air by the unpleasant odor of accumulated fecal waste or urine;
2. Causing unsanitary conditions in enclosures or surroundings;
3. Making excessively loud or disturbing noise; or
4. 3. Making excessively loud or disturbing noise; meaning the utterance of barks, howling, whining cries, screeching, squeaking, squawking, or any noise which is loud, frequent, and continual over a period of time and which disturbs the peace and comfort of a person or persons of ordinary sensitivity: (1) excessive for a continuous period of ten (10) minutes; or (2) excessive noise for a continuous period of five (5) minutes on three (3) separate occasions within any sixty (60) minute period. “Continual” shall mean excessive noise with intervals of less than sixty (60) seconds between the noise. It shall not be deemed excessive noise if, at the time of the noise, a person or persons were teasing or provoking the animal or trespassing or threatening to trespass upon the owner’s private property; or
4. Causing offense or danger to public health, safety, or welfare by virtue of the number or types of animals maintained.
E. " "At large" means an animal off the premises of its owner and either:
1. Not under the control and in the immediate presence of the owner; or
2. If a dog, not under physical restraint.
F. " "At large causing injury" means an animal off the premises of its owner as outlined in subsection E of this section which through direct or indirect action causes or inflicts injury to any person. The injury is described as a wound or other type of injury which requires medical treatment.
G. " "Animal control managerControl Manager" means the chiefChief of policePolice and his or hertheir duly authorized staff.
H. " "Cattery" means any enclosure, premises, building, structure, lot, or area in or on which five or more cats of at least six months of age are kept, harbored, or maintained. If a person has five or more cats, they will be required to obtain a permit under Section 6.04.270(C)(2) of this chapter.
I. " "Curb" means to so restrain or control an animal so that it does not defecate on property other than that of its owner except by the expressed consent of the owner of such other property.
J. " "Dangerous animal" means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) which can be categorized in any one or more of the following manners:
1. Any animal which behaves in such a manner that the owner thereof knows or should know that the animal poses a threat to public safety;
2. Any animal which, because of its size, training, behavior, physical nature, or vicious propensity, would threaten public safety were it not controlled as prescribed in this chapter;
3. Any animal which threatens or attacks any person in a manner which requires a substantial defensive action by any person to prevent bodily injury;
4. Any animal which threatens or attacks any other animal belonging to another when such other animal is confined upon private property or otherwise lawfully restrained and controlled.
K. " "Dangerous behavior" means any acts committed by an animal as defined in subsection J of this section.
L. " "Director" means the chiefChief of policePolice or designee.
M. "Dog "Animal license" as used in this title, means a metallic tag which will be firmly affixed to the animalsanimal’s collar on which is imprinted; the phone number and name of the issuing agency, and a serial number unique to the individual tag. These tags are issued as outlined in Section 6.04.260 of this chapter.
N. "Domestic animal" means dogs and cats, except as limited in subsection AC of this section, as well as horses, donkeys, mules, burros, cattle, sheep, goats, swine (including pot bellied pigs), llamas, camels, rabbits and fowl commonly kept or raised in the county as farm or livestock animals. “Domestic animal” means household pets ordinarily permitted in a place of residence, such as: dogs; cats; guinea pigs; rats; rabbits; mice; budgies, canaries, cockatiels, cockatoos, egg-laying hens, finches, lorikeets, lovebirds, macaws, parakeets, parrots, toucans, and similar birds; potbellied pigs (not farm pigs) as provided for in this chapter; turtles; lizards and snakes as permitted in this chapter; and other similar animals generally considered to be kept as pets, excluding farm animals.
O. " "Feral animal" means any domestic animal which is known to live in a wild or semi-wild state without the benefit of an owner or any domestic animal which has escaped for a substantial period of time from the care of its owner and is existing in a wild state without the benefit of domestication.
P. " "Health department" means the health department of the countyCounty of Madera.
Q. " "Health officer" means the directorDirector of the health departmentHealth Department of the countyCounty of Madera or otheranother person duly authorized by the directorDirector of the health departmentHealth Department or designated by the boardBoard of supervisorsSupervisors to act as the health officer.
R. ”Hearing..” For the purposes of this chapter, "hearing" means the process prescribed in Section
6.04.300 of this chapter for the redress of issues relating to or arising from the enforcement of this chapter including, but not limited to, dangerous and vicious animals, animal nuisances, permits, or such other administrative matters as pertain to the application of this chapter.
S. " "Hearing officerOfficer" means the person appointed by the directorDirector to preside at and render judgments from hearings transacted under the authority of this chapter. The person may be an employee of the cityCity who is not assigned to animal control or otherwise subordinate to the manager thereof, or a person who is not an employee but is retained to provide such services.
Any such hearing officerHearing Officer shall be qualified by training or experience or shall be an attorney or an administrative law judge.
T. " "Impoundment" means the taking up and confining of an animal by the animal control managerAnimal Control Manager in accordance with the provisions of this chapter or other applicable law or regulation.
U. " "Kennel" means any enclosure, premises, building, structure, lot, or area in or on which five or more dogs of at least four months of age are kept, harbored, or maintained. If a person has five or more dogs, they will be required to obtain a permit under Section 6.04.270(C)(2)).
V. " "Lawful fence" as used in this chapter means a fence of sufficient height, strength, and capacity; and which is maintained in good repair, to prevent the ingress and egress of the animals housed, controlled, or grazed on the property. Except as provided by Section 17121 of the California Food and Agriculture Code, no fence is a lawful fence within the meaning of this section unless it is a height of at least five feet, is securely affixed at its base, and maintained in good repair.
W. " "Owner" means the primary or responsible person who possesspossesses, has title to or an interest in, harbors, provides care, or has control, custody or possession of an animal, and the verb of "to own" includes all these shades of meaning.
X. " "Person" means fictional entities such as corporations, estates, associations, partnerships, and trusts, as well as one or more individual human beings or responsible members of the household.
Y. " "Vaccination" means the inoculation of an animal with a vaccine approved by and in the manner prescribed by the stateState of California, Department of Health Services.
Z. " "Veterinarian" means a person licensed by the stateState of California to practice veterinary medicine.
AA. " "Vicious animal" means any animal including a dog (except a dog assisting a peace officer engaged in law enforcement duties) whichthat has, on one or more occasions, committed any one or more of the following acts:
(1. Physically attacked, mauled) Seriously bitten, inflicted severe injury on, or physically injured by biting any killed a human being when unprovoked. (2) Bitten a person, without provocation, at a place other causing a less than uponsevere injury when unprovoked on two (2) separate occasions within the private property where the prior thirty-six (36) month period.
(3) Killed a domestic animal is maintained by the owner; when unprovoked.
2. Physically attacked, mauled, or physically injured by biting any person, without provocation, when the owner thereof knows or should reasonably know that the animal poses a threat to public safety and has made no substantial effort to prevent the attack or when the owner has purposefully encouraged or commanded the animal to attack, maul, or physically injure any person;
3. Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained on private property not belonging to the owner of the offending animal;
4. Physically attacked and injured by biting any animal, without provocation, which is lawfully maintained or controlled upon public property. (4) Seriously bitten or inflicted severe injury on a domestic animal when unprovoked on two (2) separate occasions within the prior thirty-six (36) month period. (5) Previously was determined to be and currently is listed as a potentially dangerous animal and continues the behavior which led to the potentially dangerous determination.
AB. " "Vicious behavior" means any acts committed by an animal as defined in subsection AA of this section.
AC. " "Wild animal" means any of the following:
1. Following members of the Class Reptilia:
a. Order Ophidia (such as, but not limited to, racers, boas, water snakes, and pythons) over three feet in length; and
b. Order Loricata (such as, but not limited to, alligators, caymans, and crocodiles) over three feet in length;
c. Order Sauria (excepting iguanas) over three feet in length.
2. Following members of the Class Aves:
a. Order Falconiformes (such as, but not limited to, hawks, eagles, and vultures, which are not kept pursuant to federal or state permit); and
b. Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries, emus)
3. Following members of the Class Mammalia:
a. Order Carnivora, expressly excepting the domestic dog (canisCanis familiaris) and the domestic cat (felisFelis catus), but including, but not limited to, the family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars), the family canidaeCanidae (such as wolves, dingos, coyotes, and jackals); and b. Order Marsupialia (such as kangaroos and opossums); and c. Order Chiroptera (bats); and
d. Order Edentata (such as sloths, anteaters, and armadillos); and e. Order Proboscidea (elephants); and
f. Order Primata (including, but not limited to, monkeys, chimpanzees, and gorillas); and order
g. Order Ungulata (expressly excluding any animal which would be included within the definition of "domestic animal" in subsection O of this section), including, but not limited to, antelope, deer, and bison.
4. Any nondomesticnon-domestic species when kept, maintained, or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings, or to the property of human beings.
5. Any species of animal which is venomous to human beings, whether its venom is transmitted by bite, sting, touch, or other means, except honey-producing bees.
6. Any hybrid animal whichthat is part wild animal and is capable of transmitting rabies, except livestock hybrids, and for which no rabies prophylaxis is recognized or authorized by the stateState of California.
(Ord. 405-98 § 1 (part), 1998)
6.04.020 - Short title.
This chapter shall be known as, and may be cited and referred to as, the "animal control ordinance." (Ord. 405-98 § 1 (part), 1998)
6.04.030 - Legal effect of license.
A. The issuance by animal control and the acceptance by the owner of any license or permit to keep an animal as provided for herein is prima facie evidence that the owner agrees to comply with the terms and conditions set forth in this chapter and that the owner has satisfied the basic licensing requirements under this chapter. Such issuance shall be given no evidentiary weight to indicate that the owner has conformed to zoning regulations, building regulations, health and safety regulations or to any other applicable rule, regulation or statute. For purposes of the administration of this chapter, if, pursuant to the issuance of official written notice, approval has been given by the office or agency responsible for the administration of the rule, regulation, or statute in question, such approval shall be deemed prima facie evidence that the matter approved is in conformance with the rule, regulation or statute in question.
B. Exemptions. The licensing regulations in this chapter aredo not applicableapply to the following:
1. Owners of animals kept as all or part of the stock of (a) nonprofit zoological gardens open to the public, (b) pet shops, (c) circuses, or (d) animal exhibits when such enterprises are operated under business licenses granted by the cityCity.
2. Service dogs that have been trained and certified to assist the blind, deaf, or physically challenged.
(Ord. 405-98 § 1 (part), 1998)
6.04.040 - Prohibited conduct.
No owner of any animal, wild or domestic, shall permit or suffer the animal to do any of the following:
A. Be at large;
B. Bite, scratch, or claw any human being or other animal without provocation; C. Make loud or disturbing noises without provocation, including, but not limited to, chronic howling, yowling, barking, whining, or other utterances.C. Act or be kept in such a manner as to constitute an animal nuisance within the meaning of this chapter. Nothing contained herein shall be construed to apply to animal noises emanating from legally operated veterinary hospitals, humane societies, animal shelters, farm or agricultural facilities, or areas where the keeping of farm animals or fowl is permitted;
D. Act or be kept in such a manner as to constitute an animal nuisance within the meaning of this chapter;
E. Endanger the life or health of othersany person;
F. E. Damage the property of othersany person or entity; or G. F. Be afflicted with and not be receiving medically accepted treatment for zoonotic or other communicable diseasediseases.
(Ord. 405-98 § 1 (part), 1998)
6.04.045 - Maximum number of domestic animals.
The number of all domestic animals allowed per household or on any premises shall not exceed five (5) animals in total, and not more than:
A. Five (5) dogs;
B. Five (5) cats;
C. Two (2) potbellied pigs;
D. Three (3) rabbits;
E. Three (3) egg-laying hens.
Additional animals may be permitted only if the zoning requirements for the premises allow for the operation of a kennel or cattery, and the owner or occupant has obtained the necessary permits and/or approvals to operate a kennel or cattery on the premises, as required by the Chowchilla Municipal Code and any other applicable law.
6.04.050 - Animals in vehicles.
A. No person other than an individual transporting working dogs within agricultural or rural areas of the cityCity shall transport or carry on any public highway or public roadway, any animal, wild or domestic, in or by a motorized vehicle unless the animal is as follows:
1. Safely enclosed within the vehicle, in such a manner not to interfere with the operation of the vehicle;
2. Protected within a secured container carried within, upon, or by such a vehicle; or
3. Securely cross-tethered or secured to such vehicle by rope, chain, or other device(s) in a fashion which prevents injury to the animal from falling from, being ejected from, or jumping from said vehicle.
B. No person shall leave an animal, wild or domestic, in any unattended motorized vehicle without adequate ventilation, in unhealthful conditions which adversely affect its health, safety, or well-being. (Ord. 405-98 § 1 (part), 1998)
6.04.060 - Fouling.
It shall be the duty of any person having custody of a dog to curb said dog and to immediately remove any feces deposited by saidthe dog on any public property to a proper receptacle. It shall also be the duty of any person having custody of a dog to curb said dog and immediately remove any feces deposited by said dog onor private property not belonging to the dog owner, to a proper receptacle.
Unsighted persons while relying on a guide dog shall be exempt from this section. (Ord. 405-98 § 1 (part), 1998)
6.04.070 - Dogs at large.
A. No person shall permit or suffer a dog to stray from private property owned or legally possessed by the dog owner or the person who has a right to control the dog unless the dog is restrained by a leash or lead not exceeding eight feet in length, except in the following situations:
1. When the dog is assisting a peace officer who is engaged in law enforcement duties or when the dog is participating in a search and rescue effort at the specific request of a law enforcement authority;
2. When the dog is enrolled in and actuallyat that time participating in a dog training or obedience course, exhibition, or competition conducted by an organization on private or public property with the permission of the owner or operator of the grounds of facilities;
3. When the dog is assisting the owner or person in charge of livestock in the herding or control of such livestock.
B. Dog at Large Causing Injury. Any owner of any dog which is running at large as described in this section that causes injury through indirect or direct action is guilty of a misdemeanor. (Ord. 405-98 § 1 (part), 1998)
6.04.080 - Livestock at large.
A. No person shall permit or suffer livestock to stray from private property owned by the owner of such livestock, or from private property to which such owner has a right of possession, except in the following situations:
1. When the livestock is being led, driven, or conducted along a public road or street during daylight hours under the supervision and control of its owner;
2. When the livestock is on public property with the consent of the owner or operator of the grounds or facilities, or on private property with the consent of the owner, lessee, or other person in control thereof, and such property is lawfully fenced;
3. When the livestock is on designated open range areas.
B. The owner of any livestock found at large in violation of this section shall, in addition to any other penalties imposed, be liable for the salaries, costs, and other expenses incurred by the division in restraining, capturing, or rescuing such livestock if such owner is responsible for the livestock being at large. The salaries, costs, and expenses of the division shall be determined by the director with the concurrence of the city auditor.
(Ord. 405-98 § 1 (part), 1998)
6.04.090 - Lawful fence.
Any person who owns or is responsible for the care, custody, or control of livestock must maintain the animals within a lawful fence as outlined in Food and Agriculture Code Sections 17121 and 17152. A lawful fence is good, strong, substantial, and sufficient to prevent the ingress and egress of the animals housed. No wire fence is a good, substantial fence within the meaning of this section unless it has a minimum of three tightly stretched barbed wires, securely fastened to posts of reasonable strength and not more than ten feet apart. One wire must be at least four feet above the ground. Unless otherwise indicated in this chapter, violation of this section is an infraction. (Ord. 405-98 § 1 (part), 1998)
6.04.100 - Proper care.
The owner of any animal, wild or domestic, shall provide proper and adequate food, water, shelter, qualified medical care, and attention for such animal at a level which insuresthat ensures the animal's safety, good health, and well-being. The owner shall maintain any enclosures or surroundings where the animal is kept in a sanitary condition.
(Ord. 405-98 § 1 (part), 1998)
6.04.110 - Obstruction.
Any person who prevents, resists, threatens, or obstructs an attempt by the animal control managerAnimal Control Manager pursuant to this chapter to inspect or impound an animal or any person who conceals or secretes any animal subject to inspection or impoundment or any owner who fails to relinquish upon lawful demand any animal to be impounded shall be guilty of a misdemeanor. (Ord. 405-98 § 1 (part), 1998)
6.04.120 - Misrepresentation.
No person shall willfully make a false or misleading statement or representation to the animal control managerAnimal Control Manager acting in his or hertheir official capacity, regarding the ownership or right to custody or control of an animal for which a permit or license is required, or regarding the ownership of an animal redeemed from, relinquished to, impounded by, or taken up by the animal control managerAnimal Control Manager pursuant to this chapter. (Ord. 405-98 § 1 (part), 1998)
6.04.130 - Unfounded emergency visit.
A. The animal control managerAnimal Control Manager is authorized to charge and collect a fee from any person who calls the animal control managerAnimal Control Manager to his/hera residence requesting emergency assistance andwhen, upon his arrival, the animal control managerAnimal Control Manager determines either (1) that the emergency is unfounded, or (2) that the person requesting the assistance is not at the residence.
B. The amount of the fee authorized under this chapter shall be the weighted average hourly rate for the costs to the animal control division of such services as determined annually by the cityCity of Chowchilla auditor'sAuditor's office.
(Ord. 405-98 § 1 (part), 1998)
6.04.140 - Duty to report bite.
It is the duty of any person having knowledge that any animal capable of transmitting rabies has bitten or otherwise exposed to rabies a human being within city of Chowchilla to immediately report that fact to the health officer or the animal control managerAnimal Control Manager and to furnish complete information thereof, including, but not limited to, any knowledge of the whereabouts of said animal. (Ord. 405-98 § 1 (part), 1998)
6.04.150 - Notice of escape.
Any person keeping, harboring, maintaining, or owning a dangerous, vicious, or wild animal that escapes from its confinement shall immediately notify the animal control managerAnimal Control Manager of such escape. Notification shall first be by phone and shall be followed with a written notification whichthat includes the following information, as known:
A. The date, place, and time of the animal's escape;
B. A description of the animal and its condition at the time of escape; and C. The name, address, and residential and occupational telephone numbers of the owner of the animal.
(Ord. 405-98 § 1 (part), 1998)
6.04.160 - Authority to set fees.
Unless a fee amount is specifically provided within this chapter, the city councilCity Council shall by resolution, from time to time, establish fees including but not limited to, fees for impoundment, licensing, kenneling, adoption, and boarding of animals.
(Ord. 405-98 § 1 (part), 1998)
6.04.170 - Incidental fee.
The animal control managerAnimal Control Manager is given the authority to charge fees for services regarding transporting, receiving, surrendering, tranquilizing, and cremating of animals as set forth in the city of Chowchilla police department, division of animal controlPolice Department, Division of Animal Control fee schedule. In addition to the foregoing, the animal control managerAnimal Control Manager may charge fees to recover the costs of services not specifically mentioned or required by this section up to a maximum of twenty-five dollars with the City Council’s approval of the city council. (Ord. 405-98 § 1 (part), 1998)
6.04.180 - Jurisdiction.
The animal control managerAnimal Control Manager, under direction, shall supervise the animal control center and all animal control personnel.
A. Responsibility. The animal control managerAnimal Control Manager is responsible for the regulation and the enforcement of this chapter and other laws dealing with animals existing within the incorporated territory of the cityCity. The duties of the animal control managerAnimal Control Manager shall include, but not be limited to, the following:
1. To administer the animal control center and keep such records as may be required;
2. To take up and impound animals which are in violation of this chapter;
3. To remove and dispose of the carcass of any animal found on any city roadway, street, alley, or other public place;
4. To quarantine animals and to cooperate with the county health officer;County Health Officer;
5. To administer licensing and permit programs as provided for in this chapter; and
6. To abate animal nuisances.
B. Rules and Regulations. The animal control managerAnimal Control Manager may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this chapter. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any license or permit provided herein.
C. Authority to Arrest and to Issue Citations. In the performance of his or hertheir duties, the animal control managerAnimal Control Manager and each animal control officerAnimal Control Officer shall have the authority and immunities of public officers and employees as set forth in California Penal Code Section 836.5 to make arrests without a warrant or to issue citations pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the California Penal Code whenever he or she hasthey have probable cause to believe that the person to be arrested has committed a violation of this title or of any ordinance or statute which he or she hasthey have the duty to enforce.
D. Authority to Pursue. In the performance of his or hertheir duties, the animal control managerAnimal Control Manager and each animal control officerAnimal Control Officer shall have the authority, when in pursuit of an animal which is in violation of a provision of this code, to go upon the property of the owner or a third person for the purpose of impounding the animal, provided that in the course of such pursuit he or she shall exercise reasonable care to avoid causing damage to the property and shall comply with Section 6.04.190(B) of this chapter.
E. Authority to Use Tranquilizer Equipment. In the performance of his or hertheir duties, the animal control managerAnimal Control Manager and each animal control officerAnimal Control Officer shall have the authority to employ the use of tranquilizer equipment and all other animal control devices commonly used by other animal control agencies located within the state of California.
F. Authority to Destroy. The animal control managerAnimal Control Manager shall have the authority, when a clear and present danger to public safety exists and reasonable means of capture have failed, to direct the humane destruction of an animal in the field. (Ord. 405-98 § 1 (part), 1998)
6.04.190 - Animals subject to impoundment.
A. Any animal shall be taken up and impounded at the animal control center (or at such other place as may be approved by the director)Director if, to the knowledge of the animal control managerAnimal Control Manager, any of the following conditions exist:
1. Said animal is engaged in an activity or existing in a condition prohibited by this chapter;
2. Said animal is, or will be, without proper care due to the injury, illness, death, incarceration, or other involuntary absence of the owner or person responsible for the care of such animal; or
3. Said animal is required to be quarantined.
B. Impoundment on Private Property. An animal which has become subject to impoundment while off the property of its owner and has returned to the same shall not be impounded if the owner is present to accept a citation for the offense, unless, except as provided in Section 53074 of the California Government Code, a clear and present danger to public safety exists by virtue of the animal remaining upon the property.
C. Notice of Impoundment. When an animal wearing a current cityCity of Chowchilla license is impounded, the animal control managerAnimal Control Manager shall attempt to notify the owner of record by telephone or by mail of the date and place of impoundment or removal.
D. Duration.
1. All impounded dogs found wearing a current city of Chowchilla dog license tag shall be kept in the animal control center or other authorized place of impoundment for a period of not less than five calendar days after the day of impoundment unless redeemed within such period except as provided in subsection F of this section.
2. All impounded dogs not wearing a current city of Chowchilla dog license tag shall be kept in the animal control center or other authorized place of impoundment for a period of not less than three calendar days after the day of impoundment unless redeemed within such period except as provided in subsection F of this section.
3. Any animal impounded pursuant to subsection (A)(2) of this section shall be kept in the animal control center or other authorized place of impoundment for at least ten calendar days.
4. Any other impounded animal shall be kept in the animal control center for at least three calendar days after the impoundment unless it is redeemed within such period.
5. Any animal which is voluntarily surrendered to or deposited with the animal control managerAnimal Control Manager by the owner shall not be deemed to be impounded and need not be kept or retained for any minimum period of time.
6. Any feral animal shall not be kept or retained for any minimum period of time.
7. Any impounded animal which is of a type referred to in Section 17003 of the California State Agricultural Code shall be kept in the animal control center or other authorized place of impoundment for at least five calendar days unless it is redeemed within that period.
E. Redemption.
1. The owner of any animal impounded may, redeem the animal by paying all fees and charges accrued at any time before the expiration of the period of impoundment, redeem the animal by paying all fees and charges accrued provided, however and, if the animal is one which is subject to the licensing provisions of this chapter, theby satisfying all licensing requirements must be satisfied before the animal is released. (Except animals that are currently quarantined for a bite.)
2. If the impounded animal is not currently vaccinated against rabies as required, and the owner has not previously been cited for failure to license, or the animal has not been previously impounded within the preceding thirty days, the animal may be released to the owner upon payment of all fees required (including the license fee and penalty fee, if applicable) on condition that the owner shall:
a. Have the animal vaccinated for rabies in accordance with Section 6.04.210 of this chapter within fourteen calendar days; and
b. Exhibit a valid certificate of such vaccination to the animal control managerAnimal Control Manager within fourteen calendar days, at which time the license will be issued. Otherwise, the subject animal must be vaccinated against rabies by a veterinarian designated by the animal control managerAnimal Control Manager prior to redemption and the. The cost of the vaccination and any other costs accrued accomplishing the vaccination, including additional impoundment fees, must be satisfied before the animal is released.
F. Disposition of Impounded and Surrendered Animals.
1. Except as otherwise provided in this chapter, an impounded animal which is not redeemed within the applicable holding period specified in this chapter or an animal voluntarily surrendered to the animal control managerAnimal Control Manager, except an animal that has been impounded for quarantine or is known to have bitten a human or to have demonstrated dangerous or vicious propensities, may, at the discretion of the animal control managerAnimal Control Manager, be sold for its fair market value as determined by the animal control managerAnimal Control Manager and upon reasonable conditions as the animal control managerAnimal Control Manager finds appropriate or may be destroyed.
2. When any unsterilized dog or cat is to be sold pursuant to this section, prior to the delivery of the animal there shall be deposited by the purchaser with the animal control managerAnimal Control Manager an amount of money which shall be a deposit for spaying or neutering of the purchased animal pursuant to Food and Agriculture Code Sections 3053 and 31751. The amount of said deposit shall be designated by the animal control managerAnimal Control Manager and shall cover the approximate average cost of spaying or neutering. It shall not exceed the maximum fee set forth in Food and Agriculture Code Sections 3053 and 31751. The deposit shall be refunded to the purchaser of the animal upon presentation of written proof of spay or neuter to the animal control manager.Animal Control Manager. The written proof must be provided within sixty days, in the case of a dog or cat over the age of six months and within six months for dogs and cats under six months of age. All refunds are processed through the city auditor'sCity Auditor's office. Failure to provide written proof of sterilization within the required time period will result in the forfeiture of the deposit. Those funds that have been deemed forfeited may be deposited in the city treasuryCity Treasury for uses set forth in Sections 3053 and 31751 of the Food and Agriculture Code. Further, it shall constitute a misdemeanor to fail to sterilize any dog or cat adopted from the cityCity’s animal shelter, and the unsterilized animal may be impounded.
3. When an animal is sold, the receipt issued by the animal control managerAnimal Control Manager shall be valid title to the purchaser.
4. Notwithstanding any other provision of this chapter to the contrary, an impounded animal which is determined by the animal control managerAnimal Control Manager or the health officerHealth Officer to constitute a health hazard or which is critically injured or ill may be destroyed or otherwise disposed of as ordered by the animal control managerAnimal Control Manager upon the concurrence of the health officerHealth Officer or a licensed veterinarian.
G. Livestock Hauling Fee.
1. When it is necessary for the impoundment of livestock or large quadruped animals to utilize specialized hauling equipment, the owner of the animals shall be charged a livestock hauling fee.
2. A The Animal Control Manager shall establish a schedule of fees for hauling livestock shall be established by the animal control manager. Such schedule of fees shall reflect the approximate cost of impounding and hauling the livestock or other large animals, including labor and transportation.
H. Impoundment Fees. The animal control managerAnimal Control Manager shall charge and collect fees for every impounded animal when claimed and before release. The amount of said fees shall be established as provided in Section 6.04.160 of this chapter.
I. Absence of Liability. No liability shall be incurred for the disposition of any animal made pursuant to the provisions of this chapter.
J. Relief from Fees. Upon the recommendation of the animal control managerAnimal Control Manager to the directorDirector and with the approval of the city councilCity Council, the fees provided for by this chapter may be waived when animals have been impounded because of civic disorganization, disruption, or other conditions of civil emergency or because of devastation due to fire, flood, earthquake, storm, or other natural calamity.
K. Waiver of Fees. The directorDirector may authorize the animal control managerAnimal Control Manager to waive, in full or in part, fees, exclusive of licensing, or permit fees, if necessary to accomplish the protection of animal or public health, safety, or welfare, or if the owner provides satisfactory evidence that he or she was not at fault, explicitly, for the impoundment or keeping of the animal at the animal control center.
L. Rental of Traps. Traps for live-trapping of animals may be maintained and rented to the public by the animal control manager.Animal Control Manager. The period of use shall be seven calendar days.
A deposit shall be collected for each trap and shall be refunded upon return of the trap in good condition. The period of useAnimal Control Manager shall be seven calendar days. Aestablish a schedule of fees for trap deposit and rental shall be established by the animal control manager. (Ord. 405-98 § 1 (part), 1998)
6.04.200 - Quarantine.
A. 1. The animal control managerAnimal Control Manager shall ensure that all animals falling into the following categories shall be isolated or quarantined or destroyed and a rabies specimen taken at the animal control center or at such other place and under such conditions as are prescribed by the health officer or authorized according to other applicable California State laws and regulations:
a. Known rabid animals;
b. Suspected rabid animals;
c. Animals that have bitten or otherwise exposed a human to rabies; and d. Animals of a species subject to rabies which have been bitten by a known rabid or suspected rabid animal or have been in intimate contact with a known rabid or suspected rabid animal.
e. The period of quarantine will be for ten days.
2. In those circumstances where the bite or exposure to rabies occurred while the victim was on the property of the owner of the animal, or when the victim is a member of the family or household of the owner, and when the animal is currently vaccinated against rabies and, as applicable, licensed as required by the provisions of this chapter, the animal may, at the discretion of the animal control managerAnimal Control Manager, be quarantined on the property of the owner provided the following:
a. The owner of said animal can and does agree to ensure its confinement for the period of quarantine;
b. The owner agrees, upon demand of the health officerHealth Officer or the animal control managerAnimal Control Manager during the period of quarantine, to surrender the animal to the animal control manager;Animal Control Manager;
c. The owner agrees to immediately notify the animal control managerAnimal Control Manager if the animal escapes, becomes ill, or dies;
d. The period of quarantine will be for ten days.
It is unlawful for the owner or keeper of an animal to violate any of the conditions of isolation or quarantine prescribed by the health officerHealth Officer.
B. Nonvaccinated Biting Animals Fee. Notwithstanding any other provision of this chapter, the owner of any animal which is required by law to be vaccinated for rabies and which has not been so vaccinated and which bites or wounds any person or other animal shall be subject to a fee as set forth in the departmentDepartment of agriculture, divisionAgriculture, Division of animal controlAnimal Control, fee schedule. Said fee shall be payable to the animal control divisionAnimal Control Division.
C. Delivery of Carcass. Upon the death of any known rabid animal, suspected rabid animal, or animal which has bitten or otherwise exposed a human to rabies, the animal control managerAnimal Control Manager shall obtain and hold for the health officerHealth Officer the carcass of the animal or an adequate specimen thereof, except that the animal control managerAnimal Control Manager is not responsible for the gathering of a specimen from the carcass of an animal.
D. Epidemics. The health officerHealth Officer may determine and declare that a rabies epidemic or other unusually dangerous health situation exists among dogs or other animals in the county, or in any part thereof. Upon making of such a declaration, the health officerHealth Officer shall prepare and promulgate such rules and regulations as are necessary for the conduct of all persons within the area where the dangerous condition exists, and the dogs and other animals within the area. These rules and regulations of the health officerHealth Officer may include, but are not limited to, quarantine, vaccination, and destruction of diseased or suspected rabid or stray animals by humane methods.
Such rules and regulations shall be effective when filed with the clerkClerk of the boardBoard of supervisorsSupervisors. It shall be the duty of the animal control managerAnimal Control Manager to comply with all directives of the health officerHealth Officer in the enforcement of the rules and regulations. A violation of any such rules and regulations shall be deemed a violation of this chapter. (Ord. 405-98 § 1 (part), 1998)
6.04.210 - Vaccination.
A. Every dog over four months of age shall have a medically current vaccination with an appropriate anti-rabies vaccine approved by the California State Department of Health Services.
B. Every person who owns or comes to own an unvaccinated dog over four months of age shall have thirty calendar days in which to comply with the provisions of this chapter.
C. Every veterinarian, shall issue a certificate to the owner after vaccinating a dog or cat for rabies, shall issue a certificate to the owner.. The certificate shall include the following information:
1. The owner's full name, address, and telephone number;
2. The breed, age, sex, and color or markings of the animal;
3. The date of immunization;
4. The type of vaccine administered;
5. The name of the vaccine manufacturer;
6. The lot number of the vaccine used; and
7. The signature of the veterinarian administering the vaccination of his or herthe veterinarian’s agent.
D. If a copy of the certificate is on file with the animal control managerAnimal Control Manager, a duplicate copy may be provided when requested by the owner of the animal. An administrative fee shall be charged for each duplicate certificate issued.
E. The owner must maintain the certificate of vaccination, or a copy thereof, and must, display said certificate for examination upon demand of a public or peace officer acting within the course and scope of his or hertheir employment, display said certificate for examination.
F. Upon written proof provided by a veterinarian that an animal has a medical condition whichthat would cause it to be endangered by receiving anti-rabies vaccination and upon written acceptance of such proof by the health officerHealth Officer, the animal control managerAnimal Control Manager may exempt the animal from the vaccination requirements herein so long as the animal is confined at all times and so long as the medical condition is proven to exist. (Ord. 405-98 § 1 (part), 1998)
6.04.220 - Duty of veterinarians to furnish rabies vaccination certificates.
Upon request by the animal control managerAnimal Control Manager, every veterinarian practicing veterinary medicine within the cityCity of Chowchilla shall furnish animal control managerAnimal Control Manager with a copy of every rabies vaccination certificate prepared by him or herthem. Said certificates may be mailed to the animal control managerAnimal Control Manager or made available to him or her at the veterinarianveterinarian’s office.
(Ord. 405-98 § 1 (part), 1998)
6.04.230 - Unlicensed vaccinated animals.
Whenever any agent or staff of the cityCity of Chowchilla police departmentPolice Department discovers through a vaccination certificate obtained from any veterinarian that an animal named thereon is unlicensed, the owner of such animal will be notified by mail that such animal is unlicensed and that such animal must be licensed within fifteen (15) days of the date of the notice. The owner of any such dog which has been previously licensed in cityCity of Chowchilla shall be subject to a delinquent fee as set forth in Section 6.04.260 of this chapter. The owner of any such dog which has never been previously licensed in citythe City of Chowchilla who obtains a license within fifteen (15) days of the date of said notice shall be subject to an administrative fee plus the license fee or any other applicable fee. The owner of such dog license has never been previously licensed in the city of Chowchilla who does not obtain a license within fifteen (15) days of the date of said notice shall be subject to a delinquent fee as set forth in Section 6.04.260 of this chapter, plus the license fee or any other applicable fee. (Ord. 405-98 § 1 (part), 1998)
6.04.240 - Unlicensed dogs.Animals.
Every owner of an unlicensed or untagged dog or potbellied pig shall be deemed to be in violation of this chapter and is guilty of a misdemeanor.
(Ord. 405-98 § 1 (part), 1998)
6.04.250 - Unvaccinated dogs.
Every dog owner of a dog whichthat does not have a current vaccination for rabies as evidenced by an official certificate therefor, shall be deemed to be in violation of this chapter and guilty of a misdemeanor.
(Ord. 405-98 § 1 (part), 1998)
6.04.260 Dog – Animal licenses.
A. Every person owning, possessing, keeping, harboring, or having custody of any dog over four (4) months of ageold and all pot-bellied pigs shall be subject toobtain a dog license for each dog and potbellied pig. Such license shall be obtained, and the fee, due and payable by its owner not later than when the dog is five months of age or, if the dog is mature when acquired therefor paid, within thirty calendar days of the(30) days after the day upon which a dog is four (4) months old, within thirty (30) days after acquisition of a dog if over four (4) months old, within thirty (30) days after acquisition of potbellied pig, or entrywithin thirty (30) days of moving into the cityCity.
Thereafter, such license fee shall become due and payable on the date of expiration on anyof the license previously issued to the owner for the dog.each respective animal. The amount of such fee shall be established in accordance with Section 6.04.160 of this chapter. ForA partial year license may be issued for dogs whichthat are new acquisitions and have a rabies vaccination that is valid for less than twelve (12) months, a partial year license may be issued. The license fee will be one-half the regular one -year (1) license fee. The license will expire with the rabies vaccination and is subject to renewal as outlined above.
B. Every such license shall be payable annually in advance on or before the first day of January of each year. Notice that the dog license fees will become due shall be published immediately preceding the first day of January of each year and shall be published in a newspaper of general circulation in the city, which notice shall state that the license fee will be delinquent within thirty days thereafter, and shall further state that all licenses not paid by the following March 31st shall, in addition to any other penalty, be increased by an amount specified by resolution The license fee may be prepaid for a one (1) year or three (3) year period, provided that for dogs, the applicant presents a valid rabies vaccination certificate valid for the entire term of the license. The license shall become due again when the applicable rabies vaccination expires.
C. Upon the written certification of a veterinarian that a dog has been surgically sterilized, the amount of the license fee shall be not more than one-half the fee established for intact dogs.
D. No doganimal license shall be issued for any dog vaccinated with a vaccine not authorized by the state of California. Should a rabies vaccination not be valid for twelve months from the date of application, the owner may elect to either:
1. Be issued a license at one-half the regular one -year rate as outlined in subsection A of this section; or
2. Re-vaccinate and be issued a license at full price which wouldshall be valid for at least twelve months.
E. A dog An animal license fee shall become delinquent thirty calendar days after it becomes due and payable, and upon. Upon delinquency, an additional delinquent fee as established in accordance with Section 6.04.160 of this chapter shall be added to the regular fee. AnAny unpaid delinquent fee shall be added to the succeeding year's license fee.
F. The animal control managerAnimal Control Manager shall procure and issue serially numbered tags stamped with the City’s name of the city. The tag shall only be issued upon the application of owners who have complied with the vaccination and fee provisions of this chapter.
G. Upon presentation by the doganimal owner of a properly completed license application form, including proof that the rabies vaccination will be valid throughout the licensing period, and the properpayment of the applicable license fee, and if applicable, aany delinquent fee, the animal control managerAnimal Control Manager shall issue a dogan animal license. The owner shall retain the doganimal license form for inspection by the animal control managerAnimal Control Manager upon request.
H. Every dog and every potbellied pig shall be provided by the owner withhave a suitable collar, harness, or other device to which the doganimal tag can be affixed. The doganimal owner shall ensure that the doganimal wears sucha license tag at all times except when the doganimal is being prepared for an exhibit at a dogan animal show.
I. A license tag issued for one doganimal shall not be transferred or attached to any other dog.animal.
J. A license issued to one owner shall not be transferred to another owner.
K. Whenever a license tag is lost, stolen, or damaged, the owner shall apply for and obtain a replacement tag from the animal control managerAnimal Control Manager upon payment of the prescribed replacement fee.
L. A fee shall not be levied for any doganimal license issued for a seeing -eye dog owned by a blind or partially blind person or for any service dog in training or one that has been duly trained and registered with a training agency to assist a disabled person when such dog is actively used for the purpose trained, or for any dog primarily used to assist a peace officer engaged in law enforcement duties.
M. Despite Notwithstanding anything in this chapter to the contrary, when an owner brings into the cityCity a dog or potbellied pig which has been licensed in another jurisdiction, the dog or potbellied pig shall be licensed within thirty calendar days as outlined in this chapter. If the license from the other jurisdiction is valid for at least twelve months, a one -year license may be obtained for replacement tag fees upon the surrender of the other jurisdiction's license and the proper completion of a license application.
N. Kennel Permit Exemption. Any person or place of business that has properly applied for and received a valid kennel permit as outlined in Section 6.04.270(C) of this chapter is exempt from licensing each individual dog as described in this section. This exemption does not relieve the permit holder of the responsibility of vaccination as outlined in Section 6.04.210 of this chapter. (Ord. 405-98 § 1 (part), 1998)
6.04.270 - Kennels or catteries.
A. Purpose. The purpose of this chapter is to establish special regulations applicable to the following:
1. The operation of kennels as defined in subsection U of Section 6.04.010 of this chapter;
2. The keeping of wild animals as defined in subsection AC of Section 6.04.010 of this chapter; and
3. The operation of catteries as defined in subsection H of Section 6.04.010 of this chapter.
The operation of kennels or catteries and the keeping of wild animals constitute types of activity which require special investigation, review and regulation to ensure that both public and animal health, safety, and welfare are protected. The necessity to conduct such investigation, review and regulation arises for reasons whichthat include, but are not necessarily limited to, the following: (i) the fact that such activities create health or safety risks which require special regulation and (ii) the tendency of such activities to create, whether intentionally or unintentionally, a public nuisance.
B. Permits. Within the context of this chapter and unless otherwise stated, "permits" shall include licenses issued by the animal control managerAnimal Control Manager pursuant to the provisions of this chapter which authorize either the maintaining and operating of a kennel or cattery (a Kennel/ cattery permit) or the keeping of a wild animal (a wild animal permit) but shall not include licenses issued by the animal control managerAnimal Control Manager pursuant to the provisions of Section
6.04.260 which authorize the keeping of a dog.
C. Permit Required.
1. No person shall maintain or operate a kennel or cattery or keep, harbor, or maintain a wild animal within the geographic area of the city governed by this chapter without first, being appropriately zoned for such activity and second, applying to and receiving from the animal control managerAnimal Control Manager an annual permit to do so.
2. A person shall be deemed to maintain or operate a kennel if the person keeps, harbors, or maintains more than five dogs over four months of age.
3. A person shall be deemed to maintain or operate a cattery if the person keeps, harbors, or maintains more than five cats over six months of age.
4. The following shall be exempt from the requirements of this chapter:
a. Persons keeping wild animals solely and exclusively as part of a bona fide rehabilitation or educational activity sanctioned by the state of California, Department of Fish and Game; and
b. Nonprofit enterprises recognized by the state of California as animal shelters or humane societies which shelter animals.
5. If a person operates more than one kennel or cattery or maintains wild animals at more than one address, a separate permit shall be required for each location where the person maintains a kennel or cattery or keeps a wild animal.
D. Special Regulations. The operationAs outlined in this section, the operations of kennels or catteries in appropriately zoned areas and the keeping of wild animals are subject to special regulations governing their operations as set forth in this section.. Any such regulations not specifically set forth herein shall be promulgated by the appropriate officer and shall be effective when approved by the animal control director.Director.
The issuance of a permit shall not be deemed to relieve or excuse the owner from the provisions and requirements of Chapter 6.04 in its entirety; nor from any other applicable requirement as set forth in existing federal, state, or local zoning codes, health and safety codes, business codes or other laws, ordinances, or requirements governing the operation of such a kennel or cattery enterprise or the keeping of such wild animals.
E. Application Filing. All applications for a permit shall be filed, with the required fees, with the animal control managerAnimal Control Manager. Applications for a kennel/cattery permit shall be accompanied by copies of the rabies vaccination certificates for all dogs or cats to be kept pursuant to the kennel/cattery permit. The animal control managerAnimal Control Manager shall receive any fee required for the application, assure that the application is complete, and conduct such investigation and review as is necessary for action. The application for a permit shall contain such information and be filed on a form as is prescribed by the animal control managerAnimal Control Manager.
F. Fees.
1. The fee for the issuance ofissuing a permit shall be due and payable by the owner within thirty (30) calendar days of the establishment of the kennel or cattery or the keeping of the wild animal within the county and thereafter on the same date each calendar year, the. The amount of whichthe permit fee shall be established pursuant to Section 6.04.160 of this chapter.
2. The fee for a permit becomes delinquent fourteen (14) calendar days after it becomes due and payable, and upon delinquency, an additional delinquent fee as established pursuant to Section
6.04.160 of this chapter shall be added to the regular fee.
G. Investigation. The animal control managerAnimal Control Manager shall conduct such investigation of the background of the owner and the applicant and the history and physical condition of the kennel or cattery or keeping of the wild animal, including physical inspection of the premises, as is deemed appropriate. The animal control managerAnimal Control Manager shall consider as evidence of disregard for the purposes of this chapter any revocation of prior permits or conviction on charges directly related to animal cruelty involving the applicant or owner. as evidence of disregard for the purposes of this chapter. Such character evidence may be used as cause for denying the application for a permit.
H. Issuance. The animal control managerAnimal Control Manager shall issue the permit within ninety days after the date of application unless either:
1. The animal control managerAnimal Control Manager finds in writing that the applicant fails to provide the information requested with the application whichthat is essential to making a determination;
2. The animal control managerAnimal Control Manager finds in writing that any of the statements made in the application or supplementary information submitted are incorrect or untrue;
3. The animal control managerAnimal Control Manager finds in writing an authorized basis for denial of the permit;
4. The animal control managerAnimal Control Manager finds in writing that the applicant does not satisfy any requirement applicable to the permit; or
5. The animal control managerAnimal Control Manager finds in writing that the applicant or enterprise does not conform to existing federal, state, or local zoning codes, health and safety codes, business codes, or other laws, ordinances, or requirements governing the operation of such a kennel or cattery enterprise or the keeping of such wild animal.
I. Conditions. The animal control managerAnimal Control Manager may issue a permit upon such conditions relating to the method or manner of operation of the kennel or cattery or the keeping of wild animal as he or sheanimals as the Animal Control Manager deems necessary to protect the health and safety of the public or the animals kept.
Any condition imposed pursuant to the provisions of this section, whether established at the time of issuance, at the time of renewal, or during the term of a permit, shall be embodied, together with the reasons therefor, in a written notice which is served upon the applicant or holder. The condition shall become effective fourteen (14) calendar days following the date of service of the notice thereof; provided that in the event an appeal therefrom is filed within the time and in the manner prescribed, the condition shall not become effective until the appeal is finally determined.
J. Contents of Permits. The permit shall contain a complete description of the kennel or cattery or place of keeping authorized by the permit; the business name (if applicable), address, and telephone number of the location so permitted; the name, address, and business and home telephone numbers of the owner of the kennel or cattery or the keeper of the wild animal, the number of animals to be kept pursuant to the permit, and any conditions upon which the permit is issued. The kennel/cattery permit or the wild animal permit or a copy thereof shall be made available for inspection upon demand by any public or peace officer acting within the scope and course of his or hertheir employment.
K. Changes in Status. During the term of any permit issued pursuant to this section, the holder of the permit shall immediately file, in writing with the animal control manager,Animal Control Manager, a notice of any changes in the kennel or cattery or the location of keeping of the animal which relate to changes in the information given in the application for the permit. The animal control managerAnimal Control Manager shall issue an amended permit whichthat shows any changes in the permit.
L. Renewal of Permits. Approximately forty-five (45) calendar days prior to the expiration of the term of a permit term, the animal control managerAnimal Control Manager shall transmit to the permit holder by mail ana renewal application for renewal. The renewal application for renewal shall be on such a form and include such information as is required by the animal control managerthe Animal Control Manger requires and as is consistent with the information required in subsectionssubsection E and G of this section, with the exception that the animal control manager. The Animal Control Manager shall act upon the renewal application for renewal not later than thirty (30) calendar days after the date a valid the completed renewal application for renewal is filed.
The animal control managerAnimal Control Manager shall extend the term of the immediately preceding permit during the period of any investigation or examination required to determine whether the permit should be renewed.
M. Standards. The animal control managerAnimal Control Manager shall, with the approval of the directorDirector, set minimum standards for the proper care and maintenance both of a kennel or cattery or a place of keeping of wild animals and of the animals kept therein which are, at a minimum, consistent with applicable state and federal standards. A copy of such standards shall be provided in writing to the applicant with each initial application for or application for renewal of a permit.
The animal control managerAnimal Control Manager shall notify each permit holder no less than ninety (90) calendar days in advance of any proposed change in the standards and shall advise the permit holder that comments regarding any change may be submitted to the directorDirector for review and consideration within thirty calendar days of notification. No change in the standards may be put in force without authorization of the directorDirector given at least thirty (30) calendar days in advance of the proposed effective date of the change.
N. Compliance with Standards. Each applicant or permit holder must demonstrate that the premises, facilities, cages, vivariums, aquariums, and equipment addressed in the permit comply with the standards on an ongoing basis. Upon request of the animal control managerAnimal Control Manager, and during normal business hours or by a mutually agreed time for the appointment, the applicant or permit holder must make the premises, facilities, cages, vivariums, aquariums, and equipment available for inspection by the animal control manager.Animal Control Manager. Failure to allow visual inspection as required shall be deemed a failure to comply Withwith the requirements of this chapter and shall be considered cause for denial of application or revocation of the permit.
O. Failure to Comply with Standards. If the applicant or permit holder fails to meet the requirements set in the standards, the animal control managerAnimal Control Manager shall so notify the applicant or permit holder in writing within three (3) calendar days of discovery ofdiscovering the failure to comply with the standards. The written notice shall advise the applicant or permit holder of any existing deficiency and the corrective measures that must be taken and completed to bring the premises, facilities, cages, vivariums, aquariums, and equipment into compliance with the standards.
The applicant or permit holder shall be given no more than thirty (30) calendar days and no less than fourteen (14) calendar days to complete the corrective measures, except that if any deficiency threatens the health or welfare of the animals kept or of the public, such corrective measures shall be made immediately or no later than one (1) day after the discovery of the deficiency.
Failure to correct the noted deficiencies as required shall be deemed a failure to comply with the standards and shall be considered cause for denial of the application or for revocation of the permit and may be considered cause for animal nuisance.
P. Grounds for Denial or Revocation. The animal control managerAnimal Control Manager may deny an initial permit application for or renewal application for renewal of a permit or may revoke a permit during its term if written findings described by subsections N and O of this section are made.
Q. Method of Denial or Revocation. A denial of an initial permit application for or renewal application for renewal of a permit or revocation of an existing permit made by the animal control managerAnimal Control Manager shall be in writing, with the reasons for denial or revocation stated. Written notice of the denial or revocation, together with a copy of the provisions of this section and the standards and any other provisions of this chapter which are applicablethat apply to the permit, shall be served either in person or by mail to the applicant or permit holder.
Denial of an initial permit application for or renewal application for renewal of a permit or revocation of an existing permit shall prohibit operation of the kennel or cattery or keeping of the wild animal(s) at any location within the unincorporated area of the cityCity which is governed by this chapter.
With respect to denial of an application for renewal of a permit or revocation of an existing permit, the immediately preceding permit shall be deemed to be in full force and effect for a period of fourteen (14) calendar days following the date of service upon the applicant or permit holder of the notice of denial or revocation. In the event the applicant files an appeal from the denial or revocation in the manner and within the time prescribed by subsection R of this section, the immediately preceding permit shall continue in full force and effect during the pendency of the appeal, until the date of the final decision by the appellate authority.
R. Appeals. The holder of a permit or applicant therefor may file an appeal from the following:
1. The denial of an initial application for or application for renewal of a permit pursuant to the provisions of subsection Q of this section;
2. The imposition of conditions at the time of issuance of an initial or renewed permit, pursuant to the provisions of subsection I of this section; or
3. The revocation of an existing permit pursuant to the provisions of subsection Q of this section.
Any such appeal shall be in writing in the form of an affidavit, shall state the specific reasons therefor and grounds asserted for relief, shall be signed under penalty of perjury, and shall be filed with the animal control managerAnimal Control Manager no later than fourteen (14) calendar days after the date of service of the notices prescribed by subsections I and Q of this section, as may be applicable. If an appeal is not filed within the time or in the manner prescribed above, the right to review the denial, conditions, or revocation shall be deemed to have been waived.
Upon receipt of the appeal, a hearing shall be set in accordance with the provisions of Section 6.04.300 of this chapter.
S. Effect of Revocation. The revocation of a permit shall terminate the right of the holder of the permit to engage in the enterprise or activity authorized by the permit for a period specified in the order of the hearing officer.Hearing Officer.
In the event of revocation of a permit, no other person shall be entitled to any rights or interests under the revoked permit, nor shall any such person be entitled to the issuance of a permit for the enterprise except upon written application filed with the animal control officer in accordance with the provisions of this chapter.
T. Removal of Animals. Upon revocation of the permit, the permit holder shall have fourteen (14) calendar days in which to remove from the cityCity or otherwise dispose of the animal kept pursuant to the permit or to appeal the Hearing Officer’s decision of the hearing officer.. Should the owner fail to take such action, the animal control managerAnimal Control Manager shall have the authority to seize the animal in a manner provided by law and dispose of it in accordance with the provisions of this chapter.
(Ord. 405-98 § 1 (part), 1998)
6.04.280 - Animal nuisances.
A. Declaration. The keeping, harboring, maintaining, or owning of any animal committing an animal nuisance as defined in Section 6.04.010(D) of this chapter, in addition to being a violation of this chapter, is declared to be a nuisance subject to abatement proceedings conducted in a similar, but not necessarily identical, manner as proceedings for abatement of other public nuisances.
B. Authority to Abate. Upon a determination after a hearing held in accordance with the provisions of Section 6.04.300 of this chapter, the animal control managerAnimal Control Manager shall have the authority to take whatever measures are specified in the determination to abate the animal nuisance including, but not limited to, impoundment and destruction of the nuisance animal.
C. Complaint. Any person aggrieved by an animal nuisance may file a complaint, signed under penalty of perjury, with the animal control manager.Animal Control Manager. Such complaint shall be in writing in the form of an affidavit and shall contain the following facts:
1. A description of the offending animal including, to the extent known, the color, size, sex, breed, and name of the animal, and the name and address of the owner of the animal;
2. An assertion that the animal described creates an animal nuisance within the meaning of Section 6.04.010(D) of this chapter, together with a statement of facts upon which the assertion is based, including the name and address of any person who has been aggrieved by the animal, a description of the animal nuisance, the names and addresses of any witnesses thereto, the time, date, and location of any incident related to the assertion; and
3. The name, residential and occupational addresses, and telephone numbers of the affiant.
D. Timely Filing. Unless otherwise provided, the filing of an animal nuisance complaint must be madefiled within thirty (30) days of the most recent event or circumstances occasioning the complaint.
Upon evidence that good cause exists that the complaint could not be filed within thirty (30) calendar days, the animal control managerAnimal Control Manager may extend the deadline for filing of the complaint.
E. Impoundment of Animal. Upon receipt by the animal control manager ofAnimal Control Manager of the complaint filed in compliance with subsection C and D of this section, the animal control managerAnimal Control Manager shall initiate an investigation of the incident or incidents described in the complaint for the purpose of verifyingto verify the facts stated or obtainingobtain other information. If, after an investigation, the identified facts show the existence of an animal nuisance within the meaning of subsection D of this section, the animal control managerAnimal Control Manager shall cause a hearing to be conducted. If such nuisance poses an imminent threat to public health or safety, the animal control managerAnimal Control Manager shall immediately locate and impound the animal which is the subject ofto the charges.
F. Notice of Hearing. Not later than fourteen (14) calendar days after the impoundment of a purported nuisance animal or, if the animal is not impounded but a determination has been made to hold a hearing to abate an animal nuisance, at such time as determined by the animal control manager, the animal control managerAnimal Control Manager, the Animal Control Manager shall either personally serve upon or mail to the residential address of the owner of the animal and affiant the following:
1. A written notice of the time, date, and place of the hearing prescribed by Section 6.04.300 of this chapter;
2. A copy of the complaint filed pursuant to subsection C and D of this section; and
3. A copy of the provisions of this chapter.
Conversely, if, or after an investigation, the identified facts show the cause to conduct a hearing has not been shown, the animal control managerAnimal Control Manager shall so notify the affiant and the animal owner in writing.
(Ord. 405-98 § 1 (part), 1998)
6.04.290 - Dangerous and vicious animals.
A. Purpose. The purpose of this section is to regulate the keeping of animals whichthat are potentially dangerous or vicious or involve a threat to the safety of people and other animals on streets, sidewalks, and private property where the animals are not properly maintained as such animals constitute a serious hazard within the incorporated area of the city of Chowchilla. The increasing tendency to maintain dogs which, by virtue of breeding or training, have a propensity to attack others, compounds the hazard.
Every owner of an animal is held strictly accountable for the exercise of suchexercising control over the animal as necessary to insureensure that the animal does not injure innocent human beings or other animals who are not on the premises where the animal is maintained. Such strict accountability is hereby imposed whether or not the injury results from the owner’s negligence or fault of the owner, and regardless of the degree of precaution or control exercised by the owner.
B. Owner Responsible. Any owner of anyThe animal owner is deemed responsible for the acts committed by that animal when the owner has failed to comply with the legal requirements for the keeping of that animal as defined in this chapter. No person shall permit or suffer an animal to act in such a manner asthat constitutes dangerous or vicious behavior as defined in Sections 6.04.010(K) and 6.04.010(AB) of this chapter.
A violation of any of the provisions of this section is punishable as follows:
1. Any animal owner who maintains an animal in such a manner as to permit or suffer it to exhibit dangerous behavior shall be guilty of a misdemeanor.
2. Any animal owner who maintains any animal in such a manner as to permit or suffer it to exhibit vicious behavior shall be guilty of a misdemeanor.
Nothing in this section shall prevent prosecution for violations of other statutes or codes which may deal with other or more specific offenses, including but not limited to, penal and civil statutes.
C. Sale Prohibited. No animal held in custody by the animal control managerAnimal Control Manager which is known to have exhibited dangerous or vicious behavior as defined in this chapter shall be released for sale to any member of the public, but rather shall be destroyed upon exhaustion of the required period of impoundment unless legally reclaimed by the owner.
D. Quarantine. No animal which has been declared dangerous or vicious or against which dangerous or vicious animal affidavit has been filed may be impounded or quarantined at any place other than the animal control center unless authorized by the animal control managerAnimal Control Manager.
E. Filing of Charges. Any person, including employees of animal control, possessing personal knowledge of facts that there exists a dangerous or vicious animal within the incorporated area of the city of Chowchilla. The complainant may file with the animal control managerAnimal Control Manager a written affidavit, signed under the penalty of perjury, which contains the following facts:
1. A description of the offending animal including, to the extent known, the color, size, sex, breed, and name of the animal, and the name and address of the animal owner;
2. An assertion that the animal described is a dangerous or vicious animal within the meaning of Sections 6.04.010(K) or 6.04.010(AB), together with a statement of the facts upon which the assertion was based, including the name and address of any person who has been victimized or injured, including a description of the extent of the injuries, the names and addresses of the witnesses thereto, the time, date, and location of the incident related to the assertion, and an explanation of how the personal knowledge of the affiant was acquired; and
3. The name, residential and occupational addresses, and telephone numbers of the affiant.
F. Timely Filing. Unless otherwise provided, the filing of a dangerous or vicious affidavit must be made within thirty (30) calendar days of the most recent event or circumstances occasioning the affidavit.
Upon evidence that good cause exists that an affidavit could not be filed within the thirty (30) calendar days, the animal control managerAnimal Control Manager may extend the deadline for filing the affidavit.
G. Impoundment of Animal. Upon receipt by the animal control managerAnimal Control Manager of an affidavit filed in compliance with subsections E and F of this section, the animal control managerAnimal Control Manager shall initiate an investigation of the incident or incidents described in the affidavit for the purpose of verifying the facts stated and obtaining other information. If, after an investigation, the identified facts show the existence of a vicious animal within the meaning of Section 6.04.010(AA) of this chapter, the animal control managerAnimal Control Manager shall immediately locate and impound the animal which is the subject of the charges. If, or after an investigation, the animal control managerAnimal Control Manager identifies facts whichthat show the existence of a dangerous animal within the meaning of Section 6.04.010(J) of this chapter, he or she shall cause a dangerous animal hearing toshall be conducted.
H. Notice of Hearing. Not later than fourteen (14) calendar days after the impoundment of a purportedly vicious animal or, if the animal is not impounded but a determination has been made to hold a hearing concerning a purported dangerous animal, at such time as is determined by the animal control manager, the animal control managerAnimal Control Manager, the Animal Control Manager shall mail to the residential address of the owner of the animal and affiant the following:
1. A written notice of the time, date, and place of the hearing prescribed in Section 6.04.300 of this chapter, the date of the said hearing to be scheduled not earlier than fourteen (14) calendar days following personal service or deposit in the United States mail of the notice;
2. A copy of the affidavit filed pursuant to subsections E and F of this section; and
3. A copy of the provisions of this chapter.
Conversely, if, or after an investigation, the identified facts show that cause to conduct a dangerous or vicious animal hearing has not been shown, the animal control manager,Animal Control Manager shall so notify the animal owner in writing.
I. Bond Required. At the discretion of the animal control managerAnimal Control Manager, any animal impounded or quarantined pursuant to the provisions of this chapter may be returned to the custody of its owner pending the conductoutcome of the dangerous or vicious animal hearing and the rendering of a decision by the hearing officerHearing Officer, provided such return is determined to pose no threat to public health and safety.
The owner, if authorized by the animal control managerAnimal Control Manager, may gain custody of the animal by posting a cash bond in the amount of one thousand dollars ($1,000.00) or such greater amount as is justified in writing and approved by the directorDirector as necessary to assure the return of the animal or by furnishing other security upon review and approval by the city attorneyCity Attorney, which bond or other security shall be forfeited in the event the animal is not delivered into the custody of the animal control managerAnimal Control Manager if so ordered in the decision rendered by the hearing officerHearing Officer.
J. Registration. Any animal which has been declared by the hearing officer to be dangerous or vicious within the meaning of Section 6.04.010(J) or Section 6.04.010(AA) of this chapter shall be subject to special registration requirements as follows:
An owner of a dangerous or vicious animal is required to pay, in addition to any licensing or permit fee, an annual special registration fee (as applicable) which shall be valid and renewable concurrent with the effective dates of the licensing of the animal. Late registration is subject to a penalty fee equal to two times the annual registration fee.
K. Keeping of a Dangerous or Vicious Animal. Except as otherwise provided in the decision rendered by the hearing officerHearing Officer, the keeping of an animal which has been declared dangerous or vicious shall, at the minimum, be subject to the following provisions:
1. The animal must at all times, when not under restraint by a leash on public property, be securely confined under lock within a lawful fence. Except as provided by Section 17121 of the California Food and Agriculture Code, a lawful fence means any fence which is good, strong, substantial and sufficient to prevent ingress and egress of the animal. No fence is a lawful fence within the meaning of this section unless it is a height of at least five feet, is securely affixed at its base and maintained in good repair;
2. The animal must, at all times, when kept in any part of a house or structure, be confined in such a manner that the animal cannot exit such building on its own volition; and.
3. The animal must, at all times,3. The animal must at all times, when off the owner’s premises, be under the control of a responsible adult physically capable of retaining control of the animal and restrained by a substantial leash of not more than six feet (6') in length.
4. The animal must at all times be licensed and registered as required by this chapter and must be kept in compliance with all the regulatory provisions of this chapter in its entirety;.
4. 5. The animal owner must notify the animal control officerAnimal Control Officer in writing within three (3) calendar days if the location of the animal is to be permanently changed. An administration fee will be charged to modify the issued permit;
5. 6. The owner must allow the animal control officerAnimal Control Officer to inspect the property at such time as reasonablereasonably to insureensure the provisions ordered by the hearing officerHearing Officer are being complied with.
All costs associated with these provisions or any other or additional provisions ordered by the hearing officerHearing Officer shall be borne by the owner of the animal which has been declared to be dangerous or vicious.
L. Mitigating Circumstances. In considering whether an animal is dangerous and/or vicious, the hearing officerHearing Officer may hear and consider evidence of any of the following mitigating circumstances:
1. That the injury or damage complained of was sustained by a person who, was committing a willful trespass or other tort upon premises occupied by the owner of the animal, or was teasing, tormenting, abusing, or assaulting the animal, or was committing or attempting to commit a crime;
2. That the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault;
3. That the injury or damage complained of was sustained by a domestic animal which at the time the injury or damage was teasing, tormenting, abusing, or assaulting the animal which is the subject of the hearing;
4. The injury or damage complained of was to a domestic animal, and was sustained while the animal in question was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner and the damage or injury complained of was to a species or type of domestic animal appropriate to the work of the dog.
M. Right to Destroy. Nothing in this section shall be construed to prevent the animal control managerAnimal Control Manager from destroying an animal whichthat is in the act of dangerous or vicious behavior towards any person or other animal as set forth in Sections 6.04.010(K) and
6.04.010(AB) of this chapter, if such immediate destruction is reasonably necessary to protect public safety.
(Ord. 405-98 § 1 (part), 1998)
6.04.300 - Hearings.
A. Purpose. The purpose of this section shall be to create special procedures to assure full access to administrative remedies in the application or enforcement of this title and for the mediation of disputes involving any animal governed by this chapter. Such procedures shall be administered by the directorDirector and conducted by the hearing officerHearing Officer.
B. Cause for Hearing. Hearings may be held to determine the following:
1. That an animal is a nuisance animal within the meaning of this chapter;
2. That an animal is a dangerous animal within the meaning of this chapter;
3. That an animal is a vicious animal within the meaning of this chapter;
4. That a permit has been denied, issued conditionally, or revoked in accordance with the provisions of this chapter;
5. That the decision of the hearing officerHearing Officer has been breached; or
6. That cause for an order no longer exists and the owner may be relieved of the conditions imposed by saidthe order.
A person shall be deemed to have shown cause for a hearing to be held when he or she compliesthey comply with the applicable appeal, complaint, or charge filing provisions specified in Sections 6.04.270, 6.04.280, and 6.04.290 of this chapter.
As requested by the directorDirector, hearings may be held in order to attempt mediation of other such matters as may arise from the keeping of animals.
C. Authority of Hearing Officer. The hearing officerHearing Officer shall be authorized within the scope of authority given by Title 6 to the directorDirector, to conduct hearings to resolve conflicts arising from the application and enforcement of this title, to make binding determinations, and to mediate disputes related to the keeping of animals pursuant to this title.
D. Oaths and Subpoenas. The hearing officerHearing Officer shall have the power to administer oaths of affirmations. At the request of either the animal control managerAnimal Control Manager or the animal owner, the city clerkCity Clerk shall, on behalf of the board, issue subpoenas for the attendance of witnesses at the hearing and be responsible for all official records of the hearing process.
E. Hearing.
1. Not later than thirty (30) calendar days following the date of filing either an appeal as prescribed by Section 6.04.270(R) or a complaint as prescribed in Sections 6.04.280(C) and 6.04.280(D) or charges as prescribed in Sections 6.04.290(E) and 6.04.290(F) of this chapter, the hearing officerHearing Officer shall conduct a hearing to determine whether the requested action should be granted or denied. Written notice of the time, date, and place of the hearing shall be served upon the directorDirector, the affiant, and the animal owner not later than fourteen (14) calendar days preceding the date of the hearing.
a. During the hearing, the burden of proof shall rest with the plaintiff, and such proof shall be based upon a preponderance of the evidence. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearing, nor shall formal rules of evidence in civil or criminal judicial proceedings be applicable. The affiant and the animal owner may appear, present evidence, and examine and cross-examine witnesses.
b. Absent extraordinary circumstances as determined by the hearing officerHearing Officer, no animal may be presented as evidence or be present during the hearing. c. In the event the affiant or the animal owner fails to appear at the time, date, and place appointed for the hearing, the hearing shall be conducted in the absence of the affiant or animal owner, and the hearing officerHearing Officer shall render a decision based upon the evidence presented during the hearing.
d. For the convenience of the hearing officerHearing Officer only, the hearing shall be tape recorded, and the tape recordings and all documents presented as evidence shall be maintained for a period of three (3) years as a part of the record of the hearing.
2. Unless otherwise agreed by the parties, within fourteen (14) calendar days of the conclusion of the hearing, the hearing officerHearing Officer shall issue a written decision, including but not limited to, findings of fact and conclusions relative to the following:
a. Whether, based upon the evidence during the hearing, the action requested is granted or denied; and
b. What disposition should be made as a consequence.
3. The hearing officerHearing Officer shall make a disposition based upon consideration of all of the facts and circumstances revealed by the evidence presented in the hearing and may order either:
a. That the animal control managerAnimal Control Manager destroy the animal in question; b. That the animal control managerAnimal Control Manager release the animal in question to the owner subject to such conditions or special registration requirements as may be specified in this chapter or required to ensure public safety and animal welfare; c. That the animal control managerAnimal Control Manager remove the animal in question for disposition in accordance with the applicable provisions of this chapter; d. That the animal control managerAnimal Control Manager release the animal in question to the owner subject to payment of such fees and expenses as may be applicable according to the provision of this chapter; or
e. The animal control managerAnimal Control Manager issue, deny, or revoke the subject permit.
4. Unless otherwise agreed by the parties, notice of the written decision, including a copy thereof, shall be filed with the animal control managerAnimal Control Manager and shall be personally served upon or deposited in the United States mail to the affiant and the animal owner not later than twenty-one (21) calendar days following the date on which the hearing was concluded. The Hearing Officer’s decision of the hearing officer shall notify that the decision is final unless a party shall file a petition for a writ of mandate within fourteen (14) days of being served with the decision.
5. Failure to comply with any procedural requirements or time limits of this chapter shall not deprive the hearing officerHearing Officer of jurisdiction over the issue or shall not vitiate any hearing conducted or order made pursuant to this chapter unless such failure constitutes a denial of due process of law.
F. Finality of Determination. The decision of the hearing officerHearing Officer shall be final unless a party shall file a petition for a writ of mandate within fourteen (14) days following the receipt of the decision. There shall be no appeal to the city councilCity Council.
G. Disposition of Animal. Except as otherwise provided, in the event that the hearing officerHearing Officer orders destruction of an animal, the animal control managerAnimal Control Manager shall immediately impound or continue to impound said animal until fourteen (14) days following the date of personal service upon or deposit in the United States mail of notice of the hearing officer'sHearing Officer's decision to the owner. In the event that the animal control managerAnimal Control Manager is personally served with a summons or other legal process in connection with a lawsuit whichthat seeks review of the hearing officer'sHearing Officer's decision, the animal shall not be destroyed and shall continue to be impounded at the owner's expense while the lawsuit is pending.
H. Release of Animal. No animal impounded pursuant to Sections 6.04.280 or 6.04.290 of this chapter shall be released to any person other than the owner of such animal. Should the owner fail to redeem the animal by the date specified in the Hearing Officer’s decision of the hearing officer, unless for good cause as determined by the animal control managerAnimal Control Manager, the animal shall be destroyed.
Notwithstanding any other provision in this chapter or a decision or order by the hearing officerHearing Officer to the contrary, the animal control managerAnimal Control Manager shall not release an animal impounded pursuant to Section 6.04.280 or 6.04.290 of this chapter to the owner absent compliance with the provisions relating to redemption prescribed by Section 6.04.190(D) of this chapter, including, but not limited to, the payment by the owner of all fees and charges for impoundment.
I. Notification of Change. At such time as an animal declared to be dangerous, vicious, or a nuisance dies, or the location where the animal is kept changes, either through a change of residence or of ownership, the person owning the animal so declared must notify, in writing within five (5) calendar days, the animal control managerAnimal Control Manager of the change. Such notification must include the date of the animal's death and the place of burial or disposal of the animal or the name and the residential and occupational addresses and telephone numbers of the new owner and the new address and telephone number where the animal is to be kept.
J. Failure to Comply. Failure of the owner to comply with the provisions of this chapter or the order of the hearing officerHearing Officer is a misdemeanor.
K. Breach of Conditions. Jurisdiction shall continue in the hearing officerHearing Officer to order the removal and destruction of any animal which has been declared dangerous, vicious, or a nuisance should any of the conditions imposed by the order of the hearing officerHearing Officer be breached.
Such action shall be taken pursuant to a hearing initiated by the animal control managerAnimal Control Manager and scheduled and conducted in accordance with the provisions of subsection E of this section except that once prima facie evidence of the breach of conditions has been established, the burden of proof shall be upon the owner to show cause as to why the animal should not be removed and destroyed.
L. Relief. If, after a period of two years from the date of the determination of the hearing officerHearing Officer that the animal is dangerous, vicious, or a nuisance, it can be demonstrated that the owner has complied with the order of the hearing officerHearing Officer and that no further cause exists for the order to stay in force, the owner may apply to the hearing officerHearing Officer, in writing, for relief from the conditions for keeping or the provisions for special registration of the animal. Upon investigation by the animal control managerAnimal Control Manager and concurrence by the hearing officerHearing Officer, relief may be granted and the owner soshall be notified in writing, or a hearing may be conducted to determine if cause for relief exists.
M. The cost of a hearing held pursuant to this section shall be the responsibility of the animal's owner unless the hearing officerHearing Officer rules in favor of the owner. (Ord. 405-98 § 1 (part), 1998)
6.04.310 - Violation a public nuisance.
The maintenance of any animal in violation of any provision of this chapter or any order of a hearing officerHearing Officer issued to this chapter constitutes a public nuisance. (Ord. 405-98 § 1 (part), 1998)
6.04.320 - Penalties.
A. Notwithstanding the provisions of Chapter 1.16 of this code and unless otherwise stated in this chapter, a violation of any of the regulatory requirements of this title.
B. Every violation of this chapter constituting a misdemeanor is punishable by a fine not in excess of five hundred dollars ($500) or by imprisonment in the county jail for not more than six (6) months or by both.
C. Assessment of other penalties as prescribed herein not withstandingnotwithstanding, violations of this title may result in revocation of license or permit. (Ord. 405-98 § 1 (part), 1998)
Chapter 6.12 - ANIMALS—BERENDA RESERVOIR FACILITY
Sections:
6.12.010 - Prohibited when.
All animals, both domestic and otherwise, shall be prohibited from Berenda Reservoir Recreation Facility during special events and programs conducted under the authority of the City. (Ord. 330-82 § 1, 1982)
6.12.020 - Seeing-Eye dogs exempted.
Seeing-Eye dogs which are certified for that purpose and are being used to aid the disabled, and police dogs under the supervision of an individual employed by the City, shall be exempt from this chapter.
(Ord. 330-82 § 2, 1982)
6.12.030 - Allowing during special events prohibited.
It is unlawful for any person or persons to allow an animal domestic or otherwise which they own, have the care or charge of, control, custody, or possession of to be present at a special event at the Berenda Reservoir when such an event is under the authority of the City. (Ord. 330-82 § 3, 1982)
REPORT TO THE CITY COUNCIL
Item 6.1
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TO RETURN TO
THE AGENDA
Meeting of: February 8, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration of a Resolution of the City of Chowchilla Authorizing Submittal of Application for Payment Programs and Related Authorizations with California Department of Resources Recycling and Recovery (CalRecycle)
PREPARED BY: Beatrice Mayers, Administrative Analyst
APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopts a resolution authorizing the City Administrator or designee to submit an application for payment with CalRecycle.
BACKGROUND:
On November 23, 2021, City Council approved an update to the City ordinance to address the SB1383 regulatory requirements related to organics recycling. The fiscal impact portion of the report identified potential additional costs to the Solid Waste Fund in order to comply with the regulation. Since that time, California's Department of Resources Recycling and Recovery (CalRecycle) has also recognized that the enforcement and implementation of SB1383 may cause a hardship for many cities and is now offering limited financial assistance through a non-competitive grant.
REASON FOR RECOMMENDATION:
The City of Chowchilla is eligible to receive an estimated $23,751 of grant funding to defray some of the costs associated with SB 1383. CalRecycle is administering this grant as a one-time grant program This non-competitive grant program will aid with the implementation of regulation requirements associated with SB1383.
Potential uses of grant funds can be for:
• Record Keeping
• Procurement requirements designated by the state of California • Education and outreach to the community
• Capacity planning
• Program evaluation/Gap analysis
If approved, the City would benefit from using the funds towards the procurement requirement designated by SB1383. Our contracted hauler estimates this expense to be around $30,000 to $40,000.
FISCAL IMPACT:
If approved by CalRecycle, the City will receive $23,751 of grant funding to the Solid Waste Fund for SB 1383 implementation.
ALTERNATIVES:
Not to apply for the grant.
ACTIONS FOLLOWING APPROVAL:
A copy of the approved resolution will be uploaded to CalRecycle’s Grant Management System as required COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANT AND
PAYMENT PROGRAMS FOR WHICH THE CITY OF CHOWCHILLA IS ELIGIBLE WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and
WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The City Administrator, or designee is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; and
2. The above recitals are true and correct; and
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 8th day of February, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk