AGENDA
Regular City Council/ Redevelopment Successor
Agency Joint Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, April 12, 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.
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 APPOINTMENT/EMPLOYMENT – Pursuant to Government Code Section 54957
Title: Police Chief
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION:
CLOSED SESSION REPORT:
City Council/RSA Meeting Agenda April 12, 2022
PRESENTATIONS/WORKSHOP - Section 1
1.1 Oath of Office: Michael Breashears, Carlos Celedon, Cade Nelson, Volunteer Firefighters
1.2 Proclamations:National Animal Care and Control Appreciation Week, April 10-16 National Public Safety Telecommunications Week, April 10-16 Sexual Assault Awareness Month
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 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 March 22, 2022 City Council/Redevelopment Successor Agency Meeting Minutes (McClendon)
3.2 Approval of the March 31, 2022 Special City Council Meeting (McClendon)
3.3 Consideration and Approval of the March 2022 Check Register Report (Williams)
3.4 Consideration and Adoption of a City Council Resolution Authorizing Continued Use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)
3.5 Consideration of the Quarterly Fee Waiver Report (Pruett)
3.6 Consideration and Adoption of a City Council Resolution Approving Amended Applications for Transportation Development Act (TDA) Funds for Fiscal Year 2021/2022 due to Increases in STA and LTF Allocations and Prior Years Carryover of Funds for Pedestrian and Bicycle Program, and, Authorizing the City Administrator or Designees to Execute and Submit Applications to the Madera County Transportation Commission (McClendon)
City Council/RSA Meeting Agenda April 12, 2022
3.7 Consideration of the February 2022 Financial Statements (Williams) PUBLIC HEARINGS – Section 4
4.1 Introduction, First Reading with Option to Waive the First Reading of an Ordinance that Adopts a Military Equipment Use Policy Pursuant to Assembly Bill 481 (Attorney) DEFERRED BUSINES – Section 5
5.1 Consideration and Adoption of a City Council Resolution to Revoke Conditional Use Permit No. 20-0008 Granted on June 17, 2020 for an Automotive Repair Shop Located at 235 W. Robertson Boulevard (APN 002-051-010) (Hamilton) NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Approving a Second Amendment of the Employment Agreement Between the Police Chief and the City of Chowchilla, Extending the Term Date to January 13, 2023 (Attorney)
6.2 Consideration and Adoption of a City Council Resolution Authorizing Execution and Recordation of Quitclaim Deeds Quitclaiming Real Property Interests of the Successor Agency of the Chowchilla Redevelopment Agency to the City of Chowchilla (Pruett)
6.3 Consideration and Adoption of a City Council Resolution Amending the City of Chowchilla Salary Scale to Include an Additional Job Classification of Deputy Director of Recreation and Community Engagement (Pruett)
6.4 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
ANNOUNCEMENTS – Section 7
APR 16 EASTER EGG SCRAMBLE, ED RAY PARK, 8:30AM
APR 18-22 CHOWCHILLA CURBSIDE CLEAN UP EVENT
APR 20 PLANNING COMMISSION MEETING, CITY HALL, 7PM
APR 21 SPRING FESTIVAL ARMED FORCES DAY PARADE, ROBERTSON BLVD., 10AM SCIENCE IN THE PARK, ED RAY PARK, 3:30PM
APR 22 SCIENCE IN THE PARK, ED RAY PARK, 4:30PM
APR 23 SCIENCE IN THE PARK, ED RAY PARK, 10AM
RUSTIC ROUND-UP VENDOR MARKETPLACE, CHOWCHILLA FAIRGROUNDS, 10AM APR 26 REGULAR CITY COUNCIL MEETING, CITY HALL, 7PM
ADJOURNMENT
Adjourn In Memory of Vern Moss
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 7th day of April, 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/89585073124?pwd=SjBwcnZJSHJXZzRjY0Jm SVNxSG1hdz09
Passcode: 51 51 09
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 895 8507 3124
Passcode: 51 51 09
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.
City of Chowchilla
Oath of Office
I, Michael Breashears, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
______________________________________
Michael Breashears
Volunteer Firefighter
Subscribed and sworn to, before me,
this 12th day of April, 2022.
______________________________________
Joann McClendon
City Clerk
City of Chowchilla
Oath of Office
I, Carlos Celedon, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
______________________________________
Carlos Celedon
Volunteer Firefighter
Subscribed and sworn to, before me,
this 12th day of April, 2022.
______________________________________
Joann McClendon
City Clerk
City of Chowchilla
Oath of Office
I, Cade Nelson, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
______________________________________
Cade Nelson
Volunteer Firefighter
Subscribed and sworn to, before me,
this 12th day of April, 2022.
______________________________________
Joann McClendon
City Clerk
Proclamation
DESIGNATING APRIL 10-16, 2022, AS
NATIONAL ANIMAL CARE & CONTROL
OFFICER APPRECIATION WEEK
WHEREAS, the National Animal Control Association has designated the second week of April each year as Animal Care & Control Appreciation week; and WHEREAS, the various Federal, State and Local Government Officials throughout the Country take this time to recognize, thank, and commend all Animal Care & Control Officers for the dedicated service they provide to the citizens, various Public Safety, public Service Agencies and Department throughout the Country; and
WHEREAS, the City of Chowchilla would like to express its sincere thanks and appreciation for the outstanding service the Chowchilla Police Department’s Animal Control Division provides on a daily basis to the citizens of the City; and WHEREAS, the Chowchilla City Council recognizes and commends the Animal Control Officers, Staff and Volunteers for the many dedicated and long hours of service they provide in order to serve this community, and for fulfilling the Animal Control Division’s commitment to providing the highest and most efficient level of customer service; and WHEREAS, the Chowchilla City Council wishes to commend the Animal Control Division and its volunteers for their service and dedication, which is in keeping with the long and distinguished tradition of the Animal Care & Control Profession.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Chowchilla does hereby officially recognize the week of April 10-16, 2022 as Animal Care & Control Officer Appreciation Week, and respectfully asks all citizens and Public Service personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the many long hours of outstanding service and quality performance these individuals provide throughout the year to assure the safety and welfare of all.
Presented this 12th day of April, 2022
_____________________________________________
JOHN CHAVEZ, MAYOR
City of Chowchilla, County of Madera, State of California Proclamation
DESIGNATING APRIL 10-16, 2022, AS
NATIONAL PUBLIC SAFETY
TELECOMMUNICATORS WEEK
WHEREAS, emergencies can occur at any time that requires police, fire, or emergency medical services; and
WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the City of Chowchilla emergency communications center; and
WHEREAS, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and
WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and
WHEREAS, Public Safety Telecommunicators of the City of Chowchilla has contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during their job performance in the past year.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chowchilla hereby proclaims the week of April 10-16, 2022, to be "National Public Safety Telecommunicators Week" in honor of the men and women whose diligence and professionalism keep our city and citizens safe.
Presented this 12th day of April 2022
_____________________________________________
JOHN CHAVEZ, MAYOR
City of Chowchilla, County of Madera, State of California Proclamation
DESIGNATING THE MONTH OF APRIL 2022, AS
SEXUAL ASSAULT
AWARNESS MONTH
April is Sexual Assault Awareness Month - a time to draw attention to the prevalence of sexual assault and educate individuals and communities about how to prevent it. It also calls attention to misconceptions and misinformation about sexual assault; and WHEREAS, sexual harassment, abuse, and assault are widespread problems. We know in the United States alone, nearly one in four girls and one in six boys is sexually abused before the age of 18; and
WHEREAS, sexual abuse happens in all communities - and that includes online space. We are spending more and more of our lives online-whether for work, school, or entertainment. Unfortunately, with this increase in virtual connection comes an increase in online abuse and harassment; and
WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own, but we can work together to educate our entire population about what can be done to prevent sexual assault, support victims and survivors and increase support for CAPMC-Victim Services; and
WHEREAS, with prevention education we can be successful in reducing this damaging crime and as a community we can create a society where sexual assault is not tolerated, survivors are supported and all person in our community can live without fear of sexual assault.
NOW, THEREFORE, BE IT PROCLAIMED, I, John Chavez, Mayor of the City of Chowchilla, and on behalf of the entire City Council does hereby proclaim April 2022 as Sexual Assault Awareness Month.
Presented this 12th day of April 2022
_____________________________________________
JOHN CHAVEZ, MAYOR
City of Chowchilla, County of Madera, State of California
MINUTES
Special City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, March 22, 2022
Open Session: 6:00 p.m.
CALL TO ORDER/ROLL CALL:
Mayor: John Chavez (absent)
Mayor Pro Tem: Ray Barragan (absent)
Council 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, Recreation & Community Outreach Manager Stacy Wisener, IT System Administrator Kurt Wlodarczyk, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
Motion by Council Member Palmer, Seconded by Council Member Smith to Approve the Agenda as Presented. Motion passed with Mayor Pro Tem Barragan and Mayor Chavez absent.
OPEN SESSION – 6:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Council Member Palmer
PRESENTATIONS/WORKSHOP - Section 1
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 an Economic Development hoc meeting with a developer interested in the Greenhills community. He also attended a Madera County Economic Development Commission meeting where they are accepting applications for microbusiness COVID-19 relief grant, $2500 per business.
2.2 STAFF VERBAL REPORTS
Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
City Council Meeting Minutes March 22, 2022
City Administrator Pruett attended a Measure T Steering Committee meeting regarding allocation method will be by population; attended the League of California Cities Central Division meeting/dinner; had a couple of meeting with some potential incoming businesses; had a follow up meeting with Autozone regarding Chowchilla Boulevard frontage improvements; met with Finance Director over ARPA funds and the City will be receiving the rest of the allocation by July, and the grantor made changes of what can be claimed; had attended the ICSC Conference in Monterey and it went well, and will be forgoing the May ICSC Conference due to current workload.
Recreation and Community Outreach Manager Wisner announced the community can now reserve park facilities online, and can also register for community events. The Chamber of Commerce will host a community shred day vent on May 11; looking for donations for upcoming events.
Public Works Director Rogers reported that staff met with PG&E’s contractor about restoration work on Kings Avenue and N. Front St. The City is currently on the schedule for April 10th according to them.
Last week the City held a pre-bid meeting for the Police Department Pipe Replacement Project.
No contractors showed up to the optional meeting. The Invitation to Bid closes on April 7th.
The City’s Engineering consultants, Yamabe and Horn, recently submitted a request for a 60-day notice to terminate their engineering services agreement with City. The City is currently advertising for qualified firms to replace them during this period and have a smooth transition.
The City’s contractor is currently trimming the small palm trees on Robertson Boulevard over the next two weeks.
The City is finally going out to bid for the Humboldt Avenue Street Improvements Project tomorrow, with the bid request closing in mid-April.
He thanked Manager Wisener and the City Council for getting the Science in the park going. He has taken his son to it and he really enjoyed it. It’s a great program.
Community and Economic Development Director Hamilton attended a site selection workshop in San Diego; attended ICSC in Monterey, made positive interactions and have received 3 different types of inquiries since. A builder is going to submit a Tentative Map for the east side of Chowchilla at Rancho Calera. In the downtown area, Cosaros opened on the 200 block and a new Boss Lady’s Boutique, filling up more of the vacant storefronts. Work continues at Oleander Terrace and other areas.
Finance Director Williams reported that her department is completing the audit, gearing up to start mid-year budget.
CONSENT CALENDAR – Section 3
3.1 Approval of the March 8, 2022 City Council Meeting Minutes (McClendon)
3.2 Consideration and Adoption of a City Council Resolution (20-22) Authorizing Continued use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)
City Council Meeting Minutes March 22, 2022
3.3 Consideration and Adoption of a City Council Resolution (21-22) Accepting Budget Amendments as Part of the 2020-2021 Fiscal Year (Williams) Motion by Council Member Palmer, Seconded by Council Member Smith to Approve the Consent Calendar as Presented. Motion passed with Mayor Pro Tem Barragan and Mayor Chavez absent.
PUBLIC HEARINGS – Section 4
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Accepting General Plan Annual Progress Report and Annual Housing Element Progress Report for the 2021 Year (Hamilton)
Motion by Council Member Smith, Seconded by Council Member Palmer to Approve City Council Resolution #22-22, Accepting General Plan Annual Progress Report and Annual Housing Element Progress Report for the 2021 Year. Motion passed with Mayor Pro Tem Barragan and Mayor Chavez absent.
6.2 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
ANNOUNCEMENTS – Section 7
MAR 26 CHOWCHILLA FAIR KICKOFF DINNER, CHOWCHILLA FAIRGROUNDS, 6PM APR 9 K-9 BENEFIT DINNER, EASTMAN HALL, 5:30PM
APR 12 CITY COUNCIL MEETING, CITY HALL, 7PM
APR 16 EASTER EGG SCRAMBLE, EDWARD RAY PARK, 8:30AM
MAY 21 SPRING FESTIVAL ARMED FORCES DAY PARADE, ROBERTSON BOULEVARD, 10AM
ADJOURNMENT
Council Member Ahmed Adjourned the March 22, 2022 Special City Council Meeting at 6:23 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor John Chavez
MINUTES
Special City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Thursday, March 31, 2022
Open Session: 4:00 p.m.
CALL TO ORDER/ROLL CALL: 4:02
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith (absent) City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, IT System Administrator Kurt Wlodarczyk, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
Motion by Council Member Ahmed, Seconded by Council Member Palmer to Approve the Agenda as Presented. Motion passed unanimously by roll call vote with Council Member Smith absent.
OPEN SESSION – 4:02 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Council Member Palmer
NEW BUSINESS – Section 1
1.1 Presentation of the City’s Fiscal Year 2020-2021 Financial Statement Audit (Pruett) Motion by Council Member Palmer, Seconded by Council Member Ahmed to Accept the Presentation of the City’s Fiscal Year 2002-2021 Financial Statement Audit. Motion passed with Council Member Smith absent.
ADJOURNMENT
Mayor Chavez adjourened the March 31, 2022 Special City Council meeting at 4:18 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor John Chavez
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Kerri Williams, Finance Director
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 March 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.
4/1/2022 9:03:07 AM Page 1 of 5
Check Report
Chowchilla, CA By Check Number
Date Range: 03/01/2022 - 03/31/2022
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: Pooled Cash General-Pooled Cash General
13445 Mark Hamilton 03/01/2022 Regular 0.00 150.00 62477 13633 TeamCalifornia Economic Development 03/01/2022 Regular 0.00 3,000.00 62478 41 Aanonson Sprinkler Company 03/02/2022 Regular 0.00 156.96 62479 196 AFLAC 03/02/2022 Regular 0.00 1,442.02 62480
336 Alliant Insurance Service Inc. 03/02/2022 Regular 0.00 7,286.00 62481 12477 American Valley Waste Oil Inc 03/02/2022 Regular 0.00 165.00 62482 646 AT & T 03/02/2022 Regular 0.00 1,454.75 62483
12493 Baker Supplies and Repairs 03/02/2022 Regular 0.00 399.01 62484 1111 Blue Shield of California 03/02/2022 Regular 0.00 76,502.30 62485 1281 BSK Associates 03/02/2022 Regular 0.00 1,065.00 62486 1776 Cascade Fire Equipment Company 03/02/2022 Regular 0.00 5,008.23 62487 2131 Chowchilla DoIt Best 03/02/2022 Regular 0.00 144.61 62488 2136 Chowchilla Employees Assn. 03/02/2022 Regular 0.00 210.00 62489 12408 Chowchilla Mid-Management 03/02/2022 Regular 0.00 220.00 62490 2166 Chowchilla Office 03/02/2022 Regular 0.00 135.00 62491 2171 Chowchilla Peace Officers 03/02/2022 Regular 0.00 1,161.00 62492 13003 D & V Sporting Gear 03/02/2022 Regular 0.00 76.13 62493 11494 David Burnett 03/02/2022 Regular 0.00 16.00 62494 3036 Department of Justice/Acc B/A 03/02/2022 Regular 0.00 35.00 62495 3711 Farmers Hardware 03/02/2022 Regular 0.00 387.35 62496 3836 Fitness Peak 03/02/2022 Regular 0.00 140.00 62497
13715 Full Circle Training Solutions 03/02/2022 Regular 0.00 1,995.00 62498 4616 Grover Landscape Services Inc. 03/02/2022 Regular 0.00 73.44 62499 13071 Guadalupe Gonzalez 03/02/2022 Regular 0.00 100.00 62500 11444 H & H Engineering Construction Inc. 03/02/2022 Regular 0.00 215.00 62501 5006 Hi-Tech Emergency Vehicle 03/02/2022 Regular 0.00 931.12 62502 12225 Home Depot Credit Services 03/02/2022 Regular 0.00 2,591.61 62503 5061 Horizon 03/02/2022 Regular 0.00 217.16 62504
13006 Jason Rogers 03/02/2022 Regular 0.00 321.89 62505 6626 Joann McClendon 03/02/2022 Regular 0.00 390.04 62506 11750 John Chavez 03/02/2022 Regular 0.00 160.00 62507
01093 Kelby Grissom 03/02/2022 Regular 0.00 85.00 62508 5861 Law & Associates Investigations 03/02/2022 Regular 0.00 1,800.00 62509 5911 League of California Cities 03/02/2022 Regular 0.00 7,319.00 62510 6126 Lozano Smith, LLP 03/02/2022 Regular 0.00 13,244.36 62511 6191 Mace Pest Control 03/02/2022 Regular 0.00 80.00 62512 6246 Madera Co Auditor/Controller 03/02/2022 Regular 0.00 125,523.11 62513 6346 Madera Tribune 03/02/2022 Regular 0.00 159.25 62514 13504 Metropolitan Transportation Commission 03/02/2022 Regular 0.00 1,500.00 62515 12282 Mid Valley Disposal Inc. 03/02/2022 Regular 0.00 105,921.29 62516 13311 Municipal Maintenance 03/02/2022 Regular 0.00 581.25 62517 11445 MuniServices LLC 03/02/2022 Regular 0.00 1,039.99 62518 7176 Myers Stevens & Toohey & Co Inc 03/02/2022 Regular 0.00 795.70 62519 13683 Navia Benefit Solutions 03/02/2022 Regular 0.00 69.80 62520 7281 NBS Government Finance 03/02/2022 Regular 0.00 7,360.48 62521 11956 Occupational Health Centers of 03/02/2022 Regular 0.00 413.00 62522 7516 Office Depot, Inc. 03/02/2022 Regular 0.00 911.36 62523 13790 PACE Supply Corp 03/02/2022 Regular 0.00 10,121.55 62524 13466 PacWest Direct 03/02/2022 Regular 0.00 4,738.93 62525 7966 Platt Electrical Supply 03/02/2022 Regular 0.00 364.95 62526 13016 Polydyne Inc. 03/02/2022 Regular 0.00 517.76 62527 11482 Price Paige & Company 03/02/2022 Regular 0.00 2,866.00 62528 8031 Principal Financial Group 03/02/2022 Regular 0.00 8,807.18 62529 11432 Prudential Overall Supply 03/02/2022 Regular 0.00 341.26 62530 Check Report Date Range: 03/01/2022 - 03/31/2022
4/1/2022 9:03:07 AM Page 2 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 13539 Quadient Finance USA, Inc. 03/02/2022 Regular 0.00 800.00 62531 13613 Quadient Leasing USA, Inc. 03/02/2022 Regular 0.00 632.10 62532 12283 R & R Pool Service 03/02/2022 Regular 0.00 158.95 62533 13634 Red Triangle Oil Company 03/02/2022 Regular 0.00 226.47 62534 6691 Rick Manuel Medeiros 03/02/2022 Regular 0.00 470.00 62535 11486 Robin Roman 03/02/2022 Regular 0.00 526.34 62536
1136 Silva Ford Madera 03/02/2022 Regular 0.00 35,435.97 62537 9376 Sparkletts 03/02/2022 Regular 0.00 65.88 62538
2046 Superior Pool Products, LLC 03/02/2022 Regular 0.00 2,427.59 62539 10131 TF Tire & Service 03/02/2022 Regular 0.00 180.77 62540 10181 The Radar Shop 03/02/2022 Regular 0.00 241.00 62541 13341 TJKM Transportation Consultants 03/02/2022 Regular 0.00 6,180.04 62542 13485 Toyota Material Handling 03/02/2022 Regular 0.00 306.37 62543 13517 Tyler Technologies, Inc. 03/02/2022 Regular 0.00 1,720.00 62544 12044 U.S. Bank (PARS) 03/02/2022 Regular 0.00 315.32 62545 10571 US BANK (CAL-CARD) 03/02/2022 Regular 0.00 16,221.82 62546 10581 USA Bluebook 03/02/2022 Regular 0.00 293.50 62547 13745 Van De Pol Enterprises 03/02/2022 Regular 0.00 4,960.88 62548 10756 Verizon Wireless 03/02/2022 Regular 0.00 2,546.73 62549 12016 Vision Service Plan - (CA) 03/02/2022 Regular 0.00 2,610.52 62550 10911 Vulcan Materials 03/02/2022 Regular 0.00 1,469.62 62551 01179 West Coast Pet Memorial Service 03/02/2022 Regular 0.00 360.50 62552 13090 Yamabe and Horn Engineering Inc. 03/02/2022 Regular 0.00 33,444.29 62553 12893 FunFlicks 03/10/2022 Regular 0.00 5,853.00 62554
6626 Joann McClendon 03/10/2022 Regular 0.00 561.44 62555 6881 MidLand TractorCompany 03/10/2022 Regular 0.00 222.15 62556 7671 Pacific Gas & Electric 03/10/2022 Regular 0.00 2,122.15 62557 9376 Sparkletts 03/10/2022 Regular 0.00 11.98 62558
10581 USA Bluebook 03/10/2022 Regular 0.00 701.87 62559 13090 Yamabe and Horn Engineering Inc. 03/10/2022 Regular 0.00 5,972.75 62560 12556 A-1 Auto Electric 03/17/2022 Regular 0.00 421.29 62561 296 Alert-O-Lite Inc. 03/17/2022 Regular 0.00 2,049.40 62562 446 Anderson Pump Co 03/17/2022 Regular 0.00 1,250.00 62563 13484 Badger Meter Inc. 03/17/2022 Regular 0.00 29,988.46 62564 12493 Baker Supplies and Repairs 03/17/2022 Regular 0.00 103.66 62565 1281 BSK Associates 03/17/2022 Regular 0.00 246.00 62566 12825 CalACT 03/17/2022 Regular 0.00 520.00 62567
1856 CDW Government, Inc. 03/17/2022 Regular 0.00 1,118.38 62568 2131 Chowchilla DoIt Best 03/17/2022 Regular 0.00 123.21 62569 2136 Chowchilla Employees Assn. 03/17/2022 Regular 0.00 210.00 62570 12408 Chowchilla Mid-Management 03/17/2022 Regular 0.00 220.00 62571 2166 Chowchilla Office 03/17/2022 Regular 0.00 135.00 62572 2171 Chowchilla Peace Officers 03/17/2022 Regular 0.00 1,161.00 62573 2251 City of Chowchilla-CH 03/17/2022 Regular 0.00 89.17 62574 2511 Cook's Communication Corp 03/17/2022 Regular 0.00 333.30 62575 13658 De Lange Landen Financial Services Inc. 03/17/2022 Regular 0.00 1,445.73 62576 3676 Ewing Irrigation Products Inc. 03/17/2022 Regular 0.00 147.48 62577 3711 Farmers Hardware 03/17/2022 Regular 0.00 954.62 62578 3836 Fitness Peak 03/17/2022 Regular 0.00 140.00 62579
11444 H & H Engineering Construction Inc. 03/17/2022 Regular 0.00 13,132.00 62580 13283 H & R Families Inc. 03/17/2022 Regular 0.00 80.00 62581 12225 Home Depot Credit Services 03/17/2022 Regular 0.00 664.36 62582 12876 Joshua Cobb 03/17/2022 Regular 0.00 170.00 62583
12876 Joshua Cobb 03/17/2022 Regular 0.00 -170.00 62583 5631 Kelly Moore Paint Company Inc. 03/17/2022 Regular 0.00 1,199.14 62584 01162 Kimberlee Klomp 03/17/2022 Regular 0.00 56.00 62585 5911 League of California Cities 03/17/2022 Regular 0.00 64.21 62586 13650 Madera County Farm Bureau 03/17/2022 Regular 0.00 5,177.52 62587 6346 Madera Tribune 03/17/2022 Regular 0.00 383.50 62588 12282 Mid Valley Disposal Inc. 03/17/2022 Regular 0.00 108,101.09 62589 6881 MidLand TractorCompany 03/17/2022 Regular 0.00 21,550.00 62590 Check Report Date Range: 03/01/2022 - 03/31/2022
4/1/2022 9:03:07 AM Page 3 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 7281 NBS Government Finance 03/17/2022 Regular 0.00 3,626.25 62591 11956 Occupational Health Centers of 03/17/2022 Regular 0.00 619.50 62592 7516 Office Depot, Inc. 03/17/2022 Regular 0.00 1,370.45 62593 13790 PACE Supply Corp 03/17/2022 Regular 0.00 2,236.16 62594 12330 Pacific Plan Review Inc 03/17/2022 Regular 0.00 39,487.50 62595 13466 PacWest Direct 03/17/2022 Regular 0.00 2,618.85 62596 11612 ProClean Supply 03/17/2022 Regular 0.00 453.37 62597 11432 Prudential Overall Supply 03/17/2022 Regular 0.00 395.60 62598 8161 Quad Knopf, Inc. 03/17/2022 Regular 0.00 3,690.74 62599 12283 R & R Pool Service 03/17/2022 Regular 0.00 130.00 62600 6691 Rick Manuel Medeiros 03/17/2022 Regular 0.00 450.00 62601 8691 Ross Recreation Equipment Inc. 03/17/2022 Regular 0.00 1,846.24 62602 8796 S & W Auto Parts Inc. 03/17/2022 Regular 0.00 401.17 62603 13801 Salters Distributing Inc 03/17/2022 Regular 0.00 50.00 62604 8906 San Joaquin Valley Air 03/17/2022 Regular 0.00 290.00 62605 9406 SignMax 03/17/2022 Regular 0.00 140.86 62606
9951 T & T Pavement Markings & 03/17/2022 Regular 0.00 4,645.00 62607 13633 TeamCalifornia Economic Development 03/17/2022 Regular 0.00 100.00 62608 10131 TF Tire & Service 03/17/2022 Regular 0.00 500.65 62609 10196 The Shirt Shak 03/17/2022 Regular 0.00 52,500.00 62610 11537 Toshiba Financial Services 03/17/2022 Regular 0.00 400.80 62611 13517 Tyler Technologies, Inc. 03/17/2022 Regular 0.00 105.00 62612 12044 U.S. Bank (PARS) 03/17/2022 Regular 0.00 319.92 62613 10571 US BANK (CAL-CARD) 03/17/2022 Regular 0.00 8,212.46 62614 10581 USA Bluebook 03/17/2022 Regular 0.00 296.31 62615 13745 Van De Pol Enterprises 03/17/2022 Regular 0.00 4,484.26 62616 13090 Yamabe and Horn Engineering Inc. 03/17/2022 Regular 0.00 1,834.75 62617 11381 Zoom Imaging Solutions, Inc. 03/17/2022 Regular 0.00 283.32 62618 13484 Badger Meter Inc. 03/24/2022 Regular 0.00 251.66 62619 12493 Baker Supplies and Repairs 03/24/2022 Regular 0.00 223.45 62620 1281 BSK Associates 03/24/2022 Regular 0.00 5,861.00 62621 2131 Chowchilla DoIt Best 03/24/2022 Regular 0.00 16.84 62622 3711 Farmers Hardware 03/24/2022 Regular 0.00 18.69 62623 12212 Fastenal Company 03/24/2022 Regular 0.00 18.20 62624 3736 Ferguson Enterprises, Inc. 03/24/2022 Regular 0.00 52.09 62625 13561 Kimberly A. Hickman 03/24/2022 Regular 0.00 35,000.00 62626 6191 Mace Pest Control 03/24/2022 Regular 0.00 80.00 62627 12282 Mid Valley Disposal Inc. 03/24/2022 Regular 0.00 177.17 62628 6881 MidLand TractorCompany 03/24/2022 Regular 0.00 214.31 62629 8766 Rumble Tree Inc. 03/24/2022 Regular 0.00 1,800.00 62630 9206 Self Help Enterprises 03/24/2022 Regular 0.00 747.00 62631 13517 Tyler Technologies, Inc. 03/24/2022 Regular 0.00 210.00 62632 10911 Vulcan Materials 03/24/2022 Regular 0.00 572.62 62633 196 AFLAC 03/31/2022 Regular 0.00 1,442.02 62634
296 Alert-O-Lite Inc. 03/31/2022 Regular 0.00 369.91 62635 12181 American Fidelity 03/31/2022 Regular 0.00 3,227.88 62636 12181 American Fidelity 03/31/2022 Regular 0.00 1,237.47 62637 646 AT & T 03/31/2022 Regular 0.00 1,442.36 62638
986 Best Uniforms 03/31/2022 Regular 0.00 332.02 62639
1111 Blue Shield of California 03/31/2022 Regular 0.00 76,502.30 62640 13732 Brandley Engineering, Inc. 03/31/2022 Regular 0.00 8,415.00 62641 1281 BSK Associates 03/31/2022 Regular 0.00 1,129.00 62642 1776 Cascade Fire Equipment Company 03/31/2022 Regular 0.00 2,101.13 62643 1921 Central SJV RMA 03/31/2022 Regular 0.00 152,720.00 62644 2131 Chowchilla DoIt Best 03/31/2022 Regular 0.00 22.38 62645 2136 Chowchilla Employees Assn. 03/31/2022 Regular 0.00 375.00 62646 11806 Chowchilla Lioness Lions Club 03/31/2022 Regular 0.00 320.00 62647 12408 Chowchilla Mid-Management 03/31/2022 Regular 0.00 440.00 62648 2166 Chowchilla Office 03/31/2022 Regular 0.00 270.00 62649 2171 Chowchilla Peace Officers 03/31/2022 Regular 0.00 3,526.00 62650 3036 Department of Justice/Acc B/A 03/31/2022 Regular 0.00 177.00 62651 Check Report Date Range: 03/01/2022 - 03/31/2022
4/1/2022 9:03:07 AM Page 4 of 5
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 13294 Diana Palmer 03/31/2022 Regular 0.00 62.01 62652
01126 Divcon Inc. 03/31/2022 Regular 0.00 553,795.40 62653 3676 Ewing Irrigation Products Inc. 03/31/2022 Regular 0.00 543.15 62654 3711 Farmers Hardware 03/31/2022 Regular 0.00 38.65 62655 12212 Fastenal Company 03/31/2022 Regular 0.00 407.35 62656 3726 FEDEX 03/31/2022 Regular 0.00 47.60 62657
3836 Fitness Peak 03/31/2022 Regular 0.00 280.00 62658
4616 Grover Landscape Services Inc. 03/31/2022 Regular 0.00 11,357.82 62659 11444 H & H Engineering Construction Inc. 03/31/2022 Regular 0.00 215.00 62660 11750 John Chavez 03/31/2022 Regular 0.00 62.01 62661
13091 Johnson Controls Inc. 03/31/2022 Regular 0.00 30,802.00 62662 01201 KICKAS Productions 03/31/2022 Regular 0.00 1,037.50 62663 5781 L.N. Curtis & Sons 03/31/2022 Regular 0.00 1,067.54 62664 13746 Legal Notification Services, Inc 03/31/2022 Regular 0.00 1,919.82 62665 6126 Lozano Smith, LLP 03/31/2022 Regular 0.00 21,954.91 62666 6346 Madera Tribune 03/31/2022 Regular 0.00 611.00 62667 13679 Michael Baker International Inc. 03/31/2022 Regular 0.00 4,555.00 62668 7176 Myers Stevens & Toohey & Co Inc 03/31/2022 Regular 0.00 706.60 62669 7516 Office Depot, Inc. 03/31/2022 Regular 0.00 907.19 62670 13790 PACE Supply Corp 03/31/2022 Regular 0.00 676.60 62671 7671 Pacific Gas & Electric 03/31/2022 Regular 0.00 16,137.93 62672 13466 PacWest Direct 03/31/2022 Regular 0.00 3,787.38 62673 11772 PARS 03/31/2022 Regular 0.00 956.06 62674
12355 PB Loader Corp 03/31/2022 Regular 0.00 667.92 62675 11482 Price Paige & Company 03/31/2022 Regular 0.00 20,000.00 62676 11432 Prudential Overall Supply 03/31/2022 Regular 0.00 145.56 62677 8161 Quad Knopf, Inc. 03/31/2022 Regular 0.00 1,179.70 62678 13539 Quadient Finance USA, Inc. 03/31/2022 Regular 0.00 800.00 62679 8241 Rahn's Fire Safety Services 03/31/2022 Regular 0.00 910.48 62680 8796 S & W Auto Parts Inc. 03/31/2022 Regular 0.00 53.86 62681 9206 Self Help Enterprises 03/31/2022 Regular 0.00 1,215.00 62682 9376 Sparkletts 03/31/2022 Regular 0.00 48.90 62683
10196 The Shirt Shak 03/31/2022 Regular 0.00 728.63 62684 13341 TJKM Transportation Consultants 03/31/2022 Regular 0.00 135.27 62685 13517 Tyler Technologies, Inc. 03/31/2022 Regular 0.00 420.00 62686 12044 U.S. Bank (PARS) 03/31/2022 Regular 0.00 681.04 62687 10571 US BANK (CAL-CARD) 03/31/2022 Regular 0.00 72.94 62688 13745 Van De Pol Enterprises 03/31/2022 Regular 0.00 5,197.76 62689 10756 Verizon Wireless 03/31/2022 Regular 0.00 6,602.81 62690 12767 Waseem Ahmed 03/31/2022 Regular 0.00 62.01 62691
01202 Water Education for Latino Leaders 03/31/2022 Regular 0.00 375.00 62692 01179 West Coast Pet Memorial Service 03/31/2022 Regular 0.00 115.50 62693 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code Pooled Cash General Summary
Bank Drafts
EFT's
217
0 1
0 0
0.00 0.00
0.00 0.00
0.00 218 0.00
Payment
1,841,107.92
0.00 -170.00
0.00 0.00
1,840,937.92
Payable
Count
457
0 0
0 0
457
Check Report Date Range: 03/01/2022 - 03/31/2022
4/1/2022 9:03:07 AM 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
217
0 1
0 0
0.00 0.00
0.00 0.00
0.00 218 0.00
1,841,107.92
0.00 -170.00
0.00 0.00
1,840,937.92
457
0 0
0 0
457
Fund Name Period Amount
Fund Summary
999 Pooled Cash 3/2022 1,840,937.92
1,840,937.92
REPORT TO THE CITY COUNCIL
Item 3.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 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 March 22, 2022. If we would have waited until April 26, we would have been out of compliance with AB361.
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 March 22, 2022, March 8, 2022, February 8, 2022, 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 12th day of April, 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 3.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of Quarterly Waiver Report
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Quarterly Fee Waivers Issued
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approve the Quarterly Fee Waiver Report for the January through March 2022.
BACKGROUND:
Council approved the City Administrator to have the authority to waive penalties, interest, fees, liens, et cetera, up to $10,000. It was requested that a quarterly report be presented that summarized the transaction the City Administrator granted under this authority.
REASON FOR RECOMMENDATION:
This report is a summary of the waivers that were issued and is an element of transparency for the Council and the public. These waivers are issued on a case by case basis and will fluctuate from quarter to quarter.
This is a tool for the Council to evaluate the use and effectiveness of the program.
FISCAL IMPACT:
There was one waiver issued for $195 for Cornerstone Church. This was a waiver of park rental fees for a 3-day Kids Camp to be held at Ed Ray Park April 11 through April 13, 2022.
ALTERNATIVES:
Pull the item for further discussion.
ACTIONS FOLLOWING APPROVAL:
None.
Date Entity/Person Address Account or Lien # Type Amount Justification 3/21/2022 Cornerstone Church Fee Waiver $ 195.00 Waiver due to Church putting on event for Chowchilla Youth $ 195.00
CITY COUNCIL REPORT ON WAIVERS PER RESOLUTION 83-19
QUARTER 1/1/2022 to 3/31/2022
TOTAL FEES WAIVED
REPORT TO THE CITY COUNCIL
Item 3.6
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: Consent
SUBJECT: A City Council Resolution Approving Amended Applications for Transportation Development Act (TDA) Funds for Fiscal Year 2021/2022 due to Increases in STA and LTF Allocations and Prior Years Carryover of Funds for Pedestrian & Bicycle Program and Authorizing the City Administrator or Designee to Execute and Submit Applications to the Madera County Transportation Commission
PREPARED BY: Sherri Dueker, Accounting Manager
APPROVED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, Final TDA Allocations, Amended Applications
REVIEWED BY
ADMINISTRATOR
☒ REVIEWED BY
ATTORNEY ☒ REVIEWED BY FINANCE ☒
RECOMMENDATION:
Staff recommends that Council approve the resolution (a) approving amended TDA applications for FY 2021/22 TDA Local Transportation (LTF) and State Transit Assistance (STA) funds including carryover balances from prior fiscal years for Pedestrian & Bicycle program; and (b) authorizing the City Administrator or Designee to execute the applications for submittal to the Madera County Transportation Commission (MCTC) for adoption.
BACKGROUND:
On June 29, 2021, Council approved Resolution 49-21 approving applications for Transportation Development Act, Local Transportation Funds (LTF), and State Transit Assistance (STA) annual allocations. Due to a recent increase to both LTF and STA allocations, City Staff is required to advise Council of changes, get approval of these changes and submit approved resolutions to MCTC. Included in this amendment is carryover allocations from previous Fiscal Years for the Pedestrian and Bicycle program and will bring allocations to current year.
As a reminder, the State Controller annually approves LTF and STA apportionments by county pursuant to the Transportation Development Act (TDA). MCTC allocates these funds to local agencies based on each jurisdiction’s percentage share of the total County population. Annually, local agencies are required to submit applications for approval to MCTC. The applications may be amended, as needed.
REASON FOR RECOMMENDATION:
LTF funds are programmed for public transit services; pedestrian and bicycle facilities and streets and roads maintenance and construction projects. Transit must be fully funded consistent with the MCTC annual Unmet Transit Needs findings, as transit has priority use of these funds. A mandatory 2% is allocated for pedestrian and bicycle facilities and 3% for transportation planning. The remaining balance may be expended on street maintenance and construction projects. STA funds may be used only for public transit purposes, including operating and capital projects.
MCTC requires Council approval prior to submittal of LTF and STA applications. The FY 2021/22 LTF and STA amendment request applications have been prepared, as attached, reflecting proposed use of these funds.
The City’s total FY 2021/22 allocation is $446,322 for LTF and $138,243 for STA. The LTF and STA amended applications specify proposed expenditures of these funds. The carryover amount for Pedestrian & Bicycle program for fiscal years 16/17, 17/18, 18/19 and 19/20 is $43,549 to include current year of $9,396 for a total current year allocation of $52,945.00.
FISCAL IMPACT:
No Impact to General Fund.
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
Upon signatures, City Clerk to return documents to Sherri Dueker in Finance.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING AMENDED APPLICATIONS FOR TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS FOR FISCAL YEAR 2021/2022 DUE TO INCREASES IN STA AND LTF
ALLOCATIONS AND PRIOR YEARS CARRYOVER OF FUNDS FOR PEDESTRIAN &
BICYCLE PROGRAM, AND, AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO
EXECUTE AND SUBMIT APPLICATIONS TO THE MADERA COUNTY TRANSPORTATION
COMMISSION
WHEREAS, Transportation Development Act Local Transportation Funds (LTF) and State Transit Assistance Funds (STA) are annually allocated by the Madera County Transportation Commission (MCTC) pursuant to the Transportation Development Act; and WHEREAS, the City of Chowchilla prepares applications specifying the intended uses of the LTF and STA funds each year, and the applications may be amended, as needed; and WHEREAS, the LTF and STA amended applications for Fiscal Year 2021/22 that describe the intended use of these funds have been submitted to the Council for its review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds and determines the following:
1. The above recitals are true and correct.
2. The Fiscal Year 2021/22 amended applications for Transportation Development Act Local Transportation Funds and State Transit Assistance Funds, as allocated to the City of Chowchilla by the Madera County Transportation Commission, are approved.
3. The City Administrator or Designee are authorized to execute the applications and submit them to the Madera County Transportation Commission for adoption.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of April, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
John Chavez, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 3.7
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: February 2022 Budget vs Actual and Balance Sheet
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the February 2022 Financial Statements shown in the attachment.
BACKGROUND:
Staff provides Council with monthly financial information as an ongoing financial status update.
REASON FOR RECOMMENDATION:
The monthly financial statements consist of a Budget vs Actual and a Balance Sheet for the General Fund.
The Budget vs Actual shows the current Month (Period Activity) and current Year (Fiscal Activity) Revenues and Expenses by Department in summary form compared to the current year Original and Current budgets. The Balance Sheet shows the Assets, Liabilities and Fund Balance at the time the report is generated. This provides an overview of cash, amounts owed to the City, amounts the City owes and the fund balance at a specific point in time.
The financial statements are being presented as an overview of the City’s finances and are not meant to be a comprehensive in-depth review. As a reference to compare to the percent remaining column in the report, the percentage of the year remaining 33%.
If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.
If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them.
FISCAL IMPACT:
Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May so we have only received the 1st distribution. Property tax is coming in less than anticipated but VLF is coming in a little more. We will see how property tax does on the 2nd distribution. We are teetered which means we do not have to worry about delinquencies because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and this report amount represents payments received through December 2021. Sales tax is our 2nd largest revenue and it is projected to come in fairly higher than budgeted.
City Attorney- This is the settlement from the HSR and that is not something we budgeted for.
General Services- The budgeted revenue here is from an internal accounting for the POB debt service.
Since the POB expense for debt service in located in this department for the GF we had to bring the revenue from the applicable departments to offset the expense. Public Safety and Miscellaneous Tiers 1 were part of the POB so those respective GF departments have a reduction of PERS cost because of the bond issue so they now have a debt service cost instead of PERS costs. This transfer will happen at the end of the year.
Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO services, SIU from the Count and from grants that are billed periodically. We have not billed the schools or the County yet as we usually bill quarterly. Also, it has $950k of Transfer In from Measure N for the fencing project ($775k) and $175k for recruitment and retention of employees. Also, the Madnet program has not had people in it and the program is reimbursed through the County so we have much less Expense and Revenue.
Fire Services- this revenue is from transfers in from Measure N and the General Fund for the fire station expansion project. That project has not happened yet but the RFP process has been completed and we have awarded the project to a vendor. We are close to beginning construction.
Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for growth which includes projects like Oleander, Rancho Calera, Montgomery Farms and miscellaneous lots within Greenhills. So far, we have Century Communities building their part of the Montgomery Farms lots but other projects have not pulled their permits. We still have other miscellaneous permits for other items that are happening as well. there is also $185k of grant revenues and we have not received all of that yet.
Parks and Recreation- $200k of this is from a grant that we have not spent yet so we have not requested reimbursements. The rest is overhead allocations from the LLMD that happen at the end of the year.
Community Relations- We will see less than budgeted amounts here due to timing. Revenues are from sports program reimbursements, park pavilion rentals and donations.
Expenses
All departments expenses are within the normal range or better right now.
ALTERNATIVES:
Pull the item for further discussion.
ACTIONS FOLLOWING APPROVAL:
None.
3/30/2022 5:26:33 PM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2021-2022 Period Ending: 02/28/2022
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Account Typ… Activity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 7,438,460.00 7,438,460.00 168,204.51 4,262,744.79 -3,175,715.21 42.69% Expense 27,654.00 73,654.00 0.00 48,083.58 25,570.42 34.72% Dept: 1600 - General Administration Surplus (Deficit): 7,410,806.00 7,364,806.00 168,204.51 4,214,661.21 -3,150,144.79 42.77% Dept: 1605 - City Council
Revenue 0.00 0.00 48.83 48.83 48.83 0.00%
Expense 91,815.00 91,815.00 12,118.38 37,824.93 53,990.07 58.80% Dept: 1605 - City Council Surplus (Deficit): -91,815.00 -91,815.00 -12,069.55 -37,776.10 54,038.90 58.86% Dept: 1610 - City Clerk
Expense 301,002.00 301,002.00 21,537.71 179,548.44 121,453.56 40.35% Dept: 1610 - City Clerk Total: 301,002.00 301,002.00 21,537.71 179,548.44 121,453.56 40.35% Dept: 1615 - City Attorney
Revenue 0.00 0.00 300,000.00 400,000.00 400,000.00 0.00% Expense 210,000.00 210,000.00 12,138.36 94,433.01 115,566.99 55.03% Dept: 1615 - City Attorney Surplus (Deficit): -210,000.00 -210,000.00 287,861.64 305,566.99 515,566.99 245.51% Dept: 1705 - General Services
Revenue 409,052.00 409,052.00 0.00 0.00 -409,052.00 100.00% Expense 1,523,530.00 1,555,330.00 1,695.02 1,054,170.45 501,159.55 32.22% Dept: 1705 - General Services Surplus (Deficit): -1,114,478.00 -1,146,278.00 -1,695.02 -1,054,170.45 92,107.55 8.04% Dept: 1710 - City Administration
Expense 391,980.00 391,980.00 21,997.78 222,327.45 169,652.55 43.28% Dept: 1710 - City Administration Total: 391,980.00 391,980.00 21,997.78 222,327.45 169,652.55 43.28% Dept: 1712 - City Property - Rents
Revenue 113,086.00 113,086.00 300.00 75,663.46 -37,422.54 33.09% Expense 31,385.00 31,385.00 215.00 21,735.79 9,649.21 30.74% Dept: 1712 - City Property - Rents Surplus (Deficit): 81,701.00 81,701.00 85.00 53,927.67 -27,773.33 33.99% Dept: 1720 - Finance Department
Revenue 3,000.00 3,000.00 734.00 4,155.17 1,155.17 38.51% Expense 801,847.00 745,047.00 46,876.58 378,075.42 366,971.58 49.25% Dept: 1720 - Finance Department Surplus (Deficit): -798,847.00 -742,047.00 -46,142.58 -373,920.25 368,126.75 49.61% Dept: 2610 - Police Department
Revenue 1,141,305.00 1,406,305.00 20,477.67 192,689.29 -1,213,615.71 86.30% Expense 5,255,255.00 5,746,255.00 332,459.49 2,457,230.81 3,289,024.19 57.24% Dept: 2610 - Police Department Surplus (Deficit): -4,113,950.00 -4,339,950.00 -311,981.82 -2,264,541.52 2,075,408.48 47.82% Dept: 2615 - Police - Mad Net
Revenue 192,000.00 192,000.00 0.00 15,623.89 -176,376.11 91.86% Expense 275,915.00 275,915.00 666.84 20,989.20 254,925.80 92.39% Dept: 2615 - Police - Mad Net Surplus (Deficit): -83,915.00 -83,915.00 -666.84 -5,365.31 78,549.69 93.61% Dept: 2705 - Fire Department
Revenue 1,042,500.00 1,042,500.00 524.00 2,238.70 -1,040,261.30 99.79% Expense 1,412,445.00 1,412,445.00 15,390.58 192,169.75 1,220,275.25 86.39% Dept: 2705 - Fire Department Surplus (Deficit): -369,945.00 -369,945.00 -14,866.58 -189,931.05 180,013.95 48.66% Dept: 4705 - Community & Economic Development
Revenue 800,550.00 800,550.00 19,265.00 472,414.14 -328,135.86 40.99% Expense 846,381.00 846,381.00 32,633.50 382,935.29 463,445.71 54.76% Dept: 4705 - Community & Economic Development Surplus (Deficit): -45,831.00 -45,831.00 -13,368.50 89,478.85 135,309.85 295.24% Dept: 6615 - Senior Services
Expense 38,500.00 38,500.00 40.00 18,094.49 20,405.51 53.00% Budget Report For Fiscal: 2021-2022 Period Ending: 02/28/2022 3/30/2022 5:26:33 PM Page 2 of 3
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Account Typ… Activity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 6615 - Senior Services Total: 38,500.00 38,500.00 40.00 18,094.49 20,405.51 53.00% Dept: 6620 - Parks & Facilities
Revenue 256,597.00 256,597.00 205.39 29,715.70 -226,881.30 88.42% Expense 823,604.00 811,604.00 31,026.08 264,220.69 547,383.31 67.44% Dept: 6620 - Parks & Facilities Surplus (Deficit): -567,007.00 -555,007.00 -30,820.69 -234,504.99 320,502.01 57.75% Dept: 6625 - Community Relations
Revenue 19,850.00 25,550.00 230.00 13,673.37 -11,876.63 46.48% Expense 167,342.00 173,042.00 9,728.24 77,623.63 95,418.37 55.14% Dept: 6625 - Community Relations Surplus (Deficit): -147,492.00 -147,492.00 -9,498.24 -63,950.26 83,541.74 56.64% Report Surplus (Deficit): -782,255.00 -1,017,255.00 -28,534.16 19,504.41 1,036,759.41 101.92% Budget Report For Fiscal: 2021-2022 Period Ending: 02/28/2022 3/30/2022 5:26:33 PM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
100 - General Fund -782,255.00 -1,017,255.00 -28,534.16 19,504.41 1,036,759.41 Report Surplus (Deficit): -782,255.00 -1,017,255.00 -28,534.16 19,504.41 1,036,759.41 3/30/2022 5:25:16 PM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 02/28/2022
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 38.58
100-0100-0206 Cash Drawer 1,500.00
100-0100-0220 Accounts Receivable-Clients 33,865.16
100-0100-0221 A/R - Non Governmental 20.46
100-0100-0222 A/R - Intergovernmental 11,024.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 85,542.24
100-0100-0226 Advance to Other Funds 524,551.86
100-0100-0227 Liens Receivables General Fund 163,090.13 100-0100-0228 Pending Charges or Refunds 55.17
100-0100-0229 A/R Business License 95,163.28
100-0100-0230 Accounts Receivable-Utilities 30.00
100-0100-0291 Prepaid Expenses 600.00
100-0100-1900 Claim On Cash 6,741,640.30
Total Assets: 7,657,621.70 7,657,621.70
Liability
100-0200-0420 Trade Payables 6,591.40
100-0200-0422 Bonds for Work-Refundable 17,500.00
100-0200-0428 Prepaid Deposits 138,000.00
100-0200-0480 Deferred Revenue 162,766.23
100-0200-2901 Accounts Payable Pending 167,319.73
Total Liability: 492,177.36
Equity
100-0300-0601 Fund Balance 5,696,227.99
100-0300-0602 Designated Restricted Donation 5,934.55
100-0300-0604 Reserve for Contingencies 910,223.00
100-0300-0605 Designated for Prepaid Items 239.50
100-0300-0611 Reserve for L/T A/R 533,314.89
Total Beginning Equity: 7,145,939.93
Total Revenue 5,468,967.34
Total Expense 5,449,462.93
Revenues Over/Under Expenses 19,504.41
Total Liabilities, Equity and Current Surplus (Deficit): 7,657,621.70 Total Equity and Current Surplus (Deficit): 7,165,444.34
REPORT TO THE CITY COUNCIL
Item 4.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: Public Hearing
SUBJECT: Introduction, First Reading with the Option to Waive the First Reading of an Ordinance that Adopts a Military Equipment Use Policy Pursuant to Assembly Bill 481
PREPARED BY: Dave Riviere, Chief of Police
ATTACHMENTS: Ordinance Adopting a Military Equipment Use Policy; and Policy 705 of the Chowchilla Police Department Policy Manual
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
City Council adopts an ordinance that establishes a Military Equipment Use Policy.
BACKGROUND:
On January 1, 2022, Governor Newsom signed into law Assembly Bill 481 (“AB 481”), codified under Government Code sections 7070 through 7075, which requires law enforcement agencies to obtain approval from the applicable governing body, by an ordinance that adopts a military equipment use policy, prior to obtaining funding, acquiring, or using military equipment.
Chowchilla Police Department (“CPD”) seeks City Council’s adoption of the attached Military Equipment Use Policy, Policy 705, by attached Ordinance, in order to allow CPD to continue the use of equipment as specified therein, as well as acquiring new equipment if necessary.
Equipment deemed to be “military equipment” pursuant to AB 481 include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, flashbangs, and foundational equipment, such as rifles. This equipment is used as a component of overall best practices for law enforcement agencies throughout the country. These tools have been tested in the field and are used to enhance citizen and officer safety. Any loss of use on this equipment would jeopardize the welfare of citizens and peace officers within the City.
REASON FOR RECOMMENDATION:
There is a significant interest in ensuring that law enforcement continues to have access to equipment that will provide CPD as many options as possible to safeguard lives, ensure safety, and protect civil liberties.
The use of military equipment is crucial to CPD’s mission and will continue to be strictly regulated through internal processes and oversight.
The proposed ordinance seeks to approve Policy 705, which constitutes CPD’s Military Equipment Use Policy. The purpose of Policy 705 safeguards the public’s welfare, safety, civil rights, and civil liberties.
Policy 705 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. All items which result in a use of force will be investigated.
Policy 705 outlines each item identified in Government Code section 7070 that is current owned by the City. Policy 705 also includes the current use and cost of each item. These particular items, and their stated uses, have been in place prior to the implementation of AB 481. There are no reasonable alternatives to the items listed in Policy 705. CPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety.
AB 481 requires CPD to annually submit a military equipment report for each approved type of military equipment to City Council for as long as the military equipment is available for use. In addition, CPD must make each annual report publicly available on its website for as long as the equipment is available for use.
City Council must annually review the military equipment report submitted by CPD to determine whether each type of military equipment identified in the report continues to comply with the standard of approval, and whether to renew the ordinance at a regular meeting.
Future acquisition of any item deemed to be “military equipment” will require a further public meeting, policy update, and City Council approval.
FISCAL IMPACT:
None foreseen at time of report.
ALTERNATIVES:
Not adopt the ordinance. If the ordinance is not adopted, CPD will not be able to continue the use of military equipment to protect public’s welfare, safety, civil rights, and civil liberties.
ACTIONS FOLLOWING APPROVAL:
None. Resolution and adopted military equipment use policy will become effective in thirty (30) days.
ATTACHMENTS:
Ordinance Adopting a Military Equipment Use Policy; and Policy 705 of the Chowchilla Police Department Policy Manual.
ORDINANCE NO. -22
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CHOWCHILLA
ADOPTING A MILITARY EQUIPMENT USE POLICY
THE CITY COUNCIL FOR THE CITY OF CHOWCHILLA HEREBY DOES ORDAIN:
SECTION 1. FINDINGS.
The City Council finds:
A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, which codified procedures of funding, acquisition and use of military equipment by law enforcement agencies under Government Code sections 7070 through 7075.
B. Assembly Bill 481 requires law enforcement agencies to obtain approval from the applicable governing body by ordinance adopting a military equipment use policy prior to taking certain actions relating to funding, acquisition, or use of military equipment.
C. Assembly Bill 481 allows a city council of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations pursuant to Government Code section 7071.
D. Assembly Bill 481 requires law enforcement agencies to annually submit to the applicable governing body a military equipment report for each approved type of military equipment for as long as the military equipment is available for use, and to make each annual report publicly available on its website for as long as the equipment is available for use.
E. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the military equipment report submitted by the law enforcement agency to determine whether each type of military equipment identified in the report continues to comply with the standard of approval.
F. Assembly Bill 481 requires a city council that has adopted an ordinance approving a military equipment use policy to annually review the ordinance and vote on whether to renew the ordinance at a regular meeting.
G. Policy 705 of the Chowchilla Police Department Policy Manual has been prepared by the Chowchilla Police Department as its proposed military equipment use policy, and it has been published on the Chowchilla Police Department’s internet website since ______________, 2022.
H. A duly noticed public hearing was conducted by the City Council at its regular meeting on April ___, 2022, to consider Policy 705.
/ / /
/ / /
2 SECTION 2. DETERMINATIONS.
A. Based on the above-findings and the information provided to the City Council at the public meeting, the City Council determines that Policy 705 of the Chowchilla Police Department Policy Manual complies with standards for approval under Government Code section 7071:
1. The identified military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. Policy 705 of the Chowchilla Police Department Policy Manual will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. The purchase and use of the identified military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. All military equipment uses prior to the adoption of Policy 705 of the Chowchilla Police Department Policy Manual complied with applicable Department policy in effect at that time, and will continue to conform with future compliance.
B. Policy 705 of the Chowchilla Police Department Policy Manual is approved and adopted.
SECTION 3. This Ordinance shall take effect thirty (30) days after its adoption and will not be codified in the City’s Municipal Code.
SECTION 4. The City Clerk is hereby directed to cause a summary of this Ordinance to be published by one insertion in a newspaper of general circulation in the community at least five (5) days prior to adoption and again fifteen (15) days after its adoption. If a summary of the ordinance is published, then the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which the ordinance is adopted, and again after the meeting at which the ordinance is adopted. The summary shall be approved by the City Attorney. / / /
/ / /
/ / /
/ / /
/ / /
/ / /
/ / /
3 The foregoing Ordinance No. ____________ was introduced at a regular meeting of the City Council of the City of Chowchilla held on _____________, 2022, and was thereafter duly adopted at a regular meeting of said City Council held on _____________, 2022, by the following vote, to wit:
AYES:
NOES:
ABSTAINING:
ABSENT:
ATTEST: APPROVED:
Joann McClendon, City Clerk John Chavez, Mayor
Policy
705
Chowchilla Police Department
Chowchilla PD Policy Manual
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Chowchilla Police Department (“Department”).
Military equipment – Includes, but is not limited to, the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached, excluding unarmored all-terrain vehicles and motorized dirt bikes. • Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram that is designed to be operated by one person.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard Department-issued shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons pursuant toin Penal Code sections§ 30510 and Penal Code § 30515, with the exception of standard Department-issued firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools, including, but not limited to, grenades.
• Munitions containing tear gas or oleoresin capsicum (“OC”), excluding standard Department, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and Llong R-range Aacoustic Ddevices (“LRADs”).
• Kinetic energy weapons and munitions, including, but not limited to, projectile launchers, bean bag rounds, and rubber bullet.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
705.2 POLICY
It is the policy of the Chowchilla Police Department that Department members of this department comply with the provisions of Government Code section§ 7071. with respect to military equipment.
705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a Department member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying dDepartment equipment that qualifies as military equipment in the Department’s current possession of the Department, or the equipment thatthe Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment, at least, annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Department (Government Code § 7071).
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the dDepartment's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
See attachment : Military Equipment - Drones and Weapons.pdf 705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting thise military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on Dthe department’s website at least thirty (30) days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to Title 10 of the United States Code section§ 2576a.
(b) Seeking funds for military equipment, including but not limited to applying for a grant;, soliciting or accepting private, local, state, or federal funds;, in-kind donations,; or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this departmentthe governing body. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for Department use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the dDepartment’s website for as long as the military equipment is available for use. The report shall include all information required by Government Code section§ 7072 for the preceding calendar year for each type of military equipment in dDepartment’s inventory.
705.8 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the Department funding, acquisition, or use of military equipment.
Attachment
1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI MAVIC ENTERPRISE DUALS, cost: $3,850.00 each, quantity: 2. UAS that has a color and inferred camera as well as audible speaker and light. Capable of video recording and weighs 899 grams, approx. 30 minutes of flight time. ii. AUTEL EVO II – 8K, cost $1,616.00 each, quantity: 2. UAS has color camera.
Capable of video recording and weighs approximately 1127 grams, with approximately 40 minutes of flight time.
iii. DJI MAVIC MINI, $499.00 each, quantity 2. UAS has color video recording capabilities. UAS weighs approximately 249 grams with approximately 30 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. mMajor collision investigations.
ii. search Search for missing persons.
iii. natural Natural disaster management.
iv. crime Crime scene photography.
v. SWAT, tactical or other public safety and life preservation missions. vi. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the DJI Mavic Mini during approved missions.
d. Expected Life Span
All UAS equipment, 3 to -5 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $1,500.00. f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40-hour department training and ongoing quarterly training.
g. Legal and Procedural Rules
Use is established under General Order 525.09, FAA Regulation 14 CFR Part 107, and the Chowchilla Police Department UAS policy. It is the policy of the Chowchilla Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.
2. Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
a. Description, quantity, capabilities, and purchase cost i. REMINGTON 870 LESS LETHAL SHOTGUN, cost: $946.00, quantity: 02. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Drag Stabilized Beanbag Round up to a distance of 75 -feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation. ii. 12-GAUGE DRAG STABILIZED BEAN BAG ROUND, cost: $5.00, quantity: 50. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270 feet per second (FPS). Drag Stabilized Bean Bag rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 3027 Drag Stabilized Bean Bag is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Drag Stabilized Bean Bag round is a 40-Gram tear shaped bag projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Drag stabilized Bean Bag Round is a very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts. b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Lifespan
Remington 870 Less Lethal
Shotgun - 25 years. Super
Drag Stabilized - No listed
expiration date.
e. Fiscal Impact
Annual maintenance is approximately $50.00 for each shotgun. f. Training
All officers are trained in the 12- gauge less lethal shotgun as a less lethal option by inservice training. SWAT personnel receive additional training internally when they transfer to the unit. SWAT operators who utilize these munitions have been through and successfully completed a POST approved gas school and/or trained in house by POST certified chemical agent instructors for muzzle blast training. g. Legal and Procedural Rules
It is the policy of the Chowchilla Police Department, to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
3. Rifles: Guns that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.
a. Description, quantity, capabilities, and purchase cost i. Colt M4 RIFLE, cost: $1500.00, quantity: 21. The M4 rifle, officially designated Patrol Rifle, Caliber 5.56MM.
ii. Sig Sauer MCX, cost $1993.93, quantity: 2, Caliber 5.56 AR-15 style rifle w/ red dot sight, suppressor and night vision capabilities designed for use for Chowchilla Police Ddepartment Officers assigned to the Madera County Regional SWAT Team.
iii. Colt AR-10 RIFLE, cost $4500.00, quantity: 1, Caliber .308 The Colt AR-10 with 16" Barrel, is an entry level AR-10 style rifle. This firearm is chambered in .308 Winchester/7.62 NATO Rifle and has a 16" barrel. The magazine holds up to 20 rounds of ammunition and the rifle has a collapsible stock. This rifle is primarily used in an overwatch capacity to protect the community during large events. iv. Federal 5.56 CALIBER 55/62 GRAIN RIFLE ROUND, cost: $289.00 per case of 500, quantity: 20 cases. Direct impingement, gas piston, suppressed, unsuppressed, inertia, bolt, pump, supersonic, subsonic, rifle, mid-length, carbine Federal ammunition delivers superior performance for a variety of applications. v. Federal 40 S&W 180 gr HST JHP, cost: $309.21 per case of 500, quantity: 20 cases.
vi. Federal Premium 308 Winchester 168g Sierra Match king BTHP, cost: $60.00 per box of 20, quantity: 10.
b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use
Only members that are POST certified are authorized to use a rifle. d. Lifespan
Colt M4 Rifle – 15 years.
Sig Sauer MCX Rifle – 15 years
Colt AR 10 Rifle – 15 years
Federal Ammunition – no No expiration
e. Fiscal Impact
Annual maintenance is approximately $50.00 for each rifle. f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
g. Legal and Procedural Rules
Use is established under Chowchilla Police Department Policy. It is the policy of the Chowchilla Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use.
REPORT TO THE CITY COUNCIL
Item 5.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: Deferred Business
SUBJECT: Revocation of Conditional Use Permit No. 20-0008 Per CMC 18.70.230 due to Failure to Comply with the Approved Conditions of Approval PREPARED BY: Mark Hamilton, Director of Community and Economic Development ATTACHMENTS: 1. Resolution
2. Approved Planning Commission Resolution No. 21-05 – Revocation
3. Planning Commission Resolution No. 20-04 (executed on June 17, 2020)
4. Vicinity Map/Aerial Map
5. Site Plan
6. Photos of Project Site
7. Public Hearing Notice
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approve the resolution to revoke Conditional Use Permit No. 20-0008 granted in June 17, 2020, for an Automotive Repair Shop located at 235 W. Robertson Boulevard (APN No. 002-051-010).
BACKGROUND:
This item was presented at the June 29, 2021 Special City Council meeting and the regularly scheduled July 21, 2021, September 14, 2021, and November 9,2021, City Council meetings as a public hearing, of which the public hearing was opened, but not closed.
Over the course of the past year, one business closed, staff saw the second “Small Engine” Auto Repair shop close due to the business operating outside of the approved conditions of approval for the site.
Recently, staff has made numerous attempts to work with the property owner, but was unsuccessful.
HISTORY / BACKGROUND:
The Project site is located in the MX-D Downtown Mixed-Use zone. With the approval of the Conditional Use Permit and resolution on June 17, 2020, the Planning Commission approved the operation of a “Motor vehicle repair or service, minor” and “Repair Shop, Small Appliance or Equipment” at this location.
During the meeting it was expressed that the property owner had a tenant ready to move in and operate.
After much discussion, the Planning Commission allowed the property owner some flexibility of when various site improvements would be required to be completed. It was determined some of the improvements, such as handicapped parking signs and items related to upgrading the bathroom (i.e. lights, electricity, and hot water heater), would need to be installed prior to issuance of a business license.
To allow the property to generate revenue to assist the property owner with financing many of the required site improvements, the Planning Commission approved various timeframes for the improvements to be installed. A delayed timeframe for these improvements ranged from 20 days for the removal of the barbwire and up to seven (7) months to abandon the existing sump pump.
Of the 24 conditions that were approved by the Planning Commission, four (4) conditions included extended timeframes for the installation of various site improvements. The conditions granting additional time were: Condition 5 – Removal of Sump Pump, Condition 9 – Trash Enclosure, Condition 14 – Removal of Barbwire, and Condition 15 – Neutral Colored Slats in Fence.
Current progress of these conditions:
5. The Applicant shall abandon the existing concrete sump by drilling drainage holes in the bottom, mortaring any pipe openings, and backfilling with sand to within 12” of ground surface, then backfill with native material to ground surface, or per County requirements. Work to be completed within seven (7) months of the approval date of the Conditional Use Permit.
Progress: This condition is now 100% complete, no further action is needed.
9. A trash enclosure shall be constructed per City of Chowchilla Standard Drawing M-18. Staff shall review proposed trash enclosure to determine if the enclosure meets City Standards. The trash enclosure shall be completed within sixty (60) days of the approval date of the Conditional Use Permit.
Progress: The property owner has not submitted an adequate trash enclosure design in compliance with City Standard M-18. Whenever the representative has provided information of their intent staff has requested the submittal of a detail design. Staff estimates this is 0% complete.
It has been stated to the applicant and the property owner the trash enclosure they would like to install at this location would not be in compliance with the following:
1. City Municipal Code Design Standard M-18 (Commercial & Industrial Trash Enclosure)
2. Chowchilla Downtown Design Guidelines
3. Planning Commission Resolution No. 20-04
4. Conditional Use Permit No. 20-0008
Staff has expressed to the applicant the Downtown Design Guidelines included a section regarding Trash Enclosures. The approved Condition 9 was drafted to comply with the City’s Municipal Code and the Downtown Design Guidelines. Staff has expressed if the owner would like to have the condition modified to this steel trash enclosure, he would need to submit a variance application to the City to consider. The variance is due to the fact the conceptual trash enclosure does not meet the City’s downtown design guidelines or City design standards.
14. The Applicant shall remove all barbed wire from the Project site. The barb-wire shall be removed within twenty (20) days of the approval date of the Conditional Use Permit.
Progress: The barb-wire has been removed. This condition is completed and no further action is needed.
15. The Applicant shall install neutral color slats to be inserted into the existing fence along the perimeter of the site. The slats shall be installed within forty (40) days of the approval date of the Conditional Use Permit.
Progress: While the property owner has made progress, this task has not been completed. There are currently numerous slats that are broken or installed incorrectly. Additionally, the fenced area facing Robertson Blvd. is still missing slats. Staff estimates this is approximately 90% complete.
Upon review of the above conditions of approval that have failed to be complete per the timeframes approved, the City Council will be taking testimony during the public hearing and decide whether Conditional Use Permit 20-0008 should be revoked.
The following excerpt from Zoning Ordinance Chapter 18.70.230 identifies the grounds for revocation.
Municipal Code Section 18.70.230 - Suspension and revocation of approved permit.
A. Upon the violation of any applicable provision of this title, the provisions of any use permit, or upon the failure to comply with or satisfy any condition of approval related thereto, the permit or approval issued pursuant to this chapter shall be automatically suspended. Written notice of the suspension shall be sent by the director to the person to whom the use permit was issued, or to their successor if known, advising them of the suspension and the violations causing the suspension.
B. No building, grading, encroachment, or other development permit shall be issued for any building, excavation, or other structures proposed as a part of a permit that has been suspended. For any construction activity taking place on the site that is the subject of the suspended permit, the building official shall issue a stop work order.
C. The city council shall hold a public hearing and hear evidence from city staff, the holder of the permit, and other interested persons. Should the city council find that there has been a violation of this title, the provisions of the permit, or a failure to comply with or satisfy any condition of approval related thereto, the city council may either revoke the permit or take such other action as the city council deems necessary to ensure compliance with the provisions of this title, the permit, and the related conditions of approval.
REASON FOR RECOMMENDATION:
The Planning Commission, at their April 21, 2021, regular meeting, approved Resolution No. 21-05 recommending the City Council revoke Conditional Use Permit #20-0008 due to the property owner’s failure to comply with the conditions of approval and associated time limits for satisfying such conditions.
FISCAL IMPACT:
None.
ALTERNATIVES:
1. Continue the consideration of the Revocation of the Conditional Use Permit to a future City Council meeting (date and time to be specified in City Council motion).
2. Approve, subject to other than recommended by Planning Commission Resolution #21-05 (identify specific findings and/or conditions amended; or, to be addressed in City Council motion); or,
3. Deny; or,
4. Refer to back to the Planning Commission for reconsideration of the Revocation of Conditional Use Permit #20-0008 to be addressed in City Council motion.
5. Refer to City Staff for reconsideration of specific items to be addressed in City Council motion.
ACTIONS FOLLOWING APPROVAL:
Staff will update the project file with the executed resolution noting the project has been revoked.
COUNCIL RESOLUTION # -22
REVOCATION OF CUP 20-0008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA TO REVOKE CONDITIONAL USE PERMIT NO. 20-0008 GRANTED ON JUNE 17, 2020, FOR AN AUTOMOTIVE REPAIR SHOP LOCATED AT 235 W. ROBERTSON BOULEVARD (APN 002-051- 010)
WHEREAS, a Conditional Use Permit (CUP) was issued on June 17, 2020, for the relocation of Automotive Repair Shop at 235 W. Robertson Boulevard, zoned Mix-Use Downtown (MX-D); and WHEREAS, a Conditional Use Permit may be revoked when there has been a violation of the Zoning Code, Title 18 of the Chowchilla Municipal Code, the provisions of the permit, and/or a failure to comply with or satisfy any condition of approval and/or other laws and regulations; and WHEREAS, the Applicant has failed to complete the following conditions of approval for CUP No. 20-0008:
5. The Applicant shall abandon the existing concrete sump by drilling drainage holes in the bottom, mortaring any pipe openings, and backfilling with sand to within 12” of ground surface, then backfill with native material to ground surface, or per County requirements.
Work to be completed within seven (7) months of the approval date of the Conditional Use Permit.
9. A trash enclosure shall be constructed per City of Chowchilla Standard Drawing M-18. Staff shall review proposed trash enclosure to determine if the enclosure meets City Standards.
The trash enclosure shall be completed within sixty (60) days of the approval date of the Conditional Use Permit.
14. The Applicant shall remove all barbed wire from the Project site. The barb-wire shall be removed within twenty (20) days of the approval date of the Conditional Use Permit.
15. The Applicant shall install neutral color slats to be inserted into the existing fence along the perimeter of the site. The slats shall be installed within forty (40) days of the approval date of the Conditional Use Permit.
WHEREAS, a duly noticed public meeting was held on March 17, 2021, at 7:00 p.m. by the City of Chowchilla Planning Commission to provide direction to staff to begin the revocation process for CUP No. 20-0008;
WHEREAS, a duly noticed public hearing was held on April 21, 2021, at 7:00 p.m. by the City of Chowchilla Planning Commission to consider revocation of CUP No. 20-0008 and Resolution No. 21-05 was approved by the Planning Commission recommending revocation of CUP No. 20-00008; WHEREAS, a duly noticed public hearing was held on June 29, 2021, at 7:00 p.m. by the City of Chowchilla City Council to consider revocation of CUP No. 20-0008; and WHEREAS, the procedures for revocation have been carried out as set forth in Chowchilla Municipal Code Chapters 18.80 – Conditional Use Permits; and, 18.70.230 – Suspension or Revocation of Approved Permit;
WHEREAS, the City Council has carefully considered the staff report, which is hereby incorporated by reference, as well as the recommendation of the Planning Commission, and all oral and written evidence presented during the public hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby revokes Conditional Use Permit No. 20-0008 for the Automotive Repair Shop located at 235 W. Robertson Blvd., based on the following findings:
1. The Applicant has failed to satisfy the conditions of approval as required by CUP No. 20-0008, as set forth herein.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of April, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
Attachment 2 - Resolution No. 21-05 (executed on April 21, 2021)
Attachment 3 - Resolution No. 20-04 (executed on June 17, 2020)
Attachment 4 – Vicinity Map/Aerial Map
Attachment 5 – Site Plan
Attachment 6 – Photos of Project Site
Photos Taken March 10, 2021
Attachment 7 – Public Hearing Notice
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a City Council Resolution Approving the Second Amendment of the Employment Agreement Between the Police Chief and the City of Chowchilla, Extending the Term Date to January 13, 2023
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, Amendment
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
City Council approve the police chief service contract between City and Police Chief Dave Riviere (“Police Chief”), which was originally set to terminate on June 30, 2022, to extend to January 13, 2023.
BACKGROUND:
On July 12, 2018, City and Police Chief entered a First Amended Agreement to continue the Police Chief’s appointment to June 30, 2022, as well as establishing compensation, benefits, conditions of employments, and working conditions. Now, City and Police Chief share a mutual desire to continue the Police Chief’s service until January 13, 2023 while all established compensation, benefits, conditions of employments, and working conditions remain unchanged.
REASON FOR RECOMMENDATION:
To maintain continuity of Police Chief’s service for approximately six more months.
FISCAL IMPACT:
There is no financial impact as there are no changes in the financial terms of the Agreement.
ALTERNATIVES:
To disprove the extension on Police Chief’s service to January 13, 2023, and to allow the Police Chief’s service to end on June 30, 2022.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING A SECOND AMENDMENT OF THE EMPLOYMENT AGREEMENT BETWEEN THE POLICE CHIEF AND THE CITY OF CHOWCHILLA, EXTENDING THE TERM DATE TO JANUARY 13, 2023
WHEREAS, the City of Chowchilla desires to continue to appoint and employ David A. Riviere, Jr. as Police Chief for the City of Chowchilla pursuant to the Chowchilla Municipal Code; and, WHEREAS, Mr. Riviere desires to continue the appointment through January 13, 2023; and, WHEREAS, it is the desire of the City and Police Chief to allow for some overlap between the Police Chief’s successor in order to allow some training to be exchanged prior to the Police Chief’s retirement; and,
WHEREAS, the proposed Employment Agreement amendment is fair and equitable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true.
2. The City Council hereby approves and adopts the attached Second Amendment of the Employment Agreement between the City of Chowchilla and David A. Riviere, Jr.
3. The Mayor is hereby authorized and directed to execute the Amended Employment Agreement for and on behalf of the City of Chowchilla.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of April, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
SECOND AMENDED AGREEMENT
BETWEEN THE CITY OF CHOWCHILLA AND DAVE RIVIERE
FOR POLICE CHIEF SERVICES
This Second Amendment to the Agreement for Police Chief Services (“Agreement”) is entered between the City of Chowchilla, a municipal corporation in the State of California (“City”), and Dave Riviere (“Police Chief”), and is effective as of __________________, 2022 (“Effective Date”).
WHEREAS, City and Police Chief entered the Agreement on September 8, 2015, which is incorporated herein by reference; and
WHEREAS, City and Police Chief entered the First Amended Agreement (“First Amendment”) on June 12, 2018, which is incorporated herein by reference; and WHEREAS, City and Police Chief agreed and have entered the First Amendment for police chief services that are scheduled to end on June 30, 2022; and WHEREAS, City and Police Chief now both desire to extend the Police Chief Services and amend the terms of Agreement as set forth in this Second Amendment.
NOW, THEREFORE, in the view of the above recitals and in consideration for the mutual promises set forth in the Agreement, the First Amendment, and herein, City and Police Chief agree that the Agreement shall be amended as follows:
1. Section 4 of the Agreement, entitled, “Term of Services,” is hereby amended to read in its entirety as follows:
Section 4. Term of Services.
4.1 The term of this Agreement shall begin on June 12, 2018 and shall end on (1) January 13, 2023; or (2) the date this Agreement is terminated pursuant to Section 5; or (3) a date mutually agreed upon in writing signed by the parties, whichever is soonest.
2. All Other Terms Remain in Effect. Unless separately defined herein, capitalized terms shall have the same meaning as set forth in the Agreement, and all other terms and conditions of the Agreement shall remain in full force and effect and shall be interpreted to give full force and effect to this Second Amendment.
/ / /
/ / /
/ / /
IN WITNESS WHEREOF, City and Police Chief have executed this Second Amendment as of the Effective Date set forth above.
CITY OF CHOWCHILLA
By:
John Chavez, Mayor
ATTEST:
By:_________________________________
Joann McClendon, CMC, City Clerk
APPROVED AS TO LEGAL FORM:
By:_________________________________
Mary Lerner, City Attorney
POLICE CHIEF
By:________________________________
Dave Riviere
REPORT TO THE CITY COUNCIL
Item 6.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration and Approval of a Resolution Authorizing Execution and Recordation of Quitclaim Deeds Quitclaiming Real Property Interests of the Successor Agency of the Chowchilla Redevelopment Agency to the City of Chowchilla
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Successor Agency Oversight Board Resolution 07-13 Successor Agency Oversight Board Resolution 02-15 & Long-Range Property Management Plan (LRPMP)
Department of Finance Approval Letter
City Council Resolution
Quitclaim Deeds
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approve the Resolution accepting the transfer of parcels 001-240-003, 001-240-007, 001-240-010 & 001-240-014 from the Successor Agency to the Chowchilla Redevelopment Agency (RDA) to the City of Chowchilla.
BACKGROUND:
In 2013 the Oversight Board of the Successor Agency to the Chowchilla Redevelopment Agency approved Resolution 07-13 which approved the transfer of the above-mentioned parcels to the City of Chowchilla.
These parcels were determined to be used for government use by the City. The Department of Finance (DOF) approved this action on March 21, 2014.
However, the transfer of these properties was never actually completed and the County still shows these properties as being owned by the Chowchilla RDA. We are just going through with what was previously approved.
REASON FOR RECOMMENDATION:
After legal review, it was determined that a resolution by the City Council would be needed to accept the transfer of these properties. One of the properties is located in the Corporation Yard and is to be merged with the other lot that the City currently owns. This lot merger will create 1 parcel and is where the fire station expansion is being constructed.
FISCAL IMPACT:
There will be some expenses incurred for the preparation and filing of the quitclaim deeds and will be paid for by the General Fund. Staff estimates the expenses to be somewhere around $5,000.
ALTERNATIVES:
Do not accept the properties and they will remain in the RDA name which would go against the previous approved resolutions of the Oversight Board.
ACTIONS FOLLOWING APPROVAL:
The Quitclaim Deeds will be recorded with County.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING EXECUTION AND RECORDATION OF QUITCLAIM DEEDS QUITCLAIMING REAL
PROPERTY INTERESTS OF THE SUCCESSOR AGENCY OF THE CHOWCHILLA
REDEVELOPMENT AGENCY TO THE CITY OF CHOWCHILLA
WHEREAS, the Redevelopment Agency of the City of Chowchilla (“Former Agency”) purchased real property within the City of Chowchilla (“City”), four parcels collectively known as 360 North First Street (“Site”) in March 2011; and
WHEREAS, the State of California passed legislation dissolving Redevelopment Agencies, and set forth statutes establishing a Successor Agency to the Former Agency and an Oversight Board to oversee the dissolution of the former Redevelopment Agency; and WHEREAS, the City Council of the City of Chowchilla became the Successor Agency to the Redevelopment Agency of the City of Chowchilla (“Successor Agency”) by operation of law on February 1, 2012 (California Health & Safety Code subsection 34171 (j)); and WHEREAS, by operation of law as set forth in California Health & Safety Code subsection 34175 (b), the Successor Agency was vested with all right, title and interest to the Redevelopment Agency including the Site; and
WHEREAS, the Successor Agency is responsible for the winding up of the affairs of the former Redevelopment Agency and the disposition of real property pursuant to the Successor Agency LongRange Property Management Plan approved by the Oversight Board on April 26, 2013; and WHEREAS, the Oversight Board adopted Resolution No. 07-13, approving the transfer of multiple governmental use properties, including the Site to the City; and WHEREAS, recently, it has come to the Successor Agency’s attention that the Former Agency remains the fee owner of record of the Site.
NOW, THEREFORE, the City Council acting as the Successor Agency to the Redevelopment Agency of the City of Chowchilla does resolve as follows:
1. The foregoing recitals are true and correct.
2. The transfer of the Site to the City is hereby authorized and approved. The City Administrator is hereby authorized to execute and deliver, for and in the name of the Successor Agency, quitclaim deeds substantially in the form attached as Exhibit A, to effect and evidence such transfer.
3. The City Administrator is hereby authorized to do all things which he may deem necessary or proper to effectuate the purposes of the deeds and resolution, and any such actions previously taken are hereby ratified and confirmed.
4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of April, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
EXHIBIT A
QUITCLAIM DEEDS
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Chowchilla
130 S. 2nd Street
Chowchilla, CA 93610
Attention: City Clerk
______________________________________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 001-240-003
DOCUMENTARY TRANSFER TAX $0 (Rev. & Tax Code § 11922)
[ ] Computed on the consideration or value of property conveyed; OR [ ] Computed on the consideration or value less liens or encumbrances remaining at time of sale.
QUITCLAIM DEED
FOR A FULL VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Successor Agency of the Chowchilla Redevelopment Agency, successor in interest of the Chowchilla Redevelopment Agency (“Grantor”), does hereby REMISE, RELEASE and QUITCLAIM to CITY OF CHOWCHILLA, a general law City organized and existing pursuant to the laws of the State of California (“Grantee”), the real property in the County of Madera, more particularly described in Exhibit A.
Dated ____________________
Successor Agency of the Chowchilla Redevelopment Agency, Successor in Interest of the Chowchilla Redevelopment Agency By:
Name: ________________________
Title: ________________________
2 EXHIBIT A
LEGAL DESCRIPTION
POR SEC 30 9/16 IN BLK A .79 AC
3 STATE OF _________________________ )
)
COUNTY OF _______________________ )
On _________, 2022 before me, _____________________________________________ (insert name and title of the officer), Notary Public,
personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/their/her authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
4 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed dated _____________, 2022, Successor Agency of the Chowchilla Redevelopment Agency, successor in interest of the Chowchilla Redevelopment Agency, as grantor, to CITY OF CHOWCHILLA, a general law city, duly organized and existing under the laws of the State of California, as grantee, is hereby accepted by the undersigned on behalf of the CITY pursuant to authority conferred by resolution of its City Council adopted [DATE], 2022, and the City of Chowchilla consents to the recordation thereof by its duly authorized officer.
CITY OF CHOWCHILLA
Dated: ________, 2022 By: _________________________________________
Title: _________________________________________
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Chowchilla
130 S. 2nd Street
Chowchilla, CA 93610
Attention: City Clerk
______________________________________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 001-240-007
DOCUMENTARY TRANSFER TAX $0 (Rev. & Tax Code § 11922)
[ ] Computed on the consideration or value of property conveyed; OR [ ] Computed on the consideration or value less liens or encumbrances remaining at time of sale.
QUITCLAIM DEED
FOR A FULL VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Successor Agency of the Chowchilla Redevelopment Agency, successor in interest of the Chowchilla Redevelopment Agency (“Grantor”), does hereby REMISE, RELEASE and QUITCLAIM to CITY OF CHOWCHILLA, a general law City organized and existing pursuant to the laws of the State of California (“Grantee”), the real property in the County of Madera, more particularly described in Exhibit A.
Dated ____________________
Successor Agency of the Chowchilla Redevelopment Agency, Successor in Interest of the Chowchilla Redevelopment Agency By:
Name: ________________________
Title: ________________________
2 EXHIBIT A
LEGAL DESCRIPTION
SEC 30 T9S R16E 6.84 AC
3 STATE OF _________________________ )
)
COUNTY OF _______________________ )
On _________, 2022 before me, _____________________________________________ (insert name and title of the officer), Notary Public,
personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/their/her authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
4 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed dated _____________, 2022, Successor Agency of the Chowchilla Redevelopment Agency, successor in interest of the Chowchilla Redevelopment Agency, as grantor, to CITY OF CHOWCHILLA, a general law city, duly organized and existing under the laws of the State of California, as grantee, is hereby accepted by the undersigned on behalf of the CITY pursuant to authority conferred by resolution of its City Council adopted [DATE], 2022, and the City of Chowchilla consents to the recordation thereof by its duly authorized officer.
CITY OF CHOWCHILLA
Dated: ________, 2022 By: _________________________________________
Title: _________________________________________
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Chowchilla
130 S. 2nd Street
Chowchilla, CA 93610
Attention: City Clerk
______________________________________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 001-240-010
DOCUMENTARY TRANSFER TAX $0 (Rev. & Tax Code § 11922)
[ ] Computed on the consideration or value of property conveyed; OR [ ] Computed on the consideration or value less liens or encumbrances remaining at time of sale.
QUITCLAIM DEED
FOR A FULL VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Successor Agency of the Chowchilla Redevelopment Agency, successor in interest of the Chowchilla Redevelopment Agency (“Grantor”), does hereby REMISE, RELEASE and QUITCLAIM to CITY OF CHOWCHILLA, a general law City organized and existing pursuant to the laws of the State of California (“Grantee”), the real property in the County of Madera, more particularly described in Exhibit A.
Dated ____________________
Successor Agency of the Chowchilla Redevelopment Agency, Successor in Interest of the Chowchilla Redevelopment Agency By:
Name: ________________________
Title: ________________________
2 EXHIBIT A
LEGAL DESCRIPTION
SEC 30 T9S R16E .14 AC
3 STATE OF _________________________ )
)
COUNTY OF _______________________ )
On _________, 2022 before me, _____________________________________________ (insert name and title of the officer), Notary Public,
personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/their/her authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
4 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed dated _____________, 2022, Successor Agency of the Chowchilla Redevelopment Agency, successor in interest of the Chowchilla Redevelopment Agency, as grantor, to CITY OF CHOWCHILLA, a general law city, duly organized and existing under the laws of the State of California, as grantee, is hereby accepted by the undersigned on behalf of the CITY pursuant to authority conferred by resolution of its City Council adopted [DATE], 2022, and the City of Chowchilla consents to the recordation thereof by its duly authorized officer.
CITY OF CHOWCHILLA
Dated: ________, 2022 By: _________________________________________
Title: _________________________________________
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Chowchilla
130 S. 2nd Street
Chowchilla, CA 93610
Attention: City Clerk
______________________________________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 001-240-014
DOCUMENTARY TRANSFER TAX $0 (Rev. & Tax Code § 11922)
[ ] Computed on the consideration or value of property conveyed; OR [ ] Computed on the consideration or value less liens or encumbrances remaining at time of sale.
QUITCLAIM DEED
FOR A FULL VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Successor Agency of the Chowchilla Redevelopment Agency, successor in interest of the Chowchilla Redevelopment Agency (“Grantor”), does hereby REMISE, RELEASE and QUITCLAIM to CITY OF CHOWCHILLA, a general law City organized and existing pursuant to the laws of the State of California (“Grantee”), the real property in the County of Madera, more particularly described in Exhibit A.
Dated ____________________
Successor Agency of the Chowchilla Redevelopment Agency, Successor in Interest of the Chowchilla Redevelopment Agency By:
Name: ________________________
Title: ________________________
2 EXHIBIT A
LEGAL DESCRIPTION
POR BLKS A B 13 & 14 CITY OF CHOWCHILLA
3 STATE OF _________________________ )
)
COUNTY OF _______________________ )
On _________, 2022 before me, _____________________________________________ (insert name and title of the officer), Notary Public,
personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/their/her authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _______________________________________
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
4 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed dated _____________, 2022, Successor Agency of the Chowchilla Redevelopment Agency, successor in interest of the Chowchilla Redevelopment Agency, as grantor, to CITY OF CHOWCHILLA, a general law city, duly organized and existing under the laws of the State of California, as grantee, is hereby accepted by the undersigned on behalf of the CITY pursuant to authority conferred by resolution of its City Council adopted [DATE], 2022, and the City of Chowchilla consents to the recordation thereof by its duly authorized officer.
CITY OF CHOWCHILLA
Dated: ________, 2022 By: _________________________________________
Title: _________________________________________
REPORT TO THE CITY COUNCIL
Item 6.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: April 12, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a Resolution Approving the Addition of the Deputy Director of Recreation and Community Engagement Position Within the Approved Salary Scale
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Exhibit A- Proposed Salary Scale
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopt a resolution to authorize the City Administrator to establish a Deputy Director of Recreation and Community Engagement position at a pay grade of M7, which is within the approved salary scale.
BACKGROUND:
The City desires to have a position with less job duties and responsibilities than the Director of Recreation and Community Engagement but more than the Recreation and Community Outreach Manager. The main differences are that the Deputy Director position would include social media and website activity (which the Manager position does not) and less supervisorial responsibilities than the Director position. Typically, this department has very few people to supervise/manage. As the department grows, the need for a Director would be necessitated but for now, the City believes a Deputy Director of Recreation and Community Engagement is the ideal position.
REASON FOR RECOMMENDATION:
The new position is desired to be able to provide the maximum Recreation and Community Outreach service the City can provide in the most effective and efficient manner.
FISCAL IMPACT:
The proposed Deputy Director position has a salary scale of an M7 level which has a current annual salary range of $79,870 to $102,240. The current Manager position is at M10 which has an annual range of $68,880 to $88,173 and the Director position is at M11 which has an annual salary range of $89,316 to $114,331. The Deputy Director position pretty much lies right in between the Director and Manager positions.
ALTERNATIVES:
Do not approve the addition of the Deputy Director position ACTIONS FOLLOWING APPROVAL:
The Deputy Director of Recreation and Community Engagement position will be added to the salary scale at an M7 pay level.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AMENDING THE CITY OF CHOWCHILLA SALARY SCALE TO INCLUDE AN ADDITIONAL JOB
CLASSIFICATION OF DEPUTY DIRECTOR OF RECREATION AND COMMUNITY ENGAGEMENT WHEREAS, Section 37206 of the Government Code required City Council to prescribe the time and method of paying salaries and wages of employees of the City; and WHEREAS, the Administration Department has analyzed the needs and capabilities needed by within the department; and
WHEREAS, the recommended Deputy Director of Recreation and Community Engagement job description best fits the immediate and long-term needs of the Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The updated job classification attached and marked as Exhibit A is hereby added to the City’s current Salary Scale.
2. This resolution is effective immediately upon adoption. * * * * *
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of April, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
A A 1/2 B B 1/2 C C 1/2 D D 1/2 E E 1/2 F
Deputy Director of Recreation and
Community Engagement $ 79,870.12 $ 81,866.87 $ 83,913.55 $ 86,011.38 $ 88,161.67 $ 90,365.71 $ 92,624.85 $ 94,940.48 $ 97,313.99 $ 99,746.84 $ 102,240.51
EXHIBIT A
City of Chowchilla
New Job Classification
April 12, 2022