Agenda — Chowchilla City Council, July 26, 2022

AGENDA
City Council / Redevelopment Successor Agency
Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, July 26, 2022
Closed Session: 6:00 p.m. - Open Session: 7:00 p.m.

City Hall is open to the public for business. The City Council Chamber is OPEN to the public for City Council meetings. City Council meetings will also be available to view and participate via Zoom. Please read Page 4 of this agenda packet for Zoom login and participation information.

Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.

Agendas for Special Meetings are posted 24 hours prior to the meeting.

Any writing or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the city website at www.CityofChowchilla.org.

The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665-8615, ext. 102 at least 4 days prior to a regular meeting, 1 day for a special meeting.

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. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Administrator, Finance Director, City Attorney Employee Organizations: Chowchilla Police Officer Association, Chowchilla City Employee Association, Chowchilla City Office Employees Association, Chowchilla MidManagement/Confidential Association and Non-Represented Staff City Council Meeting Agenda July 26, 2022

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8
Property: APN 002-250-053
Agency Negotiator: Rod Pruett, City Administrator/Executive Director Negotiating Parties: Chowchilla Redevelopment Successor Agency, Almond World LLC Under Negotiation: Price & Terms
OPEN SESSION – 7:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Matt Harry
CLOSED SESSION REPORT:

PRESENTATIONS/WORKSHOP - Section 1

1.1 Oaths of Office: Police Officers and CSO/Dispatchers

1.2 Police Officer & CSO/Dispatcher of the Year Presentation

PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.

It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda.

Members of the public who are joining the meeting via Zoom and would like to address the Council on items on the agenda should follow the policy on page 4 of this agenda packet.

The Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the Council does not respond to public comment at this time.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc

2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3

3.1 Approval of the July 12, 2022 City Council/RSA Meeting Minutes (McClendon)

3.2 Consideration and Approval of the June 2022 Financials Report (Williams)

3.3 Consideration and Acceptance of the Quarterly Fee Waiver Report (Pruett) City Council Meeting Agenda July 26, 2022

3.4 Consideration and Adoption of a City Council Resolution Approving a Memoranda of Understanding (MOU) of the Chowchilla Police Officer Association for the Period Covering July 1, 2022 through June 30, 2025 (Pruett)
PUBLIC HEARINGS – Section 4

4.1 Consideration and Adoption of a City Council Resolution Confirming the Diagram and Assessments and Approving the Levy and Collection of the Annual Assessments for Landscape Maintenance and Lighting District No. 90-1 of the City of the City of Chowchilla for Fiscal Year 2022-2023 (Rogers)

4.2 Introduction and First Reading with the Option to Waive the First Reading of a City Council Ordinance Approving Development Agreement No. 21-0003 for the Woodcrest Vesting Tentative Subdivision Map Tract 05-0056 (Hamilton) DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6

6.1 Informational Only – Project Management Program Quarterly Update (Pruett)

6.2 Discussion and/or Direction Regarding Stop Signs and Street Undulations (Rogers) ANNOUNCEMENTS – Section 7
JULY 29 CERTIFIED FARMERS MARKET, VETERANS MEMORIAL PARK, 6-8:30PM JULY 29 MUSIC IN THE PARK, ‘MIDNIGHT RUN’, VETERANS MEMORIAL PARK, 8-9:30PM JULY 30 SCIENCE IN THE PARK, VETERANS MEMORIAL PARK, 6:30 -8:30PM JULY 30 MOVIES IN THE PARK, ‘AMERICAN UNDERDOG’, VETERANS MEMORIAL PARK, AT SUNSET AUG 6 MOVIES IN THE PARK, ‘SING 2’, VETERANS MEMORIAL PARK, AT SUNSET AUG 9 CITY COUNCIL MEETING, CITY HALL, 7PM

ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 22nd day of July, 2022 at or before 4:00pm.

Joann McClendon, CMC, City Clerk
**Report to be handed out at the meeting
*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/81219180361?pwd=MXJtSjNjcVBrd2dQMjRCWEk2Yjlt Zz09
Passcode: 666 807
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 812 1918 0361
Passcode: 666 807
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 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 Council 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.

MINUTES
City Council / Redevelopment Successor
Agency Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, July 12, 2022
Closed Session: 6:00 p.m. - Open Session: 7:00 p.m.

CALL TO ORDER/ROLL CALL
Mayor/Chair: John Chavez
Mayor Pro Tem/Vice Chair: Ray Barragan
Council/Board Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Chief David A. Riviere, Jr., Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT System Administrator Carlos Berrocal, 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 Smith to Approve the Agenda as Presented. Motion passed unanimously by roll call vote.

PUBLIC ADDRESS – CLOSED SESSION
No one spoke.

CLOSED SESSION – 6:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Beverly DeJager
CLOSED SESSION REPORT: No reportable action.

PRESENTATIONS/WORKSHOP - Section 1

1.1 Proclamation: Declaring the Month of July Parks & Recreation Month Item 3.1

CLICK HERE

TO RETURN TO

THE AGENDA
City Council Meeting Minutes July 12, 2022

PUBLIC ADDRESS
Jim Craig addressed the Council regarding issues with ATV’s in the slough.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Ahmed attended an Economic Resilience Fund meeting where they discussed all of the available grants.

Mayor Chavez attended the HOW, Helping One Woman, dinner.

2.2 STAFF VERBAL REPORTS
City Administrator Pruett met with NBS regarding the Community Facilities District, and completion of Development Impact Fee Study; attended the Community Task Force meeting; involved with labor negotiations, and Tyler implementation; completed a couple of continuing education classes for his CPA license.

Deputy Director of Recreation and Community Engagement Wisener reported on the wellattended community pool days. Reminded all of the upcoming Music and Movies in the Park.

Public Works Director Rogers Well 15 bid closes this week. He announced a recent promotion within his staff.

Finance Director Williams is currently working on the budget, Tyler implementation, labor negotiations. Tyler went live for payroll his week. The next module to roll out is Community Development.

CONSENT CALENDAR – Section 3

3.1 Approval of the June 28, 2022 City Council Meeting Minutes (McClendon)

3.2 Consideration and Approval of the June 2022 Check Register Report (Williams)

3.3 Consideration and Adoption of a City Council Resolution (54-22) Authorizing Continued use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)

3.4 Consideration and Adoption of a City Council Resolution (55-22) Requesting the Madera County Board of Supervisors to Permit the Madera County Clerk-Recorder to Render Specified Services to the City of Chowchilla Relating to the Conduct of Municipal Elections (McClendon)

3.5 Consideration and Adoption of a City Council Resolution (56-22) Updating the City’s Donation and Gifts Policy to Permit Gifts of Infrequent, Non-Exorbitant Meals (McClendon)

3.6 Consideration of Adoption of a City Council Resolution (57-22) Approving a Public Utilities Easement and Recreational Trail and Related Improvements Easement City Council Meeting Minutes July 12, 2022
Agreement with BluePath Solar Chowchilla LLC and Authorizing the City Administrator or Designee to Execute (Pruett)

3.7 Consideration and Adoption of a Redevelopment Successor Agency Resolution (04- 22) Authorizing the Executive Director to Sign an Easement Deed for a 10-Foot Public Utility Easement Along Chowchilla Boulevard (APN’s 002-250-053 and 002-250-072) with Pacific Gas & Electric to Allow for the Installation and Maintenance of Utilities (Hamilton)
Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Barragan to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

PUBLIC HEARINGS – Section 4
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6

6.1 Consideration to Appoint a Primary and up to Two Alternate Voting Delegates for the League of California Cities (LOCC) Business Meeting at the 2022 Annual Conference in Long Beach, CA (McClendon)
Motion by Mayor Chavez, Seconded by Mayor Pro Tem Barragan to Appoint Council Member Smith as the Voting Delegate and Council Member Ahmed as the Alternate. Motion passed unanimously by roll call vote.

6.2 Consideration and Adoption of a City Council Resolution (58-22) Supporting and Approving the Measure T Renewal Investment Plan and Implementing Guidelines (Rogers)
Motion by Council Member Ahmed, Seconded by Council Member Palmer to Approve Council Resolution #58-22, Supporting and Approving the Measure T Renewal Investment Plan and Implementing Guidelines. Motion passed unanimously by roll call vote.

Spoke:

Rob Poythress
Beverly DeJager
Patricia Taylor
ANNOUNCEMENTS – Section 7
JULY 15, 22 CERTIFIED FARMERS MARKET, VETERANS MEMORIAL PARK, 6-8:30PM JULY 20 PLANNING COMMISSION MEETING, CITY HALL, 7PM
JULY 22 MUSIC IN THE PARK, ‘LADY & THE TRAMPS’, VETERANS MEMORIAL PARK, 8-9:30PM JUL 23 MOVIES IN THE PARK, ‘LUCA’, VETERANS MEMORIAL PARK, AT SUNSET JULY 26 CITY COUNCIL MEETING, CITY HALL, 7PM

ADJOURNMENT
Mayor Chavez adjourned the July 12, 2022 City Council / Redevelopment Successor Agency Meeting at 8:05 p.m.

City Council Meeting Minutes July 12, 2022
ATTEST: APPROVED:

Joann McClendon, CMC Mayor/Board Chair Chavez
City/Board Clerk

REPORT TO THE CITY COUNCIL
Item 3.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 26, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: June 2022 Budget vs Actual and Balance Sheet

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Approve the June 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 0%.

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 we have received both disbursements. Property tax came in less than anticipated, but VLF came in a little higher. Sales tax payments run a couple months behind and this report amount represents payments received through April 2022. 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 original budgeted revenue here is from an internal accounting for the POB debt service. After the auditors completed our 20-21 audit we were asked to reclassify the way we were transferring out the POB. We are now doing direct transfers out to the POB, eliminating the revenue source in the General Services Fund.

Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO services, SIU from the Count and from grants that are billed periodically. Also, it has $950k of Transfer-In from Measure N for the fencing project ($775k) and $175k for recruitment and retention of employees. This transfer will be completed at the close of the PD Fencing Project. 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, and will transfer what is needed at year end.

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 misc. permits for other items that are happening as well. There is also $225k of grant revenues that we have not received all of 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- Revenues are from sports program reimbursements, park pavilion rentals and donations. A lot of the Revenue growth you see this month is from Donations for Music in the Park.

Expenses
All departments expenses are within the normal range or better right now ALTERNATIVES:

Pull the item for further discussion.

ACTIONS FOLLOWING APPROVAL:

None
7/20/2022 12:16:56 PM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2021-2022 Period Ending: 06/30/2022
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Encumbrances
Current
Total Budget
Original
Total Budget
Percent
Account Typ… Remaining
Dept: 1600 - General Administration
Revenue 7,438,460.00 8,372,430.00 0.00 8,224,598.44 0.00 -147,831.56 1.77% Expense 27,654.00 289,182.00 0.00 237,906.65 0.00 51,275.35 17.73% Dept: 1600 - General Administration Surplus (Deficit): 7,410,806.00 8,083,248.00 0.00 7,986,691.79 0.00 -96,556.21 1.19% Dept: 1605 - City Council
Revenue 0.00 50.00 0.00 48.83 0.00 -1.17 2.34%
Expense 91,815.00 81,551.00 0.00 55,903.10 451.16 25,196.74 30.90% Dept: 1605 - City Council Surplus (Deficit): -91,815.00 -81,501.00 0.00 -55,854.27 -451.16 25,195.57 30.91% Dept: 1610 - City Clerk
Revenue 0.00 0.00 0.00 181.23 0.00 181.23 0.00%
Expense 301,002.00 280,158.00 0.00 273,612.39 630.50 5,915.11 2.11% Dept: 1610 - City Clerk Surplus (Deficit): -301,002.00 -280,158.00 0.00 -273,431.16 -630.50 6,096.34 2.18% Dept: 1615 - City Attorney
Revenue 0.00 400,000.00 0.00 400,000.00 0.00 0.00 0.00% Expense 210,000.00 190,000.00 0.00 161,144.95 0.00 28,855.05 15.19% Dept: 1615 - City Attorney Surplus (Deficit): -210,000.00 210,000.00 0.00 238,855.05 0.00 28,855.05 -13.74% Dept: 1705 - General Services
Revenue 409,052.00 0.00 0.00 0.00 0.00 0.00 0.00%
Expense 1,523,530.00 1,134,153.00 0.00 1,010,484.25 10,864.97 112,803.78 9.95% Dept: 1705 - General Services Surplus (Deficit): -1,114,478.00 -1,134,153.00 0.00 -1,010,484.25 -10,864.97 112,803.78 9.95% Dept: 1710 - City Administration
Revenue 0.00 0.00 0.00 181.23 0.00 181.23 0.00%
Expense 391,980.00 392,950.00 0.00 366,755.26 12.99 26,181.75 6.66% Dept: 1710 - City Administration Surplus (Deficit): -391,980.00 -392,950.00 0.00 -366,574.03 -12.99 26,362.98 6.71% Dept: 1712 - City Property - Rents
Revenue 113,086.00 131,323.00 0.00 111,937.96 0.00 -19,385.04 14.76% Expense 31,385.00 238,151.00 0.00 57,215.32 215.00 180,720.68 75.88% Dept: 1712 - City Property - Rents Surplus (Deficit): 81,701.00 -106,828.00 0.00 54,722.64 -215.00 161,335.64 151.02% Dept: 1720 - Finance Department
Revenue 3,000.00 4,050.00 0.00 5,922.47 0.00 1,872.47 -46.23% Expense 801,847.00 737,279.00 0.00 697,568.11 0.00 39,710.89 5.39% Dept: 1720 - Finance Department Surplus (Deficit): -798,847.00 -733,229.00 0.00 -691,645.64 0.00 41,583.36 5.67% Budget Report For Fiscal: 2021-2022 Period Ending: 06/30/2022 7/20/2022 12:16:56 PM Page 2 of 3
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Encumbrances
Current
Total Budget
Original
Total Budget
Percent
Account Typ… Remaining
Dept: 2610 - Police Department
Revenue 1,141,305.00 1,404,455.00 0.00 749,528.94 0.00 -654,926.06 46.63% Expense 5,255,255.00 5,827,585.00 0.00 5,279,347.15 124,453.66 423,784.19 7.27% Dept: 2610 - Police Department Surplus (Deficit): -4,113,950.00 -4,423,130.00 0.00 -4,529,818.21 -124,453.66 -231,141.87 -5.23% Dept: 2615 - Police - Mad Net
Revenue 192,000.00 192,000.00 0.00 21,656.04 0.00 -170,343.96 88.72% Expense 275,915.00 155,424.00 0.00 47,618.34 0.00 107,805.66 69.36% Dept: 2615 - Police - Mad Net Surplus (Deficit): -83,915.00 36,576.00 0.00 -25,962.30 0.00 -62,538.30 170.98% Dept: 2705 - Fire Department
Revenue 1,042,500.00 1,171,234.00 0.00 5,635.08 0.00 -1,165,598.92 99.52% Expense 1,412,445.00 1,558,644.00 0.00 434,601.33 1,105,491.50 18,551.17 1.19% Dept: 2705 - Fire Department Surplus (Deficit): -369,945.00 -387,410.00 0.00 -428,966.25 -1,105,491.50 -1,147,047.75 -296.08% Dept: 4705 - Community & Economic Development
Revenue 800,550.00 1,085,150.00 0.00 940,906.96 -600.00 -144,843.04 13.35% Expense 846,381.00 995,647.00 0.00 763,569.79 78,130.31 153,946.90 15.46% Dept: 4705 - Community & Economic Development Surplus (Deficit): -45,831.00 89,503.00 0.00 177,337.17 -78,730.31 9,103.86 -10.17% Dept: 6615 - Senior Services
Revenue 0.00 0.00 0.00 90.00 0.00 90.00 0.00%
Expense 38,500.00 37,000.00 0.00 20,403.80 15,000.00 1,596.20 4.31% Dept: 6615 - Senior Services Surplus (Deficit): -38,500.00 -37,000.00 0.00 -20,313.80 -15,000.00 1,686.20 4.56% Dept: 6620 - Parks & Facilities
Revenue 256,597.00 259,097.00 0.00 59,997.54 0.00 -199,099.46 76.84% Expense 823,604.00 814,856.00 0.00 516,192.42 52,056.67 246,606.91 30.26% Dept: 6620 - Parks & Facilities Surplus (Deficit): -567,007.00 -555,759.00 0.00 -456,194.88 -52,056.67 47,507.45 8.55% Dept: 6625 - Community Relations
Revenue 19,850.00 25,550.00 0.00 24,816.64 0.00 -733.36 2.87% Expense 167,342.00 173,648.00 0.00 153,901.14 5,661.58 14,085.28 8.11% Dept: 6625 - Community Relations Surplus (Deficit): -147,492.00 -148,098.00 0.00 -129,084.50 -5,661.58 13,351.92 9.02% Report Surplus (Deficit): -782,255.00 139,111.00 0.00 469,277.36 -1,393,568.34 -1,063,401.98 764.43% Budget Report For Fiscal: 2021-2022 Period Ending: 06/30/2022 7/20/2022 12:16:56 PM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity Encumbrances
Current
Total Budget
Original
Total Budget
100 - General Fund -782,255.00 139,111.00 0.00 469,277.36 -1,393,568.34 -1,063,401.98 Report Surplus (Deficit): -782,255.00 139,111.00 0.00 469,277.36 -1,393,568.34 -1,063,401.98 7/20/2022 12:10:02 PM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 06/30/2022
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 20,908.36
100-0100-0222 A/R - Intergovernmental 11,024.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 59,666.50
100-0100-0226 Advance to Other Funds 524,551.86
100-0100-0227 Liens Receivables General Fund 162,890.13 100-0100-0228 Pending Charges or Refunds -1,498.24
100-0100-0229 A/R Business License 89,979.25
100-0100-0230 Accounts Receivable-Utilities -30.00
100-0100-0231 Allowance for Doubtful A/C 67,200.00
100-0100-0291 Prepaid Expenses 10,933.98
100-0100-1900 Claim On Cash 6,980,751.28
Total Assets: 7,962,281.38 7,962,281.38
Liability
100-0200-0422 Bonds for Work-Refundable 19,500.00
100-0200-0425 Use Sale Tax 166.69
100-0200-0428 Prepaid Deposits 138,000.00
100-0200-0480 Deferred Revenue 162,766.23
100-0200-2901 Accounts Payable Pending 43,412.77
Total Liability: 363,845.69
Equity
100-0300-0601 Fund Balance 5,672,471.20
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
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 7,129,158.33
Total Revenue 10,545,501.36
Total Expense 10,076,224.00
Revenues Over/Under Expenses 469,277.36
Total Liabilities, Equity and Current Surplus (Deficit): 7,962,281.38 Total Equity and Current Surplus (Deficit): 7,598,435.69

REPORT TO THE CITY COUNCIL
Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 26, 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 April through June 2022.

BACKGROUND:

The City 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 City 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 City Council to evaluate the use and effectiveness of the program.

FISCAL IMPACT:

There was one waiver issued for $160 for an encroachment permit for our own Bus Shelter project.

ALTERNATIVES:

Pull the item for further discussion.

ACTIONS FOLLOWING APPROVAL:

None.

Date Entity/Person Address Account or Lien # Type Amount Justification 5/4/2022 CATX-Transit 130 S. 2nd St N/A Permit Waived $ 160.00 Waived Encroachment Permit for Bus Shelters $ 160.00
CITY COUNCIL REPORT ON WAIVERS PER RESOLUTION 83-19
QUARTER 4/1/2022 to 6/30/2022

TOTAL FEES WAIVED

REPORT TO THE CITY COUNCIL
Item 4.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 26, 2022
AGENDA SECTION: Public Hearing
SUBJECT: Public Hearing and Resolution Confirming Diagram and Assessments and Approving the Levy and Collection of the Annual Assessments for Landscape Maintenance and Lighting District No. 90-1 for Fiscal Year 2022- 2023
PREPARED BY: Jason Rogers, Public Works Director; Jerry Jones, Contract Engineer ATTACHMENTS: Resolution; Assessment District Boundary Map

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council conduct a public hearing, receive public testimony, and adopt a resolution confirming the diagram and assessments and approving the levy and collection of the annual assessments for Landscape Maintenance and Lighting District No. 90-1 for Fiscal Year 2022-2023.

BACKGROUND:

The Landscape Maintenance and Lighting District (LLD) No. 90-1 generates revenue for the maintenance of public landscaping and also pays for street lighting costs for areas within the LLD. All new developments are annexed into the LLD and charged an annual assessment that is collected with property taxes. There were no annexations into the LLD last year. There are currently 26 Benefit Zones within the LLD, as follows:

Zone
No. Description Improvements Maintained
1 Robertson Village 1, 2, & 3 Landscaping, Streetlights, Palm Parkway 2 Dubose Sanders, PM 86-13 Streetlights, Carlyle, Montgomery, etc. 3 Rosehill, Tract 91-02 Streetlights, Calaveras, Penny, etc. 4 Parkridge Estates II, Tract 90-25 Streetlights, Cedar, Oak, Elm 5 Chowchilla Gardens Apartments Streetlights, Kites Way, Myer Drive 6 Washington Square Apartments Streetlights, Washington, Kites Way 7 Meadow Lark, Tract 97-25 Streetlights, Pistachio, Elm, Birch 8 Palm Estates, Tract 99-12 Landscaping, Streetlights, Palm Parkway 9 Cornerstone Church Landscaping, Streetlights, Robertson, Fig Tree 10 Pheasant Run Landscaping, Streetlights, Waterfall, Robertson, Clubhouse, S. Fig Drive
11 Tract 90-22, Ph. I & II, Shasta
Village Apartments
Landscaping Santa Cruz Blvd, Streetlights
Washington, Kites Way, Molly, etc.
12 Tract 90-22, Ph. III-VI Landscaping Santa Cruz Blvd, Washington, Streetlights Santa Cruz, Elm, Rose, etc.
13 Valley Grove Estates, Tract 03-
11, Ph. I-IV
Landscaping Santa Cruz, Streetlights, Santa
Cruz, Howell, Peach, Plum, Cherry, etc.
14 Valley Grove Estates, Tract 03-
11 & 04-06, Ph. V & VI
Landscaping Santa Cruz, Streetlights,
Cottonwood, Peach, Willow, Almond, Parkridge
15 Valley Grove Estates, Tract 04-
30, Phase VII
Landscaping Santa Cruz, Streetlights, Camellia,
Chestnut, Blossom, etc.
16 Olivero Ranch, Tract 04-11 Landscaping and Streetlights Washington 17 The Village at Chowchilla
Apartments
Landscaping Kites Way, Streetlights, Kites, Myer
18 Parcel 1 of PM 04-49 Landscaping Palm Parkway incomplete:

Assessment deferred
19 Montgomery Farms, Tract 05-07 Landscaping SR 99, Robertson, Streetlights, S.

Fig, Genoa, Montgomery
20 Heritage Center, PM 05-62 Landscaping Robertson Blvd, Streetlights, Robertson, Front, Kings
21 Silva Ford, Tract 05-19 Landscaping SR99, Streetlights, Prosperity 22 Woodcrest, Tract 05-56 Not Completed; Assessment deferred 23 Legacy Ranch, Tract 05-29 Not Completed: Assessment deferred 24 Redwood Apartments Not Completed; Assessment deferred 25 AutoZone Streetlights, Robertson
26 Rite-Aid Landscaping, Streetlights, Robertson
REASON FOR RECOMMENDATION:

This is the final action by City Council required by the California Streets and Highways Code for the levy and collection of the annual assessments for the LLD. Council has previously adopted resolutions for the initiation of proceedings and for the intention to levy and collect the annual assessments. The City Engineer has prepared a report labeled Engineer’s Report of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1, dated June 2022, as required by law, and filed the report with the City Clerk. The report includes descriptions of the improvements maintained, boundaries of the district and benefit zones, and proposed assessments per parcel. This final action requires the City Council to conduct the required public hearing, receive any testimony, and confirm the annual assessments after considering any protests received. The assessment roll is then submitted to the County Assessor for inclusion on the property owner’s tax bill.

FISCAL IMPACT:

The annual assessments from the LLD are used for maintenance of public landscaping and street lighting.

The total assessment for this year is $313,734.78. The maintenance costs and assessments for each benefit zone and parcel are provided in the Engineer’s Report on file with the City Clerk. A summary of the total assessments for each benefit zone is included in the following table.

Zone
No. Description Assessment Amount
1 Robertson Village 1, 2, & 3 $6,349.66
2 Dubose Sanders, PM 86-13 $1,425.38
3 Rosehill, Tract 91-02 $1,769.02
4 Parkridge Estates II, Tract 90-25 $1,038.08
5 Chowchilla Gardens Apartments $251.40
6 Washington Square Apartments $982.00
7 Meadow Lark, Tract 97-25 $1,005.18
8 Palm Estates, Tract 99-12 $1,100.80
9 Cornerstone Church $2,526.38
10 Pheasant Run $135,843.32
11 Tract 90-22, Ph. I & II, Shasta Village Apartments $6,596.62 12 Tract 90-22, Ph. III-VI $11,395.44
13 Valley Grove Estates, Tract 03-11, Ph. I-IV $22,671.70 14 Valley Grove Estates, Tract 03-11 & 04-06, Ph. V & VI $9,852.10 15 Valley Grove Estates, Tract 04-30, Phase VII $3,798.40 16 Olivero Ranch, Tract 04-11 $5,222.78
17 The Village at Chowchilla Apartments $2,859.78
18 Parcel 1 of PM 04-49 Assessment Deferred
19 Montgomery Farms, Tract 05-07 $66,252.96
20 Heritage Center, PM 05-62 $1,560.32
21 Silva Ford, Tract 05-19 $27,919.30
22 Woodcrest, Tract 05-56 Assessment Deferred
23 Legacy Ranch, Tract 05-29 Assessment Deferred
24 Redwood Apartments Assessment Deferred
25 AutoZone $968.24
26 Rite-Aid $2,345.92
Total Assessment = $313,734.78
ALTERNATIVES:

Not to levy and collect the annual assessments for the LLD, resulting in the loss of a significant funding source for maintenance of public landscaping and street lighting.

ACTIONS FOLLOWING APPROVAL:

The assessment roll will be submitted to the County Assessor for inclusion on each property owner’s tax bill.

COUNCIL RESOLUTION NO # -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA

CONFIRMING THE DIAGRAM AND ASSESSMENTS AND APPROVING THE LEVY AND

COLLECTION OF THE ANNUAL ASSESSMENTS FOR LANDSCAPE MAINTENANCE AND LIGHTING DISTRICT NO. 90-1 OF THE CITY OF CHOWCHILLA FOR FISCAL YEAR 2022-2023 WHEREAS, the CITY OF CHOWCHILLA (City) is a Municipal Corporation which provides services and facilities to the citizens of the community; and
WHEREAS, pursuant to Part 2 of Division 15 of the California Streets and Highways Code, the Landscaping and Lighting Act of 1972 (herein “Act”), the City Council of the City of Chowchilla did adopt its Resolution Initiating Proceedings for, Resolution of Intention to Levy and Collect the Annual Assessment for, and Authorize the Formation of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1 (herein “LLD No. 90-1”); and
WHEREAS, proceedings for the annual assessment for LLD No. 90-1 for the fiscal year 2022-2023 were initiated by the City Council on May 10, 2022; and WHEREAS, on June 28, 2022 the City Council adopted a Resolution of Intention to Levy and Collect the Annual Assessment for LLD No. 90-1 for the fiscal year 2022-2023; and WHEREAS, said Resolution of Intention was duly published and notice given of the hearing as required by law.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds and determines the following:

1. The Council hereby determines that the territory within the LLD No. 90-1, whose boundaries are set forth in the Engineer’s Report of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1, dated June 2022, and on file with the City Clerk of the City of Chowchilla, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer's Report.

2. The Engineer's Report, the diagram for the assessment district, and the assessment of the estimated costs of the improvements contained therein and each and every part of said report, is adopted and approved; and the assessment upon the land in LLD No. 90-1 being found to be in proportion to the benefits to be received from the improvements, are finally approved and confirmed as the assessment to pay the costs of said improvements and the expenses incidental thereto.

3. The hearing on said annual levy of assessment was held in accordance with law, all persons filing protests or requesting to speak and who appeared were heard.

4. The Council hereby orders the levy and collection of the assessments described in said Resolution of Intention and the Engineer's Report for fiscal year 2022-2023.

5. The City Clerk shall file this Resolution, as confirmed, or a certified copy thereof, the diagram and assessment, and all assessment information required by the County of Madera Auditor to the Auditor's office no later than August 10, 2022, or as otherwise directed by the County Auditor.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 26th day of July, 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 4.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 26, 2022
AGENDA SECTION: Public Hearing
SUBJECT: Introduction and First Reading with the Option to Waive the First Reading of a City Council Ordinance Approving Development Agreement No. 21-0003 for the Woodcrest Vesting Tentative Subdivision Map Tract 05-0056
PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: 1. Ordinance

2. Development Agreement

3. Notice of Exemption

4. Public Hearing Notice

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

That the City Council introduce the Development Agreement (DA) 21-0003 for the Woodcrest Vesting Tentative Subdivision Map (VTSM) located on APN 001-400-006 in Chowchilla, and waive the first reading.

BACKGROUND:

Norm Allinder, on behalf of Fagundes Dairy filed an application seeking approval of a Development Agreement (DA) for the Woodcrest Vesting Tentative Subdivision Map. The Woodcrest Vesting Tentative Subdivision Map was originally approved by the Chowchilla City Council on February 26, 2006. The Project is a residential development known as Woodcrest which presently has 176 residential lots and specified outlots approved pursuant to the VTSM. Due to unforeseen circumstances, including the housing recession, the build out of the Woodcrest Project has yet to occur. Among other items, through this Development Agreement, the Applicant is requesting a 5-year agreement term for the DA.

Per section 17.64.080 of the Chowchilla Subdivision Ordinance, the Planning Commission shall make a finding as to whether the proposed development agreement is consistent with the General Plan.

GENERAL PLAN/ZONING ANALYSIS
The project site is Medium-Density Residential (R-M-5) and has a conforming General Plan designation of Medium-Density Residential (MDR). The proposed Development Agreement would provide a framework for the future development of the Woodcrest project, thereby making it consistent with the General Plan designation.

ENVIRONMENTAL REVIEW ANALYSIS:

The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). A Mitigated Negative Declaration was previously prepared for the original Woodcrest project and was approved by the Chowchilla City Council on February 26, 2006. The Development Agreement has been reviewed for conformance with CEQA guidelines and it’s been determined that no additional CEQA analysis is required beyond a Notice of Exemption.

REASON FOR RECOMMENDATION:

At their June 28, 2022 special meeting, the Chowchilla Planning Commission carefully considered the staff report, staff recommendation, and all oral and written evidence presented during the public hearing, and voted to recommend that the City Council approve this item.

FISCAL IMPACT:

None.

ALTERNATIVES:

1. Deny Development Agreement 21-0003.

2. Direct staff to work with the Applicant to make specific changes to the Development Agreement prior to brining it back to the City Council for reconsideration.

ACTIONS FOLLOWING APPROVAL:

1. If approved, staff will file the Notice of Exemption in order to comply with CEQA guideline requirements.

2. The City shall file for and record with the county recorder a copy of the agreement which shall describe the land subject thereto (Muni Code section 17.64.120).

ORDINANCE # 510-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA APPROVING DEVELOPMENT AGREEMENT 21-0003 FOR THE WOODCREST VESTING TENTATIVE

SUBDIVISION MAP
WHEREAS, a Development Agreement application has been submitted by Norm Allinder on behalf of Fagundes Dairy; and
WHEREAS, the project is located on APN 001-400-006 in Chowchilla, CA; and WHEREAS, the Woodcrest Vesting Tentative Subdivision Map was originally approved by the Chowchilla City Council on February 26, 2006; and
WHEREAS, a Mitigated Negative Declaration was previously prepared for the original Woodcrest project and was approved by the Chowchilla City Council on February 26, 2006; and WHEREAS, the Development Agreement has been reviewed for conformance with CEQA guidelines and it’s been determined that no additional CEQA analysis is required beyond a Notice of Exemption; and
WHEREAS, at their June 28, 2022 Special Meeting, the Chowchilla Planning Commission voted unanimously to recommend that the City Council approve this Development Agreement; and WHEREAS, this public hearing was duly noticed for the July 26, 2022 City Council meeting; and WHEREAS, the City Council has carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing; and WHEREAS, the City Council was able to make all of the findings required to be made as identified in section 17.64.100 of the City’s Municipal Code in order to adopt an ordinance approving a Development Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHOWCHILLA DOES ORDAIN AS FOLLOWS:

Section 1. Development Agreement 21-0003 is approved for the Woodcrest VTSM in the City of Chowchilla, County of Madera, State of California, to wit:

DEVELOPMENT AGREEMENT:

See the attached Attachment A.

To approve Development Agreement 21-0003 for the Woodcrest VTSM.

Section 2. No later than ten calendar days after the city enters into a development agreement, the City shall file for and record with the county recorder a copy of the agreement which shall describe the land subject thereto.

PROVED, PASSED, and ADOPTED this ___ day of __________, 2022.

APPROVED:
________________________
Mayor John Chavez
ATTEST:
_______________________
Joann McClendon, CMC
City Clerk
I, Joann McClendon, City Clerk of the City of Chowchilla, California, do hereby certify that the foregoing Ordinance number 510-22 was duly introduced for the first reading on July 26, 2022 and adopted at a regular meeting of the City Council of the City of Chowchilla on _______________ XX, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Chowchilla on this ___ day of ____________, 2022.

Joann McClendon, CMC
City Clerk
ATTACHMENT 2 – Development Agreement
ATTACHMENT 3 – Notice of Exemption
ATTACHMENT 4 – Public Hearing Notice

Page 1 of 40 ends

CITY RECORDING REQUESTED BY:

City Clerk
City of Chowchilla
130 South 2nd Street
Chowchilla, CA 93610
AND WHEN RECORDED MAIL TO:

City Clerk
City of Chowchilla
130 South 2nd Street
Chowchilla, CA 93610
Fagundes Dairy
PO Box 2717
Merced, CA 95344
Space Above For Recorder’s Use
No Recorder’s Fee
APN: 001-400-006

DEVELOPMENT AGREEMENT

BY AND BETWEEN THE

CITY OF CHOWCHILLA
AND

FAGUNDES DAIRY

RELATING TO THE

WOODCREST RESIDENTIAL DEVELOPMENT
July__, 2022

THIS DOCUMENT, EXCLUDING ITS TABLE OF CONTENTS BUT INCLUDING EXHIBITS, TOTALS ____ PAGES. EACH PAGE IS NUMBERED SEQUENTIALLY. 1

Page 2 of 40 ends

Table of Contents R E C I T A L S ................................................................................................................................ 4 T E R M S A N D C O N D I T I O N S .......................................................................................... 6 ARTICLE I ....................................................................................................................................... 6 GENERAL PROVISIONS ............................................................................................................... 6 Section 1.1. The Project..................................................................................................................... 6 Section 1.2. Subject Property............................................................................................................ 6 Section 1.3. Definitions..................................................................................................................... 6 Section 1.4. Exhibits. ........................................................................................................................ 7 Section 1.5. Incorporation of Recitals............................................................................................... 7 Section 1.6. Parties to Agreement. .................................................................................................... 7 Section 1.7. Project is a Private Undertaking.................................................................................... 8 Section 1.8. Term of Agreement....................................................................................................... 8 Section 1.9. Priority of Enactment.. .................................................................................................. 8 Section 1.10. Assignment and Assumption....................................................................................... 8 Section 1.11. Covenants Running With the Land ............................................................................. 9 Section 1.12. Amendment to Agreement. ......................................................................................... 9 Section 1.13. Reserved Discretionary Approvals. .............................................................................. 9 ARTICLE 2....................................................................................................................................... 9 PROJECT DEVELOPMENT ........................................................................................................... 9 Section 2.1. Vested Rights of Developer .......................................................................................... 9 Section 2.2. Future Entitlements.....................................................................................................10 Section 2.3 Developer Fees, Bonds, Securities...............................................................................11 Section 2.4 Insurance Requirements...............................................................................................11 Section 2.5. Permitted Uses and Development Standards...............................................................11 Section 2.6. Amendments ...............................................................................................................12 Section 2.7. No Conflicting Enactments..........................................................................................12 Section 2.8. Changes to Existing Land Use Regulations................................................................13 Section 2.9. Application, Processing and Inspection Fees..............................................................13 Section 2.10. Timing of Development.............................................................................................13 Section 2.11. Obligation and Rights of Mortgage Lenders. ..............................................................14 ARTICLE 3.....................................................................................................................................14 PROJECT ENTITLEMENTS AND PERMIT PROCESSING ......................................................14 Section 3.1. City Approvals. ...........................................................................................................14 Section 3.2. Duty to Grant and Implement......................................................................................15 Section 3.3. Timely Processing.......................................................................................................15 Section 3.4. Development Impact Fees...........................................................................................15 Section 3.5. Road Development Impact Fee....................................................................................15 Section 3.6. Other Fees. ...................................................................................................................15 Section 3.7. Acquisition of Real Property Interests for Public Improvements. ................................15

Page 3 of 40 ends

Section 3.8. Dedications..................................................................................................................16 Section 3.9. Reimbursements for Oversizing..................................................................................16 ARTICLE 4.....................................................................................................................................17 DEFAULT ......................................................................................................................................17 Section 4.1. General Provisions.......................................................................................................17 Section 4.2. Annual Review............................................................................................................17 Section 4.3. Estoppel Certificates ...................................................................................................18 Section 4.4. Developer Default Limited to Property/Entity; Separate Obligations of Owners.......18 Section 4.5. Default by City.............................................................................................................18 Section 4.6. Cumulative Remedies of Parties.................................................................................18 Section 4.7. Forced Delay, Extension of Times of Performance......................................................18 ARTICLE 5.....................................................................................................................................19 TERMINATION.............................................................................................................................19 Section 5.1. Termination Upon Completion of Development.........................................................19 Section 5.2. Effect Upon Termination on Developer Obligations ..................................................19 Section 5.3. Effect Upon Termination on City................................................................................19 ARTICLE 6.....................................................................................................................................19 STANDARD PROVISIONS ..........................................................................................................19 Section 6.1. Notices ........................................................................................................................19 Section 6.2. Recordation of Agreement ..........................................................................................19 Section 6.3. Applicable Law. ..........................................................................................................19 Section 6.4. Invalidity of Agreement/Severability..........................................................................20 Section 6.5. Third Party Legal Challenge.................................................................................20 Section 6.6. Covenant of Good Faith and Fair Dealing ..................................................................20 Section 6.7. Cooperation in Project Implementation ......................................................................21 Section 6.8. Standard Terms and Conditions. .................................................................................21 Exhibit A – Vesting Tentative Subdivision Map ............................................................................24 Exhibit B – Approved Conditions of Approval ..............................................................................25 iii

Page 4 of 40 ends

DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF CHOWCHILLA AND FAGUNDES DAIRY RELATING TO THE

RESIDENTIAL AND COMMERICAL DEVELOPMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”), dated March ____, 2022, is made and entered into by and between the CITY OF CHOWCHILLA, a political subdivision of the State of California (“City”), and FAGUNDES DAIRY, a California general partnership (“Developer”), pursuant to the authority of Article 2.5, Chapter 4, Division 1, Title 7 (§ 65864 et seq. of the Government Code) relating to Development Agreements. This Agreement is entered into with reference to the following facts:

R E C I T A L S

1. In order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development and to reduce the waste of resources, the Legislature adopted the “Development Agreement Law” (§ 65864 et seq. of the Government Code).

2. The Development Agreement Law permits cities and counties to contract with private interests for their mutual benefit in a manner not otherwise available to the contracting parties. Such agreements, as authorized by the Development Agreement Law, can assure property developers they may proceed with projects assured that approvals granted by public agencies will not change during the period of development of their projects. Cities and counties are equally assured that costly infrastructure such as roads, sewers, schools, fire protection facilities, and other public facilities will be available at the time development projects come on line.

3. Pursuant to the Development Agreement Law, the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements on December 11, 2018 by Ordinance 492-18. This Ordinance is codified at Chowchilla Municipal Code section 17.64.

4. Developer has a legal or equitable interest in the Subject Property (as defined herein).

5. Developer desires to develop the Subject Property as the Woodcrest project consistent with the Municipal Code and the following entitlements, permits, approvals and actions that have been approved by the City Council, referred to collectively as “Current Project Entitlements:”
(a) Vesting Tentative Subdivision Map 05-0056 previously approved by City Council Resolution No. 23-06 on February 27, 2006, a copy of which map is attached hereto in Exhibit A (the “Vesting Tentative Subdivision Map”) and all other rights, entitlements, and conditions of approval set forth in City Council Resolution No. 23-06 which is attached hereto in Exhibit B (“Conditions of Approval”), including, but not limited to, the Annexation One Initial Study and the Mitigated Negative Declaration prepared for the Project; and

Page 5 of 40 ends

(b) The existing zoning for the Subject Property.

6. The Planning Commission of the City of Chowchilla, serving as City’s planning agency for the purpose of development agreements, reviewed this Agreement pursuant to Government Code Section 65867 and recommended approval of this Agreement to the City Council.

7. The City Council, having received Developer’s application and the Planning Commission recommendation, and having held duly noticed public hearings on this Agreement, has found and determined as follows:
• This Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan;
• This Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; • This Agreement is in conformity with public convenience, general welfare and good land use practice;
• This Agreement will not be detrimental to the health, safety and general welfare; • This Agreement will not adversely affect the orderly development of property or the preservation of property values; and

8. City further finds the construction, completion and operation of the Project, pursuant to the terms of this Agreement, are in the vital and best interest of the City and the health, safety, and welfare of its residents, and will serve the public purpose of economic development in City and that due to the large scope of the Project, estimated length of time for full Project build out, and unforeseen future market conditions, Developer desires this Agreement, which will impact multiple aspects of the Project, in order to ensure the Project is financially viable and marketable now and in the future.

9. All procedures of the California Environmental Quality Act (“CEQA”) have been met with respect to the Project and this Agreement.

10. The parties have, in good faith, negotiated the terms of this Agreement, and desire to enter into this Agreement pursuant to the terms and legislative purpose of the Development Agreement Law, as set forth above, to ensure the mutually desirable development of the Subject Property.

Page 6 of 40 ends

T E R M S A N D C O N D I T I O N S
NOW, THEREFORE, the parties hereto agree as follows:

ARTICLE I

GENERAL PROVISIONS
Section 1.1. The Project. The Project is a residential development known as Woodcrest which presently has 176 residential lots and specified outlots approved pursuant to the Vesting Tentative Subdivision Map.

Section 1.2. Subject Property. The Project is located on the Subject Property.

Section 1.3. Definitions. As used in the Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section 1.3. (a) Adopting Ordinance means Ordinance Number ______ entitled:
“Development Agreement By and Between the City of Chowchilla and Fagundes Dairy Relative to the Residential and Commercial Development” dated ______ and effective ________, 2022 which approves this Agreement as required by Government Code section 65867.5.
(b) CEQA means the California Environmental Quality Act section 21000, et seq., of the Public Resources Code of the State of California. (c) Certificate of Occupancy means either a certificate issued after inspections by the City authorizing a person or persons in possession of property to dwell or otherwise use a specified building or dwelling unit, or the final inspection if a formal certificate is not issued.
(d) Collective Standards means this Agreement, the Current Project Entitlements and the Existing Land Use Regulations.
(e) City means the City of Chowchilla, as administered by the City Council, or its designee.
(f) Developer means Fagundes Dairy, a California partnership or its successor in interest.
(g) Director means the City Administrator for the City of Chowchilla. (h) Effective Date means the effective date of the Adopting Ordinance. (i) Existing Land Use Regulations mean the ordinances, resolutions and regulations adopted by the City in effect on the Effective Date including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, the timing of development, the design, improvement, and construction standards and specifications applicable to the development of the Subject Property, including, but not limited to, the

Page 7 of 40 ends

General Plan, the zoning ordinance and all other ordinances, codes, rules and regulations of the City establishing subdivision standards, park regulations, impact or development fees, building standards and road and infrastructure improvement standards. (j) General Plan means the General Plan of the City, including the text and maps, as amended in connection with the Project.
(k) Current Project Entitlements mean, and shall be limited to, those approvals set forth in Recital 5.
(l) Project means the anticipated development of the Subject Property as specified in Section 1.1 and as provided for in the provisions of this Agreement and all other incorporated exhibits.
(m) Project Entitlements means Current Project Entitlements and Future Entitlements as defined herein. Project Entitlements shall remain in effect as set forth in Section 1.8.
(n) Subject Property means that certain parcel of real property located in the City of Chowchilla and County of Madera and identified as Assessor’s Parcel Number 001-400-006, which is legally described on Exhibit A (the "Subject Property").

Section 1.4. Exhibits. Exhibits to this Agreement are as follows:

Exhibit A Vesting Tentative Subdivision Map
Exhibit B Conditions of Approval
Section 1.5. Incorporation of Recitals. Recitals 1 through 10 are incorporated herein, including all exhibits referred to in said Recitals. In the event of inconsistency between the Recitals and the provisions of Articles 1 through 6, the provisions of Articles 1 through 6 shall prevail.

Section 1.6. Parties to Agreement. The parties to this Agreement are:
(a) The City. The City of Chowchilla is a municipal corporation formed under the laws of the State of California exercising general governmental functions and power. The principal office of the City is located at 130 S. Second Street, Civic Center Plaza, Chowchilla, California, 93610.
(b) Developer. Fagundes Dairy which has a legal interest in the Subject Property and whose principal office for the purpose of this Agreement is:

Fagundes Dairy
Attention: Fred Fagundes
PO Box 2717
Merced, CA 95344

Page 8 of 40 ends

Section 1.7. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that City has no interest therein except as authorized in the exercise of its governmental functions. Nothing in this Agreement shall preclude the Developer from forming any form of private investment entity for the purpose of completing any portion of the Project.

Section 1.8. Term of Agreement. This Agreement shall commence upon the Effective Date (________________) and shall continue in effect for five (5) years from the Effective Date unless extended or terminated as provided herein. This agreement may be extended for an additional five (5) years by mutual agreement of the City and the Developer. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to posttermination obligations of Developer. In the event of a legal challenge to the Project Entitlements, the term shall be automatically extended by the period of time required to obtain final adjudication of the legal challenge.

Section 1.9. Priority of Enactment. In the event of conflict between the Agreement, the Project Entitlements and the Existing Land Use Regulations, the parties agree that the following sequence of approvals establishes the relative priority of the approvals, each approval superior to the approvals listed thereafter: (1) the Agreement; (2) the Project Entitlements; and (3) the Existing Land Use Regulations.

Section 1.10. Assignment and Assumption. Developer shall have the right to sell, assign or transfer this Agreement with all the rights, title and interests therein to any person, firm or corporation at any time during the term of this Agreement with proper noticing to the City and amendment procedures pursuant to section. In the event of such sale, assignment or transfer, all duties, responsibilities and obligations of Developer in connection with the portions of the Property so sold, assigned or transferred shall be assumed by the buyer, assignee or transferee. The conditions and covenants set forth in this Agreement and incorporated herein by exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The right to sell, assign, or transfer is subject to approval by the City Administrator. If approved by the City Administrator such approval not to be unreasonably withheld, and if not granted, shall be based on written objective standards, express written assumption by such purchaser, assignee or transferee, to the satisfaction of the City Attorney, of the obligations and other terms and conditions of this Agreement with respect to the Subject Property or such portion thereof sold, assigned or transferred, shall relieve the Developer selling, assigning or transferring such interest of such obligations so expressly assumed. The preceding sentence shall not relieve transferor of its obligations under this Agreement following transfer of the Subject Property for any acts or omissions of transferor before such transfer.

A default by any buyer, assignee, transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way any rights hereunder with respect to any portion of the Property not owned by such buyer, assignee or transferee.

The buyer, assignee or transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such buyer, assignee or transferee, and any amendment to this Agreement between City and a buyer, assignee or transferee shall only affect the portion of the Property owned by such transferee.

Page 9 of 40 ends

Section 1.11. Covenants Running With the Land. Each and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Provided however, notwithstanding anything to the contrary above, if any such sale, assignment or transfer relates to a completed residential building, which has been approved by the City for occupancy, the automatic termination provisions of Section 5.1 herein shall apply thereto and the rights and obligations of Developer hereunder shall not run with respect to such portion of the Subject Property sold, assigned or transferred and shall not be binding upon such purchaser, assignee or transferee.

Section 1.12. Amendment to Agreement (Developer and City). This Agreement may be amended by mutual consent of the parties in writing, in accordance with the provisions of Government Code section 65868.

Section 1.13. Reserved Discretionary Approvals. Each discretionary approval by the City, including without limitation, preliminary and final development plans, preliminary and final improvements plans, conditional use permits, tentative subdivision maps, including vesting and non-vesting tentative parcel maps and tentative tract maps, building permits, variances, lot line adjustments, grading permits, encroachment permits, site plan approvals, and the accompanying Conditions of Approval (Exhibit B) that will accomplish the goals, objectives, policies and plans referenced, described, implied and shown in the Agreement and obtained by the Developer for the Project after the Effective Date, shall automatically become part of the Project Entitlements, which vest hereunder, as each such approval becomes effective following formal action by the City. In reviewing and approving such applications, the City reserves the right to exercise its discretion as set forth in applicable provisions of the Development Agreement Law, the General Plan and City Municipal Code in effect as of the Effective Date.

ARTICLE 2

PROJECT DEVELOPMENT
Section 2.1. Vested Rights of Developer. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and City agrees, that the development rights, obligations, terms and conditions specified in the Collective Standards are fully vested in the Developer and may not be changed or modified by the City except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, or as expressly consented thereto by the Developer to the extent such proposed change or modification is applicable thereto or as permitted or required by Government Code §65866, or other applicable state or federal law. (a) Permitted Conditions. In connection with any Project Entitlements, which are undertaken pursuant to and in conformity with the Collective Standards, the City shall have the right to impose reasonable conditions including, without limitation, normal and customary dedications for public rights of way or easements

Page 10 of 40 ends

necessary for the Project; provided, however, such conditions and dedications shall not be inconsistent with the Collective Standards, including this Agreement.

Developer may protest any conditions, dedications, or fees while continuing to develop the Subject Property, and such a protest shall not delay or stop the issuance of building permits or certificates of occupancy so long as such development, or issuance of permits or certificates do not apply to portions of the Project in dispute or otherwise act to preclude City from including such conditions, dedications or fees where ultimately determined to be appropriate.
(b) Amendments to Entitlements. It is contemplated by City and Developer that Developer may, from time to time, seek minor changes to one or more of the Project Entitlements. Any such changes are contemplated by City and Developer as being within the scope of this Agreement as long as they are minor and are consistent with the Agreement. Any minor changes to this Agreement shall be reviewed by City Administrator or designee and Developer in order to determine and verify that such changes are minor and consistent with the Agreement. The parties agree that changes which they mutually agree are minor may be agreed to in writing by the City and Developer. All other amendments will require approval in accordance with State law.

Section 2.2. Future Entitlements. Upon the granting of any subsequent approvals relating to the development of the Subject Property, including without limitation, land subdivision approvals, zone changes, Specific Plans, General Plan amendments, planned unit development approvals, and the like (collectively, the “Future Entitlements”), such Future Entitlements shall become part of the Collective Standards, and Developer shall, to the broadest extent permitted by law, have the vested right to develop the Subject Property and/or any portions thereof in the manner and to the extent permitted by the Collective Standards, as modified, supplemented and or augmented by the Future Entitlements. Such Future Entitlements shall include, without limitation, residential projects including land subdivisions, zoning changes and residential planned unit developments undertaken pursuant to and in conformity to the Specific Plan, as contemplated in CEQA Guidelines § 15182.
(a) Land Use Approvals. Before commencement of construction, Developer shall, at its own expense, secure or cause to be secured any and all land use and other entitlements, permits and approvals which may be required by City or any other governmental agency affected by such construction or work. Nothing in this Agreement is intended to or shall operate to commit City’s discretion with respect to land use and other entitlements, permits, and approvals which may be required by Developer with respect to the Developer Improvements.
(b) Term of Subdivision Maps. Pursuant to California Government Code § 66452.6(a)(1), the term of any Subdivision Maps related to all or any portion of the Subject Property shall be extended for a period to the longer of (i) the expiration date of this Agreement as set forth in Section 1.8 above, including any extensions thereof, or (ii) the term of such maps under applicable provisions of the Subdivision Map Act, including any non-discretionary extensions and any granted discretionary extensions thereof.

Page 11 of 40 ends

Section 2.3 Developer Fees, Bonds, Securities Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City, City shall only charge and impose those fees and exactions, including without limitation, dedications and any other fee or tax (including excise, construction, or any other tax) relating to development or the privilege of developing, which are in effect as of the Effective Date of this Agreement and apply to all projects on a City-wide basis.

Bonds and Securities determined to be required at the City’s sole discretion at the time of final approvals of Future Entitlements shall be calculated and communicated to Developer at the time of the approval. In the event the Project is phased, Bonds and Securities, with applicable reasonable terms and conditions, will be calculated at the time of final approval for each phase and shall be incorporated into this document by amendment.

Section 2.4 Insurance Requirements. Developer shall take out prior to commencement of construction of the Developer Improvements, and maintain or shall cause its contractor to take out and maintain until the termination of the Agreement, a comprehensive general liability policy in the amount of Five Million Dollars ($5,000,000) combined single limit policy, and if Developer owns automobiles, a comprehensive automobile liability policy in the amount of Two Million Dollars ($2,000,000), combined single limit, or such other policy limits as City may approve at its discretion, including contractual liability, as shall protect Developer and City from claims for such damages, and which policy shall be issued by an “A” rated insurance carrier. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to be furnished to City evidence satisfactory to City that the Developer and any contractor with whom it has contracted for the performance of work on Parcel C or otherwise pursuant to this Agreement carries workers’ compensation insurance as required by law. Developer shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by City setting forth the general provisions of the insurance coverage. This countersigned certificate shall name City and its respective officers, agents, employees, and volunteers, as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not be contributing with any insurance maintained by City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of City. The required certificate shall be furnished by Developer at the time set forth therefor in the Schedule of Performance or, if no time is specified, prior to the commencement of construction of the Developer Improvements.

Section 2.5. Permitted Uses and Development Standards. The Project’s permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation and dedication of land or payment of fees in lieu of dedication for public purposes, the construction, installation and extension of public and private improvements, subdivision standards, development guidelines and standards, implementation program for processing of subsequent entitlements and other conditions of development for the Subject Property shall be those set forth in the Collective Standards.

Page 12 of 40 ends

The parties hereto intend that the Collective Standards shall serve as the definitive and controlling documents for all subsequent actions, discretionary or ministerial, relating to the development, subdivision, and occupancy of the Project. All development shall be in substantive conformity with the Collective Standards to the approval of the City Administrator. Except as otherwise stated in this Agreement, subsequent approvals undertaken pursuant to and in conformity with the Project approved concurrently with the adoption of this Agreement, shall not be conditioned upon adherence to other ordinances, rules, regulations or requirements except as permitted or required by Government Code §65866 or other applicable law.

Section 2.6. Amendments. Any amendments to the Tentative Subdivision Map or Project Entitlements agreed to by the Developer and Community and Economic Development Director do not require an amendment to this Agreement.

Section 2.7. No Conflicting Enactments. Except as permitted or required by state or federal law, neither the City nor any agency of the City shall enact and apply to the Subject Property any ordinance, resolution or other measure that relates to the rate, timing or sequencing of the development or construction of the Subject Property on all or any part of the Subject Property that is in conflict with this Agreement, or any amendments thereto, or that reduces the development rights provided by this Agreement. Without limiting the foregoing general statement, and for all purposes pursuant to this Agreement generally, and this Section 2.7 specifically, and except as permitted or required by state or federal law, an ordinance, resolution or other measure shall be deemed to conflict with this Agreement if the ordinance, resolution or measure seeks to accomplish any one or more of the following results, either with specific reference to this Subject Property or as part of a general enactment that applies to this Subject Property would or could:
(a) Limit or reduce the density or intensity of the Project development granted by the Collective Standards or otherwise require any reduction in the height, number, size or square footage of lots, structures or buildings; (b) Expand or increase Developer’s obligations under the Collective Standards with respect to the provision of parking spaces, streets, roadways and/or any other public or private improvements or structures; (c) Directly limit public services or facilities otherwise available (e.g., water, drainage, sewer or sewage treatment capacity) to, within or available for use by the Project;
(d) Limit or control in any manner the timing or phasing of the construction/development of the Project allowed by the Collective Standards; (e) Limit the location of buildings, structures, grading or other improvements relating to the development of the Project in a manner which is inconsistent with or more restrictive than the Collective Standards; (f) Limit the processing of applications for or procurement of Subsequent Approvals;
(g) Establish, enact or increase in any manner applicable to the Project,

Page 13 of 40 ends

or impose against the Project, any fees, taxes (including, without limitation, general, special, and excise taxes), assessments, liens or other financial obligations other than those obligations specifically in effect as of the date of approval of the Vesting Tentative Subdivision Map except as otherwise specifically provided in this Agreement; or
(h) Initiate, support or establish any assessment district or other public financing mechanism that would include or otherwise burden or affect the Project or the Subject Property that has not been established prior to the Effective Date.

Clauses (a) through (h) above are intended as examples, and not as a comprehensive or exclusive list, of new development requirements that would or could conflict with the Collective Standards, and therefore with this Agreement.

Section 2.8. Changes to Existing Land Use Regulations. Only the following changes to the Existing Land Use Regulations shall apply to the development of the Subject Property:
(a) Land use regulations, ordinances, policies, programs, resolutions or fees adopted or undertaken by City in order to comply with regional, state or federal laws, plans or regulations, provided that in the event that such regional, state or federal laws, plans or regulations prevent or preclude compliance with one or more provisions of this Agreement, such provision or provisions shall be modified or suspended as may be necessary to comply with such regional, state or federal laws or regulations. City land use regulations, ordinances, policies, programs, resolutions or fees adopted after the Effective Date, that are not in conflict with the terms and conditions for development of the Subject Property established by this Agreement or otherwise applicable Existing Land Use Regulations and which do not impose additional burdens on such development.
(b) City land use regulations, ordinances, policies, programs, resolutions or fees adopted after the Effective Date, which are in conflict with the Existing Land Use Regulations, but the application of which to the development of the Subject Property has been consented to in writing by the Developer and/or the applicable Landowner either through this Agreement or by later separate document.

Section 2.9. Application, Processing and Inspection Fees. Application fees, processing fees and inspection fees that are revised during the term of this Agreement shall apply to the Project pursuant to this Agreement, provided that such revised fees apply generally to similar private projects or works within City.

Section 2.10. Timing of Development. The parties acknowledge that the most efficient and economic development of the Subject Property depends upon numerous factors, such as market orientation and demand, interest rates, competition and similar factors, and that generally it will be most economically beneficial to the ultimate purchasers to have the rate of development determined by Developer. Accordingly, the timing, sequencing and phasing of the development is solely the responsibility of Developer, and the City Council shall not impose, by ordinance, resolution or otherwise, any restrictions on such timing, sequencing or phasing of development within the Subject Property.

Furthermore, the timing of the construction of acquired facilities, also depends on numerous factors relating to the need of the City or the subject property for the acquired facilities and

Page 14 of 40 ends

the timing and sequence of construction of such facilities shall be as provided for in the Acquisition Agreement. The parties shall attempt to reach mutual agreement relating to the timing and sequence of construction of the acquired facilities. Developer may seek to phase the final subdivision maps as the Developer determines in its sole discretion. The City may impose reasonable conditions on the phasing of final maps as permitted by the Subdivision Map Act (California Government Code Section 66410 et seq.) or other applicable law.

Section 2.11. Obligation and Rights of Mortgage Lenders. The holder of any mortgage, deed of trust or other security arrangement with respect to the Subject Property, or any portion thereof, shall not be obligated under this Agreement to construct or complete improvements or to guarantee such construction or completion, but shall otherwise be bound by all of the terms and conditions of this Agreement which pertain to the Subject Property or such portion thereof in which it holds an interest. Any such holder who comes into possession of the Subject Property, or any portion thereof, pursuant to a foreclosure of a mortgage or a deed of trust, or deed in lieu of such foreclosure, shall take the Subject Property, or such portion thereof, subject to any pro rata claims for payments or charges against the Subject Property, or such portion thereof, which accrue prior and subsequent to the time such holder comes into possession. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Subject Property, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Agreement, subject to all of the terms and conditions of this Agreement.

ARTICLE 3

PROJECT ENTITLEMENTS AND PERMIT PROCESSING
Section 3.1. City Approvals. Subject to Developer's compliance with applicable regulations, and except as otherwise required by applicable state or federal law, the City will permit the uses on the Subject Property that are consistent with the Collective Standards. The City agrees to review and act upon grant and implement the land use and building approvals, including, but not limited to, planned unit developments, variances, development plans, subdivision improvement plans and agreements, building plans and permits, specifications, landscape plans, grading plans and permits, parcel maps, tentative subdivision maps, final subdivision maps (including phased final subdivision maps), amendments to maps, lot line adjustments, re-subdivisions, use permits and certificates of occupancy (collectively “City Approvals”), in the manner reasonably necessary or desirable to accomplish the goals, objectives, policies, standards and plans described in the Collective Standards. City Approvals shall include any applications, permits and approvals required to complete the infrastructure and improvements necessary to develop the Subject Property (collectively, the “Improvements”), in accordance with the Collective Standards, including, without limitation, those related to: (i) clearing the Subject Property; (ii) grading the Subject Property; (iii) construction of roads, storm drainage facilities, sewer facilities and other utility facilities and connections; (iv) construction of water treatment and delivery facilities and storage tanks; and (v) construction of all residential structures and all structures and facilities accessory thereto, subject to the limitations set forth in the Collective Standards.

Page 15 of 40 ends

Section 3.2. Duty to Grant and Implement. City's obligation to review and act upon grant and implement the City Approvals set forth above shall not infringe upon the City's right to withhold such City Approvals for failure to conform to the Collective Standards, or to applicable state or federal law.

Section 3.3. Timely Processing. The aforementioned City Approvals and any environmental review required thereon shall be reviewed and acted upon granted in an expeditious manner.

Section 3.4. Development Impact Fees. Developer shall be responsible for the payment of the Development Impact Fees required by the Project Entitlements, and set forth below, at the rate of such fees as of the date of approval of the Vesting Tentative Subdivision Map. Except for the obligation to pay the below Development Impact Fees, Developer shall not be responsible for the payment of any development impact fees imposed by the City. The preceding sentence shall not limit the City’s ability to impose other types of fees on the Project provided in this Agreement. Development Impact Fees for the Project shall be as were in place at time of vesting: $16,675 per single-family residential unit.

Section 3.5. Road Development Impact Fee. The Road Impact Fee set forth in Section 3.6 above shall be placed in a segregated bank account and used solely for the purpose of constructing the road improvements required by the Current Project Entitlements, including without limitation those costs and fees related to the design, engineering, construction, and management of constructing of such improvements. Upon completion of such improvements, and acceptance of such improvements by the City, any remaining Road Impact Fees shall be available to the City for any public improvements.

Section 3.6. Other Fees. In addition to payment of the Development Impact Fees set forth above, the City may collect additional fees or exactions which meet one of the following definitions: (1) they are directly imposed by another governmental agency and the City is required to collect the additional fees; or (2) they are uniformly imposed on all comparable residential or commercial development projects within the City and are required solely to provide capital infrastructure facilities or improvements needed for health and safety reasons as a direct result of the Project and are otherwise consistent with Government Code §66000 et seq., the General Plan, and the Specific Plan.

Section 3.7. Acquisition of Real Property Interests for Public Improvements.

With regard to property acquisitions and dedications for the purpose of constructing any public improvements, the City shall use its best efforts to include as a condition of approval of other development projects adjacent to the Project, that such adjacent projects shall dedicate easements and rights-of-way necessary for the Project’s infrastructure improvements, as feasible, and Developer shall use and document its reasonable efforts to obtain any easement, rights-of-way, or other real property interests where the City is unable, due to lack of immediate jurisdiction, to require such interest. If Developer is unable to acquire such real property interests within a reasonable timeframe and after the exercise of reasonable diligence, then Developer may request assistance from the City. Upon such request, the City may negotiate the purchase of the necessary real property interests, or may, in its sole discretion, commence condemnation proceedings in accordance with

Page 16 of 40 ends

Government Code Section 66462.5, to acquire such real property interests. Developer shall advance all costs and expenses of acquiring necessary real property interests, whether though negotiated acquisition or condemnation proceedings, including but not limited to, payment of the fair market value or negotiated settlement of the subject property, the cost of removing any existing structures and/or relocation expenses if necessary to construct the requirement improvements, and all appraisal, expert, legal, staff and administrative costs.

Developer shall indemnify the City, its elected and appointed officers, officials, employees, agents, representatives and volunteers against any adverse determination, adjudication or monetary award to a plaintiff in an eminent domain proceeding conducted pursuant to the provisions of this Agreement, by a court of competent jurisdiction.

Section 3.8. Dedications. Developer shall offer and the City shall accept such dedications for all required public lands upon completion of the improvements to be installed therein, or when otherwise provided herein, as follows:
(a) Rights-of Way. Developer shall dedicate its interest in any and all public road rights-of-way without expense to the City, at no cost to the City or any other public agency, and the City shall accept such dedication upon the recordation of the final map for the corresponding subdivision. Such rights-of-way or property to be conveyed to City pursuant to the Project Entitlements shall be delivered by Developer free of any liens, encumbrances, special taxes, or assessments, not approved by City, and shall be excluded from any covenants, conditions and restrictions on the Subject Property.
(b) Public Utility Easements. Developer shall dedicate its interest in any and all improvements to water lines, water tanks, pump stations, sewer lines, storm drains, storm retention basins and other public utilities for public utility purposes, as required by the public utilities having jurisdiction and City’s Engineer, in a form approved by City’s Engineer, to the City, at no cost to the City or any other public agency, and the City shall accept such dedication. The easements shall be effective upon recordation of said form.
(c) All Dedications. Such rights-of-way or property to be dedicated to City pursuant to the Project Entitlements shall be delivered by Developer free of any liens, encumbrances, special taxes, or assessments, not approved by City, and shall be excluded from any covenants, conditions and restrictions on the Property.

Section 3.9. Reimbursements for Oversizing. Whenever improvements are required to be installed adjacent to the Subject Property other than those required by the Project Entitlements, or in greater size or capacity than that required by the Project Entitlements, the City shall include as a condition of approval, that such other improvements will be subject to the provisions of the Chowchilla Municipal Code related to infrastructure reimbursement agreements.

Page 17 of 40 ends

ARTICLE 4

DEFAULT
Section 4.1. General Provisions.
(a) Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Agreement to perform any term or provision of this Agreement, shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner not less than thirty (30) days’ notice in writing specifying the nature of the alleged default and the manner in which said default may be cured. During any such thirty (30) day period, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings. (b) After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at his option, institute legal proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to California Government Code section 65868 and any regulations of the City implementing said Government Code section. Following notice of intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review in the manner set forth in Government Code sections 65865, 65867, and 65868 and City regulations implementing said sections by the City within thirty (30) calendar days.
(c) Following consideration of the evidence presented in said review before the City, either party alleging the default by the other party or Landowner may institute legal proceedings or may give written notice of termination of this Agreement to the other party; provided, however, a Landowner may only give such notice with respect to such portion of the Subject Property in which Landowner owns an interest. (d) Evidence of default may also arise in the course of a regularly scheduled periodic review of this Agreement pursuant to Government Code section 65865.1. If either party or Landowner determines that a party or Landowner is in default following the completion of the normally scheduled periodic review, said party or Landowner may give written notice of termination of this Agreement specifying in said notice the alleged nature of the default, and potential actions to cure said default where appropriate. If the alleged default is not cured in thirty (30) days or within such longer period specified in the notice, or the defaulting party or Landowner waives its right to cure such alleged default, this Agreement may be terminated by City as to the Developer or Landowner and the property in which the Developer or Landowner owns an interest.

Section 4.2. Annual Review. City shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance by Developer and Landowner with the terms of this Agreement. Such periodic review by the City Administrator shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code section 65865.1. Failure to complete said review within the prescribed period shall be deemed a finding of good faith substantial

Page 18 of 40 ends

compliance for that period. Notice of such annual review shall include the statement that any review may result in amendment or termination of this Agreement. A finding by City of good faith compliance by Developer and Landowner with the terms of the Agreement shall conclusively determine said issue up to and including the date of said review. Any party may appeal a determination by the City Administrator to the City Council by filing a written appeal with the Clerk of the City Council within ten (10) days of the determination. The City shall deposit in the mail or fax to Developer and/or Landowner a copy of all staff reports and, to the extent practical, related exhibits concerning contract performance at least seven (7) days prior to such periodic review.

Section 4.3. Estoppel Certificates. City shall at any time upon not less than thirty (30) days prior written notice from Developer, execute, acknowledge and deliver to Developer, lender or investor, an Estoppel Certificate in writing which certifies that this Agreement is in full force, has not been terminated and is enforceable in accordance with its terms.

Section 4.4. Developer Default Limited to Property/Entity; Separate Obligations of Owners. Except as may be specified in Section 4.1, no default hereunder in performance of a covenant or obligation with respect to a particular portion of the Subject Property shall constitute a default applicable to any other portion of the Subject Property, and any remedy arising by reason of such default shall be applicable solely to the portion of property where the default has occurred. Similarly, the obligations of the Developer and Landowners shall be severable and no default hereunder in performance of a covenant or obligation by any one of them shall constitute a default applicable to any other owner who is not affiliated with such defaulting owner, and any remedy arising by reason of such default shall be solely applicable to the defaulting owner and the portion of the Subject Property owned thereby.

Section 4.5. Default by City. In the event City does not accept, review, approve or issue necessary development permits or entitlements for use in a timely fashion as defined by Section 3.3 of this Agreement, or as otherwise agreed to by the parties, or the City otherwise defaults under the terms of this Agreement, City agrees that Developer or Landowner shall not be obligated to proceed with or complete the Project or any phase thereof, nor shall resulting delays in Developer performance constitute grounds for termination or cancellation of this Agreement.

Section 4.6. Cumulative Remedies of Parties. In addition to any other rights or remedies, City, Developer and any Landowner may institute legal or equitable proceedings to cure, correct or remedy any default, to specifically enforce any covenant or agreement herein, to enjoin any threatened or attempted violation of the provisions of this Agreement.

Section 4.7. Forced Delay, Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party or Landowner hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities other than the City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulation enacted by the state or federal government or litigation. Notwithstanding the foregoing sentence, delays incurred in conjunction with the delivery of water or sewer service shall not result in any extensions. An extension of time for such cause shall be granted in writing by City for the period of the forced delay or longer, as may be mutually

Page 19 of 40 ends

agreed upon, but in no case shall the cumulative extensions add more than five (5) years to the effective period of this Agreement.

ARTICLE 5

TERMINATION
Section 5.1. Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the term or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. This Agreement shall automatically terminate and be of no further force or effect as to any single-family residence, any other residential dwelling unit(s) or parcel upon which such residence is located, when it has been approved by the City for occupancy.

Section 5.2. Effect Upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City General Plan and the terms and conditions of any applicable zoning, or subdivision map or other land use entitlements approved with respect to the Subject Property, any other covenants or any other development requirements specified in this Agreement to continue after the termination of this Agreement, or obligations to pay assessments, liens, fees or taxes.

Section 5.3. Effect Upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided vesting of such entitlements, conditions or fees may then be established for such property pursuant to then existing planning and zoning law) and the City shall no longer be limited, by this Agreement, to make any changes or modifications to such entitlements, conditions or fees applicable to such property.

ARTICLE 6

STANDARD PROVISIONS
Section 6.1. Notices. Notices, demands, correspondence and other communication to City and Developer shall be deemed given if dispatched by prepaid first-class mail to the principal offices of the parties as designated in Section 1.6. Notice to the City shall be to the attention of both the City Attorney and the City Administrator. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notices. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence.

Section 6.2. Recordation of Agreement. Within ten (10) days of the City Council entering into this Agreement, the Clerk of the City Council shall record this Agreement.

Section 6.3. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Page 20 of 40 ends

Section 6.4. Invalidity of Agreement/Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date, the remaining provisions shall continue in full force and effect.

Section 6.5. Third Party Legal Challenge.
(a) Indemnification. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner, challenging this Agreement or any provision herein, Developer agrees to defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, and employees arising from such approval.

The obligation of Developer to defend, indemnify, and hold harmless arises only if the City notifies Developer of any claim, action, or proceeding within a reasonable time after the City knows of the claim, action, or proceeding.
(b) Developer shall, upon written request of the City, prepare a defense for the City at Developer’s sole expense. Alternatively, the City, at the City’s sole discretion, may prepare its own defense, with Developer paying the reasonable costs of the City’s defense. Such costs shall include attorney fees and other related costs of defense, including without limitation, travel, postage, photocopies, and City staff costs. (c) Developer shall not be required to pay, or perform under the terms of, any settlement unless the settlement is approved in advance by the Developer. The City must approve any settlement affecting the rights and obligations of the City. (d) In all cases, regardless of whether the City or the Developer defends the City, the Developer shall indemnify the City for any judgment, order, or settlement rendered as a result of any claim, action, or proceeding arising from the approval. (e) At no time shall Developer file any complaint, cross complaint, or any offensive pleadings in an action arising out of the City’s approval without first obtaining the City’s written approval.

Developer shall pay to the City, within thirty calendar days upon written demand, any amount owed to the City as a result of the City incurring costs or expenses due to its defense under the terms of this sub-section.

Section 6.6. Covenant of Good Faith and Fair Dealing. Time is of the essence in achieving agreement on the form and substance of all documents, their execution, implementation actions including the grant of approvals and permits, formation of special districts, design, construction and operation of infrastructure, provision of services, and accomplishment of all further undertakings by all parties as contemplated by this Agreement. Implicit in this Agreement are all the covenants of good faith and fair dealing recognized under California law. All parties pledge and agree to use their best efforts to reach accord with respect to all details required to effect the intentions evidenced by this

Page 21 of 40 ends

Agreement.

Section 6.7. Cooperation in Project Implementation. The City further agrees to cooperate in the implementation of the Project. Cooperation is defined as the timely review, permitting and inspection of all on-site and off-site buildings, improvements, and finalized construction and maintenance of public facilities as provided in Section 3.3 of this Agreement.

Section 6.8. Standard Terms and Conditions.
(a) Venue. Venue for all legal proceedings shall be in the Superior Court for the County of Madera.
(b) Waiver. A waiver by any party of any breach of any term, covenant or condition herein contained or a waiver of any right or remedy of such party available hereunder at law or in equity shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the party so waiving. (c) Completeness of Instrument. This Agreement, together with its specific references and attachments, constitutes all of the agreements, understandings, representations, conditions, warranties and covenants made by and between the parties hereto. Unless set forth herein, neither party shall be liable for any representations made express or implied.
(d) Supersedes Prior Agreements. It is the intention of the parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written or oral, between the parties hereto. (e) Captions. The captions of this Agreement are for convenience in reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.
(f) Number and Gender. In this Agreement, the neutral gender includes the feminine and masculine, and the singular includes the plural, the word “person” includes corporations, partnerships, firms or associations, wherever the context so requires. (g) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory as used in this Agreement. “May” is permissive as used in this Agreement. (h) Term Includes Extensions. All references to the term of this Agreement or the Agreement Term shall include any extensions of such term. (i) Successors and Assigns. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.

Page 22 of 40 ends

(j) Modifications. No modification or waiver of any provisions of this Agreement or its attachments shall be effective unless such waiver or modification is in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given. (k) Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(l) Other Documents. The parties agree that they shall cooperate in good faith to accomplish the object of this Agreement and to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.
(m) Partial Invalidity. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. (n) Controlling Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of California.
(o) Time is of the Essence. Time is of the essence of this Agreement and each covenant and term a condition herein.
(p) Authority. All parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement in the names, titles and capacities herein stated and on behalf of any entities, persons, estates or firms represented or purported to be represented by such entity(s), person(s), estate(s) or firm(s) and that all formal requirements necessary or required by any state and/or federal law in order to enter into this Agreement have been fully complied with. Further, by entering into this Agreement, neither party hereto shall have breached the terms or conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon.
(q) Document Preparation. This Agreement will not be construed against the party preparing it, but will be construed as if prepared by all parties. (r) Advice of Legal Counsel. Each party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement.
(s) Attorneys Fees and Costs. If any action at law or in equity, including an action for declaratory relief or any arbitration, is brought to enforce or interpret provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such party may be entitled.

Page 23 of 40 ends

(t) Time Periods. All time periods are measured as calendar days, unless a different intent is clearly stated.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year set forth below, as authorized by Ordinance No. of the Council.

Date: , 2022
CITY:

CITY OF CHOWCHILLA,
a Municipal Corporation
By:
, Mayor of the City of Chowchilla
ATTEST:

, City Clerk
APPROVED AS TO CONTENT:

Community and Economic Development Department
By:
, Director of Community and Economic Development
APPROVED AS TO FORM:

By:
, City Attorney
DEVELOPER:

FAGUNDES DAIRY
a California general partnership
By:
______________, its Manager

Page 24 of 40 ends

Exhibit A – Vesting Tentative Subdivision Map

Page 25 of 40 ends

Exhibit B – Approved Conditions of Approval (Per Resolution 80-06) City Council approved Amended Vesting Tentative Subdivision Map No. 05-0056 with the following conditions:

Amendment Conditions:

1. In Phase One, the applicant shall install barricades at dead end intersections and street with adequate signs per street safety orders that are acceptable to the City.

2. In Phase One, the applicant shall complete Shasta Way from Myer Street to Washington Blvd. including transitions at Washington Blvd. and Shasta Way to City Standards. Phase two, the applicant shall complete Shasta Way from Myer Street to Palm Parkway.

3. In Phase One, construct Santa Cruz Blvd. from Washington Blvd. to Myer Street including transitions at Washington Blvd. and the complete intersection at Myer Street to City Standards.

4. In Phase One, provide structural calculations for retaining wall on Santa Cruz Blvd.

5. In Phase One, dedicate full right-of-way for Santa Cruz Blvd. including the intersection at Santa Cruz Blvd. and Palm Parkway.

6. In Phase Two construct Santa Cruz Blvd. from Myer Street to Palm Parkway including the intersection at Palm Parkway to City Standards. A reimbursement agreement will be provided for one-half the cost of the Palm Parkway intersection with the southerly property owner.

7. In Phase One, Install additional signage acceptable to the City on Santa Cruz Blvd. for "not a Through Street" to City Standards.

8. In Phase One, construct storm drainage lines according to the approved storm drainage master plan serving Phase One, plus install storm drainage line in Santa Cruz Blvd. and Adirondack Court to the storm drainage basin to City Standards.

9. In Phase One, provide a twenty foot wide easement to the City for the storm drainage pipeline from Santa Cruz Blvd. (dedicated right-of-way) in the alignment of Adirondack Court to the drainage basin. The easement shall be improved with an all weather surface (acceptable to the City) for maintenance of the pipeline and basin by the City.

10.In Phase One, provide access to the storm drainage easement with safety lock gate at Santa Cruz and Myer Street.

11.In Phase Two, remove all temporary improvements provided in Phase One.

Page 26 of 40 ends

12.In Phase One, construct the storm drainage basin to accommodate phase one plus off-site demands as determined by the City. Phase two shall complete the basin to its ultimate design capacity and install all appurtenances including fences and gates to City Standards.

13.In Phase Two, install landscaping at the drainage basin and on approaches to the drainage basin to City approved plans, and dedicate basin to City.

14.Phase One water lines shall be looped between Washington Road, Santa Cruz Blvd., Myer Street and Shasta Way along with all valves and appurtenances to City Standard.

15.If Ryland Homes is requesting an alternative decorative street light standard for non-intersection locations, then such alternative decorative street light standards and locations shown on a street lighting map shall be approved by the City Council prior to or concurrent with the Final Map approval.

Prior Conditions of Approval (Note: Kites Way has been changed to Shasta Way)

1. The project shall comply with all provisions of Chapter 17 of the City of Chowchilla municipal code (Subdivision Ordinance).

2. The project shall comply with all provisions of the State Subdivision Map Act.

3. The project shall comply with all provisions of Chapter 18 of the City of Chowchilla municipal code (Zoning Ordinance).

4. If Opportunity Builders project develops prior to the acceptance for construction of Tract 05-56, a reimbursement fee for street and utilities will be required for shared costs.

5. If Tract 05-56 develops prior to the Opportunity Builders project a reimbursement of a share cost for street and utilizes will be required.

6. If other developments construct improvements within Shasta Way, a reimbursement for share cost will be required from Tract 05-56 and Opportunity Builders.

7. Where the opposite side of Shasta Way is unimproved, Shasta Way shall be constructed as a one half street plus one (1) twelve (12) foot travel lane for two way traffic along the frontage of this project.

8. A portion of Shasta Way (westerly side) near the intersection of Washington Road shall be completed to provide for vehicle trip movement. A reimbursement is recommended for share cost for future development of the adjacent parcel.

Page 27 of 40 ends

9. Improvement plans shall be prepared by the Registered Civil Engineer and approved by the City Engineer for the required subdivision improvements.

10.All improvement plans shall be prepared and improvements shall be constructed per the City of Chowchilla Standards and Specifications and approved by the City Engineer.

11.All improvements for the undergrounding of the existing and new electrical power and electrical services shall be included in the complete development.

All new and existing electrical shall comply with PG&E and City Requirements.

12.Streets
a. If a connection is not made between Palm Parkway and Santa Cruz (and at a minimum that portion of Palm Parkway is not constructed to Shasta Way), that portion of Santa Cruz Blvd. south of Myer Street will become an unacceptably long "cul-de-sac". If the connection is not made as part of this project, only 300 feet of Santa Cruz Blvd. be constructed south of Myer Street, thereby allowing only lots 56 through 61 to be constructed. The balance of the lots may be constructed once the connection is made between Santa Cruz Blvd., Palm Parkway, and at a minimum Shasta Way.
b. Street improvements are to include curb, gutter and sidewalk, driveway approaches, radius returns with handicap ramps, street lights, aggregate base rock, asphalt concrete, mounmentation, street structural preparation and surface sealing per City Standard Plans and Specifications.
c. Handicap ramps shall be constructed at each intersection Per City Standards and sidewalks shall be constructed around approaches per ADA Standards.
d. Streetlights shall be constructed at all intersections locations and at spacing required throughout the development per the Standard Specifications, or as approved by the City of Chowchilla. Spacing shall not exceed 240 feet on center for residential streets and 220 feet for major collectors.
e. Project shall include all street signs, stop signs and other designated by the City for street call names and traffic control. All signs shall be provided per City Municipal Code and shall be in like kind construct on other City Streets.
f. Residential sidewalks shall be five (5) foot wide (5.5 feet from the face of curb). Sidewalks shall be installed adjacent to the curb.

Page 28 of 40 ends

g. Sidewalk shall be constructed minimum four (4) inches thick with six (6) sack per cubic yard concrete.
h. All corner lots shall be designed to accommodate sidewalks and curb ramps per City of Chowchilla Standard Drawing ST-12A, or as approved by the City Engineer.
i. All concrete work including curbs, gutter, valley gutter, sidewalks, drive approaches, curb ramps, and other, shall be Class "A" six (6) sack concrete per cubic yard.
j. All residential streets shall be a minimum sixty (60) feet right-of-way; Washington Avenue is a major collector street and shall be an eighty (80) foot right-of-way; Santa Cruz Blvd. is a major collector street and shall be an eighty (80) right-of-way; Santa Cruz Blvd. will extend south to intersect with Palm Parkway. Palm Parkway and Shasta Way are minor collector Streets and shall be a sixty (60) foot right-of-way; Courts shall be sixty (60) foot right-of-way with fifty (50) foot radius bulbs.
k. The Street Standards shall designate minimum structural sections.

When R-values fall below the minimum standard requirements, the structural section shall be redesigned by the Engineer. l. All minor 60-foot streets shall be constructed with a 10- foot curb pattern, a 5-foot (5.5 feet from the face of the curb), a 2.5 foot curb and gutter, a 36-foot wide asphalt paved surface area.
m. The street structural section based on approved R-values shall be minimum 2" AC over 4" AB over 6" compacted native soil. Aggregate base rock shall be non recycled except as noted in the City Standard Specifications per State Standard Specification requirements for gradation of material.
n. Transitions on Washington Avenue, Myer Street and Palm Parkway shall be approved by the City Engineer.
o. Construct standard barricade on Myer Street and Palm Parkway. p. A Stop sign shall be installed at the intersection of Santa Cruz Blvd. and Washington Avenue, Street 1 and Court 1, Street 3, Myer Street, Court 4 and Palm Parkway; Shasta Way and Washington Avenue, Shasta Way and Myer Street.
q. Street names shall be approved by the City.

Page 29 of 40 ends

r. The existing Kites Way south of Washington Avenue will be renamed as part of this subdivision process.
s. In addition to the City's street light placement standards, a street light is required at the intersection of each minor collector street intersection. t. Lots shall be radial to the center of the cul-de-sac.

13. Major collector streets; Washington Avenue and Santa Cruz Blvd. a. Washington Avenue and Santa Cruz Blvd. shall be constructed with a 10-foot curb pattern a 5-foot sidewalk (5.5 feet from the face of curb), a

2.5-foot curb and gutter a 56-foot wide asphalt paved service area, and bicycle lane.
b. The street structural section based on approved R-values shall be minimum 3-inch asphalt over 6-inches aggregate base over 6-inch compacted native soil. Aggregate base rock shall be non-recycled except as noted in the City Standard Specifications requirements for gradation of materials.
c. Transitions shall be approved by the City.
d. For street transitions that extend into Madera County right-of-way, an encroachment permit shall be obtained from Madera County prior to construction.
e. Stop signs are required at Santa Cruz Blvd. and Washington Avenue and at Shasta Way and Washington Avenue.
f. Stop signs are required at all minor collector streets connecting to Santa Cruz Blvd.
g. On major collector street intersections, in addition to the City's street light placement standards, a street light (rotated) is required at each radius return.
h. All traffic signs and striping shall be provided for traffic safety.

14. Street striping shall be provided per the requirement of the Public Works Department and included in any construction plans.

15. Owner/Developer shall provide all approved safety equipment, flagmen and/or there markers required for all work within the City and public right-of-ways.

16. All dwelling addresses must be lighted.

17. All grades shall be shown based on the City benchmark for the improved area.

Page 30 of 40 ends

18. Utility Plans provided by others shall be submitted to the City for approval prior to the start of construction of the utility. Upon approval, the City will issue an encroachment permit.

19. Typical public utilities (i.e. gas, electric, telephone, able, etc.) are required to be underground.

20. A Pacific Gas & Electric plan and permit will be required for approval by the City prior to utility construction within the public right-of-ways.

21. Grading shall be engineered and certified in accordance with the 1997 UBC.

Grading plan elevations shall be sufficient grade separation at all outer development boundaries.

22. The Owner/Developer shall agree to annex to the City's existing Landscape and Lighting Maintenance District.

23.A landscaping and irrigation plan shall be prepared and submitted to the Parks and Recreation Department for City approval, prior to the filing of the Final map. Responsibilities for the maintenance of landscaping shall be addressed in the Lighting and Landscape Maintenance District.

24.Owner/Developer shall agree to participate and construct all improvements serving the proposed development.

25.Developer shall pay the City all Plan Check and Inspection Fees prior to the recordation of the final map and/or the improvements.

26.Developer shall provide the City with an Engineer's Estimate for improvements.

27.A subdivision guarantee current within thirty (30) days shall be submitted to the City with the final map and other required documents.

28.The Owner/Developer shall provide the City with a construction schedule for the development and provide the construction costs to be approved by the City for the Subdivision Agreement.

29.A Final Subdivision Map shall be prepared in accordance to the current Subdivision Map Act and City Subdivision Ordinance, and submitted to the City Engineer for review and approval. The Final Subdivision Map, prior to recordation, will indicate the recording documentation of the Subdivision Agreement. All administrative fees and charges shall be paid prior to the Notice of Completion of the Phase Development. An affidavit statement will be provided to the Owner/Developer by the City.

30.The submittal of the Final Subdivision Map shall provide a current (within 30 days) preliminary title report, boundary and lot closure calculations.

Page 31 of 40 ends

31.The final map prior to recordation will indicate the recording documents of the Subdivision Agreement and any supplemental requirements for the development.

32.Once the Final map is recorded, the signing Surveyor/Engineer shall submit an electronic file of the plat portion of the Final Map to the Madera County Assessor's Office.

33.An as-built grading plan shall contain an Engineer's Statement or separate letter, certifying that the parcels, streets and lots are graded in accordance to the improvements plans.

34.Water System Improvements
a. Include on the plans the location of the existing water mains, and valves, valve boxes located in adjacent streets that are to be constructed to the proposed system.
b. The water system shall be constructed per City Standard Drawings and Specifications include all valves, hydrants, water services and fittings to serve lots and for the required loop system described below. c. A 12-inch water main is existing in Washington Road, in Myer Street and in Shasta Way north of Myer Street.
d. The water main shall be looped in Shasta Way from Palm Parkway to Myers Street and in Palm Parkway to complete a looped system for fire safety and domestic purposes.
e. All minor collectors and cul-de-sacs shall have a minimum pipe size loop of 8-inches. A 12-inch water main loop is required in Santa Cruz Blvd., Shasta Way and Palm Parkway.
f. Fire flow conditions shall be approved by the Fire Chief. g. Mainline valves shall be installed on each hydrant pipe, at each intersection, and at a spacing not to exceed 500 feet. Valve locations shall be capable of isolating various pipe runs without shutting down the system.
h. A meter, meter box, and service shall be installed to each lot per City Standard Drawing W-1. Developer shall obtain meter type, size and service requirements from the City Public Works Department and/or City Engineer.
i. All fire hydrants shall be installed per City Standard Drawing W-2.

Page 32 of 40 ends

j. Fire hydrants locations shall be approved by the Fire Chief and shall be spaced at 300 feet on center. Curb face shall be painted red for 16 feet on each side of the hydrant. A blue pavement marker shall be located at each hydrant per the Fire Chiefs requirements.
k. A fee for reimbursement of improvements in Washington Avenue for street and water main improvements will be due and payable at time of final map recordation.

35.Sewer System
a. Sanitary sewer lines and appurtenances shall be installed and connections made to the existing system at Myer Street and or Palm Parkway in accordance with the requirements of the City Engineer. b. Manholes shall be installed per City Standard and the spacing shall not exceed 400 feet.
c. All sewer collectors in minor streets shall be minimum 8-inch, except in courts the pipe size may be reduced to 6 inch size.
d. Sewer is limited to serve Tract 05-56 in Myer Street. e. Sewer is limited to serve Tract 05-56 in Palm Parkway - no extensions are required to the west.

36.Stormwater Storage and Drainage
a. There is an existing (privately owned) stormwater basin assigned by the past owner to collect stormwater per a master plan approved by the City. The stormwater basin is to be completed and constructed complete per the City Standards and requirements.
b. The standard conditions are;
(1) Capacity Q=CiA; Q = acre feet; "C" is coefficient based on

0.35 for medium density residential development; "i" = 0.5 feet and "A" is the total area of the land developed by the master plan. The coefficient for run-off of all the commercial property included in the master plan is 0.8.
(2) Basin is required to be deeded to the City of Chowchilla for operation and maintenance.
(3) Side slopes 4:1.

Page 33 of 40 ends

(4) A 10-foot service equipment roadway around the basin inside the fenced area.
(5) 6-foot safety chainlink fence and gate per City Standards. (6) Service roadway to basin required.
(7) Service entrances shall be at Court 4 and 6. The street light shall be relocated to the side of the service road. Road entrance must be adequate in width to enter heavy service equipment (minimum 12-feet). A minimum ten (10) foot
landscaped area on each side of the service entrance
between the fence and back of sidewalk shall be installed.

Landscape shall include trees and shrubs according to a landscape plan approved by the City prior to construction. c. The existing 24-inch storm drain pipe across lots 159 thru 163 and lot 172 will require complete removal or guaranteed that the pipeline is totally crushed in place by the project soils engineer. d. The Chowchilla Water District pipeline will have to be relocated per District requirements. The 12-inch pipeline is to be completely removed or if approved by the soils engineer crushed in place. e. Valley gutters shall be designed per City Standards and shall have a minimum slope of 0.3 feet. Provide details of design elevations.

Minimum is 0.05 feet in across return; 0.20 feet across street and

0.5 feet out across return.
f. Gutter flow shall be limited to 5 cfs; inlet shall be limited to 1 cfs per foot of curb opening.

37.All domestic and irrigation wells (if any), easements and other pipelines located on the property shall be identified and abandoned per City, Madera County and State of California Standards.

38.A Preliminary Soils Report prepared by a Registered Civil Engineer specializing in Geotechnical Engineering shall be prepared and furnished to the City for approval (Subdivision Map Act, Section No. 66490). The report shall include adequate "R-Values" to substantiate the design of the street's pavement section.

39.Owner/Developer shall provide mailboxes per requirements of the US Post Office.

Page 34 of 40 ends

40.Grading Plan
a. A grading and site plan shall be provided for the project. b. Lots shall be graded not less than 1 % per the UBC Appendix Chapter 33, Sub-section 3315.4.
c. Grade separations 12-inches or greater shall be retained with an approved concrete wall. Less than 12-inches may be improved with a 4 by 4 Redwood timbers approved by the City.
d. A note shall be placed on the grading plan requiring the design Civil Engineer to certify that all lots are graded in accordance to the approved grading plan.
e. Block wall fences used for retaining walls shall be designed as a retaining wall and shall be a minimum five (5) feet above lot grades or street grades whichever is less than the required minimum height. f. Lots 22 thru 41 will not be allowed to drain any portion to Shasta Way.

Grade separation shall require a retaining wall and an approved fence. g. Lots 41 thru 61 will not be allowed to drain any portion to Palm Parkway or Santa Cruz Blvd. No storm water will be allowed to drain into the street. A retaining wall and special block wall is required. h. Santa Cruz Blvd., no stormwater from adjoining lots will be allowed into the street.
i. Lots 124 thru 153 and 173 thru 176 will not be allowed to drain onto adjacent property. A grade separation will require a retaining wall and approved fence.
j. Lots 1 thru 5 and 19 thru 124 will not be allowed to drain onto Washington Road. A retaining wall and block wall fence is required.

41.Caution shall be used to plan for PG&E transformers along the streets requiring block wall fences. PG&E will not allow any of the transformers to be located behind the walls.
42,The Owner/Developer shall file for, and comply with the new law for dust preventative during construction. A special application is required prior to start of work. A permit will not be allowed until a complete plan is approved and all permits have been filed with the City.

43.Owner/Contractor must comply with Federal Clean Water Act, Section 402(p) and the Phase II Rule and Regulations under the National Pollutant Discharge Elimination System (NPDES). Since the site grading is one (1) acre or more,

Page 35 of 40 ends

the Owner/Contractor must file a Notice of Intent (NOi) with the State Water Control Board, and submit a Storm Drain Pollution Prevention Plan (SWPPP) to the City of Chowchilla, prior to obtaining a grading permit.

44.The Developer/Owner will be required to pay the following a. A Development Impact Fee per unit as determined by the City. b. Fire Department Development Impact Fee Surcharge for a Ladder Truck, if applicable because of lot size or unit configuration. c. School Districts school impact fee (paid directly to the school district). d. A performance bond, cash or letter of credit.
e. A materials bond, cash or letter of credit.
f. A guarantee bond, cash, or letter of credit for a period of one (1) year after the completion of the improvements.

45. The Developer/Owner will be required to provide insurance for Worker's Compensation, General Liability, and Automobile for the construction period of the project in accordance to the Standard Specifications of the City of Chowchilla.

46. The Developer/Owner will be required to pay all other fees required by the City Ordinance and/or the Subdivision Map Act.

47. All model homes per ordinance must be reviewed and approved by the City.

48. Prior to the issuance of Building Permits, the Owner/Developer shall enter into a power declaration agreement with the City of Chowchilla.

49. Construction hours shall be limited to normal working hours. All construction equipment shall be properly maintained and muffled to avoid nuisances to the surrounding or neighboring properties.
• Weekdays from 7:00 a.m. to 6:00 p.m ..
• Saturday from 8;00 a.m. to 5:00 p.m ..
• Sunday and Holidays - no construction allowed unless authorization is granted by the City Administrator.

50.Air Quality Requirements
a. The developer/builder/or successor in interest shall install EPA-certified "Phase 11" woodstoves or natural-gas fireplaces in those residences that are designed to accommodate wood burning.

Page 36 of 40 ends

b. The developer/builder/or successor in interest shall demonstrate that commercial boilers and residential water heaters installed at the project site comply with the applicable SJVAPCD requirements, which are currently SJVAPCD Rule 4305 and 4902, respectively.
c. The developer/builder/or successor in interest shall demonstrate that natural-gas-fired, fan-type central furnaces installed at the project site comply with applicable SJVAPCD requirements, and if there are no specific SJVAPCD requirements, then the standards set forth in South Coast Air Quality Management District's Rule 1111 shall apply. LowNOx space and water heaters generate approximately 25 to 60 percent less NOx relative to conventional models.
d. The developer/builder/or successor in interest incorporate solar energy features into all residential, commercial and industrial structures, including solar panels and passive solar features where feasible. e. The developer/builder/or successor in interest shall install doublepanned glass in all exterior windows. f. Trees should be carefully selected and located to shade the structures during the hot summer months. This measure should be implemented on the southern and western exposures. Deciduous trees should be considered since they provide shade in the summer and allow sun to reach residences during cold and winter months.
g. The developer/builder/or successor in interest shall install the most energy-efficient, but cost-effective appliances available on the market. h. Construction of buildings should be oriented to maximize passive solar cooling and heating when practicable.
i. Residences shall be designed to include outdoor electrical outlets to allow for the use of electric-powered (rather than gasoline-powered) outdoor appliances and equipment.
j. Commercial and Industrial building structures shall be constructed using high-albedo (reflecting) roofing materials.
k. Installation of an electrical vehicle charging station at each retail commercial location at an accessible location for employees and customers.
l. Installation of secure bicycle racks at commercial and light industrial locations determined by the City of Chowchilla Community Development Department at the Site Plan Review stage of development, if applicable.

Page 37 of 40 ends

m. Installation of weather and tamper proof exterior electrical outlets in landscape areas of commercial and light industrial projects to promote the use of electric powered landscape maintenance equipment. The owners and operators of commercial and industrial uses shall require the use of electric landscape maintenance equipment. The owners and operators of commercial and industrial uses shall minimize the use of "leaf blowers".
n. A minimum of one public transit stop shall be shown on the improvement plan for the Final Map along Santa Cruz Blvd. at a location approved by the City. site plan for development in Segment "A" of the annexation and two public The public transit stops shall provide for the installation of one bus shelter per location acceptable to the City of Chowchilla.
o. SJVAPCD Rule 4692-Commercial Charbroiling shall implemented by all retail store facilities, if applicable.
p. If truck refrigeration units will be utilized, the developer shall provide an alternative source of cooling to allow those units to be completely turned off and require that all diesel engines be shut off while on the premises. If such alternative methods of cooling are not available or infeasible, the applicant shall provide documentation of such infeasibility
q. Residential, commercial, and industrial development are subject to air quality impact fees that may be collected by the SJVAPCD. r. The City shall require that the following dust abatement measures be included in construction contracts awarded at the project site to comply with SJVAPCD Regulation VIII and to reduce construction-related PM10 emissions to a less than significant level. 1) All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized to reduce dust emissions using water, chemical stabilizer/suppressant, or vegetative ground cover;
2) All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized to reduce dust emissions using water or chemical stabilizer/suppressant;
3) Construction shall be restricted or banned on days of high winds (exceeding 30 miles per hour).
4) All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively

Page 38 of 40 ends

controlled to reduce fugitive dust emissions utilizing application of water or presoaking;
5) When materials are transported off-site, all material shall be covered, effectively wetted to limit visible dust emissions, or at least six inches of freeboard space from the top of the container shall be maintained;
6) All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at least once every 24 hours when operations are occurring. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions and the use of blower devices is expressly forbidden.);
7) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.
8) The requirements of SJVAPCD Rule 8041 - Carryout and Trackout shall be strictly adhered to by all contractors working on the construction of the site or in the public right-of-way. s. Given the large size of the proposed project area, dust control measures in addition to those required under Regulation VIII identified above would be warranted. Based on SJVAPCD recommendations, these measures include:

1. The speed of construction vehicles on unpaved roads shall be limited to a maximum of 15 miles per hour; and

2. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent.

3. The developer/builder/or successor in interest shall include the following specifications in construction contracts to reduce ozone precursor emissions generated by construction activities. a. Asphalt paving within the plan area shall comply with the specifications of SJVAPCD Rule 4641, which restricts the use and manufacture of cutback, slow-cure, and
emulsified asphalt paving materials. This rule would
reduce ROG emissions from this construction- related
emissions source.

Page 39 of 40 ends

b. The construction grading plans shall include a statement that work crews will shut off equipment when not in use. c. The construction contract shall specify that heavy-duty construction equipment be diesel powered equipment
certified to meet the recent NOx emissions standards
established for new heavy duty diesel equipment by the
GARB, gasoline-powered heavy-duty equipment fitted
with catalytic converters, or alternative-fueled equipment (e.g., compressed natural gas).
d. Require construction equipment used at the site to be equipped with catalysts/particulate traps t reduce
particulate and NOx emissions. At the time that a
contractor is selected for the project, the contractor shall show that the construction equipment used is equipped
with particulate filters and/or catalysts or provide
documentation why it is infeasible.

51.If cultural, paleonlogical, archeological artifacts are found, all construction shall stop and a registered archeologist must be notified. If human remains are fount, the County Corner must be notified and the provisions specified in Section 15064.5 of the CEQA Guidelines shall be adhered to.

52.The developer/builder/or successor in interest shall notify and obtain and record a right-to-farm statement from new residential homebuyers within 1,000 feet of the edge of the project where agricultural operations may be conducted by adjoining property owners.

53.The owner, developer and/or successors in interest shall be required to retain a qualified biologist who shall conduct a pre-construction survey for Burrowing Owls within 30 days of the on-set of project construction. This survey shall be conducted according to methods described in the Staff Report on Burrowing Owl Mitigation (CDFG 1995).

54.If pre-construction surveys undertaken during the breeding season (February through July) locate active nest burrows within or near construction zones, establish an appropriate construction free setback around these nests until the conclusion of the breeding season. The distance of the setback should be determined by a qualified ornithologist in consultation with the CDFG. At the conclusion of the nesting season these owls may be relocated.

55.If pre-construction surveys undertaken during the non-breeding season (August through January) locate resident owls, these individuals may be relocated to alternative habitat. The relocation of resident owls shall be conducted according to a relocation plan prepared by a qualified biologist in consultation with the California Department of Fish and Game. Passive relocation as described in Draft Report on Burrowing Owl Mitigation shall be

Page 40 of 40 ends

the preferred method of relocation. The plan shall provide for the owl's relocation to nearby lands possessing available nesting habitat.

56.It shall be the responsibility of the owner, developer and/or successors in interest to request annexation to or participate in the formation of a special district or other legal legislative body that has the authority to collect revenue, carryout capital improvements, maintain and operate water recharge facilities for the City of Chowchilla. The project is responsible for its share of 850 acre feet of recharge water per year. Such annexation or formation shall be accomplished prior to the approval of the Final Map.

57. It shall be the responsibility of the owners, developers and/or successors in interest to request annexation to or participate in the formation of a Community Facilities District for the purposes of, among other things, the payment of a fair share of construction costs for the Highway 99/233 interchange and the payment of a fair share of construction costs for wastewater treatment and pipelines. Such annexation or formation shall be accomplished prior to the approval of any Final Map or other entitlement approval within the annexation area.

REPORT TO THE CITY COUNCIL
Item 6.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 26, 2022
AGENDA SECTION: New Business
SUBJECT: Informational Item – Excel Project Management Program (PMP) Update PREPARED BY: Stacy Weaver, Deputy City Clerk / Secretary II ATTACHMENTS: Excel Project Management Program City Council Departmental Spreadsheets

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

Informational item only.

BACKGROUND:

City Council has requested that staff bring back the Project Management Program (PMP) reports on a quarterly basis for follow up and review. Below you will find a quick review of items that are on-going, in progress, or on hold. The last report was brought to the Council on April 26, 2022. Currently there are 24 items in progress, 12 ongoing, 6 projects on hold, and 25 completed items.

City Staff reviewed the city’s agendas, minutes, and memorandums from April 1st to June 30, 2022. Also, staff, reviewed the weekly activities report since April onward to provide updates to items that have been brought before Council. Between April and the end of June there were 10 scheduled Council Meetings.

Out of the 10 Council Meetings three of those were Special Meetings. Staff submitted 32 Consent Items, 5 Public Hearings, 24 New Business Items and 2 Presentation/Workshop items, 6 Closed Session Items and 3 Proclamations to City Council to approve or provide direction between April to June time frame.

Since last PMP update there were 25 completed projects within this time frame. The items are listed below for quick reference.

It was requested to have staff bring back the “Rancho Calera” project to report out on a quarterly basis since the developer is ready to move forward with the project with a new design layout.

In Progress: (Highlighted in Green)

1. Robertson Blvd Beautification Project – Working with Y&H a. Robertson Blvd SR 233 Maintenance Agreement – Contract Signed with Caltrans b. Beautify Chowchilla Volunteer Committee – Mayor’s Volunteer Award to Melissa Esquivel

2. Financial Software – Currently working with Tyler

3. Expansion of Fire Station – Agreement with Diede Construction Company

4. Strategic Planning Workshop was completed and staff is in the process of reviewing.

5. Project Sunset [Auto Zone]

6. Local Roadway Safety Plan (LRSP) Consultant TJKM

7. CFD – Greenhills

8. Oleander Terrace Development

9. Humboldt Storm Drainage & Street Reconstruction Project

10. Transient Ag Use at Airport

11. 2020 CalHOME Application

12. CV2 & CV3 CDBG Coronavirus Aid Small Business Loan Program

13. Rancho Calera – Brought back to a quarterly reporting as developer is ready to move forward

14. Proposition 68 Grant Program Funds.

15. Well Installation – Pheasant Run, LLC

16. Parcel Map No. 21-007

17. City’s LOGO Update

18. Infill – CFD

19. Weed Abatement

20. PD Water Pipe Rehabilitation Project

21. APN 002-250-053 Property for Sale through Charitar Realty

22. 2022 Swim Season

23. Budget FY 2022/2023

24. LLMD No. 90-1
On Going Projects: (Highlighted in Blue)

1. COVID – 19 (All Department)

2. Human Resources
a. Until Filled Positions
i. Police Officer Trainee
b. Continuous Positions
i. Police Officer I & II
ii. CSO/Dispatcher
iii. Transit Driver/Dispatcher

3. High Speed Rail (HSR)

4. Fairmead WWTP Project

5. SR 99 / SR 233 Interchange – Cooperative Agreement No. 06-1724

6. Former Library Building Status

7. Madera County Fire Station – Madera County are currently looking outside City limits.

8. Storm Drainage Improvements - Phase I
a. Kings Ave Storm Drain
b. Sonoma Storm Drainage Improvement

9. Measure N Public Safety Sale Tax Committee Meetings

10. Chowchilla Excel PMP Updates

11. 2021 CDBG Block Grant for Public Works Projects
a. ADA Sidewalk Improvements
b. Kings Ave Storm Drain Project

12. Website Re-Design
Projects on Hold: (Highlighted in Yellow)

1. Ad Hoc Zoning Ordinance Update

2. Lease Financing with Enterprise Fleet Management for PD Vehicles

3. Airport Improvement Plans (AIP) Project List

4. Shipping Container Ordinance Update (Community Development / City Clerk’s Office)

5. Boat Races. Looking into possible future events

6. Ad Hoc – WWTP Committee (We are waiting to see if the state approves the Fairmead Consolidation Project. If yes, then we no longer need this committee Completed Project: (Highlighted in Orange)

1. Quarterly Fee Waiver Report

2. Adopt Military Equipment Use Policy AB 481

3. RDA Quitclaim Deed(s)

4. Council Support Letter – HSR

5. Districting (Elections) Cancelled Lack of Citizen Involvement

6. FTA Section 5311

7. TDA Funds FY 2021/2022

8. Community Engagement Pay Grade M11 Correction

9. Police Chief Amended Employment Agreement

10. Amending Salary Scale to Include Deputy Director of Recreation & Community

11. 2022 Swim Season Job Descriptions and Salary Scale Approval

12. CUP No. 20-0008 Automotive Repair Shop

13. Financial Statement Approval

14. Adopting Final Budget Amendment FY 21/22

15. Master Fee Schedule FY 2022/2023

16. Chowchilla Fair Fireworks – Airport NOTAM

17. July 4th Fireworks @ Fairgrounds

18. Local Hazard Mitigation Plan (LHMP)

19. Security Fencing for Police Department

20. Engineering Services – QK

21. Dodge Building Bricks – Surplus Property Donation

22. SB-1 Road Maintenance & Rehab

23. 2022 CDBG Grant Application

24. Street Sweeping Agreement with Greenhills

25. Mid Valley Disposal Updates – SB 1383
City of Chowchilla Excel PMP
April 1 - June 30, 2022
On Going Council Meeting 11/10/2015 High Speed Rail
Wkly Activities
Report April 24 - April 30, 2022
Attended a monthly High-Speed Rail. Just a check in meeting but we did discuss the Fairmead project and that it will tie into the Community Center project the County is doing which is already moving forward with the bid for engineering and design. They acknowledged the timing and benefit of having the Fairmead project done so the Community Center can tie into the
Wastewater system instead of having to do septic and then tearing it up when the Fairmead project is done. They said they will reach out to the Water Resource Board and try to get the project review and approval expedited.

Wkly Activities
Report May 22 - May 28, 2022
Attended a monthly High Speed Rail Meeting. Just an update and continue to request their help in moving the Fairmead
Consolidation project along with the State Water Resources Control Board.

On Going
On Hold Council Meeting 12/10/2019 AD HOC - WWTP
On Going Council Special Meeting 3/16/2020 (COVID-19) COVID - 19 Wkly Activities
Report March 20 - March 26, 2022
Attended a webinar on the reporting requirements of the ARPA funding we received. The Treasury Department has made
changes and we have the ability to claim a standard revenue loss if we receive less than $10M, which we do. No calculation needed and can be spent on the eligible expense.

Council Meeting 04/12/2022
New Business

6.1 General (Verbal) Update Regarding the State of Emergency and COVID-19; Direction and/or Action (Pruett)
On Going
On Going Council Meeting 07/28/2020 Excel PMP Spreadsheet Council Meeting 04/26/2022
City Administrator PMP Spreadsheet
1 City of Chowchilla Excel PMP
April 1 - June 30, 2022
New Business

6.4 Informational Only - Project Management Program Quarterly Update (Pruett)
On Going
In Progress Council Meeting 11/10/2020 Project Sunset [AutoZone] Wkly Activities
Report April 3 - April 9, 2022 (ComDev)
Staff met with the Project Sunset team to finish up the conditions of approval. Staff drafted the approval letter for Project Sunset.

Staff is working with our outside venders before resubmitting to review.

Wkly Activities
Report
April 10 - April 16, 2022
(Administration)
Had a call with Mike Mullis regarding the site plan review conditions. They did not want to put in storm drain inlets to their property basins and just to swales. We told them that would be OK as long as the swales were designed to hold the amount of water the engineers required and if not, they would need storm drain inlets. They are having a meeting to discuss and will get back to us.

Wkly Activities
Report May 1 - May 14, 2022
Staff was notified by various groups requesting information from staff regarding the AutoZone Distribution Center.

Wkly Activities
Report May 15 - May 22, 2022 (Admin)
DOJ requested information regarding the Auto Zone Project. Staff provided a response letter and we scheduled a meeting for next week to discuss with them.

Wkly Activities
Report May 22 - May 28, 2022
Mark, Myself and legal met with DOJ regarding the Autozone project they inquired about. They basically said they disagree with our determination that the project in ministerial but said they will no hold up the project. Said if we complete our Industrial Specific Plan they would not object to future projects, like this one. If not, more environmental would be required. Staff is working on a quote to complete the plan and will be discussed at our Budget Workshop.

Hamilton - Staff met with the Department of Justice
regarding the Autozone distribution center's environmental review. The conversion went well and ended on a positive note.

Wkly Activities
Report June 19 - June 25, 2022
Staff received and sent the second set of plans for the AutoZone Distribution Center.

In Progress
Complete Council Meeting 04/12/2022 Quarterly Fee Waiver Report 2 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Consent

3.5 Consideration of the Quarterly
Fee Waiver Report (Pruett)
ACTION: Approved Motion by Council Member Ahmed, Seconded by Council Member Smith to approve the Consent Calendar as
Presented. Motion passed unanimously by roll call vote.

Complete Council Meeting 04/12/2022 Military Equipment Use Policey AB 481 Public Hearing

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)
Actions Following Approval: None. Resolution and adopted military equipment use policy will become effective in thirty (30) days.

Motion by Mayor Pro Tem Barragan, Seconded by Council
Member Ahmed to Waive the First Reading of an Ordinance that Adopts a Military Equipment use Policy Pursuant to Assembly Bill 481. Motion passed unanimously by roll call vote.

Council Meeting 04/26/2022
Consent

3.3 Second Reading with Option to Waive the Second Reading of an Ordinance that Adopts a Military Equipment Use Policy Pursuant to Assembly Bill 481 (Attorney) - Resolution and adopted military equipment use policy; and policy 705 of the Chowchilla Police Department Policy Manual.

Action: Adopted by Ordinance No. 509-22. Motion by
Council Member Ahmed, Seconded by Council Member Smith
to Approve the Consent Calendar as Presented. Motion
passed unanimously by roll call vote.

Complete Council Meeting 04/12/2022 RDA Quitclaim Deed
New Business

6.2 Consideration and Adoption of
a City Council Resolution (#27-22)
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)
Action: Approved by Reso #27-22; prepare and record QC
Records. The QuitClaim Deeds will be recorded with County.

Recorded Document No. 2022010362 APN 001-240-007;
Recorded Document Np/ 2022010365 001-240-010; Recorded
Document No. 2022010364 001-240-014; Recorded Document
2022010363 001-240-003.

Motion by Mayor Pro Tem Barragan, Seconded by Council
Member Smith to Approve Council Resolution No. 27-22,
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. Motion passed unanimously by roll call vote.

Complete Council Meeting 05/10/2022 Council Support Letter - HSR Consent

3.6 Consideration and Approval of
a Letter to Support the Madera
High-Speed Rail Station Project
(Pruett)
Motion by Council Member Palmer, Seconded by Council Member Smith to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

Action Following Approval: The Letter of Support will be mailed to MCTC.

Approved by Rod Pruett 07/20/2022
City Clerk PMP Spreadsheet
3 City of Chowchilla Excel PMP
April 1 - June 30, 2022
On Going Council Meeting 12/08/2015 Human Resources
18-Jul-22 CalOpps Until Filled - Police Officer Trainee Continuous - Specialized Service Maintenance P/T
Continuous - Transit Driver / Dispatcher
Continuous - CSO/Disptacher
Continuous - Police Officer I/II
Updated as Needed On Going
On Going Council Meeting 7/24/2018 Measure N - Public Safety Sales Tax Measure N Meeting 05/02/2022
Consent

1.1 Approval of the July 29, 2021 Measure N. Public Safety Transaction & Use Tax Citizen's Oversight Committee Meeting Minutes (McClendon)
New Business

2.1 Mid-Year Review of the Measure N 2021/2022 Fiscal Year Budget (Pruett)
New Business

2.2 Measure N Public Safety Transaction and Use Tax Citizen's Oversight Committee Chair and Vice Chair Election (McClendon) Council Meeting 05/10/2022
New Business

6.5 Consideration and Adoption of a City Council Resolution Approving Budget Amendments for Measure N (Williams)
Motion by Council Member Ahmed, Seconded by Council
Member Palmer to Approve City Council Resolution #39-22, Approving Budget Amendments for FY 2021-2022 Measure N.

Motion passed unanimously by roll call vote. Action
Following Approval: The Finance Director or designated staff will post the adjusted budget into the City's Financial system.

Wkly Activities
Report May 8 - May 14, 2022
Attended a budget meeting for Measure N with Kerri, Fred, Dave & Jeff. With new sales tax projections being higher than before there is more we can do this year and the remaining years.

On Going
On Hold Council Meeting 8/27/2019 Town Hall - Shipping Containers Status Update
4 City of Chowchilla Excel PMP
April 1 - June 30, 2022
On Going STATE OF EMERGENCY COVID-19
Council Meeting 04/12/2022
Consent

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
ACTION: Approved by RESO No. 23-22. Motion by Council
Member Ahmed, Seconded by Council Member Smith to
approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

Council Meeting 05/10/22022
Consent 3.5 Consideration and Adoption of a City Council Resolution (#33- 22) Authorizing Continued use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953)
McClendon. Motion passed by Council Member Palmer, Seconded by Council Member Smith to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

Action 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 Meeting 05/24/2022
Consent 3.5 Consideration and Adoption of a City Council Resolution Authorizing Continued use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) McClendon
Council Meeting 06/14/2022
Consent 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
Motion by Council Member Ahmed, Seconded by Council
Member Palmer to Approve the Consent Calendar as
Presented. Motion passed by roll call vote with Council Member Smith Absent.

On Going
Cancelled Council Meeting 01/26/2021 Districting (Elections) Cancelled Not Enough Public Interest to Move Forward
Completed Council Meeting 03/08/2022 Section 5311 & HR Community Engagement M11 5 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Consent

3.5 Consideration and Adoption of
a City Council Resolution
Authorizing Staff to Apply for
Federal Funding Under FTA Section
5311 and Authorizing the City
Administrator or Designee to sign
the required FY 2022 certifications
and assurances for Federal
Transportation Assistance (FTA)
Section 5311 Programs, Projects
and Grants. (McClendon)
Motion by Council Member Palmer, Seconded by Council Member Smith to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote. Action: Approved by Resolution No. 17-22.

Upload the signed Documents to BlackCat System.

New Business

6.1 Consideration and Adoption of
a City Council Resolution Amending
the Salary Scale of the Director of
Recreation and Community
Engagement to the Correct Pay
Grade of M11, and Eliminate the
Community Relations Manager
Classification (McClendon)
Motion by Council Member Palmer, Seconded by Mayor Pro Tem Barragan to approve City Council Resolution No. 18-22, Amending the Salary Scale of the Director of Recreation and Community Engagement to the Correct Pay Grade of M11, and Eliminate the Community Relations Manager Classification. Motion Passed unanimously by roll call vote.

Staff to update the Salary Scale
Completed Council Meeting 04/12/2022 TDA Funds FY 2021/2022 Consent 3.6 Consideration and Adoption of
a City Council Resolution (#24-22)
Approving Amended Application 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
Transportation Commission
(McClendon)
Action: Approved by Reso #24-22. Upon signatures, City Clerk to return documents to Sherri Dueker in Finance.

Motion by Council Member Ahmed, Seconded by Council
Member Smith to approve the Consent Calendar as
Presented. Motion passed unanimously by roll call vote. 6 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Completed Council Meeting 04/12/2022 HR Chief of Police Agreement & Amending Salary Scale to include Deputy Director of Recreation & Community
New Business 6.1 Consideration and Adoption of
a City Council Resolution (#26-22)
Approving a Second Amendment of
the Employment Agreement
Between the Police Chief and the
City of Chowchilla, Extending the
Term Date to January 7, 2023
(Attorney)
Action: Approved by Reso #26-22. Motion by Council Member Ahmed, Seconded by Council Member Smith to Approve Council Resolution #26-22,
Approving a Second Amendment of the Employment
Agreement Between the Police Chief and the City of
Chowchilla, Extending the Term to January 13, 2023. Motion passed by roll call vote with Council Member Palmer
abstaining.

New Business 6.3 Consideration and Adoption of
a City Council Resolution (#28-22)
Amending the City of Chowchilla
Salary Scale to Include an
Additional Job Classification of
Deputy Director of Recreation and
Community Engagement (Pruett)
Action: Approved by Reso #28-22; update the salary scale. Motion by Mayor Chavez, Seconded by Council Member Ahmed to Approve Council Resolution #28-22, Amending the City of Chowchilla Salary Scale to Include an Additional Job Classification of Deputy Director of Recreation and
Community Engagement. Motion passed by roll call vote
with Council member Smith voting no.

Council Meeting 05/24/2022 2022 Swim Season
Wkly Activities
Report May 15 - May 21, 2022
Staff continued to work to get the pool open this summer for community use - Will have 2 items on the 5/24/2022 agenda.

New Business

6.2 Consideration and Adoption of
A Resolution Amending the
2021/2022 Salary Scale to Include
the Seasonal Lifeguard I & II and
Pool Supervisor Classifications
(McClendon)
Motion by Council Member Smith, Seconded by Council Member Palmer to approve City Council Resolution No. 43-22, Amending the 2021/2022 Salary Scale to include the Seasonal Lifeguard I & II and Pool Supervisor Classifications. Motion passed unanimously by roll call vote.

Actions Following Approval: Update the salary scale and begin recruitment immediately.

Wkly Activities
Report June 5 - June 11, 2022
Administration (Community Pool program is still being worked on and we are hoping to have it open this summer in July. Had a couple of meetings with staff and the high school. Waiting for applications on Lifeguards and Pool Supervisor. Still hoping to get it open in July.

Approved by Joann McClendon 07/20/2022
On Hold Council Meeting 10/10/2017 On Hold - AD HOC Zoning Ordinance Community Development PMP Spreadsheet
7 City of Chowchilla Excel PMP
April 1 - June 30, 2022
New Business

6.1 Consideration of Creating a
Zoning Subdivision Ordinance
Update Ad Hoc Committee,
Appointing two members of the
City Council to that Committee.

Motion by Council Member Barragan, Seconded by Council
Member Ahmed to pull the item. Motion passed unanimously by roll call vote.

Action: Item pulled form the agenda (on-hold)

ON HOLD
On Hold Council Special Meeting 8/12/2019 Shipping Containers - Ordinance Update In Progress City Council Meeting 04/13/2021 Oleander Terrace Wkly Activities
Report April 3 - April 9, 2022
Staff received the Parcel Map regarding Oleander Terrace. Staff began inserting the new parcel information into the building permits.

Wkly Activities
Report April 10 - April 16, 2022
Staff was informed by Oleander Terrace has 6 homes in escrow (Pre-Sale)
Wkly Activities
Report April 24 - April 30, 2022
With Oleander Terrace Subdivision continuing to install various improvements, it is anticipated an additional 4-5 new SFT units will start on a monthly basis beginning in the summer and continuing into the fall of this year.

Wkly Activities
Report May 29 - June 4, 2022 (Admin)
Mark is working on getting the Services only CFD formed which would include Oleander Terrace. Property owners needs to be willing to join the CFD.

Staff was informed that all the dirt moving equipment was removed from the Oleander Terrace Subdivision. Staff
continues to reach out to the developer seeking progress.

Wkly Activities
Report June 5 - June 11, 2022
Staff spoke with builder working on Oleander Terrance
Subdivision this past week regarding the project. Staff was informed they had stopped work to allow them to bring in equipment more capable of working with the dirt at this location.

Wkly Activities
Report June 12 - June 18, 2022
Staff worked continues to work on addressing outlying issues regarding the Oleander Terrace Subdivision. This week CWD was inquiring about outstanding improvements and community
members continue to call asking questions.

Wkly Activities
Report June 19 - June 25, 2022
Staff drafted the Administrative Report regarding the Community Facilities District for services for the Oleander Terrace Subdivision.
8 City of Chowchilla Excel PMP
April 1 - June 30, 2022
In Progress
Completed Council Meeting 06/29/2021 CUP NO. 20-0008
Council Meeting 04/12/2022
Deferred
Business

5.1 Consideration and Adoption of a City Council Resolution (#25-22) 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 Action following Approval: Staff will update the project file with the executed resolution noting the project has been revoked.

Motion by Council Member Smith, Seconded by Council Member Palmer to Approve Council Resolution #25-22, 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). Motion passed unanimously by roll call vote.

Completed
In Progress Council Meeting 08/10/2021 2020 CalHOME Application In Progress
In Progress Council Meeting 09/14/2021 CV2 & CV3
In Progress
In Progress Planning Commission Meeting 03/30/2011 Rancho Calera Wkly Activities
Report June 5 - June 11, 2022 (Admin)
Rancho Calera inquired about the refunding of the CFD and that they have had some talks with builders and the CFD comes up.

Told them we just completed the DIF study and we previously completed the Fiscal Impact Analysis so we are ready now to move forward with the refunding discussions with NBS.

Staff received and forward comments regarding Parcel No. 4 of the Rancho Calera Development. Once it is determined no additional comments are needed, staff will schedule the item for a Planning Commission meeting.

Wkly Activities
Report June 19 - June 25, 2022 (Admin)
Met with Staff and Rancho Calera team to discuss the Block 4 Tentative Map.

Public Works - Attended meeting with Rancho Calera
developers to discuss proposed Block 4 design.

Council Meeting 06/28/2022
9 City of Chowchilla Excel PMP
April 1 - June 30, 2022
New Business

6.3 Consideration and Adoption of a City Council Resolution No. 51-22. Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein Community Facilities District No. 2022-1 (Public Safety, Maintenance & Service) Hamilton
Motion by Council Member Smith, Seconded by Mayor
Chavez to Approve City Council Resolution No. 51-22,
Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services). Motion passed with Council
Member Voting no. Actions following approval: The
formation of the CFD will occur only if, following a public hearing on the matter to occur at the August 9, 2022, City Council meeting, the owner of the parcels to be initially included in the CFD votes in favor of the formation of the CFD.

In Progress
In Progress Council Meeting 01/25/2022 Parcel Map No. 21-007 In Progress
In Progress Council Meeting 05/10/2022 - JNT RDA APN 002-250-053 New Business

6.6 Consideration and Approval to
Authorize the Executive Director of
the Chowchilla Redevelopment
Successor Agency to Sign the Listing
Agreement for APN 002-250-053
with Charitar Realty and Listing the
Property Purchase (Hamilton)
Motion by Vice Chair Barragan, Seconded by Board Member Smith to Authorize the Executive Director of the Chowchilla Redevelopment Successor Agency to Sign the List Agreement for APN 002-250-053 with Charitar Realty and Listing the Property for Purchase. Motion passed unanimously by roll call vote.

Actions Following Approval: Provided the Successor Agency Authorizes the Executive Director to sign the listing
agreement and lists the property for sale; these would be the next steps required to complete the transaction: City Staff presents the received offers to the Successor Agency for recommendation to the Oversight Board. City Staff presents the recommendations from the Successor Agency to the
Oversight Board. The Oversight Board selects a preferred buyer and an alternate. The City enters into escrow with the preferred buyer.

In Progress Council Meeting 2/25/2020 Strategic Planning Workshop In Progress
On Going COVID -19 COVID-19
On - Going
In Progress Council Meeting 08/10/2021 CITY'S LOGO
Community Engagement PMP Spreadsheet
10 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Wkly Activities
Report April 10 - April 16, 2022
Uploaded updated logos to employee City Web with color codes for printers
Presentation wchilla Branding - Direction and/or Ac
Shirt Shack owner, Paige Hill, added that it would be best to have only one consistent logo as her business uses several for the city.

The City Council directed staff to bring back samples of different designs with a red scheme.

In Progress
On Going Council Meeting 10/12/2021 Web Site Re-Design
On - Going
In Progress Council Meeting 05/24/2022 2022 Swim Season Consent

3.6 Consideration and Adoption of a
City Council Resolution Adding
Recreational Swim Admission Fees to
the Master Fee Schedule to Offer a
Community Recreational Program
(Wisener)
Motion by Council Member Smith, Seconded by Council Member Ahmed to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

Wkly Activities
Report May 22 - May 28, 2022 (Admin)
Staff continued to work to get the pool open this summer for community use. We just have the Facility Use Agreement left to complete. It will have to go to both Board/Council's so we hare hoping to have it open by July.

Wisener - Community Recreational Swim Program, Lift Guard positions on CalOpps, Coordination with Legal, Risk Management and CUHS. McClendon - Still working with Staff on getting the Community pool days set for this summer. Waiting for a signed facility use agreement in order to obtain the required certificate of insurance.

Wkly Activities
Report May 29 - June 4, 2022 (Admin)
Community Pool program is still being worked on and we are hoping to have it open this summer in July.

Community Recreational Swim Program, seek lifeguard positions, coordination with legal, Risk Management, and CUHS.

Wkly Activities
Report June 6 - June 11, 2022
Clerks' Office - Coordinated with the RMA and received the required Certificates of Insurance for the use of the swimming pool facility at the High School.

Wkly Activities
Report June 12 - June 18, 2022
Clerks' Office - Received the required Certificate of Insurance from the RMA for the use of the swimming pool facility at the High School.

Coordinated the Lifeguard I/II Interviews set for June 20. There were 5 applicants.

Council Meeting 06/14/2022
11 City of Chowchilla Excel PMP
April 1 - June 30, 2022
New Business

6.2 Consideration and Adoption of a Resolution No. 46-22 to Enter into a Facility Use Agreement with the Chowchilla Union High School District for the Use of the Facility and Swimming pool to Provide a Recreational Swim Program for the Community and Authorizing the City Administrator or Designee to Execute Related Documents Thereto (Wisner)
Motion by Council member Palmer, Seconded by Council member Ahmed to Approve City Council Resolution No. 46-22, to Enter into a Facility Use agreement with the Chowchilla Union High School District for the Use of the Facility and Swimming Pool to Provide a Recreational Swim Program for the Community and Authorizing the City Administrator or Designee to Execute Related Documents Thereto. Motion passed by roll call vote with Council Member Smith absent.

Wkly Activities
Report June 19 - June 25, 2022 (Admin)
Met with Staff and the High School to finalize the pool program - It will be open starting 7/5/2022.

Com Engage: Finalize the Community Recreational Swim Program and set-up, Pool Supervisor Interview, Lifeguard Orientation.

In Progress
Approved By Stacy Wisener 07/19/2022
In Progress Council Meeting 01/12/2021 CFD - GREENHILLS Wkly Activities
Report March 27 - April 2, 2022 (Admin)
We received the draft Storm Drain DIF and need to schedule a call to go over. This is the last area. We will be bringing to Council for review/approval in May. We need to do a 30 advanced notice prior to the adoption hearing. Also need to adopt prior to July 1.

We received an agreement from NBS to create the services only CFD that would include the Oleander project and have sent to legal for review.

Wkly Activities
Report April 3 - April 16, 2022
Continued to finalize the DIF portion of this and will have something to Council in May.

Wkly Activities
Report April 17 - April 23, 2022 (Admin)
Legal approved the CFD services only formation agreement with NBS and we will be moving forward.

Wkly Activities
Report May 15 - June 4, 2022 (Admin)
We have the Development Impact Fee Study on our website and at City Hall for Public Access. It will be on the 6/14 agenda for approval. Needs to be approved before July 1.

Council Meeting 06/14/2022
Finance Department PMP Spreadsheet
12 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Public Hearing

4.1 Consideration to Adopt the Development Impact Fess Study and Implementation per Chowchilla Municipal Code Section 17.76 - Development Impact Fees (Hamilton)
It was the direction of the City Council to adopt the
Development Impact Fee Study, form and ad hoc committee with Council Member Ahmed and Palmer appointed to go
over the numbers, with Council Member Smith absent.

In Progress
In Progress Council Meeting 04/09/2019 Financial Software Tyler Wkly Activities
Report March 27 - June 18, 2022
Still trying to finalize final modules - Payroll, ComDev, Utilities & Fixed Assets
Wkly Activities
Report June 19 - June 25, 2022 (Admin)
Worked with Finance and Tyler team to try to get a resolution for the Community Development and Business license modules. We are having issues with implementation.

In Progress
Council Meeting 01/11/2022 Infill - CFD
Wkly Activities
Report May 1 - May 7, 2022 (Admin)
Worked with NBS on getting a final draft for the Development Impact Fee Study
Wkly Activities
Report May 8 - May 14, 2022 (Admin)
Continued to work with NBS on getting a final draft for the Development Impact Fee study. Requires a 30-day public notice which was put in the 5/14 newspaper. The report is available on our website and a hard copy is at City Hall. Well be on the 6/14 Council Meeting.

Wkly Activities
Report June 19 - June 25, 2022 (Admin)
Set up an Ad Hoc meeting for next week to discuss the DIF Study.

In Progress
Completed Council Meeting 04/12/2022 Financial Statement Approval Consent 3.7 Consideration of the February
2022 Financial Statements
(Williams)
Action: Approved. Actions Following Approval: None Motion by Council Member Ahmed, Seconded by Council Member Smith to approve the Consent Calendar as
Presented. Motion passed unanimously by roll call vote.

Completed Council Meeting 04/26/2022. Adopting Final Budget Amendment FY 21/22 13 City of Chowchilla Excel PMP
April 1 - June 30, 2022
New Business 6.1 Consideration and Adoption of
a City Council Resolution (29-22)
Approving Final Budget
Amendments for Fiscal Year
2021/2022 (Williams)
Action: Approved by Resolution No. 29-22. The Finance Director or designated staff will post Exhibit A into the City's Financial system.

Motion by Council Member Smith, Seconded by Council
Member Palmer to Approve City Council Resolution #29-22, Approving Final Budget Amendments for Fiscal 2021/2022.

Motion passed unanimously by roll call vote.

In Progress Council Meeting 05/16/2022 FY Budget 2022/2023 Town Hall
This is a listening session in which
residents can share their ideas and
priorities for future spending in the
2022/2023 fiscal year budget
Goal Setting 1.1 Discussion Regarding Fiscal Year
2022/2023 Goals and Priorities to
Wkly Activities
Report May 22 - May 28, 2022 (Admin)
We will have a Special Meeting on June 8 for the Budget Workshop.

Williams- Working on next year's budget.

New Business

1.1 City of Chowchilla 2022/23 Fiscal Year Budget Workshop (Williams)
Finance Director Williams went through the PowerPoint
presentation that was included in the agenda packet and answered question from Council and public.

Council Meeting 06/28/2022
New Business 6.4 Consideration and Adoption of Resolutions Adopting the 2022/23 Fiscal Year Annual Budgets for:

Actions following approval: Upon signatures, City Clerk to return documents to Kerri Williams-Finance Director.
a.) City Operating and Capital Budget: Motion by Council Member Smith, Seconded by Mayor Pro Tem Barragan to Approve City Council Resolution No. 51-22, Adopting the Budget for the City of Chowchilla for Fiscal Year July 1, 2022 Through June 30, 2023. Motion Passed
Unanimously by roll call vote.
b.) Redevelopment Successor Agency Budget: Motion by Chair Chavez, Seconded by Board member Palmer to Approve Redevelopment Successor Agency Resolution No. 03-22, Adopting the Operating Budget for Fiscal Year
2022/2023. Motion passed unanimously by roll call vote.

Budget Workshop - Special Meeting 06/08/2022
14 City of Chowchilla Excel PMP
April 1 - June 30, 2022
c.) Public Financing Authority Budget: Motion by Board Member Palmer, Seconded by Board Member Smith to Approve Public Financing Authority
Resolution No. 01-22, Adopting the Chowchilla Public
Financing Authority Budget for Fiscal Year 2023/2023.

Motion passed unanimously by roll call vote.
d.) Gann Appropriation Limits; and Motion by Council Member Smith, Seconded by Council Member Palmer to Approve City Council Resolution No. 53- 22, Establishing the Appropriation Limit for Fiscal Year 2022/2023. Motion passed unanimously by roll call vote. e.) Amending the Salary Scale (Williams) Action: Item removed from the agenda - Motion by Council Member Smith, Seconded by Mayor Pro Tem Barragan to Pull this item from the Agenda. Motion passed unanimously by roll call vote.

In Progress
Completed Council Meeting 06/28/2022 Master Fee Scheduled FY 2022/2023 Public Hearing

4.1 Consideration and Adoption of
a City Council Resolution (48-22)
Approving the 2022/2023 Master
Fee Schedule Annual Update
(Williams)
Motion by Council Member Palmer, Seconded by Council Member Smith to Approve City Council Resolution No. 48-22, Approving the 2022/2023 Master Fee Schedule Annual Update. Motion Passed unanimously by roll call vote.

Action: Approved by Council Resolution No. 48-22. City Staff will post the new Fee Schedule on the City Website Effective 07/01/2022.

On Going Council Meeting 6/27/2017 Madera County Fire Station On Going
In Progress Council Meeting 2/25/2020 Fire Department Expansion In Progress
In Progress Council Meeting 02/22/2022 Weed Abatement
Council Meeting 06/14/2022
Fire Department PMP Spreadsheet
15 City of Chowchilla Excel PMP
April 1 - June 30, 2022
New Business

6.1 Consideration and Adoption of a City Council Resolution No. 45-22 Accepting a Proposal in the Amount of $20,300.00 from Bee's Lawn Service to Abate Non-Compliant Properties in the City and Authorize the City Administrator to Execute Necessary Documents Thereto (2022 Weed Abatement Program) Gaumnitz Motion by Council Member Ahmed, Seconded by Mayor Pro
Tem Barragan to Adopt City Council Resolution No 45-22, Accepting a Proposal in the Amount of $20,300.00 from Bee's Lawn Service to Abate Non-Compliant Properties in the City and Authorize the City Administrator to Execute Necessary Documents Thereto (2022 Weed Abatement Program)
motion passed with Council Member Smith absent.

In Progress
Completed Council Meeting 05/18/2022 Chowchilla Fair Fireworks New Business

1.1 Consideration and Approval of An
Aerial Firework Display at the
Chowchilla Municipal Airport on May
21, 2022 for the Chowchilla-Madera
County Fair Spring Festival and
Authorizing the Fire Chief to Approve
and Sign all Related Documents
Thereto (Gaumnitz)
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Smith to Approving an Aerial Fireworks Display at the Chowchilla Municipal Airport on May 21, 2022 for the Chowchilla-Madera County Fair Spring Festival and Authorizing the Fire Chief to Approve and Sign all Related Documents Thereto. Motion passed by roll call vote with Mayor Chavez Absent
Action Following Approval: Verify receipt of City application, State Application, and insurance certificates. Public Works (as airport manager) to post NOTAM for airport, notifying of aerial fireworks.

Completed Council Meeting 05/24/2022 July 4th Fireworks @ Fairgrounds Consent

3.7 Consideration and Approval of an
Aerial Fireworks Display for July 9,
2022 at the Chowchilla Fairgrounds
and Authorize the Fire Chief to
Approve Necessary Documents
Thereto (State and Local Permits)
Gaumnitz
Motion by Council Member Smith, Seconded by Council Member Ahmed to Approve the Consent Calendar as presented. Motion passed unanimously by roll call vote.

Completed Council Meeting 06/28/2022 LHMP
Consent

3.4 Consideration to Approve a Letter
of Intent to Participate in the Madera
County Multi-Jurisdictional Local
Hazard Mitigation Plan (LHMP)
Gaumnitz.

Motion by Council Member Smith, Seconded by Council Member Palmer to Approve the consent calendar as presented. Motion passed unanimously by roll call vote.

Action: Approved. Action following approval: Direction to City Clerk to send attached letter to Madera County OES confirming the City's intent. If awarded provide in kind City staff time to equal or exceed $12, 778.80. It awarded, City staff time to be monitored and documented by Police Chief and Fire Chief.

Police Department PMP Spreadsheet
16 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Completed Council Meeting 09/08/2020 Security Fencing
Wkly Activities
Report
May 15 - May 21, 2022 (Public
Works)
Project is substantially complete with minor punch list items to complete. PD able to move vehicles within the fenced area and use the facility as intended.

Wkly Activities
Report
June 6 - June 11, 2022 (Public
Works)
PD Security Fence Project - Met with PD, IT, and contractor to go over the remaining punch list items. Items are scheduled to be completed in a week according to their schedule they presented.

Status Update 07/19/2022
The fence is completed. Just public work is working out final details for payment with contractor. Ribbon Cutting coming soon.

Completed
Approved by D.Riviere 07/19/2022
On Going Council Meeting 3/28/2017 (SR 99/233 Interchange) ACTIONS FOLLOWING APPROVAL: Implement the direction of the City Council.

Wkly Activities
Report April 9 - April 16, 2022 (Admin)
Have a meeting scheduled for next week with Caltrans to discuss the roundabout project. They will be providing a cost estimate to complete to environmental and 30% design.

Public Work: Attended meeting with MCTC to discuss
upcoming meeting with CTC to discuss future State Local Partnership Program (LPP) Funding and the potential to use it for the roundabouts project.

Wkly Activities
Report April 17 - April 23, 2022 (Admin)
Had a meeting with Jason and Caltrans. They provided a cost estimate to complete the environmental part of the roundabout.

It was a little more than the remaining amount on the Task Orders with our consultants but staff believes it will be the most effective and efficient use of our time and money to let them complete it.

Public Works: Attended meeting with Caltrans District 6 and MCTC staff to discuss the roundabouts project. They
provided a quote to complete the remaining tasks of the environmental documents and design. The cost presented is fairly in line with the amount remaining from our consultants.

Staff will present to Council for discussion at the May 10th meeting. Worked on developing presentation of the
Roundabouts project for upcoming meeting with CTC to
discuss future State Local Partnership Program (LPP) funding.

Public Works Department PMP Spreadsheet
17 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Wkly Activities
Report April 24 - April 30, 2022
Attended meeting with the CTC, MCTC and Caltrans District 6.

Provided a presentation to CTC on the roundabouts project in order to see if it is an eligible project for state local partnership project funds for the funding gap and receive feedback. They liked the presentation and think it will score well and recommended that when we apply, we apply for the full project build out.

Council Meeting 05/10/2022
New Business

6.4 Consideration and Adoption of a City Council Resolution Cancelling Task Orders with Yamabe and Horn and QK for
Completing the Environmental Documentation Required for the State Route (SR) 99/233 Interchange Project and Transferring Back to Madera County Transportation Commission (MCTC) and Caltrans District 6 for Completion; and
Motion by Council Member Palmer, Seconded by Council
Member Smith to Approve City Council Resolution #37-22, Approving the Canceling Task Orders with Yamabe and Horn and QK for Completing the Environmental Documentation
Required for the State Route (SR) 99/SR 233 Interchange Project and Transferring Back to Madera County
transportation Commission (MCTC) and Caltrans District 6 for Completion. Motion passed with Mayor John Chavez voting No. Actions Following Approval: Notify QK and Yamabe and Horn that their task orders are cancelled. Notify Caltrans District 6 and MCTC to move forward with completing the EIR documents for the SR 99/233 Interchange Project.

New Business
b.) Consideration and Adoption of a City Council Resolution Reaffirming Support of the Development and Construction of the State Route 99/233 Interchange Project (Rogers)
Motion by Council Member Palmer, Seconded by Council
Member Smith to Approve City Council Resolution #38-22, Reaffirming Support of the Development and Construction of the SR 99/233 Interchange Project. Motion passed with
Mayor John Chavez voting no.

Wkly Activities
Report May 15 - May 21, 2022 (Admin)
Attended a meeting with staff and Caltrans regarding the roundabout. They went over the proposed schedule and what information they needed from our consultants.

Public Works - Attended meeting with Caltrans and MCTC to discuss the Roundabouts project. Caltrans will now complete the environmental documents with MCTC and is working on a Cooperative Agreement. All work completed by the City's consultants will be turned over to Caltrans. Estimated
completion date is July 2023.

Wkly Activities
Report June 12 - June 18, 2022
Attended meeting with Caltrans District 6 to discuss the environmental documents and any additional information
request related to the Roundabout Project. Caltrans staff has the information they need and has started work on completing the documents.

Note: This project is now with Caltrans District 6 and MCTC. On Going 18 City of Chowchilla Excel PMP
April 1 - June 30, 2022
On Going Council Meeting 6/27/2017 (Former Library) Structural Evaluation - Advanced Structural Design waiting for report
Wkly Activities
Report March 27 - April 2, 2022
Attended meeting with our consultant, ASDI, to discuss the initial draft report on the former library. Based on their observations and subsequent review, the structure, in its current configuration, does not appear to meet a current building standard, and thus should not be considered safe for occupancy by the public. They will now use the report to put together some rough estimates which may allow the structure to remain.

Wkly Activities
Report May 1 - May 7, 2022
Working with consultant to complete the draft analysis of the former library. Staff plans on brining to Council at the 5/24/22 Council Meeting.

Council Meeting 05/24/2022
Deferred
Business

5.1 Discussion and Direction Regarding the Former County Library and Future Use of the Facility (Rogers)
The City Council directed staff to research if the City pursues State historical recognition of the facility, and the City can't afford whether the upkeep or repair of the facility, what would be the process to then demolish the facility and what is the estimated cost in doing so.

On Going
On-Going 6/06/2016 (Fairmead WWTP Project)
Wkly Activities
Report April 10 - April 16, 2022
Submitted revised final reimbursement request to State Water Resources Control Board (SWRCB) regarding the Fairmead Sewer Consolidation Study. The state requested additional clarifying documentation regarding JCI's costs associated with the project.

Wkly Activities
Report May 22 - May 29, 2022
Submitted additional documentation for the Fairmead
Consolidation Project funding application as requested by the State. Per the State, review of the City's construction application is on-going. They recently initiated Credit Review, hence the reason why the additional financial documents were requested.

The technical review is ongoing. The credit and technical reviews will take at least another 3 months before they can start routing the application for an agreement. The State rep estimates a draft agreement by the end of they year.
19 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Wkly Activities
Report May 29 - June 4, 2022 (Admin)
Provided financial information to the State Water Resources Control Board for their review of the Fairmead Consolidation Project. Staff continues to try and push them to expedite the review process.

Public Works - Completed review of Leadership Counsel for Justice and Accountability's Right of Entry request letter for the Fairmead Sewer Consolidation Project. These letters will need to be completed by the Fairmead residents prior to a grant being issued for the project. Leadership Counsel and Self Help Enterprises will work with Fairmead to get signed.

On Going
In Progress Council Meeting 01/22/2019 (Robertson Blvd Beautification Project) Contract Signed Wkly Activities
Report March 27 - April 2, 2022 (Admin)
The palm trees on Robertson Blvd have begun to be trimmed.

Caltrans pays for this under our reimbursement agreement.

Public Works: West Coast Arborist - Met with WCA as they have finished trimming the short palm trees on Robertson Blvd. They will come bake to trim the taller trees when their taller booms become available.

Wkly Activities
Report April 10 - April 16, 2022
Attended the Cornerstone/Beautify Chowchilla three-day
volunteer event. Painted skate park, dead board ends, curb and wrought iron fence along Robertson Blvd.

Wkly Activities
Report May 29 - June 4, 2022
Received draft agreement from Caltrans District 6 for the Clean CA Median Beautification Project. Completed initial review and sent comments to legal counsel for review and comment.

In Progress
On Going Council Meeting 01/22/2019 (Storm Drainage Improvements) Wkly Activities
Report April 24 - April 30, 2022
Worked with the State Water Resources Control Board on developing the funding agreement for the Prop 2 funded Sonoma Ave drainage project. Staff has been pushing the state to get the agreement completed so that we can move into full design and construction.

Wkly Activities
Report May 1 - May 7
Worked with the State Water Resources Control Board on developing the funding agreement for the Prop 2 funded Sonoma Ave drainage project. Completed and submitted updated project timeline as requested by the State for incorporation into the agreement. 20 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Wkly Activities
Report May 15 - May 21, 2022
Attended meeting with CA Dept. of Fish and Wildlife for the Chowchilla Humboldt Street Improvement Project to discuss the NEPA environmental mitigation measures for the Swainson's Hawk.

Swainson's hawk nest surveys will be required through the summer to ensure that no nests are disturbed.

On Going
On Hold Council Meeting 4/23/2019 FLEET
In Progress Council Meeting 11/12/2019 68 Proposition
In Progress
On Hold Council Meeting 11/12/2019 AIP Project List
Wkly Activities
Report May 8 - May 14, 2022
Attended meeting with airport engineers to go over potential future projects and potential funding.

On Hold
On Hold Council Meeting 1/14/2020 (Boat Races) Possible Summer Season Completed Council Meeting 08/25/2020 Mid Valley Disposal Update Wkly Activities
Report
April 3 - April 9, 2022
(Administration)
Received legal opinion on the proposed Mid Valley contract that will address SB 1383 implementations. They agree that we can switch to a Franchise Fee model that will include roll-offs and not have to do a Prop 218. Roll-offs are currently not included in the Prop 218 study and is charged directly to the customer by Mid Valley.

Wkly Activities
Report
April 10 - April 16, 2022
(Administration)
Scheduled a meeting next week with Mid Valley to go over the revised agreement. Will be bringing to Council in May for approval.

Public Works: Annual Curbside Event - meet with MidValley staff to get route maps and to discuss the issues in the past.

Also meet with the truck driver to spot the trailers for the mattresses.

Wkly Activities
Report
April 17 - April 23, 2022
(Administration)
Had a meeting with Mid Valley. Finalized the contract
amendment and changed to a Franchise Fee model that will include the roll offs. Will be brining to Council in May for approval.

Public Works: Attended meeting with Mid Valley Disposal to discuss the proposed draft successor agreement that will cover SB 1383. Staff expected to present to Council at the 5/10/2022 meeting.

Council Meeting 05/10/2022
21 City of Chowchilla Excel PMP
April 1 - June 30, 2022
New Business

6.1 Consideration and Adoption of a Successor Agreement with Mid Valley Disposal to Provide Additional Services Related to Organic Waste Hauling and Bin Service Rates and Authorizing the City Administrator to Sign the Agreement (Rogers)
Motion by Council Member Palmer, Seconded by Mayor
Chavez, Approving a Successor Agreement with Mid-Valley Disposal to Provide Additional Services Related to Organic Waste Hauling and Bin Services as Amended with the
appropriate changes to the date to reflect the correct year [2022], and Authorizing the City Administrator to Sign the Agreement. Motion passed unanimously by roll call vote.

Actions Following Approval: Successor agreement is signed by both parties.

Wkly Activities
Report May 15 - May 21, 2022
Attended annual solid waste program review with CalRecycle.

The City currently has several businesses that are non-compliant with AB 341 (Mandatory Commercial Recycling) and AB 1826 (Mandatory Commercial Organics Recycling). CalRecycle is mandating that the City bring these businesses into compliance within 6 weeks. Staff will work with Mid Valley Disposal to complete.

Wkly Activities
Report May 22 - May 28, 2022
Follow up meeting with Mid Valley Disposal to discuss and finalize game plan to obtain full compliance to AB341 & AB1826.

Wkly Activities
Report June 6 - June 18, 2022
Received and began reviewing self-haul waivers for approval from several businesses regarding SB 1383 requirements for organics recycling.

Wkly Activities
Report June 19 - June 25, 2022
Continued receiving and reviewing self-haul waivers for approval from several businesses regarding SB 1383 requirements for organics recycling.

Note: This is completed now. Council approved the successor agreement. Now it is just compliance with state regulations from here on out.

Completed
In Progress Council Meeting 10/27/2020 Local Roadway Safety Plan Wkly Activities
Report April 24 - April 30, 2022
Responded to information request from Consultant developing the Local Road Safety Plan in order to finalize the draft plan.

In Progress
On Going Council Meeting 03/09/2021
Submitted CDBG Funding Application Waiting Response
[Kings Ave Storm Drain Project & ADA Sidewalk
Improvement Project]
22 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Wkly Activities
Report April 17 - April 23, 2022
Informed by HCD that has conditionally awarded your PTA ADA Sidewalk Improvements Predevelopment Planning application.

Worked with HCD and Self Help Enterprises to submit additional documentation for full award.

On Going
In Progress Council Meeting 06/08/2021 Humboldt Storm Drainage & Street Reconstruction Project Wkly Activities
Report April 3 - April 16, 2022
Responded to vendor questions related to the Humboldt Project ITB and Engineering RFQs. Uploaded clarifying addenda and answers for vendors.

Wkly Activities
Report April 10 - April 16, 2022
Due to questions from vendors regarding the fee charges by Urban Leap for successful bids, the bid opening for the Humboldt project was delayed to April 19th in order to allow contractors time to modify bids.

Wkly Activities
Report April 17 - April 23, 2022
Attended bid opening for Humboldt Street
Improvements/Drainage project. Received five bids. Lowest bidder was about $200,000 below engineer's estimate. Taking to Council on 4/26/2022 for approval.

Council Meeting 04/26/2022
New Business

6.3 Consideration and Adoption of a City Council Resolution (31- 22) Awarding the Construction Contract for the Humboldt Avenue Street Improvements to Dave Christian Construction, Inc. in the amount of $2,869,900.00 and Authorizing the City Administrator to Execute the Contract on Behalf of the City (Rogers) Actions Following Approval: Execution of Contract, Pre-Construction Meeting and Notice to Proceed. Construction (90 Working Days) Action: Approved by Resolution #31-22. Motion by Council Member Smith, Seconded by Council Member Palmer to
Approve the City Council Resolution #31-22, Awarding the Construction Contract for the Humboldt Avenue Street
Improvements to Dave Christian Construction, Inc. in the Amount of $2,869,000.00 and Authorizing the City
Administrator to Execute the Contract on Behalf of the City.

Motion passed unanimously by roll call vote.

Wkly Activities
Report May 8 - May 14, 2022
Attended pre-construction meeting for the Chowchilla Humboldt Street Improvements Project.
23 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Wkly Activities
Report June 5 - June 22, 2022
Humboldt Road Improvement Project - Attended meeting with environmental consultants to discuss Swainson's Hawks nesting in the area. Will provide training to contractor when project starts on how to work in those areas without disturbing. Project was schedule to start 06/06/22 but material shortage/delivery delays has pushed the start date to 06/20/22.

Wkly Activities
Report June 6 - June 18, 2022
Humboldt Road Improvement Project - Environmental training for contractor scheduled for 06/20/22.

Wkly Activities
Report June 19 - June 28, 2022
Attended Workers' Environmental Awareness Training for the Humboldt Ave Reconstruction Project. Contractor officially started the project on Monday, June 20th.

In Progress
In Progress Council Meeting 07/27/2021 Transient Ag Use @ Airport In Progress
In Progress Council Meeting 10/26/2021 Well Installation - Pheasant Run, LLC In Progress
In Progress Council Meeting 01/25/2022 PD Water Pipe Rehabilitation Project Wkly Activities
Report April 3 - April 9, 2022
Attended bid opening for the PD Pipe Replacement Project. One bid was received and deemed to be incomplete and therefor nonresponsive. Two other contractors missed the bid deadline and were not able to submit.

City Council 04/26/2022
New Business

6.2 Consideration and Adoption of a City Council Resolution (30- 22) Rejecting a Bid for the Domestic Water Piping Retrofit for the Chowchilla Police Department Project (Rogers) Actions Following Approval: Per Public Contract Code section 20166, since no responsive bids were received to which the City may award the contract, the City may have the project done without further compliance with bid requirements.

Action: Approved by Resolution #30-22. Motion by Council Member Palmer, Seconded by Council Member Ahmed to Approve City Council Resolution #30-22, Rejecting a Bid for the Domestic Water Piping Retrofit for the Chowchilla Police Department Project. Motion passed unanimously by roll call vote.

In Progress
In Progress Council Meeting 05/10/2022 LLMD No. 90-1
24 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Consent

3.4 Consideration and Adoption of a
City Council Resolution (#32-22)
Initiating Proceedings for the Annual
Levy of Assessments for Landscape
Maintenance and Lighting District No.
90-1 of the City of Chowchilla (Rogers)
Motion by Council Member Palmer, Seconded by Council member Smith to Approve the Consent Calendar as presented. Motion passed unanimously by roll call vote.

Actions Following Approval: The City Engineer will prepare the required "Engineer's Report" that will be submitted to the City Council for review and approval. The Engineer's Report will provide the basis for assessments and the properties to be assessed.

Council Meeting 06/28/2022
New Business

6.1 Consideration and Adoption of a City Council Resolution No. 50-22 of Intention to Levy and Collect the Annual Assessment for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla (Rogers)
Motion by Council member Smith, Seconded by Mayor Pro Tem Barragan to Approve City Council Resolution No. 50-22, Intention to Levy and Collect the Annual Assessment for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla. Motion passed unanimously by roll call vote. Action following approval: The Notice for the required Public Hearing will be published in a newspaper of general circulation within the City, a minimum of ten (10) days prior to the date set for the Public Hearing.

In Progress
Completed Council Meeting 05/10/2022 Engineering Services

6.2 Consideration and Adoption of a City
Council Resolution Rejecting a
Proposal for On-Call City Engineering
Services (Roger)
Motion by Council Member Smith, Seconded by Council Member Ahmed to Approve City Council Resolution #35-22, Rejecting a Proposal for On-Call Engineering Services. Motion passed unanimously by roll call vote.

Actions Following Approval: Per Public Contract Code Section 20166, since no responsive bids were received to which the City can award the contract; the legislative body may negotiate with another firm without having to use the specific bid procedures as listed in the Public Contract Code.

6.3 Consideration and Adoption of a City
Council Resolution Approving Two
Agreements with QK Engineering, Inc.
for On-Call Engineering Services and
Authorizing the City Administrator to
Motion by Council Member Smith, Seconded by Council Member Palmer to Approve City Council Resolution #36-22, Approving Two Agreements with QK for On Call City Engineering Services and Authorizing the City Administrator to Execute the Agreement on Behalf of the City. Motion passed unanimously by roll call vote.

Actions Following Approval: QK will assume City Engineer Services effective June 1, 2022 and will begin working with Yamabe & Horn to being the transition process between the two firms.

Wkly Activities
Report May 22 - May 28, 2022
Attended transition meeting with Yamabe and Horn and QK to discuss ongoing/upcoming projects and transition of all City Engineer Services.

Completed Council Meeting 05/24/2022 Dodge Building Bricks New Business

6.1 Consideration and Adoption of a
City Council Resolution Declaring
Surplus Property (Dodge Building
Brinks) Rogers
Motion by Council Member Smith, Seconded by Mayor Chavez to Approve City Council Resolution No. 42-22, Declaring Surplus Property (Dodge Building Bricks). Motion passed unanimously by roll call vote. 25 City of Chowchilla Excel PMP
April 1 - June 30, 2022
Completed Council Meeting 06/08/2021 SB-1 Road Maintenance & Rehab Consent
Consideration and Adoption of a City
Council Resolution Designating Eligible
Projects for SB-1 Road Maintenance
and Rehabilitation Account Funding
Action: Approved by Council Resolution. Motion by Council Member Smith, Seconded by Council Member Palmer to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

Actions following approval: The Resolution will to the California Transportation Commission CalSMART system and secure funding.

Completed Council Meeting 06/28/2022 2022 CDBG Grant Application & Street Sweeping Greenhills Public Hearing

4.2 Consideration of a Public Hearing
to Discuss Submittal of a 2022
Community Development Block Grant
(CDBG) Application, and Adoption of a
City Council Resolution (49-22)
Approving an Application for Funding
and the Execution of a Grant
Motion by Council Member Palmer, Seconded by Mayor Pro Tem Barragan to Approve City Council Resolution No. 49-22, Approving an Application for Funding and the Execution of a Grant Agreement and any Amendments Thereto from the 2022 Funding Year of the State CDBG Program. Motion passed unanimously by roll call vote.

Action : Approved by Council Resolution No. 49-22. Action following approval: A resolution will be brought back to Council at a Later date for approval once direction is given on what the City wants to apply for.

New Business

6.2 Consideration to Authorize the
City Administrator to Execute a
Street Sweeping Agreement with
Greenhills Estates Home Owner
Associations (Rogers)
Motion by Council Member Smith, Seconded by Council Member Palmer to Authorize the City Administrator to Execute a Street Sweeping Agreement with Greenhills Estates Home Owners
Association. Motion passed unanimously by roll call vote.

Action: Approved. Action following approval: The City
Administrator or designee will execute the agreement with Greenhills and will retain one original signed copy and send one original signed agreement to Greenhills.

Approved - Jason Rogers 07/20/2022
26 REPORT TO THE CITY COUNCIL
Item 6.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 26, 2022
AGENDA SECTION: New Business
SUBJECT: Discussion and/or Direction Regarding Stop Signs and Speed Undulations APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: None

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:

This is a discussion item; no recommendation is provided.

Discussion:

Stop Signs
A stop sign is one of our most valuable and effective control devices when used at the right place and under the right conditions. It is intended to help drivers and pedestrians at an intersection decide who has the right-of-way.

In order for a stop sign to be implemented, a warrant analysis is required to be performed in accordance with the California Manual on Uniform Traffic Control Devices (CA MUTCD). The CA MUTCD establishes the guidelines to be used in determining if intersection control is warranted and for selecting the proper intersection control. There are several factors that must be considered in the analysis, including traffic volumes (including pedestrians and bicyclists), approach angles, approach speeds, available sight distance, accident records, and street designations. Furthermore, the CA MUTCD provides set thresholds for traffic volumes and accident occurrences that should be met for each specific intersection control type to be warranted. It should be noted in the CA MUTCD that stop signs are not warranted as an effective measure to reduce speeding. Specifically, Section 2B.04.C of the CA MUTCD states, “STOP signs should not be used for speed control.”
The purpose of a stop sign is to assign right of way at an intersection and to make sure that traffic flows smoothly and predictably. Because a stop sign is used to assign right of way at an intersection, it is not an effective means to control speeding. Research shows that where stop signs are installed as "deterrents" or "speed breakers," there are high incidences of intentional violations resulting in accidents. There is a high incidence of “stop sign violators” when drivers perceive the signs as a nuisance rather than as a rightof-way aid. Studies have shown that, sometimes, after installing a stop sign there is an increase in rearend collisions. Also, the stop sign may cause such an inconvenience that traffic detours through residential streets, parking lots, etc. Whenever drivers begin to disregard traffic controls, other motorists and pedestrians may be lulled into a false sense of security.

When vehicles must stop, the speed reduction is only near the stop sign, and drivers tend to speed up between stop sign controlled intersections. When not required to stop by cross street traffic, only 5 to 20% of all drivers come to a complete stop, 40 to 60% will come to a rolling stop below 5 mph, and 20 to 40% will pass through at higher speeds. Signs placed on major and collector streets for the purpose of speed reduction are the most flagrantly violated.

A literature search found 70 papers about multi-way stop signs being used as traffic calming devices and their relative effectiveness in controlling vehicle speeds in residential neighborhoods and their relative effectiveness as traffic calming devices. The following summarizes the findings and list the number of references found for each of the findings:

1. Multi-way stops do not control speeds (22 references)

2. Stop compliance is poor at locations that did not meet stop sign criteria. This is based on the drivers feeling that the signs have no traffic control purpose. There is little reason to yield the right-of-way because there are usually no vehicles on the minor street (19 references)

3. Before-After studies show multi-way stops do not reduce speeds on residential streets (19 references)

4. Multi-way stops not meeting criteria increased speed some distance from the intersection. The studies hypothesize that motorists are making up the time they lost at the "unnecessary" stop sign (15 references)

5. Multi-way stop signs have high operating costs based on vehicle operating costs, vehicular travel times, fuel consumption and increased vehicle emissions (15 references)

6. Safety of pedestrians is decreased at multi-way stops not meeting the criteria, especially small children. Pedestrians expect vehicles to stop at the stop signs but many vehicle drivers have gotten in the habit of running the "unnecessary" stop sign (13 references)

7. Special police enforcement of multi-way stop signs has limited effectiveness. This has been called the "halo" effect. Drivers will obey the "unreasonable" laws as long as a police officer is visible (11 references)

8. Multi-way stop signs do not discourage cut-through traffic through residential neighborhoods (13 references).

9. Increase the potential of rear-end collisions. (7 references) Lowering speed limits
Many studies have concluded that a driver’s speed is influenced by the existing conditions of a roadway, not the posted speed limit. As a result, changes in posted speed limits have little to no effect on vehicle speeds. There are several types of roadways in which the speeds are set by the California Vehicle Code (“prima facie” speed limits apply). The speed limit on local, residential roads is 25 mph. Per the CA MUTCD, all other speed limits must be established based on engineering studies which look at roadway conditions, crash records and the existing speeds at which the majority of vehicles travel. When speed limits are set lower than the engineering study justifies, enforcement citations cannot be upheld in court.

Speed humps
Speed humps are raised pavement areas in the roadway surface that extend across the travel way to slow vehicle speeds. A speed “hump” is a gradual rise in the pavement surface and is used on public streets, unlike a speed “bump” which is an abrupt change in pavement height typically used for private driveways and parking lots.

Studies have shown that speed humps can aid in reducing vehicle speeds and decreasing traffic volumes in their immediate vicinity. However, speed hump installations can have negative effects that should be considered as part of the evaluation. Once installed, residents living near speed humps often complain of increased noise as vehicles traverse the speed humps (vehicles may hit the brakes and speed up immediately after). Traffic may divert to adjacent parallel streets in an effort to avoid the speed humps. In addition, emergency vehicle response will be slowed. Finally, there is significant cost for installation and maintenance.

Speed humps are generally only installed on roadways which meet minimum criteria established by the City. Minimum criteria include the existing vehicle speeds, number of vehicles, proximity to adjacent STOP and YIELD signs, and location of emergency vehicle response routes.

The City's Police, Fire, Engineering, and Public Works Departments employs a consultant to evaluate intersections of concern, following State and Federal guidelines, to ensure uniformity in traffic control. The typical cost for a single warrant study is approximately $1,800.

Legal Issues
Installing intersection controls at intersections where such control is not warranted may expose the City to liability based on the foregoing concerns and information including, but not limited to, whether intersection controls are warranted under the guidelines of the CA MUTCD. In addition, it is recommended the City use consistent and objective criteria to determine whether or not intersection controls should be installed as well as the CA MUTCD guidelines.

FISCAL IMPACT:

As this is a discussion item, there are no General Fund impacts noted.

ALTERNATIVES:

None proposed.

ACTIONS FOLLOWING APPROVAL:

If direction is provided by Council, staff will implement.

Chowchilla City CouncilJuly 26, 2022

Chowchilla City Council
July 26, 2022