AGENDA
City Council / Redevelopment Successor Agency
Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, September 13, 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.
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 at the meeting will be reflected in the minutes.
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
PUBLIC ADDRESS – CLOSED SESSION
This time is reserved for members of the audience to address the City Council on items listed on the Closed Session agenda only. It is recommended that speakers limit their comments to no more than 3 minutes each.
CLOSED SESSION – 6:00 PM
1. PUBLIC EMPLOYEE EMPLOYMENT - Pursuant to Government Code Section 54957 Title: Police Chief
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8
Property: APN 002-250-053
City Council Meeting Agenda September 13, 2022
Agency Negotiator: Rod Pruett, City Administrator/Executive Director Negotiating Parties: Chowchilla Redevelopment Successor Agency, George Tristao & Danny Tristao
Under Negotiation: Price & Terms
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION:
CLOSED SESSION REPORT:
PRESENTATIONS/WORKSHOP - Section 1
1.1 Police Officer of the Year Presentation by Senator Anna Caballero’s and Assembly Member Bigelow’s Office
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 August 23, 2022 City Council Meeting Minutes (McClendon)
3.2 Consideration and Approval of the August 2022 Check Register (Williams)
3.3 Consideration and Adoption of a City Council Resolution Authorizing Continued Use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54953) (McClendon)
City Council Meeting Agenda September 13, 2022
3.4 Second Reading, with the Option to Waive the Second Reading and Adoption of an Ordinance of the City Council of the City of Chowchilla, California, Authorizing the Levy of Special Taxes in a Community Facilities District (Hamilton)
3.5 Consideration and Adoption of a City Council Resolution Authorizing the Purchase of one CATX Van Utilizing the Joint Procurement Process Through the California Association for Transportation (CalACT) and A-Z Bus Sales, Inc.; and Amending the Transit Budget to Reflect Said Purchase (McClendon)
PUBLIC HEARINGS – Section 4
4.1 Introduction and First Reading with Option to Waive the First Reading of a City Council Ordinance Approving Development Agreement #22-0009 for the Legacy Ranch Vesting Tentative Subdivision Map (Hamilton)
4.2 Consideration and Adoption of a City Council Resolution Approving Tentative Subdivision Map #22-0006 Along With the Notice of Exemption (Hamilton) DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Approval of the Cottage Home or Accessory Dwelling Unit Program – Pre-Approved Accessory Dwelling Unit Plans (Hamilton)
6.2 Consideration and Approval of a City Council Resolution Amending the 2022/2023 Salary Scale to Include the Fiscal Manager Classification (McClendon) ANNOUNCEMENTS – Section 7
SEP 21 PLANNING COMMISSION MEETING, CITY HALL, 7PM
SEP 27 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 8th day of September, 2022 at or before 5:00pm.
Joann McClendon, CMC, City Clerk
*SPECIAL NOTICE REGARDING PUBLIC PARTICIPATION DUE TO
COVID-19*
Public meetings are still open to the public to attend in-person.
However, if you wish to attend remotely, please read the message below.
Consistent with AB 361 and Government Code section 54953, this meeting will be held remotely. Members of the public may access the meeting using the following information:
Zoom login instructions
Use the following url to start Zoom:
https://us06web.zoom.us/j/81067729123?pwd=UWptbURiTFZLe DZWRkUyVE9RT2Nidz09
Passcode: 074 792
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 810 6772 9123
Passcode: 074 792
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 Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, August 23, 2022
Closed Session: 6:00 p.m. - Open Session: 7:00 p.m.
CALL TO ORDER/ROLL CALL: 6:04 p.m.
Mayor: John Chavez
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, Diana Palmer, Kelly Smith City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Commander Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Finance Director Kerri Williams, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
Motion by Council Member Ahmed, Seconded by Council Member Smith to approve the Agenda as Presented. Motion passed unanimously by roll call vote.
PUBLIC ADDRESS – CLOSED SESSION
No one spoke.
CLOSED SESSION – 6:07 PM
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to Government Code Section 54956.8
Property: 235 Robertson Boulevard (APN 002-051-010)
Agency Negotiator: Rod Pruett, City Administrator
Negotiating Parties: Dan Chapman
Under Negotiation: Price & Terms
OPEN SESSION – 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Jeff Troost
CLOSED SESSION REPORT: No reportable action.
PRESENTATIONS/WORKSHOP - Section 1
PUBLIC ADDRESS
Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
City Council Meeting Minutes August 23, 2022
No one spoke.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Smith attended the CAC meeting in which over 14 schoarships were awarded to students in Chowchilla, Madera and Mendota from VSP and they also collected funds for underprivileged students to purchase school supplies and hand them out to Chowchilla and Madera schools; thanked all staff who put together the Autozone groundbreaking ceremony and Deputy Director Wisener for the City’s summer series of events.
Council Member Palmer also thanked staff for the Autozone groundbreaking event; she toured the new Justice Hall that will house the Madera County District Attorney and Probation.
Attended a CAPMC meeting, reviewing their bylaws. Beautify Chowchilla is slated for October 1.
Council Member Ahmed attended the new Justice Hall tour; Rotary Dinner; Autozone groundbreaking event.
Mayor Chavez attended the Rotary Dinner and Autozone groundbreaking event.
2.2 STAFF VERBAL REPORTS
City Administrator Pruett attended the Rotary Dinner; thanked everyone for their collaboration in the Autozone groundbreaking event; involved in labor negotiations; met with the bond disclosure consultant working on project to reconcile some of the PG&E solar credit issues.
Deputy Director of Recreation and Community Outreach Wisener reiterated how the Autozone groundbreaking event was a success; is working on city’s website; looking at a possible Halloween event and planning the Christmas Parade set for December 3.
Public Works Director Rogers gave an update on the Humboldt Construction project. The contractor finished paving Humboldt Avenue from 15th to 6th Streets today. Students will be allowed to be dropped off and picked up in front of the high school campus on Humboldt. The contractor will resume with the construction from 5th Street to 3rd Street on Humboldt Avenue and is scheduled to close a portion of 5th Street to complete the storm drain improvements. 5th Street will be detoured during this construction and a Public Notice will be circulated on our social media accounts. We’ve already reached out to the school districts and provided that rerouting information.
He also thanked everyone for their hard work on the Autozone Groundbreaking Ceremony. It was a great event and staff worked really well together.
He took a moment and recognize Jose Sahagun. Jose retired last week after 22 years of service with the City as a Wastewater Treatment Operator. He thanked him for his service and wished him good fortune on this next chapter.
Community & Economic Development Director Hamilton he attended training by CalEd, the Autozone groundbreaking, Team California meeting, Rotary Dinner, Mike Berg from the high school regarding the new facilities they are constructing, lot merger submitted for the fire station project, working diligently with Autozone to complete their necessary permits; Planning City Council Meeting Minutes August 23, 2022
Commission items that will be brought to Council; business placed an offer on vacant 10 acre lot; staff is cleaning up CDBG files and brainstorming on how to streamline application process.
Finance Director Williams is involved in labor negotiations; assisting Dan Bergman with documents for the PG&E and JCI project; working on bringing utility billing in-house that would save $25k per year.
Commander Palmer reported out the stats from the Police Department. as the first week of back to school, along with the construction occurring around them, he and the Department thanked Public Works for their excellent work with setting up barriers, helping the flow of traffic as kids get dropped off at school.
Fire Chief Gaumnitz reported on the Fire Station Expansion Project. Thanked his Volunteer Firefighters for attending the Autozone groundbreaking ceremony and attending the funeral precession of Mr. Gilliam.
CONSENT CALENDAR – Section 3
3.1 Approval of the August 9, 2022 Regular City Council Meeting Minutes (McClendon)
3.2 Approval of the August 9, 2022 Special City Council Meeting Minutes (McClendon)
3.3 Consideration and Approval of the July 2022 Financials Report (Williams)
3.4 Consideration and Adoption of a City Council Resolution Authorizing Continued use of Remote Teleconferencing Provisions (AB361 and Government Code Section 54953) (McClendon)
3.5 Consideration and Approval of a Memoranda of Understanding (MOU) of the Chowchilla City Office Employees Association for the Period Covering July 1, 2022 Through June 30, 2025 (Pruett)
3.6 Consideration and Approval of a Memorandum of Understanding (MOU) of the Chowchilla Mid-Management/Confidential Employees Association for the Period Covering July 1, 2022 Through June 30, 2025 (Pruett)
Motion by Council Member Smith, Seconded by Council Member Palmer to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
PUBLIC HEARINGS – Section 4
4.1 Consideration and Adoption of:
a. A City Council Resolution Establishing the Formation of a Community Facilities District No 2022-1 (Public Safety, Maintenance & Services); and, Motion by Mayor Chavez, Seconded by Council Member Smith to Adopt City Council Resolution 69-22, Establishing the Formation of a Community Facilities District No 2022-1 (Public Safety, Maintenance & Services). Motion passed with Council Member Palmer voting No. b. A City Council Resolution Calling a Special Election for a Community Facilities District; and,
City Council Meeting Minutes August 23, 2022
Motion by Council Member Smith, Seconded by Mayor Chavez to Adopt City Council Resolution #70-22, Calling a Special Election for a Community Facilities District. Motion passed with Council Member Palmer voting no.
c. A City Council Resolution Declaring Results of a Special Election and Directing the Recording of a Special Tax Lien for Community Facilities District No. 2022-1.
And,
Motion by Mayor Pro Tem Barragan, Seconded by Council Member Smit to Adopt City Council Resolution #71-22, Declaring Results of a Special Election and Directing the Recording of a Special Tax Lien for Community Facilities District No. 2022-1. Motion passed with Council Member Palmer voting no.
d. Introduction and First Reading, with the Option to Waive the First Reading of an Ordinance of the City Council of the City of Chowchilla, California, Authorizing the Levy of Special Taxes in a Community Facilities District (Hamilton) Motion by Mayor Pro Tem Barragan, Seconded by Council Member Smith to Waive the First Reading of an Ordinance of the City Council of the City of Chowchilla, California, Authorizing the Levy of Special Taxes in a Community Facilities District. Motion passed unanimously by roll call vote.
DEFERRED BUSINES – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Authorizing the City Administrator or Designee to Execute a Cooperative Agreement with Caltrans for a Clean California Enhancement Project on State Route 233/Robertson Boulevard (Rogers)
Motion by Council Member Palmer, Seconded by Council Member Ahmed to Approve City Council Resolution #72-22, Authorizing the City Administrator or Designee to Execute a Cooperative Agreement with Caltrans for a Clean California Enhancement Project on State Route 233/Robertson Boulevard. Motion passed unanimously by roll call vote.
6.2 Consideration and Adoption of:
a) A City Council Resolution Authorizing the Changes in the Salary and Benefits for Management Classifications that Correspond to Increases in the Chowchilla MidManagement/Confidential MOU for the Period Covering July 1, 2022 Through June 30, 2025;
Motion by Council Member Palmer, Seconded by Council Member Ahmed to Approve City Council Resolution #73-22, Authorizing the Changes in the Salary and Benefits for Management Classifications that Correspond to Increases in the Chowchilla Mid-Management/Confidential MOU for the Period Covering July 1, 2022 Through June 30, 2025. Motion passed unanimously by roll call vote.
b) A City Council Resolution Amending the Approved City of Chowchilla Salary Scale for the Following Period: July 1, 2022 Through June 30, 2025 (Pruett) City Council Meeting Minutes August 23, 2022
Motion by Council Member Ahmed, Seconded by Council Member Smith to Approve City Council Resolution #74-22, Authorizing the Changes in the Salary and Benefits for Management Classifications that Correspond to Increases in the Chowchilla Mid-Management/Confidential MOU for the Period Covering July 1, 2022 Through June 30, 2023. Motion passed unanimously by roll call vote. Motion passed unanimously by roll call vote.
ANNOUNCEMENTS – Section 7
SEP 5 LABOR DAY, CITY OFFICES CLOSED
SEP 13 CITY COUNCIL MEETING, CITY HALL, 7PM
SEP 21 PLANNING COMMISSION MEETING, CITY HALL, 7PM
ADJOURNMENT
Mayor Chavez Adjourned the August 23, 2022 Regular City Council Meting In Memory of Mr. Melvin “Corky” Aldridge Gilliam at 7:58 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor John Chavez
REPORT TO THE CITY COUNCIL
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 13, 2022
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Check list report
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Informational only. The invoices paid are shown in the attached listing of invoices.
BACKGROUND:
Presented this evening is a list of invoices paid in August 2022.
REASON FOR RECOMMENDATION:
Informational item only.
FISCAL IMPACT:
Each item shown on the invoice list includes a description of that item and the amount of the invoice.
ALTERNATIVES:
Not applicable.
ACTIONS FOLLOWING APPROVAL:
None.
9/6/2022 10:10:51 AM Page 1 of 6
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 08/01/2022 - 08/31/2022
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
08/01/2022 63341 Terry Wilson Utility Billing Outstanding Check -250.00 08/01/2022 63342 Luis Miguel Valencia Utility Billing Outstanding Check -42.76 08/01/2022 63343 Chowchilla Airport Utility Billing Outstanding Check -829.10 08/01/2022 63344 Chowchilla Water District Utility Billing Outstanding Check -1,015.10 08/02/2022 63359 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 08/02/2022 63360 Franchise Tax Board- Tax Accounts Payable Outstanding Check -250.00 08/02/2022 63361 Madera County Sheriff Civil Division Accounts Payable Outstanding Check -62.00 08/05/2022 63362 Ag Towing and Tranportation Accounts Payable Outstanding Check -25.00 08/05/2022 63363 Anderson Pump Co Accounts Payable Outstanding Check -102.96 08/05/2022 63364 Arnoldo's Plants Accounts Payable Outstanding Check -39.00 08/05/2022 63365 AT & T Accounts Payable Outstanding Check -288.72 08/05/2022 63366 Badger Meter Inc. Accounts Payable Outstanding Check -3,695.60 08/05/2022 63367 Baker Supplies and Repairs Accounts Payable Outstanding Check -176.61 08/05/2022 63368 Blue Shield of California Accounts Payable Outstanding Check -75,768.44 08/05/2022 63369 BSK Associates Accounts Payable Outstanding Check -1,002.00 08/05/2022 63370 Burton's Fire Inc. Accounts Payable Outstanding Check -5,669.34 08/05/2022 63371 Business Telecommunications Accounts Payable Outstanding Check -612.25 08/05/2022 63372 Cascade Fire Equipment Company Accounts Payable Outstanding Check -1,527.90 08/05/2022 63373 CDW Government, Inc. Accounts Payable Outstanding Check -11,114.90 08/05/2022 63374 Central Irrigation, Inc. Accounts Payable Outstanding Check -189.17 08/05/2022 63375 Charles Lawson II Accounts Payable Outstanding Check -85.00 08/05/2022 63376 Chowchilla DoIt Best Accounts Payable Outstanding Check -97.97 08/05/2022 63377 Chowchilla Volunteer Fire Accounts Payable Outstanding Check -80,000.00 08/05/2022 63378 City of Foster City Accounts Payable Outstanding Check -3,786.00 08/05/2022 63379 CivicPlus, Inc. Accounts Payable Outstanding Check -350.00 08/05/2022 63380 Comcast Accounts Payable Outstanding Check -43.28 08/05/2022 63381 Consolidated Electrical Accounts Payable Outstanding Check -697.78 08/05/2022 63382 Cook's Communication Corp Accounts Payable Outstanding Check -21,618.55 08/05/2022 63383 DATCO Services Coporation Accounts Payable Outstanding Check -63.00 08/05/2022 63384 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -631.32 08/05/2022 63385 Farmers Hardware Accounts Payable Outstanding Check -292.27 08/05/2022 63386 Void Check Accounts Payable Voided Check 0.00 08/05/2022 63387 Grover Landscape Services Inc. Accounts Payable Outstanding Check -890.00 08/05/2022 63388 Horizon Accounts Payable Outstanding Check -171.32 08/05/2022 63389 Hotsy Pacific Co Accounts Payable Outstanding Check -116.18 08/05/2022 63390 Kelby Grissom Accounts Payable Outstanding Check -17.00 Bank Transaction Report Issued Date Range: -
9/6/2022 10:10:51 AM Page 2 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/05/2022 63391 L.N. Curtis & Sons Accounts Payable Outstanding Check -85.15 08/05/2022 63392 Liebert Cassidy Whitmore Accounts Payable Outstanding Check -2,469.00 08/05/2022 63393 Lozano Smith, LLP Accounts Payable Outstanding Check -25,955.38 08/05/2022 63394 Mace Pest Control Accounts Payable Outstanding Check -430.00 08/05/2022 63395 Madera County Public Works Department Accounts Payable Outstanding Check -504,579.18 08/05/2022 63396 Madera County Recorders Office Accounts Payable Outstanding Check -20.00 08/05/2022 63397 Madera Tribune Accounts Payable Outstanding Check -1,422.50 08/05/2022 63398 Madera Tribune Accounts Payable Outstanding Check -59.00 08/05/2022 63399 Maziar Aminsalehi Accounts Payable Outstanding Check -91.22 08/05/2022 63400 Maziar Aminsalehi Accounts Payable Outstanding Check -17.00 08/05/2022 63401 MidLand TractorCompany Accounts Payable Outstanding Check -6.38 08/05/2022 63402 Mid-Valley Pipe & Steele, Inc Accounts Payable Outstanding Check -226.20 08/05/2022 63403 Motorola Solutions, Inc Accounts Payable Outstanding Check -2,850.19 08/05/2022 63404 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -766.00 08/05/2022 63405 Occupational Health Centers of Accounts Payable Outstanding Check -621.00 08/05/2022 63406 ODP Business Solutions, LLC Accounts Payable Outstanding Check -45.39 08/05/2022 63407 PACE Supply Corp Accounts Payable Outstanding Check -817.39 08/05/2022 63408 Principal Financial Group Accounts Payable Outstanding Check -258.89 08/05/2022 63409 ProClean Supply Reversal Accounts Payable Outstanding Check Reversal 985.77 08/05/2022 63409 ProClean Supply Accounts Payable Outstanding Check -985.77 08/05/2022 63410 PROtech Security & Electronics Inc. Accounts Payable Outstanding Check -444.60 08/05/2022 63411 Prudential Overall Supply Accounts Payable Outstanding Check -608.85 08/05/2022 63412 Purl's Sheet Metal & Air Conditioning Accounts Payable Outstanding Check -3,338.82 08/05/2022 63413 Quad Knopf, Inc. Accounts Payable Outstanding Check -3,367.20 08/05/2022 63414 R & R Pool Service Accounts Payable Outstanding Check -130.00 08/05/2022 63415 Rick Manuel Medeiros Accounts Payable Outstanding Check -525.00 08/05/2022 63416 Rose M Mc Combs Accounts Payable Outstanding Check -18,000.00 08/05/2022 63417 S & W Auto Parts Inc. Accounts Payable Outstanding Check -230.64 08/05/2022 63418 Salters Distributing Inc Accounts Payable Outstanding Check -52,500.00 08/05/2022 63419 San Joaquin Valley Air Accounts Payable Outstanding Check -240.00 08/05/2022 63420 Sparkletts Accounts Payable Outstanding Check -132.75 08/05/2022 63421 Super Circuits Inc. Accounts Payable Outstanding Check -705.47 08/05/2022 63422 T & T Pavement Markings & Accounts Payable Outstanding Check -108.75 08/05/2022 63423 TF Tire & Service Accounts Payable Outstanding Check -961.25 08/05/2022 63424 U.S. Security Supply, Inc. Accounts Payable Outstanding Check -109.07 08/05/2022 63425 US BANK (CAL-CARD) Accounts Payable Outstanding Check -5,494.56 08/05/2022 63426 USA North 811 for the benefit of CA Underground Facilities Accounts Payable Outstanding Check -616.15 08/05/2022 63427 Vision Service Plan - (CA) Accounts Payable Outstanding Check -924.16 08/05/2022 63428 Xinai's Flowers Accounts Payable Outstanding Check -39.00 08/05/2022 63429 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -200.40 08/11/2022 63430 Adrian Rocha Accounts Payable Outstanding Check -678.79 08/11/2022 63431 Annalyssa R Roberts Accounts Payable Outstanding Check -176.59 08/11/2022 63432 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 Bank Transaction Report Issued Date Range: -
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Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/11/2022 63433 Chowchilla Employees Assn. Accounts Payable Outstanding Check -165.00 08/11/2022 63434 Chowchilla Mid-Management Accounts Payable Outstanding Check -260.00 08/11/2022 63435 Chowchilla Office Accounts Payable Outstanding Check -135.00 08/11/2022 63436 Chowchilla Peace Officers Accounts Payable Outstanding Check -1,032.00 08/11/2022 63437 Everett S Dunn Accounts Payable Outstanding Check -250.55 08/11/2022 63438 Fitness Peak Accounts Payable Outstanding Check -140.00 08/11/2022 63439 Franchise Tax Board Accounts Payable Outstanding Check -638.72 08/11/2022 63440 Franchise Tax Board- Tax Accounts Payable Outstanding Check -250.00 08/11/2022 63441 Gavin L Celedon Accounts Payable Outstanding Check -176.59 08/11/2022 63442 Jennifer A Palomino Accounts Payable Outstanding Check -117.41 08/11/2022 63443 John Chavez Accounts Payable Outstanding Check -210.61 08/11/2022 63444 Madera County Sheriff Civil Division Accounts Payable Outstanding Check -723.93 08/11/2022 63445 Mickey Morrison Accounts Payable Outstanding Check -3.16 08/11/2022 63446 Nicholas Palmer Accounts Payable Outstanding Check -1,747.05 08/11/2022 63447 Samantha Gutierrez Accounts Payable Outstanding Check -1,883.51 08/11/2022 63448 U.S. Bank (PARS) Accounts Payable Outstanding Check -556.57 08/11/2022 63449 Waseem Ahmed Accounts Payable Outstanding Check -284.40 08/19/2022 63450 AutoZone Parts, Inc Accounts Payable Outstanding Check -37.25 08/19/2022 63451 Baker Supplies and Repairs Accounts Payable Outstanding Check -223.15 08/19/2022 63452 Brian Boivie Accounts Payable Outstanding Check -187.00 08/19/2022 63453 BSK Associates Accounts Payable Outstanding Check -2,067.00 08/19/2022 63453 BSK Associates Reversal Accounts Payable Outstanding Check Reversal 2,067.00 08/19/2022 63454 Caryn Granger Accounts Payable Outstanding Check -85.00 08/19/2022 63455 Casadi Denny Accounts Payable Outstanding Check -407.00 08/19/2022 63456 CDW Government, Inc. Accounts Payable Outstanding Check -371.26 08/19/2022 63457 Charles Lawson II Accounts Payable Outstanding Check -170.00 08/19/2022 63458 Chowchilla DoIt Best Accounts Payable Outstanding Check -9.78 08/19/2022 63459 Chowchilla Rotary Club Accounts Payable Outstanding Check -520.00 08/19/2022 63460 Comcast Accounts Payable Outstanding Check -15.92 08/19/2022 63461 David Burnett Accounts Payable Outstanding Check -17.00 08/19/2022 63462 David Riviere Accounts Payable Outstanding Check -259.00 08/19/2022 63463 Dell, Inc. Accounts Payable Outstanding Check -29,541.13 08/19/2022 63464 Department of Transportation Accounts Payable Outstanding Check -2,420.93 08/19/2022 63465 Esbardo Chacon Accounts Payable Outstanding Check -200.00 08/19/2022 63466 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -990.27 08/19/2022 63467 Farmers Hardware Accounts Payable Outstanding Check -66.70 08/19/2022 63468 Grover Landscape Services Inc. Accounts Payable Outstanding Check -6,573.91 08/19/2022 63469 H & H Engineering Construction Inc. Accounts Payable Outstanding Check -215.00 08/19/2022 63470 Home Depot Credit Services Accounts Payable Outstanding Check -872.65 08/19/2022 63471 Jeffery Palmer Accounts Payable Outstanding Check -259.00 08/19/2022 63472 Joann McClendon Accounts Payable Outstanding Check -259.50 08/19/2022 63473 John Chavez Accounts Payable Outstanding Check -549.26 08/19/2022 63474 Jonah Rogers Accounts Payable Outstanding Check -51.00 Bank Transaction Report Issued Date Range: -
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Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/19/2022 63475 Jose Martinez Accounts Payable Outstanding Check -85.00 08/19/2022 63475 Jose Martinez Reversal Accounts Payable Outstanding Check Reversal 85.00 08/19/2022 63476 Kelby Grissom Accounts Payable Outstanding Check -51.00 08/19/2022 63477 Kelly Smith Accounts Payable Outstanding Check -571.75 08/19/2022 63478 Mace Pest Control Accounts Payable Outstanding Check -760.00 08/19/2022 63479 Madera Tribune Accounts Payable Outstanding Check -1,254.50 08/19/2022 63480 Mark Hamilton Accounts Payable Outstanding Check -259.00 08/19/2022 63481 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -3,126.30 08/19/2022 63482 Mobile Communications America, Inc Accounts Payable Outstanding Check -5,411.73 08/19/2022 63483 MuniServices LLC Accounts Payable Outstanding Check -4,441.28 08/19/2022 63484 Myles Guerrero Accounts Payable Outstanding Check -51.00 08/19/2022 63485 Navia Benefit Solutions Accounts Payable Outstanding Check -69.80 08/19/2022 63486 NBS Government Finance Accounts Payable Outstanding Check -3,064.77 08/19/2022 63487 Nicholas Palmer Accounts Payable Outstanding Check -85.00 08/19/2022 63488 ODP Business Solutions, LLC Accounts Payable Outstanding Check -1,221.90 08/19/2022 63488 ODP Business Solutions, LLC Reversal Accounts Payable Outstanding Check Reversal 1,221.90 08/19/2022 63489 Pacific Plan Review Inc Accounts Payable Outstanding Check -3,632.23 08/19/2022 63490 PacWest Direct Accounts Payable Outstanding Check -6,308.99 08/19/2022 63491 Point Emblems LLC Accounts Payable Outstanding Check -7,219.44 08/19/2022 63492 Polydyne Inc. Accounts Payable Outstanding Check -10,096.55 08/19/2022 63493 ProClean Supply Accounts Payable Outstanding Check -986.77 08/19/2022 63494 PROtech Security & Electronics Inc. Accounts Payable Outstanding Check -1,091.00 08/19/2022 63495 PROtech Security & Electronics Inc. Accounts Payable Outstanding Check -4,428.60 08/19/2022 63496 Prudential Overall Supply Accounts Payable Outstanding Check -76.92 08/19/2022 63497 Purl's Sheet Metal & Air Conditioning Accounts Payable Outstanding Check -237.00 08/19/2022 63498 Quad Knopf, Inc. Accounts Payable Outstanding Check -14,737.24 08/19/2022 63499 Rahn's Fire Safety Services Accounts Payable Outstanding Check -870.46 08/19/2022 63500 Rick Manuel Medeiros Accounts Payable Outstanding Check -600.00 08/19/2022 63501 Riggs Ambulance Service Accounts Payable Outstanding Check -232.50 08/19/2022 63502 Robin Roman Accounts Payable Outstanding Check -456.75 08/19/2022 63503 Rod Pruett Accounts Payable Outstanding Check -200.50 08/19/2022 63504 Self Help Enterprises Accounts Payable Outstanding Check -3,409.00 08/19/2022 63504 Self Help Enterprises Reversal Accounts Payable Outstanding Check Reversal 3,409.00 08/19/2022 63505 Silva Ford Madera Accounts Payable Outstanding Check -142.31 08/19/2022 63506 Stacy Weaver Accounts Payable Outstanding Check -450.88 08/19/2022 63507 Superior Pool Products, LLC Accounts Payable Outstanding Check -5,940.32 08/19/2022 63508 T & T Pavement Markings & Accounts Payable Outstanding Check -184.88 08/19/2022 63509 TF Tire & Service Accounts Payable Outstanding Check -1,176.11 08/19/2022 63510 TJKM Transportation Consultants Accounts Payable Outstanding Check -45.09 08/19/2022 63511 Transcend Robotics Accounts Payable Outstanding Check -25,500.00 08/19/2022 63512 Turner's Towing Accounts Payable Outstanding Check -260.00 08/19/2022 63513 Tyler Technologies, Inc. Accounts Payable Outstanding Check -4,684.56 08/19/2022 63514 US Bank Accounts Payable Outstanding Check -8,690.00 Bank Transaction Report Issued Date Range: -
9/6/2022 10:10:51 AM Page 5 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
08/19/2022 63515 US BANK (CAL-CARD) Accounts Payable Outstanding Check -7,286.35 08/19/2022 63516 US Post Office Accounts Payable Outstanding Check -23.10 08/19/2022 63517 Van De Pol Enterprises Accounts Payable Outstanding Check -12,546.07 08/19/2022 63518 Waseem Ahmed Accounts Payable Outstanding Check -549.26 08/19/2022 63519 Yamabe and Horn Engineering Inc. Reversal Accounts Payable Outstanding Check Reversal 83,908.51 08/19/2022 63519 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -83,908.51 08/19/2022 63520 ODP Business Solutions, LLC Accounts Payable Outstanding Check -1,060.56 08/19/2022 63521 Self Help Enterprises Accounts Payable Outstanding Check -2,662.00 08/22/2022 63522 Dora's Fashion Accounts Payable Outstanding Check -335.00 08/25/2022 63523 Adrian Rocha Accounts Payable Outstanding Check -655.62 08/25/2022 63524 Anderson Pump Co Accounts Payable Outstanding Check -154.45 08/25/2022 63525 AutoZone Parts, Inc Accounts Payable Outstanding Check -104.08 08/25/2022 63526 Baker Supplies and Repairs Accounts Payable Outstanding Check -58.73 08/25/2022 63527 BSK Associates Accounts Payable Outstanding Check -1,907.00 08/25/2022 63528 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 08/25/2022 63529 Chowchilla Employees Assn. Accounts Payable Outstanding Check -150.00 08/25/2022 63530 Chowchilla Mid-Management Accounts Payable Outstanding Check -260.00 08/25/2022 63531 Chowchilla Office Accounts Payable Outstanding Check -120.00 08/25/2022 63532 Chowchilla Peace Officers Accounts Payable Outstanding Check -1,032.00 08/25/2022 63533 Void Check Accounts Payable Voided Check 0.00 08/25/2022 63534 Consolidated Electrical Accounts Payable Outstanding Check -893.06 08/25/2022 63535 De Lange Landen Financial Services Inc. Accounts Payable Outstanding Check -1,517.01 08/25/2022 63536 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -624.66 08/25/2022 63537 Fastenal Company Accounts Payable Outstanding Check -782.80 08/25/2022 63538 Ferguson Enterprises, Inc. Accounts Payable Outstanding Check -482.14 08/25/2022 63539 Fitness Peak Accounts Payable Outstanding Check -122.50 08/25/2022 63540 Franchise Tax Board Accounts Payable Outstanding Check -558.00 08/25/2022 63541 Grainger Accounts Payable Outstanding Check -214.02 08/25/2022 63542 Hotsy Pacific Co Accounts Payable Outstanding Check -149.00 08/25/2022 63543 Madera Co Auditor/Controller Accounts Payable Outstanding Check -103,658.87 08/25/2022 63544 Mickey Morrison Accounts Payable Outstanding Check -3.70 08/25/2022 63545 Nicholas Palmer Accounts Payable Outstanding Check -1,365.59 08/25/2022 63546 ODP Business Solutions, LLC Accounts Payable Outstanding Check -38.01 08/25/2022 63547 PacWest Direct Accounts Payable Outstanding Check -687.92 08/25/2022 63548 Samantha Gutierrez Accounts Payable Outstanding Check -1,804.55 08/25/2022 63549 The Sand Trap Bar & Grill Accounts Payable Outstanding Check -1,141.88 08/25/2022 63550 U.S. Bank (PARS) Accounts Payable Outstanding Check -147.28 08/25/2022 63551 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -49,526.47 Bank Account 200650906 Total: (203) -1,205,821.67
Report Total: (203) -1,205,821.67
Bank Transaction Report Issued Date Range: -
9/6/2022 10:10:51 AM Page 6 of 6
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 203 -1,205,821.67
Report Total: 203 -1,205,821.67
Cash Account Count Amount
**No Cash Account** 2 0.00
999 999-0100-0215 Cash In Bank 201 -1,205,821.67
Report Total: 203 -1,205,821.67
Transaction Type Count Amount
Check 197 -1,297,498.85
Check Reversal 6 91,677.18
Report Total: 203 -1,205,821.67
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 13, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Authorizing Continued Use of Remote Teleconferencing Provisions Pursuant to AB 361 and Government Code Section 54953
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopt a resolution authorizing the continued use of remote teleconferencing provisions pursuant to AB 361 and Government Code section 54953.
BACKGROUND:
On September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances:
(A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; or (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
REASON FOR RECOMMENDATION:
In order for the City Council to continue use of teleconferencing as allowed by AB 361, it must first adopt the resolution allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days. In addition, AB 361 requires the City to continue to make specified findings every thirty (30) days thereafter. The last time this was presented on the agenda was August 23, 2022.
FISCAL IMPACT:
None foreseen at time of report.
ALTERNATIVES:
Not adopt the resolution and revert to the original Brown Act rules for posting agendas when a member of the council remotely joins a City Council meeting.
ACTIONS FOLLOWING APPROVAL:
Continue to place the item on the City Council meeting agenda every 30-days to continue with the AB361 guidelines without disruption.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING CONTINUED USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361 AND GOVERNMENT CODE SECTION 54953)
WHEREAS, the City Council of the City of Chowchilla (“City Council”) is committed to open and transparent government, and full compliance with the Ralph M. Brown Act (“Brown Act”); and WHEREAS, the Brown Act generally requires that a public agency take certain actions in order to use teleconferencing to attend a public meeting virtually; and WHEREAS, the City Council recognizes that a local emergency persists due to the worldwide COVID-19 pandemic; and
WHEREAS, the California Legislature has recognized the ongoing state of emergency due to the COVID-19 pandemic and has responded by creating an additional means for public meetings to be held via teleconference (inclusive of internet-based virtual meetings); and WHEREAS, on September 16, 2021, the California legislature passed Assembly Bill (“AB”) 361, which amends Government Code, section 54953 and permits a local agency to use teleconferencing to conduct its meetings in any of the following circumstances: (A) the legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; (B) the legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; or (C) the legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
WHEREAS, in order for the City Council to use teleconferencing as allowed by AB 361 after October 1, 2021, it must first adopt findings in a resolution, allowing the City Council to conduct teleconferenced meetings for a period of thirty (30) days; and WHEREAS, Governor Gavin Newsom declared a state of emergency for the State of California due to the COVID-19 pandemic in his order entitled “Proclamation of a State of Emergency,” signed March 4, 2020; and/or
WHEREAS, the California Occupational and Safety Health Administration (OSHA) continues to recommend certain social distancing requirements, as described in detail in California Code of Regulations Title 8, section 3205 Covid Prevention; and/or WHEREAS, Madera County Health Officer, Dr. Simon Paul issued a letter on October 8, 2021 recommending physical distancing measures by way of utilizing teleconferencing options for public meetings to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 virus; and
WHEREAS, on August 23, 2022; August 9, 2022; July 12, 2022; June 14, 2022; May 24, 2022; May 10, 2022; April 12, 2022; March 22, 2022; March 8, 2022; February 8, 2022; January 11, 2022; December 14, 2021; November 23, 2021; and October 26, 2021, the City Council continued use of the remote teleconferencing provisions originally adopted on September 28, 2021; and
WHEREAS, the City Council hereby finds that the state and local emergencies have caused and will continue to cause imminent risks to the health or safety of attendees; and WHEREAS, the City Council is conducting its meetings through the use of telephonic and internet-based services so that members of the public may observe and participate in meetings and offer public comment.
NOW THEREFORE, BE IT RESOLVED, that the recitals set forth above are true and correct and fully incorporated into this Resolution by reference.
BE IT FURTHER RESOLVED, that the City Council is conducting meetings during a state of emergency and the County of Madera and OSHA recommend measures to promote social distancing.
BE IT FURTHER RESOLVED, that the City Council has determined that given the state of emergency, holding in-person only meetings would present imminent risks to the health or safety of attendees.
BE IT FURTHER RESOLVED, that the actions taken by the City Council through this resolution shall be applied to all City Commissions and Committees governed by the Brown Act unless otherwise desired by that Commission/Committee.
BE IT FURTHER RESOLVED, the City Council authorizes the City Manager or their designee(s) to continue to take all actions necessary to conduct City Council meetings in accordance with AB 361 and Government Code section 54953(e) and all other applicable provisions of the Brown Act, using teleconferencing for a period of thirty (30) days from the adoption of this Resolution after which the City Council will again reconsider the circumstances of the state of emergency.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of September, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 3.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 13, 2022
AGENDA SECTION: Consent
SUBJECT: Second Reading with the Option to Waive the Second Reading of a City Council Ordinance Approving an Ordinance Authorizing the Levy of Special Taxes in a Community Facilities District PREPARED BY: Mark Hamilton Director of Community & Economic Development ATTACHMENTS: 1. Ordinance of the City Council Authorizing the Levy of Special Taxes.
2. Draft – CEQA Notice of Exemption
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends the City Council waive the Second Reading and approve the Ordinance Authorizing the Levy of Special Taxes formation for the boundary area described as Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services).
BACKGROUND:
The City of Chowchilla formed Community Facilities District No. 2006-1 (“CFD 2006-1”) in October 2006 to provide funding for, among other things, additional police services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance needed as a result of new development within the City. Three distinct development projects are included in the CFD 2006-1 boundary.
As the cost of providing service has increased over time, the City contracted with NBS to prepare a Fiscal Impact Analysis to determine if the special taxes within CFD 2006-1 are commensurate with the cost of providing services to new development. That Fiscal Impact Analysis estimates the amount of revenue the City receives for ongoing services as a result of new development and compares that to the cost of providing public safety services. The result indicates that the rates established with CFD 2006-1 (as escalated pursuant to the methodology) are not sufficient to offset the negative fiscal impact for specific development types.
To implement the rates calculated by the Fiscal Impact Analysis, the formation of Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (“CFD 2022-1”) is presented for consideration.
CFD 2022-1 is contemplated to be used going forward as the funding mechanism for public safety and maintenance services for new development in the City. CFD 2006-1 would remain in place and those parcels that are within the boundaries of CFD 2006-1 would remain subject to CFD 2006-1 special taxes.
REASON FOR RECOMMENDATION:
The formation of CFD 2022-1 will allow the City the levy special taxes on parcels within or that annex into in the future to fund public safety and maintenance services, as specified in Exhibit B to the Resolution of Intention adopted by the City Council on June 28, 2022.
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). The establishment of CFD 2022-1 is exempt per the California Environmental Quality Act Section 15273 (Rates, Tolls, Fares, and Charges) because the establishment of CFD 2022-1, CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of: (1) Meeting operating expenses, including employee wage rates and fringe benefits, (2) Purchasing or leasing supplies, equipment, or materials, (3) Meeting financial reserve needs and requirements, (4) Obtaining funds for capital projects, necessary to maintain service within existing service areas, or (5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter.
FISCAL IMPACT:
The owner of the property proposed for inclusion in CFD 2022-1 have been invoiced by the City for the costs to form the proposed CFD 2022-1, including the cost of the special tax consultant. If CFD 2022-1 is formed, the City will annually levy a special tax on the parcels in the CFD to fund the specified public safety and maintenance services, with initial rates as specified in the Rate and Method of Apportionment of Special Tax for the CFD (Exhibit C to the Resolution of Intention), increasing by a maximum of 3% per year. As parcels annex to CFD 2022-1 in the future, their maximum annual special tax rates will be determined at the time they annex to the CFD. Included in the special tax rates are amounts to help offset increased staff time to administer this CFD, along with costs associated with other administration costs anticipated to be incurred by the CFD.
ALTERNATIVES:
If the requested action is not approved, the property could annex into CFD 2006-1; however, the services special taxes levied on the property within CFD 2006-1 would not be sufficient to cover the negative fiscal impacts of this new residential development.
ACTIONS FOLLOWING APPROVAL:
Following the public hearing on the matter, and assuming the owner of the parcels to be initially included in the CFD votes in favor of the formation of the CFD, the City may officially levy special taxes on the property tax roll within the CFD to pay for the authorized services. Additionally, if approved, staff will file the Notice of Exemption in order to comply with CEQA guideline requirements.
ORDINANCE 511-22
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, STATE OF CALIFORNIA, AUTHORIZING THE LEVY
OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT
CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)
WHEREAS, this City Council (the “City Council”) of the City of Chowchilla (the “City”) on June 28, 2022, adopted Resolution No. 51-22 entitled “A Resolution of the City Council of the City of Chowchilla, State of California, Declaring its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) and has conducted proceedings (the “Proceedings”) to establish the City of Chowchilla Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to finance the costs of police protection services, fire protection services, maintenance of roads, parks, streetscapes, and streetlights, and related appurtenances (the “Services”) as provided in the Act; and
WHEREAS, the Resolution of Intention called for a public hearing to be held on August 9, 2022, or as soon thereafter as the matter may be heard; and
WHEREAS, on August 23, 2022, and as part of the Proceedings, this City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the District to finance the Services and, at such hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council, and a full and fair public hearing was held; and
WHEREAS, upon the conclusion of the hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of the City of Chowchilla, State of California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), whereby the City Council (i) established the District, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and WHEREAS, on August 23, 2022, a special election was held among the landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and WHEREAS, the City Council ordered the recordation with the County Recorder of the County of Madera of a Notice of Special Tax Lien (the “Notice”).
THE CITY COUNCIL OF THE CITY OF CHOWCHILLA DOES ORDAIN AS FOLLOWS:
SECTION 1: By the passage of this Ordinance, the City Council hereby authorizes and levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein.
The Special Tax is hereby levied commencing in fiscal year 2022-2023 and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings.
SECTION 2: The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.
SECTION 3: Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.
SECTION 4: All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the Special Tax.
SECTION 5: The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Madera in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Madera for fiscal year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.
SECTION 6: If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District shall not be affected.
SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the City.
SECTION 8: This Ordinance shall become effective thirty (30) days following adoption.
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 23rd day of August, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the 13th day of September, 2022, by the following vote AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: ________________________
JOHN CHAVEZ
Mayor
ATTEST: ________________________
JOANN MCCLENDON
City Clerk
Attachment 2 – Notice of Exemption
REPORT TO THE CITY COUNCIL
Item 3.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 13, 2022
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Authorizing the Purchase of one CATX Van Utilizing the Joint Procurement Process Through the California Association for Transportation (CalACT) and A-Z Bus Sales, Inc. AND Amending the Transit Budget to Reflect Said Purchase
PREPARED BY: Robin Roman, Transit Coordinator
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approves the resolution authorizing the purchase of one CATX van utilizing the joint procurement process through the California Association for Transportation (CalACT) With A-Z, Inc. Bus Sales AND amending the Transit Budget to reflect said purchase.
BACKGROUND:
Approved as Proposition 1B on the November 2006 ballot, the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act includes $4-billion for the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA).
Funds are appropriated to the State Controller’s Office (SCO) for allocation to eligible agencies, with the California Department of Transportation (Caltrans) identified as the administering agency. The SCO identifies and develops the list of eligible project sponsors and the amount each is eligible to receive, based on calculations outlined in SB 88, Statutes of 2007.
PTMISEA funding is available for transit capital projects including, but not limited to, the purchase, replacement or rehabilitation of transit vehicles, such as buses, vans, paratransit vehicles, and rail transit vehicles.
REASON FOR RECOMMENDATION:
Due to the shortage of vehicle chassis and chips, there has been a delay in delivering a bus that was approved for purchase in 2021 with 5339 Funding. Our current bus fleet is nearing its useful life, with one bus slated to go to auction in Ocotber 2022. In addition, the PTMISEA funds must be expended by June 2023.
An opportunity presented itself when it was discovered that we can use PTMISEA funds to purchase an 8- seater paratransit van. Staff reached out to A-Z Bus Sales, Inc. to go over different models that were readily available and they had one that can be delivered to the City in three months, per the sales representative.
Purchasing this van will also help the Transit Department with staffing. We can hire a Transit Driver without all of the required credentials needed to operate a bus.
The budget amendment is for the local match from Measure T funds as it was not budgeted for this van purchase.
Staff is also requesting to use Cal ACT’s contract with A-Z Bus Sales, Inc. The City is a member of CalACT and is entitled to use the joint procurement method.
FISCAL IMPACT:
The PTMISEA award is $61,300 with additional funding from Measure T in the amount estimated to be $36,510.71, to complete the purchase and for upfitting van with equoipment and graphics.
There is no impact on the City’s General Fund.
ALTERNATIVES:
The City is entitled to purchase busses/vans from Cal Act Procurement Agreement; however, the City is able to choose a different method to purchase.
ACTIONS FOLLOWING APPROVAL:
Proceed with the van purchase from A-Z Bus Sales, Inc.
CITY COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE PURCHASE OF ONE CATX VAN UTILIZING THE JOINT
PROCUREMENT PROCESS THROUGH THE CALIFORNIA ASSOCIATION FOR TRANSPORTATION (CALACT) AND A-Z BUS SALES, INC. AND AMENDING THE TRANSIT
BUDGET TO REFLECT SAID PURCHASE
WHEREAS, CATX is in need of an additional bus/van as a previous purchase of a bus is on hold due to the unavailability of bus chassis and microchips and a current bus will be auctioned off in October 2022; and
WHEREAS, A-Z Bus Sales Inc. stated delivery of van can be completed in three months; and
WHEREAS, A-Z Bus Sales, Inc. has an Agreement with the California Association for Transportation (CalACT) for a joint procurement process; and, WHEREAS, the City has decided to use the remaining PTMISEA funds for the purchase of a paratransit van; and
WHEREAS, in order to complete the purchase, Measure T funds are needed; and WHEREAS, staff requests that funds be budgeted in FY 2022/23 for the purchase of the one new van.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The recitals above are true and correct.
2. The City Council authorizes staff to proceed with the procurement process of one new CATX van through the joint procurement process with A-Z Bus Sales, Inc. and CalACT.
3. The City Administrator or designee is authorized to sign all related documents thereto.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of September, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 4.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 13, 2022
AGENDA SECTION: Public Hearing
SUBJECT: Introduction for 1st Reading – Recommendation to approve Development Agreement 22-0009 for the Legacy Ranch Vesting Tentative Subdivision Map Tract 05-0029
PREPARED BY: Annalisa Perea, AICP, Contract City Planner Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: 1. Ordinance
2. Development Agreement
3. Notice of Exemption
4. Public Hearing Notice
REVIEWED BY
DIRECTOR ☒ REVIEWED BYCITY ATTORNEY ☒ REVIEWED BY ADMINISTRATOR ☒ RECOMMENDATION:
The Planning Commission at their August 17, 2022 meeting, voted unanimously that the City Council approve Development Agreement 22-0009 for the Legacy Ranch Vesting Tentative Subdivision Map (VTSM) Tract 05-0029 located on APNs 002-300-002, 03, 04, and 05 in Chowchilla, CA.
BACKGROUND:
TH Holdings has submitted a request to approve a Development Agreement for the Legacy Ranch VTSM.
The VTSM was originally approved by the Chowchilla City Council on February 13, 2006. The Project is a residential/commercial development known as Legacy Ranch which consists of 621 residential lots and specified commercial lots. Due to unforeseen circumstances, including the housing recession, the build out of the Legacy Ranch Project has yet to occur. Among other items, through this Development Agreement, the Applicant is requesting a 5-year agreement term for the Development Agreement.
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 zoned Medium-Density Residential (R-M-5), Neighborhood Commercial (C-N), Light Industrial (I-L), and Public Facility (PF), and has a conforming General Plan designation respectively for each separately zoned area of the Project site. The proposed Development Agreement would provide a framework for the future development of the Legacy Ranch 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.). The Project was originally included as part of the Annexation One Mitigated Negative Declaration which was approved by the Chowchilla City Council. The proposed Project is consistent with the project description described in Annexation One and there are no project amendments as part of this Development Agreement that would require additional environmental review beyond a Notice of Exemption.
REASON FOR RECOMMENDATION:
At their August 17, 2022 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 22-0009.
2. Direct staff to work with the Applicant to make specific changes to the Development Agreement prior to bringing 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 # 512-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA APPROVING DEVELOPMENT AGREEMENT 22-0009 FOR THE LEGACY VESTING TENTATIVE SUBDIVISION MAP
WHEREAS, a Development Agreement application has been submitted by TH Holdings for the Legacy Ranch Vesting Tentative Subdivision Map (VTSM) Project located at APNs 002-300-002, 03, 04, and 05 in Chowchilla, CA; and,
WHEREAS, the Legacy VTSM was originally approved by the Chowchilla City Council on February 13, 2006; and,
WHEREAS, the Development Agreement was found to be consistent with the City’s General Plan; and,
WHEREAS, among other items, the Development Agreement would set forth a 5-year agreement term; and,
WHEREAS, the Legacy Ranch VTSM was originally included as part of the Annexation One Mitigated Negative Declaration analysis and the Development Agreement was analyzed under CEQA guidelines where it was determined no additional CEQA analysis would be required; and, WHEREAS, at their August 17, 2022 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 September 13, 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 22-0009 is approved for the Legacy Vesting Tentative Subdivision Map in the City of Chowchilla, County of Madera, State of California, to wit:
DEVELOPMENT AGREEMENT:
See the attached Attachment A.
To approve Development Agreement 22-0009 for the Woodcrest Vesting Tentative Subdivision Map.
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 512-22 was duly introduced for the first reading on September 13, 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
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
Space Above For Recorder’s Use
No Recorder’s Fee
APN: 002-300-002, 002-300-003
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF CHOWCHILLA
AND
TH HOLDINGS, INC.
RELATING TO THE LEGACY RANCH
RESIDENTIAL AND COMMERICAL DEVELOPMENT
_____________ __, 2022
THIS DOCUMENT, EXCLUDING ITS TABLE OF CONTENTS BUT INCLUDING EXHIBITS, TOTALS ____ PAGES. EACH PAGE IS NUMBERED SEQUENTIALLY. 1
TABLE OF CONTENTS
Page
R E C I T A L S .................................................................................................................... 1 ARTICLE 1
GENERAL PROVISIONS .................................................................................................. 2 Section 1.1. The Project ........................................................................................... 2 Section 1.2. Subject Property ................................................................................... 2 Section 1.3. Definitions ............................................................................................ 2 (a) Adopting Ordinance ......................................................................... 2 (b) Assumption Agreement .................................................................... 3 (c) CEQA ............................................................................................... 3 (d) Certificate of Occupancy ................................................................. 3 (e) Collective Standards ........................................................................ 3 (f) City ................................................................................................... 3 (g) Developer ......................................................................................... 3 (h) Director ............................................................................................ 3 (i) Effective Date .................................................................................. 3 (j) Existing Land Use Regulations ........................................................ 3 (k) General Plan ..................................................................................... 3 (l) Landowner ....................................................................................... 3 (m) Current Project Entitlements ............................................................ 3 (n) Project .............................................................................................. 4 (o) Subject Property ............................................................................... 4 Section 1.4. Exhibits ................................................................................................ 4 Section 1.5. Incorporation of Recitals ...................................................................... 4 Section 1.6. Parties to Agreement ............................................................................ 4 (a) The City ............................................................................................ 4 (b) Developer. ........................................................................................ 4 (c) Landowner ....................................................................................... 4 Section 1.7. Project is a Private Undertaking ........................................................... 4 Section 1.8. Term of Agreement .............................................................................. 5 Section 1.9. Priority of Enactment ........................................................................... 5 Section 1.10. Assignment and Assumption ............................................................. 5 Section 1.11. Covenants Running With the Land .................................................... 5 Section 1.12. Amendment to Agreement (Developer and City) .............................. 5 Section 1.13. Reserved Discretionary Approvals .................................................... 6 ARTICLE 2
PROJECT DEVELOPMENT .............................................................................................. 6 Section 2.1. Vested Right to Develop ...................................................................... 6 Section 2.2. Permitted Uses and Development Standards ....................................... 7 Section 2.3. Life of Tentative and Parcel Maps ....................................................... 7 Section 2.4. Amendments ........................................................................................ 7 i
Section 2.5. No Conflicting Enactments..................................................................7 Section 2.6. Changes to Existing Land Use Regulations.........................................8 Section 2.7. Application, Processing and Inspection Fees.......................................9 Section 2.8. Timing of Development.......................................................................9 Section 2.9. Obligation and Rights of Mortgage Lenders......................................10 ARTICLE 3
ENTITLEMENT AND PERMIT PROCESSING, INSPECTIONS..................................10 Section 3.1. City Approvals...................................................................................10 Section 3.2. Duty to Grant and Implement ............................................................10 Section 3.3. Timely Processing..............................................................................10 Section 3.4. Provisions for Improvements.............................................................11 Section 3.5. Other Fee............................................................................................11 Section 3.6. Acquisition of Necessary Real Property Interests..............................11 Section 3.7. Dedications.........................................................................................11 Section 3.8. Reimbursements for Oversizing........................................................ 11 ARTICLE 4
DEFAULT .........................................................................................................................13 Section 4.1. General Provisions.............................................................................13 Section 4.2. Annual Review...................................................................................14 Section 4.3. Estoppel Certificates..........................................................................14 Section 4.4. Developer Default Limited to Property/Entity; Separate Obligations of Owners...................................................................14 Section 4.5. Default by City...................................................................................14 Section 4.6. Cumulative Remedies of Parties........................................................15 Section 4.7. Forced Delay, Extension of Times of Performance...........................15 ARTICLE 5
TERMINATION................................................................................................................15 Section 5.1. Termination Upon Completion of Development ...............................15 Section 5.2. Effect Upon Termination on Developer Obligations.........................15 Section 5.3. Effect Upon Termination on City ......................................................15 ARTICLE 6
STANDARD PROVISIONS .............................................................................................16 Section 6.1. Notices ...............................................................................................16 Section 6.2. Recordation of Agreement.................................................................16 Section 6.3. Applicable Law..................................................................................16 Section 6.4. Invalidity of Agreement/Severability.................................................16 Section 6.5. Third Party Legal Challenge ..............................................................16 Section 6.6. Covenant of Good Faith and Fair Dealing.........................................17 Section 6.7. Cooperation in Project Implementation .............................................17 ii
Section 6.8. Standard Terms and Conditions.........................................................17 (a) Venue.............................................................................................17 (b) Waiver............................................................................................18 (c) Completeness of Instrument ..........................................................18 (d) Supersedes Prior Agreements........................................................18 (e) Captions.........................................................................................18 (f) Number and Gender.......................................................................18 (g) Mandatory and Permissive ............................................................18 (h) Term Includes Extensions..............................................................18 (i) Successors and Assigns .................................................................18 (j) Modifications.................................................................................18 (k) Counterparts...................................................................................19 (l) Other Documents...........................................................................19 (m) Partial Invalidity ............................................................................19 (n) Controlling Law.............................................................................19 (o) Time is of the Essence ...................................................................19 (p) Authority........................................................................................19 (q) Document Preparation ...................................................................19 (r) Advice of Legal Counsel ...............................................................19 (s) Attorneys Fees and Costs...............................................................19 (t) Time Periods..................................................................................20 iii
DEVELOPMENT AGREEMENT BY AND BETWEEN
THE CITY OF CHOWCHILLA AND TH HOLDINGS, LLC RELATING TO THE
LEGACY RANCH
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 TH HOLDINGS, LLC, a California limited liability company (“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 05-0029 previously approved by City Council Resolution No. _______________on_______________, a copy of which map is attached hereto in Exhibit B (the “Vesting Tentative Subdivision Map”) and all other rights, entitlements, and conditions of approval set forth in City Council Resolution No. which is attached hereto in Exhibit C (“Conditions of Approval”), including, but not limited to, the Annexation One Initial Study and the Mitigated Negative Declaration prepared for the Project; and (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.
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 Legacy Ranch which presently has 627 residential lots and specified commercial lots 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 TH Holdings Inc..
Relative to the Legacy Ranch 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 TH Holdings Inc, a California corporation 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 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.
(n) 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.
(o) 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.
(p) Subject Property means that certain parcel(s) of real property located in the City of Chowchilla and County of Madera and identified as Assessor’s Parcel Numbers 002-300-002 and 002-300-003, which is legally shown on Exhibit A (the "Subject Property").
Section 1.4. Exhibits. Exhibits to this Agreement are as follows:
Exhibit B Vesting Tentative Subdivision Map
Exhibit C Conditions of Approval
Section 1.5. Incorporation of Recitals. Recitals 1 through 11 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. TH Holdings, Inc.. which has a legal interest in the Subject Property and whose principal office for the purpose of this Agreement is:
TH Holdings Inc.
1850 Mt. Diablo Boulevard , Suite 440
Walnut Creek, CA 94596
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.
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 C) 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 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.
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 and segregated at the time of final approval for each phase.
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 acceptance of all developer constructed public improvements, a comprehensive general liability policy in the amount of Two Million Dollars ($2,000,000) 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.
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, 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 2.9. 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 2.7. 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 2.8. 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 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 2.9. 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.
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. Public Improvements. Omitted.
Section 3.5. Omitted.
Section 3.6. Development Impact Fees. Developer shall be responsible for the payment of the Development Impact Fees required by the Project Entitlements. The Development Impact Fees shall be paid to the City concurrent with issuance by the City of a certificate of occupancy for each structure within that portion of the Project Area being developed by Master Developer or an Owner. The City may refuse to issue a certificate of occupancy for any structure within the Project Area for which the Development Impact Fees have not been paid. , and set forth below, at the lesser of (i) the rate of such fees as of the date of approval of the Vesting Tentative Subdivision Map. The parties hereby acknowledge and agree that the Development Impact Fees are (i) substantially similar to the citywide development impact fees in both purposes and amounts, and (ii) intended to be a complete and absolute substitution for the payment of any citywide development impact fees or any additional development impact fees imposed by the City throughout the Term of this Agreement. 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 3.7. Road Development Impact Fee. The Road Impact Fee included within 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 3.8. 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 3.9. 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 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 3.10. 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 3.11. 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.
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 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 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.
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 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 Article 3 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.
(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. (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:
TH Holdings, LLC
By:
______________, its
Exhibit A – APN Map
Exhibit B – Vesting Tentative Subdivision Map
Exhibit C – Conditions of Approval – PC Resolution No. 07-06 ATTACHMENT 3 – Notice of Exemption
ATTACHMENT 4 – Public Hearing Notice
City Council Meeting
NOTICE OF A PUBLIC HEARING
Request to Approve Development
Agreement #22-0009 & Notice of Exemption for Legacy Vesting Tentative Map Tract 05-0029 APNs 002-300-002, 03, 04, and 05
in Chowchilla, CA 93610
Notice is hereby given that the City Council of the City of Chowchilla, California, will hold a public hearing on Tuesday, September 13, 2022 at 7:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza, to consider a request by TH Holdings, Inc. to approve Development Agreement #22-0009 and the accompanied Notice of Exemption for the Legacy Vesting Tentative Map located at APNs 001- 200-002, 03, 04, and 05.
All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposed actions listed above. This meeting will be open to the public andavailable to watch and participate remotely through Zoom.
Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA93610, and to the attention of Mark Hamilton, Director of Community and Economic Development. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the City Council at, or prior to, the Public Hearing.
Mark Hamilton
Director of Community & Economic Development Department(559) 665-8615 ext. 400 [email protected]
REPORT TO THE CITY COUNCIL
Item 4.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: September 13, 2022
AGENDA SECTION: Public Hearing
SUBJECT: Consideration and Adoption of a City Council Resolution Approving Tentative Subdivision Map #22-0006 Along With the Notice of Exemption PREPARED BY: Annalisa Perea, AICP, Contract City Planner Mark Hamilton, Community and Economic Development Director ATTACHMENTS: 1. Conditions of Approval
2. Tentative Subdivision Map #22-0006
3. Notice of Exemption
4. Public Hearing Notice
5. Signed Planning Commission Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY DIRECTOR ☒ RECOMMENDATION:
At their August 17, 2022 meeting, the Planning Commission voted to adopt a resolution recommending that the City Council approve Tentative Subdivision Map #22-0006 Block 4 of the Rancho Calera Specific Plan along with the Notice of Exemption.
BACKGROUND:
Rancho Calera, LLC has submitted a Tentative Subdivision Map (TSM) application to move forward with the build out of Block 4 of the Rancho Calera Specific Plan for APNs 014-010-012 and 14, and 014-270- 004. The Block 4 TSM #22-0006 consists of 79 residential lots and 2 green open space outlots on 11.3 acres. The site is located along Robertson Boulevard between Genoa Lake Way and N. Fig Tree Boulevard. Ronald Reagan Elementary School is located north of the site. The lots range in size from 6,000 square feet to 13,824 square feet.
Rancho Calera is an overall 561-acre adopted master planned community east of SR 99 within the City of Chowchilla. The Project site lies approximately one-half mile east of Chowchilla’s City Center, a mile northeast of the Chowchilla Municipal Airport, and immediately northeast of the East Robertson Boulevard and Highway 99 interchange (Attachment 1 and 2).
The Project site is bordered to the north by Ash Slough, to the west by HWY 99, and is bordered on the south by East Robertson Boulevard, south of which is the Greenhills Estates residential community and Pheasant Run Golf Course. Year-around agricultural production is located to the east of the Project site.
The Rancho Calera Specific Plan, an Environmental Impact Report, a Statement of Overriding Consideration, and a Mitigation and Monitoring Reporting Program for the Rancho Calera Project were approved by the Chowchilla City Council on May 2, 2011. The approved Rancho Calera Project is a planned residential community, consisting of a mixture of residential, commercial, and civic land uses with a projected build-out population of approximately 6,000 residents. The approved Project contains 576 acres with 2,042 residential units and approximately 495,000 square feet of commercial space. The Specific Plan includes a community park, school facilities, the Rancho Calera Riverwalk, and promenades.
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). The Rancho Calera Specific Plan, an Environmental Impact Report, a Statement of Overriding Consideration, and a Mitigation and Monitoring Reporting Program (MMRP) for the Rancho Calera Project were approved by the Chowchilla City Council on May 2, 2011. A Mitigated Negative Declaration (MND) and MMRP was prepared and adopted for the revised Rancho Calera Specific Plan pursuant to CEQA Guidelines on December 9, 2021. It was determined that all potential impacts were able to be reduced to a level of less than significant with the incorporation of applicable mitigation measures.
The Block 4 TSM is consistent with the revised Specific Plan, along with the City’s General Plan, and thereby qualifies for CEQA Exemption pursuant to CEQA Guidelines section 15182 since the proposed Block 4 TSM is a residential project that would implement an approved specific plan.
REASON FOR RECOMMENDATION:
The Block 4 TSM #22-0006 is consistent with the City’s General Plan and the Rancho Calera Specific Plan. Build out of Block 4 would assist the City with meeting their Housing Element goals for the construction of more housing in the City.
FISCAL IMPACT:
None.
ALTERNATIVES:
The City Council can:
1. Deny TSM #22-0006.
2. Table TSM #22-0006 and recommend changes for Applicant consideration.
ACTIONS FOLLOWING APPROVAL:
The Notice of Exemption will be filed with the Madera County Clerk for CEQA compliance.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING TENTATIVE SUBDIVISION MAP #22-0006 ALONG WITH THE NOTICE OF
EXEMPTION AS SET FORTH IN THIS RESOLUTION
WHEREAS, a Tentative Subdivision Map application has been submitted by Rancho Calera, LLC to build out Block 4 of the Rancho Calera Specific Plan; and, WHEREAS, the site is located along Robertson Boulevard between Genoa Lake Way and N. Fig Tree Boulevard with Ronald Reagan Elementary School located north of the site; and, WHEREAS, Tentative Subdivision Map 22-0006 consists of 79 residential subdivision lots and 2 green open space lots on 11.3 acres; and,
WHEREAS, the lots range in size from 6,000 square feet to 13,824 square feet; and, WHEREAS, pursuant to CEQA Guidelines section 15182, a Notice of Exemption has been prepared for this Project since the proposed Block 4 TSM is a residential project that would implement an approved specific plan; and,
WHEREAS, the Project is subject to the adherence to the applicable mitigation measures as part of previously approved CEQA documents, as well as the approved Development Agreement for the Rancho Calera Specific Plan; and,
WHEREAS, adherence to the proposed conditions of approval would eliminate any potential for unintended negative impacts; and,
WHEREAS, at their August 17, 2022 meeting, the Planning Commission voted to adopt a resolution recommending that the City Council approve Tentative Subdivision Map #22-0006 Block 4 of the Rancho Calera Specific Plan along with the Notice of Exemption; and, WHEREAS, this public hearing was duly noticed for the September 13, 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, NOW, THEREFORE, the City Council of the City of Chowchilla does hereby resolve to approve Tentative Subdivision Map #22-0006 along with the accompanied Notice of Exemption, and the conditions of approval as set forth in Attachment 1.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of September, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon
City Clerk
ATTACHMENT 1 – Conditions of Approval
A. Planning General
1. The developer shall be responsible for payment of any outstanding invoices prior to recordation of the Final Map for Tentative Subdivision No. 22-0006.
2. The developer shall be responsible for coordination and payment of any school impact fees directly to the school districts. The developer shall submit proof of payment prior to issuance of building permits.
3. The developer would be responsible for coordinating directly with the San Joaquin Valley Air Pollution Control District to determine whether the project would be subject to any district rules or regulations.
4. This project would be subject to, but not necessarily limited to, Rule 9510 (Indirect Source Review) and Regulation VIII (Dust Control), as it’s within the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The developer shall consult with the SJVAPCD to determine what Rules and Regulations would be applicable for this project and shall furnish the City with that determination from the air district.
5. The developer shall adhere to all provisions as set forth in the Development Agreement.
6. Construction hours shall be limited to Monday to Saturday from 7:00 AM to 6:00 PM.
7. If approved, Tentative Subdivision Map No. 22-0006 would remain in effect for the duration established in the development agreement. Any extensions of the Tentative Map life would have to be done in accordance with Section 17.20.130 of the City’s Municipal Code and in accordance with the Rancho Calera Development Agreement.
8. All future residential and commercial development proposals within Rancho Calera shall be subject to separate review and approvals. Said entitlements are to be consistent with the adopted Rancho Calera Specific Plan, Rancho Calera Residential Design Guidelines, Rancho Calera Commercial Design Guidelines, and the Mitigation Monitoring and Reporting Program. To the extent the foregoing are silent on an issue, the applicable provisions of the Chowchilla Municipal Code, the City Standard Specifications, and the State Subdivision Map Act shall control.
9. Prior to the commencement of any work within the City of Chowchilla, the general contractor and all sub-contractors shall obtain a business license from the Community & Economic Development Department and will be required to provide verification of insurance for Worker’s Compensation, General Liability, and Automobile for the construction period of projects in accordance to the City Standard Specifications.
10. Prior to issuance of a Certificate of Occupancy, the City will review these conditions to ensure the Applicant has fully complied with them.
11. The developer shall adhere to all CEQA mitigation measures as listed in the Project’s Mitigation and Monitoring Reporting Program from the Environmental Impact Report prepared for the Project and adopted on May 2, 2011, and the Mitigation and Monitoring Reporting Program from the Mitigated Negative Declaration prepared for the Project and adopted on December 12, 2021, including all conditions of approval previously approved for the Project.
B. Maps and Plans
12. The builder shall have a final tract map prepared, in the form prescribed by the Subdivision Map Act and City of Chowchilla Municipal Code, by a registered civil engineer or licensed land surveyor. The final tract map shall be submitted to the City of Chowchilla, and shall include, but not be limited to, final tract map, drawn at a scale of 1"=100', the current filing fee, closure calculations, current preliminary title report, and legal descriptions and drawings of required dedications. Upon approval of the final tract map, builder shall submit one (1) reproducible/electronic copy (PDF) to the City Engineer.
13. The builder shall submit to the City of Chowchilla Engineering Department, a set of construction plans on 24" x 36" sheets for all required improvements. These plans shall be prepared by a registered civil engineer, and shall include a site grading and drainage plan and an overall site utility plan showing locations and sizes of sewer, water, and storm drain mains, laterals, manholes, meters, valves, hydrants, inlets, etc. All applicable plan check and inspection fees shall be paid with the first submittal of plans. All plans shall be approved by the City and all other involved agencies prior to the release of any development permits.
14. Prior to the initial submittal of the improvement plans, the builder shall contact the City Engineer to setup a Pre-Submittal Meeting. Builder’s engineer is required to attend.
15. Prior to beginning any construction, or within twenty (20) calendar days after the approved plans are released by the City, the builder shall submit to the City of Chowchilla Engineering Department one (1) reproducible/electronic copy (PDF) and two (2) black line copies of the approved set of construction plans, and two (2) bound sets of the approved construction specifications, if any.
16. Within twenty (20) calendar days after all improvements have been constructed and accepted by the City, the builder shall submit to the City of Chowchilla Engineering Department one (1) reproducible/electronic copy (PDF) and (2) black line copies of the approved set of construction plans revised to reflect all field revisions and marked "AS-BUILT" for review and approval. Pad Certification(s) will be required prior to construction of any structure on a lot.
C. General
17. The builder shall comply with all conditions set forth in Title 17 of the Chowchilla Municipal Code (Subdivisions), the requirements and guidelines set forth in the Rancho Calera Specific Plan, including the Residential Design Guidelines and the Commercial Design Guidelines, and the terms and conditions set forth in the Development Agreement by and between the City of Chowchilla and Rancho Calera, LLC, relative to the Development known as Rancho Calera.
18. Per the terms of the Development Agreement, all maps and plans must be approved by the Master Developer. Builder is advised to seek Developer approval of all maps and plans prior to formal submission of the same to the City.
19. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements and other exactions. Pursuant to Section 66020(d) of the Government Code, these conditions constitute written notice of the amount of such fees, and a description of the dedications, reservations and other exactions. The applicant is hereby notified that the 90- day protest period, commencing from the date of approval of the project, has begun. If the applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exactions contained in this notice, complying with all the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
20. Applicant shall pay all applicable development impact fees set forth in the Development Agreement concurrent with issuance of a certificate of occupancy for each dwelling unit or commercial structure. The builder may be eligible for fee credits or fee reimbursements for oversizing of facilities or construction of other eligible facilities included in the City of Chowchilla’s Impact Fee Study. The City Engineer will determine the type and extent of improvements that are eligible for fee credits or reimbursements.
21. The builder shall furnish security in a sum to be determined by the City Engineer, prior to final acceptance of the off-site improvements by the City, for the guarantee and warranty of the improvements for a period of one (1) year following the completion and acceptance thereof by the City Council.
22. The builder shall submit a soils report or a waiver of soils report for approval by the City Engineer with the first submittal of the improvement plans.
23. The builder shall comply with all the requirements of the local utility (gas and electric), telephone, cable, and other communication companies. It shall be the responsibility of the builder to notify the local utility, telephone, cable, and other communication companies to remove or relocate utility poles where necessary. The City will not accept first submittal of improvement plans without proof that the builder has provided the improvement plans and documents showing all proposed work to the utility, telephone, cable, and other communication companies.
24. The builder shall contact and address all requirements of the United States Postal Service for the location and type of mailboxes to be installed. The location of the facilities shall be approved by the City Engineer prior to approval of improvement plans or any construction. Builder shall submit a copy of the Method of Delivery Agreement (MODA) to the City.
25. The builder shall comply with, and be responsible for obtaining encroachment permits from the City of Chowchilla for all work performed within the City's right-of-way and easements.
26. The builder shall install all improvements within public right-of-way and easements in accordance with the Rancho Calera Specific Plan, the City of Chowchilla standards, specifications, master plans, and record drawings.
27. The builder shall address all Caltrans requirements. The builder will be required to mitigate impacts to State Highways as determined by Caltrans and the City Engineer. Builder shall be responsible for obtaining encroachment permits from Caltrans for all work within the State rightof-way.
28. All existing overhead and any new utility facilities located on-site, within alleys, and within the street right-of-way or easements along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the City Engineer, or as set forth in the Project’s Development Agreement.
29. The builder shall provide and pay for all compaction testing required by the City Engineer.
Compaction test locations and depths shall be established by the City Engineer. Compaction test results shall be submitted to the City Engineer, in a format acceptable to the City Engineer, for review and approval.
30. If the overall development is to be built in phases, then each phase shall have adequate access as required by the City of Chowchilla Police and Fire Departments, and the City Engineer. The builder shall submit a schedule showing the sequence of development within the area covered by the tentative map.
31. During the site construction, any public streets fronting the project shall be kept clear of any construction or landscaping debris and shall not be used as a storage area for equipment, materials, or other items.
32. In order to provide for reasonable municipal protection during all phases of construction, the builder shall maintain pedestrian and vehicular access to all surrounding properties and buildings to the satisfaction of the City of Chowchilla Police and Fire Department, and City Engineer.
33. The builder shall be responsible for all actions of his contractors and subcontractors during the course of any work occurring on the site. The builder shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the builder. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on Block 4. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the builder or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the builder's representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the builder's expense.
34. The builder shall take all responsibility for his contractors and shall not allow them to work on, place debris on, store supplies or equipment on, or in any other way encroach upon any other properties without the written permission of such property owners. In the event other properties are encroached upon without written permission, work shall be automatically shut down until resolved.
B. Dedications and Street Improvements
35. The builder shall provide right-of-way acquisition or dedicate free and clear of all encumbrances and/or improve the following streets to City/Rancho Calera Specific Plan standards:
a) South Lake Tahoe Drive (Rancho Calera Street Designation: Collector): N. Genoa Lake Way. to west of Public Street ‘A’.
i) Dedicate 80’ for public street and utility purposes. ii) Construct improvements in accordance with Rancho Calera Collector Street Standard, as shown in Rancho Calera Specific Plan and on Tentative Map. Improvements shall include curb and gutter, sidewalk, drive approaches, curb ramps, street lights, landscaping and irrigation, and permanent paving.
b) Genoa Lake Way (Rancho Calera Street Designation: Collector): East Robertson Blvd to South Lake Tahoe Dr.
i) Dedicate 62’ east of centerline for public street and utility purposes. ii) Construct improvements in accordance with Rancho Calera Collector Street Standard, as shown in Rancho Calera Specific Plan and on Tentative Map. Improvements shall include curb and gutter, sidewalk, curb ramps, street lights, landscaping and irrigation, permanent paving, and sound wall.
c) 80’ Interior Residential Street (Rancho Calera Street Designation: Local): Public Street ‘A’, Fallen Leaf Way
i) Dedicate 80’ for public street and utility purposes. ii) Construct improvements in accordance with Rancho Calera Local Street Standard, as shown in Rancho Calera Specific Plan and on Tentative Map. Improvements shall include curb and gutter, sidewalk, raised median, drive approaches, curb ramps, street lights, landscaping and irrigation, and permanent paving. d) 56’ Interior Residential Street (Rancho Calera Street Designation: Local): Public Street ‘B’ thru ‘F’
i) Dedicate 56’ for public street and utility purposes. ii) Construct improvements in accordance with Rancho Calera Local Street Standard, as shown in Rancho Calera Specific Plan and on Tentative Map. Improvements shall include curb and gutter, sidewalk, drive approaches, curb ramps, street lights, landscaping and irrigation, and permanent paving.
e) 20’ Interior Residential Street (Rancho Calera Street Designation: Local): Public Street ‘G’ i) Dedicate 20’ for public street and utility purposes. ii) Construct improvements in accordance with Rancho Calera Local Street Standard, as shown in Rancho Calera Specific Plan and on Tentative Map. Improvements shall include curb and gutter and permanent paving.
f) North Fig Tree Blvd (Rancho Calera Street Designation: Collector): East Robertson Blvd to South Lake Tahoe Dr.
i) Dedicate additional 5’ for sound wall on west side of road.
36. Builder shall dedicate an 8’ or 10’ public utility easement (width as required by affected utility companies) along all streets and all other locations requested by utility companies. Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer.
37. Builder shall provide a preliminary title report, legal description, and drawings for all dedications required which are not on the site.
38. The builder shall install streetlights on metal poles in accordance with City Standards at the locations designated by the City Engineer. Streetlight locations shall be shown on the utility plans submitted with the final map for approval. Streetlights at traffic signal locations shall be installed on approved traffic signal poles. Street lights shall be owned and maintained by City of Chowchilla. Builder shall prepare a streetlighting plan for approval by the City Engineer.
39. Builder shall provide for all striping, stenciling, pavement markers, delineators and signage required of all street improvements within Block 4. All traffic signs and street name signs shall be installed in accordance with City Standards and the CA MUTCD (latest edition). A striping and signage plan shall be included with the construction plans and submitted for review and approval by the City Engineer.
40. Curb ramps shall be provided at all intersections in conformance with City Standards.
41. As part of street dedications, builder shall provide corner cut-offs at all street intersections. Corner cut-offs shall be sufficient to provide for sight distances and accommodate curb ramps.
42. The builder shall, at his expense, obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests. These designs shall be compared to the minimum section given below and approved by the City Engineer.
Street Designation Minimum Section
Local Street 2” HMA/4” CLII AB/6” CNS
Collector/Promenade Street 3” HMA/6” CLII AB/6” CNS
43. Standard barricades with reflectors shall be installed at ends of streets abutting undeveloped property and any other locations to be specified by the City Engineer.
44. The builder shall, at the end of any permanent pavement abutting undeveloped property, install 2”x6” redwood header boards placed prior to street paving.
45. All knuckles and cul-de-sacs shall be designed in accordance with City Standards.
46. Temporary paved cul-de-sacs shall be provided at the end of any dead-end streets, planned for future extension, longer than 150’. Minimum radius shall be provided to allow turnaround of emergency equipment.
47. Builder shall relinquish vehicular access rights to the following:
a) Robertson Boulevard
b) South Lake Tahoe Drive: Genoa Lake Way to South Lake Tahoe Dr. c) Genoa Lake Drive
d) Local Street ‘A’ and Fallen Leaf Way: South Lake Tahoe Drive to Local Street ‘B’ C. Sanitary Sewer Improvements
48. The builder shall identify and abandon all existing septic systems per City Standards and any other governing regulations.
49. The nearest sanitary sewer main available to serve Blocks 4 is a 12” sewer main in N. Fig Tree Boulevard, east of parcel 79. The builder shall connect to this existing sewer. The builder’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. Any alternative routing of sewer service must be approved by the City Engineer and supported by appropriate calculations.
50. The builder shall install sanitary sewer mains of the size and in the locations indicated below:
a) Interior Streets: Install 8” sewer mains throughout development.
51. The builder shall dedicate a minimum 15’ wide easement for all onsite sewer mains not located in otherwise dedicated rights-of-way.
D. Water Improvements
52. The builder shall identify and abandon all existing water wells per City Standards and any other governing regulations.
53. The builder shall install water mains of the sizes and in the locations indicated below and provide an adequately looped water system. The builder’s engineer shall be responsible for verifying the size, location, and elevations of existing improvements. a) South Lake Tahoe Drive: Install 12” water main from the point of connection at South Lake Tahoe and Public Street “A”. to Genoa Lake Way.
b) Genoa Lake Way: Install 12” water main from the point of connection at East Robertson Blvd. to South Lake Tahoe Drive.
c) Interior Streets: Install 8” water mains throughout development.
54. The builder shall dedicate a 10’ wide easement for all onsite water mains, hydrants, blow-offs, and water meters not located in otherwise dedicated rights-of-way.
55. The builder shall install a City Standard water service, size as necessary, to each lot within Block 4 in accordance with City Standards.
56. The builder shall install a City Standard landscape water service, size as necessary, to each public landscape area within Blocks 4 in accordance with City Standards.
57. The builder shall install one (1) water sampling station in accordance with City Standards. The location shall be determined by the City Engineer.
58. No water service connection shall be made to the City of Chowchilla Water System until a bacteriological report has been accepted by the City Engineer.
59. Fire hydrants shall be installed at locations approved by the Fire Department. Fire hydrants and curbs shall be painted as directed by the Fire Department.
E. Grading and Drainage
60. The builder shall, for construction activity prior to clearing, grading or excavation on one (1) acre or more of land area or are part of a larger common plan of development or sale, obtain a NPDES permit and implement Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to reduce or eliminate storm water pollution. Plans for these requirements shall be included in the construction plan set and shall be submitted to and approved by the City Engineer.
61. The City of Chowchilla is not an MS4 and is regulated under the Construction General Permit Order 2009-0009-DWQ (CGP). Builder is required to comply with all requirements of the CGP, including Post-Construction Standards. Builder’s engineer shall submit calculations confirming that development will meet Post-Construction Standards with the grading plan for review by the City Engineer.
62. Site shall drain to the proposed 18” storm drain pipe in Genoa Lake Way, north of East Robertson Blvd where it shall discharge into the proposed “temporary” basin on the northeast corner of future Block 3. Builder shall adjust flow to the north to proposed MH’s on South Lake Tahoe Drive, north of Public Street “A”. Minimum storm drain pipe size within public right-of-way shall be 15” for laterals and 18” for main pipes.
63. Builder’s engineer shall prepare hydrology and hydraulic calculations (H&H) for any proposed storm drain system and submit with the grading plan for review and approval by the City Engineer. Builder’s engineer shall consult with City Engineer for calculation requirements.
64. Grade differentials between lots and adjacent properties shall be adequately shown on the grading plan and shall be treated in a manner in conformance with City Standards. Any retaining walls required 12” or higher shall be masonry or concrete construction and any retaining walls required less than 12” may be wood, masonry, or concrete construction. All retaining walls shall be designed by a registered civil engineer.
65. Prior to the approval of grading plan, approvals and permits from the San Joaquin Valley Air Pollution Control District shall be obtained. The Project shall comply with all rules, regulations and conditions of approval imposed by the District.
66. The builder shall maintain a program of dust control to prevent air pollution as well as discomfort or damage to adjacent and surrounding properties. The builder shall follow all requirements and recommendations made by the San Joaquin Valley Air Pollution Control District for dust and emission reduction.
F. Landscaping and Irrigation
67. The builder, as a portion of the required tract improvements, shall provide landscaping and irrigation as required herein. The landscaping and irrigation shall be installed in public right-ofway and all other areas reserved for landscaping. Plans for the required landscaping and irrigation systems shall be prepared by an appropriately qualified professional and conform to the Rancho Calera Specific Plan, including the Residential Design Guidelines and the Commercial Design Guidelines, the City of Chowchilla Standard Drawings and Specifications and the California Model Water Efficiency Ordinance. Public landscaping and irrigation shall be installed in the following locations:
a) Outlots A and B:
b) Planter strips and Greenbelts (To be issued with a CFD agreement)
68. All landscape and park improvements shall be installed and accepted for maintenance by the City prior to issuance of 50% of Blocks 4’s building permits. If the park improvements are not constructed on the park outlots for any reason within two (2) years of the recordation of the final map, City shall have the right to request from surety and receive upon City’s demand sufficient funding to complete construction of the improvements for the parks. The two-year period may be extended at City’s sole discretion and upon such conditions as City shall determine.
69. The property owner shall request annexation to the City’s Landscaping and Lighting Maintenance District (LLMD). The property owner acknowledges and agrees that such request serves as a petition pursuant to California State Proposition 218 and no further election will be required for the establishment of the initial assessment. The assessment for each lot must be obtained from the City for the tax year following the recordation of the final map. The property owner shall consent to the first-year assessment and annual increases per the provisions of the LLMD. The property owner/builder shall notify all potential lot buyers before they actually purchase a lot that this tract is a part of a LLMD. Said notification shall be in a manner approved by the City. The property owner/builder shall supply all necessary assessment diagrams and other pertinent materials for the LLMD annually until the entire tract is built out or for three years after annexation to the district, whichever is longer.
70. If any Chowchilla Water District (CWD) improvements/irrigation facilities are located within the map area, the builder shall contact and address all requirements of CWD). This may include, but not be limited to, dedicating easements, piping or relocating any existing CWD canals or ditches, replacing any existing irrigation piping, concrete lining or improving any existing canals, construction or reconstruction of any canals, culverts, and bridge crossings. Plans for these requirements and improvements shall be included in the previously required set of construction plans and submitted to and approved by CWD prior to the release of any development permits or recording of the final map. If a CWD or private irrigation line is to be abandoned, the builder shall provide waivers from all downstream users.
71. The builder shall indicate on construction drawings the depth, location and type of material of any existing CWD irrigation line along the proposed or existing street rights-of-way or onsite. Any existing canals or ditches shall be piped. The material of the existing pipe shall be upgraded to the proper class of rubber gasket pipe at all locations unless otherwise approved by the City Engineer.
72. All existing onsite agricultural irrigation systems either onsite or within public rights-of-way, whether CWD or privately owned shall be identified prior to any construction activity on the site. Service to all downstream users of irrigation water shall be maintained at all times through preservation of existing facilities or, if the existing facilities are required to be relocated, the relocation and replacement of the existing facilities. It is the intent that downstream users not bear any burden as a result of development of Block 4. Therefore, the builder shall bear all costs related to modification, relocation, or repair of any existing irrigation facilities resulting from or necessitated by development of Block 4. The builder shall identify on the construction plans all existing irrigations systems and their disposition (abandonment, repair, relocation, and or piping) for approval by the City Engineer. The builder shall consult with the CWD for any additional requirements for lines to be abandoned, relocated, or piped. The builder shall provide waivers from all users in order to abandon or modify any irrigation systems or for any service interruptions resulting from development activities.
G. Miscellaneous
73. It shall be the responsibility of the builder to remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.
74. The builder shall provide clean-up, street sweeping and dust control during the construction of Block 4 to the satisfaction of the City Engineer and Public Works Director. A deposit of $5,000.00 shall be submitted to the City to guarantee compliance. At any time, builder is deemed to be noncompliant by the City Engineer or Public Works Director, the City may draw from said deposit to pay for necessary activities to bring the site into compliance.
75. The builder shall install monuments at all section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within Block 4. Any existing section corner or property corner monuments damaged or destroyed by Block 4 shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance
76. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set.
Upon payment to the engineer or surveyor for setting the final monuments, the builder shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
77. A deferment, modification, or waiver of any engineering conditions will require the express written approval of the City Engineer.
78. The conditions given herein are for the entire Block 4 development. Additional requirements for individual phases may be necessary pending review by the City Engineer.
79. The builder shall install concrete masonry block walls in accordance with City Standards, with a minimum height of 6 feet above the high side ground elevation, and of a design and color approved by Master Developer and the City of Chowchilla Planning Department at the following locations:
a) East side of Genoa Lake Way: Along Lots 1 through 9. b) Along property line between Lot 1 and East Robertson Boulevard c) Along south side of South Lake Tahoe Drive along Lots 9 through 11, and Lots 70 through 72. d) West side of Fig Tree Boulevard: Along Lots 72 through 79.
Masonry block walls that retain more than 8” shall be designed by a registered civil engineer. The Masonry Block Wall shall be required and as shown on the Tentative Subdivision Map No. 22-0006 for Blocks 4.
ATTACHMENT 2 – Block 4 Tentative Subdivision Map #22-0006 ATTACHMENT 3 – Notice of Exemption
ATTACHMENT 4 – Public Hearing Notice
City Council Meeting
NOTICE OF A PUBLIC HEARING
Rancho Calera Block 4
Tentative Subdivision Map Tract 22-0006
& Notice of Exemption within the
Rancho Calera Specific Plan in Chowchilla, CA 93610
Notice is hereby given that the City Council of the City of Chowchilla, California, will hold a public hearing on Tuesday, September 13, 2022 at 7:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza, to consider a request by Pembrook Development to approve Rancho Calera Block 4 Tentative Subdivision Map Tract 22-0006 located within the Rancho Calera Specific Plan and the accompanied Notice of Exemption.
All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposed actions listed above. This meeting will be open to the public andavailable to watch and participate remotely through Zoom.
Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA93610, and to the attention of Mark Hamilton, Director of Community and Economic Development. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the City Council at, or prior to, the Public Hearing.
Mark Hamilton
Director of Community & Economic Development Department(559) 665-8615 ext. 400 [email protected]
ATTACHMENT 5 – Signed Planning Commission Resolution
REPORT TO THE CITY COUNCIL
Item 6.1
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THE AGENDA
Meeting of: September 13, 2022
AGENDA SECTION: New Business
SUBJECT: Considered Implementation of the Cottage Home or Accessory Dwelling Unit Program – Pre-Approved Accessory Dwelling Unit Plans PREPARED BY: Annalisa Perea, AICP, Contract City Planner Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: 1. Cottage Homes Program Plans (3)
2. Cottage Homes Program Brochure
3. Notice of Exemption
REVIEWED BY
FINANCE
DIRECTOR
☒ REVIEWED BY
CITY ATTORNEY ☒ REVIEWED BY
ADMINISTRATOR ☒
RECOMMENDATION:
Staff recommends for Council to consider the implementation of the Cottage Home Program as presented.
With Councils support, staff will submit the Notice of Exemption to the County of Madera and State of California to start the implementation of the program.
BACKGROUND:
The Cottage Home Program, or Accessory Dwelling Unit (ADU) program, was created to develop a streamlined process to encourage infill residential development in the City of Chowchilla and to help the City increase housing production to meet its housing demand goals as set forth by the CA Department of Housing and Community Development (HCD). Additionally, this program will also expand affordable housing options and will introduce a new source of potential income for property owners who choose to construct a cottage home and utilize as a rental property.
Three (3) plans, free of charge to the community, have been developed to fit a variety of property configurations. The cottage home plans range in size from approximately 400 square feet to 500 square feet. The City utilized grant funding from SB2 to cover the cost of developing the pre-approved plan sets.
By giving the community free access to the plans, the goal would be to provide an expedited and costeffective tool to encourage more housing production in the City. An applicant however would still be required to pay the required building permit fees.
Building Permit Fees for Fiscal Year 2022/23:
• Plan 1 - $884.79
• Plan 2 - $881.89
• Plan 3 -$2,001.16
These fees are based on the current Master Fee Schedule for FY 2022/2023. It should be noted that the building permit fees may fluctuate depending on the adopted Master Fee Schedule rates at the time an applicant comes to pull a building permit. ADUs are allowed to be constructed in any zoning district within the City that allows for residential land uses.
It should be noted with approval of SB9 by the State of California, the City is not permitted to charge Development Impact Fees for accessory dwelling units. However, this waiver is set to sunset in 2025.
Once the program sunsets, building staff will reexamine the program to see if Development Impact Fee waiver is still in place. Provided the fee waiver was not extended, staff will be able to charge Development Impact Fees for this type of residential unit starting July 1, 2026 (FY 2026/27).
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). The Cottage Homes Program itself does not require formal approval, therefore, is not considered to be a discretionary action subject to CEQA. The construction of ADUs are allowed byright in zoning districts within the City that allows for residential land uses, therefore, is considered to be a ministerial action not subject to CEQA.
FISCAL IMPACT:
$4,500 – administrative time
$13,500 – architectural plan set designs
The total cost for the cottage homes program will be reimbursed by the State’s SB 2 Planning Grant.
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
Funding Reimbursement: Staff will submit a reimbursement request to the State to obtain the SB2 funding to cover the cost of this program.
Provided Council supports the implementation of the ADU Program Implementation, Staff will file the Notice of Exemption with the County of Madera, upon filing, staff will post the exemption on CEQANet to start the 35-day review period. Once the environmental review is completed, staff will begin offering the program to the community. This anticipated date to begin solicited to the community is November 1, 2022.
ATTACHMENT 1 – Cottage Homes Program Plans (3)
ATTACHMENT 2 – Cottage Homes Program Brochure (3-fold)
ATTACHMENT 3 – Notice of Exemption
REPORT TO THE CITY COUNCIL
Item 6.2
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TO RETURN TO
THE AGENDA
Meeting of: September 13, 2022
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a Resolution Amending the 2022/2023 Salary Scale to Include the Fiscal Manager Classification
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopts a resolution amending the 2022/2023 salary scale to include the Fiscal Manager classification.
BACKGROUND:
The City’s Finance Department is in the midst of reorganizing its staff and responsibilities and realizing the need for succession planning for some of its classifications.
At the moment, there are two employees with the same classification, but are responsible for completely different duties. A desk audit was completed for one of the positions. After review of the desk audit, the skills, knowledge and abilities matched best with the Fiscal Manager classification.
REASON FOR RECOMMENDATION:
In order to not only differentiate one position from another, but to have a classification that reflects the actual duties of each, staff would like to add the classification of “Fiscal Manager” to the current salary scale at Range 50. The range is in line with the current classification that this new classification will replace once vacated.
FISCAL IMPACT:
None foreseen as this time.
ALTERNATIVES:
Do not approve the additional classification.
ACTIONS FOLLOWING APPROVAL:
Update the salary scale.
COUNCIL RESOLUTION # -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AMENDING THE 2022/23 SALARY SCALE TO INCLUDE FISCAL MANAGER CLASSIFICATION WHEREAS, Section 37206 of the Government Code requires City Council to prescribe the time and method of paying salaries and wages of employees of the City; and WHEREAS, from time to time, staff may review the functionality of their department and suggest changes to certain roles and classifications; and
WHEREAS, these changes may affect the City’s salary scale; and, WHEREAS, the Finance Department has analyzed the needs and requirements needed in order to restructure the Department according to its needs; and WHEREAS, the recommended Fiscal Manager classification and pay range best fits the immediate and long-term needs to operate the department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The salary scale for the Fiscal Manager classification is attached and marked as Exhibit A are hereby added to the City’s current Salary Scale.
2. This resolution is effective immediately upon adoption. * * * * *
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of September, 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor John Chavez
ATTEST:
Joann McClendon, CMC
City Clerk
EXHIBIT A
Fiscal Manager:
Grade A A ½ B B ½ C C ½ D D ½ E E ½ F
50 35.39 36.27 37.18 38.11 39.06 40.04 41.04 42.07 43.12 44.20 45.31