AGENDA
City Council / Redevelopment Successor Agency
Joint Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, January 24, 2023
Open Session: 4:00 p.m. (NO CLOSED SESSION)
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: Ray Barragan
Mayor Pro Tem/Vice Chair: Kelly Smith
Council/Board Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present will be recorded in the minutes.
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
OPEN SESSION – 4:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION:
PRESENTATIONS/WORKSHOP - Section 1
1.1 Presentation: Resolution to Diana Palmer from Senator Anna Caballero’s Office City Council Meeting AGENDA January 24, 2023
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
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be made a part of the Regular Agenda at the request of any member of the City Council or any person in the audience.
3.1 Approval of the January 10, 2023 Special City Council Meeting Minutes (McClendon)
3.2 Approval of the January 10, 2023 Regular City Council Meeting Minutes (McClendon)
3.3 Consideration and Approval of the December 2022 Financials (Williams)
3.4 a) Consideration and Adoption of a City Council Resolution Approving the Annual Recognized Obligation Payment Schedule for the Period from July 1, 2022 Through June 30, 2023 on Behalf of the Successor Agency for the Chowchilla Redevelopment Agency (Pruett)
b) A Redevelopment Successor Agency Resolution Approving the Annual Recognized Obligation Payment Schedule for the Period from July 1, 2022 Through June 30, 2023 (Pruett)
3.5 Consideration and Adoption of a City Council Resolution Authorizing the Continued Use of Remote Teleconferencing Provision (AB361, Government Code Section 54653) (McClendon)
3.6 Consideration and Approval of the Quarterly Waiver Report (Pruett) City Council Meeting AGENDA January 24, 2023
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
5.1 Consideration and Adoption of a City Council Resolution Authorizing the Chowchilla Historical Society to Submit an Application for Consideration of the State of California Historical Designation for the Former County Library on Behalf of the City of Chowchilla and to Enter Into a Reimbursement Agreement (Rogers) NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Approving Recommendation of Assigning the City Administrator or Designee to Make Determinations of Public Convenience or Necessity (PCN) for Persons/Premises Applying for an Alcohol & Beverage Control (ABC) License (Hamilton) ANNOUNCEMENTS – Section 7
FEB 7 OFFICIAL 100TH YEAR ANNIVERSARY FOR THE CITY
SPECIAL CITY COUNCIL MEETING, CITY HALL, 11:30AM
FEB 14 CITY COUNCIL MEETING, CITY HALL, 4:00PM
FEB 15 PLANNING COMMISSION 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 20th day of January, 2023 at or before 5:00pm.
Joann McClendon, CMC, City Clerk
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. 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/88395639560?pwd=Q3
M0aWZsMGlCTlFRNWp2ZkQvRDlkQT09
Passcode: 775 177
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 883 9563 9560
Passcode: 775 177
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
Special City Council Meeting
City Council Chamber
Chowchilla City Hall
130 S. Second Street Chowchilla, CA 93610
Tuesday, January 10, 2023 – 5:45 p.m.
CALL TO ORDER/ROLL CALL:
Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon OPEN SESSION – 5:47 PM
NEW BUSINESS - Section 1
1.1 Consideration and Adoption of a City Council Resolution Authorizing Use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54653) (McClendon)
There was no one present in the audience or remotely to make a comment on this item.
Motion by Council Member Ahmed, Seconded by Council Member Troost to Approve City Council Resolution # 01-23, Authorizing Use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54653) Authorizing Use of Remote Teleconferencing Provisions (AB 361 and Government Code Section 54653). Motion passed unanimously by roll call vote.
ADJOURNMENT
Mayor Barragan adjourned the Tuesday, January 10, 2023 Special City Council meeting at 5:48 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor Ray Barragan
Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
MINUTES
City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, January 10, 2023
Closed Session: 6:00 p.m. - Open Session: 7:00 p.m.
CALL TO ORDER/ROLL CALL: 6:00 p.m.
Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Chief 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:
Item 1.1 was removed from the agenda.
Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith to Approve the Agenda as Amended. Motion passed unanimously by roll call vote.
PUBLIC ADDRESS – CLOSED SESSION
No one spoke.
CLOSED SESSION – 6:03 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 led by Police Chief David A. Riviere, Jr. (Ret) INVOCATION: Derek Upton
CLOSED SESSION REPORT: Nothing to report.
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
City Council Meeting MINUTES January 10, 2023
PRESENTATIONS/WORKSHOP - Section 1
1.1 Senator Caballero Recognition of Diana Palmer
1.2 Ceremonial Oath of Office: Jeffrey Palmer, Police Chief
1.3 Recognition of David A. Riviere, Jr., Police Chief (Ret)
PUBLIC ADDRESS
David Telling spoke, thanking the City for the assistance his business has received.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Mayor Pro Tem Smith attended the Annual Stampede Dinner. Thanked Public Works staff for their efforts during the rain.
Mayor Barragan also attended the Stampede Dinner.
2.2 STAFF VERBAL REPORTS
Fire Chief Gaumnitz noted the recent storms and asked for prayers to all affected communities that were flooded. He also reported that 2022 was a very busy year for the Department. He believes 2023 numbers may be higher due to the closure of Madera Community Hospital.
Public Works Director Rogers reported that his department has been really busy dealing with the storm and all the issues it brings. He thanked his staff for their excellent work over this past month’s storms.
Community & Economic Development Director Hamilton reported that the Department having issues with construction site debris.
Finance Director Williams noted her department is busy prepping for audit; state reports.
Deputy Director of Recreation & Community Engagement Wisener reported on the City’s Centennial planning, including the ad hoc committee this week to finalize details.
City Administrator Pruett updated Council on JCI and PG&E solar credit issues.
CONSENT CALENDAR – Section 3
3.1 Approval of the December 13, 2022 City Council Meeting Minutes (McClendon)
3.2 Consideration and Approval of the December 2022 Check Register (Williams)
3.3 Consideration and Approval of Commission/Committee Appointments: Madera County Mosquito & Vector Control District (McClendon)
City Council Meeting MINUTES January 10, 2023
3.4 Consideration and Adoption of a City Council Resolution (02-23) Authorizing Submittal of Application for CalRecycle Annual City/County Payment Program and Related Authorizations (Rogers)
Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith 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 City Council Resolution (03-23) Authorizing the Exchange of Comparable Properties of Exempt Surplus Land (APN 002-280-027 & Portion of Tract 1, Madera County Recorder’s Book 66 of Record of Surveys at Page 38) (Hamilton)
Mayor Barragan opened the public hearing at 7:47 p.m. No one came forward for or against the item. Mayor Barragan closed the public hearing at 7:47 p.m.
Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution # 03-23, Authorizing the Exchange of Comparable Properties of Exempt Surplus Land (APN 002-280-027 & Portion of Tract 1, Madera County Recorder’s Book 66 of Record of Surveys at Page 38). Motion passed unanimously by roll call vote.
DEFERRED BUSINESS – Section 5
5.1 Discussion and/or Direction Concerning the Former County Library (Pruett) Spoke:
Victoria Humphries
Dale Thomas
Christopher Rocha
The City Council directed staff to bring back a resolution to authorize the Historical Society to submit an application for historical designation of the building.
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution (04-23) Establishing the Time, Days and Location of all Regular City Council Meetings (McClendon) Motion by Mayor Barragan, Seconded by Council Member Chavez to Approve City Council Resolution #04-23, Establishing the Time, Days and Location of all Regular City Council Meetings, thus Changing the Regular Meeting times to 3:00 p.m. for Closed Session and 4:00 p.m. for Open Session. Motion passed unanimously by roll call vote.
ANNOUNCEMENTS – Section 7
JAN 16 MARTIN LUTHER KING DAY, CITY OFFICES CLOSED
JAN 18 HOUSING ELEMENT COMMUNITY MEETING VIA ZOOM, 6PM
ZOOM: HTTPS://US06WEB.ZOOM.US/J/81411623773
PLANNING COMMISSION MEETING, CITY HALL, 7PM
JAN 24 CITY COUNCIL MEETING, CITY HALL, 7PM
City Council Meeting MINUTES January 10, 2023
ADJOURNMENT
Mayor Barragan adjourned the January 10, 2023 Regular City Council meeting in Memory of Verlene Wood at 8:32 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor Ray Barragan
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: January 24, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: December 2022 Budget vs Actual and Balance Sheet
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the December 2022 Financial Statements shown in the attachment.
BACKGROUND:
Staff provides Council with monthly financial information as an ongoing financial status update.
REASON FOR RECOMMENDATION:
The monthly financial statements consist of a Budget vs Actual and a Balance Sheet for the General Fund. The Budget vs Actual shows the current Month (Period Activity) and current Year (Fiscal Activity) Revenues and Expenses by Department in summary form compared to the current year Original and Current budgets. The Balance Sheet shows the Assets, Liabilities and Fund Balance at the time the report is generated. This provides an overview of cash, amounts owed to the City, amounts the City owes and the fund balance at a specific point in time.
The financial statements are being presented as an overview of the City’s finances and are not meant to be a comprehensive in-depth review. As a reference to compare to the percent remaining column in the report, the percentage of the year remaining 50%.
If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.
If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them.
FISCAL IMPACT: Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May, we have yet to receive a distribution. We are teetered which means we do not have to worry about delinquencies, because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and we have yet to receive October’s payment. Sales tax is our 2nd largest revenue.
Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO services, SIU from the County and from grants that are billed periodically. We have not billed the schools or the County yet as we usually bill quarterly. Also, it has $323k Transfer-in from Measure N for the RIMS Software and recruitment and retention of employees. Also, the Madnet program is reimbursed through the County and as of right now we do not have any officers in this program.
Fire Services- This revenue is from transfers-in from Measure N and Fire Impact Fees for the fire station expansion project Phase 1 & Phase 2.
Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for some growth which includes projects like Oleander, Rancho Calera, Montgomery Farms and miscellaneous lots within Greenhills. So far, we have Century Communities building their part of the Montgomery Farms lots. Oleander Terrace has pulled all of their permits, but other projects have not pulled their permits yet. We still have other miscellaneous permits for other items that are happening as well.
There is also $185k of grant revenues that we have not received as of now.
Parks and Recreation- $200k of this is from a grant that we have not spent yet so we have not requested reimbursements. The rest is overhead allocations from the LLMD that happen at the end of the year.
Community Relations- Revenues are from sports program reimbursements, park pavilion rentals and donations.
Expenses
All departments expenses are within the normal range or better right now ALTERNATIVES:
Pull the item for further discussion
ACTIONS FOLLOWING APPROVAL:
None
1/17/2023 4:07:26 PM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2022-2023 Period Ending: 12/31/2022
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Account Typ… Activity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 8,680,958.00 8,680,958.00 2,376.22 761,290.28 -7,919,667.72 91.23% Expense 316,453.00 316,453.00 0.00 9,572.51 306,880.49 96.98% Dept: 1600 - General Administration Surplus (Deficit): 8,364,505.00 8,364,505.00 2,376.22 751,717.77 -7,612,787.23 91.01% Dept: 1605 - City Council
Expense 74,990.00 74,990.00 5,704.28 25,224.01 49,765.99 66.36% Dept: 1605 - City Council Total: 74,990.00 74,990.00 5,704.28 25,224.01 49,765.99 66.36% Dept: 1610 - City Clerk
Expense 290,284.00 290,284.00 18,809.49 131,926.36 158,357.64 54.55% Dept: 1610 - City Clerk Total: 290,284.00 290,284.00 18,809.49 131,926.36 158,357.64 54.55% Dept: 1615 - City Attorney
Expense 190,000.00 190,000.00 17,751.30 71,321.68 118,678.32 62.46% Dept: 1615 - City Attorney Total: 190,000.00 190,000.00 17,751.30 71,321.68 118,678.32 62.46% Dept: 1705 - General Services
Revenue 0.00 15,834.00 0.00 0.00 -15,834.00 100.00%
Expense 1,580,405.00 1,556,469.00 30,820.84 573,236.57 983,232.43 63.17% Dept: 1705 - General Services Surplus (Deficit): -1,580,405.00 -1,540,635.00 -30,820.84 -573,236.57 967,398.43 62.79% Dept: 1710 - City Administration
Expense 402,438.00 402,438.00 20,203.90 148,823.27 253,614.73 63.02% Dept: 1710 - City Administration Total: 402,438.00 402,438.00 20,203.90 148,823.27 253,614.73 63.02% Dept: 1712 - City Property - Rents
Revenue 161,945.00 161,945.00 852.00 82,209.96 -79,735.04 49.24% Expense 53,690.00 53,690.00 234.84 34,534.53 19,155.47 35.68% Dept: 1712 - City Property - Rents Surplus (Deficit): 108,255.00 108,255.00 617.16 47,675.43 -60,579.57 55.96% Dept: 1720 - Finance Department
Revenue 0.00 3,000.00 85.50 680.75 -2,319.25 77.31%
Expense 829,616.00 829,616.00 53,464.69 352,716.41 476,899.59 57.48% Dept: 1720 - Finance Department Surplus (Deficit): -829,616.00 -826,616.00 -53,379.19 -352,035.66 474,580.34 57.41% Dept: 2610 - Police Department
Revenue 731,420.00 1,290,078.00 7,289.32 165,639.03 -1,124,438.97 87.16% Expense 4,524,606.00 5,167,264.00 233,754.91 1,960,797.81 3,206,466.19 62.05% Dept: 2610 - Police Department Surplus (Deficit): -3,793,186.00 -3,877,186.00 -226,465.59 -1,795,158.78 2,082,027.22 53.70% Dept: 2615 - Police - Mad Net
Revenue 192,000.00 192,000.00 0.00 0.00 -192,000.00 100.00% Expense 227,266.00 227,266.00 0.00 0.00 227,266.00 100.00% Dept: 2615 - Police - Mad Net Surplus (Deficit): -35,266.00 -35,266.00 0.00 0.00 35,266.00 100.00% Dept: 2705 - Fire Department
Revenue 1,812,500.00 1,812,500.00 0.00 500.00 -1,812,000.00 99.97% Expense 2,158,480.00 2,167,309.00 216,326.11 1,104,939.88 1,062,369.12 49.02% Dept: 2705 - Fire Department Surplus (Deficit): -345,980.00 -354,809.00 -216,326.11 -1,104,439.88 -749,630.88 -211.28% Dept: 4705 - Community & Economic Development
Revenue 875,750.00 875,750.00 50,883.13 223,329.28 -652,420.72 74.50% Expense 1,096,369.00 1,096,369.00 40,928.93 353,394.71 742,974.29 67.77% Dept: 4705 - Community & Economic Development Surplus (Deficit): -220,619.00 -220,619.00 9,954.20 -130,065.43 90,553.57 41.05% Dept: 6610 - Community Pool (OLD)
Revenue 1,200.00 1,200.00 0.00 1,033.01 -166.99 13.92%
Expense 23,177.00 23,177.00 0.00 11,225.43 11,951.57 51.57% Dept: 6610 - Community Pool (OLD) Surplus (Deficit): -21,977.00 -21,977.00 0.00 -10,192.42 11,784.58 53.62% Budget Report For Fiscal: 2022-2023 Period Ending: 12/31/2022 1/17/2023 4:07:26 PM Page 2 of 3
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Account Typ… Activity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 6615 - Senior Services
Expense 39,000.00 39,000.00 383.40 3,062.50 35,937.50 92.15% Dept: 6615 - Senior Services Total: 39,000.00 39,000.00 383.40 3,062.50 35,937.50 92.15% Dept: 6620 - Parks & Facilities
Revenue 259,597.00 259,597.00 0.00 15.00 -259,582.00 99.99% Expense 701,109.00 701,109.00 23,900.95 165,614.70 535,494.30 76.38% Dept: 6620 - Parks & Facilities Surplus (Deficit): -441,512.00 -441,512.00 -23,900.95 -165,599.70 275,912.30 62.49% Dept: 6625 - Community Relations
Revenue 21,200.00 21,200.00 5,275.61 7,094.56 -14,105.44 66.54% Expense 255,438.00 292,798.00 12,107.90 151,681.15 141,116.85 48.20% Dept: 6625 - Community Relations Surplus (Deficit): -234,238.00 -271,598.00 -6,832.29 -144,586.59 127,011.41 46.76% Report Surplus (Deficit): -26,751.00 -114,170.00 -607,629.76 -3,856,279.65 -3,742,109.65 -3,277.66% Budget Report For Fiscal: 2022-2023 Period Ending: 12/31/2022 1/17/2023 4:07:26 PM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
100 - General Fund -26,751.00 -114,170.00 -607,629.76 -3,856,279.65 -3,742,109.65 Report Surplus (Deficit): -26,751.00 -114,170.00 -607,629.76 -3,856,279.65 -3,742,109.65 1/17/2023 4:44:46 PM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 12/31/2022
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 174.05
100-0100-0206 Cash Drawer 1,700.00
100-0100-0220 Accounts Receivable-Clients 33,865.16
100-0100-0221 A/R - Non Governmental -854.71
100-0100-0222 A/R - Intergovernmental 11,024.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 189,445.05
100-0100-0226 Advance to Other Funds 477,909.90
100-0100-0227 Liens Receivables General Fund 162,184.48 100-0100-0228 Pending Charges or Refunds 11.55
100-0100-0229 A/R Business License -22,775.34
100-0100-0230 Accounts Receivable-Utilities -14.14
100-0100-0231 Allowance for Doubtful A/C 67,200.00
100-0100-0291 Prepaid Expenses 1,732.51
100-0100-1900 Claim On Cash 3,659,660.31
Total Assets: 4,581,763.34 4,581,763.34
Liability
100-0200-0418 Deposits on Hold-PR Signs 2.00
100-0200-0422 Bonds for Work-Refundable 21,000.00
100-0200-0425 Use Sale Tax 166.69
100-0200-0428 Prepaid Deposits 138,000.00
100-0200-0480 Deferred Revenue 162,766.23
100-0200-0499 Payroll Correction -0.93
100-0200-2901 Accounts Payable Pending 210,280.11
Total Liability: 532,214.10
Equity
100-0300-0601 Fund Balance 6,495,783.72
100-0300-0602 Designated Restricted Donation 5,934.55
100-0300-0604 Reserve for Contingencies 910,223.00
100-0300-0605 Designated for Prepaid Items 239.50
100-0300-0611 Reserve for L/T A/R 486,672.93
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 7,905,828.89
Total Revenue 1,241,791.87
Total Expense 5,098,071.52
Revenues Over/Under Expenses -3,856,279.65
Total Liabilities, Equity and Current Surplus (Deficit): 4,581,763.34 Total Equity and Current Surplus (Deficit): 4,049,549.24
REPORT TO THE CITY COUNCIL &
REDEVELOPMENT SUCCESSOR AGENCY
Item 3.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: January 24, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of a City Council and RSA Resolution Approving the Annual Recognized Obligation Payment Schedule 23/24 for the period from July 2023 – June 30, 2024 for the Successor Agency of the Chowchilla Redevelopment Agency
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Resolutions, 23/24 ROPS
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopts the resolution(s) for Recognized Obligation Payment Schedule (ROPS) for period of July 1, 2023 thru June 30, 2024.
BACKGROUND:
In accordance with AB 1484 which was enacted to clarify the intent of ABx1 26, the law that dissolved all redevelopment agencies, the Successor Agency (City of Chowchilla) is required to adopt a Recognized Obligation Payment Schedule (ROPS) each year for the Successor Agency’s fiscal operations for the following fiscal year. The Department of Finance allows for one amendment of the annual ROPS which is due no later than October 1st of every year.
The ROPS packet, designated as ROPS 23/24, includes the estimated obligations and expenditures spreadsheet, the report of cash balances and a summary page. The deadline for submitting this form to the California State Department of Finance is February 1, 2023. Upon submitting to the Department of Finance, the information is subject to a review period to a maximum of 45 days.
REASON FOR RECOMMENDATION:
To meet requirements of Department of Finance Assembly Bill 1484.
FISCAL IMPACT:
None
ALTERNATIVES:
None
ACTIONS FOLLOWING APPROVAL:
Sign and return to Finance for submission to Department of Finance.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING THE ANNUAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD FROM JULY 1, 2023 – JUNE 30, 2024, ON BEHALF OF THE SUCCESSOR
AGENCY OF THE CHOWCHILLA REDEVELOPMENT AGENCY
WHEREAS, the City of Chowchilla designated itself to be the Successor Agency of the Chowchilla Redevelopment Agency in accordance with AB x1 26; and, WHEREAS, the legislation enacted under AB x1 26 and clarified under AB 1484 requires the Successor Agency to adopt the Annual Recognized Obligation Payment Schedule (ROPS 23/24) covering the 12-month period from July 1, 2023 – June 30, 2024; and, WHEREAS, the City Council, as the Successor Agency, has considered the proposed ROPS for the period of July 1, 2023 – June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true and correct.
2. The Recognized Obligation Payment Schedule (ROPS 23/24) for the period of July 1, 2023 – June 30, 2024, is hereby approved and accepted.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of January, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REDEVELOPMENT SUCCESSOR AGENCY RESOLUTION # -23
A RESOLUTION OF THE REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF
CHOWCHILLA, CALIFORNIA APPROVING THR ANNUAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD FROM JULY 1, 2023 – JUNE 30, 2024 WHEREAS, the City of Chowchilla designated itself to be the Successor Agency of the Chowchilla Redevelopment Agency in accordance with AB x1 26; and, WHEREAS, the legislation enacted under AB x1 26 and clarified under AB 1484 requires the Successor Agency to adopt the Annual Recognized Obligation Payment Schedule (ROPS 23/24) covering the 12-month period from July 1, 2023 – June 30, 2024; and, WHEREAS, the City Council, as the Successor Agency, has considered the proposed ROPS for the period of July 1, 2023 – June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Successor Agency of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true and correct.
2. The Recognized Obligation Payment Schedule (ROPS 23/24) for the period of July 1, 2023 – June 30, 2024, is hereby approved and accepted.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the Redevelopment Successor Agency of the City of Chowchilla this 24th day of January, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Chair Ray Barragan
ATTEST:
Joann McClendon, CMC
Board Clerk
REPORT TO THE CITY COUNCIL
Item 3.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: January 24, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Authorizing the City Administrator to Implement Teleconferenced Public Meetings Pursuant to Assembly Bill 361 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 City Administrator to implement teleconferenced public meetings pursuant to Assembly Bill 361.
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.
AB361 is slated to expire on February 28, 2023.
REASON FOR RECOMMENDATION:
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. In addition, AB 361 requires the City to make specified findings every 30 days thereafter. If it goes over 30 days, the City must re-adopt the resolution. The last time it was approved was on January 10, 2023.
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:
If resolution adopted, place the item on the City Council meeting agenda every 30-days to continue along with the AB361 guidelines without disruption.
COUNCIL RESOLUTION # -23
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 54653)
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, 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/or 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; and
WHEREAS, the City Council last adopted this resolution on January 10, 2023.
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 OSHA recommends measures to promote social distancing; and/or BE IT FURTHER RESOLVED, that the City Council has determined that given the state of emergency, holding in-person only meetings would present imminent risks to the health or safety of attendees.
BE IT FURTHER RESOLVED, that the actions taken by the City Council through this resolution shall be applied to all City committees governed by the Brown Act unless otherwise desired by that committee.
BE IT FURTHER RESOLVED, the City Council authorizes the City Manager or their designee(s) to take all actions necessary to conduct City Council meetings in accordance with 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 reconsider the circumstances of the state of emergency.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of January, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 3.6
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: January 24, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Quarterly Waiver Report
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Spreadsheet with Detail of the Waivers Issued
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the Quarterly Waivers Report for October through December 2022.
BACKGROUND:
Council approved the City Administrator to have the authority to waive penalties, interest, fees, liens, et cetera, up to $10,000. It was requested that a quarterly report be presented that summarized the transaction the City Administrator granted under this authority.
REASON FOR RECOMMENDATION:
This report is a summary of the waivers that were issued and is an element of transparency for the Council and the public. These waivers are issued on a case by case basis and will fluctuate from quarter to quarter. This is a tool for the Council to evaluate the use and effectiveness of the program.
FISCAL IMPACT:
There was one waiver issued during this Quarter for $88. This was for a business license for Anthony Freitas who catered our City Employee Appreciation/Christmas luncheon.
ALTERNATIVES:
Pull the item for further discussion.
ACTIONS FOLLOWING APPROVAL:
None.
Date Entity/Person Address Account or Lien # Type Amount Justification 12/1/2022 Anthony Freitas 24596 Road 19 Chowchilla 9072 Waived Business License $ 88.00 Catering the City Luncheon $ 88.00
CITY COUNCIL REPORT ON WAIVERS PER RESOLUTION 83-19
QUARTER 10/1/2022 to 12/31/2022
TOTAL FEES WAIVED
REPORT TO THE CITY COUNCIL
Item 5.1
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TO RETURN TO
THE AGENDA
Meeting of: January 24, 2023
AGENDA SECTION: Deferred Business
SUBJECT: Approval of a Resolution Authorizing the Chowchilla Historical Society to Submit an Application for Consideration of the State of California Historical Designation for the Former Library on Behalf of the City of Chowchilla and to Enter Into a Reimbursement Agreement.
APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Structural Assessment Report, Construction Cost Estimate
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff requests City Council approve the Resolution authorizing the Chowchilla Historical Society to submit an application for consideration of the State of California Historical Designation for the former library on behalf of the City of Chowchilla in order to obtain grants funds for the restoration of the library, and as a condition precedent to such authorization, approve the City entering into a reimbursement agreement with the Historical Society for the increased cost of demolition should the Historical Society obtain the historical designation but fail to complete renovations in a timely manner.
BACKGROUND:
In 1940, the City of Chowchilla gave three lots (4,5, and 6 of Block 88 and now currently APN 002-041- 007), located at 621 West Robertson Boulevard within the City of Chowchilla, to Madera County for the purpose of building a library. Madera County contributed $5,400 toward a total building cost of $15,800.
The library, built by the Work Progress Administration (WPA), was made of adobe brick, and included a basement. It is reputed to be the last structure built by the agency in Madera County. The library opened to the public on August 1, 1941. It closed on February 1, 2003, and was replaced by a new library on Kings Avenue.
In March, 2009, the City of Chowchilla purchased the old library from the County of Madera for a purchase price of $225,000. The purchase was made through the City’s Redevelopment Agency.
In March, 2012, the City applied for Community Development Block Grant (CDBG) Funds in the amount of $635,500 in order to remodel and restore the dilapidated old library building to create public space for social organizations providing services to low- and moderate-income persons so that it can be used again as a meeting room for a disadvantaged segment of the population. Unfortunately, the City was not awarded any CDBG funds for rehabilitation of the facility.
In 2018, the Chowchilla District Historical Society expressed an interest in leasing the Library building from the City. In January 2019, the City of Chowchilla agreed to allow the Historical Society to enter the building and initiate a survey, collecting measurements and taking photographs of the property in order to submit the building for historical preservation to the State of California, in addition to using the information collected to submit the Old Library for possible grant funds. Due to the COVID-19 Pandemic, the Historical Society was only recently able to enter beginning January, 2021.
On April 13, 2021, staff presented an agenda item to City Council to discuss the current status of the facility. City Council provided direction to staff to come back to Council at a later date and conduct a workshop in order to gather additional comment from the public.
On May 11, 2021, the City hosted a workshop as part of the regular City Council meeting to discuss the status of the former library and receive additional comment from the public. Chris Thomas and Dale Thomas of the Chowchilla Historical Society addressed the City Council in support of salvaging the building by using the CA Historical Building Code, which they stated could be used so that a majority of the repairs could be completed for $30,000 to $50,000. Additionally, they requested that the City allow the Historical Society to submit an application to the State, on behalf of the City, to have the facility be considered as a state historical landmark. It was the consensus of the City Council to bring back the item at the June 22, 2021 meeting with additional information.
On June 29, 2021, the City Council reviewed a draft application from the Chowchilla Historical Society for consideration of State historical recognition. Due to concerns regarding the structural safety of the building and potentially significant repairs needed, Council declined to submit the application to the State for review at this time.
On September 14, 2021, after receiving a quote from the Historical Society that a multitude of repairs could be completed for approximately $30,000 to $50,000. The City was not able to assess the Historical Society’s claims that repairs for the facility could be completed for approximately $50,000 as the City was not provided any detailed quotes. As a result, staff was directed to contract with an outside firm to complete a structural assessment and ascertain potential costs to repair the building. Advanced Structural Design, Inc. (ASDI) completed the structural assessment of the former library for the City.
On May 24, 2022, City Council reviewed the structural assessment of the former library from ASDI. The report noted several safety concerns related to the structure and recommended an additional in-depth structural study or construction work necessary to address only the most critical structural deficiencies according to the report. The total cost for the recommended structural repairs by a licensed contractor is $494,565. At the meeting, the Chowchilla Historical Society requested that the City Council once again allow them to submit an application to the State of California for consideration of State historical recognition. At the time, Council declined to submit the application to the State for review and directed staff to look into the effects of such a designation on the building.
REASON FOR RECOMMENDATION:
On January 10, 2023, received a verbal presentation on the former library that included past history, current status according to the most recent structural assessment and California Environmental Quality Act (CEQA) protections and processes to follow if the facility receives State Historical Designation.
Additionally, the City received public comment from the Chowchilla Historical Society and members from the public requesting the City to allow submittal of an application to the State of California for consideration of State historical recognition. As a result, Council directed staff to bring a resolution back at the January 24, 2023 meeting authorizing the Historical Society to submit an application to the State for consideration.
FISCAL IMPACT:
There is no fiscal impact to submit an application as the Chowchilla Historical Society has stated that all costs associated with the application will be covered by the Historical Society. However, there is a potential financial impact to the City should the Chowchilla Historical Society obtain the historical designation and then fail to complete renovations.
ALTERNATIVES:
Not to approve submittal of the application for consideration of State Historical Designation.
ACTIONS FOLLOWING APPROVAL:
Notify the Chowchilla Historical Society that they can submit an application to the State for consideration of State Historical Designation.
COUNCIL RESOLUTION # - 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE CHOWCHILLA HISTORICAL SOCIETY TO SUBMIT AN APPLICATION FOR
CONSIDERATION OF THE STATE OF CALIFORNIA HISTORICAL DESIGNATION FOR THE
FORMER LIBRARY ON BEHALF OF THE CITY OF CHOWCHILLA AND ENTER INTO A
REIMBURSEMENT AGREEMENT
WHEREAS, the City of Chowchilla (City) owns the former library located at 621 West Robertson Boulevard within the City of Chowchilla; and
WHEREAS, Chowchilla Historical Society has requested that the City authorize the Chowchilla Historical Society to submit an application to the State of California (State) for consideration of State historical designation for the former library on behalf of the City; and WHEREAS, Chowchilla Historical Society has prepared and submitted an application for State historical designation to the City for review; and
WHEREAS, the City has reviewed the application prepared by the Chowchilla Historical Society and authorizes submittal of the application to the State with the following conditions:
1. All costs associated with the application shall be borne by the Chowchilla Historical Society,
2. The Chowchilla Historical Society shall keep the City informed of the progress of the application,
3. Submittal of the application and State determination shall be completed within 90 days.
4. As a condition precedent to the submittal, the City shall enter into a reimbursement agreement with the Historical Society for the increased cost of demolition should the Historical Society obtain the historical designation but fail to complete renovations in a timely manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true and correct.
2. The Chowchilla Historical Society is authorized to submit an application to the State for consideration of State Historical designation with the following conditions:
a. All costs associated with the application shall be borne by the Chowchilla Historical Society,
b. The Chowchilla Historical Society shall keep the City informed of the progress of the application,
c. Submittal of the application and State determination shall be completed within/by 90 days.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of January, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: January 24, 2023
AGENDA SECTION: New Business
SUBJECT: A Resolution Assigning the City Administrator or Designee to Make Determinations of Public Convenience or Necessity (PCN) for Persons/Premises Applying for an ABC License
PREPARED BY: Janae Lacey, Community & Economic Development Specialist REVIEWED BY: Mark Hamilton, Community & Economic Development Director ATTACHMENTS: 1. Resolution
2. Department of Alcoholic Beverage Control Letter – Dated January 3, 2023
3. Resolution 40-97
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council of the City of Chowchilla adopt a resolution authorizing the City Administrator or designee to make determination of Public Convenience or Necessity (PCN) for persons/ premises applying for an Alcoholic Beverage Control (ABC) license.
BACKGROUND:
In accordance with and pursuant to Section 23958 and 23958.4 of the California Business and Professions Code (BPC), ABC is requesting the local governing body, the City Council of the City of Chowchilla, to conclude as to who will make determinations of PCN for persons/ premises applying for an ABC license.
This resolution was last approved in 1997 by resolution #40-97.
Since 1997, the City’s Municipal Code ‘Title 18 – Zoning’ was requiring Type 41 (Beer & Wine) & Type 47 (Distilled Spirits) to obtain a use permit. The use permit was required ensuring the City had conditions of approval in the event the facility required enforcement action. Prior to 2020, a facility wasn’t required to obtain a use permit, which made enforcement challenging for the City.
REASON FOR RECOMMENDATION:
The City of Chowchilla received a letter from ABC requesting a conclusion as to how matters of PCN would be determined in order to update their records. The recommendation would allow the City to retain jurisdiction over PCN. ABC would be able to assist customers with the PCN process, including but not limited to, who to contact for a PCN determination.
FISCAL IMPACT:
None foreseeable at this time.
ALTERNATIVES:
• Allowing the City Council to make the determination of Public Convenience or Necessity for the City of Chowchilla.
• Continue the Item to a future Council Meeting.
ACTIONS FOLLOWING APPROVAL:
This resolution takes effect immediately upon approval.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA,
APPROVING RECOMMENDATION OF ASSIGNING CITY ADMINISTRATOR OR DESIGNEE TO
MAKE DETERMINATIONS OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR
PERSONS/PREMISES APPLYING FOR AN ABC LICENSE
WHEREAS, Pursuant to Section 23958.4 of the California Business and Professions Code (BPC), the Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if issuance would result in or add to an undue concentration of licenses; and WHEREAS, the Department may issue said licenses if the local governing body, or its designated subordinate officer or body, determines that issuance of the license would service a public convenience or necessity (PCN) for persons/premises applying for an ABC license; and WHEREAS, Administration, Police and Planning Departments recommend the City Administrator or his/her designee as assigned maintain jurisdiction of the Alcoholic Beverage licensing; and WHEREAS, the City of Chowchilla wishes to maintain the determination made by the City Administrator or his/her designee, within the time frame and make a determination of public convenience and necessity regarding the licensing of Alcoholic Beverage establishments; and WHEREAS, Pursuant to Section 23958.4 BPC, if the local governing body, or its designated subordinate officer or body, does not make a determination of Public Convenience or Necessity (PCN) within a period of 90 days, then the authority to make the determination will revert to the Department of Alcoholic Beverage Control (ABC).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true.
2. The City Council of the City of Chowchilla has designed the City Administrator or designee to make determination of Public Convenience or Necessity (PCN) for persons/premises applying for an ABC license.
3. This resolution takes effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of January, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
Attachment 2 –Letter from ABC
Attachment 3 – Resolution 40-97