Chowchilla City Council
May 9, 2023

AGENDA
City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, May 9, 2023
NO CLOSED SESSION ~ Open Session: 4:00 p.m.

City Council meetings are 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: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council 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 Madera County Mosquito & Vector Control: Summer Mosquito Awareness

1.2 Proclamations:
a. National Police Officer Week, May 14 – May 20, 2023
b. National Public Works Week, May 21 – May 27, 2023
City Council Meeting AGENDA May 9, 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 April 25, 2023 City Council Meeting Minutes (McClendon)

3.2 Consideration and Acceptance of the April 2023 Check Register (Williams)

3.3 Consideration and Adoption of a City Council Resolution Amending the Time of Regularly Scheduled Planning Commission Meetings (Hamilton)

3.4 Consideration and Adoption of a City Council Resolution Renewing Ordinance No. 509-22 and Policy No. 705 of the Chowchilla Police Department Policy Manual Authorizing the Use of Military Equipment in Accordance with Government Code Section 7070, Et Seq (Palmer)
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5

5.1 Consideration and Adoption of a City Council Resolution Authorizing the City Administrator to Execute a Memorandum of Understanding with the Chowchilla Historical Society (Rogers)
City Council Meeting AGENDA May 9, 2023
NEW BUSINESS – Section 6

6.1 Consideration of Commission/Committee Appointments - Planning Commission & Airport Advisory Committee (McClendon)

6.2 Consideration and Adoption of a City Council Resolution Authorizing the Submission of the Zero-Emission Bus (ZEB) Rollout Plan to the California Air Resources Board (CARB) as Required by the Innovative Clean Transit (ICT) Regulation (McClendon)

6.3 Consideration and Adoption of a City Council Resolution Amending the Fiscal Year 2022/23 City Budget to Allow for the Implementation of the CalHOME Program (Hamilton)

6.4 Consideration and Adoption of a City Council Resolution Terminating the COVID-19 March 2020 Proclaimed Local Emergency (Pruett)
ANNOUNCEMENTS – Section 7
MAY 11-14 CHOWCHILLA-MADERA COUNTY FAIR
MAY 13 CHOWCHILLA SPRING FESTIVAL PARADE & BBQ
MAY 15 PLANNING COMMISSION MEETING, CITY HALL, 5PM
MAY 23 CITY COUNCIL MEETING: CANCELLED
MAY 29 MEMORIAL DAY HOLIDAY – CITY OFFICES CLOSED
JUNE 13 CITY COUNCIL MEETING, CITY HALL, 4PM

ADJOURNMENT
This meting will be adjourned in memory of Mr. Jack Stanford.

I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 4th day of May, 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.

Zoom login instructions
Use the following url to start Zoom:
https://us06web.zoom.us/j/89916411575?pwd=MlRYRWFlM0ZCQ09EUkYyUWN mYzlmZz09
Passcode: 267 825
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 899 1641 1575
Passcode: 267 825
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, April 25, 2023
NO CLOSED SESSION ~ Open Session: 4:00 p.m.

CALL TO ORDER/ROLL CALL - 4:06 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 Systems Administrator Carlos Berrocal, City Clerk Joann McClendon

CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:

Motion by Council Member Chavez, Seconded by Mayor Pro Tem Smith to Approve the Agenda as Presented. Motion passed with Council Member Ahmed absent.

OPEN SESSION – 4:07 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Council Member Troost
PRESENTATIONS/WORKSHOP - Section 1

1.1 Proclamations:
a. National Crime Victims’ Week

PUBLIC ADDRESS
No one spoke.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Chavez attended the Legislative Days in Sacramento with the City Administrator where they talked about organized crime in retail thefts, and until laws are changed people will continue to commit these types of crimes as there are no repercussions for it.

Item 3.1

CLICK HERE

TO RETURN TO

THE AGENDA
City Council Meeting MINUTES April 25, 2023
Council Member Troost attended a Valley Air Board Special City Selection meeting.

Mayor Pro Tem Smith attended the Live Fire training and very impressed by the entire event and thanked the Fire Chief for hosting the event.

2.2 STAFF VERBAL REPORTS
Deputy Director of Recreation & Community Engagement Wisener April 28 is the tree planting ceremony of the City’s Centennial Tree at RC Wisener Park near the corner of Third and Trinity.

May 26 will be a Chowchilla Community Night at the Fresno Grizzly’s game honoring the City’s Centennial. Discounted tickets are available and information on how to obtain them.

City Clerk McClendon reported on her recent CalACT Conference she attended where she learned more about micro transit. Micro transit drivers are not required to have all of the licenses regular bus drivers need, and is something that could enhance our current public transit services.

City Administrator Pruett attended Legislative Days with Council member Chavez where our senator and assembly members spoke about Central Valley priorities, unfunded state mandates; along with the Community & Economic Development Director, have been meeting with the municipal financial advisors about refunding of the CFD, plan to meet with the property owners to give them an update; meeting with PG&E on current projects and prioritizing them; attended a continuing education class.

Public Works Director Rogers attended a MCTC meeting where the Board directed staff to put the Measure T renewal on the 2024 election. Staff worked with Mid Valley Disposal last week on a successful annual curbside cleanup event. At a previous meeting a resident addressed the City Council regarding on Robertson Boulevard regarding speed and additional stop signs. A speed study was completed by the City Engineer and will be brought back as a public hearing item before Council; however, a study did determine that a stop sign at Robertson Boulevard and Montgomery Lake is warranted and as a result the City will purchase a stop sign and install it at that location.

Community & Economic Development Director Hamilton at last week’s Planning Commission meeting, they voted to change their meeting times from 7 to 5pm. They also approved the two caretaker units at Alwire, issued a temporary occupancy for O’Reilly Auto Parts.

Finance Director Williams has been catching up on some items that needed to be updated while she was out; preparing budget sheets to send out to department heads to plan for the 2023/24 fiscal year budget. A new Fiscal Manager has been hired.

Police Chief Palmer reported out on recent departmental stats and current status on vacancies and how they are being filled.

Fire Chief Gaumnitz last week he sat in on Fire Chief interview panel for the City of Firebaugh. 100% of the towns fire hydrants have been flow-tested. Weed abatement is in full swing. His department along with CSFA hosted a Live Fire training event at the Fire Station. This training included other fire departments from throughout the state.

CONSENT CALENDAR – Section 3

3.1 Approval of the April 11, 2023 City Council/Public Financing Authority Joint Meeting Minutes (McClendon)
City Council Meeting MINUTES April 25, 2023

3.2 Consideration of the Quarterly Fee Waiver Report (Pruett)

3.3 Consideration and Acceptance of the February 2023 Financials (Williams)

3.4 Consideration and Acceptance of the March 2023 Financials (Williams)

3.5 Consideration of the Quarterly PMP Report (Pruett)

3.6 Consideration and Acceptance of the March 2023 Check Register (Williams)

3.7 Consideration and Adoption of a City Council Resolution (28-23) Authorizing the City Administrator or Designee to Execute an Airport Land Lease Agreement with Thiel Air Care, Inc. (Rogers)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve the Consent Calendar as Presented. Motion passed by roll call vote with Council Member Ahmed absent.

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

6.1 Presentation: Quarterly Financial Investments Report (Pruett) *No staff report

6.2 Discussion and Direction Regarding the Use of American Rescue Plan Act Funds (Pruett)
The City Council directed staff to table the item and bring it back with additional information regarding the current water system and impacts of future developments.

ANNOUNCEMENTS – Section 7
APRIL 28 CENTENNIAL TREE PLANTING, CORNER OF 3RD & TRINITY AVE, 10AM MAY 4 NATIONAL DAY OF PRAYER, VETERANS MEMORIAL PARK, 9AM MAY 9 CITY COUNCIL MEETING, CITY HALL, 4PM
MAY 11-14 CHOWCHILLA-MADERA COUNTY FAIR
MAY 13 CHOWCHILLA SPRING FESTIVAL PARADE & BBQ
MAY 17 PLANNING COMMISSION MEETING, CITY HALL, 5PM
MAY 26 CHOWCHILLA CENTENNIAL NIGHT @ FRESNO GRIZZLY’S

ADJOURNMENT
Mayor Barrgan adjourned the April 25, 2023 City Council meeting at 5:34 p.m.

ATTEST: APPROVED:

Joann McClendon, CMC, City Clerk Mayor Ray Barragan

REPORT TO THE CITY COUNCIL
Item 3.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: March 14, 2023
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 April 2023.

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.
5/1/2023 8:41:26 AM Page 1 of 5
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 04/01/2023 - 04/30/2023
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
04/05/2023 64900 Elias Gonzalez Utility Billing Outstanding Check -219.18 04/05/2023 64901 Kevin Chou Utility Billing Outstanding Check -109.60 04/05/2023 64902 Ashley & Thor Landgren Utility Billing Outstanding Check -12.92 04/05/2023 64903 Nelido & Javier Aguirre Carranza Utility Billing Outstanding Check -141.48 04/05/2023 64904 Rachel Ceballos Utility Billing Outstanding Check -127.32 04/05/2023 64905 Martin Ibarra Utility Billing Outstanding Check -111.09 04/05/2023 64906 Blanca DelReal Utility Billing Outstanding Check -79.51 04/05/2023 64907 Volkmar Construction Utility Billing Outstanding Check -1,189.92 04/06/2023 64908 AT & T Accounts Payable Outstanding Check -69.55 04/06/2023 64909 AT & T CALNET Accounts Payable Outstanding Check -1,507.45 04/06/2023 64910 A-Z Bus Sales Inc. Accounts Payable Outstanding Check -97,810.71 04/06/2023 64911 Badger Meter Inc. Accounts Payable Outstanding Check -1,026.64 04/06/2023 64912 Baker Supplies and Repairs Accounts Payable Outstanding Check -678.51 04/06/2023 64913 BSK Associates Accounts Payable Outstanding Check -330.00 04/06/2023 64914 CDW Government, Inc. Accounts Payable Outstanding Check -4,935.09 04/06/2023 64915 Central Valley Veterinary Clinic Accounts Payable Outstanding Check -3,315.58 04/06/2023 64916 Chowchilla Do It Best Accounts Payable Outstanding Check -114.22 04/06/2023 64917 City of Chowchilla-CH Accounts Payable Outstanding Check -215.91 04/06/2023 64918 Comcast Accounts Payable Outstanding Check -43.37 04/06/2023 64919 Cop Ware Inc. Accounts Payable Outstanding Check -705.00 04/06/2023 64920 Dave Christian Construction Inc. Reversal Accounts Payable Outstanding Check Reversal 47,064.65 04/06/2023 64920 Dave Christian Construction Inc. Accounts Payable Outstanding Check -47,064.65 04/06/2023 64921 De Lage Landen Financial Services Inc. Accounts Payable Outstanding Check -1,517.01 04/06/2023 64922 Department of Justice/Acc Accounts Payable Outstanding Check -64.00 04/06/2023 64923 Diede Construction, Inc Accounts Payable Outstanding Check -98,973.75 04/06/2023 64924 Don's Mobile Glass Inc. Accounts Payable Outstanding Check -298.00 04/06/2023 64925 Farmers Hardware Accounts Payable Outstanding Check -438.07 04/06/2023 64926 Void Check Accounts Payable Voided Check 0.00 04/06/2023 64927 Fastenal Company Accounts Payable Outstanding Check -192.70 04/06/2023 64928 Friends of Madera Animal Shelter Accounts Payable Outstanding Check -135.00 04/06/2023 64929 Grainger Accounts Payable Outstanding Check -266.29 04/06/2023 64930 H & R Families Inc. Accounts Payable Outstanding Check -31.00 04/06/2023 64931 Kelly Moore Paint Company Inc. Accounts Payable Outstanding Check -395.63 04/06/2023 64932 Law & Associates Investigations Accounts Payable Outstanding Check -1,400.00 04/06/2023 64933 Madera County Accounts Payable Outstanding Check -300.00 04/06/2023 64934 Madera Tribune Accounts Payable Outstanding Check -232.00 Bank Transaction Report Issued Date Range: -
5/1/2023 8:41:26 AM Page 2 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/06/2023 64935 Merced Fence Company Accounts Payable Outstanding Check -275.00 04/06/2023 64936 Navia Benefit Solutions Accounts Payable Outstanding Check -64.80 04/06/2023 64937 Occupational Health Centers of California Accounts Payable Outstanding Check -652.50 04/06/2023 64938 ODP Business Solutions, LLC Accounts Payable Outstanding Check -2,036.30 04/06/2023 64939 PACE Supply Corp Accounts Payable Outstanding Check -1,043.69 04/06/2023 64940 Principal Life Insurance Company Accounts Payable Outstanding Check -8,621.60 04/06/2023 64941 Prudential Overall Supply Accounts Payable Outstanding Check -92.64 04/06/2023 64942 Robin Roman Accounts Payable Outstanding Check -47.01 04/06/2023 64943 S & W Auto Parts Inc. Accounts Payable Outstanding Check -530.68 04/06/2023 64944 Self Help Enterprises Accounts Payable Outstanding Check -584.95 04/06/2023 64945 St. Claire Inc. Accounts Payable Outstanding Check -1,386.00 04/06/2023 64946 TF Tire & Service Accounts Payable Outstanding Check -2,058.88 04/06/2023 64947 T-Mobile Accounts Payable Outstanding Check -93.45 04/06/2023 64948 Toshiba Financial Services Accounts Payable Outstanding Check -362.63 04/06/2023 64949 US BANK (CAL-CARD) Accounts Payable Outstanding Check -8,065.44 04/06/2023 64950 US Post Office Accounts Payable Outstanding Check -2,173.01 04/06/2023 64951 Van De Pol Enterprises Accounts Payable Outstanding Check -4,143.11 04/06/2023 64952 Vulcan Materials Accounts Payable Outstanding Check -2,601.00 04/06/2023 64953 Water Connection Inc. Accounts Payable Outstanding Check -210.28 04/06/2023 64954 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -293.81 04/06/2023 64955 Adrian Rocha Accounts Payable Outstanding Check -706.28 04/06/2023 64956 Gary V. Twitty Accounts Payable Outstanding Check -787.51 04/06/2023 64957 Jeff Troost Accounts Payable Outstanding Check -284.40 04/06/2023 64958 John Chavez Accounts Payable Outstanding Check -210.61 04/06/2023 64959 Nicholas Palmer Accounts Payable Outstanding Check -1,726.72 04/06/2023 64960 Waseem Ahmed Accounts Payable Outstanding Check -284.40 04/13/2023 64961 American Fidelity Accounts Payable Outstanding Check -1,526.74 04/13/2023 64962 American Fidelity Accounts Payable Outstanding Check -950.00 04/13/2023 64963 Anderson Pump Co Accounts Payable Outstanding Check -525.00 04/13/2023 64964 AutoZone Parts, Inc Accounts Payable Outstanding Check -31.02 04/13/2023 64965 Brown's Dock & Door, Inc Accounts Payable Outstanding Check -500.00 04/13/2023 64966 BSK Associates Accounts Payable Outstanding Check -486.00 04/13/2023 64967 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 04/13/2023 64968 Chowchilla Do It Best Accounts Payable Outstanding Check -38.91 04/13/2023 64969 Chowchilla Employees Assn. Accounts Payable Outstanding Check -165.00 04/13/2023 64970 Chowchilla Mid-Management Accounts Payable Outstanding Check -240.00 04/13/2023 64971 Chowchilla Office Accounts Payable Outstanding Check -105.00 04/13/2023 64972 Chowchilla Peace Officers Accounts Payable Outstanding Check -817.00 04/13/2023 64973 Void Check Accounts Payable Voided Check 0.00 04/13/2023 64974 Chowchilla Volunteer Fire Accounts Payable Outstanding Check -15,000.00 04/13/2023 64975 Comcast Accounts Payable Outstanding Check -265.84 04/13/2023 64976 D & V Sporting Gear Accounts Payable Outstanding Check -2,773.13 04/13/2023 64977 Dora's Fashion Accounts Payable Outstanding Check -300.00 Bank Transaction Report Issued Date Range: -
5/1/2023 8:41:26 AM Page 3 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/13/2023 64978 Farmers Hardware Accounts Payable Outstanding Check -263.92 04/13/2023 64979 Fastenal Company Accounts Payable Outstanding Check -262.20 04/13/2023 64980 Fitness Peak Accounts Payable Outstanding Check -87.50 04/13/2023 64981 Fresno Madera Counties Police Chief's As Accounts Payable Outstanding Check -350.00 04/13/2023 64982 Grover Landscape Services Inc. Accounts Payable Outstanding Check -11,698.58 04/13/2023 64983 Healthwise Services, LLC Accounts Payable Outstanding Check -386.38 04/13/2023 64984 L.N. Curtis & Sons Accounts Payable Outstanding Check -730.05 04/13/2023 64985 Madera Tribune Accounts Payable Outstanding Check -477.75 04/13/2023 64986 McClatchy Company LLC Accounts Payable Outstanding Check -571.50 04/13/2023 64987 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -119,829.18 04/13/2023 64988 Mid-Valley Pipe & Steele, Inc Accounts Payable Outstanding Check -23.38 04/13/2023 64989 ODP Business Solutions, LLC Accounts Payable Outstanding Check -272.38 04/13/2023 64990 Prudential Overall Supply Accounts Payable Outstanding Check -224.90 04/13/2023 64991 Quad Knopf, Inc. Accounts Payable Outstanding Check -4,012.50 04/13/2023 64992 Riggs Ambulance Service Accounts Payable Outstanding Check -42.00 04/13/2023 64993 S & W Auto Parts Inc. Accounts Payable Outstanding Check -339.93 04/13/2023 64994 San Joaquin Valley Unified Air Pollution Control District Accounts Payable Outstanding Check -577.00 04/13/2023 64995 Self Help Enterprises Accounts Payable Outstanding Check -738.00 04/13/2023 64996 Temple Display, LTD Accounts Payable Outstanding Check -966.00 04/13/2023 64997 U.S. Bank (PARS) Accounts Payable Outstanding Check -263.16 04/13/2023 64998 US Bank Accounts Payable Outstanding Check -6,800.00 04/13/2023 64999 US BANK (CAL-CARD) Accounts Payable Outstanding Check -5,817.05 04/13/2023 65000 Van De Pol Enterprises Accounts Payable Outstanding Check -2,146.37 04/13/2023 65001 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -10,593.07 04/19/2023 65002 Aanonson Sprinkler Company Accounts Payable Outstanding Check -268.31 04/19/2023 65003 AFLAC Accounts Payable Outstanding Check -1,125.01 04/19/2023 65004 AutoZone Parts, Inc Accounts Payable Outstanding Check -353.30 04/19/2023 65005 Baker Supplies and Repairs Accounts Payable Outstanding Check -326.24 04/19/2023 65006 BSK Associates Accounts Payable Outstanding Check -834.00 04/19/2023 65007 CDCE Incorporated Accounts Payable Outstanding Check -4,619.28 04/19/2023 65008 Central Valley Veterinary Clinic Accounts Payable Outstanding Check -750.00 04/19/2023 65009 Chowchilla Auto Body Accounts Payable Outstanding Check -52,500.00 04/19/2023 65010 Chowchilla District Chamber Accounts Payable Outstanding Check -400.00 04/19/2023 65011 Chowchilla Do It Best Accounts Payable Outstanding Check -61.57 04/19/2023 65012 Consolidated Electrical Accounts Payable Outstanding Check -355.92 04/19/2023 65013 Dave Christian Construction Inc. Accounts Payable Outstanding Check -149,552.93 04/19/2023 65014 Department of Justice/Acc Accounts Payable Outstanding Check -746.00 04/19/2023 65015 Estevan Martinez Accounts Payable Outstanding Check -68.00 04/19/2023 65016 Farmers Hardware Accounts Payable Outstanding Check -1,426.93 04/19/2023 65017 Fastenal Company Accounts Payable Outstanding Check -120.63 04/19/2023 65018 Ferguson Enterprises, Inc. Accounts Payable Outstanding Check -679.39 04/19/2023 65019 Fresno City College Accounts Payable Outstanding Check -526.00 04/19/2023 65020 Grover Landscape Services Inc. Accounts Payable Outstanding Check -202.00 Bank Transaction Report Issued Date Range: -
5/1/2023 8:41:26 AM Page 4 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
04/19/2023 65021 HCS Engineering Inc. Accounts Payable Outstanding Check -7,440.00 04/19/2023 65022 Home Depot Credit Services Accounts Payable Outstanding Check -1,931.03 04/19/2023 65023 Mace Pest Control Accounts Payable Outstanding Check -80.00 04/19/2023 65024 Madera Co Auditor/Controller Accounts Payable Outstanding Check -9,872.83 04/19/2023 65025 Madera County Animal Services Accounts Payable Outstanding Check -550.00 04/19/2023 65026 Madera Tribune Accounts Payable Outstanding Check -435.50 04/19/2023 65027 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -3,385.59 04/19/2023 65028 NBS Government Finance Accounts Payable Outstanding Check -2,000.00 04/19/2023 65029 ODP Business Solutions, LLC Accounts Payable Outstanding Check -691.19 04/19/2023 65030 OpenGov, Inc. Accounts Payable Outstanding Check -33,265.00 04/19/2023 65031 PACE Supply Corp Accounts Payable Outstanding Check -839.65 04/19/2023 65032 PARS Accounts Payable Outstanding Check -487.59 04/19/2023 65033 Prudential Overall Supply Accounts Payable Outstanding Check -143.40 04/19/2023 65034 Quad Knopf, Inc. Accounts Payable Outstanding Check -21,155.28 04/19/2023 65035 R & R Pool Service Accounts Payable Outstanding Check -130.00 04/19/2023 65036 San Diego Police Equipment Company Inc Accounts Payable Outstanding Check -244.19 04/19/2023 65037 Silva Ford Madera Accounts Payable Outstanding Check -840.73 04/19/2023 65038 Steves Chevrolet of Chowchilla, LLC Accounts Payable Outstanding Check -56,549.05 04/19/2023 65039 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,702.48 04/19/2023 65040 The Shirt Shak Accounts Payable Outstanding Check -704.16 04/19/2023 65041 Tyler Technologies, Inc. Accounts Payable Outstanding Check -7,513.75 04/19/2023 65042 U.S. Security Supply, Inc. Accounts Payable Outstanding Check -291.02 04/19/2023 65043 US BANK (CAL-CARD) Accounts Payable Outstanding Check -1,790.97 04/19/2023 65044 Van De Pol Enterprises Accounts Payable Outstanding Check -11,858.39 04/19/2023 65045 Vulcan Materials Accounts Payable Outstanding Check -661.25 04/19/2023 65046 West Coast Pet Memorial Service Accounts Payable Outstanding Check -726.30 04/19/2023 65047 Wulff, Hansen & Company Accounts Payable Outstanding Check -2,500.00 04/19/2023 65048 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -8,876.32 04/20/2023 65049 Adrian Rocha Accounts Payable Outstanding Check -661.26 04/20/2023 65050 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 04/20/2023 65051 Chowchilla Employees Assn. Accounts Payable Outstanding Check -165.00 04/20/2023 65052 Chowchilla Mid-Management Accounts Payable Outstanding Check -220.00 04/20/2023 65053 Chowchilla Office Accounts Payable Outstanding Check -105.00 04/20/2023 65054 Chowchilla Peace Officers Accounts Payable Outstanding Check -817.00 04/20/2023 65055 Void Check Accounts Payable Voided Check 0.00 04/20/2023 65056 Fitness Peak Accounts Payable Outstanding Check -87.50 04/20/2023 65057 Gary V. Twitty Accounts Payable Outstanding Check -594.22 04/20/2023 65058 Nicholas Palmer Accounts Payable Outstanding Check -1,346.83 04/20/2023 65059 U.S. Bank (PARS) Accounts Payable Outstanding Check -132.56 Bank Account 200650906 Total: (161) -844,000.93
Report Total: (161) -844,000.93
Bank Transaction Report Issued Date Range: -
5/1/2023 8:41:26 AM Page 5 of 5
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 161 -844,000.93
Report Total: 161 -844,000.93
Cash Account Count Amount
**No Cash Account** 3 0.00
999 999-0100-0215 Cash In Bank 158 -844,000.93
Report Total: 161 -844,000.93
Transaction Type Count Amount
Check 160 -891,065.58
Check Reversal 1 47,064.65
Report Total: 161 -844,000.93

REPORT TO THE CITY COUNCIL
Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: May 9, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Resolution Confirming Planning Commission Resolution Amending the Time for Regular Planning Commission Meetings PREPARED BY: Mark Hamilton, Community & Economic Development Director ATTACHMENTS: Resolution
Executed Planning Commission Resolution No. 23-04

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

Staff recommends that the City Council approve the resolution amending the time of Regular Planning Commission meetings.

BACKGROUND:

During the April 19, 2023, Planning Commission approved Resolution No. 23-04 recommending City Council to consider amending the regularly scheduled meeting time from 7:00p.m. to 5:00 p.m. This Per Chowchilla Municipal Code Chapter 2.04.030, the Planning Commission shall from time to time set by resolution the day/s, time and location of all regular Planning Commission meetings.

REASON FOR RECOMMENDATION:

To reaffirm the Planning Commission Resolution No. 23-04, amending the Regular Planning Commission meetings time from 7:00 p.m. to 5:00 p.m.

FISCAL IMPACT:

There is no financial impact.

CITY COUNCIL RESOLUTION # -23

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

AMENDING THE TIME OF REGULARLY SCHEDULED PLANNING COMMISSION MEETINGS WHEREAS, the Chowchilla Planning Commission currently holds its regular meetings on the third Wednesday of every month beginning at 7:00 p.m.; and
WHEREAS, the Chowchilla Planning Commission approved amending the time of their regular meetings to the third Wednesday of every month beginning at 5:00 p.m. with execution of Planning Commission Resolution No. 23-04; and
WHEREAS, the Chowchilla Municipal Code Section 2.24.030 provides that “[m]eeting schedule, location, date and time shall be established and amended upon submission to and approval by the city council by resolution.”
NOW, THEREFORE, BE IT RESOLVED that the Chowchilla City Council amend the time of the regular Planning Commission meetings to the third Wednesday of every month beginning at 5:00 p.m. pursuant to the Chowchilla Municipal Code section 2.24.030
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of May, 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 3.4

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THE AGENDA
Meeting of: May 9, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration and Adoption of a City Council Resolution Renewing Ordinance No. 509-22 and Policy No. 705 of the Chowchilla Police Department Policy Manual; Annual Review of Ordinance 509-22, Chowchilla Police Department Policy 705, and the 2023 Annual military Equipment Report
PREPARED BY: Mary Lerner, City Attorney
ATTACHMENTS: Resolution; Ordinance 509-22; Chowchilla Police Dept. Policy 705; 2023 Annual Military Equipment Report

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

That the City Council adopts a resolution renewing the ordinance adopting Police Military Equipment Use Policy in accordance with AB 481.

BACKGROUND:

On January 1, 2022, Governor Newsom signed into law AB 481, codified in Government Code sections 7070 through 7075. This new law requires law enforcement agencies to obtain approval from the applicable governing body of a military equipment use policy (adopted by ordinance) before obtaining funding, acquiring, or using military equipment.

The Department seeks City Council’s approval of Policy 705 (attached), by renewing Ordinance 22-03 (Attachment 1), so that the Department is authorized to continue using the equipment as specified in the Policy. The purpose of Policy 705 is to safeguard the public’s welfare, safety, civil rights, and civil liberties.

Policy 705 ensures that there are adequate safeguards in place for the use of such equipment, including transparency, oversight, and accountability.

Policy 705 includes an inventory of each piece of equipment identified in Government Code section 7070 that is currently owned by the City, and the current use and cost of each piece of equipment. Policy 705 also allows for other law enforcement agencies to use military equipment when assisting in Chowchilla as long as the assisting agency has a similar military equipment use policy adopted by its governing body.

As required by AB 481, Policy 705 has been posted on the Department’s website. If Policy 705 is reapproved, it will remain posted and publicly available on the Department’s website, along with the Annual Report, for as long as the military equipment is available for use.

As a result of the approval of Policy 705 last year, AB 481 requires the Department to annually submit a military equipment report for each approved type of military equipment to the City Council for as long as the military equipment is available for use. Additionally, the Department must make each annual report publicly available on its website for as long as the equipment is available for use. The annual report must be presented to and reviewed by the City Council at a regular meeting each year, and the City Council must determine at the annual meeting whether each type of military equipment identified in the report continues to comply with the standard of approval and determine whether to renew the ordinance approving Policy 705.

The Annual Report (Attached) contains a comprehensive list of each type of equipment owned by the City and contains all required information in accordance with Government Code section 7072. Future acquisition of any equipment deemed to be “military equipment” will comply with applicable funding and procurement requirements.

REASON FOR RECOMMENDATION:

Staff recommends that the City Council approve the Military Equipment Use Policy, Policy 705 of the Chowchilla PD Policy Manual, and the Annual Military Equipment Report. The Policy and ordinance which adopted the Policy must be renewed annually to allow the Department to continue using existing military equipment in the Department’s inventory and acquire new equipment for operational needs. Policy 705, Ordinance 509-22, and the Annual Military Equipment Report comply with the requirements of AB 481 (codified in Gov. Code section 7072) and each type of equipment identified in the Annual Report has complied with the applicable standards in Government Code section 7071(d).

Department Policy 705 was adopted by Ordinance 509-22 last year in compliance with AB 481. “Military equipment” is defined to include, without limitation, the following equipment: unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, flashbangs, and foundational equipment, such as rifles. This equipment is used as a component of overall best practices for law enforcement agencies throughout the country. Authorization to continue using this equipment is necessary to protect the safety and welfare of the public and peace officers within the City.

There is a significant interest in ensuring that the Department continues to have access to equipment that provides the Department as many resources as possible to safeguard lives, ensure safety, and protect civil liberties. The use of military equipment is crucial to the Department’s mission and will continue to be strictly regulated through internal processes and oversight, transparency, and City Council and public review.

FISCAL IMPACT:

None.

ALTERNATIVES:

Failure to comply with AB 481 would result in the police department’s inability to continue using the equipment as specified in Policy 705.

COUNCIL RESOLUTION # -23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA RENEWING ORDINANCE NO. 509-22 AND POLICY NO. 705 OF THE CHOWCHILLA POLICE

DEPARTMENT POLICY MANUAL AUTHORIZING THE USE MILITARY EQUIPMENT IN ACCORDANCE WITH GOVERNMENT CODE SECTION 7070, ET SEQ.

WHEREAS, the City Council adopted Chowchilla Police Department Policy 705 (Military Equipment Use) with the adoption of Ordinance 509-22 on April 26, 2022; and WHEREAS, in accordance with Government Code section 7070, et seq., enacted by AB 481, the Police Department has prepared the 2023 Annual Military Equipment Report (“Annual Report”), which is incorporated herein by reference, for review by the City Council; and WHEREAS, at its regular meeting on May 9, 2023, the City Council duly reviewed the Annual Report, Ordinance 509-22, and Policy 705, and reviewed the associated staff report, and considered all public input and other information pertaining to the Annual Report and the authorization to use military equipment presented at the meeting.

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

1. Based on the Annual Report, the City Council determines that each type of military equipment identified in the Annual Report has complied with the applicable standards for approval as set forth in Government Code section 7071, subd. (d).

2. Policy 705 of the Police Department Manual and Ordinance 509-22, which adopted Policy 705 on April 26, 2022, are hereby renewed.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk

Policy
705
Chowchilla Police Department
Chowchilla PD Policy Manual
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
705.2 POLICY
It is the policy of the Chowchilla Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Chowchilla Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: Military Equipment - Drones and Weapons.pdf 705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Copyright Lexipol, LLC 2023/02/21, All Rights Reserved.

Published with permission by Chowchilla Police Department Military Equipment - 546

REPORT TO THE CITY COUNCIL
Item 5.1

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THE AGENDA
Meeting of: May 9, 2023
AGENDA SECTION: Deferred Business
SUBJECT: Approval of a Resolution Authorizing the City Administrator to Execute a Memorandum of Understanding with the Chowchilla Historical Society APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution, Memorandum of Understanding

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

Staff requests City Council approve the Resolution authorizing the City Administrator to execute a Memorandum of Understanding (MOU) with the Chowchilla Historical Society to preserve, rehabilitate, renovate, and designate the former Chowchilla branch library at 621 West Robertson Boulevard, as a State historical landmark.

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.

On January, 10, 2023, City Council 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 and subsequently received direction to draft a MOU between the City and Historical Society in regards to terms and time limits for the Historical Society to attain designation and grant funding.

REASON FOR RECOMMENDATION:

Per prior direction of the City Council, a MOU has been drafted with the following specific terms:

1. City authorizes CHS to submit an application to the State of California requesting recognition of Library as a State historical landmark.

2. CHS acknowledges and understands that if their efforts to preserve and renovate Library are unsuccessful, City intends to demolish Library.

3. CHS will bear the increased costs of demolition in the event, after state recognition, its preservation and renovation efforts of Library are unsuccessful.

4. Submit and obtain State determination of Library’s historic preservation application within ninety (90) days of the Effective Date of this MOU. CHS will not be deemed in violation of this provision if the state exceeds the 90-days to make the determination for an additional 90-day period.

5. CHS has one year from the date of the state historical designation to apply for and receive grant funding for the renovation of the Library.

FISCAL IMPACT:

There is no fiscal impact to execute the MOU or 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 the MOU.

ACTIONS FOLLOWING APPROVAL:

Execute the MOU and 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 CITY ADMINISTRATOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING

WITH THE CHOWCHILLA HISTORICAL SOCIETY
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, The City of Chowchilla has proposed a Memorandum of Understanding; and WHEREAS, the City of Chowchilla and the Chowchilla Historical Society have agreed to the terms of the Memorandum of Understanding; 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.

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 City Administrator, or designee, is authorized to enter into a Memorandum of Understanding, attached hereto, with the Chowchilla Historical Society.

3. The Chowchilla Historical Society is authorized to submit an application to the State for consideration of State Historical designation.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk

MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into this 9th day of May, 2023 (the “Effective Date”), by and between the CITY OF CHOWCHILLA, a California municipal corporation (“City”) and CHOWCHILLA HISTORICAL SOCIETY, a California nonprofit public benefit corporation (“CHS”), on the terms and provisions set forth below.

RECITALS
A. CHS is a non-profit organization which has collected, acquired and preserved historical artifacts relevant to the history of the City of Chowchilla.

B. CHS shall provide proof of insurance to City in an amount of at least $1,000,000.00 and shall name City as an additional insured on the CHS insurance policy.

C. CHS, in partnership with the Chowchilla Fair Board of Directors, converted a storage building on the Chowchilla-Madera Fairgrounds into a historical museum that displays artifacts, documents and stories which recognize the history of Chowchilla and surrounding areas.

D. CHS wishes to preserve, rehabilitate, renovate, and designate the former Chowchilla branch library at 621 West Robertson Boulevard in the City of Chowchilla (“Library”), as a State historical landmark.

E. City owns fee title to the real property located at 621 West Robertson Boulevard in the City of Chowchilla.

F. Prior to CHS’s request to preserve Library and have it recognized as a State historical landmark, City intended to demolish Library as having no commercial value or City use in its present condition.

G. CHS undertook their efforts to preserve Library with full knowledge and understanding of City’s intent.

H. CHS acknowledges and understands that if their efforts to preserve and renovate Library are unsuccessful, City intends to demolish Library.

I. CHS further acknowledges and understands that their efforts to have Library recognized as a State historical landmark may increase the cost of demolition in the event their preservation and renovation efforts to Library are unsuccessful.

J. City authorized CHS to submit an application to the State of California requesting recognition of Library as a State historical landmark, subject to a requirement that CHS would

bear the increased costs of demolition in the event, after state recognition, its preservation and renovation efforts of Library are unsuccessful.

K. City and CHS now desire to enter into this MOU to set forth the respective obligations of City and CHS pursuant to and during the term of this MOU.

NOW, THEREFORE, in consideration of the above Recitals, which are incorporated herein by reference, and the mutual covenants and conditions contained herein, the parties hereto agree as follows:

1. Term. This MOU shall commence as of the Effective Date and, unless earlier terminated pursuant to the terms of this MOU, shall remain and continue in effect until receipt of necessary grant funds.

2. Scope of MOU. The roles and responsibilities of City and CHS with respect to authorization and submission of a State historic preservation application for Library and contingent demolition of such, are defined below:

A. City’s Obligations. During the term of this MOU, City shall:
i. Authorize CHS to submit a historic preservation application to the State of California, on behalf of City, to designate Library a historical landmark. ii. Timely review and respond to all submittals made by CHS pursuant to this MOU.

B. CHS’s Obligations. During the term of this MOU, CHS shall:
i. Submit a historic preservation application to the State of California, on behalf of City, to designate Library a historical landmark. ii. Be responsible for all costs incurred, generated or associated with submittal of the historic preservation application.
iii. Keep City informed of the progress of the submitted historic preservation application.
iv. Submit and obtain State determination of Library’s historic preservation application within ninety (90) days of the Effective Date of this MOU. CHS will not be deemed in violation of this provision if the state exceeds the 90-days to make the determination for an additional 90-day period. .

v. Within thirty (30) days of receiving an affirmative State determination regarding the submitted historic preservation application, provide City with written notice of its intent to move forward with its Library preservation and renovation project.
vi. CHS has one year from the date of the state historical designation to apply for and receive grant funding for the renovation of the Library. CHS will apply for any and all grants in the name of the City. Acceptance of any grant is at the sole discretion of the City.

3. CHS shall be Responsible for fifty percent (50%) of the Costs of Demolition. CHS acknowledges and agrees that if Library is designated a historical landmark pursuant to CHS’s historic preservation application, and CHS fails to begin or complete Library preservation and/or renovations in a timely manner, CHS shall be responsible to reimburse City for fifty percent (50%) of the cost of demolition and CHS shall pay for fifty percent (50%) of a demolition estimate. City has the sole discretion to select the company/individual/business that will provide the demolition estimate. .

4. Site Tours. CHS shall have the right to tour Library for purposes of planning pursuant to the terms of this Section 4.

A. Tours shall be conducted at times acceptable to City, upon a written request made to City not less than forty-eight (48) hours prior to any proposed entry. A representative of City shall accompany CHS and be present at any tours of Library.

B. In conducting its tours at Library, CHS and any potential donors, sponsors, volunteers or other similar personnel accompanying CHS shall: (1) not damage any part of Library or any personal property owned or held by any third party; (2) promptly repair any damage to Library resulting directly or indirectly from the entry by CHS or any CHS visitor from any such tours; (3) not injure or otherwise cause bodily harm to City, or its agents, guests, invitees, contractors and employees; and (4) comply with all applicable laws.

C. CHS hereby agrees to indemnify, defend, and hold harmless City and City’s respective councilmembers, officers, officials, members, employees, agents, representatives, contractors, and volunteers, from and against any and all claims, damages, liabilities, demands, actions, liens, stop notices, losses, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from or as a result of the conducting of tours, except to the extent caused by an indemnified party’s gross negligence, recklessness or intentional misconduct.

D. CHS’s obligations under this Section 4 shall survive the expiration of termination of this MOU.

E. Prior to commencing any tour, each visitor shall be required to sign a release and waiver in the form attached hereto and incorporated herein as Exhibit “A”.

5. No Predetermination of City Discretion. City and CHS acknowledge and agree that nothing in this MOU in any respect does nor shall be construed to affect or prejudge the exercise of City’s discretion concerning the designation of an exclusive negotiating agreement, predevelopment agreement, or proposed lease, and/or any submittal by CHS with respect to any of the foregoing. Neither City nor CHS intend this MOU to be an exclusive negotiating agreement, proposed lease, development agreement, purchase agreement or other agreement for the lease or other conveyance of land or the construction or development of improvements thereon. City and CHS acknowledge and agree that they have not agreed upon the essential terms of the subject matter of any transaction, and that such essential terms will be the subject matter of further negotiations. Notwithstanding any submittals to be made by CHS hereunder, City and CHS acknowledge and agree that any exclusive negotiating agreement, predevelopment agreement, or proposed lease would not be effective until it has been considered and formally approved by the City Council and thereafter has been executed by authorized representatives of each of City and CHS. Notwithstanding anything in this MOU to the contrary, City does not intend by this MOU to commit to a definite course of action with respect to an exclusive negotiating agreement, a predevelopment agreement, or a proposed lease. City retains full discretion with respect to an exclusive negotiating agreement, a predevelopment agreement, and a proposed lease, any determination pursuant to the California Environmental Quality Act (“CEQA”) with respect to a proposed lease, and any mitigation measures or alternatives to a proposed lease pursuant to CEQA, including a decision not to proceed with a proposed lease.

6. Assignment. CHS may not assign, hypothecate, encumber, or otherwise transfer this MOU or any of its rights or obligations hereunder, whether in whole or in part, without the prior written approval of the City Administrator, which approval may be given or withheld in the City Manger’s sole and absolute discretion. Any assignment City has approved shall not be effective unless and until CHS submits a signed assignment and assumption agreement in a form and with content reasonably approved by the City Attorney.

7. Legal Actions; Governing Law; Service. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy a default, to recover actual damages for any default, or to obtain any other remedy consistent with the purposes of this MOU; provided, however, that Section 9 of this MOU shall supersede any conflicting provisions of this Section 7. Such legal action must be instituted and maintained in the Superior Court of the County of Madera, State of California, or in any other appropriate court in that county. The laws of the State of California shall govern the interpretation and enforcement of this MOU. In the event that any legal action is commenced by CHS against City, service of process on City shall be made by personal service upon the City Administrator of City or in such other manner as may be provided by law. In the event any legal action is commenced by City against CHS, service of

process on CHS shall be made by personal service upon CHS or in such other manner as may be provided by law, and shall be valid whether made within or outside the State of California.

8. Rights and Remedies. Except as otherwise expressly stated in this MOU, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

9. Specific Performance as CHS’s Exclusive Remedy. Subject to CHS’s right to terminate this MOU in accordance with the terms of Section 11 of this agreement, CHS’s exclusive remedy for an uncured City default under this MOU is to institute an action for specific performance of the terms of this MOU, and in no event shall CHS have the right, and CHS expressly waives the right, to seek monetary damages of any kind, including but not limited to actual damages, economic damages, consequential damages, or lost profits, from City in the event of a default by City under this MOU or any action related to this MOU.

10. Attorney’s Fees. In the event any action is taken by either party to this MOU to enforce this MOU, the prevailing party shall be entitled to recover from the other party its actual attorneys’ fees and costs. The parties’ rights and obligations under this Section 10 shall survive the expiration or termination of this MOU.

11. Termination. Notwithstanding the term hereinabove set forth, either party may terminate this MOU if the other party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such default, and the defaulting party has refused or failed to cure same prior to the expiration of the cure period below. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have ten (10) days from the date of the written notification to cure such default. If such default is not cured within the ten (10) days, the termination shall be deemed effective.

12. Indemnity. CHS shall indemnify, protect, defend and hold harmless City and City’s elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this MOU, or any and all losses, liabilities, damages, claims or costs (including attorneys’ fees) arising from CHS’s negligent acts, errors, or omissions with respect to its obligations hereunder, excluding any such losses arising from the sole negligence or sole willful misconduct of City. This indemnity obligation shall survive the termination of this MOU. City shall have sole discretion in selecting its defense counsel.

13. Notices, Demands and Communications. Formal notices, demands, and communications between City and CHS shall be given by any of the following methods: (1) personal service with a receipt obtained, (2) delivery by reputable document delivery service that provides a receipt showing date and time of delivery, or (3) by United States certified mail, postage prepaid, and return receipt requested, addressed to:

To City: City of Chowchilla
130 S. 2nd Street
Chowchilla, CA 93610
Attn: City Administrator
To CHS: Chowchilla Historical Society
P.O. Box 611
Chowchilla, CA 93610
Attn: President
Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Mailed notices shall be deemed effective five (5) business days following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by formal notice given in accordance with this section 13.

14. Implementation. City shall maintain authority to implement this MOU through the City Administrator (or his or her duly authorized representative). The City Administrator shall have the authority to make approvals, waive provisions and/or enter into certain amendments of this MOU on behalf of City so long as such actions do not materially or substantially change the substantive terms of this MOU, or add to the costs incurred or to be incurred by City as specified herein. Such amendments may include extensions of time to perform, not to exceed fourteen (14) days per designated task. All other material and/or substantive approvals, waivers, or amendments shall require the consideration, action and written consent of the City Council.

15. Nonliability of City Officials and Employees. No member, official, employee, or contractor of City shall be personally liable to CHS in the event of any default or breach by City or for any amount which may become due to CHS or on any obligations under the terms of this MOU.

16. Interpretation. The terms of this MOU shall be construed in accordance with the plain meaning of the language used and shall not be construed against the drafting party. The descriptive headings of the sections and subsections of this MOU are for convenience only, and do not affect this MOU’s construction or interpretation.

17. Entire Agreement, Waivers, and Amendments. This MOU integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this MOU must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of City and CHS. Without limiting the foregoing, the parties understand that the results of this MOU may lead to future agreements or obligations which shall only become valid, if at all, upon full execution of such future agreements.

18. Counterparts; Electronic Signatures.

A. Counterparts. The parties may execute this Amendment in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.

B. Electronic Signatures. This Amendment, agreements ancillary to this Amendment, and related documents entered into in connection with this Amendment may be signed when a party’ s signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

19. Necessary Acts; Further Assurances. Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this MOU contemplates or to evidence or carry out the intent and purpose of this MOU.

20. Severability. If any provision or term contained in this MOU is, for any reason, declared to be invalid, illegal, or unenforceable in any respect, this MOU will remain in full force and effect and will be interpreted as though such invalid or illegal provision or term was not a part of this MOU. The remaining provisions or terms will be construed to preserve the intent and purpose of this MOU and the parties will negotiate in good faith to modify any invalidated provisions or terms to preserve each party’ s anticipated benefits. //
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IN WITNESS WHEREOF, City and CHS have executed this MOU on the respective dates set forth below.

CITY OF CHOWCHILLA, a California Municipal
Corporation
Dated: ________________ By: __________________________________ Rod Pruett, City Administrator
ATTEST:

By: __________________________________
Joann McClendon, City Clerk
APPROVED AS TO FORM:

By: __________________________________
Mary Lerner, City Attorney
CHOWCHILLA HISTORICAL SOCIETY, a
California nonprofit public benefit
corporation
Dated: ________________ By: __________________________________ Its: __________________________________

REPORT TO THE CITY COUNCIL
Item 6.1

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THE AGENDA
Meeting of: May 9, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration of Commission/Committee Appointments – Planning Commission & Airport Advisory Committee
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Application. (Due to privacy issues for the applicants, the applications will not be published online; however, once appointed, the commissioner’s address and phone number become public record.)

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

That the City Council make the appointment to the Planning Commission and Airport Advisory Committee, and authorize the City Clerk to continue recruitment advertising for the Airport Advisory Committee vacancies until all seats are filled.

BACKGROUND:

There is currently one (1) unexpired term on the Planning Commission. The term of vacant Planning Commission seat expires on January 1, 2025. Vacancy notices were posted at City Hall, on the website and published in the local newspaper. The deadline to submit an application was April 6, 2023 and then extended to April 28, 2023.

We have received two (2) applications for the Planning Commission:
 Paul Kelley
 Gilbert Hale
There are currently four (4) vacancies for the Airport Advisory Committee. The term for all the vacant seats expires January 1, 2027. As with the Planning Commission, vacancy notices were posted at City Hall, on the website and published in the local newspaper. The deadline to submit an application was April 6, 2023 and then extended to April 28, 2023.

We have received one (1) application for the Airport Advisory Committee:
• Paul Kelley
REASON FOR RECOMMENDATION:

The Planning Commission has one vacancy and two interested applicants. The Airport Advisory Committee has 4 vacancies and one interested applicant. The Planning Commission has been regularly meeting as they still have a quorum even though they are down one seat. However, the Airport Advisory Committee have not been able to meet for at least one year due to low interest in serving.

FISCAL IMPACT:

There is no financial impact from these appointments as the members do not receive compensation.

ALTERNATIVES:

Do not appoint the current applicants.

ACTIONS FOLLOWING APPROVAL:

If appointed, conduct the Oath of Office at the next Planning Commission meeting or any time before the next meeting. Continue recruitment for the Airport Advisory Committee until all vacancies are filled.

REPORT TO THE CITY COUNCIL
Item 6.2

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THE AGENDA
Meeting of: May 9, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a City Council Resolution Approving the Chowchilla Transit Zero-Emission Bus (ZEB) Rollout Plan for Submittal to and in Compliance with the California Air Resources Board (CARB) and Innovative Clean Transit (ICT) Mandate
PREPARED BY: Robin Roman, Transit Supervisor
ATTACHMENTS: Resolution, ZEB Rollout Plan

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

That the City Council adopt the resolution approving Chowchilla Transit’s Zero-Emission Bus (ZEB) Rollout Plan for submittal to and in compliance with the California Air Resources Board’s (CARB) and Innovative Clean Transit (ICT) mandate.

BACKGROUND:

The ICT regulation became effective October 1, 2019, and requires all public transit agencies to gradually transition their bus fleets to zero-emission technologies. The ICT regulation applies to all transit agencies that own, operate, or lease buses with a gross vehicle weight rating (GVWR) greater than 14,000 pounds.

It covers standard, articulated, over-the-road, double decker, and cutaway buses. The ICT regulation requires a percentage of new bus purchases to be ZEBs. The ZEB percentage increases gradually with time. The ZEB purchase requirements begin in 2026 for small transit agencies.

Chowchilla Transit is considered a small transit agency by the ICT regulations definition (13CCR § 2023(b) (30)) because it meets the following criteria: Chowchilla Transit operates less that 100 buses excluding demand response vehicles. Starting in 2029, 100% of all transit agencies’ new fixed route bus purchases must be ZEBs, with a goal of complete transition to ZEBs (all buses in each transit agency’s fleet to be ZEBs) by 2040.

REASON FOR RECOMMENDATION:

In accordance with the CARB and ICT regulation, the following plan serves as Chowchilla’s Transit ZEB rollout plan to transition its bus fleet to 100% ZEB by 2040.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the ZEB Rollout Plan. Future implementation of the plan will require funding from various state and federal transit programs. There in no impact to the General Fund.

ALTERNATIVES:

If the Council chooses not to adopt the resolution, the City would be in jeopardy of losing transit funding.

ACTIONS FOLLOWING APPROVAL:

Upon obtaining required signatures, City Clerk to submit documents to CARB.

COUNCIL RESOLUTION # -23

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

AUTHORIZING THE SUBMISSION OF THE ZERO-EMISSION BUS (ZEB) ROLLOUT PLAN

TO THE CALIFORNIA AIR RESOURCES BOARD (CARB) AS REQUIRED BY THE

INNOVATIVE CLEAN TRANSIT (ICT) REGULATION
WHEREAS, in 2018, CARB adopted the ICT Regulation Title 13 of the California Code of Regulations 2023 (13 CCR § 2023.1 through 2023.11) which requires public transit agencies to gradually transition to a 100 percent ZEB fleet with a goal for full transition by 2040; and, WHEREAS, beginning in 2026, 25 percent of Chowchilla’s new bus purchases must be zero emission buses; and,
WHEREAS, the ZEB Rollout Plan is a living document intended to guide the agency’s conversion to a ZEB fleet and may be updated based on changes in vehicle technology, fleet size and operation requirements; and,
WHEREAS, Chowchilla Transit ZEB Rollout Plan must be submitted to CARB by July 1,2023; and,
WHEREAS, the rollout plan must be approved by the Agency’s governing body through the adoption of a resolution prior to submission to CARB.

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 City Council approves the ZEB Rollout Plan.

3. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of May, 2023 by the following vote to with:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk
6/1/2023
City of Chowchilla
Zero-Emission Bus Rollout Plan

Robin Roman

CITY OF CHOWCHILLA
Zero-Emission Bus Rollout Plan
June 2023

City of Chowchilla is not part of a Join Zero-Emission Bus Group.

Section A: Transit Agency Information
City of Chowchilla (CATX)
130 S Second Street
Chowchilla, CA 93610

CATX is part of San Joaquin
Valley Air Pollution Control
District (SJVAPCD)and part of San Joaquin Valley Air Basin.

Peak Vehicles: 2
Population: 19,103
For additional information on the Rollout Plan, please contact:

Contact Information:

Robin Roman
Transit Supervisor
559-665-8615
[email protected]

Section B: Rollout Plan General Information

1. Does your transit agency’s Rollout Plan have a goal of full transition to zero-emission technologies by 2040 that avoids early retirement of conventional transit buses (13 CCR § 2023.1(d)(1)(A))? Yes

2. The ICT regulation requires 100% ZEB purchase in 2029. Conventional transit buses that are purchased in 2028 could be delivered in or after 2029. Please explain how your transit agency plans to avoid potential early retirement of conventional buses in order to meet the 2040 goal. (optional)

3. When did your transit agency’s board or governing body approve the Rollout Plan? a. Rollout Plan’s approval date (MM/DD/YYYY) (optional) b. Resolution number (optional)
c. Is a copy of the board approved resolution attached to the Rollout Plan submitted to CARB (13 CCR § 2023.1(d)(2))? Yes (required)

4. Please provide contact information for CARB to follow up on details of the Rollout Plan, if needed. (optional) a. Robin Roman
b. Transit Supervisor
c. 559 665-8615 x 203
d. Email

5. Who has created the Rollout Plan? (My transit agency / A consultant) (optional) a. If it was created by a consultant, please identify the consulting company’s name.

6. What was the cost for the creation of the Rollout Plan? (optional)

7. How many person-hours did it take to create the Rollout Plan? (optional) 5 hours.

Section C: Technology Portfolio
CATX plans to deploy a combination of battery electric and fuel cell electric buses once they are available in a cutaway and funding is secured.

Section D: Current Bus Fleet Composition and Future Bus Purchases

Number of Buses Engine Model Year Bus Model Year Fuel Type Bus Type 1 2011 2012 Gasoline Cutaways
1 2016 2017 Gasoline Cutaway
1 2016 2017 Gasoline Van
Future Bus Purchases – Cutaways and Minivans
ZEB Purchases Conventional Purchase
Year Total # of
Buses to
Purchase
# % of
Buy
Bus
Type
Fuel
Type
# % of
Buy
Bus Type Fuel Type
2023 2 0 0% N/A N/A 2 100% 1 Cutaway
1 Minivan
Unleaded Gasoline
2027 1 1 100% Cutaway Electric 0 N/A N/A N/A
2032 1 1 100% Cutaway Electric 0 N/A N/A N/A
2033 1 1 100% Mini Van Electric 1 100% 1 Minivan Unleaded Gasoline Schedule of Converting Conventional Buses to Zero-Emission Buses Chowchilla Area Transit Express is not considering converting any of the conventional buses in service to zero-emission buses.

Section E: Facilities and Infrastructure Modifications
Division/Facility
Name
Address Main
Function(s)
Type(s) of
Infrastructur
e
Service
Capacity
Needs
Upgrade
(Yes/No)
Estimated
Construction
Timeline
Chowchilla
Corporation Yard
360 N First
Street
Chowchilla, CA
93610
Vehicle
Maintenance/
Storage Bus
Parking
Bus Shelter N/A YES Install two
phase-3 Plug
in chargers
2026
Section F: Providing Service in Disadvantaged Communities CATX (Chowchilla Area Transit Express) serve the disadvantaged community, as listed in the latest version of CalEnviroScreen and will continue to for the foreseeable future.

CATX will deploy zero-emission buses in disadvantaged communities. As CATX buses transition from unleaded gasoline to zero emission, the buses will be utilized throughout the service area based on mileage, CATX will operate the zero-emission buses in all service areas within the disadvantaged communities providing cleaner, quieter service to the local ridership.

Section G: Workforce Training
CATX will receive training provided by the vehicle OEMs, technology suppliers providers as equipment is deployed onsite. Forecasted purchase dates are 2027, 2032 and 2033. Additional training for bus operators and maintenance staff on zero-emission bus technologies, additional training will be provided by other transit agencies and /or outside programs.

Section H: Potential Funding Sources
CATX has secured a LCTOP Grant for the purchase of one new electric bus in 2026 grant funds will have to rollover for four years to accumulate funds needed to purchase new bus. Chowchilla will use TDA and Measure T funds for match.

Chowchilla has not applied for infrastructure funding as of yet.

Section I: Start-up and Scale-up Challenges
Substantial amount of funding will be required to complete the ZEB transition, which presents a challenge to The City of Chowchilla. ZEB are more expensive to purchase than conventional buses. The increased capital and operation budgets will require more financial support from the federal, state, and local government.

Section J: Example of a Resolution Language
(insert adopted resolution)

REPORT TO THE CITY COUNCIL
Item 6.3

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THE AGENDA
Meeting of: May 9, 2023
AGENDA SECTION: New Business
SUBJECT: Adoption of a Resolution Authorizing the City Administrator or Designee to Amend the Fiscal Year 2022/23 City Budget to allow for the implementation of the CalHOME Program.

PREPARED BY: Mark Hamilton, Director of Community and Economic Development ATTACHMENTS: Resolution

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

That City Council approve a resolution to amend the City of Chowchilla Fiscal Year (FY) 2022/23 Budget.

BACKGROUND:

The City Council recently approved a Subrecipient Agreement and Reuse Account with Self Help Enterprises for the implementation of the program within the community, but didn’t approve a budget amendment.

The City was awarded the CalHOME Grant from the California Department of Housing and Community Development (HCD). The CalHOME grant was awarded to the City through a competitive application process based upon Self-Help Enterprises (Self-Help) capacity. Due to the City partnering with Self-Help to implement the program within the City, HCD requires the local jurisdiction to execute a Subrecipient Agreement with the vendor; and, a Reuse Account and Loan Servicing Monitoring Agreement with HCD prior to being able to expend grants funds.

REASON FOR RECOMMENDATION:

The Budget Amendment is required to allow the Finance Department to include the grant amount into the budget and have the ability to process invoices and receive reimbursements.

FISCAL IMPACT:

None. Funds will come out of the grant or program income received.

ALTERNATIVES:

Not to approve the budget adjustment
ACTIONS FOLLOWING APPROVAL:

The resolution and budget amendments will be sent to the Finance Department for inclusion into the FY 22/23 Budget.

COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AMENDING THE FISCAL YEAR 2022/23 CITY BUDGET TO ALLOW FOR THE IMPLEMENTATION

OF THE CALHOME PROGRAM
WHEREAS, on June 28, 2022, the Chowchilla City Council adopted fiscal year 2022-2023 Operating and Capital Budget with Resolution #52-21; and, WHEREAS, per Resolution #70-16, Item #5 and Item #6 states, authority to increase appropriations within a fund by an amount not to exceed $50,000 shall rest with the City Administrator and Authority to transfer appropriations between funds will be represented by resolutions duly approved by the City Council; and,
WHEREAS, the budget transfers between funds and the budget amendment exceeds $50,000 and requires City Council approval, and
WHEREAS, Expenditure and transfer accounts will need to be amended within the Fire Department, Fire DIF, Measure N or General Fund budgets in the amount of $700,000 to allow for the financial implementation of the CalHOME Program.

WHEREAS, An adequate fund balance is available in said Funds to allow for said increase of appropriations.

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. Authorizes the City Administrator or designee to execute all documents necessary to complete the service on behalf of the City of Chowchilla.

3. The Finance Director is authorized to make such other revisions, individual appropriation line-items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this resolution.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of May, 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 6.4

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THE AGENDA
Meeting of: May 9, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a Resolution Terminating the COVID-19 March 2020 Proclaimed Local Emergency
PREPARED BY: Mary Lerner, City Attorney
ATTACHMENTS: Resolution
Director of Emergency Services Termination Request

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

That the City Council adopt a Resolution terminating the local COVID-19 proclaimed state of emergency.

BACKGROUND:

California Government Code section 8630 and Sections 2.28, et seq. of the City of Chowchilla Municipal Code empowered the Director of Emergency Services for the City of Chowchilla to request the City Council to proclaim the existence or threatened existence of a local emergency when the City of Chowchilla is affected or likely to be affected by the actual or threatened existence of conditions of disaster or of extreme conditions to the safety of persons within the City. As a result of that authority, in March 2020, the Chowchilla City Council upon request of the Director of Emergency Services previously proclaimed a state of local emergency related to COVID-19.

The State of California has since terminated its declared state of emergency effective February 28, 2023, stating the conditions of extreme peril to the safety of persons and property no longer exist as it relates to COVID-19. California also provided information related to the “SMARTER plan” stating that the same “…will maintain California’s operational preparedness to address the next phase of the COVID-19 pandemic and will continue to guide the states’ work to support communities across the state. Additionally, COVID-19 vaccines, testing, and treatment continue to be available at sites within local communities across the state.” (gov.ca).

California’s SMARTER plan stands for Shots, Masks, Awareness, Readiness, Testing, Education and Rx:

The State of California also noted some key numbers in relation to California’s termination of its declared state of emergency:

1. California’s COVID-19 death rate was among the lowest in the nation.

2. California administered more than 88 million vaccines – translating to nearly 73% of the state’s population being vaccinated.

REASON FOR RECOMMENDATION:

Pursuant to the State of California, the conditions of extreme peril to the safety of persons and property no longer exist as it relates to COVID-19.

FISCAL IMPACT:

None.

ALTERNATIVES:

Maintain the local State of Emergency despite previous State action.

CITY COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWHCILLA, CALIFORNIA TERMINATING THE COVID-19 MARCH 2020 PROCLAIMED LOCAL EMERGENCY WHEREAS, California Government Code section 8630 and Sections 2.28, et seq. of the City of Chowchilla Municipal Code empowered the Director of Emergency Services for the City of Chowchilla to request the City Council to proclaim the existence or threatened existence of a local emergency when the City of Chowchilla is affected or likely to be affected by the actual or threatened existence of conditions of disaster or of extreme conditions to the safety of persons within the City; and
WHEREAS, on March 16, 2020, the Chowchilla City Council upon request of the Director of Emergency Services previously proclaimed a state of local emergency related to COVID-19; and
WHEREAS, the Director of Emergency Services now hereby requests that the City Council of the City of Chowchilla terminate the previously proclaimed local emergency as a result of COVID-19.

WHEREAS, the City Council has reviewed and considered the request from the Director of Emergency Services, dated May 4, 2023, and the findings stated therein, which request is incorporated herein by reference as though set forth in full; and WHEREAS, conditions of extreme peril to the safety of persons and property no longer exist as it relates to COVID-19.

NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of Chowchilla hereby orders the termination of the proclaimed local emergency as a result of COVID-19.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of May, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk
1 A REQUEST FROM THE DIRECTOR OF EMERGENCY SERVICES FOR

THE CITY OF CHOWCHILLA THAT THE CITY COUNCIL OF THE

CITY OF CHOWCHILLA TERMINATE THE
COVID – 19 MARCH 16, 2020 PROCLAIMED LOCAL EMERGENCY
WHEREAS, California Government Code section 8630 and Sections 2.28, et seq. of the City of Chowchilla Municipal Code empowered the Director of Emergency Services for the City of Chowchilla to request the City Council to proclaim the existence or threatened existence of a local emergency when the City of Chowchilla is affected or likely to be affected by the actual or threatened existence of conditions of disaster or of extreme conditions to the safety of persons within the City; and WHEREAS, on March 16, 2020, the Chowchilla City Council upon request of the Director of Emergency Services previously proclaimed a state of local emergency related to COVID-19; and
WHEREAS, the State of California terminated its declared state of emergency effective February 28, 2023, stating the conditions of extreme peril to the safety of persons and property no longer exist as it relates to COVID-19; and WHEREAS, California’s “‘SMARTER plan’ will maintain California’s operational preparedness to address the next phase of the COVID-19 pandemic and will continue to guide the states’ work to support communities across the state. Additionally, COVID-19 vaccines, testing, and treatment continue to be available at sites within local communities across the state.” (gov.ca); and
WHEREAS, the State of California noted some key numbers in relation to California’s termination of its declared state of emergency:

1. California’s COVID-19 death rate was among the lowest in the nation.

2. California administered more than 88 million vaccines – translating to nearly 73% of the state’s population being vaccinated.

NOW, THEREFORE, it is hereby requested that the City Council of the City of Chowchilla terminate the previously proclaimed local emergency as a result of COVID-19.

Dated: May 9, 2023.
__________________________________
Rod Pruett, City Administrator and Director of
Emergency Service for the City of Chowchilla