AGENDA
City Council Meeting
Council Chambers, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, June 13, 2023
Closed Session: 3:00 p.m. ~ 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:
PUBLIC ADDRESS – CLOSED SESSION
This time is reserved for members of the audience to address the City Council on items listed on the Closed Session agenda only. It is recommended that speakers limit their comments to no more than 3 minutes each.
CLOSED SESSION – 3:00 PM
1. CONFERENCE WITH LABOR NEGOTIATORS – Pursuant to Government Code Section 54957.6
Agency designated representatives: City Administrator, City Attorney Employee organization: Chowchilla Police Officer Association OPEN SESSION – 4:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION:
CLOSED SESSION REPORT:
City Council Meeting AGENDA June 13, 2023
PRESENTATIONS/WORKSHOP - Section 1
1.1 2023 Community Health Assessment Presentation, Madera County Department of Health
1.2 Enterprise Fleet Program Presentation
PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.
It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda.
Members of the public who are joining the meeting via Zoom and would like to address the Council on items on the agenda should follow the policy on page 4 of this agenda packet.
The Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the Council does not respond to public comment at this time.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3
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 May 9, 2023 City Council Meeting Minutes (McClendon)
3.2 Approval of the May 30, 2023 Special City Council Meeting Minutes (McClendon)
3.3 Consideration and Acceptance of the May 2023 Check Register (Williams)
3.4 Consideration and Adoption of a City Council Resolution Designating Eligible Projects for Fiscal Year 2023/24 Funded by SB1 Road Repair and Accountability Act of 2017 (Rogers)
3.5 Consideration and Adoption of a City Council Resolution Initiating Proceedings for the Annual Levy of Assessments for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla (Rogers)
PUBLIC HEARINGS – Section 4
4.1 Consideration of a Public Hearing per Municipal Code Section 10.40 – Abandoned Vehicles (Palmer)
City Council Meeting AGENDA June 13, 2023
4.2 Consideration and Adoption of a City Council Resolution Updating the City’s Procurement Policy and Procedures (Pruett)
4.3 Consideration and Adoption of a City Council Resolution Approving General Plan Amendment Application 23-0006, Amending the General Plan Text to Bring into Compliance with State Law, along with the Notice of Exemption as Set Forth in this Resolution (Hamilton)
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 City of Chowchilla 2023/24 Fiscal Year Budget Workshop (Williams) (Presentation will be available at the meeting)
6.2 Consideration and Adoption of a City Council Resolution Amending the 2022/23 Salary Scale to Include a Human Resources Manager Classification (Pruett)
6.3 Consideration and Adoption of a City Council Resolution Awarding the Contract Preparation of the 2024-2032 Housing Element Bid to Precision Engineering in the Amount of $199,865.40 and Authorizing the City Administrator or Designee to Execute all Related Documents Thereto (Hamilton)
6.4 Consideration and Adoption of a City Council Resolution Approving a Commercial Incentives Program to Reduce the Start Up Cost of Businesses Constructing New Facilities on Land Within the City Zoned C-N, C-S, C-H, MX, AND MX-D (Hamilton)
6.5 Discussion and Recommendation to Form a Measure N Ad Hoc Committee, Appointing Two Members of the City Council (Pruett)
ANNOUNCEMENTS – Section 7
JUNE 12 -
JULY 27 OPEN SWIM PROGRAM, CUHS POOL, MONDAY - THURSDAY, 12:30PM TO 4PM JUNE 16 –
JULY 21 SUMMER MARKET IN THE PARK, VETERANS MEMORIAL PARK, 6PM JUNE 16 MUSIC IN THE PARK, ‘DAKOTA CROSSING’, VETERANS MEMORIAL PARK, 8PM JUNE 17, 24 SCIENCE IN THE PARK, VETERANS MEMORIAL PARK, 6:30PM JUNE 17 MOVIES IN THE PARK, ‘LYLE, LYLE CROCODILE’, VETERANS MEMORIAL PARK, SUNSET JUNE 23 MUSIC IN THE PARK, ‘STEALING NICKS’, VETERANS MEMORIAL PARK, 8PM JUNE 24 MOVIES IN THE PARK, ‘MINIONS, THE RISE OF GRU’, VETERANS MEMORIAL PARK, SUNSET JUNE 21 PLANNING COMMISSION MEETING, CANCELLED
ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 9th day of June, 2023 at or before 4:00pm.
Joann McClendon, CMC, City Clerk
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Zoom login instructions
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MINUTES
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.
CALL TO ORDER/ROLL CALL: 4:07 p.m.
Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed (absent), 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 Troost, 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: Pastor Dave Lucas
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
PUBLIC ADDRESS
No one spoke.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
City Council Meeting MINUTES May 9, 2023
Mayor Pro Tem Smith attended National Day of Prayer, along with Council Member Troost. He also attended a CAC meeting with the two prisons, where it was reported that the Annual Torch Run is scheduled in the month of June and they are looking for donations for food for the event.
There are about 5,351 total inmates in both prisons and are looking for volunteers for their dog training program and donation of supplies. They had an inmate sale fundraiser and collected approximately $15,000.
2.2 STAFF VERBAL REPORTS
City Administrator Pruett attended a Community task force meeting, National Day of Prayer event; continued meetings with property owners regarding CFD and hoping to have everything completed by the end of this year; met with staff over Measure N and other budgets; Enterprise will make a presentation at the first meeting in June regarding their fleet program; delinquent amnesty program is expiring.
Deputy Director of Recreation and Public Engagement Wisener requested volunteers for the booth at fair; she is working on the City’s float for the parade, Grizzly Night commemorating the Centennial. She recently released the summer events schedule and have received many calls from vendors to participate.
Public Works Director Rogers reported that City staff received training on the OpenGov Procurement software and we now have two bids posted using the software, the Housing Element Update and an Alley Paving Project. He attended Self Help Enterprises’ Valley Water Tour as a guest speaker where I was able to discuss the Fairmead Sewer Consolidation Project and worked to gather additional support for the project. And finally, staff received notification from HCD that they conditionally approved our Kings Avenue Storm Drain Planning grant application in the amount of $188,000. As a result, we have been working with HCD to get full approval so that we can move forward with design. Once completed, we can apply for additional Community Development Block Grant Funds for construction to address drainage issues on the west side of the City.
Community & Economic Development Director Hamilton cert of occupancy for O’Reillys Auto Parts. Tesla has chargers, located in the Save Mart shopping center, energized; 3 homes closed in the Oleander Terrace subdivision; the HOME RFP closed where Self-Help Enterprises was the only bidder and will be brought to council in June. He met with Darren Rose, MCEDC Executive Director, over ICSC conference strategy; and, a family gaming center looking at coming into the community.
Finance Director Williams met with Transit and MCTC to go over Transit and Streets & Roads claims and applications that need to be completed; gearing up for 2023/24 budget; submitted state reporting for ARPA; will begin working with Community Development on grant tracking.
Fire Chief Gaumnitz reported that Weed Abatement in full swing; met with Diede Construction for the fire station design build project. He thanked the Fire Department staff for cleaning up the bbq seating areas prior to fair, standby the fireworks and tractor pull.
Police Chief Palmer, for fair week, some officers wearing western attire. He reported out latest departmental stats. Police Officers are busy dealing with armed robbery and the City’s first homicide investigations. A slough cleanup occurred last week, thanked all who participated.
June 16 is the annual torch run.
City Council Meeting MINUTES May 9, 2023
CONSENT CALENDAR – Section 3
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 (29-23) Amending the Time of Regularly Scheduled Planning Commission Meetings (Hamilton)
3.4 Consideration and Adoption of a City Council Resolution (30-23) 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)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve the Consent Calendar as Presented. Motion passed with Council Member Ahmed absent.
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
5.1 Consideration and Adoption of a City Council Resolution (31-23) Authorizing the City Administrator to Execute a Memorandum of Understanding with the Chowchilla Historical Society (Rogers)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #31-23, Authorizing the City Administrator to Execute a Memorandum of Understanding with the Chowchilla Historical Society, and Amending the MOU with Clarifying Language by the City Attorney. Motion passed with Council Member Ahmed absent.
NEW BUSINESS – Section 6
6.1 Consideration of Commission/Committee Appointments - Planning Commission & Airport Advisory Committee (McClendon)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Appoint Mr. Hale to the Planning Commission and Mr. Kelley to the Airport Advisory Committee. Motion passed with Council Member Ahmed absent.
6.2 Consideration and Adoption of a City Council Resolution (32-23) 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)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve City Council Resolution #32-23, 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. Motion passed with Council Member Ahmed absent.
City Council Meeting MINUTES May 9, 2023
6.3 Consideration and Adoption of a City Council Resolution (33-23) Amending the Fiscal Year 2022/23 City Budget to Allow for the Implementation of the CalHOME Program (Hamilton)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #33-23, Amending the Fiscal Year 2022/23 City Budget to Allow for the Implementation of the CalHOME Program Amending the Fiscal Year 2022/23 City Budget to Allow for the Implementation of the CalHOME Program. Motion passed with Council Member Ahmed absent.
6.4 Consideration and Adoption of a City Council Resolution (34-23) Terminating the COVID-19 March 2020 Proclaimed Local Emergency (Pruett) Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #34-23, Terminating the COVID-19 March 2020 Proclaimed Local Emergency. Motion passed with Council Member Ahmed absent.
ANNOUNCEMENTS – Section 7
MAY 11-14 CHOWCHILLA-MADERA COUNTY FAIR
MAY 13 CHOWCHILLA SPRING FESTIVAL PARADE & BBQ
MAY 15 PLANNING COMMISSION MEETING, CITY HALL, CANCELLED MAY 23 CITY COUNCIL MEETING: CANCELLED
MAY 29 MEMORIAL DAY HOLIDAY – CITY OFFICES CLOSED
JUNE 13 CITY COUNCIL MEETING, CITY HALL, 4PM
ADJOURNMENT
Mayor Barragan adjourned the May 9, 2023 Cit Council meeting in memory of Mr. Jack Stanford at 5:30 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor Ray Barragan
MINUTES
Special City Council Meeting
City Council Chamber
Chowchilla City Hall - 130 S. Second Street,
Chowchilla, CA 93610
Tuesday, May 30, 2023 – 3:00 p.m.
CALL TO ORDER/ROLL CALL: 3:02 PM
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, 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 Ahmed, Seconded by Council Member Troost to Approve the Agenda as Presented. Motion passed unanimously by roll call vote.
CLOSED SESSION – 3:04 PM
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9 Potential cases: 1
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Initiation of Litigation – Pursuant to Government Code Section 54956.9 Paragraph (4) Subdivision (d) (deciding whether to initiate litigation)
Number of Cases: 1
3. CONFERENCE WITH LABOR NEGOTIATORS – Pursuant to Government Code Section 54957.6
Agency designated representatives: City Administrator, City Attorney Employee organization: Chowchilla Police Officer Association OPEN SESSION – 4:20 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Richard Pruitt
CLOSED SESSION REPORT: Nothing to report.
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Special City Council Meeting Minutes May 30, 2023
CONSENT - Section 1
1.1 Consideration and Adoption of a City Council Resolution (35-23) Accepting Improvements and Authorizing Filing of the Notice of Completion for the New Beacon and Beacon Tower Project (Rogers)
1.2 Consideration and Adoption of a City Council Resolution (36-23) Amending the Fiscal Year 2022/23 City Budget to Allow for the Implementation of the CalHOME Program (Hamilton)
Motion by Council Member Ahmed, Seconded by Council Member Troost to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
PUBLIC HEARING - Section 2
2.1 Consideration and Adoption of a City Council Resolution (37-23) Related to Hearing Protests of any Affected Property Owners and Authorize the City Administrator to Execute Necessary Documents (2023 Weed Abatement) (Gaumnitz) Mayor Barragan opened the Public Hearing at 4:23 p.m. No one came forward for or against the item. Mayor Barragan closed the Public Hearing at 4:23 p.m.
Motion by Council Member Troost, Seconded by Council Member Ahmed, to Approve City Council Resolution #37-23, Related to Hearing Protests of any Affected Property Owners and Authorize the City Administrator to Execute Necessary Documents (2023 Weed Abatement). Motion passed unanimously by roll call vote.
DEFERRED BUSINESS – Section3
3.1 Discussion and Direction Regarding the Use of American Rescue Plan Act Funds (Rogers)
The City Council directed staff to use the remainder ARPA funds to add a new well, extend water lines (stub-outs) to Berenda Slough, and purchase a generator for Well 1A.
NEW BUSINESS – Section 4
4.1 Consideration and Adoption of a City Council Resolution (38-23) Rejecting a Bid for the HOME Services RFP Published on April 1, 2023; and
Consideration and Adoption of a City Council Resolution, Approving a Subrecipient Agreement with Self-Help Enterprises to Implement: 1) the City’s 2018 HOME Program (39-23); and, 2) 2019 HOME Program and Program Income Program, Authorizing the City Administrator to Execute both Agreements (40-23); and Consideration and Adoption of a City Council Resolution (41-23) Amending the Fiscal Year 2022/23 City Budget to Create Special Funds for the 18-HOME and Program Income Programs (Hamilton)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost, to Approve City Council Resolution #38-23, Rejecting a Bid for the HOME Services RFP Published on April 1, 2023; City Special City Council Meeting Minutes May 30, 2023
Council Resolution #39-23, Approving a Subrecipient Agreement with Self-Help Enterprises to Implement the City’s 2018 HOME Program; City Council Resolution #40-23, Approving a Subrecipient Agreement with Self-Help Enterprises to Implement the City’s 2019 HOME Program and Program Income Program, Authorizing the City Administrator to Execute both Agreements; City Council Resolution #41-23, Amending the Fiscal Year 2022/23 City Budget to Create Special Funds for the 18-HOME and Program Income Programs. Motion passed unanimously by roll call vote.
ADJOURNMENT
Mayor Barragan adjourned the May 30, 2023 City Council Special Meeting at 5:03 p.m.
ATTEST: APROVED:
Joann McClendon, CMC, City Clerk Mayor Ray Barragan
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 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 May 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.
6/8/2023 3:12:12 PM Page 1 of 6
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 05/01/2023 - 05/31/2023
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
05/02/2023 65060 Aardvark Accounts Payable Outstanding Check -1,452.40 05/02/2023 65061 BSK Associates Accounts Payable Outstanding Check -252.00 05/02/2023 65062 Chowchilla Do It Best Accounts Payable Outstanding Check -37.14 05/02/2023 65063 Chowchilla Union High School District Accounts Payable Outstanding Check -5,000.00 05/02/2023 65064 College of the Sequoias Accounts Payable Outstanding Check -150.00 05/02/2023 65065 County of Madera Accounts Payable Outstanding Check -20.00 05/02/2023 65066 DATCO Services Coporation Accounts Payable Outstanding Check -63.00 05/02/2023 65067 Farmers Hardware Accounts Payable Outstanding Check -763.91 05/02/2023 65068 Kelly Smith Accounts Payable Outstanding Check -352.13 05/02/2023 65069 Law & Associates Investigations Accounts Payable Outstanding Check -1,850.00 05/02/2023 65070 Mark Hamilton Accounts Payable Outstanding Check -241.50 05/02/2023 65071 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -127,909.09 05/02/2023 65072 Myles Guerrero Accounts Payable Outstanding Check -68.00 05/02/2023 65073 Myles Guerrero Accounts Payable Outstanding Check -51.00 05/02/2023 65074 ODP Business Solutions, LLC Accounts Payable Outstanding Check -863.36 05/02/2023 65075 Pegboard Accounts Payable Outstanding Check -402.38 05/02/2023 65076 Prudential Overall Supply Accounts Payable Outstanding Check -272.86 05/02/2023 65077 Quad Knopf, Inc. Accounts Payable Outstanding Check -65,021.20 05/02/2023 65078 Rick Manuel Medeiros Accounts Payable Outstanding Check -825.00 05/02/2023 65079 Rod Pruett Accounts Payable Outstanding Check -241.50 05/02/2023 65080 S & W Auto Parts Inc. Accounts Payable Outstanding Check -20.11 05/02/2023 65081 Self Help Enterprises Accounts Payable Outstanding Check -1,534.70 05/02/2023 65082 Silva Ford Madera Accounts Payable Outstanding Check -8,060.12 05/02/2023 65083 ULINE, Inc Accounts Payable Outstanding Check -2,741.60 05/02/2023 65084 US BANK (CAL-CARD) Accounts Payable Outstanding Check -4,059.58 05/02/2023 65085 Verizon Wireless Accounts Payable Outstanding Check -2,606.99 05/02/2023 65086 Waseem Ahmed Accounts Payable Outstanding Check -352.13 05/04/2023 65087 Adrian Rocha Accounts Payable Outstanding Check -661.26 05/04/2023 65088 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 05/04/2023 65089 Chowchilla Employees Assn. Accounts Payable Outstanding Check -165.00 05/04/2023 65090 Chowchilla Mid-Management Accounts Payable Outstanding Check -220.00 05/04/2023 65091 Chowchilla Office Accounts Payable Outstanding Check -105.00 05/04/2023 65092 Chowchilla Peace Officers Accounts Payable Outstanding Check -817.00 05/04/2023 65093 Void Check Accounts Payable Voided Check 0.00 05/04/2023 65094 Fitness Peak Accounts Payable Outstanding Check -87.50 05/04/2023 65095 Gary V. Twitty Accounts Payable Outstanding Check -443.66 Bank Transaction Report Issued Date Range: -
6/8/2023 3:12:12 PM Page 2 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/04/2023 65096 Jeff Troost Accounts Payable Outstanding Check -284.40 05/04/2023 65097 John Chavez Accounts Payable Outstanding Check -210.61 05/04/2023 65098 Nicholas Palmer Accounts Payable Outstanding Check -1,594.34 05/04/2023 65099 U.S. Bank (PARS) Accounts Payable Outstanding Check -231.42 05/04/2023 65100 Waseem Ahmed Accounts Payable Outstanding Check -284.40 05/05/2023 65100 Waseem Ahmed Reversal Accounts Payable Outstanding Check Reversal 284.40 05/08/2023 65101 Brice Young/ Huntington Equite Invest, LLC Utility Billing Outstanding Check -47.66 05/08/2023 65102 Maria Navarro Utility Billing Outstanding Check -87.42 05/08/2023 65103 Relax Massage C/O Jinping Ma Utility Billing Outstanding Check -257.71 05/08/2023 65104 Charles Wood Utility Billing Outstanding Check -176.88 05/08/2023 65105 Century 21 Utility Billing Outstanding Check -114.60 05/08/2023 65106 Guillermo Aldrete-Vanegas Utility Billing Outstanding Check -75.29 05/11/2023 65107 Aanonson Sprinkler Company Accounts Payable Outstanding Check -295.39 05/11/2023 65108 American Fidelity Accounts Payable Outstanding Check -1,526.74 05/11/2023 65109 Anderson Pump Co Accounts Payable Outstanding Check -5,870.07 05/11/2023 65110 AT & T Accounts Payable Outstanding Check -85.60 05/11/2023 65111 AT & T CALNET Accounts Payable Outstanding Check -1,422.18 05/11/2023 65112 Badger Meter Inc. Accounts Payable Outstanding Check -1,327.49 05/11/2023 65113 Baker Supplies and Repairs Accounts Payable Outstanding Check -1,028.06 05/11/2023 65114 Blue Shield of California Accounts Payable Outstanding Check -75,182.56 05/11/2023 65115 BSK Associates Accounts Payable Outstanding Check -396.00 05/11/2023 65116 Burton's Fire Inc. Accounts Payable Outstanding Check -1,380.00 05/11/2023 65117 California Building Standards Accounts Payable Outstanding Check -1,388.70 05/11/2023 65118 Central Valley Forensic Nursing Specialists Accounts Payable Outstanding Check -1,000.00 05/11/2023 65119 Chowchilla Do It Best Accounts Payable Outstanding Check -55.33 05/11/2023 65120 Chowchilla-Madera County Fair Accounts Payable Outstanding Check -450.00 05/11/2023 65121 Comcast Accounts Payable Outstanding Check -43.37 05/11/2023 65122 D & V Sporting Gear Accounts Payable Outstanding Check -206.63 05/11/2023 65123 De Lage Landen Financial Services Inc. Accounts Payable Outstanding Check -1,517.01 05/11/2023 65124 Department of Conservation Accounts Payable Outstanding Check -8,714.59 05/11/2023 65125 Department of Justice/Acc B/A Accounts Payable Outstanding Check -175.00 05/11/2023 65126 Department of Transportation Accounts Payable Outstanding Check -2,293.16 05/11/2023 65127 Division of State Architect Accounts Payable Outstanding Check -34.80 05/11/2023 65128 Dom's Electric Motor Shop Accounts Payable Outstanding Check -538.44 05/11/2023 65129 Don's Mobile Glass Inc. Accounts Payable Outstanding Check -69.00 05/11/2023 65130 Farmers Hardware Accounts Payable Outstanding Check -1,323.73 05/11/2023 65131 Void Check Accounts Payable Voided Check 0.00 05/11/2023 65132 Fastenal Company Accounts Payable Outstanding Check -177.13 05/11/2023 65133 Fresno City College Accounts Payable Outstanding Check -337.00 05/11/2023 65134 Fresno Truck Center Accounts Payable Outstanding Check -85.26 05/11/2023 65135 Grainger Accounts Payable Outstanding Check -433.92 05/11/2023 65136 Grover Landscape Services Inc. Accounts Payable Outstanding Check -6,048.76 05/11/2023 65137 Kellogg Supply Accounts Payable Outstanding Check -584.55 Bank Transaction Report Issued Date Range: -
6/8/2023 3:12:12 PM Page 3 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/11/2023 65138 Kelseyville Fire Protection District Accounts Payable Outstanding Check -8,600.00 05/11/2023 65139 Madera Tribune Accounts Payable Outstanding Check -1,059.00 05/11/2023 65140 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -5,085.18 05/11/2023 65141 MidLand Tractor Company Accounts Payable Outstanding Check -121.51 05/11/2023 65142 Mid-Valley Pipe & Steele, Inc Accounts Payable Outstanding Check -197.38 05/11/2023 65143 MISCOwater Accounts Payable Outstanding Check -310.73 05/11/2023 65144 MuniServices LLC Accounts Payable Outstanding Check -1,955.72 05/11/2023 65145 Navia Benefit Solutions Accounts Payable Outstanding Check -64.80 05/11/2023 65146 Occupational Health Centers of California Accounts Payable Outstanding Check -435.00 05/11/2023 65147 ODP Business Solutions, LLC Accounts Payable Outstanding Check -794.59 05/11/2023 65148 PACE Supply Corp Accounts Payable Outstanding Check -5,673.63 05/11/2023 65149 Price Paige & Company CPA's LLP Accounts Payable Outstanding Check -12,540.00 05/11/2023 65150 Principal Life Insurance Company Accounts Payable Outstanding Check -8,631.92 05/11/2023 65151 Prudential Overall Supply Accounts Payable Outstanding Check -139.57 05/11/2023 65152 Quad Knopf, Inc. Accounts Payable Outstanding Check -1,031.00 05/11/2023 65153 Railworks Track Systems LLC Accounts Payable Outstanding Check -215.00 05/11/2023 65154 S & W Auto Parts Inc. Accounts Payable Outstanding Check -641.68 05/11/2023 65155 Self Help Enterprises Accounts Payable Outstanding Check -1,482.67 05/11/2023 65156 TeamCalifornia Economic Development Corp Accounts Payable Outstanding Check -500.00 05/11/2023 65157 TJ Law & Associates Investigations Accounts Payable Outstanding Check -700.00 05/11/2023 65158 T-Mobile USA Inc Accounts Payable Outstanding Check -93.45 05/11/2023 65159 Toshiba Financial Services Accounts Payable Outstanding Check -381.72 05/11/2023 65160 TransNations Translations, Inc. Accounts Payable Outstanding Check -90.00 05/11/2023 65161 Turner's Towing Accounts Payable Outstanding Check -275.00 05/11/2023 65162 Tyler Technologies, Inc. Accounts Payable Outstanding Check -725.00 05/11/2023 65163 US BANK (CAL-CARD) Accounts Payable Outstanding Check -12,212.87 05/11/2023 65164 US Post Office Accounts Payable Outstanding Check -2,230.41 05/11/2023 65165 USA Bluebook Accounts Payable Outstanding Check -686.29 05/11/2023 65166 Van De Pol Enterprises Accounts Payable Outstanding Check -307.14 05/11/2023 65167 Vision Service Plan - (CA) Accounts Payable Outstanding Check -844.68 05/11/2023 65168 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -2,113.76 05/11/2023 65169 Zions Bancorporation National Association Accounts Payable Outstanding Check -640.00 05/11/2023 65170 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -325.97 05/18/2023 65171 Anderson Pump Co Accounts Payable Outstanding Check -205.93 05/18/2023 65172 AutoZone Parts, Inc Accounts Payable Outstanding Check -146.79 05/18/2023 65173 Central Valley Toxicology Inc. Accounts Payable Outstanding Check -35.00 05/18/2023 65174 Central Valley Veterinary Clinic Accounts Payable Outstanding Check -1,254.76 05/18/2023 65175 Chowchilla Do It Best Accounts Payable Outstanding Check -61.80 05/18/2023 65176 Department of Justice/Acc Accounts Payable Outstanding Check -241.00 05/18/2023 65177 Farmers Hardware Accounts Payable Outstanding Check -22.26 05/18/2023 65178 Holt of California Accounts Payable Outstanding Check -482.27 05/18/2023 65179 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -2,411.43 05/18/2023 65180 Mid-Valley Pipe & Steele, Inc Accounts Payable Outstanding Check -263.18 Bank Transaction Report Issued Date Range: -
6/8/2023 3:12:12 PM Page 4 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/18/2023 65181 ProClean Supply Accounts Payable Outstanding Check -1,189.91 05/18/2023 65182 Prudential Overall Supply Accounts Payable Outstanding Check -16.66 05/18/2023 65183 Samantha Gutierrez Accounts Payable Outstanding Check -68.00 05/18/2023 65184 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,682.48 05/18/2023 65185 TeamCalifornia Economic Development Corp Accounts Payable Outstanding Check -1,000.00 05/18/2023 65186 TF Tire & Service Accounts Payable Outstanding Check -1,560.91 05/18/2023 65187 U.S. Security Supply, Inc. Accounts Payable Outstanding Check -361.42 05/18/2023 65188 US BANK (CAL-CARD) Accounts Payable Outstanding Check -751.13 05/18/2023 65189 West Coast Pet Memorial Service Accounts Payable Outstanding Check -240.13 05/18/2023 65190 Adrian Rocha Accounts Payable Outstanding Check -661.26 05/18/2023 65191 Avery Lynn Worrell Accounts Payable Outstanding Check -872.26 05/18/2023 65192 CA State Disbursement Unit Accounts Payable Outstanding Check -385.37 05/18/2023 65193 Chowchilla Employees Assn. Accounts Payable Outstanding Check -165.00 05/18/2023 65194 Chowchilla Mid-Management Accounts Payable Outstanding Check -220.00 05/18/2023 65195 Chowchilla Office Accounts Payable Outstanding Check -105.00 05/18/2023 65196 Chowchilla Peace Officers Accounts Payable Outstanding Check -817.00 05/18/2023 65197 Void Check Accounts Payable Voided Check 0.00 05/18/2023 65198 Fitness Peak Accounts Payable Outstanding Check -87.50 05/18/2023 65199 Gary V. Twitty Accounts Payable Outstanding Check -508.19 05/18/2023 65200 Nicholas Palmer Accounts Payable Outstanding Check -1,522.77 05/18/2023 65201 U.S. Bank (PARS) Accounts Payable Outstanding Check -124.52 05/22/2023 65202 Chowchilla-Madera County Fair Accounts Payable Outstanding Check -5,000.00 05/22/2023 65203 Van De Pol Enterprises Accounts Payable Outstanding Check -4,963.87 05/24/2023 65073 Myles Guerrero Reversal Accounts Payable Outstanding Check Reversal 51.00 05/24/2023 65204 AFLAC Accounts Payable Outstanding Check -1,107.01 05/24/2023 65205 Alert-O-Lite Inc. Accounts Payable Outstanding Check -2,612.48 05/24/2023 65206 Brandley Engineering, Inc. Accounts Payable Outstanding Check -16,061.63 05/24/2023 65207 BSK Associates Accounts Payable Outstanding Check -834.00 05/24/2023 65208 Central Valley Veterinary Clinic Accounts Payable Outstanding Check -125.00 05/24/2023 65209 Comcast Accounts Payable Outstanding Check -265.84 05/24/2023 65210 Dave Christian Construction Inc. Accounts Payable Outstanding Check -47,064.65 05/24/2023 65210 Dave Christian Construction Inc. Reversal Accounts Payable Outstanding Check Reversal 47,064.65 05/24/2023 65211 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -135.42 05/24/2023 65212 Home Depot Credit Services Accounts Payable Outstanding Check -3,768.79 05/24/2023 65213 Void Check Accounts Payable Voided Check 0.00 05/24/2023 65214 Mace Pest Control Accounts Payable Outstanding Check -80.00 05/24/2023 65215 Madera Uniform and Accessores, LLC Accounts Payable Outstanding Check -16.11 05/24/2023 65216 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -1,370.20 05/24/2023 65217 PARS Accounts Payable Outstanding Check -487.59 05/24/2023 65218 Platt Electrical Supply Accounts Payable Outstanding Check -114.75 05/24/2023 65219 Prudential Overall Supply Accounts Payable Outstanding Check -1,122.18 05/24/2023 65220 Quad Knopf, Inc. Accounts Payable Outstanding Check -27,713.90 05/24/2023 65221 Riggs Ambulance Service Accounts Payable Outstanding Check -160.00 Bank Transaction Report Issued Date Range: -
6/8/2023 3:12:12 PM Page 5 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/24/2023 65222 Robert Wiley Accounts Payable Outstanding Check -120.00 05/24/2023 65223 Sparkletts Accounts Payable Outstanding Check -58.92 05/24/2023 65224 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,691.94 05/24/2023 65225 US BANK (CAL-CARD) Accounts Payable Outstanding Check -3,011.37 05/24/2023 65226 Van De Pol Enterprises Accounts Payable Outstanding Check -1,021.63 Bank Account 200650906 Total: (170) -505,528.52
Report Total: (170) -505,528.52
Bank Transaction Report Issued Date Range: -
6/8/2023 3:12:12 PM Page 6 of 6
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 170 -505,528.52
Report Total: 170 -505,528.52
Cash Account Count Amount
**No Cash Account** 4 0.00
999 999-0100-0215 Cash In Bank 166 -505,528.52
Report Total: 170 -505,528.52
Transaction Type Count Amount
Check 167 -552,928.57
Check Reversal 3 47,400.05
Report Total: 170 -505,528.52
REPORT TO THE CITY COUNCIL
Item 3.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of a City Council Resolution Designating Eligible Projects for SB 1 Road Maintenance and Rehabilitation Account Funding PREPARED BY: Jonise Arredondo, Administrative Analyst
APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
It is recommended that the Council approve the proposed resolution which will designate specific street segments for road improvements and be eligible for funding from SB 1 Road Maintenance and Rehabilitation Account (RMRA). This is an annual requirement that municipalities must complete in order to receive RMRA funds.
BACKGROUND:
Senate Bill 1 (Road Repair and Accountability Act of 2017) created funding known as the Road Maintenance and Rehabilitation Account (RMRA) that can be used to maintain local streets contingent on meeting certain guidelines and procedures. The City may designate multiple years of funding for a single project, however, a resolution and project list must be adopted each fiscal year the RMRA funding is sought. (Streets & Highways Code Section 2034) The RMRA program contains a local agency maintenance of effort (MOE) requirement that applies to agencies receiving the funds. The authorizing legislation, SB1, states that the MOE requirement is to ensure that these new road funds do not supplant existing levels of city and county general fund revenue spending on streets and roads. The MOE requirement specifies that jurisdictions utilizing RMRA funds must maintain general fund spending for street, road, and highway purposes at no less than the average from 2009-10, 2010-11, and 2011-12. The City of Chowchilla’s published MOE is $14,502 and will be included in the FY 2023-2024 Budget. Failure to meet the MOE can result in forfeiture of RMRA funds.
REASON FOR RECOMMENDATION:
Local agencies must adopt a list of proposed projects as part of their annual Road Fund budget and provide this list to the California Transportation Commission (CTC) prior to the specified deadline date. For FY 2023-2024, the deadline is July 1, 2023. RMRA funds will be distributed by the State Controller’s Office by formula pursuant to SHC section 2032(h). The City of Chowchilla is projected to receive approximately $467,524 for FY 2023-2024.
FISCAL IMPACT:
The proposed project expenditures and revenues will be included in the FY 2023-2024 Budget. The total amount of RMRA funds of $467,524 will be allocated to the project in addition to the MOE of $14,502 from the General Fund for a total of $487,524. Additional funding for the project will come from prior year RMRA funds and RSTP funds.
ALTERNATIVES:
None recommended.
ACTIONS FOLLOWING APPROVAL:
The Resolution will be uploaded to the California Transportation Commission’s CalSMART system and secure funding for the project.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA ADOPTING AN ELIGIBLE PROJECT FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Chowchilla must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $467,524 in RMRA funding in Fiscal Year 2023-2024 from SB 1; and
WHEREAS, the City is receiving SB 1 funding, and will enable the City of Chowchilla to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Chowchilla used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets/roads, and add active transportation infrastructure throughout the City this year and other similar projects into the future; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an at-risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The foregoing recitals are true and correct.
2. The following list of proposed projects will be funded in part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
Project Title: Chowchilla Blvd Reconstruction Project
Project Description: Road reconstruction of portions of Chowchilla Blvd and Avenue 24, including topographic survey, ROW determination, Civil plans and specifications, Bidding support, and construction management.
Project Location: Chowchilla Blvd from Avenue 24 to Prosperity Blvd Estimated Project Schedule: Authorization to seek bids- June 2023 Bid opening- July 2023
Contract Award- August 2023
Begin construction- September 2023
Complete construction- December 2023
Estimated Project Useful Life: 15-20 years
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of June, 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 3.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: Consent
SUBJECT: Resolution Initiating Proceedings for the Annual Levy of Assessments for Landscape Maintenance and Lighting District No. 90-1
PREPARED BY: Spencer Supinger, Contract City Engineer
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
City Council adopt a resolution initiating proceedings for the annual levy of assessments for Landscape Maintenance and Lighting District No. 90-1 and authorize the City Engineer to file his annual report.
BACKGROUND:
The Landscape Maintenance and Lighting District (LLD) No. 90-1 generates revenue for the maintenance of public landscaping and also pays for street lighting costs for areas within the LLD. All new developments are annexed into the LLD and charged an annual assessment that is collected with property taxes. There were no annexations into the LLD last year. There are currently 25 zones within the LLD, as follows:
Zone 1 Robertson Village 1, 2, & 3 Landscaping, Streetlights, Palm Parkway Zone 2 Dubose Sanders, Tract 86-13 Streetlights, Carlyle, Montgomery, etc.
Zone 3 Rosehill Tract 91-02 Streetlights, Calaveras, Penny, etc.
Zone 4 Parkridge Estates II, Tract 90-
25 Streetlights, Cedar, Oak, Elm
Zone 5 Chowchilla Gardens
Apartments
Streetlights, Kites Way, Myer
Zone 6 Washington Square
Apartments
Streetlights, Washington, Kites Way
Zone 7 Meadowlark, Tract 97-25 Streetlights, Pistachio, Elm, Birch Zone 8 Palm Estates Landscaping, Streetlights Palm Parkway Zone 9 Cornerstone Church Landscaping, Streetlights, Robertson, Fig Tree Zone 10 Pheasant Run Landscaping, Streetlights, Waterfall, Robertson, Clubhouse, S. Fig Drive, Granite Falls Way
Zone 11 Tract 90-22, Ph. 1 & 2, Shasta
Village Apartments
Landscaping Santa Cruz Blvd, Streetlights
Washington, Kites Way, Molly, etc.
Zone 12 Tract 90-22, Ph. 3 - 6 Landscaping Santa Cruz Blvd, Washington, Streetlights Santa Cruz, Elm, Rose, etc.
Zone 13 Valley Grove Estates, Tract 03-
11, Ph. 1 - 4
Landscaping Santa Cruz, Streetlights, Santa
Cruz, Howell, Peach, Plum, Cherry, etc.
Zone 14 Valley Grove Estates, Tract 03-
11, Ph. 5 & 6
Landscaping Santa Cruz, Streetlights,
Cottonwood, Peach, Willow, Almond, Parkridge
Zone 15 Valley Grove Estates, Phase 7 Landscaping Santa Cruz, Streetlights, Camellia, Chestnut, Blossom, no homes, no assessment
this year
Zone 16 Olivero Ranch Landscaping and Streetlights Washington Zone 17 The Village at Chowchilla
Apartments
Landscaping Kites Way, Streetlights, Kites, Myer
Zone 18 Tract 04-49 Landscaping Palm Parkway incomplete, administrative fee of $57.50 per parcel levied
Zone 19 Montgomery Farms, Tract 05-
07 Landscaping SR 99, Robertson, Streetlights, S.
Fig, Genoa, Montgomery
Zone 20 Heritage Center, Tract 05-62 Landscaping Robertson Blvd, Streetlights, Robertson, Front, Kings
Zone 21 Silva Ford, Tract 05-19 Landscaping SR99, Streetlights, Prosperity Zone 22 Tract 05-56 Not Completed, administrative fee levied Zone 23 Legacy Ranch, Tract 05-29 Not Completed, administrative fee levied Zone 24 Redwood Apartments Not Completed, administrative fee levied Zone 25 AutoZone Streetlights, Robertson
Zone 26 Rite-Aid Landscaping, Streetlights, Robertson
REASON FOR RECOMMENDATION:
This is the first of three actions by City Council required by the California Streets and Highways Code for the levy of the annual assessments for the LLD. The next action required by City Council will be the approval of a resolution of intention to levy and collect the annual assessments, which will set the date for the public hearing required prior to the confirmation of assessments. The final step in the process is for City Council to conduct the required public hearing, receive any testimony, and confirm the annual assessments. The assessment roll is then submitted to the County Assessor for inclusion on the property owner’s tax bill.
FISCAL IMPACT:
The annual assessments from the LLD are used for maintenance of public landscaping and street lighting.
Last year the total assessments were $313,734.78.
ALTERNATIVES:
Not to initiate proceedings for the annual levy of assessments for the LLD, resulting in the loss of the ability to levy and collect assessments to be used for maintenance of public landscaping and street lighting.
ACTIONS FOLLOWING APPROVAL:
The City Engineer will prepare the required “Engineer’s Report” that will be submitted to the City Council for review and approval. The Engineer’s Report will provide the basis for assessments and the properties to be assessed.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE AND LIGHTING DISTRICT NO. 90-1 OF THE CITY OF CHOWCHILLA WHEREAS, the City of Chowchilla has approved no new annexations to Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla (herein LLD No. 90-1) during the period of January 1, 2022 to December 31, 2022 inclusive; and
WHEREAS, proceedings for the annual assessment for LLD No. 90-1 for the fiscal year 2023-2024 need to be initiated.
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 Council proposes to undertake proceedings for the levy of the annual assessment of LLD No. 90-1 under Part 2 of Division 15 of the Streets and Highways Code of the State of California (Section 22500 et seq.) generally known as the Landscaping and Lighting Act of 1972 (Herein the “Act”).
3. The City Engineer shall prepare and file a report in accordance with Article 4 (commencing with Section 22565) of the Act.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of June, 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 4.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: Public Hearing
SUBJECT: Consideration of a Public Hearing per Municipal Code Section 10.40 – Abandoned Vehicles
PREPARED BY: Lt. Stacy Burns, Police Lieutenant
ATTACHMENTS: Photograph of vehicle; Municipal Code 10.40
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
City Staff recommends the City Council receive information from the resident despite there being no need for a hearing, as the issue has been resolved as noted below. However, the resident demanded a hearing still be held.
BACKGROUND:
On 05-17-2023, a complaint was received regarding an inoperable vehicle in the driveway of 577 Howell Road. The citizen advised the vehicle had been parked in the driveway for years and was an “eyesore”.
Code Enforcement responded to the residence and observed the vehicle in the driveway. The vehicle was surrounded by cinder blocks and boards. Code Enforcement checked the registration status of the vehicle and was advised the vehicle registration expired in 2005.
Due to the vehicle not being operable on a public roadway, Code Enforcement completed a ten-day abatement notice that was sent to the owner of the vehicle and the property owner.
A photograph taken by Code Enforcement of the vehicle was taken and is attached.
REASON FOR RECOMMENDATION:
The Chowchilla Municipal Order clearly defines an abandoned vehicle, which includes inoperable vehicles.
The vehicle in the driveway of 577 Howell Road is inoperable on public roadways. The vehicle registration has been expired for 18 years. There was a complaint regarding the vehicle, which the citizen stated the vehicle has not moved for years and is an “eyesore”.
The Municipal Orders need to be upheld to keep compliance in the City of Chowchilla. The inoperative vehicle affects the neighborhood and residents in the area. It creates a public nuisance and could reduce the value of other property in the area.
The owner of the vehicle was given the appropriate notice and time to remove the vehicle. As of 05-31- 2023, the vehicle was no longer in the driveway of the residence. I spoke with a male subject at the residence who stated the vehicle had been moved but he still wanted a hearing.
FISCAL IMPACT:
None.
ALTERNATIVES:
Not applicable.
ACTIONS FOLLOWING APPROVAL:
At this time the vehicle is no longer in the driveway or visible. .
- CODE OF ORDINANCES
Title 10 - VEHICLES AND TRAFFIC
Chapter 10.40 ABANDONED VEHICLES
Chowchilla City, California, Code of Ordinances Created: 2023-05-01 09:25:24 [EST] (Supp. No. 18, Update 1)
Chapter 10.40 ABANDONED VEHICLES
10.40.010 Findings—Purpose of provisions—Vehicle deemed nuisance when.
In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the city council makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, not including highways, except as expressly hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(Ord. 286-78 § 1 (part), 1978: prior code § 12-143 (a))
10.40.020 Definitions.
As used in this chapter:
A. "Abandoned" means to desert, surrender, forsake or cede the voluntary relinquishment of possession of a thing by the owner with intention of terminating his ownership, but without vesting it in any other person.
B. "City" means the city of Chowchilla.
C. "Highway" means a way or place, of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street.
D. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment.
E. "Owner of the vehicle" means the last registered owner and the legal owner of record.
F. "Public property" does not include "highway."
G. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. 286-78 § 1 (part), 1978: prior code § 12-143(b))
10.40.030 Chapter provisions not exclusive.
This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.
Created: 2023-05-01 09:25:23 [EST]
(Supp. No. 18, Update 1)
(Ord. 286-78 § 1 (part), 1978: prior code § 12-145)
10.40.040 Exemptions from chapter applicability.
A. This chapter shall not apply to:
1. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
B. Nothing in this chapter shall authorize the maintenance of a public or private nuisance, as defined under provisions of law other than Chapter 10 commencing with Section 22650 of Division 11 of the Vehicle Code and this chapter.
(Ord. 286-78 § 1 (part), 1978: prior code § 12-144)
10.40.050 Administration and enforcement—Chief of police authority.
A. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the chief of police or some other regularly salaried full-time employee of the city designated by the chief of police as his representative. The removal of vehicles or parts thereof from property may be by any duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle, and remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this chapter.
B. Whenever the term "chief of police" is used in this chapter, it includes any such person or public entity as the city council may, by resolution, designate. In accordance with Section 22665 of the Vehicle Code, the city council may, by resolution, request the California Highway Patrol to administer this chapter. (Ord. 286-78 § 1 (part), 1978: prior code § 12-146)
10.40.060 Administrative costs for vehicle removal.
The city council shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter.
The city council shall collect the cost to the city of removal of vehicles pursuant to the provisions of this chapter as follows:
A. Where the owner of the vehicle or owner of the land on which the vehicle is located voluntarily accomplishes the removal pursuant to subsection A of Section 10.40.080, there shall be no charge; B. Where the owner of the vehicle or the owner of the land on which the vehicle is located voluntarily removes the vehicle after a public hearing and decision requiring its removal, the charge shall consist of the administrative costs to the city in accordance with the schedule therefor established by the city council pursuant to Section 10.40.060;
C. Where the council orders the removal after formal notice pursuant to subsection B of Section
10.40.100, the charge shall consist of the administrative cost to the city in accordance with the Created: 2023-05-01 09:25:23 [EST]
(Supp. No. 18, Update 1)
schedule therefor established by the city council, together with the actual cost of vehicle removal, less the amount, if any, of payment for salvage received.
(Ord. 337-82 § 1, 1982)
10.40.070 Franchises for vehicle removal.
When the city council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 286-78 § 1 (part), 1978: prior code § 12-147)
10.40.080 Procedure—Voluntary removal—Notice to remove contents—Time.
Upon receiving knowledge of an abandoned vehicle, the chief of police shall cause the same to be abated and removed pursuant to the following procedure:
A. The chief of police shall adopt such administrative procedures as appears to him advisable to obtain the voluntary removal of such vehicle, and where he has reason to believe such administrative procedure may be effective he shall resort to such procedure prior to taking further action to compel such removal.
B. In the event the chief of police is unable to obtain voluntary removal of an abandoned vehicle within a reasonable time, he shall give a notice of at least ten days of intention to abate and remove the vehicle as a public nuisance and that the administrative and removal costs will be charged against the owner of the land and constitute a lien thereon collectible with the county taxes. Such notice shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and of the owner of the vehicle. The statement shall include notice to the property owner that he may appear in person at the hearing or may present a sworn written statement denying responsibility for the vehicle on the land with his reason for such denial in lieu of appearing. The notice of intention to abate and remove shall be mailed by registered or certified mail to the owner of the land on which the abandoned vehicle is located as shown on the last equalized assessment roll, and to the last registered and last legal owner of record of the vehicle unless it is in such condition that identification numbers are not available to determine ownership.
(Ord. 337-82 § 2, 1982)
10.40.090 Request for hearing—Notice—Service—Time, effect of failure to request hearing.
A. Upon written request by the owner of the vehicle or owner of the land received by the city council within ten days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the city council on the question of abatement and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperable vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located.
B. If the owner of the lands submits a sworn written statement denying responsibility for the presence of the vehicle on his land and giving his reasons for denial within a ten-day period, the statement shall be construed as a request for a hearing which does not require his presence. Notice of the hearing shall be mailed, by registered or certified mail at least ten days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within ten days after mailing of the notice of Created: 2023-05-01 09:25:24 [EST]
(Supp. No. 18, Update 1)
intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.
C. In the event a request for a hearing is timely received, and after the public hearing the council determines to abate the vehicle or parts thereof, said vehicle or parts thereof may not be removed by the city until ten days after mailing notice of the council decision to all interested parties. (Ord. 337-82 § 3, 1982)
10.40.100 Hearing procedure—Determination—Notice—Voluntary removal.
A. In the event a request for hearing is timely received, the city clerk shall set the same for a public hearing before the city council and give the owner requesting hearing and the chief of police at least five days' notice of the time and place thereof. Notice shall include time, place and date of hearing, description of vehicle or parts thereof, and shall be mailed registered or certified mail to all affected owners. The city council shall hear all interested persons and all relevant facts and testimony it deems pertinent on the condition of the vehicle or parts thereof and the circumstances concerning its location on the private or public property. The city council shall not be limited by the technical rules of evidence. The owner of the land on which a vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his reason for denial.
B. The council may find that the vehicle is not an abandoned vehicle within the meaning of subsection A of Section 10.40.020 and order termination of proceedings. The council may extend the stay of the abatement order to give the owner or the landowner additional time to voluntarily remove the vehicle. The council may deny the appeal and direct the abatement and removal of the vehicle. If it is determined that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and order the same removed from the property as a public nuisance and disposed of as provided in Section
10.40.110, and determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle, if available at the site.
C. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he has not subsequently acquiesced to its presence, then the landowner shall not be assessed the costs.
D. Notice of the council's decision and order shall be mailed to all affected persons within five days of adoption of an order to abate or decision to terminate proceedings. Notice shall be mailed by registered or certified mail to all affected persons.
E. If after hearing of the appeal the council directs the abatement and removal of the vehicle, the owner thereof or the owner of the land may voluntarily remove the vehicle within ten days after mailing of the notice of decision and order, and if it is not so removed, the chief of police may proceed to cause its removal. (Ord. 337-82 § 4, 1982)
10.40.110 Disposal of removed vehicles.
Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance and five days from the date of mailing of notice of the decision of such notice as required by Section 10.40.090, the vehicles or parts thereof may be disposed of by removal to a scrapyard, automobile dismantler's yard, or any suitable site operated by a local authority, or other final disposition consistent with subsection (e) of Section 22661 of the Vehicle Code. After a vehicle has been removed it shall not thereafter be reconstructed or made operable unless it Created: 2023-05-01 09:25:24 [EST]
(Supp. No. 18, Update 1)
is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates pursuant to Section 5004 of the Vehicle Code, in which case the vehicle may be reconstructed or made operable. (Ord. 286-78 § 1 (part), 1978: prior code § 12-152)
10.40.120 Notification of removed vehicles to Department of Motor Vehicles.
Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time, there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. (Ord. 286-78 § 1 (part), 1978: prior code § 12-153)
10.40.130 Collection of removal costs—Procedure—Lien.
Pursuant to the procedures set forth in Chapter 1.20 of this code, or as otherwise provided by law, the city is entitled to seek recovery of all fees and costs authorized under this chapter. (Ord. 337-82 § 5, 1982)
( Ord. No. 483-17 , § 19, 6-27-2017)
REPORT TO THE CITY COUNCIL
Item 4.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: New Business
SUBJECT: Council Resolution Amending the CPP F2.2 Procurement Policy PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution; Ordinance
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council, by motion, approve the Resolution Amending the CPP.F2.2 Procurement Policy.
BACKGROUND:
In 2000 the Council adopted what was then APP.F2.2 a Procurement Policy, setting the policies and procedures regarding procurement to provide more detailed guidelines than are contained within the Municipal Code. There have been multiple updates to the Policy since 2000 with the last one being done in January 2019. The Policy is reviewed periodically and updated to stay current with industry standards and for operational efficiency purposes.
REASON FOR RECOMMENDATION:
After reviewing the Policy, it was discovered the only exceptions to competitive procurement procedures for procurement of supplies, equipment, and services in excess of fifty thousand dollars ($50,000.00) are sole source procurement, cooperative agreements, piggyback purchases, and standardization. Staff believes a modification to allow the City Council to make determinations to waive the competitive procurement procedure will make the process more efficient and is in line with industry standards. There are some instances where the competitive procurement process can reduce efficiency due to lack of vendors in a specified service/supply industry.
FISCAL IMPACT:
There is no fiscal impact by amending the policy.
ALTERNATIVES:
Do not update the procurement policy and remain status quo.
ACTIONS FOLLOWING APPROVAL:
The Policy will be updated with the language provided in the Resolution.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA UPDATING THE CITY’S PROCUREMENT POLICY AND PROCEDURES
WHEREAS, the City of Chowchilla (“City”) Municipal Code section 4.04.050 (“Authority and duties”), subsection C (“Operational Procedures”) allows the Purchasing Agent to adopt operational procedures relating to the execution of its duties, with the approval of the City Council; and
WHEREAS, the City Procurement Policy and Procedures (“Policy”) was adopted on November 27, 2000, with the intent of providing standard guidelines for all purchases made on behalf of the City; and
WHEREAS, the Policy was last updated in January 2019, by Resolution No. 05-19; and WHEREAS, pursuant to the Policy, the only exceptions to competitive procurement procedures for procurement of supplies, equipment, and services in excess of fifty thousand dollars ($50,000.00) are sole source procurement, cooperative agreements, piggyback purchases, and standardization; and
WHEREAS, the City Council desires to update the Policy to grant the City Council authority to waive competitive procurement procedures for supplies, equipment, and services.
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 hereby adopts the amended Policy attached hereto as Exhibit A.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of June, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
PROCUREMENT
Section: Finance Effective Date: 01/2019
Subject: Purchasing Supersedes: 08/2015
Reference: CPP – F2.2 Council Approval: Resolution:
Applies to: All Employees
TABLE OF CONTENTS
PURPOSE........................................................................................................................2 APPLICATION..................................................................................................................2 AUTHORITY TO PURCHASE........................................................................................10 PURCHASES OF $50,000.00 OR LESS........................................................................12 PURCHASES EXCEEDING $50,000.00 ........................................................................18 DESIGNATED PROFESSIONAL SERVICES ................................................................25 EXCEPTIONS TO COMPETITIVE PROCUREMENT PROCEDURES ..........................27 CANCELLATION OF INVITATIONS FOR BIDS OR REQUESTS FOR PROPOSALS .30
PROCUREMENT OF PUBLIC PROJECTS, ARCHITECT-ENGINEER AND LAND SURVEYING SERVICES ...............................................................................................31 DEBARRING OF BIDDERS ...........................................................................................33 RIGHTS AND DUTIES OF BIDDERS, OFFERORS AND CONTRACTORS..................35
TYPES OF CONTRACTS, CONTRACT CLAUSES, AND MISCELLANEOUS PROVISIONS AND RIGHTS ..........................................................................................37 SPECIFICATIONS..........................................................................................................42 INTERNAL PURCHASING FORMS ...............................................................................44 MISCELLANEOUS PROCEDURES FOR ALL PURCHASES........................................48
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
PURPOSE
The policies and procedures found in this section govern all purchases made on behalf of the City. They supersede all prior directives, memorandums, and practices related to the purchasing of supplies, equipment, services, and construction. This policy is a synthesis of prudent procurement practices, applicable laws, financial principles, accounting principles, and budgetary and administrative controls.
APPLICATION
ADOPTION OF PURCHASING SYSTEM
Several fundamental principles must be observed when making purchases on behalf of the City. They are: (1) ensure supplies, equipment, services and construction are obtained at the lowest possible cost, consistent with the quality and quantity required to maintain the efficient operation of City departments, (2) exercise positive financial control over all purchases, (3) assure the quality of purchases, and (4) clearly define authority for the purchasing function.
Title 4 of the Chowchilla Municipal Code was adopted to establish efficient, equitable, and uniform procedures for the purchase of supplies, equipment, services, and construction; provide for the fair and equitable treatment by the City of all persons involved in public purchasing; maximize the purchasing value of public funds; exercise financial control over purchases; clearly define authority for procurement functions; and provide safeguards for maintaining a procurement system of quality and integrity.
Throughout the acquisition process, the City will operate in a manner that encourages competition. Reputable business practices will be observed. Suppliers and contractors will be treated in a fair and business-like manner with preference given to local suppliers based on the City’s ultimate receipt of sales tax, up to a total of $1,000.00, in accordance with the Municipal Code (see below for further detail).
APPROPRIATED FUNDS
To operate effectively within the City Budget, it is necessary to record all purchases in accordance with generally accepted accounting practices for governmental entities, as well as in relationship to the funds available in the budget. Accordingly, all employees of the City shall become familiar with and follow the City's policies and procedures as they relate to procurement. Supervisors and Department Heads must be cognizant of their respective budget limitations, initiate purchases accordingly, and code invoices appropriately. Individual departments must anticipate requirements and initiate action to purchase goods and services well in advance of the time they are needed. Estimates of annual departmental usage of certain items may be necessary so that economic ordering points may be determined.
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
THRESHOLDS FOR COMPETITIVE SEALED BIDS AND PROPOSALS
The City Administrator will establish thresholds for competitive sealed bids and proposals and will make changes to the thresholds, as she deems necessary.
PERSONAL PURCHASES PROHIBITED
1. City employees are strictly prohibited from obligating the City of Chowchilla, financially or otherwise, by any means, including but not limited to purchase orders and contracts, when the employee has a personal, material, financial, or other interest in the obligation. Employees are strictly prohibited from accepting any form of gratuities. For this section only, employee is defined as an individual drawing a salary or wages from the City, whether elected or not; any non-compensated individual performing personal services for the City or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the City; and any noncompensated individual serving as an elected official of the City.
2. At no time while appearing to represent the City, will any employee purchase any item for personal use without first informing the Supplier of the personal use. The employee with his or her personal funds shall pay all such purchases. When personal purchases are made under these circumstances, separate invoices or sales receipts must be issued by the Supplier. Such invoices must bear the employee's name, home address, and phone number and may not be delivered to the City. Employees may not accept discounts, sales, reduced prices, or other benefits offered by Suppliers because of employees’ relationships with the City.
3. At no time will any employee be allowed to incur costs to the City for personal purposes, such as making personal long distance phone calls, copies, or facsimiles, mailing personal bills, letters, or packages, or otherwise committing the City to pay for an employee's personal expenses.
4. At no time will any employee use, borrow, loan, or take home City equipment or supplies for personal use, whether for recreational use or for personal business.
5. City employees should avoid any implied or actual infraction of City rules and regulations, such as receiving personal mail at City offices, using the City address or telephone number on personal checks, or any other indication that the employee might stand to gain at cost to the City.
RESPONSIBILITY FOR ENFORCEMENT
The City Administrator has the ultimate responsibility of assigning appropriate and designated or delegated authority to the Finance Director for operational enforcement and monitoring. Department Heads (and mid managers and supervisors as assigned) have the overall day to day responsibility for compliance of this administrative policy.
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
PUBLIC ACCESS TO PROCUREMENT INFORMATION
Procurement information shall be a public record to the extent provided in Government Code §6252 and shall be available to the public as provided in that statute. Some of the requirements of Government Code Section 6252 are summarized below to provide a brief overview of the California Public Records Act as it may pertain to procurement records. This section is set forth here for informational purposes only. Because Government Code Section 6252, et. seq., may be changed at any time by the legislature, the City Attorney should be consulted before taking action under the California Public Records Act.
1. DEFINITION OF “PUBLIC RECORD”. “’Public record’ includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by the City regardless of physical form or characteristics.”
2. RECORDS MUST BE OPEN TO INSPECTION AT ALL TIMES. Public records must open to inspection at all times during the City's office hours, except as noted below under “Exceptions". Any reasonably, segregated portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempt by law.
3. RECORDS SHALL BE MADE PROMPTLY ACCESSIBLE. Upon a request for a copy of records that reasonably describes an identifiable record or records, the City shall make the records promptly available to any person, upon payment of fees covering direct costs of duplication, or a statutory fee, if applicable. Upon request, an exact copy shall be provided unless impracticable to do so. Computer data shall be provided in a form determined by the City.
4. DETERMINATIONS MUST BE MADE WITHIN TEN DAYS WHETHER THE
REQUEST SEEKS COPIES OF PUBLIC RECORDS IN POSSESSION OF THE CITY THAT MAY BE DISCLOSED. The City, upon a request for a copy of records shall, within ten- (10) days from receipt of the request, determine whether the request, in whole or in part, seeks copies of public records in the possession of the City that may be disclosed. The City shall promptly notify the person making the request of the determination and the reasons for it. a. TIME EXTENSION MAY BE ALLOWED IN UNUSUAL
CIRCUMSTANCES. In unusual circumstances, the time limit prescribed in this section maybe extended by written notice by the City Administrator, or its designee, to the person making the request. The written notice shall set forth the reasons for the extension and the date on which a determination should be dispatched.
i. NO EXTENSION BEYOND 14 DAYS. No notice shall specify a date that would result in an extension for more than 14 days. Only to the extent reasonably necessary to the proper procession of the
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
particular request, as used in this section, “unusual circumstances” means:
1. NEED TO SEARCH AND COLLECT RECORDS. The
need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;
2. NEED TO SEARCH, COLLECT AND EXAMINE RECORDS.
The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request;
3. NEED TO CONSULT WITH ANOTHER AGENCY. The
need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the City having substantial subject
matter interest in the determination of the request.
b. OBSTRUCTION TO RECORDS IS NOT PERMITTED. Nothing in
Government Code Section 6252, et. seq., shall be construed to permit the City to obstruct the inspection or copying of public records. Public records stored in a computer shall be disclosed as required by this section. c. NOTIFICATION OF DENIAL SHALL BEAR NAMES & TITLES OF
PERSON(S) RESPONSIBLE. Any notification of denial of any request for records shall set forth the names and titles or positions of each person responsible for the denial.
d. CITY MAY ADOPT REQUIREMENTS TO IMPROVE ACCESS. Except as otherwise prohibited by law, the City may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth by Government Code Section 6252.
e. CITY MAY ADOPT PROCEDURES FOR RECORD REQUESTS. The City may adopt regulations stating the procedures to be followed when making its records available in accordance with Government Code §6252.
5. EXCEPTIONS. Except as provided in Government Code §6254.7 and §6254.13, nothing in the California Public Records Act shall be construed to require disclosure of records that are any of the following:
a. PRELIMINARY DRAFTS, NOTES, INTER-AGENCY, OR INTRA-AGENCY
MEMORANDA NOT RETAINED BY THE CITY IN THE ORDINARY
COURSE OF BUSINESS. Preliminary drafts, notes, interagency or intraagency memoranda that are not retained by the City in the ordinary course of business, if the public interest in withholding those
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
records clearly outweighs the public interest in disclosure. b. RECORDS PERTAINING TO PENDING LITIGATION. Records pertaining to pending litigation to which the City is a party, or to claims made pursuant to Division 3.6 (commencing with §810) until the pending litigation or claim has been finally adjudicated or otherwise settled.
6. CITY MUST JUSTIFY WITHHOLDING RECORDS. The City shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of Government Code §6252, et. seq., or that on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.
7. ACCESS TO RECORDS MAY NOT BE DENIED BASED UPON PURPOSE OF REQUEST. The City may not limit access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure.
8. NOTHING IN THIS SECTION PREVENTS DESTRUCTION OF
RECORDS PURSUANT TO LAW.
DEFINITIONS
1. BRAND NAME OR EQUAL SPECIFICATIONS. A specification limited to one or more items by manufacturers’ names or catalogue numbers to describe the standard of quality, performance, and other salient characteristics needed to meet City requirements, and which provides for the submission of equivalent products.
2. BRAND NAME SPECIFICATIONS. A specification limited to one or more items by manufacturers’ names or catalogue numbers.
3. BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
4. BUSINESS, LOCAL. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity, which maintains a physical, working office within the city limits of the City of Chowchilla.
5. CHANGE ORDER. A written order signed and issued by the City Administrator, or its designee, directing the supplier or contractor to make changes or modifications to an order. The change order may make written alteration to the specifications, delivery point, rate of delivery, period of performance, price, quality, quantity, or other provisions of the contract.
6. CONTRACT. Any authorized City agreement, regardless of what it is called (purchase order, contract, etc.), for the procurement of supplies, equipment, services, or construction.
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
7. CONTRACTOR. Any person having a contract with the City.
8. CONSTRUCTION. The furnishing of labor, equipment, materials, time or effort by a contractor for the permanent or temporary erection, painting, carpeting, alteration, demolition, maintenance, or repair of any public structure, building, plant, park, lot, facility, utility system, real property, well, road or other improvement of any kind, including work in or about streets, sewers, streams, bays, waterfronts, embankments, and work for protection against overflow.
9. COST ANALYSIS. The evaluation of cost data for arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed.
10. COST DATA. Factual information concerning the cost of labor, material, overhead, and other cost elements that are expected to be incurred, or which have been actually incurred, by the contractor in performing the contract; or that are expected to be incurred by the City in the use of the equipment or material to be purchased.
11. COST REIMBURSEMENT CONTRACT. A contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this Manual, and a fee or profit, if any.
12. DIRECT OR INDIRECT PARTICIPATION. Involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.
13. DISADVANTAGED BUSINESS. A small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages.
14. EMPLOYEE. An individual drawing a salary or wages from the City, whether elected or not; any non-compensated individual performing personal services for the City or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the City; and any non-compensated individual serving as an elected official of the City.
15. EQUIPMENT. (See “Supplies”)
16. FINANCIAL INTEREST. "Financial interest" as used herein, is defined by the City's Conflict of Interest Code for Designated Employees.
17. GRATUITY. A payment, loan, subscription, advance, deposit of money, service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
18. IMMEDIATE FAMILY. A spouse, children, parents, brothers, and sisters.
19. INVITATION FOR BIDS. All documents, whether attached or incorporated by reference utilized for soliciting sealed bids. Invitations for Bids (IFB) are awarded to the lowest responsible and responsive bidder(s).
20. LOCAL BUSINESS. (See Business, Local).
21. PERSON. Any business, individual, corporation, union, committee, club, other organization, or group of individuals.
22. PRICE ANALYSIS. The evaluation of price data, without analysis of the separate cost components and profit as in cost analysis, which may assist in arriving at prices to be paid and costs to be reimbursed
23. PRICING DATA. Information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and sub-contract prices.
24. PROCUREMENT. The buying, purchasing, renting, leasing, trading, or otherwise acquiring of any supplies, equipment, services or construction. It also includes all functions that pertain to the obtaining of any supplies, equipment, services, or construction, including descriptions of requirements, selection and solicitation of sources, preparation, and award of contracts, and all phases of contract administration.
25. QUALIFIED PRODUCTS AND SERVICES LIST. An approved list of supplies, equipment, services, or construction items described by model numbers, catalog numbers, or other means, which, before competitive solicitation, the City has determined will meet the applicable specification requirements.
26. REQUEST FOR PROPOSALS. All documents, whether attached or incorporated by reference, utilized for soliciting proposals. Requests for Proposals (RFP) are generally awarded based on factors other than and including price.
27. REQUESTING DEPARTMENT. Any department, commission, board, or agency requiring supplies, equipment, services, or construction procured pursuant to the Ordinance.
28. RESPONSIBLE BIDDER OR OFFEROR. A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.
29. RESPONSIVE BIDDER OR OFFEROR. A person who has submitted a bid that conforms in all material respects to the requirements set forth in the solicitation.
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
30. SERVICES. The furnishing of labor, time, or effort by a contractor, not involving delivery of a specific product other than reports which are merely incidental to the required performance. ”Services” shall include professional services. “Services” shall not include employment agreements or collective bargaining agreements.
31. SPECIFICATION. Any description or scope of work of the physical or functional characteristics or of the nature of supplies, equipment, service, or construction. It may include a description of any requirement for inspection, testing or delivery of supplies, equipment, services, or construction.
32. SUPPLIES. All property, including but not limited to equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land.
9 EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
CHAPTER 1
AUTHORITY TO PURCHASE
SECTION I - GOVERNING BODY
The City Council determines expenditure levels through the formulation and approval of the annual budget. In performing this policy making function, the City Council establishes a set of goals, priorities, and performance standards to which the City organization directs its collective efforts to accomplish.
SECTION II - CITY ADMINISTRATOR
The City Council has delegated to the City Administrator responsibility for carrying out a program of services to the community. It is the City Administrator's responsibility to manage the Annual Budget to accomplish the goals and priorities of the City Council. All regulations, as well as recommendations for changes in general procurement policies will only be made with the approval of the City Administrator.
1. CREATION OF THE POSITION OF PURCHASING AGENT. Title 4 of the Chowchilla Municipal Code created the position of purchasing agent, who is the City’s principal public purchasing official. The City Administrator, or such other person as the City Administrator may designate, shall be the purchasing agent of the City.
2. DUTIES. In accordance with the Municipal Code, and subject to the supervision of the Mayor and City Council, the City Administrator shall:
a. Procure or supervise the procurement of supplies, equipment, services and construction needed by the City;
b. Exercise general supervision over all inventories of supplies and equipment belonging to the City;
c. Sell, trade or otherwise dispose of surplus supplies and equipment belonging to the City;
d. Establish and maintain programs for specification development, contract administration, inspection, testing, and acceptance; e. Ensure all state and local procurement laws and internal procedures and policies are followed; and
f. Adopt and administer a code of ethics that shall be followed by all employees in the procurement of supplies, equipment, services, and construction.
3. OPERATIONAL PROCEDURES. Consistent with the Municipal Code, and with the approval of the Mayor or City Council, the City Administrator may adopt operational procedures relating to the execution of its duties.
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
SECTION III - DELEGATION TO OTHER CITY OFFICIALS
In accordance with Title 4 of the Municipal Code, the City Administrator may delegate authority to purchase certain supplies, equipment, construction items or services to other City officials as deemed necessary for the effective procurement of those items.
1. DEPARTMENT HEAD RESPONSIBILITY. City Department Heads are responsible for meeting the goals and objectives established by the City Council and they are provided with budgeted funds to attain those goals. Each Department Head has the responsibility and authority to make certain that purchases are within the scope of the adopted budget. This authority may be delegated supervisors who are responsible for services or cost centers within the department.
Department Heads have been granted the discretion to make purchases within the scope of their respective appropriations. Department Heads may proceed with purchases (either capital outlay items or routine supplies, tools, etc.) as long as the purchases do not exceed the "bottom line" by the end of the fiscal year.
Purchases that would cause expenditures to exceed a department's budget may not be made without prior written approval of the City Administrator.
Although the City Council has established goals and expenditure levels for each department, an appropriation is neither a permit nor a directive to expend funds.
Purchases shall not be made unless the need for the goods or services continues to exist and the total cost of the goods or services is within the parameters of the budget as stated above. In addition, these criteria must be ultimately weighed against the availability of funds and the relationship of the departmental goals to the overall City priorities. For proper management control, it is imperative that all expenditures be authorized before purchase.
Department Heads may authorize their designated employees to make purchases under $1,000.00.
EXHIBIT A
CITY OF CHOWCHILLA
POLICY AND PROCEDURES
CHAPTER 2
PURCHASES OF $50,000.00 OR LESS
SECTION I - MICRO-PURCHASES $0 - $10,000
The City Administrator shall adopt operational procedures for making micro purchases not exceeding the amount fixed by the City Administrator for Small Purchases. Micro purchases may be made without competition. No bid or quote is required. Micro purchases may be made by claim, purchase order, blanket order, contract order, procurement card or any other method determined by the City Administrator to be reasonable and cost effective methods for making such purchases.
1. PURCHASING AUTHORITY
a. $1,000 OR LESS. Individual employees with prior approval of their Department Head may purchase up to $1,000.00.
b. $1,001 TO $10,000 – PURCHASE ORDER IS REQUIRED.
i. $1001 - $5,000 Department Heads (or authorized designee as approved by the City Administrator) must sign all Purchase Orders. ii. $5,001 - $10,000 Purchases over $5,000.00 require the prior approval of the City Administrator and Department Head.
2. PURCHASING PROCEDURE
a. LESS THAN $50.00. Purchases totaling less than $50 and purchased from Suppliers other than those listed under the Open PO Supplier listing, shall be made using petty cash
i. USE AN ADVANCE OR REIMBURSEMENT. The employee making the purchase shall request an advance or reimbursement from the appropriate petty cash fund. (See Petty Cash Procedures herein.) b. $1,000.00 OR LESS. Purchases totaling $1,000.00 or less may be made with Open PO Suppliers (Finance maintains a list). If an open purchase order does not exist for the Supplier you want to use, submit a Purchase Order Request, approved by a Department Head, to Finance for a Purchase. All Purchase Order Requests over $1,000 must be preapproved by the appropriate Department Head.
3. LOCAL & RECYCLED PREFERENCES. Apply local and recycled materials preferences (Chapter 2, Sections IV and V below) when appropriate.
SECTION II - SMALL PURCHASES $10,001 - $50,000
1. CONDITIONS FOR USE. Any contract not exceeding $50,000.00 or the amount fixed by the City Administrator for solicitation of Formal Bids, may be
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made in accordance with the informal quote procedures authorized in this Chapter. Contract requirements shall not be artificially divided to constitute Request for Quotations (RFQs) or small purchases under this Chapter.
2. PROCEDURES
a. USE OF INFORMAL QUOTES. Quotes may be solicited using a Request for Quotation form and a "RFQ Terms and Conditions". The Terms and Conditions must always accompany the RFQ form because they protect the City’s interests and help resolve problems that may occur with the order. The RFQ and "RFQ Terms and Conditions" may be sent by mail, facsimile or email.
i. Phone calls and web searches may also be used. All quotes must be documented and kept on file. Email responses and written detail of verbal quotes will suffice the documentation requirement. b. SOLICIT NO LESS THAN THREE BUSINESSES. Insofar as it is practical, no less than three businesses shall be solicited to submit quotations. c. PUBLIC NOTICE AND ADVERTISING ARE NOT REQUIRED. Public notice and advertising of the Request For Quotes is not required. d. RECEIPT OF QUOTES. A summary of quotes shall be prepared containing the name of each bidder, the number of modifications (addenda) received, if any, and a description sufficient to identify the item/services offered and the price(s). The summary shall be open for public inspection only after the time for receipt of quotes. e. AWARD TO LOWEST RESPONSIBLE AND RESPONSIVE BIDDER.
Award must be made to the lowest responsible and responsive bidder. i. "Responsible" bidder is a person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit that will assure good faith performance.
ii. Responsive" bidder is a person who has submitted a bid that conforms in all material respects to the requirements set forth in the solicitation.
f. AWARD TO OTHER THAN LOWEST BIDDER. If award is made to other than the bidder offering the lowest price, a memo must be attached to the Purchase Order Request, and signed by the Department Head, which indicates why the lowest bidder or bidders do not meet specifications or are not responsible bidders.
g. DEPARTMENT RECOMMENDATION FOR AWARD. After reviewing the
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quotes received and applying the Local Preference and the RecycledMaterials Preference (Sections IV and V of this Chapter) when applicable, the Department Head shall submit a Purchase Order Request with a recommendation of award to the City Administrator. h. CITY ADMINISTRATOR APPROVAL REQUIRED. The City Administrator must approve award of bid (quote) before a purchase order will be issued. i. QUOTES AND SUMMARY ATTACHED TO PO REQUEST. A copy of the original RFQ and copies of all quotes received must be attached to the Purchase Order Request and summarized on a "Bid Summary".
Please highlight the lowest responsible and responsive bidder.
3. PUBLIC RECORD. The names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded and maintained as a public record.
a. NO “CONFIRMING ORDERS”. Orders shall not be placed before purchase orders are issued (confirming orders). The City of Chowchilla will not pay for purchases that are ordered before approval is obtained. b. SOLE SOURCE PURCHASE. If the item or service is available from only one source, a "Bid Summary" form must be attached to the Purchase Order Request. The Sole Source Box must be checked. The requisitioner shall furnish a detailed justification explaining the sole source request.
SECTION III - INFORMAL COMPETITIVE PROPOSALS
1. CONDITIONS FOR USE. When the City Administrator determines that the use of an informal Request For Quotations (RFQ) and award to the lowest responsible and responsive bidder is neither practicable nor advantageous to the City, a contract may be entered into by use of the informal competitive proposals method. The informal Request For Proposals (RFP) method requires solicitation of proposals that will be evaluated based on award criteria other than, but including, the lowest price. The informal RFP method is similar to the formal RFP method (Chapter 3, Section II of this manual) but it contains fewer requirements.
2. PROCEDURES
a. USE REQUEST FOR PROPOSAL (RFP) FORM AND TERMS &
CONDITIONS. Proposals must be solicited using a Request for Proposals format and the "RFP Terms and Conditions". The Terms and Conditions must always accompany the RFP form because they protect the City’s interests and help resolve problems that may occur with the order. The RFP and "RFP Terms and Conditions" may be sent by mail or facsimile. b. SOLICIT NO LESS THAN THREE BUSINESSES. Insofar as it is practical no less than three businesses shall be solicited to submit proposals.
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c. PUBLIC NOTICE AND ADVERTISING ARE NOT REQUIRED.
Public notice and advertising of the informal Request For Proposals is not required.
d. RECEIPT OF PROPOSALS. Although it is not necessary that informal proposals be received in a sealed envelope, no proposal shall be handled to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A summary of proposals shall be prepared containing the name of each offeror, the number of modifications (addenda) received, if any, and a description sufficient to identify the item or service offered. The register of proposals shall be open for public inspection only after contract award. e. AWARD OF PROPOSAL DETERMINED IN THE BEST INTEREST OF THE CITY. Award must be made to the proposal determined to be in the best interest of the City, after consideration of all evaluation factors identified in the RFP.
f. EVALUATION FACTORS. The informal Request For Proposals shall state the relative importance of price and other evaluation factors. g. DISCUSSION WITH RESPONSIBLE OFFERORS AND REVISIONS TO PROPOSALS. As provided in the Request For Proposals, discussion may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award. Discussions shall be for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. Such revisions may be permitted after submissions and before award for obtaining best and final offers. In conducting discussions, there shall be no disclosure of identity of competing offerors or of any information derived from proposals submitted by competing offerors.
h. AWARD RECOMMENDATION. The Department Head must indicate on the Purchase Order Request the Supplier or Contractor that is recommended for award.
i. DEPARTMENT RECOMMENDATION FOR AWARD. After reviewing the proposals received, the Division Manager shall submit a Purchase Order Request with a recommendation of award to the City Administrator. j. CITY ADMINISTRATOR APPROVAL REQUIRED. The City
Administrator must approve award of the proposal before a purchase order will be issued.
k. QUOTES AND SUMMARY ATTACHED TO PO REQUEST. A copy of the original RFP and copies of all proposals received must be attached to the
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Purchase Order Request, and summarized on the "Bid Summary". Please highlight the recommended proposal.
l. PUBLIC RECORD. The names of the businesses submitting proposals, and the date proposals were due, shall be recorded and maintained as a public record. The contract file shall contain the basis on which the award was made.
m. PROCEDURE. Follow the Informal Quotes procedures in Section Two of this Chapter, except with reference to award to lowest bidder. Award of RFPs are made as noted above in item e.
SECTION IV - LOCAL PREFERENCE
1. BASED ON RECEIPT OF SALES TAX. The City’s ultimate receipt of sales tax, up to a total of $1,000.00, shall be considered in determining the lowest price.
2. DESIGNATION OF CITY AS RECIPIENT OF TAX. Any bidder who receives an award due to consideration of a local preference shall designate in writing the City of Chowchilla as the ultimate recipient of sales tax for the contract that is awarded.
3. EXCEPTIONS TO APPLICATION OF LOCAL PREFERENCE.
a. Procurements made with federal or state grant funds; b. Procurements of construction or public works projects; or c. Procurements made in cooperation with other public entities.
SECTION V - PREFERENCE FOR RECYCLED PRODUCTS
1. PREFERENCES. The City will consider preferences in determining the lowest price(s) for products containing recycled materials. The following preferences are based on the amount and type of recycled content. The preferences are not cumulative; only one preference may be applied to a single product. The City shall apply the highest dollar preference per product. a. 50% OR MORE, POST-CONSUMER RECYCLED CONTENT. The City will consider a 5% preference for products containing 50% or more post-consumer recycled content.
b. 25% OR MORE, POST-CONSUMER RECYCLED CONTENT. The City will consider a 2% preference for products containing 25% or more post-consumer recycled content.
c. 10% OR MORE, PRE AND POST-CONSUMER RECYCLED CONTENT.
The City will consider a 1% preference for products containing 10% or more pre or post-consumer recycled content.
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2. EXCEPTIONS TO APPLICATION OF RECYCLED MATERIALS
PREFERENCE. The following exceptions may apply:
a. Procurements made with federal or state grant funds; b. Procurements of construction or public works projects; or c. Procurements made in cooperation with other public entities.
3. PROOF OF CONTENT. The City reserves the right to demand sufficient proof of the amount and type of recycled content before awarding bid.
SECTION VI - OTHER SOLICITATION METHODS
Subject to the limitations of this Chapter, any type of contract which is appropriate to the procurement and which will promote the best interests of the City may be used; with the exception of the cost-plus-percentage-of-cost contract which is prohibited.
SECTION VII - EXCEPTIONS TO PROCEDURES
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CHAPTER 3
PURCHASES EXCEEDING $50,000.00
SECTION I - COMPETITIVE SEALED BIDDING
1. CONDITIONS FOR USE. Any contract for the purchase of supplies, equipment and construction of an aggregate annual value exceeding $50,000.00 or the amount set by the City Council for solicitation of Formal Bids, shall be awarded by compliance with the competitive sealed bidding procedures contained in this Chapter, except as otherwise provided in Chapter 4 (Contracting for Designated Professional Services), Chapter 5 (Exceptions to Competitive Procurement Procedures), and Chapter 7 (Procurement of Public Projects, Architect-Engineer and Land Surveying Services) of this Manual.
Competitive sealed bids are generally used when the product or service desired is simple to quantify and the City is able to determine the product or service that will meet its needs or purposes. A detailed specification is generally used to describe the goods or services desired.
2. PROCEDURES.
a. INVITATION FOR BIDS. An Invitation For Bids shall be issued and shall include specifications and all contractual terms and conditions applicable to the procurement. Potential bidders must not be precluded from qualifying during the solicitation period.
i. SELECT IFB OR RFP. Select either an Invitation for Bids (IFB) or Request for Proposals (RFP) format, depending on your procurement.
ii. BID CONTENT. Develop a bid specification for the item or services needed. It must incorporate a clear and accurate description of technical requirements for the material, product, or service and identify all requirements which the offerors must fulfill, and all other factors used in evaluating the bid.
b. SOLICIT ALL BIDDERS ON BID LIST. Insofar as it is practical, all bidders listed in the Bid List for the type of supplies, equipment or construction being bids shall be invited to bid. Ensure the list includes enough qualified sources to ensure maximum open and free competition.
c. PUBLIC NOTICE AND ADVERTISING. Adequate public notice of the Invitation For Bids shall be given a reasonable time, not less than ten (10) calendar days prior to the date set forth therein for the opening of bids.
Such notice may include publication in electronic form including, but not limited to, publication on the Internet, or publication in a newspaper of general circulation a reasonable time before opening. The public notice
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shall state the place, date and time of bid opening.
d. RECEIPT OF BIDS. Bids shall be received in sealed envelopes bearing on the outside the bid title and number. Bids must be received by the date and time designated in the Invitation For Bids.
e. LATE BIDS. Late bids shall be returned to the bidders unopened. f. BID OPENING. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the Invitation For Bids. The amount of each bid, and such other relevant information as the City Administrator deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection in accordance with Government Code §6252, the Public Information Act.
g. BID ACCEPTANCE AND BID EVALUATION. Bids shall be unconditionally accepted without alteration or correction, except as authorized in the Purchasing Ordinance. Bids shall be evaluated based on the requirements set forth in the Invitation For Bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs. The Invitation For Bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the Invitation For Bids.
h. CORRECTION OR WITHDRAWAL OF BIDS; CANCELLATION OF
AWARDS. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the office designated in the invitation to bids prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted.
In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if:
. MISTAKE IS CLEARLY EVIDENT. The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or
ii. MISTAKE IS NOT EVIDENT. The bidder submits evidence that
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clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the City Administrator.
3. AWARD.
a. AWARD TO LOWEST RESPONSIBLE AND RESPONSIVE BIDDER.
Award must be made to the lowest responsible and responsive bidder. i. "RESPONSIBLE" BIDDER. A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit that will assure good faith performance.
ii. "RESPONSIVE" BIDDER. A person who has submitted a bid that conforms in all material respects to the requirements set forth in the solicitation.
b. AWARD TO OTHER THAN LOWEST BIDDER. If award is made to other than the bidder offering the lowest price, a memo must be attached to the Purchase Order Request, and signed by the Department Head, which indicates why the lowest bidder or bidders do not meet specifications or are not responsible bidders.
c. DEPARTMENT RECOMMENDATION FOR AWARD. The Department
Head shall review all bids received, apply the Local Preference and the Recycled-Materials Preference (see below) when applicable, and submit a Purchase Order Request with a recommendation of award to the City Administrator. A summary of the bids received must be attached to the Purchase Order Request (Exhibit F). The summary may be in memo form. d. AWARD BY CITY COUNCIL. Purchases exceeding $75,000.00 or an amount set by City Council shall be awarded by the City Council after receiving the recommendation of the City Administrator forwarded through the City Administrator.
e. AWARD BY CITY ADMINISTRATOR. The City Administrator may award purchases of less than the amount that requires award by City Council, after receiving the recommendation of the City Administrator or requesting Department Head. The City Administrator may execute contracts and other necessary related documents on behalf of the City for purchases within his or her awarding authority.
4. PREFERENCES.
a. LOCAL PREFERENCE. The City’s ultimate receipt of sales tax, up to a total of $1,000.00, shall be considered in determining the lowest price,
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with the following exceptions: (1) Procurements made with federal or state grant funds; (2) Procurements of construction or public works projects; or (3) Procurements made in cooperation with other public entities. i. DESIGNATE CITY AS RECIPIENT. Any bidder who receives an award due to consideration of a local preference shall agree to designate the City of Chowchilla as the recipient of the receipt of the sales tax for the contract that is awarded.
b. RECYCLED CONTENT PREFERENCES. The City will consider preferences in determining the lowest price(s) for products containing recycled materials. The following preferences are not cumulative and only one preference may be applied to a single product:
i. 50% OR MORE POST-CONSUMER RECYCLED CONTENT.
The City will consider a 5% preference for products containing 50% or more post-consumer recycled content.
ii. 25% OR MORE POST-CONSUMER RECYCLED CONTENT.
The City will consider a 2% preference for products containing 25% or more post-consumer recycled content.
iii. 10% OR MORE PRE AND POST-CONSUMER RECYCLED
CONTENT. The City will consider a 1% preference for products containing 10% or more pre or post-consumer recycled content. c. EXCEPTIONS. The following exceptions may apply:
i. Procurements made with federal or state grant funds; ii. Procurements of construction or public works projects; or iii. Procurements made in cooperation with other public entities. d. OTHER PREFERENCES. Necessary affirmative steps must be taken to ensure that minority businesses, women’s business enterprise, and labor surplus area firms are used when possible.
e. GEOGRAPHICAL PREFERENCES. Procurements must be conducted in a manner that prohibits the use of statutorily or administratively imposed state, local or tribal geographical preferences, except in cases where federal statutes mandate or encourage it.
f. PUBLIC RECORD. The names of the businesses submitting bids, and the date proposals are due, shall be recorded and maintained as a public record. The contract file shall contain the basis on which the award was made.
5. MULTI-STEP SEALED BIDDING. When it is considered impractical to prepare initially a purchase description to support an award based on price,
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an Invitation For Bids may be issued requesting the submission of unpriced offers. Review of the unpriced offers may be followed by an Invitation For Bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation.
6. OTHER SOLICITATION METHODS. Subject to the limitations of this Chapter, any type of contract which is appropriate to the procurement and which will promote the best interests of the City may be used; with the exception of the cost-plus-percentage-of-cost contract which is prohibited.
7. NO “CONFIRMING ORDERS”. Orders shall not be placed before purchase orders are issued. The City of Chowchilla will not honor any purchases that vary from these procedures.
8. EXCEPTIONS. See Chapter 5, Exceptions to Competitive Procurement Procedures.
9. CANCELLATION OF SOLICITATION. See Chapter 6, Cancellation of Invitations For Bids or Requests For Proposals.
SECTION II - FORMAL COMPETITIVE SEALED PROPOSALS
1. CONDITIONS FOR USE. When the City Administrator determines that the use of competitive sealed bidding is either not practicable or not advantageous to the City, a contract may be entered into by use of the competitive sealed proposals method. Competitive sealed proposals are generally used when the product or service desired is difficult to quantify or the City desires to have the offerors determine the product or service that will meet its needs or purposes. Rather than issue a detailed specification, an RFP uses a more general Scope of Work to describe the goods, services, or results desired.
2. PROCEDURES.
a. REQUEST FOR PROPOSALS. A Request For Proposals shall be issued and shall include a scope of work and contractual terms and conditions applicable to the procurement.
i. USE RFP SAMPLE AS A GUIDE. RFPs for services should be developed using a Request for Proposal and RFP Standard Terms and Conditions, unless otherwise directed by the City Administrator. ii. EVALUATION FACTORS. The Request For Proposals shall indicate all evaluation factors, including price, which will be used in award of a contract. The relative importance of each factor may be stated. It must incorporate a clear and accurate description of technical requirements for the material, product, or service and identify all requirements which the offerors must fulfill, and all other factors used in evaluating the bid.
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b. SOLICIT ALL BIDDERS ON BID LIST. Insofar as it is practical, all bidders listed in the Bid List for the type of product or services being bid shall be invited to bid. Ensure the list includes enough qualified sources to ensure maximum open and free competition.
c. PUBLIC NOTICE AND ADVERTISING. Adequate public notice of the Request For Proposals shall be given provided the minimum time for adequate public notice shall be thirty (30) calendar days prior to the date set forth therein for receipt of the proposals. Such notice may include publication in electronic form including, but not limited to, publication on the Internet, or publication in a newspaper of general circulation a reasonable time before opening.
d. RECEIPT OF PROPOSALS.
i. Proposals shall be received in sealed envelopes bearing on the outside the RFP title and number. Proposals must be received by the date and time designated in the Request for Proposals. ii. No proposals shall be handled to permit disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. The register of proposals shall be open for public inspection only after contract award.
e. LATE PROPOSALS. Late proposals shall not be opened and shall be returned to the offerors.
f. RFP OPENING. Proposals shall be opened publicly in the presence of one or more witnesses at the time and place designated in the Invitation For Bids. The name of each offeror and such other relevant information as the City Administrator deems appropriate shall be recorded; the record and each proposal shall be open to public inspection only after an award has been made.
g. DISCUSSION WITH RESPONSIBLE OFFERORS AND REVISIONS TO PROPOSALS. As provided in the Request For Proposals, discussion may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award. Discussion shall be for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and before award for obtaining best and final offers. In conducting discussions, there shall be no disclosure of identity of competing offerors or of any information derived from proposals submitted
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by competing offerors.
h. AWARD. Award shall be made to the responsible offer or whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price and the evaluation factors set forth in the Request For Proposals. No other factors or criteria shall be used in the evaluation.
The contract file shall contain the basis on which the award was made. i. COST OR PRICING DATA. When only one proposal is received, the City may determine that analysis of the proposed price is necessary to determine if it is reasonable and fair. Upon request, a contractor shall submit cost or pricing data upon request and shall certify that to the best of its knowledge and belief the cost or pricing data submitted was accurate, complete and current as of the date set forth for receipt of proposals.
3. PUBLIC RECORD. The names of the businesses submitting proposals, the date proposals are due, and the basis on which the award was made shall be recorded and maintained as a public record. The contract file shall contain the basis on which the award was made.
4. MULTI-STEP SEALED SOLICITATION. When it is considered impractical to prepare initially a purchase description to support an award based on price, a Request for Information may be issued requesting the submission of unpriced offers to be followed by a Request for Proposals limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the first solicitation.
5. OTHER SOLICITATION METHODS. Subject to the limitations of this Chapter, any type of contract which is appropriate to the procurement and which will promote the best interests of the City may be used; with the exception of the cost-plus-percentage-of-cost contract which is prohibited.
6. EXCEPTIONS. See Chapter 5, Exceptions to Competitive Procurement Procedures.
7. CANCELLATION OF SOLICITATION. See Chapter 6, Cancellation of Invitations For Bids or Requests For Proposals.
8. PREFERENCES. Unless otherwise specified in the Request for Proposal, Local preferences and Recycled Materials Preferences shall not be a factor in award. However, necessary affirmative steps must be taken to ensure that minority businesses, women’s business enterprise, and labor surplus area firms are used when possible. Procurements must be conducted in a manner that prohibits the use of statutorily or administratively imposed state, local or tribal geographical preferences, except in cases where federal statutes mandate or encourage it.
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CHAPTER 4
DESIGNATED PROFESSIONAL SERVICES
SECTION I - CONTRACTING FOR DESIGNATED PROFESSIONAL SERVICES
1. PROFESSIONS THAT REQUIRE EXTENDED ANALYSIS, DISCRETION AND INDEPENDENT JUDGMENT. The services of certain professions that involve extended analysis, the exercise of discretion and independent judgment in their performance, and an advanced, specialized type of knowledge, expertise, or training customarily acquired either by a prolonged course of study or equivalent experience in the field, including, but not limited to accountants, physicians, lawyers, and dentists, shall be procured in accordance with the selection procedures specified in this Section. No contract for the services of legal counsel may be awarded without the approval of City Council. Procedures for the purchase of architect, engineer, and land surveying services are not included in this section. Architect, engineer, and land surveying services are found Article 7 (Procurement of Construction, Architect-Engineer and Land Surveying Services) of this Manual.
2. Selection Procedure.
a. STATEMENT OF QUALIFICATIONS. Persons engaged in providing the designated types of professional services may submit statements of qualifications and expressions of interest in providing such professional services. The City may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement.
b. PUBLIC ANNOUNCEMENT AND FORM OF REQUEST FOR
PROPOSALS. The City Administrator, through a Request For Proposals, shall give adequate notice of the need for such services. The Request For Proposals shall describe the services required, list the types of information and data required of each offeror, and state the relative importance of particular qualifications.
c. DISCUSSIONS. The City Administrator may conduct discussions with any offeror who has submitted a proposal to determine such offeror’s qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion.
d. AWARD. Award shall be made to the offeror determined in writing to be best qualified based on the evaluation factors set forth in the Request For Proposals, and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best
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qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one or more other offerors determined to be qualified, negotiations may be conducted with such other offeror or offerors, in the order of their respective qualification ranking, and the contract may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable. Award shall be made by the following authorities:
i. AWARD BY CITY COUNCIL. Purchases exceeding $75,000 shall be awarded by the City Council after receiving the recommendation of the City Administrator forwarded through the City Administrator. ii. AWARD BY CITY ADMINISTRATOR. The City Administrator may award purchases of less than the amount fixed for award by City Council, upon receiving the recommendation of the requesting Department Head. The City Administrator may execute contracts and other necessary related documents on behalf of the City for purchases within his or her awarding authority.
3. PUBLIC RECORD. The names of the businesses submitting proposals, and the date proposals are due, and the basis on which the award was made shall be recorded and maintained as a public record. The contract file shall contain the basis on which the award was made.
4. EXCEPTIONS. See Chapter 5, Exceptions to Competitive Procurement Procedures.
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CHAPTER 5
EXCEPTIONS TO COMPETITIVE PROCUREMENT
PROCEDURES
SECTION I - SOLE SOURCE PROCUREMENT
1. NEGOTIATIONS. A contract may be awarded without competition when the City Administrator determines in writing, after conducting a good faith review of available sources, that there is only one source for the required supply, service, or construction item. The City Administrator shall conduct negotiations, as appropriate, as to price, delivery, and terms.
2. COST OR PRICING DATA. When the City determines that analysis of the proposed price is necessary to determine if it is reasonable and fair, a contractor shall submit cost or pricing data upon request and shall certify that to the best of its knowledge and belief the cost or pricing data submitted was accurate, complete and current as of a mutually determined date.
3. AWARD. See Section V of this Chapter.
SECTION II - COOPERATIVE AGREEMENTS
1. COOPERATIVE AGREEMENTS. The City Administrator may arrange for the City to enter an agreement with one or more local, county, state, federal or other public entity, school district, League of California Cities, California Communities Program, or other non-profit association or group consisting of governmental entities, in order to cooperatively purchase supplies, equipment, services, including but not limited to materials, vehicles and apparatus, in cooperation, provided that:
a. The purchase contract with the Supplier(s) is the result of competitive bidding or negotiation and is made in compliance with the competitive bid or proposal requirements of any participating entity or organization; and b. The purchase conforms to the City’s specifications for the item or service; and
c. The estimated price of the purchase is lower than that estimated for the purchase if made directly by the City pursuant to this Manual.
2. AWARD. See Section V of this Chapter.
SECTION III - PIGGYBACK PURCHASES
1. PIGGYBACK PURCHASES. The City Administrator may arrange for the City to enter purchase contracts with a Supplier(s) for the purchase of supplies, equipment, services, including but not limited to materials, vehicles and apparatus, the pricing and terms of which have been previously established
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by another local, county, state, federal or other public entity, school district, League of California Cities, California Communities Program, or other nonprofit association or group consisting of governmental entities, provided that:
a. The purchase contract with the Supplier(s) is the result of competitive bidding or negotiation and is made in compliance with the competitive bid or proposal requirements of any participating entity or organization; and b. The purchase is made within a reasonable time of the competitive bid or negotiation, and
c. The purchase conforms to the City’s specifications for the item or service; and
d. The estimated price of the purchase is lower than that estimated for the purchase if made directly by the City pursuant to this Manual.
2. AWARD. See Section V of this Chapter.
SECTION IV - STANDARDIZATION
1. When supplies, equipment, or services have been uniformly adopted or otherwise standardized, or when an item is designated to match others in use by the City, the purchase is not subject to this Manual.
2. AWARD. See Section V of this Chapter.
SECTION V – COUNCIL AUTHORITY TO WAIVE COMPETITIVE BIDDING
PROCEDURES
1. Upon approval of the City Council, the Purchasing Agent shall have the power, without notice, advertisement, or competitive bidding, to purchase for and on behalf of the city any supplies, materials, equipment, or contractual services. The City Council does not have the power to waive notice, advertisement, or competitive bidding for procurement of public projects, Architect-Engineer and Land Surveying Services.
2. AWARD. See Section V of this Chapter.
SECTION V - AWARD AND RECORD OF SOLE SOURCE, COOPERATIVE,
PIGGYBACK, AND STANDARDIZATION PROCUREMENTS
1. AWARD BY CITY COUNCIL. Purchases exceeding $75,000.00 or an amount set by City Council shall be awarded by the City Council after receiving the recommendation of the City Administrator.
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2. AWARD BY CITY ADMINISTRATOR. The City Administrator may award purchases of less than the amount that requires award by City Council, after receiving the recommendation of the City Administrator or requesting Department Head. The City Administrator may execute contracts and other necessary related documents on behalf of the City for purchases within his or her awarding authority.
3. PUBLIC RECORD. A record of cooperative, piggyback and standardization procurements shall be maintained as public record for purchases of item(s) or service(s) exceeding the amount fixed by the City Administrator for solicitation of Informal Quotes. Said record shall list each supplier or contractor’s name, the amount and type of each contract, a listing of the item(s) or service(s) procured under each contract, and the identification number of each contract file. The record shall be kept with the corresponding purchase order. 28 EXHIBIT A
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SECTION VI - EMERGENCY PROCUREMENTS
1. AUTHORIZATION. Notwithstanding any other provisions of this Manual, the City Administrator may make or authorize others to make emergency procurements of supplies, equipment, services, or construction items when there exists a threat to public health, welfare, or safety; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file and maintained as a public record for purchases of item(s) or service(s) exceeding the amount fixed by the City Administrator for solicitation of Informal Quotes. As soon as practicable, a record of each emergency procurement shall be made and shall set forth the contractor’s name, the amount and type of the contract, a listing of the items(s) or service(s) procured under the contract, and the identification number of the contract file.
2. Ratification. Emergency procurements shall be ratified as soon as practicable, as follows:
a. RATIFICATION BY CITY COUNCIL. Emergency procurements exceeding $75,000.00 or the amount set by City Council shall be ratified by the City Council at their next regular meeting after receiving the recommendation of the City Administrator.
b. RATIFICATION BY CITY ADMINISTRATOR. Emergency procurements exceeding $50,000.00 shall be ratified by the City Administrator after receiving the recommendation of the Department Head.
SECTION VII - ROUTINE EXPENDITURES FOR UTILITIES, PAYROLL, ETC.
Routine expenditures that benefit several departments, such as telephone, utilities, and payroll benefit costs, shall be paid by the Finance Department without the use of a Purchase Order Request. Computer spreadsheets, reports, or other coding information will be sufficient. Also, in the event of an emergency, and it is in the public interest, these procedures may be temporarily waived.
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CHAPTER 6
CANCELLATION OF INVITATIONS FOR BIDS OR
REQUESTS FOR PROPOSALS
SECTION I - CANCELLATION OF INVITATIONS FOR BIDS OR REQUESTS
FOR PROPOSALS
An Invitation For Bids, a Request For Proposals, or other solicitation may be cancelled, or any or all bids or proposals maybe rejected in whole or in part as maybe specified in the solicitation, when it is for good cause and in the best interests of the City. The reasons therefore shall be made part of the contract file. Each solicitation issued by the City shall state that the solicitation maybe cancelled and that any bid or proposal may be rejected in whole or in part for good cause when in the best interests of the City. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation, and where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurement of similar items. Reasons for rejection shall be provided upon request by unsuccessful bidders or offerors.
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with the firm considered to be the most qualified at a price the City Administrator, or designee, determines to be fair and reasonable to the City, negotiations with that firm shall be formally terminated. The City Administrator, or designee, may then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the City Administrator, or designee, shall formally terminate negotiations and may then undertake negotiations with the third most qualified firm. Should the City Administrator, or designee, be unable to negotiate a contract at a fair and reasonable price with any of the selected firms, the selection committee shall select additional firms in order of their competence and qualifications, and the City Administrator, or designee, may continue negotiations in accordance with this Section until an agreement is reached.
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CHAPTER 8
DEBARRING OF BIDDERS
SECTION I - AUTHORITY TO DEBAR OR SUSPEND
1. After reasonable notice to the person or firm involved, and reasonable opportunity for that person or firm to be heard, upon written recommendation by the City Administrator or the City Administrator, or designee, the City Council may debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than [three years].
The City Council may suspend a person or firm from consideration for award of contracts if there is probable cause to believe that the person or firm has engaged in any activity that might lead to debarment. The suspension shall be for a period not to exceed [six months]. The causes for debarment include:
a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; b. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a City contractor or supplier;
c. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
d. Violation of contract provisions, as set forth below, of a character which is regarded by the City Council to be so serious as to justify debarment action:
e. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or f. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor or supplier shall not be considered to be a basis for debarment;
g. Any other cause the City Council determines to be so serious and compelling as to affect responsibility as a City contractor or supplier, including debarment by another governmental entity for any cause listed in this Manual; and
h. For violation of the ethical standards set forth in Chapter 13, Section 5 of this Manual.
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SECTION II - DECISION TO DEBAR OR SUSPEND
The City Council shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of its rights concerning judicial or administrative review.
SECTION III - NOTICE OF DECISION
A copy of the decision required by Section 6-102 (Decision to Debar or Suspend) shall be mailed or otherwise furnished immediately to the debarred or suspended person or firm.
SECTION IV - FINALITY OF DECISION
A decision under Section 11 of this Chapter shall be final and conclusive, unless the debarred or suspended person or firm within 10 days after receipt of the decision takes an appeal to the City Council or commences a timely action in court in accordance with applicable law.
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CHAPTER 9
RIGHTS AND DUTIES OF BIDDERS, OFFERORS AND
CONTRACTORS
SECTION I - RIGHTS
1. RIGHT OF NONDISCLOSURE. Bidders and offerors have the right of nondisclosure of proprietary information. No such information shall be disclosed without the prior written consent of the bidder or officer. Written disclosure consents shall be kept in the solicitation file that is maintained by the City Administrator.
2. RIGHT TO PROTEST. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the City Council. Protestors are urged to seek resolution of their complaints initially with the City Administrator. A protest with respect to an Invitation For Bids or Request For Proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to bid opening or the closing date for proposals. The protest shall be submitted within ten- (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.
3. STAY OF PROCUREMENTS DURING PROTESTS. In the event of a timely protest under Subsection (1) of this Section, the City Administrator shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the City Council makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the City.
SECTION II - DUTIES
1. DETERMINATION OF NON-RESPONSIBILITY. The unreasonable failure of a bidder or offeror to supply promptly information in connection with an inquiry with respect to such bidder or offeror may be grounds for a determination of non-responsibility with respect to such bidder or offeror. If a bidder or offeror who otherwise would have been awarded a contract is found non-responsible, the City Administrator shall prepare a written determination of nonresponsibility, setting forth the basis of the finding. The final determination shall be made part of the contract file and be made a public record. A copy of the determination shall be sent promptly to the non-responsible bidder or offeror.
2. REQUIRED SUBMISSIONS RELATING TO THE AWARD OF CONTRACTS.
When the City Administrator determines that analysis of the proposed price is necessary to determine if it is reasonable and fair, upon request a prospective contractor shall submit cost or pricing data when the contract is to be
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awarded by competitive sealed proposals or by sole source procurement authority.
3. REQUIRED SUBMISSIONS RELATING TO CHANGE ORDERS OR
CONTRACT MODIFICATIONS. Contractors shall submit cost or pricing data before the pricing of any change order or contract modification, including adjustments to contracts awarded by competitive sealed bidding. Such data shall be submitted, regardless of whether the cost or pricing data was required in connection with the initial pricing of the contract, when the change or modification involves aggregate increases or aggregate decreases in costs, plus applicable profits, that are expected to exceed $50,000.00.
Anytime one or more change orders or contract modifications increase or decrease the total aggregate amount of the order by 10% or more, the change shall require the approval of City Council.
4. CERTIFICATION REQUIRED. Actual and prospective contractors who are required to submit cost or pricing data in accordance with this Section, shall certify that, to the best of their knowledge and belief, the cost or pricing data submitted was accurate, complete and current as of a mutually specified date prior to the award of contract or the pricing of the change order or contract modification.
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CHAPTER 10
TYPES OF CONTRACTS, CONTRACT CLAUSES, AND
MISCELLANEOUS PROVISIONS AND RIGHTS
SECTION I - TYPES OF CONTRACTS
1. GENERAL AUTHORITY. Subject to the limitations of this Section, any type of contract which is appropriate to the procurement and which will promote the best interests of the City may be used; with the exception of the costplus-percentage-of-cost contract which is prohibited.
2. Multi-Term Contracts.
a. SPECIFIED PERIOD. Unless otherwise provided by law, a contract for supplies, equipment, or services may be entered into for any period deemed to be in the best interests of the City upon the following conditions:
i. The solicitation contained the term of the contract; ii. The solicitation contained the conditions of renewal or extension, if any; and
iii. Funds are available for the first fiscal period at the time of contracting.
Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds for extension the contract.
b. DETERMINATION BEFORE USE. Prior to the utilization of a multi-term contract, it shall be determined in writing:
i. That the estimated requirements cover the period of the contract and are reasonably firm and continuing; and
ii. That such a contract will serve the best interests of the City by encouraging effective competition or otherwise promoting economies in City procurement.
c. CANCELLATION DUE TO UNAVAILABILITY OF FUNDS IN
SUCCEEDING FISCAL PERIODS. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies, equipment, or services delivered under the contract. The cost of cancellation may be paid from any appropriations available for such purposes.
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3. MULTIPLE SOURCE CONTRACTING.
a. GENERAL. A multiple source award is an award of an indefinite-quantity contract for one or more similar supplies, equipment, or services to more than one bidder or offeror.
b. LIMITATIONS ON USE. A multiple source award may be made when award to two or more bidders or offerors for similar products is necessary for adequate delivery, service, or product compatibility. Multiple source awards shall be made in accordance with the procedures as applicable.
Multiple source awards shall not be made when a single award will meet the City’s needs without sacrifice of economy or service. Awards shall not be made for the purpose of dividing the business, making available product or supplier selection to allow for user preference unrelated to utility or economy, or avoiding the resolution of tie bids. Any such awards shall be limited to the least number of suppliers necessary to meet the valid requirements.
c. CONTRACT AND SOLICITATION PROVISIONS. All eligible City departments using the contract shall be named in the solicitation, and it shall be mandatory that the actual requirements of such departments that can be met under the contract be obtained in accordance with the contract, provided that:
i. The City shall reserve the right to take bids separately if a particular quantity requirement arises which exceeds its normal requirement or an amount specified in the contract; and ii. The City shall reserve the right to take bids separately if the City Administrator approves a finding that the supply or service available under the contract will not meet a nonrecurring special need of the City.
d. INTENT TO USE. If a multiple source award is anticipated before issuing a solicitation, the City shall reserve the right to make such an award and the criteria for award shall be stated in the solicitation. e. DETERMINATION REQUIRED. The City Administrator shall make a written determination setting forth the reasons for a multiple source award, which shall be made a part of the procurement file.
SECTION II - CONTRACT CLAUSES
City contracts for supplies, equipment, services, and construction may include provisions necessary to define the responsibilities and rights of the parties to the contract. The City Administrator, after consultation with the City Attorney, may issue clauses appropriate for supply, equipment, service, or construction contracts, addressing but not limited to the following subjects.
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1. The unilateral right of the City to order in writing changes in the work within the scope of the contract;
2. The unilateral right of the City to order in writing temporary stopping of the work or delaying performance that does not alter the scope of the contract;
3. Variations occurring between estimated quantities of work and actual quantities;
4. Defective pricing;
5. Liquidated damages;
6. Specified excuses for delay or nonperformance;
7. Termination of the contract for default;
8. Termination of the contract in whole or in part for the convenience of the City;
9. Suspension of work on a construction project ordered by the City; and
10. Site conditions differing from those indicated in the contract, or ordinarily encountered, except that a differing site condition clause need not be included in a contract.
a. When the contract is negotiated;
b. When the contractor provides the site or design; or
c. When the parties have otherwise agreed with respect to the risk of differing site conditions.
11. PRICE ADJUSTMENTS.
a. Adjustments in price resulting from the use of contract clauses required by Subsection (1) of this Section shall be computed in one or more of the following ways:
i. By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; ii. By unit prices specified in the contract or subsequently agreed upon;
iii. By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
1. In such other manner as the contracting parties may
mutually agree; or
2. In the absence of agreement by the parties, by a unilateral
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determination by the City of the costs attributable to the events or situations under such clauses with adjustment of profit or fee as computed by the City, as accounted for in accordance with [generally accepted accounting policies] and subject to the provisions of Article 9 (Appeals and Remedies).
b. A contractor shall be required to submit cost or pricing data if any adjustment in contract price is subject to the provisions of Section 3-202 (Cost or Pricing Data).
12. STANDARD CLAUSES. The City Administrator may establish standard contract clauses for use in City contracts.
13. CONTRACT ADMINISTRATION. A contract administration system designed to insure that a contractor is performing in accordance with the solicitation under which the contract was awarded, and the terms and conditions of the contract, shall be maintained.
SECTION III - PROVISIONS
1. COST-REIMBURSEMENT. A cost reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the City than any other type or that it is impracticable to obtain the supply, equipment, service, or construction items required except under such a contract. All such contracts exceeding $75,000.00 shall be approved by City Council. All such contracts exceeding the amount set by the City Administrator for award of informal bids, shall be approved by the City Administrator, after receiving the recommendation of the requesting Department Head.
2. BEST INTEREST OF THE CITY. Any type of contract that best suits the interest of the City, except that of a cost-plus-a-percentage-of-cost contract, is authorized. Other types of cost-reimbursement contracts may be used when uncertainties involved in the work to be performed are of such magnitude that the cost of performance is too difficult to estimate with reasonable certainty and use of a fixed-price contract could seriously affect a contractor’s financial stability or result in payments by the City for contingencies that never occur.
Use of cost-type contracts are also authorized when it is impracticable to contract on any other basis.
3. PRIOR APPROVAL OF CITY COUNCIL. The City Administrator shall obtain approval of City Council before any cost-reimbursement type negotiations are initiated.
4. APPROVAL OF ACCOUNTING SYSTEM. Except with respect to firm fixedprice contracts, no contract type shall be used unless it has been determined by the City Administrator that:
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a. The proposed contractor’s accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated; and
b. The proposed contractor’s accounting system is adequate to allocate costs in accordance with generally accepted cost accounting principles.
SECTION IV - RIGHT TO INSPECT PLACE OF BUSINESS
The City may, at reasonable times, inspect the part of the plant, place of business or worksite of a supplier, contractor or subcontractor at any tier, which is pertinent to the performance of any contract awarded to or be awarded by the City.
SECTION V - REPORTING OF ANTICOMPETITIVE PRACTICES
When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, the City Administrator or City Attorney shall notify the State Attorney General of the relevant facts.
SECTION VI - CITY PROCUREMENT RECORDS
1. CONTRACT FILE. The City Administrator shall maintain a contract or bid file of all determinations and other written records pertaining to the solicitation, award, or performance of a contract.
2. RETENTION OF PROCUREMENT RECORDS. All procurement records shall be retained and disposed of by the City in accordance with records retention guidelines and schedules approved by the City Council.
SECTION VII - CONTRACT OVERSIGHT
Department Heads will be responsible for oversight of the contracts to ensure contractors perform in accordance with terms/conditions/specifications of contracts. 41 EXHIBIT A
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CHAPTER 11
SPECIFICATIONS
SECTION I - DEFINITION OF SPECIFICATION
Specification means any description of the physical or functional characteristics, or of the nature of a supply, equipment, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, equipment, service, or construction item for delivery. It may include a descriptive requirement of work to be done, service to be performed or solution that is required by the City.
SECTION II - MAXIMUM PRACTICABLE COMPETITION
All specifications shall be drafted to promote overall economy for the purposes intended and encourage competition in satisfying the City’s needs, and shall not be unduly restrictive. The policy enunciated in this Section applies to all specifications, including but not limited to, those prepared for the City by architects, engineers, designers, drafters, and consultants.
SECTION III - QUALIFIED PRODUCTS LIST
When in its best interest, the City may establish a list of pre-qualified products.
Suppliers that wish to have their products considered may be required to submit them for evaluation and pre-qualification before being permitted to offer them in response to a competitive solicitation.
SECTION IV - BRAND NAME OR EQUAL SPECIFICATION
1. USE. Brand name or equal specifications may be used when the City Administrator determines that:
a. No other design or performance specification or qualified products list is available;
b. Time does not permit the preparation of another form of purchase description, not including a brand name specification; c. The nature of the product or the nature of the City’s requirements makes use of a brand name or equal specification suitable for the procurement; or
d. Use of a brand name or equal specification is in the City’s best interests.
2. DESIGNATION OF SEVERAL BRAND NAMES. Brand name or equal specifications shall seek to designate three, or as many different brands as are practicable, as “or equal” references and shall further state that substantially equivalent products to those designated will be considered for award.
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3. REQUIRED CHARACTERISTICS. Unless the City Administrator determines that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand names or equal specifications shall include a description of the particular design, functional, or performance characteristics which are required.
4. NONRESTRICTIVE USE OF BRAND NAME OR EQUAL SPECIFICATIONS.
Where a brand name or equal specification is used in a solicitation, the solicitation shall contain explanatory language that the use of a brand name is for describing the standards of quality, performance, and characteristics desired, and is not intended to limit or restrict competition.
5. COMPETITION.
a. SOURCES OF BRAND NAME ITEM(S). The City Administrator shall seek to identify sources from which the designated brand name item or items can be obtained and shall solicit such sources to achieve whatever degree of price competition is practicable.
b. SOURCES OF EQUIVALENT ITEM(S). The City Administrator shall not restrict solicitation to such sources, but shall also seek to identify sources from which equivalent items can be obtained.
c. ONLY ONE KNOWN SOURCE. If only one source can supply the requirement, the procurement shall be made under Section 3-105 (Sole Source Procurement).
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CITY OF CHOWCHILLA
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CHAPTER 12
INTERNAL PURCHASING FORMS
SECTION I - PURCHASE ORDER REQUEST
The City of Chowchilla Purchase Order Request or Requisition form shall be submitted to obtain a Purchase Order Number. This form may be hand written on the preprinted form, generated by computer, or a computer worksheet. Each request for purchase shall be priced out completely and must be accompanied by sufficient information to issue a Purchase Order. The individual requesting the purchase order shall verify that funds are available in the account before requesting a purchase order. For purchases through an "Open Purchase Order Supplier" (see Section VI), purchase order requests are optional, except when the purchase exceeds the $1,000.00 limit. In that case, a confirming purchase order request will be issued and will still require the appropriate authorizing signatures.
SECTION II - PURCHASE ORDER
Each Department, Administration, Finance, Community Development, Police, Parks & Recreation, Public Works, Utilities, is assigned blocks of Purchase Order (PO) numbers.
The procedures is as follows:
1. The designated authorized supervisor in each department will assign a PO number for each Requisition. Employee not authorized to assign PO numbers must contact their Department Head for assistance.
2. Reference the Purchase Order number on each Requisition.
3. Obtain the appropriate authorizing signature (s) in accordance to the guidelines listed above.
4. Forward Requisitions and invoice to Finance Department as soon as possible, keeping the "Schedule of Processing Dates" for the current fiscal year in mind.
5. Retain "Department Copy" of the Requisition.
The Finance Department personnel will match Invoices, Requisitions, and Purchase Orders, and issue the Purchase Orders for signing by the Finance Director. Finance personnel will then prepare all necessary batches and reports for generating payments, the Finance Director will review and approve the coding and data entry, and finance personnel will prepare checks, and file all related records appropriately.
NOTE: Before authorizing payment, Department heads, or authorized supervisors, are required to verify that the actual work has been performed, that orders have actually been received, and that the proper quality and quantities received are as specified.
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SECTION III - "PREPAID" CHECK
"Prepaid" checks, or hand written checks, may be issued to Suppliers for items requiring immediate payment, or for payments needed sooner than the regularly scheduled warrant will be prepared. The procedures for these checks are as follows:
1. Process Requisition as normal, with required signatures. Mark PO Request with date needed highlighted.
2. Indicate whether the check is to be mailed or returned to originator.
3. If check is needed to accompany order, check and order form will be returned to originator for ordering and mailing.
4. Requests for "Prepaid" checks should be turned in to Finance at least 3 days before the required date.
5. Requests for "Prepaid" checks will be processed with the next regular warrant if the required date is after the next regular warrants processing date.
SECTION IV - OPEN PURCHASE ORDER SUPPLIERS
City employees are authorized to make minor purchases on behalf of the City, and may do so without first obtaining a Purchase Order number, only from the Suppliers listed in the attached Exhibit A, all of which are within the City of Chowchilla.
No single purchase can exceed $1,000.00 without prior approval of the Department Head. The employee making the purchase is responsible for these mandatory elements:
1. Signing the invoice.
2. Indicating on the invoice the account number to be charged.
3. Indicating the purpose of the expenditure.
4. Describing the item (if not itemized on invoice).
5. Indicating the assigned vehicle or equipment number, if applicable. .
Invoices shall be submitted to the Finance Department timely in order for payment to be made promptly, according to the "Schedule of Processing Dates".
SECTION V - PETTY CASH PURCHASE
Small purchases of items totaling $50.00 or less (other than those purchases made from the Open Purchase Order Suppliers per Chapter 12, Section IV) shall be made using petty cash. Employees may request from the Finance Department an estimated amount of petty cash before purchasing small items by either of two options.
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1. Signing a voucher for an advance amount and returning the change and store receipt the next business day;
2. Request reimbursement upon submitting the receipt for such small purchases.
A store receipt must be submitted and the employee verifying they have received reimbursement in exchange for the store receipt and exact change must sign a voucher.
SECTION VI - PURCHASE OF STATIONERY AND OFFICE SUPPLIES There shall be an annual review of the process of ordering stationery and office supplies for all departments of the City.
The Finance Department shall coordinate the annual review and prepare materials for competitive bidding July of each year. Finance Department shall compile a list of general office supplies normally purchased each year, and Department Heads shall submit requests for quantities of these items. Each department shall request the supplies and services it needs.
Purchases of plaques and stationery, such as letterhead, business cards, and envelopes, will be coordinated by the City Clerk's office. Each Department shall request quantities of each item needed, with specific personalization (for departments or employees' names) indicated.
SECTION VII - PROFESSIONAL SERVICE AND SPECIAL PURPOSE CONTRACTS Professional service contracts and special purpose contracts may be entered into for the purpose of engaging individuals or organizations for technical and professional services. They may be used when the need arises for such things as financial audits, arbitrage rebate calculations, grant administration, grant applications, engineering services, planning services, computer consultation, telephone installations, etc. These contracts may be used without requesting proposals or bids, although those may be done periodically for recurring contracts. These contracts may be entered into when there is no other alternative, or it is the sole source, or where the expertise of an individual or organization is a known factor. The nature of the services to be provided and the cost involved shall be stated in the contract. Most agreements need to be approved by City Council on the Consent Calendar if the authorization of funds is needed.
SECTION VIII - CREDIT CARD PURCHASE
Designated employees may make purchases on behalf of the City using certain credit cards. These cards shall be used only for purchases for, or costs incurred on behalf of, the City. The credit card will be checked out from the Accounting Supervisor, signed for, and returned within the time allowed. All invoices or charge slips shall be turned in with an accompanying Purchase Order Request including the assigned account numbers, and any modifications, within 5 working days.
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Before obtaining the credit card, a City employee must submit a Requisition form to the Accounting Supervisor. This Requisition must be filled out with requested items and estimated amounts, and must include the Administrator's authorizing signature. The credit card, receipt, and amended Requisition (with the actual dollar amount), must be turned in the next business day.
Department heads may request to have accounts set up for other companies. Finance Department will process any credit applications. The same procedures will apply to these companies.
CAL CARD
Designated employees may be assigned Cal-Cards for making purchases on behalf of the City. These cards shall be used only for purchases or costs incurred on behalf of the City. All other authorization and purchasing procedures will apply to the use of these cards. These employees will be responsible for accounting for the purchases made and for obtaining proper approvals within the timelines established by the Cal-Card procedures. Credit cards may be revoked at any time.
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CHAPTER 13
MISCELLANEOUS PROCEDURES FOR ALL
PURCHASES
SECTION I - INSPECTION AND TESTING
The Department Head shall have the authority to and discretion as to the exercise of the authority to inspect supplies and equipment delivered to determine their conformity with the specifications set forth in the order of contract. The Department Head shall have authority to require chemical, physical, or other tests of samples submitted with bids and samples of deliveries that are necessary to determine their quality and conformity with specifications.
SECTION II - SURPLUS SUPPLIES AND EQUIPMENT
All departments shall submit to the Department Head, at such times and in such form as he may prescribe, reports showing all supplies, materials and equipment which are no longer used or useable or which may have become obsolete, unsuitable, or worn out.
The Department Head shall have the authority to sell said supplies, materials, and equipment or to exchange the same for, or trade in the same on new supplies, materials, and/or equipment. Such sales, exchanges or trade-ins shall be made to the highest and best responsible and responsive bidder pursuant to the procedures of Chapter 2, whichever section is applicable, or shall be made at a public auction as hereinafter set forth.
SECTION III - SURPLUS VEHICLES AND RELATED EQUIPMENT
All departments shall submit to the Department Head, at such times and in such form as he may prescribe, reports showing all vehicles and related equipment which are no longer used or useable or which may have become obsolete, unsuitable, or worn out.
Upon direction of the City Council, the Department Head may dispose of surplus vehicles and equipment by sealed bid sale with newspaper advertising, following the applicable provisions of and pursuant to this Chapter. Such sales, exchanges, or tradeins shall be made to the highest and best responsible and responsive bidder or shall be made at a public auction as hereinafter set forth.
SECTION IV - PUBLIC AUCTION
1. NOTICE. A notice describing the property in sufficient detail for its identification shall be prepared by the Department Head and shall be given at least five (5) days before the time fixed therefore by publication once in a newspaper of general circulation.
2. Public Auction. No City Council member nor any officer or employee of the City shall be a purchaser at any such public auction authorized, conducted or administered by City, nor shall any City officer or employee directly or indirectly submit a bid at the auction if he has participated in the preparation
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or conduct of the auction.
3. SALE TO HIGHEST BIDDER. The property so offered for sale shall be sold to the highest responsible bidder for cash, provided that the Department Head may, at his discretion, fix a minimum sale price and may refuse to sell unless the minimum price is offered, and may further refuse to sell unless a deposit of security is immediately made.
4. REMOVAL OF PROPERTY. Any property sold at public auction shall be removed by buyer at the end of the auction (any costs associated with moving property to be at purchaser's expense), upon payment of the purchase price.
5. DEPOSIT FUNDS IMMEDIATELY. The proceeds of the auction sale or sales shall immediately be deposited and placed in the proper fund of the City.
SECTION V - CODE OF ETHICS
1. POLICY. City employees shall discharge their duties impartially to assure fair competitive access to all procurements made by the City. They shall conduct themselves to foster public confidence in the integrity of the City's procurement activities.
2. CONFLICT OF INTEREST. No City employee shall participate directly or indirectly in procurement when the employee knows that:
a. The employee or any member of the employee's immediate family has a financial interest pertaining to the project; or
b. The employee or any member of the employee's immediate family is negotiating or has an employment arrangement that is contingent upon or will be affected by the procurement.
3. WITHDRAW FROM PARTICIPATION. Upon discovery of an actual or potential conflict of interest, an employee shall promptly withdraw from further participation in the project.
4. GRATUITIES. No person shall offer, give, or agree to give any City employee any gratuity or offer of employment in connection with City procurement. No City employee shall solicit, demand, accept, or agree to accept from any other person a gratuity or an offer of employment in connection with City procurement.
SECTION VI - MANDATORY CONTRACT PROVISIONS
The purpose of this section is to provide for City policy on conforming to mandatory contract provisions.
1. BREACH OF CONTRACT. Contracts in excess of $10,000.00 shall contain contractual provisions or conditions that will allow for administrative, contractual or legal remedies in instances in which contractors violate or
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breach contract terms and shall provide for appropriate remedial action.
2. TERMINATION. Contracts in excess of $10,000.00 shall contain suitable provisions for termination and the basis for settlement. These provisions will describe the conditions under which a contract may be terminated for default or for circumstances beyond the control of the City of Chowchilla.
3. PAYMENT OF PREVAILING WAGES. Contracts for public works projects in excess of $1,000.00, shall include a provision for compliance prevailing wage laws for payment of no less than minimum wage to laborers and mechanics and sets forth a requirement that wages be paid not less than once a week.
4. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.
Contracts awarded by the City for public works projects shall include provisions for compliance with all applicable contract work hours and safety standards requirements.
5. PATENTS AND COPYRIGHTS. All contracts involving research, development, experimental or demonstration work regarding any discovery or invention which arises or is developed in the course of or under such contract shall include a hold harmless that contractor/supplier will hold the City harmless for contractor's/supplier's negligent or willful violation of patents and copyrights.
6. TRANSFER OF RISK. Refer to the Central Valley Risk Management Authority for relevant provisions regarding transfer of risk.
SECTION VII - BID LIST
The City shall maintain a list of bidders who have requested in writing that they be added to the City's Bid List. Suppliers and contractors will be listed by categories of commodities and services they provide. Formal bid solicitations will be mailed to all bidders listed in the category of the goods or services being solicited. Bidders who do not respond to four (4) consecutive bid solicitations will be removed from the bid list.
Bidders will be reinstated to the Bid List upon request. The City may hire a firm to maintain its Bid List.
SECTION VIII - COST OR PRICE ANALYSIS
In addition to performing when only one Bid or Proposal is received, an analysis of the proposed price is necessary to determine if it is reasonable and fair for any procurements in excess of $250,000, including contract modifications. Upon request, a contractor shall submit cost or pricing data upon request and shall certify that to the best of its knowledge and belief the cost or pricing data submitted was accurate, complete and current as of the date set forth for receipt of proposals.
SECTION IX - UNNECESSARY OR DUPLICATE ITEMS
Acquisition of unnecessary or duplicative items must be avoided at all times. 1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA ADDING SECTION 4.04.105 AND AMENDING SECTIONS 4.04.070 AND 4.04.160 OF CHAPTER 4.04 OF THE CITY OF CHOWCHILLA MUNICIPAL CODE RELATING TO PUBLIC
PURCHASING AND PROCUREMENT
The City Council of the City of Chowchilla does ordain as follows:
SECTION 1. Section 4.04.105 (“City Council authority to waive notice, advertisement, and competitive bidding”) of chapter 4.04 (“Purchasing and Procurement – Procedures and Policies”) of Title 4 (“Public Purchasing and Procurement”) of the City of Chowchilla Municipal Code is added to read:
4.04.105 – City Council authority to waive notice, advertisement, and competitive bidding.
Upon approval of the city council, the Purchasing Agent shall have the power, without notice, advertisement, or competitive bidding, to purchase for and on behalf of the city any supplies, materials, equipment, or contractual service. The city council does not have the power to waive notice, advertisement, or competitive bidding for procurement of public projects, ArchitectEngineer and Land Surveying Services.
SECTION 2. Section 4.04.070 (“Competitive sealed bidding”), subsection A (“Conditions for Use”) of chapter 4.04 (“Purchasing and procurement – Procedures and Policies”) of title 4 (“Public Purchasing and Procurement”) of the City of Chowchilla Municipal Code is amended to read:
4.04.070 – Competitive sealed bidding.
A. Conditions For Use. All contracts of the city for the purchase of supplies, equipment, services and construction of an aggregate annual value exceeding an amount set by city council resolution for formal bids shall be awarded by compliance with the competitive sealed bidding procedures contained in this section, except as otherwise provided in sections 4.04.080 (Competitive sealed proposals), 4.04.090 (Contracting for designated professional services), 4.04.100 (Informal quotes and small purchases), 4.04.105 (City Council authority to waive notice, advertisement, and competitive bidding), 4.04.110 (Sole source procurement), 4.04.120 (Emergency procurements), 4.04.130 (Cooperative piggyback purchases), 4.04.140 (Standardization) and Article V (Procurement of Public Projects, Architect-Engineer and Land Surveying Services.) SECTION 3. Section 4.04.160 (“Award of contract”), subsection A (“Award”) of chapter 4.04 (“Purchasing and procurement – Procedures and Policies”) of Title 4 (“Public Purchasing and Procurement”) of the City of Chowchilla Municipal Code is amended to read:
4.04.160 – Award of contract.
B. Award. All contracts resulting from sections 4.04.070 (Competitive sealed bidding),
4.04.080 (Competitive sealed proposals), 4.04.090 (Contracting for designed professional services), 4.04.100 (Informal quotes and small purchases), 4.04.105 (City 2 Council authority to waive notice, advertisement, and competitive bidding), 4.04.110 (Sole source procurement), 4.04.130 (Cooperative and piggyback purchases), 4.04.140 (Standardization) and Article V (Procurement of Public Projects, Architect-Engineer and Land Surveying Services) shall be awarded as follows:
SECTION 4. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 5. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
INTRODUCED at a regular City Council meeting on the 13th day of June, 2023.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of June, 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 4.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: Public Hearing
SUBJECT: General Plan Amendment 23-0006 consideration to make strategic updates to the General Plan to bring into compliance with state law PREPARED BY: Mark Hamilton, Director of Community and Economic Development ATTACHMENTS: 1. Resolution
2. Proposed General Plan Amendment Text
3. Notice of Exemption – CEQA
4. Planning Commission Resolution
5. Public Hearing Notice
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
The Planning Commission at their April 19, 2023 voted unanimously to recommend that the City Council approve General Plan Amendment 23-0006 to amend the 2040 General Plan to bring several Elements into conformance with State Law. These Elements include: Land Use, Circulation, Open Space & Conservation, Public Facilities & Services, and Public Safety.
BACKGROUND:
The City of Chowchilla General Plan was originally adopted in April 2011. Since then, numerous state laws have come into effect, requiring the General Plan to be amended to bring into conformance with these state laws. Additionally, with the City’s most recent Housing Element approval, the California Department of Housing and Community Development (HCD) noted that the City is past due in making these updates to various General Plan Elements to ensure all elements were consistent.
The City applied for and was awarded a $65,000 Local Early Action Planning (LEAP) Grant to complete this strategic General Plan Update to finally bring the City’s General Plan up-to-date with state law. As part of the awarded LEAP Grant, staff is proposing several strategic updates to the City’s General Plan with the goal of accelerating housing production in a way that aligns with state planning priorities, housing, transportation equity and climate goals, including hazard mitigation or climate adaptation.
The following items were the 4 main goals the City hoped to achieve as part of this strategic update:
1. Integrating Environmental Justice goals, policies, and objectives (per SB 1000);
2. Safety & Conservation which will include an analysis and policies regarding fire and flood hazard;
3. Land use which will identify and analyze disadvantaged/unincorporated/fringe communities; and
4. Update the Circulation Element to adopt the State’s new policies in regards to Vehicle Miles Traveled (VMT). The City is not proposing to develop its own VMT model, but rather utilize MCTC’s regional model and tier off of the regional model to develop City specific thresholds.
These strategic updates will bring all the General Plan Elements into conformance with one another, better enabling City staff to conclude project consistency with the General Plan when reviewing new projects.
These updates will also bring the City into compliance with SB 1000 which requires Cities to address Environmental Justice in their General Plan. Some of the goals of SB 1000 is to lower harmful pollutants to disadvantaged communities, promote access to public facilities and housing production.
These updates will also allow the City to strategically plan for affordable housing, which will help with meeting housing production demands. Additionally, flood and fire hazard-related updates to the Safety & Conservation Element will ensure that Chowchilla is adequately planning for safer residential development that meets State law. Lastly, beginning July 1, 2020, the way traffic generation impacts are analyzed for projects changed from Level of Service (LOS) to Vehicle Miles Traveled) per Senate Bill 743. As part of this update, the City is proposing to update the Circulation Element of the General Plan to ensure consistency with this new State Law.
Public Outreach Summary
On November 15 and December 8, 2022, the City of Chowchilla and QK conducted public outreach events for this project. The first event occurred in the evening at Chowchilla City Hall on the City’s west side and the second event took place at the Pheasant Run Golf Course outdoor facility during the day on the City’s eastside. In addition to a PowerPoint presentation that addressed the purpose of the LEAP Grant and the topics covered such as Environmental Justice, VMT (Vehicle Miles Traveled), new State legislation and General Plan Elements such as Public Safety, Open Space and Conservation, and Circulation, the meeting included a survey to gather the community’s input on these topics.
A summary of the results are as follows:
Question #1, Environmental Justice, which three issues do you think are most important for the City to address to ensure all neighborhoods have access to healthy living conditions and environments? • Most Preferred: “Access to health care and availability of paramedic services.” • Second Preference: “Concerns about housing access, safe housing, and healthy housing.” • Third Preference: “Combatting homelessness by coordinating efforts and pursue funding.” with the County of Madera and other jurisdictions and developing a regional action plan. “ Question #2, Open Space and Conservation. How do you feel about the quality and amount of park and recreation facilities within the City of Chowchilla? • Tie: Undecided and Fairly Satisfied
Question #3. Open Space and Conservation. Which policy do you feel will best meet you and your family’s needs for park and recreation facilities in the City of Chowchilla? • Tie. “Build and maintain sidewalks, crosswalks, bike racks, bike paths, and shade trees, as well as routes within and between parks, trails, and other key destinations” and “Promote programs and policies that make it safe and easy for residents to be physically active, regardless of their age, race, income, ability, or disability.”
Question #4, Circulation. When it comes to all modes of transportation in Chowchilla, which of the following would you like to see the City prioritize?
• Most Preferred: “Create a community and regional trail system that offers a variety of different route combinations and enhances public access to future Ash and Berenda Slough trails.” Question #5, Public Safety. When it comes to public safety, which three issues do you feel should be the most important for the City to address?
• Most Preferred: Protection to the public through adequate police staffing and related resources, effective law enforcement and the incorporation of crime prevention. • Second Preference: Protection to the public through adequate fire protection and EMT staffing and related resources.
• Third Preference: “Enhance and maintain pedestrian and bicycle safety through the inclusion of well-designed streets, sidewalks, crosswalks, traffic control devices, and school routes.”
GENERAL PLAN/ZONING ANALYSIS
This update was strictly limited to the text portion of the General Plan and does not include any proposed updates to the General Plan Land Use or Circulation Maps. Approving these General Plan Updates would bring the General Plan into compliance with state law and would ensure consistency between the Elements.
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). The project has been reviewed for conformance with CEQA guidelines and it’s been determined that this Project qualifies as being statutorily exempt per Section 15061 (b)(3) of Title 14 of the California Code of Regulations (the CEQA Guidelines) - Common Sense Rule (Attachment 3).
This update was strictly limited to the text portion of the General Plan and does not include any proposed updates to the General Plan Land Use or Circulation Maps. Any future development application would be subject to separate environmental analysis and proper mitigation to reduce any potential impacts.
Additionally, this General Plan Amendment was subject to AB 52 and SB 18 Tribal consultation. The City consulted with the Native American Heritage Commission and received a list of tribes culturally affiliated with the Project area. Those tribes are: North Fork Rancheria of Mono Indians, North Valley Yokuts Tribe, Picayune Rancheria of Chukchansi Indians, and Southern Sierra Miwuk Nation, Big Sandy Rancheria of Western Mono Indians, Dumna Wo-Wah Tribal Government, Tulare River Indian Tribe, and Wuksache Indian Tribe/Eshom Valley Band. The City mailed out project notification and consultation letters to the tribes, however, the City received no requests for further consultation from any tribes within the mandated 90-day consultation window.
FINDINGS:
Before a general plan amendment may be approved, all of the following findings shall be made by the reviewing authority identified in section 18.88.040 in the City’s Zoning Ordinance:
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title;
This update was strictly limited to the text portion of the General Plan and does not include any proposed updates to the General Plan Land Use or Circulation Maps. Approval of this update would bring the General Plan into conformance with state law and would ensure consistency among the Elements. This proposed amendment would not include any associated development as part of this application. Any future development would be subject to additional entitlement applications at that time which would be reviewed for conformance to the goals, objectives, and policies of the General Plan.
2. The amendment would not be detrimental to the public health, safety, or welfare of the community;
This strategic update would not be detrimental to the public health, safety, or welfare of the community.
This Proposed map amendment would not include any associated development as part of this application.
Any future development associated with this update would be subject to additional entitlement applications at that time which would be reviewed to ensure there’d be no impact to the public health, safety, or welfare of the community.
3. The amendment would maintain the appropriate balance of land uses within the city; This GPA would not impact the balance of land uses within the City.
4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses;
This update was strictly limited to the text portion of the General Plan and does not include any proposed updates to the General Plan Land Use or Circulation Maps. Approval of this update would bring the General Plan into conformance with state law and would ensure consistency among the Elements. Any future development would be subject to additional entitlement applications at that time which would be reviewed to ensure compatibility with existing and future surrounding uses.
A general plan amendment may be denied if the reviewing authority finds one or more of the findings in this section cannot be made.
REASON FOR RECOMMENDATION:
The Planning Commission at their April 19, 2023 voted unanimously to recommend that the City Council approve General Plan Amendment 23-0006 to amend the 2040 General Plan to bring several Elements into conformance with State Law. These Elements include: Land Use, Circulation, Open Space & Conservation, Public Facilities & Services, and Public Safety.
FISCAL IMPACT:
None. This effort was funded by a $65,000 state planning grant called Local Early Action Planning (LEAP) Grant.
ALTERNATIVES:
Deny the Planning Commission’s recommendation by voting to deny the GPA.
Direct staff to make specific changes to the text amendments and bring it back for further consideration.
ACTIONS FOLLOWING APPROVAL:
File the Notice of Exemption with the County Clerk if the City desires.
Update the General Plan on the City’s website to reflect the adopted changes.
ATTACHMENT 1 – Resolution
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT APPLICATION 23-0006, AMENDING THE GENERAL
PLAN TEXT TO BRING INTO COMPLIANCE WITH STATE LAW, ALONG WITH THE NOTICE OF EXEMPTION AS SET FORTH IN THIS RESOLUTION.
WHEREAS, the City of Chowchilla initiated General Plan Amendment (GPA) Application 23-0006 to amend the General Plan text to bring it into conformance with state law and to ensure consistency among the Elements; and,
WHEREAS, the City applied for and was awarded a $65,000 Local Early Action Planning (LEAP) Grant to complete this strategic General Plan Update; and, WHEREAS, the 4 main goals of the strategic update were to address recent legislation adopted relating to environmental justice, wildfire and flood planning, traffic impact analysis, and disadvantaged communities; and,
WHEREAS, as part of this strategic update, the City conducted extensive public outreach, including several community forums to gather feedback; and,
WHEREAS, the Planning Commission carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing and voted to recommend that the City Council approve GPA 23-0006; and,
WHEREAS, the City Council was able to make all of the findings required to be made as identified in section 18.88.040 of the City’s Municipal Code in order to grant a general plan amendment; and, WHEREAS, the City as the Lead Agency, reviewed the Project pursuant to CEQA Guidelines and it was determined that this Project qualifies as being statutorily exempt per Section 15061 (b)(3) of Title 14 of the California Code of Regulations (the CEQA Guidelines) - Common Sense Rule.
NOW, THEREFORE, the City Council of the City of Chowchilla does hereby recommend that the City Council approve application GPA 23-0006.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of June, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
ATTACHMENT 2 – Proposed General Plan Amendment Text
LAND USE ELEMENT
General Environmental Health
Policy LU- Ensure compliance with rules regarding remediation of contaminated sites prior to occupancy of new development.
Policy LU- Encourage new development to reduce vehicle miles traveled so as to reduce pollutant emissions.
Policy LU- Develop, implement, and periodically update a Climate Action Plan to improve air quality and reduce greenhouse gas emissions.
Policy LU- Encourage smoke-free workplaces, multifamily housing spaces, parks, and other community spaces to reduce exposure to second-hand smoke.
Housing Conditions
Policy LU- Investigate incorporating a “healthy homes inspection” into existing code enforcement inspection procedures to identify and require remedy of pollutants.
Policy LU- Identify funding for education and remediation of lead and other housing hazards to benefit lowincome families and minimize risks associated with lead-based paint.
Policy LU- In addition to the requirements of the Building Code, encourage the use of green, healthy building materials that are toxin free in residential construction.
Policy LU- Support collaborations between public health professionals, environmental health inspectors, and building departments to connect clients with professionals who can assess and address multiple aspects of housing that affect health and safety.
Policy LU- Utilize federal, state, local, and private funding programs offering low interest loans or grants, and private equity for the rehabilitation of rental properties for lower income households.
Residential Uses and Other Sensitive Receptors
Policy LU- Ensure that new development with sensitive land uses is buffered from stationary sources and mitigated from non-stationary sources of pollution.
Policy LU- Require that proposals for new sensitive land uses minimize exposure to unhealthful air and other toxins through setbacks, barriers, and other measures.
Policy LU- Work with the Chowchilla Unified School District to minimize environmental hazards in and around educational facilities.
Policy LU- Educate residential property owners to retrofit their residential properties affected by adverse air quality or other toxins with air filters, ventilation systems, landscaping and/or other measures.
Complete Neighborhoods
The term “complete neighborhood” refers to a neighborhood that accommodates a range of incomes and where residents have safe and convenient access to the goods and services needed in daily life. This includes a variety of housing options, grocery stores and other commercial services, public schools, open spaces and recreational facilities, affordable active transportation options, and civic amenities. An important element of a complete neighborhood is that it is built at a walkable and bikeable human scale that reduces auto independence, and meets the needs of people of all ages, incomes, and abilities.
Policy LU Seek opportunities, whether in existing or future neighborhoods, to pursue the concept of Complete Neighborhoods throughout the City of Chowchilla. Promote “complete neighborhoods”—where residents have safe and convenient access to goods and services on a daily or regular basis—that address unique neighborhood needs, and support physical activity, including walking, bicycling, active transportation, recreation, and active play.
Policy LU- Prioritize infill development within the existing developed footprint to reduce vehicle miles traveled; improve access to jobs, services, and education; and increase active transportation choices.
Policy LU- Rewrite current General Plan Policy LU 2.3 to read: “High and medium density residential development is encouraged within reasonable walking distance of the downtown of the City and walkable distance to grocery stores and other commercial services, public schools, open spaces and recreational facilities, affordable active transportation options, and civic amenities”.
Accessory Dwelling Units.
Accessory or secondary dwelling units are attached or detached units that provide complete independent living facilities for one or more persons including permanent provisions for living, sleeping, cooking, and sanitation, located on the same lot as the primary structure. Second units often provide affordable housing for extremely low-, very-low- and low-income households, including seniors.
Policy LU- Encourage the construction of accessory dwelling units in all single-family residential zones subject to regulations and existing ordinance, and in accordance with State Law.
Policy LU- Develop a city policy that encourages and promotes construction of accessory dwelling units that face the City’s alleys in residential districts provided that such units meet setback, height, occupancy, and other applicable regulations set forth in the Municipal Code.
Chowchilla Industrial Park Specific Plan.
Policy LU- Amend and update the General Plan to reflect the Chowchilla Industrial Park Specific Plan goals and policies that allow the Chowchilla Industrial Park Specific Plan to develop and operate in a manner that complies with new State legislation.
Environmental Justice in Land Use
Senate Bill 1000 (SB 1000), also known as the Planning for Healthy Communities Act (Chapter 587, Statutes of 2016), requires local jurisdictions that are adopting or revising two or more elements of their general plans concurrently on or after January 1, 2018, to incorporate environmental justice (EJ) in their general plan if they have a disadvantaged community.
CalEnviroScreen: Areas west of Oleander Drive and east of SR 99 are identified as SB 535 Disadvantaged Communities. Senate Bill 535 directed that at least a quarter of the proceeds go to projects that provide a benefit to disadvantaged communities and at least 10 percent of the funds go to projects located within those communities. These funds must be used for programs that further reduce emissions of greenhouse gases.
Seven percent of the City of Chowchilla’s population are seniors, likely increasing to more than 4,000 by Year 2030.
Policy LU- Address the “unique or compounded health risks” in disadvantaged communities by decreasing pollution exposure, increasing community assets, and improving overall health.
Policy LU- City shall enhance low-income independent housing for seniors and continue to develop and expand senior housing services.
Policy LU- The City shall encourage the growth of senior housing, assisted living, and adult care facilities to meet the senior population growth.
Policy LU- Address whether zoning allows providers of fresh produce (grocery stores, farmers markets, produce stands) to locate within three-quarters of a mile of all residences in the City.
Policy LU- Encourage the development of healthy food establishments in areas with a high concentration of fast-food establishments, convenience stores, and liquor stores. For example, through updated zoning regulations, tailor use requirements to encourage quality, sit down restaurants, in areas that lack them.
Policy LU Further study and address the location and number of fast-food restaurants in the City and develop land use regulations that limit fast food retailers where there is an overabundance.
Policy LU Encourage existing convenience stores in or within one-half mile of residences to stock fresh produce and other healthy foods.
Policy LU- Encourage healthy food options at all municipal buildings and at City events where food is made available by the City.
Policy LU Continue to support the Chowchilla Farmers Market and allow farmers’ markets to operate in the City where appropriate.
Policy LU Promote the use of food assistance programs at farmers’ markets.
Policy LU- Promote city-wide messaging about healthy eating habits and food choices.
Policy LU- Review applications for off-sale alcohol licenses to ensure that over concentrations of off-sale alcohol do not occur in or near residential areas and schools.
Policy LU- Promote the development of balanced neighborhoods that accommodate a variety of housing types and density ranges to meet the diverse demographic, economic, and social needs of residents.
CIRCULATION ELEMENT
Access and Connectivity
Policy CI- Facilitate pedestrian and bicycle access to parks and open space through infrastructure investments and improvements.
Policy CI- Partner with the Chowchilla Unified School District, Chowchilla law enforcement, and non-profit organizations to improve access to bicycles, helmets, and related safety equipment and safety programs for lower income families.
Policy CI- Require the provision of on-site bicycle facilities in new large-scale development projects.
Policy CI- Provide safe, interesting, and convenient environments for pedestrians and bicyclists, including inviting and adequately lit streetscapes, shaded for comfort, networks of trails, paths and parks and open spaces located near residences, to encourage regular exercise and reduce vehicular emissions.
Parking
CA legislation AB 2097 prohibits cities from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within 1/2 mile of public transit.
Policy CI- Undertake a holistic review of the City’s parking standards to better reflect contemporary needs, support alternative transportation modes, and shared parking between uses, with appropriate reductions and/or elimination of minimum parking requirements for Downtown and for corridor segments with required ground floor active uses.
Policy CI Expand sustainably generated electric charging station capacity throughout Chowchilla, including within existing and new parking facilities, to encourage electric vehicle ownership, and to meet the Governor’s Executive Order N-79-20 targets and future demand.
Policy CI Promote personal use of electric vehicles by providing or promoting adequate publicly accessible charging stations and designated parking at City facilities, multi-family housing, and commercial developments.
Active Transportation
On September 26, 2013, Governor Brown signed legislation creating the Active Transportation Program (ATP) in the Department of Transportation (Senate Bill 99, Chapter 359 and Assembly Bill 101, Chapter 354). The ATP consolidates existing federal and state transportation programs, including the Transportation Alternatives Program (TAP), Bicycle Transportation Account (BTA), and State Safe Routes to School (SRTS), into a single program with a focus to make California a national leader in active transportation. The ATP is administered by the Division of Local Assistance, Office of State Programs and new funding programs are continuously being identified and administered.
The purpose of ATP is to encourage increased use of active modes of transportation by achieving the following goals:
• Increase the proportion of trips accomplished by biking and walking • Increase safety and mobility for non-motorized users
• Advance the active transportation efforts of regional agencies to achieve Greenhouse Gas (GHG) reduction goals
• Enhance public health
• Ensure that disadvantaged communities fully share in the benefits of the program • Provide a broad spectrum of projects to benefit many types of active transportation users Policy CI- Support implementation of the 2018 Madera County Active Transportation Plan (ATP) to create a network of safe, accessible and appealing pedestrian and bicycle facilities and environments for the “Proposed Bicycle Facilities – City of Chowchilla & Fairmead” and consider developing an Active Transportation Plan for the City of Chowchilla that includes the components of the Madera County ATP.
Policy CI- Bicycle and pedestrian facilities shall be identified, scheduled, and implemented in compliance with the City of Chowchilla Active Transportation Network identified in the 2018 Madera County Active Transportation Plan, as well as on other appropriate routes at the discretion of the City Council.
Policy CI- Employ appropriate traffic calming measures in areas where pedestrian travel is desirable but is unappealing due to traffic conditions.
Policy CI- Bicycle and pedestrian connections shall be continuous and convenient to the nearest neighborhood center, school, or park.
Policy CI- Orient development to encourage pedestrian and transit accessibility. Strategies include locating buildings and primary entrances adjacent to public streets and providing clear and direct pedestrian paths across parking areas and intersections.
Policy CI- Provide pedestrian facilities that are accessible to persons with disabilities, compliant with Americans with Disabilities Act (ADA) Standards for Accessible Design and ensure roadway improvement projects address accessibility and use universal design concepts.
Policy CI- Create development standards that provide desired and maximum block lengths in residential, retail, and mixed‐use districts to enhance walkability.
Policy CI- To allow for greater connectivity throughout residential neighborhoods, discourage cul-de-sacs unless adequate pedestrian access to adjacent streets is provided.
Transit
Policy CI- CATX should work with Madera County Transit to develop a future regular bus route that circulates through other areas of the City’s key destinations and that would eventually connect to High-Speed Rail stations in the cities of Merced and Madera.
Policy LU- Encourage the use of low emission or electric vehicles in City and transit fleets.
Policy CI- The City shall work with California High Speed Rail Authority on providing transit connections to the nearest proposed high-speed rail stations in Merced to the north and Madera to the south.
SB 743 (LOS to VMT Transition)
SB 743 is a performance measure that discourages suburban sprawl, reduces greenhouse gas emissions, and encourages smart growth development, complete streets, and multimodal transportation. California's new rules ask developers to project VMT, Vehicle Miles Traveled, created by their projects and, if they reach a certain level, provide for mitigations by taking steps that can include: improving access to transit and local amenities, incorporating affordable housing, and/or providing incentives to increase transit use. VMT Analysis for Land Development Projects shall utilize the Madera County Transportation Commission VMT resources screening process.
Policy CI Foster a comprehensive network of safe, accessible roads, trails, sidewalks, and pathways that emphasize a Complete Streets approach, while reducing vehicle miles traveled (VMT) and dependence on single-occupancy vehicles.
Policy CI Maintain a roadway network that serves not just automobile operations, but also multi-modal movement and adjacent land uses.
Policy CI Foster a more connected system of streets, pedestrian facilities, and bicycle facilities as new development and redevelopment is undertaken, or as opportunities are presented.
Policy CI Update policies to reflect VMT by Improving intersections operating at less than an A.M. and P.M. peak hour Level of Service "D" conditions by adding appropriate turning lanes to congested approaches, widening intersection approaches, or modifying signal timing at intersections and coordinating with other signals, as appropriate, unless other public health, safety, or welfare factors determine otherwise.
Policy CI Evaluate new development and redevelopment projects for compliance with adopted Vehicle Miles Traveled (VMT) significance thresholds.
Policy CI Continue efforts to reduce VMT—such as through pedestrian and bikeway improvements, streetscape design to promote non-vehicle transportation, mixed-use developments, flexibility in parking standards, and transportation demand management—to reduce automobile traffic and GHG emissions, while recognizing that the City has limited control over regional economic and travel patterns that influence VMT.
Policy CI Identify projects for VMT noting that many projects may be too small to meet the threshold for VMT mitigation such as local serving projects, certain mixed-use projects, affordable and farmworker housing, and some redevelopment projects; and are thus excluded from VMT mitigation.
Policy CI For proposed large-scale development projects with significant transportation impacts, a survey shall be conducted within one half mile of the project site to determine any gaps in facilities for walking, bicycling or transit.
Policy CI Seek to reduce mobile sources of air pollution by creating denser and walkable neighborhoods, and improving bicycle infrastructure, with the goals to reduce the number of miles traveled in cars and improve regional air quality.
Policy CI The Chowchilla Industrial Park Specific Plan shall be reevaluated for VMT Mitigation to provide for transportation improvements.
Complete Streets
A Complete Street is an approach to planning, designing, building, operating, and maintaining streets that enable safe access for all people who use them, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities.
Policy CI Support walking and bicycling by encouraging Complete Streets (bike lanes, traffic-calming measures, sidewalks separated from the roadway with tree planted landscaping), where feasible in the right-of-way, particularly in neighborhoods, Downtown, and in transit-oriented locations.
Policy CI Update the City’s Engineering and Street Design Standards to ensure that roadway and streetscape design specifications reflect the Complete Streets concept, bus stops and bus pull-outs, while also addressing the needs of through traffic and bike lanes and trails next to public streets.
Environmental Justice Policies for Circulation Element
Policy LU- Prioritize bicycle and pedestrian infrastructure and safety improvement projects that improve access for underserved communities, particularly those reliant on walking, biking, and transit for transportation.
OPEN SPACE AND CONSERVATION ELEMENT
Parks and Park Access
Policy OS- Update the City of Chowchilla Park and Recreation Master Plan approximately every ten years to keep up with population growth, expansion of the City ‘s boundaries, and ever-changing recreation trends with input from the community, businesses, and other stakeholders.
Policy OS- Work closely with local planning and transportation departments to build and maintain sidewalks, crosswalks, bike racks, bike paths, and shade trees, as well as routes within and between parks, trails, and other key destinations.
Environmental Justice Policies for Parks and Park Access Policy OS- Promote equitable park programs and policies that make it safe and easy for residents to be physically active, regardless of their age, race, income, ability, or disability.
Policy OS- Increase access points to recreation areas and green spaces or locate them along public right- of-way so they are more accessible to all community members.
Policy OS- Ensure that investments in parks and recreation facilities are equitable and prioritize improvements to lower-income neighborhoods where residents may not have transportation to visit parks that are further away.
Energy Conservation
Policy OS- Consider converting street lighting, water pumping, water treatment, and other energy-intensive operations to more efficient technologies.
Policy OS- Pursue State, regional, and federal funding programs designed to reduce energy demand through conservation and efficiency.
Policy OS- Identify and publicize information about financial mechanisms for private solar installations and provide over‐the‐counter permitting for solar installations meeting specified standards.
Urban Greening
Policy OS- Identify, implement, and seek funding for specific green infrastructure projects in Chowchilla.
Policy OS Maintain and continue to implement the City’s Urban Forest Plan through new development projects, additions to Chowchilla’s urban forest to delineate corridors and the boundaries of urban areas, and to provide tree canopy for bike lanes, sidewalks, parking lots, and trails, and install trees within parks, school sites, public rights-of-way and other city properties.
Policy OS Adopt the Chowchilla Industrial Park Specific Plan Plant List as the official plant selection list for the City of Chowchilla.
Urban Agriculture and Environmental Justice Policies for Open Space and Conservation Urban agriculture is a means to improve community health and reduce health inequities. It encourages civic participation in food system governance and offers citizens opportunities to explore concepts of food sovereignty within an urban setting.
Goal: Healthy, affordable and culturally appropriate food is readily available to all members of the community.
Affordable and Nutritious Food Policies
Objective OS 26 Provide and promote access to healthy food and nutritional choices.
Policy OS 26.1 Encourage and simplify the process of developing community gardens within or adjacent to neighborhoods and housing development sites.
Policy OS 26.2 Through updated zoning regulations, allow community gardens as an amenity in required open space areas of new multifamily and mixed-use development projects.
Policy OS 26.6 Identify vacant lots and underutilized public land that can be used for neighborhood-run community gardens including coordination with Chowchilla Elementary Schools and Chowchilla Union High School District.
Policy OS 26.9 Educate the public on how to grow and maintain a private or community edible garden.
PUBLIC FACILITES AND SERVICES ELEMENT
Policy PF- Coordinate with the State of California 2020 Broadband Action Plan (Executive Order N-73-20) and SB 156 to help create access to high-performance broadband at home, schools, libraries, and businesses; make available affordable broadband and the devices necessary to access the Internet; and, provide avenues for training and support to enable digital inclusion.
Policy PF- Recycling Centers. The City shall continue to enforce and update the regulations for Chowchilla Zoning Ordinance Section 18.60.160 Recycling collection facilities including cleaning and washing of permanent structures and surrounding areas; all litter surrounding the site removed as needed to maintain a safe and healthy environment; and possession of stolen shopping carts is a police misdemeanor.
PUBLIC SAFETY ELEMENT
Flood Considerations
Policy PS- Any areas that have experienced burn shall be cleared and replanted with native vegetation to limit and/or prevent flooding in these areas.
Policy PS- Continue the ongoing eradication of Arundo donax, giant cane, from sloughs to reduce the risk of flooded waterways and hard-to-control fires.
Policy PS- All wildfire burned areas shall be treated to control storm water runoff prior to winter rains.
Existing Development
Policy PS- Public and private landowners for all existing land uses shall comply with all applicable state and local requirements and implement site-specific safety measures that mitigate to a low-risk condition around or near public facilities, infrastructure, and natural resources such as the city’s sloughs.
Policy PS- Public and private landowners shall minimize the risk of fire moving from property to property, by increasing structural hardening measures (e.g., fire-rated roofing and fire-resistant construction materials and techniques), maintaining and improving defensible space on site, and supporting vegetation management in adjacent undeveloped areas.
New Growth
Policy PS- All residential, commercial, and industrial construction and development shall comply with the statewide Fire Safe Regulations (see CCR, Title 14, Sections 1270 et seq.) relating to roads, water, signing, and fuel modification.
Urban Considerations
Policy PS- Public open spaces should be used as demonstration areas and examples to neighborhood residents for fire-adapted and drought tolerant landscapes.
Policy PS- Update site landscaping standards to be fire-adapted using native vegetation or fire-resistant planting palettes and prohibit flammable landscape plantings or materials storage within the structure ignition zone (e.g., within 0-5 feet of the structure).
Emergency Preparedness
Policy PS- Work cooperatively with other agencies and private interests to educate private landowners on fire-safe and defensible measures to increase compliance with existing regulations to achieve a low-risk condition.
Policy PS- Review and update emergency response and evacuation plans and procedures at least every 5 years to reflect current conditions and community needs.
Environmental Justice Policies for Emergency Preparedness Element Policy PS- Ensure completeness and availability of identified emergency supplies and resources to all segments of the population, focusing especially on vulnerable and disadvantaged communities, including but not limited to temporary shelter or housing, and items such as medical supplies and services, water main repair parts, generators, pumps, sandbags, road clearing, and communication facilities.
Policy PS- Identify or develop programs to provide financial incentives or assistance to low-income households for defensible space maintenance, home hardening, and other measures to reduce risk.
Policy LU- Promote clean air and water, a healthy natural environment, and pollution-free neighborhoods to reduce disparate health impacts resulting from environmental pollutants in vulnerable communities.
Long-term considerations
Policy PS- Incorporate forecasted impacts from climate change into trends and projections of future fire risk and consideration of policies to address identified risk.
Policy PS- As the City continues to grow and its boundaries expand, if the need arises, plan for the future for a new fire station and equipment.
Policy PS- Mitigate the impacts of train-related emergency response vehicle delays by planning for a city roadway grade separation.
ATTACHMENT 3 – Notice of Exemption
ATTACHMENT 4 – Planning Commission Resolution
ATTACHMENT – Public Hearing Notice
REPORT TO THE CITY COUNCIL
Item 6.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a Resolution Amending the 2022/2023 Salary Scale to Include the Human Resources Manager Classification PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopts a resolution amending the 2022/2023 salary scale to include the Human Resources (HR) Manager classification.
BACKGROUND:
Currently, the City Clerk is tasked with HR duties, (except for payroll which is housed in the Finance Department). These duties include, but not limited to, Risk Management (liability insurance, workers compensation, risk control), Recruitment, Benefits (enrollment/changes), employee training, policies, programs, practices and legal compliance. For some time, staff has been entertaining the idea of having a stand-alone classification whose sole responsibility is all things HR. The Mid-Management bargaining unit has reviewed and approved adding the position at the proposed Range 50.
REASON FOR RECOMMENDATION:
The City Clerk (or Chief Deputy City Clerk when the City Administrator used to likewise be the City Clerk) has also been the HR Generalist. At that time, staffing was low and manageable and so were HR duties.
Currently, the City Clerk is not only HR, but also oversees Transit. Staff is recommending adding the HR Manager classification to the salary scale to have one person dedicated to all HR tasks. HR is complex in nature and needs full-time attention. Staff would like to add the classification of “Human Resources Manager” to the current salary scale at Range 50. The range is in line with similar-sized agencies.
FISCAL IMPACT:
The salary for a Range 50 position in FY 22/23 is $73,611-$94,228. This position will not be filled until FY 23/24 since we have to recruit for the position still so there is no fiscal impact in FY 22/23 but if approved, it will be added to the FY 23/24 budget.
ALTERNATIVES:
Do not approve the additional classification.
ACTIONS FOLLOWING APPROVAL:
Update the salary scale.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AMENDING THE 2022/23 SALARY SCALE TO INCLUDE A HUMAN RESOURCES MANAGER
CLASSIFICATION
WHEREAS, Section 37206 of the Government Code requires City Council to prescribe the time and method of paying salaries and wages of employees of the City; and WHEREAS, from time to time, staff may review the functionality of their department and suggest changes to certain roles and classifications; and
WHEREAS, these changes may affect the City’s salary scale; and, WHEREAS, the Administrative Services Department has analyzed the needs and requirements needed in order to plan for future growth and its needs; and WHEREAS, the recommended Human Resources Manager classification and pay range best fits the immediate and long-term needs to operate the department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The salary scale for the Human Resources Manager classification is attached and marked as Exhibit A are hereby added to the City’s current Salary Scale.
2. This resolution is effective immediately upon adoption. * * * * *
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of June, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
EXHIBIT A
Human Resources Manager:
Grade A A ½ B B ½ C C ½ D D ½ E E ½ F
50 35.39 36.27 37.18 38.11 39.06 40.04 41.04 42.07 43.12 44.20 45.31
REPORT TO THE CITY COUNCIL
Item 6.3
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TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: New Business
SUBJECT: Approval of a Resolution Awarding Contract for the Housing Element 2024- 2032 in the Amount of $199,865.40.00 and Authorizing the City Administrator or Designee to Execute Related Documents
APPROVED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends that the City Council Adopt a resolution awarding contract for the ‘Preparation of the 2024-2032 Housing Element’ in the amount of $190,348.00 and a 5% Contingency totaling $199,865.40, and authorizing the City Administrator or designee to execute related documents.
BACKGROUND:
On April 28, 2023, the City of Chowchilla published a notice inviting bids for the ‘Preparation of the 2024- 2032 Housing Element.’ The bid proposal was published in the Madera Tribune, OpenGov.com, and City’s social media outlets. The proposal was viewed by 94 vendors, downloaded by 20 vendors, with 2 vendors submitting proposals. The project work includes updating the Housing Element, General Plan updates, implementation, and CEQA Initial Study Review.
REASON FOR RECOMMENDATION:
The City opened bids for the on June 5, 2023. The City received two (2) bids for the project as follows:
Contractor Base Bid Bid + 5% Contingency Anticipated Date of Draft Submittal to HCD
Precision Engineering $190,348.00 $199,865.40 November 2023 MBI $398,420 $423,420 February 2024
Staff reviewed the bids submitted by Precision Engineering and MBI. Based on the review, staff determined the bid submitted by Precision Engineering was the most reasonable and responsive. Precision Engineering’s bid anticipates the ‘2024-2032 Housing Element’ document would be submitted prior to the City’s deadline of January 31, 2024. Due to their bid proposal reflecting an on-time submission of the Housing Element to HCD, staff is recommending City Council consider awarding the contract for the ‘Preparation of the 2024-2032 Housing Element,’ to Precision Engineering and authorize for a project contingency in the amount of 5% of the contract.
FISCAL IMPACT:
The construction costs and available funding for the Project are included in the Fiscal Year 2023/24 Budget as summarized in the following table.
Item / Task Amount
Precision Engineering Budget
A. Housing Element $133,798
B. General Plan Updates $17,030
C. Implementation $12,565
1. Rezones (if necessary)
2. General Plan & Zoning
Code Text Amendments
D. CEQA Review $26,955
Includes preparation of an
Initial Study
E. 5% Contingency $9,517.40
Total Available Construction Funding $199,865.40
ALTERNATIVES:
City Council may reject all bids.
ACTIONS FOLLOWING APPROVAL:
1. Execution of Contract.
2. Housing Element kick-off meeting.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AWARDING THE CONTRACT PREPARATION OF THE 2024-2032 HOUSING ELEMENT BID TO PRECISION ENGINEERING IN THE AMOUNT OF $199,865.40 AND AUTHORIZING THE CITY
ADMINISTRATOR OR DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS THERETO WHEREAS, the Invitation to Bid for the ‘Preparation of the 2024-2032 Housing Element’ (the “Project”) was published in the Madera Tribune on April 29, 2023 and was posted electronically on OpenGov.com on April 28, 2023; and
WHEREAS, the following bids for the Project were received and publicly opened and read aloud at the Chowchilla City Hall on June 5, 2023:
Contractor Base Bid Bid + 5% Contingency Anticipated Date of Draft Submittal to HCD
Precision Engineering $190,348.00 $199,865.40 November 2023 MBI $398,420.00 $423,420.00 February 2024
WHEREAS, the Director of Community and Economic Development has reviewed the bid submitted by Precision Engineering to meet minimum qualifications; and, WHEREAS, the Director of Community and Economic Development recommends the Project be awarded to Precision Engineering.
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 low bid submitted by Precision Engineering is responsive.
3. The contract for the Project is awarded to Precision Engineering in the amount of $190,348.00 and contingencies of up to five percent (5%) as approved by the City Administrator are authorized.
4. The City Administrator is authorized to execute the contract on behalf of the City of Chowchilla.
5. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of June, 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
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: New Business
SUBJECT: Approving a Council Resolution Establishing a Commercial Incentive Program to Reduce the Start Up Cost of Businesses Constructing New Facilities on Land Within the City Zoned C-N, C-S, C-H, MX, and MX-D
PREPARED BY: Mark Hamilton, Director of Community and Economic Development ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the Chowchilla City Council approve a Resolution establishing an incentive program for Commercial developments looking to locate within the City. The incentive program is designed to reduce the startup cost of new Commercial businesses looking to construct new facilities on land within the City zoned C-N, C-S, C-H, MX, and MX-D.
BACKGROUND:
Previously, the City approved a commercial incentive program for commercial areas located within the Downtown area of the community. With the adoption of the new Development Impact Fee program, staff is proposing a city-wide commercial incentive program.
There is approximately 300 acres of commercially-zoned land in the City owned private parties located along Hwy 99 and 152 Corridors. This land is primarily zoned C-S (Service Commercial) and C-H (Highway Commercial), which can accommodate most commercial types of uses. The challenge the City is experiencing is ensuring the City remains competitive and is offing attractive package to various types of commercial users to get their attention. Without a competitive incentive program in place, many investment groups will move along to the next city willing to offer an attractive incentive package for their clients.
Many cities and counties recognize the competitive nature of attracting newer commercial users into their community. For a community, like Chowchilla, new larger commercial facilities have the potential to create various types of jobs, additional sales tax revenues, and increases in property taxes values. These new revenue sources over the course of time make-up of the initial reduction of the fees. The primary purpose for offering incentives is to be competitive with other cities and counties that are also recruiting the same limited number of businesses looking to start up, relocate or expand.
The Resolution authorizes a list tiered approached of incentives being offered by the City. The purpose for the tiered approach is to create a greater incentive for larger commercial developments. When staff has spoken with investors looking to build various types of developments, the larger commercial developments were unfairly being be charged a rate that made the projects become cost prohibitive, as compared to the smaller QSR’s (Quick Serve Restaurants) that would generate a higher volume of traffic.
For example, a 15,000 Square Foot Speculative Commercial building might generate 150 trips per day, while a 1,000 Square Foot QSR might generate 250- 400 trips per day. The difference is approximately 55% - 65% less traffic volume, but the fee charged is 2% of what the larger facility is being charged for Development Impact Fees. The intent of the incentive package is to keep the impact fees the same for the smaller commercial developments, but stagger the incentive amount to encourage larger commercial developments and facilities.
Commercial Development Impact Fee – Current Rate
Description
Commercial /
1,000 SF
Commercial / 5,000 SF
Commercial / 10,000
SF
Commercial /
20,000+ SF
Sewer $827.00 $4,135.00 $8,270.00 $16,560.00
Water $1,116.00 $5,580.00 $11,160.00 $22,320.00
Fire Facilities $2,159.00 $10,795.00 $21,560.00 $43,180.00 Police Facilities $6,251.00 $31,255.00 $62,510.00 $125,020.00 Streets $12,069.00 $60,345.00 $120,690.00 $241,380.00
Traffic Signals $1,564.00 $7,820.00 $15,640.00 $31,280.00 Public Buildings $854.00 $4,270.00 $8,540.00 $17,080.00 Total Per Unit
Regular Rate:
$24,840.00 $124,200.00 $248,400.00 $496,800.00
Commercial Development Impact Fee – Proposed Percentage Reductions Description
Commercial
0 SF – 1,499 SF
No Reduction
Commercial
1,500 SF – 3,999
25% Reduction
Commercial SF
4,000 – 6,999
50% Reduction
Commercial
7,000+ SF
75% Reduction
Sewer $827.00 $620.25 $413.50 $206.75
Water $1,116.00 $837.00 $558.00 $279.00
Fire Facilities $2,159.00 $1,619.25 $1,079.50 $539.75
Police Facilities $6,251.00 $4,688.25 $3,125.50 $1,562.75 Streets $12,069.00 $9,051.75 $6,034.50 $3,017.25
Traffic Signals $1,564.00 $1,173.00 $782.00 $391.00
Public Buildings $854.00 $640.50 $427.00 $8213.50
Total Costs per
1,000 SF $24,840.00 $18,630.00 $12,420.00 $6,210.00
REASON FOR RECOMMENDATION:
With the City being located at the intersection of Highways 99 and 152, Chowchilla is well situated for commercial growth. With many neighboring jurisdictions located within Fresno County, Madera County, and Merced County offering various types of financial incentives, this package of incentives is designed to ensure Chowchilla remains competitive with these other jurisdictions.
FISCAL IMPACT:
The proposed schedule of Commercial Development Impact Fees ranges from $6,210 for a 7,000 square foot building to $24,840 for a 1,000 square foot building. The challenge we discovered is if no one is building then none of those fees can be collected. The potential impact of the Commercial Incentive Program would minimize the loss of Development Fees by encouraging larger commercial buildings.
However. these losses will be offset by new jobs, increases in sales taxes, and increases property tax revenue to the City’s General Fund.
ALTERNATIVES:
Reject the proposal and maintain the status quo.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA,
APPROVING A COMMERCIAL INCENTIVES PROGRAMTO REDUCE THE START UP COST OF
BUSINESSES CONSTRUCTING NEW FACILITIES ON LAND WITHIN THE CITY ZONED C-N, C-S,
C-H, MX, AND MX-D
WHEREAS, there is approximately over 300 acres of land within the City of Chowchilla that are zoned for commercial development; and
WHEREAS, with the confluence of Highways 99 and 152, Chowchilla has the infrastructure to support commercial growth to support the customers visiting from throughout California and the nation; and
WHEREAS, Chowchilla finds its community and geographic location as a valuable asset attracting additional commercial ventures and other enterprises to the City; and WHEREAS, other cities and counties in the Valley offer substantial financial incentives to attract new and expanding commercial projects; and
WHEREAS, in order to become competitive with other cities and counties for commercial development projects, Chowchilla needs to offer equal or greater incentives to attract and facilitate such development; and
WHEREAS, Chowchilla has the ability to provide such incentives by sharing with developers a percentage of the financial increase they bring to the community, utilizing reduced development impact fees which would reduce the startup cost of building new or expanding an existing Chowchilla business; and
WHEREAS, the City of Chowchilla’s Commercial Development Impact Fees shall be assessed for eligible new commercial developments as outline below:
Commercial Development Impact Fee – Proposed Percentage Reductions Description
Commercial
0,000 SF – 1,499 SF
No Reduction
Commercial
1,500 SF – 3,999
25% Reduction
Commercial SF
4,000 – 6,999
50% Reduction
Commercial
7,000+ SF
75% Reduction
Sewer $827.00 $620.25 $413.50 $206.75
Water $1,116.00 $837.00 $558.00 $279.00
Fire Facilities $2,159.00 $1,619.25 $1,079.50 $539.75
Police Facilities $6,251.00 $4,688.25 $3,125.50 $1,562.75 Streets $12,069.00 $9,051.75 $6,034.50 $3,017.25
Traffic Signals $1,564.00 $1,173.00 $782.00 $391.00
Public Buildings $854.00 $640.50 $427.00 $8213.50
Total Costs per
1,000 SF $24,840.00 $18,630.00 $12,420.00 $6,210.00
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The City will establish the Industrial Incentives Program outlined herein this resolution.
2. The program shall be effective from July 1, 2023 to June 30, 2025, unless extended by separate City Council action.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 13th day of June, 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 6.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: June 13, 2023
AGENDA SECTION: New Business
SUBJECT: Discussion and Recommendation to Form a Measure N Ad Hoc Committee, Appointing Two Members of the City Council
PREPARED BY: Joann McClendon, City Clerk
AUTHORIZED BY: Rod Pruett, City Administrator
ATTACHMENTS: None
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council form a Measure N ad hoc committee and appoint 2 Council Members to said committee.
BACKGROUND:
The City of Chowchilla placed a local public safety tax on the November 2018 ballot that passed with 2,121 ‘yes’ votes versus 773 ‘no’ votes. Measure N is a one-cent sales tax that provides a source of independent, locally-controlled revenue to maintain and protect 911 fire and medical emergency response times, maintain drug and gang enforcement and prevention services, prevent the loss od our local police department and retain experienced volunteer firefighters.it adds strong accountability requirements and builds on Chowchilla’s record of financial responsibility and transparency.
REASON FOR RECOMMENDATION:
Measure N is set to expire in November 2026 and staff and Council wish to stay ahead of the deadline to resubmit and extend the life of the Measure. With that being said, and following the steps taken when the Measure was originally constructed, staff is requesting the formation of a new Measure N ad hoc.
FISCAL IMPACT:
None.
ACTIONS FOLLOWING APPROVAL:
Follow the direction and recommendations from the Council.