AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, July 25, 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:
City Council Meeting AGENDA July 25, 2023
CLOSED SESSION REPORT:
PRESENTATIONS/WORKSHOP - Section 1
1.1 Oaths of Office: Officer Timothy Watson, CSO/Dispatcher Jalynn Klups, CSO/Dispatcher Avery Worrell, CSO/Dispatcher Sequoia Jordan
1.2 Police Officer & Non-Sworn Officer of the Year: Officer Kelby Grissom & CSO/Dispatcher Monica Blanc
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 July 11, 2023 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the June 2023 Financial Report (Williams)
3.3 Consideration and Adoption of a City Council Resolution Accepting Improvements and Authorizing Filing of the Notice of Completion for the Humboldt Avenue Street Improvements Project (Rogers)
3.4 Consideration and Adoption of an Ordinance 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 (Pruett)
3.5 Consideration and Adoption of a City Council Resolution Approving Applications for Transportation Development Act Funds for Fiscal Year 2023/2024, and Authorizing the City Administrator or Designee to Execute and Submit Applications to the Madera County Transportation Commission (McClendon)
City Council Meeting AGENDA July 25, 2023
3.6 Consideration and Adoption of a City Council Resolution Adopting the Updated City of Chowchilla Title VI Program for the Chowchilla Area Transit Express (CATX) (McClendon)
3.7 Consideration of the Quarterly Fee Waiver Report (Pruett) PUBLIC HEARINGS – Section 4
4.1 Consideration and Adoption of a City Council Resolution Confirming the Diagram and Assessments and approving the Levy and Collection of the Annual Assessments for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla for Fiscal Year 2023-2024 (Rogers)
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Supporting Caltrans, District 6 Incorporating Infrastructure Investment and Job Act (IIJA) Funds Regarding Improvements to the State Route (SR) 233/Robertson Boulevard Corridor (Rogers)
6.2 Consideration and Adoption of a City Council Resolution Approving a Subrecipient Agreement with Self Help Enterprises to Implement the City’s Permanent Local Housing Allocation Program and Authorizing the City Administrator to Execute the Agreement (Hamilton)
6.3 Consideration to Appoint a Primary and up to Two Alternate Voting Delegates for the League of California Cities Business Meeting at the 2023 Annual Conference in Sacramento, California (McClendon)
6.4 Consideration of the Quarterly Project Management Program Report (Pruett)
6.5 Consideration and Adoption of a City Council Resolution Authorizing the City Administrator or Designee to Increase the Fireworks Sales Permit to Five (Gaumnitz) ANNOUNCEMENTS – Section 7
JUNE 12 -
JULY 27 OPEN SWIM PROGRAM, CUHS POOL, MONDAY - THURSDAY, 12:30PM TO 4PM AUG 8 CITY COUNCIL MEETING, CITY HALL, 4PM
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 21st day of July, 2023 at or before 5:00pm.
Joann McClendon, CMC, City Clerk
Public meetings are open to the public to attend in-person. However, if you wish to attend remotely, please read the message below.
Zoom login instructions
Use the following url to start Zoom:
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Passcode: 155 552
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-877-853-5247
Webinar ID: 854 3407 0767
Passcode: 155 552
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and to make sure you have optimal internet connection.
Options to participate / view / and listen to the meeting:
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Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
MINUTES
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, July 11, 2023
No Closed Session ~ Open Session: 4:00 p.m.
CALL TO ORDER/ROLL CALL: 4:06 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, Finance Director Kerri Williams, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT Systems Administrator Carlos Berrocal, Deputy City Clerk/Sec II Stacy Weaver
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
Motion by Council Member Waseem Ahmed, Seconded by Mayor Pro Tem Kelly Smith to Approve the Agenda as Presented. Motion passed unanimously by roll call vote.
OPEN SESSION – 4:07 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Rev. Rick Pruitt
PRESENTATIONS/WORKSHOP - Section 1
PUBLIC ADDRESS
Rachelle Gibbs spoke on behalf of the homelessness and requested assistance.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Troost participated with Public Works Director Rogers in a water round table meeting with Congressmen John Duarte.
Mayor Pro Tem Smith attended the 4th of July event that the Lion Club sponsored at the Chowchilla Airport, held on Saturday, July 8th, a well attended the event. Mr. Smith wanted to thank the Public Works department for their dedication, and Doug Thiel’s business, which is located at the Chowchilla Airport.
City Council Meeting MINUTES July 11, 2023
Council Member Ahmed attended an Economic Development meeting with Mayor Barragan. He wanted to publicly thank the Senator Marie Alvarado-Gil from District 4 for securing a permanent cap of 10% on the Caltrans oversight meeting and reported that it would help the City of Chowchilla save over $800,000 regarding the Roundabout Overpass project.
2.2 STAFF VERBAL REPORTS
Community & Economic Development Director Hamilton reported the status of potential projects moving forward. He spoke with the Builder of Lone Oak, who is moving forward with a lot line adjustment to sell part of the project to a potential regional builder. In June, the City of Chowchilla had fifty-nine (59) new building permits and five (5) new single-family dwellings; thirty-six (36) active locations have permits. The City of Chowchilla’s inspector did two hundred and twenty (220) inspections in the past month, and he spends 3 – 4 hours each day at the Autozone site keeping the project moving forward. The Autozone project is ahead of schedule and moving along quickly. The staff has worked with Deputy Director Wisner at the Park doing the Concerts at the Park. This event is a positive community event and a pleasure to participate in.
Public Works Direction Rogers reported the department is working on several annual State reports for utilities. He met with Caltrans staff to discuss the proposed improvements discussed with Council at their last meeting. Caltrans is still working on the conceptual designs and asked to present to Council on July 25th instead of tonight's meeting, as requested. The Mt. Bullion Fire Crew and Public Works Staff completed the weed abatement around the Truman Storm Drainage Ponding Basin. They will conduct similar operations at the City's Kennedy Court Ponding Basin.
And finally, he and Council Member Troost attended a Madera County Water Roundtable meeting with Congressman John Duarte. The meeting focused primarily on agricultural water needs. Mr.
Rogers was able to provide perspective on municipal needs and requested more funding sources be made available to rural water areas.
Police Chief Palmer reported, since the last Council meeting, the City Police Officers responded to 1,055 calls. Four hundred fifty-one (451) of those calls were self-initiated. As a result of the Officer's activities, they made thirty (30) misdemeanor arrests and two (2) felony arrests. They issued forty-eight (48) traffic citations. The Code Enforcement took six (6) reports, marked thirteen (13) vehicles for violations, and noticed four (4) other properties for various code enforcement violations. The new cadet hired and sponsored to attend the academy the past week decided that the job was not for him and submitted his resignation. There are three (3) current vacant positions. Chief Palmer was happy to say that, at this moment, the CSO positions are fully staffed. Chief Palmer wanted to congratulate Sgt. Inzunza and his family on the birth of their second son this past week. The Chowchilla Police Department is moving forward through the remainder of the summer months, and the focus is to continue providing County Services to homeless people and focusing their efforts on traffic violations and DUI drivers. This upcoming Friday, July 14th, he and Lt. Denny will be in the dunk tank at the Veterans Park for one of our centennial celebrations. Chief Palmer invited Citizens to participate in "Dunk a Cop" for a donation.
Fire Chief Gaumnitz reported that the Truman Pond Crew finished and did a fantastic job with Cal-Fire. On July 4th attended the Annual Volunteer Firefighters Barbeque and wanted to say "Thank you" for their dedication. Chief Gaumnitz attended the July 8th Chowchilla Lions Club Fireworks Show. The contractor for the 2023 Weed Abatement is half way through, and the new fire truck should arrive around this summer's end. Have a new Volunteer Fire Fighter, which is in the background process and should be introduced soon to Council.
City Administrator Pruett reported attending a view meeting already mentioned. Mr. Pruett provided updates for the Fairmead Consolidation Project with the consultants on speeding up that process and getting the information the Water Resource Control Board said they needed to move forward. There is another meeting on Friday, July 14th as well. He also had a meeting with High- City Council Meeting MINUTES July 11, 2023
Speed Rail (HSR) with regards to the Fairmead Consolidation Project; per their MOU, they have a certain financial obligation towards the project, but they also are willing to help with the outreach efforts to get the right of entries signed. The project needs 90 right-of-entries; currently, we only have about 40 for the grant. Staff meeting with the Fairmead Leadership Council and Self-Help are trying to move this project forward. The MCTC and the California Transportation Commission will have a meeting in October where they want to visit the City of Chowchilla for potential projects in the County. The City of Chowchilla project that we will be showing them is the Roundabout Project hoping for their help with any funding shortfall that we might have. Meet with MCTC to go over the RFP for the Measure T renewal. Mr. Pruett attended continuing education courses on a 2023 GAP update.
Deputy Director of Recreation & Community Engagement Wisener reported that Movies/Music in the Park was going well this year and attended. Ms. Wisener wanted Council to know that the Citizens expressed their appreciation for the events and were very thankful. Ms. Wisener wished to thank the City's sponsors; Golden Memorial Insurance, Camarena Health; Madera Arts Council, QK, Steve Chevrolet of Chowchilla, and TF Farms. The "Party in the Park" is coming up this Friday, July 14th. The City will have its time capsule reveal at 7:00 p.m.; in the future, we will be doing a new time capsule, which will be announced later. Yes, we will have a "dunk tank," and the volunteers will include; Lt. Daniel Denny, Chief Palmer, Tony Gaither, George Rocha, and Branden Strain. We still need to fill one more position.
The event will have a bounce house, and the Yard Dog's will be there. Anticipate a lovely event.
Adult recreation started, and the City's refurbished concession stand is running. Ms. Wisener wanted to thank the City's maintenance, and a shout-out to Mario, and thank Mr. Rogers for paying for it out of his budget. The City has refurbished the Senior Center, Ed Ray Park, and now the concession stand, and she anticipates other City locations. The Continental Dinner is coming up and has been in the planning stage, and she wanted to say "Thank you" to the sponsors publicly; Golden Memorial, Camarena Health, Chowchilla Management Zone, Palmer Insurance, Salter's Distributing, Lozano Smith LLP, and we have participants from the Chowchilla Rotary, Chowchilla Chamber of Commerce.
The Summer pool season averages 37 participants a day. Somedays are 60 down to 20, and no problems so far. The cost is $1.00 for youths and $2.00 for adults. She posted on Facebook to get help from the High School Student Body to get their community service hours, and she has had a few students take advantage of it. Some TAP's children are coming this Friday to help at the pool.
CONSENT CALENDAR – Section 3
3.1 Approval of the June 27, 2023 City Council / Redevelopment Successor Agency / Public Financing Authority Joint Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the June 2023 Check Register (Williams) Motion by Council Member John Chavez, Seconded by Council Member Jeff Troost to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
PUBLIC HEARINGS – Section 4
4.1 Introduction of an Ordinance 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 (Pruett)
Mayor Barragan Opened the public hearing at 4:35 p.m.
City Council Meeting MINUTES July 11, 2023
No one spoke for or against the item.
Mayor Barragan Closed the public hearing at 4:35 p.m.
Motion by Mayor Pro Tem Smith, Seconded by Council Member Ahmed to Approve the Introduction of an Ordinance 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. Motion passed unanimously by roll call vote.
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Amending the 2023/24 Salary Scale to Include Accounting Technician I, Accounting Technician II, and Utility Billing Clerk Classifications (Williams)
Motion by Council Member Ahmed, Second by Council Member Troost to Approve City Council Resolution (#53-23) Amending the 2023/24 Salary Scale to Include Accounting Technician I, Accounting Technician II, and Utility Billing Clerk Classification. Motion passed unanimously by roll call vote.
6.2 Consideration and Adoption of a City Council Resolution Approving the Community Development Block Grant (CDBG) Coronavirus Aid Small Business Loan Amended Program Guidelines (Hamilton)
Rachelle Webb Spoke and asked clarifying questions
Motion by Mayor Pro Tem Smith, Second by Council Member Ahmed to Approve City Council Resolution (#54-23) Approving the Community Development Block Grant (CDBG) Coronavirus Aid Small Business Loan Amended Program Guidelines. Motion passed unanimously by roll call vote.
6.3 Consideration and Authorization of the Fireworks Booth Sales Permit Drawing for the Years 2024 and 2025 (Gaumnitz)
Deputy City Clerk Weaver drew the names in the following order:
1) - VFW*
2) - Chowchilla Lioness Lions Club
3) - Fuller School
4) - Chowchilla Family Worship Center
5) - Chowchilla Police Officer Association (CPOA) - Alternate It was the consensus of Council to have Fire Chief Gaumnitz bring back information regarding this year’s fireworks sales totals and if an update to the City’s resolution adding an additional sales permit is warranted.
6.4 Consideration and Adoption of a City Council Resolution Declaring an Emergency Condition Necessitating Approving a Specialized Utility Services Program Agreement with California Rural Water Association to Safeguard Life and Property and Continue Essential Services of the City of Chowchilla (Rogers)
City Council Meeting MINUTES July 11, 2023
Motion by Mayor Pro Tem Smith, Second by Council Member Troost to Approve City Council Resolution (#55-23) Declaring an Emergency Condition Necessitating Approving a Specialized Utility Service Program Agreement with California Rural Water Association (CRWA) to Safeguard Life and Property and Continue Essential Services of the City of Chowchilla. Motion passed unanimously by roll call vote
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, FRIDAYS @ 5:30PM JULY 14 MUSIC IN THE PARK, ‘THE YARD DOGS’, VETERANS MEMORIAL PARK, 8PM JULY 15 MOVIES IN THE PARK, ‘DC LEAGUE OF SUPER PETS’, VETERANS MEMORIAL PARK, SUNSET
JULY 19 PLANNING COMMISSION MEETING, CITY HALL, 5PM
JULY 21 MUSIC IN THE PARK, ‘JADED’, VETERANS MEMORIAL PARK, 8PM JULY 15 MOVIES IN THE PARK, ‘SONIC THE HEDGEHOG 2’, VETERANS MEMORIAL PARK, SUNSET JULY 25 CITY COUNCIL MEETING, CITY HALL, 4PM
ADJOURNMENT
Mayor Ray Barragan adjourned the July 11, 2023 City Council Meeting at 5:07 PM ATTEST: APPROVED:
________________________________
Joann McClendon, CMC, City Clerk Mayor Ray Barragan
REPORT TO THE CITY COUNCIL
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: June 2023 Budget vs Actual and Balance Sheet
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the June 2023 Financial Statements shown in the attachment.
BACKGROUND:
Staff provides Council with monthly financial information as an ongoing financial status update.
REASON FOR RECOMMENDATION:
The monthly financial statements consist of a Budget vs Actual and a Balance Sheet for the General Fund.
The Budget vs Actual shows the current Month (Period Activity) and current Year (Fiscal Activity) Revenues and Expenses by Department in summary form compared to the current year Original and Current budgets. The Balance Sheet shows the Assets, Liabilities and Fund Balance at the time the report is generated. This provides an overview of cash, amounts owed to the City, amounts the City owes and the fund balance at a specific point in time.
The financial statements are being presented as an overview of the City’s finances and are not meant to be a comprehensive in-depth review. As a reference to compare to the percent remaining column in the report, the percentage of the year remaining 0%.
If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.
If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them.
FISCAL IMPACT: Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May, we have received both distributions. We are teetered which means we do not have to worry about delinquencies, because the County pays us and goes after the delinquencies themselves. Sales tax payments usually run a couple months behind and we have not received May or June’s payment. Sales tax is our 2nd largest revenue.
As of right now, we are $283k short of our budgeted amount for Sales Tax. With that being said, we should surpass the budgeted amount once we receive May and June’s payment. The reason we are showing about $2M short, is that $1.52M is in Overhead Allocations that will be transferred at year end and we haven’t received all of 2nd quarter TOT.
Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO services, SIU from the County and from grants that are billed periodically. The $967k Transfer-in from Measure N for the RIMS Software, Piping Project and recruitment and retention of employees has not been transferred yet, this will be done at the end of the fiscal year. Also, the Madnet program is reimbursed through the County and as of right now we do not have any officers in this program.
Fire Services- This revenue is from transfers-in from Measure N and Fire Impact Fees for the fire station expansion project Phase 1.
Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for some growth which includes projects like Oleander, Rancho Calera, Montgomery Farms and miscellaneous lots within Greenhills. So far, we have Century Communities building their part of the Montgomery Farms lots. Oleander Terrace has pulled all of their permits, but other projects have not pulled their permits yet. We still have other miscellaneous permits for other items that are happening as well.
There is also $185k of grant revenues that we have not received as of now.
Parks and Recreation- $200k of this is from a grant that we have not spent yet so we have not requested reimbursements. The rest is overhead allocations from the LLMD that happen at the end of the year.
Community Relations- Revenues are from sports program reimbursements, park pavilion rentals and donations.
Expenses
All departments expenses are within the normal range or better right now.
ALTERNATIVES:
Pull the item for further discussion.
ACTIONS FOLLOWING APPROVAL:
None.
7/20/2023 12:18:51 PM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2022-2023 Period Ending: 06/30/2023
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Account Typ…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 8,680,958.00 9,164,866.00 211,936.60 7,112,255.91 -2,052,610.09 22.40% Expense 316,453.00 389,406.00 4.47 132,332.20 257,073.80 66.02% Dept: 1600 - General Administration Surplus (Deficit): 8,364,505.00 8,775,460.00 211,932.13 6,979,923.71 -1,795,536.29 20.46% Dept: 1605 - City Council
Expense 74,990.00 86,526.00 4,495.97 69,102.52 17,423.48 20.14% Dept: 1605 - City Council Total: 74,990.00 86,526.00 4,495.97 69,102.52 17,423.48 20.14% Dept: 1610 - City Clerk
Expense 290,284.00 300,908.00 31,960.12 282,521.88 18,386.12 6.11% Dept: 1610 - City Clerk Total: 290,284.00 300,908.00 31,960.12 282,521.88 18,386.12 6.11% Dept: 1615 - City Attorney
Expense 190,000.00 190,000.00 8,756.84 154,916.32 35,083.68 18.47% Dept: 1615 - City Attorney Total: 190,000.00 190,000.00 8,756.84 154,916.32 35,083.68 18.47% Dept: 1705 - General Services
Revenue 0.00 15,834.00 0.00 0.00 -15,834.00 100.00%
Expense 1,580,405.00 1,633,321.00 331,496.12 1,167,810.66 465,510.34 28.50% Dept: 1705 - General Services Surplus (Deficit): -1,580,405.00 -1,617,487.00 -331,496.12 -1,167,810.66 449,676.34 27.80% Dept: 1710 - City Administration
Expense 402,438.00 417,925.00 39,410.17 305,626.62 112,298.38 26.87% Dept: 1710 - City Administration Total: 402,438.00 417,925.00 39,410.17 305,626.62 112,298.38 26.87% Dept: 1712 - City Property - Rents
Revenue 161,945.00 161,945.00 300.00 141,824.68 -20,120.32 12.42% Expense 53,690.00 55,242.00 907.42 41,413.42 13,828.58 25.03% Dept: 1712 - City Property - Rents Surplus (Deficit): 108,255.00 106,703.00 -607.42 100,411.26 -6,291.74 5.90% Dept: 1720 - Finance Department
Revenue 0.00 3,376.00 560.00 2,403.75 -972.25 28.80%
Expense 829,616.00 810,417.00 71,085.50 653,414.16 157,002.84 19.37% Dept: 1720 - Finance Department Surplus (Deficit): -829,616.00 -807,041.00 -70,525.50 -651,010.41 156,030.59 19.33% Dept: 2610 - Police Department
Revenue 731,420.00 1,416,829.00 -76,503.55 378,171.60 -1,038,657.40 73.31% Expense 4,524,606.00 5,475,128.00 596,485.41 4,399,023.17 1,076,104.83 19.65% Dept: 2610 - Police Department Surplus (Deficit): -3,793,186.00 -4,058,299.00 -672,988.96 -4,020,851.57 37,447.43 0.92% Dept: 2615 - Police - Mad Net
Revenue 192,000.00 0.00 0.00 0.00 0.00 0.00%
Expense 227,266.00 0.00 0.00 0.00 0.00 0.00%
Dept: 2615 - Police - Mad Net Surplus (Deficit): -35,266.00 0.00 0.00 0.00 0.00 0.00% Dept: 2705 - Fire Department
Revenue 1,812,500.00 1,911,666.00 -25.00 1,150.60 -1,910,515.40 99.94% Expense 2,158,480.00 2,331,218.00 36,707.19 1,354,584.35 976,633.65 41.89% Dept: 2705 - Fire Department Surplus (Deficit): -345,980.00 -419,552.00 -36,732.19 -1,353,433.75 -933,881.75 -222.59% Dept: 4705 - Community & Economic Development
Revenue 875,750.00 1,059,766.00 67,252.34 615,091.01 -444,674.99 41.96% Expense 1,096,369.00 1,169,719.00 82,820.99 701,549.98 468,169.02 40.02% Dept: 4705 - Community & Economic Development Surplus (Deficit): -220,619.00 -109,953.00 -15,568.65 -86,458.97 23,494.03 21.37% Dept: 6610 - Community Pool (OLD)
Revenue 1,200.00 1,033.00 623.00 1,656.01 623.01 60.31% Expense 23,177.00 25,456.00 4,940.11 15,880.87 9,575.13 37.61% Dept: 6610 - Community Pool (OLD) Surplus (Deficit): -21,977.00 -24,423.00 -4,317.11 -14,224.86 10,198.14 41.76% Budget Report For Fiscal: 2022-2023 Period Ending: 06/30/2023 7/20/2023 12:18:51 PM Page 2 of 3
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Account Typ…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 6615 - Senior Services
Expense 39,000.00 43,100.00 15,522.57 40,002.24 3,097.76 7.19% Dept: 6615 - Senior Services Total: 39,000.00 43,100.00 15,522.57 40,002.24 3,097.76 7.19% Dept: 6620 - Parks & Facilities
Revenue 259,597.00 259,745.00 0.00 148.00 -259,597.00 99.94% Expense 701,109.00 736,081.00 47,699.38 333,465.88 402,615.12 54.70% Dept: 6620 - Parks & Facilities Surplus (Deficit): -441,512.00 -476,336.00 -47,699.38 -333,317.88 143,018.12 30.02% Dept: 6625 - Community Relations
Revenue 21,200.00 56,228.00 2,540.00 49,123.34 -7,104.66 12.64% Expense 255,438.00 346,474.00 26,334.47 263,716.95 82,757.05 23.89% Dept: 6625 - Community Relations Surplus (Deficit): -234,238.00 -290,246.00 -23,794.47 -214,593.61 75,652.39 26.06% Report Surplus (Deficit): -26,751.00 40,367.00 -1,091,943.34 -1,613,536.32 -1,653,903.32 4,097.17% Budget Report For Fiscal: 2022-2023 Period Ending: 06/30/2023 7/20/2023 12:18:51 PM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
100 - General Fund -26,751.00 40,367.00 -1,091,943.34 -1,613,536.32 -1,653,903.32 Report Surplus (Deficit): -26,751.00 40,367.00 -1,091,943.34 -1,613,536.32 -1,653,903.32 7/20/2023 12:15:08 PM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 06/30/2023
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 174.05
100-0100-0206 Cash Drawer 1,700.00
100-0100-0219 Lease Receivable 173,435.38
100-0100-0220 Accounts Receivable-Clients 33,865.16
100-0100-0221 A/R - Non Governmental -854.71
100-0100-0222 A/R - Intergovernmental 11,024.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 190,934.13
100-0100-0225 Accounts Receivable-RDA -24.89
100-0100-0226 Advance to Other Funds 477,909.90
100-0100-0227 Liens Receivables General Fund 160,333.29 100-0100-0228 Pending Charges or Refunds 36.44
100-0100-0229 A/R Business License -1,236.94
100-0100-0230 Accounts Receivable-Utilities 30.00
100-0100-0291 Prepaid Expenses 9,638.01
100-0100-1900 Claim On Cash 6,285,181.98
Total Assets: 7,342,646.32 7,342,646.32
Liability
100-0200-0418 Deposits on Hold-PR Signs 2.00
100-0200-0422 Bonds for Work-Refundable 12,000.00
100-0200-0428 Prepaid Deposits 138,000.00
100-0200-0480 Deferred Revenue 169,467.02
100-0200-0482 Unavailable Lease Revenue 100,549.08
100-0200-0499 Payroll Correction -0.93
100-0200-2901 Accounts Payable Pending 215,863.28
Total Liability: 635,880.45
Equity
100-0300-0601 Fund Balance 6,831,853.53
100-0300-0602 Designated Restricted Donation 1,434.55
100-0300-0604 Reserve for Contingencies 910,223.00
100-0300-0605 Designated for Prepaid Items 239.50
100-0300-0608 Prior Period Adjustments 82,903.49
100-0300-0611 Reserve for L/T A/R 486,672.93
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 8,320,302.19
Total Revenue 8,301,824.90
Total Expense 9,915,361.22
Revenues Over/Under Expenses -1,613,536.32
Total Liabilities, Equity and Current Surplus (Deficit): 7,342,646.32 Total Equity and Current Surplus (Deficit): 6,706,765.87
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: Consent
SUBJECT: Resolution Accepting the Improvements and Authorizing Filing of the Notice of Completion for the Humboldt Avenue Street Improvements Project PREPARED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving change orders, accepting the improvements and authorizing filing of the Notice of Completion for the Humboldt Avenue Street Improvements Project.
BACKGROUND:
The Humboldt Avenue Street Improvements Project was included in the City’s 5-Year Capital Improvement Program as Project No. SD-1. The Project consisted of the reconstruction of the existing pavement section on Humboldt Avenue from 3rd Street to 15th Street, including replacement or construction of concrete curb and gutter, sidewalks, cross gutters, curb ramps, and driveways at various locations where the improvements do not exist or are damaged or deficient. In addition, the Project installed storm drainage facilities (i.e. pipes, manholes, inlets, etc.) to serve the southeastern portion of the City’s historic core. The storm drainage facilities were installed in sections of Humboldt, 12th, 10th, 5th, and 3rd Streets. The storm drainage facilities installed are considered Phase I of the City’s overall plan to improve drainage within the City’s historic core.
The City began advertising the Project for bids on March 23, 2022. The Notice Inviting Bids was published in the Madera Tribune, posted on UrbanLeap, and submitted to the appropriate construction trade journals and builder’s exchanges. On April 26, 2022, the City awarded the project to Dave Christian Const. Co., Inc.
REASON FOR RECOMMENDATION:
The Contractor, Dave Christian Const. Co., Inc., has completed the work required for the Project. The City’s Public Works Inspector has inspected the improvements required by the Project and all of the improvements have been completed. The City must accept the improvements and file the Notice of Completion in order to closeout the Project.
FISCAL IMPACT:
The approved construction contract was in the amount of $2,869,900, and a 10% ($286,990) construction contingency was approved by City Council, for a total construction budget of $3,156,890. The final construction cost for the Project was $3,044,715. A summary of the construction costs follows.
WORK DESCRIPTION CONTRACT AMOUNT
Original Bid Contract Amount of Funding>>>>> $ 2,869,900.00 Contingency Amount of Funding>>>>> $ 286,990.00
Total Funding Amount>>>>> $ 3,156,890.00
• Final Construction Cost with Change Orders $ 2,869,900.00 • CCO 01 - Add Storm Drain Improvements at Humboldt &
5th
$ 30,581.38
• CCO 02 - Measure T Signage $ 1,870.00
• CCO 03 - T&M Subgrade Over Excavation $ 50,561.42
• CCO 04 - BOQ and Striping & RRFB $ (92,544.80)
• CCO 05 - Waterline Repair $ 1,503.59
• CCO 06 - Concrete Improvements 3rd, 10th,12th, 15th,
Trinity $ 152,064.00
• CCO 07 - T&M Remove and Replace Saturated Material $ 2,106.55 • CCO 08 - T&M and Street Name Sign Replacement $ 1,485.91 • CCO 09 - Balance of Quantity $ 27,186.45
Total Construction Amount >>>>> $ 3,044,715.00
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
1. Filing of Notice of Completion with Madera County Recorder.
2. Release of 5% retention to Dave Christian Const. Co in the amount of $152,235.76.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION
FOR THE HUMBOLDT AVENUE STREET IMPROVEMENTS PROJECT
WHEREAS, Dave Christian Construction Co., Inc., has completed the work for the Humboldt Avenue Street Improvements Project; and
WHEREAS, the City’s Public Works Inspector has inspected the improvements required by the City and all improvements required by the City have been completed; and WHEREAS, the City Engineer recommends acceptance of the Humboldt Avenue Street Improvements Project and requests City Council to authorize the City Engineer to record the Notice of Completion for the Project.
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 accepts the Humboldt Avenue Street Improvements Project.
3. The Finance Department is authorized to release retention to Dave Christian Construction Co., Inc.
4. The Director of Public Works is authorized to record the Notice of Completion.
5. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of July, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 3.4
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TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration and Adoption of an Ordinance Adding Section 4.04.105 and Amending Sections 4.04.070 and 4.04.10 of Chapter 4.04 of the City of Chowchilla Municipal Code Relating to Public Purchasing and Procurement PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Ordinance
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopts the proposed amendments.
BACKGROUND:
At the June 13, 2023 Council Meeting, the Council approved a resolution updating 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. It was updated 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.
REASON FOR RECOMMENDATION:
After reviewing the agenda item that was on the June 13, 2023 agenda, it was discovered that the approval was only for updating the policy and didn’t include updating the Ordinance. It is necessary to update both the policy and the Ordinance so we are bringing the item back to update the Ordinance.
A public hearing was held on July 11, 2023 to introduce this item.
FISCAL IMPACT:
There is no fiscal impact to update the Ordinance.
ALTERNATIVES:
Do not update the Ordinance and remain status quo.
ACTIONS FOLLOWING APPROVAL:
Publish the updates in the kiosk and with Civic Plus (to update the municipal code). 1 ORDINANCE NO. 514-23
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 11th day of July, 2023.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of July, 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: July 25, 2023
AGENDA SECTION: Consent
SUBJECT: A City Council Resolution Approving Applications for Transportation Development At (TDA) Funds for Fiscal Year 2023/2024 and Authorizing the City Administrator or Designee to execute and Submit Applications to the Madera County Transportation Commission
PREPARED BY: Robin Roman, Transit Supervisor
APPROVED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, TDA Allocation Applications
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends that Council approve the resolution (a) approving applications for FY 2023/2024 TDA Local Transportation (LTF) and State Transit Assistance (STA) funds; and (b) authorizing the City Administrator or Designee to execute the applications for submittal to the Madera County Transportation Commission (MCTC) for adoption.
BACKGROUND:
The State Controller annually approves LTF and STA apportionments by the county pursuant to the Transportation Development Act (TDA). MCTC allocates these funds to local agencies based on each jurisdiction’s percentage share of the total County population. Annually, local agencies are required to submit applications for approval to MCTC. The applications may be amended, as needed.
REASON FOR RECOMMENDATION:
LTF funds are programmed for public transit services; pedestrian and bicycle facilities and street and road maintenance and construction projects. Transit must be fully funded consistent with the MCTC annual Unmet Transit Needs findings, as transit has priority use of these funds. A mandatory 2% is allocated for pedestrian and bicycle facilities and 3% for transportation planning. The remaining balance may be expended on street maintenance and construction projects. STA funds may be used only for public transit purposes, including operating and capital projects.
MCTC requires Council approval prior to the submittal of LTF and STA applications. The FY 2023/2024 LTF and STA applications have been prepared, as attached, reflecting the proposed use of these funds.
The City’s total FY 2023/2024 allocation is $646,860 for LTF and $163,990 for STA. The LTF and STA applications specify the proposed expenditures of these funds.
FISCAL IMPACT:
No impact on General Fund. This action will increase the amount of revenues to cover Transit-related services and capital projects for the current fiscal year.
ALTERNATIVES:
None.
ACTIONS FOLLOWING APPROVAL:
Upon signatures, City Clerk to return the documents to Robin Roman, Transit Supervisor.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING APPLICATIONS FOR TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 2023/2024,
AND AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO EXECUTE AND
SUBMIT APPLICATIONS TO THE MADERA COUNTY TRANSPORTATION COMMISSION WHEREAS, Transportation Development Act Local Transportation Funds (LTF) and the State Transit Assistance (STA) funds are annually allocated by Madera County Transportation Commission (MCTC) pursuant to the TDA; and,
WHEREAS, the City of Chowchilla prepares the applications outlining the intended uses for the STA funds each year and the application may be amended as needed; and, WHEREAS, the LTF and STA application for FY 2023/24 that describes the intended uses of these funds have been submitted to Council for review and approval.
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 Fiscal Year 2023/2024 applications for Transportation Development Act Local Transportation Funds and State Transit Assistance Funds, as allocated to the City of Chowchilla by the Madera County Transportation Commission, are approved.
3. The City Administrator or designee is authorized to execute the applications and submit them to the Madera County Transportations Commission for adoption.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of July, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
Line
1 Project Year (FY)
2 Claimant
3 Address
4 Contact Person Title
5 Telephone Number
6 The above named claimant hereby applies for allocations of Transportation Development Act funds for FY 2023-24 for the purposes and in the amount(s) specified below:
7 $ 19,406.00
8 Pedestrian & Bikeway Facilities (PUC 99234) $ 12,937.00 9 Article 4 Transit (PUC 99260) $ 337,875.00
10 Article 4.5 Community Transit (PUC 99275)
11 Article 8a Streets & Roads (PUC 99400a) 276,642.00
12 Article 8b Rail (PUC 99400b)
13 Article 8c Transit Contracts (PUC 99400c)
14 TOTAL LTF $ 646,860.00
15 Transportation Planning
16 Mass Transportation $ 163,990.00
17 TOTAL STA $ 163,990.00
18 TOTAL TRANSPORTATION DEVELOPMENT ACT APPLICATION $ 810,850.00 (add lines 14 and 17)
19 By:
20 Title:
21 Date:
22 Signed:
Chief Financial Officer
23 Name:
24 Title:
Approved by MCTC:
FORM A
Authorized Official Date
Kerri Williams
Finance Director
Reference: CCR Section 6630
I hereby attest to the reasonableness and accuracy of the financial statements included in Documents D, E, & F. (Sec. 6632)
Joann McClendon City Clerk
559-665-8615 x 102
Purpose
Local Transportation Fund
Regional Transportation Planning (PUC 99262 & 99402)
State Transit Assistance
Claimant acknowledges that payment by the County Auditor of an allocation made by MCTC is subject to such monies being on hand and available for distribution and to the provision that such moneys be used only in accordance with the terms of the allocation instruction issued by MCTC.
City Clerk
4/5/2023
130 S Second Street
MADERA COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT APPLICATION SUMMARY - FORM A (All claimants must complete this document)
2023-24
City of Chowchilla
2023-24
Transportation Services, Section 99260 (Article 4):
1. Name of Service: $ $ 337,875.00
2. Name of Service: $
TOTAL: $ 337,875.00
Transportation Services, Section 99400 (b,c,d) (Article 8):
$
$
$
$
TOTAL: $ -
Pedestrian and Bicycle Facilities, Section 99234 (Article 3):
1. $ 12,937.00
2. $
3. $
TOTAL: $ 12,937.00
Pedestrian/Bicycle Facilities
02-23 -LTF Application
4. Name of Service, Contractor:
Project Name, if applicable
2. Name of Service, Contractor:
3. Name of Service, Contractor:
CATX
1. Name of Service, Contractor:
Projects. All projects submitted must be included in the Regional Transportation Plan. MCTC is required to make a finding that "No unmet public transportation needs exist" in the county before this application can be approved.
FUNDING REQUEST:
Transportation Planning Services, Pedestrian and Bicycle Facility Construction, and Street and Road
MADERA COUNTY TRANSPORTATION COMMISSION
Application for Transportation Development Act Funds - Form A.1 Local Transportation Fund (LTF)
Fiscal Year
Applicant Agency and Project Manager:
Joann McClendon
This form is to be used when making an application to use LTF funds for Public Transportation Services,
$ 19,406.00
$
$
TOTAL: $ 19,406.00
$ 276,642.00
GRAND TOTAL: $ 646,860.00
Date
Note:
TDA funds may be used to cover actual expenses during the fiscal year of the application only. Should carryover funds occur, MCTC should be notified 02/23 -LTF Application
Approved by MCTC:
Authorized Official
Date
Submitted By:
Signature of Local Official, Title
Street and Road Projects, Section 99402 (Article 8):
Article 8 Funds Requested for Street & Road Projects
Additional planning project or contracted transportation planning work MCTC TDA (LTF) Application Form
Transportation Planning Services, Section 99402 (Article 8):
MCTC regional transportation planning activities on behalf of member agencies Local Agency transportation planning activities (or Contracted Services) 2023-24
$ 163,990.00
$
$
$
$
TOTAL: $ 163,990.00
MCTC transit planning activities on behalf of member agencies. $ Local Agency transportation planning activities (or Contract Services) $ Additional planning project or contracted transportation planning work $ TOTAL: $ -
SUMMARY of PROPOSED EXPENDITURES
Transportation Services $ 163,990.00
Transportation Planning Services $ -
GRAND TOTAL: $ 163,990.00
Date
Note:
02-23 -STA Application
5. Name of Service, Contractor:
Transportation Planning Services:
Submitted By:
Signature of Local Official, Title
Approved by MCTC:
Authorized Official
TDA funds may be used to cover actual expenses during the fiscal year of the application only. Should carryover funds occur, MCTC should be notified
2. Name of Service, Contractor:
3. Name of Service, Contractor:
4. Name of Service, Contractor:
This form is to be used when making an application to use STA funds for Transportation Services and Transportation Planning. All projects submitted must be included in the Regional Transportation Plan.
FUNDING REQUEST:
Transportation Services:
1. Name of Service, Contractor: CATX
Joann McClendon
MADERA COUNTY TRANSPORTATION COMMISSION
Application for Transportation Development Act Funds - Form A.2 State Transit Assistance (STA)
Fiscal Year
Applicant Agency and Project Manager:
FORM A.2
REPORT TO THE CITY COUNCIL
Item 3.6
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Adopting the Updated Title VI Program for the Chowchilla Area Transit Express (CATX)
PREPARED BY: Robin Roman, Transit Supervisor
APPROVED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, Draft Title VI Program
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approves a resolution to adopt the updated Title VI Program for CATX.
BACKGROUND:
Staff has prepared its Title VI Program in compliance with the United States Department of Transportation Title VI regulations (Code 49, Part 21 of the Code of Federal Regulations (CFR)). Caltrans and the Federal Transit Administration (FTA) require recipients of Federal and State funding to prepare and submit an updated Title VI Program every three years.
REASON FOR RECOMMENDATION:
Title VI is a federal statute and provides that “no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”. From time to time, the FTA updates this document, thereby requiring agencies that apply for federal funding to adopt their updates. Pursuant to FTA Circular 4702.1B – Title VI Guidelines, at a minimum, the document must address the following:
• Notify Beneficiaries of Protection under Title VI
• Develop Title VI Complain Procedures and Complaint Form • Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits • Promote Inclusive Public Participation
• Provide Meaningful Access to LEP Persons
• Minority Representation on Planning and Advisory Bodies • Provide Additional Information upon Request
The City will be required to ensure that its CATX transit services are responsive to and comply with Title VI regulations.
FISCAL IMPACT:
The adoption of this resolution will not impact the General Fund.
ALTERNATIVES:
Not approve the resolution and accompanying Title VI Program and be out of compliance, risking federal funding.
ACTIONS FOLLOWING APPROVAL:
Submit a copy of the resolution and Title VI Program to federal and state agencies, as required.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA,
ADOPTING THE UPDATED CITY OF CHOWCHILLA TITLE VI PROGRAM FOR THE CHOWCHILLA
AREA TRANSIT EXPRESS (CATX)
WHEREAS, the City of Chowchilla, as operator of the Chowchilla Area Transit Express (CATX), is a recipient of federal funds and is required to meet federal regulatory requirements for Title VI of the Civil Rights Program, 49 CFR part 21.7 and regulations including Title VI, Civil Rights Program and FTA Circular 4702.1B; and,
WHEREAS, the City of Chowchilla assures that no persons or group of persons on the basis of race, color or national origin, including limited English proficient persons are subjected to discrimination in the level and quality of transportation services, programs and activities provided, whether federally funded or not; and,
WHEREAS, the City of Chowchilla must update its Title VI Program every three years; 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 City of Chowchilla Title VI Program.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of July 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Ray Barragan, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
City of Chowchilla Title VI Program
Page i
CITY OF CHOWCHILLA
TITLE VI PROGRAM
TABLE OF CONTENTS
Page
Introduction ................................................................................................................................. 1 City of Chowchilla Title VI Policy Statement ................................................................................. 1 City of Chowchilla Service Area Map............................................................................................ 2
Title VI Requirements ................................................................................................................. 3
1. Requirement to Notify Beneficiaries of Protection under Title VI ........................................... 3 Title VI Notice to the Public .................................................................................................... 3
2. Requirement to Post Notice of Title VI..................................................................................... 6 City of Chowchilla Locations Where Title VI Notice is Posted ............................................... 7
3. Requirement to Develop Title VI Complaint Procedures and Complaint Form ...................................................................................................................... 7 City of Chowchilla Title VI Complaint Procedures .................................................................. 7
4. Requirement to Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits........................................................................................................................... 17
5. Promoting Inclusive Public Participation and Language Assistance Plan......................................................................................................................................... 17 Public Outreach Activities ................................................................................................ 18 Public Meetings................................................................................................................ 18 General Awareness Surveys ........................................................................................... 19 Bilingual Outreach............................................................................................................ 19 Telephone Access............................................................................................................ 19 City of Chowchilla Title VI Program
Page ii
Participation in Community Activities ............................................................................... 20 Summary of Outreach Efforts .......................................................................................... 20
6. Requirement to Provide Meaningful Access to LEP Persons.................................................. 21 Limited English Proficiency (LEP) Plan ............................................................................. 21 Introduction........................................................................................................................ 21 Background ...................................................................................................................... 23 Meaningful Access: Four-Factor Analysis....................................................................... 25 Identification of LEP Population....................................................................................... 25 Language Assistance Measures...................................................................................... 25 Outreach Techniques....................................................................................................... 26 Assurances ...................................................................................................................... 27 Monitoring and Updating the LEP Plan............................................................................ 28 Documentation of LEP Personal Contacts....................................................................... 28 Availability of Title VI Plans and Procedures ................................................................... 28
7. Minority Representation on Planning and Advisory Bodies ................................................... 29
8. Requirement to Develop System-Wide Standards and Policies ............................................ 29
EXHIBITS
EXHIBIT A: Notice to the Public – English................................................................................... 5 EXHIBIT B: Notice to the Public – Spanish.................................................................................. 6 EXHIBIT C: City of Chowchilla Title VI Complaint Form - English............................................... 11 EXHIBIT D: City of Chowchilla Title VI Complaint Form – Spanish............................................. 14 EXHIBIT E: City of Chowchilla Public Participation Plan ............................................................. 18 EXHIBIT F: Limited English Proficiency (LEP) Plan ................................................................... 21 City of Chowchilla Title VI Program
Page iii
City of Chowchilla Title VI Program
CITY OF CHOWCHILLA
TITLE VI PROGRAM
Reference: FTA Circular 4702.1B Title VI Requirements and Guidelines for Federal Transit Administration (FTA) Recipients (October 1, 2012).
INTRODUCTION
The purpose of this Title VI Program is to establish guidelines to effectively monitor and ensure that the City of Chowchilla transit services are in compliance with FTA Title VI requirements.
Title VI states that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The FTA is required to ensure that federallysupported transit services and related benefits are provided consistent with Title VI. The Title VI Report requires an update every three years.
The City of Chowchilla will ensure that its programs, policies, and activities comply with Department of Transportation’s (DOT) Title VI Regulations (49 CFR Part 21) and with Limited English Proficient (LEP) Persons requirements (70 FR 74087, December 14, 2005). The City is committed to creating and maintaining a public transportation system that is free of all forms of discrimination. The City will take necessary preventive corrective and disciplinary actions to stem behavior that violates this policy or the rights and privileges it is designed to protect. FTA requires recipients to documents compliance with DOT Title VI regulations by submitting a Title VI Program once every three years.
City of Chowchilla Title VI Policy Statement
The City of Chowchilla is committed to ensuring that
no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended.
City of Chowchilla Title VI Program
CITY OF CHOWCHILLA
SERVICE AREA MAP
City of Chowchilla Title VI Program
The City’s objectives are to:
Ensure that the level and quality of transportation service is provided without regard to race, color or national origin.
Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations.
Promote the full and fair participation of all affected populations in transportation decision making.
Prevent the denial, reduction or delay in benefits related to programs and activities that benefit minority populations or low-income populations. Ensure meaningful access to programs and activities by persons with limited English proficiency (LEP).
TITLE VI REQUIREMENTS
1. Requirement to Notify Beneficiaries of Protection under Title VI. In order to comply with 49 CFR, Section 21.9(d), the City shall provide information to the public regarding the City’s obligations under DOT’s Title VI regulations and apprise members of the public of the protections against discrimination afforded to them by Title VI.
Title VI Notice to the Public
The City of Chowchilla informs members of the public of its Title VI protection rights by posting of a Title VI Notice to the Public and providing bilingual complaint procedures, as shown in Exhibits A, B and C. The Title VI Notice to the Public is posted at several locations, including the City’s Downtown Civic Center Transit Administrative Office, at bus stops and bus shelters, on Chowchilla Area Transit Express/CATX buses, and on the City’s website, www.cityofchowchilla.org.
City of Chowchilla Title VI Program
City of Chowchilla Title VI Program
EXHIBIT A
NOTICE TO THE PUBLIC – ENGLISH
CITY OF CHOWCHILLA
Transit Services
Title VI Notice & Complaint Process
The City of Chowchilla is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964. Any person who believes that he or she has been subjected to discrimination under Title VI on the basis of race, color or national origin may file a Title VI complaint with the City.
Complaints may be filed with the City in writing and may be addressed to:
City Clerk
Title VI Compliance Coordinator
City of Chowchilla
130 S. Second Street
Chowchilla, CA 93610
A copy of the Title VI Complaint Form (in English or Spanish) and additional information may be obtained from the City’s website at “www.cityofchowchilla.org” (under “Transportation”) or by calling (559) 665-8615.
The City will provide appropriate assistance to complainants who are limited in their ability to communicate in English.
City of Chowchilla Title VI Program
EXHIBIT B
NOTICE TO THE PUBLIC - SPANISH
LA CIUDAD DE CHOWCHILLA
Servicios de Transito
Título VI Noticia y Proceso de Quejas
La Ciudad de Chowchilla, se compromete a garantizar que ninguna persona sea excluida de participar o denegar los beneficios de servicios basado por raza, color, linaje u origen nacional, según lo dispuesto en el Título VI de la Ley de Derechos Civiles de 1964. Cualquier persona que cree que él o ella ha sido objeto de discriminación en virtud del Título VI basado por raza, color u origen nacional puede presentar una queja del Título VI con la Ciudad.
Las quejas pueden presentarse ante la Ciudad por escrito y pueden dirigirse a:
City Clerk
Coordinadora de Conformidad Titulo VI
Ciudad de Chowchilla
130 S. Second St.
Chowchilla, CA 93610
Una copia del Título VI Formulario de Queja (en inglés o español) y la información adicional se puede obtener desde el sitio web de la Ciudad en “www.cityofchowchilla.org” (en “Transportación”) o llamando al 559-665-8615. La Ciudad proveerá asistencia apropiada para los denunciantes que sean limitados en su capacidad de comunicarse en inglés.
City of Chowchilla Title VI Program
2. Requirement to Post Notice of Title VI. The City is required to post a public notice of the protections against discrimination afforded by Title VI.
City of Chowchilla Locations Where Title VI Notice is Posted The following is a list of locations where transit-related bilingual Title VI Public Notices are posted:
CATX buses
CATX bus stops/bus shelters
City of Chowchilla website: www.cityofchowchilla.org
Chowchilla Downtown Civic Center Transit Administrative Office (130 S. Second Street)
3. Requirement to Develop Title VI Complaint Procedures and Complaint Form. The City is required to develop procedures for investigating and tracking Title VI complaints filed against the City and to make these procedures for filing a complaint available to the general public.
City of Chowchilla Title VI Complaint Procedures
Submission of Complaint: If a customer believes he/she has received discriminatory treatment by City of Chowchilla’s transit system on the basis of race, color or national origin, the customer will have the right to file a complaint with the Transit Title VI Compliance Coordinator.
The complaint shall be in writing and signed by the complainant(s). Written complaints shall include:
Date of the alleged discrimination.
Date when the complainant(s) became aware of the alleged act of discrimination; or Date that conduct was discontinued or the latest instance of conduct. Detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint.
City of Chowchilla Title VI Program
The complaint can be mailed to:
City of Chowchilla – City Clerk
Title VI Compliance Coordinator
130 S. Second St.
Chowchilla, CA 93610
The complaint can be phoned to:
559-665-8615
The complaint may be made in person at:
City of Chowchilla
130 S. Second St.
Chowchilla, CA 93610
Ciudad de Chowchilla, Título VI, Procedimientos de Queja.
Presentación de la queja: si un cliente cree que ha recibido un trato discriminatorio por parte del sistema de tránsito de la ciudad de Chowchilla en base a su raza, color u origen nacional, el cliente tendrá derecho a presentar una queja ante el Coordinador de cumplimiento de tránsito Título VI.
City of Chowchilla Title VI Program
La queja será por escrito y firmada por el (los) denunciante (s). Las quejas por escrito deberán incluir:
Fecha de la supuesta discriminación.
Fecha en que el (los) autor (es) se enteraron del presunto acto de discriminación; o Fecha en que se interrumpió la conducta o la última instancia de conducta. Descripción detallada de los problemas, incluidos los nombres y los cargos de las personas que se perciben como partes en la queja.
La queja se puede enviar por correo a:
City of Chowchilla
130 S. Second St.
Chowchilla, CA 93610
Investigation of Complaints
Upon receipt of the complaint, the Compliance Coordinator will review it to determine if the City of Chowchilla has jurisdiction. As appropriate, the complaint will be investigated and a determination made.
Formal investigation will be confidential and will include, but is not limited to, details of the specific incident, frequency and dates of occurrences and names of any witnesses. The complainant will be notified in writing of the resolution.
The complainant has ten business days from the date of the letter to send requested information to the Compliance Coordinator. If the Coordinator is not contacted by the complainant or does not receive the additional information within ten (10) business days, the City of Chowchilla can administratively close the case.
City of Chowchilla Title VI Program
Upon completion of the review, the Compliance Coordinator shall make a recommendation regarding the merit of the complaint, whether remedial actions are available to provide redress, and whether improvements to the City’s Title VI process are needed.
A case can be administratively closed if the complainant no longer wishes to pursue their case. Following the investigation, the Title VI Compliance Coordinator will issue one of two letters to the complainant: (1) a closure letter, or (2) a letter of finding. A closure letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. A letter of finding summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member or other action will occur. • Appeals Process
If the complainant is not satisfied with the resolution, he or she may appeal it to:
City of Chowchilla – City Clerk
Title VI Compliance Coordinator
130 S. Second St.
Chowchilla, CA 93610
Phone: 559-665-8615
Fax: 559-665-7418
• Submission of Complaint to the Department of Transportation The complainant may also file a complaint directly to:
FTA Office of Civil Rights
Title VI Program Coordinator
East Building, 5th Floor – TCR, 1200
New Jersey Avenue, S.E.
City of Chowchilla Title VI Program
Washington, D.C. 20590.
In accordance with FTA Circular 4702.1B, Chapter 9, Complaints, such a complaint must be filed within 180 calendar days after the date of the alleged discrimination.
EXHIBIT C
CITY OF CHOWCHILLA TRANSIT SERVICES
TITLE VI COMPLAINT FORM
Section I: (Please write legibly)
1. Name:
2. Address:
3. Telephone: 3.a. Secondary Phone (Optional):
4. Email Address:
5. Accessible Format Requirements?
[ ] Large Print [ ] Audio Tape [ ] TDD [ ] Other
Section II:
6. Are you filing this complaint on your own behalf? Yes* No *If you answered “yes” to #6, go to Section III.
7. If you answered “no” to #6, what is the name of the person for whom you are filing this complaint?
Name:
8. What is your relationship with this individual:
City of Chowchilla Title VI Program
9. Please explain why you have filed for a third party:
10. Please confirm that you have obtained permission of the aggrieved party to file on their behalf. Yes No
Section III:
11. I believe the discrimination I experienced was based on (check all that apply):
[ ] Race [ ] Color [ ] National Origin
12. Date of alleged discrimination: (mm/dd/yyyy)
13. Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known), as well as names and contact information of any witnesses. If more space is needed, please use the back of this form.
Section IV:
14. Have you previously filed a Title VI complaint with the City of Chowchilla? Yes No
Section V:
15. Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court?
Yes No
If yes, check all that apply:
[ ] Federal Agency __________________ [ ] State Agency ____________________ [ ] Federal Court ____________________ [ ] Local Agency ___________________ City of Chowchilla Title VI Program
[ ] State Court ______________________
16. If you answered “yes” to #15, provide information about a contact person at the agency/court where the complaint was filed.
Name:
Title:
Agency:
Address:
Telephone: Email:
Section VI:
Name of Transit Agency complaint is against:
Contact Person:
Telephone:
You may attach any written materials or other information that you think is relevant to your complaint.
Signature and date are required below to complete form:
Signature ___________________________________ Date___________________ Please submit this form in person or mail this form to the address below:
City of Chowchilla – City Clerk
City of Chowchilla Title VI Program
Title VI Compliance Coordinator
130 S. Second Street
Chowchilla, CA 93610
EXHIBIT D
LA CIUDAD DE CHOWCHILLA SERVICIOS DE TRANSITO
TITULO VI FORMULARIO DE QUEJA
Sección I: (Favor de escribir en forma legible)
1. Nombre:
2. Dirección:
3. Teléfono: 3.a. Teléfono Secundario (Opcional):
4. Correo Electrónico:
5. Requisitos en formato accesible?
[ ] Letra Grande [ ] Cinta de Audio [ ] TDD [ ] Otra Forma Sección II:
7. Está presentando esta queja en su propio nombre? Si* ________ No________ *Si contesto “si” al # 6, baje a la Sección III.
8. Si contesto “no” al #6, cual es el nombre de la persona por cual usted esta representando la queja? Nombre:
City of Chowchilla Title VI Program
9. Cual es la relación con este individuo:
Favor de explicar porque usted esta representando a una tercera persona:
10. Favor de confirmar que usted obtuvo permiso de someter una queja con la persona afectada.
Si ______ No _______
Sección III:
11. Yo creo que la discriminación por la que pase fue basada por (Marque la que pertenezca):
[ ] Raza [ ] Color [ ] Origen Nacional
12. Fecha de la presunta discriminación: (mm/dd/aaaa)
13. Explique lo mas claro posible lo que paso y porque cree que fue discriminado. Describe todas las personas que estuvieron involucradas. Incluya el nombre y la información de contacto de la persona(s) que lo discrimino (si se conoce), así como los nombres y la información de los testigos en contacto. Si se necesita mas espacio, por favor use el reverso de este formulario.
Sección IV:
14. Ha presentado anteriormente una queja del Titulo VI con la Ciudad de Chowchilla? Si No
Sección V:
15. Ha presentado esta queja con cualquier otra agencia federal, estatal o local, o ante cualquier tribunal federal o estatal?
City of Chowchilla Title VI Program
Si No
Si contesto si, marque el que aplique:
[ ] Agencia Federal_________________ [ ] Agencia Estatal_________________ [ ] Corte Federal ____________________ [ ] Agencia Local ___________________ [ ] Corte Estatal ______________________
16. Si contesto “si” al #15, favor de proveer información de una persona cual usted tubo contacto con la agencia/corte donde se sometió la queja.
Nombre:
Titulo:
Agencia:
Dirección:
Teléfono: Email:
Sección VI:
Nombre de la Agencia de Transito cual se inicio su queja:
Persona de Contacto:
Teléfono:
Usted puede adjuntar cualquier material escrito u otra información que crees que es relevante para su queja.
Firma y fecha es requerida para someter esta forma:
City of Chowchilla Title VI Program
Firma ___________________________________ Fecha___________________ Favor de someter esta forma en persona o por correo a la siguiente dirección:
City of Chowchilla – City Clerk
Title VI Compliance Coordinator
130 S. Second St. Chowchilla, CA 93610
4. Requirement to Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits. The City is required to prepare and maintain a list of investigations, complaints, or lawsuits that pertain to allegations of discrimination on the basis of race, color, and/or national origin in transitrelated activities and programs and that pertain to the entity submitting the report, not necessarily the larger agency or department of which the entity is a part.
The City of Chowchilla has not been involved in any transit-related Title VI investigations, complaints or lawsuits. The City of Chowchilla’s Title VI Transit Compliance Coordinator will maintain a list of Title VI investigations, complaints, and lawsuits and include a summary and description of actions taken by the City, as required by the Title VI regulations The list will include the date that the investigation, lawsuit, or complaint was filed; a summary of the allegations(s); the status of the investigation; lawsuit, or complaint; and actions taken in response, or final findings related to the investigation, lawsuit, or complaint. The list will be included in the City’s Title VI submittal every three years.
5. Promoting Inclusive Public Participation and Language Assistance Plan. The City is required to develop a Public Participation Plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Program submission.
City of Chowchilla Title VI Program
EXHIBIT E
CITY OF CHOWCHILLA CATX
PUBLIC PARTICIPATION PLAN
Public Outreach Activities
The City of Chowchilla posts transit schedules and rider information on its website in English and Spanish.
The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers during operating hours to answer questions during their regular shift schedules for CATX LEP passengers.
The City reaches out to the community directly through meetings with agency and community staff and their clients, as needed. Information regarding the City’s transit services is disseminated at these meetings.
Information is also made available at various locations throughout the community and on the City’s transit’s systems.
Public Meetings
The City of Chowchilla transit staff participates in the Madera County Transportation Commission (MCTC) Social Services Transportation Advisory Council (SSTAC) quarterly meetings that are open to the general public. The SSTAC is composed of diverse public citizens of the community and is open to taking public testimony prior to initiation of each meeting.
The City also collaborates with the MCTC, the Metropolitan Planning Organization (MPO), in its annual Unmet Transit Needs process. MCTC is required by statute to conduct a formal hearing process that solicits information about transit needs. This allows MCTC to make a determination as to whether there are unmet transit needs and whether they are transit needs that can be reasonably met. The Unmet Transit Needs hearings are accessible to the general public, offer bilingual translation, and are consistent with the MCTC Public Participation Plan and process that ensures meaningful access to LEP throughout the Madera County region.
City of Chowchilla Title VI Program
This Unmet Transit Needs process involves inviting testimony through a wide array of mailing lists and agency contacts and receiving testimony either in-person at the hearing and by mail or by email where a name and local address are provided. Comments pertaining to Chowchilla’s transit services every year are reviewed and responded to appropriately in close coordination with the MCTC Social Services Transportation Advisory Council (SSTAC), a committee composed of diverse representatives from throughout the community.
Transit staff also participates in the development of the MCTC “Public Participation Plan” and “Public Transit Human Services Transportation Coordination Plan.” A series of meetings are conducted with participants from throughout the community. Recommendations to maximize community involvement are reflected in these plans and adopted by the MCTC Board.
General Awareness Surveys
The City, in cooperation with the MCTC, conducts bilingual (English and Spanish) on-board rider and general awareness surveys in conjunction with updates to the Short-Range Transit Plan. These personal one-on-one surveys allow riders to convey any concerns or comments they have regarding the City’s transit services.
Bilingual Outreach
CATX provide Spanish-speaking clients with bilingual information on public transit services. Staff assistance is utilized in outreach programs and offered for programs and public meetings.
Telephone Access
Transit staff is available to answer questions in Spanish during normal working hours, weekdays 8:00 a.m. to 5:00 p.m.
City of Chowchilla Title VI Program
Participation in Community Activities
The City coordinates with community agencies whenever feasible to promote its transit services. This includes participation in senior center and civic events where promotional materials are distributed and where staff is available to interact with residents.
Staff Training
CATX works to instill in staff an awareness of and sensitivity to the needs of LEP residents. Staff is trained on LEP guidance from U.S. Department of Transportation on procedures for accommodating LEP populations.
Summary of Outreach Efforts
Outreach locations and activities include:
Community Events – The City participates in community or civic events, as appropriate, to raise awareness of its transit services.
Senior Center – The City participates in senior center events, as appropriate, to ensure participants are aware of CATX services.
MCTC Annual Unmet Transit Needs Process – The City actively participates in the unmet transit needs public hearings conducted by the MCTC Board.
Updates to the “Public Participation Plan” and “Public Transit Human Services Transportation Coordination Plan for Madera County” – As part of the MCTC’ update process, staff actively participates in transit workshops. Members of the public as well as human and social service agency representatives are invited to attend to share transit needs and discuss projects that may address these needs.
City of Chowchilla Title VI Program
6. Requirement to Provide Meaningful Access to LEP Persons. The City must have a language assistance plan for providing language assistance to persons with limited English proficiency (LEP).
Title VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are LEP.
EXHIBIT F
CITY OF CHOWCHILLA CATX
Limited English Proficiency (LEP) Plan
Introduction
This Limited English Proficiency (LEP) Plan has been prepared to address the City’s responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The Plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, Federal Transit Administration Circular 4702.1A dated May 13, 2007, which state that no person shall be subjected to discrimination on the basis of race, color, or national origin.
Executive Order 13166, titled Improving Access to services for Persons with Limited English Proficiency, indicates that differing treatment based upon a person’s inability to speak, read, write, or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all State and local agencies which receive federal funds, including City of Chowchilla departments receiving federal grant funds.
Safe Harbor Provision
The City of Chowchilla Transit will comply with the Safe Harbor Provision which outlines circumstances that can provide a “safe harbor” for recipients regarding translation of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a recipient provides written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, then such action will be considered strong evidence of compliance with the recipient’s written translation obligations, These safe harbor provisions apply to the translation of written documents only. Translation of non-vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost.
City of Chowchilla Title VI Program
These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language services are needed and are reasonable. A recipient may determine, based on the Four Factor Analysis, that even though a language group meets the threshold specified by the Safe Harbor Provision, written translation may not be an effective means to provide language assistance measures.
For example, a recipient may determine that a large number of persons in that language group have low literacy skills in their native language and therefore require oral interpretation. In such cases, background documentation regarding the determination shall be provided to FTA in the Title VI Program." Background
The City’s Administration administers CATX services in-house employees. The Chowchilla City Council is the policymaking body for the system. The City’s transit services consist of CATX which is operated weekdays from 7:30 a.m. to 3:30 p.m. providing service throughout the City limits and adjacent unincorporated areas identified by service area zones.
The City has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access services provided by CATX. As defined by Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write, or understand English.
This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, and how to notify LEP persons that assistance is available. In order to prepare this plan, the City undertook the U.S. Department of Transportation (U.S. DOT) four-factor LEP analysis which considers the following factors:
1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City’s transit activities or services.
2. The frequency with which LEP persons come in contact with the City’s transit activities or services.
3. The nature and importance of programs, activities, or services provided by the City to the LEP population.
4. The interpretation services available to CATX riders and overall cost to provide LEP assistance.
A summary of the results of the City’s four-factor analysis is reflected in the following section.
City of Chowchilla Title VI Program
Meaningful Access: Four-Factor Analysis
1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City’s transit activities, or services.
The City’s current population is approximately 19,039. The 2020 U.S. Census reports that Chowchilla’s population is 49.4% White, 6.9% African American, 2.0% American Indian, 5% Asian, 0.1% Pacific Islander, Native Hawaiian and other Pacific Islander .1%, and 9.1% from two or more races. Hispanic or Latino of any race comprised 49.5% of the City’s population.
The City reviewed the 2021 ACS 5-Year Estimates Data Profiles. Census, American Community Survey, and determined that 15,852 persons or 91% of the 17,413 persons speak only English while an estimated 7,300 persons or 41.2% speak a language other than English. Of the total population surveyed, 27.7% are Spanish with 90.7% who speak English “very well.” An estimated 9.3% of this group indicated that they speak English “less than very well.” A small percentage or 3.5% of the population is American Indian and Alaska Native 100% of these groups indicating that they speak English very well. Other Asian groups, including Asian Indian, Chinese, Filipino,Japanese, Korean, and Vietnamese comprise approximately 5% of the City’s population with 87% indicating that they speak English very well.
2. The frequency with which LEP come in contact with Chowchilla transit services.
City staff reviewed the frequency with which transit administrative staff, dispatchers, and bus drivers could have contact with LEP persons. To date, the City has had no requests for interpreters and no requests for translated transit program documents.
Transit drivers are in regular contact with LEP persons on CATX trips, of which the majority is Spanish or Hispanic, and all transit information is available in Spanish. Transit dispatchers have Spanish proficiency or access to Spanish-speaking staff at all times.
3. The nature and importance of programs, activities, or services provided by the City’s transit services to the LEP population.
City of Chowchilla Title VI Program
Demographic and survey data show that the City’s transit riders are primarily White, with Hispanic comprising the next largest group of riders. The most recent on-board ridership survey data show that a majority or 51% of respondents were less than 29 years of age; 25% 40 to 54; 5% 55 to 64; and 24% 65 or older.
The majority or 73% of passengers surveyed indicated that they could not have made their trip by another means showing a high dependence on public transportation. This emphasizes the importance of the City’s CATX services. The City’s outreach efforts must therefore ensure that transit information and other key documents are translated and user-friendly, and that bilingual staff are readily available.
4. The resources available to CATX and overall cost to provide LEP assistance.
City staff has access to a variety of services and resources that can help in outreaching and providing LEP assistance at low or no cost. Community and regionally-based resources include:
City of Chowchilla Senior Center
Madera County Transportation Commission (MCTC) website Madera County Social Services Agencies
MCTC Social Services Transportation Advisory Council (SSTAC) MCTC Board Unmet Transit Needs Process
MCTC Public Participation Committee
Translation Services
The above resources will be used on a regular basis or as needed to assist in identifying needs of the City’s LEP population. They will also serve as a means to widely disseminate bilingual transit service information and announcements and to notify the LEP population of planned workshops and outreach efforts.
Based on the four-factor analysis, the City will develop its LEP Plan as outlined in the following section.
City of Chowchilla Title VI Program
Identification of LEP Population
The City has developed several possible ways to assist in identifying LEP populations within the City, including:
1. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings.
2. Have a staff person greet participants as they arrive to City-sponsored transit events. By informally engaging participants in conversation it is possible to gauge each attendee’s ability to speak and understand English.
3. Survey vehicle operators and other front-line staff, such as CATX dispatchers and drivers, on their experience concerning any contacts with LEP persons.
4. Network with local human services organizations to assist in identifying LEP groups and individuals most in need of LEP assistance and to further facilitate dissemination of information about the City’s transit services.
Language Assistance Measures
There are plans for a number of language assistance options available to LEP persons, including both oral and written language services. There are also various ways in which transit staff can respond to LEP persons, whether in person, by telephone, or in writing. Provide a bilingual transit representative at community events and public hearings. Placement of statements in notices and publications that interpreter services are available for these meetings.
City of Chowchilla Title VI Program
Survey bus drivers, dispatchers, and other front-line staff on their experience concerning any contacts with LEP persons during the previous year.
Post City of Chowchilla Title VI Policy and LEP plan on the City’s website, www.cityofchowchilla.org.
When an interpreter is needed, for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from a professional translation service or qualified community volunteers.
Outreach Techniques
When staff prepares a document or schedules a meeting, for which the target audience is expected to include LEP individuals, documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population. Interpreters will be available as needed. The City currently uses a variety of outreach approaches, as described below.
Public Outreach Activities
The City website posts transit information. The City provides easy access to bilingual (English and Spanish) administrative staff and drivers during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s bus system.
The City reaches out to the community directly through meetings with agency and community staff and their clients, as needed. Information regarding the City’s transit services is disseminated at these meetings, including schedules and appropriate fliers. Transit information also is made available at a variety of locations throughout the community and on CATX.
Public Meetings
The City conducts and participates in transit meetings that are open to the general public. The City collaborates with the Madera County Transportation Commission (MCTC), the Metropolitan Planning Organization (MPO), in its Unmet Transit Needs process. The Unmet Transit Needs hearings are City of Chowchilla Title VI Program
accessible to the general public, offer bilingual translation, and are consistent with the MCTC Public Participation Plan and process that ensures meaningful access to LEP throughout the Madera County region. The MCTC public hearing is accessible by public transit services.
The City’s transit staff also participates in the development of the MCTC “Public Participation Plan” and “Public Transit Human Services Transportation Coordination Plan.” A series of meetings are conducted with participants from throughout the community. Recommendations to maximize community involvement are reflected in this plan and adopted by the MCTC Board.
Participation in Community Activities
The City engages in community activities that promote its transit services. These activities and sites include:
City of Chowchilla Community/Civic Events
City of Chowchilla Senior Center
MCTC Annual Unmet Transit Needs Process
Participation in updates to the “Public Participation Plan” and “Public Transit Human Services Transportation Coordination Plan for Madera County”
Assurances
The City of Chowchilla’s transit services will ensure that no person, on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. Further, CATX will notify the public of protections against discrimination afforded them by Title VI regulations and will take preventive corrective and disciplinary action necessary to stem behavior that violates the rights and privileges the regulations are designed to protect.
The City will post information on its website and ensure that it reflects current information consistent with the requirements of 49 CFR Section 21.9(d).
City of Chowchilla Title VI Program
Monitoring and Updating the LEP Plan
The City will update the LEP as required by U.S. DOT. At a minimum, the plan will be reviewed and updated when data the U.S. Census is available, or when it is clear that higher concentrations of LEP individuals are present in the City’s transit service area. Updates will include the following:
Documentation of LEP Personal Contacts
How the needs of LEP persons have been addressed.
Determination of the current LEP population in the service area. Determination as to whether the need for translation services has changed. Determine whether local language assistance programs have been effective and sufficient to meet the need.
Determine whether the City’s financial resources are sufficient to fund language assistance resources needed.
Determine whether the City has fully complied with the goals of this LEP Plan. Determine whether complaints have been received concerning the City’s failure to meet the transit needs of LEP individuals.
Availability of Title VI Plans and Procedures
The City’s LEP Plan and the Title VI procedures are included in the City’s website at www.cityofchowchilla.org. Any person or agency with internet access will be able to access and download the plan from the City’s website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person. LEP individuals may request copies of the plan in translation which the City of Chowchilla will provide, if feasible.
Questions or comments regarding the LEP Plan may be submitted to City of Chowchilla City Clerk:
City of Chowchilla Title VI Program
City of Chowchilla
130 S. Second St.
Chowchilla, CA 93610
Phone: (559) 665-8615
Fax: (559) 665-7418
7. Minority Representation on Planning and Advisory Bodies. The City must describe efforts to encourage participation of minorities on committees, board, councils, or other bodies. City must provide a table of transit-related, non-elected planning boards, advisory councils or committees, or similar bodies, the membership of which is selected by the City, and must indicate the racial breakdown of the membership of such committees or councils.
The City has no planning and/or transit advisory committees or non-elected committees.
A facility has not been constructed and a Title VI equity ananlysis is not required.
8. Requirement to Develop System-Wide Standards and Policies. FTA requires all fixed-route transit providers to develop quantitative service standards and policies for their fixed-route service. Individual public transportation providers may set standards that best reflect their local environment.
This requirement is not applicable to the City of Chowchilla as it operates demand-response services only.
REPORT TO THE CITY COUNCIL
Item 3.7
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TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Quarterly Waiver Report
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Spreadsheet with Detail of the Waivers Issued
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the Quarterly Waivers Report for April through June 2023.
BACKGROUND:
Council approved the City Administrator to have the authority to waive penalties, interest, fees, liens, etc. up to $10,000. It was requested that a quarterly report be presented that summarized the transaction the City Administrator granted under this authority.
REASON FOR RECOMMENDATION:
This report is a summary of the waivers that were issued and is an element of transparency for the Council and the public. These waivers are issued on a case by case basis and will fluctuate from quarter to quarter.
This is a tool for the Council to evaluate the use and effectiveness of the program.
FISCAL IMPACT:
There were four waivers issued for a total of $2,228.68. All were related to programs and events that provided a benefit to the community and they were not charged in the past. This is the correct process to show the amount of the fees that should have been charged.
ALTERNATIVES:
Pull the item for further discussion
ACTIONS FOLLOWING APPROVAL:
None
Date Entity/Person
Account or
Lien # Type Amount
4/17/2023 Madera County Fairgrounds N/A Permit $ 456.75 4/17/2023 Chowchilla SFA Portuguese Parade N/A Permit $ 1,000.73 4/18/2023 First 5 Madera County N/A Permit $ 721.20
6/12/2023 Chowchilla Elemetary School District N/A Park Reservation $ 50.00 $ 2,228.68
CITY COUNCIL REPORT ON WAIVERS PER RESOLUTI
QUARTER 04/01/2023 to 6/30/2023
TOTAL FEES WAIVED
Justification
Waived for Fire $419, $37.75 for TUP
Total Fee was $1,172.73 waiver of $1,000.73
Waived Permits required for event
Waiver for Seamless Summer Meal Program
ON 83-19
REPORT TO THE CITY COUNCIL
Item 4.1
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TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: Public Hearing
SUBJECT: Public Hearing and Resolution Confirming Diagram and Assessments and Approving the Levy and Collection of the Annual Assessments for Landscape Maintenance and Lighting District No. 90-1 for Fiscal Year 2023- 2024
PREPARED BY: Spencer Supinger, Contract City Engineer
ATTACHMENTS: Resolution; Assessment District Boundary Map
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council conduct a public hearing, receive public testimony, and adopt a resolution confirming the diagram and assessments and approving the levy and collection of the annual assessments for Landscape Maintenance and Lighting District No. 90-1 for Fiscal Year 2023-24.
BACKGROUND:
The Landscape Maintenance and Lighting District (LLD) No. 90-1 generates revenue for the maintenance of public landscaping and also pays for street lighting costs for areas within the LLD. All new developments are annexed into the LLD and charged an annual assessment that is collected with property taxes. There were no annexations into the LLD last year. There are currently 26 Benefit Zones within the LLD, as follows:
Zone
No. Description Improvements Maintained
1 Robertson Village 1, 2, & 3 Landscaping, Streetlights, Palm Parkway 2 Dubose Sanders, PM 86-13 Streetlights, Carlyle, Montgomery, etc. 3 Rosehill, Tract 91-02 Streetlights, Calaveras, Penny, etc. 4 Parkridge Estates II, Tract 90-25 Streetlights, Cedar, Oak, Elm 5 Chowchilla Gardens Apartments Streetlights, Kites Way, Myer Drive 6 Washington Square Apartments Streetlights, Washington, Kites Way 7 Meadow Lark, Tract 97-25 Streetlights, Pistachio, Elm, Birch 8 Palm Estates, Tract 99-12 Landscaping, Streetlights, Palm Parkway 9 Cornerstone Church Landscaping, Streetlights, Robertson, Fig Tree 10 Pheasant Run Landscaping, Streetlights, Waterfall, Robertson, Clubhouse, S. Fig Drive
11 Tract 90-22, Ph. I & II, Shasta
Village Apartments
Landscaping Santa Cruz Blvd, Streetlights
Washington, Kites Way, Molly, etc.
12 Tract 90-22, Ph. III-VI Landscaping Santa Cruz Blvd, Washington, Streetlights Santa Cruz, Elm, Rose, etc.
13 Valley Grove Estates, Tract 03-
11, Ph. I-IV
Landscaping Santa Cruz, Streetlights, Santa
Cruz, Howell, Peach, Plum, Cherry, etc.
14 Valley Grove Estates, Tract 03-
11 & 04-06, Ph. V & VI
Landscaping Santa Cruz, Streetlights,
Cottonwood, Peach, Willow, Almond, Parkridge
15 Valley Grove Estates, Tract 04-
30, Phase VII
Landscaping Santa Cruz, Streetlights, Camellia,
Chestnut, Blossom, etc.
16 Olivero Ranch, Tract 04-11 Landscaping and Streetlights Washington 17 The Village at Chowchilla
Apartments
Landscaping Kites Way, Streetlights, Kites, Myer
18 Parcel 1 of PM 04-49 Landscaping Palm Parkway incomplete:
Assessment deferred
19 Montgomery Farms, Tract 05-07 Landscaping SR 99, Robertson, Streetlights, S.
Fig, Genoa, Montgomery
20 Heritage Center, PM 05-62 Landscaping Robertson Blvd, Streetlights, Robertson, Front, Kings
21 Silva Ford, Tract 05-19 Landscaping SR99, Streetlights, Prosperity 22 Woodcrest, Tract 05-56 Not Completed; Assessment deferred 23 Legacy Ranch, Tract 05-29 Not Completed: Assessment deferred 24 Redwood Apartments Not Completed; Assessment deferred 25 AutoZone Streetlights, Robertson
26 Rite-Aid Landscaping, Streetlights, Robertson
REASON FOR RECOMMENDATION:
This is the final action by City Council required by the California Streets and Highways Code for the levy and collection of the annual assessments for the LLD. Council has previously adopted resolutions for the initiation of proceedings and for the intention to levy and collect the annual assessments. The City Engineer has prepared a report labeled Engineer’s Report of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1, dated June 2023, as required by law, and filed the report with the City Clerk. The report includes descriptions of the improvements maintained, boundaries of the district and benefit zones, and proposed assessments per parcel. This final action requires the City Council to conduct the required public hearing, receive any testimony, and confirm the annual assessments after considering any protests received. The assessment roll is then submitted to the County Assessor for inclusion on the property owner’s tax bill.
FISCAL IMPACT:
The annual assessments from the LLD are used for maintenance of public landscaping and street lighting.
The total assessment for this year is $313,734.78. The maintenance costs and assessments for each benefit zone and parcel are provided in the Engineer’s Report on file with the City Clerk. A summary of the total assessments for each benefit zone is included in the following table.
Zone
No. Description Assessment Amount
1 Robertson Village 1, 2, & 3 $6,349.66
2 Dubose Sanders, PM 86-13 $1,425.38
3 Rosehill, Tract 91-02 $1,769.02
4 Parkridge Estates II, Tract 90-25 $1,038.08
5 Chowchilla Gardens Apartments $251.40
6 Washington Square Apartments $982.00
7 Meadow Lark, Tract 97-25 $1,005.18
8 Palm Estates, Tract 99-12 $1,100.80
9 Cornerstone Church $2,526.38
10 Pheasant Run $135,843.32
11 Tract 90-22, Ph. I & II, Shasta Village Apartments $6,596.62 12 Tract 90-22, Ph. III-VI $11,395.44
13 Valley Grove Estates, Tract 03-11, Ph. I-IV $22,671.70 14 Valley Grove Estates, Tract 03-11 & 04-06, Ph. V & VI $9,852.10 15 Valley Grove Estates, Tract 04-30, Phase VII $3,798.40 16 Olivero Ranch, Tract 04-11 $5,222.78
17 The Village at Chowchilla Apartments $2,859.78
18 Parcel 1 of PM 04-49 Assessment Deferred
19 Montgomery Farms, Tract 05-07 $66,252.96
20 Heritage Center, PM 05-62 $1,560.32
21 Silva Ford, Tract 05-19 $27,919.30
22 Woodcrest, Tract 05-56 Assessment Deferred
23 Legacy Ranch, Tract 05-29 Assessment Deferred
24 Redwood Apartments Assessment Deferred
25 AutoZone $968.24
26 Rite-Aid $2,345.92
Total Assessment = $313,734.78
ALTERNATIVES:
Not to levy and collect the annual assessments for the LLD, resulting in the loss of a significant funding source for maintenance of public landscaping and street lighting.
ACTIONS FOLLOWING APPROVAL:
The assessment roll will be submitted to the County Assessor for inclusion on each property owner’s tax bill.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
CONFIRMING THE DIAGRAM AND ASSESSMENTS AND APPROVING THE LEVY AND
COLLECTION OF THE ANNUAL ASSESSMENTS FOR LANDSCAPE MAINTENANCE AND LIGHTING DISTRICT NO. 90-1 OF THE CITY OF CHOWCHILLA FOR FISCAL YEAR 2023-2024 WHEREAS, the CITY OF CHOWCHILLA (City) is a Municipal Corporation which provides services and facilities to the citizens of the community; and
WHEREAS, pursuant to Part 2 of Division 15 of the California Streets and Highways Code, the Landscaping and Lighting Act of 1972 (herein “Act”), the City Council of the City of Chowchilla did adopt its Resolution Initiating Proceedings for, Resolution of Intention to Levy and Collect the Annual Assessment for, and Authorize the Formation of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1 (herein “LLD No. 90-1”); and
WHEREAS, proceedings for the annual assessment for LLD No. 90-1 for the fiscal year 2023-2024 were initiated by the City Council on June 13, 2023; and WHEREAS, on June 27, 2023 the City Council adopted a Resolution of Intention to Levy and Collect the Annual Assessment for LLD No. 90-1 for the fiscal year 2023-2024; and WHEREAS, said Resolution of Intention was duly published and notice given of the hearing as required by law.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The Council hereby determines that the territory within the LLD No. 90-1, whose boundaries are set forth in the Engineer’s Report of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1, dated June 2023, and on file with the City Clerk of the City of Chowchilla, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer's Report.
2. The Engineer's Report, the diagram for the assessment district, and the assessment of the estimated costs of the improvements contained therein and each and every part of said report, is adopted and approved; and the assessment upon the land in LLD No. 90-1 being found to be in proportion to the benefits to be received from the improvements, are finally approved and confirmed as the assessment to pay the costs of said improvements and the expenses incidental thereto.
3. The hearing on said annual levy of assessment was held in accordance with law, all persons filing protests or requesting to speak and who appeared were heard.
4. The Council hereby orders the levy and collection of the assessments described in said Resolution of Intention and the Engineer's Report for fiscal year 2023-2024.
5. The City Clerk shall file this Resolution, as confirmed, or a certified copy thereof, the diagram and assessment, and all assessment information required by the County of Madera Auditor to the Auditor's office no later than August 10, 2023, or as otherwise directed by the County Auditor.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of July, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Ray Barragan, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.1
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TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration of a Resolution Supporting Caltrans, District 6 Incorporating Infrastructure Investment and Jobs Act (IIJA) Funds Regarding Improvements to The State Route (SR) 233 / Robertson Boulevard Corridor PREPARED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution, Caltrans Presentation
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council listen and provide feedback to a presentation given by Caltrans District 6 staff, and if desired, approve a resolution supporting Caltrans to incorporate Infrastructure Investment and Jobs Act (IIJA) funds to add additional “Complete Street” and “Safety” elements to the State Route (SR) 233 SR 233/Robertson Boulevard Corridor as discussed with Council on June 27, 2023 and July 25, 2023.
BACKGROUND:
In August, 2019, MCTC, in coordination with the City of Chowchilla, received SB-1 Grant funding to incorporate multi-modal and safety transportation improvements, along the SR 233/Robertson Blvd. corridor through the City of Chowchilla and surrounding areas. The SB-1 Sustainable Communities Planning Grant program assists agencies with local and regional multimodal transportation improvements with the hopes of encouraging the use of alternative transportation methods like walking, biking, public transit, rideshare, etc.
MCTC retained TJKM Transportation Consultants to develop a Multimodal Corridor Plan for the SR 233 corridor. The project goals of the plan included the following:
• Encourage the use of active transportation
• Recommend traffic calming solutions to enhance safety for all modes of transportation • Recommend bicycle, pedestrian, and transit facilities improvements along SR-233 Robertson Boulevard
• Improve traffic operations and reduce congestion along the corridor • Address the transportation needs of the community
• Improve public health and enhance community livability The study analyzed existing conditions for all modes of transportation in order to develop potential plans to implement appropriate improvements that benefit all roadway users, residents, and businesses along the corridor. The aim of the study was to increase safety for all modes of transportation and mitigate adverse truck traffic impacts, while improving traffic operations, along the corridor.
The intent of this plan was not to force any planning efforts or changes to Robertson Blvd. on Chowchilla, but to assist Chowchilla in an effort to allow for future funding opportunities by developing a corridor plan.
Since most transportation funding is grant based, having a completed study allows for an agency to apply and compete for future funding. The plan did not select a preferred option but outlined several potential designs that could lead to increased safety for all modes of transportation. In fact, per discussion with Caltrans at the time, elements from any of the options could be selected and reassembled if a future project is needed, while being supported by the study’s data.
REASON FOR RECOMMENDATION:
At the June 27, 2023 City Council meeting, Caltrans District 6 staff provided a presentation regarding a future CA Preventative Maintenance (CAPM) project for State Route 233 / Robertson Blvd. The project is as follows:
• Resurface State Route 233 (Robertson Blvd) from Avenue 24 ½ to State Route 99 (2.1 miles) • Replaced damaged concrete gutters
• Upgrade guardrail
• Modify 4 traffic signals
• Update crosswalks
• Replace signs
Estimated cost of the project is $5,400,000 with construction estimated to start in the fall of 2026.
Caltrans staff was recently informed that the above project could be eligible to receive an additional $4,000,000 in IIJA funds from the USDOT to incorporate additional “Complete Street” and “Safety” elements, such as:
• Installation of Class II or Class IV bikeways
• Sidewalk infill
• ADA access curb ramps
• Enhanced crosswalks with flashing beacons, similar to what was recently installed on Humboldt Ave
• Curb extensions (bulb-outs) to reduce pedestrian travel distance As a result of the potential for existing IIJA funds, Caltrans has proposed the following:
• Support to accept the IIJA for complete streets enhancements and improvements listed above • Retain two through lanes in each direction
• Retain left-turn lanes at intersections
• Retain parking where needed
It is important to note that the proposed project will not reduce the current width of the existing roadway or add any new medians to SR 233 / Robertson Blvd. As a result, annual events such as the Stampede and various parades will not be impacted and can continue as usual.
FISCAL IMPACT:
A total of $9,400,000 of State and Federal funds would be made available for the completion of the project and all design, bidding, construction and support would be handled by Caltrans District 6 staff. As a result, the project would have no fiscal impact to the City’s existing funding sources.
ALTERNATIVES:
Not to support Caltrans incorporating IIJA funds adding additional “Complete Street” and “Safety” improvements to the State Route (SR) 233 SR 233/Robertson Boulevard Corridor.
ACTIONS FOLLOWING APPROVAL:
Provide resolution to Caltrans District 6 staff.
1. Caltrans District 6 staff will submit a Project Change Request (PCR) to Caltrans Headquarters detailing the additional work to be incorporated. The PCR will then go to the October CA Transportation Commission meeting for approval.
COUNCIL RESOLUTION # -23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA SUPPORTING CALTRANS, DISTRICT 6 INCORPORATING INFRASTRUCTURE INVESTMENT AND JOBS ACT (IIJA) FUNDS REGARDING IMPROVEMENTS TO THE STATE ROUTE (SR) 233 /
ROBERTSON BOULEVARD CORRIDOR
WHEREAS, Caltrans District 6 staff is currently developing a future CA Preventative Maintenance (CAPM) project for State Route 233 / Robertson Blvd; and
WHEREAS, Caltrans staff was recently informed that the above project could be eligible to receive an additional $4,000,000 in IIJA funds from the US Department of Transportation (USDOT) to incorporate additional “Complete Street” and “Safety” elements to the State Route (SR) 233 SR 233/Robertson Boulevard Corridor; and
WHEREAS, the City of Chowchilla supports Caltrans to incorporate Infrastructure Investment and Jobs Act (IIJA) funds to add additional “Complete Street” and “Safety” elements to the State Route (SR) 233 SR 233/Robertson Boulevard Corridor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chowchilla, hereby finds, determines and declares as follow:
1. The recitals above are true and correct
2. The City Council supports Caltrans to incorporate Infrastructure Investment and Jobs Act (IIJA) funds to add additional “Complete Street” and “Safety” elements to the State Route (SR) 233 SR 233/Robertson Boulevard Corridor
3. These authorizations are effective per the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of July, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Ray Barragan, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
STATE ROUTE 233
PAVEMENT PRESERVATION
PROJECT
(EA 06-0W860)
John Liu, Deputy District Director
Caltrans District 6 Maintenance
and Operations
VICINITY MAP
06 Mad 233 PM 1.80/3.88
Avenue 24 ½ to JCT99/233
SR-233 Project Limits
15th Street
14th Street
7th Street
4th Street
1st – Front St
Existing SR233 (15th – Front Streets)
EXISTING State Route 233/ROBERTSON BLVD (15TH TO 1ST)
72’ ROADBED
100’ Right of Way
PROPOSED COMPLETE STREET
State Route 233
15th Street to Front Street
PROPOSED COMPLETE STREET
SR 233 from 15th to 13th Street
72’ Roadbed
100’ Right of Way
72’ Roadbed
100’ Right of Way
PROPOSED COMPLETE STREET
SR 233 from 13th to 10th Streets & 6th to 5th Streets
72’ Roadbed
100’ Right of Way
PROPOSED COMPLETE STREET
SR 233 from 10th to 6th Street
76’ Roadbed
100’ Right of Way 4’ Widening
PROPOSED COMPLETE STREET
SR 233 from 4th to 1st Streets
Minor Widening
Proposed 76’ Roadbed
100’ Right of Way 4’ Widening
PROPOSED COMPLETE STREET
SR 233 from 4th to 1st Streets
PROPOSED COMPLETE STREET
SR 233 from 1st to Front Streets
Existing 77’ Roadbed (100’ Right of Way)
Cross-Section along the through Lanes
PROPOSED COMPLETE STREET
SR 233 from 1st to Front Streets
77’ Roadbed
Cross-section along the Right-turn Lane
REPORT TO THE CITY COUNCIL
Item 6.2
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TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a City Council Resolution Approving a Subrecipient Agreement with Self Help Enterprises to Implement the City’s Permanent Local Housing Allocation (PLHA) Program and Authorizing the City Administrator to Execute the Agreement.
PREPARED BY: Mark Hamilton, Community & Economic Development Director Janae Lacey, Community & Economic Development Specialist ATTACHMENTS: Resolution – Subrecipient Agreement
Subrecipient Agreement PLHA Program 20-PLHA-15147
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopt the resolution approving a Subrecipient Agreement with Self-Help Enterprises to implement the City’s Permanent Local Housing Allocation (PLHA) Program, authorizing City Administrator to execute all necessary documents and agreements pertaining to the PLHA program.
BACKGROUND:
The City was awarded the PLHA Grant from the California Department of Housing and Community Development (HCD). The PLHA grant was awarded to the City through a competitive application process based upon Self-Help Enterprises (Self-Help) capacity. Due to the City partnering with Self-Help to implement the program within the City, HCD requires the local jurisdiction to execute a Subrecipient Agreement with the vendor prior to being able to expend grants funds.
Self-Help Enterprises previously purchased 21 single-family lots located within the Montgomery Farms subdivision, south of Fig Tree Plaza. The PLHA funds would be used to assist with construction of these homes under the Affordable Owner-Occupied Workforce Housing (“AOWH”), commonly known as the “Sweat Equity” program. Each family is required to be qualified as an eligible low- or moderate-income household in order to receive a First Time Home Buyer Loan through the City.
REASON FOR RECOMMENDATION:
Per HCD’s PLHA program guidelines, the Subrecipient Agreement is required to be approved by the participating jurisdiction. The Subrecipient Agreement is required by HCD because the City has partnered with Self-Help to implement and administer the program.
FISCAL IMPACT:
None. Funds will come out of the grant or program income received. The grant funds were previously considered and budgeted within the City’s FY 2023-2024 budget.
ALTERNATIVES:
Program will not move forward and grant award reverts back to HCD.
ACTIONS FOLLOWING APPROVAL:
City executes agreement and partners with Self-Help to provide service to the community.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING A SUBRECIPIENT AGREEMENT WITH SELF HELP ENTERPRISES TO IMPLEMENT THE CITY’S PERMANENT LOCAL HOUSING ALLOCATION PROGRAM AND
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE AGREEMENT WHEREAS, the City will be executing a Subrecipient Agreement with Self-Help Enterprises (Subrecipient) to provide services associated with the implementation of grant funds and reuse of program income funds for the City’s Permanent Local Housing Authority (PLHA) Program 20-PLHA-15147. Such services include predevelopment and activity delivery costs; and, WHEREAS, the Subrecipient does have a contract with the City. The Subrecipient will be assisting City Staff with the implementation of the PLHA program by offering to construct approximately twenty-one (21) Affordable Owner-Occupied Workforce Housing (AOWH) single family units for purchase by eligible low- or moderate-income households; and,
WHEREAS, the Subrecipient Agreement with the City is being considered after Self Help Enterprises assisted the City with securing the Grant from the California Department of Housing and Community Development; and,
WHEREAS, staff’s belief is that the Subrecipient’s knowledge and ability to assist the City with the implementation of the AOWH Program, and as such, staff recommends that the Council award the agreement to assist the City with the implementation of its PLHA Programs; and, WHEREAS, a scope of services for the provision of activity delivery tasks is outlined in the Subrecipient Agreement, which is attached hereto and incorporate herein as Attachment ‘1’, with the term of the Agreement; and,
WHEREAS, compensation for the performance of activity delivery services will be funded from Grant and Program Income Funds, which are derived from the grant itself and the payment of interest and principal payments from the execution and implementation of new loans.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
Section 2. The City Council hereby approves the Subrecipient Agreement with the Subrecipient (Self-Help Enterprises) in the form attached hereto as Attachment ‘3’, and authorizes the City Administrator to execute same on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of July, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
1 440/060 Grant Agreement
Chowchilla
GRANT AGREEMENT
This Grant Agreement (this “Agreement”) is entered into effective as of _______, 2023 (“Effective Date”) by and between the CITY OF CHOWCHILLA (the “City”) and SELF-HELP ENTERPRISES, a California nonprofit public benefit corporation (“SHE”). SHE and the City are hereinafter collectively referred to as the “Parties.”
RECITALS
A. SHE is the owner of certain real property located in the City of Chowchilla, California, as identified in Exhibit A (the “Property”). SHE has proposed to construct approximately twenty-one (21) Affordable Owner-Occupied Workforce Housing (“AOWH”) single family homes (each a “Home”) on the Property for purchase by low or moderate income households (the “Project”).
B. Grant funding by the State of California Department of Housing and Community Development (“HCD”) from the Permanent Local Housing Allocation Program administered by HCD (the “PLHA Program”) has been awarded to the City. The grant funds awarded by HCD pursuant to the PLHA Program are referred to herein as the “HCD Funds.” This Agreement has been executed in connection with that certain Standard Agreement dated as of February 1, 2021, identified as 20-PLHA-15147, and subsequent addendums executed by and between HCD and the City pertaining to HCD’s award of the HCD Funds (the “HCD Standard Agreement”).
C. SHE has requested, and the City has agreed, to use the HCD Funds to provide down payment assistance to individual households purchasing Homes to ensure the affordability of the AOWH units.
D. SHE has agreed to package mortgage assistance loans for eligible buyers to ensure the affordability for low and moderate income households.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
1. THE GRANT AND DISBURSEMENT OF GRANT PROCEEDS.
1.1. Grant. The City agrees to grant, on behalf of the Project, a sum in the maximum principal amount not to exceed One Hundred Ten Thousand Three Hundred Eighty-Two and No/100 Dollars ($110,382.00) for Year 1, One Hundred Sixty Four Thousand Two Hundred Two and No/100 Dollars ($164,202.00) for Year 2 and One Hundred Sixty Four Thousand Nine Hundred Seventy and No/100 Dollars ($164,970.00) for Year 3 (the “Grant Proceeds”) upon the terms and conditions and for the purposes set forth in this Agreement. The Grant Proceeds shall be distributed directly to an escrow account for each Buyer, as defined herein.
1.2. Purpose and Use of Grant Proceeds. The Grant Proceeds shall be used by SHE to make deferred payment loans (each a “Loan”) solely and exclusively for secondary financing assistance to income eligible buyers (each a “Buyer”) to purchase a Home. The Loans shall be from the City to the Buyer and will include a Loan Agreement, Promissory Note, Request for Notice and Deed of Trust (“Loan Documents”) as attached 2 440/060 Grant Agreement
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as Exhibit B. The Loans to the Buyers shall meet the following conditions (collectively, the “Loan Requirements”):
(a) The Loan shall be made to Buyer households that are at or below 80% of Area Median Income (“AMI”).
(b) The Loan shall have a term that correlates with the primary mortgage, but in no instance shall the term exceed 38 years. The loans will have a recapture provision to ensure affordability. The loans will be provided by the City. SHE will draft and provide the Loan Documents.
(c) The Loan shall be interest free, deferred payments and with no required periodic payments, in accordance with the Loan Documents provided as Exhibit B
(d) The Buyer, or a household member, must contribute a minimum of 40 hours a week working on all Homes for a period of 9 to 12 months. (e) The Buyer must reside in the Home continuously for the term of the loan and if a Buyer no longer occupies the Home as their primary residence the Loan shall become immediate due and payable, in accordance with the Loan Documents to be provided by the City.
(f) Loan assistance per Buyer shall not exceed one hundred and twenty thousand ($120,000) dollars.
(g) Each Buyer shall attend an 8-hour homebuyer education course provided by SHE.
2. REPORTING.
(a) SHE shall annually report to the City about the use and status of the Grant Proceeds, or as necessary to satisfy the City’s obligations under the HCD Standard Agreement.
(b) SHE shall submit the required annual reports to HCD as required by the PLHA Program to remain in compliance.
(c) SHE shall provide the City of Chowchilla with quarterly reports regarding the program.
3. SHE COVENANTS.
3.1. Compliance with PLHA Program and HCD Standard Agreement. SHE covenants and agrees to comply with all requirements of the PLHA Program and HCD Standard Agreement as to the use of the Grant Proceeds, construction and the sale of the Home, and all other matters related thereto.
3.2. Books and Records. The City shall have the right, during business hours and after reasonable notice to SHE, to inspect and copy SHE’s books and records concerning the Project, the Grant Proceeds and the Loans.
3.3. Other Documents. Upon the City’s reasonable request, SHE shall deliver 3 440/060 Grant Agreement
Chowchilla
to the City copies of documents related to the Project and the Loans.
4. Reimbursement of Costs
4.1. SHE shall be provided an activity delivery fee of $3,400 per loan for packaging the loan, underwriting the Buyer, and delivering the AOWH unit. This fee covers the cost of project activity delivery and is not an administration fee.
4.2. SHE shall be reimbursed $350 per loan for the homebuyer education course.
4.3. 5. DEFAULT AND REMEDIES.
5.1. Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder (“Event of Default”):
(a) SHE fails to use Grant Proceeds in accordance with this Agreement. (b) In the event no progress is made toward using all of the Grant Proceeds to make the Loans to Buyers for a period of four (4) years, the City shall provide written notice of expected noncompliance with this Agreement to SHE. If SHE does not provide a reasonable justification for the delay or resume progress within six (6) months of such notice, SHE shall be out of compliance with this Agreement and the City may demand repayment within thirty (30) days of such noncompliance.
(c) SHE defaults in the performance of any term, provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 5.1, and the default continues for thirty (30) days after the date upon which the City shall have given written notice of the default to SHE, provided that in the case of a default that is not susceptible of cure within thirty (30) days, an Event of Default shall not arise hereunder if SHE commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default to completion with due diligence and in good faith.
5.2. Remedies. Upon the occurrence of an Event of Default, the City shall have the following rights, in addition to any other rights and remedies provided by law:
(a) The City may declare the entire outstanding principal balance of the Grant thereon immediately due and payable;
(b) the City may seek an order of specific performance; and (c) the City may terminate this Agreement.
Each of the remedies provided herein is cumulative and not exclusive of, and shall not prejudice any other remedy provided herein. The City may exercise any rights and remedies available under applicable law, in addition to, and not in lieu of, any rights and remedies expressly granted in this Agreement.
4 440/060 Grant Agreement
Chowchilla
6. MISCELLANEOUS.
6.1. Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Notwithstanding the foregoing, the City’s obligation to make the Grant is personal to SHE, and this Agreement shall not be assignable by SHE by operation of law or otherwise absent the express written consent of the City.
6.2. Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(a) personal delivery, in which case notice is effective upon delivery; (b) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (c) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service;
(d) facsimile transmission or electronic mail, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile or electronic mail shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day. the City: City of Chowchilla
130 South Second Street
Chowchilla, CA 93610
Attention: Rod Pruett, City Administrator
SHE: Self-Help Enterprises
P.O. Box 6520
Visalia, CA 93290
Attention: Thomas J. Collishaw
Email: [email protected]
with a copy to: Gubb & Barshay LLP
505 14th Street, Suite 450
Oakland, CA 94612
Attention: Lauren B. Fechter
Email: [email protected]
Addresses for notice may be changed from time to time by notice to all other parties.
Notwithstanding that Notices shall be deemed given when delivered, the nonreceipt of any 5 440/060 Grant Agreement
Chowchilla
Notice as the result of a change of address of which the sending party was not notified shall be deemed receipt of such Notice.
6.3. Waiver, Modification and Amendment. No failure or delay on the part of the City in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy hereunder. No modification or waiver of any provision of this Agreement, nor any consent to any departure by SHE therefrom, shall in any event be effective unless the same shall be in writing, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on SHE in any case shall entitle SHE to any other or further notice or demand in similar or other circumstances. No amendment to or modification of this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, executed by the Parties, and unless the amendment or modification has been approved by the limited partners of SHE.
6.4. Consents. Whenever the consent or approval of the City is required under this Agreement, the City agrees that such consent or approval will not be unreasonably withheld or delayed.
6.5. Further Assurances. The Parties shall execute, acknowledge and deliver to the other Parties such other documents and instruments, and shall take such other actions, as may reasonably be necessary to carry out the intent of this Agreement.
6.6. Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish SHE and the City as partners, co-venturers, or principal and agent with one another.
6.7. Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, or consent by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City’s Executive Director or by any person who shall have been designated by the City’s Executive Director, without further approval by the City’s governing board unless the City Executive Director determines in his or her discretion that such action requires such approval.
6.8. Non-Liability of the City and the City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to SHE, or any successor in interest to either in the event of any default or breach by the City, or for any amount of money which may become due to SHE or any successor to either, or for any obligation of the City under this Agreement.
6.9. Captions; Construction; Time is of the Essence. The headings of the sections and paragraphs of this Agreement have been inserted for convenience only and shall not be used to construe this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.
Time is of the essence in the performance of this Agreement.
6.10. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of 6 440/060 Grant Agreement
Chowchilla
conflicts of law. The Parties consent to the jurisdiction of any federal or state court having jurisdiction in [Kings County], California. SHE agrees that any controversy arising under or in relation to this Agreement shall be litigated exclusively in courts having jurisdiction in [Kings County. SHE irrevocably consents to service, jurisdiction, and venue of such courts for any such litigation and waives any other venue to which it might be entitled by virtue of domicile, habitual residence or otherwise.
6.11. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties are materially altered or abridged by such invalidation, voiding or unenforceability.
6.12. Entire Agreement; Exhibits. This Agreement, together with the HCD Standard Agreement and the additional documents referenced herein, contains the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto.
6.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.
6.14. City Status. SHE recognizes and agrees that the City is not a commercial lending institution. Any duties or obligations which a commercial lending institution may have to SHE shall not apply to this transaction except as set forth herein or as otherwise required by law.
[SIGNATURES ON FOLLOWING PAGE]
7 440/060 Grant Agreement
Chowchilla
IN WITNESS WHEREOF, the Parties have executed this Grant Agreement as of the date first written above.
CITY:
City of Chowchilla
By: _____
Name: __________________________________
Title: ___________________________________
SHE:
Self-Help Enterprises,
a California nonprofit public benefit corporation,
By: ____________________________
Thomas J. Collishaw,
President and CEO
Exhibit 1
EXHIBIT A
LEGAL DESCRIPTION
The land referred to is situated in the County of Madera, City of Chowchilla, State of California, and is described as follows:
Lots 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 and 58 of Tract No. 05-07 Montgomery Farms – Phase I, in the City of Chowchilla, County of Madera, State of California, as per plat in Book 56 of Maps, at Pages 52-59, in the office of the County Recorder of said county.
APN’s: 014-021-028; 029; 030; 031; 032; 033; 034; 035; 036; 037; 048; 049; 050; 051; 052; 053; 054; 055; 056; 057 & 058
Exhibit 1
Exhibit B
Loan Documents
REPORT TO THE CITY COUNCIL
Item 6.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration to Appoint a Primary and up to Two Alternate Voting Delegates for the League of California Cities (LOCC) Business Meeting at the 2023 Annual Conference
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Delegate Registration Form
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the Council appoint a Council Member as the Voting Delegate and another Council Member as the Alternate for the League of California Cities Annual Conference Business Meeting. It is preferred that the voting member and alternate be elected city officials; a staff member could serve as the second alternate.
BACKGROUND:
The League of California Cities 2023 Annual Conference is scheduled for Wednesday, September 20 through Friday September 22. An important part of the Annual Conference is the Annual Business Meeting, during General Assembly, on Friday, September 22. At this meeting, the League membership considers and acts on resolutions that establish League policy. In order to vote at the Annual Business Meeting, the City must designate a voting delegate and up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to do so.
This years Annual Conference will be in Sacramento, California.
Last year, Mayor Pro Tem Smith was the Primary Voting Delegate and Council Member Ahmed was the Alternate.
REASON FOR RECOMMENDATION:
It is a requirement of the League of California Cities to assign a delegate and up to two alternates in order to vote at the Annual Business Meeting.
FISCAL IMPACT:
Conference registration: $600/Delegates for full conference before July 26; $750 after July 26. $350 for one-day registration. $250 +/- per night for hotel. All costs were budgeted for in the 2023/24 budget under account 100-1605-3052.
ALTERNATIVES:
Do not designate a voting delegate or alternate delegate/s, voiding the ability to vote at the Annual Business Meeting.
ACTIONS FOLLOWING APPROVAL:
Forward the delegate form to the League of California Cities. 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Council Action Advised by August 28, 2023
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.
Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Cal Cities bylaws amendments are also
considered at this meeting.
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.
General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.
What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
REPORT TO THE CITY COUNCIL
Item 6.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: New Business
SUBJECT: Informational Item – Excel Project Management Program (PMP) Update PREPARED BY: Stacy Weaver, Deputy City Clerk / Secretary II ATTACHMENTS: Excel Project Management Program City Council Departmental Spreadsheets
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Informational item only.
BACKGROUND:
City Council has requested that staff bring back the Project Management Program (PMP) reports on a quarterly basis for follow up and review. Below you will find a quick review of items that are on-going, in progress, or on hold. The last report was brought to the Council on April 25, 2023. At the end of June there were twenty-four (23) items in progress, eleven (11) ongoing, six (6) projects on hold, and twentytwo (23) completed items.
City Staff reviewed the city’s agendas, minutes, and memorandums from April 1st to June 30, 2023. Also, staff, reviewed the weekly activities report since April onward to provide updates to items that have been brought before Council. Between April and the end of June there were seven (7) scheduled Council Meetings. Out of the seven (7) Council Meetings one (1) of those were Special Meetings and one (1) was cancelled. Staff submitted twenty-six (26) Consent Items, four (4) Public Hearings, two (2) deferred business items, nineteen (19) New Business Items and four (4) Presentation/Workshop items, five (5) Closed Session Items and five (5) Proclamations to City Council to approve or provide direction between April to June time frame. Since last PMP update there were twenty-two (23) completed projects within this time frame. The items are listed below for quick reference.
It was requested to have staff bring back the “Rancho Calera” project to report out on a quarterly basis since the developer is ready to move forward with the project with a new design layout. Trying to work with Caltrans to finalize the northern-leg of the roundabouts to provide exit/entrance to Robertson Blvd for Rancho Calera.
In Progress: (Highlighted in Green)
1. Robertson Blvd Beautification Project – Working with Y&H a. Robertson Blvd SR 233 Maintenance Agreement – Contract Signed with Caltrans b. Grant Application for LLP Funds
2. Financial Software – Currently working with Tyler
3. Expansion of Fire Station – Agreement with Diede Construction Company
4. Strategic Planning Workshop was completed and staff is in the process of reviewing.
5. Project Sunset [Auto Zone]
6. Ad Hoc – Park Fields Maintenance
7. CFD – Greenhills
8. Oleander Terrace Development
9. Humboldt Storm Drainage & Street Reconstruction Project
10. Transient Ag Use at Airport
11. CV2 & CV3 CDBG Coronavirus Aid Small Business Loan Program
12. Proposition 68 Grant Program Funds.
13. Well Installation – Pheasant Run, LLC
14. Infill – CFD
15. APN 002-250-053 Property for Sale through Charitar Realty
16. Bus Purchase
17. Lease Financing with Enterprise Fleet Management for PD Vehicles
18. Airport Improvement Plans (AIP) Project List
19. Street Crossing Safety
20. Well No. 15
21. Rancho Calera Subdivision Project
22. Centennial Celebration
23. House Element 2024-2032
On Going Projects: (Highlighted in Blue)
1. Human Resources
a. Until Filled Positions
i. Police Officer Trainee
ii. Wastewater Treatment Plant Operator I
iii. Human Resource Manager
b. Continuous Positions
i. Police Officer I & II
ii. CSO/Dispatcher
iii. Transit Driver/Dispatcher
2. High Speed Rail (HSR)
3. Excel PMP Spreadsheet Quarterly Updates
4. Fairmead WWTP Project
5. SR 99 / SR 233 Interchange – Cooperative Agreement No. 06-1724
6. Former Library Building Status
7. Madera County Fire Station – Madera County are currently looking outside City limits.
8. Storm Drainage Improvements - Phase I
a. Kings Ave Storm Drain
b. Sonoma Storm Drainage Improvement
9. Measure N Public Safety Sale Tax Committee Meetings
10. Chowchilla Excel PMP Updates
11. 2021 CDBG Block Grant for Public Works Projects
a. ADA Sidewalk Improvements
b. Kings Ave Storm Drain Project
Projects on Hold: (Highlighted in Yellow)
1. Ad Hoc Zoning Ordinance Update
2. Shipping Container Ordinance Update (Community Development / City Clerk’s Office)
3. Boat Races. Looking into possible future events
4. Ad Hoc – WWTP Committee (We are waiting to see if the state approves the Fairmead Consolidation Project. If yes, then we no longer need this committee
5. Legacy Ranch – Development
6. Loan Oak – Development
Completed Project: (Highlighted in Orange)
1. PFA Lease Agreement
2. CARES Act Funds
3. Procurement Policy & Procedure Update APP.F2.2
4. COVID-19
5. STA Funds FY 2022/23
6. Zero-Emission Bus (ZEB) Rollout Plan
7. Planning Commission Schedule Meeting Times Update
8. CalHOME FY 22/23 Implementation [18-HOME-12587 Award Grant]
9. General Plan Amendment Application No. 23-0006
10. Commercial Incentive Program
11. Goal Setting Workshop Budget FY 2023/24
12. Audit FY 2021/22
13. Quarterly Financial Review
14. FY 2023/24 Budget
15. Weed Abatement
16. Aerial Fireworks Display
17. Military Equipment Use
18. Abandoned Vehicles Dispute
19. OpenGov – Software
20. Thiel Air Care, Inc. Airport Land Lease
21. SB1 – RMRA
22. LLMD No. 90-1
23. CalHOME Application Approved – Implemented by SHE / CalHOME Program
City of Chowchilla Excel PMP
April - June 2023
On Going Council Meeting 11/10/2015 High Speed Rail
Wkly Activities
Report March 26 - April 1, 2023
Jason, Mark and Rod met with High Speed Rail and their design consultants for the Madera to Merced section. Discussed reimbursement agreements and some of the requirements of a current road for connectivity from the proposed interchange at Road 16 to the rest of the Industrial area. Also brought up the public safety concerns that we were previously told would be addressed later on in the process.
On Going
On Hold Council Meeting 12/10/2019 AD HOC - WWTP
On Going Council Meeting 07/28/2020 Excel PMP Spreadsheet Council Meeting 04/25/2023
Consent
3.5 Consideration of the Quarterly PMP Report (Pruett) Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve the Consent Calendar as Presented. Motion passed by roll call vote with Council member Ahmed absent. Informational Only On Going
In Progress Council Meeting 11/10/2020 Project Sunset [AutoZone] Wkly Activities
Report April 2 - April 8, 2023
Com. Dev. - Construction at the AutoZone site started this week.
The crew staff spoke with mentioned they are in process of scraping and grading the area anticipated for where the construction trailer is anticipated to be located.
Wkly Activities
Report April 16 - April 22, 2023
Met with AutoZone and PGE to discuss the needs of the project and what is needed from all involved. New easement need to be done after the lot line adjustments that were done. The City will need to do one as well.
Com Dev. - Staff attended a meeting with the AutoZone team regarding the status of the lot merger application and PG&E application.
Wkly Activities
Report April 23 - April 29, 2023
Com Dev. - Staff met with the Contractor for the AutoZone DC on site. The discussion centered around on-site activity and scheduling future pre-construction meetings with various team members.
Com Dev. - Staff continues to work with AutoZone DC team regarding the processing of the Lot Merger Application.
City Administrator PMP Spreadsheet
1 City of Chowchilla Excel PMP
April - June 2023
Weekly
Activities
Report
April 30 - May 6, 2023
Staff met with the AutoZone construction foremen and some of the job's sub-contractors regarding the construction timeline and coordination with City Staff.
Com Dev. - Staff continues to work with AutoZone DC team regarding the processing of the Lot Merger Application.
Public Work - Attended pre-construction meeting for
Autozone.
Wkly Activities
Report May 7 - May 13, 2023
Com Dev. - Staff continues to work with AutoZone DC team regarding the processing of the Lot Merger Application.
Wkly Activities
Report May 14 - May 20, 2023
AutoZone reached out to schedule a visit on July 20. They will be here for a construction progress meeting.
Com Dev - Staff performed the first inspection at the
Autozone DC construction site Currently, most of the work being performed on-site is pertaining to the underground utilities and preparation of the foundation.
Wkly Activities
Report May 21 - May 27, 2023 (Com. Dev)
Staff forwarded the comments received by QK regarding
AutoZone's Lot Merger request. The comments were
immediately forwarded to the applicant to make the corrections and resubmit.
Wkly Activities
Report May 28 - June 3, 2023 (Public Works)
Attended Autozone construction meeting.
Wkly Activities
Report June 4 - June 10, 2023
Com. Dev. - Staff attended a meeting at the AutoZone DC project site with Public Works and PG&E regarding how the power will be delivered to the project site. With regards to the AutoZone DC; staff has been on -site approximately 2-4 hours per day observing the work being performed. They have now started preparing an area of the site for the concrete batch plant.
Public Works - Attended a project meeting with AutoZone, Union Pacific and PG&E. AutoZone's contractor will be
performing work that will encroach on PG&E and Union
Pacific Right-of-Way.
Wkly Activities
Report June 11 - June 17, 2023
Staff participated in the AutoZone in one of the construction meetings. This meeting was with regards to the concrete batch plant being prepared for operation at the construction site. 2 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report June 25 - July 1, 2023 (Public Works)
Attended weekly Autozone project meeting. Met with Tiechert to discuss new water tie in for the facility. Met with construction manager for Autozone project with regard to concrete batch plant not having a backflow or airgap on the potable water tank.
They will be installing a temporary backflow assembly per City Request.
In Progress
In Progress City Council 09/27/2022 Ad Hoc - Park Fields New Business
6.4 Verbal Report: Discussion and/or Direction Regarding Forming a Park Fields Ad Hoc (Pruett)
The City Council directed staff to reach out to all of the sport groups presidents to work out field issues first. If things do not get resolved in that manner, bring the item back to the City Council.
Wkly Activities
Report
September 18 - September 24, 2022 Staff discussed options to try and address concerns that were brought up at the last council meeting regarding the fields at Ed Ray Park.
Wkly Activities
Report
September 25 - October 1, 2022 Staff discussed more options for the Ed Ray Park fields. We are waiting to get some quotes and will be in contact with the organizations to keep them up to date. We will look to have a meeting with them once we have all our information.
Public Works - attended meeting with Rod, Stacy Wiesner, Joe and Jeff to discuss the Ed Ray field conditions and potential solutions.
Wkly Activities
Report
October 30 - November 5, 2022 Attended a conference call meeting with Staff and the soccer league President. Went over what our plans are and expectations moving forward. We already did rodent control to catch up and will continue maintenance control yearly. We will be putting compost to fertilize and level the fields and then seed annually.
We will also add a watering day in the summer.
Public Works - Attended meeting with the Soccer League
president, City Administrator, Mayor and Community
Recreations Deputy Director to discuss Ed Ray Park fields and the City's plan for improvements at the park.
Weekly Activities
Report
April 30 - May 6, 2023 Reviewed 30% design plans for the Ed Ray pickleball courts project. Submitted comments back to City Engineer.
In - Progress
Completed Council Meeting 04/11/2023 PFA Lease Agreement 3 City of Chowchilla Excel PMP
April - June 2023
Consent
3.3 Consideration and Adoption of a City Council Resolution (26-23) Directing the Execution of and Authorizing the
Recording of a Termination Agreement Including a Certificate of Acceptance. (Pruett)
Facilities Lease Agreement with the Chowchilla Public Finance Authority (PFA) in 2016 to lease Ed Ray Park Recreation Building and the Chowchilla Senior Center which was part of the 2005 Civic Center Bonds that were issued. All the required lease payments under the term of the lease and the refunded bonds have matured.
Motion by Council Member Troost, Seconded by Pro Tem
Smith to Approve the Consent Calendar as Presented.
Motion passed unanimously by roll call vote. Actions
Following Approval: The City Administrator will sign all the necessary documents for the Termination Agreement and
Certificate of Acceptance. Those documents will then be recorded.
Completed Council Meeting 04/25/2023 Cares Act Funds
New Business 6.2 Discussion and Direction Regarding the Use of American Rescue Plan Act Funds (Pruett)
Council directed staff to table the item and bring it back at a future meeting in order to obtain different scenarios.
Action Following Approval: Incorporate direction given by Council into the FY 23/24 and subsequent budgets.
Council Meeting 05/30/2023
Deferred
Business
3.1 Discussion and direction regarding the use of American Rescue Plan Act Funds. (Rogers)
Actions following approval: Incorporate direction given by Council into the FY 23/24 and subsequent budgets. The City Council directed staff to use the remainder ARPA funds and add a new well, extend water lines (stub-outs) to Berenda Slough, and purchase a generator for Well 1A.
Completed Council Meeting 06/13/2023 Update APP.F2.2
Public Hearing
4.2 Consideration and Adoption of a City Council Resolution (44-23) Updating the City's Procurement Policy and
Procedures. (Pruett)
Motion by Council Member Chavez, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution 44-23, Updating the City's Procurement Policy and Procedures. Motion passed unanimously by roll call vote.
Actions following Approval: The Policy will be updated with the language provided in the Resolution.
Wkly Activities
Report June 18 - June 24, 2023
Will have to bring back the procurement ORDINANCE update back to Council in July. The resolution updated the policy only; the ordinance updates the municipal code.
4 City of Chowchilla Excel PMP
April - June 2023
On Going Council Meeting 12/08/2015 Human Resources
Wkly Activities
Report March 26 - April 1, 2023
Started onboarding 3 new Public Works Dept. employees. Two will begin April 3 and one will begin on April 10. Request limited HR module access to Stacy Weaver to help me with scanning everyone's personnel documents and certification information.
Current WWTP Supervisor has been acquired by Fresno County, will remain with Chowchilla on a Part-Time basis until the position is filled. Looking into NIMS training for department heads and other managers to complete; it is vital to know what happens and what is expected of us when there is an emergency.
Wkly Activities
Report April 2 - April 8, 2023
Interviews for Fiscal Manager were held and one person was selected and offered the job. Met with the attorney who is going to assist with updating our Personnel Rules & Regulations. The last time they were updated was in 2012 and much has changed since then. This was budgeted in the current fiscal year. Staying on top of the recruitments for Lifeguard and Pool Supervisor for this summer's pool days. Republished the vacancies for Airport Advisory and Planning Commission; pushed the deadline out and Ms. Wisener updated the information on the City's Website and blasted on our social media accounts. We are looking into NIMS training for emergency response procedures, staff found we must also update the City's Emergency Operation Plan as the one we currently have is outdated.
Admin - Kerri and Rod completed interviews for the Fiscal Manager position. There were only 2 applicants. Will be reaching out with a Job offer to one of them. Public Works - attended meeting with Cal Rural Water to discuss their
Specialized Utilities Services Program to contract a Grade III WWTP Operator. Public Works - Provided orientation for new hires to Streets, Parks and Facilities division. Set up interview for the Wastewater Supervisor position. Unfortunately, the candidate ended up cancelling later as they and just accepted a position with another agency.
Wkly Activities
Report April 9 - April 15, 2023
Applicant who interviewed for the Fiscal Manager position accepted the terms of her job offer; we will begin onboarding as soon as we get background results back. We have our Finance Director back on modified duties and schedule until she is 100% released by her doctor. Received one application for the Planning Commission vacancy.
Com Engagement - Inquired with previous Lifeguards for
rehire and worked on new pool season.
Wkly Activities
Report April 16 - April 22, 2023
Admin - Began reviewing the new HR Manager position job description and salary. This will need to be approved by MidManagement Bargaining Unit. The salary will be brought to Council for approval as well.
Finance - Hired a new Fiscal Manager Abigail, she will start on Tuesday April 25th. Public Works - Received quote from Cal Rural Water for part-time WWTP Chief Operator staffing until a full-time candidate can be hired and began review. Will bring to Council for consideration.
City Clerk PMP Spreadsheet
5 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities April 23 - April 29, 2023
Have a few incoming employees "on deck", waiting to be
onboarded and processed. Requested an updated salary scale that includes the Lifeguard and Pool Supervisor positions. Only received one application for both Planning Commission and Airport Advisory Committee. I will be extending the deadline for the Airport vacancies and present the one applicant for the Planning Commission to the Council soon.
Weekly
Activities
Report
April 30 - May 6, 2023
Interviews were held for the open swimming pool season staff; lifeguards and pool supervisor. Sent over new classifications to consider adopting into their respective Association groups; 2 for Finance and 1 for Admin. Once accepted, the classifications will be brought before Council to approve the new additions into the salary scale.
Council Meeting 05/09/2023
New Business
6.1 Consideration of Commission/Committee Appointments - Planning Commission & Airport Advisory Committee
(McClendon).
Action: Mr. Hale appointed to Planning Commission, Mr.
Kelley appointed to the Airport Advisory Committee. 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.
Wkly Activities
Report May 7 - May 13, 2023
Watched webinar. Understanding the additional CalPERS
requirements for industrial disability retirement. CalPERS added requirements to help them better determine if an IDR applicant is qualified. Tasked Stacy Weaver to reach out to the newly appointed Airport Advisory Committee Member and Planning Commissioner to get them onboard. Sent new classification to Association representative to consider adding. Once approved by the Association, the salary scale for each new classification will be presented to the City Council for approval. Worked on stream lining on the on-boarding process.
Wkly Activities
Report May 14 - May 20, 2023
One of the proposed classifications came back with approval from its corresponding Association. This time well be on the June 13 agenda for approval of the new classification and pay scale.
Preparing to onboard new PD staff; worked out a simple process with PD to coordinate onboarding prior to first day of
employment so that the new PD employee has everything ready to go on first day.
6 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report May 28 - June 3, 2023
Updated an organization chart of City Departments to assist with the Personnel Rules and Regulations update. Onboarded new PD staff. The lifeguard group and Pool Supervisor will start on June 12; their onboarding will be completed soon.
Wkly Activities
Report June 4 - June 10, 2023
Staff coordinated time with the New Planning Commissioner to present with Planning Commissioner information binder, met with Com Dev staff to familiarize himself with what to expect.
Completed onboarding of pool staff. Submitted the updated agreement between the City and CUHS to obtain continued, uninterrupted insurance coverage for their facility use/summer swim program.
Council Meeting 06/13/2023
New Business
6.2 Consideration and Adoption of a City Council Resolution (46- 23) Amending the 2022/23 Salary Scale to Include a Human Resource Manager Classification. (Pruett)
Motion by Mayor Barragan, Seconded by Council Member
Ahmed to Approve City Council Resolution 46-23, Amending the 2022/23 Salary Scale to Include a Human Resources
Manager Classification. Motion passed unanimously by roll call vote. Action Following Approval: Update the Salary Scale and create Job Posting in CalOpps to start taking applications as soon as 07/01/2023.
Wkly Activities
Report June 11 - June 17, 2023
Posted the HR Manager on the CalOPPS, the City's recruitment vendor. Will push the recruitment out further once the new fiscal year begins when I will have a budget for advertising it. Pool positions and onboarding completed by staff. Set out
departmental HR related reminders to different departments that include upcoming or past-due evaluations, specialized training offered through our RMA or LCW Consortium, Etc.
July 3, 2023 CalOPPS Update
Current Job Openings: Human Resource Manager, Police Officer Trainee and Wastewater System Supervisor - Open until filled.
Transit Driver I/Dispatcher, CSO/Dispatcher, Police Officer I/II Continuous Applications.
Staff is continuing reviewing and updating the City's EOP.
City Hall Staff were assigned "How to Use a Fire Extinguisher" 3 Minute video which is required by CalOSHA 6151(g)
Annually.
Wkly Activities
Report June 18 - June 24, 2023
Received an update from the attorney assisting with the Personnel Rules & Regulations update; have a meeting set up with her next week to go over them.
7 City of Chowchilla Excel PMP
April - June 2023
Weekly
Activities
Report
June 25 - July 1, 2023
Went over draft Personnel Rules and Regulations edits performed by attorney's office. Will have a meeting with her next week to talk about the edits, suggest other edits. Working with COEA on proposed classifications, what it means to current staff. The Association approved all proposed classifications; these will be on the July 11 City Council agenda to approve adding the
classifications to the salary scale.
Updated as Needed On Going
On Going Council Meeting 7/24/2018 Measure N - Public Safety Sales Tax Council Meeting 04/11/2023
New Business
6.2 Discussion and/or Direction Regarding Measure N (Pruett) The Council directed staff to place Measure N on the 2024 ballot.
Wkly Activities
Report April 30 - May 6, 2023
Admin - Reached out to Lew Edwards regarding the renewal of Measure N. We need to meet to decide when we want to start the process. They charge a monthly retainer and we don't want to start to early and pay for services not needed but we don't want to wait too long either.
Finance - Met with Jeff, Daniel, Fred and Rod regarding Measure N and to discuss the Enterprise Fleet lease program.
Wkly Activities
Report May 7 - May 13, 2023
PD, Fire, Finance and Rod met to go over next year's Measure N Budget.
Wkly Activities
Report May 14 - May 20, 2023 (Admin)
Scheduled a meeting with Lew Edwards for next weekly to look into when we would want to start using them for the Measure N renewal process. They are saying the sooner the better but not sure we need 18 months and they are on a monthly retainer.
Mary will be on the call as well and she does not think we need that much time.
Wkly Activities
Report May 21 - May 27, 2023 (Admin)
Attended a meeting with Mary and Lew Edwards group to discuss the Measure N renewal. We have decided to wait a little while longer to start the process. Will save the City money by not paying them a retainer for those months. We believe if we start in October - December 2023 will be sufficient. Giving us a good 10 -12 Months.
Council Meeting 06/13/2023
8 City of Chowchilla Excel PMP
April - June 2023
New Business
6.5 Discussion and Recommendation to Form a Measure N Ad Hoc Committee, Appointing Two Members of the City Council. (Pruett)
Actions Following Approval: Follow the direction and
recommendations from Council. Motion by Council Member
Chavez, Seconded by Council member Ahmed to Form a
Measure N Ad Hoc and Appoint Council Member Chavez and
Council Member Troost to the Ad Hoc. Motion passed
unanimously by roll call vote.
On Going
On Hold Council Meeting 8/27/2019 Town Hall - Shipping Containers Completed STATE OF EMERGENCY COVID-19
Council Meeting 05/09/2023
New Business 6.4 Consideration and adoption of a City Council Resolution (34- 23) Terminating the COVID-19 March 2020 Proclaimed Local Emergency (Pruett)
Reason for recommendation: Pursuant to the State of
California, the conditions of extreme peril to the safety of persons an property no longer exist as it relates to COVID-19.
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.
Wkly Activities
Report
May 21 - May 27, 2023 Requested IT to collect the iPads and remove Ring doorbell/camera from City Hall since we no longer need to use it for deliveries (we used during COVID to be altered when we needed to let the delivery drivers in).
Completed
In Progress Council Meeting 09/13/2022 Bus Purchase
Consent
3.5 Consideration and Adoption of a City Council
Resolution (76-22) Authorizing the Purchase of one CATX Van Utilizing the Joint Procurement Process Through the California Association for Transportation (Cal ACT) and A-Z Bus Sales, Inc.; and Amending the Transit Budget to
Reflect Said Purchase (McClendon)
Motion by Council Member Palmer, Seconded by Council Member Ahmed to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
Actions Following Approval: Proceed with the van purchase from A-Z Bus Sales, Inc.
In Progress
Completed Council Meeting 04/11/2023 STA Funds FY 2022/23 9 City of Chowchilla Excel PMP
April - June 2023
Consent
3.4 Consideration and Adoption of a City Council
Resolution (27-23) Approving the Amendment to the
Application for State Transit Assistance (STA) Funds for Fiscal Year 2022/23 and Authorizing the City
Administrator or Designee to Execute and Submit the
Application to Madera County Transportation Commission
(MCTC) (McClendon)
The State Controller annually approves LTF and STA
apportionments by county pursuant to the TDA. MCTC allocates these funds to local agencies based on each jurisdiction's percentage share of the total County population. Annually, local agencies are required to submit applications for approval to MCTC.
Motion by Council Member Troost, Seconded by Mayor Pro
Tem Smith to Approve the Consent Calendar as Presented.
Motion passed unanimously by roll call vote. Actions
following Approval: Upon obtaining required signatures, City Clerk to submit documents to MCTC.
Completed Council Meeting 05/09/2023 ZEB
New Business
6.2 Consideration and Adoption of a City Council
Resolution (32-23) Authorizing the Submission of the ZeroEmission Bus (ZEB) Rollout Plan to the California Air Resources Board (CARB) as required by the Innovative
Clean Transit (ICT) Regulations (McClendon)
Action Following Approval: Upon obtaining required signatures, City Clerk to submit documents to CARB.
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 Innovation Clean Transit (ICT) Regulations.
Motion passed with Council Member Ahmed absent.
10 City of Chowchilla Excel PMP
April - June 2023
On Hold Council Meeting 10/10/2017 On Hold - AD HOC Zoning Ordinance On Hold Council Special Meeting 8/12/2019 Shipping Containers - Ordinance Update In Progress City Council Meeting 04/13/2021 Oleander Terrace Wkly Activities
Update April 16 - April 22, 2023
Staff meet with the builder for Oleander Terrace, discussing the construction of the masonry wall along Howell Avenue.
Wkly Activities
Update May 28 - June 2, 2023
Staff continues to work with the Builder for Oleander Terrace.
Wkly Activities
Update June 18 - June 24, 2023
Staff continues to work with the Oleander Terrace Developer. Assisting him to help keep the project from stopping.
Wkly Activities
Report June 25 - July 1, 2023
Staff continues to work with the Oleander Terrace Developer. Assisting him to help keep the project from stopping. Staff was informed one of their former sub-contractors was reconstructing Howell Road.
Builder is in the process of constructing homes at this location.
In Progress
Completed Council Meeting 08/10/2021 CalHOME Application Wkly Activities
Report April 2 - April 8, 2023
Staff worked with Self-Help to complete the desk review for the City's Cal-Home Grant. The requested information was sent to HCD April 10th.
Council Meeting 05/09/2023
Community Development PMP Spreadsheet
11 City of Chowchilla Excel PMP
April - June 2023
New Business
6.3 Consideration and Adoption of a City Council Resolution (32- 23) Amending the Fiscal Year 2022/23 City Budget to allow for the implementation of the CalHOME Program (Hamilton)
Actions following approval: The resolution and budget
amendments will be sent to the Finance Department for
inclusion into the FY 2022/23 Budget. 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.
Application was approved and has been execute. Staff entered into a Subrecipient Agreement with Self-Help to implement.
Completed
In Progress Council Meeting 09/14/2021 CV2 & CV3
Staff Continues to work with businesses within the community providing them with forgivable loans.
In Progress
In Progress Planning Commission Meeting 03/30/2011 Rancho Calera Wkly Activities
Report March 26 - April 1, 2023
Staff met with HSR regarding proposed Right-of-Way Acquisition plan.
They mentioned they have began starting conversations with various property owners along the corridor and wanted to ensure they have included all the necessary items needed to within the ROW design.
Wkly Activities
Report April 9 - April 15, 2023
Admin - Mark and I have meetings set up next week with land owners in the CFD to discuss the proposed refunding and the new Rate and Method of Apportionment.
Wkly Activities
Report April 16 - April 22, 2023
Admin - Attended multiple meetings with property owners in the CFD to discuss the new proposed CFD. AutoZone, Rancho Calera, ChafalCommercial along East 99, Gill 70 acres industrial next to AutoZone.
We got positive feedback from everyone so far. Meeting with property owners to get support but only the registered voters have a vote.
Developed residential will have a 35% - 40% reduction in annual assessments so we anticipate support from voters. Still have more meetings to do and have to revise some of the presentation based off input from property owners.
Com. Dev - Staff held multiple meetings this week discussing the proposed CFD with multiple property owners. There was a total of four (4) separate meetings with various landowners regarding the current CFD and the changes proposed if approved. Staff attended a follow-up CFD meeting with NBS and Wolf-Hansen discussing the various comments and questions meetings held earlier in the week.
12 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report April 23 - April 29, 2023
Admin - Attended meetings with property owners in the CFD to discuss the new proposed CFD. Continue to meet with property owners to get support buy only the registered voters has a vote. Developed residential will have a 35 - 40% reduction in annual assessments so we anticipate support from the voters. Still have more meetings to do and have to revise some of the presentation lased off input form property owners.
Com Dev. - Staff met with the property owner of the Fig Tree Plaza discussing the proposed changes to the CFD.
Wkly Activities
Report May 7 - May 13, 2023
Com Dev. - Staff received a parcel map application to create a parcel within the Rancho Calera Community.
Wkly Activities
Report May 14 - May 20, 2023 (Admin)
Attended a meeting with mark and the Fugundes team to discuss the CFD refunding. They seemed to support it and wanted to get more details. We are working on putting together a more detailed presentation for all property owners so they can see the actual financial impacts on their assessments under the new proposed plan.
Wkly Activities
Report May 21 - May 27, 2023
Staff forwarded the comments received by QK regarding Pembrook's Development team Final Parcel Map request. The comments were immediately forwarded to the applicant to make the corrections and resubmit.
Wkly Activities
Report June 4 - June 10, 2023 (Admin)
Had a meeting with the Rancho Calera team to discuss the results of out meeting with Caltrans. They think they can put together a plan for the commercial are right off the roundabout that will satisfy Caltrans concerns.
Com. Dev - Staff met with Pembrook Development regarding the Rancho Calera Commercial area. Some of the discussion topics included the commercial development layout and access to Robertson Blvd. Public Works - Attended meeting with Rancho Calera developer to discuss the commercial development and access into the development from the proposed roundabout
Wkly Activities
Report June 18 - June 24, 2023
Staff continues to work with the Rancho Calera Team regarding the submittal of a Final Map application and fascinating access to the proposed commercial development.
Staff Continues to meet with Caltrans regarding the commercial connection. Staff received an application from the developer to create a parcel to be sold to a builder.
In Progress
In Progress Council Meeting 05/10/2022 - JNT RDA APN 002-250-053 13 City of Chowchilla Excel PMP
April - June 2023
Update
11/15/2022
Property is in Escrow. The buyer is to start the entitlement process. RDA Successor Agency Resolution No. 05-22.
Property is going through the escrow process. Staff received a draft site plan to be reviewed.
In Progress
On Hold Council Meeting 09/13/2022 Legacy Ranch
Weekly
Activities
Report
April 30 - May 6, 2023
Admin - Attended a CFD meeting with Legacy Ranch. We have one more with land owners to do for our 1st go around. Woodcrest - Fagundes
Comm Dev. - Staff met with the owners for Legacy Ranch to discuss the conceptual revisions to CFD 2006-1.
Staff received a lot line adjustment application. Once the lot line adjustment is processed, the developer plans to sell the easterly On Hold
On Hold Council Meeting 09/27/2022 Lone Oak Subdivision Weekly
Activities
Report
June 25 - July 1, 2023
Staff attended a meeting with the Lone Oak Developer regarding the next steps for the project. The main topic of discussion was the proposed phasing plan proposed by a perspective builder.
On Hold
Completed Council Meeting 05/09/2023 Planning Commission Schedule Meeting Times Update Consent
3.3 Consideration and adoption of a City Council
Resolution (29-23) Amending the Time of Regularly
Scheduled Commission Meeting (Hamilton)
Reason for Recommendation: To reaffirm the Planning Commission Resolution No. 23-04, amending the Regular Planning Commission meetings time from 7:00 p.m. to 5:00 p.m.
Action: Approved by Council Reso 23-23. 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.
Council Meeting 05/30/2023 CalHOME Program FY 22/23
Consent
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.
Actions following approval: The resolution and budget
amendments will be sent to the Finance Department for inclusion into the FY 22/23 Budget.
14 City of Chowchilla Excel PMP
April - June 2023
New Business
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
Motion by Mayor Pro Tem Smith, Seconded by Council Member to approve City Council Resolution 38-23, Rejecting a Bid for the HOME Service RFP Published on April 1, 2023
Actions following approval: Execution of Agreements with SHE; Ensure Budget Adjustment is processed; Implementation of the HOME Program within the Community.
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
Approving a subrecipient agreement with Self-Help Enterprises (SHE) to implement the City's 2018 HOME Program; City Council Resolution No. 40-23;
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 (PI) Programs (Hamilton)
Approving a subrecipient agreement with Self-Help Enterprises (SHE) to implement the City's 2019 HOME Program and Program Income (PI) program, Authorizing the City Administrator to Execute both agreements; City Council Resolution NO. 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.
Wkly Activities
Update June 4 - June 10, 2023
Staff was informed that the 18-HOME-12587 Grant Award was extended for an additional 15 months.
Completed Council Meeting 06/13/2023 General Plan Amendment Application No. 23-0006 Public Hearing
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)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to approve City Council Resolution #45-23, 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 the Resolution. Motion passed unanimously by roll call vote.
Action 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.
In Progress Council Meeting 06/13/2023 House Element 2024-2032 New Business
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)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Ahmed to Approve City Council Resolution 47-23, 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.
Motion passed unanimously by roll call vote.
Actions Following Approval: Execution of Contract, Housing Element Kick-Off Meeting.
15 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report June 11 - June 17, 2023
Admin - Had a meeting with Mark and consultants regarding the work the County is doing on the Housing Element. Wheat they need from us to complete and how it will help reduce the scope of work our consultants will need to do. Mark will be following up with them.
Staff had a meeting with MCTC regarding the City's upcoming Housing Element.
Wkly Activities
Report June 18 - June 24, 2023
Staff began working with the consultant selected to assist the City with the preparation of the Housing Element. The City anticipates executing the agreement within the next couple weeks.
Council selected a vendor to begin the project. Staff had a kick-off meeting to get the project started. Staff provided the vendor with all the relevant documentation required to start.
In Progress
Completed Council Meeting 06/13/2023 Commercial Incentive Program New Business
6.4 Consideration and Adoption of a City Council
Resolution 48-23 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)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve City Council Resolution 48-23, Approving a Commercial Incentive Program to Reduce the Start Up Cost of Businesses Construction New Facilities on Land Within the City Zoned C-N, C-S, CH, Mc, and MX-D. Motion Passed unanimously by roll call vote.
Action Following Approval: The City will establish the Industrial Incentives Program outlined in Resolution No. 48-23. The program shall be effective from July 1, 2023 to June 30, 2025, unless extended by separate City Council action.
Completed
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April - June 2023
In Progress Council Meeting 2/25/2020 Strategic Planning Workshop In Progress Council Meeting 02/07/2023 Centennial Celebration Wkly Activities
Report March 12 - April 1, 2023
Working on Centennial Events - Graphic Design and posting of messages - Centennial Dinner, Centennial Challenge Coins, Centennial TShirts. Website - Centennial Invitation, Centennial Sponsorship info.
Working on Centennial Events and Dinner.
Wkly Activities
Report April 2 - April 8, 2023
Picked up large posters for Centennial, Working on Centennial Events and Dinner, process ticket sales.
Wkly Activities
Report April 9 - April 15, 2023
Working on Centennial Events and Dinner, process ticket sales, Centennial Merch.
Wkly Activities
Report April 16 - April 22, 2023
Plan and coordinate Centennial Tree Planting Event. Working on Centennial Events and Dinner, process ticket sales, Centennial Merch.
Wkly Activities
Report April 23 - April 29, 2023
Host Centennial Tree Planting Event. Continue working on Centennial Events and Dinner, processing ticket sales and Centennial Merch.
Com Dev. - Staff attended the Chowchilla Centennial Tree Planting Ceremony.
Weekly Activities
Report April 30 - May 6, 2023
Centennial Community Night with the Grizzlies, Parade Entries Due.
Working on fair booth, and making float. Working on centennial Events and Dinner, processing ticket sales, Centennial merch, Sponsorship Letters.
Weekly Activities
Report May 7 - May 13, 2023
Setup and worked the City Booth at the Fair. Constructed the City's Centennial Float. Working on Centennial Events and Dinner, processing ticket sales, centennial merch, sponsorship letters.
Wkly Activities
Report Summer Swim April 30 - May 6, 2023
Finalizing items for Open Swim Program
Community Engagement PMP Spreadsheet
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April - June 2023
Wkly Activities
Report Summer Swim May 7 - May 13, 2023
Website worked with Customer service configuring the Open Swim on digital registration, repaired link issues on events, worked on programing all summer events for online sign ups in Rec software.
Wkly Activities
Report May 14 - June 10, 2023
Continue to push marketing for Chowchilla Centennial Night with the Grizzlies. Working on Centennial Events and Dinner, processing ticket sales, Centennial merch, Sponsorship letters.
Wkly Activities
Report May 21 - May 27, 2023
Centennial Swag, Centennial merchandise, Sponsorship Letters, Working on Centennial events and dinner. Attended Centennial night with the Grizzles.
Com. Dev - Staff attended the Fresno Grizzles Baseball game. The game was well attended as was part of the 100 Year Centennial Celebration for the Community.
Wkly Activities
Report June 11 - June 17, 2023
Centennial tickets and coins sold a MIP, Working on Centennial Events and Dinner, processing ticket sales, Centennial Merch, Ticket Sales.
Wkly Activities
Report June 18 - June 24, 2023
Working on Centennial Events and Dinner, purchased supplies and décor for the event, sponsorships, processing ticket sales, Centennial Merch.
Meeting planned for Friday 07/08/2023 to discuss the Centennial Party in the Park and the Time Capsule Reveal.
Wkly Activities
Report June 25 - July 1, 2023
Centennial Hats for Sale. Planning the Party in the Park July 14th for Centennial. Working on Centennial Events and Dinner, purchased supplies and décor for event, sponsorships, processing ticket sales, Centennial Merch.
In Progress
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April - June 2023
In Progress Council Meeting 01/12/2021 CFD - GREENHILLS Wkly Activities
Report June 25 - July 1, 2023 (Admin)
Had a meeting with NBS and the Greenhills & Pheasant Run bond legal team. Discussed what to do with any cash on hand or monies that come in after the Greenhills bond were issued for.
Considering using towards Well 16 which will be on the east side.
Also discussed Pheasant Run and the delinquencies. I directed them to proceed with delinquency letters.
In Progress
In Progress Council Meeting 04/09/2019 Financial Software Tyler Wkly Activities
Report March 26 - April 1, 2023
Com. Dev. - Staff attended a training session for the new Tyler software. Staff still hasn't been able to work in the system as of this week. Staff discussed the with the trainer the City's business license process.
Wkly Activities
Report April 9 - April 15, 2023
Com. Dev. - Staff participated in the Tyler Training session regarding the City's business license process.
Wkly Activities
Report April 16 - April 22, 2023
Implementing Tyler Software. Staff trying to finalize final modules - Payroll, ComDev., Utilities & Fixed Assets. Met with Tyler to finish and test out the Business License Module
Wkly Activities
Report April 23 - April 29, 2023
Implementing Tyler Software - Still trying to finalize final modules - Payroll, ComDev, Utilities & Fix Assets. Met with Tyler to finish and test out the Business license Module.
Com. Dev - Staff met with the Tyler staff regarding the Business License module going "Live" this week. During the discussion staff inquired about the ComDev module and was informed they were waiting to upload the information
provided until after the Business License portion of the CD module was live. They mentioned they would be working
with ComDev staff over the next couple weeks to train and have the ComDev Module potentially "Go Live" at the end of May.
Wkly Activities
Report April 30 - June 10, 2023
Implementing Tyler Software. Still trying to finalize final modules - Payroll, ComDev., Utilities & Fixed Assists.
Finance Department PMP Spreadsheet
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April - June 2023
Wkly Activities
Report May 21 - May 27, 2023
Com. Dev - Staff attended the Permit Training meeting which proved beneficial for ComDev Staff. Staff were able to print a couple building permits using the New Tyler Program. Staff is working with the vendor to work out the minor issues staff is having with the software to see if they can be corrected to help streamline the process.
Wkly Activities
Report May 28 - June 3, 2023
Com. Dev - Staff attended to Tyler Software trainings. Staff has started to input various types of permits and in the process of compiling a list of items that need to be corrected before ComDev can start using full-time.
Wkly Activities
Report June 11 - July 1 , 2023
Implementing Tyler Software. Still trying to finalize final modules - Payroll, ComDev., Utilities & Fixed Assists. Met with Tyler and we are getting ready to Beta Test ESS to switch everyone over from Executime.
Wkly Activities
Report June 25 - July 1, 2023 (Admin)
Met with Community Development staff to discuss remaining issues with the permitting module of Tyler. I believe we have resolved the issues we can and should be moving forward. We are currently in a "live" version and using the software.
Com. Dev. - Staff is in the process of drafting their challenges with the new Tyler software. Staff is experiencing a number of challenges type to create a building permit and schedule inspections within the current software package.
In Progress
In Progress Council Meeting 01/11/2022 Infill - CFD
Wkly Activities
Report April 2 - April 8, 2023
Admin - Mark is scheduling meetings with land owners in the CFD to discuss the refunding we are proposing. The refunding will put more assessments on vacant land right now but will be more beneficial once they are developed. It will be voted on by registered voters but we want the land owners to know what we are proposing so they are on board with it. It is very beneficial to them from a marketing standpoint but not so much as long as their properties stay undeveloped.
Wkly Activities
Report May 14 - May 20, 2023
Staff met with last large property owner regarding the proposed modification to CFD 2006-1. The preliminary discussions are completed, staff will be working on the next steps of preparing more concrete numbers for consideration.
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April - June 2023
Wkly Activities
Report May 28 - June 3, 2023 (Admin)
Having a meeting scheduled for next weekly with Wulff Hansen to discuss the CFRD revised presentation for property owners and the options for the Treasuries that will be maturing on 6/30.
Wkly Activities
Report June 4 - June 10, 2023
Admin - Had a CFD refunding meeting with Wulff Hansen to discuss the next step. They have out together a more detailed presentation that will show the individual property owners how much their assessments would be under the proposed model.
We are now looking to start scheduling our 2nd meeting with the Land owners.
Com. Dev - Staff met with our consultant regarding CFD 2006- 1 and the next steps needed to start the next round of
conversations with the property owners.
Wkly Activities
Report June 11 - June 17, 2023
Admin - Met with our Underwriters for lunch to discuss our CFD refunding. They were in the valley meeting with other cities as well.
In Progress
Completed Council Meeting 03/30/2023 Goal Setting Workshop - Budget FY 2023/24 Workshop
1.1 Discussion Regarding Fiscal Year 2023/2024 Goals and Priorities to Incorporate into the Budget (Pruett)
Staff went around the table, addressing each department's 2023/24 fiscal year budget requests. Then, the Council reviewed the survey results that residents and stakeholder submitted online. Budget was approved 6/27/2023
Completed
Completed Council Meeting 04/11/2023 Audit FY 2021-2022 New Business
6.1 Presentation and Acceptance of the City's Fiscal Year 2021-2022 Financial Statement Audit (Pruett)
Annually, the City has a financial statement audit performed by an independent audit firm which is presented to Council for acceptance.
Motion by Council Member Troost, Seconded by Mayor Pro
Tem Smith to Accept the City's Fiscal Year 2021-2022
Financial Statement Audit. Motion passed unanimously by roll call vote. Action Following Approval: Any journal entries proposed by the auditors will be uploaded to our system.
The books for Fiscal Year 2021/2022 will be formally closed.
Completed
Completed Council Meeting 04/25/2023 Quarterly Financial Review New Business
Presentation of the City's Fiscal Year 2020/2021 Financial Statement Audit (Pruett)
Review the Quarterly Financial Investment Report Informational Only 21 City of Chowchilla Excel PMP
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Completed
Completed Council Meeting 06/13/2023 FY 2023/24 Budget
New Business
6.1 City of Chowchilla 2023/24 Fiscal Year Budget
Workshop. (Williams)
Presentation will be available at the meeting. Action: None Wkly Activities
Report June 11 - June 17, 2023
Admin - Worked on the Budget with Kerri.
Wkly Activities
Report June 18 - June 24, 2023
Completed the Budget FY 23-24
Council Meeting 06/27/2023
New Business
6.2 Consideration and Adoption of Resolution Adopting the 2023/24 Fiscal Year Annual Budgets for:
Action Following Approval: Upon signatures, City Clerk to return documents to Kerri Williams - Finance Director.
a.) City Operating and Capital Budget: Motion by Council Member Chavez, Seconded by Council Member Troost to Adopt City Council Resolution #50-23,
Adopting the Budget of the City of Chowchilla for the fiscal Year July 1, 2023 through June 30, 2024. Motion passed
unanimously by roll call vote.
b.) Redevelopment Successor Agency Budget: Motion by Board Member Chavez, Seconds by Vice Chair Smith to Adopt Chowchilla Redevelopment Successor Agency Resolution #02-23, Adopting the Chowchilla Redevelopment Successor Agency Operating Budget for Fiscal Year
2023/2024. Motion passed unanimously by roll call vote. c.) Public Financing Authority Budget: Motion by Board Member Chavez, Seconded by Vice Chare Smith to Adopt Chowchilla Public Financing Authority
Resolution 301-23, Approving the Chowchilla Public Financing Authority Budget for the Fiscal Year 203/2024. Motion
passed unanimously by roll call vote.
d.) Gann Appropriation Limits; and Motion by Council Member Chavez, Seconded by Council member Troost to Adopt City Council Resolution #51-23,
Establishing the Appropriation Limit for Fiscal Year 2023- 2024. Motion passed unanimously by roll call vote.
e.) Amending the Salary Scale (Williams) Motion by Council Member Chavez, Seconded by Mayor Pro Tem Smith Adopt City Council Resolution #52-23, Amending the Approved City of Chowchilla Salary Scale for the
Following Period: July 1, 2023 Through June 30, 2024.
Motion passed unanimously by roll call vote.
Completed
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April - June 2023
23 City of Chowchilla Excel PMP
April - June 2023
On Going Council Meeting 6/27/2017 Madera County Fire Station In Progress Council Meeting 2/25/2020 Fire Department Expansion Status Update July 2023
In Progress
Completed Council Meeting 03/14/2023 Weed Abatement
Consent
3.6 Consideration and Adoption of a City Council Resolution Declaring the Existence of a Public Nuisance by Virtue of Certain Weed Growth (Gaumnitz)
Actions following approval: Administrative services office to forward a copy of the executed resolution to the Community & Economic Development Department to process. Community & Economic Development Department to arrange for publication in local newspaper. Motion by Mayor Pro Tem Smith, seconded by Council Member Troost to approve the consent calendar as presented. Motion passed with Council Member Chavez absent. Approve Council Resolution No. 16-23.
Council Meeting 05/30/2023
Public Hearing
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
Actions following approval: Consistent with past practices, the Finance Department will issue billings to these property owners.
Should delinquency occur, a property lien will be filed. 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. No one come forward for or against the item.
Completed
Completed Council Meeting 06/27/2023 Aerial Fireworks Display Consent
3.4 Consideration and Approval of the Aerial Fireworks Display at the Chowchilla Fairground on July 8, 2023. (Gaumnitz) Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
Actions Following Approval: Verify receipt of City application, State application, and insurance certificates. Public Works (As Airport Manager) to post NOTAM for airport, notifying of aerial fireworks.
Completed
Fire Department PMP Spreadsheet
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April - June 2023
Council Meeting 05/09/2023 Military Equipment Use
Consent
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)
Reason for Recommendation: Staff recommends that the City Council approve the Military Equipment Use Policy, Policy 705 of the Chowchilla PD Policy Manual, and the Annual Military Equipment Report. The Policy and ordinance which adopted the policy must be renewed annually to allow the Department to continue using existing military equipment in the Department's inventory and acquire new equipment for operational needs. Policy 705 Ordinance 509-22, and the Annual Military Equipment report comply with the requirements of AB 481 (codified in Gov. Code Section 7072) and each type of equipment identified in the Annual Report has complied with the applicable standards in Government Code section 7071(d).
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.
Completed
Completed Council Meeting 06/13/2023 Abandoned Vehicles Dispute Public Hearing
4.1 Consideration of a Public Hearing per Municipal Code Section 10.40 - Abandoned Vehicles (Palmer)
577 Howell Road - 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.
No Action; subject who requested the public hearing left the meeting prior to item on Agenda.
Completed
Police Department PMP Spreadsheet
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April - June 2023
On Going Council Meeting 3/28/2017 (SR 99/233 Interchange) ACTIONS FOLLOWING APPROVAL: Implement the direction of the City Council.
Wkly Activities
Report
April 2 - April 8, 2023 Attended meeting with Caltrans and MCTC staff to discuss progress on the Roundabouts Environmental documents.
Caltrans is still on track to complete by July 2023. Looking to circulate the draft ISMND in May 2023.
Wkly Activities
Report
May 7 - May 13, 2023 Attended meeting with Caltrans for the 99/233 Chowchilla Interchange Project for a monthly status update. The proposed initial study / mitigated negative declaration (ISMND), has been released for public comment. Public review and comments are due by May 28, 2023. No comments have been received yet.
Wkly Activities
Report
May 21 - May 27, 2023 (Admin) Have a meeting with Caltrans next week to discuss the north leg of the Roundabout. To give direct access to the Rancho Calera commercial development. Previously they said no to direct access and wanted people to use Genoa. Rancho submitted another revised plan with a street that would have turns into the commercial.
Wkly Activities
Report
May 28 - June 3, 2023 (Admin) Jason, Waseem and Rod attended a meeting with Caltrans.
Discussing the Roundabout and access into the commercial property in the Rancho Calera project. Seems like Caltrans is now more willing to allow it and they are looking at the original design submitted by Ranch with the north leg of the roundabout going directly into Commercial center. This is a big win for the commercial development and the 1st time Caltrans has really said yes to anything.
Public Works - Attended meeting with Caltrans staff to
discuss Rancho Calera commercial development and access into the development from the proposed roundabout
project. The public comment period for the Initial
Study/Mitigated Negative Declaration (ISMND) completed.
Caltrans will review any comments received and provide an update to the City and MCTC. MCTC will work with Caltrans to set up a MOU with Caltrans for design and right-of-way acquisition.
Public Works Department PMP Spreadsheet
26 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report
June 4 - June 10, 2023 Attended the 99/233 Chowchilla Interchange Project Monthly Status update meeting. The public comment period for the initial Study/Mitigated Negative Declaration (ISMND) completed.
Caltrans is reviewing comments received and working on
responses. MCTC is working with Caltrans to set up a MOU with Caltrans for design and right-of-way acquisition. Received project report from Caltrans for review an comments. Comments due 6/13.
Wkly Activities
Report
June 11 - June 24, 2023 Attended Chowchilla 99/233 Chowchilla Interchange Discussion meeting with Caltrans and MCTC. Project unfortunately did not receive funding from the State's LPP Competitive Grants Program.
THE CA Transportation Commission (CTC) received 37 grant applications and recommended award to 11 projects.
On Going
On Going Council Meeting 6/27/2017 (Former Library) Structural Evaluation - Advanced Structural Design waiting for report
Wkly Activities
Report March 26 - April 1, 2023
Met with City attorney to discuss the draft MOU with the Chowchilla Historical Society.
Wkly Activities
Report April 23 - April 29, 2023
Historical Society - loaded up bricks on trailer and hauled to the home on Rd 15 1/2. The historical societies fork life broke down so we stopped. There are about 12 pallets of bricks left.
Council Meeting 05/09/2023
Deferred
Business
5.1 Consideration and Adoption of a City Council Resolution (31- 23) authorizing the City Administrator to Execute a Memorandum of Understanding (MOU) with the Chowchilla Historical Society (Rogers)
Action following approval: Execute the MOU and notify the Chowchilla Historical Society that they can submit an
application to the State for consideration of State Historical Designation. 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 (MOU) with the Chowchilla
Historical Society, and Amending the MOU with Clarifying Language by the City Attorney. Motion passed with Council Member Ahmed absent.
27 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report May 28 - June 3, 2023
Received updated Former Library MOU and sent to the Historical Society for execution.
On Going
On-Going 6/06/2016 (Fairmead WWTP Project)
Wkly Activities
Report April 9 - April 15, 2023
Admin - Jason attended a meeting with State Water Resources Control Board regarding the Fairmead Consolidation project. We had High Speed Rail and a representative from Soria's office there as well.
SWRCB is willing to let us incur costs with the project even though we have not been awarded the grant yet which is a good sign it will get approved and it is just a timing issue.
Public Works - Attended meeting with the State Water Resources Control Board, Self-Help Enterprises and Leadership Counsel to discuss progress on the Fairmead Sewer Consolidation Project.
Wkly Activities
Report April 16 - April 22, 2023
Compiled and provided information on the Fairmead Sewer Consolidation Project for High Speed Rail design team.
Weekly
Activities
Report
April 30 - May 6, 2023
Attended Self Help Enterprises Valley Water Tour as a guest speaker.
Primary focus was to discuss the Fairmead Sewer Consolidation Project and gather additional support form the community.
Weekly
Activities
Report
May 7 - May 13, 2023
Jason and Rod attended a meeting with a lot of agencies regarding the Fairmead Consolidation project. She and Leadership Counsel provided results of a survey they did which showed 90+% of the people sampled supported the project. The State Water Resource Control Board (SWRCB) said they will review these results and see if that is enough to approve the project and get started to the final Technical Review and Funding agreement. That is a 5 - month process. The final funding will be based on the number of Right of Entries (ROE's) we ultimately get.
They will pay up to $125,000 per ROE. High Speed Rail and Assembly Women Soria's representative were on the call and expressed their support for the project.
28 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report May 14 - May 20, 2023
Attended Fairmead Water Planning study kick-off meeting with Madera County. They received a planning rant from the State and on e of the requirements of the grant is for the study is to look into the possibility of consolidation with Chowchilla's water system. The City expressed skepticism to the feasibility, as did their contract engineer (Woods Rogers Engineering), but will continue to attend future meetings.
Wkly Activities
Report June 4 - June 10, 2023
Attended Fairmead Sewer Consolidation Project funding update meeting with the State, Leadership Counsel, and Self Help Enterprise (SHE).
Wkly Activities
Report June 25 - July 1, 2023 (Admin)
Attended a Fairmead Sewer project meeting with Jason and consultants. Discussed the process to obtain the necessary Right-ofEntries to get the project and grant funds approved by the State Water Resources Control Board. We have received more and are around 40 but we need at least 90 to get approval and need 130 to get the full amount of funding needed. The issue is there are a lot property owners that don't live there. Leadership Counsel has not had many objections when they are able to connect with owners. It is really just getting a hold of them.
Public Works - Attended Fairmead Wastewater Consolidation Project meeting with the SWRCV, Self Help Enterprises and Leadership Counsel.
On Going
In Progress Council Meeting 01/22/2019 (Robertson Blvd Beautification Project) Contract Signed with Caltrans Wkly Activities
Report March 19 - April 8, 2023
Worked on Local Partnership Program (LLP) Formula Funds Application. These funds are made available to MCTC, who then passes them through to the local agencies. Chowchilla estimated amount to receive is $126,000.00, which will be applied to the Chowchilla Blvd. Project.
Weekly
Activities
Report
April 30 - May 6, 2023
Worked on updated Local Partnership Program (LPP) formula allocation request for Chowchilla Blvd. Rehab Project and resubmitted to Caltrans for review. 29 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report June 11 - June 17, 2023
Attended meeting with Caltrans to discuss a future Capital Preventative Maintenance (CAPM) Project for Robertson Blvd.
Caltrans stated that they have an opportunity to improvements, Sidewalks and curb ramps. Requirement of the funding states that complete street elements such as bicycle lanes need to be included. Caltrans wants to present to Council to see if they are interested. It was stated to them that any reduction of lanes wat not an outcome that was support by the community.
What is the status on the LLP Funds Grant Application?
Wkly Activities
Report June 18 - June 24, 2023
Robertson Blvd Palm Tree Trimming prep - staff contacted Caltrans to follow up to make sure encroachment and lane closure are good. Call West Coast Arborist to make sure they are ready to proceed Monday.
Wkly Activities
Report June 25 - July 1, 2023
Robertson Blvd Palm Tree Trimming - West Coast Arborist continued work.
In Progress
On Going Council Meeting 01/22/2019 (Storm Drainage Improvements) Wkly Activities
Report April 16 - April 29, 2023
Received the 100% design plans for the Prop 1 - Urban Runoff Project (Sonoma Storm Drainage Project) Reviewed and submitted to SWRCB for review and comments.
Status Update?
Kings Ave Storm Drain & Sonoma Storm Drainage Improvement? On Going
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April - June 2023
In Progress Council Meeting 4/23/2019 FLEET
Wkly Activities
Report
January 1 - January 7, 2023 (Administration) Have a follow up meeting set up for next week with Enterprise Fleet Management. To get more numbers on including PD
vehicles in our replacement plan. We are looking to lease vehicles which will enable us to get more new vehicles each year.
We will then turn them in every few years to get a good resale value. This will enable us to update our fleet and minimize our maintenance costs. Enterprise will be able to help with our issue of actually getting vehicles in a timely manner.
Wkly Activities
Report
January 8 - January 14, 2023 (Administration) Met with staff and Enterprise Fleet to further discuss a fleet leasing plan.
Public Works - Attended meeting with Enterprise to further discuss their Enterprise Fleet Management program.
Wkly Activities
Report
January 15 - January 21, 2023 Attended meeting with Enterprise to further discuss their Enterprise Fleet Management Program.
Wkly Activities
Report
January 29 - February 4, 2023 (Administration) Met with Enterprise Fleet Management. We have to run the numbers for the budget to make sure we can do the plan but I am leaning towards doing it. It will be less money on maintenance and keep our fleet newer. Also can help us with the current problem of vehicles taking a long time to even receive.
Public Works - Attended meeting with Enterprise for their Fleet Management Program. Draft costs were submitted.
Staff asked for finalized draft budget information to present to Council.
Status Update?
In Progress
In Progress Council Meeting 11/12/2019 68 Proposition
In Progress Council Meeting 11/12/2019 AIP Project List Wkly Activities
Report April 2 - April 8, 2023 Reviewed CatEX environmental documents for future potentialairport projects and submitted to the FAA.
Council Meeting 05/30/2023
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April - June 2023
Consent
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)
Actions following approval: Filing of the Notice of
Completion with Madera County Recorder. Release of 5%
retention in the amount of $9,259.25 to Vellutini Corporation dba Royal Electric Company. Motion by Council Member
Ahmed, Seconded by Council Member Troost to approve the consent calendar as presented. Motion passed unanimously by roll call vote.
In Progress
On Hold Council Meeting 1/14/2020 (Boat Races) Possible Summer Season On Going Council Meeting 03/09/2021
Submitted CDBG Funding Application Waiting Response
[Kings Ave Storm Drain Project & ADA Sidewalk
Improvement Project]
Wkly Activities
Update
April 23 - April 29, 2023 Attended meeting with HCD to discuss CDBG Planning Grant Applications. HCD requested additional edits and
documentation. Compiled and edited as requested and
submitted to HCD for review and approval. Planning grant would provide approx. $188,000 for design of Storm drain
improvements on Kings Ave.
On Going
In Progress Council Meeting 06/08/2021 Humboldt Storm Drainage & Street Reconstruction Project Wkly Activities
Report April 2 - April 8, 2023
Worked on CRSAA funding documents for Caltrans. Funds will be applied to the Humboldt Project.
Wkly Activities
Report April 9 - April 15, 2023
Met with inspector and contractor to review punch list items. Street stripping redone and completed. Worked on CRSAA funding documents for Caltrans. Funds will be applied to the Humboldt Project.
Wkly Activities
Report April 16 - May 6, 2023
Worked on SRSAA funding documents for Caltrans. Funds will be applied to the Humboldt Project.
32 City of Chowchilla Excel PMP
April - June 2023
Wkly Activities
Report May 28 - June 10, 2023
Working with engineers to begin closeout of the Humboldt Storm Drainage Project.
Wkly Activities
Report June 11 - June 17, 2023
Admin - Had a meeting with CDBG and Community Development Department. Discussed the issues we are having getting the use of our Program Income for the Humboldt storm drain project. He have gotten 3 different approvals over the last 4 years and I think we finally have something figured out now. It is for $1M and the project is done so we needed to get this fixed.
Working with engineers on closeout of the Humboldt Storm drainage Project.
In Progress
In Progress Council Meeting 07/27/2021 Transient Ag Use @ Airport In Progress Council Meeting 10/26/2021 Well Installation - Pheasant Run, LLC In Progress Council Meeting 07/26/2022 - JNT RDA Street Crossing Safety In Progress Council Meeting 12/13/2022 Well No. 15
In Progress
Completed Council Meeting 03/14/2023 OpenGov - Software Wkly Activities
Report April 9 - April 15, 2023
Attended meeting with OpenGov to begin set up of the new procurement software and scheduling of staff training.
Wkly Activities
Report April 23 - April 29, 2023
Attended two training meetings with OpenGov on how to use the software to create RFP's, ITB, etc. ComDev worked with OpenGov on the Housing Element RFP and released April 28th.
Wkly Activities
Report April 30 - May 13, 2023
Attended training meeting with OpenGov on how to use the software to create RFP's, ITB, etc. Created draft Notice Inviting Bids (NIB) for the Robertson/Kings & Robertson/Trinity Alley Paving project. Bid to be releases Monday 05/08/2023.
Wkly Activities
Report May 14 - May 27, 2023
Attended OpenGov bid software training.
Wkly Activities
Report June 18 - June 24, 2023
Attended OpenGov Training.
33 City of Chowchilla Excel PMP
April - June 2023
Completed
Completed Council Meeting 04/25/2023 Thiel Air Care, Inc. Airport Land Lease Consent
3.7 Consideration and Adoption of a City Council Resolution Authorizing the City Administration or designee to Execute an Airport Land Lease Agreement with Thiel Air Care, Inc. (Rogers) Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve the Consent Calendar as Presented. Motion passed by roll call vote with Council Member Ahmed absent.
Action Following Approval: The City Administrator or designee will execute the agreement. Recorded Lease with the Madera County Recorders Office No. 2023008566
Completed
Completed Council Meeting 06/13/2023 SB1 RMRA
Consent
3.4 Consideration and Adopting of a City Council Resolution Designating Eligible Projects for Fiscal Year 2023/24 Funded by SB1 Road Repairs and Accountability Act of 2017 (Rogers) Motion by Council Member Troost, Seconded by Council Member Chavez to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
Actions Following Approval: The Resolution will be uploaded to the California Transportation Commission's CalSMART system and secure funding for the project.
Completed
Completed Council Meeting 06/13/2023 LLMD NO. 90-1
Consent
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
Motion by Council Member Troost, Seconded by Council Member Chavez to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
Action 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
Council Meeting 06/27/2023
New Business
6.1 Consideration and Adoption of a City Council Resolution Of Intention to Levy and Collect the Annual Assessment for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla. (Rogers)
Action Following Approval: The Notice for the required Public Hearing will be published in a newspaper of general circulation within the City, a minimum of ten (10) days prior to the date set for the Public Hearing. Motion by member Troost , Seconded by Mayor Pro Tem Smith to Approve City Council Resolution 49-23, of Intention to Levy and Collect the Annual Assessment for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla. Motion passed unanimously by roll call vote.
Completed
34 REPORT TO THE CITY COUNCIL
Item 6.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: July 25, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration to Increase Fireworks Booth Sales Permits PREPARED BY: Fred Gaumnitz, Fire Chief
ATTACHMENTS: Chapter 8.24 of the City of Chowchilla Municipal Code, Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☐ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approve a resolution adding an additional permit to the biennial drawing held during a council meeting, increasing Fireworks Sales Permits from 4 (four) permit holders (Including VFW) plus 1 (one) to 5(five) permit holders (Including VFW) plus 1 (one).
BACKGROUND:
This is a biennial lottery draw to select organizations that want to setup a temporary booth for the sale of Safe & Sane fireworks within the city limits of the City of Chowchilla.
Per current Council Resolution # 410-99, the City shall grant no more than four two-year permits to sell fireworks. Section 8.24.060-sec B, titled “Fireworks sales – Permit requirements”, states “The City Council, or its designee, upon written application as provided in this chapter and subject to the provisions of this chapter, may grant to any certified applicant a permit to sell fireworks; provided, that no more than four (4) permits to sell fireworks shall be granted in a calendar year. When the total number of residential dwelling units located within the City exceed three thousand (3000) units, the City Council may consider increasing the number of permits.”
Current Total Number of Housing Units: 3,810.
FISCAL IMPACT:
The addition of a Fireworks Sales Permit has the potential of reducing the share of sales from the currently selected four permits. It would also give a fifth non-profit the ability to raise funds for their organization.
ACTIONS FOLLOWING APPROVAL:
Community and Economic Development Department will notify the fifth applicant of the granting of fireworks permit, and coordinate activity, application process and permitting process with the Fire Department.
X
- CODE OF ORDINANCES
Title 8 - HEALTH AND SAFETY
Chapter 8.24 SALE, USE AND POSSESSION OF SAFE AND SANE FIREWORKS Chowchilla City, California, Code of Ordinances Created: 2023-05-01 09:25:18 [EST] (Supp. No. 18, Update 1)
Chapter 8.24 SALE, USE AND POSSESSION OF SAFE AND SANE FIREWORKS
8.24.010 Resolution prohibiting sale and/or setting off of fireworks.
The City Council finds and determines that upon a finding that the public health, welfare, and safety requires it, the City Council can by resolution prohibit the sale or setting off of safe and sane fireworks, or both. (Ord. 410-99 § 2 (part), 1999)
8.24.020 Use prohibited generally—Exceptions.
No person, other than as permitted in this chapter, shall explode any rocket, firecracker, Roman candle, torpedo, torpedo cane, black cartridge, or other combustible device or explosive substance or any fireworks, by whatsoever name known, within the City; provided, that public displays of fireworks may be given with permission of the City Council under a competent director who, in the opinion of the Council, understands explosives. (Ord. 410-99 § 2 (part), 1999)
8.24.030 Penalty for discharge of fireworks.
Any person who discharges or explodes any rocket, firecracker, Roman candle, torpedo, torpedo cane, black cartridge, or other combustible device or explosive substance or any fireworks, by whatsoever name known, except for safe and sane fireworks as defined in the State Fireworks Law, without a permit duly issued by the City Council, which permit shall designate the place, time of firing or discharging and the number of discharges authorized (copy of which permit shall be filed with the City Clerk before such firing or discharging and the number of discharges authorized), is guilty of a misdemeanor.
(Ord. 410-99 § 2 (part), 1999)
8.24.040 Safe and sane fireworks.
A. "Safe and sane fireworks" shall have that same meaning ascribed in the State Fireworks Law (Division 11, Part 2 of the California Health and Safety Code), as that law is amended from time to time.
B. Safe and sane fireworks may not be sold within the City except between the dates and times established by the State Fireworks Law. Safe and sane fireworks may be discharged for the seven (7) days prior to and including July 4th of each year.
C. Reserved.
(Ord. 410-99 § 2 (part), 1999)
(Ord. No. 468-14, § 1, 3-11-2014)
Created: 2023-05-01 09:25:18 [EST]
(Supp. No. 18, Update 1)
8.24.050 Dangerous fireworks.
No fireworks shall be sold, offered for sale, discharged or used within the City except for safe and sane fireworks.
(Ord. 410-99 § 2 (part), 1999)
(Ord. No. 468-14, § 2, 3-11-2014)
8.24.060 Fireworks sales—Permit requirements.
A. It is unlawful for any person, business, firm, or corporation to sell fireworks within the City without having first complied with all requirements of the State Fireworks Law and applied and received a City permit therefor.
B. The City Council, or its designee, upon written application as provided in this chapter and subject to the provisions of this chapter, may grant to any certified applicant a permit to sell fireworks; provided, that no more than four (4) permits to sell fireworks shall be granted in a calendar year. When the total number of residential dwelling units located within the City exceed three thousand (3000) units, the City Council may consider increasing the number of permits.
C. Reserved.
(Ord. 410-99 § 2 (part), 1999)
(Ord. No. 468-14, § 3, 3-11-2014)
8.24.070 Application for permit—Contents.
A. Any person or entity desiring to sell fireworks within the City and to obtain a permit therefor, pursuant to this chapter shall file an application between the first business day and the last business day of June of each year. On delivery of the application to the City, the applicant shall pay a permit fee of fifty dollars ($50.00) or as the Council may determine from time to time by resolution.
B. The application shall contain the following information:
1. Names, addresses, phone numbers, business address and federal tax identification number of the applicant (if the applicant is a corporation, association or partnership, the application shall set forth a described information for each and every owner, partner and manager);
2. Description of the business organization of the applicant (i.e., sole proprietorship, corporation, partnership, etc.) and in the case of a corporation, shall, upon request, include copies of the corporation's articles of incorporation and bylaws;
3. Description of the location of the intended fireworks sales;
4. A copy of the license issued in accordance with the State Fireworks Law authorizing the applicant to sell fireworks;
5. An assurance by the applicant that if the license is issued to the applicant, the applicant shall, at the time of receipt of such license, deliver to the city a one-million-dollar ($1,000,000.00) public liability and property damage insurance policy, and products liability insurance of one-million- dollars ($1,000,000.00) with riders attached to the policies designating the City as an additional insured thereunder;
Created: 2023-05-01 09:25:18 [EST]
(Supp. No. 18, Update 1)
6. Include a statement that the applicant agrees to comply strictly with the terms of any retail permit granted it and furnish additional information upon request of the City. (Ord. 410-99 § 2 (part), 1999)
8.24.080 Method of selecting licensee and notice of granting or rejection of license—Permit priorities.
A. In granting the permits to sell fireworks, the City shall give priority to applications as follows: first, to all veterans' organizations as defined in Section 1800 of the California Military and Veterans Code with their principal place of business in the City of Chowchilla; second to nonprofit corporation with their principal place of business in the City of Chowchilla. If the number of applications exceeds the number of permits to be issued, then veterans' organizations shall have first priority for the available permits, and if there are any additional permits available, such additional permits shall be granted by a random drawing supervised by the City Clerk during one of the City Council's regular Council meetings in the month of July.
B. In connection with the issuance of any permit pursuant to this chapter, the Council may impose reasonable conditions to protect the health, safety and welfare of the inhabitants of the City. Such conditions may include, but are not limited to, a requirement that accurate, written books and records of account be kept showing income, expenses and use of all funds obtained through the sale of fireworks.
C. Applicants for such permit shall be notified of the granting or rejection as soon as practical after the City Council meeting in the month of July.
D. Each organization will hold a permit for two (2) consecutive years. (Ord. 410-99 § 2 (part), 1999)
8.24.090 Prerequisites to issuance of permit.
The following qualifications must be met by each applicant for a permit hereunder:
A. The organization must submit an organization application for safe and sane lottery drawing between June 1st and June 30th, except when the last day falls on a Saturday or Sunday the following business day shall be determined to be the last day.
B. The organizations applying for a permit pursuant to Section 8.24.070 of this chapter shall have been selected as prescribed by Section 8.24.080 of this chapter.
C. No permit shall be issued to any person except nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes. An "organization" shall be defined for the purpose of this chapter to include any association and/or corporation and their affiliate or auxiliary organizations which were organized for the above-prescribed purposes.
D. Each organization must have its principal and predominant meeting place in the corporate limits of said City, must maintain a bona fide membership of at least twenty (20) members, and must have been organized and established within the City’s corporate limits for a minimum of one (1) year continuously preceding the filing of the request for lottery drawing application.
E. No organization may receive more than one (1) permit for fireworks sale during any one (1) calendar year. One permit may be issued to two (2) or more qualifying applicants as a joint venture.
F. If a primary organization has multiple auxiliary or affiliated organizations, the primary organization and one (1) auxiliary may submit an application for the lottery drawing prescribed by Section 8.24.080 of Created: 2023-05-01 09:25:18 [EST]
(Supp. No. 18, Update 1)
this chapter. If one of these organizations is selected, the other will no longer be considered eligible for receipt of a permit that same year.
(Ord. 410-99 § 2 (part), 1999)
8.24.100 Conditions governing the permit for the sale of fireworks.
Any permit granted for the sale of fireworks shall be governed by the following conditions:
A. A permit shall be granted only to a qualified applicant as defined in Section 8.24.080 of this chapter; B. The permit shall authorize the sale at only one (1) location; C. The sale shall be permitted only between nine (9:00) a.m. and ten (10:00) p.m.; D. Any attempt to transfer a permit to any person shall void the permit; E. Failure to comply with any of the provisions of this chapter shall preclude consideration of an application filed if permits have not been granted thereunder. (Ord. 410-99 § 2 (part), 1999)
8.24.110 Fireworks sales—Zoning.
Fireworks sales authorized by the issuance of a permit pursuant to this chapter shall be conducted only in commercial districts.
(Ord. 410-99 § 2 (part), 1999)
8.24.120 Operation of stand—Regulations.
A. Each application shall contain a description of the desired location and permission of the owner must be obtained by the applicant.
B. All retail sales of safe and sane fireworks shall be permitted only from within a temporary firework stand, and the sale from any other building or structure is prohibited. The temporary stand shall be subject to the following provisions:
1. No fireworks stand shall be located within twenty-five (25) feet of any other building nor within one hundred (100) feet of a location where gasoline or any other flammable liquids are stored or dispensed;
2. Fireworks stands need not comply with the provisions of the City’s building code; provided, however, that all the stands shall be erected under the supervision of the inspector who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons and all electrical facilities required to comply with the National Electric Code;
3. No fireworks stand shall be located closer than twenty (20) feet to the right-of-way line of any public road or highway located within any corner cutoff, or at any location which does not otherwise meet the approval of the City Fire Chief;
4. No stand shall have a floor area in excess of seven hundred fifty (750) square feet;
5. No sign shall be erected or maintained in connection with the fireworks stand which shall create a traffic hazard;
Created: 2023-05-01 09:25:18 [EST]
(Supp. No. 18, Update 1)
6. Storage of fireworks shall be at locations approved by the City Fire Chief. Fireworks stands used for storage shall be under twenty-four (24) hour supervision of an alert adult. No sleeping inside of a fireworks stand will be permitted at any time;
7. No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand. Each stand must have an adult eighteen (18) years of age or over in attendance and in charge thereof when the stand is being used for the sale or dispensing or storage of fireworks; and
8. No person other than the individuals who are members of the permittee organization, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of fireworks at such stand.
C. Any organization which is granted a permit, and which for any reason fails to exercise the permit by the operation of the stand in accordance with the conditions of the permit, shall automatically forfeit the right to a permit for the succeeding year including, but not limited to, the right to participate in a drawing pursuant to Section 8.24.080 of this chapter for said succeeding year. (Ord. 410-99 § 2 (part), 1999)
(Ord. No. 468-14, § 4, 3-11-2014)
8.24.130 General requirements for permittees.
A. Each stand shall be provided with two (2) fire extinguishers, approved for such use by the Fire Chief, in good working order and easily accessible for use in case of fire.
B. No smoking shall be allowed in any stand.
C. "No smoking" signs shall be prominently displayed on the fireworks stand.
D. All weeds and combustible materials shall be cleared from the location of the stand, including a distance of at least twenty (20) feet surrounding the stand.
E. No person shall light or cause to be lighted any fireworks, firecracker, or other combustible article within any stand or within two hundred (200) feet thereof.
F. All unsold stock and accompanying litter shall be removed from the location by five (5:00) p.m. on the 6th day of July.
G. The fireworks stand shall be removed from the temporary location by twelve (12:00) noon on the 11th day of July, and all accompanying litter shall be cleared from said location by the said time and date.
H. Prior to the issuance of a permit, each permittee shall file with the City a cash deposit, a certificate of deposit or a surety bond made payable to the City in the amount of one hundred (100.00) dollars to assure compliance with the provisions of this chapter. Such deposit or certificate shall be made refundable upon compliance with the provisions and requirements of this chapter including but not limited to the removal of the stand and cleaning of the site.
I. In the event that the permittee does not comply or remove the stand or clean the site in the manner required by the City's Fire Chief, the City may do so, or cause the same to be done by another person, and the reasonable cost thereof shall be charged against the licensee and his surety and the deposit certificate or bond.
J. If in the judgment of the Fire Chief or Building Inspector, the construction of the stand or the conduct of the operations therein do not conform to the provisions of this chapter, such officers or either of them may Created: 2023-05-01 09:25:18 [EST]
(Supp. No. 18, Update 1)
order the stand immediately closed, and the permit to operate such stand shall then be suspended and/or revoked.
(Ord. 410-99 § 2 (part), 1999)
8.24.140 Temporary sales tax permit required.
Organizations selling fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization.
(Ord. 410-99 § 2 (part), 1999)
8.24.150 Display of state license, city permit and sales tax permit.
The State license and City permit to sell fireworks, and the temporary sales tax permit shall be displayed in a prominent place in the fireworks stand.
(Ord. 410-99 § 2 (part), 1999)
8.24.160 Permit issuance.
The following requirements must be met in addition to those set forth in previous sections. Upon verification of the application of the City Clerk, the City Council may authorize that a permit be issued. Such permit shall be issued or denied in the discretion of the City Council and subject to such other reasonable conditions as the City Council determines necessary to protect the public health, safety and welfare. The City Council declares its intention to issue only a limited number of permits in order to prevent an unsightly or undue or unsafe concentration of fireworks stands. No permit shall be issued to other than adult persons. (Ord. 410-99 § 2 (part), 1999)
8.24.170 Permit for discharge or display of fireworks at public gathering.
Nothing in this chapter shall prohibit any discharge or display of fireworks at any public gathering, provided that a permit to do so has first been obtained from the City Council. No such permit shall be granted by the City Council for any such public display unless for a location where the falling of any lighted fireworks or objects would not endanger building structures, vehicles, forests, brush, or grass-covered land, or unless the discharge of fireworks is under the direct supervision of a capable, experienced person, or provision is made for a fire extinguishment appliance and is satisfactory to the City Council. All persons or organizations obtaining a permit for a public pyrotechnic display shall comply with and be governed by the provisions set forth in Title 19, California Administrative Code, subchapter 6, article 6.
Additionally, applications shall be filed with the City Administrator not less than thirty (30) days before the public display and shall be accompanied by a detailed statement of the items of the proposed public display. If the permit is granted, no item shall be displayed except as is contained in the statement and the Council may, in granting the permit, eliminate from the statement such items as it deems hazardous, and it shall be unlawful for the grantee of the permit to exhibit or display the eliminated items. The fee to the City for the permit for each display shall be in an amount established by resolution of the City Council. (Ord. 410-99 § 2 (part), 1999)
Created: 2023-05-01 09:25:18 [EST]
(Supp. No. 18, Update 1)
8.24.180 Prerequisite—State license.
Before filing with the City, the applicant for a public pyrotechnics display shall obtain a license from the State Fire Marshal as required in Division 11 of the State Health and Safety Code. The surety requirements therein provided are considered to be the minimum and may be increased by the State Fire Marshal, Fire Chief, or City Council.
(Ord. 410-99 § 2 (part), 1999)
8.24.190 Violation.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereon, shall be punishable by a fine of not more than five hundred (500.00) dollars, imprisonment for a term not exceeding six (6) months or both such fine and imprisonment. (Ord. 410-99 § 2 (part), 1999)
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO INCREASE THE FIRWORKS
SALES PERMIT TO FIVE
WHEREAS, currently, Municipal Code Section 8.24.060(B) allows four firework sales permits (including the VFW) plus one in its biennial drawing of permits; and WHEREAS, the same municipal code allows an increase to the number or firework sales permits when the total number of dwelling units within the City limits exceed 3,000; and WHEREAS, per the City’s utility report, the current total number of housing units within the City limits is 3,810; and
WHEREAS, the City Council agrees to increase Fireworks Sales Permits from four to five; and WHEREAS, the City of Chowchilla has exceeded 3000 residential dwelling units; and WHEREAS, the permits are issued to a non-profit associations or corporations; and WHEREAS, the City of Chowchilla gives priority to all veterans’ organizations.
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. City staff is authorized to increase the Fireworks Booth Permits from four to five permits from this date forward.
3. The City Administrator or Designee is authorized to execute necessary documents.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of July, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Ray Barragan, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk