AGENDA
City Council Meeting
Council Chamber, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, October 24, 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Administrator
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9, Paragraph (2) or (3) of Subdivision (d)
Number of Cases: 1
City Council Meeting AGENDA October 24, 2023
OPEN SESSION – 4:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION:
CLOSED SESSION REPORT:
PRESENTATIONS/WORKSHOP - Section 1
1.1 Michelle Talley, Chowchilla Rotary, Presentation Donating the Proceeds Raised from the Centennial Dinner Event to the Chowchilla Animal Shelter
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. Speakers are not allowed to cede their public comment time.
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 October 10, 2023 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the September 2023 Financials Report (Williams)
3.3 Consideration and Acceptance of the Quarterly Fee Waiver Report (Pruett)
3.4 Consideration and Acceptance of the Quarterly Financial Investment Report (Williams)
City Council Meeting AGENDA October 24, 2023
3.5 Consideration and Adoption of a City Council Resolution Authorizing the Donation of City Property in the Form of a Bronze Plaque to the Chowchilla District Historical Society (Wisener)
3.6 Consideration and Approval to Reject the Chowchilla Real Estate Holdings, LLC Claim Against the City (McClendon)
PUBLIC HEARINGS – Section 4
4.1 Introduction of an Ordinance of the City Council of the City of Chowchilla Adding Section 9.11.00 and Amending Sections 9.11.020 and 9.11.070 of Chapter 19.11 of Title 9 of the Chowchilla Municipal Code (Pruett)
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Approving Budget Amendments for Measure N for Fiscal Year 2023/2024 (Williams)
6.2 Consideration and Adoption of a City Council Resolution Approving an Agreement for Professional Architectural Services with Gary Rogers, Inc. to Update the Cottage Home or Accessory Dwelling Units – Pre-Approved Accessory Dwelling Unit Design Plans and Authorizing the City Administrator to Execute the Same (Hamilton)
6.3 Informational Item Only – Self-Help Enterprises Chowchilla Multi-Family Housing Project (Hamilton)
6.4 Consideration and Adoption of a City Council Resolution Delaying Implementation of Revised Business License Fees for Semi-Mobile Food Vendors for a Designated Period of Time and Establishing the Mobile Food Vendor Ad Hoc Committee (Pruett)
6.5 Informational Item Only – Availability of the Public Review Draft of the 2024 – 2032 Housing Element (Hamilton)
ANNOUNCEMENTS – Section 7
OCT 28 CITY HALLOWEEN EVENT, VETERANS MEMORIAL PARK, 5-9PM NOV 10 VETERANS DAY OBSERVED, CITY OFFICES CLOSED
NOV 14 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 19th day of October, 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
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Passcode: 233 729
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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, October 10, 2023
Closed Session: 3:00 p.m. ~ Open Session: 4:00 p.m.
CALL TO ORDER/ROLL CALL: 3:05 p.m.
Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present: City Administrator Rod Pruett,
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:
PUBLIC ADDRESS – CLOSED SESSION
None.
CLOSED SESSION – 3:07 PM
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Pursuant to Government Code Section 54957
Title: City Administrator
OPEN SESSION – 4:01 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Pruitt
CLOSED SESSION REPORT: Nothing to report.
PRESENTATIONS/WORKSHOP - Section 1
1.1 Fresno-Madera Counties Police Chiefs & Sheriff’s Association Presentation
PUBLIC ADDRESS
Josue Diaz addressed the City Council requesting nullification of the $100 per day fee and other requests.
Madelyn Andrade repeated Mr. Diaz’ words in Spanish.
City Council Meeting MINUTES October 10, 2023
Digna Diaz addressed the City Council in Spanish stating that she is requesting that the City removes the $100 per day fee for mobile food vendors (or, $36,500 to operate an entire year).
Josue translated her full statement in English.
Catalina, owner of Tacos El Guerrero, addressed the City Council about her experience in obtaining her license to operate her mobile food business.
Adonai Diaz continued Madelyn Andrade’s prepared speech in Spanish due to her allotted time being cut off at the three-minutes limit.
Narrinder Singh, owner of Masala Art, addressed the City Council his concerns over expanding mobile food vendors, that it will hurt brick and mortar restaurants like his.
Rhonda March addressed the City to open the restroom so that unhoused senior citizens can use.
Jacob Sandoval addressed the Council via Zoom, League of United Latin American Citizens, expressing the unfairness of the fee schedule for mobile phone vendors and requesting to repeal the current fee to what it was before.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Troost attended the Citizens Advisory Committee at Valley Air Board meeting where they discussed upcoming regulations.
Council Member Ahmed attended a Madera County Economic Development Commission meeting where they discussed updating new website, among other things. He also attended the Economic Development ad hoc meeting.
2.2 STAFF VERBAL REPORTS
Police Chief Palmer reported out current departmental stats. His department looked into the semitruck parking situation on West Robertson and looking into how to resolve.
Fire Chief Gaumnitz noted this week is the beginning fire prevention events at schools. On February 18, 2024, the Volunteer Firefighter Association is putting together a fundraising dinner.
The Firefighters have responded to 45 calls within the last 2 weeks, including yesterday at the Palms Facility and thanked all agencies involved.
Public Works Director Rogers reported that last week, their Wastewater division took our vactor truck out to clean our sewer line hot spots in anticipation of the upcoming holiday season. They are working with Leadership Counsel regarding the Fairmead Sewer Consolidation Project. Right now they are tentatively scheduled to have the SWRCB Deputy Director visit the Fairmead area and our WWTP on November 1st for a tour. As of last week, 80 ROEs have been collected. They recently completed and submitted a Reconnecting Communities: Highways to Boulevards grant application for the Roundabouts project. And finally, they had a pre-construction meeting with Avison Construction for the Alley Paving Project. Contractor is tentatively scheduled to start work end of October.
Mayor Barragan received consensus of the council to direct Director Hamilton to look into the fee schedule and bring back the mobile food vendor item to the City Council at a future date via staff report.
City Council Meeting MINUTES October 10, 2023
Community & Economic Development Director Hamilton is holding a Central Valley Economic Summit on November 2 at Farnesi’s (previously named Builders Forum). He also went over departmental stats.
Finance Director Williams reported that all Tyler modules are up and running; completed the CEDEAC reporting and attended a meeting regarding security cameras at Veterans Park. Trinette Martinez is the City’s new HR Manager who started this week.
Deputy Director of Recreation & Community Outreach Wisener worked on some website updates that needed to be done and working on the October 28 Halloween event and Christmas-related events.
IT Systems Administrator Wlodarczyk reported out on the security camera project at Veterans Park.
City Clerk McClendon is working with the new HR Manager transitioning HR duties and processes over to her.
City Administrator Pruett attended the Community Task Force meeting; Rancho Calera project meeting with Caltrans about the roundabout and access to commercial properties from it; working with High Speed Rail for reimbursement agreement for the design and construction of this section; attended the Economic Development ad hoc meeting regarding Sessions/Loan Oak development agreement; met with Enterprise to review their website.
CONSENT CALENDAR – Section 3
3.1 Approval of the September 26, 2023 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the September 2023 Warrant Register (Williams)
3.3 Consideration and Adoption of a City Council Resolution Accepting the Public Street and Utility Easement for the Road 16/5th Street Curve Reconstruction Project (Rogers)
3.4 Consideration and Adoption of a City Council Resolution (75-23) Approving an Agreement with Fairbank, Maslin, Maullin, Metz & Associates (FM3) to Provide Public Opinion Research Services for the Measure N Renewal that will be on the 2024 General Election Ballot and Authorizing the City Administrator to Execute and Negotiate any Necessary Revisions to the Agreement (Pruett) Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith to Approve the Consent Calendar as Amended, Removing item 3.3 from consideration. Motion passed unanimously by roll call vote.
PUBLIC HEARINGS – Section 4
4.1 Consideration and Adoption of a City Council Resolution (76-23) Approving Measure T Annual Expenditure Plan (AEP) for Fiscal Year 2023/24 and Authorizing the Public Works Director or Designee to Submit the Plan to the Madera County Transportation Authority (MCTA) for Adoption (Rogers)
Mayor Barragan opened the public hearing at 4:43 p.m. No one came forward for or against the item. Mayor Barragan closed the public hearing at 4:43 p.m.
City Council Meeting MINUTES October 10, 2023
Motion by Council Member Troost, Seconded by Council Member Ahmed to Approve City Council Resolution # 76-23, Approving Measure T Annual Expenditure Plan (AEP) for Fiscal Year 2023/24 and Authorizing the Public Works Director or Designee to Submit the Plan to the Madera County Transportation Authority (MCTA) for Adoption. 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 (77-23) Declaring its Intention to Establish a Community Facilities district and to Authorize the Levy of Special Taxes Therein – Replacement of CFD 2006-1; and, Consideration and Adoption of a City Council Resolution (78-23) Declaring its Intention to Incur Bonded Indebtedness of the Proposed City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (Pruett) Tony Fagundes spoke in favor of the item.
Mr. Hillibrand spoke in favor of the item.
Glen Pace also spoke in favor of the item.
Mark Pressman, Wulf Hansen, spoke in favor of the item.
Bud Levine, Wulf Hansen, spoke in favor of the item.
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve City Council Resolution #77-23, Declaring its Intention to Establish a Community Facilities district and to Authorize the Levy of Special Taxes Therein – Replacement of CFD 2006-1; and, to Approve City Council Resolution #78-23, Declaring its Intention to Incur Bonded Indebtedness of the Proposed City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) ANNOUNCEMENTS – Section 7
OCT 18 PLANNING COMMISSION MEETING, CITY HALL, 5PM
OCT 24 CITY COUNCIL MEETING, CITY HALL, 4PM
ADJOURNMENT
Mayor Barrragan adjourned the October 10, 2023 City Council Meeting at 4:58 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor Ray Barragan
REPORT TO THE CITY COUNCIL
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: September 2023 Budget vs Actual and Balance Sheet
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the September 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 75%.
If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.
If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them.
FISCAL IMPACT:
Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May, we have yet to receive a distribution. We are teetered which means we do not have to worry about delinquencies, because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and we have yet to receive August’s payment. Sales tax is our 2nd largest revenue.
Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO service, we have received the school’s payment as they are being billed annually in September now. Also, it has $541k Transfer-in from Measure N for the RIMS Software, recruitment and retention of employees, and additional equipment that will be transferred at the end of the year.
Fire Services- This revenue is from transfers-in from Measure N for the fire station expansion project Phase 2 that will be completed at the end of the year.
Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for the following projects like Rancho Calera, Montgomery Farms, Solar Permits, and various other projects within the City. So far, we have Century Communities building their part of the Montgomery Farms lots.
We still have other miscellaneous permits for other items that are happening as well. There is also $85k of grant revenues that we have not received as of now.
Parks and Recreation- $140k 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
General Services- Budgeted Expenses are more than usual as of right now due to the POB Transfer out.
Police Sworn/Net- Budgeted Expenses are more than usual as of right now due to the POB Transfer out.
Community Relations- Budgeted Expenses are more than usual as of right now due to the cost of the Tower Clock being paid for and the Centennial Dinner.
ALTERNATIVES:
Pull the item for further discussion.
ACTIONS FOLLOWING APPROVAL:
None.
10/9/2023 8:32:22 AM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2023-2024 Period Ending: 09/30/2023
Fiscal
AcƟvity
Variance
Favorable
(Unfavorable)
Period
Account Type AcƟvity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 686,066.40 9,555,653.00 9,555,653.00 -8,869,586.60 92.82% 621,725.64 Expense 1,166.70 287,321.00 287,821.00 286,654.30 99.59% 20.99 Dept: 1600 - General Administration Surplus (Deficit): 92.61% 9,268,332.00 9,267,832.00 -8,582,932.30 621,704.65 684,899.70 Dept: 1605 - City Council
Revenue 853.20 0.00 3,413.00 -2,559.80 75.00% 568.80
Expense 7,855.04 99,195.00 102,608.00 94,752.96 92.34% 3,434.52 Dept: 1605 - City Council Surplus (Deficit): 92.94% -99,195.00 -99,195.00 92,193.16 -2,865.72 -7,001.84 Dept: 1610 - City Clerk
Expense 61,518.00 283,433.00 283,433.00 221,915.00 78.30% 27,763.90 Dept: 1610 - City Clerk Total: 78.30% 283,433.00 283,433.00 221,915.00 27,763.90 61,518.00 Dept: 1615 - City Attorney
Expense 33,465.27 190,000.00 190,000.00 156,534.73 82.39% 17,197.71 Dept: 1615 - City Attorney Total: 82.39% 190,000.00 190,000.00 156,534.73 17,197.71 33,465.27 Dept: 1705 - General Services
Expense 466,120.47 1,794,311.00 1,791,011.00 1,324,890.53 73.97% 36,185.35 Dept: 1705 - General Services Total: 73.97% 1,794,311.00 1,791,011.00 1,324,890.53 36,185.35 466,120.47 Dept: 1710 - City Administration
Expense 105,177.99 456,348.00 456,348.00 351,170.01 76.95% 69,940.56 Dept: 1710 - City Administration Total: 76.95% 456,348.00 456,348.00 351,170.01 69,940.56 105,177.99 Dept: 1712 - City Property - Rents
Revenue 53,554.16 150,908.00 150,908.00 -97,353.84 64.51% 5,717.56 Expense 26,581.79 55,196.00 80,196.00 53,614.21 66.85% 5,361.29 Dept: 1712 - City Property - Rents Surplus (Deficit): 61.86% 95,712.00 70,712.00 -43,739.63 356.27 26,972.37 Dept: 1720 - Finance Department
Revenue 1,205.95 3,211.00 3,211.00 -2,005.05 62.44% 252.00 Expense 209,169.04 882,598.00 882,598.00 673,428.96 76.30% 131,306.49 Dept: 1720 - Finance Department Surplus (Deficit): 76.35% -879,387.00 -879,387.00 671,423.91 -131,054.49 -207,963.09 Dept: 2610 - Police Department
Revenue 191,331.77 817,947.00 817,947.00 -626,615.23 76.61% 178,716.36 Expense 1,412,265.62 4,976,766.00 5,048,523.00 3,636,257.38 72.03% 625,933.64 Dept: 2610 - Police Department Surplus (Deficit): 71.14% -4,158,819.00 -4,230,576.00 3,009,642.15 -447,217.28 -1,220,933.85 Dept: 2705 - Fire Department
Revenue 744.20 1,317,366.00 1,317,366.00 -1,316,621.80 99.94% 544.20 Expense 96,625.49 1,669,053.00 1,697,221.00 1,600,595.51 94.31% 47,199.67 Dept: 2705 - Fire Department Surplus (Deficit): 74.76% -351,687.00 -379,855.00 283,973.71 -46,655.47 -95,881.29 Dept: 4705 - Community & Economic Development
Revenue 109,652.02 761,346.00 761,346.00 -651,693.98 85.60% 24,225.22 Expense 242,203.56 1,530,460.00 1,530,460.00 1,288,256.44 84.17% 129,082.11 Dept: 4705 - Community & Economic Development Surplus (Defici 82.77% -769,114.00 -769,114.00 636,562.46 -104,856.89 -132,551.54 Dept: 6610 - Community Pool (OLD)
Revenue 1,023.15 1,500.00 1,500.00 -476.85 31.79% 0.00
Expense 8,921.13 24,577.00 24,577.00 15,655.87 63.70% 1,343.82 Dept: 6610 - Community Pool (OLD) Surplus (Deficit): 65.78% -23,077.00 -23,077.00 15,179.02 -1,343.82 -7,897.98 Dept: 6615 - Senior Services
Expense 2,502.82 44,009.00 44,148.00 41,645.18 94.33% 663.82 Dept: 6615 - Senior Services Total: 94.33% 44,009.00 44,148.00 41,645.18 663.82 2,502.82 Budget Report For Fiscal: 2023-2024 Period Ending: 09/30/2023 10/9/2023 8:32:22 AM Page 2 of 3
Fiscal
AcƟvity
Variance
Favorable
(Unfavorable)
Period
Account Type AcƟvity
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 6620 - Parks & Facilities
Revenue 14,899.25 199,730.00 199,730.00 -184,830.75 92.54% 14,899.25 Expense 172,110.40 709,542.00 789,516.00 617,405.60 78.20% 111,004.77 Dept: 6620 - Parks & Facilities Surplus (Deficit): 73.34% -509,812.00 -589,786.00 432,574.85 -96,105.52 -157,211.15 Dept: 6625 - Community Relations
Revenue 21,965.15 36,100.00 36,100.00 -14,134.85 39.15% 7,822.00 Expense 92,898.25 243,165.00 265,587.25 172,689.00 65.02% 37,653.58 Dept: 6625 - Community Relations Surplus (Deficit): 69.09% -207,065.00 -229,487.25 158,554.15 -29,831.58 -70,933.10 Report Surplus (Deficit): -389,621.19 -1,857,286.32 -402,213.00 -626,873.25 -1,230,413.07 -196.28% Budget Report For Fiscal: 2023-2024 Period Ending: 09/30/2023 10/9/2023 8:32:22 AM Page 3 of 3
Fund Summary
Fiscal
AcƟvity
Variance
Favorable
Fund (Unfavorable)
Period
AcƟvity
Current
Total Budget
Original
Total Budget
100 - General Fund -1,857,286.32 -402,213.00 -626,873.25 -1,230,413.07 -389,621.19 Report Surplus (Deficit): -389,621.19 -1,857,286.32 -402,213.00 -626,873.25 -1,230,413.07 10/9/2023 8:28:08 AM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 09/30/2023
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 4,457.20
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 -2,096.31
100-0100-0222 A/R - Intergovernmental 10,948.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 337,999.01
100-0100-0225 Accounts Receivable-RDA -24.89
100-0100-0226 Advance to Other Funds 410,031.56
100-0100-0227 Liens Receivables General Fund 159,154.66 100-0100-0228 Pending Charges or Refunds 28,979.59
100-0100-0229 A/R Business License -1,236.94
100-0100-0230 Accounts Receivable-Utilities 13.02
100-0100-1900 Claim On Cash 6,479,732.63
Total Assets: 7,637,458.59 7,637,458.59
Liability
100-0200-0418 Deposits on Hold-PR Signs 2.00
100-0200-0422 Bonds for Work-Refundable 8,500.00
100-0200-0428 Deposits Prepaid by Developers 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 172,283.48
Total Liability: 588,800.65
Equity
100-0300-0601 Fund Balance 7,485,373.94
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 418,794.59
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 8,905,944.26
Total Revenue 1,081,295.25
Total Expense 2,938,581.57
Revenues Over/Under Expenses -1,857,286.32
Total Liabilities, Equity and Current Surplus (Deficit): 7,637,458.59 Total Equity and Current Surplus (Deficit): 7,048,657.94
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Quarterly Fee 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 July through September 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 was one waiver issued for a total of $1,558.07. It was 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 Address Account or Lien # Type Amount Justification 7/20/2023
Chowchilla Chamber's Classic
Car & Custom Bike Show
PO Box 638
Chowchilla CA
93610
Rental of 3
pavilions as well
as street closure $ 1,558.07
$ 1,558.07
CITY COUNCIL REPORT ON WAIVERS PER RESOLUTION 83-19
QUARTER 7/1/2023 to 9/30/2023
TOTAL FEES WAIVED
REPORT TO THE CITY COUNCIL
Item 3.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION:
SUBJECT:
PREPARED BY:
ATTACHMENTS:
Consent
Presentation of Quarterly Financial Investment Report
Kerri Williams, Finance Director
Report
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Review the Quarterly Financial Investment Report.
BACKGROUND:
In accordance with Section 53601 of the California Government Code and the City’s Investment policy, the City is authorized to invest in Certificates of Deposit, the California Local Agency Investment Fund (LAIF).
In addition to LAIF, the City began investing in Treasury Securities in December 2022 after City Council approval as they typically yield higher interest than LAIF and allows the City to have some diversity in its portfolio. The Treasury securities purchased by the City amounted to $15M. Each time a Treasury security in the portfolio matures, the City will be paid the ‘maturity value’ or ‘face value’ of that security. If such security was purchased at a discount and then held to maturity, then the difference between the discounted principal cost of the security and the face value of the security represents ‘income’ to the City, similar to interest earnings. The City is using Wulff, Hansen & Co. as our Municipal Advisor to oversee the portfolio.
REASON FOR RECOMMENDATION:
N/A
FISCAL IMPACT:
The US Treasury Securities Custodial Account has a fair market value of $15,419,412 and for the last quarter recognized $179,051 in investment earnings, which includes accrued interest and amortized discount. Accrued interest is interest that has been earned but not yet paid. During the period from July 1, 2023 through September 30, 2023, the City earned accrued interest of $65,436. Amortized discount represents that portion of any discount that has been earned, but not yet paid. As of September 30, 2023, the portfolio’s amortized discount was $113,615.
Interest is allocated to all funds that have a positive cash balance. As of September 30, 2023, the City has $13,124,053 in LAIF and for the last quarter received $117,290 in interest.
REPORT TO THE CITY COUNCIL
Item 3.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution for Donation of Bronze Plaque PREPARED BY: Stacy Wisener, Deputy Director of Recreation & Community Engagement ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends the City Council adopt a resolution authorizing the disposal of City property in the form of a bronze plaque for the 2023 Time Capsule that has been revealed and transferring ownership to the Chowchilla District Historical Society.
BACKGROUND:
Under City of Chowchilla Municipal Code Section 4.04.050, the City has the authority to sell or otherwise dispose of all commodities and equipment that cannot be used by any department or have become unsuitable for City use. Disposition may include abandonment, destruction, or donation to public bodies, charitable, civic, or nonprofit organizations and may include City property that has no commercial value or for which the estimated cost of continued care, handling, maintenance, or storage would exceed the estimated proceeds of the sale. Further, these assets have fully depreciated and have no residual value.
Sales procedures may include negotiated sales, acceptance of sealed bids, or public auction.
The Subject City property to be disposed of includes:
A single bronze plaque: A bronze plaque that was located in the Veterans Memorial Park and secured in a concrete form to signify the burial of the time capsule that was revealed on July 16, 2023.
The Chowchilla District Historical Society has expressed interest in the bronze plaque and would like to add it to its historical collection.
REASON FOR RECOMMENDATION:
It is an item that the City does not need to store as it is no longer relevant but should be kept as part of Chowchilla’s History.
FISCAL IMPACT:
There is no impact on the City’s General Fund with this action.
ALTERNATIVES:
Find a place to store the item indefinitely.
ACTIONS FOLLOWING APPROVAL:
Notify the historical society to pick up the bronze plaque for their collection.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE DONATION OF CITY PROPERTY IN THE FORM OF A BRONZE PLAQUE TO
THE CHOWCHILLA DISTRICT HISTORICAL SOCIETY
WHEREAS, the City of Chowchilla (City) owns and is storing the bronze plaque marker for the time capsule that was located in Veterans Memorial Park; and WHEREAS, the City does not need further use of the plaque; and WHEREAS, Chowchilla Municipal Code Chapter 4.04.050 specifies the terms and conditions for the disposition of surplus City property; and
WHEREAS, the City of Chowchilla desires to donate the plaque for historical preservation by transferring it to the Chowchilla District Historical Society.
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 ownership of the item will be transferred over to the Chowchilla District Historical Society.
3. The item is transferred as is.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of October, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 3.6
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: Consent
SUBJECT: Rejection of Chowchilla Real Estate Holdings, LLC Claim Against the City PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: None
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council rejects the claim submitted by Chowchilla Real Estate Holdings, LLC.
BACKGROUND:
A Claim was submitted by Chowchilla Real Estate Holdings, LLC.
REASON FOR RECOMMENDATION:
City Attorney has reviewed the claim and recommends rejecting it.
FISCAL IMPACT:
None.
ALTERNATIVES:
Don’t reject the claim.
ACTIONS FOLLOWING APPROVAL:
Notify Chowchilla Real Estate Holdings, LLC of the Council decision.
REPORT TO THE CITY COUNCIL
Item 4.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: Public Hearing
SUBJECT: An Ordinance of the City Council of the City of Chowchilla Adding Section
9.11.080 and Amending Sections 9.11.020 and 9.11.070 of Chapter 9.11 of Title 9 of the Chowchilla Municipal Code
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Ordinance
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council introduce the Ordinance update to Section 9.11 of Title 9 of the Chowchilla Municipal Code.
BACKGROUND:
The current Chowchilla Municipal Code prohibits commercial cannabis delivery into the City of Chowchilla and also prohibits commercial cannabis retail services within the City of Chowchilla. The Medicinal Cannabis Patients’ Right of Access Act, passed by the California legislature in 2022, becomes effective January 1, 2024.
The Cannabis Patient’s Rights Act requires cities to allow for transportation of medicinal cannabis within city limits.
REASON FOR RECOMMENDATION:
To ensure that the Chowchilla Municipal Code comports with the changes in state law under the Medicinal Cannabis Patients’ Right of Access Act.
FISCAL IMPACT:
There is no fiscal impact by updating the Ordinance.
ALTERNATIVES:
Do not update the Ordinance and not be compliant with State law.
ACTIONS FOLLOWING APPROVAL:
The Ordinance will be brought back for adoption at the next Council Meeting under Consent.
ORDINANCE # 515-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA ADDING SECTION 9.11.080 AND AMENDING SECTIONS 9.11.020 AND 9.11.070 OF CHAPTER 9.11 OF TITLE 9 OF THE CHOWCHILLA MUNICIPAL CODE
WHEREAS, the current Chowchilla Municipal Code prohibits commercial cannabis delivery into the City of Chowchilla; and
WHEREAS, the current Chowchilla Municipal Code also prohibits commercial cannabis retail services within the City of Chowchilla; and
WHEREAS, the Medicinal Cannabis Patients’ Right of Access Act, passed by the California legislature in 2022, becomes effective January 1, 2024; and WHEREAS, the City Council desires to ensure that the Chowchilla Municipal Code comports with the changes in state law under the Medicinal Cannabis Patients’ Right of Access Act.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Chowchilla does hereby ordain as follows:
SECTION 1. The following definitions in Section 9.11.020 (“Definitions”) of Chapter 9.11 (“Use, Consumption, Cultivation, Manufacturing, Processing, Testing, Transportation, Delivery and Distribution of Medical and Non-Medical Cannabis”) of Title 9 (“Public Peace, Morals and Welfare”) of the Chowchilla Municipal Code are amended to read as follows:
"Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether medical or nonmedical, growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuanacannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean “industrial hemp” as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.
"Cannabis products" means a product containing medical cannabis, including, but not limited to, manufactured cannabis, - intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code (as the same may be amended from time-totime) or pursuant to the Adult Use of Marijuana Act. For purposes of this title, "medical cannabis" does not include industrial hemp as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients, and includes cannabis products intended for use on, or consumption by, an animal. Cannabis products are not considered food as defined by Section 109935 of the Health and Safety Code, a drug, as defined by Section 109925 of the Health and Safety Code, or a cosmetic, as defined by Section 109900 of the Health and Safety Code.
"Cultivation" means any activity, whether occurring indoors or outdoors, involving the propagation, planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis. plants or any part thereof for any purpose.
"Delivery" shall be as defined in the Medical Marijuana Regulation and Safety Act, California Business and Professions Code Section 19300.5(m), as that section may be amended from time to timemeans the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform, and includes the commercial transfer of cannabis or cannabis products from a dispensary as well as the use of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the state of California under the MCRSA or AUMA that enables anyone to arrange for a commercial transfer, up to an amount determined to be authorized by the state of California, or any of its departments or divisions, to anyone for any purpose.. "Distribution" means the wholesale procurement, and sale, and transport of cannabis and/or cannabis products between entities licensed pursuant to MCRSA, AUMA and any subsequent state of California legislation regarding the samelicensees. “Distributor” means a licensee that is authorized to engage in the distribution of cannabis and cannabis products.
"Marijuana" means "cannabis," as that term is defined in this chapter. “Cannabis” and “Marijuana” may be used interchangeably, but shall have the same meaning. "Patient" or "qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card. For purposes of this definition only, “identification card” means a document issued by the department that identifies a person authorized to engage in the medical use of cannabis and the person’s designated primary caregiver, if any..
SECTION 2. The following definitions shall be added to Section 9.11.020 (“Definitions”)of Chapter
9.11 (“Use, Consumption, Cultivation, Manufacturing, Processing, Testing, Transportation, Delivery and Distribution of Medical and Non-Medical Cannabis”) of Title 9 (“Public Peace, Morals and Welfare”) of the Chowchilla Municipal Code to read as follows:
“Cannabis accessories” means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. “Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided for in this division, or acting as a cannabis event organizer for temporary cannabis events.
“Licensee” means a state license issued under Division 10 of the California Business and Professions Code, and includes both an A-license and an M-license, as well as a testing laboratory license.
“Medicinal cannabis” or “medicinal cannabis product” means cannabis or a cannabis product, respectively, intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by a local jurisdiction.
SECTION 3. Section 9.11.070 (“Commercial cannabis activity prohibited”) of Chapter 9.11 (“Use, Consumption, Cultivation, Manufacturing, Processing, Testing, Transportation, Delivery and Distribution of Medical and Non-Medical Cannabis”) of Title 9 (“Public Peace, Morals and Welfare”) of the Chowchilla Municipal Code shall be amended to read as follows:
9.11.070 Commercial cannabis activity prohibited.
Cannabis cultivation and commercial cannabis business activities are prohibited within the geographic boundaries of the city of Chowchilla. Such activities include, but are not limited to: the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, dispensing, distribution, delivery, or sale of cannabis or cannabis product, and are expressly prohibited in the city of Chowchilla.
A. Dispensaries not Permitted. It shall be unlawful for any person, limited liability company, corporation, collective, cooperative or any other entity to manage or operate a dispensary or business which sells, exchanges, barters, transfers, delivers and/or promotes, any cannabis or cannabis products in the city.
B. Mobile Delivery From, or to Addresses Within the City Prohibited. Mobile dExcept as provided within section 9.11.080, delivery of cannabis by a delivery service or a nonretail business shall not be permitted pursuant to this chapter. It shall be unlawful for any person, limited liability company, corporation, collective, cooperative or any other entity to manage or operate a delivery service operation which salessells, exchanges, barters, transfers, deliversies and/or promotes, any cannabis or cannabis products in the city for commercial purpose.
SECTION 4. Section 9.11.080 (“Exceptions to prohibition of commercial cannabis activity”) shall be added to Chapter 9.11 (“Use, Consumption, Cultivation, Manufacturing, Processing, Testing, Transportation, Delivery and Distribution of Medical and Non-Medical Cannabis”) of Title 9 (“Public Peace, Morals and Welfare”) of the Chowchilla Municipal Code to read as follows:
9.11.080 Exceptions to prohibition of commercial cannabis activity.
A. The delivery of cannabis is prohibited in the City, except for delivery of medicinal cannabis in compliance with Section 26322 of the California Business and Professions Code.
A.B. All licensees delivering medicinal cannabis, pursuant to the requirements of Section 26322 of the California Business and Professions code, must comply with the rules and regulations promulgated under sections 15414 through 15421 of the California Code of Regulations.
SECTION 5. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 6. 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 24th day of October, 2023.
PASSED AND ADOPTED, by the City Council of the City of Chowchilla at a regular meeting held this _____ day of __________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration of a Resolution Accepting the Budget Amendments for Measure N for the 23/24 Fiscal Year
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the Council approved the attached resolution to start the renewal of Measure N.
BACKGROUND:
In November 2018, Measure N was approved by the voters. The Measure is a 1% district tax add-on to the regular sales tax amount and was approved for eight years. It took effect on April 1, 2019. As a result of this Measure passing, an Oversight Committee was created to review the expenditures annually.
REASON FOR RECOMMENDATION:
The increase in funds are necessary to start the renewal process of Measure N for public safety.
FISCAL IMPACT:
Increasing the budget for elections for $107,000.
ALTERNATIVES:
N/A
ACTIONS FOLLOWING APPROVAL:
Authorize the Finance Director to increase budget for $107,000.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING BUDGET AMENDMENTS FOR MEASURE N FOR FISCAL YEAR 2023/2024 WHEREAS, on June 27, 2023, the Chowchilla City County adopted fiscal year 2023-2024 Operating and Capital Budget with Resolution #50-23; and WHEREAS, per Resolution #50-23, Item #6 states, authority to increase appropriations within a fund by an amount not to exceed $100,000 shall rest with the City Administrator and Authority to transfer appropriations between funds will be represented by resolutions duly approved by the City Council; and WHEREAS, the budget amendment exceeds $100,000 requires City Council approval; and WHEREAS, the City Council has met and reviewed the proposed budget amendment to add $107,000 and considered staff’s recommendations.
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 budget changes are hereby approved and adopted and the Finance Director is directed to post into the City’s Financial system.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of October, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: New Business
SUBJECT: Approving an Agreement for Professional Architectural Services with Gary Rogers, Inc. to Update the Cottage Home or Accessory Dwelling Units – PreApproved Accessory Dwelling Unit Design Plans and Authorizing the City Administrator to Execute the Same
PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: 1. Resolution
2. Cottage Homes Program Plans (3)
3. Proposal for Professional Architectural Services Agreement
4. Estimate from CWB Designs
REVIEWED BY
DIRECTOR ☒ REVIEWED BYCITY ATTORNEY ☒ REVIEWED BY ADMINISTRATOR ☒ RECOMMENDATION:
Staff recommends Council consideration approving the Professional Architectural Services Agreement with Gary Rogers and authorizing the City Administrator to execute the same. The agreement authorizes Gary Rogers to update the existing three (3) Cottage Home Program design plans to become compliant with 2022 Building Code standards. Provided the agreement is authorized, Gary will provide updated ADU plans to the City approximately in 4-6 weeks.
BACKGROUND:
The Cottage Home Program, or Accessory Dwelling Unit (ADU) program, was created to develop a streamlined process to encourage infill residential development in the City of Chowchilla and to help the City increase housing production to meet its housing demand goals as set forth by the CA Department of Housing and Community Development (HCD). Additionally, this program will also expand affordable housing options and will introduce a new source of potential income for property owners who choose to construct a cottage home and utilize as a rental property.
Three (3) plans, free of charge to the community, have been developed to fit a variety of property configurations. The cottage home plans range in size from approximately 400 square feet to 500 square feet. The City utilized grant funding from SB2 to cover the cost of developing the pre-approved plan sets.
By giving the community free access to the plans, the goal would be to provide an expedited and costeffective tool to encourage more housing production in the City. An applicant however would still be required to pay the required building permit fees and an Administrative Use Permit Fee.
The architectural design plans for each unit was designed in accordance with the 2019 Building Code which has been replaced by an updated Code. The plans are currently out of compliance and in order to continue serving the community need to be updated to conform to the 2022 Building Code standards.
Staff reached out to a total of four agencies to get estimates for updating the design plans to 2022 Building Code, including the original architect CWB Designs who provided a quote of $12,600.00. Terry Armentrout and Rick Rowland declined the project as each had a current workload that would not permit them to include ADU updates. Gary A. Rogers provided a quote of $11,200.00.
When the Over-the-Counter plans were initially available many community members showed interest, with many requesting a full plan set. Staff has issued 2 building permits using these plans and permitted 5 ADU units in general within the City and has customers awaiting the updated plans.
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). The Cottage Homes Program itself does not require formal approval, therefore, is not considered to be a discretionary action subject to CEQA. The construction of ADUs are allowed byright in zoning districts within the City that allows for residential land uses, therefore, is considered to be a ministerial action not subject to CEQA.
FISCAL IMPACT:
$11,200 – architectural plan design updates.
ALTERNATIVES:
The City can opt to no longer provide the pre-approved plans to the community thus obligating community members to have plans individually designed.
ACTIONS FOLLOWING APPROVAL:
Provided Council approves the Agreement and authorizes the City Administrator to execute the same, Staff will contact Gary A. Rogers to begin.
ATTACHMENT 1 –Resolution
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING AN AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES WITH GARY ROGERS, INC. TO UPDATE THE COTTAGE HOME OR ACCESSORY DWELLING UNITS – PREAPPROVED ACCESSORY DWELLING UNIT DESIGN PLANS AND AUTHORIZING THE CITY
ADMINISTRATOR TO EXECUTE THE SAME
WHEREAS, a Professional Architectural Services Agreement utilizing the services of Gary Rogers, Inc., (“Contractor”) to provide architectural services to update the Cottage Home or Accessory Dwelling Units Design ("the Project") to the current 2022 building codes is presented to Council for consideration; and
WHEREAS, the Contractor does not currently have a contract with the City. The Contractor will provide City Staff with three full design plan sets to be utilized for the Cottage Home Program;and WHEREAS, the Contractor’s Professional Architectural Services Agreement with the City is being considered after the Contractor was selected by soliciting quotes from four qualified vendors who submitted estimate; and
WHEREAS, staff’s belief is that the Contractor’s knowledge and ability to assist the City with its Architectural Capabilities will be adequate, and as such, staff recommends that the Council award the contract to assist the City with completing three designs for the Cottage Home or Accessory Dwelling Unit Program; and
WHEREAS, a scope of services for the provision of activity delivery tasks is outlined in Exhibit ‘A’ to the Professional Architectural Services Agreement, which is attached hereto and incorporate herein as Exhibit ‘A’, with the term of three weeks from the approval of this Agreement or November 30, 2023, whichever is later, with the City of Chowchilla; and WHEREAS, compensation for the performance of activity delivery services will be funded from the City’s General Fund in amount not to exceed Eleven Thousand Two Hundred dollars ($11,200).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The foregoing recitals are true and correct and are a substantive part of this Resolution.
2. The City Council hereby approves the Professional Architectural Services Agreement with the Contractor in the form attached hereto as Exhibit ‘A’, 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 24th day of October, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Ray Barragan, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
Exhibit ‘A’
ATTACHMENT 2 – Cottage Homes Program Plans (3)
ATTACHMENT 3 – Proposal for Professional Architectural Services Agreement
CWB Designs
3838 N. Chickadee Ave. Sanger, CA 93657
Phone # 559−294−6534
Estimate
DATE ESTIMATE #
7/27/2023 23528R
DESCRIPTION QTY COST TOTAL
Drafting and Coordination of each of 3 standard plans
for Accessory Dwelling Units updated to 2022 California Building Codes.
3 1,400.00 4,200.00
Structural Engineering (each plan)
Mechanical Design and Energy Compliance Calculations
(each plan)
PV System Design and plans (each plan)
3 3
3 1,750.00
750.00
300.00
5,250.00
2,250.00
900.00
Price includes:
− All required plans and supporting engineering required for City of Chowchilla Building Department Review and
Approval
− Any Prints required for plan check and permits.
Exclusions:
−Any fees associated with plan check and/or permits
shall be paid by the City of Chowchilla.
−Building, Planning and Engineering Division requirements for any lot specific permits.
−Fire Sprinkler design and Calculations by others (as
required)
This is a revised estimate TOTAL $12,600.00
Community and Economic Development c/o
Janae Lacey
130 S Second Street Chowchilla,
CA 93610
2022 code updates
PROJECT
REPORT TO THE CITY COUNCIL
Item 6.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: Information Only
SUBJECT: Self Help Enterprises Chowchilla Multi-Family Housing Project PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: Self-Help Enterprises Request for Commitment of Reap Funding
REVIEWED BY
FINANCE ☒ REVIEWED BYCITY ATTORNEY ☒ REVIEWED BY ADMINISTRATOR ☒ RECOMMENDATION:
This item is being presented as an informational item. Once the conceptual project has a been submitted to the City for consideration and additional funding sources secured, staff will bring the request to council to consider the commitment requests. Over the past couple of months City Staff has been working SelfHelp Enterprises exploring various locations within the community for an affordable housing development.
No action is required by Council at this time.
BACKGROUND:
Self Help Enterprises is currently in the acquisition process of obtaining a parcel(s) within the City of Chowchilla. The property is located along Washington Drive, approximately 400 feet west of Robertson Boulevard. They have submitted a ‘Letter of Intent’ with the property owner and completed the phase I Environmental Assessment. Over the past couple of months Self-Help has been working with consultants designing and engineering the project. Currently, they are in the process of securing funding for this project.
Self-Help recently submitted an Infill Infrastructure Grant Program (IIG) grant application to California Department of Housing and Community Development (HCD) seeking funding for this project. Staff assisted with the application process providing various information regarding the project site as it related to zoning and the entitlement process.
At this time Self-Help is requesting Council to commit the City’s REAP 2.0 funding allocation (see attached).
However, City Staff would like to have a project meeting with MCTC staff prior to the funds being committed by Council to this project. The delay is to ensure the public outreach process outlined in the request would be considered sufficient by MCTC Staff. Once the REAP 2.0 outreach process has been completed, staff will bring the committal of funding request forward to Council for consideration.
Additional funding the City would be able to allocate to this project is the City’s HOME Program Income funds. Currently, the City has approximately $1.3 Million available for a HOME eligible project. The proposed project would be considered an eligible affordable housing project.
FISCAL IMPACT:
At this time, there is no fiscal impact to City of Chowchilla other than the use of City staff time. Currently, Self-Help Enterprises is in the process of submitting grant applications requesting funding allocations from various Affordable Housing programs available through HCD.
Some of the various funding programs Self Help and the City are exploring:
1. Affordable Housing & Sustainable Communities (AHSC)
2. Low-Income Housing Tax Credit Program (LIHTC)
3. Infill Infrastructure Grant Program (IIG)
4. Reserve Education Assistance Program (REAP)
5. HOME Investment Partnership Program (HOME)
6. HOME Program Income – City of Chowchilla
7. Community Development Block Grant Program (CDBG)
ALTERNATIVES:
No alternatives to be considered, as this was presented as an informational item.
ACTIONS FOLLOWING APPROVAL:
Staff will coordinate a meeting between Self-Help and MCTC to discuss if the outreach justification is sufficient.
1. If the previous project outreach has been determined as sufficient, City Staff will work with SelfHelp to complete the REAP 2.0 Application. Or
2. If the previous project outreach has been determined as insufficient, staff will begin working with Self-Help and MCTC to ensure the proper outreach is completed moving forward.
Attachment 1 – Self Help Enterprises Request to City
A Nonprofit Housing and Community Development Organization Main Office: 8445 W. Elowin Court · P.O. Box 6520 · Visalia, CA 93290 · Phone (550)651-1000 · Fax (559)651-3634 _________________________________________________________________________________________________________________ [email protected] · www.selfhelpenterprises.org
September 29, 2023
Mark Hamilton
Director of Community and Economic Development
City of Chowchilla
130 S. 2nd Street
Chowchilla, CA 93610
Re: Request for commitment of REAP Funding
Chowchilla Multifamily Housing Project
Dear Mr. Hamilton,
Self-Help Enterprises (SHE) is requesting the commitment of the City of Chowchilla allocation of Regional Early Action Planning 2.0 (REAP) funding to support the development of affordable housing on an infill site in Chowchilla envisioned to reduce greenhouse gas reductions and promote housing equity. The funding will be utilized for the construction of sidewalks, bike lanes and electric vehicle charging infrastructure to be developed in conjunction with the new affordable rental community in Chowchilla.
Project Description
Chowchilla Multifamily Housing Project (CMFHP) is a new affordable rental community being developed by Self-Help Enterprises (SHE). Located along Washington Road and Maple Street in the city (see map below), CMGHP offers one, two and three-bedroom units to low-income families/individuals, seniors and families at-risk of homelessness.
Self-Help Enterprises- Request for Commitment of REAP Funding Page 2 of 4 Photo 1: Project Location
The project will consist of a two-phased, multifamily complex for low-income households. Phase one will consist of nine buildings hosting eighty (80) 1-, 2- & 3-bedroom apartments and various common area amenities. The project’s community center will provide office space for the full-time on-site manager and resident services staff. The community center will be available for family gatherings and community workshops and will also provide space for the after-school program and a variety of resident services.
Project Status
SHE is currently in the acquisition process of obtaining the site (land) in Chowchilla. We have completed our phase I Environmental Assessment and have consultants working on design and engineering. We are securing funding for this project, and your approval of this request will aid in this.
REAP funding Goals & Requirements
1. Significant Beneficial Impact
The principal goal of REAP 2.0 is to meet housing and equity goals, reduce Vehicle Miles Traveled (VMT) Per Capita, and advance implementation of the region’s Sustainable Communities Strategy (SCS). This is being done by the following:
a. Accelerating Infill Development that Facilitates Housing Supply, Choice, and Affordability.
CMFHP will serve residents earning 30-60% of the area median income (AMI) and rents will range from $350-$1000 per month. This housing opportunity allows families to pay an affordable rent, thus achieving housing stability and pursuing other financial goals such as attending school or saving for homeownership. All buildings feature innovative electrical, mechanical, plumbing and communications systems.
Self-Help Enterprises- Request for Commitment of REAP Funding Page 3 of 4 b. Affirmatively Furthering Fair Housing
This Affordable Housing Project is in a high-resource area and will include the development of a roadway (including sidewalks and bike lanes) from Washinton Road to the local city street, providing an alternative access route to the community as well as traffic control. Our project will serve lowincome families/individuals, seniors and families at-risk of homelessness, giving them affordable housing and home and community amenities that may not have been previously available to them.
SHE will conduct outreach and engagement to marginalized community members to ensure they have access to affordable housing, and employs culturally competent staff to ensure fairness, access and inclusion through project design and lease-up.
c. Reducing Vehicle Miles Traveled
The project includes a fully integrated community offering multi-generational housing where lowincome families live in a service enriched environment. Some of these services which are located in close proximity of our site is listed below:
Table 1: Site Amenities
Amenity Type Name Address Distance from
Site (miles)
Transit Countrywood Shopping
Center Bus Station
1750 Robertson Blvd, Chowchilla,
CA 93610
0.14 Park Edward Ray Park 625 N 15th St, Chowchilla, CA 93610 0.27 Library Chowchilla Branch Library 300 Kings Ave, Chowchilla, CA 93610
Just under 1
mile
Grocery Store Dollar General Market 1750 Robertson Blvd, Chowchilla, CA 93610
0.14 School Wilson Middle School 1209 Robertson Blvd, Chowchilla, CA 93610
0.37 Medical Chowchilla Family Clinic 129 N 5th St, Chowchilla, CA 93610 0.81 Pharmacy Rite Aid Pharmacy 48 Robertson Blvd, Chowchilla, CA 93610
1.13 2. Equitable Targeted Outreach
SHE and the City of Chowchilla have already conducted a workshop in Chowchilla to present our upcoming project to the community at the Builder’s forum. SHE has two additional workshops scheduled for October 2023 and plans to continue to schedule two per month until December 2023 with the Chowchilla community. There engagement events will inform the design of the community and the investment of REAP funds in the various infrastructure improvements. SHE will also seek feedback on the design of resident services desired to meet the needs of potential low-income residents at the project. For example, if there is a specific health concern, such as obesity prevention in youth, SHE can design programs, such as a walk-to-school program, to address those health concerns.
Self-Help Enterprises- Request for Commitment of REAP Funding Page 4 of 4 The City of Chowchilla has also conducted a survey to gather information on the Housing needs and constraints of the targeted community. This assessment demonstrated the need for additional affordable housing in Chowchilla and supports the application of REAP funds for this project.
Additionally, Madera County Transportation Commission hosted Virtual Workshops: September 29, 5:30 pm; October 12, 5:30 p.m. and Hybrid Workshops: October 26, 1:30 p.m.; November 16, 1:30 p.m. to receive feedback on the use of REAP funds. Self-Help Enterprises attended and participated in those workshops. Once point of feedback was the need to support transportation improvements. In response to this feedback, SHE would be willing to construct a bus stop in conjunction with this project, in response to the feedback received. Based on the extensive community engagement that has been conducted to date, and the additional workshops planned by SHE, we do not believe any additional outreach is warranted for the allocation of REAP.
Given the above information, we believe that our project meets the REAP guidelines and requirements and will be a favorable investment for the City of Chowchilla.
If you have any further questions, please contact me at 559-802-1653.
Sincerely,
-------------------------------------
Betsy McGovern-Garcia
Vice President
Self-Help Enterprises
REPORT TO THE CITY COUNCIL
Item 6.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: New Business
SUBJECT: A Resolution of the City Council of the City of Chowchilla, California Delaying Implementation of Revised Business License Fees for Semi-Mobile Food Vendors for a Designated Period of Time and Establishing the Mobile Food Vendor Ad Hoc Committee
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopts a resolution to temporarily delay the implementation of revised business license fees for semi-mobile vendors for a specified period of time (to be 45 days or the date upon which the Mobile Food Vendor ad hoc committee ceases to exist, whichever is later) and establish a mobile food vendor Ad Hoc committee.
BACKGROUND:
The City of Chowchilla recently amended the Master User Fee Schedule to include a daily and annual fee for semi-mobile food vendors. Recent input from residents and the public has been provided, objecting to and supporting regulation of mobile food vendors.
The City of Chowchilla places a strong priority on the concerns of residents and the City Council desires to ensure a balanced approach to implementation of any mobile food vendor regulations and fees.
REASON FOR RECOMMENDATION:
Staff believes creation of a Mobile Food Vendor ad hoc committee will best allow the City Council to obtain and receive information pertinent to balanced regulation.
FISCAL IMPACT:
There is no fiscal impact other than no longer charging the $100/day fee for 45 days or until the Mobile Food Vendor ad hoc committee ceases to exist, whichever is later.
ALTERNATIVES:
Leave things the way they are.
ACTIONS FOLLOWING APPROVAL:
Staff will set up a meeting for the Ad Hoc.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA DELAYING
IMPLEMENTATION OF REVISED BUSINESS LICENSE FEES FOR SEMI-MOBILE FOOD VENDORS
FOR A DESIGNATED PERIOD OF TIME AND ESTABLISHING THE MOBILE FOOD VENDOR AD
HOC COMMITTEE
WHEREAS, the City of Chowchilla places a strong priority on the concerns of residents; and WHEREAS, the City of Chowchilla recently amended the Master User Fee Schedule to include a daily and annual fee for semi-mobile food vendors; and
WHEREAS, recent input from residents and the public has been provided, objecting to and supporting regulation of mobile food vendors; and
WHEREAS, the City Council desires to ensure a balanced approach to implementation of any mobile food vendor regulations and fees; and
WHEREAS, the City Council believes creation of a Mobile Food Vendor ad hoc committee will best allow the City Council to obtain and receive information pertinent to balanced regulation; and WHEREAS, the City Council desires to delay implementation of the amended semi-mobile food vendor business license fees until adequate time has been provided to the Mobile Food Vendor ad hoc committee to evaluate and study current mobile food vendor practices, ordinances and fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. Temporarily delays implementation of the revised business license fees for semi-mobile food vendors for a period of forty-five (45) days or the date upon which the Mobile Food Vendor ad hoc committee ceases to exist, whichever is later.
2. Establishes the Mobile Food Vendor ad hoc committee and appoints two members of the City Council for the limited purpose of: (1) reviewing the City’s current mobile food vendor ordinances and developing and/or recommending modifications; (2) studying the potential impact of mobile food vendor regulations within the community; and (3) reviewing the impact and current practices of local governments near the City of Chowchilla.
3. The committee will confer and meet as necessary, in its judgment, to complete its assignment.
4. Upon completion of its assignment, the committee shall cease to exist and shall be deemed dissolved.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 24th day of October, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: October 24, 2023
AGENDA SECTION: New Business
SUBJECT: Availability of the Public Review Draft of the 2024-2032 Housing Element PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: None
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
No Recommendation; information only.
Discussion:
The Public Review Draft of the 2024-2032 Housing Element is now available for public comment for a period of 30 days (Tuesday, October 10, 2023 – Thursday, November 9, 2023).
To review the Housing Element, visit the Housing Element Update webpage linked below to download the Housing Element in its entirety or by individual chapters. https://www.cityofchowchilla.org/397/Housing-Element-Update-2024-2032 The options to provide comments are as follows:
1. Email your comments to Mark Hamilton, Director of Community and Economic Development, at [email protected].
2. Drop off or mail your comments to City of Chowchilla, Community and Economic Development Department, Attn. Mark Hamilton, 130 South Second Street, Chowchilla, CA 93610.
3. Use this online form to provide your comments:
https://docs.google.com/forms/d/e/1FAIpQLSdhxQAz_WttqIE9BjXafjJZP727FUvGbnkPtKLKYvPIMM Dv8w/viewform