Chowchilla City Council
November 14, 2023

AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, November 14, 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.

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 – INITIATION OF LITIGATION Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation):
1 case

3. LIABILITY CLAIMS
Pursuant to Government Code Section 54961
Claimant: Raffi & Associates, Attorney for Evangelina Carranza Quintero, Iliana Tapia, & Osiel Tapia
Agency claimed against: City of Chowchilla
City Council Meeting AGENDA November 14, 2023
OPEN SESSION – 4:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION:

CLOSED SESSION REPORT:

PRESENTATIONS/WORKSHOP - Section 1

1.1 4-H Club Donation to the Chowchilla Animal Shelter

1.2 Madera County Economic Development Commission Presentation by Executive Director Darren Rose

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 24, 2023 City Council Meeting Minutes (McClendon)

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

3.3 Adoption 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)

3.4 Consideration and Adoption of a City Council Resolution Authorizing Filing of the Deed of Easements for Existing Pedestrian Facilities (Rogers) City Council Meeting AGENDA November 14, 2023

3.5 Consideration and Adoption of a City Council Resolution Approving the Amendment to the Application for Local Transportation Funds (LTF) for Fiscal Year 2021/2022, 2022/2023, and 2023/2024 and Authorizing the City Administrator or Designee to Execute and Submit the Amendments to MCTC (Williams)

3.6 Consideration of Rejection of Claim FR101569: Evangelina Quintero, Iliana Tapia, Osiel Tapia c/o Raffi & Associates (McClendon)
PUBLIC HEARINGS – Section 4

4.1 Consideration and Adoption of City Council Resolutions Approving Formation of City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing as Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District; Determining the Necessity to Incur Bonded Indebtedness of the City of Chowchilla Community Facilities District No 2023-1 (Replacement of CFD 2006-1) and Submitting Proposition to the Qualified Electors of the District; and Calling Special Election Within Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (Hamilton)

4.2 Consideration and Adoption of a City Council Resolution Authorizing the Closeout of Community Development Block Grant No. 21-CDBG-PI-00022 (Rogers)

4.3 Consideration and Adoption of a City Council Resolution Authorizing Staff to Submit the 2024-2032 Housing Element Update to the State of California Department of Housing and Community Development for Review (Hamilton)

4.4 Introduction of an Ordinance of the City Council of the City of Chowchilla Amending Various Sections of Title 15 – Buildings and Construction, of the Chowchilla Municipal Code (Hamilton)

4.5 Introduction of an Ordinance of the City Council of the City of Chowchilla to Approve Development Agreement 23-0174 for the Sessions Vesting Tentative Subdivision Map No. 17-0006 (Hamilton)
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution Authorizing Submittal of Applications for 2023 Call for Projects for Congestion Mitigation and Air Quality Program, Supporting and Implementing AB 1012 “Timely Use of Funding” (Rogers)

6.2 Consideration and Adoption of a City Council Resolution Amending the 2023/2024 Salary Scale to Include the Public Works Facilities Supervisor Classification (Rogers) ANNOUNCEMENTS – Section 7
NOV 15 PLANNING COMMISSION MEETING, CITY HALL, 5PM
NOV 23-24 THANKSGIVING HOLIDAY, CITY OFFICES CLOSED
NOV 28 CITY COUNCIL MEETING, CITY HALL, 4PM
City Council Meeting AGENDA November 14, 2023

ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 9th day of November, 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: 061 138
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-669-444-9171
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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 24, 2023
Closed Session: 3:00 p.m. ~ Open Session: 4:00 p.m.

CALL TO ORDER/ROLL CALL: 3:09 p.m.

Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost (absent) City staff and contract employees present: City Administrator Rod Pruett, City Attorney Rob Lomeli, Police Chief Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Finance Director Kerri Williams, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon.

CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions:

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

PUBLIC ADDRESS – CLOSED SESSION
None.

CLOSED SESSION – 3:11 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
OPEN SESSION – 4:03 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Syp Vander Doosen
CLOSED SESSION REPORT: No reportable action.

PRESENTATIONS/WORKSHOP - Section 1

1.1 Michelle Talley, Chowchilla Rotary, Presentation Donating the Proceeds Raised ($5,000.00) from the Centennial Dinner Event to the Chowchilla Animal Shelter City Council Meeting MINUTES October 24, 2023

PUBLIC ADDRESS
No one spoke.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Chavez and Mayor Barragan attended the Trinity Pregnancy Center Annual Dinner.

Mayor Pro Tem Smith attended the CAC meeting with the prisons but left along with everyone else due to the fire alarm going off halfway through.

Council Member Ahmed also attended the Trinity Pregnancy Center Annual Dinner, attended the CTC Reception at MCTC and the dinner at Cru Winery as CTC was visiting the county. He also attended the CALAFCO Conference in Monterey and the Chowchilla Chamber of Commerce ribbon cutting of the new service club sign.

2.2 STAFF VERBAL REPORTS
City Administrator Pruett attended a meeting with Enterprise Fleet, working out the shortage issue of public safety vehicles; attended the CTC reception and dinner event; met with Sessions regarding the Lone Oak development agreement; he gave an update on the Fairmead project; met with the California High Speed Rail on the reimbursement agreement, and met over the proposed CFD.

Deputy Director Wisener attended the Trinity Pregnancy Center dinner. The Halloween Trunk or Treat event is this Saturday at Veterans Memorial Park from 6 to 8:30 p.m. She visited the Senior Center to check in on how things are running, and the program is doing extremely well. She launched the registration for Christmas parade; and, the Centennial Dinner donation to animal shelter was also $5,000.

Public Works Director Rogers attended the CTC Reception and Dinner with Rod, Waseem and Jeff and gave a presentation to the CTC that focused on past project partnerships and future funding needs of the City. There will be a bid opening Thursday for the Urban Runoff/Sonoma Ave Stormdrain Project. Last week there was a bid opening held for the Pickleball Courts at Ed Ray Park and received 9 bids. Staff is currently reviewing the bids and plan on bringing back to Council in November for award.

Community & Economic Development Director Hamilton reported that he attended the CalFwd Conference with Economic Development Specialist Janae Lacey; the Autozone project is 2 months ahead of schedule. He went through departmental stats; staff is continuing to work on the Housing Element with Precision Engineering.

Finance Director Williams Measure N renewal meting; met with auditors; finance continuing year end closing and normal duties.

Fire Chief Gaumnitz attended a Measure N meeting. He reported on a fire in Greenhills along the berm and the person who set it on fire is still at large. The final drawing edits for the expansion project has been submitted back to Deide Construction. The Fire Engine is back, again, fully outfitted, should be ready for presentation at the next Council meeting.

City Council Meeting MINUTES October 24, 2023
Police Chief Palmer went over departmental stats. Also attended the Measure N meeting. his department received new rifle sites, and the donations received tonight will be going towards improvements at the Animal Shelter. Right now, only about 5% of the animals rendered at the Shelter are reclaimed by their owners.

CONSENT CALENDAR – Section 3

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)

3.5 Consideration and Adoption of a City Council Resolution (79-23) 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)
Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith to Approve the Consent Calendar as Presented. Motion passed with Council Member Troost absent.

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 9.11 of Title 9 of the Chowchilla Municipal Code (Pruett)
Mayor Barragan opened the public hearing at 4:22 p.m. No one came forward for or against the item. Mayor Barragan closed the public hearing at 4:22 p.m.

Motion by Council Member Chavez, Seconded by Mayor Pro Tem Smith to Approve the 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 9.11 of Title 9 of the Chowchilla Municipal Code. Motion passed with Council Member Troost absent.

DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution (80-23) Approving Budget Amendments for Measure N for Fiscal Year 2023/2024 (Williams) Motion by Mayor Pro Tem Smith, Seconded by Council Member Ahmed to Approve City Council Resolution #80-23, Approving Budget Amendments for Measure N for Fiscal Year 2023/2024.

Motion passed with Council Member Troost absent.

6.2 Consideration and Adoption of a City Council Resolution (81-23) Approving an Agreement for Professional Architectural Services with Gary Rogers, Inc. to Update City Council Meeting MINUTES October 24, 2023
the Cottage Home or Accessory Dwelling Units – Pre-Approved Accessory Dwelling Unit Design Plans and Authorizing the City Administrator to Execute the Same (Hamilton)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Chavez to Approve City Council Resolution #81-23, Approving an Agreement for Professional Architectural Services with Gary Rogers, Inc. to Update the Cottage Home Accessory Dwelling Units – Pre-Approved Accessory Dwelling Unit Design Plans and Authorizing the City Administrator to Execute the Same. Motion passed with Council Member Troost absent.

6.3 Informational Item Only – Self-Help Enterprises Chowchilla Multi-Family Housing Project (Hamilton)

6.4 Consideration and Adoption of a City Council Resolution (82-23) 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)
Spoke:

Jacob Sandoval
Josue Diaz
Motion by Council Member Chavez, Seconded by Council Member Ahmed to Appoint Mayor Barragan and Mayor Pro Tem Smith to the Mobile Food Vendor Ad Hoc Committee. Motion passed with Council Memer Troost absent.

Motion by Council Member Ahmed, Seconded by Council Member Chavez to Approve City Council Resolution #82-23, Delaying Implementation of Revised Business License Fees for SemiMobile Food Vendors for a Designated Period of Time and Establishing the Mobile Food Vendor Ad Hoc Committee. Motion passed with Council Member Troost absent.

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
Mayor Barragan Adjourned the October 24, 2023 City Council Meeting at 4:44 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: November 14, 2023
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Check list report

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

Informational only. The invoices paid are shown in the attached listing of invoices.

BACKGROUND:

Presented this evening is a list of invoices paid in October 2023.

REASON FOR RECOMMENDATION:

Informational item only.

FISCAL IMPACT:

Each item shown on the invoice list includes a description of that item and the amount of the invoice.

ALTERNATIVES:

Not applicable.

ACTIONS FOLLOWING APPROVAL:

None.
11/2/2023 9:23:23 AM Page 1 of 6
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 10/01/2023 - 10/31/2023
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
10/02/2023 66008 Britney Lugo Utility Billing Outstanding Check -69.68 10/02/2023 66009 River Drive Properties Utility Billing Outstanding Check -211.22 10/02/2023 66010 Fuyan Lu Utility Billing Outstanding Check -214.90 10/05/2023 66011 AT & T CALNET Accounts Payable Outstanding Check -1,528.22 10/05/2023 66012 AutoZone Parts, Inc Accounts Payable Outstanding Check -241.23 10/05/2023 66013 Baker Supplies and Repairs Accounts Payable Outstanding Check -137.09 10/05/2023 66014 Blue Shield of California Accounts Payable Outstanding Check -71,788.08 10/05/2023 66015 BSK Associates Accounts Payable Outstanding Check -1,054.00 10/05/2023 66016 Burton's Fire Inc. Accounts Payable Outstanding Check -757.08 10/05/2023 66017 Carlos Berrocal Accounts Payable Outstanding Check -636.92 10/05/2023 66018 Cascade Fire Equipment Company Accounts Payable Outstanding Check -1,959.90 10/05/2023 66019 CDW Government, Inc. Accounts Payable Outstanding Check -359.18 10/05/2023 66020 Central SJVRMA Accounts Payable Outstanding Check -192,414.00 10/05/2023 66021 Chowchilla Do It Best Accounts Payable Outstanding Check -43.54 10/05/2023 66022 Comcast Accounts Payable Outstanding Check -288.53 10/05/2023 66023 Cook's Communication Corp Accounts Payable Outstanding Check -23,833.62 10/05/2023 66024 ESO Solutions Inc. Accounts Payable Outstanding Check -2,937.71 10/05/2023 66025 Farmers Hardware Accounts Payable Outstanding Check -702.00 10/05/2023 66026 Grover Landscape Services Inc. Accounts Payable Outstanding Check -5,124.00 10/05/2023 66027 L.N. Curtis & Sons Accounts Payable Outstanding Check -2,936.70 10/05/2023 66028 Lozano Smith, LLP Accounts Payable Outstanding Check -17,197.71 10/05/2023 66029 Madera Co Auditor/Controller Accounts Payable Outstanding Check -98,062.55 10/05/2023 66030 Madera County Tax Collector Accounts Payable Outstanding Check -5,117.56 10/05/2023 66031 Madera Tribune Accounts Payable Outstanding Check -825.50 10/05/2023 66032 Mark Angel Accounts Payable Outstanding Check -34.00 10/05/2023 66033 Michael Baker International Inc. Accounts Payable Outstanding Check -6,068.75 10/05/2023 66034 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -145,907.68 10/05/2023 66035 MidLand Tractor Company Accounts Payable Outstanding Check -27.71 10/05/2023 66036 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -774.20 10/05/2023 66037 Navia Benefit Solutions Accounts Payable Outstanding Check -64.80 10/05/2023 66038 NBS Government Finance Group Accounts Payable Outstanding Check -4,007.28 10/05/2023 66039 Occupational Health Centers of California Accounts Payable Outstanding Check -217.50 10/05/2023 66040 ODP Business Solutions, LLC Accounts Payable Outstanding Check -265.75 10/05/2023 66041 Plan It Software LLC Accounts Payable Outstanding Check -800.00 10/05/2023 66042 Price Paige & Company CPA's LLP Accounts Payable Outstanding Check -1,865.00 10/05/2023 66043 Principal Life Insurance Company Accounts Payable Outstanding Check -8,507.23 Bank Transaction Report Issued Date Range: -
11/2/2023 9:23:23 AM Page 2 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/05/2023 66044 ProClean Supply Accounts Payable Outstanding Check -845.26 10/05/2023 66045 Prudential Overall Supply Accounts Payable Outstanding Check -126.67 10/05/2023 66046 Purl's Sheet Metal & Air Conditioning Inc. Accounts Payable Outstanding Check -1,685.27 10/05/2023 66047 Quad Knopf, Inc. Accounts Payable Outstanding Check -43,197.76 10/05/2023 66048 Void Check Accounts Payable Voided Check 0.00 10/05/2023 66049 Railworks Track Systems LLC Accounts Payable Outstanding Check -215.00 10/05/2023 66050 Rod Pruett Accounts Payable Outstanding Check -224.50 10/05/2023 66051 Salters Distributing Inc Accounts Payable Outstanding Check -10,000.00 10/05/2023 66052 Silva Ford Madera Accounts Payable Outstanding Check -94.87 10/05/2023 66053 Southern Tire Mart LLC Accounts Payable Outstanding Check -574.35 10/05/2023 66054 Sparkletts Accounts Payable Outstanding Check -61.92 10/05/2023 66055 Steve Badilla Investigations Accounts Payable Outstanding Check -2,213.95 10/05/2023 66056 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,651.94 10/05/2023 66057 T-Mobile USA Inc Accounts Payable Outstanding Check -126.60 10/05/2023 66058 US BANK (CAL-CARD) Accounts Payable Outstanding Check -16,416.87 10/05/2023 66059 Van De Pol Enterprises Accounts Payable Outstanding Check -6,909.50 10/05/2023 66060 Verizon Wireless Accounts Payable Outstanding Check -2,795.51 10/05/2023 66061 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -1,698.30 10/05/2023 66062 Adrian Rocha Accounts Payable Outstanding Check -672.56 10/05/2023 66063 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 10/05/2023 66064 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -860.00 10/05/2023 66065 Void Check Accounts Payable Voided Check 0.00 10/05/2023 66066 Chowchilla Employees Assn. Accounts Payable Outstanding Check -210.00 10/05/2023 66067 Chowchilla Mid-Management Accounts Payable Outstanding Check -130.00 10/05/2023 66068 Chowchilla Office Accounts Payable Outstanding Check -105.00 10/05/2023 66069 Dawnya Rambo Accounts Payable Outstanding Check -1,107.56 10/05/2023 66070 Fitness Peak Accounts Payable Outstanding Check -87.50 10/05/2023 66071 Jeff Troost Accounts Payable Outstanding Check -284.40 10/05/2023 66072 John Chavez Accounts Payable Outstanding Check -210.61 10/05/2023 66073 U.S. Bank (PARS) Accounts Payable Outstanding Check -282.66 10/05/2023 66074 Waseem Ahmed Accounts Payable Outstanding Check -284.40 10/05/2023 66075 Monica Tapia Utility Billing Outstanding Check -159.87 10/10/2023 66076 Miriam Deniz Utility Billing Outstanding Check -1,560.15 10/11/2023 66077 AutoZone Parts, Inc Accounts Payable Outstanding Check -29.44 10/11/2023 66078 Badger Meter Inc. Accounts Payable Outstanding Check -1,245.30 10/11/2023 66079 Baker Supplies and Repairs Accounts Payable Outstanding Check -1,125.56 10/11/2023 66080 BSK Associates Accounts Payable Outstanding Check -78.00 10/11/2023 66081 Business Telecommunication Systems LLC Accounts Payable Outstanding Check -706.53 10/11/2023 66082 Cascade Fire Equipment Company Accounts Payable Outstanding Check -1,027.69 10/11/2023 66083 Central Valley Concrete, Inc. Accounts Payable Outstanding Check -652.50 10/11/2023 66084 Central Valley Veterinary Clinic Accounts Payable Outstanding Check -773.86 10/11/2023 66085 Chowchilla Do It Best Accounts Payable Outstanding Check -98.87 10/11/2023 66086 Chowchilla Lioness Lions Club Accounts Payable Outstanding Check -450.00 Bank Transaction Report Issued Date Range: -
11/2/2023 9:23:23 AM Page 3 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/11/2023 66087 Comcast Accounts Payable Outstanding Check -249.91 10/11/2023 66088 Cook's Communication Corp Accounts Payable Outstanding Check -2,317.99 10/11/2023 66089 Farmers Hardware Accounts Payable Outstanding Check -184.54 10/11/2023 66090 Fastenal Company Accounts Payable Outstanding Check -318.27 10/11/2023 66091 Golden Valley Door & Millwork Accounts Payable Outstanding Check -1,283.79 10/11/2023 66092 Home Depot Credit Services Accounts Payable Outstanding Check -1,504.84 10/11/2023 66093 Law & Associates Investigations Accounts Payable Outstanding Check -700.00 10/11/2023 66094 Lexipol LLC Accounts Payable Outstanding Check -2,492.00 10/11/2023 66095 Mace Pest Control Accounts Payable Outstanding Check -195.00 10/11/2023 66096 ODP Business Solutions, LLC Accounts Payable Outstanding Check -525.49 10/11/2023 66097 PACE Supply Corp Accounts Payable Outstanding Check -189.65 10/11/2023 66098 PARS Accounts Payable Outstanding Check -487.59 10/11/2023 66099 Precision Civil Engineering, Inc. Accounts Payable Outstanding Check -29,997.10 10/11/2023 66100 ProClean Supply Accounts Payable Outstanding Check -203.63 10/11/2023 66101 Prudential Overall Supply Accounts Payable Outstanding Check -96.22 10/11/2023 66102 Quad Knopf, Inc. Accounts Payable Outstanding Check -2,691.00 10/11/2023 66103 Rachel Beaird Accounts Payable Outstanding Check -50.00 10/11/2023 66104 Rick Manuel Medeiros Accounts Payable Outstanding Check -670.00 10/11/2023 66105 Ross Recreation Equipment Inc. Accounts Payable Outstanding Check -3,611.61 10/11/2023 66106 San Diego Police Equipment Company Inc Accounts Payable Outstanding Check -190.73 10/11/2023 66107 Super Circuits Inc. Accounts Payable Outstanding Check -897.96 10/11/2023 66108 Trinity Pregnancy Resource Center Accounts Payable Outstanding Check -300.00 10/11/2023 66109 US BANK (CAL-CARD) Accounts Payable Outstanding Check -2,933.19 10/11/2023 66110 US Post Office Accounts Payable Outstanding Check -2,438.34 10/11/2023 66111 Vulcan Materials Accounts Payable Outstanding Check -763.66 10/11/2023 66112 West Coast Arborists Inc. Accounts Payable Outstanding Check -20,497.50 10/12/2023 66113 Teichert Construction Utility Billing Outstanding Check -924.96 10/12/2023 66114 Joanna Campos Utility Billing Outstanding Check -110.87 10/13/2023 66115 Self Help Enterprises Utility Billing Outstanding Check -1,131.58 10/19/2023 66116 Aanonson Sprinkler Company Accounts Payable Outstanding Check -166.40 10/19/2023 66117 Anderson Pump Co Accounts Payable Outstanding Check -51.48 10/19/2023 66118 BSK Associates Accounts Payable Outstanding Check -738.00 10/19/2023 66119 California Building Standards Accounts Payable Outstanding Check -276.30 10/19/2023 66120 CDFA Program Accounts Payable Outstanding Check -34.00 10/19/2023 66121 Central Valley Veterinary Clinic Accounts Payable Outstanding Check -3,119.00 10/19/2023 66122 Chowchilla Do It Best Accounts Payable Outstanding Check -7.51 10/19/2023 66123 De Lage Landen Financial Services Inc. Accounts Payable Outstanding Check -1,598.99 10/19/2023 66124 Department of Conservation Accounts Payable Outstanding Check -8.06 10/19/2023 66125 Department of Justice/Acc Accounts Payable Outstanding Check -260.00 10/19/2023 66126 Division of State Architect Accounts Payable Outstanding Check -196.00 10/19/2023 66127 Farmers Hardware Accounts Payable Outstanding Check -8.74 10/19/2023 66128 Fastenal Company Accounts Payable Outstanding Check -30.80 10/19/2023 66129 Gideon Pest Control Accounts Payable Outstanding Check -48.00 Bank Transaction Report Issued Date Range: -
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Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/19/2023 66130 Grover Landscape Services Inc. Accounts Payable Outstanding Check -5,849.29 10/19/2023 66131 Interstate Battery of Fresno Accounts Payable Outstanding Check -716.83 10/19/2023 66132 John Chavez Accounts Payable Outstanding Check -242.12 10/19/2023 66133 Kelly Moore Paint Company Inc. Accounts Payable Outstanding Check -450.40 10/19/2023 66134 Madera Co Auditor/Controller Accounts Payable Outstanding Check -11,611.97 10/19/2023 66135 Mark Hamilton Accounts Payable Outstanding Check -150.00 10/19/2023 66136 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -3,288.86 10/19/2023 66137 Mountain Mikes Pizza Accounts Payable Outstanding Check -16,250.00 10/19/2023 66138 NBS Government Finance Group Accounts Payable Outstanding Check -2,500.00 10/19/2023 66139 O'Reilly Auto Parts Accounts Payable Outstanding Check -135.52 10/19/2023 66140 PROtech Security & Electronics Inc. Accounts Payable Outstanding Check -220.08 10/19/2023 66141 Prudential Overall Supply Accounts Payable Outstanding Check -344.93 10/19/2023 66142 Robin Roman Accounts Payable Outstanding Check -22.93 10/19/2023 66143 Rod Pruett Accounts Payable Outstanding Check -185.00 10/19/2023 66144 S & W Auto Parts Inc. Accounts Payable Outstanding Check -519.40 10/19/2023 66145 Sparkletts Accounts Payable Outstanding Check -67.91 10/19/2023 66146 State of California - (CAL FIRE) Accounts Payable Outstanding Check -1,589.56 10/19/2023 66147 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,702.48 10/19/2023 66148 The Lew Edwards Group Accounts Payable Outstanding Check -2,750.00 10/19/2023 66149 Tyler Technologies, Inc. Accounts Payable Outstanding Check -8,647.05 10/19/2023 66150 US BANK (CAL-CARD) Accounts Payable Outstanding Check -19,383.93 10/19/2023 66151 Van De Pol Enterprises Accounts Payable Outstanding Check -7,317.82 10/19/2023 66152 Waseem Ahmed Accounts Payable Outstanding Check -242.12 10/19/2023 66153 West Coast Pet Memorial Service Accounts Payable Outstanding Check -180.47 10/20/2023 66154 Adrian Rocha Accounts Payable Outstanding Check -672.56 10/20/2023 66155 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 10/20/2023 66156 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -817.00 10/20/2023 66157 Void Check Accounts Payable Voided Check 0.00 10/20/2023 66158 Chowchilla Employees Assn. Accounts Payable Outstanding Check -210.00 10/20/2023 66159 Chowchilla Mid-Management Accounts Payable Outstanding Check -130.00 10/20/2023 66160 Chowchilla Office Accounts Payable Outstanding Check -105.00 10/20/2023 66161 Dawnya Rambo Accounts Payable Outstanding Check -1,501.84 10/20/2023 66162 Fitness Peak Accounts Payable Outstanding Check -87.50 10/20/2023 66163 Trinette Martinez Accounts Payable Outstanding Check -1,303.97 10/20/2023 66164 U.S. Bank (PARS) Accounts Payable Outstanding Check -141.76 10/23/2023 65999 Waseem Ahmed Reversal Accounts Payable Outstanding Check Reversal 154.58 10/23/2023 66166 Marion G Santos III Utility Billing Outstanding Check -114.36 10/24/2023 66165 Teichert Construction Utility Billing Outstanding Check -118.35 10/25/2023 66152 Waseem Ahmed Reversal Accounts Payable Outstanding Check Reversal 242.12 10/25/2023 66167 American Fidelity Assurance Accounts Payable Outstanding Check -1,302.90 10/25/2023 66168 Anderson Pump Co Accounts Payable Outstanding Check -115.00 10/25/2023 66169 AT & T CALNET Accounts Payable Outstanding Check -267.65 10/25/2023 66170 AutoZone Parts, Inc Accounts Payable Outstanding Check -145.81 Bank Transaction Report Issued Date Range: -
11/2/2023 9:23:23 AM Page 5 of 6
Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/25/2023 66171 Baker Supplies and Repairs Accounts Payable Outstanding Check -89.18 10/25/2023 66172 BSK Associates Accounts Payable Outstanding Check -456.00 10/25/2023 66173 CDW Government, Inc. Accounts Payable Outstanding Check -283.02 10/25/2023 66174 Chowchilla Do It Best Accounts Payable Outstanding Check -48.35 10/25/2023 66175 Dell, Inc. Accounts Payable Outstanding Check -1,523.15 10/25/2023 66176 Department of Justice/Acc B/A Accounts Payable Outstanding Check -105.00 10/25/2023 66177 Diede Construction, Inc Accounts Payable Outstanding Check -133,475.00 10/25/2023 66178 Estevan Martinez Accounts Payable Outstanding Check -68.00 10/25/2023 66179 Farmers Hardware Accounts Payable Outstanding Check -1,219.78 10/25/2023 66180 Fastenal Company Accounts Payable Outstanding Check -831.56 10/25/2023 66181 Industrial Plumbing Supply Accounts Payable Outstanding Check -311.88 10/25/2023 66182 Ingraham Trophies Accounts Payable Outstanding Check -88.23 10/25/2023 66183 Kelly Moore Paint Company Inc. Accounts Payable Outstanding Check -1,119.31 10/25/2023 66184 L.N. Curtis & Sons Accounts Payable Outstanding Check -6,628.94 10/25/2023 66185 Mace Pest Control Accounts Payable Outstanding Check -90.00 10/25/2023 66186 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -833.60 10/25/2023 66187 Occupational Health Centers of California Accounts Payable Outstanding Check -55.00 10/25/2023 66188 ODP Business Solutions, LLC Accounts Payable Outstanding Check -298.80 10/25/2023 66189 O'Reilly Auto Parts Accounts Payable Outstanding Check -246.98 10/25/2023 66190 PACE Supply Corp Accounts Payable Outstanding Check -1,016.09 10/25/2023 66191 PARS Accounts Payable Outstanding Check -487.59 10/25/2023 66192 ProClean Supply Accounts Payable Outstanding Check -769.80 10/25/2023 66193 Prudential Overall Supply Accounts Payable Outstanding Check -48.11 10/25/2023 66194 Quad Knopf, Inc. Accounts Payable Outstanding Check -852.00 10/25/2023 66195 Robin Roman Accounts Payable Outstanding Check -774.71 10/25/2023 66196 S & W Auto Parts Inc. Accounts Payable Outstanding Check -45.65 10/25/2023 66197 Samantha Gutierrez Accounts Payable Outstanding Check -68.00 10/25/2023 66198 Samantha Gutierrez Accounts Payable Outstanding Check -85.00 10/25/2023 66199 Self Help Enterprises Accounts Payable Outstanding Check -693.00 10/25/2023 66200 Silva Ford Madera Accounts Payable Outstanding Check -44.26 10/25/2023 66201 Southern Tire Mart LLC Accounts Payable Outstanding Check -348.15 10/25/2023 66202 Sparkletts Accounts Payable Outstanding Check -34.96 10/25/2023 66203 Toshiba Financial Services Accounts Payable Outstanding Check -71.27 10/25/2023 66204 Trinette Martinez Accounts Payable Outstanding Check -101.09 10/25/2023 66205 Tyler Technologies, Inc. Accounts Payable Outstanding Check -870.00 10/25/2023 66206 US Bank Accounts Payable Outstanding Check -1,500.00 10/25/2023 66207 Verizon Wireless Accounts Payable Outstanding Check -2,756.91 10/25/2023 66208 West Coast Arborists Inc. Accounts Payable Outstanding Check -40,250.00 10/25/2023 66209 Wulff, Hansen & Company Accounts Payable Outstanding Check -2,500.00 Bank Account 200650906 Total: (204) -1,075,083.35
Report Total: (204) -1,075,083.35
Bank Transaction Report Issued Date Range: -
11/2/2023 9:23:23 AM Page 6 of 6
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 204 -1,075,083.35
Report Total: 204 -1,075,083.35
Cash Account Count Amount
**No Cash Account** 3 0.00
999 999-0100-0215 Cash In Bank 201 -1,075,083.35
Report Total: 204 -1,075,083.35
Transaction Type Count Amount
Check 202 -1,075,480.05
Check Reversal 2 396.70
Report Total: 204 -1,075,083.35

REPORT TO THE CITY COUNCIL
Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Consent
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 adopt the Ordinance update to Section 9.11 of Title 9 of the Chowchilla Municipal Code.

BACKGROUND:

This item was introduced under Public Hearing at the October 24, 2023 City Council meeting.

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 posted in the kiosk and the local library, sent to CivicPlus for codification and will be effective 30-days after adoption.

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 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 cannabis. "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 defined by Section 11018.5 of the California Health and Safety Code. "Cannabis products" 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 planting, growing, harvesting, drying, curing, grading, and/or trimming of cannabis. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform. "Distribution" means the procurement, sale, and transport of cannabis and/or cannabis products between licensees.
“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" 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. Delivery From, or to Addresses Within the City Prohibited. Except 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 sells, exchanges, barters, transfers, delivers 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.

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 14th day of November, 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 3.4

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Consent
SUBJECT: A Resolution Authorizing Filing of the Deed of Easements for Existing Pedestrian Facilities
PREPARED BY: Noel Azevedo, Administrative Analyst
APPROVED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution, Deed of Easement (3)

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

City Council to adopt a resolution authorizing filing of the Deed of Easements (3) for the Chowchilla Public Works Department for existing pedestrian facilities.

BACKGROUND:

The City of Chowchilla has CDBG funds to help the City repair and/or replacement of broken sidewalks, high-visibility crosswalk facilities, and ADA compliant curb ramps. This will help the City in providing pedestrians with safer access.

REASON FOR RECOMMENDATION:

City pedestrian facilities currently exist at the NW and SW corners of 11th Street and Robertson Blvd. While researching potential locations for future pedestrian improvements throughout the City, it was discovered that there are no easements for the existing facilities at these locations. The City continues to plan to improve the ADA access throughout the city. Acquisition of these easements must be completed in order to ensure right-of-way for public pedestrian walkway purposes.

Deed of Easements (3):

1. CHOWCHILLA ELEMENTARY SCHOOL DISTRICT
Deed of Easement for a temporary construction easement for public street and utility purposes

2. CHOWCHILLA ELELMENTARY SCHOOL DISTRICT
Deed of Easement for an easement and right-of-way for public pedestrian walkway purposes

3. SINGH SURINDER PAL ETAL
Deed of Easement for an easement and right-of-way for public pedestrian walkway purposes FISCAL IMPACT:

There is no fiscal impact to the city.

ALTERNATIVES:

Not to accept the easements. Right-of-way for public pedestrian walkway purposes will not be secured.

ACTIONS FOLLOWING APPROVAL:

Filing of Deed of Easements with Madera County Recorder.

COUNCIL RESOLUTION NO # -23

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

AUTHORIZING FILING OF THE DEED OF EASEMENTS FOR EXISITING PEDESTRIAN FACILITIES WHEREAS, City pedestrian facilities currently exist at the NW and SW corners of 11th Street and Robertson Blvd.; and
WHEREAS, City staff recently discovered that right-of-way easements for public pedestrian walkway purposes currently do not exist at the NW and SW corners of 11th Street and Robertson Blvd.; and
WHEREAS, acquisition of easements is required at the NW and SW corners of 11th Street and Robertson Blvd in order to ensure right-of-way for public pedestrian walkway purposes; and WHEREAS, the Director of Public Works requests City Council to authorize the Public Works Director to record the Deed of Easements thereto;
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 Director of Public Works, or designee, is authorized to record the Deed of Easements.

3. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 14th day of November, 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: November 14, 2023
AGENDA SECTION: Consent
SUBJECT: A City Council Resolution Approving Amendments for Transportation Development Act (TDA) Funds for Fiscal Year 2021/2022, 2022/23, and 2023/2024 due to Prior Years Carryover of Funds for Pedestrian & Bicycle Program and CATX Program and Authorizing the City Administrator or Designee to execute and Submit Amendments to the Madera County Transportation Commission
PREPARED BY: Abigail Zurita, Fiscal Manager
APPROVED BY: Kerri Williams, Finance Director
ATTACHMENTS: Resolution, Amendments for LTF

REVIEWED BY

ADMINISTRATOR
☒ REVIEWED BY
ATTORNEY ☒ REVIEWED BY FINANCE ☒
RECOMMENDATION:

Staff recommends that Council approve the resolution (a) approving TDA Amendment Request for FY 2021/2022, 2022/23 and 2023/2024 TDA Local Transportation (LTF) including carryover balances from prior fiscal years for Pedestrian & Bicycle program, Streets and Roads Project and CATX program; and (b) authorizing the City Administrator or Designee to execute the amendment for submittal to the Madera County Transportation Commission (MCTC) for adoption.

BACKGROUND:

Each year staff prepares documentation required by the Madera County Transportation Commission related to the annual allocation of funds for transit and street maintenance activities. Upon approval of the allocation, the city is able to draw down the allocated funds on a reimbursement basis to cover the costs incurred during the year.

As a reminder, the State Controller annually approves LTF and STA apportionments by 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.

LTF funds are programmed for public transit services; pedestrian and bicycle facilities and streets and roads 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.

REASON FOR RECOMMENDATION:

In order to carry forward funds and use the allocations in a different fiscal year the City must make amendments to move those funds to the fiscal years needed. MCTC will authorize the expenditure of the funds once the amendments are approved by City Council.

FISCAL IMPACT:

For Fiscal year allocation 2021-22 the City will be increasing the amount needed by $2,712.32 to cover Streets and Road expenses and decreasing the LTF for CATX by the same amount.

For Fiscal year allocation 2022-23 the city needs to increase CATX by 173,193.51 to cover expenses.

For Fiscal year allocation 2023-24 the city needs to increase this by $59,811 for the Pedestrian/Bicycle Facilities funds to be used to offset Pedestrian projects. The total amount available for use in 2023-24 will be $72,811. These funds can be used to offset matches for Public Work projects.

The requested changes in the funding allocation will ensure that the City will be able to cover its costs for the CATX program and the Streets and Roads maintenance projects as well allowing funds for Pedestrian Projects. City Council authorization is required before MCTC can authorized the reimbursements.

ALTERNATIVES:

If these amendments are not approved, then other funds would be needed to cover the cost for CATX and Streets and Roads projects.

ACTIONS FOLLOWING APPROVAL:

Upon signatures, City Clerk to return documents to Finance.

COUNCIL RESOLUTION # -23

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

APPROVING THE AMENDMENT TO THE APPLICATION FOR LOCAL TRANSPORTATION FUNDS (LTF) FOR FISCAL YEAR 2021/2022, 2022/23, AND 2023/2024 AND AUTHORIZING THE CITY

ADMINISTRATOR OR DESIGNEE TO EXECUTE AND SUBMIT THE AMENDMENTS TO MCTC WHEREAS, Transportation Development Act (TDA) Local Transportation Funds (LTF) is annually allocated by the Madera County Transportation Commission (MCTC) pursuant to the Transportation Development Act; and
WHEREAS, the City of Chowchilla prepares applications specifying the intended uses of the LTF funds each year, and the applications may be amended, as needed; and WHEREAS, the TDA Amendment Request for Fiscal Year 2021/2022, 2022/23, and 2023/2024 that describe the intended use of these funds have been submitted to the Council Board for its review.

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 2021/2022, 2022/23, and 2023/2024 amendments 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 are authorized to execute the amendments and submit them to the Madera County Transportation Commission for adoption.

4. Authorizes the Finance Director to make budget amendments as listed in the staff report.

5. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 14th day of November, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk
Agency: Date: 11/6/2023
Fiscal Year: FY 2021-22
Amending:

Type of
Amendment:

Project Approved Allocation New Proposed Allocation Difference 1 CATX $ 56,491.00 $ 53,778.68 $ (2,712.32)
2 Pedestrian/Bicycle Facilities $ 52,945.00 $ 52,945.00 $ - 3 Street and Road Projects $ 405,726.00 $ 408,438.32 $ 2,712.32 4 5 $ - $ -
6 $ -
7 $ -
8 $ -
9 $ -
10 $ -
Total $ 515,162.00 $ 515,162.00 $ 0.00
Notes

Agency Authorizing Signature Date
MCTC Authorizing Signature Date
MCTC Use:

Month Amendment No.

Madera County Transportation Commission
TDA Amendment Request
City of Chowchilla
Move allocations from CATX to Street and Road Projects

LTF STA
Carryover of PY Funds Reassign funds Other
Agency: Date: 11/6/2023
Fiscal Year: FY 2022-23
Amending:

Type of
Amendment:

Project Approved Allocation New Proposed Allocation Difference 1 CATX $ 116,643.00 $ 289,836.51 $ 173,193.51
2 Pedestrian/Bicycle Facilities $ 10,536.00 $ 10,536.00 $ - 3 Street and Road Projects $ 383,797.00 $ 383,797.00 $ - 4 $ -
5 $ -
6 $ -
7 $ -
8 $ -
9 $ -
10 $ -
Total $ 510,976.00 $ 684,169.51 $ 173,193.51
Notes

Agency Authorizing Signature Date
MCTC Authorizing Signature Date
MCTC Use:

Month Amendment No.

Madera County Transportation Commission
TDA Amendment Request
Ciy of Chowchilla
Carryover from FY 20/21, FY 21/22

LTF STA
Carryover of PY Funds Reassign funds Other
Agency: Date: 11/6/2023
Fiscal Year: FY 2023-24
Amending:

Type of
Amendment:

Project Approved Allocation New Proposed Allocation Difference 1 CATX $ 337,875.00 $ 337,875.00 $ -
2 Pedestrian/Bicycle Facilities $ 12,937.00 $ 72,748.00 $ 59,811.00 3 Street and Road Projects $ 276,642.00 $ 276,642.00 $ - 4 $ -
5 $ -
6 $ -
7 $ -
8 $ -
9 $ -
10 $ -
Total $ 627,454.00 $ 687,265.00 $ 59,811.00
Notes

Agency Authorizing Signature Date
MCTC Authorizing Signature Date
MCTC Use:

Month Amendment No.

Madera County Transportation Commission
TDA Amendment Request
Ciy of Chowchilla
Carryover from FY 20/21, FY 21/22

LTF STA
Carryover of PY Funds Reassign funds Other

REPORT TO THE CITY COUNCIL
Item 3.6

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Rejection of Claim FR101569: Evangelina Quintero, Iliana Tapia, Osiel Tapia c/o Raffi & Associates
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: None

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

That the City Council reject the claim(s) as recommended by the Risk Manager.

BACKGROUND:

On June 29, 2023, the City Clerk received three separate claim forms from an attorney representing the three affected individuals of a vehicle accident with a Chowchilla Elementary School District bus. A rejection notice due to insufficiency was sent to the attorney that included a note stating that the City does not have control over the school district busses. The City Clerk received a second claim on September 18, 2023, stating that the City has a direct involvement in this matter.

REASON FOR RECOMMENDATION:

AIMS, an affiliate of the Central San Joaquin Valley Risk Management Authority who handles the City’s liability claims, investigated the claim and recommended rejecting it due to the fact that the City has no jurisdiction over CESD or their busses.

ACTIONS FOLLOWING APPROVAL:

Send AIMS the Council’s disposition.
03083.04:J19355

REPORT TO THE CITY COUNCIL
Item 4.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Public Hearings
SUBJECT: Approving Resolutions of Formation of City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District; Determining the Necessity to Incur Bonded Indebtedness of the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) and Submitting Proposition to the Qualified Electors of the District; and Calling Special Election Within Community Facilities District No. 2023-1 (Replacement of CFD 2006-1)
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolutions (3), CFD Hearing Report

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

That the City Council approve the attached Resolutions.

HISTORY / BACKGROUND:

In 2006, the City formed the City of Chowchilla Community Facilities District No. 2006-1 (“CFD 2006-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, constituting Section 53311 et. seq. of the California Government Code (the “Act”) and designated an Improvement Area 1 (“Area 1”) within CFD 2006-1, to finance certain public improvements and to issue $8,615,000 of special tax bonds (the “2007 Bonds”) for that purpose. CFD 2006-1 has a total bonding authority of $50 million and property owners in Area 1 of CFD 2006-1 are subject to special tax levies that are sufficient to pay debt service on the entire $50 million. CFD 2006-1 has a remaining bonding authority of $41,385,000.

The rate and method of apportionment of special taxes (“RMA”) for CFD 2006-1 has been a point of contention with property owners in Area 1 for a number of years and development of certain property within Area 1 has been stagnant due to unintended effects of the RMA. The RMA requires that the special tax levied on property in Area 1 be at the maximum special tax rates in the RMA, and the CFD 2006-1 has covenanted with the 2007 Bondowners to so levy the special taxes.

For the last five years, the City has been working with its consultants and interested parties in Area 1 of CFD 2006-1 in an effort to provide relief from the burdensome CFD 2006-1 RMA and to rejuvenate development within Area 1.

After extensive discussions with stakeholders, the City is pursuing the formation of a new Community Facilities District (“CFD 2023-1”) that will replace CFD 2006-1 and its related RMA. It is expected that the new CFD 2023-1 will issue special tax bonds only in an amount sufficient to refund the 2007 Bonds, and to otherwise continue to provide funding of municipal services that were authorized to be funded by CFD 2006-1. To that end, the City Council approved a Resolution on August 22, 2023 which designated NBS Government Finance Group as Special Tax Consultant, Wulff, Hansen & Co. as Municipal Advisor, and Quint & Thimmig LLP as Special Counsel to the City, each in connection with the formation of CFD 2023-1.

At the City Council meeting of October 10, 2023, the City Council adopted a Resolution of Intention to Establish CFD 2023-1 and a Resolution of Intention for CFD 2023-1 to issue up to $6,500,000 of bonds.

The two Resolutions preliminarily approved (a) the boundaries of CFD 2023-1; (b) the authority of CFD 2023-1 to issue bonds to refund the 2007 Bonds and to pay for the same services that CFD 2006-1 was authorized to fund; and (c) a new rate and method of apportionment of special taxes for CFD 2023-1 that would only levy special taxes on property in CFD 2023-1 sufficient to pay for the bonds issued to refund the 2007 Bonds and pay for the authorized services. If CFD 2023-1 is formed and bonds are issued for it to refund the 2007 Bonds, the annual special taxes levied on the affected property owners will be significantly less than the current annual special tax levies (currently estimated reduction from $1,707 per home for 2024-25 to $1,000 per home for 2024-25, and $9,284 per acre of non-residential property for 2024-25 to $2,000 per acre of non-residential property for 2024-25; actual reductions depend upon bond interest rates at the time the new bonds are issued).

The two Resolutions also called for public hearings on the formation of CFD 2023-1, the levy of special taxes on the property to be included in CFD 2023-1 (which is the same property that was included in Area 1 of CFD 2006-1), and the incurrence of debt (i.e. the issuance of special tax bonds for CFD 2023-1).

The City Council is now requested to hold the public hearings regarding CFD 2023-1, and receive any comments from the public or protests from property owners to be included in CFD 2023-1 with respect to the formation of CFD 2023-1, the levy of special taxes on property in CFD 2023-1 to pay costs of the issuance of and debt service on bonds issued for CFD 2023-1, and to pay for municipal services authorized to be funded by CFD 2023-1 (the same services the Area 1 of CFD 2006-1 is authorized to finance), as well as the issuance of up to $6,500,000 of bonds for CFD 2023-1.

If no majority of property owners or registered voters residing within the proposed boundaries of CFD 2023-1 protest the formation of the new CFD 2023-1 and issuance of bonds for CFD 2023-1, the City Council will consider the adoption of the three attached Resolutions. These Resolutions will provide for the formation of CFD 2023-1, the necessity to issue bonds for CFD 2023-1, and call for a mail ballot election by the registered voters residing in CFD 2023-1 for February 20, 2024 on the authority to levy special taxes on property in CFD 2023-1 and the issuance of bonds for CFD 2023-1. They will also be voting to approve a $6,500,000 appropriations limit for CFD 2023-1.

The City Clerk, with the assistance of NBS, the special tax consultant, and CFD formation counsel, will conduct the mail ballot election, and the County Registrar of Voters will be requested to verify the signatures on ballots submitted in the election.

REASON FOR RECOMMENDATION:

These Resolutions are needed to form the new CFD 2023-1 and to allow CFD 2023-1 to issue bonds to refund the 2007 Bonds.

FISCAL IMPACT:

AutoZone Texas LLC (“AutoZone”), an owner of property in Area 1 of CFD 2006-1, advanced $110,000 to the City to cover costs of the formation of CFD 2023-1 and the non-contingent costs of the issuance of bonds for CFD 2023-1. CFD 2023-1 formation and bond issuance costs, also referred to as the Costs of Issuance (COI), are estimated to be roughly $485,000, inclusive of the bond underwriter’s discount.

Funds advanced by AutoZone will be repaid to AutoZone and the COI will be paid from CFD 2023-1 bond proceeds if the ballot measures are approved and the bonds are issued.

ALTERNATIVES:

Not approve the Resolutions and stay with the current Area 1 of CFD 2006-1 and its related annual special taxes on property in Area 1.

ACTIONS FOLLOWING APPROVAL:

If two-thirds of the votes cast at the February 20, 2024 mail ballot election (only persons registered to vote with addresses located in CFD 2023-1 as of November 14th will be entitled to vote in the mail ballot election) are in favor of (a) the levy of special taxes needed to repay bonds to be issued for CFD 2023-1 and to pay for CFD 2023-1 authorized municipal services, (b) the issuance of the bonds, and (c) the appropriations limit for CFD 2023-1, it is expected that Staff will present to the City Council in March of 2024 a Resolution authorizing the issuance of the bonds. Thereafter, the bonds would be issued, the 2007 Bonds would be repaid and the related burdensome RMA effectively would be terminated. The City would levy each year special taxes on the property in the new CFD 2023-1 to repay the bonds, pay costs of services eligible to be funded by CFD 2023-1 and the costs to administer CFD 2023-1.

The costs of CFD 2023-1 authorized services, the debt service on the bonds issued for CFD 2023-1 and the administrative costs of CFD 2023-1 would be payable solely from the special taxes levied on property in CFD 2023-1, and would not in any way be a general obligation of the City.

COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA OF FORMATION OF CITY OF CHOWCHILLA COMMUNITY FACILITIES DISTRICT NO. 2023-1 (REPLACEMENT OF CFD 2006-1), AUTHORIZING THE LEVY OF A SPECIAL TAX

WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT

FOR THE DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE

ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF

THE DISTRICT
WHEREAS, on October 10, 2023, this City Council adopted Resolution No. 77-23 entitled “A Resolution of the City Council of the City of Chowchilla Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein – Replacement of CFD 2006-1” (the “Resolution of Intention”) stating its intention to form the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the “Law”); and WHEREAS, the Resolution of Intention, incorporating by reference a map of the proposed boundaries of the District (the “Boundary Map”) and describing (a) the City of Chowchilla Community Facilities District No. 2006-1 special tax bonds issued in 2007 to be refunded by the District (the “2007 Bonds”), (b) the municipal services (the “Services”) eligible to be financed by the District, and (c) the rate and method of apportionment of the special tax to be levied within the District (the “Rate and Method”) to pay the costs of the Services and to pay the principal and interest on bonds proposed to be issued to finance the repayment of the 2007 Bonds, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, this City Council held the public hearing as required by the Law and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the 2007 Bonds to be repaid and the Services eligible to be funded by the District, and the levy of the special tax were heard and a full and fair hearing was held; and
WHEREAS, at the hearing evidence was presented to this City Council on the matters before it, including a report by the Director of Community & Economic Development of the City of Chowchilla (the “Report”) including a description of the 2007 Bonds to be repaid and the Services by type eligible to be funded by the District and the costs thereof, a copy of which is on file with the City Clerk, and this City Council at the conclusion of the hearing was fully advised regarding the District; and
WHEREAS, written protests with respect to the formation of the District and/or the repayment of the 2007 Bonds or the furnishing of specified types of the Services as described in the Report have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the special tax proposed to be levied in the District to pay for the debt service on bonds to be issued by the District to repay the 2007 Bonds, and to pay for the -2-
Services, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax.

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

1. The foregoing recitals are true and correct.

2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Law.

3. All prior proceedings taken by this City Council in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Law.

4. On March 27, 2006, this City Council adopted Resolution No. 33-06 adopting Goals and Policies for Community Facilities Districts, and this City Council hereby finds and determines that the District is in conformity with said goals and policies.

5. The community facilities district designated “City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1)” is hereby established pursuant to the Law.

6. The boundaries of the District, as set forth in the map of the boundaries of the District recorded on October 18, 2023, in Book 5 at pages 77-81 of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of Madera (instrument no. 2023020920), are hereby finally approved, are incorporated herein by this reference and shall be the boundaries of the District.

7. The 2007 Bonds to be repaid and the Services eligible to be funded by the District pursuant to the Law are as described in Exhibit A to the Resolution of Intention which Exhibit is by this reference incorporated herein.

8. Except to the extent that funds are otherwise available to the District to pay for the Services and/or to pay the principal and interest as it becomes due on bonds of the District issued to repay the 2007 Bonds, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this City Council shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B to the Resolution of Intention, which Exhibit is by this reference incorporated herein. This City Council hereby finds that the basis for the levy and apportionment of the special tax, as set forth in the Rate and Method, is reasonable.

9. The Finance Director of the City of Chowchilla, 130 South Second Street, Chowchilla, CA 93610, telephone number (559) 665-8615 extension 700, is the officer of the City -3-
that will be responsible for preparing annually and whenever otherwise necessary a current roll of special tax levy obligations by assessor’s parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Law.

10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until, if ever, the lien is canceled in accordance with law and the collection of the tax by the City of Chowchilla ceases.

11. In accordance with Section 53325.7 of the Law, the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the District is hereby preliminarily established at $6,500,000 and said appropriations limit shall be submitted to the qualified electors of the District as provided below. The proposition establishing the appropriations limit shall become effective if approved by two-thirds of the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Law.

12. Pursuant to the provisions of the Law, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this City Council.

13. The City Council hereby determines that the formation of the District is not a project pursuant to the California Environmental Quality Guidelines section 15378(b)(4), and authorizes City Staff to file a notice of exemption with the Madera County Clerk. -4-

14. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 14th day of November, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Ray Barragan, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk
03083.04:J19274
11/9/23
COUNCIL RESOLUTION # -23

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

DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS OF THE CITY OF CHOWCHILLA COMMUNITY FACILITIES DISTRICT NO. 2023-1
(REPLACEMENT OF CFD 2006-1) AND SUBMITTING PROPOSITION

TO THE QUALIFIED ELECTORS OF THE DISTRICT
WHEREAS, on October 10, 2023, this City Council adopted Resolution No. 77-23 entitled “A Resolution of the City Council of the City of Chowchilla Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein – Replacement of CFD 2006-1” (the “Resolution of Intention”) stating its intention to form the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (the “District”), pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the “Law”), to fund the costs to repay certain special tax bonds issued in 2007 for the City of Chowchilla Community Facilities District No. 2006-1 (the “2007 Bonds”) and the costs of certain municipal services (the “Services”), as described therein; and WHEREAS, on October 10, 2023, this City Council also adopted Resolution No. 78-23 entitled “A Resolution of the City Council of the City of Chowchilla Declaring Its Intention to Incur Bonded Indebtedness of the Proposed City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1)” (the “Resolution of Intention to Incur Indebtedness”) stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing costs of bonds to be issued for the District to fund the repayment of the 2007 Bonds; and
WHEREAS, on this City Council held the public hearing as required by the Law and the Resolution of Intention relative to the determination to proceed with the formation of the District, the provision by the District of funds to pay the costs of the repayment of bonds to be issued by the District to finance the repayment of the 2007 Bonds and to pay costs of the Services, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on the proposed indebtedness, the costs of the Services and the administrative costs of the City relative to the District; and WHEREAS, at the hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of funds to pay the costs of the repayment of bonds to be issued by the District to finance the repayment of the 2007 Bonds and the costs of the Services, and the levy of the special tax on property within the District, were heard and a full and fair hearing was held; and
WHEREAS, subsequent to the hearing, this City Council adopted a resolution entitled “A Resolution of the City Council of the City of Chowchilla of Formation of City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1), Authorizing The Levy Of A Special Tax Within The District, Preliminarily Establishing An Appropriations Limit For The District And Submitting Levy Of The Special Tax and the Establishment of the Appropriations Limit To The Qualified Electors Of The District” (the “Resolution of Formation”); and WHEREAS, on this date, this City Council held the public hearing as required by the Law relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and
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WHEREAS, written protests with respect to the issuance of bonds for the District have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax; and WHEREAS, the issuance of bonds for the District to repay the 2007 Bonds as set forth in the Resolution of Intention to Incur Indebtedness, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax.

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

1. The foregoing recitals are true and correct.

2. This City Council deems it necessary for the District to incur bonded indebtedness in the maximum aggregate principal amount of $6,500,000.

3. The indebtedness is incurred for the purpose of financing costs of the repayment of the 2007 Bonds, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling the bonds, as well as the initial costs of the City in administering the District.

4. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The special tax is to be apportioned in accordance with the Rate and Method set forth in Exhibit B to the Resolution of Intention.

5. The maximum amount of bonded indebtedness to be incurred is $6,500,000 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years.

6. The bonds shall bear interest at a rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable weekly, semiannually or in such other manner as this City Council or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this City Council or its designee at the time or times of sale of the bonds.

7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes on property within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5(a) of the Law. The time, place and conditions of said election shall be as specified by separate resolution of this City Council.
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8. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 14th day of November, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Ray Barragan, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk
03083.04:J19272
11/6/23
COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (REPLACEMENT OF CFD 2006-1)
WHEREAS, on this date, this City Council adopted a resolution entitled “A Resolution of the City Council of the City of Chowchilla of Formation of City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District and Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District” (the “Resolution of Formation”), ordering the formation of the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (the “District”), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District; and WHEREAS, on this date, this City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Chowchilla Determining the Necessity to Incur Bonded Indebtedness of the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) and Submitting Proposition to the Qualified Electors of the District” (the “Resolution to Incur Indebtedness”), determining the necessity for the District to incur bonded indebtedness in the maximum aggregate principal amount of $6,500,000 upon the security of the special tax to be levied within the District; and WHEREAS, pursuant to the provisions of said Resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness are to be submitted to the qualified electors of the District as required by the Mello-Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the “Law”).

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

1. Pursuant to Sections 53325.7, 53326 and 53351 of the Law, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below.

2. As authorized by Section 53353.5 of the Law, the three propositions described in paragraph 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein. The form of ballot is hereby approved.

3. This City Council hereby finds that more than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326(b) of the Law, this City Council finds that for purposes of these proceedings the qualified electors are the persons registered to vote with addresses within the boundaries of the District as of the close of the public hearings referenced above, each having one vote. -2-

4. This City Council hereby calls a special mail ballot election to consider the continued measure described in Section 2 above, which election shall be held on February 20, 2024. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District. The City Clerk hereby concurs in the election date set forth above.

The City Attorney is hereby requested to prepare, or cause to be prepared, an impartial analysis for the ballot measure. The Director of Community & Economic Development is hereby directed to prepare, or cause to be prepared, a tax rate statement for the ballot measure. Arguments and rebuttals, if any, shall also be included with the ballot materials, as required by the California Elections Code and the Law.

5. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections 50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a) the ballot measure referred to in Sections 2 and 4 above contains a statement indicating the specific purposes of the special tax, the proceeds of the special tax will be applied only to the purposes specified in the ballot measure, there shall be created by the Finance Director an account into which proceeds of the special tax levies will be deposited, and the Finance Director is hereby directed to provide an annual report to this City Council as required by Section 50075.3 of the California Government Code relative to the special taxes; and (b) the ballot measure contains a statement indicating the specific purposes of the bonds, the proceeds of the bonds will be applied only to the purposes specified in the ballot measure, there shall be created by the Finance Director an account into which the proceeds of the bonds will be deposited, and the Finance Director is hereby directed to provide an annual report to this City Council as required by Section 53411 of the California Government Code.

6. The City Clerk is hereby directed to publish, or cause to be published, in a newspaper of general circulation circulating within the District a copy of this Resolution, a copy of the Resolution to Incur Indebtedness and a notice to voters in the form of Exhibit B hereto, as soon as practicable after the date of adoption of this Resolution.

7. The Director of Community & Economic Development is hereby authorized and directed to engage the services of the Registrar of Voters of the County of Madera to provide assistance with the election, including but not limited to the verification of signatures on ballots submitted by the qualified electors of the District, and with respect to any other services needed by the Registrar of Voters. The Director of Community & Economic Development is hereby authorized to use any available funds of the City to pay costs of the services of the Registrar of Voters, including the deposit by AutoZone Texas LLC posted to pay costs of formation of the District.
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8. The members of the City Council and their authorized representatives are, and each of them acting alone is, hereby authorized to execute any and all documents and agreements and perform any and all acts and things, from time to time, consistent with the Resolution of Formation and with this Resolution and necessary or appropriate to carry the same into effect and to carry out its purpose. All actions heretofore taken by the officers and agents of the City that are in conformity with the purposes and intent of this Resolution and the Resolution of Formation are hereby ratified, confirmed, and approved in all respects.

9. This Resolution shall take effect upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 14th day of November, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Ray Barragan, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk
03083.04:J19273
11/9/23
A-1

EXHIBIT A

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(REPLACEMENT OF CFD 2006-1)
Special Tax and Bond Election
(February 20, 2024)
BALLOT MEASURE: Shall the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (the “District”) be authorized to issue up to $6,500,000 of special tax bonds the net proceeds of which will be used to repay certain bonds issued in 2007 as specified in the Resolution of Formation of the District; shall a special tax be levied annually upon the property within the District to be used to pay the costs of municipal services eligible to be funded by the District, the payment of the principal and interest upon such bonds to be issued and to replenish the reserves for the bonds, and to pay the costs of the City in administering the District; shall the duration of the special tax for municipal services be in perpetuity or as otherwise provided in the rate, method of apportionment, and manner of collection of special tax for the District (“RMA”); shall the duration of the special tax for the bond payments be not more than 13 years from the initial levy fiscal year as further provided in the RMA; shall the maximum rate of the special tax be as provided in the tables below and as further provided in the tax rate statement which accompanies the ballot and as in the RMA; and shall the annual appropriations limit of the District be established in the amount of $6,500,000? Yes:

No:

The Maximum Bond Payment Special Tax for each Assessor’s Parcel shall be the greater of (i) the amount in the table below, or (ii) $3,000 per Acre, in each case increasing each July 1, commencing July 1, 2025, by two percent of the amount in effect for the prior fiscal year.

Class Development Class Description
Assigned Bond Payment
Special Tax
Developed Property, Final Map Property,
Taxable Owners Association Property, Taxable
Public Property
Single Family
Residential Property $1,000 per Unit
Developed Property, Final Map Property,
Taxable Owners Association Property, Taxable
Public Property
Multi-Family
Residential Property $500 per Unit
Developed Property Accessory Dwelling Unit $0 per Unit
Developed Property, Final Map Property,
Taxable Owners Association Property, Taxable
Public Property
Non-Residential Property $2,000 per Acre
Undeveloped Property Undeveloped Property $2,500 per Acre The Maximum Services Special Tax for each Assessor’s Parcel is shown in the table below.

Development Class Description
Maximum Services
Special Tax
Developed Property Single Family Residential Property $897.52 per Unit Developed Property Multi-Family Residential Property $897.52 per Unit Developed Property Accessory Dwelling Unit $338.40 per Unit Developed Property Industrial Property $0.21 per Improved or Building Square Foot
Undeveloped Property Undeveloped Property $0 per Acre
B-1

EXHIBIT B

NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENTS FOR OR

AGAINST COMMUNITY FACILITIES DISTRICT MEASURE MAY BE SUBMITTED

TO THE CITY CLERK OF THE CITY OF CHOWCHILLA
NOTICE IS HEREBY GIVEN that a Special Tax and Bond Election is to be held in the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (the "District") on February 20, 2024, at which there will be submitted to the eligible voters the following measure:

BALLOT MEASURE: Shall the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (the “District”) be authorized to issue up to $6,500,000 of special tax bonds the net proceeds of which will be used to repay certain bonds issued in 2007 as specified in the Resolution of Formation of the District; shall a special tax be levied annually upon the property within the District to be used to pay the costs of municipal services eligible to be funded by the District, the payment of the principal and interest upon such bonds to be issued and to replenish the reserves for the bonds, and to pay the costs of the City in administering the District; shall the duration of the special tax for municipal services be in perpetuity or as otherwise provided in the rate, method of apportionment, and manner of collection of special tax for the District (“RMA”); shall the duration of the special tax for the bond payments be not more than 13 years from the initial levy fiscal year as further provided in the RMA; shall the maximum rate of the special tax be as provided in the tables below and as further provided in the tax rate statement which accompanies the ballot and as in the RMA; and shall the annual appropriations limit of the District be established in the amount of $6,500,000?
The Maximum Bond Payment Special Tax for each Assessor’s Parcel shall be the greater of (i) the amount in the table below, or (ii) $3,000 per Acre, in each case increasing each July 1, commencing July 1, 2025, by two percent of the amount in effect for the prior fiscal year.

Class Development Class Description
Assigned Bond Payment
Special Tax
Developed Property, Final Map Property,
Taxable Owners Association Property, Taxable
Public Property
Single Family
Residential Property $1,000 per Unit
Developed Property, Final Map Property,
Taxable Owners Association Property, Taxable
Public Property
Multi-Family
Residential Property $500 per Unit
Developed Property Accessory Dwelling Unit $0 per Unit
Developed Property, Final Map Property,
Taxable Owners Association Property, Taxable
Public Property
Non-Residential Property $2,000 per Acre
Undeveloped Property Undeveloped Property $2,500 per Acre The Maximum Services Special Tax for each Assessor’s Parcel is shown in the table below.

Development Class Description
Maximum Services
Special Tax
Developed Property Single Family Residential Property $897.52 per Unit Developed Property Multi-Family Residential Property $897.52 per Unit Developed Property Accessory Dwelling Unit $338.40 per Unit Developed Property Industrial Property $0.21 per Improved or Building Square Foot
Undeveloped Property Undeveloped Property $0 per Acre
Yes
B-2
No
NOTICE IS FURTHER GIVEN that, pursuant to California Elections Code Section 9282, the legislative body for the District, or any member or members thereof authorized by the legislative body, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument with the City Clerk of the City of Chowchilla not to exceed 300 words in length, for or against the above measure. A ballot argument shall not be accepted unless accompanied by the printed name or names of the person or persons submitting it and the signature(s) of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers. No more than five signatures may appear with any argument submitted to the City Clerk of the City of Chowchilla. In case any argument is signed by more than five persons, only the signatures of the first five will be printed with the ballot materials for the election.

NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and a sample ballot for the election, the City Council has fixed January 12, 2024, during normal City of Chowchilla office hours, as a reasonable date prior to the election after which no arguments for or against the above measure may be submitted to the City Clerk for printing and distribution to the voters as provided in Section 9286 of the California Elections Code. Arguments may be changed or withdrawn until and including said date fixed by the City Clerk.

NOTICE IS FURTHER GIVEN that any direct argument filed under the authority of the California Elections Code will be available for public examination in the office of the City Clerk of the City of Chowchilla for not less than 10 calendar days following the deadline for filing arguments.

By: /s/ Joann McClendon
City Clerk, City of Chowchilla

CITY OF CHOWCHILLA

COMMUNITY FACILITIES DISTRICT REPORT
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(REPLACEMENT OF CFD 2006-1)
Dated: November 14, 2023

CITY OF CHOWCHILLA

COMMUNITY FACILITIES DISTRICT REPORT
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(REPLACEMENT OF CFD 2006-1)

REPORT CONTENTS

1. Introduction
Exhibits
A. Description of Bonds to Be Repaid and Services
B. Cost Estimate

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(REPLACEMENT OF CFD 2006-1)

INTRODUCTION
The City Council (the “Council”) of the City of Chowchilla (the “City”), County of Solano, State of California pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), on October 10, 2023, adopted Resolution No. 77-23 entitled “A Resolution of the City Council of the City of Chowchilla, California Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein – Replacement of CFD 2006-1”” (the “Resolution of Intention”) stating its intention to form the City of Chowchilla Community Facilities District No. 2023-1 (Replacement of CFD 2006-1) (the “CFD”). In the Resolution of Intention, the Council ordered the preparation of a written Community Facilities District Report (the “Report”), for the CFD.

The Resolution of Intention described certain 2007 Bonds (the “2007 Bonds”) to be repaid by the CFD and services (the “Services”) to be financed by the CFD and directed that the Report be prepared.

For particulars, reference is made to the Resolution of Intention for the CFD, as previously approved and adopted by the Council.

NOW, THEREFORE, I, the Director of Community and Economic Development, being an official of the City having knowledge about the 2007 Bonds and the Services hereby submit the following data:

A. DESCRIPTION OF BONDS TO BE REPAID AND SERVICES. A general description of the proposed bonds to be repaid and authorized services is as shown in Exhibit “A” attached hereto and hereby made a part hereof.

B. COST ESTIMATE. The cost estimate for the repayment of the 2007 Bonds and of the Services for the CFD is set forth in Exhibit “B” attached hereto and hereby made a part hereof.

Dated as of ________________
By:

Director of Community & Economic
Development

EXHIBIT A

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(REPLACEMENT OF CFD 2006-1)

DESCRIPTION OF BONDS TO BE REPAID AND SERVICES TO BE FINANCED BY THE CFD 2007 BONDS TO BE REPAID
It is intended that the District be authorized to repay the City of Chowchilla Community Facilities District No. 2006-1, Improvement Area 1, Special Tax Bonds, Series 2007 on any date on or before their maturity.

SERVICES
The Services to be funded, in whole or in part, by the District include police protection services and fire protection and suppression services, including but not limited to (i) the cost of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus and supplies, (iii) park maintenance, and (iv) storm drainage system operation and maintenance, (v) the salaries and benefits of City staff that directly provide police protection services and fire protection services and suppression services and the services described in clauses (iii) and (iv), and (vi) City overhead costs associated with providing such services within the District.

OTHER

1. Costs related to the formation of the District.

2. Administrative expenses related to the District, including the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes), the fees and expenses of attorneys, any fees of the County of Madera related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related to the administration of the District and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the Services authorized to be funded by the District, and expenses incurred by the City in undertaking action related to properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.

3. Bond related expenses, including underwriters discount, municipal advisor fees and expenses, appraisal and absorption study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, trustee or fiscal agent fees and expenses, City costs and expenses related to any bonds and disclosure materials, and all other incidental expenses.

EXHIBIT B

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(REPLACEMENT OF CFD 2006-1)

COST ESTIMATE
The cost estimate shown below represents the estimated total uses of funds from the bonds:

Bond Cost Estimate
Category Total Costs
Refunding Escrow $5,715,000
Reserve Fund 607,500
Capitalized Interest 254,138
Reimbursement of Formation Costs 110,000
Costs of Issuance 257,724
Underwriter’s Discount 121,500
Total $7,065,862
The cost estimate shown below represents the estimated total annual cost of providing the Services.

Services Cost Estimate
Category Total Costs
Negative Fiscal Impact Related to Police, Fire, Park Maintenance, and Storm Drain Services $541,713
CFD Administration 5,000
Total $546,713

REPORT TO THE CITY COUNCIL
Item 4.2

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THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Public Hearing
SUBJECT: Closeout of Community Development Block Grant (CDBG) 21-CDBG-PI00022 PREPARED BY: Jonise Arredondo, Administrative Analyst
ATTACHMENTS: Resolution

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

The City Council approve the resolution to closeout the Community Development Block Grant (CDBG) No. 21-CDBG-PI-00022.

BACKGROUND:

The City of Chowchilla was awarded CDBG grant funds for $1,000,000 for the City of Chowchilla to fund a partial amount of the construction costs for the Humboldt Storm Drain Project.

The City is responsible for monitoring and reporting on all CDBG activities to ensure that the time schedules are met and milestones are accomplished. A Closeout Report must be submitted for the activities as the grant expires.

City staff intends to submit the Closeout Report to the California Department of Housing and Community Development (HCD) The information provided below covers expenditures and activities over the grant term.

The City of Chowchilla was originally awarded $860,000 only and amended the budget with an increase of $140,000. The budget was amended due to delays and an increase in costs. The total award amount comes out to $1,000,000 which was applied to construction costs.

REASON FOR RECOMMENDATION:

The Contractor, Dave Christian Const. Co., Inc., completed the work required for the Project. The City’s Public Works Inspector inspected the improvements required by the Project and all of the improvements have been completed. The City accepted the improvements July 25, 2023 and filed the Notice of Completion in order to closeout the Project. This resolution is created per the required grant close-out procedures.
21-CDBG-PI-00022
Activity CDBG Grant
Humboldt Storm Drainage Project $1,000,000
FISCAL IMPACT:

No fiscal impact for closing out funds.

ALTERNATIVES:

Not to approve the closing out of funds and therefore, City staff cannot complete the close out process.

ACTIONS FOLLOWING APPROVAL:

Complete Close Out Forms along with the Approved resolution to complete the closeout process with the California Department of Housing and Community Development (HCD).

COUNCIL RESOLUTION # -23

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

AUTHORIZING THE CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT NO. 21-CDBG-PI-00022
WHEREAS, The City of Chowchilla City Council has authorized the closeout for the Community Development Block Grant 21-CDBG-PI-00022
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 authorized close out of Community Development Block Grant (CDBG) No. 21-CDBG-PI-00022.

3. Authorization is effective indefinitely from the date of adoption of this resolution.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 14th day of November, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 4.3

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THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Public Hearing
SUBJECT: Consideration of a Resolution of the City Council of the City of Chowchilla Authorizing Staff to Submit the 2024-2032 Housing Element Update to the State of California Department of Housing and Community Development for Review
PREPARED BY: Bonique Emerson, AICP, Precision Civil Engineering Housing Element Consultant Team
REVIEWED BY: Mark Hamilton, Community and Economic Development Director

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

Staff recommends that the City Council adopt a resolution authorizing staff to submit the 2024-2032 Housing Element Update to the State of California Department of Housing and Community Development for Review.

HISTORY / BACKGROUND:

The Housing Element is one of eight state mandated elements that every general plan must contain. The purpose of the Housing Element is to identify the community's housing needs; to state the community’s goals and objectives with regards to housing production, rehabilitation, and conservation; and to define the policies and programs that the community will implement to achieve the stated goals and objectives.

The City’s 2016-2024 Chowchilla Housing Element was certified in March 2018 and subsequently readopted by the City on January 28, 2020, and certified by the California Department of Housing and Community Development (HCD) in June 2020. Under Assembly Bill (AB) 32, a jurisdiction is eligible to complete a housing element for an 8-year period if the housing element is submitted to the State Department of Housing and Community Development (HCD) by the State’s deadline. Chowchilla will be eligible to transition to an 8-year housing element cycle only after the City has successfully submitted two housing element updates within the time frame required by HCD. The City’s January 2020 adoption met the requirement for the first 4-year update.

If the City adopts a housing element in compliance with Government Code Section 65585 either on, before, or within 120 days of the statutory deadline of January 31, 2024, for the 6th cycle (spanning from January 31, 2024, to January 31, 2032), it will satisfy the second four-year update condition and the City will return to an eight-year update schedule. Precision Civil Engineering (PCE) has been contracted by the City to complete the 6th Cycle Housing Element Update for 2024-2032.

The City of Chowchilla’s 2024-2032 Housing Element Update has been prepared in compliance with State Housing Element Law and Guidelines of HCD. The Housing Element Draft is organized as outlined below.

The Public Review Draft Housing Element was published and distributed for a 30-day public review period beginning on October 10, 2023, and concluding on November 9, 2023, pursuant to AB 215. The Public Review Draft Housing Element will be revised during a 10-business day period from November 10, 2023, to November 23, 2023, to incorporate comments received from the public as required by HCD. At the time this staff report was prepared, neither City staff nor the City’s consultant (PCE) received comments on the Public Review Draft Housing Element.

Chapter 1 – Introduction
Provides an overview of State housing requirements, discusses General Plan consistency, and community outreach, engagement, and input.

Chapter 2 – Review of Past Accomplishments
Provides an evaluation and assessment of the City’s past housing element performance.

Chapter 3 – Housing Needs Assessment
Provides an assessment of existing and future housing needs.

Chapter 4 – Affirmatively Furthering Fair Housing
Provides an analysis of fair housing issues and a plan to address disparities.

Chapter 5 – Housing Constraints
Provides an assessment of constraints to housing development.

Chapter 6 – Sites Inventory and Resource Assessment
Provides an inventory of suitable land for housing and assesses available resources.

Chapter 7 – Housing Goals, Policies, and Programs
Provides an implementation plan to meet existing and future housing needs.

Upon authorization by the City Council, City staff will send the Draft Housing Element to HCD for review after November 23, 2023. HCD’s first review can take up to 90 days. HCD may approve the Housing Element Draft, or submit comments requiring further revisions, or approve the draft conditioned upon clarifying or requiring further changes and provide a finding of statutory compliance.

If a revised Housing Element Draft is submitted to HCD for further review and approval, it could take another 60 days for HCD review. Upon receiving the first set of comments from HCD, the document will be revised, and the revised Housing Element will be presented to the City Council for adoption at a public hearing. City Council will be notified when the City receives a letter of statutory compliance. Once adopted and a letter of compliance is received, then a copy of the final Housing Element will be available on the City’s website.

PUBLIC PARTICIPATION:

State housing law requires local governments to make a diligent effort to achieve public participation of all economic segments of the community through the housing element update process (California Government Code Section 65583(c)(9). The City of Chowchilla developed a comprehensive community outreach and engagement strategy to receive community feedback throughout the housing element update process. Outreach and engagement began in July 2023 and consisted of the following methods:

Webpage
The City’s 2024-2032 Housing Element webpage introduces the Housing Element and identifies ways to get involved in the update process including details and links to the community survey, community workshops, stakeholder focus groups, public meetings, and additional outreach events. The webpage was launched in July 2023. Webpage content is updated regularly as updates and new information becomes available. Content is provided in English and Spanish.

Community Survey
A community survey was created to receive input on housing needs and constraints to help inform the Housing Element. The survey was open from July 21, 2023, through October 6, 2023, available online and in-person at City Hall. The survey consisted of 17 questions and was available in English and Spanish.

The City promoted survey participation through the Housing Element webpage, social media postings (Instagram and Facebook), newspaper publication (Madera Tribune), the City’s e-weekly news bulletin, utility bill inserts (4,100 households), community postings (City Hall, Robertson Boulevard businesses, Library, Senior Community Center), a public services announcement to parents/guardians of students in the Chowchilla Union High School District (text and email), and at the Chowchilla Classic Car & Custom Bike Show held on September 16, 2023. All postings/promotions were provided in English and Spanish.

The City received 178 responses. Survey results are summarized in the Housing Element Update.

Public Meetings
Two introductory workshops were held with the Planning Commission and City Council in August 2023.

The Planning Commission Workshop was held on August 16, 2023, and the City Council Workshop was held on August 22, 2023. The purpose of these workshops was to introduce and inform the Commission and Council on the Housing Element update process. Both workshops were publicly noticed in accordance with the City’s noticing requirements. No members of the public attended the Planning Commission Workshop. Two members of the public attended the City Council Workshop. Presentations from both workshops were posted on the City’s Housing Element webpage.

Stakeholder Engagement
The City created an extensive list of community stakeholder consisting of agencies, organizations, and individuals involved in housing and housing-related services to engage in the Housing Element update process through focus groups or one-on-one interviews.

Invitations to participate were mailed to 70 stakeholders; email follow ups were sent to 58 out of 70 invited stakeholders (lower number due to email availability). The invitations included the meeting options in addition to ways for further engagement including one-on-one interviews, the community survey, and community workshops. Flyers (English/Spanish) were provided in each invitation to encourage the stakeholders to share the information within their networks.

The City hosted three stakeholder focus group meetings which were held virtually on August 29, 2023, August 30, 2023, and August 31, 2023. Four stakeholders participated in the focus group meetings.

Stakeholders represented Central Valley Resources for Independence, California Youth Connection, and Fairmead Community & Friends. Focus group takeaways are summarized in the Housing Element Update.

Following the focus group meetings, the City held 10 one-on-one interviews between September 11, 2023, and October 18, 2023, with Habitat for Humanity Greater Fresno Area, California Rural Legal Assistance, Fresno Madera Continuum of Care, Housing Authority of the City of Madera, Madera County Community Action Partnership, Fair Housing Council of Central California, Self-Help Enterprises, Chowchilla Unified High School District, and Fresno/Madera Building Industry Association. The City also corresponded via email with Leadership Counsel for Justice and Accountability. Interview takeaways are summarized in the Housing Element Update.

The City also hosted the annual builders’ forum, which was rebranded in 2023 to the “Central Valley Economic Summit.” The Summit was held on November 2, 2023 at Farnesi’s Steakhouse in Chowchilla.

A presentation on the Housing Element Update was provided. The purpose of the Summit was to foster economic growth and development in the city, providing the opportunity for sector leaders to connect, share, and engage in discussions on current economic trends, innovations, and strategies. Key takeaways are summarized in the Housing Element Update.

Community Workshops
Four community workshops were held and/or scheduled throughout the update process to engage and inform the community. Out of the four workshops, two were held and/or scheduled in-person at City Hall and two were held and/or scheduled virtually by Zoom. The topics for in-person and virtual workshops were the same, with in-person workshops held first followed by the virtual version the week following to increase accessibility for participation.

The first two workshops introduced the Housing Element and were held on September 6, 2023 (City Hall) and September 13, 2023 (Zoom). The following workshops are scheduled after the Public Draft Housing Element was released on October 10, 2023, and provided an overview of the drafted Housing Element.

These workshops were held on October 10, 2023 (City Hall) and October 18, 2023 (Zoom). The presentations were provided in English and Spanish, with Spanish translation services available.

Presentations were posted to the Housing Element update webpage following the conclusion of the workshops. Three community members participated in the workshops. Key takeaways are summarized in the Housing Element Update.

The City promoted workshop attendance through the Housing Element webpage, social media postings (Instagram and Facebook), newspaper publication (Madera Tribune), the City’s e-weekly news bulletin, utility bill inserts (4,100 households), community postings (City Hall, Robertson Boulevard businesses, Library, Senior Community Center), and at the Chowchilla Classic Car & Custom Bike Show held on September 16, 2023. All postings/promotions were provided in English and Spanish.

REASON FOR RECOMMENDATION:

In order for the City of Chowchilla to be in compliance with Housing Element Law, the City is required to submit the Housing Element Update for the 6th Cycle within the statutory deadline identified in Government Code Section 655850
FISCAL IMPACT:

The Housing Element Update is currently being funded by the General Fund on the 23/24 Budget. REAP funding is available in the amount of $23,722. We will need to create a new fund which will include a transfer out to general fund for this expense.

ENVIRONMENTAL REVIEW ANALYSIS:

No action required at this time. Environmental review will be completed for the 2024-2032 Housing Element Update in compliance with the California Environmental Quality Act (CEQA).

ALTERNATIVES:

Not to approve the resolution authorizing Staff to submit the 2024-2032 Housing Element Update to the State of California Department of Housing and Community Development for review and submit the 2024- 2032 Housing Element Update without a City Council Resolution.

ACTIONS FOLLOWING APPROVAL:

City staff will send the Draft Housing Element to HCD for review after November 23, 2023, to commence the initial 90-day HCD review period.
1 COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA, AUTHORIZING STAFF TO SUBMIT THE 2024-2032 HOUSING ELEMENT UPDATE TO THE

STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

FOR REVIEW
WHEREAS, the City of Chowchilla authorized the current update for the 6th Cycle Housing Element update for the period 2024-2032; and
WHEREAS, the statutory deadline for approval of the Housing Element update is on or within 120 days from January 31, 2024; and
WHEREAS, an introductory workshop was held with the Planning Commission on August 16, 2023 and City Council on August 22, 2023 to introduce and inform the Commission and Council on the Housing Element Update Process; and
WHEREAS, the 2024-2032 Draft Housing Element has been prepared in accordance with State Housing Element Law and Guidelines of the California Department of Housing and Community Development (HCD); and
WHEREAS, the Public Review Draft Housing Element was published and distributed for a 30-day public review period beginning on October 10, 2023 and concluding on November 9, 2023 pursuant to Assembly Bill 215; and
WHEREAS, the Public Review Draft Housing Element will be revised during a 10 business day time period from November 10, 2023 to November 23, 2023 to incorporate comments received as required by HCD; and
WHEREAS, upon authorization, City of Chowchilla staff will send the Draft Housing Element to HCD for review after November 23, 2023, which could take up to 90 days; and WHEREAS, HCD may approve the Housing Element Draft, or submit comments requiring further revisions, or approve the draft conditioned upon clarifying or requiring further changes and provide a finding of statutory compliance; and WHEREAS, if a revised Housing Element Draft is submitted to HCD for further review and approval, it could take another 60 days for HCD review; and WHEREAS, within the 120 days of the statutory deadline of January 31, 2024, staff will prepare a report for adoption of the Housing Element; and WHEREAS, upon obtaining receiving the first set of comments from HCD, the document will be revised, and the revised Housing Element will be presented to the City Council for adoption at a public hearing; and
WHEREAS, upon obtaining a letter of statutory compliance, Council will be notified; and WHEREAS, once adopted and a letter of statutory compliance is received, a copy of the Final Housing Element will be posted on the City’s website. 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. The recitals above are true and correct.

2. The City Council hereby authorizes staff to submit the 2024-2032 Housing Element to HCD for review and comment, which could take up to 90 days.

3. Upon receipt of HCD comments, staff will revise the document accordingly through adoption and receipt of statutory compliance and certification by HCD.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 14th day of November, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 4.4

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THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Public Hearing
SUBJECT: Introduction of an Ordinance of the City Council of the City of Chowchilla Amending Various Sections of Title 15, Buildings and Construction, of the Chowchilla Municipal Code
PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: Track Changes Version of Ordinance

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

That the City Council introduces the ordinance amending various sections of Title 15 of the Chowchilla Municipal Code; and, schedule the adoption of the amended ordinance for November 28, 2023.

BACKGROUND:

In 2020, the City Administrator tasked staff to review various current City Ordinances that were either grossly outdated or were no longer in compliance with current State and local codes. It was determined that Title 15 – Building and Construction would need to updated to follow current State Building and Fire Codes. It was past City practices to update the ordinance every three years. However, as staffing changed, the process of routinely updating the ordinance became a challenge.

REASON FOR RECOMMENDATION:

In 2021, Community & Economic Development staff began working with the City’s Fire Chief and legal counsel updating Title 15 of the Chowchilla Municipal Code. The “Track Change” version for Title 15 is attached for review. The whole Chapter was reviewed updated for grammar, clarifying definitions, pronouns, fees, and cleaning up any uncertainty regarding the City’s processes.

Substantial changes were made to the following sections:
a. 15.04.030 – One and Two Family Dwelling Code – Adopted b. 15.04.120 - City Declared fire zone – Districts designated c. 15.12.030 – Bureau of fire prevention – Established – Organization – Power and duties d. 15.12.120 – Amendments to the California Fire Code
e. 15.16 – Security Provisions
f. The deletion of the code cycle being used in multiple sections.

FISCAL IMPACT:

There is no fiscal impact to City.

ALTERNATIVES:

The City of Chowchilla to continue using the current Municipal Code Title 15 – Building and Construction ACTIONS FOLLOWING APPROVAL:
• Bring back to City Council for the 2nd Reading of amended ordinance. • Within fifteen (15) days of adoption, the Clerk's Office will publish the summary of the amended ordinance and the voting results of who was for or against the amendment. • Post amended ordinance in the kiosk for public review. • After thirty (30) days, the amended ordinance goes into effect. - CODE OF ORDINANCES
Title 15 BUILDINGS AND CONSTRUCTION
Chowchilla City, California, Code of Ordinances Created: 2023-09-07 11:26:10 [EST] (Supp. No. 18, Update 2)

Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.04 GENERAL PROVISIONS

15.04.010 Definitions and references.

A. As used in this chapter or in any code adopted by this chapter, "Bbuilding officialOfficial," "building Building directorDirector," or "administrative Administrative authorityAuthority" means the building Building inspectorInspector.

B. As used in this chapter or in any code adopted, all references to the "board Board of appealsAppeals" shall be interpreted as references to the city City councilCouncil, except the board of appeals for the uniform abatement of dangerous buildings, which shall be established by appointment by the Ccity Ccouncil.

C. As used in this chapter the following shall apply:

1. The California Building Code, including Appendix Chapters, may be abbreviated CBC.

2. The California Mechanical Code, including Appendix Chapters, may be abbreviated CMC.

3. Uniform Housing Code may be abbreviated U.H.C.

4. Uniform Sign Code may be abbreviated U.S.C.

5. Uniform Code for the Abatement of Dangerous Buildings may be abbreviated U.C.A.D.B.

6. The California Electrical Code, including Appendix Chapters, may be abbreviated CEC.

7. The California Plumbing Code, including Appendix Chapters, may be abbreviated CPC.

8. Uniform Swimming Pool Code may be abbreviated U.S.P.C.

9. The California Fire Code, including Appendix Chapters, may be abbreviated CFC.

10. Code of ordinances of city City of Chowchilla may be referred to as ordinance, the ordinance or this ordinance, all meaning this ordinance as adopted by the city City councilCouncil, and as may be codified hereafter.
(Ord. 306-79 §§ 1.010, 1.020, 1.030, 1979)
(Ord. No. 451-09, § 1, 1-12-2009; Ord. No. 500-19 , § 1, 10-8-2019)

15.04.020 Owner's permit.

Except as provided by this title, permits required shall be issued only to contractors licensed by the state to engage in the business or act in the capacity of a contractor in a specified field. The building Building Iinspector may issue a permit to the owner of a building on property for installations, alterations, changes or repairs of specified work, provided the work is done by the owner; provided, however, that permits for electrical work shall be issued only as provided in Sections 15.08.200 through 15.08.310, inclusive. (Ord. 355-86 § 1, 1986: Ord. 306-79 § 1.040, 1979)
Created: 2023-09-07 11:26:07 [EST]
(Supp. No. 18, Update 2)

15.04.030 One and Two Family Dwelling Code—Adopted.

That certain document, three copies of which are on file in the office of the city clerk, being marked and designated as "One and Two Family Dwelling Code," latest edition, as copyrighted by the American Insurance Association, Building Officials and Code Administrators International, Inc., International Conference of Building Officials and the Southern Building Code Congress, is hereby adopted as the code regulating the fabrication, erection, construction, enlargement, alteration, repair, location and use of detached one and two family dwellings, their appurtenances and accessory structures.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-3)

15.04.040 Building permit—Required for designated work.

No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure, or install, repair or change any plumbing fixture or piping, or install any electrical wiring, devices, appliances or equipment, or make any alterations in such existing wiring, devices, appliances or equipment, or install any gas piping, appliances or equipment or make any alterations in such existing installation or cause the same to be done, without first obtaining a separate permit for each undertaking from the bBuilding officialOfficial.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-4)

15.04.050 Building permit—Installation of curbs, gutters and sidewalks prerequisite to issuance—Variance.

No building permit shall be issued for any building to be erected, substantially enlarged or moved to a new location within the city unless and until suitable concrete curbs, gutters and sidewalks have been installed or provided for; provided, however, that where practical difficulties or unnecessary hardships result from the strict application of the within requirement, a variance may be granted by the Ccity council Council upon the application to the city City council Council stating the reasons why a variance should be granted. The installation of curbs, gutters and sidewalks as required herein shall be done in accordance with the provisions of Chapter 12.04 of this code.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-5)

15.04.060 Provisions for the physically handicapped disabled required where.

All public accommodations or facilities as defined in Section 19955 and 1955.5 of the Health and Safety Code of the state shall have provisions for the physically handicapped disabled installed in accordance with the American Standard Specification.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-5.1)

15.04.070 Building permit—Fees.

Building permit and inspection fees shall be from time to time set by resolution of the city City councilCouncil.
(Ord. 314-80 § 17, 1980: Ord. 243-73 § 2 (part), 1973: prior code § 5-6(A)) Commented [JPT1]: Delete per Senior Building Inspector.

Created: 2023-09-07 11:26:07 [EST]
(Supp. No. 18, Update 2)

15.04.080 Plumbing permits and inspection fees.

Plumbing permits and inspection fees shall be from time to time set by resolution of the city City councilCouncil.
(Ord. 314-80 § 18, 1980: Ord. 243-73 § 2 (part) , 1973: prior code § 5-6(c))

15.04.090 Mechanical permits and inspection fees.

Mechanical permits and inspection fees shall be from time to time set by resolution of the city City councilCouncil.
(Ord. 314-80 § 19, 1980: Ord. 243-73 § 2 (part), 1973: prior code § 5-6 (B))

15.04.100 Sign permits and inspection fees.

Sign permits and inspection fees shall be from time to time set by resolution of the city City councilCouncil. (Ord. 314-80 § 20, 1980: Ord. 243-73 § 2 (part), 1973: prior code § 5-6(D))

15.04.110 Certificate of insurance or consent to self-insure.

Before any permit required by this chapter can be issued, the applicant must adhere to all provisions of Section 3800, Article 3, Chapter 4, Construction Permit of the Labor Code of the state of California. (Ord. 306-79 § 1.050, 1979)

15.04.115 Electrical permits and inspection fees.

Electrical permits and inspection fees shall be from time to time set by resolution of the city City councilCouncil.
( Ord. No. 467-13, § 1, 1-14-2014 )

15.04.120 City declared fire zone—Districts designated.

The entire city is hereby declared to be a fire district. Such fire districts shall be known and designated as Fire Zones One, Two and Three, such fire zones being separately outlined and described in Sections 15.04.130 through

15.04.150.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-7 (part))

15.04.130 Fire Zone One.

Fire Zone One is designated and described as follows: All the real property within the city designated as the southeasterly one-half of Blocks 28, 39 and 52 and the northwesterly one-half of Blocks 27, 40 and 51 as same appear in that certain map entitled "Map of the City of Chowchilla" approved and declared the official map of the city by order of the city council dated August 23, 1968. (Ord. 243-73 § 2 (part) , 1973: prior code § 5-7(a))
Created: 2023-09-07 11:26:07 [EST]
(Supp. No. 18, Update 2)

15.04.140 Fire Zone Two.

Fire Zone Two is designated and described as follows: All that real property within the city designated as Blocks 14 through 17, 26, 29, 38, 41, 50, 53, 63, 64 and the northwesterly one-half of Blocks 28, 39 and 52 and the southeasterly one-half of Blocks 27, 40 and 61 and all that real property fronting on the easterly property line of Chowchilla Boulevard from the north city limits to the south city limits, and having a depth of one hundred fifty feet, all in accordance with that certain map entitled "Map of the City of Chowchilla" approved and declared the official map of the city by order of the city council dated August 23, 1968. (Ord. 243-73 § 2 (part), 1973: prior code § 5-7(b))

15.04.150 Fire Zone Three.

Fire Zone Three is designated and described as follows: All that real property within the city not included in Fire Zones One and Two, as the same appears in that certain map entitled "Map of the City of Chowchilla" approved and declared the official map of the city by order of the city council dated August 23, 1968. (Ord. 243-73 § 2 (part), 1973: prior code § 5-7 (c))

15.04.160 Adoption of the California Building Standards Administrative Code.

Pursuant to the provisions of Section 50022.2 of the Government Code of the State of California, the city City council Council of the Ccity of Chowchilla does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules and regulations specified and set forth in the current version of California Code of Regulations Title 24, known as the California Building Standards Administrative Code, California Administrative Code, California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Fire Code, California Green Building Standards Code, and California Referenced Standards Code, together with all appendices, copies of which are on file with the city City of Chowchilla for public record and inspection. These are hereby adopted by said City c Council by reference as the California Building Standards Administrative Code of the city City of Chowchilla and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions and fee exceptions as set forth in this chapter.
(Ord. No. 451-09, § 3, 1-12-2009; Ord. No. 467-13, § 2, 1-14-2014 ; Ord. No. 476-16 , 3-22-2016) Note(s)—A copy of the full text of Ord. No. 476-16 shall be on file in the city clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. Said ordinance shall be effective at 12:01 a.m. on the 31st day after its final passage.

15.04.170 Amendments, additions, deletions and fee exceptions.

DELETE: Sections 4-231 through 4-234; 4-320 through 4-326; 5-104 through 5-108; 7-133 and 7-134; and 16- 401 and 16-402 (relating to fees).

ADD: PERMIT FEES: The provisions for permit fees and all matters relating to permits and fees shall be as set forth in the latest resolution adopted by the Ccity Ccouncil establishing a schedule of fees and charges. (Ord. No. 451-09, § 4, 1-12-2009)
Commented [JPT2]: Delete per Senior Building Inspector
and Fire Chief. Chowchilla does not have fire zones.

Created: 2023-09-07 11:26:07 [EST]
(Supp. No. 18, Update 2)

15.04.180 Violation—Penalty added.

A. It shall be unlawful for any person, firm, or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or use or permit the same to be done, contrary to or in violation of any of the provisions of this title. The building official or his/her authorized representative shall issue a citation for an infraction, unless a determination has been made by the Ccity Aattorney that a misdemeanor charge is not appropriate.

B. Except as otherwise provided, a violation of any provision of this chapter is deemed a violation under the provisions of the City of Chowchilla Administration Citation Ordinance (Title 1, Chapter 1).

C. Nothing in this chapter precludes the City of Chowchilla from using any other available methods to enforce provisions of this chapter including, but not limited to, initiation by the city City attorney Attorney of any civil or criminal actions.
(Ord. No. 451-09, § 5, 1-12-2009)
Chapter 15.06 CALIFORNIA BUILDING CODE1

15.06.010 Building code.

Pursuant to provisions of section 50022.2 of the government code of the state of California, the Ccity cCouncil of the city City of Chowchilla does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules, and regulations specified as set forth in the currently adopted California Building Code Section 21, Section 10 of Chapter 28 of Title 15, including Appendix Chapters, included in the California Code of Regulations Title 24, California Building Standards Code, copies of which are on file in the community and economic development department, for public record and inspection. These are adopted by said City cCouncil by reference as the building code of the city City of Chowchilla and made part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions, and the exceptions as set forth in this chapter.

The currently adopted California Building Code is based on the currently adopted International Building Code as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the currently adopted California Building Standards Code of the currently adopted California Code of Regulations Title 24, together with all appendices. These are hereby adopted by reference as the building code, and made part of this chapter as though set forth in full, save and as set forth such portions as are amended, deleted, or added to as set forth in this chapter.
(Ord. 306-79 § 2.010, 1979)
(Ord. No. 451-09, § 6, 1-12-2009; Ord. No. 467-13, § 4, 1-14-2014 ; Ord. No. 500-19 , § 1, 10-8-2019) Ord. No. 500-19 , § 1, adopted Oct. 8, 2019, changed the title of § 15.06.010 from "Adopted" to read as herein set out.

1 Ord. No. 467-13, § 3, adopted Jan. 14, 2014 , amended the title of Ch. 15.06 to read as herein set out. Formerly, said chapter was entitled "Uniform Building Code."
Created: 2023-09-07 11:26:07 [EST]
(Supp. No. 18, Update 2)

15.06.020 Violation—Penalty.

A. It shall be unlawful for any person, firm, or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or use or permit the same to be done, contrary to or in violation of any of the provisions of the California Building Code or this chapter. The Bbuilding official Official or his/her authorized representative shall issue a citation for an infraction, unless a determination has been made by the Ccity attorney Attorney that a misdemeanor charge is not appropriate.

B. Except as otherwise provided, a violation of any provision of this chapter is deemed a violation under the provisions of the City of Chowchilla Administration Citation Ordinance (Title 1, Chapter 1).

C. Nothing in this chapter precludes the City of Chowchilla from using any other available methods to enforce provisions of this chapter including, but not limited to, initiation by the Ccity Aattorney of any civil or criminal actions.
(Ord. 306-79 § 2.020, 1979)
(Ord. No. 451-09, § 7, 1-12-2009)

15.06.030 Amendments.

The CBC adopted by this chapter is amended and changed as set forth in Section 15.06.040 and 15.06.050. (Ord. 306-79 § 2.030 (part), 1979)
(Ord. No. 451-09, § 8, 1-12-2009)

15.06.040 Building permits, fees, applications, and inspections The provisions for building permits, fees, schedules, and all matters relating to permits shall be as set forth herein or in the latest resolution of the Ccity council Council establishing a schedule of fees and charges. (Ord. 306-79 § 2.030 (part), 1979)
(Ord. No. 451-09, § 9, 1-12-2009; Ord. No. 467-13, § 5, 1-14-2014 )

15.06.050 Permits required.

Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Bbuilding official Official and obtain the required permit. (Ord. 306-79 § 2.030 (part), 1979)
( Ord. No. 467-13, § 6, 1-14-2014 )
Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

15.06.060 Seismic zoning requirements.

A. Wherever Uniform Building Code refers to and/or otherwise references seismic zoning, such seismic zoning for the city, except for critical structures, shall be Seismic Zone 2, and all rules, regulations, ordinances and codes shall be interpreted in accordance with Seismic Zone 2 as defined in the Uniform Building Code.

B. Critical structures shall remain Seismic Zone 3 as presently provided in the Uniform Building Code.

C. Critical Structures shall include the following:

1. A structure occupied for any of the following uses: hospital, fire station, school or college, radio station, television station, microwave station, telephone and telegraph communication;

2. A structure with an occupant load exceeding two thousand (2,000), the failure of which exposes its occupants to danger;

3. A structure exceeding three hundred thousand (300,000) occupant-hours during a calendar year and exceeding an occupant load of three hundred (300), the failure of which exposes its occupants to danger;

4. A structure, the failure of which severely impairs the ability of the community to respond in an emergency.

D. The city City engineer Engineer shall review each structure for which the classification is not certain and determine whether or not it is sufficiently similar in character and use to the critical structures set forth herein to be classified as a critical structure. His Their determination shall be final. (Ord. 259-75 § 1, 1975: Ord. 243-73 § 2 (part), 1973: prior code § 5-1) Chapter 15.08 ELECTRICAL CODE*

15.08.010 Electric code.

Pursuant to provisions of section 50022.0 of the government code of the state of California, the Ccity Ccouncil of the city City of Chowchilla does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules, and regulations specified and set forth in the currently adopted California Electrical Code, included in the California Building Standards Code of the California Code of Regulations Title 24, copies of which are on file in the community and economic development department, for public record and inspection. These are hereby adopted by the Ccity council Council by reference as the electrical code of the cCity of Chowchilla and made part of this chapter as is set forth in full, subject, however, to the amendments, additions, deletions, and the exceptions set forth in this chapter. (Ord. 306-79 § 7.010, 1979)
(Ord. No. 451-09, § 10, 1-12-2009; Ord. No. 467-13, § 7, 1-14-2014 ; Ord. No. 500-19 , § 1, 10-8-2019) Ord. No. 500-19 , § 1, adopted Oct. 8, 2019, changed the title of § 15.08.010 from "Adopted" to read as herein set out.

15.08.020 Violation—Penalty.

A. It shall be unlawful for any person, firm, or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

or use or permit the same to be done, contrary to or in violation of any of the provisions of the California Electrical Code or this chapter. The Bbuilding official Official or his/her authorized representative shall issue a citation for an infraction, unless a determination has been made by the Ccity attorney Attorney that a misdemeanor charge is not appropriate.

B. Except as otherwise provided, a violation of any provision of this chapter is deemed a violation under the provisions of the City of Chowchilla Administration Citation Ordinance (Title 1, Chapter 1).

C. Nothing in this chapter precludes the City of Chowchilla from using any other available methods to enforce provisions of this chapter including, but not limited to, initiation by the Ccity attorney Attorney of any civil or criminal actions.
(Ord. 306-79 § 7.020, 1979)
(Ord. No. 451-09, § 11, 1-12-2009)

15.08.030—15.08.170 Reserved.

Editor's note(s)—Ord. No. 451-09, § 12, adopted Jan. 12, 2009, deleted §§ 15.08.030—15.08.170, which pertained to various Articles of the electrical code and derived from Ord. No. 306-79, § 7.030 (part), 1979.

15.08.180 General provisions.

A. The language used in this chapter is intended to convey the common and accepted meanings familiar to the electrical industry.

B. The Bbuilding director Director is directed to determine the intent and meaning of any provision of this chapter. Such determination shall be made in writing and a record kept, which record shall be open to the public.
(Ord. 306-79 § 7.040, 1979)

15.08.190 Definitions.

Whenever the following terms are used in this chapter, they shall have the following meanings:

A. "Apprentice" or "Eelectrician's helperHelper" is one engaged in learning the electrical trade and/or electric sign trade.

B. "Electrical equipmentEquipment" is any and all electrical wires, appliances, conduits, fixtures, apparatus or devices in, on, or about buildings and on private or public property in the city, used for the conveying, carrying, or consumption of electrical energy of six volts or more, and also all low voltage controls.

C. "Electrical workWork" is any work done in connection with the installation, construction, erection, connection, removal, alteration, maintenance, or repair of any and all Eelectrical equipmentEquipment.

D. "Inspector" is the Bbuilding inspector Inspector of the city.

E. "Journeyman electricianElectrician" is any person holding a valid journeyman electrician's certificate who is employed to do Eelectrical work Work for a wage or salary either by day, week or month, but who does not furnish any materials or supplies in execution or performance of any such Eelectrical workWork.

Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

F. "Master electricianElectrician" is a person holding a valid electrical contractor's license (C-10) issued by the state.

G. "Plant Eelectrician" is a Jjourneyman Eelectrician who is regularly employed by a person for continuous service by the year or for a full season of operation of seasonal industries. (Ord. 306-79 § 7.110, 1979)

15.08.200 Permit—Required.

A. Except as stated in Section 15.08.210, no electric wiring device, appliance or equipment shall be installed within or on any building, structure or premises nor shall any alteration or addition be made in any such existing wiring, device, appliance or equipment without first securing a permit therefor from the building Building departmentDepartment.

B. A separate permit must be obtained for a temporary meter required for construction purposes.

C. A separate permit shall be required for each building or structure which stands alone, except those uses which are accessory to dwellings and which are located on the same premises. (Ord. 306-79 § 7.210, 1979)

15.08.210 Permit—Exceptions.

A. The following are exceptions from permit requirements:

1. Electric wiring expressly declared to be exempt from the provisions of the electrical code by any other sections hereof or by any other provisions of the Chowchilla Municipal Code;

2. Installation of any portable motor or other portable appliance energized by means of a cord or cable having an attachment plug end, when that cord or cable is permitted by this electrical code.

3. Repair or replacement of fixed motors or fixed approved appliances of the same type and rating in the same location;

4. Christmas temporary decorative lighting for a period of not to exceed twenty days;

5. Repair or replacement of current-carrying parts of any switch, contactor, or control device;

6. Reinstallation of attachment plug receptacles, but not the outlets therefor;

7. Repair or replacement of any overcurrent device of the required capacity and in the same location;

8. Repair or replacement of electrodes, or transformers of the same size and capacity for signs or gas tube systems;

9. Taping of joints;

10. Removal of electric wiring;

11. Temporary wiring for experimental purposes in suitable experimental laboratories.

B. The exceptions set forth in subsection A of this section from permit requirements shall not permit any electric wiring to be done in a manner contrary to other provisions of this electrical code.

C. No permit shall be required for the installation, alteration or repair of electric wiring, devices, appliances and equipment installed by or for a public service corporation for the use of such corporation in the generation, Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

transmission, distribution, or metering of the electrical energy, or for the use of such a corporation in the operation of signals of the transmission of intelligence. (Ord. 306-79 § 7.220, 1979)

15.08.220 Permit—When required.

Permits required by this chapter shall be obtained before work is started, except in cases where emergency or urgent necessity can be shown to exist and provided a permit is obtained within twenty-four hours, exclusive of Saturdays, Sundays and holidays.
(Ord. 306-79 § 7.230, 1979)

15.08.230 Permit—Issuance—Eligibility.

A. Permits shall be issued to:

1. Owners of single familysingle-family dwellings who qualify under the requirements of subsection B of this section; and

2. Plant electrician Electrician or master Master electricianElectrician;

3. Governmental agencies;

4. State licensed contractors whose licenses permit Eelectrical work Work as an integral or accessory authorization of such license.

B. The owner of a single familysingle-family dwelling including the usual accessory buildings may obtain permits for work in such dwelling or accessory buildings, provided:

1. The dwelling is, or is to be, occupied by the owner;

2. The dwelling is a detached building containing no other dwelling unit or other occupancy;

3. There are no other buildings other than the dwelling and accessory buildings located on the premises;

4. All work shall be done by the owner;

5. The owner files with the department an affidavit stating all of the facts set forth in this subsection. (Ord. 306-79 § 7.240, 1979)

15.08.240 Permit—Application.

A. Application for a permit required by this chapter shall be made in writing to the building Building Iinspector.

B. The application shall describe the work to be done and shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the installation as described will be in conformity conform with the requirements of this chapter.

C. Electrical plans shall be submitted with the application for the following types of installation:

1. All commercial and industrial installations;

2. Apartment buildings that containing five (5) or more units.

D. Plans submitted with such applications shall show a single line diagram of service feeders, conduit and wire size and shall be accompanied by electrical calculations.

Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

(Ord. 306-79 § 7.250, 1979)

15.08.250 Permit—Issuance.

A. Upon receipt of an application for a permit required by this chapter, and upon determining that the installation described in the application will, in general, conform with the requirements of this chapter, the Bbuilding Iinspector shall, if the applicant has complied with all the provisions of this chapter, grant such permit for the installation or alteration of electrical wiring, devices, appliances and equipment.

B. The issuance of a permit by the Iinspector shall not be taken as permission to violate any of the requirements of this chapter.

C. The Bbuilding Iinspector shall keep complete records of all permits issued in accordance with this chapter. (Ord. 306-79 § 7.260, 1979)

15.08.260 Fees for permits and inspections.

Electrical permits and inspection fees shall be from time to time set by resolution of the Ccity Ccouncil. (Ord. 314-80 § 21, 1980: Ord. 306-79 § 7.2120, 1979)

15.08.270 Permit—Fee refunds.

A. Electrical permit fees shall only be refunded in those instances where duplicate permits were issued for the same job, or, when requested, on those jobs whereon work has been performed pertaining to that permit.

B. No refund shall be made on permits which have expired.

C. A charge as determined and set from time to time by resolution of the Ccity Ccouncil shall be deducted from any fees to refunded under this section to defray the administrative costs incurred by the city. (Ord. 306-79 § 7.2130, 1979)
(Ord. No. 451-09, § 13, 1-12-2009)

15.08.280 Permit—Limitation.

When a permit required by this chapter is issued, it shall be for such installations as are described in the application and no deviations shall be made from the installation so described without the written permission or approval of the Bbuilding inspectorInspector.
(Ord. 306-79 § 7.280, 1979)

15.08.290 Temporary permit.

If the Bbuilding inspector Inspector finds that the safety of life and property will not be jeopardized, thehey may issue permits for temporary electrical installations for use during the construction of buildings, for carnivals, conventions, festivals, fairs, the holding of religious services, temporary lighting of streets, etc. Permission to use such temporary installation shall not be granted for a greater length of time than ninety days, except that a permit for a temporary power pole to be used for the construction of a building or buildings may be issued for the period of construction. Should such temporary lighting be over the street area or other public property, the proper Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

authority for such use of the street must first be obtained. All such temporary installations shall be made in a manner as nearly as practicable in conformance with the requirements of this chapter for permanent work, provided the Bbuilding inspector Inspector may permit deviations which will not cause hazard to life and property; and further provided, that whenever such hazards are deemed by the building Building inspector Inspector to exist, they may, at once, rescind or cancel the permit covering such installations and disconnect or order the disconnection of all energy to such equipment.
(Ord. 306-79 § 7.270, 1979)

15.08.300 Permit—Expiration.

If the work authorized by a permit required by this chapter is not commenced within a period of sixty days after issuance, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days, the permit shall become void. (Ord. 306-79 § 7.290, 1979)
( Ord. No. 467-13, § 8, 1-14-2014 )

15.08.310 Permit—Renewal.

A permit required by this chapter which has expired may be renewed upon payment of a fee, according to the fee schedule as adopted, to cover the unfinished work. (Ord. 306-79 § 7.2110, 1979)

15.08.320 Incomplete installation—Notification of inspection department.

A. Should any person, to whom a permit required by this chapter has been issued, quit an installation for any reason, they shall notify the inspection department of the Bbuilding department Department within fortyeight hours and request an inspection of the work installed.

B. No person shall resume work on an uncompleted installation until such installation has been approved by the inspection department and the necessary permit obtained. (Ord. 306-79 § 7.2140, 1979)

15.08.330 Completion of work—Notification of Bbuilding inspectorInspector.

Upon completion of the work which has been authorized by the issuance of a permit required by this chapter, it shall be the duty of a person installing the same to notify the Bbuilding inspector Inspector who shall inspect the installation within forty-eight hours, exclusive of Saturdays, Sundays and holidays, of the time such notice is given or as soon thereafter as practicable.
(Ord. 306-79 § 7.2150, 1979)

15.08.340 Inspection—Correction of defects.

If, upon inspection as required, the installation is not found to be fully in conformity with the provisions of this chapter, the Bbuilding Iinspector shall notify the person making the installation, stating the defects which have Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

been found to exist. All defects shall be corrected within ten days after inspection and notification, or within such other reasonable time as permitted by the Bbuilding Iinspector. (Ord. 306-79 § 7.2160, 1979)

15.08.350 Qualifications and registration.

A. No person other than a Mmaster electrician Electrician shall act in the capacity of a Jjourneyman electrician Electrician without a journeyman's certificate issued in the state of California by the state, any county, or city or other certificating authority acceptable to the city.

B. Apprentice or Eelectrician's helpers Helpers shall register with the inspector. (Ord. 306-79 § 7.150, 1979)

15.08.360 Scope of work.

A. A certificated Jjourneyman electrician Electrician may do any work covered by this chapter.

B. A Pplant electrician Electrician shall be restricted in the doing of any Eelectrical work Work to that directly connected with the industrial plants of theirhis employer. Any person employing a Pplant electrician Electrician shall, at the end of each quarter, submit to the Iinspector a list describing the Eelectrical work Work done during the month and shall immediately take out and pay for permits covering the electrical Electrical workWork, all in accordance with the provisions of this chapter.

C. No apprentice Apprentice or Eelectrician's helper Helper shall do or perform any electrical Electrical work Work except under the direct and personal supervision and in the presence of a licensed master or certified Jjourneyman electrician Electrician who shall be held responsible for the work of such apprentice Apprentice or Eelectrician's hHelper.
(Ord. 306-79 § 7.160, 1979)

15.08.370 Display of certificates.

Every Jjourneyman electricianElectrician, registered apprentice Apprentice and electrical helper must carry theirhis certificate with him while doing electrical Electrical workWork. (Ord. 306-79 § 7.170, 1979)

15.08.380 Existing construction.

A. Nothing contained in the code shall be construed to curtail the use of or to require any person to reinstall, reconstruct, alter, change or remove electrical wiring now in existence, which was legal at the time of enactment of this chapter, provided such continued use is not dangerous as defined in this chapter.

B. Electric wiring installed under a permit issued before the effective date of the code may be installed in accordance with the laws in effect when the permit was issued; and all work begun before expiration of the permit may be done in accordance with such laws.

C. When a building is moved within or into this city, the wiring and fixtures shall be made to comply with the provisions of this chapter.
(Ord. 306-79 § 7.120, 1979)
Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

15.08.390 Concealed wiring.

When any part of a wiring installation is to be hidden from view by the permanent placement of parts of the building, the person installing the wiring shall notify the Bbuilding inspector Inspector and such parts of the wiring installation shall not be concealed until they have been inspected and approved by the Iinspector; provided, that on large installations, where the concealment of parts of the wiring proceeds continuously, the person installing the wiring shall give the Iinspector due notice and inspections shall be made periodically during the progress of the work. The inspector Inspector shall have the power to remove, or require the removal of, any obstruction that prevents proper inspection of any Eelectrical equipment Equipment of installation. (Ord. 306-79 § 7.2170, 1979)

15.08.400—15.08.450 Reserved.

Editor's note(s)—Ord. No. 451-09, § 14, adopted Jan. 12, 2009, deleted §§ 15.08.400—15.08.450, which pertained to various electrical sections of the electrical code and derived from Ord. No. 306-79, §§ 7.310—7.360, 1979.

15.08.460 Building Iinspector—General authority.

A. The building Building inspector Inspector shall have the right, during reasonable hours or at any time when extreme danger exists, to enter any building in the discharge of theirhis official duties or for the purpose of making an inspection, reinspection or test of the installation of electric wiring, devices, appliances and equipment therein.

B. The Bbuilding inspector Inspector shall have the authority to cut or disconnect any wire in case of emergencies where necessary to the safety of life or property or where such wire may interfere with the work of the fire department.

C. The building Building inspector Inspector is authorized to disconnect or order discontinuance of electrical service to any electrical wiring, device, appliance or equipment found to be dangerous to life or property because they are defective or defectively installed.
(Ord. 306-79 § 7.060, 1979)

15.08.470 Building inspectorInspector—Delegative authority.

The building Building Iinspector may delegate any of theirhis powers or duties to any of theirhis assistants. (Ord. 306-79 § 7.070, 1979)

15.08.480 Inspections.

A. The Bbuilding inspector Inspector shall make inspection of all new installations and reinspection of all electrical installations as provided in this chapter.

B. The building Building inspector Inspector shall keep complete records of all inspections and reinspections made and other official work performed in accordance with this chapter. (Ord. 306-79 § 7.090, 1979)
Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

15.08.490 Powers and duties of Iinspector.

A. The Iinspector shall have the power, and it shall be theirhis duty, to enforce the provisions of this code and all ordinances, rules and regulations of the city and all laws of the state relating to Eelectrical equipment Equipment and electrical Electrical workWork, and do and perform such other acts as may be required by him by the city administrator.

B. It shall also be the duty of the Iinspector to inspect and examine, at such times as may be necessary, any and all Eelectrical equipment Equipment heretofore or hereafter installed in the city to the end that the same shall be maintained in a proper condition for the safeguarding of life and property.

C. When all of the electrical Electrical work Work done under each permit has been inspected and approved by the Iinspector, they shall issue a final certificate of inspection of the work upon request of the owner or permittee.
(Ord. 306-79 § 7.130, 1979)

15.08.500 Reinspection of electric wiring.

A. The Iinspector is authorized to inspect electric wiring installed prior to, or after the effective date of this code.

B. In order to alleviate hazards to life or property due to lack of maintenance, deterioration, unapproved alterations or additions, the Iinspector shall reinspect all electric wiring installations periodically. The intervals between these inspections shall not exceed five years.

C. The Iinspector will not be required to make periodic reinspections of single-family dwellings or multifamily dwellings having fewer than five dwelling units.
(Ord. 306-79 § 7.140, 1979)

15.08.510 Board of Aappeals.

A board of appeals Appeals for this chapter is established in accordance with the provisions for a Bboard of appeals Appeals under the CBC, except that wherever building construction is used in the CBC it shall be read as electrical construction.
(Ord. 306-79 § 7.140, 1979)
(Ord. No. 451-09, § 15, 1-12-2009)

15.08.520 Enforcement.

It shall be the duty of the Bbuilding Iinspector to enforce the provisions of this chapter. (Ord. 306-79 § 7.080, 1979)

15.08.530 Liability.

This chapter shall not be construed to relieve from or lessen the responsibility of any party owning, operating, controlling, or installing any electrical wiring, electrical device or electrical materials for damage to any person or property caused by any defect therein nor shall the city or any officer or employee thereof enforcing this Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

article be held assuming any such liability by means of the inspections authorized herein or by the issuance of certificates of inspection in accordance with the provisions of this chapter. (Ord. 306-79 § 7.050, 1979)
Chapter 15.12 FIRE PREVENTION CODE

15.12.010 Fire code.

Pursuant to the provisions of section 50022.2 of the government code of the state of California, the Ccity council Council of the Ccity of Chowchilla does hereby adopt by specific reference thereto and incorporates herein by said reference the provisions, rules, and regulations specified and set forth in the currently adopted California Fire Code, of the currently adopted California Code of Regulations Title 24, including Appendix Chapters, copies of which are file in the community and economic development department, for public record and inspection. These are adopted by said City cCouncil by reference as the Chowchilla Fire Prevention Code and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions, and the exceptions as set forth in this chapter.
(Ord. 312-80 §§ 8—10, 1980: Ord. 306-79 § 10.010(a), (b)) (Ord. No. 451-09, § 16, 1-12-2009; Ord. No. 467-13, § 9, 1-14-2014 ; Ord. No. 500-19 , § 1, 10-8-2019) Ord. No. 500-19 , § 1, adopted Oct. 8, 2019, changed the title of § 15.12.010 from "Adopted" to read as herein set out.

15.12.020 Reserved.

Editor's note(s)—Ord. No. 451-09, § 17, adopted Jan. 12, 2009, deleted § 15.12.020, which pertained to definitions and derived from Ord. No. 395-78 § 4(part), 1978; prior code § 9-3.

15.12.030 Bureau of fire prevention—Established—Organization—Powers and duties.

A. The California Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Chowchilla, which is hereby established and which shall be operated under the supervision of the fire departmentFire Chief.

B. The Fire cChief in charge of the bureau of fire prevention shall be appointed by the Ccity councilAdministrator.

C. The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The Fire Cchief of the fire department shall recommend to the city City council Administrator the employment of inspectors and technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause.

D. A report of the bureau of fire prevention shall be made annually and transmitted to the superintendent of public works of the city; it shall contain all proceedings under the California Fire Code, with such statistics as the chief of the fire department may wish to include therein; the chief of the fire department shall also recommend any amendments to such code which, in his judgment, are desirableThe members of the Bureau Created: 2023-09-07 11:26:08 [EST]
(Supp. No. 18, Update 2)

of Fire Prevention under the direction of the Fire Chief shall enforce the provisions of the California Fire Coes and related Codes.
(Ord. 295-78 § 4 (part), 1978; prior code § 9-2)
(Ord. No. 451-09, § 18, 1-12-2009)

15.12.040—15.12.090 Reserved.

Editor's note(s)—Ord. No. 451-09, § 19, adopted Jan. 12, 2009, deleted §§ 15.12.040—15.12.090, which pertained to fire prevention regulations. For complete derivation see the Ordinance Disposition List at the end of this volume.

15.12.100 Appeals.

Whenever the chief of the fire department disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the California Fire Code do not apply or that the true intent or meaning of the Code has been misconstrued or wrongly interpreted, the applicants may appeal from the decision of the chief of the fire department to the Ccity council Council by submitting a written request for an appeal to the city clerk within thirty days from the date applicant is given notice, by personal delivery or placing in the U.S. mail. (Ord. 295-78 § 4 (part), 1978: prior code § 9-9)
(Ord. No. 451-09, § 20, 1-12-2009)

15.12.110 Violation—Penalty.

A. It shall be unlawful for any person, firm, or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or use or permit the same to be done, contrary to or in violation of any of the provisions of the 2013 California Electrical Code or this chapter. The building official or his/her authorized representative shall issue a citation for an infraction, unless a determination has been made by the Ccity attorney Attorney that a misdemeanor charge is not appropriate.

B. Except as otherwise provided, a violation of any provision of this chapter is deemed a violation under the provisions of the City of Chowchilla Administration Citation Ordinance (Title 1, Chapter 1).

C. Nothing in this chapter precludes the City of Chowchilla from using any other available methods to enforce provisions of this chapter including, but not limited to, initiation by the Ccity attorney Attorney of any civil or criminal actions.
(Ord. 312-80 § 11, 1980: Ord. 306-79 § 10.020, 1979)
(Ord. No. 451-09, § 21, 1-12-2009; Ord. No. 467-13, § 10, 1-14-2014 )

15.12.120 Amendments to the California Fire Code
A. Amend California Fire Code Section 102.6 to read as follows:

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Historic Buildings. The provisions of this Code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the State or local jurisdiction as historic buildings when such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings and structures shall be provided in accordance with Part 8 of Title 24, of the Current California Historic Building Code.

B. Amend California Fire Code Section 104.1 to read as follows:

Permits, Fire Suppression, and Inspection Recovery of Costs. The Fire Department shall recover cost that reasonably constitute the cost of fire suppression, inspections, clean-up of chemical spills, the cost of suppression chemicals, material and/or equipment used to mitigate the hazard. Cost recovery against a property owner and/or other responsible person when the act is a result of that person’s willful negligence and/or negligence, violation of federal or state statute, or local ordinance.

C. Amend California Fire Code Section 104.3.2 to read as follows:

Inspection Frequency. The Fire Code Official is authorized to establish a minimum inspection frequency for all occupancy groups where not already determined by the State of California Health and Safety Code.

D. Amend California Fire Code Section 106.6 to read as follows:

Fees for Fire Inspections. The Fire Code Official shall be authorized to charge a fee for any fire inspections of existing sites, buildings, structures, and properties within the City of Chowchilla. Fees for such services shall be in accordance with the Master Fee Schedule.

E. Amend California Fire Code Section 307.1.1 to read as follows:

Prohibited Open Burning.

1. Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.

2. Open burning in violation of the rules or regulations promulgated by the San Joaquin Valley Air Pollution Control District.

3. The Fire Code Official or their designee is authorized to order, or effect, the immediate extinguishment of any open burning when in the opinion of the Fire Code Official, or their designee, it is reasonably necessary for safety and/or protection of life and/or health, and may issue administrative citations and seek to recover costs in accordance with Sections 104.1 of the California Fire Code.

F. Amend California Fire Code Section 506.1 to read as follows:

Key Boxes. When access to or within a structure or an area is unduly difficult because of secure openings, where immediate access is necessary for life saving or firefighting purposes, or where an automatic fire suppression and/or standpipe system is installed, or where an automatic alarm system is installed, or where a gate or cross arm impedes ingress through a fire lane, or where the area or building is protected by a locked gate, a key box or a security padlock shall be installed in an accessible location unless otherwise authorized by the Fire Chief. The approved City of Chowchilla Fire Department key box shall be a “Knox Box.” The Knox Box and security padlock shall be obtained through the City of Chowchilla Fire Department. The key boxes shall contain, but not be limited to the following items as designated by the Fire chief:

1. Labeled keys to locked points of egress, whether interior or exterior; Formatted: Font: Bold
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2. Labeled keys to locked mechanical rooms;

3. Labeled keys to any gate or secured areas not installed with a Knox Box or Security Padlock;

4. Labeled keys to any other areas that may be required by the Fire Chief;

5. A list with the names and telephone numbers for the emergency contact persons;

6. Floor plan of the interior building showing locations of shut offs; decals shall be installed/displayed as required by the Fire Chief.

When hazardous materials as defined in Chapter 27 of the California Fire Code are stored or dispensed or other conditions exist on the premises where information is necessary for the life saving or firefighting purposes as determined by the Fire Chief, a document storage box shall be installed in an accessible location unless otherwise authorized by the Fire Chief. The approved City of Chowchilla Fire department document storage box shall be a “Knox Document Storage Cabinet.” The “Knox Document Storage Cabinet” shall be obtained through the City of Chowchilla Fire Department. The box shall contain, but not be limited to the following items as designated by the Fire Chief:

1. Blueprints;

2. Floor plans;

3. Safety Data Sheets (“SDS”) hazardous materials information;

4. Any other emergency response related items as required by the Fire Chief.

G. Amend California Fire Code Section 903.2 to read as follows:

Automatic Sprinkler Systems.

1. Notwithstanding any less restrictive provision of Section 903 of the California Fire Code, an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet and the total remodel exceeds fifty percent (50%) of the building’s square footage or the cost exceeds one hundred thousand dollars ($100,000.00) as determined by the City, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply.

2. a. In the case of a remodel of an existing building or structure an automatic sprinkler system shall be provided in the locations described in Section 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply. b. In the case of an addition to an existing building or structure an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds five thousand (5,000) square feet or the addition causes the fire area to exceed five thousand (5,000) square feet and the addition exceeds twenty five percent (25%) of the existing building square footage and the total proposed building area is five thousand (5,000) square feet or larger, an approved automatic sprinkler system shall be installed in the building, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet, which in that case the more restrictive provision shall apply. The twenty five percent (25%) threshold shall be cumulative over the life of the building.

Exception: Building additions of entirely non-combustible construction and non-combustible uses such as covered pedestrian walkways.

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c. In the case of a change in the type of use or occupancy an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) squire feet which in that case the more restrictive provision shall apply.

3. Fire Control Room. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Said room shall contain all system control valves, fire alarm control panels, HVAC duct detector test and reset switches and other fire equipment required by the Fire Chief.

Fire control rooms shall be located within the building at a location approved by the Fire Chief and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the “Fire Control Room”.

4. Locking Devices Fire Department Connections. Every building equipped with a fire sprinkler system shall be required to install lockable type devices on Fire Department Connection. Said device shall be approved by the Fire Department (Knox Fire Department Connection.) Exceptions:

1. Where the California Fire Code and/or California Building Code are more restrictive, the most restrictive occupancy requirements will be followed.

2. Area separation walls, the extent and location of such wall shall provide a complete separation or division to limit the floor area to five thousand (5,000) square feet. Separation shall be four-hour fire resistive construction. Four-hour separation walls shall be constructed in accordance with the current California Building Code.

H. Amend California Fire Code Section 903.3.1 to read as follows:

NFPA 13D Sprinkler Systems – Sprinkler Systems. Automatic sprinkler system installed in one- and two-family dwellings; Group R-3; and townhouses shall be designed using an approved Passive-purge System and be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80 of the California Fire Code.

I. Amend California Fire Code Section 903.3.5.1 to read as follows:

NFPA 13D Sprinkler Systems – Domestic Services. Where the domestic service provides the water supply for the automatic sprinkler system, there shall be two separate supplies connected to the back side of the city water meter, both supplies shall be in accordance with this section and the current California Building Code.

J. Amend California Fire Code Section 906.1 to read as follows:

Portable Fire Extinguishers. The minimum approved portable fire extinguisher size for all occupancies shall be, 2- A: 10-B: C rated. Unless more restricted by code.

K. Amend California Fire Code Section 1104.7.7 to read as follows:

Door Swing. When, in the opinion of the Fire Code Official, it is essential for public safety in any existing building or occupancy, because of the number of persons served, or the nature of the operation, an owner, agent or lessee shall install doors that swing in the direction of egress travel, as required and approved when such places are open to the public, or when such operation is being conducted.

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L. Amend California Fire Code Section 1104.7.8 to read as follows:

Door Hardware. When, in the opinion of the fire code official, it is essential for public safety in any existing building or occupancy, because of the number of persons served, or the nature of the operation, an owner, agent or lessee shall provide and maintain panic or fire exit hardware, as required and approved when such places are open to the public, or when such operation is being conducted.

Chapter 15.16 SECURITY PROVISIONS

15.16.010 Purpose of chapter provisions.

The purpose of this chapter is to set forth minimum standards of construction for resistance to unlawful entry.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8)

15.16.020 Definitions.

For the purpose of this chapter, certain terms are defined as follows:

A. "Cylinder guard" means a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools.

B. "Deadbolt" means a bolt which has no automatic spring action and which is operated by a key cylinder, thumb-turn or lever, and which is positively held fast when in the projected position.

C. "Deadlocking latch" means a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger, or auxiliary mechanism.

D. "Latch" means a device for automatically retaining the door in a closed position upon its closing. (Ord. 243-73 § 2 (part), 1973: prior code § 5-8.3)

15.16.030 Applicability of chapter provisions.

The provisions of this chapter shall apply to enclosed Group A, B, E, F, G, H, I and J occupancies regulated by this code. Exception: The requirements shall not apply to enclosed Group J occupancies having no opening to an attached building or which are completely detached.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8.1)

15.16.040 Alternate security provisions authorized when.

The provisions of this chapter are not intended to prevent the use of any device or method of construction not specifically prescribed by this code when such alternate provides equivalent security based upon a recommendation of the chief of police.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8.2)
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(Supp. No. 18, Update 2)

15.16.050 Testing procedures—Sliding glass doors.

Panels shall be closed and locked. Tests shall be performed in the following order:

A. Test A. With panels in the normal position, a concentrated load of three hundred pounds shall be applied separately to each vertical pull stile incorporating a locking device at a point on the stile within six inches of the locking device in the direction parallel to the plane of glass that would tend to open the door;
B. Test B. Repeat Test A while simultaneously adding a concentrated load of one hundred fifty pounds to the same area of the same stile in a direction perpendicular to the plane of glass toward the interior side of the door;
C. Test C. Repeat Test B with the one-hundred-fifty-pound force in the reversed direction towards the exterior side of the door;
D. Test D, E and F. Repeat A, B and C with the movable panel lifted upwards to its full limit within the confines of the door frame.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8.4)

15.16.060 Testing procedures—Sliding glass windows.

Sash shall be closed and locked. Tests shall be performed in the following order:

A. Test A. With the sliding sash in the normal position, a concentrated load of one hundred fifty pounds shall be applied separately to each sash member incorporating a locking device at a point on the sash member within six inches of the locking device in the direction parallel to the plane of glass that would tend to open the window;
B. Test B. Repeat Test A while simultaneously adding a concentrated load of seventy-five pounds to the same area of the same sash member in the direction perpendicular to the plane of glass toward the interior side of the window;
C. Test C. Repeat Test B with the seventy-five-pound force in the reversed direction towards the exterior side of the window;
D. Test D, E and F. Repeat Tests A, B and C with the movable sash lifted upwards to its full limit within the confines of the window frame.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8.5)

15.16.070 Doors—Construction, installation and security requirements generally.

A door forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in Sections 15.16.080 through 15.16.110 when such door is directly reachable or capable of being reached from a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway, private garage, portion of the building which is available for use by the public or other tenants or similar area. A door enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said Sections 15.16.080 through 15.16.110.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8.6)
Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

15.16.080 Doors—Swinging door specifications.

A. Swinging wooden doors, openable from the inside without the use of a key and which are either of hollowcore construction or solid-core, or less than one and three-eighths inches in thickness, shall be covered on the inside face with sixteen-gauge sheet metal attached with screws at six-inch maximum centers around the perimeter or equivalent. Requirements for lights in doors shall be as set forth in Sections 15.16.130 and

15.16.140.

B. A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a deadbolt and a deadlocking latch. The deadbolt and latch may be activated by one lock or by individual locks. Deadbolts shall contain hardened inserts or equivalent, so as to repel cutting-tool attack.

The lock or locks shall be key-operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device not requiring a key or special knowledge or effort.

EXCEPTION:

1. The latch may be omitted from doors in Group F and C occupancies;

2. Locks shall be key or otherwise operated from the inside.

3. A swinging door of width greater than five feet may be secured as set forth in Section 15.16.100. A straight deadbolt shall have a minimum throw of one inch, and the embedment shall be not less than five-eighths inch into the holding device receiving the projected bolt; a hook shape or expending lug deadbolt shall have a minimum throw of three-fourths inch. All deadbolts of locks which automatically activate two or more deadbolts shall embed at least one-half inch, but need not exceed three-fourths inch into the holding devices receiving the projected bolts.

C. The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a deadbolt or deadbolts as set forth in subsection B of this section.

EXCEPTION:

1. The bolt or bolts need not be key-operated, but shall not be otherwise activated from the exterior side of the door;

2. The bolt or bolts may be engaged or disengaged automatically with the deadbolt or by another device on the active leaf or lower leaf;

3. Manually operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one-half inch into the device receiving the projected bolt may be used when not prohibited by Chapter 33 or other laws and regulations.

D. Door stops on wooden jambs for in-swinging doors shall be of one-piece construction with the jamb or joined by a rabbet.

E. Nonremovable pins shall be used in pin-type hinges which are accessible from the outside when the door is closed.

F. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. (Ord. 243-73 § 2 (part), 1973: prior code § 5-8.7)
Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

15.16.090 Doors—Sliding glass door specifications.

Sliding glass doors shall be equipped with locking devices and shall be so installed that, when subjected to tests specified in Section 15.16.070, they remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8.8)

15.16.100 Doors—Overhead and sliding door specifications.

Metal or wooden overhead and sliding doors shall be secured with a cylinder lock, padlock with a hardened steel shackle, metal slide bar, bolt or equivalent when not otherwise locked by electric power operation. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. (Ord. 243-73 § 2 (part), 1973: prior code § 5-8.9)

15.16.110 Doors—Metal accordion grate or grille-type door specifications.

Metal accordion grate or grille-type doors shall be equipped with metal guides at top and bottom and a cylinder lock or padlock and hardened steel shackle shall be provided. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in hollow metal doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. (Ord. 243-73 § 2 (part), 1973: prior code § 5-8.10)

15.16.120 Windows, skylights and other lights—Construction, installation and security requirements generally.

A window, skylight or other light forming a part of the enclosure of a dwelling unit or of an area occupied by one tenant of a building shall be constructed, installed and secured as set forth in Sections 15.16.130 and

15.16.140 when the bottom of such window, skylight or light if not more than sixteen feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway or private garage, or from a portion of the building which is available for use by the public or other tenants or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with said Sections

15.16.130 and 15.16.140.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8.11)

15.16.130 Windows, skylights and other lights—Material specifications.

Lights within forty inches of a required locking device on a door when in the closed and locked position and openable from the inside without the use of a key, and lights with a least dimension greater than six inches but less than forty-eight inches in Group F and G occupancies, shall be full-tempered glass, approved burglary-resistant material or guarded by metal bars, screens or grilles in an approved manner. (Ord. 243-73 § 2 (part), 1973: prior code § 5-8.12)
Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

15.16.140 Windows, skylights and other lights—Locking devices.

A. Sliding glass windows shall be provided with locking devices that, when subjected to the tests specified in Section 15.16.060, remain intact and engaged. Movable panels shall not be rendered easily openable or removable from the frame during or after the tests.

B. Other openable windows shall be provided with substantial locking devices which render the building as secure as the devices required by this section. In Group F and G occupancies, such devices shall be a glide bar, bolt, crossbar and/or padlock with hardened-steel shackle.

C. Special louvered windows, except those above the first story in Group H and I occupancies which cannot be reached without a ladder, shall be of material or guarded as specified in Section 15.16.130, and individual panes shall be securely fastened by mechanical fasteners requiring a tool for removal and not accessible from the outside when the window is in the closed position. (Ord. 243-73 § 2 (part) , 1973: prior code § 5-8.13)

15.16.150 Hatchways, scuttles and similar openings.

A. Wooden hatchways less than one and three-quarters inch thick solid wood shall be covered on the inside with sixteen-gauge sheet metal attached with screws at six-inch maximum centers around perimeter.

B. The hatchway shall be secured from the inside with a slide bar, slide bolts and/or padlock with a hardenedsteel shackle.

C. Outside pin-type hinges shall be provided with nonremovable pins.

D. Other openings exceeding ninety-six square inches with a least dimension exceeding eight inches shall be secured by metal bars, screens or grilles in an approved manner. (Ord. 243-73 § 2 (part), 1973: prior code § 5-8.15)

15.16.160 Other openings—Requirements.

Openings, other than doors or lights, which form a part of the enclosure, or portion thereof, housing a single occupant and the bottom of which is not more than sixteen feet above the grade of a street, highway, yard, court, passageway, corridor, balcony, patio, breezeway or similar area, or from a private garage, or from a portion of the building which is occupied, used or available for use by the public or other tenants, or an opening enclosing a private garage attached to a dwelling unit which openings therein shall be constructed, installed and secured as set forth in Section 15.16.150.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-8.14)
Chapter 15.20 SIGNS

15.20.010 Uniform sign code.

A. There is adopted by reference by the City cCouncil for the purpose of providing minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

within a building in the city that certain code identified as the Uniform Sign Code (U.S.C.), 1979 edition, published by the International Conference of Building Officials.

B. A copy of such code has been and is now on file in the office of the city clerkCommunity and Economic Development office.
(Ord. 312-80 § 5, 1980: Ord. 306-79 § 5.010, 1979)
( Ord. No. 500-19 , § 1, 10-8-2019)

15.20.020 Uniform Sign Code—Section 303(3) deleted.

Section 303(3) of the U.S.C. is deleted.
(Ord. 312-80 § 6, 1980: Ord. 306-79 § 5.030, 1979)

15.20.030 Classes of permitted projecting signs designated.

It is unlawful for any person to place or maintain upon or attach to any building or premises any sign, advertisement, transparency or bulletin board which shall project over or upon the sidewalk, except those included within the following classes:

A. Class A. Flat, curved or drum signs, incandescent lights, signs and transparencies with safe or secure fastenings for their whole length parallel to the front of the buildings and not projecting over the sidewalk more than four (4) inches, when placed less than eight (8) feet above the sidewalk, and not projecting more than twelve (12) inches, when placed eight (8) feet or more above the sidewalk; B. Class B. Pole signs or barber's mechanical sign projecting not more than twelve (12) inches from the building;
C. Class C.

1. Horizontal electric signs must be equipped for illumination. The aggregate rated candlepower of the lamps used in illuminating signs must equal not less than eight (8) candlepower per square foot of area of the illuminated portion of the sign; provided, that in the case of a double-faced interiorly illuminated sign, such area shall be the area of only one face thereof.

2. Such horizontal electric signs shall not project over the sidewalk area nearer than two (2) feet from the outer edge of the curbline; provided, that no such sign shall project more than ten feet from the property line and no part of such sign shall be less than ten (10) feet above the sidewalk. Such sign and its supporting members shall be made entirely of metal and other noncombustible and noncorrosive materials.

3. Such sign and metal frame shall be attached to the building or to a tripod mast or structure of substantial design with through bolts or other fitting approved by the city Bbuilding Iinspector. All frame members, guys, braces or other supports of such signs shall be of iron or steel, galvanized or covered with noncorrosive paint or weatherproofing incombustible material, and of sufficient strength to adequately sustain such sign.

4. No projecting sign of this class shall have an exposed area to exceed fifty (50) square feet; D. Class D. For the purpose of this chapter, all electric signs, other than horizontal electric signs, shall be considered vertical electric signs. Vertical electric signs shall conform in every respect in regard to material, character or construction of signs, supports, exposed-area limitation and amount of illumination to the requirements of Class C signs. Vertical electric signs shall have no part less than ten Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

(10) feet above the sidewalk and shall project no more than six (6) feet from the property line, except that, upon proper showing of the necessity thereof, the Ccity council Council may, by resolution, issue a permit for a Class D sign, which shall project no more than eight (8) feet from the property line; E. Class E. Flat or curved wire neon signs with flat or raised letters may be extended from the front of one bay window above the first story to any adjacent bay window of the same building, provided that projection of the sign from the front of the bay windows is not more than six (6) inches; F. Class F. Wooden signs shall be fastened flat against the wall of a building or in front of or on top of the cornice over a first-story show window and, when exceeding two (2) feet in height, shall not exceed forty (40) square feet in area.
(Prior code § 16-1)

15.20.040 Electric signs—Construction.

All electric signs shall be constructed in every respect in accordance with the regulations of the Industrial Accident Commission of the state State from time to time in effect. (Prior code § 16-2)

15.20.050 Electric signs—Minimum number of defective sockets.

No electric sign shall be used or maintained which has less than ninety (90) percent of the installed sockets effective while illuminated.
(Prior code § 16-3)

15.20.060 Violation—Penalty.

No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter.
(Ord. 306-79 § 5.020, 1979)
Chapter 15.24 SWIMMING POOLS

15.24.010 Purpose of provisions—Swimming pool defined.

A. The purpose of this chapter is to set forth minimum health and safety standards in the construction of private swimming pools.

B. For the purpose of this chapter, "swimming pool" means a structure or container with a minimum surface area of one hundred seventy-five (175) square feet and a depth of twenty-four (24) inches or more used for wading or swimming.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-9)
Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

15.24.020 Filtration system required when.

A filtration system approved by the National Sanitation Foundation shall be required on all swimming pools having a capacity in excess of five thousand (5,000) gallons of liquid. (Ord. 243-73 § 2 (part), 1973: prior code § 5-9.1)

15.24.030 Enclosure and gate requirements.

All swimming pools, as defined in this chapter, shall be enclosed in a yard with a fence having a minimum height of five feet. All gates into said yard shall be of a self-closing design with an automatic latching device. The latching device shall be so placed or designed so that a child three feet six inches in height will be unable to operate it from the outside of the fenced area.
(Ord. 243-73 § 2 (part), 1973: prior code § 5-9.2)

15.24.040 Uniform Swimming Pool Code—Adopted.

A. There is adopted by reference by the City cCouncil for the purpose of providing minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction and location of all swimming pools within the city and that certain code identified as the Uniform Swimming Pool Code, 1976 edition, published by the International Association of Plumbing and Mechanical Officials, save and except such portions as are hereinafter amended, deleted, or added to.

B. A copy of such code has been and is now on file in the office of the city clerk Community and Economic Development Department.
(Ord. 306-79 § 9.010, 1979)

15.24.050 Building permit—Required.

No person, firm, or corporation shall construct any swimming pool in the city without first obtaining a building permit from the Bbuilding inspector Inspector in accordance with the provisions of this chapter. (Ord. 306-79 § 9.020, 1979)

15.24.060 Permit—Application.

The application for the permit required by this chapter shall be the same as used for building permits, and shall contain, among other things, the location of the proposed construction and the address or other identification of other property over which the contractor must move materials and equipment to gain access to the construction site.
(Ord. 306-79 § 9.030, 1979)

15.24.070 Permit—Issuance.

No person, except a property owner of the premises for which the application for the permit required in this chapter is being made, or a person licensed by the State Contractor's Licensing Board of a category permitting the construction of swimming pools, shall be issued a building permit for construction of a swimming pool.

Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

(Ord. 306-79 § 9.040, 1979)

15.24.080 Permit issuance—Deposit for indemnification.

A building permit required by this chapter shall not be issued unless the applicant has deposited with the Bbuilding inspector Inspector a cash bond, certified check, letter of credit or a security bond payable to the city in the sum of five hundred dollars ($500.00) to indemnify the city for any damage to improvements located within the city right-of-way used by contractors.
(Ord. 306-79 § 9.050, 1979)

15.24.090 Deposit for indemnification—Release.

The cash bond or any residual thereof required under this chapter may be released, upon certification by the building inspector that any city property damaged by the swimming pool contractor has been restored to as good a condition as it was prior to such damage or that city property suffered no damage incident to the construction process.
(Ord. 306-79 § 9.060, 1979)

15.24.100 Building Iinspector authority.

The building Building inspector Inspector shall have the right to inspect all trucks, tractors, excavators, and other equipment proposed to be used in the construction of swimming pools in the city. TheyHe shall be the sole judge as to the hazard of danger that such equipment may impose upon curbs, gutters, sidewalks and other improvements as may be located in the city right-of-way at or near the construction site, and they shall be vested with full authority to prescribe measures for the protection of city improvements. (Ord. 306-79 § 9.070, 1979)

15.24.110 Repair of damage to city improvements.

In the event of damage to any street, curb, gutter, sidewalk, or any other public property incident to swimming pool construction, the Bbuilding Iinspector shall cause such work as may be necessary to restore the improvements to as good a condition as the same was prior to such damage, and shall charge the cost thereof to the contractor to whom the permit was issued for the particular construction job. Such work may be performed by local contract or by city forces as deemed most economical and appropriate by the Bbuilding Iinspector. Such damages as occur may be recovered from the cash bond or other indemnification security as required in this chapter.
(Ord. 306-79 § 9.080, 1979)
Chapter 15.28 HOUSE TRAILERS
Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

15.28.010 Using certain vehicles for living purposes prohibited except in mobile home parks— Attachment to utilities prohibited.

A. Except as provided under Section 18.66.0l0(F)(3) of this code, it is unlawful for any person to use, occupy or maintain for living purposes any house trailer, or mobilehome as those terms are defined in the Health and Safety Code of this state, or any recreational vehicle as defined in Title 18 of this code, on any area or tract of land within the city, unless such house trailer, mobilehome or recreational vehicle is located upon and within a state licensed mobilehome park or travel trailer park zoned for such use by the city.

B. No house trailer, mobilehome or recreational vehicle as defined in subsection A of this section shall be attached to utilities, sewer, water or power, except as such may be provided by state licensed mobilehome parks and travel trailer parks; nor shall they be used to provide living quarters while stored on the lot except as provided under Section 18.66.100(F)(3); nor shall they be used for a spare bedroom; nor shall they be used for an adjunct to normal rooms in a dwelling; nor shall they be used as a dwelling, even on multiplefamily lots; nor shall the toilet facilities be used in any of the aforementioned devices on any lot within the city.
(Ord. 365-89 § 4, 1989: Ord. 286-78 § 2 (part), 1978: prior code § 4-20)

15.28.020 Temporary permit requirements for use during construction of dwelling.

A. A temporary special permit for the use or maintenance of a house trailer, camp car, mobile home, trailer coach, travel trailer or camper for living purposes on a private lot during the construction period of a dwelling or building on such lot may be granted by the Ccity Ccouncil on recommendation of the Bbuilding department Department for a period not to exceed six (6) months. An extension of three (3) months may be given such permit by the Ccity Ccouncil upon recommendation of the Bbuilding department Department if the applicant can present sufficient proof, substantiated by the Bbuilding departmentDepartment, that the construction period of the house is necessarily longer than the stipulated six-month period. No further extension may be granted.

B. A fee of three dollars ($3.00) shall be paid for each such temporary permit, and an additional fee of three dollars ($3.00) shall be paid for an extension.
(Ord. 286-78 § 2 (part), 1978: prior code § 4-21)
Chapter 15.32 MOVING BUILDINGS

15.32.010 Permit—Required.

It is unlawful for any person to move any building in the city from one lot or piece of property to another, or from one place to another upon the same lot, or from without the city into the city without first securing a permit to do so from the Ccity Ccouncil.
(Prior code § 5-10)
( Ord. No. 500-19 , § 1, 10-8-2019)
Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

15.32.020 Permit—Information required in application.

All applications for a relocation permit to move any building shall be made in writing to the planning commission of the city on a form furnished by the commission and shall contain the following information:

A. Description of type of building to be moved;
B. Present location of building;
C. Proposed location of building;
D. Present and future use of the building;
E. Route over which such building is to be moved and method to be used in moving the building; F. That information required by Section 3410A of the 2013 CBC as adopted by the city; G. Photographs of the building or structure to be moved and photographs of the buildings on the properties contiguous with the premises onto which the building or structure is to be moved; H. A report from a licensed structural pest-control contractor stating the condition of the building or structure as to decay and pest infestation;
I. Such other information as may reasonably be required in order to carry out the purposes of this section.
(Prior code § 5-11)
( Ord. No. 467-13, § 11, 1-14-2014 )

15.32.030 Permit—Fees—Inspection requirements.

A. Before any application for a relocation permit is accepted, an application fee shall be paid by the applicant to the Bbuilding department Department to cover the cost of investigation and inspection. The application fee shall be twenty-five dollars for any building located within the city. For any building located outside the city the application fee shall be twenty-five dollars ($25.00) plus one dollar ($1.00) for each mile, or fraction thereof, which the building to be moved is located beyond the city limits of the city. This application fee shall be in addition to all other fees required by the city code.

B. Upon acceptance of any application for a relocation permit, the planning commission will cause to be inspected the building or structure proposed to be moved, the district into which the building is to be moved, and the premises onto which the building is to be moved. (Prior code § 5-12)

15.32.040 Permit—Issuance conditions.

A. No permit shall be issued to relocate any building or structure which is so constructed or in such condition as to be dangerous or which is unsanitary; or which, if it be a dwelling or habitation, is unfit for human habitation; or which is so dilapidated, defective, unsightly or in such a condition of deterioration or disrepair that its relocation at the proposed site would cause appreciable harm to or be materially detrimental to the property or improvements in the district into which the building is to be relocated; or if the proposed use is prohibited by any provision of the city code or by any other law or ordinance; provided, however, that if the conditions of the building or structure in the judgment of the Bbuilding Iinspector admits of practicable and effective repair, the permit may be issued on such terms and conditions as the Bbuilding Iinspector may Created: 2023-09-07 11:26:09 [EST]
(Supp. No. 18, Update 2)

deem reasonable and proper, including but not limited to the requirement of changes, alterations, additions or repairs to be made to or upon the building or structure, to the end that the relocation thereof will not be materially detrimental or injurious to public safety or to public welfare or to the property and improvements, or either, in the district into which it is to be moved.

B. The terms and conditions upon which each permit is granted shall be written upon the permit or appended in writing thereto. Such terms and conditions and the relocation bond shall provide for the removal of all concrete, lumber and other debris and the filling of basements, cellars or other excavations remaining from the removal of the building or structure from the premises from which it is moved which such premises are within the city.
(Prior code § 5-13)

15.32.050 Permit—Hearing for review of application—Notice.

The planning commission shall cause to be posted, seven days prior to the date on which application for a permit is to be heard, a notice, in a conspicuous place upon the property to which the building is to be moved, which notice shall contain the following:

A. The date on which the planning commission shall hold a hearing on the application for a permit to move a building;
B. Description of type of building to be moved;
C. Present location of building;
D. Proposed location of building.
(Prior code § 5-14)

15.32.060 Permit—Action by Ccity councilCouncil.

At the time fixed in such notice to be posted as set forth in Section 15.32.050, any person may appear before the planning commission of the city and make objections to the granting of such permit. After hearing the application and all objections, if any, to such application for a permit, the planning commission shall forward to the Ccity council Council the original application, and the planning commission's findings recommending the approval or disapproval of the application. The hearing on such application may be continued from time to time at the planning commission's discretion. On receipt of such recommendation, the city City council Council may in its discretion either grant or deny the application for a permit, and may attach any conditions to such permit deemed necessary by the City c Council.
(Prior code § 5-15)

15.32.070 Permit—Denial when building is defective and not repairable.

If the unlawful, dangerous or defective condition of the building or structure proposed to be relocated is such that remedy or correction cannot practicably and effectively be made, the relocation permit shall be denied. (Prior code § 5-17)
Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

15.32.080 Permit—Bond required.

No relocation permit required by this section shall be issued by the Ccity Ccouncil unless the applicant therefor shall first post with the city a bond executed by the owner of the premises where the building or structure is to be located, as principal, and a surety company authorized to do business in the state, as surety. The bond shall be in form joint and several, shall name the city as obligee and shall be in an amount equal to the cost plus ten percent (10%) of the work required to be done in order to comply with all the conditions of such relocation permit and any other ordinance, rules or regulations of the city, as such cost is estimated by the Bbuilding department Department of the city. In lieu of a surety bond the applicant may post a bond executed by the owner, as principal, and which is secured by a deposit in cash in the amount named above and conditioned as required in the case of a surety bond; such a bond as so secured is hereafter called "cash bond" for the purpose of this section. No bond, except as may be required by Section 15.32.100, need be posted in any case where the Ccity Ccouncil shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover.
(Prior code § 5-18)

15.32.090 Cleanup of premises from which building moved.

When a building or structure is moved from any property located in the city to any other location, the site from which the building is moved shall be cleaned of all concrete, lumber and other debris remaining from the removal of the building and all basements, cellars and other excavations shall be filled. Such works shall be performed by the person moving such building or structure. (Prior code § 5-16)

15.32.100 Additional bond required for damage to public property.

In granting any permit, the City cCouncil may in its discretion require applicant to give a separate and additional bond to the city in an amount to be fixed by the council to insure payment for any damage which applicant may cause to any public property, streets, sidewalks, trees or shrubs in the moving of any building. (Prior code § 5-19)
Chapter 15.36 MECHANICAL CODE

15.36.010 Mechanical code.

Pursuant to provisions of section 50022.2 of the government code of the state of California, the Ccity council Council of the Ccity of Chowchilla does hereby adopt by specific reference thereto and incorporation herein by said reference, the provisions, rules, and regulations specified and set forth in the currently adopted California Mechanical Code, including Appendix Chapters, included in the California Building Standards Code, of the currently adopted California Code of Regulations Title 24, copies of which are on file in the community and economic development department, for public record and inspection. These are adopted by said council by reference as the mechanical code of the Ccity of Chowchilla and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions, and the exceptions as set forth in this chapter. (Ord. 312-80 § 2, 1980: Ord. 306-79 § 3.010, 1979)
Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

(Ord. No. 451-09, § 22, 1-12-2009; Ord. No. 467-13, § 12, 1-14-2014 ; Ord. No. 500-19 , § 1, 10-8-2019) Ord. No. 500-19 , § 1, adopted Oct. 8, 2019, changed the title of § 15.36.010 from "Adopted" to read as herein set out.

15.36.020 Permit fees.

The provision for building permits, fees, schedules, and all matters relating to permits shall be as set forth herein or in the latest resolution of the Ccity Ccouncil establishing a schedule of fees and charges. (Ord. 312-80 § 3, 1980: Ord. 306-79 § 3.020, 1979)
(Ord. No. 451-09, § 23, 1-12-2009; Ord. No. 467-13, § 13, 1-14-2014 )

15.36.030 Violation—Penalty.

A. It shall be unlawful for any person, firm, or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or use or permit the same to be done, contrary to or in violation of any of the provisions of the California Mechanical Code or this chapter. The Bbuilding official Official or his/her authorized representative shall issue a citation for an infraction, unless a determination has been made by the Ccity attorney Attorney that a misdemeanor charge is not appropriate.

B. Except as otherwise provided, a violation of any provision of this chapter is deemed a violation under the provisions of the City of Chowchilla Administration Citation Ordinance (Title 1, Chapter 1).

C. Nothing in this chapter precludes the City of Chowchilla from using any other available methods to enforce provisions of this chapter including, but not limited to, initiation by the Ccity attorney Attorney of any civil or criminal actions.
(Ord. 306-79 § 3.030, 1979)
(Ord. No. 451-09, § 24, 1-12-2009)
Chapter 15.40 UNIFORM HOUSING CODE

15.40.010 Uniform housing code.

A. There is adopted by reference by the council, for the purpose of prescribing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants that certain code identified as the Uniform Housing Code (U.H.C.), 1979 edition, including the appendix, published by the International Conference of Building Officials.

B. A copy of such code has been and is now on file in the office of the city clerkCommunity and Economic Development Department.
(Ord. 312-80 § 4, 1980: Ord. 306-79 § 4.010, 1979)
( Ord. No. 500-19 , § 1, 10-8-2019)
Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

Ord. No. 500-19 , § 1, adopted Oct. 8, 2019, changed the title of § 15.40.010 from "Adopted" to read as herein set out.

15.40.020 Violation—Penalty.

No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. (Ord. 306-79 § 4.020, 1979)
Chapter 15.44 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS

BUILDINGS

15.44.010 Uniform code for the abatement of dangerous buildings.

A. There is adopted by reference by the council, for the purpose of providing a just, equitable and practical method, to be cumulative with and in addition to, any other remedy provided by the Uniform Building Code, 1979 edition, this chapter, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or the occupants, may be required to be repaired, vacated or demolished, the Uniform Code for the Abatement of Dangerous Buildings (U.C.A.D.B.), 1979 edition, published by the International Conference of Building Officials.

B. A copy of such code has been and is now on file in the office of the city clerkCommunity and Economic Development Department.
(Ord. 312-80 § 7, 1980: Ord. 306-79 § 6.010, 1979)
( Ord. No. 500-19 , § 1, 10-8-2019)
Ord. No. 500-19 , § 1, adopted Oct. 8, 2019, changed the title of § 15.44.010 from "Adopted" to read as herein set out.

15.44.020 Violation—Penalty.

No person, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the Bbuilding Iinspector under the provisions of this chapter. (Ord. 306-79 § 6.020, 1979)
Chapter 15.48 PLUMBING

15.48.010 Plumbing Code.

Pursuant to provisions of section 50022.2 of the government code of the state of California, the Ccity council Council of the Ccity of Chowchilla does hereby adopt by specific reference thereto and incorporation herein by said Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

reference, the provisions, rules, and regulations specified and set forth in the 2013 California Plumbing Code, including Appendix Chapters, included in the California Building Standards Code of the currently adopted California Code of Regulations Title 24, copies of which are on file in the community and economic development department, for public record and inspection. These are adopted by said City cCouncil by reference as the plumbing code of the Ccity of Chowchilla and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions, and the exceptions as set forth in this chapter. (Ord. 306-79 § 8.010, 1979)
(Ord. No. 451-09, § 25, 1-12-2009; Ord. No. 467-13, § 14, 1-14-2014 ; Ord. No. 500-19 , § 1, 10-8-2019)

15.48.015 Fees and fee refunds.

A. Delete Appendix Chapter One, Section 103.3—103.5 (Fees and Fee Refunds).

B. Permit fees. The provisions for plumbing permit fees and all matters relating to permits shall be as set forth herein or in the latest resolution of the Ccity Ccouncil establishing a schedule of fees and charges. (Ord. No. 451-09, § 26, 1-12-2009)

15.48.020 Application and scope.

The provisions of the CPC shall apply to all new construction, relocated buildings, and to any alterations, repairs, or reconstruction, except as provided for otherwise in this Code. (Ord. 306-79 § 8.020, 1979)
(Ord. No. 451-09, § 27, 1-12-2009)

15.48.030 Administrative Aauthority.

A. Authority. The administrative Administrative authority Authority and assistants shall carry proper credentials and have the right during reasonable hours, or at any time when extreme danger exists, to enter any building in the discharge of their official duties or for the purpose of making an inspection, reinspection or test of the plumbing installations, devices, fixtures, appliances and equipment contained therein. The administrative Administrative authority Authority shall have the authority to cut or disconnect any such installation, in case of emergency, where necessary to safety of life or property, or where such installations may interfere with the work of firefighting forces. The administrative Administrative authority Authority is authorized to disconnect or order discontinuance or removal of plumbing installations, fixtures, devices, appliances, or equipment found to be dangerous to life or property because they are defective or defectively installed.

B. Duties. The administrative authority shall maintain public office hours necessary to efficiently administer the provisions of this code and amendments thereto and shall perform the following duties:

1. Require submission of, and examine and check plans and specifications, drawings, descriptions, and/or diagrams necessary to show clearly the character, kind and extent of plumbing work covered by application for a permit and upon approval thereof shall issue the permit applied for;

2. Administer and enforce the provisions of this code in a manner consistent with the intent thereof and shall inspect all plumbing and drainage work authorized by any permit to assure compliance with the provisions of this code or amendments thereto, approving or condemning the work in whole or in part as conditions require;
Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

3. Issue upon request a certificate of approval for any work approved by him;

4. Condemn and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this code and amendments thereto;

5. Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this code;

6. Investigate any construction or work regulated by this code and issue such notices and orders as required;

7. Keep a complete record of all the essential transactions of theirhis office. (Ord. 306-79 § 8.030, 1979)

15.48.040 Permits—Generally.

A. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter.

B. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorizes is lawful.

C. The issuance or granting of a permit or approval of plans shall not prevent the administrative Administrative authority Authority from thereafter requiring the correction of errors in the plans and specifications or from preventing construction operations being carried on thereunder when in violation of this chapter or of any other (pertinent) ordinance, or from revoking any certificate of approval when issued in error. (Ord. 306-79 § 8.040, 1979)

15.48.050 Permit—Application and fees.

A. Every applicant for a permit to do work regulated by this code shall state in writing on the application form provided for that purpose, the character of work proposed to be done and the amount and kind of connection therewith, together with such information, pertinent thereto as may be required.

B. Such applicant shall pay for each permit issued, at the time of issuance, a fee in accordance with and as set forth by resolution adopted by the Ccity Ccouncil.

C. Any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the administrative Administrative authority Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as provided in this section shall be charged.

D. For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures, gas systems, water heaters, etc., involved.

Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

E. No fixture or water heater fee shall be charged for those fixtures and water heaters installed at the factory when the structure has been manufactured in accordance with the State of California Factory-Built Housing Law.
(Ord. 306-79 § 8.050, 1979)

15.48.060 Reinspections.

A. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete.

B. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

C. Reinspection fees may be assessed when it is apparent that the inspector is being used to provide supervision of the work rather than for the performance of theirhis proper inspection duties.

D. Reinspection fees may be assessed when the permit card is not properly posted on the work site or the approved plans are not readily available to the inspector.

E. To obtain a reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose, and pay the reinspection fee in accordance with the schedule of fees.

F. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
(Ord. 306-79 § 8.060, 1979)

15.48.070 Violation—Penalty.

A. It shall be unlawful for any person, firm, or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or use or permit the same to be done, contrary to or in violation of any of the provisions of the California Plumbing Code or this chapter. The Bbuilding official Official or his/her authorized representative shall issue a citation for an infraction, unless a determination has been made by the Ccity attorney Attorney that a misdemeanor charge is not appropriate.

B. Except as otherwise provided, a violation of any provision of this chapter is deemed a violation under the provisions of the City of Chowchilla Administration Citation Ordinance (Title 1, Chapter 1).

C. Nothing in this chapter precludes the City of Chowchilla from using any other available methods to enforce provisions of this chapter including, but not limited to, initiation by the Ccity attorney Attorney of any civil or criminal actions.
(Ord. No. 451-09, § 28, 1-12-2009)
Chapter 15.50 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REVIEW

PROCESS
Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

15.50.010 Purpose.

The purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop Ssolar energy Energy systemsSystems. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install Ssolar energy Energy systemsSystems. This chapter allows the city to achieve these goals while protecting the public health and safety. ( Ord. No. 474-15 , § 1, 7-14-2015)

15.50.020 Definitions.

A. A "solar energy Energy systemSystem" means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

B. A "small Small residential Residential rooftop Rooftop Ssolar energy Energy systemSystem" means all of the following:

1. A solar Solar energy Energy system System that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

2. A solar Solar energy Energy system System that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the [city, county, or city and county] and all state and [city, county, or city and county] health and safety standards.

3. A solar Solar energy Energy sSystem that is installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the [city, county, or city and county].

C. "Electronic submittalSubmittal" means the utilization of one or more of the following:

1. Email;

2. The internet;

3. Facsimile.

D. An "associationAssociation" means a nonprofit corporation or unincorporated association created for the purpose of managing a Ccommon interest Interest developmentDevelopment.

E. A "common Common Iinterest developmentDevelopment" means any of the following:

1. A community apartment project.

2. A condominium project.

3. A planned development.

4. A stock cooperative.

Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

F. "Specific, adverse Adverse impactImpact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

G. "Reasonable restrictionsRestrictions" on a Ssolar energy Energy system System are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

H. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means:

1. For Water Heater Systems or Solar Swimming Pool Heating Systems: an amount exceeding ten percent (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the Ssolar energy Energy system System by an amount exceeding ten percent, as originally specified and proposed.

2. For Photovoltaic Systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent (10%) as originally specified and proposed. ( Ord. No. 474-15 , § 1, 7-14-2015)

15.50.030 Applicability of chapter provisions.

A. This chapter applies to the permitting of all small residential rooftop Ssolar energy Energy systems Systems in the city.

B. Small residential Residential rooftop Rooftop solar Solar energy Energy systems Systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. ( Ord. No. 474-15 , § 1, 7-14-2015)

15.50.040 Solar energy Energy system System requirements.

A. All solar Solar energy Energy systems Systems shall meet applicable health and safety standards and requirements imposed by the state of California, Ccity of Chowchilla, local fire department, and local utility districts.

B. Solar energy Energy systems Systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

C. Solar energy Energy systems Systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability. ( Ord. No. 474-15 , § 1, 7-14-2015)
Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

15.50.050 Building official duties.

A. All documents required for the submission of an expedited solar Solar energy Energy system System application shall be made available on the city's internet site.

B. Electronic submittal Submittal of the required permit application and documents by email, the internet, or facsimile shall be made available to all small residential rooftop solar Solar energy Energy system System permit applicants.

C. Upon the city's acquisition of the technology to accept electronic signatures, an applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

D. The city shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar Solar energy Energy systems Systems shall comply to be eligible for expedited review.

E. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the governor's office of planning and research.

F. All fees prescribed for the permitting of small residential rooftop solar Solar energy Energy system System must comply with Government Code Section 65850.55, Government Code Section 66015, Government Code Section 66016, and State Health and Safety Code Section 17951. ( Ord. No. 474-15 , § 1, 7-14-2015)

15.50.060 Permit review and inspection requirements.

A. Prior to September 30, 2015, the city shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar Solar energy Energy systemsSystems. The city's Bbuilding department Department shall issue a building permit or other nondiscretionary permit within three (3) business days of receipt of a complete application that meets the requirements of the approved checklist and standard plan. A Bbuilding official Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar Solar energy Energy system System could have a Sspecific, adverse Adverse impact Impact upon the public health and safety. Such decisions may be appealed to the city's planning commission.

B. Review of the application shall be limited to the building Building official's Official's review of whether the application meets local, state, and federal health and safety requirements.

C. If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a sSpecific, adverse Adverse impact Impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the city's planning commission.

D. Any condition imposed on an application shall be designed to mitigate the Sspecific, adverse Adverse impact Impact upon health and safety at the lowest possible cost.

E. "A feasible method to satisfactorily mitigate or avoid the Sspecific, Aadverse Iimpact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of California Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

Civil Code section 714, subdivision (1) subparagraphs (A) and (B) defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

F. The city shall not condition approval of an application on the approval of an aAssociation, as defined in California Civil Code section 4080.

G. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

H. Only one inspection shall be required and performed by the city for small residential rooftop Ssolar energy Energy systems Systems eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a two-hour inspection window.

J. If a small residential rooftop solar Solar energy Energy system System fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter. ( Ord. No. 474-15 , § 1, 7-14-2015)
Chapter 15.60 FLOODPLAIN MANAGEMENT

15.60.010 Title.

These regulations, in combination with the flood provisions of the 2013 California Code of Regulations Title 24 (California Building Standards Code) (hereinafter "building codes," consisting of the Building Code, Residential Code, Existing Building Code, and related codes) and Appendix G of the Building Code (hereinafter "Appendix G"), shall be known as the Floodplain Management Regulations of City of Chowchilla (hereinafter "these regulations"). ( Ord. No. 498-19 , § 1, 5-28-2019)

15.60.020 Statutory authorization.

The legislature of the state of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, in addition to the adoption of Appendix "G" - Flood Resistant Construction, of the International Building Code in the cCity of Chowchilla Building Code, dated December 10, 2013, the Ccity Ccouncil of the Ccity of Chowchilla does hereby adopt the following programmatic floodplain management requirements.
( Ord. No. 498-19 , § 2, 5-28-2019)

15.60.030 Purpose.

The purposes of these regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

1. Prevent unnecessary disruption of commerce, access and public service during times of flooding;

2. Manage the alteration of natural floodplains, stream channels and shorelines; Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

3. Manage filling, grading, dredging and other development which may increase flood damage or erosion potential;

4. Prevent or regulate the construction of flood barriers which will divert floodwaters or which can increase flood hazards; and

5. Contribute to improved construction techniques in the floodplain. ( Ord. No. 498-19 , § 3, 5-28-2019)

15.60.040 Objectives.

The objectives of these regulations are to protect human life, minimize the expenditure of public money for flood control projects, minimize the need for rescue and relief efforts associated with flooding, minimize prolonged business interruption, minimize damage to public facilities and utilities, help maintain a stable tax base by providing for the sound use and development of floodprone areas, contribute to improved construction techniques in the floodplain and ensure that potential owners and occupants are notified that property is within flood hazard areas.
( Ord. No. 498-19 , § 4, 5-28-2019)

15.60.050 Coordination with building codes.

Pursuant to the requirement established in Chapter 15.06 of the city municipal code that the Ccity of Chowchilla administer and enforce the state building codes, the cCity council Council of Ccity of Chowchilla does hereby acknowledge that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.
( Ord. No. 498-19 , § 5, 5-28-2019)

15.60.060 Scope.

The provisions of these regulations, in combination with the flood provisions of the building codes shall apply to all proposed development in flood hazard areas established in Section 17.32.260, applicability, of these regulations.
( Ord. No. 498-19 , § 6, 5-28-2019)

15.60.070 Warning.

The degree of flood protection required by these regulations and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur.

Flood heights may be increased by manmade or natural causes. Enforcement of these regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. ( Ord. No. 498-19 , § 7, 5-28-2019)
Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

15.60.080 Other laws.

The provisions of these regulations shall not be deemed to nullify any provisions of local, state or federal law. ( Ord. No. 498-19 , § 8, 5-28-2019)

15.60.090 Applicability.

These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and repair, reconstruction, rehabilitation or additions to new construction; substantial improvement of existing buildings and structures, including restoration after damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the building codes; and other buildings and development activities. ( Ord. No. 498-19 , § 9, 5-28-2019)

15.60.100 Definitions.

The following words and terms shall, for the purposes of these regulations, have the meanings shown herein.

Other terms are defined in the building code or Appendix G and used in the residential code. "Alteration of a watercourse" means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
"Development" means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, operations and other land-disturbing activities. "Encroachment" means the placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. "Floodplain administrator" is the community official designated by title to administer and enforce the floodplain management regulations.
"Severability" means if any section, subsection, sentence, clause, or phrase of these regulations is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared. "Watercourse" means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.
( Ord. No. 498-19 , § 10, 5-28-2019)

15.60.110 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the "Flood Insurance Study (FIS) for Madera County, California, Unincorporated Areas" dated August 4, 1987, with accompanying flood insurance rate maps (FIRM's) and flood boundary and floodway maps (FBFM's), dated August 4, 1987 and November 15, 1977 respectively, and all subsequent amendments and/or revisions, are hereby Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the Ccity of Chowchilla City Council by the floodplain administrator. The study, FIRM's and FBFM's are on file at the Ccity of Chowchilla City Hall, Department of Public Works 130 S. 2nd Street, Chowchilla, CA 93610. ( Ord. No. 498-19 , § 11, 5-28-2019)

15.60.120 Designation of the floodplain administrator.

The public works director is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accord with its provisions. ( Ord. No. 498-19 , § 12, 5-28-2019)

15.60.130 Duties and responsibilities of the floodplain administrator.

The floodplain administrator is authorized and directed to administer the provisions of these regulations. The floodplain administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code.

Coordination. The floodplain administrator shall coordinate with the Bbuilding official Official to administer and enforce the flood provisions of the building code, including Appendix G.

Duties. The duties of the floodplain administrator shall include but are not limited to:

A. Permit Review.

1. Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 15.60.110 of these regulations.

2. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

3. Interpret flood hazard area boundaries, provide available flood elevation, and flood hazard information.

4. Determine whether additional flood hazard data shall be obtained or developed.

5. When base flood elevation data has not been provided, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source.

6. All letters of map revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

7. Review requests submitted to the Bbuilding official Official that seek approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Appendix G.

8. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

insurance rate maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

9. Require applicants who propose alteration of a watercourse to notify adjacent community and the NFIP state coordinating agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

10. Inspect development within the scope of Appendix G, if delegated by the Bbuilding officialOfficial, and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

11. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

12. Notify the Federal Emergency Management Agency in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

B. Other Permits. It shall be the responsibility of the floodplain administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development.

C. Substantial Improvement and Substantial Damage Determinations. The floodplain administrator, in coordination with the Bbuilding officialOfficial, shall prepare and implement written procedures for administering and documenting determinations of substantial improvement and substantial damage for applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures.

D. Department Records. In addition to the requirements of the building code and Appendix G, and regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including flood insurance rate maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the floodcarrying capacity of altered waterways will be maintained; documentation related to variances, including justification for their issuance; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes. ( Ord. No. 498-19 , § 13, 5-28-2019)

15.60.140 Standards for subdivisions and other proposed development.

All new subdivision proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall:

1. Identify the special flood hazard areas (SFHA) and base flood elevations (BFE).

2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.

Created: 2023-09-07 11:26:10 [EST]
(Supp. No. 18, Update 2)

3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a letter of map revision based on fill (LOMR-F) to the floodplain administrator:
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
( Ord. No. 498-19 , § 14, 5-28-2019)

15.60.150 Documentation of floodplain development.

Obtain and maintain for public inspection and make available as needed the following:

1. Certification required for lowest floor elevations of residential structures;

2. Certification required for elevation or floodproofing of nonresidential structures;

3. Certification required for elevation for subdivisions and other proposed development standards; and

4. Certification required for floodway encroachments.
( Ord. No. 498-19 , § 15, 5-28-2019)

REPORT TO THE CITY COUNCIL
Item 4.5

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Public Hearing
SUBJECT: Introduction of an Ordinance to Approve Development Agreement 23-0174 for the Sessions Vesting Tentative Subdivision Map No. 17-0006 PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: 1. Ordinance

2. Development Agreement

3. Notice of Exemption

4. Public Hearing Notice

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

The Planning Commission at their October 18, 2023, meeting, voted unanimously that the City Council approve Development Agreement 23-0174 for the Session Tentative Subdivision Map (TSM) 17-0006 located on APNs 001-410-005 in Chowchilla, CA.

BACKGROUND:

The TSM was originally approved by the Chowchilla City Council on March 26, 2019. The Project is a residential development known as Session TSM which consists of 203 residential lots. Since the TSM was approved by City Council the project’s Developer listed the project for sale searching for a qualified builder. Some of the terms identified within the development agreement includes three 5-year agreement terms, sets the costs per unit for development impact fees, establishes the reimbursement percentages for various city improvements along Washington Boulevard, to list a couple items. Over the course of the past couple months, the City, Developer, and Builder have agreed to all the terms identified within the agreement.

Per section 17.64.080 of the Chowchilla Subdivision Ordinance, the Planning Commission was required to make a finding as to whether the proposed development agreement is consistent with the General Plan.

During the October 18, 2023 meeting, the commissioners was able to make this required finding recommending the Development to the City Council for consideration.

GENERAL PLAN/ZONING ANALYSIS
The Project site is zoned Medium-Density Residential (R-M-5) with a conforming General Plan designation of Medium Density Residential (MDR) for the Project site. The proposed Development Agreement would provide a framework for the future development of the Sessions TSM project, thereby making it consistent with the General Plan designation.

ENVIRONMENTAL REVIEW ANALYSIS:

The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). A Mitigated Negative Declaration was previously prepared for the original Sessions TSM project and was approved by the Chowchilla City Council on March 26, 2019. The Development Agreement has been reviewed for conformance with CEQA guidelines, and in accordance with the common-sense exemption to CEQA (14 CCR § 15061(b)(3)), it has been determined that no additional analysis is required beyond a Notice of Exemption.

REASON FOR RECOMMENDATION:

At their October 18, 2023 meeting, the Chowchilla Planning Commission carefully considered the staff report, staff recommendation, and all oral and written evidence presented during the public hearing, and voted to recommend that the City Council approve this item.

FISCAL IMPACT:

None.

ALTERNATIVES:

1. Deny Development Agreement 22-0009.

2. Direct staff to work with the Applicant to make specific changes to the Development Agreement prior to bringing it back to the City Council for reconsideration.

ACTIONS FOLLOWING APPROVAL:

1. If approved, staff will file the Notice of Exemption in order to comply with CEQA guideline requirements.

2. The city shall file for and record with the county recorder a copy of the agreement which shall describe the land subject thereto (Muni Code section 17.64.120).

ORDINANCE # 516-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT 23-0174 FOR SESSION TENTATIVE SUBDIVISION MAP
WHEREAS, a Development Agreement application has been submitted by John Sessions for the Sessions Tentative Subdivision Map (TSM) Project located at APNs 001-410-005 in Chowchilla, CA; and, WHEREAS, the Sessions TSM was originally approved by the Chowchilla City Council on March 26, 2019; and,
WHEREAS, the Development Agreement was found to be consistent with the City’s General Plan; and,
WHEREAS, among other items, the Development Agreement would set forth a 5-year agreement term; and,
WHEREAS, the Sessions TSM was originally included as part of the Annexation One Mitigated Negative Declaration analysis and the Development Agreement was analyzed under CEQA guidelines where it was determined no additional CEQA analysis would be required; and, WHEREAS, at their October 18, 2023 Meeting, the Chowchilla Planning Commission voted unanimously to recommend that the City Council approve this Development Agreement; and, WHEREAS, this public hearing was duly noticed for the November 14, 2023 City Council meeting; and,
WHEREAS, the City Council has carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing; and, WHEREAS, the City Council was able to make all of the findings required to be made as identified in section 17.64.100 of the City’s Municipal Code in order to adopt an ordinance approving a Development Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHOWCHILLA DOES ORDAIN AS FOLLOWS:

Section 1. Development Agreement 23-0174 is approved for the Sessions Tentative Subdivision Map in the City of Chowchilla, County of Madera, State of California, to wit:

DEVELOPMENT AGREEMENT:

See the attached Exhibit A.

To approve Development Agreement 23-0174 for the Sessions Tentative Subdivision Map.

Section 2. No later than ten calendar days after the city enters into a development agreement, the City shall file for and record with the county recorder a copy of the agreement which shall describe the land subject thereto.

PROVED, PASSED, and ADOPTED this ___ day of __________, 2023.

APPROVED:
________________________
Mayor Ray Barragan
ATTEST:
_______________________
Joann McClendon, CMC
City Clerk
EXHIBIT A – Development Agreement

CITY RECORDING REQUESTED BY:

City Clerk
City of Chowchilla
130 South 2nd Street
Chowchilla, CA 93610

AND WHEN RECORDED MAIL TO
City Clerk
City of Chowchilla
130 South 2nd Street
Chowchilla, CA 93610
NO FEE – Government Code Sections 6103
and 27383
Space above this line for Recorder’s use
APN: 001-410-005-000

DEVELOPMENT AGREEMENT

BY AND BETWEEN THE

CITY OF CHOWCHILLA
AND

CENTURY COMMUNITIES OF CALIFORNIA, LLC

RELATING TO THE

LONE OAK RESIDENTIAL DEVELOPMENT
Approved by Ordinance No. _______
____________, 2023
This Document--including its Table of Contents, cover pages for Exhibits A and B, and Exhibits A and B--totals 48 pages.

Table of Contents
RECITALS ..............................................................................................................4 TERMS AND CONDITIONS .................................................................................6 ARTICLE 1, GENREAL PROVISIONS ................................................................6 Section 1.1. The Project ...........................................................................................6 Section 1.2. Subject Property...................................................................................6 Section 1.3. Definitions ...........................................................................................6 Section 1.4. Exhibits................................................................................................7 Section 1.5. Incorporation of Recitals .....................................................................7 Section 1.6. Parties to Agreement............................................................................7 Section 1.7. Project is a Private Undertaking ..........................................................8 Section 1.8. Term of Agreement..............................................................................8 Section 1.9. Priority of Enactment...........................................................................9 Section 1.10. Assignment and Assumption .............................................................9 Section 1.11. Covenants Running With the Land....................................................9 Section 1.12. Amendment to Agreement...............................................................10 Section 1.13. Reserved Discretionary Approvals....................................................10 ARTICLE 2, PROJECT DEVELOPMENT..........................................................10 Section 2.1. Vested Rights of Developer...............................................................10 Section 2.2. Future Entitlements............................................................................11 Section 2.3 Developer Fees, Bonds, Securities .....................................................11 Section 2.4 Insurance Requirements......................................................................12 Section 2.5. Permitted Uses and Development Standards.....................................12 Section 2.6. Amendments......................................................................................13 Section 2.7. No Conflicting Enactments................................................................13 Section 2.8. Changes to Existing Land Use Regulations.......................................14 Section 2.9. Application, Processing and Inspection Fees ....................................14 Section 2.10. Timing of Development ...................................................................14 Section 2.11. Obligation and Rights of Mortgage Lenders.....................................15 ARTICLE 3, PROJECT ENTITLEMENTS AND PERMIT PROCESSING.......15 Section 3.1. City Approvals...................................................................................15 Section 3.2. Duty to Grant and Implement............................................................15 Section 3.3. Timely Processing .............................................................................15 Section 3.4. Development Impact Fees .................................................................16 Section 3.5. Deferred Improvements......................................................................16

Section 3.6. Other Fees..........................................................................................17 Section 3.7. Acquisition of Real Property Interests for Public Improvements.......17 Section 3.8. Dedications........................................................................................18 Section 3.9. Reimbursements for Oversizing ........................................................18 Section 3.9.1. Non-Reimbursable Off-Site Improvements Required 23 ARTICLE 4, DEFAULT .......................................................................................21 Section 4.1. General Provisions.............................................................................21 Section 4.2. Annual Review ..................................................................................22 Section 4.3. Estoppel Certificates..........................................................................22 Section 4.4. Developer Default Limited to Property/Entity; Separate Obligations of Owners...............................................................................................................22 Section 4.5. Default by City. ..................................................................................22 Section 4.6. Cumulative Remedies of Parties........................................................22 Section 4.7. Forced Delay, Extension of Times of Performance............................22 ARTICLE 5, TERMINATION..............................................................................23 Section 5.1. Termination Upon Completion of Development...............................23 Section 5.2. Effect Upon Termination on Developer Obligations.........................23 Section 5.3. Effect Upon Termination on City......................................................23 ARTICLE 6, STANDARD PROVISIONS ...........................................................23 Section 6.1. Notices...............................................................................................23 Section 6.2. Recordation of Agreement.................................................................23 Section 6.3. Applicable Law..................................................................................24 Section 6.4. Invalidity of Agreement/Severability ................................................24 Section 6.5. Third Party Legal Challenge..............................................................24 Section 6.6. Covenant of Good Faith and Fair Dealing.........................................24 Section 6.7. Cooperation in Project Implementation.............................................25 Section 6.8. Standard Terms and Conditions.........................................................25 Exhibit A – Tentative Subdivision Map 17-0006
Exhibit B – City Council Resolution No. 24-19 and Tentative Subdivision Map 17-0006 Conditions of Approval
Exhibit C - Development Impact Fees, Quimby Act Fees, & Storm Drainage Impact Fees

DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF CHOWCHILLA AND CENTURY COMMUNITIES OF

CALIFORNIA, LLC RELATING TO THE

RESIDENTIAL AND COMMERICAL DEVELOPMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”), dated ___________, 2023, is made and entered into by and between the CITY OF CHOWCHILLA, a political subdivision of the State of California (the “City”), and CENTURY COMMUNTIES OF CALIFORNIA, LLC, a Delaware limited liability company (the “Developer”), pursuant to the authority of California Government Code Title 7, Division 1, Chapter 4, Article 2.5, Sections 65864 et seq. regarding Development Agreements. This Agreement is entered into with reference to the following facts:

RECITALS

1. In order to strengthen the public land use planning process, to encourage private participation in the process, to reduce the economic risk of development and to reduce the waste of resources, the Legislature adopted the “Development Agreement Law” (California Government Code Sections 65864 et seq.).

2. The Development Agreement Law permits cities and counties to contract with private interests for their mutual benefit in a manner not otherwise available to the contracting parties. Such agreements, as authorized by the Development Agreement Law, can assure property developers they may proceed with projects assured that approvals granted by public agencies will not change during the period of development of their projects. Cities and counties are equally assured that costly infrastructure such as roads, sewers, schools, fire protection facilities, and other public facilities will be available at the time development projects come on line.

3. Pursuant to the Development Agreement Law, City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements on December 11, 2018 by Ordinance 492-18. This Ordinance is codified at Chowchilla Municipal Code section 17.64.

4. Developer has a legal or equitable interest in the Subject Property (as defined herein).

5. Developer desires to develop the Subject Property as the Lone Oak project consistent with the Municipal Code and the following entitlements, permits, approvals and actions that have been approved by the City Council of the City of Chowchilla (the “City Council”), referred to collectively as “Current Project Entitlements:” (a) Tentative Subdivision Map 17-0006 was previously approved by the City Council with its adoption of Resolution No. 24-19 on March 26, 2019. A copy of Tentative Subdivision Map 17-0006 is attached hereto as Exhibit A and incorporated herein by reference (the “Tentative Subdivision Map”);

(b) The Conditions of Approval applicable to Tentative Subdivision Map 17-0006 are attached to City Council Resolution No. 24-19, a copy of which is attached hereto as Exhibit B and incorporated herein by reference (“Conditions of Approval”); and
(c) The existing zoning for the Subject Property.

6. The Final Map for Subdivision 22-0010, Lone Oak, was approved by City Council Resolution No. 80-22 on September 27, 2022.

7. The Planning Commission of the City of Chowchilla, serving as City’s planning agency for the purpose of development agreements, reviewed this Agreement pursuant to Government Code Section 65867 and adopted Ordinance No. ________ recommending approval of this Agreement to the City Council.

8. The City Council, having received Developer’s application and the Planning Commission’s recommendation, and having held duly noticed public hearings on this Agreement, has found and determined as follows:
(a) This Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan;
(b) This Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Property is located; (c) This Agreement is in conformity with public convenience, general welfare and good land use practice;
(d) This Agreement will not be detrimental to the health, safety and general welfare; and
(e) This Agreement will not adversely affect the orderly development of property or the preservation of property values.

9. The City Council has additionally found that the construction, completion and operation of the Project, pursuant to the terms of this Agreement, are in the vital and best interest of City and the health, safety, and welfare of its residents, and will serve the public purpose of economic development in City and that due to the large scope of the Project, estimated length of time for full Project build out, and unforeseeable future market conditions, Developer desires this Agreement, which will impact multiple aspects of the Project, in order to ensure the Project is financially viable and marketable now and in the future.

10. All procedures of the California Environmental Quality Act (“CEQA”) have been met with respect to the Project and this Agreement.

11. The parties have, in good faith, negotiated the terms of this Agreement, and desire to enter into this Agreement pursuant to the terms and legislative purpose of the

Development Agreement Law, as set forth above, to ensure the mutually desirable development of the Subject Property.

TERMS AND CONTITIONS
NOW, THEREFORE, the parties hereto agree as follows:

ARTICLE 1

GENERAL PROVISIONS
Section 1.1. The Project. The Project is a residential development known as Lone Oak which presently has 203 residential lots and specified outlots approved pursuant to the Tentative Subdivision Map.

Section 1.2. Subject Property. The Project is located on the Subject Property.

Section 1.3. Definitions. As used in the Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section 1.3. (a) “Adopting Ordinance” means Ordinance Number _________ entitled: “An Ordinance of the City Council Approving Development Agreement _________ for the Lone Oak Tentative Subdivision Map 17-0006”, dated and effective _______________, 2023, approving this Agreement entitled: “Development Agreement by and Between the City of Chowchilla and Century Communities of California, LLC Relating to the Lone Oak Residential Development” as required by California Government Code Section 65867.5.
(b) “CEQA” means the California Environmental Quality Act, Sections 21000 et seq. of the Public Resources Code of the State of California. (c) “Certificate of Occupancy” means either a certificate issued after inspections by City authorizing a person or persons in possession of property to dwell or otherwise use a specified building or dwelling unit, or the final inspection if a formal certificate is not issued.
(d) “Collective Standards” means this Agreement, the Current Project Entitlements and the Existing Land Use Regulations.
(e) “City” means the City of Chowchilla, as administered by the City Council, or its designee.
(f) “Current Project Entitlements” mean, and shall be limited to, those approvals set forth in Recital 5.
(g) “Developer” means Century Communities of California, LLC, a Delaware limited liability company or its successor in interest. (h) “Director” means the City Administrator for the City of Chowchilla.

(i) “Effective Date” means the effective date of the Adopting Ordinance.
(j) “Existing Land Use Regulations” meansthe ordinances, resolutions and regulations adopted by City in effect on the Effective Date including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, the timing of development, the design, improvement, and construction standards and specifications applicable to the development of the Subject Property, including, but not limited to, the General Plan, the zoning ordinance and all other ordinances, codes, rules and regulations of City establishing subdivision standards, park regulations, impact or development fees, building standards and road and infrastructure improvement standards. (k) “General Plan” means the General Plan of City, including the text and maps, in effect upon the Effective Date in connection with the Project. (l) “Landowner” means a party other than Developer who holds fee title to all or any portion of the Subject Property that is subject to the terms and conditions of the Agreement.
(m) “Project” means the anticipated development of the Subject Property as specified in Section 1.1 of this Agreement. (n) “Project Entitlements” means Current Project Entitlements and Future Entitlements as defined herein. Project Entitlements shall remain in effect as set forth in Section 1.8 of this Agreement.
(o) “Subject Property” means that certain parcel of real property located in the City of Chowchilla and County of Madera and identified as Assessor’s Parcel Number 001-410-005-000, which is legally described on Exhibit A (the "Subject Property").

Section 1.4. Exhibits. Exhibits to this Agreement are as follows:
(a) Exhibit A, Tentative Subdivision Map.
(b) Exhibit B, Tentative Subdivision Map 17-0006 Conditions of Approval.

Section 1.5. Incorporation of Recitals. Recitals 1 through 11 are incorporated herein, including all exhibits referred to in said Recitals. In the event of inconsistency between the Recitals and the provisions of Articles 1 through 6 of this Agreement, the provisions of Articles 1 through 6 shall prevail.

Section 1.6. Parties to Agreement. The parties to this Agreement are:
(a) City. The City of Chowchilla is a municipal corporation formed under the laws of the State of California exercising general governmental functions and

power. The principal office of City is set forth below. Notices and other communications may be sent to City addressed as follows:

City of Chowchilla
Civic Center Plaza
130 S. Second Street
Chowchilla, CA 93610
Attention: Rod Pruett, City Administrator
Email: [email protected]
With a copy to:

City Attorney for the City of Chowchilla
Mary Lerner, Esq.
7404 North Spalding Avenue
Fresno, CA 93720-3370
Email: [email protected]
(b) Developer. Century Communities of California, LLC, which has a legal interest in the Subject Property and whose principal office for the purpose of this Agreement is set forth below. Notices and other communications may be sent to Developer addressed as follows:

Century Communities of California, LLC
7330 North Palm Avenue, Suite 106
Fresno, CA 93711
Attention: W. Allen Bennett
Email: [email protected]
With a copy to:

Century Communities of California, LLC
7330 North Palm Avenue, Suite 106
Fresno, CA 93711
Attention: Holly Traube Cordova, Esq.

Email: [email protected]
Section 1.7. Project is a Private Undertaking. It is agreed between the parties that the Project is a private development and that City has no interest therein except as authorized in the exercise of its governmental functions. Nothing in this Agreement shall preclude Developer from forming any form of private investment entity for the purpose of completing any portion of the Project.

Section 1.8. Term of Agreement. This Agreement shall commence upon the Effective Date and shall continue in effect for ten (10) years from the Effective Date unless extended or terminated as provided herein. This Agreement may be extended for an additional five (5) years by mutual agreement of City and Developer. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall

have no force and effect, subject however, to post-termination obligations of Developer. In the event of a legal challenge to the Project Entitlements, the term shall be automatically extended by the period of time required to obtain final adjudication of the legal challenge.

Section 1.9. Priority of Enactment. In the event of conflict between the Agreement, the Project Entitlements and the Existing Land Use Regulations, the parties agree that the following sequence of approvals establishes the relative priority of the approvals, each approval superior to the approvals listed thereafter: (1) the Agreement; (2) the Project Entitlements; and (3) the Existing Land Use Regulations.

Section 1.10. Assignment and Assumption. Developer shall have the right to sell, assign or transfer this Agreement, either partially or in its entirety, together with all or some of the rights, title and interests therein to any person, firm or corporation at any time during the term of this Agreement with proper noticing to City and amendment procedures pursuant to applicable provisions of this Agreement. In the event of such sale, assignment or transfer, all duties, responsibilities and obligations of Developer in connection with the portions of the Property so sold, assigned or transferred shall be assumed by the buyer, assignee or transferee. The conditions and covenants set forth in this Agreement including the exhibits incorporated herein shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The right to sell, assign or transfer the rights and obligations under this Agreement is subject to approval by the City Administrator, which approval shall not be unreasonably withheld. If such approval is not granted, the disapproval shall be based on written objective standards. The City Administrator may condition his approval on the express written assumption by such purchaser, assignee or transferee of the obligations and other terms and conditions of this Agreement with respect to the Subject Property or such portion thereof sold, assigned or transferred, subject to the City Attorney’s approval of the purchaser, assignee or transferee, which approval shall not be unreasonably withheld. Any assumption by a purchaser, assignee or transferee shall relieve Developer assigning or transferring such interest of such obligations so expressly assumed. The preceding sentence shall not relieve transferor of its obligations under this Agreement following transfer of the Subject Property for any acts or omissions of transferor before such transfer. A default by any purchaser, assignee or transferee shall only affect that portion of the Subject Property owned by such transferee and shall not cancel or diminish in any way any rights hereunder with respect to any portion of the Subject Property not owned by such purchaser, assignee or transferee. The purchaser, assignee or transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Subject Property owned by such purchaser, assignee or transferee, and any amendment to this Agreement between City and a purchaser, assignee or transferee shall only affect the portion of the Subject Property owned by such transferee.

Section 1.11. Covenants Running With the Land. Each and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of Developer contained in this Agreement, as such duties and obligations pertain to the portion of the