Agenda — Chowchilla City Council, November 28, 2023

AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, November 28, 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
OPEN SESSION – 4:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION:

CLOSED SESSION REPORT:

PRESENTATIONS/WORKSHOP - Section 1

1.1 Presentation of the new Fire Engine, Fire Chief Gaumnitz City Council Meeting AGENDA November 28, 2023

PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.

It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda. 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 November 14, 2023 City Council Meeting Minutes (McClendon)

3.2 Consideration and Acceptance of the October 2023 Financials (Williams)

3.3 Adoption of an Ordinance of the City Council of the City of Chowchilla Approving Development Agreement 23-0174 for the Sessions Vesting Tentative Subdivision Map No. 17-0006 (Hamilton)

3.4 Adoption 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)

3.5 Consideration and Adoption of a City Council Resolution Approving a Retainer Agreement with Roe Frazer of Frazer Law, PLC, and Ventura Law to Represent the City on Potential Litigation Regarding the Presence of Polyflouralkyl Substances, Including, but not Limited to, PFOA and/or PFAS, in Drinking Water, Wastewater, and Soil in the Property of the City (Rogers)

3.6 Consideration and Adoption of a City Council Resolution Authorizing the Annual Renewal for Grant Management Requirements, Submittal of Related Authorizations of California Department of Resources Recycling and Recovery Grant Programs, and Authorizing the City Administrator or Designee to Sign all Related Documents Thereto (Rogers)
City Council Meeting AGENDA November 28, 2023
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution Awarding the Contract for the Urban Runoff Management Project for $2,811,990.00 and Authorizing the City Administrator or Designee to Execute Related Documents (Rogers) ANNOUNCEMENTS – Section 7
DEC 2 HOMETOWN LIGHTED CHRISTMAS PARADE & TREE LIGHTING CEREMONY, VETERANS PARK, 5-8:30PM
DEC 12 CITY COUNCIL MEETING, CITY HALL, 4PM

ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 21st day of 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
Use the following url to start Zoom:
https://us06web.zoom.us/j/88492981217?pwd=0RHN9Iv7ABhJTnCJE_UvlUkgwxVXqg.nSDadQxhtLjIFczb Passcode: 174 711
---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-669-444-9171
Webinar ID: 884 9298 1217
Passcode: 174 711
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and to make sure you have optimal internet connection.

Options to participate / view / and listen to the meeting:
• If you wish to speak on an item using the Zoom platform on your computer/laptop or smart phone, please use the “raise hand” icon and you will be unmuted when it is your turn to speak. Please provide your name when unmuted. You will be able to speak to the Council for up to 3 minutes.
• If you are calling in to the meeting only (no camera/video) and you wish to make a comment, press *9 to “raise your hand” and *6 to unmute yourself.

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, November 14, 2023
Closed Session: 3:00 p.m. ~ Open Session: 4:00 p.m.

CALL TO ORDER/ROLL CALL: 3:06 PM
Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Chief Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Community & Economic Development Director Mark Hamilton, Finance Director Kerri Williams, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT 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 unanimously by roll call vote.

PUBLIC ADDRESS – CLOSED SESSION
None.

CLOSED SESSION – 3:08 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
OPEN SESSION – 4:02 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Richard Walker
City Council Meeting MINUTES November 14, 2023
CLOSED SESSION REPORT: Nothing to 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
No one spoke.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Troost attended the Veterans Day Memorial ceremony at Veterans Memorial Park.

Mayor Pro Tem Smith, Council Members Troost Ahmed attended the Veterans Day Memorial ceremony at the park.

Council Member Ahmed attended the Veterans Day ceremony; Chowchilla Rotary Club dinner; the Chowchilla Economic Development event that was well attended; a Focus on the Future conference in San Francisco for Self Help Enterprise counties; and an ICSC conference.

2.2 STAFF VERBAL REPORTS
Lieutenant Denny reported out on departmental stats that occurred since the last meeting.

Fire Chief Gaumnitz attended the Veterans Day Memorial event. Saturday, November 18 is the Fire Department fundraiser dinner at the Fairgrounds. The new fire engine will be presented at next meeting.

Public Works Director Rogers attended the Veterans Day event at the park. Mayor Pro Tem Smith gave a great speech. He and the City Administrator met with the State Water Resources Control Board regarding the Fairmead Sewer Consolidation Project and went on a tour of Fairmead and our WWTP. The City received a preliminary funding award notification letter from the State for the project. The State is now completing the technical review of the funding application for a funding agreement. In anticipation of upcoming rain, staff used our vactor truck to clean out our storm drain inlets throughout the City. Our contractor for the Robertson/Kings & Robertson/Trinity Alley Paving Project has started and is currently scheduled to complete in February. There was a bid opening for the Urban Runoff Project (Sonoma Stormdrain Project). We received 7 bids with a low bid of $2,811,990 and a high bid of $5,115,690. The grant amount for this project is $3,349,635 with a 5% City match. We are currently reviewing the bids. The contractor for Well 15 has received the design specifications for the test well and the contractor is moving forward.

Hamilton both ad hocs met, Shipping Container and Mobile Food Vendor. He and MCEDC Executive Director Darren Rose attended a CERF meeting. He also presented a video captured by a drone that showed the AutoZone project progress.

Deputy Director of Recreation & Community Engagement Wisener attended a California Parks & Recreation Association workshop in Visalia; she is prepping the Cit’s Christmas float for the City Council Meeting MINUTES November 14, 2023
parade event; summer sport season closing out, and flag football is beginning in January 2024.

She met with Shirt Shaq to get rough estimates on wraps for water tank. In order to place the clock, we must work with Caltrans.

Police Chief Palmer reminded all to stay safe driving in the rain and during the holidays.

CONSENT CALENDAR – Section 3

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 (515-23) 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 (83-23) Authorizing Filing of the Deed of Easements for Existing Pedestrian Facilities (Rogers)

3.5 Consideration and Adoption of a City Council Resolution (84-23) 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)
Motion by Council Member Ahmed, Seconded by Council Member Troost to Approve the Consent Calendar, except for Item 3.5, which was pulled for discussion. Motion passed unanimously by roll call vote.

After discussion on Item 3.5, Motion by Council Member Ahmed, Seconded by Council Member Troost to Approve City Council Resolution # 84-23, 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.

Motion passed unanimously by roll call vote. Motion passed unanimously by roll call vote.

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)
Mayor Barragan opened the public hearing at 4:45 p.m. No one came forward for or against the item. Mayor Barragan closed the public hearing at 4:45 p.m.

Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #85-23, Approving Formation of City of Chowchilla Community Facilities District No.

City Council Meeting MINUTES November 14, 2023
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; City Council Resolution #86-23, 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 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, City Council Resolution #87-23, Calling Special Election Within Community Facilities District No. 2023-1 (Replacement of CFD 2006-1). Motion passed unanimously by roll call vote.

4.2 Consideration and Adoption of a City Council Resolution Authorizing the Closeout of Community Development Block Grant No. 21-CDBG-PI-00022 (Rogers) Mayor Barragan opened the public hearing at 4:48 p.m. No one came forward for or against the item. Mayor Barragan closed the public hearing at 4:48 p.m.

Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve City Council Resolution #88-23, Authorizing the Closeout of Community Development Block Grant No. 21- CDBG-PI-00022. Motion passed unanimously by roll call vote.

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) Mayor Barragan opened the public hearing at 4:55 p.m. No one came forward for or against the item. Mayor Barragan closed the public hearing at 4:55 p.m.

Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #89-23, Authorizing Staff to Submit the 2024-2032 Housing Element Update to the State of California Department of Housing and Community Development for Review. Motion passed unanimously by roll call vote.

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)
Mayor Barragan opened the public hearing at 4:58 p.m. No one came forward for or against the item. Mayor Barragan closed the public hearing at 4:58 p.m.

Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith to Approve the 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. Motion passed unanimously by roll call vote.

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)
Mayor Barragan opened the public hearing at 5:01 p.m. No one came forward for or against the item. Mayor Barragan closed the public hearing at 5:02 p.m.

Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve the Introduction of an Ordinance of the City Council of the City of Chowchilla to Approve Development Agreement 23-0174 for the Century Vesting Tentative Subdivision Map No. 17-0006. Motion passed unanimously by roll call vote.

City Council Meeting MINUTES November 14, 2023
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) Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #90-23, 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”. Motion passed unanimously by roll call vote.

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) Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #91-23, Amending the 2023/2024 Salary Scale to Include the Public Works Facilities Supervisor Classification. Motion passed unanimously by roll call vote.

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

ADJOURNMENT
Mayor Barragan Adjourned the November 14, 2023 CityCouncil Meeting at 5:15 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 28, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: October 2023 Budget vs Actual and Balance Sheet

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

Approve the October 2023 Financial Statements shown in the attachment.

BACKGROUND:

Staff provides Council with monthly financial information as an ongoing financial status update.

REASON FOR RECOMMENDATION:

The monthly financial statements consist of a Budget vs Actual and a Balance Sheet for the General Fund.

The Budget vs Actual shows the current Month (Period Activity) and current Year (Fiscal Activity) Revenues and Expenses by Department in summary form compared to the current year Original and Current budgets. The Balance Sheet shows the Assets, Liabilities and Fund Balance at the time the report is generated. This provides an overview of cash, amounts owed to the City, amounts the City owes and the fund balance at a specific point in time.

The financial statements are being presented as an overview of the City’s finances and are not meant to be a comprehensive in-depth review. As a reference to compare to the percent remaining column in the report, the percentage of the year remaining 66.67%.

If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.

If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them.

FISCAL IMPACT: Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May, we have yet to receive a distribution. We are teetered which means we do not have to worry about delinquencies, because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and we have yet to receive September’s payment. Sales tax is our 2nd largest revenue.

Police Sworn/Net- Budgeted revenue is from school reimbursements for SRO service, we have received the school’s payment as they are being billed annually in September now. Also, it has $541k Transfer-in from Measure N for the RIMS Software, recruitment and retention of employees, and additional equipment that will be transferred at the end of the year.

Fire Services- This revenue is from transfers-in from Measure N for the fire station expansion project Phase 2 that will be completed at the end of the year.

Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for the following projects like Rancho Calera, Montgomery Farms, Solar Permits, and various other projects within the City. So far, we have Century Communities building their part of the Montgomery Farms lots.

We still have other miscellaneous permits for other items that are happening as well. There is also $85k of grant revenues that we have not fully received as of now.

Parks and Recreation- $140k of this is from a grant that we have not spent yet so we have not requested reimbursements. The rest is overhead allocations from the LLMD that happen at the end of the year.

Community Relations- Revenues are from sports program reimbursements, park pavilion rentals and donations.

Expenses
Community Relations- Budgeted Expenses are more than usual as of right now due to the cost of the Tower Clock being paid for and the Centennial Dinner.

ALTERNATIVES:

Pull the item for further discussion.

ACTIONS FOLLOWING APPROVAL:

None.
11/13/2023 2:18:03 PM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2023-2024 Period Ending: 10/31/2023
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Account Typ…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 9,555,653.00 9,621,337.00 122,034.08 808,100.48 -8,813,236.52 91.60% Expense 287,321.00 295,278.00 632.56 1,799.26 293,478.74 99.39% Dept: 1600 - General Administration Surplus (Deficit): 9,268,332.00 9,326,059.00 121,401.52 806,301.22 -8,519,757.78 91.35% Dept: 1605 - City Council
Revenue 0.00 3,413.00 284.40 1,137.60 -2,275.40 66.67%
Expense 99,195.00 102,608.00 3,425.00 11,865.16 90,742.84 88.44% Dept: 1605 - City Council Surplus (Deficit): -99,195.00 -99,195.00 -3,140.60 -10,727.56 88,467.44 89.19% Dept: 1610 - City Clerk
Revenue 0.00 0.00 127.59 127.59 127.59 0.00%
Expense 283,433.00 283,433.00 15,438.84 76,956.84 206,476.16 72.85% Dept: 1610 - City Clerk Surplus (Deficit): -283,433.00 -283,433.00 -15,311.25 -76,829.25 206,603.75 72.89% Dept: 1615 - City Attorney
Expense 190,000.00 190,000.00 25,833.06 59,298.33 130,701.67 68.79% Dept: 1615 - City Attorney Total: 190,000.00 190,000.00 25,833.06 59,298.33 130,701.67 68.79% Dept: 1705 - General Services
Revenue 0.00 0.00 255.41 255.41 255.41 0.00%
Expense 1,794,311.00 1,792,692.00 26,739.31 512,985.34 1,279,706.66 71.38% Dept: 1705 - General Services Surplus (Deficit): -1,794,311.00 -1,792,692.00 -26,483.90 -512,729.93 1,279,962.07 71.40% Dept: 1710 - City Administration
Revenue 0.00 0.00 127.59 127.59 127.59 0.00%
Expense 456,348.00 456,348.00 18,608.73 123,786.72 332,561.28 72.87% Dept: 1710 - City Administration Surplus (Deficit): -456,348.00 -456,348.00 -18,481.14 -123,659.13 332,688.87 72.90% Dept: 1712 - City Property - Rents
Revenue 150,908.00 150,908.00 300.00 53,854.16 -97,053.84 64.31% Expense 55,196.00 80,361.00 11,230.60 37,812.39 42,548.61 52.95% Dept: 1712 - City Property - Rents Surplus (Deficit): 95,712.00 70,547.00 -10,930.60 16,041.77 -54,505.23 77.26% Dept: 1720 - Finance Department
Revenue 3,211.00 3,211.00 1,135.65 2,341.60 -869.40 27.08% Expense 882,598.00 880,752.00 57,723.25 266,892.29 613,859.71 69.70% Dept: 1720 - Finance Department Surplus (Deficit): -879,387.00 -877,541.00 -56,587.60 -264,550.69 612,990.31 69.85% Dept: 2610 - Police Department
Revenue 817,947.00 817,947.00 22,068.33 213,400.10 -604,546.90 73.91% Expense 4,976,766.00 5,048,523.00 233,310.26 1,649,036.28 3,399,486.72 67.34% Dept: 2610 - Police Department Surplus (Deficit): -4,158,819.00 -4,230,576.00 -211,241.93 -1,435,636.18 2,794,939.82 66.07% Dept: 2705 - Fire Department
Revenue 1,317,366.00 1,317,366.00 251.65 995.85 -1,316,370.15 99.92% Expense 1,669,053.00 1,697,221.00 27,647.00 258,215.05 1,439,005.95 84.79% Dept: 2705 - Fire Department Surplus (Deficit): -351,687.00 -379,855.00 -27,395.35 -257,219.20 122,635.80 32.28% Dept: 4705 - Community & Economic Development
Revenue 761,346.00 761,346.00 62,235.77 171,805.79 -589,540.21 77.43% Expense 1,530,460.00 1,530,460.00 86,927.24 334,083.87 1,196,376.13 78.17% Dept: 4705 - Community & Economic Development Surplus (Deficit): -769,114.00 -769,114.00 -24,691.47 -162,278.08 606,835.92 78.90% Dept: 6610 - Community Pool (OLD)
Revenue 1,500.00 1,500.00 340.54 1,363.69 -136.31 9.09% Expense 24,577.00 24,577.00 39.69 8,960.82 15,616.18 63.54% Dept: 6610 - Community Pool (OLD) Surplus (Deficit): -23,077.00 -23,077.00 300.85 -7,597.13 15,479.87 67.08% Budget Report For Fiscal: 2023-2024 Period Ending: 10/31/2023 11/13/2023 2:18:03 PM Page 2 of 3
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Account Typ…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 6615 - Senior Services
Expense 44,009.00 44,148.00 543.74 3,046.56 41,101.44 93.10% Dept: 6615 - Senior Services Total: 44,009.00 44,148.00 543.74 3,046.56 41,101.44 93.10% Dept: 6620 - Parks & Facilities
Revenue 199,730.00 199,730.00 263.90 15,163.15 -184,566.85 92.41% Expense 709,542.00 789,516.00 33,907.53 253,339.73 536,176.27 67.91% Dept: 6620 - Parks & Facilities Surplus (Deficit): -509,812.00 -589,786.00 -33,643.63 -238,176.58 351,609.42 59.62% Dept: 6625 - Community Relations
Revenue 36,100.00 36,100.00 -3,750.86 18,214.29 -17,885.71 49.54% Expense 243,165.00 265,587.25 12,492.13 105,384.77 160,202.48 60.32% Dept: 6625 - Community Relations Surplus (Deficit): -207,065.00 -229,487.25 -16,242.99 -87,170.48 142,316.77 62.02% Report Surplus (Deficit): -402,213.00 -568,646.25 -348,824.89 -2,416,576.11 -1,847,929.86 -324.97% Budget Report For Fiscal: 2023-2024 Period Ending: 10/31/2023 11/13/2023 2:18:03 PM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
100 - General Fund -402,213.00 -568,646.25 -348,824.89 -2,416,576.11 -1,847,929.86 Report Surplus (Deficit): -402,213.00 -568,646.25 -348,824.89 -2,416,576.11 -1,847,929.86 11/13/2023 2:19:28 PM Page 1 of 1
My Balance Sheet
Chowchilla, CA Account Summary
As Of 10/31/2023
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 4,457.20
100-0100-0206 Cash Drawer 1,700.00
100-0100-0219 Lease Receivable 173,435.38
100-0100-0220 Accounts Receivable-Clients 33,865.16
100-0100-0221 A/R - Non Governmental -854.71
100-0100-0222 A/R - Intergovernmental 10,948.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 133,950.72
100-0100-0225 Accounts Receivable-RDA -24.89
100-0100-0226 Advance to Other Funds 410,031.56
100-0100-0227 Liens Receivables General Fund 159,154.66 100-0100-0228 Pending Charges or Refunds 28,979.59
100-0100-0229 A/R Business License -1,236.94
100-0100-0230 Accounts Receivable-Utilities 90.00
100-0100-1900 Claim On Cash 6,643,050.20
Total Assets: 7,598,046.45 7,598,046.45
Liability
100-0200-0418 Deposits on Hold-PR Signs 2.00
100-0200-0422 Bonds for Work-Refundable 2,000.00
100-0200-0428 Deposits Prepaid by Developers 138,000.00 100-0200-0480 Deferred Revenue 169,467.02
100-0200-0482 Unavailable Lease Revenue 100,549.08
100-0200-0499 Payroll Correction -0.93
100-0200-2901 Accounts Payable Pending 118,936.16
Total Liability: 528,953.33
Equity
100-0300-0601 Fund Balance 8,065,098.91
100-0300-0602 Designated Restricted Donation 1,434.55
100-0300-0604 Reserve for Contingencies 910,223.00
100-0300-0605 Designated for Prepaid Items 239.50
100-0300-0608 Prior Period Adjustments 82,903.49
100-0300-0611 Reserve for L/T A/R 418,794.59
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 9,485,669.23
Total Revenue 1,286,887.30
Total Expense 3,703,463.41
Revenues Over/Under Expenses -2,416,576.11
Total Liabilities, Equity and Current Surplus (Deficit): 7,598,046.45 Total Equity and Current Surplus (Deficit): 7,069,093.12

REPORT TO THE CITY COUNCIL
Item 3.3

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THE AGENDA
Meeting of: November 28, 2023
AGENDA SECTION: Consent
SUBJECT: Adoption of 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:

That the City Council Adopt the ordinance approving the Development Agreement 23-0174 for the Sessions Vesting Tentative Subdivision Map 17-0006.

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.

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. Introduction of the ordinance was held on the November 14, 2023 City Council meeting.

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.

INTRODUCED at a regular City Council meeting on the 14th day of November, 2023.

PASSED AND ADOPTED, by the City Council of the City of Chowchilla at a regular meeting held this 28th day of November, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk
EXHIBIT A – Development Agreement
Notice of Exemption
ATTACHMENT 4 – Public Hearing Notice

REPORT TO THE CITY COUNCIL
Item 3.4

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THE AGENDA
Meeting of: November 28, 2023
AGENDA SECTION: Consent
SUBJECT: Adoption of an Ordinance Amending Title 15, Buildings and Construction, of the City of Chowchilla Municipal Code
PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: Ordinance
Track Changes Version of Ordinance

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

Staff recommends the City Council adopt the ordinance amending various sections of Title 15 of the Chowchilla Municipal Code.

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:

This item was introduced to the City Council on November 14, 2023.

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:
• 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.

REPORT TO THE CITY COUNCIL
Item 3.5

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THE AGENDA
Meeting of: November 28, 2023
AGENDA SECTION: Consent
SUBJECT: A City Council Resolution Approving a Retainer Agreement with Roe Frazer of Frazer Law, PLC, and Ventura Law to Represent the City in Potential Litigation Regarding the Presence of Polyflouroalkyl Substances, Including, but not Limited to, PFOA and/or PFAS, in Drinking Water, Wastewater, and Soil in the Property of the City
PREPARED BY: Mary Lerner, City Attorney
ATTACHMENTS: Resolution, Agreement

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

That the City Council adopts a resolution approving a retainer agreement with Roe Frazer Law and Ventura Law to represent the City in potential litigation regarding the presence of polyclouralkyl substances, including but not limited to PFOA, and/or PFAS in drinking water, wastewater, and soil in the property of the City.

BACKGROUND:

PFAS, often referred to as “forever chemicals,” are a group of more than 9,000 man-made chemical compounds that do not occur naturally in the environment. They are used in a variety of industry applications, including grease- and water-resistant food packaging, fire-fighting foam, carpeting, apparel, and upholstery. These compounds are referred to as “forever chemicals” because they do not biodegrade or breakdown and, once released into the environment, PFAS pollute the air, soil, and waterways, ultimately ending up in the water supply.

While the extent of PFAS contamination is not fully known, investigations thus far, such as sampling and monitoring required by the Environmental Protection Agency (“EPA”), indicate the problem is widespread.

The EPA is expected to implement stronger standards for PFAS, and the State of California has also begun implementing stringent standards.

The problem for municipalities and water providers is that they will be responsible for PFAS remediation costs and future operational and maintenance costs. As a result, many municipalities are pursuing litigation to recover damages from the manufacturers of products known to contain PFAS.

Roe Frazer, of Frazer Law, PLC, is Co-Chair of Water Providers Committee and Co-Lead Discovery Counsel in the PFAS multi-district litigation and, as such, has invaluable insight to potential litigation.

Ventura Law represented numerous cities in the Opioid Crisis and the BP oil spill litigation. They are also currently involved in several national litigations against the pharmaceutical and medical device industry.

REASON FOR RECOMMENDATION:

To ensure the City is represented in potential PFAS litigation and is compensated for potential PFAS contamination.

FINANCIAL IMPACT:

The retainer agreement is a contingency fee agreement meaning that the City does not pay anything unless the Firms recoup damages for the City. The retainer agreement includes a twenty-five percent (25%) contingency fee and requires the City to reimburse the Firms for costs, should the Firms recoup damages on behalf of the City. The City will not be required to pay the Firms costs or any other fee if no damages are recovered.

ALTERNATIVES:

No not enter into the retainer agreement.

ACTIONS FOLLOWING APPROVAL:

Execute the retainer agreement and provide requested water and wastewater testing data to Ventura Law.

COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA (“CITY”),

CALIFORNIA APPROVING A RETAINER AGREEMENT WITH ROE FRAZER OF FRAZER

LAW, PLC, AND VENTURA LAW TO REPRESENT THE CITY IN POTENTIAL LITIGATION

REGARDING THE PRESENCE OF POLYFLOUROALKYL SUBSTANCES, INCLUDING, BUT

NOT LIMITED TO, PFOA AND/OR PFAS, IN DRINKING WATER, WASTEWATER, AND SOIL

IN THE PROPERTY OF THE CITY
WHEREAS, polyfluoroalkyl substances (“PFAS”), often referred to as “forever” chemicals, are a group of more than 9,000 man-made chemical compounds that do not occur naturally in the environment; and
WHEREAS, PFAS are used in a variety of industry applications, including grease- and water-resistant food packaging, fire-fighting foam, carpeting, apparel, and upholstery; and WHEREAS, these compounds are referred to as forever chemicals because they do not biodegrade or breakdown and, once released into the environment, PFAS pollute the air, soil, and waterways, ultimately ending up in the water supply; and WHEREAS, the extent of PFAS contamination is not fully known, but investigations thus far indicate the problem is widespread and, so, the Environmental Protection Agency and the State of California have begun implementing stringent standard; and WHEREAS, municipalities and other water providers will be responsible for PFAS remediation costs and future operational and maintenance cost and, as a result, many municipalities are pursuing litigation to recover damages from the manufacturers of products known to contain PFAS; and
WHEREAS, Roe Frazer, of Frazer Law, PLC, is Co-Chair of Water Providers Committee and Co-Lead Discovery Counsel in the PFAS multi-district litigation and, as such, has invaluable insight to potential litigation. Ventura Law represented numerous cities in the Opioid Crisis and the BP oil spill litigation and is also currently involved in several national litigations against the pharmaceutical and medical device industry; and
WHEREAS, the retainer agreement is a contingency fee agreement meaning that the City does not pay anything unless Frazer Law and/or Ventura Law recoup damages for the City.

NOW THEREFORE IT IS RESOLVED that the City Council of the City of Chowchilla does hereby approve a retainer agreement with Roe Frazer of Frazer Law, PLC, and Ventura Law to represent the City of Chowchilla in potential litigation regarding the presence of PFAS in drinking water, wastewater, and soil in the property of the City.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 28th day of November, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk

RETAINER AGREEMENT
THIS RETAINER AGREEMENT made and entered into this 28th day of November, 2023, by and between the City of Chowchilla, California, (the "Client" or "You") and Roe Frazer of Frazer Law, PLC and Ventura Law (collectively the "Firms" or "we"), in connection with potential litigation regarding the presence of Polyfluoroalkyl substances, including, but not limited to, PFOA and/or PFOS, in the drinking water, wastewater and soil in the property of the Client.

1. For and in consideration of the mutual promises herein contained and other good and valuable consideration, the parties hereby agree as follows: The Client hereby engages the Firms to represent it in potential civil litigation in connection with legally tenable claims to be brought against manufacturers and others regarding the presence at unacceptable detectable limits of a certain group of chemicals known as Polyfluoroaklyl substances, including, but not limited to, PFOA and PFOS, in drinking water, wastewater and soil in the property of the Client (the "case" or "matter"). Subject to favorable results in their investigation into Client’s potential claims, the Firms will file and prosecute such lawsuit as are necessary on behalf of the Client against responsible parties that the Firms, after consultation with and approval by the Client, deem necessary to a successful outcome of the litigation. The Firms will submit any proposed complaint or petition to the Client for approval before filing. If nothing is recovered, the Client will not be indebted to the Firms for any attorney's fees or expenses the Firms might incur. If the Firms’ investigation results in a finding that, in their opinion, does not warrant the filing of a lawsuit, then the Firms will notify the Client of that conclusion, in which event the Client will owe the Firms nothing and this Agreement will be terminated. All of the lawyers and employees the Firms are representing the Client only in their capacity as lawyers and employees of Frazer Law PLC and Ventura Law.

2. The Firms have made no promises and will make no promises or guarantees as to the probabilities of outcomes or the amounts recoverable in connection with the Clients' claim(s).

3. The Firms assume joint responsibility for the representation described in this Agreement.

Client approves of and consents to the participation of all the Firms in the representation.

The Client understands and agrees that the total contingency fee described in paragraph 5 (the “Contingency Fee”) will be divided equally among the Firms or in such manner as the Firms may deem appropriate based upon the work performed by each. The Client agrees to this division of responsibilities and fees. The Firms might propose association with other firms or attorneys which we reasonably believe might assist in the prosecution of this litigation. As to any other proposed associated counsel, the Client will be provided the names of that counsel in advance of our association, and will have the right to approve their association on its behalf. The division of fees among the Firms, or the association with additional counsel, does not change the total Contingency Fee described in paragraph 5 owed by the Client.

4. The Firms agree to represent the Client on a contingent basis, such that any attorney's fees and expenses shall be paid only if the Firms obtain a favorable result in this case. The Firms will advance the costs of this litigation including filing fees, transcript costs, notices, travel expenses, expert fees, and copy and delivery charges. While the Firms will seek reimbursement of these charges from the court and/or the adverse parties, they understand that reimbursement of their expenses is not guaranteed.

5. The Client agrees to pay the Firms a total Contingency Fee of twenty-five percent (25.00%) of the total amount of money or other items of value obtained in connection with the settlement, trial, or appeal of the claim (the “Contingency Fee”). In the event of a settlement, the Contingency Fee shall be computed on the basis of the present value of the settlement. The Client agrees that the Firms shall recover all costs and expenses reasonably incurred by the Firms from the gross recovery. If there is no recovery, the Client shall not be responsible to reimburse the Firms for any costs and expenses, or if such costs and expenses exceed the gross recovery, the Client shall not be responsible for such excess.

Costs and expenses shall be deducted before the Contingency Fee is calculated. These costs and expenses do not change the Contingency Fee percentage. Furthermore, any expenses that benefit multiple clients will be spread evenly, pro rata, among them. To the extent that attorney's fees are awarded by a Court, those fees, to the extent collected from any adverse party, shall be credited against the Contingency Fee to be paid if the amount awarded is less than 25% of the total amount obtained in connection with the settlement, trial or appeal of the claim. If the amount awarded and paid by the adverse party is greater than 25% of the total amount of money or other items of value obtained in connection with the settlement, trial or appeal of the claim, then that amount shall be the entire fee owed to the Firms. Under no circumstances shall the Client share in any attorney's fees, however.

6. The Firms will not settle the Client's claim without the approval of the Client, who will have the absolute right to accept or reject any settlement. The Firms will notify the Client promptly of the terms of any settlement offer received by the Firms.

7. The Firms will take reasonable measures to keep confidential all information relating to representation of the Client, unless disclosure is authorized by the Client or required by applicable codes of professional responsibility. The Firms may, however, include your name in a published list of our clients, with your written approval.

8. The Client will have the right at any time to terminate the Firms’ representation, with or without cause, upon written notice to the Firms. After filing suit, the Firms, or any of them, may withdraw as permitted under the California Rules of Professional Conduct. Upon termination of representation, the Firms shall take steps to the extent reasonably practicable to protect the Client’s interests, will give reasonable notice to the Client, will allow time for employment of other counsel, and will surrender papers and property to which the Client is entitled. If the Firms withdraw or are discharged before any recovery is obtained, the Client agrees to pay a reasonable fee for the services rendered. If the parties are unable to agree on a reasonable fee for the services rendered, the Firms and the Client agree that the fee will be determined by binding arbitration proceedings before a neutral affiliated with the Judicial Arbitration and Mediation Services (JAMS); in any event, the Firms and Client agree that the fee determined by arbitration shall not exceed the Contingency Fee of 25% as defined in paragraph 5.

9. The Firms have found that the use of email is an expedient and effective method of communicating with clients and in transmitting documents. While the Firms are mindful of the fact that it is possible for such communications to be intercepted and read, they agree to take all reasonable measures to preserve the confidentiality of email communications and have concluded that there is a sufficient likelihood of confidentiality in this means of transmission to justify its use with the Client on a regular basis. The Client agrees that the Firms may use email to communicate with it and to transmit documents to it from time to time.

10. This Agreement does not include any contract or agreement for any other legal representation not herein expressly referenced. The Client understands that the Firms will not provide any tax, accounting, or financial advice or services regarding this matter. If additional legal services are necessary in connection with or beyond the scope of the engagement reflected herein and the Client requests an attorney to perform such services, separate and additional fee arrangements will be made between the Client and the Firms.

Any request for legal services unrelated to this engagement must be set forth in a separate written agreement signed by the Client and one or more of the Firms.

11. In the event that the Firms recover any compensation for the Client, all payments recovered will be first deposited and/or paid into the trust account of one of the members of the Firms, or a trust account designated by them, from which account those funds will be distributed, pursuant to an itemized accounting to the Client consistent with the terms of the settlement or judgment minus the Contingency Fee and costs as set forth in this Agreement. Funds may be held in the IOLTA trust account of the Firms, or any of them, and the interest, if any, will be sent to the appropriate Bar Foundation. The Firms will make every effort, consistent with applicable Bar Rules, to put any settlement in an interest bearing account for the benefit of the Client.

12. Arbitration of Disputes: If a dispute arises between the Client and the Firms regarding or connected with fees/costs due to the Firms or legal services performed by or on behalf of the Firms in connection with the claim(s) covered by this Agreement, such dispute shall be submitted to binding arbitration as set forth in paragraph 8. The arbitration also includes any claim against the Firms for breach of contract, negligence, and breach of fiduciary duty or other wrongdoing. The parties agree that the governing law for such dispute will be the law of the State of California, notwithstanding any conflict of law doctrine to the contrary.

The parties also agree that the exclusive and sole venue and jurisdiction for any such action shall be Chowchilla, California and consent to personal jurisdiction in said place.

13. The Firms acknowledge that information of Client's business practices and confidential information gained from the Client through the representation of the Client and its agents and representatives would create a professional conflict of interest in the representation of others in current and future litigation of any nature whatsoever against Client. To the maximum extent permitted by the California Rules of Professional Conduct, the Firms agree that they will institute no action or suit of any nature whatsoever, at law or in equity, against Client, Client's agents, successors and assigns, nor aid in the institution, by referral or otherwise of any claim, demand, action or cause of action against Client, Client's agents, successors and assigns. In addition, the Firms will require all experts and consultants retained pursuant to this Agreement to execute an agreement containing a provision, in a form satisfactory to Client, prohibiting them from releasing confidential information of Client.

14. The Firms and Client agree that the Firms will not communicate with the media, issue press releases, or make any other public comments. The Firms will keep Client apprised of contacts from the media and to the extent practicable will consult with Client prior to making any statement related to the Client's case. The Firms will use their best efforts to control public statements made by any public water providers involved as plaintiffs in PFOA/PFOS litigation. If the Firms or another plaintiff makes public statements or comments on behalf of Client, Client may withdraw from the litigation without owing Attorney any costs or fees, and the attorney-client relationship would be terminated at that time. This paragraph applies only to communications that occur after the Effective Date of this Agreement as defined in paragraph 15.

15. The effective date of this agreement will be the date when it is executed by Client. This Agreement will, however, apply to services provided by the Firms on this matter before its effective date.

Executed on the date first above written.

CLIENT FRAZER PLC
By: ___________________________ By: ____________________ Rod Pruett
City Administrator

VENTURA LAW
By: ____________________________

REPORT TO THE CITY COUNCIL
Item 3.6

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THE AGENDA
Meeting of: November 28, 2023
AGENDA SECTION: Consent
SUBJECT: An Annual Renewal Resolution of the City Council of the City of Chowchilla Authorizing Grant Management Requirements and Related Authorizations for California Department of Resources Recycling and Recovery Grant Programs, and Authorizing the City Administrator or Designee to Sign All Related Documents.

PREPARED BY: Jonise Arredondo, Administrative Analyst
ATTACHMENTS: Resolution

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

Approve an updated resolution to CalRecycle, as required:
• For Grant management; submit Claim expenditures, submit related authorizations, and adhere to the grant terms and agreements
• Appoint Signature Authority (empowered to execute) to the Acting City Administrator, or his/her designee, all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.
• Authorizations are indefinite for the adoption of this resolution.

BACKGROUND:

The City of Chowchilla in the past submitted and received grant funding under what was formally known as California Integrated Waste Management Board (CIWMB). CIWMB is now known as CalRecycle, which is directed to administer various grant programs to furthermore the State of California’s efforts to reduce, recycle and reuse solid waste generated in the State, preserving landfill capacity and protecting public health and safety, and environment. For example, the City used grant funds to purchase compost/mulch to apply on the Ed Rey Park Soccer fields. Grant terms requires the City of Chowchilla to provide an updated council resolution annually that authorizes grant management requirements and appointing a signature authority.

REASON FOR RECOMMENDATION:

This resolution is created per the required procedures, governing the applications, awarding, and management of the grants.

FISCAL IMPACT:

There is no cost to the City for submitting the updated Council Resolution to CalRecycle.

ALTERNATIVES:

Not to approve an updated resolution for all CalRecycle Grants.

ACTIONS FOLLOWING APPROVAL:

Upload updated resolution to the CalRecycle Grant Management Website.

COUNCIL RESOLUTION NO # -23

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

ANNUAL RENEWAL FOR GRANT MANAGEMENT REQUIREMENTS, SUBMITTAL OF RELATED

AUTHORIZATIONS WITH CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND

RECOVERY, AND AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO SIGN ALL

RELATED DOCUMENTS THERETO
WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) has established; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing board to declare by resolution certain authorizations related to the administration of CalRecycle grants’ and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chowchilla hereby finds and determines the following:

1. The above recitals are true and correct.

2. The City Council accepts the authorization of Grant Management Requirements and Submittal of related authorizations with California Department of Resources Recycling and Recocery.

3. The City Administrator or his/her designee is hereby authorized and empowered to execute in the name of the City of Chowchilla all grant documents, including but not limited to applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project(s).

4. These authorizations are effective indefinitely from the date of adoption of this resolution.

5. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 28th day of November 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

APPROVED:

Ray Barragan, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 6.1

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THE AGENDA
Meeting of: November 28, 2023
AGENDA SECTION: New Business
SUBJECT: Approval of a Resolution Awarding Contract for Urban Runoff Management Project for $2,811,990 and Authorizing the City Administrator or Designee to Execute Related Documents.

PREPARED BY: Jonise Arredondo, Administrative Analyst
ATTACHMENTS: Resolution

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

Approval of a Resolution Awarding Contract for Urban Runoff Management (Sonoma Ave Storm Drain Improvement) Project for $2,811,990 and Authorizing the City Administrator or Designee to Execute Related Documents.

BACKGROUND:

On September 5, 2023, the City of Chowchilla published a notice inviting bids for the Urban Runoff Management Project. The project work includes:

1. Install a minimum of six thousand six hundred (6,600) linear feet of storm drain, a minimum of twenty (20 manholes/junctions, and a minimum of six (6) catch basin inlets.

2. Install a minimum of one (1) diversion structure with a minimum design flow rate of six (6) cubic feet per second.

3. Install a minimum of one (1) hydrodynamic separator with a minimum design flow rate of six (6) cubic feet per second.

4. Install a minimum of one (1) subsurface infiltration gallery with a minimum design storage capacity of sixty-one thousand (61,000) cubic feet.

5. Install a minimum of five hundred (500) square feet of rain gardens.

6. Install a minimum of seven (7) trees and restore a minimum of twenty thousand (20,000) square feet of park turf.

REASON FOR RECOMMENDATION:

The City opened bids for the Urban Runoff Management Project on October 26, 2023. The City received (8) eight bids for the project as follows:

Contractor Base Bid
TBS $5,115,690.40
JT2 Inc. DBA Todd Companies $3,530,942
Teichert & Son, Inc. $3,099,685
Dawson-Mauldin, LLC $4,909,659
Emmett’s Excavation, Inc. $4,179,275
Floyd Johnston Construction Co. $3,877,436
Mid Cal Pipeline & Utilities, Inc. $3,633,844
Rolfe Construction Inc. $2,811,990
Engineer’s Estimate $3,100,000
Staff has reviewed the bid submitted by Rolfe Construction Inc. along with information regarding their previous work experience. Based on the review, Staff has determined the bid submitted is responsive and Rolfe Construction Inc. to be a responsible contractor. Staff recommends City Council award the contract, for the Urban Runoff Management Project to Rolfe Construction Inc. and authorize the construction contingencies in the amount of 10% of the contract, as approved by the Public Works Director.

FISCAL IMPACT:

The construction costs and available funding for the Project are included in the Fiscal Year 2023/24 Budget and Capital Improvement Plan as summarized in the following table.

Amount
Construction Costs
Contract $2,811,990
Contingency (10%) $281,199
CM/Inspection/Testing $163,000
Total Construction $3,256,189
Available Construction Funding
Grant: Prop 1 $3,349,635
Total Available Funding $3,349,635
ALTERNATIVES:

1. The city council may reject all bids.

ACTIONS FOLLOWING APPROVAL:

1. Execution of Contract, Pre-Construction Meeting and Notice to Proceed.

2. Construction (90 working days)
COUNCIL RESOLUTION # -23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AWARDING THE CONTRACT FOR URBAN RUNOFF MANAGEMENT PROJECT FOR $2,811,990 AND

AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO EXECUTE RELATED DOCUMENTS WHEREAS, the Invitation to Bid for the Urban Runoff Management Project (the “Project”) was WHEREAS, the following bids for the Project were received and publicly opened and read aloud at the Chowchilla City Hall on October 26, 2023, at 3:00 p.m.:

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

1. The above recitals are true and correct.

2. The low bid submitted by Rolfe Construction Inc. is responsive.

3. The construction contract for the Project is awarded to Rolfe Construction Inc. for $2,811,990 and contingencies of up to ten percent (10%) as approved by the Public Works Director are authorized.

4. The City Administrator is authorized to execute the contract on behalf of the City of Chowchilla.

5. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 28th day of November, 2023 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Ray Barragan
ATTEST:

Joann McClendon, CMC
City Clerk

Chowchilla City CouncilNovember 28, 2023

Chowchilla City Council
November 28, 2023