AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, December 12, 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:
City Council Meeting AGENDA December 12, 2023
PRESENTATIONS/WORKSHOP - Section 1
1.1 Mayor’s Award Presentations
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 28, 2023 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the November 2023 Check Register (Williams)
3.3 Consideration and Approval of the 2024 City Council, Committee and Commission Meeting Calendar (McClendon)
3.4 Consideration and Adoption of a City Council Resolution Authorizing Filing of the Deed of Easement for a Public Address Audio System Wire (Pruett)
3.5 Consideration and Adoption of a City Council Resolution Accepting the Valley Community Economic Resilience Fund (CERF) Agreement Letter, Authorizing the City Administrator to Sign the United Way Fresno and Madera Counties Award Letter, and Amending the Fiscal Year 2023/24 City Budget to Accept the $10,000 from United Way of Fresno & Madera Counties to Help Support the CERF Program (Hamilton)
3.6 Consideration and Adoption of a City Council Resolution Amending the Previously Approved Amendment to the City of Chowchilla Amended Deferred Improvement Agreement Between the City of Chowchilla and Self-Help Enterprises Regarding the Development of a Pro-Rate Portion of the Remaining Subdivision Improvements for Montgomery Farms Subdivision, Phase 1, Tract 05-07 (Hamilton) City Council Meeting AGENDA December 12, 2023
3.7 Consideration and Adoption of an Employer-Employee-Relations Resolution Containing Reasonable Rules and Regulations Governing the Administration of Employer-Employee Relations Between the City and its Recognized Employee Organizations (Lerner)
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Awarding the Bid for Construction: Prop 68 Grant Project – Pickle Ball Courts at Edward Ray Park to JT2 Inc., DBA Todd Companies, in the Amount of $192,750.00, Authorizing the City Administrator or Designee to Execute All Related Documents and Amending the Fiscal Year 2023/24 City Budget (Rogers)
6.2 Consideration and Adoption of a City Council Resolution Authorizing the City to Enter into an Agreement for Professional Services with Madera County Transportation Commission (MCTC) for the Regional Early Action Planning (REAP) 1.0 Grants Program, and Amending the Fiscal Year 2023/24 City Budget to Allow for the Implementation of the Program (Hamilton)
6.3 City Council Reorganization – Election of Mayor and Mayor Pro Tem (McClendon)
6.4 Consideration of Council Member Appointments Made by the Mayor to Collaborative Agencies (McClendon)
ANNOUNCEMENTS – Section 7
DEC 20 PLANNING COMMISSION MEETING, CITY HALL, 5PM
DEC 25-JAN 01 CITY OFFICES CLOSED FOR CHRISTMAS AND NEW YEAR’S DAY JAN 09 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 8th day of December, 2023 at or before 5:00pm.
Joann McClendon, CMC, City Clerk
Public meetings are open to the public to attend in-person. However, if you wish to attend remotely, please read the message below.
Zoom login instructions
Use the following url to start Zoom:
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---------------------------------------------------------------------------------------------------- To participate by phone, dial: 1-669-444-9171
Webinar ID: 878 7486 2198
Passcode: 342 460
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 28, 2023
Closed Session: 3:00 p.m. ~ Open Session: 4:00 p.m.
CALL TO ORDER/ROLL CALL: 3:04 p.m.
Mayor: Ray Barragan
Mayor Pro Tem: Kelly Smith
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present: City Administrator Rod Pruett, 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 – 3:05 PM
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Administrator
OPEN SESSION – 4:04 PM
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Pruitt
CLOSED SESSION REPORT: Nothing to Report.
PRESENTATIONS/WORKSHOP - Section 1
1.1 Presentation of the new Fire Engine, Fire Chief Gaumnitz Mayor Barragan adjourned the meeting to step outside to view the City’s new Fire Engine at 4:06 p.m. The meeting reconvened at 4:21 p.m.
PUBLIC ADDRESS
No one spoke.
City Council Meeting MINUTES November 28, 2023
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Ahmed met with staff and property owner on a possible economic development site in the City’s industrial area, and a MCEDC meeting.
Mayor Pro Tem Smith attended the Volunteer Firefighter dinner.
Council Member Troost also attended the Volunteer Firefighter dinner and a Storage Container Ad Hoc meeting.
Council Member Chavez attended the Storage Container Ad Hoc meeting and the Volunteer Firefighter dinner.
Mayor Barragan attended the Volunteer Firefighter dinner.
2.2 STAFF VERBAL REPORTS
Deputy Director of Recreation and Community Engagement Wisner attended the Volunteer Firefighter dinner; the light pole lights were freshened up with the help from Mr. Reale; is currently working on the parade, which has the same number of entries a last year; and is also working on the tree lighting ceremony.
IT System Administrator Berrocal reported that the park cameras configuration is completed at Veterans Memorial and RC Wisener.
City Clerk McClendon attended the Cowboy Christmas at the Fairgrounds; announced the Council-hosted Employee Appreciation Luncheon on 11/30/23; and, the Annual Employee Service Awards Luncheon on 12/0/23.
Public Works Director Rogers thanked Public Works staff for their hard work in putting up the Christmas decorations along Robertson Blvd., assisting Deputy Director Wisener with decorating the Christmas tree in the lobby and setting up the Christmas Tree at Veterans Park in addition to all their regular duties. They are a great crew and I is very appreciative of them.
Community & Economic Development Director Hamilton updated the Council on potential and current departmental projects.
Fire Chief Gaumnitz thanked the community for supporting the Volunteer Firefighter dinner. Also thanked the Volunteers for putting it together.
CONSENT CALENDAR – Section 3
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 (516-23) 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)
City Council Meeting MINUTES November 28, 2023
3.4 Adoption of an Ordinance (517-23) 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 (92-23) 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 (93-23) 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)
Motion by Mayor Pro Tem Smith, Seconded by Council Member Troost to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution (94-23) 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) Motion by Council Member Troost, Seconded by Mayor Pro Tem Smith to Approve City Council Resolution #94-23, 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. Motion passed unanimously by roll call vote.
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
Mayor Barrgan Adjourned the November 28, 2023 City Council Meeting at 4:35 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: December 12, 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 November 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.
12/1/2023 9:29:13 AM Page 1 of 5
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 11/01/2023 - 11/30/2023
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
11/03/2023 66237 Adrian Rocha Accounts Payable Outstanding Check -672.56 11/03/2023 66238 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 11/03/2023 66239 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -860.00 11/03/2023 66240 Void Check Accounts Payable Voided Check 0.00 11/03/2023 66241 Chowchilla Employees Assn. Accounts Payable Outstanding Check -210.00 11/03/2023 66242 Chowchilla Mid-Management Accounts Payable Outstanding Check -130.00 11/03/2023 66243 Chowchilla Office Accounts Payable Outstanding Check -105.00 11/03/2023 66244 Dawnya Rambo Accounts Payable Outstanding Check -1,346.38 11/03/2023 66245 Fitness Peak Accounts Payable Outstanding Check -87.50 11/03/2023 66246 Freddie Ortega Accounts Payable Outstanding Check -149.81 11/03/2023 66247 Jeff Troost Accounts Payable Outstanding Check -284.40 11/03/2023 66248 John Chavez Accounts Payable Outstanding Check -210.61 11/03/2023 66249 U.S. Bank (PARS) Accounts Payable Outstanding Check -244.58 11/03/2023 66250 Waseem Ahmed Accounts Payable Outstanding Check -284.40 11/13/2023 66251 AFLAC Accounts Payable Outstanding Check -897.07 11/13/2023 66252 Alert-O-Lite Inc. Accounts Payable Outstanding Check -256.21 11/13/2023 66253 AT & T Accounts Payable Outstanding Check -65.62 11/13/2023 66254 Badger Meter Inc. Accounts Payable Outstanding Check -646.20 11/13/2023 66255 Baker Supplies and Repairs Accounts Payable Outstanding Check -43,987.73 11/13/2023 66256 Blue Shield of California Accounts Payable Outstanding Check -72,586.19 11/13/2023 66257 BSK Associates Accounts Payable Outstanding Check -288.00 11/13/2023 66258 Causey Demgen & Moore P.C. Accounts Payable Outstanding Check -2,550.00 11/13/2023 66259 Chowchilla Do It Best Accounts Payable Outstanding Check -84.16 11/13/2023 66260 Chowchilla Water District Accounts Payable Outstanding Check -21,321.22 11/13/2023 66261 Void Check Accounts Payable Voided Check 0.00 11/13/2023 66262 Comcast Accounts Payable Outstanding Check -43.37 11/13/2023 66263 Consolidated Electrical Distributors Accounts Payable Outstanding Check -583.27 11/13/2023 66264 Cook's Communication Corp Accounts Payable Outstanding Check -136.36 11/13/2023 66265 Farmers Hardware Accounts Payable Outstanding Check -92.80 11/13/2023 66266 Gary Rogers Architect Accounts Payable Outstanding Check -11,200.00 11/13/2023 66267 Grover Landscape Services Inc. Accounts Payable Outstanding Check -5,500.00 11/13/2023 66268 Interstate Battery of Fresno Accounts Payable Outstanding Check -170.51 11/13/2023 66269 JMP Office Technologies Accounts Payable Outstanding Check -215.52 11/13/2023 66270 L & L Electrical, Inc. Accounts Payable Outstanding Check -4,800.00 11/13/2023 66271 L.N. Curtis & Sons Accounts Payable Outstanding Check -830.83 11/13/2023 66272 Lozano Smith, LLP Accounts Payable Outstanding Check -25,833.06 Bank Transaction Report Issued Date Range: -
12/1/2023 9:29:13 AM Page 2 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/13/2023 66273 Madera County Economic Development Commission Accounts Payable Outstanding Check -9,466.61 11/13/2023 66274 Madera Pump Inc. Accounts Payable Outstanding Check -350.00 11/13/2023 66275 Madera Tribune Accounts Payable Outstanding Check -604.50 11/13/2023 66276 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -142,350.76 11/13/2023 66277 MuniServices LLC Accounts Payable Outstanding Check -611.32 11/13/2023 66278 Myles Guerrero Accounts Payable Outstanding Check -45.00 11/13/2023 66279 NBS Government Finance Group Accounts Payable Outstanding Check -2,750.00 11/13/2023 66280 PB Loader Corp Accounts Payable Outstanding Check -3,784.84 11/13/2023 66281 Prudential Overall Supply Accounts Payable Outstanding Check -191.78 11/13/2023 66282 Quad Knopf, Inc. Accounts Payable Outstanding Check -4,897.03 11/13/2023 66283 Railworks Track Systems LLC Accounts Payable Outstanding Check -430.00 11/13/2023 66284 Sparkletts Accounts Payable Outstanding Check -85.89 11/13/2023 66285 Steves Chevrolet of Chowchilla, LLC Accounts Payable Outstanding Check -267.90 11/13/2023 66286 Sunbelt Rentals Inc. Accounts Payable Outstanding Check -942.36 11/13/2023 66287 T-Mobile USA Inc Accounts Payable Outstanding Check -126.60 11/13/2023 66288 Trinette Martinez Accounts Payable Outstanding Check -300.89 11/13/2023 66289 United Rentals Inc. Accounts Payable Outstanding Check -1,820.89 11/13/2023 66290 US BANK (CAL-CARD) Accounts Payable Outstanding Check -25,890.93 11/13/2023 66291 US Post Office Accounts Payable Outstanding Check -2,402.60 11/13/2023 66292 USA Bluebook Accounts Payable Outstanding Check -221.13 11/13/2023 66293 Van De Pol Enterprises Accounts Payable Outstanding Check -13,268.86 11/13/2023 66294 Vulcan Materials Accounts Payable Outstanding Check -559.31 11/13/2023 66295 Zarcostinting Inc. Accounts Payable Outstanding Check -859.54 11/13/2023 66296 Zions Bancorporation National Association Accounts Payable Outstanding Check -625.00 11/13/2023 66297 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -270.71 11/13/2023 66298 Elizabeth Dearing Utility Billing Outstanding Check -94.86 11/13/2023 66299 Erika Plascencia & Francisco Martinez Gonzalez Utility Billing Outstanding Check -135.05 11/16/2023 66300 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 11/16/2023 66301 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -731.00 11/16/2023 66302 Void Check Accounts Payable Voided Check 0.00 11/16/2023 66303 Chowchilla Employees Assn. Accounts Payable Outstanding Check -210.00 11/16/2023 66304 Chowchilla Mid-Management Accounts Payable Outstanding Check -130.00 11/16/2023 66305 Chowchilla Office Accounts Payable Outstanding Check -105.00 11/16/2023 66306 Fitness Peak Accounts Payable Outstanding Check -87.50 11/16/2023 66307 U.S. Bank (PARS) Accounts Payable Outstanding Check -194.18 11/16/2023 66308 Aanonson Sprinkler Company Accounts Payable Outstanding Check -18.69 11/16/2023 66309 Anderson Pump Co Accounts Payable Outstanding Check -405.55 11/16/2023 66310 BSK Associates Accounts Payable Outstanding Check -1,018.00 11/16/2023 66311 California Forensic Institute Inc. Accounts Payable Outstanding Check -400.00 11/16/2023 66312 Chowchilla District Chamber of Commerce Accounts Payable Outstanding Check -500.00 11/16/2023 66313 Chowchilla Do It Best Accounts Payable Outstanding Check -4.77 11/16/2023 66314 Comcast Accounts Payable Outstanding Check -245.20 11/16/2023 66315 Ewing Irrigation Products Inc. Accounts Payable Outstanding Check -1,612.77 Bank Transaction Report Issued Date Range: -
12/1/2023 9:29:13 AM Page 3 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/16/2023 66316 Farmers Hardware Accounts Payable Outstanding Check -270.81 11/16/2023 66317 Void Check Accounts Payable Voided Check 0.00 11/16/2023 66318 Fresno City College Accounts Payable Outstanding Check -253.00 11/16/2023 66319 Home Depot Credit Services Accounts Payable Outstanding Check -1,990.77 11/16/2023 66320 Void Check Accounts Payable Voided Check 0.00 11/16/2023 66321 Kelly Moore Paint Company Inc. Accounts Payable Outstanding Check -93.40 11/16/2023 66322 L.N. Curtis & Sons Accounts Payable Outstanding Check -3,483.36 11/16/2023 66323 Madera County Animal Services Accounts Payable Outstanding Check -230.00 11/16/2023 66324 Madera Tribune Accounts Payable Outstanding Check -1,371.50 11/16/2023 66325 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -4,163.70 11/16/2023 66326 Mid-Valley Pipe & Steele, Inc Accounts Payable Outstanding Check -10.11 11/16/2023 66327 Motorola Solutions, Inc Accounts Payable Outstanding Check -21,761.20 11/16/2023 66328 Municipal Maintenance Equipment Inc. Accounts Payable Outstanding Check -1,041.79 11/16/2023 66329 MuniServices LLC Accounts Payable Outstanding Check -1,104.95 11/16/2023 66330 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -871.50 11/16/2023 66331 NBS Government Finance Group Accounts Payable Outstanding Check -2,362.61 11/16/2023 66332 Occupational Health Centers of California Accounts Payable Outstanding Check -217.50 11/16/2023 66333 ODP Business Solutions, LLC Accounts Payable Outstanding Check -282.94 11/16/2023 66334 Prestige Custom Glass Accounts Payable Outstanding Check -502.13 11/16/2023 66335 Principal Life Insurance Company Accounts Payable Outstanding Check -9,374.42 11/16/2023 66336 Prudential Overall Supply Accounts Payable Outstanding Check -191.44 11/16/2023 66337 Purl's Sheet Metal & Air Conditioning Inc. Accounts Payable Outstanding Check -10,311.00 11/16/2023 66338 Rick Manuel Medeiros Accounts Payable Outstanding Check -600.00 11/16/2023 66339 Riggs Ambulance Service Accounts Payable Outstanding Check -132.00 11/16/2023 66340 S & W Auto Parts Inc. Accounts Payable Outstanding Check -11.94 11/16/2023 66341 San Joaquin Valley Unified Air Pollution Control District Accounts Payable Outstanding Check -290.00 11/16/2023 66342 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,722.48 11/16/2023 66343 The Advance Group INC Accounts Payable Outstanding Check -352.42 11/16/2023 66344 Turner's Towing Accounts Payable Outstanding Check -65.00 11/16/2023 66345 US BANK (CAL-CARD) Accounts Payable Outstanding Check -7,724.17 11/16/2023 66346 USA Bluebook Accounts Payable Outstanding Check -1,151.50 11/16/2023 66347 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -9,501.85 11/16/2023 66348 Zim Industries Inc. Accounts Payable Outstanding Check -281,200.00 11/16/2023 66349 Zoll Medical Corporation Accounts Payable Outstanding Check -9,060.37 11/16/2023 66350 AT & T Accounts Payable Outstanding Check -191.18 11/17/2023 66351 Isidro Aragon Utility Billing Outstanding Check -88.59 11/28/2023 66352 Demetrio Robles Utility Billing Outstanding Check -177.22 11/29/2023 66353 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 11/29/2023 66354 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -774.00 11/29/2023 66355 Void Check Accounts Payable Voided Check 0.00 11/29/2023 66356 Chowchilla Employees Assn. Accounts Payable Outstanding Check -195.00 11/29/2023 66357 Chowchilla Mid-Management Accounts Payable Outstanding Check -120.00 11/29/2023 66358 Chowchilla Office Accounts Payable Outstanding Check -105.00 Bank Transaction Report Issued Date Range: -
12/1/2023 9:29:13 AM Page 4 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/29/2023 66359 Fitness Peak Accounts Payable Outstanding Check -87.50 11/29/2023 66360 U.S. Bank (PARS) Accounts Payable Outstanding Check -250.66 11/29/2023 66361 Alert-O-Lite Inc. Accounts Payable Outstanding Check -381.06 11/29/2023 66362 Anderson Pump Co Accounts Payable Outstanding Check -6,152.25 11/29/2023 66363 Blair Bass Accounts Payable Outstanding Check -122.63 11/29/2023 66364 BSK Associates Accounts Payable Outstanding Check -352.00 11/29/2023 66365 Central Valley Toxicology Inc. Accounts Payable Outstanding Check -230.00 11/29/2023 66366 Chowchilla Do It Best Accounts Payable Outstanding Check -18.25 11/29/2023 66367 De Lage Landen Financial Services Inc. Accounts Payable Outstanding Check -1,598.99 11/29/2023 66368 Department of Justice/Acc Accounts Payable Outstanding Check -456.00 11/29/2023 66369 Department of Justice/Acc B/A Accounts Payable Outstanding Check -70.00 11/29/2023 66370 Frederick Gaumnitz Accounts Payable Outstanding Check -509.00 11/29/2023 66371 Grainger Accounts Payable Outstanding Check -462.67 11/29/2023 66372 Jonise Arredondo Accounts Payable Outstanding Check -23.06 11/29/2023 66373 Joshua Cobb Accounts Payable Outstanding Check -4,131.00 11/29/2023 66374 Kerri Williams Accounts Payable Outstanding Check -224.25 11/29/2023 66375 Law & Associates Investigations Accounts Payable Outstanding Check -1,900.00 11/29/2023 66376 Mace Pest Control Accounts Payable Outstanding Check -90.00 11/29/2023 66377 Madera County Environmental Accounts Payable Outstanding Check -1,665.00 11/29/2023 66378 Madera Uniform and Accessores, LLC Accounts Payable Outstanding Check -1,079.61 11/29/2023 66379 Michael Baker International Inc. Accounts Payable Outstanding Check -4,080.00 11/29/2023 66380 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -144,944.47 11/29/2023 66381 ODP Business Solutions, LLC Accounts Payable Outstanding Check -1,208.15 11/29/2023 66382 O'Reilly Auto Parts Accounts Payable Outstanding Check -403.30 11/29/2023 66383 PARS Accounts Payable Outstanding Check -497.34 11/29/2023 66384 Precision Civil Engineering, Inc. Accounts Payable Outstanding Check -27,131.25 11/29/2023 66385 Prudential Overall Supply Accounts Payable Outstanding Check -338.11 11/29/2023 66386 Quadient Leasing USA, Inc. Accounts Payable Outstanding Check -632.10 11/29/2023 66387 Railworks Track Systems LLC Accounts Payable Outstanding Check -215.00 11/29/2023 66388 Rain for Rent Accounts Payable Outstanding Check -555.27 11/29/2023 66389 S & W Auto Parts Inc. Accounts Payable Outstanding Check -54.33 11/29/2023 66390 Safety-Kleen Systems Inc. Accounts Payable Outstanding Check -291.20 11/29/2023 66391 San Diego Police Equipment Company Inc Accounts Payable Outstanding Check -3,207.87 11/29/2023 66392 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,722.48 11/29/2023 66393 The Lew Edwards Group Accounts Payable Outstanding Check -5,500.00 11/29/2023 66394 Tyler Business Forms Accounts Payable Outstanding Check -1,125.14 11/29/2023 66395 US BANK (CAL-CARD) Accounts Payable Outstanding Check -5,550.26 11/29/2023 66396 Verizon Wireless Accounts Payable Outstanding Check -2,853.13 11/29/2023 66397 West Coast Pet Memorial Service Accounts Payable Outstanding Check -244.32 Bank Account 200650906 Total: (161) -1,010,189.47
Report Total: (161) -1,010,189.47
Bank Transaction Report Issued Date Range: -
12/1/2023 9:29:13 AM Page 5 of 5
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 161 -1,010,189.47
Report Total: 161 -1,010,189.47
Cash Account Count Amount
**No Cash Account** 6 0.00
999 999-0100-0215 Cash In Bank 155 -1,010,189.47
Report Total: 161 -1,010,189.47
Transaction Type Count Amount
Check 161 -1,010,189.47
Report Total: 161 -1,010,189.47
REPORT TO THE CITY COUNCIL
Item 3.3
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TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: Consent
SUBJECT: Approving the 2024 City Council, Committee and Commission Meeting Calendar
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: 2024 Council, Committee and Commission Meeting Calendar
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends that the City Council review, amend, if needed, and approve the 2024 City Council Meeting Calendar.
BACKGROUND:
The proposed 2024 Council, Committee and Commission Meetings Calendar shows the regularly scheduled meetings for the year. It also shows pay dates and holidays observed by the City.
REASON FOR RECOMMENDATION:
To establish the 2024 calendar year meeting schedules, providing a guide for employees to schedule other events accordingly.
FISCAL IMPACT:
There is no financial impact.
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REPORT TO THE CITY COUNCIL
Item 3.4
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TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: Consent
SUBJECT: Resolution Authorizing Filing of the Deed of Easement for a Public Address Audio System Wire
PREPARED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution, Deed of Easement
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
City Council to adopt a resolution authorizing filing of the Deed of Easement for installing a Public Address Audio System Wire.
BACKGROUND:
The City of Chowchilla will be upgrading to a new public address audio system along Robertson Blvd. The new audio system will replace the current system and provide for better audio for future City events, such as parades.
The current system has to have a receiver/amplifier plugged in on Robertson Blvd by 3rd Street by State Farm. We park a city van on the street and have the receiver inside the van.
Staff wanted to have the receiver in City Hall and replace the old existing speakers, which are horns, with new speakers and add a couple more for better coverage in the downtown area.
After considering all available options, staff determined the best option would be to use a light pole on Robertson Blvd located in front of 235 Robertson Blvd to run the wires to City Hall. There is already power at that pole and it will be the shortest distance to City hall which will help with wireless connection issues.
Staff was originally thinking about doing a long wire run to City Hall from the light pole but after talking with the property owner, Ron Mikulaco, he offered to let us use the building on the property and run the wire from the light pole to the top of the building then to City Hall. This will look better and be more efficient for the system according to IT. Mr. Mikulaco also is only going to charge the City $1 for the easement which is very much appreciated.
REASON FOR RECOMMENDATION:
In order to install the new system, new wiring needs to be installed. Installation of the wiring will connect to the Chowchilla Civic Center and will suspend across the property located at 235 Robertson Blvd. As the PA wire will traverse the air space over the property, an easement is needed. The easement allows the City to install and maintain the improvements in the Easement Area as reasonably necessary.
FISCAL IMPACT:
The General Fund will pay $1.
ALTERNATIVES:
Not to accept the easement.
ACTIONS FOLLOWING APPROVAL:
File of Deed of Easement with Madera County Recorder.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING FILING OF THE DEED OF EASEMENT FOR A PUBLIC ADDRESS AUDIO SYSTEM WIRE
WHEREAS, City desires to suspend a public address audio system wire (“PA Wire”) from the City of Chowchilla civic center, located at 130 S. 2nd Street, Chowchilla, CA 93610 to a light pole located at 235 Robertson Blvd, Chowchilla, CA 93610, with an interim attachment to a building located on the Property; and
WHEREAS, When suspended from the civic center to 235 Robertson Blvd, Chowchilla, CA 93610, the PA Wire will traverse the air space above the Property; and WHEREAS, acquisition of easements is required at the Property in order to ensure right of City to enter upon the Easement Area as reasonably necessary, at reasonable times and in a reasonable manner, including making necessary repairs or replacements, and any other activities reasonably necessary to maintain the PA Wire; and
WHEREAS, the City Administrator 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 12th day of December, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
1 When Recorded Please Return to:
City of Chowchilla
Rod Pruett, City Administrator
130 South Second Street
Chowchilla, CA 93610
Exempt from Recording Fees – Government Code § 27383 (SPACE ABOVE FOR RECORDER’S USE ONLY)
EASEMENT AGREEMENT
This Easement Agreement (“Agreement”) is made and entered into effective on [MONTH] [DATE], 2023, by and between Ronald Peter Mikulaco, Sole Proprietor (hereinafter “Grantor”), and the City of Chowchilla, a California municipal corporation (hereinafter “City”) This Agreement is made with reference to the following facts:
A. Grantor is the owner of that certain real property located on 235 Robertson Blvd, Chowchilla, CA 93610, APN 002-051-010-000, in Madera County, California (the “Property”).
B. City desires to suspend a public address audio system wire (“PA Wire”) from the City of Chowchilla civic center, located at 130 S. 2nd Street, Chowchilla, CA 93610 to a light pole located at 235 Robertson Blvd, Chowchilla, CA 93610, with an interim attachment to a building located on the Property, for the purpose of projecting sound on Robertson Boulevard during public events (“Project”).
C. When suspended from the civic center to 235 Robertson Blvd, Chowchilla, CA 93610, the PA Wire will traverse the air space above the Property.
D. City desires to obtain an easement, in favor of the Grantor, over a portion of the Property, for the PA Wire and Grantor is willing to grant such easement to City upon terms and conditions set forth in this agreement.
E. Grantor and City have agreed to City’s purchase of the easement by means of this Agreement and the recording of an easement deed duly executed by Grantor in recordable form in favor of the City (“Easement Deed”) and delivered to City concurrently with Grantor’s signature on this Agreement.
NOW, THEREFORE, for good and valuable consideration, Grantor and Grantee hereby agree as follows:
1. Grant of Easement. Grantor hereby grants unto City, its successors and assigns, a perpetual and irrevocable appurtenant easement over, across, upon, within and through the real property situated in the County of Madera, State of California, as described in attached Exhibit “A” (“Easement Area”), for suspension of a PA Wire and ancillary uses (“Easement”). This grant of Easement includes the right of the City, and City’s authorized designee(s) to install and 2 maintain related improvements in the Easement Area as reasonably necessary in connection with the PA Wire.
2. Reasonable Access to Easement Area. This Easement includes the right of City to enter upon the Easement Area as reasonably necessary, at reasonable times and in a reasonable manner, including making necessary repairs or replacements, and any other activities reasonably necessary to maintain the PA Wire. The rights herein granted to and the obligations herein imposed upon City shall extend to City’s officers, agents, employees, venders and contractors.
Any improvements or other personal property installed under the authority of this Easement shall be well and safely maintained by City at all times while this Agreement is operative.
3. Payment. City shall pay Grantor the sum of One and 00/100 Dollar ($1.00) as consideration and full compensation for the grant of the Easement. Said sum shall be paid by City upon receipt of the duly executed Easement Deed in recordable form from City.
4. PA Wire. In connection with constructing the Project, the City will suspend a PA Wire from the City of Chowchilla civic center, located at 130 S. 2nd Street, Chowchilla, CA 93610 to a light pole located at 235 Robertson Blvd, Chowchilla, CA 93610, with an interim attachment to a building located on the Property, at the sole cost of City. City is solely responsible for the maintenance, repair, replacement, and removal of the PA Wire following the completion of the Project, and Grantor shall have no liability with regard to the PA Wire following completion of the Project.
5. Indemnification of Grantor. City shall indemnify, defend and hold Grantor harmless from any and all costs, liabilities, damages, losses, claims, actions, or proceedings whatsoever, including, without limitation, for injury to persons (including death) which may be claimed to have arisen out of: (i) any damage, accident, injury, or other similar occurrences on Grantor’s Property due to the City’s negligence or misconduct; (ii) the negligent use, maintenance, or repair of the Easement Area by City, and City’s guests, invitees, agents, or contractors; and (iii) damage resulting from installation of PA Wire on Grantor’s remaining property adjacent to the Easement Area during construction as described in Section 4 herein. It is expressly understood and agreed that, notwithstanding anything in this Agreement to the contrary, the liability of the Grantor, to the extent any exists, shall be limited solely and exclusively to the interest of Grantor in and to the Grantor’s Property.
6. No interference by Grantor. The grant of this Easement shall not limit the right of Grantor, or Grantor’s successors and assigns, to utilize the remaining Property outside the Easement Area for its own purposes, so long as the use by Grantor does not unreasonably interfere with the use of the Easement Area by Grantee for the purposes for which such Easement is granted.
7. Binding Effect. This Agreement is binding on and inures to the benefit of Grantor and City, and their respective successors, assigns, legal or personal representatives, and successors in interest to the Property.
8. Entire Agreement. This Agreement, together with any exhibits hereto, states the entire agreement between the Grantor and the City regarding the subject matters set forth in this 3 Agreement. Each of the parties signing this Agreement acknowledges and agrees that no other party, agent, or attorney of any of the parties made any promise, representation or warranty, express or implied, not set forth in this Agreement. Each party signing this Agreement acknowledges that such party has not executed this Agreement in reliance on any promise, representation, conduct or warranty of any other party not expressly set forth in this Agreement.
This Agreement shall not be recorded, but the Easement Deed shall be recorded, and the City shall be responsible for recording the Easement Deed and paying any costs associated therewith.
9. Easement Shall Run With the Land. This Agreement and the Easement granted herein shall run with the land in favor of Grantee and its successors and assigns, and shall remain in full force and effect until such time as the Grantee determines in its sole discretion that the Easement is no longer needed.
10. Recording of Agreement. This Agreement shall be recorded in the Madera County Recorder’s Office.
11. Modification in Writing. This Agreement may be modified only by a written document executed by both parties hereto.
12. Severability. The provisions of this Agreement shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof.
13. Section Headings. Section headings in this Agreement are for convenience only and are not intended and may not be used in interpreting or construing the terms, covenants and conditions of this Agreement.
14. Counterparts. This Agreement may be executed in one or more counterparts all of which together shall constitute one and the same Agreement.
WHEREFORE, the parties have executed this Agreement as of the day and year first above written.
GRANTOR CITY OF CHOWCHILLA
By: ____________________________
Ronald Peter Mikulaco, Owner
By: _____________________________
Ray Barragan, Mayor
5 EXHIBIT “A”
(Legal Description to be attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
“A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.”
STATE OF CALIFORNIA
COUNTY OF MADERA SS
On _________________before me, ______________________________, Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
FOR NOTARY STAMP OR SEAL
REPORT TO THE CITY COUNCIL
Item 3.5
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TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: Consent
SUBJECT: Accepting the Valley Community Economic Resilience Fund (CERF) Agreement Letter, Authorizing the City Administrator to Sign the United Way Fresno and Madera Counties Award Letter, and Amending the Fiscal Year 2023/24 City Budget to Accept the $10,000 from United Way of Fresno & Madera Counties to Help Support the CERF Program
PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: 1. Resolution
2. Collective Partnership Agreement Letter
3. United Way CERF Award Letter
REVIEWED BY
FINANCE DIRECTOR ☒ REVIEWED BYCITY ATTORNEY ☒ REVIEWED BY ADMINISTRATOR ☒ RECOMMENDATION:
Staff recommends Council consider approving the City Administrator to sign the letter with the United Way Fresno and Madera Counties. The award letter states that by agreeing to have City Staff participate in the CERF Program, the City will receive $10,000 in financial support under the State’s CERF Program.
BACKGROUND:
The state created the CERF program in 2021 to “build an equitable and sustainable economy across California’s diverse regions and foster long-term economic resilience in the overall transition to a carbonneutral economy.” CERF requires a regional approach to determining the projects and priorities needed to support a high-road economy in each of the state’s 13 economic regions.
The CERF program includes two phases – Planning and Implementation. The Planning Phase requires each region to support a High Road Transition Collaborative (HRTC) comprised of balanced representation from labor, business, community, government, economic development, philanthropy, education, and workforce development stakeholders. The HRTC participants will work together through an inclusive process to build a long-term plan for “economic resilience and equitable pathways to high road opportunities.”
As partners, the City will be offering to support the United Way’s commitment to building an equitable and sustainable economy in California's Central San Joaquin Valley. The United Way will be engaging with various stakeholders and community members throughout our region to develop an inclusive economic development plan with financial support from California's Community Economic Resilience Fund (CERF).
With City Support, they will remain committed to the following goals, "principles of community engagement," collaborative governance structure, decision-making process, and budget a/location to support our region's efforts.
Goals of the Valley CERF Process:
• Goal 1: Build and sustain four, Local High Road Transition Collaboratives • (Tulare I Kings Counties, Fresno County, Fresno DRIVE, and Madera County) and the Regional HRTC.
• Goal 2: Implement an Outreach and Engagement Plan that centers disinvested communities as "customers" of economic and workforce development initiatives. • Goal 3: Develop the Central San Joaquin Valley Economic Recovery and Transition Plan that (1) identifies local priorities that then contribute to an equitable and sustainable regional economy; (2) addresses the CERF objectives - equity, sustainability, job quality and access, and economic competitiveness and resilience; and (3) demonstrates the potential for measurable and dramatic improvement in the region's economy, social equity, and environment. • Goal 4: Participate in the CERF community of practice to learn from and contribute to an equitable and sustainable statewide economy.
REASON FOR RECOMMENDATION:
Prior to receipt of this Award Letter, staff had been actively participating of this program. Regardless of receiving this award, staff was planning to assist the United Way and other community partners with the implementation of this program. The $10,000 award the City is anticipating to receive will help off-set the non-reimbursable staff costs the City would have expended to allow staff to assist and implement the program within the region. Typically, many of these programs don’t offer funding to assist with cost recovery of staff costs associated with implementing these types of programs.
ENVIRONMENTAL REVIEW ANALYSIS:
Not required.
FISCAL IMPACT:
The City is scheduled to receive a total of $10,000 from the United Way which will go towards reimbursement for staff time to participate and support the CERF Program. The term of this grant is from March 1, 2023 through June 30, 2024. The organization is eligible to request a 50% advance payment upon execution of this award and the remaining 50% in June 2024.
ALTERNATIVES:
The City can choose to not sign the award letter, which the City will not be eligible to receive the CERF Program funds.
ACTIONS FOLLOWING APPROVAL:
Provided Council approves the City Administrator executing the agreement, Staff will contact United Way Fresno and Madera Counties.
Attachment 1 – Resolution
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
ACCEPTING THE VALLEY COMMUNITY ECONOMIC RESILIENCE FUND (CERF) AGREEMENT
LETTER, AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE UNITED WAY FRESNO AND MADERA COUNTIES AWARD LETTER, AND AMENDING THE FISCAL YEAR 2023/24 CITY BUDGET TO ACCEPT THE $10,000 FROM UNITED WAY OF FRESNO & MADERA COUNTIES TO
HELP SUPPORT THE CERF PROGRAM
WHEREAS, on June 27, 2023, the Chowchilla City Council adopted fiscal year 2023-2024 Operating and Capital Budget with Resolution 50-23;l and, WHEREAS, the City Council acknowledges the City Council has no previous experience in the CERF Program, but would like to participate in the collaborative effort to improve economic resilience in Madera County.
WHEREAS, the City Council agrees to assist with the implementation of the four (4) goals of the Valley CERF Process:
1. Build and sustain four, Local High Road Transition Collaboratives (Tulare I Kings Counties, Fresno County, Fresno DRIVE, and Madera County) and the Regional HRTC;
2. Implement an Outreach and Engagement Plan that centers disinvested communities as "customers" of economic and workforce development initiatives;
3. Develop the Central San Joaquin Valley Economic Recovery and Transition Plan that (1) identifies local priorities that then contribute to an equitable and sustainable regional economy; (2) addresses the CERF objectives - equity, sustainability, job quality and access, and economic competitiveness and resilience; and (3) demonstrates the potential for measurable and dramatic improvement in the region's economy, social equity, and environment;
4. Participate in the CERF community of practice to learn from and contribute to an equitable and sustainable statewide economy; and,
WHEREAS, the City Council Authorizing the City Administrator to sign the Award Letter from United Way Fresno and Madera Counties (United Way) Community Economic Resilience Fund (CERF) Program in the amount of $10,000.00, the City agrees to assist to the following terms with the United Way:
1. Participate in monthly Madera County CERF local table meetings.
2. Provide input on content created within the Madera County CERF local table (I.e. the CERF plan).
3. Serve as a liaison, ambassador and champion between the Madera County CERF local table and representation of disinvested sector/stakeholder groups.
4. Support community outreach and engagement activities targeted at constituents of respective sector/stakeholder group.
5. Comply with requests for information about any activities related to the grant; and, WHEREAS, the City will deposit the $10,000.00 into 100-4705-8650 as a partial reimbursement of city expenses related to the implementation of United Way’s CERF Program.
WHEREAS, the budget adjustment will allow for deposit of funds to be allocated in described above referenced general fund to allow for said increase of appropriations.
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. Authorizes the City Administrator or designee to sign the award letter provided by the United Way regarding the CERF Program.
3. The Finance Director is authorized to make such other revisions, individual appropriation line-items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this resolution.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of December, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
Attachment 2 – Collective Partnership Agreement Letter
Attachment 3 – United Way Award Letter
REPORT TO THE CITY COUNCIL
Item 3.6
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TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution Amending the Previously Approved Amendment to the City of Chowchilla Amended Deferred Improvement Agreement Between the City of Chowchilla and Self-Help Enterprises Regarding the Development of a Pro-Rate Portion of the Remaining Subdivision Improvements for Montgomery Farms Subdivision, Phase 1, Tract 05-07
PREPARED BY: Mark E. Hamilton, Director of Community and Economic Development ATTACHMENTS: Resolution, Amendment to City of Chowchilla Amended Deferred Improvement Agreement
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE DIRECTOR ☒ RECOMMENDATION:
City Council consider approving the resolution authorizing the City Administrator to sign the Amendment to the Amended Deferred Improvement Agreement between the City of Chowchilla and Self-Help Enterprises. The proposed amendment to agreement includes the previously unknown “Master Developer” Century Communities, allowing them to be reimbursed for a pro-rata share of the expenses incurred completing the remaining improvements.
BACKGROUND:
When Montgomery Farms Subdivision was approved in 2006, the project consisted of 91 single-family lots. Over the years the 91 lots were split between two individuals; one individual owned 70 lots and the other owned the remaining 21 lots. The ownership of lots were scattered between the two owners.
While the City was in the process of submitting the PLHA grant application to purchase 21 lots, staff was informed that another developer had entered into escrow to purchase the remaining 70 lots within the subdivision. Due to their being two separate ownership groups for the development, staff needed to draft a fiscal mechanism to assist ensuring the remaining deferred improvements were installed to complete the subdivision.
In 2009, the developer completed a majority, but not all of the subdivision requirements. The developer elected to defer the remaining on and off-site improvements with a deferred improvement plan (“Deferred Improvements”).
In discussion with Self-Help Enterprises, prior to them closing escrow to purchase the lots, it was agreed a modified Deferred Improvement agreement allowing the developer of the 21 lots to be able to satisfy their requirement with either a letter of credit or deposit in the amount of $138,000. This amount was considered to be 23.09 percent of the total cost of the remaining deferred improvements.
On February 23, 2021, council approved the Deferred Improvement Agreement with Self-Help Enterprises. The deferred agreement allowed Self-Help Enterprises to begin the process of working with the developer regarding the implementation of the remaining improvements. With the approval of the agreement, it established a reimbursement amount and percentage Self-Help Enterprises would be responsible to deposit with the City.
On April 13, 2021, council approved the Amended the Deferred Improvement Agreement with SelfHelp Enterprises. However, there was an error stated within Section 2 of the agreement. The agreement stated the funds would be reimbursed to Self-Help Enterprises. When in actuality the funds deposited by Self-Help Enterprises should have been released to the future master developer.
In this case the master developer, Century Communities, was the developer that completed the remaining Infrastructure Improvements. Upon completion of the remaining project improvements, Century Communities notified the City requesting for the deposited funds to be released to them.
However, the agreement was written in such a way that the funds would not be released Century Communities, but instead released back to Self-Help Enterprises.
In discussing staff findings and realization with representatives from Self-Help Enterprises and Century Communities, it was agreed the best course to correct the error was to amend the amended agreement. The amendment would correctly change the recipient for the funds from Self-Help Enterprises to the Master Developer, Century Communities.
REASON FOR RECOMMENDATION:
The proposed modification presented doesn’t modify the key terms or fiscal responsibility previously approved agreement. As previously negotiated, Self-Help Enterprises deposited the agreed amount for the improvements of $138,000, which is currently being held by the City. The proposed modification presented only changes the recipient of the deposited funds from Self-Help Enterprises to Century Communities.
FISCAL IMPACT:
The funds deposited to the City of Chowchilla have been held in 100-0200-0428 under Deposits on Hold. Upon approval of the agreement, the City will release the funds in the amount of $138,000.00 to Century Communities, the projects Master Developer.
ALTERNATIVES:
1. Continue the consideration of the item to a future City Council meeting (date and time to be specified in City Council motion).
2. Approve, subject to other than recommended by staff (identify specific findings and/or conditions amended; or, to be addressed in City Council motion); or,
3. Deny; or,
4. Refer to City Staff for reconsideration of specific items to be addressed in City Council motion.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING AMENDING THE PREVIOUSLY APPROVED AMENDMENT TO CITY OF
CHOWCHILLA AMENDED DEFERRED IMPROVEMENT AGREEMENT BETWEEN THE
CITY OF CHOWCHILLA AND SELF-HELP ENTERPRISES REGARDING THE
DEVELOPMENT OF A PRO-RATE PORTION OF THE REMAINING SUBDIVISION IMPROVEMENTS FOR MONTGOMERY FARMS SUBDIVISION, PHASE 1, TRACT 05-07 WHEREAS, on April 13, 2021, the Chowchilla City Council adopted the City of Chowchilla Amended the Deferred Improvement Agreement with Self-Help Enterprises; and, WHEREAS, the Amended the Deferred Improvement Agreement adopted on April 13, 2021, did not identify the Master Developer for the Montgomery Farms Subdivision, Phase 1, Tract 05- 07; and,
WHEREAS, the City will be executing an Amendment to the City of Chowchilla Amended the Deferred Improvement Agreement with Self-Help Enterprises regarding the recipient of the deposited funds received from Self-Help Enterprises.
WHEREAS, the recipient of the deposited funds would be released to Century Communities, reimbursing them a pro-rata share of the costs expended to construct the remaining Deferred Improvements for the Montgomery Farms Subdivision, Phase 1, Tract 05-07; and, WHEREAS, the Amended the Deferred Improvement Agreement incorrectly directed staff to release the funds deposited by Self-Help Enterprises back to Self-Help Enterprises; and, WHEREAS, the Amended the Deferred Improvement Agreement directed staff to release the funds deposited by Self-Help Enterprises back to Self-Help Enterprises; and, WHEREAS, the Amended the Deferred Improvement Agreement did not identify the Master Developer responsible for completing the remaining Deferred Improvements for the Montgomery Farms Subdivision, Phase 1, Tract 05-07;
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. Authorizes the City Administrator to sign the Amended the Deferred Improvement Agreement on behalf of the City of Chowchilla.
3. The City Council hereby approves the Amendment to the Amended Deferred Improvement Agreement between the City of Chowchilla and Self-Help Enterprises, identifying Century Communities as the projects Master Developer.
4. The City Council hereby approves the Amendment to the Amended Deferred Improvement Agreement between the City of Chowchilla and Self-Help Enterprises changing the recipient of the deposited funds. Section 2 of the Amended Agreement was changed to identify the funds would be released to the Master Developer, Century Communities.
5. The Finance Director is authorized to release the $138,000.00 deposited by Self-Help Enterprises to the Master Developer for this project, Century Communities.
6. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of December, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
RECORDING REQUESTED BY
City of Chowchilla
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chowchilla
130 South Second Street
Civic Center Plaza
Chowchilla, CA 93610
No Fee Gov. Code, § 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
AMENDMENT TO CITY OF CHOWCHILLA AMENDED DEFERRED IMPROVEMENT AGREEMENT FOR A PORTION OF MONTGOMERY FARMS, PHASE I, TRACT 05-07 This Amendment to the April 13, 2021, City of Chowchilla Amended Deferred Improvement Agreement for a Portion of Montgomery Farms, Phase I, Tract 05-07 (“Amendment”), is made and entered into this 12th of December, 2023, by and between the City of Chowchilla, a municipal corporation of the State of California (“City”), and Self-Help Enterprises, a California corporation (“Developer”), hereinafter collectively referred to as the “Parties” and individually as a “Party.” WHEREAS, the legal description of the real property subject to this Amendment is as follows:
Real property in the City of Chowchilla, County of Madera, State of California, described as follows: LOTS 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 58, AS SHOWN ON THE MAP ENTITLED TRACT 05-07 MONTGOMERY FARMS – PHASE I, FILED FOR RECORD ON AUGUST 9, 2006 IN BOOK 56 OF MAPS, AT PAGES 52-59, AMENDED BY CERTIFICATE OF CORRECTION RECORDED JANUARY 12, 2007 AS INSTRUMENT NO. 2007001810, MADERA COUNTY RECORDS.
WHEREAS, pursuant to the Subdivision Agreements for Montgomery Farms, Phase I, Tract 05- 07, recorded at the Madera County Recorder’s office in the City of Chowchilla on December 4, 2002 as document number 2002042865, and on August 9, 2006, as document number 2006034873, Developer’s predecessors in interest were obligated to complete certain on and off-site improvements on the Real Property in accordance with approved plans and specifications.
WHEREAS, pursuant to the Agreement Granting Lien Securing Performance of Warranty recorded on April 30, 2009 as document number 2009014135 (“Warranty Lien”) and the Deferred Improvement Agreement recorded on April 30, 2009 as document number 2009014137, Developer’s predecessors in interest, after completing some improvements required under paragraph 1.2, were required to complete deferred on and off-site improvements in accordance with a deferred improvement plan (“Deferred Improvements”). The City secured the completion of the Deferred Improvements with the Warranty Lien.
WHEREAS, the Real Property contains 91 subdivided lots. Developer has purchased 21 of the 91 subdivided lots, or 23.08 percent of the total subdivided lots, and more specifically lots 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, and 58 (“Developer Parcels”). The remaining 70 lots will be developed by a different legal entity, unrelated to the Developer, and they will be responsible for the balance of the improvements (“Master Developer”).
WHEREAS, the City of Chowchilla Amended Deferred Improvement Agreement for a Portion of Montgomery Farms, Phase I, Tract 05-07 (“Agreement”) required the Developer to complete the Deferred Improvements relating to the Developer Parcels and provide City a deposit in the amount of $138,000.00.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein it is mutually agreed as follows:
1. Amended Provision. The Original Agreement is amended and supplemented by the bolded language as follows:
Section 2. Deferment of Improvement. City agrees to allow Developer to defer construction of the Deferred Improvements.
Developer shall construct, or by its contractors and agents cause to construct, the Deferred Improvements with completion thereof prior to the completion of and the issuance of an occupancy permit for the first residential unit located within Phase I but in no event later than December 1, 2022, unless the City agrees in writing in writing to extend this deadline.
The Developer shall have the ability to coordinate construction of the pro-rata share of improvements with the Master Developer. Upon completion of said pro-rata share of improvements, the full amount of funds deposited pursuant to 1.6 shall be released by the City to the Master Developer (Century Communities) upon acceptance of previously described improvements within the Montgomery Farms Subdivision Agreement (attached). Release of funds shall be solely based upon completion of said pro-rata share of said improvements, which will not be unreasonably withheld.
2. Inconsistency. If there is a conflict between this Amendment and the Original Agreement, the terms of this Amendment will govern.
3. Agreement Continuance. Except as expressly modified and supplemented by this Amendment, all other terms and conditions in the Original Agreement remain in full force and effect and continue to bind the Parties.
4. Counterparts; Electronic Signatures.
a. Counterparts. The Parties may execute this Amendment in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
b. Electronic Signatures. This Amendment, agreements ancillary to this Amendment, and related documents entered into in connection with this Amendment may be signed when a Party’s signature is delivered by facsimile, email, or a digital signature complying with California Government Code section 16.5 is applied.
These signatures must be treated in all respects as having the same force and effect as original signatures.
5. Effective Date. This Amendment will become effective when all Parties have signed it.
The date this Amendment is signed by the last Party to sign it (as indicated by the date associated with the Party’s signature) will be deemed the date of this Amendment.
6. Necessary Act and Further Assurances. Each Party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this Amendment contemplates or to evidence or carry out the intent and purpose of this Amendment.
7. Warrant of Authority. Each of the persons signing this Amendment represents and warrants that such person has been duly authorized to sign this Amendment on behalf of the Party indicated, and each of the Parties by signing this Amendment warrants and represents that such Party is legally authorized and entitled to enter into this Amendment.
Now, therefore, the City and Developer have executed this Amendment on the date(s) set forth below.
DEVELOPER CITY OF CHOWCHILLA
By: ________________________________ By: ________________________________ [NAME] [TITLE] Rod Pruett
Self Help Enterprises City Administrator
Exhibit A: The April 13, 2021, City of Chowchilla Amended Deferred Improvement Agreement
REPORT TO THE CITY COUNCIL
Item 3.7
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration and Adoption of an Employer-Employee-Relations Resolution Containing Reasonable Rules and Regulations Governing the Administration of Employer-Employee Relations Between the City and its Recognized Employee Organizations
PREPARED BY: Mary Lerner, City Attorney
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Adopt the attached Employer-Employee-Relations Resolution (“EERR” or “Local Rules”).
BACKGROUND:
The Meyers-Milias-Brown Act (“MMBA”), Government Code section 3500 et seq., authorizes cities, and other public agencies subject to the MMBA, to adopt an EERR, which contains reasonable rules and regulations governing the administration of employer-employee relations with their recognized employee organizations.
Local Rules typically address topics such as bargaining unit formation, modification, and decertification.
They also address aspects of the collective bargaining process. If a city does not adopt an EERR, it must follow the Public Employment Relations Board’s (“PERB”) rules, regulations, and processes. Cities must consult in good faith with their recognized employee organizations before adopting Local Rules.
Earlier this year, the City Attorney provided notice of the proposed EERR to the City’s recognized employee organizations, Chowchilla City Employees Association, Chowchilla City Office Employees Association, and Chowchilla City Police Officers Association. The City attorney also consulted in good faith with representatives of each Association and revised the proposed EERR based on those consultations. The Associations support adoption of the EERR.
REASON FOR RECOMMENDATION:
Adopting Local Rules will allow the City to decide bargaining unit determination issues locally. Also, the City has little control over how long PERB processes take to complete. Thus, adopting Local Rules will allow the City to better control how long it takes to complete bargaining unit processes.
FINANCIAL IMPACT:
None.
ALTERNATIVES:
Pull the item for further discussion.
ACTIONS FOLLOWING APPROVAL:
Upon approval by Council, clerk to provide the City Attorney and the City’s HR Manager with a copy of the signed resolution.
1 COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
ESTABLISHING EMPLOYER-EMPLOYEE RELATIONS RULES AND REGULATIONS WHEREAS, the Meyers-Milias-Brown Act (“MMBA”), Government Code section 3500 et seq., authorizes the City of Chowchilla to adopt reasonable rules and regulations governing the administration of employer-employee relations after consulting in good faith with its recognized employee organizations; and
WHEREAS, the City Council of the City of Chowchilla has determined that it is in the best interest of the City and its recognized employee organizations to adopt reasonable rules and regulations governing the administration of employer-employee relations; and WHEREAS, the City has consulted in good faith with its recognized employee organizations concerning the rules and regulations in this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chowchilla that the following rules and regulations for the administration of employer-employee relations between the City and its recognized employee organizations are hereby adopted.
Article I -- General Provisions
Sec. 1. Statement of Purpose:
This Resolution provides reasonable rules and regulations for the administration of employer-employee relations between the City and its employee organizations. Nothing contained herein shall be deemed to supersede state law, ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer-employee relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City.
It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: the exclusive right to determine the mission of its departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications;; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
Sec. 2. Definitions:
As used in this Resolution, the following terms shall have the meanings indicated:
2 a. "Appropriate unit" means a unit of employee classes or positions, established pursuant to Article II hereof.
b. "Certification" means the process and act of recognizing an employee organization to act as the exclusive representative for an appropriate bargaining unit. c. "City" means the City of Chowchilla, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. d. "Confidential Employee" means an employee who, in the regular course of his or her usual duties, has regular access to confidential information that is used to contribute to the development of management positions relating to employer-employee relations. e. "Consult/Consultation in Good Faith" means to communicate orally or in writing with all effected employee organizations, whether exclusively recognized or not, for the purpose of presenting and obtaining views or advising of proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof. f. "Day" means calendar day unless otherwise noted.
g. "Decertification" means the process and act of rescinding the rights of a recognized employee organization to act as the exclusive representative for an appropriate bargaining unit. h. "Employee" means a person employed by the City excluding people elected by popular vote, volunteers or those appointed to serve on boards, commissions by the Mayor or the Council. i. "Employee Relations Officer" means the City Manager or his/her authorized designee. j. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing employees in an appropriate unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. k. "Impasse" means that the representatives of the City and an Exclusively Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters within the scope of representation, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
l. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. m. "Meet and Confer" means that the City or such representatives as it may designate, and representatives of Exclusively Recognized Employee Organizations shall have the mutual obligation to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange information, opinions and proposals to endeavor to reach agreement on matter within the scope of representation prior to the adoption by the public agency of it final budget for the ensuing year. The process should include adequate time for the resolution of impasses where specific procedures for such resolution are contained in local rule, regulation or ordinance, or when such procedures are utilized by mutual consent. 3 n. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder. Any dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization, except that the only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. o. "Scope of representation" means all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours and other terms and conditions of employment. However, the scope of representation shall not include consideration of the merits, necessity of organization of any service or activity provided by law or administrative order. Also, it shall not include any matter set forth in management rights clauses found in Memoranda of Understanding or the City’s Personnel Rules and Regulations. p. "Supervisory Employee" means an employee who participates in recommendations regarding hiring, transfers, suspensions, lay-offs, recall, promotions, discharges, assignments, rewards, or disciplining other employees, or is responsible for directing them or adjusting their grievances, or recommending such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Article II -- Representation Proceedings
Sec. 3. Filing of Recognition Petition by Employee Organization:
An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
a. Name and address of the employee organization.
b. Names and titles of its officers.
c. Names of employee organization representatives who are authorized to speak on behalf of the organization.
d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and bylaws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
4 h. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition.
i. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of employees therein.
A statement that the employee organization has in its possession proof of employee support as herein defined to establish that at least thirty (30) percent of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.
Sec. 4. City Response to Recognition Petition:
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unit is an appropriate unit in accordance with Sec. 8 of this Article II.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, s/he shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Sec. 12 of this Article II.
Sec. 5. Open Period for Filing Challenging Petition:
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the appropriate unit or units, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 8 of this Article II. The petitioning 5 employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 12 of this Article II.
Sec. 6. Granting Recognition Without an Election:
If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit.
Sec. 7. Election Procedure:
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution.
All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election.
In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a runoff election.
There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit.
If the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service.
The cost of conducting an election, if any, shall be borne in equal shares by the City and by each employee organization appearing on the ballot.
Sec. 8. Procedure for Decertification of Exclusively Recognized Employee Organization:
A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year 6 following the first full year of recognition or during the thirty (30) calendar day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. c. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.
d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. Proof of support shall remain confidential and not be disclosed to any other party other than the petitioning employee organization, except to indicate whether the proof of support was at least 30%.
An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under this Section 8, and otherwise conforms to the requirements of Section III of this Article.
An Employee may revoke support previously provided to a petitioning employee organization by submitting a statement (in physical or electronic form) to the Employee Relations Officer that clearly demonstrates the intent of the employee to withdraw support for the employee organization. An employee must provide any revocation statement to the Employee Relations Officer within 30 days of the filing of any petition for which the employee’s original authorization was used. For intervenor petitions, an employee must provide revocation statement to the Employee Relations Officer within 10 days of the filing of any intervenor petition for which the employee’s original authorization was used. The revocation statement must clearly set forth the intent of the employee with respect to no longer seeking to be represented by the employee organization, to whom the employee had previously submitted signed proof of support.
Revocation statements shall remain confidential and not be disclosed by the City to any other party, including other employee organizations, except to indicate to the employee whether the materials constituted sufficient revocation of the employee’s previous support for the petitioning employee organization. The Employee Relations Officer or mutually agreed upon disinterested third party shall not include the employee(s)’ original authorization in the tabulation of the numbers of employees needed for an initial petition for recognition or intervenor petition.
The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, s/he shall offer to consult thereon with the representative(s) of such petitioning 7 employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 12 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his/her negative determination is reversed on appeal, s/he shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 7 of this Article II.
During the "open period" specified in the first paragraph of this Sec. 8, the Employee Relations Officer may on his/her own motion, when s/he has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that s/he will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Sec. 8, which the Employee Relations Officer shall act on in accordance with this Sec. 8.
If, pursuant to this Sec. 8, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.
Sec. 9. Policy and Standards for Determination of Appropriate Units:
The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.
b. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
c. Consistency with the organizational patterns of the City. d. Effect of differing legally mandated impasse resolution procedures. e. Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.
f. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units. 8 Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and confidential employees may only be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees.
Peace Officers may be required to be represented in separate units composed solely of such peace officers. These units shall not be represented by an organization that, directly or indirectly, is subordinate to any other employee organization which includes non-peace officers.
The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the Employee Relations Officer shall be subject to appeal as provided in Section 12 of this Article.
Sec. 10. Procedure for Modification of Established Appropriate Units:
Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 8 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article II, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 9 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II.
The Employee Relations Officer may by his/her own motion propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 9 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 12 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof.
Sec. 11. Procedure for Processing Severance Requests:
An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in Sec. 10 for modification requests.
Sec. 12. Appeals:
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee 9 Relations Officer that a Recognition Petition (Sec. 3), Challenging Petition (Sec. 5), Decertification Petition (Sec. 8), Unit Modification Petition (Sec. 10), Severance Petition (Sec. 11), or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Sec. 8), has not been filed in compliance with the applicable provisions of this Article, may, within ten (10) days of notice of the Employee Relations Officer's final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of mediation proceedings, whichever is later.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding. Any costs for a third party hearing process shall be borne by the City.
Article III -- Administration.
Sec. 13. Submission of Current Information by Recognized Employee Organizations:
All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (a.) through (h.) of its Recognized Petition under Sec. 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change.
Sec. 14. Employee Organization Activities (Use of City Resources):
Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship, and shall not interfere with the efficiency, safety and security of City operations.
Sec. 15. Administrative Rules and Procedures:
The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations.
Article IV -- Impasse Procedures.
Sec. 16. Initiation of Impasse Procedures:
If the meet and confer process has reached impasse as defined in Section 2 of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:
10 a. To determine if impasse exists; and
b. To review and clarify the position of the parties on the matters at impasse; c. To explore the possibility of reaching agreement on any disputed matters within the scope of representation; and
d. If an impasse exists, and the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.
Sec. 17. Impasse Procedures:
If agreement is not reached at the impasse meeting, the parties shall pursue the impasse procedures in the order set forth in this section, provided, however, that by mutual consent the parties may bypass any of these procedures:
a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. If the parties mutually agree to submit the dispute to mediation, a request shall be made to the California State Mediation and Conciliation Service or an agreed upon alternate agency or individual to provide mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
b. If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or if the parties are unable to resolve the dispute through mediation, either party may request to submit the impasse to fact-finding.
If the parties submit the matter to fact-finding, they may agree on the appointment of one or more fact-finders. If they fail to so agree on one or more fact-finders, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, one member shall be appointed by the Exclusively Recognized Employee Organization, and those two shall name a third, who shall be the chairperson. If they are unable to agree upon a third, they shall request a “strike” list of seven (7) names of individuals with fact-finding experience in matters involving public sector employees who perform services similar to those performed by the employees involved in the matter at impasse from the California State Mediation and Conciliation Service.
The following constitute the jurisdictional and procedural requirements for fact-finding:
(1) The fact-finders shall consider and be guided by applicable federal and state laws. (2) Subject to the stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their findings and recommendations:
a. First, as relevant to the issues in dispute, the fact-finders shall compare the total compensation, hours and conditions of employment of the employees involved in the fact-finding proceeding with the total compensation, hours and conditions of employment of other employees performing similar services in public and private employment in the same and comparable communities.
11 b. Where appropriate, the fact-finders shall then adjust the results of the above comparisons based on the following factors:
(i) The compensation necessary to recruit and retain qualified personnel. (ii) Maintaining compensation relationships between job classifications and positions within the City.
(iii) The pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the pattern of change in the Consumer Price Index (U.S. Bureau of Labor Standards), and the pattern of change in wages and compensation of other wage earners.
c. The fact-finder(s) shall then determine preliminary recommendations based on the comparisons as adjusted above which, however, shall be reduced as appropriate based on the financial resources of the City to implement them. In assessing the City's financial resources, the fact-finder(s) shall consider the following:
(i) Other legislatively determined and projected demands on agency resources, i.e., budgetary priorities as established by the governing body; and (ii) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); and (iii) Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s); and
(iv) Assurance of sufficient and sound budgetary reserves; and (v) Constitutional, statutory limitations on the level and use of revenues and expenditures.
(3) The fact-finders shall make written findings of fact, and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization.
If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the fact-finder or the chairperson of the fact-finding panel shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council's legislative consideration of the impasse.
Consistent with any procedures required by law, if the parties did not submit the matter to mediation and did not agree on fact-finding, or having so agreed, the impasse has not been resolved, the City Council may take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding.
Sec. 18. Costs of Impasse Procedures:
12 The cost for the services of a mediator and fact-finder or chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and Exclusively Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party.
Article V -- Miscellaneous Provisions
Sec. 19. Construction:
This Resolution shall be administered and construed as follows:
(a) Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by federal or state law.
(b) This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I.
Sec. 20. Severability:
If any provision of this Resolution, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of December, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: New Business
SUBJECT: Adoption of a Resolution Awarding the Bid for Construction: Prop 68 Grant Project – Pickleball Courts at Edward Ray Park to JT2 Inc. dba Todd Companies in the Amount of $192,750, Authorizing the City Administrator or Designee to Execute all Related documents and Amending the Fiscal Year 2023/24 City Budget
PREPARED BY: Noel Azevedo, Administrative Analyst
APPROVED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Resolution, ITB Response
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
City Council approve a resolution to authorize the City Administrator or designee to execute an agreement with JT2 Inc. dba Todd Companies for the Construction: Prop 68 Grant Project – Pickleball Courts Construction at Edward Ray Park Project.
BACKGROUND:
The City of Chowchilla solicited an Invitation for Bid (IFB) #2024-IFB-020 for Pickleball Courts Construction at Edward Ray Park Project on September 14, 2023. This project will include new construction of reinforced pickleball courts with surfacing, lighting and electrical, benches and garbage receptacles.
On October 19, 2023 at 3:00 PM, IFB #2024-IFB-020 was closed at which time nine (9) bids were received.
OpenGov Procurement:
Project View Count: 511
Followers: 30
Downloaders: 48
Applicants: 11
Submissions: 9
REASON FOR RECOMMENDATION:
Upon analysis of the bids submitted, staff recommends awarding JT2 Inc. dba Todd Companies the agreement as the lowest, responsive bidder.
Contractor Total Bid Price
JT2 Inc. dba Todd Companies $192,750.00
Green Constructors California Inc $199,420.00
Alliance Construction Solutions, Inc. $226,000.00
Heavy Road & Rail, Inc. $246,384.00
Taylor Backhoe Service Inc dba TBS Contractors $250,186.90 ARES Eng. LLC $260,164.00
Diede Construction Inc. $276,511.00
Flex Pro Inc $289,791.92
Boyle Electric $310,872.00
FISCAL IMPACT:
Total funding for the project for all fiscal years is as follows:
Funding Source Cost
Grant: Prop 68 $177,952
TOTAL $177,952
Total estimated costs for the project for all fiscal years is as follows:
Description Cost
Construction $192,750
Contingency, 10% $19,275
Planning, Design, Construction Management/Inspection $55,230 TOTAL $267,255
Including contingency, the bids received are in excess of the grant funds in the amount of $89,303. As a result, it is recommended that Park Development Impact Fees be used to cover the additional costs. An adequate fund balance is available in the Park Development Impact Fee Fund to allow for said increase of appropriations.
Funding Source Cost
Grant: Prop 68 $177,952
Park Development Impact Fees $89,303
TOTAL $267,255
ALTERNATIVES:
The City Council does not accept bid results.
ACTIONS FOLLOWING APPROVAL:
1. The resolution and budget amendments will be sent to the Finance Department for inclusion into the FY 23/24 Budget.
2. The City Administrator or Designee enters into an agreement with JT2 Inc. dba Todd Companies.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AWARDING THE BID CONSTRUCTION: PROP 68 GRANT PROJECT – PICKLEBALL COURTS AT EDWARD RAY PARK TO JT2 INC. DBA TODD COMPANIES IN THE AMOUNT OF $192,750,
AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS AND AMENDING THE FISCAL YEAR 2023/24 CITY BUDGET WHEREAS, the City of Chowchilla does not currently have a contractor for the Construction:
Prop 68 Grant Project – Pickleball Courts at Edward Ray Park Project; and WHEREAS, the City of Chowchilla prepared an invitation for bids for qualified building contractors to install reinforced pickleball courts with surfacing, lighting and electrical, bench and garbage receptacle located in Chowchilla, California; and
WHEREAS, nine (9) bids were received and opened at City Hall on October 19, 2023 by the City Clerk; and
WHEREAS, JT2 Inc. dba Todd Companies submitted the lowest responsible and responsive bid; and
WHEREAS, the city will enter an agreement with JT2 Inc. dba Todd Companies; and WHEREAS, on June 27, 2023, the Chowchilla City Council adopted fiscal year 2023-2024 Operating and Capital Budget with Resolution #50-23; and WHEREAS, per Resolution #70-16, Item #5 and Item #6 states, authority to increase appropriations within a fund by an amount not to exceed $50,000 shall rest with the City Administrator and Authority to transfer appropriations between funds will be represented by resolutions duly approved by the City Council; and
WHEREAS, the budget transfers between funds and the budget amendment exceeds $50,000 and requires City Council approval; and
WHEREAS, Expenditure and transfer accounts will need to be amended within the Project budget, Parks Development Impact Fee Fund budgets in the amount of $89,303 for the Prop 68 Grant Project – Pickleball Courts at Edward Ray Park Project; and
WHEREAS, An adequate fund balance is available in said Funds to allow for said increase of appropriations.
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. Awards the IFB #2024-IFB-020 for Pickleball Courts Construction at Edward Ray Park Project to JT2 Inc. dba Todd Companies.
3. Authorizes the City Administrator or designee to execute all documents necessary to complete the service on behalf of the City of Chowchilla.
1. The Finance Director is authorized to make such other revisions, individual appropriation line-items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this resolution.
2. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of December, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
REPORT TO THE CITY COUNCIL
Item 6.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: New Business
SUBJECT: Consideration and Adoption of a City Council Resolution Authorizing the City to Enter into an Agreement for Professional Services with Madera County Transportation Commission (MCTC) for the Regional Early Action Planning (REAP) 1.0 Grants Program, and Amending the Fiscal Year 2023/24 City Budget to Allow for the Implementation of the REAP 1.0 Program PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: 1. Resolution
2. Master Agreement with MCTC
3. MCTC REAP Program Guidelines
4. MCTC REAP Program Application
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends Council consider approving the resolution authorizing the City Administrator to enter into a Master Agreement with MCTC. The agreement authorizes MCTC as a recipient of these grant funds under the Valley-wide MOU for use the grant funds (hereinafter REAP Funds) to sub-allocate approximately $23,722 to the City of Chowchilla for a qualifying REAP project(s) with the submittal of qualifying Grant Application to MCTC.
BACKGROUND:
The 2019-20 California State Budget Act allocated $250 million for all regions, cities, and counties in the State for prioritizing planning activities that accelerate housing production to meet identified needs of every community. With this allocation, the California Department of Housing and Community Development (HCD) established the Regional Early Action Planning Grant Program (REAP) with $125 million to regions. REAP provides one-time grant funding to regional governments and regional entities for planning activities that will accelerate housing production and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation (RHNA).
A total of $18,975,323 in REAP grant funds are available to the eight San Joaquin Valley Regional Transportation Planning Agencies (SJV RTPAs). The SJV RTPAs received two disbursements totaling $10.2 million. The Madera County Transportation Commission (MCTC) is anticipated to receive a total of $492,009 for REAP activities (subject to change). To date, MCTC has received $297,885.65 for Phase I, of which $55,176.27 was set aside for administration and RHNA development support. The remaining $242,709.38 was used for the MCTC Housing Planning Program Consulting Services for MCTC member agencies.
Previously, the County, City of Madera, and City of Chowchilla agreed to spend 50% of the REAP 1.0 funding to prepare the AFFH portion of their Housing Elements (referred to as Phase I) which has been completed. With Phase I now being completed, MCTC is encouraging City’s to submit REAP program applications and executed Master Agreements to MCTC, referred to as Phase II. Phase II allows various jurisdictions to submit applications to requesting to use these funds for eligible projects.
REASON FOR RECOMMENDATION:
In July, the City entered into an agreement with Precision Engineering to assist with completing the City’s 2024-2032 Housing Element. With the list of eligible REAP 1.0 activities and in speaking with MCTC Staff, the City would be able to use the $23,722 REAP 1.0 allocation to reimburse the City for a portion of the $200,000 the City budgeted to complete the Housing Element. Currently, the City has spent $89,329.55 of the amount budgeted for the Housing Element project, with $110,670.45 remaining to be expended.
ENVIRONMENTAL REVIEW ANALYSIS:
Not required.
FISCAL IMPACT:
While the City was allocated to receive $23,722 of Reap 1.0 Funds through Phase II from MCTC. The City would receive the first half of the of the allocation in the amount of $11,861 at this time. The City will be eligible to receive the remaining balance of Phase Two funding when it becomes available. The City will only be allowed to submit reimbursement requests for expenses occurring after the execution of this agreement with MCTC.
ALTERNATIVES:
The City can choose to not sign the Master Agreement, which the City will not be eligible to receive the allocated REAP 1.0 Phase II grant funds from MCTC.
ACTIONS FOLLOWING APPROVAL:
Provided Council approves the City Administrator executing the agreement, Staff will contact MCTC.
COUNCIL RESOLUTION # -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES
WITH MADERA COUNTY TRANSPORTATION COMMISSION (MCTC) FOR THE REGIONAL EARLY ACTION PLANNING (REAP) 1.0 GRANTS PROGRAM, AND AMENDING THE FISCAL YEAR 2023/24 CITY BUDGET TO ALLOW FOR THE IMPLEMENTATION OF THE REAP 1.0 PROGRAM WHEREAS, on June 27, 2023 the Chowchilla City Council adopted fiscal year 2023-2024 Operating and Capital Budget with Resolution #50-23; and, WHEREAS, the City will be executing a Master Agreement for Profession Services utilizing the services of Madera County Transportation Commission (MCTC) to provide services associated with the implementation of grant funds within the community for the REAP 1.0 Program; and, WHEREAS, the Master Agreement with the City is being considered after MCTC assisted the City with securing the REAP 1.0 Grant from the California Department of Housing and Community Development (HCD); and,
WHEREAS, staff's belief is that MCTC’s knowledge and ability to assist the City with the implementation of the REAP Program, and as such, staff recommends that the Council award the agreement to assist the City with the implementation of its REAP Programs; and WHEREAS, a scope of services for the provision of activity delivery tasks is outlined in the Subrecipient Agreement, which is attached hereto and incorporate herein the Master Agreement, with the term of the Agreement extending from the Effective Date for this agreement through June 30, 2024; and WHEREAS, a new Special Fund is created to allow for Revenues and Expenditures for the REAP
1.0 Program in the amount of $23,722.00. The City would receive the first half of the of the allocation in the amount of $11,861 at this time. The City will be eligible to receive the remaining balance of Phase Two funding becomes available. The City will only be allowed to submit reimbursement requests for expenses occurring after the execution of this agreement with MCTC., and WHEREAS, Expenditure and Revenue accounts will need to be created within a Special Revenue Fund in the amount of $23,722.00 to allow for the financial implementation of the REAP 1.0 Program.
WHEREAS, the budget adjustment will allow for adequate funds to be allocated in described above referenced special fund to allow for said increase of appropriations.
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. Authorizes the City Administrator or designee to execute all documents necessary to complete the service on behalf of the City of Chowchilla.
3. The Finance Director is authorized to make such other revisions, individual appropriation line-items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this resolution.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 12th day of December, 2023 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Ray Barragan
ATTEST:
Joann McClendon, CMC
City Clerk
MASTER AGREEMENT BETWEEN THE MADERA COUNTY TRANSPORTATION
COMMISSION AND THE CITY OF CHOWCHILLA FOR THE REGIONAL EARLY ACTION PLANNING (REAP) 1.0 GRANTS PROGRAM
This grant funding agreement is made on December 12, 2023 by and between the City of Chowchilla, a public body, hereinafter referred to as “Recipient,” and the Madera County Transportation Commission, hereinafter referred to as “MCTC.”
WHEREAS, the California Department of Housing and Community Development (HCD) has provided grant funds through the Regional Early Action Planning (REAP) Program; and WHEREAS, MCTC is a recipient of these grant funds under the Valley-wide MOU; and WHEREAS, the MCTC is authorized to use the grant funds (hereinafter REAP Funds) to assist local agencies, including sub-allocation, to promote projects which otherwise qualify for REAP funds; and WHEREAS, the Recipient has submitted a Grant Application, which is attached hereto as Exhibit A and incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The MCTC agrees to allocate REAP Funds paid to MCTC under the Memorandum of Understanding between Fresno Council of Governments and the State of California Department of Housing and Community Development.
2. Grant funds cannot be disbursed until this Agreement has been fully executed.
3. The Recipient agrees to use REAP Funds only for the REAP eligible project(s) described in Exhibit A.
4. The projects described in Exhibit A, and the amounts allocated therefore, may be amended from time to time without changing the rest of this Master Agreement.
5. The Recipient agrees to reimburse funds back to MCTC if it is determined that REAP Funds were used for ineligible projects.
6. The MCTC agrees to reimburse the Recipient within 30 days of receipt of an accurately completed claim form from the Recipient. The Recipient shall be reimbursed for actual incurred costs that are supported with documentation.
7. The Recipient agrees to cause the completion of the project(s) by June 30, 2024. Failure to complete the project(s) on a timely basis shall allow MCTC to refuse reimbursement and to reprogram such funds for other purposes.
8. The Recipient must bill based on clear deliverables outlined in the Agreement or budget timeline. Only approved and eligible costs incurred for work after the date of an executed agreement with MCTC are eligible.
9. Work must be completed prior to requesting reimbursement.
10. Project invoices will be submitted to MCTC by the Recipient on a monthly basis.
11. Supporting documentation may include, but is not limited to: receipts, progress payments, subcontractor invoices, time cards, etc.
12. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. MCTC may withhold 10 percent of the grant until grant terms have been fulfilled.
13. The Recipient must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required.
14. The Recipient shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records or expenditures incurred during the course of the project, in accordance with generally accepted accounting principles.
15. The Recipient agrees that MCTC or designated representative shall have the right to review and copy any records and supporting documentation pertaining to the performance of the Agreement.
16. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.
17. At any time during the term of the Agreement, MCTC or HCD may perform, or cause to be performed, a financial audit of any and all phases of the award. At MCTC’s or HCD’s request, the Recipient shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during project implementation and over the project life.
18. MCTC or HCD may request additional information, as needed, to meet other applicable audit requirements.
19. MCTC or HCD may monitor expenditures and activities of an applicant, as deemed necessary, to ensure compliance with Program requirements.
20. Subcontractors employed by the Recipient and paid with moneys under the terms of this Agreement shall be responsible for maintaining accounting records as specified above.
REPORTING
1. The Recipient will be responsible for compiling and submitting all invoices and reporting documents. Recipients will submit for reimbursements to MCTC based on actual costs incurred.
2. The Recipient agrees to submit a quarterly report to MCTC describing the progress towards completion for all project(s) listed in Exhibit A. The reports should describe the work that has been completed, and a copy of any project deliverables.
REMEDIES OF NON-PERFORMANCE
1. In the event that it is determined, at the sole discretion of MCTC or HCD, that the Recipient is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from MCTC or HCD to stop work, the Recipient shall cease all work under the Agreement.
MCTC or HCD has the discretion to determine that the Recipient meets the terms and conditions after a stop work order, and to deliver a written notice to the Recipient to resume work under the Agreement.
2. Both the Recipient and MCTC have the right to terminate the Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the Recipient or MCTC to rectify any deficiency(ies) prior to the early termination date. The Recipient shall submit any requested documents to MCTC within 30 days of the early termination notice.
3. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt the completed planning document. Localities that do not formally adopt the funded activity could be subject to repayment of the grant.
4. MCTC or HCD may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with Program requirements (Health and Safety Code Section 50515.04(e).
ACCOUNTING SYSTEM
Recipient, its contractors and subcontractors, shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment claims.
RIGHT TO AUDIT
For the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement, the Recipient, its contractors and subcontractors each agrees to grant the State and/or the MCTC auditors’ access to the Recipient’s books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including but not limited to, the costs of administering those various contracts. All documents shall be made available for inspection by authorized State or MCTC agents at any time during project development and for a four-year period from date of completion of project or one year after the audit is completed or waived by the State, whichever is later.
TRAVEL AND SUBSISTENCE
Payments to contractors and subcontractors for travel and subsistence expenses of Recipient forces and/or its contractors or subcontractors, claimed for reimbursement or applied as local match credit, shall not exceed rates authorized to be paid exempt non-represented State employees under current State of California Department of Human Resources (CalHR) rules. If the rates invoiced are in excess of those authorized CalHR rates, then Recipient is responsible for the cost difference and any overpayments shall be reimbursed to the MCTC on demand.
PROJECT COMPLETION
Recipient agrees to provide to the MCTC a short report summarizing total project costs and milestones, including before and after photos of the project, if applicable, for each project within sixty (60) days of completion.
GOVERNING LAWS
This Agreement shall be construed and enforced according to the laws of the State of California, and the parties hereby agree that the County of Madera shall be the proper venue for any dispute arising hereunder.
CONFLICT OF INTEREST
Recipient warrants that it presently has no interest and shall not acquire any interest during the term of this Agreement, which would directly or indirectly conflict in any manner or to any degree with its full and complete performance of all services under this Agreement.
CONSTRUCTION OF AGREEMENT
The parties agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any exhibit or amendment. To that end, it is understood and agreed that this Agreement has been arrived at through negotiation, and that neither party is to be deemed the party which prepared this Agreement within the meaning of Civil Code Section 1654. Section and paragraph headings appearing herein are for convenience only and shall not be used to interpret the terms of this Agreement.
WAIVER
Any waiver of any term or condition hereof must be in writing. No such waiver shall be construed as a waiver of any other term or condition herein.
SUCCESSORS AND ASSIGNS
This Agreement and all rights, privileges, duties, and obligations hereunder, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns and heirs.
TIME IS OF THE ESSENCE
The parties mutually acknowledge and agree that time is of the essence with respect to every provision hereof in which time is an element. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act, nor shall any such extension create a precedent for any further or future extension.
EXECUTION OF AGREEMENT
Any individual executing this Agreement on behalf of an entity represents and warrants that he or she has the requisite authority to enter into this Agreement on behalf of such entity and to bind the entity to the terms and conditions hereof. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
ENTIRE AGREEMENT
This document, including all exhibits hereto, constitutes the entire agreement between the parties, and supersedes any and all prior written or oral negotiations and representations between the parties concerning all matters relating to the subject of this Agreement.
EFFECTIVE DATE, TERM
This Agreement shall become effective as of the Effective Date and shall remain in full force and effect through June 30, 2024, unless sooner terminated or unless its term is extended. Upon the mutual written Agreement of the Parties hereto, this Agreement may be extended beyond that date.
AMENDMENTS
Any changes to Exhibit A of the Agreement requested by the Recipient shall be implemented by a written amendment to Agreement and approved by both parties.
IN WITNESS WHEREOF, MCTC and Recipient execute this Agreement as follows:
MADERA COUNTY TRANSPORTATION COMMISSION
_________________________________ ___________
Patricia Taylor Date
Executive Director
Recipient:
_______________________________ ___________
Rod Pruett, Date
City Administrator
Approved as to Form:
_______________________________ ___________
Mary Lerner, City Attorney Date
Attachment 2 - MCTC REAP Program Guidelines
MCTC REAP Housing Planning Grants
Program
Revised July 2021
Adopted April 2021
MCTC RE
AP H
o
Revised July 2021
Adopted
EAP Housing Planning Gran
Agency/Project Information
Project Title
Project Description
Eligible Activities (identify by
number)
Total Funding Request
Applicant Agency
Primary Contact Name and Title
Email
Phone
Address
Agency Department
Contact Name and Title
Email
Planning Project Description
1. Introduction
Please provide a description of project objectives, setting, and relationship of the proposed project to existing and planned land uses and transportation facilities in the project area.
8 | Pa ge
REAP 1.0 Application Questions:
1. Introduction - Please provide a description of project objectives, setting, and relationship of the proposed project to existing and planned land uses and transportation facilities in the project area.
The City of Chowchilla (City) is requesting REAP 1.0 Grant Funds to assist the City with financing the preparation of the City’s 2024-2032 Housing Element Update (Housing Element Update), and other related General Plan and Zoning Ordinance amendments as necessary for compliance with State law, as well as the completion of the associated California Environmental Quality Act (CEQA) document.
2. Project Justification - Application describes in detail the deficiencies that the project would address and ramifications of not funding.
The Housing Element Update will result in a chain reaction of corresponding updates to other elements of the City General Plan and related environmental documents. The update will necessitate the review of, and likely update to, the General Plan Land Use Element, which in turn will trigger the need to update the City’s General Plan Health and Safety Element pursuant to Senate Bill 379 (SB 379).
As an identified disadvantaged community, the Housing Element Update also triggers the need to incorporate the recently prepared Environmental Justice Element polices pursuant to SB 1000. These additional updates will need to be considered in the Consultant’s proposal to update the City’s Housing Element.
3. Nexus to Accelerating Housing Production - Please describe the nexus of the proposed project to accelerating housing production.
The Housing Element Update is required to be internally consistent with the City’s General Plan and in compliance with state statutes so as to be certified by the California Department of Housing and Community Development. The Housing Element must be updated to include City policies, strategies, and actions to facilitate the construction of new housing and preservation of existing housing to meet the needs of the population during the planning cycle (2024 – 2032) for all economic segments. The Housing Element Update is required to address the City’s Regional Housing Needs Assessment (RHNA) allocation.
Through the City’s engagement in a countywide REAP funded collaborative facilitated by Madera County Transportation Commission, an assessment of fair housing (AFH) analysis, consistent with the California Department of Housing and Community Development (HCD) Affirmative Furthering Fair Housing Guidelines for All Public Entities and for Housing Elements (AFFH Guidance Memo) is presently underway. The AFFH analysis will provide a baseline analysis and evaluation of fair housing issues in the City.
The analysis will include a constraints analysis, City specific housing and special housing needs and identification of potential goals, policies and programs that could assist in combating identified constraints. The AFFH analysis is expected to be completed in April 2023. Respondents should be prepared to use and/or adapt this material as appropriate and factor the available AFFH analysis into their proposal.
4. RTP/SCS Consistency - Describe how the proposed project is consistent with MCTC’s 2022 RTP/SCS.
The Housing Element Update includes an inventory that identifies sites to accommodate the city’s future housing needs as determined by the RHNA during the eight (8)-year planning period. The RHNA identified and planned for in the Housing Element Update is consistent with the RHNA identified by and planned for in MCTC’s 2022 RTP/SCS. The Housing Element Update identifies areas sufficient to house the projected population for Chowchilla, including all economic segments, identifies areas sufficient to accommodate an eight (8)-year housing need, and considers and complies with the State’s housing goals. Therefore, the Housing Element Update is consistent with MCTC’s 2022 RTP/SCS.
5. Plan Implementation
Please describe the implementation strategies for the proposed planning project. Please identify any potential obstacles to successful implementation of the plan.
The City drafted the following 17 Tasks to assist the City with completing the State mandated Housing Element:
Task 1: Project Management and Coordination
• This task covers the communication and coordination between the consultant and City staff, including meetings, phone conferences, email exchanges, and other communications to ensure timely delivery and adoption of the City’s updated Housing Element. The City has a small planning staff; therefore, the consultant is expected to function as the lead staff assigned to the project under the supervision of the Planning Manager; including preparing staff reports, public notices, responding to public and stakeholder interests and questions, and making presentations to the Planning Commission and City Council. The proposal should identify the number of meetings anticipated and expectations for staff. Strategies or practices to ensure clear and timely communication and effective project coordination should be described. Strategies for ensuring effective coordination with State Housing and Community Development (HCD) over the course of the project should also be addressed.
Task 2: Kickoff Meeting / Project Scheduling
• Consultant will schedule and facilitate an initial orientation meeting with City staff to discuss and review the scope of work, project expectations for coordination, reporting, deliverables, and all relevant project information. Consultant will prepare a meeting summary with project goals, objectives, and action items. • Consultant will work with City staff to finalize a project schedule within 10 working days after the kickoff meeting that includes tasks and milestones for certification of the Housing Element by HCD. The schedule shall include timelines for responses to HCD review and HCD certification of the Housing Element as well as City staff review times. The project schedule will be confirmed and/or modified by the Consultant and submitted to the City Project Manager on or before the 30th day of each month during the course of the project. In the event project schedule delays are anticipated, Consultant shall advise the City on strategies to correct and mitigate.
Task 3: Community Outreach and Engagement
• Design, implement and facilitate an appropriate community engagement program in both English and Spanish to effectively reach, educate, and engage the community throughout the Housing Element Update process. This is separate from any CEQA scoping meetings that could occur. Include virtual engagement opportunities due to the ongoing COVID-19 pandemic. At a minimum, outreach should consist of: Initial joint presentation to City Council and Planning Commission
• Two (2) stakeholder focus group meetings
• Two (2) community meetings
• Online/virtual participation opportunities
• Housing Element Update website including information on upcoming meetings, agenda materials, public participation opportunities, background materials, and drafts of the Housing Element. Material should be provided in both English and Spanish
Task 4: Housing Assessment and Needs Analysis
• Consultant shall prepare a housing assessment and needs analysis pursuant to State housing law. The Consultant will obtain and analyze demographic, economic, infrastructure, and housing data needed to complete this task.
Task 5: Housing Constraints
• Identify potential and actual governmental and non-governmental constraints for the preservation, protection, or production of housing across income levels within the City.
• Where constraints exist, the Consultant will propose and prepare a write-up of strategies to address the constraints identified.
Task 6: Current Housing Element Review
• Review and evaluate the current Housing Element to determine the revisions that must be made to comply with current State law and HCD requirements to ensure certification of the completed Housing Element Update. and identify City success in accomplishing and implementing the identified goals, policies, and programs. • Provide explanations and updates where goals, policies, or programs are in progress, have been abandoned or have not proven effective. • Review the inventory of sites remaining from the current Housing Element and their suitability or limitation for use as housing opportunity sites in the Housing Element Update in light of new State requirements for recycled sites. • Prepare an evaluation with explanations and updates of the City’s progress towards meeting identified goals, policies, and programs since the adoption of the current Housing Element. The current housing element review and evaluation shall include a discussion of the effectiveness of the existing housing program and policies and programs.
Task 7: Housing Program Options
• Prepare an inventory of candidate sites to meet RHNA requirements. This includes identifying safe assumptions, evaluating sites, and analyzing potential policy strategies to increase site capacity and demonstrating development viability (per State law).
• Outline potential housing densities/housing types achievable at these sites, provide schematic visualization where currently allowed densities and heights are proposed to be increased, and indicate how the sum of development from the sites, together with Accessory Dwelling Units (ADUs), will help achieve RHNA needs. • Consider potentially necessary changes to the Zoning Ordinance and/or the General Plan to meet RHNA needs.
Task 8: Sites Inventory
• Prepare the sites inventory section of the Housing Element Update based on staff and community feedback demonstrating how the City will satisfy its RHNA in each income category. This includes identifying safe assumptions, evaluating sites and analyzing potential policy strategies to increase site capacity, demonstrate development viability with State law and effective response to housing needs, constraints, and key priorities identified throughout the update process. • Consultant will be responsible for inputting the site inventory information into HCD’s electronic form for submittal with the updated element. • Consultant shall include identification of any other General Plan policy and mapping updates or revisions and/or zoning ordinance and mapping needed to ensure consistency.
Task 9: Goals, Policies, Programs, and Quantified Objectives • Identify goals, policies, programs, and quantified objectives to include in the Housing Element Update to ensure compliance with State law and effective response to the housing needs, constraints, and key priorities identified through the update process.
• Ensure responsiveness to priorities articulated through the community engagement process as well as ensure internal consistency with other elements of the General Plan.
• Include identification of any other General Plan policy updates or revisions needed to ensure consistency.
Task 10: Review and Assess Relevant City Plans, Policies and Programs • Review the City’s General Plan, specific plans, neighborhood plans and masterplans, and identify updates that must be made to text and / or exhibits to bring them into compliance with the updated Housing Element. • Ensure other Elements of the City’s General Plan are internally consistent with the Housing Element Update, and with relevant adopted specific, neighborhood and master plans as necessary.
• Revise the General Plan, and applicable specific plans, neighborhood plans, masterplans and Zoning map as applicable to ensure consistency and compliance with State law resulting from the Housing Element Update.
Task 11: Draft Housing Element Update and Public Meetings • Prepare and submit a draft Housing Element Update for City staff review. Staff will provide a comprehensive set of desired edits. Once edits are complete, update the Housing Element Update to be made available to the public and presented at public hearings. For purposes of budgeting, Consultant should assume one (1) round of staff review and comment. • Based on Planning Commission and City Council input, prepare an HCD review draft and submit to HCD for mandatory review.
Task 12: Final Draft Meetings, Final Adoption, and Certification • Work closely with HCD and City staff to respond to any comments and produce a Final Housing Element Update for adoption.
• Present to Planning Commission and City Council at public meetings. • Incorporate any further input from Planning Commission and/or City Council. • Submit to HCD for final certification as well as to OPR.
Task 13: Affirmatively Furthering Fair Housing and the Housing Element • State law requires that Housing Elements include an Assessment of Fair Housing (AFH). This must be factored into site inventory and include goals, policies, and/or programs to combat discrimination, overcome patterns of segregation, and foster inclusive communities.
Task 14: Update Zoning Code and Zoning Map
• Based on the housing sites analyses, consultant will work with staff to identify potential areas for rezoning, if necessary. This task must include consideration of the State requirement for maintaining adequate housing sites inventory throughout the planning cycle.
• Prepare language and ordinance updating the City’s Zoning Code, as applicable to comply with the Housing Element Update. The corresponding Zoning Ordinance update will require consideration of updating development standards such as density, height, parking and setbacks, review for internal consistency, preparation of graphics and illustrations, as applicable, and mapping.
Task 15: Health and Safety Element Update
• Review and evaluate the City Health and Safety Element to determine compliance with State law.
• Provide a list of any corrections that must be to text and/or exhibits in the Element. • Revise the Health and Safety Element, as necessary for compliance with State law and consistency with other elements of the General Plan resulting from the Housing Element Update.
Task 16: Environmental Justice Element
• Prepare an environmental justice element in compliance with State law and consistency with other elements of the General Plan resulting from the Housing Element Update.
Task 17: CEQA Compliance
• Prepare the required documents for the CEQA review required for the Housing Element Update, Health and Safety Element Update, and addition of Environmental Justice Element in the City General Plan). • Prepare Draft CEQA documentation and circulate for public/agency review and OPR submission.
• Revise Draft CEQA documentation following public comment period. • Prepare Final CEQA documentation, including a Mitigation Monitoring Reporting Program (MMRP), and Findings if applicable, for adoption / certification. • This task is to any CEQA-related public outreach that may be required beyond that described in previous Tasks.
6. Project Schedule and Scope of Work
Please outline the scope of work for the proposed planning efforts. Please briefly describe deliverables and anticipated completion dates for each deliverable. Please also provide estimates of project expenses funded by the grant.
While the City’s Housing Element started in July 2023, the project will require additional work to be performed and costs incurred until the Spring of 2024 (see attached schedule).
As of December 1, 2023, the Housing Element has been submitted to HCD. However, the City will be continuing to work on the required General Plan Updates, implementation of the Zoning Text Amendments, and lastly, finishing up the CEQA process.
REPORT TO THE CITY COUNCIL
Item 6.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: New Business
SUBJECT: City Council Reorganization – Election of Mayor and Mayor Pro Tem PREPARED BY: Joann McClendon, City Clerk
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends that the election of the Mayor and Mayor Pro Tem be held.
HISTORY / BACKGROUND:
Now that the new term is approaching, it is time for the election of the Mayor and Mayor Pro Tem. While Chowchilla’s Municipal Code is silent on the election of the Mayor and Mayor Pro Tem, the City’s practice is that every year there is an election of Mayor and Mayor Pro Tem among the Council Members.
Duties of the Mayor include:
As reflected in the Municipal Code, the Mayor is to preside at all meetings of the City Council and perform such other duties consistent with the office as may be imposed by the Council or by vote of the people. As presiding officer of the Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the official head of the city for all ceremonial purposes.
As such, the Mayor shall be the chief spokesperson for the City, representing the City at all ceremonial events and functions, and shall issue all ceremonial proclamations, certificates, and awards.
The Mayor, unless unavailable, shall sign all ordinances, and other documents that have been adopted by the City Council and require an official signature; except when the City Administrator has been authorized by Council action to sign documents. In the event the Mayor is unavailable, the Mayor Pro Tem’s signature may be used.
The Mayor Pro Tem shall be elected by the Council and serve at the pleasure of the Council. The Mayor Pro Tem shall perform the duties of the Mayor whenever the Mayor is absent or is unable to perform such duties.
Reorganization Procedure:
The City Clerk holds the election for the Mayor. This process includes the following:
1) The City Clerk declares that the nominations are open for the office of Mayor. 2) The City Clerk accepts nomination(s) from the Council Members. You may nominate more than one person for a position and you may nominate yourself for a position. 3) When there are no further nomination(s), the City Clerk will close the nominations and take a roll call vote.
4) If there is more than one nomination, a vote will be taken in last name alphabetical order of the nominations.
You may vote for more than one person for the position. The Mayor is elected by majority vote, three (3) votes.
If a tie occurs there will be a runoff vote. If more than one person is nominated, and during the roll call vote the first nomination receives the majority vote the election is complete. Following the vote(s), the City Clerk declares that Mayor elected.
Once the newly elected Mayor is seated, the Mayor holds the election of the Mayor Pro Tem in the same manner as outlined for Mayor.
FINANCIAL IMPACT
None.
REPORT TO THE CITY COUNCIL
Item 6.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 12, 2023
AGENDA SECTION: New Business
SUBJECT: Council Member Appointments Made by the Mayor to Collaborative Agencies
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: 2023 Appointments
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the Mayor selects the collaborative agency appointments.
BACKGROUND:
Council Members sit on collaborative agencies and committees such as the Madera County Local Agency Formation Commission (LAFCO) and Community Action Partnership (MADCAP). There are two agencies that provide a stipend per meeting: Madera County LAFCO and the Madera County Transportation Commission. There are also several agencies that are required to submit a Form 700. A City Selection Committee will take who the Mayor “nominates” to certain Committees such as RAN and LAFCO and either accept or decline the nomination.
REASON FOR RECOMMENDATION:
This is a routine action that occurs annually.
FISCAL IMPACT:
There is no financial impact to the City.
ACTIONS FOLLOWING APPROVAL:
Once the Council Members are appointed, the City Clerk updates the appointments list for distribution to the Council, notifies each collaborative agency of the appointments and coordinates with the agency clerk any paperwork required by the Fair Political Practices Commission (FPPC) thereafter.
City of Chowchilla
LONG TERM - COLLABORATIVE AGENCIES COMMITTEES (2023)
COLLABORATIVE AGENCIES COUNCIL MEMBER
COMMITTEE NAME CONTACT FPPC Filing
Required? DATE/TIME & LOCATION PRIMARY ALTERNATE
SAN JOAQUIN VALLEY UNIFIED AIR
POLLUTION CONTROL DISTRICT
CITIZENS ADVISORY COMMITTEE (CAC)
Michelle Franco
[email protected]
559-230-6038
NO
1st Tuesday - 10:00am
Meets at: Central Region Office
Governing Board Room 1990 E.
Gettysburg Ave., Fresno
Jeff Troost Kelly Smith
Advisory Board to the Board Directors of the SJVUAP District. APPOINTMENT MADE BY CITY SELECTION COMMITTEE.
LOCAL AGENGY FORMATION COMMISSION
(LAFCO)**
Karen Scrivner, Clerk of the Board
[email protected]
559-675-7700
YES
4th Wednesday - 6:0pm
2037 W. Cleveland Ave. MS-G
Madera, CA
Waseem Ahmed Kelly Smith
Reviews and considers final action in all countywide annexations of land as it relates to cities & districts in the County. APPOINTMENT MADE BY CITY SELECTION COMMITTEE.
MADERA CO ECONOMIC DEV COMMISSION Darren Rose, Executive Director 675-7768 YES
2nd Wednesday - 3:00pm January,
April, July, October
2425 W. Cleveland Ave. Ste. 101
Madera
Waseem Ahmed Kelly Smith
MADERA CO ECONOMIC DEV COMMISSION -
EXECUTIVE BOARD
Darren Rose, Executive Director
675-7768 YES
2nd Wednesday – 3:00pm Monthly
2425 W. Cleveland Ave. Ste. 101
Madera
Waseem Ahmed Kelly Smith
City Appointment that watches over our contribution as a Joint Powers member in the EDC. One Council Member and alternated required as part of the agreement.
MADERA COUNTY COALITION **ON HOLD** Karen Scrivner, Clerk of the Board [email protected]
559-675-7700
NO 1st Monday - 7:00am
Farnesi's Restaurant, Madera John Chavez Ray Barragan
Mayor and Mayor Pro Tem are encouraged to attend. Representatives from the cities of Madera and Chowchilla w/ Madera Co Board and other administrators/representatives in the County to discuss joint issues.
COMMUNITY ACTION PARTNERSHIP OF
MADERA COUNTY Cristal Sanchez
(559) 673-9173 YES
2nd Thursday - 5:30pm
Meets at: 1225 Gill Avenue, Madera
93637
Jeff Troost John Chavez
Nonprofit corporation with joint efforts by the Madera County Board of Supervisors and a Bd of Directors representing elected officials, low income, labor, business, education, religion, and other major private organizations to address social programs and services for individuals and families in the community.
CITIZEN'S PRISON ADVISORY COMMITTEE
Carmen Muroney CCWF/Attn: Warden's
Office/PO Box 1501 NO
2nd Tuesday - 3:00pm
Even months Only
Valley State Prison for Women
Kelly Smith Jeff Troost
Council and Staff advisory regarding issues and concerns that affect the institutions and the community. The public may attend.
City of Chowchilla
COMMITTEE NAME CONTACT FPPC Filing
Required? DATE/TIME & LOCATION PRIMARY ALTERNATE
MADERA CO. RAN BOARD
Karen Scrivner, Clerk of the Board
[email protected]
559-675-7700
YES
3rd Wednesday - 2:30pm
County of Madera
200 West 4th Street , Madera
Ray Barragan Jeff Troost
The Madera County CAL-ID Remote Access Network Board was established through Penal Code and Vehicle Code sections that allow for $1 in additional Vehicle License Fees (VLF) to be collected to establish fingerprint identification networks at a county level. APPOINTMENT MADE BY CITY SELECTION COMMITTEE.
CHOWCHILLA CHAMBER OF COMMERCE Rachael Beard, Manager
559-665-5603 NO
2nd Wednesday - 12:00pm
Meets at: Civic Center Public
Training Room
Ray Barragan Jeff Troost
City Representative to the Chamber of Commerce
CWD-Red Top-City JPA **on hold** Doug Welch, Chowchilla Water District 665-3747; PO Box 905/327 S. Chowchilla Blvd. NO As Needed; No less than annually Jeff Troost Ray Barragan Joint Powers Authority with between the City of Chowchilla, Chowchilla Water District, and Red Top Water District. Discussion of groundwater issues regarding abundance/depletion.
MCTC/LTA/MPO (County Trans Comm)**
Patricia Taylor
559-675-0721
559-675-9328 FAX
YES
2001 Howard Road, Ste 201,
2nd Floor - Citizens' Bank
Madera
Waseem Ahmed Jeff Troost
Countywide municipal planning organization for transportation, roads, infrastructure.
LEAGUE OF CA CITIES - CENTRAL DIVISION
EXECUTIVE BOARD
Stephen Qualls, Cen Valley Regional Public Affairs
Manager (209) 614-0118; Fax (209)883-0653 NO 2nd Thursday - 7:00pm Meets at: Location rotates John Chavez Waseem Ahmed LOCC Central Valley Division has an Exec Board that meets to give guidance to the general populace as it relates to legislations, dues, and other items as they arise. City Administrator is assigned as alternate if Council Member not available.
San Joaquin Valley Regional Early Action
Planning Committee for Housing (REAP)
Karen Scrivner, Clerk of the Board
[email protected]
559-675-7700
NO Jeff Troost Kelly Smith
Countywide municipal planning organization for transportation, roads, infrastructure. APPOINTMENT MADE BY CITY SELECTION COMMITTEE. **Denotes which Committees provide monetary stipends.