Agenda — Chowchilla City Council, February 13, 2024

AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, February 13, 2024
No Closed Session
Open Session: 4:00 p.m.

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.

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.

California Levine Act Statement:

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Chowchilla City Council Member from participating in any action related to a license, permit, contract or entitlement for use application if he or she receives any political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from the business/board or applicant.

The Levine Act also requires a member of the Chowchilla City Council who has received such a contribution to disclose the contribution on the record of the proceeding.

CALL TO ORDER/ROLL CALL
Mayor: Kelly Smith
Mayor Pro Tem: Waseem Ahmed
Council Members: Ray Barragan, 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:

OPEN SESSION – 4:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION:

PRESENTATIONS/WORKSHOP - Section 1

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.

City Council Meeting AGENDA February 13, 2024
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 3 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 January 9, 2023 City Council Meeting Minutes (McClendon)

3.2 Consideration and Acceptance of the January 2024 Check Register Report (Williams)

3.3 Consideration and Adoption of an Ordinance of the City Council of the City of Chowchilla Amending Title 18, Chapter 60, Section 180 - Shipping Containers (Zoning Code Text Amendment 19-0018) (Hamilton)

3.4 Consideration and Adoption of an Ordinance of the City Council of the City of Chowchilla Amending Chowchilla Municipal Code Sections 18.08 – Land Use Tables;

18.60.120 – Mobile food Vendor; 18.96.020 – Definition of Land Use; and Approve the Addition of Title 9.06 – Vending on Public Property, and Title 9.07 – Food Truck Vending (Zone Code Text Amendment 23-0736) (Hamilton)
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6

6.1 Presentation of the City’s Quarterly Financial Investment Report (Williams) ANNOUNCEMENTS – Section 7
FEB 19 PRESIDENTS DAY HOLIDAY – CITY OFFICES CLOSED
FEB 21 PLANNING COMMISSION MEETING, CITY HALL, 5PM
FEB 27 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 February, 2024 at or before 4:00pm.

Joann McClendon, CMC, City Clerk
Public meetings are open to the public to attend in person. However, please read the message below if you wish to attend remotely.

ZOOM LOGIN INSTRUCTIONS
Use the following URL to start Zoom:
https://us06web.zoom.us/j/83804394137?pwd=VhFixDCkhJwCfVIYP6qv2VHPa3xfWQ.RPOFK k-_7JVcpdsi
Passcode: 969 841
------------------------------------------------------------------------------------------------------------------------------ To participate by phone, dial 1-669-444-9171
Webinar ID: 838 0439 4137
Passcode: 969 841
------------------------------------------------------------------------------------------------------------------------------- Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and ensure they have an 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 smartphone, 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 can speak to the Council for up to 3 minutes.
• If you are calling into the meeting only (no camera/video) and wish to 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 / Redevelopment Successor Agency
Joint Meeting
Council Chamber, Chowchilla City Hall
130 S. Second Street, Chowchilla, CA 93610
Tuesday, January 23, 2024
Closed Session: 3:00 p.m. ~ Open Session: 4:00 p.m.

CALL TO ORDER/ROLL CALL: 3:06 PM
Mayor/Chair: Kelly Smith (3:33 p.m.)
Mayor Pro Tem/Co Chair: Waseem Ahmed
Council/Board Members: Ray Barragan, 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 Barragan, Seconded by Council Member Troost to Approve the Agenda as Presented. Motion passed with Mayor Smith absent.

PUBLIC ADDRESS – CLOSED SESSION
No one spoke.

CLOSED SESSION – 3:07 PM

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9 (d) (1)
Name of Case: Case No. MCV090718, Chowchilla Real Estate Holdings, LLC v. City of Chowchilla
OPEN SESSION – 4:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Pastor David Lucas
CLOSED SESSION REPORT: Nothing to report.

PRESENTATIONS/WORKSHOP - Section 1

1.1 Presentation of proceeds from the Volunteer Firefighter Dinner Fundraiser, by the Chowchilla Lioness Lions Service Club
City Council Meeting MINUTES January 23, 2024

PUBLIC ADDRESS
A resident of the city addressed the Council regarding supplying hygiene for the homeless.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Troost attended the Chowchilla District Chamber of Commerce Annual dinner and the monthly County Action Partnership of Madera County meeting.

Mayor Smith also attended the Chamber of Commerce dinner, and the Madera County Economic Development Commission as the alternate where it was reported that their website update is almost complete, and provided good news about Madera Hospital opening back up.

Mayor Pro Tem Ahmed attended the Madera County Transportation Commission meeting.

2.2 STAFF VERBAL REPORTS
IT System Administrator Berrocal reported on the outage that occurred on Thursday.

City Clerk McClendon watched a webinar on SB553 where they discussed the workplace violence prevention requirement that will be in effect July 1, 2024; working through Transit’s Triennial Performance Audit which is almost complete; continue working with the HR Manager on the risk management portion of HR.

City Administrator Pruett attended the Chamber dinner, congratulated Mark for receiving his award; met with the consultants for the CFD Refunding and are finalizing their last piece of outreach information that should be going out to registered voters soon (door hangers).

Attended the County Redevelopment Oversight Board meeting with the ROPS report. met with legal and Chief regarding Measure N to go over the survey results. Finally, after tonight’s meeting will be heading over to Monterey with some of the Council Members to attend the League of California Cities’ Mayors and Council Member Seminar.

Police Chief Palmer gave the Council departmental stats from the last two weeks; will be holding internal testing for the Sergeant position; and is continuing to improve the police department by installing wellness equipment and other upgrades within the building, completed in-house by staff. Received 3 patrol cars that were purchased 2 fiscal budgets ago.

Fire Chief Gaumnitz reported that the Lioness Lions donation of proceeds from the VFF Dinner will allow the department to purchase 2 Lucas machines (these machines do the work of administering chest compressions), which was double their goal. The MOA between the City and the Volunteer Firefighter Association is in the Association’s hands being reviewed. Once that is completed the MOA will be brought to the City Council for adoption. Deconstruction will begin next week.

Public Works Director Rogers staff has been preparing for a visit from CalRecycle for their annual review of our trash hauling, recycling, constriction & demolition programs. Staff will take CalRecycle to various areas to look at [trash] bins to ensure the City is meeting state requirements. The Alley Paving Project is progressing with all concrete improvements complete, waiting on asphalt replacement portion of the Project. Last week Public Works received eight trucks through the Enterprise Fleet Management Program to replace some of the 20-year old vehicles. Staff cleaned up the area around the Chamber of Commerce’s Service Club/organizations sign with additional improvements pending.

City Council Meeting MINUTES January 23, 2024
Community & Economic Development Director Hamilton published the RFP for a Project Environmental Impact Report for anticipated development in the Industrial Specific Plan area.

Camarena Health is looking to open a facility at 285 Hospital Drive. A plan review application was received for a restaurant/gas station on Carlyle Way by Steve’s Chevrolet. Staff attended the CERF meeting. met with property owner and potential renter to open a pharmacy in the downtown area.

Finance Director Williams finance is continuing to work with the auditors, working on various state reports and sent out W2’s, attended the County Oversight Board meeting and will be at a CSMFO conference the following week in Anaheim.

CONSENT CALENDAR – Section 3

3.1 Approval of the January 9, 2023 City Council Meeting Minutes (McClendon)

3.2 Consideration and Acceptance of the November and December 2023 Financial Reports (Williams)

3.3 Consideration of the Quarterly Fee Waiver Report (Williams)

3.4 Informational Only: Quarterly PMP Report (McClendon)

3.5 a) Consideration and Adoption of a City Council Resolution (02-24) Approving the Annual Recognized Obligation Payment Schedule for the Period from July 1, 2023 Through June 30, 2024 on Behalf of the Successor Agency of the Chowchilla Redevelopment Agency (Williams)
b) Consideration and Adoption of a Redevelopment Successor Agency Resolution (01-24) Approving the Annual Recognized Obligation Payment Schedule for the Period from July 1, 2023 Through June 30, 2024 (williams)

3.6 Consideration and Approval of Second Amended Tolling Agreement Between the City of Chowchilla and Salter Distributing (Lerner)
Motion by Council/Board Member Troost, Seconded by Mayor Pro Tem/Co Chair Ahmed to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

PUBLIC HEARINGS – Section 4

4.1 Introduction of an Ordinance of the City Council of the City of Chowchilla Amending Title 18, Chapter 60, Section 180 - Shipping Containers (Zoning Code Text Amendment 19-0018) (Hamilton)
Mayor Smith opened the public hearing at 4:25 p.m.

No one spoke for or against the item.

Mayor Smith closed the public hearing at 4:25 p.m.

Motion by Council Member Troost, Seconded by Council Member Chavez to Approve the Introduction of an Ordinance of the City Council of the City of Chowchilla Amending Title 18, Chapter 60, Section 180 - Shipping Containers (Zoning Code Text Amendment 19-0018). Motion passed unanimously by roll call vote.

City Council Meeting MINUTES January 23, 2024

4.2 Introduction of an Ordinance of the City Council of the City of Chowchilla Amending Chowchilla Municipal Code Sections 18.08 – Land Use Tables; 18.60.120 – Mobile food Vendor; 18.96.020 – Definition of Land Use; and Approve the Addition of Title

9.06 – Vending on Public Property, and Title 9.07 – Food Truck Vending (Zone Code Text Amendment 23-0736) (Hamilton)
Mayor Smith opened the public hearing at 4:37 p.m.

No one spoke for or against the item.

Mayor Smith closed the public hearing at 4:37 p.m.

Motion by Council Member Chavez, Seconded by Mayor Smith to Approve the Introduction of an Ordinance of the City Council of the City of Chowchilla Amending Title 18, Chapter 60, Section 180 - Shipping Containers (Zoning Code Text Amendment 19-0018). Motion passed by roll call vote with Council Member Barragan abstaining.

4.3 Consideration and Adoption of a City Council Resolution (03-24) Approving Adjustments to the Master Fee Schedule Related to Mobile Food Vending (Hamilton) Mayor Smith opened the public hearing at 4:41 p.m.

No one spoke for or against the item.

Mayor Smith closed the public hearing at 4:41 p.m.

Motion by Council Member Troost, Seconded by Council Member Chavez to Approve City Council Resolution # 03-24, Approving Adjustments to the Master Fee Schedule Related to Mobile Food Vending. Motion passed unanimously by roll call vote.

DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
ANNOUNCEMENTS – Section 7
FEB 13 CITY COUNCIL MEETING, CITY HALL, 4PM

ADJOURNMENT
Mayor Smith Adjourned the January 23, 2024 City Council/Redevelopment Successor Agency Meeting at 4:41 p.m.

ATTEST: APPROVED:

Joann McClendon, CMC, City Clerk Mayor Kelly Smith

REPORT TO THE CITY COUNCIL
Item 3.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: February 13, 2024
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 January 2024.

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.
2/1/2024 12:06:32 PM Page 1 of 7
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 01/01/2024 - 01/31/2024
Cleared Date Range: -
Cleared
Date Number Description Module Status Amount Type
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
01/02/2024 66533 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 01/02/2024 66534 U.S. Bank (PARS) Accounts Payable Outstanding Check -147.04 01/02/2024 66535 Roni G Little Utility Billing Outstanding Check -62.16 01/04/2024 66536 Alert-O-Lite Inc. Accounts Payable Outstanding Check -108.35 01/04/2024 66537 AT & T Accounts Payable Outstanding Check -95.59 01/04/2024 66538 AT & T CALNET Accounts Payable Outstanding Check -1,601.19 01/04/2024 66539 Blue Shield of California Accounts Payable Outstanding Check -78,017.44 01/04/2024 66540 BSK Associates Accounts Payable Outstanding Check -1,150.00 01/04/2024 66541 Burton's Fire Inc. Accounts Payable Outstanding Check -9,459.69 01/04/2024 66542 Central Valley Veterinary Clinic Accounts Payable Outstanding Check -1,887.75 01/04/2024 66543 Chowchilla Do It Best Accounts Payable Outstanding Check -110.59 01/04/2024 66544 Comcast Accounts Payable Outstanding Check -43.37 01/04/2024 66545 Department of Justice/Acc Accounts Payable Outstanding Check -287.00 01/04/2024 66546 Department of Justice/Acc B/A Accounts Payable Outstanding Check -140.00 01/04/2024 66547 Don's Mobile Glass Inc. Accounts Payable Outstanding Check -314.00 01/04/2024 66548 Elizabeth Fernandez Accounts Payable Outstanding Check -26.40 01/04/2024 66549 Farmers Hardware Accounts Payable Outstanding Check -75.17 01/04/2024 66550 Fastenal Company Accounts Payable Outstanding Check -424.35 01/04/2024 66551 Gideon Pest Control Accounts Payable Outstanding Check -45.00 01/04/2024 66552 Harddog's Requisites Accounts Payable Outstanding Check -2,720.00 01/04/2024 66553 Jeff Troost Accounts Payable Outstanding Check -364.12 01/04/2024 66554 John Chavez Accounts Payable Outstanding Check -364.12 01/04/2024 66555 L.N. Curtis & Sons Accounts Payable Outstanding Check -2,839.37 01/04/2024 66556 Lozano Smith, LLP Accounts Payable Outstanding Check -15,596.67 01/04/2024 66557 Madera County Animal Services Accounts Payable Outstanding Check -57.50 01/04/2024 66558 Madera County Environmental Accounts Payable Outstanding Check -435.00 01/04/2024 66559 Madera Tribune Accounts Payable Outstanding Check -448.50 01/04/2024 66560 Madera Uniform and Accessores, LLC Accounts Payable Outstanding Check -333.92 01/04/2024 66561 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -998.37 01/04/2024 66562 MidAmerica Administrative & Retirement Soluctins, LLC Accounts Payable Outstanding Check -231.00 01/04/2024 66563 Motorola Solutions, Inc Accounts Payable Outstanding Check -13,348.12 01/04/2024 66564 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -719.90 01/04/2024 66565 Navia Benefit Solutions Accounts Payable Outstanding Check -64.80 01/04/2024 66566 NBS Government Finance Group Accounts Payable Outstanding Check -4,885.19 01/04/2024 66567 ODP Business Solutions, LLC Accounts Payable Outstanding Check -872.14 01/04/2024 66568 PACE Supply Corp Accounts Payable Outstanding Check -2,848.28 Bank Transaction Report Issued Date Range: -
2/1/2024 12:06:32 PM Page 2 of 7
Cleared
Date Number Description Module Status Amount Type
Issued
Date
01/04/2024 66569 Pegboard Accounts Payable Outstanding Check -2,502.19 01/04/2024 66570 Price Paige & Company CPA's LLP Accounts Payable Outstanding Check -1,155.00 01/04/2024 66571 ProClean Supply Accounts Payable Outstanding Check -418.43 01/04/2024 66572 Prudential Overall Supply Accounts Payable Outstanding Check -409.98 01/04/2024 66573 Purl's Sheet Metal & Air Conditioning Inc. Accounts Payable Outstanding Check -542.80 01/04/2024 66574 Quad Knopf, Inc. Accounts Payable Outstanding Check -39,989.06 01/04/2024 66575 Railworks Track Systems LLC Accounts Payable Outstanding Check -215.00 01/04/2024 66576 Rick Manuel Medeiros Accounts Payable Outstanding Check -600.00 01/04/2024 66577 Rod Pruett Accounts Payable Outstanding Check -206.00 01/04/2024 66578 S & W Auto Parts Inc. Accounts Payable Outstanding Check -43.48 01/04/2024 66579 Silva Ford Madera Accounts Payable Outstanding Check -3,546.70 01/04/2024 66580 Southern Tire Mart LLC Accounts Payable Outstanding Check -1,333.66 01/04/2024 66581 Sparkletts Accounts Payable Outstanding Check -91.88 01/04/2024 66582 State Water Resources Control Accounts Payable Outstanding Check -599.00 01/04/2024 66583 Toshiba Financial Services Accounts Payable Outstanding Check -400.81 01/04/2024 66584 US BANK (CAL-CARD) Accounts Payable Outstanding Check -5,124.14 01/04/2024 66585 USA Bluebook Accounts Payable Outstanding Check -2,148.97 01/04/2024 66586 Van De Pol Enterprises Accounts Payable Outstanding Check -4,267.13 01/04/2024 66587 Vision Service Plan - (CA) Accounts Payable Outstanding Check -905.49 01/04/2024 66588 Waseem Ahmed Accounts Payable Outstanding Check -316.24 01/04/2024 66589 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -1,146.10 01/09/2024 66590 Fortes Construction Utility Billing Outstanding Check -168.82 01/11/2024 66591 Liliana Chavez Utility Billing Outstanding Check -79.86 01/11/2024 66592 Aanonson Sprinkler Company Accounts Payable Outstanding Check -549.61 01/11/2024 66593 Acme Rotary Broom Service Accounts Payable Outstanding Check -252.80 01/11/2024 66594 Anderson Pump Co Accounts Payable Outstanding Check -3,095.69 01/11/2024 66595 AT & T Accounts Payable Outstanding Check -171.20 01/11/2024 66596 Badger Meter Inc. Accounts Payable Outstanding Check -1,259.71 01/11/2024 66597 Baker Supplies and Repairs Accounts Payable Outstanding Check -530.69 01/11/2024 66598 BSK Associates Accounts Payable Outstanding Check -490.00 01/11/2024 66599 Burton's Fire Inc. Accounts Payable Outstanding Check -4,657.73 01/11/2024 66600 Caddyshack Rodent Service LLC Accounts Payable Outstanding Check -2,327.50 01/11/2024 66601 Central Valley Concrete, Inc. Accounts Payable Outstanding Check -815.63 01/11/2024 66602 Chowchilla Do It Best Accounts Payable Outstanding Check -60.42 01/11/2024 66603 Comcast Accounts Payable Outstanding Check -246.32 01/11/2024 66604 De Lage Landen Financial Services Inc. Accounts Payable Outstanding Check -1,598.99 01/11/2024 66605 DXP Enterprises, Inc. Accounts Payable Outstanding Check -1,099.49 01/11/2024 66606 Farmers Hardware Accounts Payable Outstanding Check -142.22 01/11/2024 66607 Healthwise Services, LLC Accounts Payable Outstanding Check -386.38 01/11/2024 66608 Kerri Williams Accounts Payable Outstanding Check -608.88 01/11/2024 66609 L & L Electrical, Inc. Accounts Payable Outstanding Check -300.00 01/11/2024 66610 L.N. Curtis & Sons Accounts Payable Outstanding Check -14,562.65 01/11/2024 66611 Mallory Safety and Supply, LLC Accounts Payable Outstanding Check -1,842.10 Bank Transaction Report Issued Date Range: -
2/1/2024 12:06:32 PM Page 3 of 7
Cleared
Date Number Description Module Status Amount Type
Issued
Date
01/11/2024 66612 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -2,810.65 01/11/2024 66613 NBS Government Finance Group Accounts Payable Outstanding Check -4,075.00 01/11/2024 66614 ODP Business Solutions, LLC Accounts Payable Outstanding Check -769.66 01/11/2024 66615 O'Reilly Auto Parts Accounts Payable Outstanding Check -21.74 01/11/2024 66616 PROtech Security & Electronics Inc. Accounts Payable Outstanding Check -135.00 01/11/2024 66617 Prudential Overall Supply Accounts Payable Outstanding Check -106.31 01/11/2024 66618 S & W Auto Parts Inc. Accounts Payable Outstanding Check -45.10 01/11/2024 66619 SHI International Corp Accounts Payable Outstanding Check -2,175.67 01/11/2024 66620 Southern Tire Mart LLC Accounts Payable Outstanding Check -1,116.20 01/11/2024 66621 State Water Resources Control Accounts Payable Outstanding Check -13,707.76 01/11/2024 66622 Sweetwater Sound, LLC Accounts Payable Outstanding Check -12,537.76 01/11/2024 66623 T-Mobile USA Inc Accounts Payable Outstanding Check -126.60 01/11/2024 66624 Turner's Towing Accounts Payable Outstanding Check -75.00 01/11/2024 66625 U.S. Security Supply, Inc. Accounts Payable Outstanding Check -446.06 01/11/2024 66626 US BANK (CAL-CARD) Accounts Payable Outstanding Check -12,532.05 01/11/2024 66627 US Post Office Accounts Payable Outstanding Check -2,774.26 01/11/2024 66628 Van De Pol Enterprises Accounts Payable Outstanding Check -437.16 01/11/2024 66629 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 01/11/2024 66630 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -731.00 01/11/2024 66631 Void Check Accounts Payable Voided Check 0.00 01/11/2024 66632 Chowchilla Employees Assn. Accounts Payable Outstanding Check -180.00 01/11/2024 66633 Chowchilla Mid-Management Accounts Payable Outstanding Check -120.00 01/11/2024 66634 Chowchilla Office Accounts Payable Outstanding Check -120.00 01/11/2024 66635 Fitness Peak Accounts Payable Outstanding Check -87.50 01/11/2024 66636 U.S. Bank (PARS) Accounts Payable Outstanding Check -193.20 01/24/2024 66637 AFLAC Accounts Payable Outstanding Check -917.35 01/24/2024 66638 American Fidelity Assurance Accounts Payable Outstanding Check -1,302.90 01/24/2024 66639 American Fidelity Assurance (Flex) Accounts Payable Outstanding Check -1,041.65 01/24/2024 66640 American Public Works Association Accounts Payable Outstanding Check -229.00 01/24/2024 66641 Ayers Distributing Accounts Payable Outstanding Check -1,651.91 01/24/2024 66641 Ayers Distributing Reversal Accounts Payable Outstanding Check Reversal 1,651.91 01/24/2024 66642 Blue Shield of California Accounts Payable Outstanding Check -84,177.88 01/24/2024 66643 BSK Associates Accounts Payable Outstanding Check -3,401.00 01/24/2024 66644 Burton's Fire Inc. Accounts Payable Outstanding Check -45,969.29 01/24/2024 66645 California Building Standards Accounts Payable Outstanding Check -141.11 01/24/2024 66646 California Forensic Institute Inc. Accounts Payable Outstanding Check -400.00 01/24/2024 66647 California Rural Water Association Accounts Payable Outstanding Check -1,582.00 01/24/2024 66648 Causey Demgen & Moore P.C. Accounts Payable Outstanding Check -850.00 01/24/2024 66649 Chowchilla District Chamber of Commerce Accounts Payable Outstanding Check -7,000.00 01/24/2024 66650 Chowchilla Do It Best Accounts Payable Outstanding Check -25.59 01/24/2024 66651 Daniel Denny Accounts Payable Outstanding Check -407.00 01/24/2024 66652 David Burnett Accounts Payable Outstanding Check -51.00 01/24/2024 66653 Dell, Inc. Accounts Payable Outstanding Check -1,631.72 Bank Transaction Report Issued Date Range: -
2/1/2024 12:06:32 PM Page 4 of 7
Cleared
Date Number Description Module Status Amount Type
Issued
Date
01/24/2024 66654 Department of Conservation Accounts Payable Outstanding Check -259.35 01/24/2024 66655 Department of Justice/Acc Accounts Payable Outstanding Check -66.00 01/24/2024 66656 Farmers Hardware Accounts Payable Outstanding Check -109.41 01/24/2024 66657 Fastenal Company Accounts Payable Outstanding Check -61.07 01/24/2024 66658 Folsom Lake Ford Accounts Payable Outstanding Check -176,556.45 01/24/2024 66659 Holt of California Accounts Payable Outstanding Check -1,528.36 01/24/2024 66660 Home Depot Credit Services Accounts Payable Outstanding Check -2,025.19 01/24/2024 66661 Interstate Battery of Fresno Accounts Payable Outstanding Check -625.48 01/24/2024 66662 Mace Pest Control Accounts Payable Outstanding Check -90.00 01/24/2024 66663 Madera County Economic Development Commission Accounts Payable Outstanding Check -9,466.61 01/24/2024 66664 Michael Baker International Inc. Accounts Payable Outstanding Check -522.50 01/24/2024 66665 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -144,523.27 01/24/2024 66666 Motorola Solutions, Inc Accounts Payable Outstanding Check -5,704.48 01/24/2024 66667 ODP Business Solutions, LLC Accounts Payable Outstanding Check -561.44 01/24/2024 66668 Pacific Plan Review Inc Accounts Payable Outstanding Check -15,075.00 01/24/2024 66669 PARS Accounts Payable Outstanding Check -497.34 01/24/2024 66670 Principal Life Insurance Company Accounts Payable Outstanding Check -17,904.67 01/24/2024 66671 Prudential Overall Supply Accounts Payable Outstanding Check -353.26 01/24/2024 66672 Quad Knopf, Inc. Accounts Payable Outstanding Check -4,844.00 01/24/2024 66673 Rahn's Fire Safety Services Accounts Payable Outstanding Check -277.31 01/24/2024 66674 Rain for Rent Accounts Payable Outstanding Check -1,756.11 01/24/2024 66675 Robin Roman Accounts Payable Outstanding Check -23.45 01/24/2024 66676 Rod Pruett Accounts Payable Outstanding Check -224.00 01/24/2024 66677 Ron Peter Mikulaco Accounts Payable Outstanding Check -1.00 01/24/2024 66678 S & W Auto Parts Inc. Accounts Payable Outstanding Check -134.44 01/24/2024 66679 San Joaquin Valley Unified Air Pollution Control District Accounts Payable Outstanding Check -577.00 01/24/2024 66680 Self Help Enterprises Accounts Payable Outstanding Check -693.00 01/24/2024 66681 Southern Tire Mart LLC Accounts Payable Outstanding Check -803.60 01/24/2024 66682 Steves Chevrolet of Chowchilla, LLC Accounts Payable Outstanding Check -239.80 01/24/2024 66683 Superior Pool Products, LLC Accounts Payable Outstanding Check -207.89 01/24/2024 66684 The Lew Edwards Group Accounts Payable Outstanding Check -5,500.00 01/24/2024 66685 Trinette Martinez Accounts Payable Outstanding Check -162.14 01/24/2024 66686 Tyler Technologies, Inc. Accounts Payable Outstanding Check -13,302.50 01/24/2024 66687 US BANK (CAL-CARD) Accounts Payable Outstanding Check -3,033.99 01/24/2024 66688 USA Bluebook Accounts Payable Outstanding Check -291.03 01/24/2024 66689 Van De Pol Enterprises Accounts Payable Outstanding Check -12,846.37 01/24/2024 66690 Vision Service Plan - (CA) Accounts Payable Outstanding Check -862.14 01/24/2024 66691 West Coast Pet Memorial Service Accounts Payable Outstanding Check -626.88 01/25/2024 66692 D'Oros Inc C/O Maria Garcia Utility Billing Outstanding Check -179.69 01/25/2024 66693 Shari Kuzminski Utility Billing Outstanding Check -217.54 01/29/2024 66694 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 01/29/2024 66695 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -688.00 01/29/2024 66696 Void Check Accounts Payable Voided Check 0.00 Bank Transaction Report Issued Date Range: -
2/1/2024 12:06:32 PM Page 5 of 7
Cleared
Date Number Description Module Status Amount Type
Issued
Date
01/29/2024 66697 Chowchilla Employees Assn. Accounts Payable Outstanding Check -180.00 01/29/2024 66698 Chowchilla Mid-Management Accounts Payable Outstanding Check -120.00 01/29/2024 66699 Chowchilla Office Accounts Payable Outstanding Check -120.00 01/29/2024 66700 Fitness Peak Accounts Payable Outstanding Check -87.50 01/29/2024 66701 U.S. Bank (PARS) Accounts Payable Outstanding Check -142.04 01/29/2024 66702 AT & T CALNET Accounts Payable Outstanding Check -268.81 01/29/2024 66703 Ayers Distributing Accounts Payable Outstanding Check -1,519.00 01/29/2024 66704 BSK Associates Accounts Payable Outstanding Check -712.00 01/29/2024 66705 Buchanan Hollow Nut Company Accounts Payable Outstanding Check -860.00 01/29/2024 66706 Chowchilla Athletic Foundation Accounts Payable Outstanding Check -640.00 01/29/2024 66707 Daniel Denny Accounts Payable Outstanding Check -333.00 01/29/2024 66708 DATCO Services Coporation Accounts Payable Outstanding Check -63.00 01/29/2024 66709 Division of State Architect Accounts Payable Outstanding Check -58.40 01/29/2024 66710 Farmers Hardware Accounts Payable Outstanding Check -27.40 01/29/2024 66711 H. O. Auto Repair and Tires Accounts Payable Outstanding Check -530.00 01/29/2024 66712 Justin B. White Accounts Payable Outstanding Check -267.28 01/29/2024 66713 Justin B. White Accounts Payable Outstanding Check -267.28 01/29/2024 66714 Justin B. White Accounts Payable Outstanding Check -856.61 01/29/2024 66715 Madera County Tax Collector Accounts Payable Outstanding Check -81.94 01/29/2024 66716 Madera Tribune Accounts Payable Outstanding Check -1,627.75 01/29/2024 66717 MuniServices LLC Accounts Payable Outstanding Check -455.72 01/29/2024 66718 ODP Business Solutions, LLC Accounts Payable Outstanding Check -396.53 01/29/2024 66719 PACE Supply Corp Accounts Payable Outstanding Check -2,085.89 01/29/2024 66720 Price Paige & Company CPA's LLP Accounts Payable Outstanding Check -1,212.00 01/29/2024 66721 PROtech Security & Electronics Inc. Accounts Payable Outstanding Check -22.88 01/29/2024 66722 Prudential Overall Supply Accounts Payable Outstanding Check -64.77 01/29/2024 66723 Quad Knopf, Inc. Accounts Payable Outstanding Check -46,560.70 01/29/2024 66724 R & R Pool Service Accounts Payable Outstanding Check -520.00 01/29/2024 66725 Smith Truck Repair Accounts Payable Outstanding Check -2,242.38 01/29/2024 66726 Terryberry Company LLC Accounts Payable Outstanding Check -1,961.24 01/29/2024 66727 T-Mobile USA Inc Accounts Payable Outstanding Check -126.60 01/29/2024 66728 Turner's Towing Accounts Payable Outstanding Check -400.00 01/29/2024 66729 US BANK (CAL-CARD) Accounts Payable Outstanding Check -519.75 01/29/2024 66730 USA Bluebook Accounts Payable Outstanding Check -1,262.53 01/29/2024 66731 Verizon Wireless Accounts Payable Outstanding Check -2,669.95 Bank Account 200650906 Total: (200) -940,257.31
Bank Account: 200695379 - Payroll-Tri Counties
01/12/2024 519 519 Payroll Outstanding Check -284.40
01/12/2024 01/11/2024 520 520 Payroll Cleared Check 0.00 01/12/2024 521 521 Payroll Outstanding Check -210.61
01/12/2024 522 522 Payroll Outstanding Check -1,801.56
01/12/2024 523 523 Payroll Outstanding Check -674.16
Bank Transaction Report Issued Date Range: -
2/1/2024 12:06:32 PM Page 6 of 7
Cleared
Date Number Description Module Status Amount Type
Issued
Date
01/12/2024 524 524 Payroll Outstanding Check -284.40
01/12/2024 525 525 Payroll Outstanding Check -1,142.84
01/12/2024 527 527 Payroll Outstanding Check -2,436.25
01/16/2024 528 528 Payroll Outstanding Check -210.46
01/26/2024 529 529 Payroll Outstanding Check -1,267.99
01/26/2024 530 530 Payroll Outstanding Check -674.16
Bank Account 200695379 Total: (11) -8,986.83
Report Total: (211) -949,244.14
Bank Transaction Report Issued Date Range: -
2/1/2024 12:06:32 PM Page 7 of 7
Summary
Bank Account Count Amount
200650906 General TricounƟes Bank 200 -940,257.31
200695379 Payroll-Tri CounƟes 11 -8,986.83
Report Total: 211 -949,244.14
Cash Account Count Amount
**No Cash Account** 3 0.00
999 999-0100-0215 Cash In Bank 198 -940,257.31
999 999-0100-0216 Cash In Bank (Payroll) 10 -8,986.83
Report Total: 211 -949,244.14
Transaction Type Count Amount
Check 210 -950,896.05
Check Reversal 1 1,651.91
Report Total: 211 -949,244.14

REPORT TO THE CITY COUNCIL
Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: February 13, 2024
AGENDA SECTION: Consent
SUBJECT: Consideration and Adoption of an Ordinance Amending Title 18, Chapter 60, Section 180 – Shipping Containers, of the City of Chowchilla Municipal Code (Zoning Code Text Amendment No. 19-0018)
PREPARED BY: Mark E. Hamilton, Director of Community and Economic Development ATTACHMENTS: 1. Ordinance

2. Current Ordinance

3. Proposed Ordinance - Section 18.60.180

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

That the City Council approve the ordinance amending Title 18, Chapter 60, Section 180 of the Chowchilla Municipal Code; and, schedule the adoption of the amended ordinance for February 13, 2024.

BACKGROUND:

During the recent 2017-2018 Comprehensive Zoning Ordinance update, staff received direction from the City Administrator, prompted by community complaints, to obtain comments from the community, the Planning Commission, and the City Council regarding how to regulate the use of shipping containers.

As part of the process to complete the Comprehensive Zoning Ordinance update, staff gave a PowerPoint presentation to the Planning Commission and the community on how to specifically regulate a variety of specific land uses, a portion of which, addressed regulations regarding shipping containers. Based on the feedback obtained, Staff developed regulations regarding applicable shipping container regulations, including, but not limited to, zoning and standards such as site placement, design, screening, maintenance, and other requirements.

During a Town Hall Meeting held on September 9, 2019, community members and business owners expressed varying viewpoints regarding the challenges of complying with the existing shipping container regulations. Concern centered around fairness for all individuals, businesses, and organizations currently using shipping containers and a desire to allow businesses and organizations currently in compliance with the spirit and intent of existing regulations the ability to continue using shipping containers.

Concerns were also raised regarding the unfairness of existing zoning ordinance language regarding “cityowned sites in any zone.” Upon review of the ordinance language and in looking at the locations of the City– owned property, staff determined that the “city-owned sites in any zone” language is not required and is recommending removal of the language.

It was also mentioned during the Town Hall meeting that visibility of the containers was an issue and most containers regardless of location exceed 6-7 feet in height. Staff is proposing to consider removing the following language “so as to be difficult to view from a public right-of-way, state highway, or residential zone district,” due to the vague aspects of the text and the challenge to police and code enforcement officers to enforce. Staff is proposing, replacing this language with requesting business that choose to use storage containers at their businesses to paint the containers “to match the existing building(s) on site.” The proposed text change will allow city staff to better enable enforcement of this section of the City’s zoning ordinance moving forward.

During the September 24, 2019 City Council Meeting, staff presented the item to Council for additional direction. During the meeting four members from the community spoke regarding the proposed item. The City Council provided direction to staff to move forward with suggestions of defining container size and number of allowable containers under Section C; ensure there is a maximum time limit established under Section D; modify the decision process from “as determined by the Director” to “as approved through the Administrative Application Process” under Section E; ensure the containers allowed meet general safety, fire, and building codes under Section H; and remove Section J, Residential and/or Commercial Use.

REASON FOR RECOMMENDATION:

After receiving comments from the community in opposition to the existing ordinance, an Ad Hoc Committee was formed to propose, discuss and evaluate alternative regulations for shipping containers. With the Planning Commission’s recommendation for approval of the proposed text changes to Section 18.60.180 - Shipping Containers, staff will be better able to enforce the ordinance; additionally, the regulations will establish uniform use and enforcement regarding shipping containers.

The introduction of the proposed amendments was approved at the January 23, 2024 City Council meeting.

ENVIRONMENTAL REVIEW ANALYSIS:

The project is exempt per CEQA Guidelines Section 15305 - MINOR ALTERATIONS IN LAND USE LIMITATIONS Class 5. The project consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: (a) Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; (b) Issuance of minor encroachment permits; (c) Reversion to acreage in accordance with the Subdivision Map Act.

FISCAL IMPACT:

None.

ALTERNATIVES:

Council can reject the Planning Commission Recommendation, reaffirm the Planning Commission’s decision, or choose to leave the current Zoning Code as-is.

ACTIONS FOLLOWING APPROVAL:
• Within fifteen (15) days of adoption, the Clerk's Office will publish the summary of the amended ordinance and the voting results of who was for or against the amendment. • Post amended ordinance in the kiosk for public review. • After thirty (30) days, the amended ordinance goes into effect.

ORDINANCE # -24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, IN THE COUNTY OF MADERA, CALIFORNIA AMENDING TITLE 18, CHAPTER 60, SECTION 180 WITH THE FINDINGS AND CONDITIONS AS SET FORTH.

WHEREAS, The City of Chowchilla (“City”) undertook a comprehensive Zoning Ordinance update in 2018; and
WHEREAS, the City Council voted to adopt the updated Zoning Ordinance on October 9, 2018 and the updated Zoning Ordinance went into effect on November 8, 2018; and WHEREAS, City staff received comments from the community in opposition to the current shipping container ordinance, prompting creation of an Ad Hoc Committee to discuss the matter and develop amendments to the existing ordinance for future consideration; and WHEREAS, these proposed amendments to the existing ordinance provide clarity and ensure uniform enforcement and regulation; and
WHEREAS, a public hearing was duly noticed for the January 23, 2024 City Council meeting; and WHEREAS, the Zoning Ordinance Update is covered by the Environmental Impact Report that was completed for the City’s 2011 General Plan Update and a determination has been made that no additional CEQA analysis is required as part of these proposed Zoning Ordinance amendments, Pursuant to CEQA Guidelines 15305; and
WHEREAS, at their January 17, 2024, Meeting, the Chowchilla Planning Commission voted unanimously to recommend that the City Council approve the amendments to the Chowchilla Municipal Code Sections 18.60.180 – Shipping Containers.

NOW, THEREFORE, the City Council of the City of Chowchilla does hereby ordain as follows:

Section 1. The above recitals are true and correct and are incorporated herein.

Section 2. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title.

Section 3. The amendment would not be detrimental to the public health, safety, or welfare of the community.

Section 4. The amendment would maintain the appropriate balance of land uses within the city.

Section 5. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

Section 6. Section 18.60.180 (“Shipping Containers”) of Title 18 (“Zoning”) of the City of Chowchilla Municipal Code is added to read:

A. Shipping containers shall only be permitted within the City with approval of an Administrative Use Permit issued pursuant to the requirements of Chapter 18.74 of the Municipal Code.

B. Except as otherwise provided, shipping containers shall be permitted in R-L, R-M-5, R-M-6, RMH, R-H, I-L, I-H, and PF zones with the following development standards:

1. Except for properties located in an area zoned I-L, I-H or PF, no more than five (5) metal shipping containers are allowed per property.

2. Properties located in an area zoned I-L, I-H, or PF are allowed to have no more than twentyfive (25) metal shipping containers.

3. The size of a shipping container shall not exceed forty (40) feet in length, ten (10) feet in width, and ten (10) feet in height and the storage area shall not exceed four hundred (400) square feet.

4. All shipping containers shall be placed on concrete, asphalt or other comparable allweather surfacing material approved by during the Administrative Permit process and graded to provide adequate storm water drainage.

5. No shipping container may be placed on top of another shipping container.

6. A principal building or dwelling unit shall be located on the property.

7. Placement shall be to the rear of the principal building or dwelling unit on the rear half of the property.

8. Shipping containers shall meet the following setback requirements:
i. Shipping containers must be located at least five (5) feet from a property line. ii. When a shipping container is located within ten (10) feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the alley frontage.
iii. When a permanent structure and shipping container are located within ten (10) feet of a property line adjoining an alley, the side of the container parallel to the alley may not be longer than one-half the length of the open alley frontage. Open alley frontage is that portion of the alley frontage where no permanent structure is located on the site within ten (10) feet of the property line adjoining the alley.

9. All shipping containers shall be painted a neutral color or painted to match the existing building(s) on site.

10.Shipping containers shall be placed and/or shall utilize approved screening in such a manner that no more than one foot (1’) of the total structure height is visible from public roadways and residential neighborhoods adjacent to the property where located. i. Approved screening includes, but is not limited to, dense landscaping (i.e., trees, shrubs, etc.); or
ii. Solid or semi-opaque fencing materials (i.e., wood slates, chain link fencing with solid slate inserts).
iii. Screening fences and walls must comply with all applicable ordinances and may not exceed the maximum allowed height or use prohibited fence materials.

C. Shipping containers shall not be allowed as a principal use in any zone. Shipping containers are not permitted as an accessory use to a stand-alone parking lot and they are not permitted on vacant property. Shipping containers shall not be used for habitable space.

D. Shipping containers used during construction to temporarily store equipment or material shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first. In no event, shall a Shipping Container remain on the premises in excess of 60 days after the date of the issuance of a certificate of occupancy or expiration of the building permit.

E. Shipping containers shall be kept in good condition and avoid conditions that contribute to blight, including but not limited to, damage, paint peeling, rust, graffiti, signs, banners, and any unpermitted signage. Visible damage and graffiti shall be repaired and/or removed within 48 hours of occurrence.

F. Shipping containers used to store flammable liquids or other hazardous materials shall be properly labeled or marked, as determined by the Fire Chief. For purposes of this section only, shipping containers with hazardous or flammable liquids in an amount not to exceed fifteen (15) gallons (five (5) gallons per container maximum) or one hundred twenty-five (125) pounds in residential zones will be exempt from these requirements.

G. Shipping containers shall not obstruct adequate access or fire clearance as determined by the Fire Chief. The placement and use of the shipping container shall meet and be used in accordance with all applicable safety, fire, and building codes.

H. Utility connections to a shipping container are prohibited, unless specifically allowed under an applicable building permit.

I. Commercial use. Shipping containers converted for commercial use, or any other such occupied commercial area, shall only be permitted if (i.) the property owner has secured all necessary entitlements required of conventional structures, (ii.) the structure will comply with all provisions of the commercial, industrial, or public facility zoning district in which it is located, (iii.) the structure meets and/or satisfies all applicable provisions of the Municipal Code, and (iv.) a building permit and a certificate of occupancy has been issued for the additional occupied area.

All other standards within this ordinance shall apply to the extent they do not conflict with other applicable standards or as otherwise exempted.

J. Effective Date. This ordinance shall become effective upon publication, any pre- existing nonpermitted on-site shipping containers or storage containers in place prior to said effective date shall be allowed to remain for a maximum of 180 days from the adoption of this ordinance. Upon expiration of the 180 days all shipping containers shall be required to have an Administrative Use Permit approved by the City and brought into compliance with the current ordinance CMC

18.60.180.

K. Violations. Any property that has not submitted an Administrative Use Permit application to the City within 180 days of the Effective Date of this ordinance, and upon which a non-permitted shipping container is located, shall be in violation of this ordinance. Violations of this section shall be subject to the penalty and enforcement provisions of the Municipal Code, including, but not limited to Chapters 1.10, 1.12, 1.16 and 1.20.

The foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Chowchilla, California, held on the 23rd day of January, 2024 and was passed and adopted at the Regular Meeting of the City Council held on the ___ day of February ___, 2024 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC,
City Clerk
Attachment 3 – Existing Ordinance: Section 18.60.180 – Shipping Containers Existing Zoning Code Section: 18.60.180 Shipping containers.

A. Shipping containers may only be used for storage in the C-N, C-S, C-H, MX, O, I-L, I-H, and PF zones, on city-owned sites in any zone, and during construction to temporarily store equipment or material in any zone.

B. Shipping containers shall be incidental to the primary use on the site and/or shopping center.

They are not permitted as an accessory use to a stand-alone parking lot. They are not permitted on vacant property.

C. The maximum number of shipping containers allowed on a site shall be limited to one (1) per each 20,000 square feet of building area. For buildings less than 20,000 square feet, one (1) shipping container is allowed.

E. Shipping containers shall be located, screened, or painted so as to be difficult to view from a public right-of-way, state highway, or residential zone district, to the greatest extent feasible as determined by the Director.

F. Shipping containers shall be kept in good condition and free of damage, rust, graffiti, signs, banners, etc. Repairs shall be made within 48 hours of being damaged. Graffiti shall be removed within 48 hours.

G. Shipping containers may not be used to store flammable liquids or other hazard materials, as determined by the Fire Chief.

H. Shipping containers shall not obstruct adequate access or fire clearance as determined by the Fire Chief.

I. There shall be no utility connections to the shipping container, unless specifically allowed through a building permit.

J. Residential and/or commercial use. Shipping containers converted for residential or commercial use, or any other such occupied space, shall secure all entitlements that are required of conventional structures, shall comply with all provisions of the zone district in which they are located, other applicable provisions of the Municipal Code, and shall secure a building permit.

ZCTA:19-0018 – First Reading
Date: 3, 24,2020

Page 2 of 2 ends

Exhibit D – Compared Ordinances (Proposed compared with Current) Section 18.60.180 – Shipping Containers
Proposed Zoning Code Section: 18.60.180 Shipping containers.

A. Shipping containers shall only be permitted within the City with approval of an Administrative Use Permit issued pursuant to the requirements of Chapter 18.74 of the Municipal Code.

B. Except as otherwise provided, shipping containers shall be permitted in R-L, R-M-5, R-M-6, R-MH, R-H, I-L, I-H, and PF zones with the following development standards:

1. Except for properties located in an area zoned I-L, I-H or PF, no more than five metal shipping containers are allowed per property.

2. Properties located in an area(s) zoned I-L, I-H, or PF are allowed to have no more than twenty-five (25) metal shipping containers.

4. All shipping containers shall be placed on concrete or other paved foundation.

5. No shipping container may be placed on top of another shipping container.

6. A principal building or dwelling unit shall be located on the property.

7. Placement shall be to the rear of the principal building or dwelling unit on the rear half of the property.

8. Setback Requirements for all Shipping Containers regardless of Zoning District:
i. Front Yard Setback: 20 Feet, but shall not be located closer than the primary building located on the property.
ii. Rear and Side Yard Setbacks: 5 Feet.

9. All shipping containers shall be screened a minimum of 75%. Some of the examples of properly screening the container(s):
i. Using Tall and Dense Landscaping Materials such as Trees, shrubs, etc.; or,
ii. Solid or Semi-opaque Fencing Materials such as solid wood slates or chain link with slates.

10.All Shipping Containers shall be painted a neutral color or painted to match the existing building(s) on site.

Attachment 4 - Proposed Ordinance
C. Shipping containers shall not be allowed as a principal use in any zone. Shipping containers are not permitted as an accessory use to a stand-alone parking lot and they are not permitted on vacant property. Shipping containers shall not be used for habitable space.

D. Shipping containers used during construction to temporarily store equipment or material shall be removed upon occupancy of the building and/or expiration of the building permit, whichever occurs first. The Shipping Container used during construction shall be removed within 60 days of the date of the issuance of the certificate of occupancy of the building permit.

E. Shipping containers shall not be visible to the motoring public or from residential neighborhoods adjacent to the property where located unless measures are employed that mitigate the visual impacts of such containers through the Administrative Use Permit Process.

G. Shipping containers used to store flammable liquids or other hazardous materials shall be properly labeled or marked, as determined by the Fire Chief.

H. Shipping containers shall not obstruct adequate access or fire clearance as determined by the Fire Chief. Shipping Containers located within Residential Zones with contents of a single container of hazardous material not to exceed 5 gallons and a maximum of 15 gallons or 125 lbs. of hazardous material, shall be exempt from labeling or marking the container. The placement and use of the shipping container shall meet and be used in accordance with all applicable safety, fire, and building codes.

I. Utility connections to a shipping container are prohibited, unless specifically allowed under an applicable building permit.

J. Commercial use. Shipping containers converted for commercial use, or any other such occupied commercial area, shall only be permitted if (i.) the property owner has secured all necessary entitlements required of conventional structures, (ii.) the structure will comply with all provisions of the commercial, industrial, or public facility zoning district in which it is located, (iii.) the structure meets and/or satisfies all applicable provisions of the Municipal Code, and (iv.) a building permit and a certificate of occupancy has been issued for the additional occupied area. Any permitted structure shall be required to be painted to match the existing building(s) on-site and located within the rear area of the property.

K. Effective Date. This ordinance shall become effective upon publication, any preexisting non-permitted on-site shipping containers or storage containers in place prior to said effective date shall be allowed to remain for a maximum of 180 days from the adoption of this ordinance. Upon expiration of the 180 days all shipping containers shall be required to have an Administrative Use Permit approved by the City and brought into compliance with the current ordinance CMC 18.60.180.

L. Enforcement. Any property with a non-permitted shipping container and has not submitted an Administrative Use Permit application to the City after 180 days shall be considered in violation of CMC 18.60.180. Failure of the property owner to abided by the regulations set forth will be punishable with the issuance of an administrative citation. Any violation notices mailed to the property owner shall be sent by certified mail.

REPORT TO THE CITY COUNCIL
Item 3.4

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: February 13, 2024
AGENDA SECTION: Consent
SUBJECT: Consideration and Adoption of an Ordinance Amending Chowchilla Municipal Code Sections 18.08 – Land Use Tables, 18.60.120 - Mobile Food Vendor, 18.96.020 – Definition of Land Use and approve the addition of Title

9.06- Vending on Public Property and Title 9.07- Food Truck Vending Zoning Code (Text Amendment No. 23-0736)
PREPARED BY: Mark Hamilton, Community & Economic Development Director ATTACHMENTS: 1. Ordinance

2. Current Ordinances

3. Proposed Ordinances

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

That the City Council adopt proposed amendments to municipal code sections 18.08 – Land Use Tables,

18.60.120 - Mobile Food Vendor, 18.96.020 – Definition of Land Use and approve the addition of Title

9.06- Vending on Public Property and Title 9.07- Food Truck Vending Zoning Code (Text Amendment No. 23-0736).

BACKGROUND:

On October 24, 2023, Council created a Mobile Vendor Ad Hoc Committee to review existing mobile vendor regulations within the City and to propose modifications and/or create new regulations regarding mobile food vendors.

REASON FOR RECOMMENDATION:

The proposed modifications and additions address recent updates in state law regarding mobile food vendors while also addressing the City’s health and safety concerns and addressing community concerns regarding prior mobile vendor regulations.

The proposed modifications and additions resulted in the creation of, or substantial changes to, the following sections:
• Proposed New Title 9.06- Vending on Public Property
• Proposed New Title 9.07- Food Truck Vending
• Amending Title 18.08 - Land Use Table
• Amending Title 18.60.120 – Mobile Food Vendor
• Amending Tittle 18.96 – Definitions of Land Uses
Introduction of the proposed ordinance amendments was approved at the January 23, 2024 City Council meeting.

ENVIRONMENTAL REVIEW ANALYSIS:

The project is exempt per CEQA Guidelines Section15305 - MINOR ALTERATIONS IN LAND USE LIMITATIONS Class 5. The project consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: (a) Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; (b) Issuance of minor encroachment permits; (c) Reversion to acreage in accordance with the Subdivision Map Act.

FISCAL IMPACT:

None.

ALTERNATIVES:

Council can reject the Planning Commission Recommendation, reaffirm the Planning Commission’s decision, or choose to leave the current Zoning Code as-is ACTIONS FOLLOWING APPROVAL:
• Within fifteen (15) days of adoption, the Clerk's Office will publish the summary of the amended ordinance and the voting results of who was for or against the amendment. • Post amended ordinance in the kiosk for public review. • After thirty (30) days, the amended ordinance goes into effect.

COUNCIL ORDINANCE # -24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA CALIFORNIA, ADDING CHAPTER 9.06 RELATING TO VENDING ON PUBLIC PROPERTY AND CHAPTER 9.07 RELATING

TO FOOD TRUCK VENDING TO THE CHOWCHILLA MUNICIPAL CODE AND APPROVING ZONING ORDINANCE AMENDMENT NO. 23-0736
WHEREAS, The City of Chowchilla (“City”) undertook a comprehensive Zoning Ordinance update in 2018; and
WHEREAS, the City Council voted to adopt the updated Zoning Ordinance on October 9, 2018 and the updated Zoning Ordinance went into effect on November 8, 2018; and WHEREAS, the City, in response to comments from the community in opposition to current mobile vendor regulations, created an Ad Hoc Committee to propose modifications and/or create new regulations regarding mobile food vendors; and
WHEREAS, these proposed amendments and additions were developed to address recent updates in state law regarding mobile food vendors while also addressing the City’s health and safety concerns and addressing community concerns; and
WHEREAS, a public hearing was duly noticed for the January 23, 2024, City Council meeting; and WHEREAS, at their January 17, 2024 meeting, the Chowchilla Planning Commission voted unanimously to recommend that the City Council approve the amendments to Chowchilla Municipal Code Sections 18.08 – Land Use Tables, 18.60.120 - Mobile Food Vendor, 18.96.020 – Definition of Land Use; and
WHEREAS, the Zoning Ordinance Update is covered by the Environmental Impact Report that was completed for the City’s 2011 General Plan Update and a determination has been made that no additional CEQA analysis is required as part of these proposed Zoning Ordinance amendments, Pursuant to CEQA Guidelines 15305; and,
WHEREAS, the City Council has carefully considered the staff report, Ad Hoc Committee recommendations and all oral and written evidence presented during the public hearing.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby ordains:

1. The zoning ordinance amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title;

2. The zoning ordinance amendment would not be detrimental to the public health, safety, or welfare of the community;

3. The zoning ordinance amendment would maintain the appropriate balance of land uses within the city;

4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.

5. The ordinance revisions to Municipal Code Sections 18.08, 18.60.120, and 18.96.020 are set forth in Exhibit A.

6. Council hereby adopts and approves the addition of Chapter 9.06 (Exhibit B) and Chapter

9.07 (Exhibit C) to the Chowchilla Municipal Code.

7. The provisions of this resolution are severable, and the validity of any part thereof, including any fee, shall not affect the validity or effectiveness of the remainder of the resolution.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC,
City Clerk

EXHIBIT A
Created: 2023-09-07 11:26:25 [EST]
(Supp. No. 18, Update 2)

Page 1 of 4 ends

Chapter 18.08

LAND USE TABLES
Section:

18.08.030 Commercial, office, and industrial land use table.

A. The following table identifies which land uses are permitted by right, require a use permit, or are not allowed in the C-N, C-S, C-H, MX-D, MX, O, I-L, I-H, PF, and OS zones.

B. A “P” means that the use is permitted by right in that zone. A “C” means the use requires a conditional use permit in that zone. An “A” means the use requires an administrative use permit in that zone. A “T” means the use requires a temporary use permit in that zone. A blank box means the use is not allowed in that zone.

C. Land uses are grouped generally by type of use, and then listed alphabetically. The land use groups are Accessory and Support Uses; Eating and Drinking Establishment Uses; Education, Religious, and Assembly Uses; Manufacturing and Processing Uses; Office and Medical Uses; Public and Quasi-Public Uses; Recreation Uses; Residential Uses; Retail Uses; Service Uses; Transportation and Storage Uses; and Other Uses.

D. Land uses with specific land use standards shall meet the requirements found in the identified Section in the last column of the table.

E. If two or more land uses are permitted in the same zone, those land uses may coexist on the same site Table 18.08.030
Commercial, Office, and Industrial Use Table
P = Use is Permitted by Right C = Use Requires Conditional Use Permit A = Use Requires Administrative Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed
Commercial and
Mixed Use Zones
Office and
Industrial
Zones
Other
Zones
Land Uses
C-N
C-S
C-H
MX-D
MX
O
I-L
I-H
PF
OS
Specific Land Use
Standards (See
identified
Section)
A13 Mobile Food Vendor A / T A / T A / T A / T A / T A / T A / T A / T A / T Chapter

18.60.120

EXHIBIT A
Created: 2023-09-07 11:26:25 [EST]
(Supp. No. 18, Update 2)

Page 2 of 4 ends

Chapter 18.60

SPECIFIC LAND USE STANDARDS
Sections:

18.60.120 Mobile Food Vendor.

A. Mobile Food Vendor(s) are allowed only within zoning districts identified in Chapter 18.08 as administrative uses or temporary uses. The application for a Mobile Food Vendors shall be processed as an Administrative Use Permit as provided in Chapter 18.74 or as a Temporary Use Permit as provided in Chapter 18.76 and issued by the Director of Community and Economic Development. The application for the Mobile Food Vendor shall be accompanied by a filing fee established by the city council. The conditions of this section shall be made a part of the issuance of either the Administrative Use Permit or Temporary Use Permit to operate as a Mobile Food Vendor.

B. Mobile Food Vendor(s) shall be permitted to operate in all commercial, industrial, and Public Facility zones within the City with valid approval and issuance of applicable permits and payments of required fees, including, but not limited to, Administrative Use Permits, Temporary Use Permits, and Special Event Permits.

C. General Provisions.

1. Noise and amplified music shall comply with all applicable noise standards.

2. The sale of alcohol and tobacco products shall be prohibited.

3. Free-standing signs, such as A-frame signs and sidewalk signs, shall comply with Chapter 18.56 signs.

Signs attached to the Mobile Food Vendor vehicle are exempt from Chapter 18.56.

4. Extension cords and cables shall be of a grounded-type and approved for outdoor use. Extension cords shall not be frayed, worn, or in pedestrian traffic areas unless they are secured. Cables in pedestrian traffic areas must also be encapsulated in cable ramps. All electrical power shall be in locations free from potential water intrusion and not located near gutters or storm drains.

5. A 2A10BC fire extinguisher shall be maintained inside any enclosed mobile food facility in accordance with California Fire Code established by the State Fire Marshal as set forth in the Title 24 of the California Code of Regulations.

6. Any use of water from a rented location must not be permanently attached. All hose bibs shall be considered temporary and have a backflow preventer. Any hoses in pedestrian traffic areas must be secured and encapsulated in a hose ramp.

7. Clean-up shall be by dry method only, such as ‘brooming’ or sweeping. No water hose shall be used for clean-up purposes.

8. Mobile Food Vendors may not operate on city-owned property, including city parks, without prior written authorization from the City.

9. The site upon which a mobile food vendor is located, including but not limited to, pedestrian traffic areas, parking areas, waiting areas, and parking areas, must be paved.

D. Validity of Administrative Use Permit. Administrative Use Permits issued to Mobile Food Vendors will be valid for one (1) calendar year from the date of approval. Permittees may apply for a new Administrative Use Permit, no sooner than ninety (90) days prior to the expiration of their current Administrative Use Permit.

EXHIBIT A
Created: 2023-09-07 11:26:25 [EST]
(Supp. No. 18, Update 2)

Page 3 of 4 ends

E. Validity of Temporary Use Permit. Temporary Use Permits for the operation of Mobile Food Vendors shall only be valid for the duration of an approved event or as otherwise provided for within the Temporary Use Permit.

EXHIBIT A
Created: 2023-09-07 11:26:25 [EST]
(Supp. No. 18, Update 2)

Page 4 of 4 ends

Chapter 18.96

DEFINITION OF LAND USES
Sections:

18.96.020 Land use definitions.

The following land use definitions apply to this title. The item number in parenthesis at the end of the definition is not a part of the definition, but refers to the line item of that land use in Table 18.08.020 and Table 18.08.030. “Mobile Food Vendor” means any motorized vehicle, motorized cart, trailer pulled by a motorized vehicle, or any motorized conveyance from which food is peddled or sold for sale. (A13)

EXHIBIT B
Chapter 9.06

VENDING ON PUBLIC PROPERTY
Sections:

9.06.01 Definitions.

9.06.02 Business license certificate.

9.06.03 Health and sanitation requirements.

9.06.04 Vendor permit to operate.

9.06.05 Operational requirements.

9.06.06 Additional rules for sidewalk vendors.

9.06.07 Food truck vendors.

9.06.08 Additional rules for vending in parks.

9.06.09 Supplemental regulations.

9.06.10 Violations.

9.06.01 Definitions.

For purposes of this chapter, the following definitions apply:
“Annual permit” means a permit to vend lasting one calendar year unless otherwise provided by this chapter.
“City” means the City of Chowchilla.
“Code” means Chowchilla Municipal Code and all codes incorporated therein by reference. “Food” shall be as defined in Health and Safety Code Section 113781 or any successor provision.
“Food facility” shall be as defined in Health and Safety Code Section 113789 or any successor provision.
“Food truck vendor” means a vendor selling, offering for sale, or distributing food from a vehicle.
“Hand washing facility” means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359.
“Health Officer” shall be as defined in Health and Safety Code Section 111015. “Location” means the area within a one-hundred-foot (100') radius of the vendor’s position. “Merchandise” means commodities or goods that are bought and sold. “Mobile food facility” shall be as defined in Health and Safety Code Section 113831 or any successor provision.

EXHIBIT B
“Peddler” means and includes every person not having a regularly established place of business in the City who travels from place to place or has a stand upon any public street, alley, or other place, doorway or any room or building, unenclosed or vacant lot, or parcel of land and who sells or offers for sale any foodstuffs, goods, wares, merchandise, or articles of personal property in their possession.
“Roaming sidewalk vendor” means a sidewalk vendor selling, offering for sale, or distributing food or merchandise on a public sidewalk continuously moving except when making a sale. “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, bicycle or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. “Single event permit” means a vending permit valid for a specific amount of time not to exceed thirty (30) continuous days.
“Special event” means any outdoor event designated for the exclusive use of the event organizer utilizing public areas, including streets and parking lots temporarily closed by the City Council or Chowchilla Police Department.
“Stationary sidewalk vendor” means a sidewalk vendor selling, offering for sale, or distributing food or merchandise on a public sidewalk in one location as provided by applicable permit. “Toilet facility” means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359. “Vehicle” means a mobile food facility, catering truck, or other motorized conveyance upon which food or merchandise is sold, offered for sale or distributed. “Vend” or “vending” means to offer for sale or distribution. “Vendor” shall include peddler, roaming sidewalk vendor, sidewalk vendor, stationary sidewalk vendor.
“Vendor permit” or “vending permit” or “permit” means the permit issued to vendors pursuant to this chapter.

9.06.02 Business license.

It shall be unlawful to sell, offer for sale, or distribute any food or merchandise on any public sidewalks, pedestrian paths, or parks within the City without first obtaining a business license and paying the applicable business registration fee for each vendor, pursuant to Chapter 5.04 of the Municipal Code.

Notwithstanding those provisions, no business license shall be issued without evidence that the vendor has obtained all permits required by this chapter. The original of the City business license, vendor permit, and health permit, as applicable, shall be displayed conspicuously at all times on the vendor’s vehicle, person, or site.

EXHIBIT B

9.06.03 Health and sanitation requirements.

Vendors selling or offering food shall obtain a health permit from the Madera County Health Officer, as applicable. The health permit shall be displayed conspicuously at all times on the vendor’s vehicle, person, or site. Evidence of a health permit shall be made available to City staff as part of the business license application or renewal.

9.06.04 Vendor permit to operate.
(a) Permit required. It shall be unlawful to sell, offer for sale, or distribute any food or merchandise on any public sidewalk, pedestrian path, or park within the City without first obtaining a valid City issued vendor permit pursuant to the provisions of this chapter. The vendor’s permit shall be displayed conspicuously at all times on the vendor’s vehicle, person, or site. Evidence of such permit shall accompany the business license application or renewal application to the City.
(b) Person and location specific. Vendor permits shall be specific to a person, business and/or location.
(c) Nontransferable; no vested right. Vendor permits shall be nontransferable. No vendor shall acquire a vested right or property interest from the issuance of a permit, and permits shall at all times be subject to the provisions of this chapter. (d) Application and fees. Written application for a vendor permit shall be filed with the Community Development Department and shall be accompanied by a fee as approved by City Council. Applicants are strongly encouraged to apply for permits more than forty-five (45) days before the permit is needed in order to ensure timely processing of the application.

The vendor applicant shall provide the following information on a form approved by the City, along with any required documentation, including, but not limited to:
(1) Names, addresses, email addresses, and telephone numbers of the vendor applicant and of all persons financially interested in the business; (2) A statement of the type of food or merchandise to be sold; (3) The location(s) at which the applicant intends to operate; (4) Number of vehicles the vendor applicant intends to operate, along with a copy of the current registration of each vehicle;
(5) Intended day(s) and hours of operation at such location(s); (6) The site of the toilet and hand washing facility required by Health and Safety Code Section 114359;
(7) If the toilet and hand washing facility required by the Health and Safety Code is on private property, a copy of an enforceable contract between the private property owner and the vendor applicant allowing vendor to utilize such facilities on the day(s) and hours of operation;

EXHIBIT B
(8) A copy of the health permit required by this chapter, including any applicable commissary letter, as required;
(9) Agreement by the applicant to indemnify and hold harmless the City, its officers, officials, volunteers, and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s vending location; (10) Evidence of general liability insurance, as applicable, in a form and at levels of coverage acceptable to the City;
(11) Previous vending permits issued to the applicant in other cities and the status of those permits;
(12) Authority for applicable City staff to conduct any background check necessary for the investigation required by this chapter;
(13) Certification that, to his or her knowledge and belief, the information provided is true and correct;
(14) Such further information as the City may require.
(e) Investigation. The Community Development Department shall conduct a review of the application and shall issue a vendor permit within forty-five (45) days of receipt of a complete application, upon finding all of the following:
(1) An accurate application has been filed;
(2) The required application fee has been paid;
(3) All applicable provisions of this chapter have been or will be met; (4) The vending will not cause excessive traffic congestion, impede pedestrian or bicycle movement, or violate any applicable Federal or State accessibility laws; (5) The vending will not impede recreational opportunities on City parks, trails, and open spaces;
(6) The vending will not change the residential character of residential neighborhoods or have an adverse effect on the safety of the community in any zone district. (f) Conditions of approval. The City Administrator and/or his or her designee, may impose conditions of approval on the vendor permit necessary to make findings for approval. The City Administrator and/or his or her designee shall document the need for the conditions. (g) Permit term and renewal. Except where a vendor permit is issued for a shorter duration, as set forth in subsection (h) of this section, permits shall be issued on a calendar year basis as follows:
(1) Initial permits. First-year permits issued after October 1st shall be valid until December 31st of the succeeding year and automatically expire at that time unless sooner

EXHIBIT B
suspended or revoked. First-year permits issued prior to October 1st shall be valid until December 31st of that year and automatically expire at that time unless sooner suspended or revoked.
(2) Annual renewal. Any vendor permit pursuant to this chapter shall automatically expire, terminate, and be of no further force and effect at 5:00 p.m. on December 31st of each year if not renewed. Permits may be renewed prior to expiration by submitting an application for renewal to the Community Development Department prior to November 1st, accompanied by a renewal fee as approved by the City Council. Applicants for renewal of a first-year permit issued for a period of less than twelve (12) months shall receive pro rata credit towards the renewal fee. The application for renewal shall contain the same information required by subsection (d) of this section, updated to reflect changes in the preceding year.
(h) Single event permits. Single event permits shall only be valid for the duration of the event and shall not exceed thirty (30) consecutive days in duration and shall name the exact dates of validity on the permit. No more than one single event permit shall be issued to a vendor in a calendar year.
(i) Priority of applications. Vendor applications will be processed in the order of receipt of a complete application, as determined by the Community Development Department, accompanied by payment of the required application fee. Specific vending locations requested by more than one vendor will be allocated based upon this order. A list of applicants shall be maintained and at the time of renewal, the next vendor on the list will have priority. For high demand areas, the City Administrator and/or his or her designee may limit the duration of permits to less than one year.

9.06.05 Operational requirements.

All vendors are subject to the conditions set forth below:
(a) No vendor shall locate within one thousand feet (1000') of the grounds of any elementary or secondary school on any school day while school is in session; (b) No vendor shall locate within five hundred feet (500') of a freeway entrance or exit; (c) No vendor shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop;
(d) No vendor shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;
(e) No vendor shall locate on any public sidewalk or within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone; (f) No vendor shall locate within two hundred feet (200') of any other vendor operating during the applicable vending hours specified in this chapter; (g) No vendor may obstruct the flow of pedestrian traffic by reducing the clear space to less than sixty inches (60") of usable sidewalk pursuant to applicable California Building Codes;

EXHIBIT B
(h) No vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts;
(i) No vehicle shall roll up onto the sidewalk or cause traffic to block and be delayed; (j) No driveways, parking lots, or private property can be occupied by a vendor without written permission;
(k) No vendor shall locate their operation in such a way that would restrict trash enclosures; (l) No vendor shall locate their operation in such a way that would restrict required off street parking and parking meters;
(m) No sidewalk vendor is permitted in residential areas except for roaming sidewalk vendors pursuant to Section 9.06.06;
(n) No vendor shall conduct business with customers in moving cars; (o) Vendors must provide a visible trash receptacle for use by bona fide purchasers; (p) The vendor shall not leave any location without first picking up, removing and disposing of all trash or refuse from their operation that remains within one hundred feet (100') of the vendor’s position;
(q) No vending shall occur between the hours of 10:00 p.m. and 7:00 a.m. Specific types of vending may have shorter permitted hours;
(r) No vendor handling food shall operate more than two hundred feet (200') travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the vendor permit holder and any of its employees whenever operating for more than a one-hour period;
(s) No vendor shall vend within one hundred feet (100') of a special event for one hour before or after the reserved event time;
(t) No sidewalk vendor shall vend in the street;
(u) Vendors shall not use City utility connections, including electricity and water, without prior written approval;
(v) Vendors shall not leave items unattended or stored on public property.

9.06.06 Additional rules for sidewalk vendors.
(a) Roaming sidewalk vendors shall not stop more than ten (10) minutes to vend in one location.
(b) Vendors are prohibited in all exclusively residential zone districts in the City, except for roaming sidewalk vendors and special event vendors.
(c) Roaming sidewalk vendors are prohibited from vending in all exclusively residential zone districts between the hours of 6:00 p.m. and 8:00 a.m.

EXHIBIT B
(d) Sidewalk vending is prohibited along the frontage of any business that has a sidewalk permit from the City to sell food or merchandise on the sidewalk in front of the business.

9.06.07 Food truck vendors.

Food truck vendors are regulated by Chapter 9.07.

9.06.08 Additional rules for vending in parks.
(a) Vendors shall not vend in parks less than one acre in size to preserve the use and enjoyment of smaller residential and pocket parks.
(b) Vendors shall be subject to the City’s park rules and regulations. (c) Stationary sidewalk vending is not allowed at parks that have exclusive vending contracts. (d) Vendors shall at all times adhere to the special event restrictions. (e) Vendors shall at all times meet the two-hundred-foot (200') separation requirement from other vendors, unless otherwise authorized by City staff.

9.06.09 Supplemental regulations.

The City Administrator and/or his or her designee, is hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials, reasonably necessary to implement this chapter, and to make such interpretations of this chapter as they may consider necessary to achieve the purposes of this chapter. Violations of supplemental rules and regulations shall be considered violations of this chapter.

9.06.10 Violations.
(a) Fines and penalties. Violations of this chapter or the conditions in a vendor permit shall be subject to the following fines:
(1) Vendor without a valid permit:
(i) An administrative fine of two hundred fifty and 00/100ths dollars ($250.00) for a first violation;
(ii) An administrative fine of five hundred and 00/100ths dollars ($500.00) for a second violation within one year of the first violation; (iii) An administrative fine of one thousand and 00/100ths dollars ($1,000.00) for a third violation within one year of the first violation; (iv) An administrative fine of one thousand and 00/100ths dollars ($1,000.00) for a fourth and each subsequent violation within one year of the first violation and confiscation of the vehicle, food and merchandise as provided for in subsections (b) and (c) of this section;
(v) The administrative fines listed in this subsection may be reduced from two hundred fifty and 00/100ths dollars ($250.00) to one hundred and 00/100ths dollars ($100.00), five hundred and 00/100ths dollars ($500.00) to two hundred and 00/100ths dollars ($200.00) and one thousand and 00/100ths dollars ($1,000.00) to five hundred

EXHIBIT B
and 00/100ths dollars ($500.00) upon submission of proof of a permit to the City Administrator’s office.
(2) Vendor with a valid permit:
(i) An administrative fine of one hundred and 00/100ths dollars ($100.00) for a first violation;
(ii) An administrative fine of two hundred and 00/100ths dollars ($200.00) for a second violation within one year of the first violation; (iii) An administrative fine of five hundred and 00/100ths dollars ($500.00) for a third violation within one year of the first violation; and (iv) An administrative fine of five hundred and 00/100ths dollars ($500.00) for a fourth and each subsequent violation within one year of the first violation and revocation or suspension of permit and/or confiscation of vehicle, food and merchandise, as provided for in subsections (b) and (c) of this section. (3) Penalties for failing to have a Business license are subject to the penalty provision of Chapter 1.10.
(4) Fines may be issued on a form approved by the City Administrator, and shall include an appeal process as provided for in Chapter 1.10.
(b) Revocation and suspension. The City may suspend for up to thirty (30) days or revoke any permit issued under this chapter when any one or more of the following grounds are found to exist:
(1) Violation of this chapter or provisions of a vendor permit. The City shall not revoke a permit for violations of this chapter or the vendor permit that relate solely to the act of vending until the fourth violation in any three hundred sixty-five (365) day period. (2) Violation of local, State, or Federal law in connection with vendor activity. (3) When a vendor’s permit was issued under fraudulent circumstances or mistake. (4) When necessary to protect the public health, safety, or welfare. (c) Confiscation. In connection with suspension or revocation of a vendor permit, the City may confiscate property used in connection with vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare. (d) Procedures. The following procedures shall apply for suspensions, revocation, and confiscation:
(1) Prior to revocation or suspension of a permit and/or confiscation of property, the City shall provide written notice to the vendor stating the reasons for the action by personal notice or certified mail.

EXHIBIT B
(2) The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the permit. (3) Unless immediate suspension is necessary to protect the public health, safety, and welfare, prior to taking final action the City Administrator and/or his or her designee shall afford the vendor, and vehicle owner when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in sections 1.10.080 and 1.10.090. For immediate suspensions, the appeal hearing, if requested, shall be held within ten (10) business days after the filing of the appeal.
(4) If an appeal is filed, the hearing officer may permanently revoke the permit, reinstate the permit, conditionally reinstate the permit, or modify the suspension, based upon findings related to circumstances described in this section. The Hearing Officer shall also make appropriate findings regarding any confiscation.

EXHIBIT C
Chapter 9.07

FOOD TRUCK VENDING

9.07.01 Definitions.

For purposes of this Chapter, the following definitions apply:
“Administrative Use Permit” shall mean a permit issued by the City of Chowchilla in accordance with Chapter 18.74.
“City” means the City of Chowchilla.
“Code” means the Chowchilla Municipal Code and all codes incorporated therein by reference. “Food” shall be as defined in Health and Safety Code Section 113781 or any successor provision.
“Food Facility” shall be as defined in Health and Safety Code Section 113789 or any successor provision.
“Food Truck” means a mobile food facility as defined in Health and Safety Code Section 113831 or any successor provision and any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one (1) or more locations within the City. A Food Truck shall also include any trailer or wagon equipped and used as described in this definition and pulled by a vehicle.
“Food Truck Permit” or “Permit” means the Administrative Use Permit, Temporary Use Permit, Special Event Permit, or any other required permit issued to a property owner or lessee with authority allowing Food Trucks to operate on private property pursuant to this Chapter. “Food Truck Vendor” or “Vendor” means an individual or business responsible for or utilizing a Food Truck to sell, offer for sale, or distribute Food.

“Hand washing Facility” means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359.
“Health Officer” shall be as defined in Health and Safety Code Section 111015. “Special Event” means any outdoor event designated for the exclusive use of the event organizer utilizing public areas, including streets and parking lots temporarily closed by the City Council or Chowchilla Police Department.
“Temporary Use Permit” shall mean a permit issued by the City of Chowchilla in accordance with Chapter 18.76.
2 “Toilet Facility” means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359. “Vend” or “Vending” means to offer for sale or distribution.

9.07.02 Business License Requirements.

All Food Trucks operating in the City shall obtain a business license pursuant to Chapter 5.04 of the Municipal Code. No business license shall be issued without evidence that the Vendor has obtained all permits and paid all fees as required by this Chapter. The original of the City business license certificate, County health permit, and any additional permit required by this Chapter, shall be displayed conspicuously at all times on the Food Truck.

9.07.03 Mobile Food Vendor Inspection Fee.

All Food Trucks operating in the City shall be required to successfully complete safety and compliance inspections by the City’s Fire and Community Development Departments. The applicable fee amount for inspections under this section shall be provided within the City’s Master Fee Schedule.

9.07.04 Health and Sanitation Requirements.

Vendors shall obtain a health permit from the Madera County Health Officer. The health permit and applicable commissary agreement letter shall be displayed conspicuously at all times on the Vendor’s Vehicle. Evidence of a health permit shall be made available to City staff as part of the business license application or renewal.

9.07.05 Permit to Operate on Private Property.
(a) Permit required. No Food Truck shall operate on private property without a Food Truck Permit issued to the property owner, lessee, or applicant. A Food Truck Permit shall be either a Temporary Use Permit for a single event or an Administrative Use Permit for all other situations. (b) Single event permits. The City may issue a Temporary Use Permit for single events. A single event permit may only be issued for exclusively residentially zoned districts once per year.

Other zoned areas may have a maximum of four (4) single event permits issued per year. (c) Private Events. Food Truck Permits are not required for Food Trucks operating for a oneday private event or party located either on the site of the event or in the public right-of-way with no retail sale to the general public and no admission charge to the event. (d) Special Events. Food Trucks operating within a Special Event or City-sponsored event shall be required to obtain all applicable permits, including, but not limited to a special event permit and to pay all applicable fees.
3 9.07.06 Operational Requirements.

All Food Truck Vendors are subject to the following conditions:
(a) No Food Truck shall locate within fifty (50) feet of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop.
(b) No Food Truck shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property.
(c) No Vendor shall sell food and beverage items not regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et. seq., as it currently exists or may be amended).
(d) No Vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts.
(e) No Vehicle shall roll up onto the sidewalk or cause traffic to block and be delayed. (f) No driveways, parking lots, or private property can be occupied by a Vendor without written permission from the property owner or lessee.
(g) No Vendor shall locate their operation in such a way that would restrict trash enclosures. (h) No Vendor shall locate their operation in such a way that would restrict required off street parking and parking meters.
(i) No Vendor shall conduct business with customers in moving cars. (j) Vendors must provide a visible trash receptacle for use by customers. (k) The Vendor shall regularly pick up, remove and dispose of all trash or refuse from their operation that remains within two hundred (200) feet of the Vendor’s position. Regularly means not less than every one (1) hour. For Vendors that operate less than one hour at a location, the Vendor shall pick up, remove and dispose of all trash or refuse prior to leaving the location. (l) No Vending shall occur between the hours of 10:00 p.m. and 7:00 a.m. and no overnight parking shall be permitted. Through the Administrative Use Permit or Temporary Use Permit process, the City Administrator and/or their designee may require shorter hours of operation or allow longer hours of operation depending on the type of vending and location. (m) No Vendor shall operate more than two hundred (200) feet travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the Food Truck Permit holder and any of its employees whenever operating for more than a one (1) hour.
4 (n) No Vendor shall Vend within three hundred (300) feet of a Special Event for one (1) hour before or after the reserved event time, unless the Vendor is approved by the event’s sponsor to participate in the event.
(o) Vendors shall not use City utility connections, including water and electric, without prior written approval from the City.
(p) Vendors shall not leave items unattended or stored on public property. (q) All Vendors shall comply with the California Vehicle Code and California Health and Safety Code.
(r) Food Trucks may not operate in an exclusively residentially zoned district in the City, except for private events as provided for in Section 9.07.05(c) or with the issuance of a Temporary Use Permit as provided for in Section 9.07.05(b). (s) Vendors shall not operate in an unsafe manner, including but not limited to, impeding onor off-site vehicle circulation and obstructing the view of pedestrians by motorists. (t) Vendors may not sell non-food accessory retail items that exceed ten percent (10%) of the average annual gross receipts of sales from the Food Truck. Non-food accessory retail items may not occupy more than ten percent (10%) of the Food Truck space devoted to preparation and sales. If the business is a new business, the gross receipts shall be calculated by considering the Vendor’s estimated annual gross receipts for the first year of operation. “Gross receipts” shall mean the total amount of revenue derived from activities conducted on or within the Food Truck.

(u) No Vendor shall locate within three hundred (300) feet of any other Vendor operating during the applicable Vending hours specified in this Chapter, except that the Food Truck Permit may allow for smaller groupings of Food Trucks on a single parcel of property.

9.07.07 Additional Rules for Food Truck Vendors on Public Rights-of-Way. (a) No Food Truck shall Vend in any one Location on a public street for more than forty-five (45) minutes in any two (2) hour period. “Location” for purposes of this section shall mean a radius of five hundred (500) feet from the original position of the Food Truck. (b) No Food Truck shall locate within five hundred (500) feet of a freeway entrance or exit. (c) No Food Truck shall locate within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone. (d) The Vehicle shall be legally parked and shall not stop, stand, or park in any clear vision triangle or no parking zone.
(e) Vehicles shall not occupy more than two on-street parking spaces in the public right-ofway in commercial zones. 5 (f) Vendors shall limit food and beverage service to that side of the Food Truck facing away from the street.
(g) No Vendor shall locate within one thousand (1000’) feet of the grounds of any elementary or secondary school on any school day while school is in session; this restriction does not apply to an event at a school facility if the Vendor is in partnership with the organization conducting the event and is located on the site of the event. (h) Vendors shall indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with operation of the Food Truck on City right-of-way, regardless of fault, unless the injuries or damages are the result of City's sole negligence or willful misconduct.
(i) Vendors shall maintain, at their sole cost and expense, liability insurance in the amount of not less than $2,000,000 per occurrence, $4,000,000 aggregate, covering liability associated with operation of the Food Truck. Vendors shall also maintain, at their sole cost and expense, automobile insurance in the amount of not less than $1,000,000 commercial auto liability coverage. The insurance shall be in full force and effect at any time the vendor is operating in the City. Prior to operations, the Vendor shall deliver or have on file with the City a Certificate of Insurance which includes all required coverages, endorsements, and names the City of Chowchilla as additionally insured and as the certificate holder. The City’s Risk Manager shall verify coverages.

9.07.08 Additional Rules for Food Truck Vendors on Private Property. (a) Vendors shall obtain written authorization to operate the Food Truck from the property owner, or a lessee with authority.
(b) Food Trucks shall operate as follows:
(1) Within a level parking area, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the Food Truck.
(2) Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way. (3) Vendors shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking 6 available for the primary use(s) of the site during peak periods as determined by the City Administrator and/or their designee.
(4) Vendors shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.

9.07.09 Special Events – City Sponsored Events.

Vendors operating in conjunction with a City-sponsored event, or pursuant to an applicable special events permit, are exempt from the provisions or this chapter and shall meet all requirements as specified within the special event permit or as required by City.

9.07.10 Supplemental Regulations.

The City Administrator and/or their designees, are hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials, reasonably necessary to implement this Chapter, and to make such interpretations of this Chapter as they may consider necessary to achieve the purposes of this Chapter. Violations of supplemental rules and regulations shall be considered violations of this Chapter.

9.07.11 Violations.
(a) Fines and penalties.

Violations of this Chapter or the conditions in a Food Truck Permit shall be subject to the penalty and enforcement provisions of the Municipal Code, including, but not limited to Chapters 1.10, 1.12, 1.16 and 1.20.
(b) Revocation and suspension.

In addition to the grounds for suspending or revoking a Food Truck Permit, the City may suspend for up to thirty (30) days or revoke any Food Truck Permit issued under this Chapter when any one or more of the following grounds are found to exist:
(1) Violation of this Chapter or provisions of a Food Truck Permit. (2) Violation of local, State, or Federal law in connection with Vendor Activity. (3) When a Vendor’s permit was issued under fraudulent circumstances or mistake. (4) When necessary to protect the public health, safety, or welfare. (c) Confiscation. In connection with suspension or revocation of a Food Truck Permit or violations of this Chapter, the City may confiscate property used in connection with Vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare.
7 (d) Procedures. The following procedures shall apply for suspensions, revocation, and confiscation:
(1) Prior to revocation or suspension of a Permit and/or confiscation of property, the City shall provide written notice to the Vendor stating the reasons for the action by personal notice or certified mail.
(2) The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the Permit. (3) Unless immediate suspension and/or confiscation is necessary to protect the public health, safety, and welfare, prior to taking final action the City shall afford the Vendor, and Vehicle owner when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in sections 1.10.080 and 1.10.090 of the Code. For immediate suspensions and/or confiscations, the appeal hearing, if requested, shall be held within ten (10) business days after the filing of the appeal. (4) If an appeal is filed, the hearing officer may permanently revoke the Permit, reinstate the Permit, conditionally reinstate the Permit, or modify the suspension, based upon findings related to circumstances described in this Section. The hearing officer shall also make appropriate findings regarding any confiscation.

9.07.12 Severability.

If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this Chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

REPORT TO THE CITY COUNCIL
Item 6.1

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TO RETURN TO

THE AGENDA
Meeting of: February 13, 2024
AGENDA SECTION: New Business
SUBJECT: Presentation of Quarterly Financial Investment Report PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Quarterly Report, LAIF Statement

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

Review the Quarterly Financial Investment Report.

BACKGROUND:

In accordance with Section 53601 of the California Government Code and the City’s Investment policy, the City is authorized to invest in Certificates of Deposit, the California Local Agency Investment Fund (LAIF).

In addition to LAIF, the City began investing in Treasury Securities in December 2022 after City Council approval as they typically yield higher interest than LAIF and allows the City to have some diversity in its portfolio. The Treasury securities purchased by the City amounted to $15M. Each time a Treasury security in the portfolio matures, the City will be paid the ‘maturity value’ or ‘face value’ of that security. If such security was purchased at a discount and then held to maturity, then the difference between the discounted principal cost of the security and the face value of the security represents ‘income’ to the City, similar to interest earnings. The City is using Wulff, Hansen & Co. as our Municipal Advisor to oversee the portfolio.

REASON FOR RECOMMENDATION:

N/A.

FISCAL IMPACT:

The US Treasury Securities Custodial Account has a fair market value of $15,629,597 and for the last quarter recognized $184,657 in investment earnings, which includes accrued interest and amortized discount. Accrued interest is interest that has been earned but not yet paid. During the period from October 1, 2023 through December 31, 2023, the City earned accrued interest of $92,087. Amortized discount represents that portion of any discount that has been earned, but not yet paid. As of December 31, 2023, the portfolio’s amortized discount was $92,570.

Interest is allocated to all funds that have a positive cash balance. As of December 31, 2023, the City has $16,269,347 in LAIF and for the last quarter received $145,293 in interest.

ACTIONS FOLLOWING APPROVAL:

N/A.

To Rod Pruett and Kerri Williams, City of Chowchilla
From Steven Gortler, Bud Levine and Rob Pankratz, Wulff, Hansen & Co.

Date January 24, 2024
Subject Quarterly Portfolio Earnings: October 1, 2023 through December 31, 2023 During the period from October 1, 2023 through December 31, 2023, the City held the following U.S. Treasury securities in its portfolio during all or a portion of the period.

All dollar amounts are rounded to the nearest dollar.
* Accrued interest paid by City to Winning Bidder.

Quarterly Book Earnings
During the period from October 1, 2023 through December 31, 2023, the City’s portfolio of U.S. Treasury securities had book earnings of $184,657 which is equivalent to an annualized book yield of 4.84%. By comparison, during the same period the average daily yield paid on deposits in the Local Agency Investment Fund (LAIF) was 3.81%.

Quarterly book earnings of $184,657 included the following:
 $92,087 of interest earnings, plus
 $92,570 of accreted discount.

CUSIP
Number
Purchase
Date
Face
Value
Coupon
Rate
Price Discount Principal
Cost
Accrued
Interest*
Total
Cost
Final
Maturity
Yield to
Maturity
91282CDR9 Dec. 6, 2022 2,511,000 0.750% 95.893 103,117 2,407,883 8,137 2,416,020 Dec. 31, 2023 4.74% 91282CEG2 Mar. 31, 2023 2,762,000 2.250% 97.763 61,800 2,700,200 - 2,700,200 Mar. 31, 2024 4.56% 91282CEX5 Dec. 6, 2022 2,548,000 3.000% 97.554 62,329 2,485,671 33,027 2,518,698 Jun. 30, 2024 4.63% 912828YH7 Jun. 30, 2023 2,774,000 1.500% 95.805 116,369 2,657,631 10,346 2,667,976 Sep. 30, 2024 5.00% 91282CFN6 Oct. 2, 2023 2,698,600 4.250% 98.917 29,239 2,669,361 627 2,669,987 Sep. 30, 2024 5.38% 9128283P3 Dec. 6, 2022 2,529,000 2.250% 95.770 106,979 2,422,021 24,586 2,446,606 Dec. 31, 2024 4.41% Fees
The book earnings shown above do not take into account any fees that were incurred by the City for services provided by the Municipal Advisor, Bidding Agent / Registered Investment Advisor or Custodian Bank. The total of such fees incurred by the City during the period equaled approximately $3,875.

Next Steps
The City does not need to take any further action at this time. This report is informational only.

The next scheduled maturity of a Treasury security in the City’s portfolio will occur on March 31, 2024. Prior to the maturity of each Treasury security in the City’s portfolio, the Wulff Hansen team will assist the City in evaluating its expected cash flow requirements and liquidity needs, and its potential reinvestment options.

Meanwhile, all of the Treasury securities in the City’s portfolio are held in trust for the City by its Custodian Bank. The scheduled payment of interest and principal on each security will be automatically credited to the City’s custody account upon receipt, and the City will continue to receive monthly account statements from the Custodian Bank.

Invest Additional Funds
Depending on the City’s cash balances and its expected future cash flow requirements and liquidity needs, the City may wish to consider investing additional funds in one or more U.S.

Treasury securities, in order to earn additional interest income. If so, the Wulff Hansen team can help arrange for any such additional investment. Please note however that such additional investment would incur additional compensation to Municipal Advisor, based on its current fee schedule, and therefore Municipal Advisor would have an incentive to recommend such an additional investment. For your reference, the current U.S. Treasury yield curve is as follows:

Liquidate Securities
If the City ever needs immediate access to some or all of its invested funds due to a large unanticipated financial obligation or emergency situation, then the Wulff Hansen team can help arrange for the prompt liquidation of one or more Treasury securities in the City’s portfolio.

The market value of the City’s portfolio – as opposed to its face value – typically fluctuates over time as interest rates change. According to the most recent monthly custody account statement, the estimated market value of the Treasury securities in the City’s portfolio on December 31, 2023 was $15,629,597.

Chowchilla City CouncilFebruary 13, 2024

Chowchilla City Council
February 13, 2024