Chowchilla City Council
July 23, 2024

AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, July 23, 2024
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 July 23, 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 4 of this agenda packet.

The Council is prohibited by law from taking any action on matters discussed that are not on the agenda.

No adverse conclusions should be drawn if the Council does not respond to public comment at this time.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc

2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion. For discussion of any Consent Item, it will be made a part of the Regular Agenda at the request of any member of the City Council or any person in the audience.

3.1 Approval of the July 9, 2024 City Council Meeting Minutes (McClendon)

3.2 Consideration and Acceptance of the June 2024 Financials Report (Williams)

3.3 Consideration of the Quarterly Financial Investment Report, 2nd Quarter (Rogers)

3.4 Consideration and Approval of the Response to the 2023-2024 Madera County Grand Jury Final Report: “Fairmead: Waiting for a Train” (Rogers)

3.5 Consideration and Approval of the Response to the 2023/24 Madera Grand Jury Final Report: “Madera County Animal Services: It’s a Dog’s Life” (Palmer)

3.6 Second Reading and Adoption of an Ordinance Authorizing the Levy of Special Taxes in Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Including Certain Annexation Territory (Hamilton)
PUBLIC HEARINGS – Section 4

4.1 Consideration and Adoption of a City Council Resolution Related to Hearing Protests of any Affected Property Owners and Authorizing the City Administrator to Execute Necessary Documents Thereto (2024 Weed Abatement Program) (Gaumnitz) DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution Authorizing the City Administrator to Execute an Agreement with QK to Provide On-Call Planning Services to the Community & Economic Development Department (Hamilton)

6.2 Consideration and Adoption of a City Council Resolution of Intention to Levy and Collect the Annual Assessment for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla (Rogers)
City Council Meeting AGENDA July 23, 2024

6.3 Introduction and First Reading of an Ordinance to Reenact and Impose the Existing Special Public Safety Tax (Measure N) for Submission to Voters at the November 5, 2024 General Election (Lerner)
ANNOUNCEMENTS – Section 7
JUNE 10-
JULY 26 OPEN SWIM PROGRAM, CUHS POOL, MON – FRI, 12:30 – 4:00PM AUG 10 SUMMER NIGHT STARGAZING, EDWARD RAY PARK, 8-10PM AUG 13 CITY COUNCIL MEETING, CITY HALL, 4PM

ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S Second Street, Chowchilla, CA and made available for public review on this 19th day of July, 2024 at or before 5:00pm.

Joann McClendon, CMC, City Clerk
July 23, 2024 Regular City Council Meeting – 4pm

ZOOM LOGIN INSTRUCTIONS
Use the following URL to start Zoom:
https://us06web.zoom.us/j/88984215967?pwd=VBTIOK20acWf5qdginbfls9Gccdnov.1 Passcode: 427 455
To participate by phone:

Dial 1-669-444-9171
Webinar ID: 889 8421 5967
Passcode: 427 455
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 / 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 address 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 Meeting Council Chamber, Chowchilla City Hall 130 S. Second Street, Chowchilla, CA 93610
Tuesday, July 9, 2024
Open Session: 4:00 p.m.

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: 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, 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: None.

OPEN SESSION – 4:01 PM

PLEDGE OF ALLEGIANCE
INVOCATION: Council Member Troost
PRESENTATIONS/WORKSHOP - Section 1

1.1 Oath of Office:

Police Officers Emily Huckabee, Nicollette Christel, Malorie Owens, Waley Ahmed CSO/Dispatcher Madison Barragan
Sergeant Charles Lawson

1.2 Presentation: PG&E Affordability Update

PUBLIC ADDRESS
A resident addressed the City Council regarding illegal fireworks and asked for something to be done about it.

Rosita Ventura Gomez of ChowTimes addressed the Council about cooling shelters in town. She will speak to the Council after the meeting.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
City Council Meeting Minutes July 9, 2024
Mayor Pro Tem Ahmed attended the AutoZone distribution center walk through. They are planning on opening sometime in October. Also, met with the Central Division of the League of California Cities Regional Director regarding bringing the annual golf tournament to Chowchilla, and attended an Economic Development ad hoc over proposed development.

Council Chamber Chavez attended the same Economic Development ad hoc ad hoc meeting and the fireworks show at the fairgrounds.

Mayor Smith attended the Community task force meeting; he was able to see the fireworks show from home. Last week his mother had an emergency at home and the Chowchilla Volunteer Fire Department responded before the ambulance and took care of her. Mayor Smith thanked the CVFD for their prompt response and care.

2.2 STAFF VERBAL REPORTS
Public Works Director Rogers department conducted interviews for the vacant Streets and Construction Worker and Wastewater Worker I positions. They had good applicants and will have new staff employed shortly.

The Chowchilla Blvd, Sonoma Storm Drainage and Pickleball Courts projects are still ongoing.

Storm drain improvements are now being installed on Sonoma. Paving for Chowchilla Blvd should be completed this week. The Pickleball Courts are substantially complete. They are reviewing final punch list items and City staff will be installing a fence around the new courts.

He and the City Administrator attended a meeting with HSR to discuss the draft reimbursement agreement for the Fairmead Sewer Consolidation Project. They provided comments to HSR and will hopefully have the agreement worked out within the next couple of weeks.

He thanked the Public Work department for all their hard work, especially in this heat, and for keeping everything going while we experience this record heatwave.

Community & Economic Development Director Hamilton reported that Jack in the Box is opening within a week. He went through his latest departmental stats and project updates.

Mayor Smith thanked the Rotary for the fireworks show.

Deputy Director of Recreation & Community Engagement Wisener thanked the Rotary, too, for putting on the fireworks display. Working on the stargazing event. The Music in the Park had to be cancelled due to the heat; however, the bands will return in August.

City Clerk McClendon submitted all the required documents to the County for the upcoming district elections and renewal of Measure N. Also noted that CalSTA has awarded the City $1.6- million to electrify transit.

City Administrator Pruett was on vacation for all but one day last week. He did have a meeting with the High Speed Rail Authority and Fairmead working on the reimbursement agreement.

Also met with Rancho Calera to talk about forming a potential CFD for their project area of approximately 137 acres.

Fire Chief Gaumnitz reported that most fires on the 4th were mostly due to fireworks.

For Police Chief Palmer, City Administrator Pruett reported on PD’s latest departmental stats since the last meeting.

City Council Meeting Minutes July 9, 2024
CONSENT CALENDAR – Section 3

3.1 Approval of the June 25, 2024 City Council Meeting Minutes (McClendon)

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

3.3 Consideration and Adoption of a City Council Resolution (36-24) Initiating Proceedings for the Annual Levy of Assessments for Landscape Maintenance and Lighting District No. 90-1 of the City of Chowchilla (Rogers) Motion by Mayor Pro Tem Ahmed, Seconded by Council Member Troost to Approve the Consent Calendar as Presented. Motion passed unanimously by roll call vote.

PUBLIC HEARINGS – Section 4

4.1 Consideration and Adoption of a City Council Resolution Amending the Master User Fee Schedule (Williams)
Mayor Smith opened the public hearing at 4:55 p.m. No one came forward for or against the item.

Mayor Smith closed the public hearing at 4:55 p.m.

Motion by Council Member Chavez, Seconded by Council Member Barragan to Approve City Council Resolution # 37-24, Amending the Master User Fee Schedule. Motion passed unanimously by roll call vote.

4.2 a) A Public Hearing Regarding the Annexation into Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services); and, b) Consideration and Adoption of a City Council Resolution (38-24) Authorizing the Annexation of Territory into Community Facilities District 2022-1, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors; and,
c) Consideration and Adoption of a City Council Resolution (39-24) Declaring the Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First Amendment to Notice of Special Tax Lien; and,
d) Introduction and Waive First Reading of an Ordinance of the City Council Authorizing the Levy of Special Taxes in Community Facilities District 2022-1, including Certain Annexation Territory (Hamilton)
Mayor Smith opened the public hearing at 4:55 p.m. No one came forward for or against the item.

Mayor Smith closed the public hearing at 5:00 p.m.

Motion by Council Member Chavez, Seconded by Council Member Troost to Approve City Council Resolution # 38-24, Authorizing the Annexation of Territory into Community Facilities District 2022-1, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors; and, City Council Resolution # 39-24, Declaring the Results of a Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First Amendment to Notice of Special Tax Lien; and, Waive the First Reading of an Ordinance of the City Council Authorizing the Levy of Special Taxes in Community Facilities District 2022-1, including Certain Annexation Territory. Motion passed unanimously by roll call vote.

City Council Meeting Minutes July 9, 2024
City Clerk McClendon opened the (one) ballot received by mail and reported out “Yes” vote for the Annexation No. 1 to CFD No. 2022-1 with 39 votes.

DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
ANNOUNCEMENTS – Section 7
JUNE 10-
JULY 26 OPEN SWIM PROGRAM, CUHS POOL, MON – FRI, 12:30 – 4:00PM JUNE 14-
JULY 26 SUMMER MARKET IN THE PARK, VETERANS MEMORIAL PARK, FRIDAY’S 6-8:30PM MUSIC IN THE PARK, VETERANS MEMORIAL PARK, 8-10PM
JULY 13 MOVIES IN THE PARK, “TROLLS: BAND TOGETHER”, VETERANS MEMORIAL PARK, SUNSET JULY 17 PLANNING COMMISSION MEETING, CITY HALL, 5PM
JULY 23 CITY COUNCIL MEETING, CITY HALL, 4PM

ADJOURNMENT
Mayor Smith Adjourned the July 9, 2024 City Council Meeting at 5:02 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: July 23, 2024
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: June 2024 Budget vs Actual and Balance Sheet

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

Approve the June 2024 Financial Statements shown in the attachment.

BACKGROUND:

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

REASON FOR RECOMMENDATION:

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

The financial statements are being presented as an overview of the City’s finances and are not meant to be a comprehensive in-depth review. As a reference to compare to the percent remaining column in the report, the percentage of the year remaining 0%.

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

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

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

Sales tax is our 2nd largest revenue. As of right now sales tax is expected to come in at the budgeted amount. We still have Transient Occupancy tax, Franchise Fees, and Overhead Allocations and excess property taxes to be posted at year end.

Police Department- Budgeted revenue is from school reimbursements for SRO service, we have received the school’s payment as they are being billed annually in September now. Also, it has $405k Transfer-in from Measure N for the RIMS Software, Traffic Signs for Ventura St., Light Board & Tower, and additional equipment that will be transferred at the end of the year. It also included recruitment and retention of employees that has already been transferred for the year. We also have received more revenue in Fines and Penalties then initially budgeted for. At mid-year we anticipated $50k in revenue for the K9 Dinner.

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

Community & Economic Development- This will fluctuate as building permits are pulled. We budgeted for the following projects like Rancho Calera, Montgomery Farms, Solar Permits, and various other projects within the City. So far, we have Century Communities that has completed their portion of Montgomery Farms and Self Help building their part of the Montgomery Farms lots. We still have other miscellaneous permits for other items that are happening as well.

Parks & Facilities- $140k of this is from a grant for the Pickle Ball court, we have received $16,637 of this so far. There is also a transfer-in from DIF for $89k that will most likely not be needed in 23/24. The rest is overhead allocations from the LLMD that happen at the end of the year.

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

Expenses
All departments expenses are within the normal range or better right now.

ALTERNATIVES:

Pull the item for further discussion.

ACTIONS FOLLOWING APPROVAL:

None.
7/8/2024 9:55:25 AM Page 1 of 3
My Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2023-2024 Period Ending: 06/30/2024
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Account Typ…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 9,555,653.00 10,157,031.00 392,443.57 9,144,681.54 -1,012,349.46 9.97% Expense 287,321.00 320,412.00 0.00 172,466.00 147,946.00 46.17% Dept: 1600 - General Administration Surplus (Deficit): 9,268,332.00 9,836,619.00 392,443.57 8,972,215.54 -864,403.46 8.79% Dept: 1605 - City Council
Revenue 0.00 3,555.00 284.40 3,270.60 -284.40 8.00%
Expense 99,195.00 97,708.00 2,367.45 65,514.87 32,193.13 32.95% Dept: 1605 - City Council Surplus (Deficit): -99,195.00 -94,153.00 -2,083.05 -62,244.27 31,908.73 33.89% Dept: 1610 - City Clerk
Revenue 0.00 130.00 0.00 127.59 -2.41 1.85%
Expense 283,433.00 255,832.00 17,627.38 219,212.44 36,619.56 14.31% Dept: 1610 - City Clerk Surplus (Deficit): -283,433.00 -255,702.00 -17,627.38 -219,084.85 36,617.15 14.32% Dept: 1615 - City Attorney
Expense 190,000.00 320,000.00 38,009.73 253,859.25 66,140.75 20.67% Dept: 1615 - City Attorney Total: 190,000.00 320,000.00 38,009.73 253,859.25 66,140.75 20.67% Dept: 1705 - General Services
Revenue 0.00 256.00 0.00 255.41 -0.59 0.23%
Expense 1,794,311.00 1,770,991.00 296,053.89 1,485,149.15 285,841.85 16.14% Dept: 1705 - General Services Surplus (Deficit): -1,794,311.00 -1,770,735.00 -296,053.89 -1,484,893.74 285,841.26 16.14% Dept: 1710 - City Administration
Revenue 0.00 128.00 0.00 127.59 -0.41 0.32%
Expense 456,348.00 439,281.00 45,680.51 375,366.24 63,914.76 14.55% Dept: 1710 - City Administration Surplus (Deficit): -456,348.00 -439,153.00 -45,680.51 -375,238.65 63,914.35 14.55% Dept: 1712 - City Property - Rents
Revenue 150,908.00 166,314.00 300.00 151,592.47 -14,721.53 8.85% Expense 55,196.00 82,361.00 1,579.40 73,150.11 9,210.89 11.18% Dept: 1712 - City Property - Rents Surplus (Deficit): 95,712.00 83,953.00 -1,279.40 78,442.36 -5,510.64 6.56% Dept: 1720 - Finance Department
Revenue 3,211.00 6,736.00 140.00 6,406.56 -329.44 4.89% Expense 882,598.00 864,079.00 70,206.62 844,778.43 19,300.57 2.23% Dept: 1720 - Finance Department Surplus (Deficit): -879,387.00 -857,343.00 -70,066.62 -838,371.87 18,971.13 2.21% Dept: 2610 - Police Department
Revenue 817,947.00 1,508,798.00 137,205.88 1,156,959.62 -351,838.38 23.32% Expense 4,976,766.00 5,380,895.00 369,398.65 4,617,336.58 763,558.42 14.19% Dept: 2610 - Police Department Surplus (Deficit): -4,158,819.00 -3,872,097.00 -232,192.77 -3,460,376.96 411,720.04 10.63% Dept: 2705 - Fire Department
Revenue 1,317,366.00 1,444,799.00 256.40 131,895.97 -1,312,903.03 90.87% Expense 1,669,053.00 1,813,007.00 121,351.48 1,691,439.67 121,567.33 6.71% Dept: 2705 - Fire Department Surplus (Deficit): -351,687.00 -368,208.00 -121,095.08 -1,559,543.70 -1,191,335.70 -323.55% Dept: 4705 - Community & Economic Development
Revenue 761,346.00 643,701.00 96,240.12 651,640.62 7,939.62 1.23% Expense 1,530,460.00 1,440,281.00 80,810.47 957,634.41 482,646.59 33.51% Dept: 4705 - Community & Economic Development Surplus (Deficit): -769,114.00 -796,580.00 15,429.65 -305,993.79 490,586.21 61.59% Dept: 6610 - Community Pool (OLD)
Revenue 1,500.00 1,841.00 812.00 2,175.69 334.69 18.18% Expense 24,577.00 24,577.00 4,015.22 14,269.78 10,307.22 41.94% Dept: 6610 - Community Pool (OLD) Surplus (Deficit): -23,077.00 -22,736.00 -3,203.22 -12,094.09 10,641.91 46.81% My Budget Report For Fiscal: 2023-2024 Period Ending: 06/30/2024 7/8/2024 9:55:25 AM Page 2 of 3
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Account Typ…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 6615 - Senior Services
Expense 44,009.00 40,139.00 430.00 23,390.89 16,748.11 41.73% Dept: 6615 - Senior Services Total: 44,009.00 40,139.00 430.00 23,390.89 16,748.11 41.73% Dept: 6620 - Parks & Facilities
Revenue 199,730.00 289,297.00 14,899.25 83,690.09 -205,606.91 71.07% Expense 709,542.00 893,257.00 57,087.31 794,094.78 99,162.22 11.10% Dept: 6620 - Parks & Facilities Surplus (Deficit): -509,812.00 -603,960.00 -42,188.06 -710,404.69 -106,444.69 -17.62% Dept: 6625 - Community Relations
Revenue 36,100.00 36,448.00 690.00 44,625.40 8,177.40 22.44% Expense 243,165.00 269,304.00 18,039.16 239,172.82 30,131.18 11.19% Dept: 6625 - Community Relations Surplus (Deficit): -207,065.00 -232,856.00 -17,349.16 -194,547.42 38,308.58 16.45% Report Surplus (Deficit): -402,213.00 246,910.00 -479,385.65 -449,386.27 -696,296.27 282.00% My Budget Report For Fiscal: 2023-2024 Period Ending: 06/30/2024 7/8/2024 9:55:25 AM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
100 - General Fund -402,213.00 246,910.00 -479,385.65 -449,386.27 -696,296.27 Report Surplus (Deficit): -402,213.00 246,910.00 -479,385.65 -449,386.27 -696,296.27 7/8/2024 9:53:59 AM Page 1 of 1
My Balance Sheet
Chowchilla, CA Account Summary
As Of 06/30/2024
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 4,457.20
100-0100-0206 Cash Drawer 1,700.00
100-0100-0219 Lease Receivable 135,233.32
100-0100-0221 A/R - Non Governmental 20.46
100-0100-0222 A/R - Intergovernmental 11,024.52
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 104,522.27
100-0100-0225 Accounts Receivable-RDA -24.89
100-0100-0226 Advance to Other Funds 410,031.56
100-0100-0227 Liens Receivables General Fund 179,687.82 100-0100-0228 Pending Charges or Refunds -1.00
100-0100-0230 Accounts Receivable-Utilities 26.55
100-0100-0291 Prepaid Expenses 9,946.50
100-0100-1900 Claim On Cash 8,777,365.36
Total Assets: 9,634,489.67 9,634,489.67
Liability
100-0200-0422 Bonds for Work-Refundable 2,000.00
100-0200-0425 Use Sale Tax 132.91
100-0200-0480 Deferred Revenue 162,921.75
100-0200-0482 Unavailable Lease Revenue 76,235.22
100-0200-2901 Accounts Payable Pending 155,966.22
Total Liability: 397,256.10
Equity
100-0300-0601 Fund Balance 8,350,387.56
100-0300-0604 Reserve for Contingencies 910,223.00
100-0300-0605 Designated for Prepaid Items 239.50
100-0300-0611 Reserve for L/T A/R 418,794.59
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 9,686,619.84
Total Revenue 11,377,449.15
Total Expense 11,826,835.42
Revenues Over/Under Expenses -449,386.27
Total Liabilities, Equity and Current Surplus (Deficit): 9,634,489.67 Total Equity and Current Surplus (Deficit): 9,237,233.57

REPORT TO THE CITY COUNCIL
Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 23, 2024
AGENDA SECTION:

SUBJECT:

PREPARED BY:

ATTACHMENTS:

Consent
Presentation of Quarterly Financial Investment Report
Kerri Williams, Finance Director
LAIF Interest Report, Quarterly Report

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

Review the Quarterly Financial Investment Report.

BACKGROUND:

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

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

The City also began investing in a Money Market account with Tri Counties Bank, as they guaranteed a higher interest that LAIF. This allows the City to have even more diversity then before.

FISCAL IMPACT:

The US Treasury Securities Custodial Account has a fair market value of $15,992,899 and for the last quarter recognized $193,421 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 April 1, 2024 through June 30, 2024, the City earned accrued interest of $96,957. Amortized discount represents that portion of any discount that has been earned, but not yet paid. As of June 30, 2024, the portfolio’s amortized discount was $96,464.

Interest is allocated to all funds that have a positive cash balance. As of June 30, 2024, the City has $14,608,859 in LAIF and for the last quarter received $165,658 in interest.

Interest is allocated to all funds that have a positive cash balance. As of June 30, 2024, the City has $7,066,920 in Tri Counties Money Market and for the last quarter received $66,924.87 in interest.

Untitled Page
https://laif.sco.ca.gov/Result.aspx[7/16/2024 10:21:56 AM] MALIA M. COHEN
California State Controller

LOCAL AGENCY INVESTMENT FUND

REMITTANCE ADVICE
Agency Name CHOWCHILLA
Account Number 98-20-153
As of 07/15/2024, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 06/30/2024.

Earnings Ratio .00012419067099490
Interest Rate 4.55%
Dollar Day Total $ 1,333,897,389.60
Quarter End Principal Balance $ 14,443,201.80
Quarterly Interest Earned $ 165,657.61
To Rod Pruett and Kerri Williams, City of Chowchilla
From Steven Gortler, Bud Levine and Rob Pankratz, Wulff, Hansen & Co.

Date July 11, 2024
Subject Quarterly Portfolio Earnings: April 1, 2024 through June 30, 2024 During the period from April 1, 2024 through June 30, 2024, 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 April 1, 2024 through June 30, 2024, the City’s portfolio of U.S.

Treasury securities had book earnings of $193,421 which is equivalent to an annualized book yield of 4.95%. By comparison, during the same period the average daily yield paid on deposits in the Local Agency Investment Fund (LAIF) was 4.36%.

Quarterly book earnings of $193,421 included the following:
 $96,957 of interest earnings, plus
 $96,464 of accreted discount.

CUSIP
Number
Purchase
Date
Face
Value
Coupon
Rate
Price Discount Principal
Cost
Accrued
Interest*
Total
Cost
Final
Maturity
Yield to
Maturity
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% 912797KM8 Apr. 1, 2024 2,995,500 - 97.477 75,576 2,919,924 - 2,919,924 Sep. 26, 2024 5.31% 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% 91282CGU9 Jan. 2, 2024 2,583,000 3.875% 99.090 23,505 2,559,495 25,707 2,585,201 Mar. 31, 2025 4.63% 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 $3,975.

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 Treasury securities in the City’s portfolio will occur on September 26/30, 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:

* LAIF rate as of July 10, 2024
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 June 30, 2024 was $15,992,899.

REPORT TO THE CITY COUNCIL
Item 3.4

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TO RETURN TO

THE AGENDA
Meeting of: July 23, 2024
AGENDA SECTION: Consent
SUBJECT: Consider and Approve Response to the 2023-2024 Madera County Grand Jury Final Report: “Fairmead: Waiting for a Train”
PREPARED BY: Jason Rogers, Director of Public Works
ATTACHMENTS: Draft Response

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

Approve the attached response, authorize the Mayor to sign the cover letter on behalf of the City Council (City), and direct the City Clerk to forward it to the Presiding Judge of the Superior Court as the City and Chief of Police response to the Final Report (Report) of the 2023-2024 “Fairmead: Waiting for a Train”, Madera County Grand Jury (MCGJ).

BACKGROUND:

The MCGJ states in their report that they investigated several issues experienced by the residents of Fairmead. The Grand Jury investigated the unincorporated area of Fairmead, and on June 19, 2024, issued its Final Report. The Grand Jury determined in its summary that, “unpaved streets, water quantity and quality, flood control, and the lack of a sewer system top the list of community needs.” While most of the findings and recommendations are related to other agencies and outside of the City’s jurisdiction, the background section noted that “the City of Chowchilla submitted a grant proposal to the State of California to upgrade Chowchilla’s sewer system for anticipated growth and provides a provision for Fairmead to access the system.” Additionally, $7 million in funding from the High-Speed Rail Authority (HSRA)would be used to connect homes to the new sewer system.

In Section F2 under the “Findings” section, “The MCGJ finds that Fairmead is in dire need of assistance to mitigate the sewer challenges.”
In section R2, under recommendations, the MCGJ recommends “that the Board of Supervisors create a work group with the City of Chowchilla, Fairmead Community and Friends (FCF), and HSRA to establish timelines, monitor progress, and report to the Board of Supervisors annually regarding the implementation of the sewer system by October 1, 2024.” The City has no issue with this recommendation. The City currently has regular meetings with HSRA, State Water Resources Control Board and other stakeholders regarding the future project and can provide an updated report to the Madera County Board of Supervisors by October 1, 2024.”
REASON FOR RECOMMENDATION:

According to the Penal Code, the City has 90 days from receipt of the Final Report to respond to each of the Findings and Recommendations. The Report requested a response from the City of Chowchilla.

A response has been prepared for consideration by the Council. The Penal Code provides the City and Director shall comment to the Presiding Judge of the Superior Court on the “findings and recommendations pertaining to matters under control of the governing body.” FISCAL IMPACT:

No additional fiscal impact of the recommendation is identified.

ALTERNATIVES:

Reject the recommendation of the MCGJ.

ACTIONS FOLLOWING APPROVAL:

The response will be submitted to the presiding judge of the Madera County Grand Jury.

Honorable Judge Jurkovich:

Pursuant to Penal Code Section 933.05(a) and (b), please allow this document to serve as the response from the Director of Public Works (Director) and the City Council of Chowchilla (City) to the findings and recommendations in the Grand Jury Report entitled, "Fairmead: Waiting for a Train " (hereafter, referred to as, "Report.") The City respects the role of the Grand Jury to act as the public's "watchdog" and its role in investigating and reporting upon affairs of local government.

The City and Director Response to the Findings:

It is our opinion that the Findings detailed by the Grand Jury in the Report are primarily related to outside agencies and not within the City’s jurisdiction. As such, the City will only be providing a response to Finding 2 and Recommendation 2 of the Report as they directly mention the City.

Finding 2:

The MCGJ finds Fairmead is in dire need of assistance to mitigate the sewer challenges.

Response:

The City and Director agree with the finding that Fairmead is in dire need of assistance to mitigate the sewer challenges.

The City and Director Response to the Recommendations:

Recommendation 2:

The MCGJ recommends that the Board of Supervisors create a work group with the City of Chowchilla, Fairmead Community and Friends (FCF), and HSRA to establish timelines, monitor progress, and report to the Board of Supervisors annually regarding the implementation of the sewer system by October 1, 2024.”
Response:

This recommendation has not yet been implemented and will be implemented in the future. The City currently has regular meetings with High-Speed Rail Authority, State Water Resources Control Board and other stakeholders regarding the future project and can provide an updated report to the Madera County Board of Supervisors by October 1, 2024.

REPORT TO THE CITY COUNCIL
Item 3.5

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THE AGENDA
Meeting of: July 23, 2024
AGENDA SECTION: Consent
SUBJECT: Consider and Approve Response to 2023/24 Madera County Grand Jury Final Report “Madera County Animal Services: It’s a Dog’s Life” PREPARED BY: Stacy Burns, Police Lieutenant
ATTACHMENTS: Draft Response

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

Approve the attached response, authorize the Mayor to sign the cover letter on behalf of the City Council (City), and direct the City Clerk to forward it to the Presiding Judge of the Superior Court as the City and Chief of Police response to the Final Report (Report) of the 2023-2024 “Madera County Animal Services:

It’s a Dog’s Life”, Madera County Grand Jury (MCGJ).

BACKGROUND:

The MCGJ states in their report that they investigated the Madera County Animal Services (MCAS). The Grand Jury investigated the division, and on June 19, 2024, issued its Final Report. The Grand Jury determined in its summary that “Chowchilla has a small holding facility that offers licensing, vaccinations, and community education.” It also “Chowchilla does not contribute financially to MCAS.” In Section F1 under the “Findings” section, “The MCGJ finds that tax-sharing contracts between Madera County and the cities of Madera and Chowchilla should be more equitable based on the number of animal intakes per jurisdiction.” The MCGJ recommends “that the Board of Supervisors renegotiate the tax-sharing contracts between the County of Madera and the cities of Madera and Chowchilla regarding MCAS funding within 90 days of the MCGJ report posting.” The City has concerns with this determination.

Currently the City of Chowchilla pays for services rendered by Madera County Animal Services at the time of service. The City of Chowchilla does not have a contract with Madera County Animal Services per Madera County Animal Services Director Amy Toler.

REASON FOR RECOMMENDATION:

According to the Penal Code, the City has 90 days from receipt of the Final Report to respond to each of the Findings and Recommendations. The Report requested a response from the City of Chowchilla.

A response has been prepared for consideration by the Council. The Penal Code provides the City and Director shall comment to the Presiding Judge of the Superior Court on the “findings and recommendations pertaining to matters under control of the governing body.” FISCAL IMPACT:

Unknown.

ALTERNATIVES:

Continue to operate as we currently have been. Madera Animal Services invoices the City of Chowchilla for any services rendered which are then paid by the City of Chowchilla.

ACTIONS FOLLOWING APPROVAL:

The response will be submitted to the presiding judge of the Madera County Grand Jury.

Honorable Judge Jurkovich:

Pursuant to Penal Code Section 933.05(a) and (b), please allow this document to serve as the response from the City Council of Chowchilla (City) to the findings and recommendations in the Grand Jury Report entitled, "Madera County Animal Services: It’s a Dogs Life" (hereafter, referred to as, "Report.") Firstly, let the City state that we respect the role of the Grand Jury to act as the public's "watchdog" and its role in investigating and reporting upon affairs of local government. However, prior to addressing the findings and recommendation of the report, the City must express concern in regards to the content of the Report.

In regards to the Report, the City notes the following concerns:

On October 23, 2023, Amy Toler, the Director of the Madera County Animal Services in Madera, CA, advised there was no contract between Madera County and the City of Chowchilla regarding animal services.

During the 2023 -2024 fiscal year the Chowchilla Animal Services paid the Madera County Animal Shelter for all services. The only exception was in December 2023, the Madera Animal Services came to the Chowchilla Animal Shelter and took 9 dogs to the Madera Animal Shelter to assist in finding rescue or adoption for those animals at no charge. Other than those 9 dogs, all services through the Madera County Animal Shelter were paid for by the City of Chowchilla. The Grand Jury report states that “Chowchilla does not contribute financially to MCAS.” Whatever services the City of Chowchilla receives from Madera County Animal Services are paid for by the City of Chowchilla.

The Madera County Animal Services did provide microchips earlier in 2023 when the prior Madera County Animal Director was there. The microchips were provided to Madera County through a grant.

The City of Chowchilla is willing to discuss and consider negotiating a contract with the Madera County Board of Supervisors although at this time we are not receiving services from the Madera County Animal Services that we are not paying for when we request assistance.

The City of Chowchilla appreciates your time in this matter.

REPORT TO THE CITY COUNCIL
Item 3.6

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THE AGENDA
Meeting of: July 23, 2024
AGENDA SECTION: Consent
SUBJECT: Second Reading and Adoption of an Ordinance Authorizing the Levy of Special Taxes in Community Facilities District No. 2022-1 (Public Safety, Maintenance & Services) Including Certain Annexation Territory PREPARED BY: Mark Hamilton, Director of Community and Economic Development ATTACHMENTS: Ordinance

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

That the City Council waive the second reading of Ordinance # 522-24 Authorizing the levy of special taxes in Community Facilities District 2022-1, including certain annexation territory.

BACKGROUND:

The City of Chowchilla formed Community Facilities District No. 2022-1 (“CFD 2022-1”) on June 28, 2022, to provide funding for, among other things, additional police services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance needed as a result of new development within the City. Three distinct development projects are included in the CFD 2022-1 boundary.

In 2022, City Council approved the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in fiscal year 2022/23 pursuant to Ordinance No. 51-22 passed and adopted by the City Council on September 13, 2022, and the special tax is hereby levied commencing in fiscal year 2024/25 in the District, including the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District.

At this time, the Applicant, Century Communities of California, LLC, has requested that the City Council consider approval of the annexation of the Lone Oak project to CFD 2022-1, that would include 203 singlefamily residential lots and 2 out-lots which will be neighborhood pocket parks. The Final Map for Subdivision 22-0010, Lone Oak, was approved by City Council Resolution No. 80-22 on September 27, 2022. The Applicant entered into a Development Agreement (DA) with the City on November 28, 2023.

REASON FOR RECOMMENDATION:

The annexation of the Orchard View project to CFD 2022-1 will allow the City to levy special taxes on those parcels to fund public safety and maintenance services, as specified in Exhibit B to the Resolution of Intention.

ENVIRONMENTAL REVIEW ANALYSIS:

The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). Annexing into the existing CFD 2022-1 is exempt per the California Environmental Quality Act Section 15273 (Rates, Tolls, Fares, and Charges) because CEQA does not apply to the establishment, modification, annexing, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of: (1) Meeting operating expenses, including employee wage rates and fringe benefits, (2) Purchasing or leasing supplies, equipment, or materials, (3) Meeting financial reserve needs and requirements, (4) Obtaining funds for capital projects, necessary to maintain service within existing service areas, or (5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter.

FISCAL IMPACT:

The owner of the property proposed for inclusion in CFD 2022-1 have been invoiced by the City for the costs to annex into the existing CFD 2022-1, including the cost of the special tax consultant. If this property is annexed into the existing CFD 2022-1, the City will annually levy a special tax on the parcels in the CFD to fund the specified public safety and maintenance services, with initial rates as specified in the Rate and Method of Apportionment of Special Tax for the CFD, increasing by a maximum of 3% per year.

ALTERNATIVES:

Not approve the annexation of the development into the existing CFD 2022-1.

ACTIONS FOLLOWING APPROVAL:

City Clerk to submit ordinance to CivicPlus for codification.

ORDINANCE # 522-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT 2022-1, INCLUDING CERTAIN ANNEXATION

TERRITORY

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(PUBLIC SAFETY, MAINTENANCE & SERVICES)
ANNEXATION NO. 1
WHEREAS, the City of Chowchilla (the “City”) has conducted proceedings pursuant to the MelloRoos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) to establish the City of Chowchilla Community Facilities District No. 2022- 1 (Public Safety, Maintenance & Services) (the “District”) for the purpose of financing the costs of the authorized services and maintenance, and related appurtenances(the “Services) as provided in the Act; and WHEREAS, the rate and method of apportionment of special tax for the District (the “Rate and Method”) is set forth in Exhibit C to the City Council Resolution 51-22 entitled “A Resolution of the City Council of the City of Chowchilla, State of California, Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein” (the “Resolution of Formation”), which was adopted on June 28, 2022; and
WHEREAS, the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation (the “Annexation Territory”), the City Council, on July 9, 2024, adopted a Resolution entitled “A Resolution of the City Council of the City of Chowchilla, California, Declaring the Results of Special Annexation Landowner Election, Determining Validity of Prior Proceedings, and Directing the Recording of the First Amendment to Notice of Special Tax Lien.”
NOW, THEREFORE, the City Council of the City of Chowchilla, DOES HEREBY ORDAIN as follows:

1. The foregoing recitals are true and correct.

2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the Annexation Territory, pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by this reference incorporated herein. The special tax has previously been levied in the original territory of the District beginning in fiscal year 2022/23 and in each fiscal year thereafter pursuant to Ordinance No. 511-22 passed and adopted by the City Council on September 13, 2022. The special tax is hereby levied commencing in fiscal year 2024/25 in the Annexation Territory, and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District.

1. The City’s Finance Director, designee, employee, or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.

2. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.

3. All of the collections of the special tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the District, and the costs of collecting and administering the special tax.

4. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Madera in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Madera for fiscal year 2024/25 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

5. If for any reason any portion of this ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this ordinance and the application of the special tax to the remaining parcels within the District, including the Annexation Territory, shall not be affected.

6. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passage at least once in a newspaper of general circulation for the City.

7. This Ordinance shall take effect thirty days after its adoption.

INTRODUCED and first read on the 9th day of July 2024; and PASSED AND ADOPTED this 23rd day of July 2024. ___________________________
Mayor Kelly Smith
ATTEST:
___________________________
Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 4.1

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THE AGENDA
Meeting of: July 23, 2024
AGENDA SECTION: Public Hearing
SUBJECT: Consideration of Abatement Notice Objections or Protests from Affected Property Owners and a Council Resolution Authorizing the City Administrator to Execute Necessary Documents
PREPARED BY: Fred Gaumnitz, Fire Chief
ATTACHMENTS: Council Resolution Authorizing City Administrator and/or his Designee to Execute Appropriate Documents and Sample Weed Abatement Letter

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

That the City Council hear any protests from affected property owners and authorize City Administrator and/or his designee to execute necessary documents.

BACKGROUND:

Whenever weeds grow upon the street or sidewalk or upon or in front of private property that is injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire menace, or are otherwise noxious or dangerous, this public nuisance requires abatement, pursuant to Chowchilla Municipal Code Chapters 8.02, Property Maintenance and 8.12, Weeds.

With Council’s previous authorization by Resolution No. 17-24, the annual weed abatement program is being implemented in accordance with the process outlined in the Municipal Code. The purpose of this program is to identify the existence and abatement of this type of public nuisance.

REASON FOR RECOMMENDATION:

City Council authorized annual weed abatement program on May 14, 2024. Properties within the city limits were inspected during the month of June and a Notice of Corrective Action was sent to owners of record on July 5, 2024 per the municipal code. A list of non-compliant properties was provided to the Fire Department to coordinate abatement with contractor.

FISCAL IMPACT:

Abatement of non-compliant properties will be selected by staff to a specific contractor. The total contract amount will be reduced based on property owner abatements prior to the contractor abating the properties.

It should be noted Any owner of property, upon which property a public nuisance has been declared to exist pursuant to Sections 8.12.010 through 8.12.040 who fails to abate such nuisance within ten days after the date of conclusion of the hearing with respect to such property, as provided in Section

8.12.040 shall be responsible for remitting the citation fee of $100.00 plus the bid amount for that property if contractor abates the property. Community Development staff anticipates the properties needing abatement by the City will reduce prior to arrival of City approved Contractor for abatement.

ALTERNATIVES:

Not perform annual weed abatement, notices and abatement of non-compliant properties.

ACTIONS FOLLOWING APPROVAL:

Consistent with past practices, the Finance Department will issue billings to these property owners. Should delinquency occur, a property lien will be filed.

COUNCIL RESOLUTION # -24

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

RELATED TO HEARING PROTESTS OF ANY AFFECTED PROPERTY OWNERS AND

AUTHORIZING THE CITY ADMINSTRATOR TO EXECUTE NECESSARY DOCUMENTS (2024 WEED ABATEMENT PROGRAM)
WHEREAS, whenever weeds grow that are injurious to the public health, or is indecent or offensive to the senses, or endangers the public safety by creating a fire menace, or are otherwise noxious or dangerous, this public nuisance requires abatement; and WHEREAS, it is the desire of the City Council to effect timely removal of all weeds so described through the City’s Weed Abatement Program, and in manner provided by law; and WHEREAS, on May 14, 2024, the City Council authorized the annual weed abatement program with the passage of Resolution # 17-24; and
WHEREAS, a Notice of Correction was issued to non-conforming properties and if abatement does not occur during time frame prescribed, the City may choose to follow Chowchilla Municipal Code Chapter 8.02, Property Maintenance & Chapter 8.12; and WHEREAS, properties were notified by letters via mail per municipal code on July 5, 2024; and
WHEREAS, no property owner appealed the notice of violation of their property, pursuant to Chowchilla Municipal Code Section 8.02.070, Procedures for abatement of unlawful conditions; and
WHEREAS, the Code Enforcement Officer provided a list of non-compliant properties to the Fire Department to coordinate abatement with contractor; and WHEREAS, the Council heard this matter, received a staff report, received public testimony and deliberated on July 23, 2024.

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

1. The above recitals are true and correct;

2. Authorize the City Administrator and/or his designee to execute the appropriate documents associated with this action; and

3. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of July, 2024 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 6.1

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THE AGENDA
Meeting of: July 23, 2024
AGENDA SECTION: New Business
SUBJECT: Execution of an agreement with QK to provide On-Call Planning Services to the Community and Economic Development Department for a period of 3 years, the agreement may be extended for two additional years with the possibility of receiving two – one-year extensions.

APPROVED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: Resolution
Draft Agreement for On-Call Planning Services

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

Staff recommends that the City Council approve the resolution and agreement with QK to provide On-Call Planning Services to the Community and Economic Development Department.

BACKGROUND:

On April 5, 2024, the City of Chowchilla released the Request for Proposals (RFP) to provide “On-Call Planning Services” to the Community and Economic Development Department. The published RFP requested interested individuals and firms to participate. The proposal was published through OpenGov.com, noticed through the Madera Tribune, and the City’s social media outlets. The City received four qualified proposals to review for consideration. On May 28, 2024, the City Council selected QK to be the City’s provider for On-Call Planning Services.

REASON FOR RECOMMENDATION:

QK was selected by City Council to be the City’s provider for On-Call Planning Services.

FISCAL IMPACT:

The funding for On-Call Planning Services is regularly budgeted within the department’s Annual Fiscal budget. The Community and Economic Development Department budgeted $25,000 for On-Call Planning Services in Fiscal Year 2024/25.

ALTERNATIVES:

City Council may choose to not approve the execution of the Draft Agreement.

ACTIONS FOLLOWING APPROVAL:

Execution of Contract with the successful consulting firm.

COUNCIL RESOLUTION # XX-24

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

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH QK TO

PROVIDE ON-CALL PLANNING SERVICES TO THE COMMUNITY AND ECONOMIC

DEVELOPMENT DEPARTMENT
WHEREAS, the Invitation to Proposal to provide ‘On-Call Planning Services’ (“Project”) to Support the City of Chowchilla’s Community and Economic Development Department, was released and posted on April 5, 2024, and was closed on OpenGov.com on May 3, 2024; and, WHEREAS, the City received four (4) proposals for the Project were received and publicly opened at the Chowchilla City Hall on May 6, 2024:

WHEREAS, the Director of Community and Economic Development, Public Works Director, and City Administrator reviewed the proposals submitted by 4Creeks Consulting, Precision Engineering, RFM Land Use Consulting, and QK to meet minimum qualifications; and, WHEREAS, the Director of Community and Economic Development recommended the selection of QK to provide On-Call Planning Services to the Community and Economic Development Department.

WHEREAS, at the May 28, 2024, during their Regularly scheduled City Council meeting, the City Council selected QK to be the vendor to provide On-Call Planning Services to the Community and Economic Development Department.

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

1. The above recitals are true and correct.

2. The agreement is in effect for the term of July 24, 2024, through July 23, 2027.

3. The City has the option to extend the agreement for an additional two (2) years with the possibility of receiving two one-year extensions.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of July 2024, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk

CITY OF CHOWCHILLA

ON-CALL PLANNING SERVICES AGREEMENT

FOR STATE AND FEDERALLY FUNDED PROJECTS
This On-Call Engineering Services Agreement ("Agreement") is entered into between the City of Chowchilla, a California general law city ("City") and _QK_ ("Consultant") with respect to the following recitals, which are a substantive part of this Agreement. This Agreement shall be effective on July 23, 2024 ("Effective Date"), following approval by the City Council.

RECITALS
A. City desires to obtain on-call planning services ("Services") more fully described in Exhibit A, which is incorporated herein by reference.

B. Consultant is engaged in the business of performing the Services and hereby warrants and represents that Consultant is qualified, experienced, and capable of performing the Services, and possesses any required licenses, certifications, security/bonding, and/or training necessary to perform the Services.

C. Consultant submitted a proposal for the Services, included herein as Exhibit B, as well as all required forms, bonds, certificates, and other documents (“Consultant’s Proposal”), that was approved by City for award of contract for the Services and is incorporated herein by reference.

D. City desires to award Consultant a non-exclusive contract for the Services, and Consultant desires to perform the Services as requested by City on a non-exclusive, as-needed basis, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Work. Consultant shall perform the Services described in the Recitals and detailed in Exhibit B on planning projects (“Work”) when requested by City in its sole discretion. This Agreement and performance of the Services and any Work hereunder are non-exclusive and City reserves the right to employ other consultants in connection with the Services and any Work while this Agreement is in effect.

A. Task Orders. When City requests Consultant to perform any Work, City shall issue a written task order or other similar instrument (“Task Order”), as described in Exhibit A. The standard Task Order form is attached hereto as Exhibit A. Consultant shall perform the Work in strict compliance with the Task Order, which shall include a detailed scope, schedule, and any deliverables for the Work.

Consultant shall furnish all labor, equipment and materials, including tools, implements, and appliances required, and perform all the Work in a good and workmanlike manner, free from any and all liens and claims from mechanics, material suppliers, subcontractors, artisans, machinists, teamsters, freight carriers, and laborers.

B. Changes in the Work. Changes in this Agreement or in the Work to be done under a particular Task Order shall be made in writing. City reserves the right to change the Work as may be deemed by City to be necessary or advisable for the proper completion of the Work or construction of City projects, and the City reserves the right to require Consultant to perform such work. Changes in the Work, including the scope and/or deliverables produced, shall be made in writing and particularly describe the changes, including payment/costs and schedule/term, as applicable.

Prepared Jan. 2022 and modified July 2024 2

2. Priority and Conflicts; Exclusions. If the terms and requirements of this Agreement, a Task Order, and/or Exhibit A conflict, the order of priority shall be the Task Order, this Agreement, and Exhibit A. No contractual terms and/or conditions found in Exhibit B shall purport to waive, disclaim, or limit Consultant’s liability, indemnification obligations, warranties, damages for breach or delay, or any security, bonding, or insurance requirements, and any such provisions shall have no force or effect with respect to this Agreement and the Services or Work performed by Consultant.

3. Term of Agreement; Commencement of Services; Schedule. The term of this Agreement shall commence on July 24, 2024 and Consultant shall be available to perform the Services beginning on that date.

This Agreement shall continue for a period not exceeding three (3) years and terminate on July 23, 2027 (“Termination Date”), unless extended by mutual agreement of City and Consultant for not more than two (2) additional one-year terms. This Agreement may be terminated prior to the Termination Date pursuant to Section 23 herein.

Consultant shall perform the Work according to the schedule set forth in the applicable Task Order, if applicable. If no schedule is set forth in the Task Order, City and Consultant shall mutually agree on a schedule for performance of the Work and a date of completion. The schedule shall be subject to modification based on the City’s operational needs. City will notify Consultant in advance of any modification to the schedule.

4. Payment for Work. Total amount payable to the Consultant shall not exceed the amount budgeted each Fiscal Year for On-Call Planning Services or as funding is appropriated. City shall pay Consultant for the Services performed pursuant to this Agreement according to the rate(s) stated in Exhibit B and for the amount(s) as agreed upon by the City and Consultant in each Task Order.

City shall pay Consultant for Work satisfactorily performed pursuant to this Agreement, inclusive of all labor, equipment, materials, costs and expenses, taxes, and overhead. Consultant shall submit monthly invoices to City containing detailed information regarding the Work performed by Consultant. City shall tender payment to Consultant within thirty (30) days after receipt of invoice.

5. Independent Contractor Status. Consultant and its subcontractors, if any, shall perform the Services and the Work as independent contractors and not as officers, employees, agents or volunteers of City.

Consultant is engaged in an independently established trade, occupation, or business to perform the services required by this Agreement and is hereby retained to perform work that is outside the usual course of City’s business. Consultant is free from the control and direction of City in connection with the manner of performance of the work. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City.

6. Consultant Representations; Standard of Care; Compliance with Law. Consultant represents that Consultant and any subcontractors utilized by Consultant are and will be qualified in the field for which the Services and the Work is being provided under this Agreement and Consultant and any subcontractors are now, and will be throughout their performance of the Services and Work under this Agreement, properly licensed, certified, secured/bonded, trained, and/or otherwise qualified and authorized to perform the Services and Work required and contemplated by this Agreement, as may be required by law. Consultant and its subcontractors shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services and the Work, and shall comply with all applicable laws, regulations, and industry standards. Consultant shall comply with all Labor Code requirements for public works projects applicable to Consultant’s work under this Agreement.

Prepared Jan. 2022 and modified July 2024 3

7. Identity of Subcontractors and Sub-Consultants. Consultant shall, before commencing any work under this Agreement or a particular Task Order, provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City's permission will not be unreasonably withheld.

8. Subcontractor Provisions. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; (c) entitle City to impose upon subcontractors the assignment rights found elsewhere in this Agreement; and (d) require the payment of prevailing wages in accordance with State and Federal law, if applicable.

9. [Reserved]

10. Licensing. Consultant shall maintain the licenses and certifications specified in Exhibit B throughout the performance of this Agreement. Consultant shall also obtain and maintain a City of Chowchilla Business License prior to commencing performance of the Services and Work.

11. Performance Requirements. Notwithstanding, and in addition to the provisions of, Section 23 of this Agreement, if any Work performed hereunder is not in conformity with the requirements of this Agreement, a Task Order, and other pertinent documents, City shall have the right to require Consultant to correct the Work in conformity with the requirements of this Agreement and the applicable Task Order at no additional increase in the payment to Consultant. Consultant shall promptly correct the work rejected by City for failing to conform to the requirements of the Task Order. Remedy for non-compliance or non-performance shall commence within 24 hours of notice. City shall also have the right to require Consultant to take all necessary steps to ensure future performance of the Work in conformity with the requirements of this Agreement. In the event Consultant fails to correct the Work or fails to take necessary steps to ensure future performance of the Work in conformity with the requirements of this Agreement, City shall have the right to immediately terminate this Agreement for default.
[Reserved]

13. [Reserved]

14. [Reserved]

15. [Reserved]

16. Power to Act on Behalf of City. Consultant is not acting as an agent of City and shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

17. Record Keeping; Reports. Consultant shall keep complete records showing the Work performed.

Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes.

Consultant shall provide City with a working draft of all plans, drawings, specifications, and/or reports upon Prepared Jan. 2022 and modified July 2024 4
reasonable request by City and of all final plans, drawings, specifications, and/or reports prepared by Consultant under this Agreement.

18. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations and other work product generated by or produced for Consultant or its subcontractors in connection with the Work, regardless of the medium, including physical drawings and materials recorded on computer discs or other electronic devices ("Work Product"), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City's request, Consultant shall make available for inspection and copying all such Work Product and all Work product shall be turned over to City promptly at City's request or upon termination of this Agreement, whichever occurs first. City, or anyone, may rely on printed copies that are signed by the design professional. Electronic documents are furnished to the client for convenience. Any conclusion or information used from files will be at the user’s sole risk as the professional makes no representations as the compatibility or usability of documents provided for another or subsequent use. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

19. Confidentiality. All Work Product prepared and performed by and on behalf of Consultant in connection with the Work performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City. Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Work, except to its agents, employees and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

20. City Name and Logo. Consultant shall not use City's name or insignia, photographs relating to the City projects or work for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s Work under this Agreement in any magazine, trade paper, newspaper, television or radio production, internet website, social media, or other similar medium without the prior written consent of City.

21. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, in the Work or the Project which would affect Consultant’s or its employees’ performance of the Work and the completion of the Task Order. Consultant further warrants that neither Consultant nor any of its employees have real property, business interests or income that will be affected by the Work. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Work under this Agreement. During the performance of the Work, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission.

22. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

23. Termination of Agreement. This Agreement shall terminate upon the Termination Date, or earlier pursuant to the following.

a. Termination by City: For Convenience. City may, at any time, terminate this Agreement or any Task Order for convenience and without cause. The notice from City shall specify whether it is City’s intent to terminate the Agreement as a whole or an individual Task Order. Upon receipt of written notice from City of such termination, the Consultant shall (1) cease operations as directed by the City in the notice; (2) take actions necessary, or that the City may direct, for the protection and preservation of the Work; and (3) except Prepared Jan. 2022 and modified July 2024 5
for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. b. Termination by City or Consultant: For Cause. Either party may terminate this Agreement upon ten (10) days prior written notice to the other party of a material breach, and a failure to cure within that time period or commence reasonable steps to cure the breach. Consultant’s failure to perform the Work as required by this Agreement or failure to correct non-conforming Work shall constitute a material breach of this Agreement.
c. Compensation to Consultant Upon Termination. Consultant shall be paid compensation for Work satisfactorily performed prior to notice of termination. As to any Task Order partially performed but for which the applicable portion of Consultant’s compensation has not become due, Consultant shall be paid the reasonable value of the Work performed. However, in no event shall such payment when added to any other payment due under the applicable part of the Task Order exceed the total compensation of such part as specified in Section 4 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon termination of this Agreement or a particular Task Order, Consultant shall: (i) promptly discontinue all Work affected, unless the notice directs otherwise; and (ii) deliver or otherwise make available to the City, without additional compensation, all Work Product and/or deliverables accumulated by the Consultant in performing this Agreement or the affected Task Order, whether completed or in process. Consultant may not refuse to provide such Work Product for any reason whatsoever.

24. Insurance. Consultant shall satisfy the insurance requirements set forth in Exhibit C.

25. Indemnity and Defense. Consultant hereby agrees to indemnify, including the cost to 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 the negligence, recklessness, or willful misconduct of Consultant or its subcontractors relating to the performance of Work described herein to the fullest extent permitted by law, unless the injuries or damages are the result of City's sole or active negligence or willful misconduct. Consultant’s duty to defend obligation shall be limited to Consultant’s proportionate percentage of fault, as described in Civil Code Section 2782.8.

Consultant and City agree that said indemnity and defense obligations shall survive the expiration or termination of this Agreement for any items specified herein that arose or occurred during the term of this Agreement.

26. [Reserved]

27. Taxes. Consultant agrees to pay all taxes, licenses, and fees levied or assessed by any governmental agency on Consultant incident to the performance of Work under this Agreement, and unemployment and workers’ compensation insurance, social security, or any other taxes upon the wages of Consultant, its employees, agents, and representatives. Consultant agrees to obtain and renew an annual business tax certificate from City and pay the applicable annual business registration tax to City during the term of this Agreement.

28. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Prepared Jan. 2022 and modified July 2024 6
Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

29. Form and Service of Notices. Any and all notices or other communications required or permitted by this Agreement or by law to be delivered to, served upon, or given to either party to this Agreement by the other party shall be in writing and shall be deemed properly delivered, served or given by one of the following methods:
a. Personally delivered to the party to whom it is directed. Service shall be deemed the date of delivery.
b. Delivered by e-mail to a known address of the party to whom it is directed provided the e-mail is accompanied by an acknowledgment of receipt by the other party. Service shall be deemed the date of acknowledgement.
c. Delivery by a reliable overnight delivery service, ex., Federal Express, receipted, addressed to the addressees set forth below the signatories to this Agreement. Service shall be deemed the date of delivery. d. Delivery by deposit in the United States mail, first class, postage prepaid. Service shall be deemed delivered ninety-six (96) hours after deposit.

30. Entire Agreement. This Agreement, including the applicable Task Orders, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

31. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

32. [Reserved]

33. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

34. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Fresno, California. Consultant shall perform the Work required under this Agreement in the County of Fresno, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

35. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Prepared Jan. 2022 and modified July 2024 7

36. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

37. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

38. Alternative Dispute Resolution. If a dispute arises out of or relating to this Agreement, or the alleged breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation. The mediator shall be mutually selected by the parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties, otherwise each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

Demand for mediation shall be in writing and delivered to the other party to this Agreement.

A demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such a claim, dispute or other matter in question would be barred by California statues of limitations.

39. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the performance of the Work or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.

40. State and Federally Funded Projects. Consultant shall comply with all requirements, including state and federal statutes and regulations, that apply to state and federally funded projects, as the case may be, and satisfy all obligations thereunder.

Now, therefore, the City and Consultant have executed this Agreement on the date(s) set forth below.

CONSULTANT CITY OF CHOWCHILLA
By: __________________________ By: ______________________________ Rod Pruett, City Administrator
Date: __________________ Date: ______________________
Party Identification and Contact Information:
[Consultant] City of Chowchilla
Company Name Department Name
Attn: Name Attn: Name
Title Title
Address 130 S. Second Street
City, State Chowchilla, CA 93610
_________________ [E-Mail Address] _________________ [E-Mail Address] Prepared Jan. 2022 and modified July 2024 8
_________________ [Phone Number] _________________ [Phone Number] ATTEST
_______________________________
Joann McClendon, City Clerk

APPROVED AS TO FORM
_______________________________
Mary Lerner, City Attorney
J:\wdocs\03326\001\AGT\00912194.DOC
Prepared Jan. 2022 and modified July 2024 9

EXHIBIT A

TASK ORDER FORM
QK Proposal Number Date

CITY OF CHOWCHILLA

WORK AUTHORIZATION AND TASK ORDER

ON-CALL PLANNING SERVICES
QK Job No. _______________
Project #:

Project Title: XX
Project Description:

XX
Scope of Work:

XX
Period of Performance:

XX
Budget: $XX
When a Task is set on a time-and-materials fee (T&M) basis, it signifies that it is not possible to accurately predict the amount of work effort required typical of on-call type services. QK will work with the City to set expectations and request additional time prior to performing additional work where applicable.

Special Terms and Conditions: N/A
All of the terms and conditions of the Agreement for Professional Services between the City of Chowchilla and Quad Knopf, Inc. signed by the City Administrator on February 9, 2016, are incorporated by reference as if fully set forth herein.

Invoicing Requirements:
 Payment Terms: Net 30 Days
 Contract Type: Time & Materials $ Fixed Fee $
 Invoice Frequency: Monthly
Quad Knopf, Inc. City of Chowchilla
By:

Signature
By:

Signature
Name: Amber Adams
Title: CFO/COO
Name: Rod Pruett
Title: City Administrator
Date: Date:

Prepared Jan. 2022 and modified July 2024 10

EXHIBIT B
CONSULTANT’S PROPOSAL

STATEMENT OF QUALIFICATIONS

ON-CALL PLANNING SERVICES

CITY OF CHOWCHILLA
QKinc.com | (559) 449-2400
601 Pollasky Avenue, Suite 301 | Clovis, CA 93612 | (559) 449-2400 Engineering | Land Surveying | Planning | Environmental | Landscape Architecture | Construction Management QKinc.com May 3, 2024
Mark Hamilton
Director of Community and Economic Development
City of Chowchilla, 130 S. Second Street
Chowchilla, CA 93610
(559) 665-8615 Ext: 400
[email protected]
Subject: Statement of Qualifications for On-Call Planning Services for the City of Chowchilla Community & Economic Development Department
Dear Mr. Hamilton:

QK, a California Corporation, believes that all cities, big and small, deserve the same high-quality city planning services, delivered by educated and experienced professionals who can navigate through and even simplify the complexities of city planning. That is where QK shines brightest. QK would very much like to continue providing the City of Chowchilla with On-Call Planning Services. We have been with you for recent city planning successes, including the Panda Express, Camarena Healthcare Clinic, Rancho Calera, and the Strategic General Plan Update projects.

These are exciting times for Chowchilla’s development. The City will be facing several growth issues in the near future. These include expansion of the industrial park, dealing with high speed rail issues, continuing to improve economic development downtown, and creating attractive, livable neighborhoods.

We are keeping the same team of planners recently serving Chowchilla, with Annalisa Perea remaining as the main planner and contact with the City, and Trevor Stearns serving as the QK Project Manager, with services being managed and provided from our Clovis office. We strive for this QK team to be a valued partner, acting as an extension of your staff and able to find and implement workable and creative solutions to Chowchilla’s planning needs. Having the largest planning staff in the Valley allows us to assign necessary additional resources quickly when needed, thereby eliminating potential gaps in service.

Lastly, each of our team members works extensively with the public, both individually and in teams, to find solutions that benefit both the community and the individual applicant or property owner. Our mission, “To be an indispensable partner to our clients, communities, and each other,” is exemplified through our planners.

Amber Aguayo, CFO/COO, is authorized to contractually bind the firm. Please do not hesitate to contact Mr. Brandt by phone or e-mail (559-733-0440 or [email protected]) if you have any questions or require additional information. QK acknowledges all published addenda.

With appreciation,
Steve Brandt, AICP
Principal-in-Charge/Principal Planner
Amber Aguayo

CFO/COO
P240209
(800) 955-7599 | QKinc.com 3
Table of Contents
A. Cover Letter...................................................................................................................... 2 B. Brief Company Profile........................................................................................................ 4 Location of Company Headquarters and Branch Offices ................................................................................5 Disciplines and Staffing...........................................................................................................................................6 C. Organization and Staffing .................................................................................................. 8 D. Description and Approach ................................................................................................ 13 E. Cost Proposal.................................................................................................................. 17 F. Résumé, Relevant Projects/Services with References........................................................ 20 G. Other Information Requested........................................................................................... 26 May 3, 2024
P240209
© Copyright by Quad Knopf, Inc. dba QK
Unauthorized use prohibited
601 Pollasky Avenue, Suite 301
Clovis, CA 93612
(559) 449-2400
(800) 955-7599 | QKinc.com 4
B. Brief Company Profile
Since 1972, QK has successfully partnered with cities,
counties, state agencies, and other public agencies to develop efficient solutions that have lasting positive impacts on Central Valley communities. Founded on the idea of providing high-quality engineering and planning services to Central Valley cities, we now offer an array of services that contribute to sustainable communities and elevate the quality of life.

Our diverse staff of over 140 employees provides land use planning, environmental planning and permitting, biological resources, civil engineering, land surveying, utility coordination, construction management, labor compliance, urban design, landscape architecture, and geographic information systems from six Central Valley offices. We take pride in the ability to offer in-house, programmatic professional services to serve our diverse clientele.

QK provides a full array of technical services to guide projects through the ever-changing landscape of the local, State, and federal entitlements and permitting process. Our environmental planning staff has prepared thousands of
defensible CEQA and NEPA documents that help both public agencies and private developers achieve project objectives, budgets, and schedules while thoroughly complying with
applicable environmental regulations.

QK Firm Overview
Many of our planners are former public-sector planners, and their experience has led to proactive strategies
that can often streamline the environmental process
and facilitate a positive outcome for complex and large projects.

They are also skilled in collecting public opinion through outreach efforts and adept at making presentations
to Planning Commissions, Boards of Supervisors, City
Councils, and Special District Boards. QK also offers a full suite of subject matter experts to prepare technical documents to support the environmental review process.

QK has provided on-call and contract planning services
to Central Valley cities for over 50 years. Our current team of planners has worked directly on staff or
as contract planners for at least 15 city and county
planning departments, most here in the San Joaquin
Valley. Each is a little different, with different processes, different challenges, and different needs, and we are ready to provide the mix and style of planning services that is right for the City of Chowchilla.
(800) 955-7599 | QKinc.com 5
Number of Years in Business
52 years
QK Office
Full-time Remote Staff
City of Chowchilla
MERCED
(209) 723-2066
2816 Park Avenue
Merced, California 95348

BAKERSFIELD
(661) 616-2600
5080 California Avenue, Suite 220
Bakersfield, California 93309

PORTERVILLE
(559) 781-2700
150 West Morton Avenue
Porterville, California 93257

VISALIA - HEADQUARTERS
(559) 733-0440
901 East Main Street
Visalia, California 93292
CLOVIS
(559) 449-2400
601 Pollasky Avenue, Suite 301
Clovis, California 93612

HANFORD
(559) 582-1056
609 North Irwin Street
Hanford, CA 93230
Location of Company Headquarters and Branch Offices
1972
Quad Consultants
founded
1976
Knopf Engineering
founded
Quad Consultants &
Knopf Engineering merge
to form Quad Knopf, Inc.
1998
2016
Quad Knopf, Inc.
rebrands to QK
140+ QKers provide
a holistic suite of
consulting services
Today
(800) 955-7599 | QKinc.com 6
Advanced Unmanned Aerial
System (UAS) Mapping
ü
Labor Compliance
Biological Resources Land Surveying
Civil Engineering Land Use Planning
Construction Management Landscape Architecture
Environmental Permitting &
Planning Urban Design
Geographic Information
Systems (GIS) Utility Coordination
Disciplines and Staffing
QK has a diverse staff of more than 140 employees in six offices – Visalia, Clovis, Merced, Hanford, Bakersfield, and Porterville.

We provide:

Managing On-Call Assignments and Deliverables
Steps to Success
Understand Project Goals and Deliverables
• Creating a shared vision of completion obtained thorough scope development and project kickoff Project Execution Through Delivery
• Setting defining project schedule, including tasks and milestones • Regular communication with City staff via in-person/virtual meetings, emails, and phone calls - Updates and progress
- Coordination with any stakeholders
- Discussions due to unforeseen problems or issues
• Serving as an extension of City staff with seamless collaboration • Implementing mandatory QA/QC process for best outcomes • Leveraging agency relationships for successful project delivery • Conducting plan checks for constructability while managing contractor relationships Delegation
• Assigning experienced team members and resources to ensure deliverables are completed on time and within budget using our internal automated system to track budges and deliverables (800) 955-7599 | QKinc.com 7
QK provides Comprehensive Zoning Code Updates for many planning projects, please see below for an example of Form-Based Codes provided for the City of Tulare.
(800) 955-7599 | QKinc.com 8
Name | Title Role | Qualifications

STEVE BRANDT, AICP
Principal Planner
B.A. Marketing/Management
Fresno Pacific University
Certified Planner
American Institute of Certified
Planners, No. 133286
Principal-in-Charge
Steve will be vital in overseeing the City of Chowchilla On-Call Planning Services. He will provide strategic direction and guidance that align with the City of Chowchilla’s requirements and objectives. He will be pivotal in maintaining project consistency, verifying that all initiatives adhere to the City of Chowchilla’s broader objectives, and facilitating effective resource management.

TREVOR STEARNS
Senior Associate Planner
B.S. Geography
California State
University, Fresno
Geospatial Information Systems
Certificate
Project Manager | Primary Point of Contact
In his role as the primary point of contact and Project Manager, Trevor’s responsibilities will directly contribute to the efficient progress and successful completion of the City of Chowchilla’s On-Call Planning Services. Emphasizing accountability, Trevor will take the lead in proactive issue resolution and maintain regular reporting, progress updates, and milestone reviews with the City of Chowchilla and relevant stakeholders. These actions will provide transparency, facilitate collaboration, and prompt action on potential challenges, all essential for project success.

ANNALISA PEREA, AICP
Senior Planner
B.S. City & Regional Planning
California Polytechnic State
University, San Luis Obispo
Architecture & Urbanism SAB
Universidade Federal do Rio de
Janiero, Brazil
Certified Planner
American Institute of Certified
Planners, No. 29661
On-Call City Planner
Annalisa has served the City of Chowchilla as the On-Call City Planner since 2016. She brings an interdisciplinary perspective to all of her work, with an understanding on sustainability, innovate designs and socio-economic issues of the urban context. She will conduct environmental analysis and prepare CEQA-compliant documentation on a wide range of issues, utilizing both qualitative and quantitative analysis and computerized air quality modeling. With a keen understanding of sustainability and socio-economic issues, Annalisa brings an interdisciplinary perspective to all of her projects, from largescale urban planning to visionary landscape and urban design.

JAYMIE BRAUER
Principal Planner
M.A. Anthropology
University of Texas, Austin
B.S. Anthropology
Purdue University, West
Lafayette
CEQA Lead
Jaymie will tailor her approach to the unique aspects of the City of Chowchilla’s project objectives, site conditions, and applicable local, State, and national requirements. The intent of CEQA is to analyze the potential impacts and environmental consequences of a project.

She will achieve this by: informing stakeholders of the potential environmental effects of a project, identifying options to avoid or reduce environmental damage, preventing significant damage by mandating project changes through alternative methods or mitigation measures, and informing the public about why a project resulting in significant environmental impacts was approved.

C. Organization and Staffing
Project Team
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Name | Title Role | Qualifications

ZACHARY NEUMANN
Senior GIS Analyst
B.S. Environmental
Science, GIS Minor
Portland State University
GIS Analyst
Zachary will be vital in his role with GIS mapping services, data collection and analysis, research activities, and drafting support and help maintain the city’s geographical information system (GIS). This approach provides meaningful insights into a range of asset locations, from public works and telecommunications infrastructure to more specialized services like mineral exploration or renewable energy. QK is an ESRI Partner capable of using existing data sets with web-based ArcGIS Online technology for enhanced decision-making in urban planning, natural resource management, environmental protection, and much more!

IRENE MORENO
Assistant Project
Manager
B.A., Organizational
Leadership
Fresno Pacific University
A.A., Liberal Arts Degree
College of the Sequoias
Assistant Project Manager
Coming off a recent assignment working on-site with the City’s Community & Economic Development Department’s staff, we want to keep Irene involved with City projects. As Assistant Project Manager, she will assist Trevor with proactive issue resolution and maintain regular reporting, progress updates, and milestone reviews with the City of Chowchilla and relevant stakeholders.

She enjoys building a rapport with clients and staff to continue a good working relationship.

CHRIS MYNK, AICP
Principal Planner
B.S. Community &
Regional Planning
Iowa State University
Certified Planner
American Institute of
Certified Planners, No.
24114
Principal Planner
Chris brings a wealth of experience and enthusiasm to QK, following a successful 12-year tenure as a senior-level planning manager with the Kern County Planning and Natural Resources Department (County Planning).

While at County Planning, Chris honed his skills in CEQA and NEPA document preparation and mitigation compliance. Now at QK, he expertly manages project entitlement efforts for both public agencies and private interests, ensuring top-notch results for his clients. With a passion for delivering excellent outcomes, Chris provides in-depth technical analysis of environmental documentation related to a diverse range of issue areas. As a strong advocate for his clients, he goes the extra mile to guarantee the best possible results for their projects, which includes public outreach and close interaction with public agencies. Chris’s areas of expertise span the California Central Valley, Mojave Desert, Oil and Gas permit processing, commercialscale renewable energy (wind and solar), as well as residential, commercial, and industrial development. His upbeat approach and dedication make him an invaluable asset to the QK team and his clients. Chris will serve as a resource to the Planning team providing services to the City of Chowchilla.

Additional Support Staff
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Name | Title Role | Qualifications

KIRA NOGUERA
Senior Planner
B.S. Environmental Policy
Analysis & Planning
University of California,
Davis
Senior Planner
Kira brings a comprehensive understanding of public and private sector planning methods to QK’s team. She served as City Planner for Fresno and Madera before joining QK, where her role primarily involved processing planning applications, assisting developers and citizens, and managing planning projects. Her experience also includes field environmental compliance management for PG&E’s solar facilities. Kira combines all of this diverse experience to assist QK’s clients with their most difficult planning projects. During her QK tenure, Kira has furthered her planning expertise acting as Contract City Planner for the cities of Selma, Lindsay, and Rocklin, and the County of Calaveras.

CHRISTINE CHAVEZ
Senior Planner
Master of Public
Administration
California State
University, Fresno
B.A. Sociology
University of the Pacific
Management and
Supervisory Certificate
Tulare County
Transit and Paratransit
Management Certificate
Senior Planner
Christine is a highly skilled and dedicated Senior Transportation/Traffic Planner with nearly two decades of experience in planning, modeling, and public administration for multimodal transportation projects throughout the Central Valley. She has a strong background in managing multimodal planning and policy, regional transit service operations and maintenance, and local, state, and federal funding and compliance. With a keen interest in using her public administration skills to improve transportation, Christine has developed planning documents, implemented policies, and created funding strategies that have led to increased local funds for capital and operational improvements. Christine is fluent in English and Spanish and possesses excellent communication and public speaking skills, allowing her to work effectively with diverse teams and partner agencies. Her extensive experience in contract management, transit/multi-modal planning, and state and federal statutes and guidelines make Christine an invaluable asset to any transportation-focused organization.

MARINA HUENERS
Senior Associate
Planner | Urban
Designer
B.S. Landscape
Architecture
California Polytechnic
State University
A.A. Fine Arts
Moorpark Community
College
Senior Associate Planner | Urban Designer
Marina is a highly skilled urban designer and land planning specialist with over a decade of experience in the field. Her expertise covers a broad range of areas, including master planning, area development plans, site programming, and more. She’s well-versed in developing existing constraint maps, construction site documents, land acquisition entitlement plans, annexation applications, specific plans, pre-zoning entitlement reports, and municipal service review reports. One area where Marina really shines is in her ability to provide site-specific guidance that incorporates climateappropriate standards. With her guidance, communities are designed with the environment in mind. But Marina’s skills don’t stop at planning - she’s also a talented designer with a keen eye for urban and graphic design. Her ability to provide graphic representations of project visions allows clients to create communities that are not only functional and sustainable but also visually stunning.
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Name | Title Role | Qualifications

THOMAS KOBAYASHI
Senior Associate
Planner
B.S. City and Regional
Planning
California Polytechnic
State University
Senior Associate Planner
Thomas brings valuable experience from his five-year tenure as a Planner with the County of Fresno, Department of Public Works and Planning.

While at the County’s Development Services and Capital Projects Division, he processed land use permits, prepared CEQA-compliant documents, and presented projects to the Fresno County Planning Commission and Board of Supervisors. Additionally, he has experience in preparing NEPAcompliant documents for HUD-funded projects throughout the County of Fresno. Throughout his career, he has prepared and managed numerous projects requiring CEQA and NEPA compliance. These projects involved the preparation and management of CEQA documents, such as Environment Impact Reports and Mitigated Negative Declarations. He also has experience in preparing NEPA-compliant documents for federally funded projects, including Environmental Assessments (EA). At QK, he contributes his extensive CEQA and NEPA expertise to various projects requiring Environmental Impact Reports, Mitigated Negative Declarations, and Environmental Assessments.

DANIELLE MONSIBAIS
Senior Associate
Planner
B.A. Communication,
Minor in Marketing
California State
University, Bakersfield
Senior Associate Planner
Danielle is a Senior Associate Planner who enjoys making clients feel heard and their project needs met. She originally discovered her passion for planning when she started an internship at the Kern County Planning Department and worked her way up to a Planner 1 position, where she eventually became a Supervisor in the Kern County Planning department for 7 years. Danielle is currently Interim in Community Development at the City of Delano. Danielle sees her projects from all angles, from the very first code getting the permits for the building, to a complete product. She also oversees code enforcement, building, and planning. Danielle takes pride in being active in the communities she works in, and keeping the community involved and seen. Her favorite part of her role is developing relationships with everyone she meets, and making sure that people are heard and directed to the right source.

MARISELA MARTINEZ
Senior Associate
Planner
B.A. Urban Studies
Brown University
Senior Associate Planner
Marisela is a Senior Associate Planner who chose planning as her profession due to the love she has for the community she knows and loves – the Central Valley. She enjoys incorporating planning into the everyday lives of community members around her. Marisela is a native Spanish speaker and has experience in current, long range, and environmental planning. She has experience in Adobe InDesign and Procreate. Marisela is a member of the American Planners Association and was awarded the American Planning Association - California Chapter Public Outreach Merit Award in 2023. (800) 955-7599 | QKinc.com 12
Name | Title Role | Qualifications

ETHAN DAVIS
Associate Planner
B.A. Geography
California State
University, Fresno
Geospatial Information
Systems Certificate
Associate Planner
Ethan is a seasoned professional in the field of urban planning, with a wealth of experience gained from his time as a land use planner at the County of Fresno and his current role at QK. Drawing on his expertise in interpreting general plans, municipal codes, and zoning procedures, as well as his proficiency in Geographic Information Systems (GIS), Ethan has built a reputation for helping clients navigate the complex world of entitlement and permitting requirements. Ethan’s comprehensive understanding of planning regulations allows him to effectively review development proposals for various projects, such as Conditional Use Permits, Tentative Tracts, Variances, Time Extensions, and Director Review and Approvals. By applying his knowledge of general plans, municipal codes, and zoning procedures, Ethan is well-equipped to verify that his clients’ projects are in compliance with local regulations and positioned for success.

TIM MULICK, CPSI
Associate Planner
B.A., Landscape
Architecture & Design
Kansas State University
Certified Playground
Safety Inspector
National Recreation and
Park Association
Associate Planner
Tim is a planning and landscape architecture professional with over 25 years of diverse experience in the field. Holding a degree in landscape architecture, Tim has worked with numerous municipalities and private clients, providing services in design, compliance, data capture and analysis, and grant funding applications. His extensive background includes designing municipal, commercial, and residential landscape projects. Throughout his multifaceted career, Tim has gained significant expertise in managing schedules and budgets, as well as presenting projects and engaging in public outreach.

His experience spans various industries, including landscape architecture, commercial horticultural nursery, construction, municipal, and agricultural.

With a passion for innovative solutions and an unwavering commitment to excellence, Tim continues to make his mark in the fields of landscape architecture, planning, and community design.
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D. Description and Approach
City Planning Services
QK believes small cities deserve
quality professional planning services
just as much as large cities.

Our focus has always been on small-city clients who can benefit from the experience of our staff who have worked in larger cities and can share that expertise. QK will use this experience to provide the City of Chowchilla with teamsupported services that help enforce Chowchilla’s planning goals and development policies in a business-friendly fashion.

We look for solutions where there are roadblocks in the way of development projects that the City wants. Where
there are controversial projects, we will provide the Planning Commission and City Council with objective analysis while managing a project review process that honors disparate points of view. When we think there is a potential legal issue, we will recommend assistance from the City Attorney. In short, we want to be seen as an extension of the City’s staff, looking out for the City’s and the community’s best interests.

City planning departments provide a wide variety of services.

Some involve simpler, over-the-counter approvals such as sign permits, accessory dwelling units, or home occupation permits. Sometimes, people simply want information so that they know what they can do with their land. Other projects, like conditional use permits, zone changes, and subdivision maps, require discretionary action by the City Council. QK staff have experience with all these types of projects.

Principal Planner Steve Brandt, AICP, will ensure that each project has the necessary resources to meet the goals and objectives, timeline, and budget of each individual project.

Steve has more than 25 years of experience as a county
planner, city planner, Local Agency Formation Commission (LAFCO) analyst, and consultant.

When a new project is defined, Steve will work alongside Trevor to establish a team whose strengths coincide with the scope.

Our general approach for each project will be to first meet with City staff to:

1. Understand the goals of the project from the perspective of all parties affected by the project.

2. Agree on a plan for managing the project and providing for public outreach.

3. Initial data gathering and analysis.

4. And present recommendations.

Once recommendations are reviewed and accepted, specific deliverables are determined (such as new ordinances, plans, or policies ready for adoption).

With QK’s experience working as City planning staff, we can assist with staff reports, resolutions, CEQA analysis, and other services as needed by each individual project.

Annalisa Perea, AICP, will continue to serve in her role as the City of Chowchilla’s on-call Planner and the main contact for city planning services. Annalisa has more than 10 years of experience as a planner and has been serving Chowchilla since 2016. Trevor Stearns will continue to serve as Project Manager, overseeing the time allocation and invoicing.

Building upon her recent experience in Chowchilla, we will look for ways to include Irene Moreno as needs arise that she can fill as Assistant Project Manager. Acting as Principalin-Charge, Steve Brandt, AICP, will provide principal-level oversight of all planning services provided to the City of Chowchilla.

Jaymie Brauer will serve as the main CEQA and NEPA
technical consultant, assisting the team with environmental determinations and overseeing the preparation and review of CEQA and NEPA documents. Jaymie has written numerous
EIRs and Mitigated Negative Declarations.

Benefits of On-Call Contract City
Planning Team
Our team will be assisted by more than 140 professionals employed by QK to ensure that the City has access to the full capacity of our team as the City continues to design for a thriving community. By accessing the rest of QK’s technical resources, more specialized planning issues can (800) 955-7599 | QKinc.com 14
be addressed as needed, like annexation processing, NEPA compliance, or urban design concept preparation. With our deep bench of planners, we can ramp up for a larger task or scale back when the need for planning expertise is slower.

This is evidenced by our past performance, in which we
have provided more or fewer services as Chowchilla’s needs changed year to year.

QK has contracts with several other cities in the San Joaquin Valley. This gives us a larger perspective about planning trends that go beyond Chowchilla. We regularly meet to
collaborate and learn from each other; we can use what
we learn in other cities and apply that to Chowchilla when appropriate.

Tracking Project Delivery and Budget
Cities’ budgets are a constant struggle. QK can assist with that in several ways. The most important way is to work to keep our own costs down that go to the City’s general fund.

We will continue to track and invoice our time on developerdriven projects so that the cost of our services can be forwarded to the developer so that they can fully reimburse the City. Since working in Chowchilla, QK has not exceeded our non-reimbursable yearly planning budget, even when it was reduced from $50,000 to $25,000. Our staff also has the ability to prepare development impact fee studies, planning application fee studies, and utility rate studies if Chowchilla is looking to review their fee schedules.

When the City needs larger planning projects, QK has both the experience and the capacity to meet the needs. We
have prepared many General Plan Updates, Zoning Code
Updates, Design Guidelines, Parks Master Plans, and LAFCO Municipal Service Reviews for cities similar to Chowchilla.

Our experience working in Chowchilla has given us an
understanding of Chowchilla’s unique aspects, and we
can incorporate that uniqueness into these larger planning documents.

QK employs a rigorous project delivery strategy that includes an early focus on helping our clients by:
• Establishing communication protocols.
• Identifying expectations.
• Uncovering underlying interests for each project.
• Identifying specific strategies that the team can adopt to achieve those expectations.

This process is thoroughly documented and followed through to the completion of the project.

Understanding that the Project Manager plays a critical role in ensuring client success, our Project Managers, as well as all staff members, use Deltek® Vision as the primary software tool for comprehensive, effective project management.

This system helps with all aspects of project management including:

1. Project planning

2. Reporting

3. Monitoring

4. Billing

5. Correspondence
With the information provided by our powerful Deltek® Vision software, Project Managers monitor the following in real time:

1. Scope

2. Schedule

3. Budget

4. Staffing levels

5. Critical funding requirements
This tool allows QK the consistent ability to be flexible and responsive, and accurately provide clients with requested upto-date project information.

In addition, all QK Project Managers follow a detailed project monitoring schedule to help clients feel confident in the process.

This basic schedule includes at a minimum, the following:
• Weekly Reports: Project summary, deliverables, and
schedule
• Bi-weekly Reports: Accounts receivable
• Monthly Reports: Executive review of all work in
• Process, invoices, and project/client updates
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Real-Time
Project Tracking
Project Planning
Budget
Schedule
Communication
Quality
Team
Project Management
In addition to corporate general accounting
procedures, QK uses Deltek® Vision project-andcost-tracking software to manage each project.

The system provides up-to-the-minute tracking
capabilities including budget, schedule, and human
and capital resources.

Communication
To maintain great communication with you, we are
implementing two new internal procedures to facilitate
coordination and communication between QK and clients.

First, we will set up a [email protected] email address that you can use to contact us.  When you send an email to this address, it will be received by Annalisa, Trevor, and Irene. Irene will be responsible for confirming you receive a timely response in the event either Annalisa or Trevor is out that day or unavailable. Second, as Assistant Project Manager Irene will be planning and tracking projects and resources to help keep projects aligned with schedules and budgets. Working closely with Trevor and Annalisa, Irene will help to facilitate follow-through on client deliverables, communication, and documentation. Team support will
include assisting with client meetings including scheduling, agenda preparation, and follow up.
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Quality Management Program
QK has implemented a formal Quality Management Program
(QMP) which outlines the key mandatory quality assurance and quality control procedures required for all projects undertaken by the company. A project management plan is prepared for every project. This plan includes the quality control and quality assurance (QA/QC) process to be utilized for each project.

The quality assurance procedure involves collaboration between the project manager and the reviewers to assure that all comments made as a part of the review have been addressed to the satisfaction of the person making the review. After a review has been completed, affected team members are assembled to discuss comments. This meeting identifies opportunities to resolve problems early, and allows the team to improve the company’s processes and knowledge sharing. If appropriate, “best practices” may be identified that should be considered for adoption on a company-wide basis.

QK's QMP is a
no-exceptions
company-wide
policy.

Independent
Third Party Required:

Qualified individual not involved in
design or preparation of the plans or
documents being reviewed.

Individual Quality Pledge:

Annually, each team member is required
to sign a Quality Pledge agreeing to
uphold the company’s QMP process.

No Exceptions:

QMP review takes priority over all
other project considerations, including
schedule and budget.

Accountability:

Reviewer must sign off on the final
deliverable before it leaves the office.

Specific Area of Review Identified:

Responsibility of reviewer specified in
advance. All areas of the QMP must be
covered for every project.

Qualified Reviewer:

Must be, at a minimum, peer level or
higher (experience) possessing skills
appropriate for the area being reviewed.

Quality
Management
Program [ QMP ]
QK will continue to provide a 10% discount on work charged to the City’s general fund, as we have been doing since we started our planning services in Chowchilla in 2016.  So for example, a Senior Planner would be billed at $162 / hour as indicated below.

Project Administrator $90.00 / hour $100 / hour
Assistant CADD Technician / Assistant CADD Designer / GIS Technician $90.00 / hour $100 / hour Associate CADD Technician / Associate CADD Designer / Associate GIS Analyst $103.50 / hour $115 / hour Senior Associate CADD Technician/ Senior Associate CADD Designer / Senior Associate GIS Analyst $112.50 / hour $125 / hour Senior CADD Technician / Senior CADD Designer / Senior GIS Analyst $139.50 / hour $155 / hour Landscape Architect Technician $103.50 / hour $115 / hour Assistant Engineer $112.50 / hour $125 / hour
Associate Engineer $139.50 / hour $155 / hour
Senior Associate Engineer $162.00 / hour $180 / hour
Project Engineer $184.50 / hour $205 / hour
Senior Engineer / City Engineer / District Engineer $211.50 / hour $235 / hour Senior Air Quality Engineer $247.50 / hour $275 / hour
Principal Engineer $247.50 / hour $275 / hour
Assistant Environmental Scientist $90.00 / hour $100 / hour Assistant Planner $99.00 / hour $110 / hour
Associate Planner / Associate Environmental Scientist $112.50 / hour $125 / hour Senior Associate Environmental Scientist $130.50 / hour $145 / hour Senior Associate Planner $135.00 / hour $150 / hour
Senior Environmental Scientist $166.50 / hour $185 / hour Senior Planner / Senior Landscape Architect $162.00 / hour $180 / hour Principal Planner / Principal Environmental Scientist $189.00 / hour $210 / hour Senior Principal Planner / Senior Principal Environmental Scientist $202.50 / hour $225 / hour Field Construction Observer $121.50 / hour $135 / hour
Senior Field Construction Observer $144.00 / hour $160 / hour Assistant Construction Manager / Assistant Project Manager $112.50 / hour $125 / hour Associate Project Manager $125.10 / hour $139 / hour
Associate Construction Manager / Associate Field Construction Observer $135.00 / hour $150 / hour Project Manager $135.00 / hour $150 / hour
Senior Associate Construction Manager / Senior Associate Project Manager $148.50 / hour $165 / hour Senior Project Manager $175.50 / hour $195 / hour
Senior Construction Manager $175.50 / hour $195 / hour
Principal Construction Manager / Principal Project Manager $202.50 / hour $225 / hour Assistant Surveyor $108.00 / hour $120 / hour
Associate Surveyor $120.60 / hour $134 / hour
Senior Associate Surveyor $147.60 / hour $164 / hour
Project Surveyor $166.50 / hour $185 / hour
Senior Surveyor $184.50 / hour $205 / hour
One-Person Survey Crew $162.00 / hour $180 / hour
Two-Person Survey Crew $247.50 / hour $275 / hour
Three-Person Survey Crew $337.50 / hour $375 / hour
UAV Pilot $175.50 / hour $195 / hour
UAV Flight Observer $144.00 / hour $160 / hour
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit.

Rates are effective through December 31, 2024. If contract assignment extends beyond that date, a new rate schedule may be added to the contract.

Expert Witness/ Litigation support will be billed as quoted.

Rates based on “Prevailing Wage” (PW) for Construction Surveying will be determined by project and County per California law. 6/6/2024 2024 CHARGE RATE SCHEDULE
Regular
Hourly Rate
Hourly Rate
w/City Discount
(10%)

EXPENSES

TECHNICAL SERVICES

PROFESSIONAL SERVICES
Engineering
Planning / Environmental / Landscape Architecture
Construction and Project Management
Surveying
Plotting, Printing and Reproduction, Equipment Rental, Postage and Shipping Transportation and per diem (QK will provide documented evidence of business travel, travel outside of work areas shall be pre-approved by Client) Mileage
Other Expenses – Including Subconsultants & Purchased Services through Subcontracts

1.15 x Cost

1.15 x Cost

1.15 x Cost
$0.77 / mile
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Please see below for QK’s ability to stay within budget with the On-Call City Planning Services for Chowchilla over the last 6 years.

FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24
Budget $166,700.00 $186,533.00 $114,112.00 $94,800.00 $65,500.00 $111,000.00 Actual $151,317.35 $166,795.73 $58,834.86 $45,934.86 $45,051.46 $43,515.90 $0.00
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
$160,000.00
$180,000.00
$200,000.00
On-Call City Planning Services - All
QK Budget to Actual
FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24
Budget $116,100.00 $116,000.00 $100,000.00 $50,000.00 $25,000.00 $25,000.00 Actual $72,657.87 $92,506.03 $54,286.26 $23,727.98 $23,962.26 $11,044.40 $0.00
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
On-Call City Planning Services - General Fund
QK Budget to Actual
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58.50%
General Fund

41.50%
Developer Fund
On-Call City Planning Services - Funds
FY 2018 - 2024
General Fund Developer Fund
FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24
Budget $78,659.48 $74,289.70 $14,112.00 $44,800.00 $40,500.00 $86,000.00 Actual $78,659.48 $74,289.70 $4,548.60 $22,196.88 $21,089.20 $32,471.50 $0.00
$10,000.00
$20,000.00
$30,000.00
$40,000.00
$50,000.00
$60,000.00
$70,000.00
$80,000.00
$90,000.00
$100,000.00
On-Call City Planning Services - Developer Funds
QK Budget to Actual
Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 20 F. Résumé, Relevant Projects/Services
with References
Steve Brandt, AICP
Principal Planner
Principal-in-Charge
Steve is a highly skilled planning professional with expertise in municipal policy planning, development entitlement processing, and contract city planning. Before QK, Steve honed his skills in various planning functions with the City of Visalia. He started as front counter staff and worked his way up to manager, ultimately serving as Planning Manager of the Planning Division. He also served as Entitlements Manager at Centex Homes Central Valley Division, where he excelled at obtaining land use approvals and resolving entitlement issues. His extensive experience and expertise make him an asset to any planning team, and his positive attitude and enthusiasm make him a pleasure to work with.

RELEVANT PROJECT EXPERIENCE
City of Lemoore Contract Planning Services
Project Manager & City Planner
City of Lemoore | Lemoore, CA
2013 - Present
Project Description: QK provides contract City Engineering services and serves as City Engineer/City Surveyor. Additional tasks performed include City staff representation with project applicants, entitlement and site plan review, planning research, reports and updates to City Manager, and advisor to the Planning Commission at their meetings.

Hanford General Plan Update, EIR, Zoning Ordinance Update, Subdivision Ordinance Update, and Infrastructure Master Plans Project Manager
City of Hanford | Hanford, CA
2013 - 2016
Project Description: QK prepared a comprehensive General Plan, Zoning Ordinance (ZO) and subdivision ordinance update, as well as the supporting environmental review/reports. Important features: 1) goals, objectives, policies, and programs for elements in land use and community design; transportation and circulation; open space, conservation, recreation; health and safety; public facilities and services and Environmental Justice; 2) an extensive Public Engagement/Outreach program including a city-wide bus tour and 14 meetings with the Citizen’s Advisory Committee; 3) Preparation of a program level EIR; 4) a ZO update that reflected the City’s desire for a “Red Carpet, not Red Tape” approach.

City of Sanger Contract Planning Services
Project Manager
City of Sanger | Sanger, CA
2011 - 2014
Project Description: Provided Contract Planning Services for the City’s Community & Economic Development Department.

REFERENCES
City of Lemoore
Kristie Baley, Management Analyst
711 W. Cinnamon Drive, Lemoore, CA
93245
(559) 924-6740
City of Hanford
Jason Waters, Assistant City Manager
319 N. Douty Street, Hanford, CA 93230
(559) 585-2545
City of Sanger
Nathan Olson, City Manager
(Former Contact Dan Spears, Retired)
1700 Seventh Street, Sanger, CA 93657
(559) 876-6300

RELEVANT EXPERTISE
Project Management
General Plans / Zoning
Land Development Entitlements
Annexations / LAFCO
Master Plans/Specific Plans
Urban Development Boundaries
Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 21 Trevor is a well-rounded planner with exceptional experience in environmental compliance documentation. From research, analysis, and report writing to map creation using ArcGIS, he has authored and assisted with generating several complex CEQA documents. He serves as the contract City Planner for the City of Selma, giving him a strong understanding of municipal planning requirements and needs.

He’s processed conditional use permits, site plan reviews, variances and presented frequently to the public, Planning Commission, and City Council.

RELEVANT PROJECT EXPERIENCE
City of Selma On-Call Planning Services
Project Manager and City Planner
City of Selma | Selma, CA
2019 - Present
Project Description: QK currently provides contract planning services, including assisting planning staff with land use planning and CEQA compliance, as well as other duties are requested. Planning tasks include training City staff, review of applications, site plan reviews, writing staff reports and preparation of CEQA documents. Biological services include reconnaissance and protocol surveys in support of proposed development projects, as well as coordination with wildlife agencies.

City of Delano General Planning Services
Senior Planner
City of Delano | Delano, CA
2020 - Present
Project Description: QK provides planning services to the City of Delano for development of a General Plan and Zoning Ordinance Update. This includes a comprehensive update to the City’s General Plan and Zoning Ordinance, along with the required program Environmental Impact Report. Preparing both documents as part of a single project saves the City time and money, and makes the two documents consistent with each other, reducing confusion and delay when development projects are proposed.

Madera County Supervisorial Redistricting
Project Manager
County of Madera | Madera, CA
2021 - 2022
Project Description: QK assisted Madera County in redistricting their Board of Supervisors districts from 2020 Decennial Data from the U.S. Census Bureau. QK analyzed Population, Demographic, Voting Age, and Citizen data. This included representing the data through ESRI ArcGIS software to accurately represent the Board of Supervisors district boundaries in compliance with the Voting Rights Act and FAIR Maps Act. Multiple iterations of maps were presented at Board of Supervisor meetings and workshops with Community stakeholders and groups.

Trevor Stearns
Senior Planner
Role: Project Manager

REFERENCES
City of Selma
Jerome Keene, MAS, AICP
Deputy City Manager
1710 Tucker Street, Selma, CA 93662
(559) 891-2200 ext. 2267
City of Delano
Roman Dowling, PE
Public Works Director/City Engineer
1015 Eleventh Avenue
Delano, CA  93216-3010
(661) 720-2219
County of Madera
Matthew Treber
Chief of Development Services
200 West 4th Street, Suite 3100
Madera, CA 93637
(559) 675-7821

AFFILIATIONS
American Planning Association

RELEVANT EXPERTISE
CEQA Compliance
Geographic Information Systems (GIS)
ArcGIS & ArcMap
Environmental Planning
Land Use Planning
Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 22 Annalisa has worked in both the private and public sectors, and has been involved in her community at several levels. She has vast experience with government agency and stakeholder coordination. Annalisa conducts environmental analysis and prepares CEQA-compliant documentation on a wide range of issues, utilizing both qualitative and quantitative analysis and computerized air quality modeling. With a keen understanding of sustainability and socio-economic issues, she brings an interdisciplinary perspective to all of her projects, from large-scale urban planning to visionary landscape and urban design. Recently elected to Fresno’s City Council, she demonstrates her commitment to making a positive impact and is a valuable asset to any team looking to create sustainable designs.

RELEVANT PROJECT EXPERIENCE
City of Selma On-Call Planning Services
Senior Planner
City of Selma | Selma, CA
2019 - Present
Project Description: QK currently provides contract planning services, including assisting planning staff with land use planning and CEQA compliance, and other duties are requested. Planning tasks include training City staff, review of applications, site plan reviews, writing staff reports and preparation of CEQA documents. Biological services include reconnaissance and protocol surveys in support of proposed development projects, as well as coordination with wildlife agencies.

City of Dinuba Contract Planning Services
Associate Planner/Contract City Planner
City of Dinuba | Dinuba, CA
2014 - 2017
Project Description: Provided on-site contract planning services, reviewed preliminary plans and site plans. Prepared Directors Review Permits, staff reports, conditions of approval and other documents for proposed construction, and remodeling. Prepared environmental documentation for project compliancy with CEQA. Conducted research requests. Assisted public at the counter and telephone with inquiries from applications to zone change requests.

City of Sanger Contract Planning Services
Associate Planner/Contract City Planner
City of Sanger | Sanger, CA
2011 - 2014
Project Description: Provided on-site contract planning services, reviewed preliminary plans and site plans. Prepared Directors Review Permits, staff reports, conditions of approval and other documents for proposed construction, remodeling, and other projects. Prepared environmental documentation for project compliancy with CEQA. Conducted research requests.

Annalisa Perea, AICP
Senior Planner
Role: On-Call Planner

REFERENCES
City of Selma
Jerome Keene, MAS, AICP
Deputy City Manager
1710 Tucker Street, Selma, CA 93662
(559) 891-2200 ext. 2267
City of Dinuba
Luis Patlan
City Manager
405 E El Monte Way, Dinuba, CA 93618
(559) 591-5900
City of Sanger
Nathan Olson, City Manager
(Former Contact Dan Spears, Retired)
1700 Seventh Street, Sanger, CA 93657
(559) 876-6300

CERTIFICATIONS
Certified Regulation VIII Dust Control
Plan Preparer
SJVAPCD, No. 10659427

AFFILIATIONS
City Council Member, City of Fresno
Area 5 Trustee, State Center
Community College District
Assoc. of Environmental Professionals
U.S. Green Building Council, Board of
Directors
Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 23 Jaymie has an eclectic career that includes community development planning, CEQA compliance, and environmental documentation management. She built a successful career as a Principal Planner, following a seven-year tenure as a senior-level Planner with the Kern County Planning and Community Development Department. With over ten years of experience in CEQA compliance, Jaymie manages environmental documentation efforts for public agencies and private interests. Her expertise spans Central Valley issues such as road improvement, highway safety, renewable energy, municipal infrastructure, and waste recycling.

Jaymie has prepared numerous CEQA and NEPA documents such as Environmental Impact Statements and Environmental Assessments. She is adept at project management, technical review, and report preparation, and enjoys advocating for her clients. Her diverse professional experience and education have deepened her understanding of cultural, biological, utility, hazards, and environmental compliance.

RELEVANT PROJECT EXPERIENCE
Environmental Compliance - City of Chowchilla HSIP and CDBG Road Improvement Projects
Principal Planner/ Lead CEQA/NEPA
City of Chowchilla | Chowchilla, CA
2024
Project Description: Prepared necessary NEPA/CEQA compliance documentation such as Categorical Exemptions and Preliminary Environmental Assessments (PES) for Caltrans/HUD/CDBG related infrastructure projects. Projects include the City Storm Drain Improvement, ADA Ramp Improvements and the City HSIP Intersection.

City of Lemoore Contract Planning Services
Principal Planner/ Lead CEQA/NEPA
City of Lemoore | Lemoore, CA
2013 - Present
Project Description: QK provides contract City Planning, City Engineering, and land survey services to the City and serves as City Planner/City Engineer/City Surveyor.

Projects included Lacey Ranch EIR Review, Lennar Tract 935 Mitigated Negative Declaration (MND), Lennar Tract 848 MND, People’s Annexation MND, Cannabis Cultivation MND, Helena Chemical MND and Biological Analysis, and Stone Ranch Pipeline CEQA/NEPA Compliance.

City of Bakersfield Water Resources Department On-Call Environmental Assistance, Regulatory Permitting, and Project Management Project Manager/Principal Planner
City of Bakersfield | Bakersfield, CA
2015 - 2016
Project Description: QK provides on-call environmental, biological, and planning services for the Water Resources Department.

Jaymie Brauer
Principal Planner
Role: CEQA Lead

REFERENCES
City of Chowchilla
Jason Rogers, Director of Public Works
130 S 2nd Street, Chowchilla, CA 93610
(559) 665-8615 x 400
City of Lemoore
Kristie Baley, Management Analyst
711 W. Cinnamon Drive, Lemoore, CA
93245
(559) 924-6740
City of Bakersfield
Kristine Budak
Water Resources Director
1000 Buena Vista Rd., Bakersfield, CA
93311
(661) 326-3715

AFFILIATIONS
Association of Environmental
Professionals

RELEVANT EXPERTISE
CEQA/NEPA Compliance
Environmental Planning
Land Use/Permitting
Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 24 Zachary is a highly skilled GIS Technical Consultant who combines his expertise in GIS, programming, and data management with a forward-thinking mindset to provide clients with innovative solutions that optimize operational efficiency and productivity. He is a strategic leader and trusted advisor who partners with clients to lead the design, development, and deployment ofuser-focusedd ERM, CRM, PRM, and GIS applications. He is highly skilled in Python programming language, including ArcPy, ArcGIS API for Python, Pandas, and Django, and Hydrology, Demography, Statistical Analysis, and Business Analysis.

RELEVANT PROJECT EXPERIENCE
City of Coalinga On Call GIS Services
Senior GIS Analyst
City of Coalinga | Coalinga, CA
2022 - 2024
Project Description: Manage and deliver all GIS tasks assigned by city client including managing ArcGIS Online, all city maintained GIS Data, making maps and analyzing GIS data.

City of Lemoore On Call GIS Services
Senior GIS Analyst
City of Lemoore | Lemoore, CA
2022 - 2024
Project Description: Manage and deliver all GIS tasks assigned by city client including managing ArcGIS Online, all city maintained GIS Data, making maps and analyzing GIS data.

City of Selma On Call GIS Services
Senior GIS Analyst
City of Selma | Selma, CA
2022 - 2024
Project Description: Manage and deliver all GIS tasks assigned by city client including managing ArcGIS Online, all city maintained GIS Data, making maps and analyzing GIS data.

Zachary Neumann
Senior GIS Analyst
Role: GIS Analyst

REFERENCES
City of Coalinga
Larry Miller, Public Works & Utilities
Coordinator
155 W. Durian Ave., Coalinga, CA 93210
(559) 935-1533
City of Lemoore
Kristie Baley, Management Analyst
711 W. Cinnamon Drive, Lemoore, CA
93245
(559) 924-6740
City of Selma
Jerome Keene, MAS, AICP
Deputy City Manager
1710 Tucker Street, Selma, CA 93662
(559) 891-2200 ext. 2267

RELEVANT EXPERTISE
Geographic Information Systems (GIS)
ArcMap/ArcGIS
Product Roadmap
UI/UX
Backend and Infrastructure
Cloud Architecture
Software Design & Coding
Bakersfield | Porterville | Hanford | Visalia | Clovis | Merced 25 Irene has over 20 years of experience coordinating, organizing, and planning experience with many organizations on a variety of projects. She worked for the County of Fresno when she was introduced to Public Works and Planning which helped her become familiar with contracts, planning, and approval processes as she worked closely with the Planning Commissioners and the Board of Supervisors.

She enjoys building a rapport with clients and staff to continue a good working relationship.

RELEVANT PROJECT EXPERIENCE
City of Selma On-Call Planning Services
Assistant Project Manager
City of Selma | Selma, CA
2019 - Present
Project Description: QK currently provides contract planning services, including assisting planning staff with land use planning and CEQA compliance, and other duties are requested. Planning tasks include training City staff, review of applications, site plan reviews, writing staff reports and preparation of CEQA documents. Biological services include reconnaissance and protocol surveys in support of proposed development projects, as well as coordination with wildlife agencies.

Vinland Park Futsal and Pickleball Courts
Assistant Project Manager
City of Fresno | Fresno, CA
2023 - Present
Project Description: This project includes four new Pickleball Courts and one Futsal Court at Vinland Park. Design features for the park include lighted courts with fencing, ADA paths of travel, and amenities such as drinking fountains, benches, and landscaping.

Terry Bradley Education Center Off-Site Water & Sewer Facilities Design Assistant Project Manager
Clovis Unified School District | Clovis, CA
2022 - Present
Project Description: QK will utilize the boundary and topographic survey to prepare civil improvement plans for construction of a new educational center. QK will coordinate on approved site plan for civil design for both phases. QK will provide civil plans for Division of State Architect (DSA) milestone submittals and revise the plans to address DSA review comments. Water and sewer treatment facilities are generally considered to be specialized, involving complex systems and multiple consultants, including hydrogeology, electrical engineering, structural engineering, drilling, and other specialized support services. QK provides lead project management and coordination, design, and construction support services.

Irene Moreno
Assistant Project Manager
Role: Assistant Project Manager

REFERENCES
City of Selma
Jerome Keene, MAS, AICP
Deputy City Manager
1710 Tucker Street, Selma, CA 93662
(559) 891-2200 ext. 2267
City of Fresno
Harlavpreet Brar, Licensed
Professional Engineer, Capital Projects
Department
2600 Fresno Street, Room 4016,
Fresno, CA 93721
(559) 621-8650
Clovis Unified School District
Denver Stairs, Assistant
Superintendent of Facilities Services
1450 Herndon Ave, Clovis, CA 93611
(559) 327-9265

AFFILIATIONS
Member, Clovis Chamber of
Commerce
President, Soroptimist International of
Clovis
Member, Soroptimist
Sierra Pacific Region Board Secretary,
Soroptimist International of the
America’s
(800) 955-7599 | QKinc.com 26
G. Other Information Requested
Litigation, Mediation, or Arbitration
QK has filed a claim against a subconsultant for designs errors on a Project Design for a Client. A trial date is currently scheduled in Kern County Case No. BCV-22-102417.

The subconsultant was the primary process designer and QK was the site engineer. Since QK was the prime, accordingly, the Client filed the claim against QK. QK has satisfied the claim to Client, the Client has released QK and assigned Client’s right to pursue the subconsultant. QK is pursuing subconsultant to reimburse that claim.

Current Business Relationships with the City of Chowchilla As demonstrated throughout this document, QK considers our relationship with the City to be strong.

Since 2016, Senior Planner Annalisa Perea, AICP has served as the City of Chowchilla’s contract City Planner. As City Planner, Annalisa serves as an extension of City staff and provides technical planning services to the City Planning Commission and City Council. Her essential ongoing duties and responsibilities include approximately 20 hours per week of front counter planning staff representation for the City’s Community Development Department. Additional tasks include:
• On-site public assistance at the Planning Counter
• Review of CEQA documents
• Processing of CUPs, Tentative Subdivision Maps, and Site Plan Reviews • Planning research
• Reports and updates to City Manager
Since 2022, QK has served as Contract City Engineer for the City of Chowchilla. Merced Branch Manager Spencer Supinger, PE has provided engineering services to the City for various municipal projects, including the award-winning Chowchilla Corporation Yard New Well, Tanks, Booster Pump Stations, and Pressure Sustaining Valves Project. Senior Land Surveyor Antonio Westerlund, PLS, CFedS serves as contract City Surveyor.

Additionally, members of the QK team have assisted Annalisa, Spencer, and Antonio with providing consultant services to the City as needed for various projects. Because of these current business relationships – there is no firm better positioned to help the City with projects under this on-call agreement.

QK is not aware of any personal relationships with any current City elected official, appointed official, City employee , or family member of any current City elected official, appointed official, or City employee.

Disciplinary Claims and Bankruptcy
QK has not filed for bankruptcy under any business name in the past five (5) years. QK has not had any claims or disciplinary actions taken against its company or an of QK’s key personnel with the past five (5) years. (800) 955-7599 | QKinc.com
MERCED
(209) 7230-2066
2816 Park Avenue
Merced, California 95348

BAKERSFIELD
(661) 616-2600
5080 California Avenue, Suite 220
Bakersfield, California 93309

PORTERVILLE
(559) 781-2700
150 West Morton Avenue
Porterville, California 93257
CLOVIS
(559) 449-2400
601 Pollasky Avenue, Suite 301
Clovis, California 93612

VISALIA - HEADQUARTERS
(559) 733-0440
901 East Main Street
Visalia, California 93292

HANFORD
(559) 582-1056
609 North Irwin Street
Hanford, California 93230
Engineering | Land Surveying | Planning | Environmental | Landscape Architecture | Construction Management QK will continue to provide a 10% discount on work charged to the City’s general fund, as we have been doing since we started our planning services in Chowchilla in 2016.  So for example, a Senior Planner would be billed at $162 / hour as indicated below.

Project Administrator $90.00 / hour $100 / hour
Assistant CADD Technician / Assistant CADD Designer / GIS Technician $90.00 / hour $100 / hour Associate CADD Technician / Associate CADD Designer / Associate GIS Analyst $103.50 / hour $115 / hour Senior Associate CADD Technician/ Senior Associate CADD Designer / Senior Associate GIS Analyst $112.50 / hour $125 / hour Senior CADD Technician / Senior CADD Designer / Senior GIS Analyst $139.50 / hour $155 / hour Landscape Architect Technician $103.50 / hour $115 / hour Assistant Engineer $112.50 / hour $125 / hour
Associate Engineer $139.50 / hour $155 / hour
Senior Associate Engineer $162.00 / hour $180 / hour
Project Engineer $184.50 / hour $205 / hour
Senior Engineer / City Engineer / District Engineer $211.50 / hour $235 / hour Senior Air Quality Engineer $247.50 / hour $275 / hour
Principal Engineer $247.50 / hour $275 / hour
Assistant Environmental Scientist $90.00 / hour $100 / hour Assistant Planner $99.00 / hour $110 / hour
Associate Planner / Associate Environmental Scientist $112.50 / hour $125 / hour Senior Associate Environmental Scientist $130.50 / hour $145 / hour Senior Associate Planner $135.00 / hour $150 / hour
Senior Environmental Scientist $166.50 / hour $185 / hour Senior Planner / Senior Landscape Architect $162.00 / hour $180 / hour Principal Planner / Principal Environmental Scientist $189.00 / hour $210 / hour Senior Principal Planner / Senior Principal Environmental Scientist $202.50 / hour $225 / hour Field Construction Observer $121.50 / hour $135 / hour
Senior Field Construction Observer $144.00 / hour $160 / hour Assistant Construction Manager / Assistant Project Manager $112.50 / hour $125 / hour Associate Project Manager $125.10 / hour $139 / hour
Associate Construction Manager / Associate Field Construction Observer $135.00 / hour $150 / hour Project Manager $135.00 / hour $150 / hour
Senior Associate Construction Manager / Senior Associate Project Manager $148.50 / hour $165 / hour Senior Project Manager $175.50 / hour $195 / hour
Senior Construction Manager $175.50 / hour $195 / hour
Principal Construction Manager / Principal Project Manager $202.50 / hour $225 / hour Assistant Surveyor $108.00 / hour $120 / hour
Associate Surveyor $120.60 / hour $134 / hour
Senior Associate Surveyor $147.60 / hour $164 / hour
Project Surveyor $166.50 / hour $185 / hour
Senior Surveyor $184.50 / hour $205 / hour
One-Person Survey Crew $162.00 / hour $180 / hour
Two-Person Survey Crew $247.50 / hour $275 / hour
Three-Person Survey Crew $337.50 / hour $375 / hour
UAV Pilot $175.50 / hour $195 / hour
UAV Flight Observer $144.00 / hour $160 / hour
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit.

Rates are effective through December 31, 2024. If contract assignment extends beyond that date, a new rate schedule may be added to the contract.

Expert Witness/ Litigation support will be billed as quoted.

Rates based on “Prevailing Wage” (PW) for Construction Surveying will be determined by project and County per California law. 6/6/2024 2024 CHARGE RATE SCHEDULE
Regular
Hourly Rate
Hourly Rate
w/City Discount
(10%)

EXPENSES

TECHNICAL SERVICES

PROFESSIONAL SERVICES
Engineering
Planning / Environmental / Landscape Architecture
Construction and Project Management
Surveying
Plotting, Printing and Reproduction, Equipment Rental, Postage and Shipping Transportation and per diem (QK will provide documented evidence of business travel, travel outside of work areas shall be pre-approved by Client) Mileage
Other Expenses – Including Subconsultants & Purchased Services through Subcontracts

1.15 x Cost

1.15 x Cost

1.15 x Cost
$0.77 / mile
Prepared Jan. 2022 and modified July 2024 11

EXHIBIT C

INSURANCE REQUIREMENTS
Prior to commencement of the Work, Consultant shall take out and maintain at its own expense the insurance coverage required by this Exhibit C. Consultant shall cause any subcontractor with whom Consultant contracts for the performance of Work pursuant to this Agreement to take out and maintain equivalent insurance coverage. Said insurance shall be maintained at all times during Consultant’s performance of Work under this Agreement, and for any additional period specified herein. All insurance shall be placed with insurance companies that are licensed and admitted to conduct business in the State of California and are rated at a minimum with an "A:VII" by A.M. Best Company, unless otherwise acceptable to the City. a. Minimum Limits of Insurance. Consultant shall maintain the following types of insurance with limits no less than specified:
(i) Professional Liability Insurance (Errors and Omissions) in an amount not less than $2,000,000.00 per occurrence or claim, $2,000,000 aggregate. Said insurance shall be maintained at all times during Consultant's performance of Services under this Agreement, and for a period of five years following completion of Consultant's Services under this Agreement or termination of this Agreement. (ii) General Liability Insurance (including operations, products and completed operations coverages) in an amount not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

(iii) Worker's Compensation Insurance as required by the State of California. (iv) Business Automobile Liability Insurance in an amount not less than $1,000,000 per accident for bodily injury and property damage.
(v) Umbrella or Excess Liability. In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the City, its officers, officials, employees, agents and volunteers.

If Consultant maintains higher limits than the minimums shown above, the City shall be entitled to coverage at the higher limits maintained.
b. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions:
(i) The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to the insurance coverage required by this Agreement. Said additional insureds shall be identified as such on an endorsement(s) to the Consultant’s insurance. (ii) For any claims related to the Work performed pursuant to this Agreement, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Prepared Jan. 2022 and modified July 2024 12
(iii) Each insurance policy required by this section shall be endorsed to state that the City shall receive written notice at least thirty (30) days prior to the cancellation, non-renewal, or material modification of the coverages required herein.
(iv) Consultant grants to the City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(v) Any deductibles or self-insured retentions must be declared to and approved by the City of Chowchilla. The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
c. Evidence of Coverage. Consultant shall deliver to City written evidence of the above insurance coverages, including the required endorsements prior to commencing Work under this Agreement; and the production of such written evidence shall be an express condition precedent, notwithstanding anything to the contrary in this Agreement, to Consultant’s right to be paid any compensation under this Agreement.

City's failure, at any time, to object to Consultant’s failure to provide the specified insurance or written evidence thereof (either as to the type or amount of such insurance), shall not be deemed a waiver of City's right to insist upon such insurance later.
d. Maintenance of Insurance. If Consultant fails to furnish and maintain the insurance required by this section, City may (but is not required to) purchase such insurance on behalf of Consultant, and the Consultant shall pay the cost thereof to City upon demand, and City shall furnish Consultant with any information needed to obtain such insurance. Moreover, at its discretion, City may pay for such insurance with funds otherwise due Consultant under this Agreement.
e. Subcontractors. If the Consultant should subcontract all or any portion of the work to be performed in this Agreement, the Consultant shall cover the subcontractor, and/or require each subcontractor to adhere to all the requirements contained herein. Similarly, any cancellation, lapse, reduction or change of subcontractor’s insurance shall have the same impact as described above. f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
g. Indemnity and Defense. Except as otherwise expressly provided, the insurance requirements in this section shall not in any way limit, in either scope or amount, the indemnity and defense obligations separately owed by Consultant to City under this Agreement.

2. REPORT TO THE CITY COUNCIL
Item 6.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 23, 2024
AGENDA SECTION: New Business
SUBJECT: Resolution of Intention to Levy and Collect the Annual Assessment for Landscape Maintenance and Lighting District No. 90-1
PREPARED BY: Spencer Supinger, Contract City Engineer
ATTACHMENTS: Resolution

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

That the City Council adopt a resolution of intention to levy and collect the annual assessment for Landscape Maintenance and Lighting District No. 90-1 and set the date for the required public hearing for August 6, 2024.

BACKGROUND:

The Landscape Maintenance and Lighting District (LLD) No. 90-1 generates revenue for the maintenance of public landscaping and also pays for street lighting costs for areas within the LLD. All new developments are annexed into the LLD and charged an annual assessment that is collected with property taxes. There were no annexations into the LLD last year. There are currently 26 Benefit Zones within the LLD, as follows:

Zone 1 Robertson Village 1, 2, & 3 Landscaping, Streetlights, Palm Parkway Zone 2 Dubose Sanders, PM 86-13 Streetlights, Carlyle, Montgomery, etc.

Zone 3 Rosehill, Tract 91-02 Streetlights, Calaveras, Penny, etc.

Zone 4 Parkridge Estates II, Tract 90-
25 Streetlights, Cedar, Oak, Elm
Zone 5 Chowchilla Gardens
Apartments
Streetlights, Kites Way, Myer Drive
Zone 6 Washington Square
Apartments
Streetlights, Washington, Kites Way
Zone 7 Meadow Lark, Tract 97-25 Streetlights, Pistachio, Elm, Birch Zone 8 Palm Estates, Tract 99-12 Landscaping, Streetlights, Palm Parkway Zone 9 Cornerstone Church Landscaping, Streetlights, Robertson, Fig Tree Zone 10 Pheasant Run Landscaping, Streetlights, Waterfall, Robertson, Clubhouse, S. Fig Drive
Zone 11 Tract 90-22, Ph. I & II, Shasta
Village Apartments
Landscaping Santa Cruz Blvd, Streetlights
Washington, Kites Way, Molly, etc.

Zone 12 Tract 90-22, Ph. III-VI Landscaping Santa Cruz Blvd, Washington, Streetlights Santa Cruz, Elm, Rose, etc.

Zone 13 Valley Grove Estates, Tract 03-
11, Ph. I-IV
Landscaping Santa Cruz, Streetlights, Santa
Cruz, Howell, Peach, Plum, Cherry, etc.

Zone 14 Valley Grove Estates, Tract 03-
11 & 04-06, Ph. V & VI
Landscaping Santa Cruz, Streetlights,
Cottonwood, Peach, Willow, Almond, Parkridge
Zone 15 Valley Grove Estates, Tract 04-
30, Phase VII
Landscaping Santa Cruz, Streetlights, Camellia,
Chestnut, Blossom, etc.

Zone 16 Olivero Ranch, Tract 04-11 Landscaping and Streetlights Washington Zone 17 The Village at Chowchilla
Apartments
Landscaping Kites Way, Streetlights, Kites, Myer
Zone 18 Parcel 1 of PM 04-49 Landscaping Palm Parkway incomplete:

Assessment deferred
Zone 19 Montgomery Farms, Tract 05-
07 Landscaping SR 99, Robertson, Streetlights, S.

Fig, Genoa, Montgomery
Zone 20 Heritage Center, PM 05-62 Landscaping Robertson Blvd, Streetlights, Robertson, Front, Kings
Zone 21 Silva Ford, Tract 05-19 Landscaping SR99, Streetlights, Prosperity Zone 22 Woodcrest, Tract 05-56 Not Completed; Assessment deferred Zone 23 Legacy Ranch, Tract 05-29 Not Completed: Assessment deferred Zone 24 Redwood Apartments Not Completed; Assessment deferred Zone 25 AutoZone Streetlights, Robertson
Zone 26 Rite-Aid Landscaping, Streetlights, Robertson
REASON FOR RECOMMENDATION:

This is the second of three actions by City Council required by the California Streets and Highways Code for the levy of the annual assessments for the LLD. Council previously initiated proceedings for the annual levy of assessments, at the July 9, 2024 Council Meeting, and directed the City Engineer to prepare the required Engineer’s Report. The City Engineer has prepared a preliminary report labeled Engineer’s Report of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1, dated June 2024, and filed the report with the City Clerk. The report includes descriptions of the improvements maintained, boundaries of the district and benefit zones, and proposed assessments per parcel. The final report will be submitted for approval at the time of the public hearing. The final step in the process is for City Council to conduct the required public hearing, receive any testimony, and confirm the annual assessments. The assessment roll is then submitted to the County Assessor for inclusion on the property owner’s tax bill.

FISCAL IMPACT:

The annual assessments from the LLD are used for maintenance of public landscaping and street lighting.

The estimated total assessment for this year is $313,734.78. The maintenance costs and assessments for each benefit zone and parcel are provided in the Engineer’s Report on file with the City Clerk.

ALTERNATIVES:

Not to levy and collect the annual assessments for the LLD, resulting in the loss of a significant funding source for maintenance of public landscaping and street lighting.

ACTIONS FOLLOWING APPROVAL:

The Notice for the required Public Hearing will be published in a newspaper of general circulation within the City, a minimum of ten (10) days prior to the date set for the Public Hearing.

COUNCIL RESOLUTION # XX-24

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

OF INTENTION TO LEVY AND COLLECT THE ANNUAL ASSESSMENT FOR LANDSCAPE MAINTENANCE AND LIGHTING DISTRICT NO. 90-1 OF THE CITY OF CHOWCHILLA WHEREAS, the CITY OF CHOWCHILLA (City) is a Municipal Corporation which provides services and facilities to the citizens of the community; and
WHEREAS, pursuant to Part 2 of Division 15 of the California Streets and Highways Code, the Landscaping and Lighting Act of 1972 (herein “Act”), the City Council of the City of Chowchilla did adopt its Resolution Initiating Proceedings for, Resolution of Intention to Levy and Collect the Annual Assessment for, and Authorize the Formation of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1 (herein “LLD No. 90-1”); and
WHEREAS, proceedings for the annual assessment for LLD No. 90-1 for the fiscal year 2023-2024 were initiated by the City Council on July 9, 2024.

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

1. It is the intention of the City Council to levy and collect the assessment for LLD No. 90-1 of the City of Chowchilla for fiscal year 2024-2025, under the provisions of the Act.

2. LLD No. 90-1 is comprised of twenty-six (26) zones of benefit located throughout the City as shown on the map attached hereto as Exhibit “A,” which is the real property benefitted and to be assessed for the maintenance and operation of the landscaping and lighting facilities of LLD No. 90-1.

3. The City Engineer has prepared and filed with the City Clerk of the City of Chowchilla a preliminary report entitled Engineer’s Report of the City of Chowchilla Landscape Maintenance and Lighting District No. 90-1, to which reference is hereby made for full and detailed description of the existing improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within LLD No. 90-1.

4. Assessments in LLD No. 90-1 are equal to the prior year assessments, first time assessments, or assessments increased by a previously approved assessment formula.

5. A copy of this resolution shall be published by the City Clerk once prior to the public hearing in a newspaper of general circulation within the City of Chowchilla, at least ten (10) days prior to the date set for the public hearing.

6. Notice is hereby given that the 6th day of August, 2024, at the hour of 4:00 p.m., or soon thereafter, in the City Council Chambers, 130 S. Second Street, Chowchilla, is hereby fixed as the time and place when all interested persons shall be heard on the question of the levy and collection of the proposed assessments. Written protests may be filed with the City Clerk at any time prior to the conclusion of the hearing. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by the protesting person or persons. The Engineer’s Report is on file in the office of the City Clerk.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 23rd day of July, 2024 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
EXHIBIT “A”

REPORT TO THE CITY COUNCIL
Item 6.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: July 23, 2024
AGENDA SECTION: New Business
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE TO REENACT AND

IMPOSE THE EXISTING SPECIAL PUBLIC SAFETY TAX (MEASURE N) FOR SUBMISSION TO VOTERS AT THE NOVEMBER 5, 2024, GENERAL

ELECTION
PREPARED BY: Mary Lerner, City Attorney
ATTACHMENTS: Ordinance

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

That the City Council introduce an Ordinance, which if approved by voters at the November 5, 2024, general election, will reenact and impose Measure N, a special public safety sales tax.

BACKGROUND:

Over the past several months, the City has engaged with numerous residents through an independently commissioned community survey and The Chowchilla Community Safety Chat to gather input on local public safety services, needs, and priorities. The recent Chowchilla community survey indicated that residents wish to maintain the City’s 911, fire, and emergency response times. Residents identified the following public safety priorities:
• Preventing and investigating violent crimes
• Maintaining 911 fire and medical emergency response times • Providing training for volunteer firefighters
• Preventing cuts to essential fire protection equipment, including fire engines • Preventing the loss of Chowchilla police officers
• Maintaining the safety of neighborhood parks and recreation areas Measure N, the City’s current Public Safety Measure will expire unless reenacted/reauthorized. If Measure N is allowed to expire, the City will lose $2.5 million of annual funding that is currently utilized for the prevention and investigation of violent crimes, maintenance of 911 emergency medical response, and training for volunteer firefighters. Reauthorization of Measure N will assist the Chowchilla Fire Department in continuing its efforts toward a goal of hiring full-time firefighters, a critical element in maintaining public safety within the City.

All revenue generated by Measure N is required to be utilized exclusively in Chowchilla and specifically for local police and fire needs; it cannot be allocated for any other purpose. It is essential to note that reauthorization of Measure N funding will not increase Chowchilla’s tax rates but merely continue the existing one-percent (1%) public safety sales tax, initially approved by 73% of local voters in 2018.

Over the past 15 years, the State of California has redirected significant local funding from Chowchilla and imposed costly regulations. For this reason, it is vitally important for the City to reauthorize Measure N’s locally controlled funds; funds that cannot be appropriated by the State.

In addition to ensuring funding for fire response and training, reauthorization of this measure will allow the City to continue ensuring that law enforcement investigations, responses and operations are maintained at their current levels, ensuring crimes are investigated and prosecuted.

The City adheres to strict fiscal accountability measures, and Measure N includes rigorous accountability provisions, such as independent citizens’ oversight of spending, public spending reports, and annual independent financial audits to ensure all voter-approved funds are used solely for the public safety needs of City residents.

REASON FOR RECOMMENDATION:

Reauthorizing Measure N will maintain funding for preventing and investigating violent crimes, maintaining 911 emergency police, fire, and medical response, training for volunteer firefighters, preventing cuts to fire protection equipment, including fire engines, and maintaining safe parks.

FISCAL IMPACT:

Reauthorization of Measure N will sustain the current level of funding, approximately $2.5 million annually, without increasing the existing tax rate.

ALTERNATIVES:

N/A
ACTIONS FOLLOWING APPROVAL:

Following introduction, the ordinance will be submitted to the Madera County Elections Office and if approved by voters on November 5, 2024, will have a second reading and adoption.

DRAFT
ORDINANCE NO. ______-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHOWCHILLA, IN THE COUNTY OF MADERA, CALIFORNIA
AMENDING CHAPTER 3.13 TO THE CHOWCHILLA MUNICIPAL

CODE REENACTING AND IMPOSING THE EXISTING PUBLIC

SAFETY TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY

THE STATE DEPARTMENT OF TAX AND FEE ADMINISTRATION
WHEREAS, Pursuant to its right, power and authority under the laws of the State of California and the Municipal Code of the City of Chowchilla, the City Council of the City of Chowchilla approved a Public Safety Transactions and Use Tax, which was approved by a 2/3 majority of voters at the November 6, 2018 election (“Measure N”) to prevent the loss of public safety services; and
WHEREAS, Measure N established a special tax as defined under Article XIIIC of the Constitution of the State of California, imposing an additional Transaction and Use Tax to be collected by the Department of Tax and Fee Administration at a rate of 1.0%; and WHEREAS, Measure N allowed the City to maintain public safety services, gang prevention, youth services, violent crime prevention, property crime prevention, drug enforcement and response services and emergency response times; and WHEREAS, unless the voters approve the Measure N Extension Measure, the temporary Public Safety Transactions and Use Tax will sunset on March 31, 2027; and WHEREAS, without continued revenue generated by the Measure N Extension Measure the City cannot maintain current levels of public safety, gang prevention, youth services, violent crime prevention, property crime prevention, drug enforcement and response services; and WHEREAS, the Measure N Extension Measure would ensure fiscal accountability through a Citizen’s Oversight Committee and annual independent audits; and WHEREAS, at a meeting on June 25, 2024, the City Council determined to place a measure before the voters at the November 5, 2024 general election for the extension of the special transactions and use tax (Measure N).

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

Ordinance No. _____

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

SECTION 2. Chapter 3.13, entitled “Public Safety Transactions and Use Tax” is amended to reference both the transactions and use tax adopted in 2018 pursuant to Measure N and the extension of that transactions and use tax approved by the City Council in 2024 for consideration by the voters on November 5, 2024 to read as follows:

Chapter 3.13
Public Safety Transactions and Use Tax

3.13.010 Title

3.13.020 Definitions

3.13.030 Operative Date

3.13.040 Purpose

3.13.050 Transactions Tax Rate

3.13.060 Place Of Sale

3.13.070 Use Tax Rate

3.13.080 Adoption of Provisions of State Law

3.13.090 Limitations on Adoption of State Law and Collection of Use Taxes

3.13.100 Permit Not Required

3.13.110 Exemptions and Exclusions

3.13.120 Permissible Uses, Citizen Oversight Committee

3.13.130 Amendments

3.13.140 Enjoining Collection Forbidden

3.13.150 Severability

3.13.160 Contract With State

3.13.010 Title. This chapter shall be known as the City of Chowchilla “Public Safety Transactions and Use Tax.” The provisions of this chapter shall be applicable throughout the entire incorporated area of the City of Chowchilla.

3.13.020 Definitions. As used in this chapter, “City” means the City of Chowchilla. “Tax” means the transactions and use taxes imposed under the provisions of this chapter. “Tax Revenue” and “Tax Revenues” mean all proceeds of the tax received by the City from the California State Department of Tax and Fee Administration pursuant to this chapter. “California State Department of Tax and Fee Administration” means the Department of Tax and Fee Administration or any other subdivision of the government of the State of California that is responsible for administering California's state, local, and district sales and use tax programs.

3.13.030 Operative Date. As to Ordinance 493-18 adopted by the Chowchilla voters on November 6, 2018, “Operative Date” means the first day of the first Ordinance No. _____

calendar quarter commencing more than 110 days after the ordinance was effective, which was December 11, 2018. .

As to the extension of the transactions and use tax pursuant to Ordinance ____-24 approved by the Chowchilla voters on November 5, 2024, the “Operative Date” is April 1, 2027.

3.13.040 Purpose. The purpose of this Chapter is to continue the transactions and use tax, which was initially enacted pursuant to Ordinance 493-18 and approved by the electorate on November 6, 2018, at the rates set forth below until repealed by the voters as follows:

A) To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code; and Section 7285.91 of Part 1.7 of Division 2 of the Revenue and Taxation Code which authorize the City of Chowchilla to adopt this tax ordinance, that shall be effective following a 2/3 majority of the duly authorized voters of the City of Chowchilla vote to approve a measure calling for the imposition of the tax at an election called for that purpose.

B) To adopt a retail transactions and use tax ordinance that incorporates the provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations of Part 1.6, Division 2 of the Revenue and Taxation Code.

C) To adopt a retail transactions and use tax ordinance that imposes a 1% tax and providing a measure therefor that can be administered and collected by the State Department of Tax and Fee Administration in a manner that adapts itself fully as practicable to, and requires the least deviation from existing statutory and administrative procedures followed by the State Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D) To adopt a retail transaction and use tax ordinance that can be administered in a manner consistent, to the greatest degree possible, with the provisions of Part 1.6 Division 2 of the Revenue and Taxation Code; minimizing the costs associated with collection of the transactions and use taxes, and simultaneously minimizing the recordkeeping burdens of persons subject to taxation under the provisions of this ordinance.

3.13.050 Transactions Tax Rate. Commencing on the Operative Date, pursuant to Measure N approved by the voters in 2018, for the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1.0%) of the gross receipts of any retailer from the sale of all tangible personal Ordinance No. _____

property sold at retail in said territory on and after the Operative Date.

Pursuant to the ballot measure approved by the voters on November 5, 2024, as of April 1, 2027, such tax shall continue to be imposed at a rate of one percent (1.0%) until repealed by voters.

3.13.060 Place Of Sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-ofstate destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined by the rules and regulations prescribed and adopted by the California State Department of Tax and Fee Administration.

3.13.070 Use Tax Rate. Commencing on the Operative Date, pursuant to Measure N approved by the voters in 2018, an excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the Operative Date of this ordinance for storage, use or other consumption within the territory of the City at the rate of one percent (1.0%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to State sales or use taxes regardless of the place to which delivery is made.

Pursuant to the ballot measure approved by the voters on November 5, 2024, as of April 1, 2027, such tax shall continue to be imposed at a rate of one percent (1.0%) until repealed by voters.

3.13.080 Adoption of Provisions of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as if fully set forth herein.

3.13.090 Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 Division 2 of the Revenue and Taxation Code:

A) Wherever the State of California is named or referred to as the taxing agency, the name of the City shall be substituted therefore. However, the substitution shall not be made when:
1) The word “State is used as part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Ordinance No. _____

Equalization, Department of Tax and Fee Administration, State Treasury, or the Constitution of the State of California. 2) The result that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance.
3) In those sections, including but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a) Provide an exemption from this tax with respect to
certain sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under said
provision of that Code.
4) In Sections 6701, 6702 (except the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B) The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition for that phrase in Section 6203.

3.13.100 Permit Not Required. If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance.

3.13.110 Exemptions and Exclusions.

A) There shall be excluded from the measure of the transactions tax and the use tax, the amount of any sales tax or use tax imposed by the State of California or by any City, City and County or County pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any State-administered transactions or use tax.

B) There are exempted from the computation of the amount of transactions tax the gross receipts from:

Ordinance No. _____

1) Sales of tangible personal property, other than fuel or petroleum products to operators of aircraft to be used or consumed principally outside the County in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States or any foreign government.
2) Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point.

For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the California Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and,
b) With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed in the lease prior to the operative date of this ordinance.
5) For the purposes of subparagraphs 3) and 4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

Ordinance No. _____

C) There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1) The gross receipts from the sale of which have been subject to a transactions tax under any State-administered transactions and use tax ordinance.
2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States or any foreign government. This exemption is in addition to the exemptions provided for in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5) For the purposes of subparagraphs 3) and 4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6) Except as provided in subparagraph 7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

Ordinance No. _____

7) “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel or aircraft at an address in the City.

D) Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part

1.6 Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property, the storage, use, or other consumption of which is subject to the use tax.

3.13.120 Permissible Uses, Citizen Oversight Committee.

A) Revenues received by the City from the Public Safety Transactions and Use Tax may only be used to provide support for public safety purposes.

Funding with tax revenues of all other uses and purposes, except as provided in this section is prohibited.

Permissible uses include, but are not limited to the following:
1) Police
a) Police patrol services;
b) Police traffic control services;
c) Drug and Gang enforcement and prevention services,
school resource services, youth outreach, crime prevention and investigations services, and anti-gang and anti-drug mitigation programs;
d) Comprehensive programs that mitigate against
methamphetamine use, eliminate methamphetamine labs
and reducing methamphetamine use for youths
d) Police support services, including but not limited to:
recruitment of new and retention of existing civilian staff, facilities, vehicles, equipment, supplies and the financing thereof;
e) Competitive salary, retention and benefit compensation for police personnel;
f) Funding new police department personnel
g) Construction of police facilities and relocation
(including but not limited to land acquisition, facilities Ordinance No. _____

design and engineering, construction and funding for the use of temporary facilities, and the financing thereof. 2) Fire
a) Construction of fire facilities and relocation (including but not limited to land acquisition, facilities design and engineering, construction and funding for the use of
temporary facilities, and the financing thereof.
b) Fire Department support services, including but not
limited to: recruitment of new and retention of existing staff, facilities, vehicles, equipment, supplies and the financing thereof;
c) Purchase of specialized equipment for Fire Department; d) Competitive salary, retention and benefit compensation for Fire personnel;
e) Maintaining 9-1-1 fire and medical emergency response times;
f) ensuring that all fire stations are fully staffed
g) Supporting comprehensive fire prevention programs
h) funding new fire personnel
B) The tax revenues received by the City shall be reviewed and allocated on a percentage basis annually following the recommendation of the Citizen’s Oversight Committee and approval of the City Council and shall thereafter be expended for purposes as specified in Subsection A) 1) and subsection A) 2) of this section.

C) Funding may not be below the actual revenues received from the tax, and tax revenues shall not be used to replace or supplant expenditures or programs that are funded by the City’s General Fund unless the City Council finds that preservation of public safety requires the expenditure and there is no other feasible alternative for funding the expenditure. The City shall continue to fund public safety (Police and Fire), from the City’s General Fund at the same dollar value as existed in fiscal year 2018-2019 for each year that the Public Safety Transaction and Use Tax is in effect, provided that revenue estimates continue at the 2018-2019 level, in which case funds from the tax could be used to maintain existing service levels.

D) The City Council, by resolution, shall establish a five-member Citizen’s Oversight Committee to annually review expenditures and appropriations of the tax revenues to ensure that all such revenues are spent or appropriated for the purposes and uses set forth in paragraphs A) and C), in accordance with the allocation percentages set forth in paragraph B). The Citizens Oversight Committee shall also be authorized to make recommendations to the City Council regarding the allocation percentages set forth in paragraph B). Each member of the Council shall Ordinance No. _____

appoint one member of the Committee who shall have a term coinciding with the term of the appointing Council Member. Each Committee member shall be a resident of the City at the time of appointment and shall remain a resident of the City while serving on the Committee. The Mayor shall appoint the chairperson of the Committee subject to the approval of the majority of the Council. The Committee shall receive the assistance of City staff and shall issue an annual public report on the expenditures and appropriations of the tax revenues. The Committee shall undertake such additional duties as the City Council may designate.

3.13.130 Amendments.

All amendments subsequent to the effective date of this ordinance to part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Pal1 1.7 of division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter.

3.13.140 Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code; of any tax or any amount of tax required to be collected.

3.13.150 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

3.13.160 Contract With State.

Prior to the operative date, the City shall contract with the State Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided that, if the City shall not have contracted with the State Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following execution of such a contract.

3.13.170 Termination Date.

Ordinance No. _____

The authority to levy the tax imposed by this Chapter, at the rates set forth in Sections 3.13.050 and 3.13.070 shall not expire until repealed by voters.

SECTION 3. This ordinance shall become effective following approval of Measure N. (“Measure N Extension Measure”) by at least 2/3 of the voters of the City voting thereon in the November 2018 General Election and no sooner than thirty (30) days following adoption by the majority vote of the City Council of the City of Chowchilla.

PASSED, APPROVED, and ADOPTED this _____ day of _________________, 2018 ________________________________
Kelly Smith, Mayor
________________________________
Joann McClendon, City Clerk
APPROVED AS TO FORM:
________________________________
Mary Lerner, City Attorney
Ordinance No. _____

I, Joann McClendon, City Clerk of the City of Chowchilla, California, do hereby certify that the foregoing Ordinance number ______ was duly introduced for first reading on July 23, 2024 and regularly adopted at a regular meeting of the City Council of the City of Chowchilla onAugust 13, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Chowchilla on this ____ day of ________________, 2024.
________________________________
Joann McClendon, City Clerk
SEAL