AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. 2nd Street, Chowchilla, CA 93610
Tuesday, December 10, 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 (D4), John Chavez (D3), 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
1.1 League of California Cities Torch Program Recognition
1.2 American Public Works Association CenCal Award Presentation
1.3 Annual Mayor’s Awards
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 December 10, 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 November 12, 2024 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the October 2024 Financials Report (Williams)
3.3 Consideration and Acceptance of the November 2024 Check Register (Williams)
3.4 Consideration and Adoption of a City Council Resolution Approving the Amendment to the Application for Local Transportation Funds (LTF) for Fiscal Year 2023/2024 and Authorizing the City Administrator or Designee to Execute and Submit the Amendments to MCTC (Williams)
3.5 Consideration and Approval of a Request from the Madera County Mosquito & Vector Control District to Reappoint David Bump as Board Trustee (McClendon)
3.6 Consideration and Adoption of a City Council Resolution Authorizing Extension of the Madera County Abandoned Vehicle Abatement Authority Program (Palmer)
3.7 Consideration and Approval of the 2025 Citywide Calendar (McClendon)
3.8 Consideration of Rejection of Claim FR102400: Marvin Basler Jr. (McClendon) PUBLIC HEARINGS – Section 4
4.1 Consideration and Adoption of an Ordinance 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 (Lerner)
4.2 Consideration and Adoption of a City Council Resolution Approving Tentative Parcel Map and Site Plan Review #23-0002 Along with the Initial Study / Mitigated Negative Declaration / Mitigation Monitoring and Reporting Program (Perea)
4.3 Introduction of an Ordinance Amending Chowchilla Municipal Code Section 9.07 – Food Truck Vendor, and the Accompanied Notice of Exemption (Perea) City Council Meeting AGENDA December 10, 2024
4.4 Introduction of an Ordinance Amending Chowchilla Municipal Code Section 18.56 – Signs and Outdoor Advertising Structures, and the Accompanied Notice of Exemption (Perea)
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Approving a Deferred Improvement Agreement with the Chowchilla Union High School District Regarding the Chowchilla High School Transportation Center and Authorizing the City Administrator to Execute all Related Documents (Pruett)
6.2 Consideration and Adoption of a City Council Resolution Approving the Updates to the Downtown Design Guidelines Along with the Notice of Exemption as Set Forth in the Resolution (Perea)
6.3 Consideration and Adoption of a City Council Resolution Declaring the Results of the General Municipal Election Held on November 5, 2024 (McClendon)
6.4 Oaths of Office – Mayor Kelly Smith, Council Members Ray Barragan and John Chavez (McClendon)
6.5 City Council Reorganization – Election of Mayor Pro Tem (McClendon)
6.6 Consideration of Council Member Appointments Made by the Mayor to Collaborative Agencies (McClendon)
ANNOUNCEMENTS – Section 7
DEC 18 PLANNING COMMISSION MEETING, COUNCIL CHAMBER, 5PM DEC 23-27 CHRISTMAS WEEK, CITY OFFICES CLOSED
JAN 1 NEW YEAR’S DAY HOLIDAY, CITY OFFICES CLOSED
JAN 14 CITY COUNCIL MEETING, COUNCIL CHAMBER, 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 2nd Street, Chowchilla, CA and made available for public review on this 6th day of December, 2024 at or before 4:00pm.
Joann McClendon, CMC, City Clerk
December 10, 2024 City Council Meeting – 4pm
ZOOM LOGIN INSTRUCTIONS
Use the following URL to start Zoom:
https://us06web.zoom.us/j/86233214674?pwd=ha2DnD4amyLzKif5NV1RROtQCQokIg. 1 Passcode: 619 756
To participate by phone:
Dial 1-669-444-9171
Webinar ID: 862 3321 4674
Passcode: 619 756
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. 2nd Street, Chowchilla, CA 93610
Tuesday, November 12, 2024
Closed Session: 3:00 p.m. | Open Session: 4:00 p.m.
CALL TO ORDER/ROLL CALL: 3:18 p.m.
Mayor: Kelly Smith
Mayor Pro Tem: Waseem Ahmed
Council Members: Ray Barragan (absent), John Chavez, Jeff Troost City staff and contract employees present: City Administrator Rod Pruett, City Attorney Crystal Smith, Police Chief Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Deputy Director of Recreation & Community Engagement Stacy Wisener, Finance Director Kerri Williams, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon
CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions: None.
PUBLIC ADDRESS – CLOSED SESSION
No one spoke.
CLOSED SESSION – 3:20 PM
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Administrator
OPEN SESSION – 4:02 PM
CLOSED SESSION REPORT: No reportable action.
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Richard Walker
PRESENTATIONS/WORKSHOP - Section 1
PUBLIC ADDRESS
Someone spoke.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Council Member Troost attended Chowchilla’s Veteran’s Day event at Veterans Park.
City Council Meeting MINUTES November 12, 2024
Mayor Pro Tem Ahmed also attended the Veteran’s Day event and the State of the County luncheon along with the rest of the council.
Mayor Smith attended a Veteran’s Day memorial ceremony.
2.2 STAFF VERBAL REPORTS
Police Chief Palmer went over latest departmental stats recorded since the last meeting. his department is working with Public Works on a traffic sign at Howell. He announced an in-house promotion of Sergeant Kelby Grissom.
Fire Chief Gaumnitz also went over latest departmental stats recorded since last meeting. He attended a Cal Chiefs Conference. the Volunteer Firefighters attended Cornerstone Church’s trick or treat event and he attended Chowchilla’s Veterans Day event at the park.
Public Works Director Rogers attended the Veteran’s Day event in Chowchilla and it was a great event as usual. City staff reseeded the softball fields and soccer fields at Ed Ray Park and the contractor for the Urban Runoff project leveled the Kites Way field and hydroseeded. City staff will be putting up decorations for Christmas this month and have tentatively scheduled putting up the Christmas Tree at Veterans Park the week before Thanksgiving. Last week staff received notification from the American Public Works Association (APWA) Central CA chapter that our Urban Water Runoff (Sonoma) Project was awarded Project of the Year in the environment category. Rod, Mayor Smith, and I will be attending an award ceremony later this week to receive the award.
Deputy Director of Recreation & Community Engagement Wisener reported out on the City’s Halloween event as a huge success; Veterans Day ceremony went well with a huge number of attendees. She also reported that Worden Funeral Chapel donated two heat lamps for the event, unsolicited.
City Clerk McClendon reported that the California High Speed Rail is conducting a workshop at City Hall on Tuesday, November 19 at 5:30 p.m.
City Administrator Pruett is working with Annalisa from QK updating the entire sign ordinance language and the mobile food vendor ordinance to include reference to ice cream trucks, and downtown design guideline revisions. These revisions will go before the Planning Commission first then to the Council for consideration. He also attended the state of the County luncheon.
The Maple Meadows apartments project that is being proposed to be built on Washington just past Defender is moving along quickly due to tax credit deadlines approaching. The project will be completed in 2 phases. The “Loan Oak” project of 200 houses off of Washington is also moving along. They had an issue with existing property fences falling due to excavation for the project. Century Homes was alerted to it and the next day temporary fixes were made.
Eventually, when the homes are being built by those fences, they will be permanently fixed. The League of California Cities Annual Golf Tournament was in Manteca this year and Jason and I attended it. the CUHS Transportation Yard project is moving along, finalizing the agreement.
Pacific Auto is closing its doors, a significant loss of tax revenue to the City.
CONSENT CALENDAR – Section 3
3.1 Approval of the October 22, 2024 City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the October 2024 Check Register (Williams)
3.3 Consideration and Adoption of a City Council Resolution Approving the Granting to Pacific Gas & Electric (PG&E) a Utility Easement Along the Southwest Corner of the Chowchilla Airport (Rogers)
City Council Meeting MINUTES November 12, 2024
Motion by Mayor Pro Tem Ahmed, Seconded by Council Member Troost to Approve the Consent Calendar as Presented. Motion passed with Council Member Barragan absent.
PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Initiating a Text Amendment to Amend the Sign Ordinance and the Mobile Food Vendor Ordinance (Perea) Motion by Council Member Chavez, Seconded by Council Member Troost to Approve City Council Resolution #59-24, Initiating a Text Amendment to Amend the Sign Ordinance and the Mobile Food Vendor Ordinance. Motion passed with Council Member Barragan absent.
6.2 Consideration and Adoption of a City Council Resolution Awarding a Contract to VM Lyles Company for Civic Center and Well 15 Generator Improvements Project in the amount of $1,190,560.00 and Authorizing the City Administrator or Designee to Execute All Related Documents Thereto and Amending the Fiscal Year 2024/25 City Budget (Rogers)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Ahmed to Approve City Council Resolution #60-24, Awarding a Contract to VM Lyles Company for Civic Center and Well 15 Generator Improvements Project in the amount of $1,190,560.00 and Authorizing the City Administrator or Designee to Execute All Related Documents Thereto and Amending the Fiscal Year 2024/25 City Budget. Motion passed with Council Member Barragan absent.
6.3 Consideration and Adoption of a City Council Resolution Awarding a Contract to Cornerstone Structural Engineering Group, Inc. for the Bridge Preventative Maintenance Project in the amount of $37,300.00 and Authorizing the City Administrator or Designee to Execute All Related Documents Thereto (Rogers) Motion by Council Member Troost, Seconded by Mayor Pro Tem Ahmed to Approve City Council Resolution #61-24, Awarding a Contract to Cornerstone Structural Engineering Group, Inc. for the Bridge Preventative Maintenance Project in the amount of $37,300.00 and Authorizing the City Administrator or Designee to Execute All Related Documents Thereto. Motion passed with Council Member Barragan absent.
6.4 Consideration and Adoption of a City Council Resolution Awarding a Contract to Cornerstone Structural Engineering Group, Inc. for the Road 16 Over Berenda Slough Scour Countermeasure Project in the amount of $252,200.00 and Authorizing the City Administrator or Designee to Execute All Related Documents Thereto (Rogers) Motion by Council Member Troost, Seconded by Council Member Chavez to Approve City Council Resolution #62-24, Awarding a Contract to Cornerstone Structural Engineering Group, Inc. for the Road 16 Over Berenda Slough Scour Countermeasure Project in the amount of $252,200.00 and Authorizing the City Administrator or Designee to Execute All Related Documents Thereto.
Motion passed with Council Member Barragan absent.
6.5 Consideration and Adoption of a City Council Resolution Approving Budget Amendments for Purchase Orders Rolled Over From Fiscal Year 2023/2024 to Fiscal Year 2024/2025 (Williams)
City Council Meeting MINUTES November 12, 2024
Motion by Council Member Chavez, Seconded by Mayor Pro Tem Ahmed to Approve City Council Resolution #63-24, Approving Budget Amendments for Purchase Orders Rolled Over From Fiscal Year 2023/2024 to Fiscal Year 2024/2025. Motion passed with Council Member Barragan absent.
6.6 Discussion and Request for Direction Regarding Construction of an Emergency Services Communication Tower at Edward Ray Park (Rogers) It was the consensus of the City Council chose the monopole design.
6.7 Consideration and Adoption of a City Council Resolution Approving the City Administrator or Their Designee to Sign the First Amendment to the Development Agreement for the Rancho Calera Specific Plan (Pruett)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Ahmed to Approve City Council Resolution #64-24, Approving the City Administrator or Their Designee to Sign the First Amendment to the Development Agreement for the Rancho Calera Specific Plan. Motion passed with Council Member Barragan absent.
6.8 Consideration and Adoption of a City Council Resolution Approving a Reimbursement Agreement, Designating Consultants, and Authorizing and Directing Certain Actions Related to the Proposed Formation of a Community Facilities District (Pruett)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Ahmed to Approve City Council Resolution #65-24, Approving a Reimbursement Agreement, Designating Consultants, and Authorizing and Directing Certain Actions Related to the Proposed Formation of a Community Facilities District. Motion passed with Council Member Barragan absent.
ANNOUNCEMENTS – Section 7
NOV 20 PLANNING COMMISSION MEETING, COUNCIL CHAMBER, 5PM NOV 26 CITY COUNCIL MEETING, COUNCIL CHAMBER, 4PM
NOV 28, 29 THANKSGIVING HOLIDAY, CITY OFFICES CLOSED
DEC 7 HOMETOWN LIGHTED CHRISTMAS PARADE, ROBERTSON BLVD, 1ST TO 9TH STREET, 5:30PM TREE LIGHTING CEREMONY, VETERANS MEMORIAL PARK, 6:45PM (FOLLOWING PARADE)
ADJOURNMENT
Mayor Smith adjourned the Novmer 12, 2024 City Council Meeting at 4:55 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: December 10, 2024
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: October 2024 Budget vs Actual and Balance Sheet
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the October 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 66.67%.
If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.
If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them FISCAL IMPACT: Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May, we have yet to receive a distribution. We are teetered which means we do not have to worry about delinquencies, because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and we have yet to receive September’s payment. Sales tax is our 2nd largest revenue.
Police Department- Budgeted revenue is from school reimbursements for SRO service, which we have not received as of October 30, 2024. Also, it has $1.3M Transfer-in from Measure N for the RIMS Software, recruitment and retention of employees, communications upgrade, recording system, and fleet/upfitting costs.
Fire Department- This revenue is for fines/penalties and fire inspection fees which is completed throughout the year.
Community & Economic Development- This will fluctuate as building permits are pulled as of right now we have already received half of what we have budgeted for 24-25. We budgeted for the following projects like Rancho Calera, Solar Permits, 2 commercial facilities and various other projects within the City. So far, we have Self Help building their part of the Montgomery Farms lots. We still have other miscellaneous permits for other items that are happening as well. This also includes $23k of REAP 1.0 Funding.
Parks and Facilities- $31k of this is from a grant that we have not requested reimbursements for as the project is just now finishing up. There is a transfer in of $88k from DIF Fees to cover the Pickleball court.
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
General Services- Budgeted Expenses are more than usual as of right now due to the POB Transfer out.
Community Relations- Budgeted Expenses are more than usual as of right now due to the purchase of Archive Social Subscription.
ALTERNATIVES:
Pull the item for further discussion
ACTIONS FOLLOWING APPROVAL:
None
11/12/2024 8:34:53 AM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2024-2025 Period Ending: 10/31/2024
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity Account Typ…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Dept: 1600 - General Administration
Revenue 10,268,367.00 10,268,367.00 346,668.15 592,698.56 -9,675,668.44 94.23% Expense 292,415.00 292,415.00 25.07 1,244.59 291,170.41 99.57% Dept: 1600 - General Administration Surplus (Deficit): 9,975,952.00 9,975,952.00 346,643.08 591,453.97 -9,384,498.03 94.07% Dept: 1605 - City Council
Revenue 1,775.00 1,775.00 284.40 1,279.80 -495.20 27.90% Expense 104,452.00 106,468.00 2,022.32 15,570.26 90,897.74 85.38% Dept: 1605 - City Council Surplus (Deficit): -102,677.00 -104,693.00 -1,737.92 -14,290.46 90,402.54 86.35% Dept: 1610 - City Clerk
Revenue 0.00 81.78 0.00 81.78 0.00 0.00%
Expense 347,984.00 347,984.00 16,070.41 87,906.09 260,077.91 74.74% Dept: 1610 - City Clerk Surplus (Deficit): -347,984.00 -347,902.22 -16,070.41 -87,824.31 260,077.91 74.76% Dept: 1615 - City Attorney
Expense 300,000.00 336,000.00 38,481.24 128,784.02 207,215.98 61.67% Dept: 1615 - City Attorney Total: 300,000.00 336,000.00 38,481.24 128,784.02 207,215.98 61.67% Dept: 1705 - General Services
Revenue 0.00 217.98 0.00 217.98 0.00 0.00%
Expense 2,068,037.00 2,068,037.00 30,329.25 744,360.33 1,323,676.67 64.01% Dept: 1705 - General Services Surplus (Deficit): -2,068,037.00 -2,067,819.02 -30,329.25 -744,142.35 1,323,676.67 64.01% Dept: 1710 - City Administration
Revenue 0.00 81.78 0.00 81.78 0.00 0.00%
Expense 456,792.00 456,792.00 19,468.27 110,188.21 346,603.79 75.88% Dept: 1710 - City Administration Surplus (Deficit): -456,792.00 -456,710.22 -19,468.27 -110,106.43 346,603.79 75.89% Dept: 1712 - City Property - Rents
Revenue 165,262.00 165,262.00 20,944.64 81,599.99 -83,662.01 50.62% Expense 53,395.00 53,395.00 -26.71 21,101.23 32,293.77 60.48% Dept: 1712 - City Property - Rents Surplus (Deficit): 111,867.00 111,867.00 20,971.35 60,498.76 -51,368.24 45.92% Dept: 1720 - Finance Department
Revenue 19,348.00 19,724.00 887.00 3,538.65 -16,185.35 82.06% Expense 918,252.00 918,252.00 50,507.96 261,635.78 656,616.22 71.51% Dept: 1720 - Finance Department Surplus (Deficit): -898,904.00 -898,528.00 -49,620.96 -258,097.13 640,430.87 71.28% Dept: 2610 - Police Department
Revenue 1,691,430.00 1,695,859.81 279,059.84 304,538.00 -1,391,321.81 82.04% Expense 6,063,553.00 6,095,553.00 235,205.88 1,751,499.72 4,344,053.28 71.27% Dept: 2610 - Police Department Surplus (Deficit): -4,372,123.00 -4,399,693.19 43,853.96 -1,446,961.72 2,952,731.47 67.11% Dept: 2705 - Fire Department
Revenue 5,500.00 5,549.04 0.00 1,118.24 -4,430.80 79.85% Expense 393,380.00 393,380.00 21,490.28 114,682.64 278,697.36 70.85% Dept: 2705 - Fire Department Surplus (Deficit): -387,880.00 -387,830.96 -21,490.28 -113,564.40 274,266.56 70.72% Dept: 4705 - Community & Economic Development
Revenue 590,804.00 591,021.98 145,325.34 307,964.87 -283,057.11 47.89% Expense 1,173,295.00 1,173,295.00 45,829.52 297,467.70 875,827.30 74.65% Dept: 4705 - Community & Economic Development Surplus (Deficit): -582,491.00 -582,273.02 99,495.82 10,497.17 592,770.19 101.80% Dept: 6610 - Community Pool (OLD)
Revenue 1,500.00 1,717.98 0.00 1,610.98 -107.00 6.23%
Expense 25,504.00 25,504.00 3,186.13 11,778.75 13,725.25 53.82% Dept: 6610 - Community Pool (OLD) Surplus (Deficit): -24,004.00 -23,786.02 -3,186.13 -10,167.77 13,618.25 57.25% Budget Report For Fiscal: 2024-2025 Period Ending: 10/31/2024 11/12/2024 8:34:53 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 43,560.00 43,560.00 765.68 4,102.91 39,457.09 90.58% Dept: 6615 - Senior Services Total: 43,560.00 43,560.00 765.68 4,102.91 39,457.09 90.58% Dept: 6620 - Parks & Facilities
Revenue 198,847.00 198,961.36 0.00 854.48 -198,106.88 99.57% Expense 885,598.00 885,598.00 39,562.85 205,005.02 680,592.98 76.85% Dept: 6620 - Parks & Facilities Surplus (Deficit): -686,751.00 -686,636.64 -39,562.85 -204,150.54 482,486.10 70.27% Dept: 6625 - Community Relations
Revenue 22,500.00 30,166.58 840.00 3,034.58 -27,132.00 89.94% Expense 238,224.00 247,739.00 12,614.42 84,514.94 163,224.06 65.89% Dept: 6625 - Community Relations Surplus (Deficit): -215,724.00 -217,572.42 -11,774.42 -81,480.36 136,092.06 62.55% Report Surplus (Deficit): -399,108.00 -465,185.71 278,476.80 -2,541,222.50 -2,076,036.79 -446.28% Budget Report For Fiscal: 2024-2025 Period Ending: 10/31/2024 11/12/2024 8:34:53 AM Page 3 of 3
Fund Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
100 - General Fund -399,108.00 -465,185.71 278,476.80 -2,541,222.50 -2,076,036.79 Report Surplus (Deficit): -399,108.00 -465,185.71 278,476.80 -2,541,222.50 -2,076,036.79 11/12/2024 8:32:52 AM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 10/31/2024
Account Name Balance
Fund: 100 - General Fund
Assets
100-0100-0201 Petty Cash 500.00
100-0100-0202 Pre-Paid Postage Account 890.05
100-0100-0206 Cash Drawer 1,700.00
100-0100-0219 Lease Receivable 135,233.32
100-0100-0221 A/R - Non Governmental -8,434.44
100-0100-0222 A/R - Intergovernmental 153,783.43
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 332,971.03
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 144,976.51 100-0100-0228 Pending Charges or Refunds -1.00
100-0100-0230 Accounts Receivable-Utilities 60.00
100-0100-0291 Prepaid Expenses 15,041.25
100-0100-1900 Claim On Cash 8,866,266.21
Total Assets: 10,052,993.03 10,052,993.03
Liability
100-0200-0422 Bonds for Work-Refundable 500.00
100-0200-0425 Use Sale Tax 3,497.46
100-0200-0480 Deferred Revenue 151,425.73
100-0200-0482 Unavailable Lease Revenue 76,235.22
100-0200-2901 Accounts Payable Pending 33,711.86
Total Liability: 265,370.27
Equity
100-0300-0601 Fund Balance 10,992,612.98
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: 12,328,845.26
Total Revenue 1,298,619.69
Total Expense 3,839,842.19
Revenues Over/Under Expenses -2,541,222.50
Total Liabilities, Equity and Current Surplus (Deficit): 10,052,993.03 Total Equity and Current Surplus (Deficit): 9,787,622.76
REPORT TO THE CITY COUNCIL
Item 3.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Check list report
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Informational only. The invoices paid are shown in the attached listing of invoices.
BACKGROUND:
Presented this evening is a list of invoices paid in November 2024.
REASON FOR RECOMMENDATION:
Informational item only.
FISCAL IMPACT:
Each item shown on the invoice list includes a description of that item and the amount of the invoice.
ALTERNATIVES:
Not applicable.
ACTIONS FOLLOWING APPROVAL:
None.
12/2/2024 8:27:02 AM Page 1 of 5
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 11/01/2024 - 11/30/2024
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
11/01/2024 68406 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 11/01/2024 68407 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -946.00 11/01/2024 68408 Void Check Accounts Payable Voided Check 0.00 11/01/2024 68409 Chowchilla Employees Assn. Accounts Payable Outstanding Check -135.00 11/01/2024 68410 Chowchilla Mid-Management Accounts Payable Outstanding Check -110.00 11/01/2024 68411 Chowchilla Office Accounts Payable Outstanding Check -170.00 11/01/2024 68412 Fitness Peak Accounts Payable Outstanding Check -70.00 11/01/2024 68413 U.S. Bank (PARS) Accounts Payable Outstanding Check -246.62 11/04/2024 68414 Cyprexx Services LLC Utility Billing Outstanding Check -63.27 11/04/2024 68415 Brittany Porter Utility Billing Outstanding Check -30.40 11/04/2024 68416 American Construction and Supply Inc Utility Billing Outstanding Check -1,101.90 11/06/2024 68417 American Fidelity Assurance Accounts Payable Outstanding Check -1,269.18 11/06/2024 68418 AT & T Accounts Payable Outstanding Check -106.29 11/06/2024 68419 AT & T CALNET Accounts Payable Outstanding Check -1,401.40 11/06/2024 68420 AutoZone Parts, Inc Accounts Payable Outstanding Check -160.83 11/06/2024 68421 Badger Meter Inc. Accounts Payable Outstanding Check -668.74 11/06/2024 68422 Blue Shield of California Accounts Payable Outstanding Check -73,529.45 11/06/2024 68423 BSK Associates Accounts Payable Outstanding Check -1,262.20 11/06/2024 68424 BSK Associates Accounts Payable Outstanding Check -301.40 11/06/2024 68425 Burton's Fire Inc. Accounts Payable Outstanding Check -8,163.90 11/06/2024 68426 Caddyshack Rodent Service LLC Accounts Payable Outstanding Check -1,662.50 11/06/2024 68427 CalTraffic Signs Accounts Payable Outstanding Check -1,872.65 11/06/2024 68428 Chowchilla Do It Best Accounts Payable Outstanding Check -165.39 11/06/2024 68429 City of Fresno Accounts Payable Outstanding Check -1,186.00 11/06/2024 68430 Comcast Accounts Payable Outstanding Check -43.33 11/06/2024 68431 Community Regional Medical Center Accounts Payable Outstanding Check -700.00 11/06/2024 68432 Consolidated Electrical Distributors Accounts Payable Outstanding Check -223.06 11/06/2024 68433 D & V Sporting Gear Accounts Payable Outstanding Check -32.63 11/06/2024 68434 De Lage Landen Financial Services Inc. Accounts Payable Outstanding Check -1,868.19 11/06/2024 68435 Farmers Hardware Accounts Payable Outstanding Check -107.37 11/06/2024 68436 Friends of Madera Animal Shelter Accounts Payable Outstanding Check -263.00 11/06/2024 68437 Gary V. Twitty Accounts Payable Outstanding Check -473.00 11/06/2024 68438 Grover Landscape Services Inc. Accounts Payable Outstanding Check -6,020.00 11/06/2024 68439 Healthwise Services, LLC Accounts Payable Outstanding Check -386.38 11/06/2024 68440 Home Depot Credit Services Accounts Payable Outstanding Check -1,664.23 11/06/2024 68441 Kerri Williams Accounts Payable Outstanding Check -139.63 Bank Transaction Report Issued Date Range: -
12/2/2024 8:27:02 AM Page 2 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/06/2024 68442 Lexipol LLC Accounts Payable Outstanding Check -2,641.52 11/06/2024 68443 Madera County Economic Development Commission Accounts Payable Outstanding Check -9,654.32 11/06/2024 68444 Madera Tribune Accounts Payable Outstanding Check -2,671.50 11/06/2024 68445 Medvetta Financial Inc. Accounts Payable Outstanding Check -1,940.52 11/06/2024 68446 Metro Uniform of Merced Accounts Payable Outstanding Check -1,995.42 11/06/2024 68447 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -162,344.35 11/06/2024 68448 Myers Stevens & Toohey & Co Inc Accounts Payable Outstanding Check -812.10 11/06/2024 68449 Navia Benefit Solutions Accounts Payable Outstanding Check -200.00 11/06/2024 68450 NinjaOne LLC Accounts Payable Outstanding Check -406.50 11/06/2024 68451 ODP Business Solutions, LLC Accounts Payable Outstanding Check -566.76 11/06/2024 68452 O'Reilly Auto Parts Accounts Payable Outstanding Check -181.21 11/06/2024 68453 PACE Supply Corp Accounts Payable Outstanding Check -276.33 11/06/2024 68454 Principal Life Insurance Company Accounts Payable Outstanding Check -8,558.85 11/06/2024 68455 Prudential Overall Supply Accounts Payable Outstanding Check -617.07 11/06/2024 68456 Quad Knopf, Inc. Accounts Payable Outstanding Check -72,557.38 11/06/2024 68457 Void Check Accounts Payable Voided Check 0.00 11/06/2024 68458 R & R Pool Service Accounts Payable Outstanding Check -130.00 11/06/2024 68459 Ross Recreation Equipment Inc. Accounts Payable Outstanding Check -409.50 11/06/2024 68460 Sparkletts Accounts Payable Outstanding Check -5.99 11/06/2024 68461 Specialized Utility Services Program Accounts Payable Outstanding Check -8,715.00 11/06/2024 68462 Superior Pool Products, LLC Accounts Payable Outstanding Check -3,581.98 11/06/2024 68463 The Lew Edwards Group Accounts Payable Outstanding Check -11,000.00 11/06/2024 68464 Toshiba Financial Services Accounts Payable Outstanding Check -443.03 11/06/2024 68465 Trianagle Rock Products/Vulcan Materials Accounts Payable Outstanding Check -1,567.24 11/06/2024 68466 Trinette Martinez Accounts Payable Outstanding Check -382.58 11/06/2024 68467 Turner's Towing Accounts Payable Outstanding Check -200.00 11/06/2024 68468 Tyler Business Forms Accounts Payable Outstanding Check -1,138.34 11/06/2024 68469 US BANK (CAL-CARD) Accounts Payable Outstanding Check -3,537.81 11/06/2024 68470 US Post Office Accounts Payable Outstanding Check -2,253.58 11/06/2024 68471 Van De Pol Petroleum Accounts Payable Outstanding Check -6,076.01 11/06/2024 68472 West Coast Arborists Inc. Accounts Payable Outstanding Check -66,312.50 11/06/2024 68473 West Coast Pet Memorial Service Accounts Payable Outstanding Check -461.19 11/06/2024 68474 Yamabe and Horn Engineering Inc. Accounts Payable Outstanding Check -286.00 11/06/2024 68475 Zoom Imaging Solutions, Inc. Accounts Payable Outstanding Check -273.59 11/13/2024 68484 Ramiro Velarde Jr & Stephanie Nieto Utility Billing Outstanding Check -207.54 11/14/2024 68476 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 11/14/2024 68477 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -903.00 11/14/2024 68478 Void Check Accounts Payable Voided Check 0.00 11/14/2024 68479 Chowchilla Employees Assn. Accounts Payable Outstanding Check -135.00 11/14/2024 68480 Chowchilla Mid-Management Accounts Payable Outstanding Check -110.00 11/14/2024 68481 Chowchilla Office Accounts Payable Outstanding Check -136.00 11/14/2024 68482 Fitness Peak Accounts Payable Outstanding Check -70.00 11/14/2024 68483 U.S. Bank (PARS) Accounts Payable Outstanding Check -104.24 Bank Transaction Report Issued Date Range: -
12/2/2024 8:27:02 AM Page 3 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/18/2024 68485 Douglas Wootten Utility Billing Outstanding Check -46.31 11/18/2024 68486 Lucky's Express Utility Billing Outstanding Check -923.74 11/18/2024 68487 Gerardo & Alexis Ramirez Utility Billing Outstanding Check -87.71 11/19/2024 68488 Cleofas Quinarez Gallegos Utility Billing Outstanding Check -85.69 11/19/2024 68489 Luciano Telesmanic Utility Billing Outstanding Check -92.07 11/19/2024 68490 2-A's Contracting Inc Accounts Payable Outstanding Check -375.00 11/19/2024 68491 Aanonson Sprinkler Company Accounts Payable Outstanding Check -97.46 11/19/2024 68492 Acme Rotary Broom Service Accounts Payable Outstanding Check -2,061.90 11/19/2024 68493 AFLAC Accounts Payable Outstanding Check -693.56 11/19/2024 68494 AT & T CALNET Accounts Payable Outstanding Check -286.21 11/19/2024 68495 BSK Associates Accounts Payable Outstanding Check -301.40 11/19/2024 68496 Chowchilla Do It Best Accounts Payable Outstanding Check -45.89 11/19/2024 68497 Comcast Accounts Payable Outstanding Check -246.32 11/19/2024 68498 Cook's Communication Corp Accounts Payable Outstanding Check -128.98 11/19/2024 68499 D & V Sporting Gear Accounts Payable Outstanding Check -548.10 11/19/2024 68500 Enterprise Fleet Management, Inc Accounts Payable Outstanding Check -51,633.84 11/19/2024 68501 ESO Solutions Inc. Accounts Payable Outstanding Check -2,937.71 11/19/2024 68502 Farmers Hardware Accounts Payable Outstanding Check -250.93 11/19/2024 68503 Ferguson Enterprises, Inc. Accounts Payable Outstanding Check -16.16 11/19/2024 68504 Grover Landscape Services Inc. Accounts Payable Outstanding Check -129.66 11/19/2024 68505 Mace Pest Control Accounts Payable Outstanding Check -90.00 11/19/2024 68506 Madera Tribune Accounts Payable Outstanding Check -422.50 11/19/2024 68507 Mid-Valley Pipe & Steele, Inc Accounts Payable Outstanding Check -57.58 11/19/2024 68508 MuniServices LLC Accounts Payable Outstanding Check -1,144.76 11/19/2024 68509 NBS Accounts Payable Outstanding Check -5,204.65 11/19/2024 68510 ODP Business Solutions, LLC Accounts Payable Outstanding Check -613.61 11/19/2024 68511 PACE Supply Corp Accounts Payable Outstanding Check -4,056.52 11/19/2024 68512 PARS Accounts Payable Outstanding Check -507.29 11/19/2024 68513 Pegboard Accounts Payable Outstanding Check -865.59 11/19/2024 68514 Precision Civil Engineering, Inc. Accounts Payable Outstanding Check -820.00 11/19/2024 68515 ProClean Supply Accounts Payable Outstanding Check -199.57 11/19/2024 68516 Prudential Overall Supply Accounts Payable Outstanding Check -251.88 11/19/2024 68517 Purl's Sheet Metal & Air Conditioning Inc. Accounts Payable Outstanding Check -658.40 11/19/2024 68518 Quad Knopf, Inc. Accounts Payable Outstanding Check -26,956.16 11/19/2024 68519 Void Check Accounts Payable Voided Check 0.00 11/19/2024 68520 R & R Pool Service Accounts Payable Outstanding Check -130.00 11/19/2024 68521 Railworks Track Systems LLC Accounts Payable Outstanding Check -215.00 11/19/2024 68522 Rain for Rent Accounts Payable Outstanding Check -331.37 11/19/2024 68523 Ronnie Bass Welding Inc. Accounts Payable Outstanding Check -1,347.04 11/19/2024 68524 S & W Auto Parts Inc. Accounts Payable Outstanding Check -352.12 11/19/2024 68525 San Joaquin Valley Unified Air Pollution Control District Accounts Payable Outstanding Check -290.00 11/19/2024 68526 Self Help Enterprises Accounts Payable Outstanding Check -693.00 11/19/2024 68527 Southern Tire Mart LLC Accounts Payable Outstanding Check -750.88 Bank Transaction Report Issued Date Range: -
12/2/2024 8:27:02 AM Page 4 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/19/2024 68528 T-Mobile USA Inc Accounts Payable Outstanding Check -126.60 11/19/2024 68529 Trianagle Rock Products/Vulcan Materials Accounts Payable Outstanding Check -1,040.40 11/19/2024 68530 US BANK (CAL-CARD) Accounts Payable Outstanding Check -2,066.77 11/19/2024 68531 Van De Pol Petroleum Accounts Payable Outstanding Check -2,713.67 11/19/2024 68532 Verizon Wireless Accounts Payable Outstanding Check -3,660.42 11/19/2024 68533 West Coast Pet Memorial Service Accounts Payable Outstanding Check -252.76 11/26/2024 68534 CA State Disbursement Unit Accounts Payable Outstanding Check -263.53 11/26/2024 68535 U.S. Bank (PARS) Accounts Payable Outstanding Check -198.26 Bank Account 200650906 Total: (130) -598,203.92
Bank Account: 200695379 - Payroll-Tri Counties
11/01/2024 610 610 Payroll Outstanding Check -284.40
11/01/2024 10/31/2024 611 611 Payroll Cleared Check 0.00 11/01/2024 612 612 Payroll Outstanding Check -210.61
11/01/2024 613 613 Payroll Outstanding Check -284.40
Bank Account 200695379 Total: (4) -779.41
Report Total: (134) -598,983.33
Bank Transaction Report Issued Date Range: -
12/2/2024 8:27:02 AM Page 5 of 5
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 130 -598,203.92
200695379 Payroll-Tri Counties 4 -779.41
Report Total: 134 -598,983.33
Cash Account Count Amount
**No Cash Account** 5 0.00
999 999-0100-0215 Cash In Bank 126 -598,203.92
999 999-0100-0216 Cash In Bank (Payroll) 3 -779.41
Report Total: 134 -598,983.33
Transaction Type Count Amount
Check 134 -598,983.33
Report Total: 134 -598,983.33
REPORT TO THE CITY COUNCIL
Item 3.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Consent
SUBJECT: A City Council Resolution Approving Amendments for Transportation Development Act (TDA) Funds for Fiscal Year 2023/2024 due to Reassigning of Funds for CATX Program and Prior Year Carryover of Funds for Streets and Roads and Authorizing the City Administrator or Designee to execute and Submit Amendments to the Madera County Transportation Commission PREPARED BY: Abigail Zurita, Fiscal Manager
APPROVED BY: Kerri Williams, Finance Director
ATTACHMENTS: Resolution, Amendments for LTF
REVIEWED BY
ADMINISTRATOR
☒ REVIEWED BY
ATTORNEY ☒ REVIEWED BY FINANCE ☒
RECOMMENDATION:
Staff recommends that Council approve the resolution (a) approving TDA Amendment Request for FY 2023/2024 TDA Local Transportation (LTF) including reassigning of funds for CATX program and carryover balance from prior fiscal year for Streets and Roads Project; and (b) authorizing the City Administrator or Designee to execute the amendment for submittal to the Madera County Transportation Commission (MCTC) for adoption.
BACKGROUND:
Each year staff prepares documentation required by the Madera County Transportation Commission related to the annual allocation of funds for transit and street maintenance activities. Upon approval of the allocation, the city is able to draw down the allocated funds on a reimbursement basis to cover the costs incurred during the year.
As a reminder, the State Controller annually approves LTF and STA apportionments by county pursuant to the Transportation Development Act (TDA). MCTC allocates these funds to local agencies based on each jurisdiction’s percentage share of the total County population. Annually, local agencies are required to submit applications for approval to MCTC. The applications may be amended, as needed.
LTF funds are programmed for public transit services; pedestrian and bicycle facilities and streets and roads maintenance and construction projects. Transit must be fully funded consistent with the MCTC annual Unmet Transit Needs findings, as transit has priority use of these funds. A mandatory 2% is allocated for pedestrian and bicycle facilities and 3% for transportation planning. The remaining balance may be expended on street maintenance and construction projects.
REASON FOR RECOMMENDATION:
In order to carry forward funds and use the allocations in a different fiscal year the City must make amendments to move those funds to the fiscal years needed. MCTC will authorize the expenditure of the funds once the amendments are approved by City Council.
FISCAL IMPACT:
For Fiscal year allocation 2023-24 the City will be increasing the LTF amount needed by $83,143 to cover Streets and Road expenses and decreasing the LTF for CATX by the same amount.
The requested changes in the funding allocation will ensure that the City will be able to cover its costs for the Streets and Roads maintenance projects. City Council authorization is required before MCTC can authorized the reimbursements.
ALTERNATIVES:
If these amendments are not approved, then other funds would be needed to cover the cost for Streets and Roads projects.
ACTIONS FOLLOWING APPROVAL:
Upon signatures, City Clerk to return documents to Finance.
COUNCIL RESOLUTION # XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING THE AMENDMENT TO THE APPLICATION FOR LOCAL TRANSPORTATION FUNDS (LTF) FUNDS FOR FISCAL YEAR 2023/2024 AND AUTHORIZING THE CITY
ADMINISTRATOR OR DESIGNEE TO EXECUTE AND SUBMIT THE AMENDMENTS TO MCTC WHEREAS, Transportation Development Act (TDA) Local Transportation Funds (LTF) is annually allocated by the Madera County Transportation Commission (MCTC) pursuant to the Transportation Development Act; and
WHEREAS, the City of Chowchilla prepares applications specifying the intended uses of the LTF funds each year, and the applications may be amended, as needed; and WHEREAS, the TDA Amendment Request for Fiscal Year 2023/2024 that describe the intended use of these funds have been submitted to the Council Board for its review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds and determines the following:
1. The above recitals are true and correct.
2. The Fiscal Year 2023/2024 amendments for Transportation Development Act Local Transportation Fund, as allocated to the City of Chowchilla by the Madera County Transportation Commission, are approved.
3. The City Administrator or Designee are authorized to execute the amendments and submit them to the Madera County Transportation Commission for adoption.
4. Authorizes the Finance Director to make budget amendments as listed in the staff report.
5. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of December 2024 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Kelly Smith, Mayor
ATTEST:
Joann McClendon, CMC
City Clerk
Agency: Date: 12/10/2024
Fiscal Year: FY 2023-24
Amending:
Type of
Amendment:
Project Approved Allocation New Proposed Allocation Difference 1 CATX $ 337,875.00 $ 254,732.00 $ (83,143.00)
2 Pedestrian/Bicycle Facilities $ 83,284.00 $ 83,284.00 $ - 3 Street and Road Projects $ 276,642.00 $ 399,869.00 $ 123,227.00 4 $ -
5 $ -
6 $ -
7 $ -
8 $ -
9 $ -
10 $ -
Total $ 697,801.00 $ 737,885.00 $ 40,084.00
Notes
Agency Authorizing Signature Date
MCTC Authorizing Signature Date
MCTC Use:
Month Amendment No.
Madera County Transportation Commission
TDA Amendment Request
City of Chowchilla
Move allocations from CATX to Street and Road Projects.
Carryover allocation from Street and Road Projects FY 22/23.
LTF STA
Carryover of PY Funds Reassign funds Other
REPORT TO THE CITY COUNCIL
Item 3.5
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2023
AGENDA SECTION: Consent
SUBJECT: Consideration and Approval of a Request from the Madera County Mosquito and Vector Control District to Reappoint Incumbent David Bump as Trustee PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: MCMVCD Letter
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council approve, by consensus, the incumbent’s reappointment to the Madera County Mosquito and Vector Control District (the District).
BACKGROUND:
The District provides for the health, safety, and comfort of the residents within the district boundaries by the abatement of mosquitoes and other vector populations in order to minimize vector-borne diseases.
The District accomplishes this task through constant surveillance and by employing the principles of integrated pest management in our efforts to control vector populations.
The Clerk’s Office received an email from the Manager of the District notifying that the term of office for the current trustee, Mr. David Bump, expired. The email also expressed that the District desires to continue having Mr. Bump serving on the Board of Trustees for another four-year term as he has done an excellent job.
REASON FOR RECOMMENDATION:
The incumbent has continued serving as a Trustee for at least two previous terms and the District supports the reappointment.
FISCAL IMPACT:
There is no financial impact from this appointment as the Trustee does not receive compensation.
ALTERNATIVES:
If the Council desires, a different appointment may be made.
ACTIONS FOLLOWING APPROVAL:
City Clerk to notify the District Manager of the appointment.
REPORT TO THE CITY COUNCIL
Item 3.6
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Consent
SUBJECT: Consideration of Council Resolution for Continuation of Abandoned Vehicle Abatement Program
PREPARED BY: Stacy Burns, Police Lieutenant
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That Council, by motion, approve the Resolution for extension of Madera County Abandoned Vehicle Abatement Authority to October 31, 2035.
BACKGROUND:
The City of Chowchilla partnered with Madera County and the City of Madera in 2004 to form the Madera County Abandoned Vehicle Abatement Authority. This authority was made possible through State legislation that allowed an additional $1.00 per vehicle registration within the County to be used for abandoned vehicle abatement. This program currently brings in over $100,000.00 per year to be used by the authority for the abatement of abandoned vehicles. Since inception the authority has received in excess of $1,000,000.00 dollars for use within the County and each of the Cities.
As part of the regular duties of the City’s code enforcement officer, he regularly deals with abandoned vehicles. This source of income to the City helps to offset at least some of those costs for the City’s code enforcement program.
REASON FOR RECOMMENDATION:
The term of the authority authorized by the State is about to expire. New legislation allows for an extension of the program with the approval of the County and a majority of the cities that comprise a majority of the population of the incorporated areas.
Staff anticipates both the City of Madera and the County of Madera will each also approve the extension of this program allowing the continuance of this funding source for the abatement of abandoned vehicles throughout the County.
FISCAL IMPACT:
Income to the City based on both per capita and per vehicle abated within City jurisdiction. Currently the City of Chowchilla is allocated in excess of $10,000.00 per year. Funds come from the $1.00 per vehicle registration fees collected by the State and are disbursed through Madera County to the City.
ALTERNATIVES:
Allow the current Resolution to expire and no longer receive funds from this program.
ACTIONS FOLLOWING APPROVAL:
Provide the Council Resolution to Madera County.
COUNCIL RESOLUTION #XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
AUTHORIZING EXTENSION OF THE MADERA COUNTY ABANDONED VEHICLE
ABATEMENT AUTHORITY PROGRAM
WHEREAS, the City of Chowchilla has authorized participation in the current Madera County Abandoned Vehicle Abatement Authority; and
WHEREAS, the Madera County Abandoned Vehicle Abatement Authority is set to expire in October 2025; and
WHEREAS, the City benefits from the funds made available through this program with its code enforcement program; and
WHEREAS, current legislation allows for an extension of this program with the approval of the County and a majority of the Cities within the County that comprise a majority of the population of the incorporated area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. The above recitals are true and correct.
2. Authorizes the extension of the Madera County Abandoned Vehicle Abatement Authority.
3. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of December, 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 3.7
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Consent
SUBJECT: Approving the 2025 Citywide Calendar
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: 2025 Council, Committee and Commission Meeting Calendar
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends that the City Council review, amend, if needed, and approve the 2025 City Council Meeting Calendar.
BACKGROUND:
The proposed 2025 Citywide Calendar shows the regularly scheduled City Council, Planning Commission, and Airport Advisory Committee meetings for the year. It also reflects pay dates and holidays observed by the City.
REASON FOR RECOMMENDATION:
To establish the 2025 calendar year meeting schedules, providing a guide for employees to schedule other events accordingly.
FISCAL IMPACT:
There is no financial impact.
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Meeting Calendar 2025
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REPORT TO THE CITY COUNCIL
Item 3.8
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Consent
SUBJECT: Consideration of Rejection of Claim FR102400: Marvin Basler Jr.
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: None
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
That the City Council reject the claim as recommended by the Risk Manager.
BACKGROUND:
On August 28, 2024, the City Clerk received a claim from Mr. Basler concerning damages to his left front tire caused by a pothole on Avenue 24 in front of a gas station. The claim was forwarded to the City’s claims adjuster, AIMS, to evaluate the claim.
REASON FOR RECOMMENDATION:
AIMS, an affiliate of the Central San Joaquin Valley Risk Management Authority of which the City is a part of, investigated the claim and recommended rejecting it.
ACTIONS FOLLOWING APPROVAL:
Send AIMS the Council’s disposition.
REPORT TO THE CITY COUNCIL
Item 4.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Public Hearing
SUBJECT: ADOPTION OF ORDINANCE TO REENACT AND IMPOSE THE EXISTING
SPECIAL PUBLIC SAFETY TAX (MEASURE N) FOLLOWING APPROVAL BY THE 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 conduct the second reading of and adopt Ordinance No. 523-24, which was approved by voters at the November 5, 2024, general election, to reenact and impose Measure N, a special public safety sales tax.
BACKGROUND:
Measure N was approved by the voters at the November 5, 2024, general election.
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 this reauthorization of Measure N funding did not increase Chowchilla’s tax rates but merely continues the existing one-percent (1%) public safety sales tax, initially approved by 73% of local voters in 2018.
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:
Measure N was approved by the voters at the November 5, 2024, general election.
FISCAL IMPACT:
Reauthorization of Measure N sustains the current level of funding, approximately $2.5 million annually, without increasing the existing tax rate.
ACTIONS FOLLOWING APPROVAL:
Following adoption, the City Clerk will work with the County of Madera for continued imposition of Measure N.
This ordinance becomes effective 30-days following adoption.
ORDINANCE NO. 523-24
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. 523-24
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 calendar quarter commencing more than 110 days after the ordinance was effective, which was December 11, 2018.
Ordinance No. 523-24
As to the extension of the transactions and use tax pursuant to Ordinance 523-24 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 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.
Ordinance No. 523-24
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 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 Ordinance No. 523-24
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:
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.
Ordinance No. 523-24
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.
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.
Ordinance No. 523-24
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.
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.
Ordinance No. 523-24
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 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;
Ordinance No. 523-24
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 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 Ordinance No. 523-24
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.
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.
Ordinance No. 523-24
PASSED, APPROVED, and ADOPTED this _____ day of _________________, 2024 ________________________________
Kelly Smith, Mayor
________________________________
Joann McClendon, City Clerk
APPROVED AS TO FORM:
________________________________
Mary Lerner, City Attorney
Ordinance No. 523-24
I, Joann McClendon, City Clerk of the City of Chowchilla, California, do hereby certify that the foregoing Ordinance number 524-24 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 on December 10, 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
REPORT TO THE CITY COUNCIL
Item 4.2
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TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Public Hearing
SUBJECT: A Resolution Approving the Mid Valley Pipe and Supply Inc Tentative Parcel Map #23-0002, Site Plan Review, and Mitigated Negative
Declaration/Mitigation Monitoring & Reporting Program
PREPARED BY: Annalisa Perea, AICP, Contract City Planner ATTACHMENTS: 1. Resolution
2. Conditions of Approval
3. Vicinity Map, Tentative Parcel Map, and Site Plan Review #23-0002
4. Mitigated Negative Declaration/Mitigation Monitoring & Reporting Program
5. Public Hearing Notice
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY DIRECTOR ☒ PLANNING COMMISSION RECOMMENDATION:
At their November 20, 2024 meeting, the Chowchilla Planning Commission voted unanimously to recommend that the City Council adopt a resolution approving the Mid Valley Pipe and Supply Tentative Parcel Map #23-0002, Site Plan Review, and the accompanying Mitigated Negative Declaration/Mitigation Monitoring & Report Program.
BACKGROUND:
Mid Valley Pipe and Supply, INC. has submitted a Tentative Parcel Map (TPM) within the City of Chowchilla (City) on approximately 26 acres (APN: 002-250-053) proposing to subdivide the parcel into 13 separate parcels. The parcels will range in size from approximately 0.78 acres to 8.17 acres with an average size of 1.87 acres. The project will have primary access to Chowchilla Boulevard. A main industrial local road is proposed in the center of the parcel ending in a cul-de-sac allowing access to all parcels. A stub road is planned to the southeast to develop the Prosperity Boulevard alignment as shown in Attachment 3. Both Chowchilla Boulevard and Prosperity Boulevard will be constructed pursuant to the Conditions of Approval and City of Chowchilla Engineering Standard Drawings. The applicant will be required to install a temporary barricade at the termination of the Prosperity Boulevard stub street for security purposes until such time as the development of the adjacent parcel.
The project is surrounded by an industrial distribution center to the west, vacant land to the east, State Route 99 to the north, and Chowchilla Boulevard to the south.
The project is also proposing the development of phase 1 of buildout which would be the 8.17 acres Parcel 7 as identified in Attachment 3.
The development proposal includes the construction of 32,645 square foot building consisting of a 4,250- square foot office, 28,115 square foot warehouse, 7,500 square foot partially enclosed outdoor space, 39 parking spaces, and onsite improvements including drive aisles, curb, gutter, sidewalk, lighting, trash enclosure, landscaping, and storm basin. The Site Plan Review would also allow for the development of a City 0.78-acre storm drainage basin on Parcel 5 to handle storm runoff from the public streets. Each of the other parcels would be required to construct on-site basins to accommodate storm runoff for each of their respective sites. The hours of operation will be from 7am to 5pm Monday through Friday, and on occasion, deliveries and shipments may be outside of these hours, including on weekends. The operation is anticipated to support 14 employees at the new facility.
The Project was routed to internal city departments as well as external agencies, including the Chowchilla Elementary and High School Districts, the Chowchilla Water District, and Caltrans. The developed conditions of approval (Attachment 2) were derived based on the analysis completed by each of these departments and agencies.
GENERAL PLAN/ZONING ANALYSIS
The Project site is zoned LI (Light Industrial) and PF (Public Facilities). It has a conforming General Plan designation of Light Industrial and Public Facilities. Approximately 17.9-acres of the site is designated LI and 8.3-acres is designated PF. The proposed PF land use designation includes a stormwater retention basin. The proposed Project is consistent with both the zoning and General Plan designations for this site.
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). An Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) was prepared pursuant to CEQA. In the analysis, it was determined that all potential impacts were able to be reduced to a level of less than significant with the incorporation of applicable mitigation measures. The document underwent a 30-day public review period and no comments were received.
REASON FOR RECOMMENDATION:
The Mid Valley Pipe & Steel TPM and SPR #23-0002 is consistent with the City’s General Plan, is consistent with the California Subdivision Map Act, the City’s Subdivision Ordinance, and is consistent with the Zoning Designation.
FISCAL IMPACT:
None.
ACTIONS FOLLOWING APPROVAL:
None.
COUNCIL RESOLUTION #XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING TENTATIVE PARCEL MAP AND SITE PLAN REVIEW #23-0002 ALONG WITH THE
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION/MMRP
WHEREAS, a Tentative Parcel Map and Site Plan Review application has been submitted concurrently by Mid Valley Pipe and Supply, INC to subdivide property and construct a warehouse use and,
WHEREAS, the City reviewed the submitted Tentative Parcel Map and determined that the submitted Tentative Parcel Map complies with the requirements of City Code and the State Subdivision Map Act; and,
WHEREAS, the site is located along Chowchilla Boulevard between the Prosperity Boulevard and Berenda Slough with State Route 99 located north of the site; and, WHEREAS, Tentative Parcel Map 23-0002 consists of 13 proposed industrial lots on approximately 26 acres; and,
WHEREAS, the parcels will range in size from 0.78 acres to 8.17 acres with an average size of
1.87 acres; and,
WHEREAS, the site plan proposes the development of Parcel 7, which will consist of a 32,645 square foot building consisting of a 4,250-square foot office, 28,115 square foot warehouse, 7,500 square foot partially enclosed outdoor space, 39 parking spaces; and, WHEREAS, pursuant to CEQA Guidelines, an Initial Study/Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program (MMRP) was prepared and publicly circulated for 30 days; and,
WHEREAS, the Project is subject to the adherence to the applicable mitigation measures as part of adopted MMRP; and,
WHEREAS, adherence to the proposed conditions of approval would eliminate any potential for unintended negative impacts; and,
WHEREAS, the Planning Commission, at a duly noticed public hearing on November 20, 2024 voted to recommend that the City Council approve the Project.
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. That the City Council of the City of Chowchilla hereby finds and determines that there is no substantial evidence in the records to indicate that the Project would have a significant effect on the environment as identified by and evaluated with a Mitigated Negative Declaration.
3. That the City Council of the City of Chowchilla hereby finds and determines that all required findings have been made;
4. That the City Council of the City of Chowchilla approves the Tentative Parcel Map and Site Plan Review #23-0002 with conditions.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of December, 2024 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
ATTACHMENT 2 – Conditions of Approval
GENERAL CONDITIONS
1. In consideration of the approval of said project, the Developer agrees to hold harmless the City of Chowchilla and all of its departments, officers, agents, or employees free and harmless of, and from any claims or any kind of nature arising out of or by reason of said use permit, and the development of said project under this conditional use permit by any person, firm or corporation, public or private, and from the cost and expense of defending the same including attorney’s fees.
2. The Applicant shall apply and obtain approval of a building permit prior to any work commencing onsite. Contact the Community & Economic Development Department at 559-665-8615 x410.
3. All construction shall be in accordance with the approved Site Plan.
4. All contractors and sub-contractors must obtain a business license from the City of Chowchilla. Contact the Community & Economic Development Department at 559-665-8615 x410.
5. Prior to issuance of Certificate of Occupancy, the Applicant shall pay any outstanding invoices that have been issued by the City.
6. Prior to issuance of Certificate of Occupancy, the Applicant shall pay all applicable City Impact fees.
Contact the Community & Economic Development Department at 559-665-8615 x400 to coordinate payment. Payment of school impact fees shall be separately and directly coordinated with the Chowchilla Elementary School District and the Chowchilla High School District. The Applicant shall provide a proof of payment of school impact fees prior to issuance of Certificate of Occupancy.
7. Prior to issuance of Certificate of Occupancy, the Community and Economic Development Department shall conduct an on-site inspection to verify compliance with all conditions of approval.
8. The site plan review includes the entitling of Parcel 7. Any future development of the other parcels will be subject to their own review and entitlement approvals.
PLANNING CONDITIONS
9. As part of the development of Parcel 7, all areas of the project site not intended for a specific use, shall be landscaped. The Applicant shall coordinate with the Community and Economic Development Director about the plan to landscape the approximately 200-foot distance between the building and SR
99. The Director may request the landscape plan to be updated to reflect the mutually agreed upon plan.
10.No razor wire, electrified fencing, or similar security devices are allowed on unless approval is given by the director, and provided that it is not visible from the public right-of-way
11.Any added on-site light fixtures shall be located, aimed or shielded so as to minimize light trespassing across property boundaries or skyward.
12.Prior to issuance of grading or building permits, the developer shall provide the City with evidence from the San Joaquin Valley Air Pollution Control District (SJVAPCD) of an approved Dust Control Plan or Construction Notification form under Regulation VIII – Fugitive Dust PM10 Prohibitions. The subdivision project may be subject to other rules including Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operation). The developer will be required to carry out measures of applicable SJVAPCD Rules and Regulations as noted.
13.Prior to issuance of grading or building permits, the developer shall provide the City with evidence from the San Joaquin Valley Air Pollution Control District (SJVAPCD) of an approved ISR/APA in under Rule 9510 Indirect Source Review.
14.Prior to issuance of a certificate of occupancy, the Applicant shall coordinate directly with the San Joaquin Valley Air Pollution Control District to determine what, if any, additional rules and regulations apply to their project. The Applicant shall adhere to and come into compliance with any rules and regulations.
ENGINEERING CONDITIONS
1. Within twenty (20) calendar days after all improvements have been constructed and approved by the City, the Applicant shall submit to the City of Chowchilla Engineering Division one PDF file on CD and one black and white copy of the approved set of construction plans revised to reflect all field revisions and marked "AS-GRADED/AS-BUILT".
2. The Applicant shall comply with and be responsible for obtaining encroachment permits from the City of Chowchilla for all work performed within the City's right-of-way.
3. The Applicant shall install all off-site improvements in accordance with the City of Chowchilla standards and specifications, and requirements set forth by the City Engineer, for those portions within the City’s right-of-way.
4. The Applicant shall be responsible for all actions of his/her contractors and subcontractors during the course of any work occurring on the site. The Applicant shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the Applicant. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the development. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the Applicant or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the Applicant’s representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the Applicant’s expense.
5. The developer shall comply with all the requirements of the local utility (gas and electric), telephone, cable, and other communication companies. It shall be the responsibility of the developer to notify the local utility, telephone, cable, and other communication companies to remove or relocate utility poles where necessary. The City will not accept first submittal of improvement plans without proof that the developer has provided the improvement plans and documents showing all proposed work to the utility, telephone, cable, and other communication companies.
6. The developer shall submit a soils report or a waiver of soils report for approval by the City Engineer with the first submittal of the improvement plans.
7. During the site construction, any public streets fronting the project shall be kept clear of any construction or landscaping debris and shall not be used as a storage area for equipment, materials, or other items.
8. The developer shall be responsible for all actions of his contractors and subcontractors during the course of any work occurring on the site. The developer shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the developer. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the development. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the developer or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the developer's representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the developer's expense.
9. The developer shall take all responsibility for his contractors and shall not allow them to work on, place debris on, store supplies or equipment on, or in any other way encroach upon any other properties without the written permission of such property owners. In the event other properties are encroached upon without written permission, work shall be automatically shut down until resolved.
10.The developer shall install streetlights on metal poles in accordance with City Standards at the locations designated by the City Engineer. Streetlight locations shall be shown on the utility plans submitted with the final map for approval. Streetlights at traffic signal locations shall be installed on approved traffic signal poles. Street lights shall be owned and maintained by City of Chowchilla. Developer shall prepare a streetlighting plan for approval by the City Engineer.
11.The developer shall install fire hydrants along the streets in accordance with City Standards at the locations designated by the Fire Chief and City Engineer. Fire hydrant locations shall be shown on the utility plans submitted with the final map for approval. Fire hydrants shall be owned and maintained by City of Chowchilla. Developer shall prepare a fire hydrant location plan for approval by the Fire Chief and City Engineer.
12.The developer shall, at his expense, obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests. These designs shall be compared to the minimum section given below and approved by the City Engineer.
Street Designation Minimum Section
Residential Street/Industrial Street 3” HMA/6” CLII AB/6” CNS Major Arterial Street 3” HMA/6” CLII AB/6” CNS
13.The Applicant shall construct trash enclosure/s per City of Chowchilla Standard Drawing M-18.
14.All knuckles and cul-de-sacs shall be designed in accordance with City Standards.
15.The Applicant shall construct valley gutter/s per City of Chowchilla Standard Drawing ST-18.
16.Install Temporary Timber Barricade per City of Chowchilla Standards ST-19 at the end of Prosperity Boulevard.
17.The Applicant shall construct ADA concrete improvements which include sidewalk, curb ramps and driveways per City of Chowchilla Standards ST 11-15.
18.The drive approach locations shown on the Tentative Subdivision Map for Parcels 1 and 13 along Chowchilla Boulevard are acceptable as shown. Any relocation of these drive approaches shall be subject to approval of the City Engineer.
19.The drive approach locations shown on the Tentative Subdivision Map for Parcels 1 and 13 along MidValley Way shall be revised to show only one drive approach at the most easterly location and remove the westerly drive approach on each parcel. Any relocation of these drive approaches shall be subject to approval of the City Engineer.
20.Construct a left turn pocket on Chowchilla Boulevard for south bound traffic onto Mid-Valley Way. The turn pocket shall be constructed to meet current CA MUTCD and City requirements.
21.The site parking lot layout shall comply with City of Chowchilla Standard Drawing M-2.
22.The site shall accommodate for 40 ft. minimum turning radius for fire trucks within parking lot and drive aisles.
23.Trench resurfacing as necessary shall be constructed in accordance with City of Chowchilla Standard Drawing M-11.
Grading and Drainage
24.Prior to issuance of grading or building permits, the Applicant shall submit an approved copy of (1) the approved Storm Water Pollution Prevention Plan (SWPPP), and (2) the Notice of Intent (NOI) to comply with the General National Pollutant Discharge Elimination System (NPDES) from the Central Valley Regional Water Quality Control Board. The requirements of the SWPPP and the NPDES shall be incorporated into the design specifications and construction contracts.
25.The Applicant shall construct onsite stormwater retention facility per City Engineer’s requirements.
Major storm breakover shall be to Chowchilla Blvd.
26.Parcel 5 shall be dedicated to the City of Chowchilla for storm drainage purposes.
27.Development of Parcels 1-13 shall require the construction of onsite stormwater retention basins to accommodate the stormwater runoff for their respective parcels. Stormwater retention basins shall be designed in accordance with City Standards and Specifications and per City Engineer’s requirements.
28.Any onsite drainage collection system shall be designed to accommodate a 10-year, 24-hour storm event.
Water
29.The Applicant shall install domestic water service(s) and landscape irrigation service(s) per City of Chowchilla Standard Drawing W-1. Domestic water service(s) shall be separate from landscape irrigation service(s). RP backflow devices shall be installed on all water services per City of Chowchilla Standard Drawing W-26.
30.The Applicant shall install fire service per City of Chowchilla Standard Drawing W-27 and W-28 and Fire Department requirements.
31.The Applicant shall install fire hydrant(s) as necessary such that travel distance from hydrant is no more than 150 ft. maximum. Onsite fire hydrants shall be private, and no easement is required. Fire hydrants shall be installed per City of Chowchilla Standard Drawing W-2.
32.No water service connection shall be made to the City of Chowchilla Water System until a bacteriological test report has been accepted by the City Engineer.
Sewer
33.Sewer service shall be provided from the 18” sewer main along Chowchilla Blvd. Install sewer service(s) to the proposed building per City of Chowchilla Standards. Trench Backfill & Surface Replacement at tie in shall conform to City Standard Drawing M-11. All on-site sewer mains shall be private.
Miscellaneous
34.It shall be the responsibility of the developer to remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.
35.A deferment, modification, or waiver of any engineering conditions will require the express written approval of the City Engineer.
36.The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.
SURVEYING CONDITIONS
1. The developer shall have a final parcel map prepared, in the form prescribed by the Subdivision Map Act and City of Chowchilla Municipal Code for final subdivision maps in Sections 17.24.130 through
17.24.230 and 17.28, by a registered civil engineer licensed to perform land surveying or licensed land surveyor. The site shall be developed consistent with the approved Tentative Parcel Map 23- 0474 and its conditions per attached Exhibit A. The final parcel map shall be submitted to the City of Chowchilla, and shall include, but not be limited to, final parcel map, drawn at a scale of 1"=100', the current filing fee, math closure calculations for parcel subdivision, individual parcels and street centerlines, current preliminary title report (dated within 90 days of submittal) with all documents referenced within the report to be provided, and legal descriptions and drawings of any required dedications. Upon approval of the final parcel map, the developer shall submit one (1) reproducible/electronic copy (PDF) to the City Engineer.
2. The City shall approve all street names prior to the recordation of final parcel map:
Mid-Valley Court, Mid-Valley Way and Prosperity Boulevard.
3. Developer shall dedicate a 10’ public utility easement along all streets and all other locations requested by utility companies on the final parcel map. Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer.
4. Dedicate a 1’ wide reservation strip along the end of Prosperity Boulevard to the City of Chowchilla.
5. The developer shall install monuments at all property corners, section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development. Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance.
6. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the developer shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
ATTACHMENT 3 – Vicinity Map, Tentative Parcel Map, and Site Plan Review #23-0002
ATTACHMENT 4 – Initial Study/Mitigated Negative Declaration and MMRP Website Link:
cityofchowchilla.org/DocumentCenter/View/3588/Mid-Valley-IndustrialPublic-Review-Draft-ISMND-September-2024 ATTACHMENT 5 – Public Hearing Notice
NOTICE OF A PUBLIC HEARING
Mid Valley Pipe & Steel Tentative Parcel Map, Site Plan Review #23-0002 & Mitigated Negative Declaration/Mitigation Monitoring & Reporting Program APN 002-250-053, Chowchilla, CA 93610
Notice is hereby given that the City Council of the City of Chowchilla, California, will hold a public hearing on Tuesday, December 10, 2024 at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza, to consider Application No. 23-0002, a request by Mid Valley Pipe & Steel to subdivide the parcel into 13 parcels for a future light industrial park at APN 002-250-053 &, site plan review application for Parcel 7, and the accompanied Mitigated Negative Declaration/Mitigation Monitoring & Reporting Program in compliance with CEQA Guidelines. At their November 20, 2024 meeting, the Chowchilla Planning Commission voted unanimously to recommend that the City Council approve this item.
All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposed actions listed above. This meeting will be open to the public andavailable to watch and participate remotely through Zoom.
Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA93610, and to the attention of the Planning Department. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the approval body at, or prior to, the Public Hearing.
Annalisa Perea, AICP
Community & Economic Development Department(559) 665-8615 ext. 400 [email protected]
REPORT TO THE CITY COUNCIL
Item 4.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Public Hearing
SUBJECT: Introduction of Ordinance to Approve a Text Amendment Modifying Chapter
9.07 – Food Truck Vendor and the Accompanied Notice of Exemption PREPARED BY: Annalisa Perea, AICP, Contract Planner
ATTACHMENTS: 1. Ordinance
2. Public Notice
3. Notice of Exemption
REVIEWED BY
DIRECTOR ☒ REVIEWED BYCITY ATTORNEY ☒ REVIEWED BYCITY ADMINISTRATOR ☒
PLANNING COMMISSION RECOMMENDATION
At their November 20, 2024 meeting, the Chowchilla Planning Commission voted unanimously to recommend that the City Council adopt an Ordinance to approve a Text Amendment, modifying Chapter
9.07– Food Truck Vendor and the accompanied Notice of Exemption.
HISTORY / BACKGROUND:
The City of Chowchilla undertook a comprehensive Zoning Ordinance update back in 2018, where the City Council voted to adopt the updated Zoning Ordinance on October 9, 2018 and it came into effect on November 8, 2018. This effort included an update to the City’s Sign Ordinance.
Since then, City staff has implemented the Ordinances and along the way, has completed several updates to the code to improve the functioning of the document. Those amendments primarily included “clean-up” amendments, changes to provide additional clarity, and amendments as proposed by staff to bring the zoning ordinance into compliance with any new state laws. Present day, and after careful consideration, it was determined by the City Council’s Economic Development Ad Hoc Committee that the City should consider new amendments to the zoning ordinance and Municipal Code to provide additional language relating to Food Truck Vendors, specifically ice cream trucks. Additionally, at their November 12, 2024 City Council meeting, the Council voted to initiate the text amendments.
The following are the proposed amendments:
New text to be added is in underlined format.
Text to be removed is in strikeout format.
Chapter 9.07
FOOD TRUCK VENDING
9.07.01 Definitions.
For purposes of this Chapter, the following definitions apply:
“Administrative Use Permit” shall mean a permit issued by the City of Chowchilla in accordance with Chapter 18.74.
“City” means the City of Chowchilla.
“Code” means the Chowchilla Municipal Code and all codes incorporated therein by reference. “Food” shall be as defined in Health and Safety Code Section 113781 or any successor provision. “Food Facility” shall be as defined in Health and Safety Code Section 113789 or any successor provision. “Food Truck” means a mobile food facility as defined in Health and Safety Code Section 113831 or any successor provision and any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one (1) or more locations within the City. A Food Truck shall also include any ice cream truck or any trailer or wagon equipped and used as described in this definition and pulled by a vehicle. “Food Truck Permit” or “Permit” means the Administrative Use Permit, Temporary Use Permit, Special Event Permit, or any other required permit issued to a property owner or lessee with authority allowing Food Trucks to operate on private property pursuant to this Chapter. “Food Truck Vendor” or “Vendor” means an individual or business responsible for or utilizing a Food Truck to sell, offer for sale, or distribute Food.
“Hand washing Facility” means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359.
“Health Officer” shall be as defined in Health and Safety Code Section 111015. “Ice Cream Truck” means a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, novelties commonly known as ice cream, or prepackaged candies and chips.
“Special Event” means any outdoor event designated for the exclusive use of the event organizer utilizing public areas, including streets and parking lots temporarily closed by the City Council or Chowchilla Police Department.
“Temporary Use Permit” shall mean a permit issued by the City of Chowchilla in accordance with Chapter 18.76.
“Toilet Facility” means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359. “Vend” or “Vending” means to offer for sale or distribution.
9.07.02 Business License Requirements.
All Food Trucks operating in the City shall obtain a business license pursuant to Chapter 5.04 of the Municipal Code. No business license shall be issued without evidence that the Vendor has obtained all permits and paid all fees as required by this Chapter. The original of the City business license certificate, County health permit, and any additional permit required by this Chapter, shall be displayed conspicuously at all times on the Food Truck.
9.07.03 Mobile Food Vendor Inspection Fee.
All Food Trucks operating in the City shall be required to successfully complete safety and compliance inspections by the City’s Fire and Community Development Departments. The applicable fee amount for inspections under this section shall be provided within the City’s Master Fee Schedule.
9.07.04 Health and Sanitation Requirements.
Vendors shall obtain a health permit from the Madera County Health Officer. The health permit and applicable commissary agreement letter shall be displayed conspicuously at all times on the Vendor’s Vehicle. Evidence of a health permit shall be made available to City staff as part of the business license application or renewal.
9.07.05 Permit to Operate on Private Property.
(a) Permit required. No Food Truck shall operate on private property without a Food Truck Permit issued to the property owner, lessee, or applicant. A Food Truck Permit shall be either a Temporary Use Permit for a single event or an Administrative Use Permit for all other situations. (b) Single event permits. The City may issue a Temporary Use Permit for single events. A single event permit may only be issued for exclusively residentially zoned districts once per year. Other zoned areas may have a maximum of four (4) single event permits issued per year. (c) Private Events. Food Truck Permits are not required for Food Trucks operating for a one-day private event or party located either on the site of the event or in the public right-of-way with no retail sale to the general public and no admission charge to the event. (d) Special Events. Food Trucks operating within a Special Event or City-sponsored event shall be required to obtain all applicable permits, including, but not limited to a special event permit and to pay all applicable fees.
9.07.06 Operational Requirements.
All Food Truck Vendors are subject to the following conditions:
(a) No Food Truck shall locate within fifty (50) feet of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop.
(b) No Food Truck shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property.
(c) No Vendor shall sell food and beverage items not regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et. seq., as it currently exists or may be amended).
(d) No Vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts.
(e) No Vehicle shall roll up onto the sidewalk or cause traffic to block and be delayed. (f) No driveways, parking lots, or private property can be occupied by a Vendor without written permission from the property owner or lessee.
(g) No Vendor shall locate their operation in such a way that would restrict trash enclosures. (h) No Vendor shall locate their operation in such a way that would restrict required off street parking and parking meters.
(i) No Vendor shall conduct business with customers in moving cars. (j) Vendors must provide a visible trash receptacle for use by customers. (k) The Vendor shall regularly pick up, remove and dispose of all trash or refuse from their operation that remains within two hundred (200) feet of the Vendor’s position. Regularly means not less than every one (1) hour. For Vendors that operate less than one hour at a location, the Vendor shall pick up, remove and dispose of all trash or refuse prior to leaving the location. (l) No Vending shall occur between the hours of 10:00 p.m. and 7:00 a.m. and no overnight parking shall be permitted. Through the Administrative Use Permit or Temporary Use Permit process, the City Administrator and/or their designee may require shorter hours of operation or allow longer hours of operation depending on the type of vending and location. (m) No Vendor shall operate more than two hundred (200) feet travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the Food Truck Permit holder and any of its employees whenever operating for more than a one (1) hour.
(n) No Vendor shall Vend within three hundred (300) feet of a Special Event for one (1) hour before or after the reserved event time, unless the Vendor is approved by the event’s sponsor to participate in the event.
(o) Vendors shall not use City utility connections, including water and electric, without prior written approval from the City.
(p) Vendors shall not leave items unattended or stored on public property. (q) All Vendors shall comply with the California Vehicle Code and California Health and Safety Code. (r) Unless otherwise exempt, Food Trucks may not operate in an exclusively residentially zoned district in the City, except for private events as provided for in Section 9.07.05(c) or with the issuance of a Temporary Use Permit as provided for in Section 9.07.05(b). (s) Vendors shall not operate in an unsafe manner, including but not limited to, impeding on- or offsite vehicle circulation and obstructing the view of pedestrians by motorists. (t) Vendors may not sell non-food accessory retail items that exceed ten percent (10%) of the average annual gross receipts of sales from the Food Truck. Non-food accessory retail items may not occupy more than ten percent (10%) of the Food Truck space devoted to preparation and sales. If the business is a new business, the gross receipts shall be calculated by considering the Vendor’s estimated annual gross receipts for the first year of operation. “Gross receipts” shall mean the total amount of revenue derived from activities conducted on or within the Food Truck.
(u) No Vendor shall locate within three hundred (300) feet of any other Vendor operating during the applicable Vending hours specified in this Chapter, except that the Food Truck Permit may allow for smaller groupings of Food Trucks on a single parcel of property.
9.07.07 Additional Rules for Food Truck Vendors on Public Rights-of-Way. (a) No Food Truck shall Vend in any one Location on a public street for more than forty-five (45) minutes in any two (2) hour period. “Location” for purposes of this section shall mean a radius of five hundred (500) feet from the original position of the Food Truck. (b) No Food Truck shall locate within five hundred (500) feet of a freeway entrance or exit. (c) No Food Truck shall locate within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone. (d) The Vehicle shall be legally parked and shall not stop, stand, or park in any clear vision triangle or no parking zone.
(e) Vehicles shall not occupy more than two on-street parking spaces in the public right-of-way in commercial zones.
(f) Vendors shall limit food and beverage service to that side of the Food Truck facing away from the street.
(g) No Vendor shall locate within one thousand (1000’) feet of the grounds of any elementary or secondary school on any school day while school is in session; this restriction does not apply to an event at a school facility if the Vendor is in partnership with the organization conducting the event and is located on the site of the event.
(h) Ice cream trucks shall be equipped at all times, while engaged in vending in a residential area, with signs mounted on both the front and the rear and clearly legible from a distance of 100 feet under daylight conditions, incorporating the words “WARNING” and “CHILDREN CROSSING.” Each sign shall be at least 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, a one-inch wide solid border, and a sharply contrasting background. (i) Ice cream trucks may operate in exclusively residential districts. Vending from an ice cream truck is prohibited when stopped, parked, or standing on any public street, alley, or highway under any of the following conditions:
(1) The posted speed limit on the street, alley, or highway exceeds 25 miles per hour; (2) The vending location is within 100 feet of an intersection with an opposing highway that has a posted speed limit exceeding 25 miles per hour; or (3) The vendor lacks an unobstructed view extending 200 feet in both directions along the highway and of any traffic thereon.
(j) Vendors shall indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with operation of the Food Truck on City right-of-way, regardless of fault, unless the injuries or damages are the result of City's sole negligence or willful misconduct.
(k) Vendors shall maintain, at their sole cost and expense, liability insurance in the amount of not less than $2,000,000 per occurrence, $4,000,000 aggregate, covering liability associated with operation of the Food Truck. Vendors shall also maintain, at their sole cost and expense, automobile insurance in the amount of not less than $1,000,000 commercial auto liability coverage. The insurance shall be in full force and effect at any time the vendor is operating in the City. Prior to operations, the Vendor shall deliver or have on file with the City a Certificate of Insurance which includes all required coverages, endorsements, and names the City of Chowchilla as additionally insured and as the certificate holder. The City’s Risk Manager shall verify coverages.
9.07.08 Additional Rules for Food Truck Vendors on Private Property. (a) Vendors shall obtain written authorization to operate the Food Truck from the property owner, or a lessee with authority.
(b) Food Trucks shall operate as follows:
(1) Within a level parking area, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the Food Truck.
(2) Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way. (3) Vendors shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the City Administrator and/or their designee. (4) Vendors shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
9.07.09 Special Events – City Sponsored Events.
Vendors operating in conjunction with a City-sponsored event, or pursuant to an applicable special events permit, are exempt from the provisions or this chapter and shall meet all requirements as specified within the special event permit or as required by City.
9.07.10 Supplemental Regulations.
The City Administrator and/or their designees, are hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials, reasonably necessary to implement this Chapter, and to make such interpretations of this Chapter as they may consider necessary to achieve the purposes of this Chapter. Violations of supplemental rules and regulations shall be considered violations of this Chapter.
9.07.11 Violations.
(a) Fines and penalties.
Violations of this Chapter or the conditions in a Food Truck Permit shall be subject to the penalty and enforcement provisions of the Municipal Code, including, but not limited to Chapters 1.10, 1.12,
1.16 and 1.20.
(b) Revocation and suspension.
In addition to the grounds for suspending or revoking a Food Truck Permit, the City may suspend for up to thirty (30) days or revoke any Food Truck Permit issued under this Chapter when any one or more of the following grounds are found to exist:
(1) Violation of this Chapter or provisions of a Food Truck Permit. (2) Violation of local, State, or Federal law in connection with Vendor Activity. (3) When a Vendor’s permit was issued under fraudulent circumstances or mistake. (4) When necessary to protect the public health, safety, or welfare. (c) Confiscation. In connection with suspension or revocation of a Food Truck Permit or violations of this Chapter, the City may confiscate property used in connection with Vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare. (d) Procedures. The following procedures shall apply for suspensions, revocation, and confiscation:
(1) Prior to revocation or suspension of a Permit and/or confiscation of property, the City shall provide written notice to the Vendor stating the reasons for the action by personal notice or certified mail.
(2) The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the Permit.
(3) Unless immediate suspension and/or confiscation is necessary to protect the public health, safety, and welfare, prior to taking final action the City shall afford the Vendor, and Vehicle owner when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in sections 1.10.080 and 1.10.090 of the Code. For immediate suspensions and/or confiscations, the appeal hearing, if requested, shall be held within ten (10) business days after the filing of the appeal.
(4) If an appeal is filed, the hearing officer may permanently revoke the Permit, reinstate the Permit, conditionally reinstate the Permit, or modify the suspension, based upon findings related to circumstances described in this Section. The hearing officer shall also make appropriate findings regarding any confiscation.
9.07.12 Severability.
If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this Chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
ENVIRONMENTAL REVIEW ANALYSIS:
The Ordinance Text Amendments are covered by the Environmental Impact Report that was completed for the City’s 2011 General Plan Update. This is also covered under CEQA Guidelines section 15061, which states that “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” It’s been determined that no additional CEQA analysis is required as part of these proposed Ordinance text amendments.
REASON FOR RECOMMENDATION:
The Ordinance will provide additional language to allow for the operation of ice cream trucks and comply with the necessary requirements of the City’s General Plan.
FISCAL IMPACT:
None.
ALTERNATIVES:
None recommended.
ACTIONS FOLLOWING APPROVAL:
City staff will prepare for the Second reading of the Ordinance.
CITY COUNCIL ORDINANCE # XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA, AMENDING CHAPTER 9.07 – FOOD TRUCK VENDING WITH THE FINDINGS WHEREAS, the City undertook a comprehensive Zoning Ordinance update back in 2018, where the City Council voted to adopt the updated Zoning Ordinance on October 9, 2018 and it came into effect on November 8, 2018. This included updates to the City’s Sign Ordinance; and, WHEREAS, since then, the City staff has made minor amendments to other portions of the Municipal Code to improve the functioning of the document; and, WHEREAS, these proposed amendments include updates to add operating standards for ice cream trucks based on recommendations from the Economic Development Ad Hoc Committee; and, WHEREAS, a Public Hearing was duly noticed for the December 10, 2024 City Council Meeting; and,
WHEREAS, the Ordinance Text Amendment is covered by the Environmental Impact Report that was completed for the City’s 2011 General Plan Update. This is also covered under CEQA Guidelines section 15061, which states that the activity is covered by the common sense exemption; and, WHEREAS, the City Council has carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing; and WHEREAS, the City Council was able to make all of the findings required to be made as identified in section 18.86.030 of the City’s Municipal Code in order to grant an amendment.
NOW, THEREFORE, the City Council of the City of Chowchilla does hereby resolve to adopt the separate Ordinance Text Amendment per CMC 18.86.030:
Section 1. Chapter 9.07 of Title 9 of the Municipal Code of the City of Chowchilla is hereby amended to read as amended to read as follows:
9.07.01 Definitions.
For purposes of this Chapter, the following definitions apply:
“Administrative Use Permit” shall mean a permit issued by the City of Chowchilla in accordance with Chapter 18.74.
“City” means the City of Chowchilla.
“Code” means the Chowchilla Municipal Code and all codes incorporated therein by reference. “Food” shall be as defined in Health and Safety Code Section 113781 or any successor provision. “Food Facility” shall be as defined in Health and Safety Code Section 113789 or any successor provision.
“Food Truck” means a mobile food facility as defined in Health and Safety Code Section 113831 or any successor provision and any vehicle as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared food or foodstuffs of any kind that parks at one (1) or more locations within the City. A Food Truck shall also include any ice cream truck or any trailer or wagon equipped and used as described in this definition and pulled by a vehicle. “Food Truck Permit” or “Permit” means the Administrative Use Permit, Temporary Use Permit, Special Event Permit, or any other required permit issued to a property owner or lessee with authority allowing Food Trucks to operate on private property pursuant to this Chapter. “Food Truck Vendor” or “Vendor” means an individual or business responsible for or utilizing a Food Truck to sell, offer for sale, or distribute Food.
“Hand washing Facility” means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359.
“Health Officer” shall be as defined in Health and Safety Code Section 111015. “Ice Cream Truck” means a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, novelties commonly known as ice cream, or prepackaged candies and chips.
“Special Event” means any outdoor event designated for the exclusive use of the event organizer utilizing public areas, including streets and parking lots temporarily closed by the City Council or Chowchilla Police Department.
“Temporary Use Permit” shall mean a permit issued by the City of Chowchilla in accordance with Chapter 18.76.
“Toilet Facility” means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359. “Vend” or “Vending” means to offer for sale or distribution.
9.07.02 Business License Requirements.
All Food Trucks operating in the City shall obtain a business license pursuant to Chapter 5.04 of the Municipal Code. No business license shall be issued without evidence that the Vendor has obtained all permits and paid all fees as required by this Chapter. The original of the City business license certificate, County health permit, and any additional permit required by this Chapter, shall be displayed conspicuously at all times on the Food Truck.
9.07.03 Mobile Food Vendor Inspection Fee.
All Food Trucks operating in the City shall be required to successfully complete safety and compliance inspections by the City’s Fire and Community Development Departments. The applicable fee amount for inspections under this section shall be provided within the City’s Master Fee Schedule.
9.07.04 Health and Sanitation Requirements.
Vendors shall obtain a health permit from the Madera County Health Officer. The health permit and applicable commissary agreement letter shall be displayed conspicuously at all times on the Vendor’s Vehicle. Evidence of a health permit shall be made available to City staff as part of the business license application or renewal.
9.07.05 Permit to Operate on Private Property.
(a) Permit required. No Food Truck shall operate on private property without a Food Truck Permit issued to the property owner, lessee, or applicant. A Food Truck Permit shall be either a Temporary Use Permit for a single event or an Administrative Use Permit for all other situations. (b) Single event permits. The City may issue a Temporary Use Permit for single events. A single event permit may only be issued for exclusively residentially zoned districts once per year. Other zoned areas may have a maximum of four (4) single event permits issued per year. (c) Private Events. Food Truck Permits are not required for Food Trucks operating for a one-day private event or party located either on the site of the event or in the public right-of-way with no retail sale to the general public and no admission charge to the event. (d) Special Events. Food Trucks operating within a Special Event or City-sponsored event shall be required to obtain all applicable permits, including, but not limited to a special event permit and to pay all applicable fees.
9.07.06 Operational Requirements.
All Food Truck Vendors are subject to the following conditions:
(v) No Food Truck shall locate within fifty (50) feet of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop.
(w) No Food Truck shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property.
(x) No Vendor shall sell food and beverage items not regulated under the California Retail Food Code (California Health and Safety Code Division 104, Part 7, Section 113700 et. seq., as it currently exists or may be amended).
(y) No Vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts.
(z) No Vehicle shall roll up onto the sidewalk or cause traffic to block and be delayed. (aa) No driveways, parking lots, or private property can be occupied by a Vendor without written permission from the property owner or lessee.
(bb) No Vendor shall locate their operation in such a way that would restrict trash enclosures. (cc) No Vendor shall locate their operation in such a way that would restrict required off street parking and parking meters.
(dd) No Vendor shall conduct business with customers in moving cars. (ee) Vendors must provide a visible trash receptacle for use by customers. (ff) The Vendor shall regularly pick up, remove and dispose of all trash or refuse from their operation that remains within two hundred (200) feet of the Vendor’s position. Regularly means not less than every one (1) hour. For Vendors that operate less than one hour at a location, the Vendor shall pick up, remove and dispose of all trash or refuse prior to leaving the location. (gg) No Vending shall occur between the hours of 10:00 p.m. and 7:00 a.m. and no overnight parking shall be permitted. Through the Administrative Use Permit or Temporary Use Permit process, the City Administrator and/or their designee may require shorter hours of operation or allow longer hours of operation depending on the type of vending and location. (hh) No Vendor shall operate more than two hundred (200) feet travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the Food Truck Permit holder and any of its employees whenever operating for more than a one (1) hour.
(ii) No Vendor shall Vend within three hundred (300) feet of a Special Event for one (1) hour before or after the reserved event time, unless the Vendor is approved by the event’s sponsor to participate in the event.
(jj) Vendors shall not use City utility connections, including water and electric, without prior written approval from the City.
(kk) Vendors shall not leave items unattended or stored on public property. (ll) All Vendors shall comply with the California Vehicle Code and California Health and Safety Code. (mm) Unless otherwise exempt, Food Trucks may not operate in an exclusively residentially zoned district in the City, except for private events as provided for in Section 9.07.05(c) or with the issuance of a Temporary Use Permit as provided for in Section 9.07.05(b). (nn) Vendors shall not operate in an unsafe manner, including but not limited to, impeding on- or offsite vehicle circulation and obstructing the view of pedestrians by motorists. (oo) Vendors may not sell non-food accessory retail items that exceed ten percent (10%) of the average annual gross receipts of sales from the Food Truck. Non-food accessory retail items may not occupy more than ten percent (10%) of the Food Truck space devoted to preparation and sales. If the business is a new business, the gross receipts shall be calculated by considering the Vendor’s estimated annual gross receipts for the first year of operation. “Gross receipts” shall mean the total amount of revenue derived from activities conducted on or within the Food Truck.
(pp) No Vendor shall locate within three hundred (300) feet of any other Vendor operating during the applicable Vending hours specified in this Chapter, except that the Food Truck Permit may allow for smaller groupings of Food Trucks on a single parcel of property.
9.07.07 Additional Rules for Food Truck Vendors on Public Rights-of-Way. (l) No Food Truck shall Vend in any one Location on a public street for more than forty-five (45) minutes in any two (2) hour period. “Location” for purposes of this section shall mean a radius of five hundred (500) feet from the original position of the Food Truck. (m) No Food Truck shall locate within five hundred (500) feet of a freeway entrance or exit. (n) No Food Truck shall locate within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone. (o) The Vehicle shall be legally parked and shall not stop, stand, or park in any clear vision triangle or no parking zone.
(p) Vehicles shall not occupy more than two on-street parking spaces in the public right-of-way in commercial zones.
(q) Vendors shall limit food and beverage service to that side of the Food Truck facing away from the street.
(r) No Vendor shall locate within one thousand (1000’) feet of the grounds of any elementary or secondary school on any school day while school is in session; this restriction does not apply to an event at a school facility if the Vendor is in partnership with the organization conducting the event and is located on the site of the event.
(s) Ice cream trucks shall be equipped at all times, while engaged in vending in a residential area, with signs mounted on both the front and the rear and clearly legible from a distance of 100 feet under daylight conditions, incorporating the words “WARNING” and “CHILDREN CROSSING.” Each sign shall be at least 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, a one-inch wide solid border, and a sharply contrasting background. (t) Ice cream trucks may operate in exclusively residential districts. Vending from an ice cream truck is prohibited when stopped, parked, or standing on any public street, alley, or highway under any of the following conditions:
(1) The posted speed limit on the street, alley, or highway exceeds 25 miles per hour; (2) The vending location is within 100 feet of an intersection with an opposing highway that has a posted speed limit exceeding 25 miles per hour; or (3) The vendor lacks an unobstructed view extending 200 feet in both directions along the highway and of any traffic thereon.
(u) Vendors shall indemnify, defend and hold the City, its officials, officers, employees, agents, and volunteers harmless from and against all claims, demands, causes of action, actions, damages, losses, expenses, and other liabilities, (including without limitation reasonable attorney fees and costs of litigation) of every nature arising out of or in connection with operation of the Food Truck on City right-of-way, regardless of fault, unless the injuries or damages are the result of City's sole negligence or willful misconduct.
(v) Vendors shall maintain, at their sole cost and expense, liability insurance in the amount of not less than $2,000,000 per occurrence, $4,000,000 aggregate, covering liability associated with operation of the Food Truck. Vendors shall also maintain, at their sole cost and expense, automobile insurance in the amount of not less than $1,000,000 commercial auto liability coverage. The insurance shall be in full force and effect at any time the vendor is operating in the City. Prior to operations, the Vendor shall deliver or have on file with the City a Certificate of Insurance which includes all required coverages, endorsements, and names the City of Chowchilla as additionally insured and as the certificate holder. The City’s Risk Manager shall verify coverages.
9.07.08 Additional Rules for Food Truck Vendors on Private Property. (a) Vendors shall obtain written authorization to operate the Food Truck from the property owner, or a lessee with authority.
(b) Food Trucks shall operate as follows:
(1) Within a level parking area, where it can be demonstrated that any off-street parking spaces located in that area are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of a business or activity that is operating at the same time as the Food Truck.
(2) Operations shall not impede pedestrian or vehicular ingress or egress through the remainder of the parking area or adjacent public right-of-way. (3) Vendors shall not use or permit use of parking spaces on the site (e.g., customer queuing, tables, chairs, portable restrooms, signs, and any other ancillary equipment) if doing so will adversely affect the required off-street parking available for the primary use(s) of the site during peak periods as determined by the City Administrator and/or their designee. (4) Vendors shall have adequate lighting to ensure customer safety either on the vehicle or at the location of the vehicle during business hours.
9.07.09 Special Events – City Sponsored Events.
Vendors operating in conjunction with a City-sponsored event, or pursuant to an applicable special events permit, are exempt from the provisions or this chapter and shall meet all requirements as specified within the special event permit or as required by City.
9.07.10 Supplemental Regulations.
The City Administrator and/or their designees, are hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials, reasonably necessary to implement this Chapter, and to make such interpretations of this Chapter as they may consider necessary to achieve the purposes of this Chapter. Violations of supplemental rules and regulations shall be considered violations of this Chapter.
9.07.11 Violations.
(a) Fines and penalties.
Violations of this Chapter or the conditions in a Food Truck Permit shall be subject to the penalty and enforcement provisions of the Municipal Code, including, but not limited to Chapters 1.10, 1.12, 1.16 and 1.20.
(b) Revocation and suspension.
In addition to the grounds for suspending or revoking a Food Truck Permit, the City may suspend for up to thirty (30) days or revoke any Food Truck Permit issued under this Chapter when any one or more of the following grounds are found to exist:
(1) Violation of this Chapter or provisions of a Food Truck Permit. (2) Violation of local, State, or Federal law in connection with Vendor Activity. (3) When a Vendor’s permit was issued under fraudulent circumstances or mistake. (4) When necessary to protect the public health, safety, or welfare. (c) Confiscation. In connection with suspension or revocation of a Food Truck Permit or violations of this Chapter, the City may confiscate property used in connection with Vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare. (d) Procedures. The following procedures shall apply for suspensions, revocation, and confiscation:
(1) Prior to revocation or suspension of a Permit and/or confiscation of property, the City shall provide written notice to the Vendor stating the reasons for the action by personal notice or certified mail.
(2) The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the Permit.
(3) Unless immediate suspension and/or confiscation is necessary to protect the public health, safety, and welfare, prior to taking final action the City shall afford the Vendor, and Vehicle owner when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in sections 1.10.080 and 1.10.090 of the Code. For immediate suspensions and/or confiscations, the appeal hearing, if requested, shall be held within ten (10) business days after the filing of the appeal.
(4) If an appeal is filed, the hearing officer may permanently revoke the Permit, reinstate the Permit, conditionally reinstate the Permit, or modify the suspension, based upon findings related to circumstances described in this Section. The hearing officer shall also make appropriate findings regarding any confiscation.
9.07.12 Severability.
If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this Chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 2. This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
Introduced to the Chowchilla City Council at their December 10, 2024 Regular Meeting. APPROVED, PASSED, AND ADOPTED by the City Council of the City of Chowchilla on __________, 2025 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
ATTACHMENT 2 – Public Notice
NOTICE OF A PUBLIC HEARING
Ordinance Text Amendment to modify Chapter 9.07 – Food Truck Vending, Chowchilla, CA 93610 Notice is hereby given that the City Council of the City of Chowchilla, California, will hold a public hearing on Tuesday, December 10, 2024 at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza, to an Ordinance amending to modify Chapter 9.07 to developer standards for ice cream trucks and the accompanied Notice of Exemption in compliance with CEQA Guidelines.
All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposed actions listed above. This meeting will be open to the public andavailable to watch and participate remotely through Zoom.
Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA 93610, and to the attention of the Planning Department. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the approval body at, or prior to, the Public Hearing.
Annalisa Perea, AICP
Community & Economic Development Department
(559) 665-8615 ext. 400
[email protected]
ATTACHMENT 3 – Notice of Exemption
REPORT TO THE CITY COUNCIL
Item 4.4
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: Public Hearing
SUBJECT: Introduction of an Ordinance Amending Chowchilla Municipal Code Section
18.56 – Signs and Outdoor Advertising Structures, and the accompanied Notice of Exemption
PREPARED BY: Annalisa Perea, AICP, Contract Planner
ATTACHMENTS: 1. Ordinance
2. Public Notice
3. Notice of Exemption
REVIEWED BY
DIRECTOR ☒ REVIEWED BYCITY ATTORNEY ☒ REVIEWED BYCITY ADMINISTRATOR ☒
PLANNING COMMISSION RECOMMENDATION
At their November 20, 2024 meeting, the Planning Commission voted unanimously that the City Council adopt an Ordinance to approve Zoning Ordinance Text Amendments No. 24-0600, updating Chapter 18.56 – Signs and Outdoor Advertising Structures and the accompanied Notice of Exemption.
HISTORY / BACKGROUND:
The City of Chowchilla undertook a comprehensive Zoning Ordinance update back in 2018, where the City Council voted to adopt the updated Zoning Ordinance on October 9, 2018 and it came into effect on November 8, 2018. This effort included an update to the City’s Sign Ordinance.
Since then, City staff has implemented the updated Zoning Ordinance and along the way, has completed several updates to the code to improve the functioning of the document. Those amendments primarily included “clean-up” amendments, changes to provide additional clarity, and amendments as proposed by staff to bring the zoning ordinance into compliance with any new state laws. Present day, and after careful consideration, it was determined by the City Council’s Economic Development Ad Hoc Committee that the City should consider new amendments to the zoning ordinance and Municipal Code to provide additional clarity relating to Highway-Oriented Signs and Shopping Center Signs. Additionally, at their November 12, 2024 City Council meeting, the Council voted to initiate the text amendments to update the Sign Ordinance to address modified development standards. More specifically, the proposed amendments relate to the number, height, and size of highway-oriented signs. The proposed amendments also include new regulations for shopping center signage. The following are the proposed amendments:
Modifying Table 18.56.090(A) of Section 18.56.090 “Sign regulations on developed sites by zone district”
Adding Section 18.56.094 “Highway-oriented signs”
Adding Section 18.56.096 “Shopping center signs”
New text to be added is in underlined format.
Text to be removed is in strikeout format.
Table 18.56.090(A)
Number and Size of Permanent Signs by Zone
Zone District Permanent Building Signs Permanent Freestanding Signs R-L, R-M, RMH, and R-H
zones with 4
or less
residences per
site
1 sign per residence maximum.
4 sq. ft. maximum size per sign.
Placement a maximum 8 feet
high. External illumination only.
None allowed.
R-M, R-MH,
and R-H zones
with 5 or
more
residences per
site or with
nonresidential
uses on site
1 sign per street frontage
maximum.
30 sq. ft. maximum size per sign.
Placement a minimum 5 feet
below roofline.
External illumination only.
1 sign per frontage maximum.
20 sq. ft. maximum size.
6 feet high maximum.
External illumination only.
C-N, C-S, C-H,
and MX zones
Number of signs per business
establishment limited to 6.
Allowed square footage per
building frontage is cumulative.
Primary building frontage: 2 sq.
ft. per 1 lineal foot up to a
maximum 350 sq. ft. along
primary frontage. 50 sq. ft.
allowed regardless of frontage
length.
Secondary building frontage: 1
sq. ft. per lineal foot up to a
maximum 200 sq. ft. per
secondary frontage. 30 sq. ft.
allowed regardless of frontage
length.
1 sign per establishment maximum.
Signs shall not exceed a 2 to 1 ratio of
sign face size to sign height. A sign
exceeding the 2 to 1 ration shall first
secure approval of a conditional use
permit.
60 sq. ft. maximum sign face size.
10 feet high maximum if set back less
than 10 feet from property line.
30 feet high maximum permitted by
right if set back at least 10 feet from
property line.
A sign extending greater than 30 feet in
height shall first secure approval of a
conditional use permit. 1
For sites in a commercial zone and
located along HWY 99 east of the Union
Number and Size of Permanent Signs by Zone
Zone District Permanent Building Signs Permanent Freestanding Signs Pacific Railroad tracks, west of South
Fig Tree Blvd, south of Ash Slough,
north of Berenda Slough; a permanent
freestanding sign is permitted up to
100 feet with the approval of an
administrative use permit. 1
Sites with an integrated shopping
center: 1 additional freestanding sign
up to 200 sq. ft.
For Highway-Oriented and Shopping
Center signs, see Sections 18.56.094
and 18.56.096.
I-L and I-H
zones
No limit to number of signs per
business establishment.
1 sq. ft. per lineal foot of
property line adjoining a street,
or 100 sq. ft. per acre of site area
in use, whichever is greater, to a
maximum of 600 sq. ft. of sign
face.
1 sign per frontage maximum.
60 sq. ft. maximum sign face size.
20 feet high maximum allowed by right.
A sign extending greater than 20 feet in
height shall first secure approval of a
conditional use permit. 1
MX-D zone
2 sq. ft. per 1 lineal foot of
building frontage up to 60 sq. ft.
on primary frontage.
1 sq. ft. per 1 lineal foot up to 30
sq. ft. on secondary frontage.
None allowed.
PF and O
zones
1 sign per street frontage
maximum.
30 sq. ft. maximum size per sign.
External illumination only.
1 sign per site maximum.
20 sq. ft. maximum size.
6 feet high maximum.
External illumination only.
Notes:
1. The height of all proposed freestanding signs shall comply with the Madera County Airport Land Use Compatibility Plan and shall conform with all applicable Federal Aviation Administration requirements
18.56.094 Additional highway-oriented signs.
A. The sign standards in Section 18.56.090 are modified in accordance with this section to allow for highway-oriented signs in specified locations along State Highway 99.
B. This section is only applicable to parcels located in the C-N, C-S, C-H, or MX zones and located adjacent to State Highway 99 east of the Union Pacific Railroad tracks, west of South Fig Tree Blvd, south of Ash Slough, and north of Berenda Slough. Only parcels meeting this zoning and location criteria are allowed an additional highway-oriented sign.
C. In addition to the signs allowed in Section 18.56.090, parcels allowed to have a highway-oriented sign may, upon issuance of a sign permit, establish a pole sign or a pylon sign consistent with the following standards:
1. There shall be a maximum of one (1) such sign per parcel.
2. The sign shall have a maximum of two (2) sides.
3. Signs shall be consistent with a two (2) to one (1) foot ratio of sign size to sign height.
4. The maximum size shall be 200 square feet per side.
5. The maximum height shall be 100 feet.
6. The sign shall be set back a minimum of 10 feet from all property lines and rights-of-way.
7. The sign shall be set back a minimum of 40 feet from any residential zone district.
8. The sign shall be located in a landscaped planter at least three (3) feet wider than the base of the sign on all sides. The planter may encroach into the required minimum setback areas.
D. In lieu of the single sign allowed in subsection C above, up to six (6) multiple commercial uses that are located on the same parcel or on adjacent parcels may, upon issuance of a sign permit, establish a pylon sign consistent with the following standards:
1. There shall be a maximum of one (1) such sign per parcel with more than one pole or upright for support.
2. The sign shall have a maximum of two (2) sides.
3. The maximum size shall be 140 square feet per commercial use, not to exceed six (6) commercial uses.
4. The maximum height shall be 100 feet.
5. The sign shall be set back a minimum of 10 feet from all property lines and rights-of-way.
6. The sign shall be set back a minimum of 80 feet from any residential zone district.
7. The sign shall be located in a landscaped planter at least three (3) feet wider than the base of the sign on all sides. The planter may encroach into the required minimum setback areas.
E. Highway-oriented signs may be internally lit but shall not be externally lit. Signs must be compliant with Chapter 2 of the California Manual on Uniform Traffic Control Devices (MUTCD) which contains guidance for signs on highways and private roads.
18.56.096 Additional shopping center signs.
A. Shopping centers or office complexes with a mix of retail and/or professional office tenants having 3 to 6 business establishments and located within the C-N, C-S, C-H, or MX zones may be allowed one (1) additional permanent freestanding or permanent building sign beyond what is allowed in Section 18.56.090 if the sign conforms to the following provisions:
1. The sign may advertise the name of the center, the tenants in the center, or both the center and tenant names. Tenant advertising on a shopping center sign is not counted as part of the overall sign area permitted by Table 18.56.090(A). Only advertising for businesses located on the shopping center site is allowed.
2. The sign shall have a maximum of two (2) sides.
3. The maximum size shall be 100 square feet per side.
4. The maximum height shall be 25 feet.
5. The sign shall be set back a minimum of 5 feet from all property lines and rights-of-way.
6. The sign shall be set back a minimum of 40 feet from any residential zone district.
7. The sign may be illuminated unless adjacent to residential uses, in which case the Community Development Director may require conditions on the type of illumination to protect against negative effects on the adjacent residential uses. Individual letters and logos may be internally illuminated.
8. Materials, color, and arrangement of the sign shall be compatible and consistent with the shopping center buildings.
B. With the adoption of a comprehensive master sign program in accordance with Section 18.56.210, an additional sign that is allowed by subsection A may be eligible for "bonus" sign area greater than allowed in subsection A.
1. The maximum size of the sign area may be up to 250 square feet if a permanent copy is included on the shopping center sign that states "City of Chowchilla," "Welcome to Chowchilla," or equivalent language.
2. The maximum size of the sign area may be up to 300 square feet, upon approval by the planning commission, if enhanced design features (such as additional landscaping, water features, decorative artwork, seating areas, etc.) are incorporated into the shopping center.
3. The maximum size of the sign area may be up to 300 square feet, upon approval of the planning commission if the criteria of both "1" or "2" above are met.
4. The maximum allowable height of the additional sign may be up to 40 feet, upon approval by the planning commission, if the criteria for either "1" or "2" above are met and/or if the shopping center is located on the corner of two (2) arterial streets, as defined in the Chowchilla General Plan.
18.56.210 Master Sign Program
A. The purpose of the master sign program provisions is to provide a coordinated and flexible design approach to signage for Chowchilla's commercial shopping districts, industrial districts, and office parks. A master sign program is required for any site that contains more than three six business establishments.
ENVIRONMENTAL REVIEW ANALYSIS:
The Ordinance Text Amendments are covered by the Environmental Impact Report that was completed for the City’s 2011 General Plan Update. This is also covered under CEQA Guidelines section 15061, which states that “The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” It’s been determined that no additional CEQA analysis is required as part of these proposed Ordinance text amendments.
City Council Findings
The City Council, before granting an Ordinance Text Amendment, must make all of the following findings (CMC 18.86.030):
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title;
These proposed Ordinance Text Amendments are consistent with the City’s goals, objectives, and policies of the General Plan.
2. The amendment would not be detrimental to the public health, safety, or welfare of the community;
These proposed Ordinance Text Amendments are being proposed for clarity purposes and to improve and clarify existing portions of the Municipal regarding sign development standards.
These would not be detrimental to the public health, safety, or welfare of the community.
3. The amendment would maintain the appropriate balance of land uses within the city; These proposed Ordinance Text Amendments do not include any map amendments, therefore, there would be no impact to the balancing of land uses.
4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.
These proposed Ordinance Text Amendments do not include any map amendments, therefore, there would be no compatibility impacts to existing or future surrounding land uses.
REASON FOR RECOMMENDATION:
The Ordinance will provide clarity to the sign ordinance and complies with necessary requirements of the City’s General Plan.
FISCAL IMPACT:
None.
ALTERNATIVES:
None recommended.
ACTIONS FOLLOWING APPROVAL:
City staff will prepare for the Second reading of the Ordinance.
COUNCIL ORDINANCE #XXX-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AMENDING CHAPTER 18.56 – SIGN AND OUTDOOR ADVERTISING STRUCTURES WITH THE
FINDINGS
WHEREAS, The City undertook a comprehensive Zoning Ordinance update back in 2018, where the City Council voted to adopt the updated Zoning Ordinance on October 9, 2018 and it came into effect on November 8, 2018. This included updates to the City’s Sign Ordinance; and, WHEREAS, since then, the City staff has made minor amendments to other portions of the Municipal Code to improve the functioning of the document; and, WHEREAS, these proposed amendments include updates to modify development standards for freeway-oriented and shopping center signs; and,
WHEREAS, the Ordinance Text Amendment is covered by the Environmental Impact Report that was completed for the City’s 2011 General Plan Update. This is also covered under CEQA Guidelines section 15061, which states that the activity is covered by the common sense exemption; and, WHEREAS, the Planning Commission, at a duly noticed public hearing on November 20, 2024 voted to recommend that the City Council approve the Project; and, WHEREAS, the City Council has carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing; and WHEREAS, the City Council was able to make all of the findings required to be made as identified in section 18.86.030 of the City’s Municipal Code in order to grant an amendment.
NOW, THEREFORE, the City Council of the City of Chowchilla does hereby ordain the following:
Section 1. Chapter 18.56 of Title 18 of the Municipal Code of the City of Chowchilla is hereby amended to read as amended to read as follows:
Table 18.56.090(A)
Number and Size of Permanent Signs by Zone
Zone District Permanent Building Signs Permanent Freestanding Signs R-L, R-M, RMH, and R-H
zones with 4
or less
residences per
site
1 sign per residence maximum.
4 sq. ft. maximum size per sign.
Placement a maximum 8 feet
high. External illumination only.
None allowed.
R-M, R-MH,
and R-H zones
with 5 or
more
residences per
site or with
nonresidential
uses on site
1 sign per street frontage
maximum.
30 sq. ft. maximum size per sign.
Placement a minimum 5 feet
below roofline.
External illumination only.
1 sign per frontage maximum.
20 sq. ft. maximum size.
6 feet high maximum.
External illumination only.
C-N, C-S, C-H,
and MX zones
Number of signs per business
establishment limited to 6.
Allowed square footage per
building frontage is cumulative.
Primary building frontage: 2 sq.
ft. per 1 lineal foot up to a
maximum 350 sq. ft. along
primary frontage. 50 sq. ft.
allowed regardless of frontage
length.
Secondary building frontage: 1
sq. ft. per lineal foot up to a
maximum 200 sq. ft. per
secondary frontage. 30 sq. ft.
allowed regardless of frontage
length.
1 sign per establishment maximum.
Signs shall not exceed a 2 to 1 ratio of
sign face size to sign height. A sign
exceeding the 2 to 1 ration shall first
secure approval of a conditional use
permit.
60 sq. ft. maximum sign face size.
10 feet high maximum if set back less
than 10 feet from property line.
30 feet high maximum permitted by
right if set back at least 10 feet from
property line.
A sign extending greater than 30 feet in
height shall first secure approval of a
conditional use permit. 1
For sites in a commercial zone and
located along HWY 99 east of the Union
Pacific Railroad tracks, west of South
Fig Tree Blvd, south of Ash Slough,
north of Berenda Slough; a permanent
freestanding sign is permitted up to
100 feet with the approval of an
Number and Size of Permanent Signs by Zone
Zone District Permanent Building Signs Permanent Freestanding Signs administrative use permit. 1
Sites with an integrated shopping
center: 1 additional freestanding sign
up to 200 sq. ft.
For Highway-Oriented and Shopping
Center signs, see Sections 18.56.094
and 18.56.096.
I-L and I-H
zones
No limit to number of signs per
business establishment.
1 sq. ft. per lineal foot of
property line adjoining a street,
or 100 sq. ft. per acre of site area
in use, whichever is greater, to a
maximum of 600 sq. ft. of sign
face.
1 sign per frontage maximum.
60 sq. ft. maximum sign face size.
20 feet high maximum allowed by right.
A sign extending greater than 20 feet in
height shall first secure approval of a
conditional use permit. 1
MX-D zone
2 sq. ft. per 1 lineal foot of
building frontage up to 60 sq. ft.
on primary frontage.
1 sq. ft. per 1 lineal foot up to 30
sq. ft. on secondary frontage.
None allowed.
PF and O
zones
1 sign per street frontage
maximum.
30 sq. ft. maximum size per sign.
External illumination only.
1 sign per site maximum.
20 sq. ft. maximum size.
6 feet high maximum.
External illumination only.
Notes:
1. The height of all proposed freestanding signs shall comply with the Madera County Airport Land Use Compatibility Plan and shall conform with all applicable Federal Aviation Administration requirements
18.56.094 Additional highway-oriented signs.
A. The sign standards in Section 18.56.090 are modified in accordance with this section to allow for highway-oriented signs in specified locations along State Highway 99.
B. This section is only applicable to parcels located in the C-N, C-S, C-H, or MX zones and located adjacent to State Highway 99 east of the Union Pacific Railroad tracks, west of South Fig Tree Blvd, south of Ash Slough, and north of Berenda Slough. Only parcels meeting this zoning and location criteria are allowed an additional highway-oriented sign.
C. In addition to the signs allowed in Section 18.56.090, parcels allowed to have a highway-oriented sign may, upon issuance of a sign permit, establish a pole sign or a pylon sign consistent with the following standards:
1. There shall be a maximum of one (1) such sign per parcel.
2. The sign shall have a maximum of two (2) sides.
3. Signs shall be consistent with a two (2) to one (1) foot ratio of sign size to sign height.
4. The maximum size shall be 200 square feet per side.
5. The maximum height shall be 100 feet.
6. The sign shall be set back a minimum of 10 feet from all property lines and rights-of-way.
7. The sign shall be set back a minimum of 40 feet from any residential zone district.
8. The sign shall be located in a landscaped planter at least three (3) feet wider than the base of the sign on all sides. The planter may encroach into the required minimum setback areas.
D. In lieu of the single sign allowed in subsection C above, up to six (6) multiple commercial uses that are located on the same parcel or on adjacent parcels may, upon issuance of a sign permit, establish a pylon sign consistent with the following standards:
1. There shall be a maximum of one (1) such sign per parcel with more than one pole or upright for support.
2. The sign shall have a maximum of two (2) sides.
3. The maximum size shall be 140 square feet per commercial use, not to exceed six (6) commercial uses.
4. The maximum height shall be 100 feet.
5. The sign shall be set back a minimum of 10 feet from all property lines and rights-of-way.
6. The sign shall be set back a minimum of 80 feet from any residential zone district.
7. The sign shall be located in a landscaped planter at least three (3) feet wider than the base of the sign on all sides. The planter may encroach into the required minimum setback areas.
E. Highway-oriented signs may be internally lit but shall not be externally lit. Signs must be compliant with Chapter 2 of the California Manual on Uniform Traffic Control Devices (MUTCD) which contains guidance for signs on highways and private roads.
18.56.096 Additional shopping center signs.
A. Shopping centers or office complexes with a mix of retail and/or professional office tenants having 3 to 6 business establishments and located within the C-N, C-S, C-H, or MX zones may be allowed one (1) additional permanent freestanding or permanent building sign beyond what is allowed in Section 18.56.090 if the sign conforms to the following provisions:
1. The sign may advertise the name of the center, the tenants in the center, or both the center and tenant names. Tenant advertising on a shopping center sign is not counted as part of the overall sign area permitted by Table 18.56.090(A). Only advertising for businesses located on the shopping center site is allowed.
2. The sign shall have a maximum of two (2) sides.
3. The maximum size shall be 100 square feet per side.
4. The maximum height shall be 25 feet.
5. The sign shall be set back a minimum of 5 feet from all property lines and rights-of-way.
6. The sign shall be set back a minimum of 40 feet from any residential zone district.
7. The sign may be illuminated unless adjacent to residential uses, in which case the Community Development Director may require conditions on the type of illumination to protect against negative effects on the adjacent residential uses. Individual letters and logos may be internally illuminated.
8. Materials, color, and arrangement of the sign shall be compatible and consistent with the shopping center buildings.
B. With the adoption of a comprehensive master sign program in accordance with Section 18.56.210, an additional sign that is allowed by subsection A may be eligible for "bonus" sign area greater than allowed in subsection A.
1. The maximum size of the sign area may be up to 250 square feet if a permanent copy is included on the shopping center sign that states "City of Chowchilla," "Welcome to Chowchilla," or equivalent language.
2. The maximum size of the sign area may be up to 300 square feet, upon approval by the planning commission, if enhanced design features (such as additional landscaping, water features, decorative artwork, seating areas, etc.) are incorporated into the shopping center.
3. The maximum size of the sign area may be up to 300 square feet, upon approval of the planning commission if the criteria of both "1" or "2" above are met.
4. The maximum allowable height of the additional sign may be up to 40 feet, upon approval by the planning commission, if the criteria for either "1" or "2" above are met and/or if the shopping center is located on the corner of two (2) arterial streets, as defined in the Chowchilla General Plan.
Section 2. This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
Introduced to the Chowchilla City Council at their December 10, 2024 Regular Meeting. APPROVED, PASSED, AND ADOPTED by the City Council of the City of Chowchilla on January 14 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
ATTACHMENT 2 – Public Notice
NOTICE OF A PUBLIC HEARING
Text Amendment 240600 – Chapter 18.56 Signs and Outdoor Advertising Structures Ordinance & Chapter 9.07 Food Truck Vending
accompanied Notice of Exemption
Citywide, Chowchilla, CA 93610
Notice is hereby given that the City Council of the City of Chowchilla, California, will hold a public hearing on Tuesday, December 10, 2024 at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza, to consider Zone Text Amendment Application No. 240600, a city council-initiated request & the accompanied Notice of Exemption in compliance with CEQA Guidelines. The text amendment proposes to modify Chapter 18.56 to address sign development standards and Chapters 9.07 to develop standards for ice cream trucks. At their November 20, 2024 meeting, the Chowchilla Planning Commission voted unanimously to recommend that the City Council approve this item.
All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposed actionslisted above. This meeting will be open to the public andavailable to watch and participate remotely through Zoom. Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA93610, and to the attention of the Planning Department, Director of Community and Economic Development. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the approval body at, or prior to, the Public Hearing.
Annalisa Perea, AICP
Community & Economic Development Department
(559) 665-8615 ext. 400
[email protected]
ATTACHMENT 3 – Notice of Exemption
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: New Business
SUBJECT: Consideration of a Resolution Approving a Deferred Improvement Agreement with the Chowchilla Union High School District Regarding the Chowchilla High School Transportation Center and Authorizing the City Administrator to Execute All Related Documents
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution, Deferred Improvement Agreement
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
The City Council approve a resolution approving a Deferred Improvement agreement with the Chowchilla Union high School District regarding the Chowchilla High School Transportation Center and authorize the City Administrator to execute all related documents
BACKGROUND:
Chowchilla Union High School (CUHS) is building a new Transportation Center. As part of the bigger project of a new stadium, the current transportation center needed to be relocated and expanded.
CUHS and their contractor submitted a site plan for the transportation center which was reviewed by staff and our plan check consultants. As a part of the review, there were conditions of approval established.
One of those conditions is new curb, gutter, and sidewalk shall be constructed along the site frontage of Road 16 in accordance with City of Chowchilla Standard Drawings ST-10 & 11.
CUHS and their contractor met with the Economic Development Ad Hoc Committee and staff to discuss the condition and the possibility of deferring them due to the immediate need and the costs to do the improvement.
The Ad Hoc Committee agreed the immediate need is not there until the Legacy Development, located adjacent to the Transportation Center, begins development along Road 16 and starts to install their curb, gutter & sidewalk.
The Ad Hoc Committee determined once Legacy Development begins and houses are sold, children will need the sidewalk to walk to school and did not want a gap in sidewalk between the development and the school
The Ad Hoc Committee and CUHS also agreed that if the Legacy Development does not occur within 10 years, CUHS will be responsible to complete the deferred improvements.
REASON FOR RECOMMENDATION:
CUHS and the Ad Hoc Committee believe there is a public benefit to defer the improvements as the cost of the overall project are higher than originally estimated and the improvements are not immediately needed. This will allow more funds to be allocated to the project itself.
FISCAL IMPACT:
There is no cost to the City to enter into this agreement. There is a clause in the agreement that states if CUHS does not do the improvements when required, the City can do them and seek reimbursement. That would be the only time there is a fiscal impact.
ALTERNATIVES:
Not approve the agreement and CUHS will be responsible to do the improvements before the City will be able to issue a Certificate of Occupancy.
ACTIONS FOLLOWING APPROVAL:
The City Administrator will sign the related documents and CUHS will take the item to their Board for approval.
COUNCIL RESOLUTION # XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING A DEFERRED IMPROVEMENT AGREEMENT WITH THE CHOWCHILLA UNION HIGH
SCHOOL DISTRICT REGARDING THE CHOWCHILLA HIGH SCHOOL TRANSPORTATION CENTER
AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ALL RELATED DOCUMENTS WHEREAS, Chowchilla Union High School (CUHS) is building a new Transportation Center. As part of the bigger project of a new stadium, the current transportation center needed to be relocated and expanded and
WHEREAS, CUHS and their contractor submitted a site plan for the transportation center which was reviewed by staff and our plan check consultants. As a part of the review, there were conditions of approval established; and
WHEREAS, one of those conditions is new curb, gutter, and sidewalk shall be constructed along the site frontage of Road 16 in accordance with City of Chowchilla Standard Drawings ST-10 & 11; and WHEREAS, CUHS and their contractor met with the Economic Development Ad Hoc Committee and staff to discuss the condition and the possibility of deferring them due to the immediate need and the costs to do the improvement; and
WHEREAS the Ad Hoc Committee agreed the immediate need is not there until the Legacy Development, located adjacent to the Transportation Center, begins development along Road 16 and starts to install their curb, gutter & sidewalk; and
WHEREAS, the Ad Hoc Committee determined once Legacy Development begins and houses are sold, children will need the sidewalk to walk to school and did not want a gap in sidewalk between the development and the school; and
WHEREAS, the Ad Hoc Committee and CUHS also agreed that if the Legacy Development does not occur within 10 years, CUHS will be responsible to complete the deferred improvements; and WHEREAS, CUHS and the Ad Hoc Committee believe there is a public benefit to defer the improvements as the cost of the overall project are higher than originally estimated and the improvements are not immediately needed. This will allow more funds to be allocated to the project itself.
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 Deferred Improvement Agreement is a public benefit.
3. staff will track to timing of the deferred improvements to ensure they are completed per the requirements of the agreement.
4. This resolution takes effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of December, 2024 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
RECORDING REQUESTED BY
City of Chowchilla
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chowchilla
130 South Second Street
Civic Center Plaza
Chowchilla, CA 93610
No Fee Gov. Code, § 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
CITY OF CHOWCHILLA DEFERRED IMPROVEMENT AGREEMENT
CHOWCHILLA UNION HIGH SCHOOL DISTRICT CHOWCHILLA HIGH SCHOOL
TRANSPORTATION CENTER
This Deferred Improvement Agreement (“Agreement”) is made effective [DATE], 2024, by and between the City of Chowchilla, a municipal corporation of the State of California (“City”), and Chowchilla Union High School District, a California public school district (“Developer”), hereinafter collectively referred to as the “Parties” and individually as a “Party.” WHEREAS, Developer is the owner of certain real property with APN 002-300-001-000 in the City of Chowchilla; and
WHEREAS, Developer has applied for and received Site Plan Approval 23-0477 from the City for the development of the Chowchilla High School Transportation Center (“Project”); and WHEREAS, Developer has voluntarily agreed to comply with the City’s zoning ordinance and other City requirements for the Project; and
WHEREAS, Site Plan Approval 23-0477 requires the Developer to construct certain offsite improvements, described as construction of street improvements on Road 16 and Mariposa Avenue which include curb, gutter, sidewalks, ramps, pavement, and street lights, and more specifically described in Exhibit A (“Offsite Improvements”); and WHEREAS, the Parties desire to enter into this Agreement to set forth their respective rights, duties, and obligations concerning the Offsite Improvements.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Offsite Improvements. The Developer shall be solely responsible for the design, construction, and financing of Offsite Improvements, as defined in the recitals and Exhibit A. The Developer shall have complete control over the design of the Offsite Improvements, provided that such design complies with the applicable City ordinances in effect as of the date of execution of this Agreement. The Developer shall have complete control over the construction of the Offsite Improvements, including selection of contractors, subcontractors, and materials, subject to compliance with applicable laws and regulations. The Developer shall have the right and discretion to determine the timing of the construction of the Offsite Improvements, subject to the conditions set forth in section 2 of this Agreement. The Developer shall use reasonable efforts to complete the construction of the Offsite Improvements in a timely manner once construction commences, but in no event later than six months after construction commences. Upon completion of the Offsite Improvements, the Developer shall dedicate the Offsite Improvements to the City, and the City shall accept such dedication, subject to the City’s inspection and approval as described in section 6 of this Agreement.
2. Deferred Improvements and Condition Precedent to Construction. Notwithstanding anything to the contrary in this Agreement, the Developer shall have no obligation to commence construction of the Offsite Improvements until Legacy Ranch, located at APN 002-300-00-000, has begun construction of curbs, gutters, and sidewalks along Road 16 (“Legacy Ranch Improvements”) (“Condition Precedent”). Developer shall begin construction of the Offsite Improvements within six months, following Legacy Ranch being issued an encroachment permit to complete the Legacy Ranch Improvements, so that there shall be no gap on Road 16 between the Offsite Improvements and the Legacy Ranch Improvements. If this condition precedent is not satisfied within ten (10) years from the date of execution of this Agreement, Developer shall be required to commence construction of the Offsite Improvements within six months of the ten (10) year anniversary of the date of execution of this Agreement.
3. Improvement Security. Prior to City’s approval and acceptance of the Offsite Improvements, Developer shall furnish City with security satisfactory to City in accordance with Government Code Section 66499 and Chowchilla Municipal Code Sections 17.40.060 and 17.40.070 for the total cost of the Offsite Improvements.
4. Enforcement. If Developer fails to comply with the obligation to commence construction and/or to complete the Offsite Improvements under this Agreement within ten (10) days following notice of written notice of default to Developer of the terms hereof, then, in addition to any other remedies that may be available by law or in equity, the City may complete the Offsite Improvements and is entitled to reimbursement from Developer for City completion of the Offsite Improvements. Developer may request additional time for completion, which may be granted upon good cause shown in the sole discretion and determination of the City.
5. Warranty Security. Developer shall provide an unconditional guarantee and warranty for the completed Offsite Improvements for one (1) year from the date of City’s notice of completion of the Offsite Improvements. During the one (1) year guarantee period, Developer at its sole cost and expense, shall correct, repair, replace, or reconstruct to the satisfaction of City any and all work, the construction, installation and/or materials which may prove defective, nonconforming or improperly installed, ordinary wear and tear excepted, under and in the same manner as for the Offsite Improvements. Developer shall provide a deposit or letter of credit for the warranty on the Offsite Improvements.
6. Acceptance and Transfer of Offsite Improvements Upon Completion. After acceptance of completion of the Offsite Improvements by City, the Offsite Improvements shall become the property of the City. Upon such acceptance by City, Developer shall be deemed to have conveyed and transferred all of its right, title, and interest in and to the Offsite Improvements to City. Until acceptance of the Offsite Improvements by City as provided herein, all risk of loss or injury, damage or destruction to the work shall be upon Developer.
7. Indemnification. Developer agrees to indemnify, defend, and hold the City, its elective and appointed boards, commissions, officers, agents, employees, and consultants, harmless from and against any and all claims, liabilities, losses, damages, injuries, penalties, fines, judgments, awards, decrees, attorneys’ fees and related costs, and expenses of any kind or nature (collective “Claims”) by a third party arising out of this Agreement, including without limitation Developer’s, or Developer’s contractors’, subcontractors’, agents’, or employees’ acts, omissions, or operations under this Agreement, and the performance of the Offsite Improvements, whether such acts, omissions, or operations are by Developer or any of Developer’s contractors, subcontractors, agents, or employees. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied, or approved plans and/or specifications for the Offsite Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement.
8. Miscellaneous Provisions.
9.1 Integration. This Agreement constitutes the sole, final, complete, exclusive, and integrated expression and statement of the terms of this contract among the Parties concerning the Offsite Improvements addressed herein, and supersedes all prior negotiations, representations, or agreements, either oral or written, that may be related to said Offsite Improvements.
9.2 Construction and Interpretation. The Parties agree and acknowledge that this Agreement has been arrived at through negotiation, and that each Party has had a full and fair opportunity to review and revise the terms of this Agreement.
Consequently, the normal rule of construction and any ambiguities are to be resolved against the drafting Party shall not apply in construing or interpreting this Agreement.
9.3 Waiver. The waiver at any time by any Party of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or matter.
9.4 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal.
9.5 Amendments. This Agreement may be modified or amended only by a subsequent written agreement approved and executed by both Parties.
9.6 Successors and Assigns. This Agreement shall bind and inure to the benefit of the respective successors or assigns of the Parties, except that no assignment or transfer of this Agreement, or any part of it, by Developer shall be valid until approved by the City in writing, which approval shall not be unreasonably withheld.
9.7 Dispute Resolution. If any dispute arises between the Parties relating to this Agreement, the Parties shall first attempt to resolve through informal discussions and negotiations. Either Party may request a meeting to discuss the dispute, and the Parties shall use their best efforts to meet within ten (10) business days of such request. If the dispute is not resolved through the meet and confer process, either Party may request mediation of the dispute. The Parties shall mutually select a mediator within fifteen (15) business days of the request for mediation.
The mediator shall be a retired judge or other experienced mediator mutually acceptable to the Parties. The costs of the mediation shall be borne equally by the Parties. No Party may commence any legal action or proceeding against the other Party relating to this Agreement until the mediation process has been completed.
If the dispute is not resolved through mediation, either Party may initiate litigation in a court of competent jurisdiction.
9.8 Governing Law and Venue. Except as otherwise required by law, this Agreement shall be interpreted, governed by, and construed under the laws of the State of California. The County of Madera shall be venue for any state court litigation.
9.9 Attorney’s Fees. In the event any legal action is brought to enforce or construe this Agreement, the prevailing Party shall be entitled to an award of reasonable attorney’s fees, expert witness and consulting fees, litigation costs and costs of suit.
9.10 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument and will be effective upon execution by all parties.
9.11 Notices. Any notice, demand, invoice, or other communication required or permitted to be given under this Agreement shall be in writing, and either served personally or sent by prepaid, first-class U.S. mail and addressed as follows:
City: City of Chowchilla
Attention: City Administrator
130 S. Second Street Civic Center Plaza
Chowchilla, CA 93610
Developer: Chowchilla Union High School District
Attention: [NAME]
[ADDRESS]
Chowchilla, CA 93610
Either Party may change its address by notifying the other Party in writing of the change of address.
9.12 Government Board Approval and Ratification. This Agreement shall not be effective or binding upon the Developer until it has been approved and ratified by the Developer’s governing board at a duly noticed public meeting.
CITY: DEVELOPER:
By: By:
Name: _____________________________ Name: _____________________________ Title: _____________________________ Title: _____________________________ Date: ______________________________ Date: ______________________________ EXHIBIT A: DESCRIPTION OF OFFSITE IMPROVEMENTS
Engineering Conditions of Approval
1. GENERAL
1.1. The developer shall submit a set of construction plans on 24" x 36" sheets for all required improvements. These plans shall be prepared by a registered civil engineer, and shall include a site grading and drainage plan and an overall site utility plan showing locations and sizes of storm drain pipes, sewer and water mains, laterals, manholes, meters, valves, hydrants, etc. All plans shall be approved by the City and all other involved agencies prior to the release of any development permits.
1.2. Within twenty (20) calendar days after all improvements have been constructed and approved by the City, the developer shall submit to the City of Chowchilla Engineering Division one PDF file on CD and one black and white copy of the approved set of construction plans revised to reflect all field revisions and marked "AS-GRADED/ASBUILT".
1.3. The developer shall comply with, and be responsible for obtaining encroachment permits from the City of Chowchilla for all work performed within the City's right-of-way.
1.4. The developer shall install all off-site improvements in accordance with the City of Chowchilla standards and specifications, and requirements set forth by the City Engineer, for those portions within the City’s right-of-way.
1.5. The developer shall be responsible for all actions of his/her contractors and subcontractors during the course of any work occurring on the site. The developer shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the developer. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the development. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the developer or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the developer’s representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the developer’s expense.
1.6. The developer shall comply with the requirements of the Pacific, Gas and Electric Company (P.G. & E.) and all communications providers. All new utilities shall be underground.
1.7. New curb, gutter, and sidewalk shall be constructed along the site frontage of Road 16 in accordance with City of Chowchilla Standard Drawings ST-10 & 11.
1.8. Any broken or buckled curb, gutter, and/or sidewalk along the site frontage of Road 16 shall be repaired or replaced in kind in accordance with City of Chowchilla Standard Drawings ST-10 & 11.
REPORT TO THE CITY COUNCIL
Item 6.2
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THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: New Business
SUBJECT: A Resolution Approving the Updates to the Downtown Design Guidelines and Accompanied Notice of Exemption
PREPARED BY: Annalisa Perea, AICP, Contract City Planner ATTACHMENTS: 1. Resolution
2. Updates to the Downtown Design Guidelines
3. Notice of Exemption
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY DIRECTOR ☒ PLANNINGN COMMISSION RECOMMENDATION:
At their November 20, 2024 meeting, the Planning Commission voted unanimously to recommend that the City Council adopt a resolution approving the updates to the Downtown Design Guidelines and the accompanied Notice of Exemption.
BACKGROUND:
The City of Chowchilla Downtown Design Guidelines was originally approved by the City Council in June of 2017. The City of Chowchilla, through the efforts of community members, elected officials, and City staff, developed a plan that was meant to serve and reflect the best interests of the community from an aesthetics perspective. The Downtown Design Guidelines are intended to create a positive impact on the physical appearance and function within the downtown core and to accomplish the following objectives:
1. Promote a refreshing and inviting atmosphere in which people live and conduct business, shop, and enjoy entertainment;
2. Create an identifiable sense of place, beauty, and comfort;
3. Enhance community pride;
4. Create an atmosphere that promotes and supports special events;
5. Appeal to a variety of age groups, incomes, and cultures; and,
6. Encourage creativity, architectural diversity, and exceptional design while recognizing the timeless character of existing buildings.
It’s common for community documents to be reviewed over time to ensure that they still meet present day needs. After careful consideration, it was determined by the City Council’s Economic Development Ad Hoc Committee that Section 4.5 “Colors” should be revisited. After careful review, and in consultation with staff, changes to the guidelines were made to ensure that more neutral/subtle colors are used when the facades of Downtown buildings are being updated. There was a desire to avoid bold colors from being allowed. To ensure that any future exterior color modifications reflected neutral/subtle colors as opposed to bold colors, the guideline text was updated, as well as a new recommended color palette was developed, to provide better guidance to building owners to assist them with meeting the intent of the Downtown Design Guidelines (Attachment 2). Additionally, text was added to section 1.3 that added the provision that any project subject to the Downtown Design Guidelines would first have to seek approval from the Chowchilla Downtown Design Review Committee.
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). This update is subject to CEQA Guidelines section 15061, which states that “The activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
REASON FOR RECOMMENDATION:
The proposed changes are recommended by the City Council’s Economic Development Ad-Hoc Committee in conjunction with staff.
FISCAL IMPACT:
None.
ACTIONS FOLLOWING APPROVAL:
None.
COUNCIL RESOLUTION # XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING THE UPDATES TO THE DOWNTOWN DESIGN GUIDELINES ALONG WITH THE
NOTICE OF EXEMPTION AS SET FORTH IN THE RESOLUTION
WHEREAS, the City of Chowchilla Downtown Design Guidelines was originally approved by the City Council in June of 2017; and,
WHEREAS, the Downtown Design Guidelines are intended to create a positive impact on the physical appearance and function within the downtown core and to accomplish the objectives outlined within the Plan; and,
WHEREAS, it’s common for community documents to be reviewed over time to ensure that they still meet present day needs; and,
WHEREAS, after careful consideration, it was determined by the City Council’s Economic Development Ad Hoc Committee that Section 4.5 “Colors” should be revisited and after careful review, and in consultation with staff, changes to the guidelines were made to ensure that the future painting of Downtown facades would consist of more neutral/subtle colors were used; and, WHEREAS, to ensure that any future exterior color modifications reflected neutral/subtle colors as opposed to bold colors, the guideline text was updated, as well as a new recommended color palette was developed, to provide better guidance to building owners to assist them with meeting the intent of the Downtown Design Guidelines; and,
WHEREAS, additionally, text was added to section 1.3 that added the provision that any project subject to the Downtown Design Guidelines would first have to seek approval from the Chowchilla Downtown Design Review Committee; and,
WHEREAS, the Planning Commission, at a duly noticed public hearing on November 20, 2024 voted to recommend that the City Council approve the amendments.
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. That the City Council of the City of Chowchilla hereby finds and determines that there is no substantial evidence in the records to indicate that the amendments would have a significant effect on the environment as identified by and evaluated with a Notice of Exemption.
3. That the City Council of the City of Chowchilla approves the updates to the Downtown Design Guidelines as depicted in Attachment 2.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of December, 2024 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
ATTACHMENT 2 – Updates to Downtown Design Guidelines
ATTACHMENT 3 – Notice of Exemption
REPORT TO THE CITY COUNCIL
Item 6.3
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TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: New Business
SUBJECT: A City Council Resolution Declaring the Results of the General Municipal Election Held on Tuesday, November 5, 2024
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, Official Result Summary, Certificates of Election
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the City Council adopt the resolution approving the canvass of the November 5, 2024 Election.
BACKGROUND:
Attached for Council review is a resolution approving the election results, the Official Canvass and Certification of Election Results by the County Clerk.
REASON FOR RECOMMENDATION:
Per Section 10263 of the California Elections Code:
“Upon the completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the election and the other matters that are enumerated in Section 10264.
The governing body shall declare elected the persons for whom the highest number of votes were cast for each office.
(a) Except as provided in subdivision (b), the governing body shall meet at its usual place of meeting no later than the fourth Friday after the election to declare the results and to install the newly elected officers.
(b) For a consolidated election, the governing body shall meet at its usual place of meeting no later than the next regularly scheduled city council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers.”
FISCAL IMPACT:
None.
COUNCIL RESOLUTION # XX-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA,
DECLARING RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2024
WHEREAS, a General Municipal Election was held and conducted in the City of Chowchilla on Tuesday, the 5th of November, 2024, in consolidation with the Statewide General Election, as required by the California Elections Code and the City of Chowchilla Municipal Code; and
WHEREAS, notice of said election was duly and regularly given as required by law, voting precincts were properly established and election officers were duly and regularly appointed and election supplies furnished, and in all respects said election was held and conducted, the votes cast were received and canvassed, and the return thereof made, determined and declared in the time, form and manner required by law regulating and controlling such elections; and
WHEREAS, the qualified electors cast ballots at said election for District 3 and District 4 Council Members for a full term of four (4) years, and Mayor at Large for a term of two (2) years; and
WHEREAS, a canvass of the returns of said elections was made by the Registrar of Voters of Madera County; and
WHEREAS, the City Council of the City of Chowchilla met in the regular meeting place of the Council on the 10th day of December, 2024, to declare the results of said election in compliance with Section 10263 of the California Elections Code; and WHEREAS; the City Council finds as a result of said canvass that the number of votes cast, the names of the persons voted for, and other matters required by law are as hereinafter stated.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:
1. A General Municipal Election was held and conducted in this City on Tuesday, November 5, 2024, at the time and in the form and manner required by law.
2. There was 1 consolidated precinct established for the purpose of holding said election.
3. The total number of ballots cast at said election for candidates for Mayor was 4,104:
Josh D. Moore 1,998
Kelly Bruce Smith 2,106
4. The total number of ballots cast at said election for District 3 Council Member was 622:
John Chavez 622
5. The total number of ballots cast at said election for District 4 Council Member was 1,243:
Ray Barragan 1,243
BE IT FURTHER RESOLVED, that at said election, the following persons were elected to the office of:
Kelly Bruce Smith, Mayor at Large, for a full term of two years from and after December 2026 and until his successor is elected and qualified.
John Chavez, District 3 Council Member, for a full term of four years from and after December 2028 and until his successor is elected and qualified.
Ray Barragan, District 4 Council Member, for a full term of four years from and after December 2028 and until his successor is elected and qualified.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 10th day of December, 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 6.4
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TO RETURN TO
THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: New Business
SUBJECT: Oaths of Office – Council Members Ray Barragan and John Chavez & Mayor Kelly Smith
PREPARED BY: Joann McClendon, CMC, City Clerk
ATTACHMENTS: Oaths of Office
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ This is the time in which the City Clerk administers the Oath of Office to incoming Council Members and Mayor.
REPORT TO THE CITY COUNCIL
Item 6.5
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THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: New Business
SUBJECT: City Council Reorganization – Election of Mayor Pro Tem PREPARED BY: Joann McClendon, City Clerk
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Staff recommends that the election of the Mayor Pro Tem be held.
HISTORY / BACKGROUND:
Since moving to a 4-district and mayor at large elections, the City will no longer elect the Mayor from amongst the council members. However, the Council Members must still select who will be the Mayor Pro Tem. While Chowchilla’s Municipal Code is silent on the election of the Mayor Pro Tem, the City’s practice is that every year there is an election of Mayor Pro Tem among the Council Members.
The Mayor Pro Tem shall be elected by the Council and serve at the pleasure of the Council. The Mayor Pro Tem shall perform the duties of the Mayor whenever the Mayor is absent or is unable to perform such duties.
Reorganization Procedure:
The City Clerk holds the election for the Mayor Pro Tem. This process includes the following:
1) The City Clerk declares that the nominations are open for the office of Mayor Pro Tem. 2) The City Clerk accepts nomination(s) from the Council Members. You may nominate more than one person for a position and you may nominate yourself for a position. 3) When there are no further nomination(s), the City Clerk will close the nominations and take a roll call vote.
4) If there is more than one nomination, a vote will be taken in last name alphabetical order of the nominations.
You may vote for more than one person for the position.
If a tie occurs there will be a runoff vote. If more than one person is nominated, and during the roll call vote the first nomination receives the majority vote the election is complete. Following the vote(s), the City Clerk declares the Mayor Pro Tem elected.
FINANCIAL IMPACT
None.
REPORT TO THE CITY COUNCIL
Item 6.6
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THE AGENDA
Meeting of: December 10, 2024
AGENDA SECTION: New Business
SUBJECT: Council Member Appointments Made by the Mayor to Collaborative Agencies
PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: 2024 Appointments
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
That the Mayor selects the collaborative agency appointments.
BACKGROUND:
Council Members sit on collaborative agencies and committees such as the Madera County Local Agency Formation Commission (LAFCO) and Community Action Partnership (MADCAP). There are two agencies that provide a stipend per meeting: Madera County LAFCO and the Madera County Transportation Commission. There are also several agencies that are required to submit a Form 700. A City Selection Committee will take who the Mayor “nominates” to certain Committees such as RAN and LAFCO and either accept or decline the nomination.
REASON FOR RECOMMENDATION:
This is a routine action that occurs annually.
FISCAL IMPACT:
There is no financial impact to the City.
ACTIONS FOLLOWING APPROVAL:
Once the Council Members are appointed, the City Clerk updates the appointments list for distribution to the Council, notifies each collaborative agency of the appointments and coordinates with the agency clerk any paperwork required by the Fair Political Practices Commission (FPPC) thereafter.
City of Chowchilla
LONG TERM - COLLABORATIVE AGENCIES COMMITTEES (2024)
COLLABORATIVE AGENCIES COUNCIL MEMBER
COMMITTEE NAME CONTACT FPPC Filing
Required? DATE/TIME & LOCATION PRIMARY ALTERNATE
SAN JOAQUIN VALLEY UNIFIED AIR
POLLUTION CONTROL DISTRICT
CITIZENS ADVISORY COMMITTEE (CAC)
Michelle Franco
[email protected]
559-230-6038
NO
1st Tuesday - 10:00am
Meets at: Central Region Office
Governing Board Room 1990 E.
Gettysburg Ave., Fresno
Jeff Troost Kelly Smith
Advisory Board to the Board Directors of the SJVUAP District. APPOINTMENT MADE BY CITY SELECTION COMMITTEE.
LOCAL AGENGY FORMATION COMMISSION
(LAFCO)**
Karen Scrivner, Clerk of the Board
[email protected]
559-675-7700
YES
4th Wednesday - 6:0pm
2037 W. Cleveland Ave. MS-G
Madera, CA
Waseem Ahmed Kelly Smith
Reviews and considers final action in all countywide annexations of land as it relates to cities & districts in the County. APPOINTMENT MADE BY CITY SELECTION COMMITTEE.
MADERA CO ECONOMIC DEV COMMISSION Kristina Gallagher, Executive Director 675-7768 YES
2nd Wednesday - 3:00pm January,
April, July, October
2425 W. Cleveland Ave. Ste. 101
Madera
Waseem Ahmed Kelly Smith
MADERA CO ECONOMIC DEV COMMISSION -
EXECUTIVE BOARD
Kristina Gallagher, Executive
Director 675-7768 YES
2nd Wednesday – 3:00pm Monthly
2425 W. Cleveland Ave. Ste. 101
Madera
Waseem Ahmed Kelly Smith
City Appointment that watches over our contribution as a Joint Powers member in the EDC. One Council Member and alternated required as part of the agreement.
MADERA COUNTY COALITION **ON HOLD** Karen Scrivner, Clerk of the Board [email protected]
559-675-7700
NO 1st Monday - 7:00am
Farnesi's Restaurant, Madera John
Chavez
Ray Barragan
Mayor and Mayor Pro Tem are encouraged to attend. Representatives from the cities of Madera and Chowchilla w/ Madera Co Board and other administrators/representatives in the County to discuss joint issues.
COMMUNITY ACTION PARTNERSHIP OF
MADERA COUNTY Cristal Sanchez
(559) 673-9173 YES
2nd Thursday - 5:30pm
Meets at: 1225 Gill Avenue, Madera
93637
Jeff Troost John Chavez
Nonprofit corporation with joint efforts by the Madera County Board of Supervisors and a Bd of Directors representing elected officials, low income, labor, business, education, religion, and other major private organizations to address social programs and services for individuals and families in the community.
CITIZEN'S PRISON ADVISORY COMMITTEE
Carmen Muroney CCWF/Attn: Warden's
Office/PO Box 1501 NO
2nd Tuesday - 3:00pm
Even months Only
Valley State Prison for Women
Kelly Smith Jeff Troost
Council and Staff advisory regarding issues and concerns that affect the institutions and the community. The public may attend.
City of Chowchilla
COMMITTEE NAME CONTACT FPPC Filing
Required? DATE/TIME & LOCATION PRIMARY ALTERNATE
MADERA CO. RAN BOARD
Karen Scrivner, Clerk of the Board
[email protected]
559-675-7700
YES
3rd Wednesday - 2:30pm
County of Madera
200 West 4th Street , Madera
Kelly Smith Jeff Troost
The Madera County CAL-ID Remote Access Network Board was established through Penal Code and Vehicle Code sections that allow for $1 in additional Vehicle License Fees (VLF) to be collected to establish fingerprint identification networks at a county level. APPOINTMENT MADE BY CITY SELECTION COMMITTEE.
CHOWCHILLA CHAMBER OF COMMERCE Rachael Beard, Manager
559-665-5603 NO
2nd Wednesday - 12:00pm
Meets at: Civic Center Public
Training Room
Ray Barragan Jeff Troost
City Representative to the Chamber of Commerce
CWD-Red Top-City JPA **on hold** Doug Welch, Chowchilla Water District 665-3747; PO Box 905/327 S. Chowchilla Blvd. NO As Needed; No less than annually Jeff Troost Ray Barragan Joint Powers Authority with between the City of Chowchilla, Chowchilla Water District, and Red Top Water District. Discussion of groundwater issues regarding abundance/depletion.
MCTC/LTA/MPO (County Trans Comm)**
Patricia Taylor
559-675-0721
559-675-9328 FAX
YES
2001 Howard Road, Ste 201,
2nd Floor - Citizens' Bank
Madera
Waseem
Ahmed
Jeff Troost
Countywide municipal planning organization for transportation, roads, infrastructure.
LEAGUE OF CA CITIES - CENTRAL DIVISION
EXECUTIVE BOARD
Stephen Qualls, Cen Valley Regional Public Affairs
Manager (209) 614-0118; Fax (209)883-0653 NO 2nd Thursday - 7:00pm Meets at: Location rotates John Chavez Waseem Ahmed LOCC Central Valley Division has an Exec Board that meets to give guidance to the general populace as it relates to legislations, dues, and other items as they arise. City Administrator is assigned as alternate if Council Member not available.
San Joaquin Valley Regional Early Action
Planning Committee for Housing (REAP)
Karen Scrivner, Clerk of the Board
[email protected]
559-675-7700
NO Jeff Troost Kelly Smith
Countywide municipal planning organization for transportation, roads, infrastructure. APPOINTMENT MADE BY CITY SELECTION COMMITTEE. **Denotes which Committees provide monetary stipends.