Agenda, joint meeting — Chowchilla City Council, January 28, 2025

AGENDA
City Council / Redevelopment Successor Agency
Joint Meeting Council Chamber, Chowchilla City Hall
130 S. 2nd Street, Chowchilla, CA 93610
Tuesday, January 28, 2025
Closed Session: 3:00 p.m. | 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 $500 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: Jeff Troost
Council Members: Waseem Ahmed, Ray Barragan, John Chavez City staff and contract employees present will be recorded in the minutes.

CONSIDERATION OF APPROVAL OF AGENDA (Additions and/or Deletions):

PUBLIC ADDRESS – CLOSED SESSION
This time is reserved for members of the audience to address the City Council on items listed on the Closed Session agenda only. It is recommended that speakers limit their comments to no more than 3 minutes each.

CLOSED SESSION – 3:00 PM

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Attorney
OPEN SESSION – 4:00 PM
CLOSED SESSION REPORT:

PLEDGE OF ALLEGIANCE
INVOCATION:

City Council Meeting AGENDA January 28, 2025
PRESENTATIONS/WORKSHOP - Section 1
None.

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

It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda. Speakers are not allowed to cede their public comment time.

Members of the public who are joining the meeting via Zoom and would like to address the Council on items on the agenda should follow the policy on page 4 of this agenda packet.

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

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

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc

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

3.1 Approval of the December 10, 2024 City Council Meeting Minutes (McClendon)

3.2 Consideration and Acceptance of the December 2024 Budget Report (Williams)

3.3 Consideration and Acceptance of the Quarterly Financial Investment Report (Williams)

3.4 a) Consideration and Adoption of a City Council Resolution Approving the Annual Recognized Obligation Payment Schedule for the Period from July 1, 2025 Through June 30, 2026 on Behalf of the Successor Agency of the Chowchilla Redevelopment Agency; and
b) Consideration and Adoption of a Redevelopment Successor Agency Resolution Approving the Annual Recognized Obligation Payment Schedule for the Period from July 1, 2025 Through June 30, 2026 (Williams)

3.5 Consideration and Adoption of a City Council Resolution Accepting Improvements and Authorizing Filing of the Notice of Completion for the Robertson/Kings & Robertson/Trinity Alley Paving Project, Federal Project No. CML-5258(041) (Rogers)

3.6 Informational Item – Quarterly Project Management Update (McClendon)

3.7 Consideration and Approval of an Agreement with Lozano Smith for Continued Legal Services (Pruett) (Agreement will be provided after Closed Session) City Council Meeting AGENDA January 28, 2025

3.8 Consideration and Adoption of a City Council Resolution Approving Sports League Facility Use Agreements with Chowchilla Adult Recreation, Chowchilla Community Soccer League, Chowchilla Union High School, Chowchilla Flag Football, Chowchilla Girls Softball, and Chowchilla Little League (Wisener)

3.9 Consideration and Adoption of a City Council Resolution Declaring Certain Unused City Property as Surplus and Authorizing Staff to Dispose of by Sale at Auction (Rogers)
PUBLIC HEARINGS – Section 4
None.

DEFERRED BUSINESS – Section 5

5.1 Consideration and Adoption of a City Council Resolution Approving the Updates to the Downtown Design Guidelines and Accompanied Notice of Exemption (Perea) NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution to Approve a Budget Amendment and Distribute a Financial Contribution to the Chowchilla Western Stampede to Support the Organizations Efforts to Continue the Historic Cattle Drive and Authorizing the City Administrator or Designee to Execute Related Documents Thereto (Wisener)
ANNOUNCEMENTS – Section 7
FEB 11 CITY COUNCIL MEETING, COUNCIL CHAMBER, 4PM
FEB 19 PLANNING COMMISSION MEETING, COUNCIL CHAMBER, 5PM FEB 28 ANNUAL CATTLE DRIVE, ROBERTSON BLVD., 9AM

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 23rd day of January, 2025 at or before 5:00pm.

Joann McClendon, CMC, City Clerk
January 28, 2025 City Council Meeting – 3pm Closed Session | 4pm Open Session

ZOOM LOGIN INSTRUCTIONS
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To participate by phone:

Dial 1-669-444-9171
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Passcode: 221 143
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Item 3.1

CLICK HERE

TO RETURN TO

THE AGENDA

MINUTES
City Council / Redevelopment Successor Agency
Joint Meeting Council Chamber, Chowchilla City Hall
130 S. 2nd Street, Chowchilla, CA 93610
Tuesday, January 14, 2025
Closed Session: 3:00 p.m. | Open Session: 4:00 p.m.

CALL TO ORDER/ROLL CALL at 3:02 p.m.

Mayor: Kelly Smith
Mayor Pro Tem: Jeff Troost
Council Members: Waseem Ahmed, Ray Barragan, John Chavez City staff and contract employees present: City Administrator Rod Pruett, City Attorney Mary Lerner, Police Chief Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Jason Rogers, Finance Director Kerri Williams, Deputy Director of Recreation & Community Engagement Stacy Wisener, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon

CONSIDERATION OF APPROVAL OF AGENDA
Additions and/or Deletions: None.

PUBLIC ADDRESS – CLOSED SESSION
None.

CLOSED SESSION – 3:03 PM

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

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Administrator
OPEN SESSION – 4:00 PM
CLOSED SESSION REPORT: No reportable action.

PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Pruitt
PRESENTATIONS/WORKSHOP - Section 1

1.1 Mid Valley Disposal Annual Update & Recycler of the Year Award – Billy Hansen

PUBLIC ADDRESS
Kristina Gallagher, the new Executive Director for Madera County EDC, introduced herself to the council.

City Council Meeting MINUTES January 14, 2025
Nathan Alonzo, PG&E Representative, addressed the council regarding rates and local issues.

Vanessa Berazza field representative for Assembly Member Soria, introduced herself to council.

Steve Branco, Western Stampede, addressed the council regarding the event’s insurance premium increase for their annual stampede and requested the City’s financial assistance.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
Mayor Pro Tem Troost attended a CAC Valley Air Board and CAPMC meeting.

Council Member Barragan attended the Stampede dinner.

Council Member Ahmed attended a Madera County Economic Development Commission meeting.

Mayor Smith also attended the Stampede dinner and Community Task Force meeting..

2.2 STAFF VERBAL REPORTS
Police Chief Palmer went over departmental stats since the last council meeting. He read into record a statement regarding recent public safety incidents and what the PD is allowed to report out to the public.

Fire Chief Gaumnitz went over 2024 departmental stats, noting the rising daily averages. He thanked the Volunteer Firefighters for their dedication.

Public Works Director Rogers reported that his staff took down the Christmas decorations and tree at Veterans Park. He attended SR 99/233 Chowchilla Interchange Project update meeting.

The Right-of-Way limits have been set and Caltrans will begin the process to acquire the ROW.

The ROW acquisition will be near the northbound off-ramp. As stated at the previous council meeting, the Local Participation Program (LPP) grant application for the project was completed and submitted to the State. Yesterday, MCTC stated that the State is expected to announce awards in June 2025; the last time it was mentioned, Spring was the estimated timeframe so he wanted provide that update. City staff installed a new speed feedback radar sign on Howell Rd for those entering from the County. Additionally, we are going to be installing another sign on Washington Rd. for those coming in from the County. The Fairmead Sewer Consolidation Project High Speed Rail reimbursement agreement is nearly complete. It is being circulated for signatures so we should have the fully executed agreement soon.

Finance Director Williams updated the council regarding the annual audit. She completed one of State Controller and CEDIAC reports. Staff has been updating the payroll system in relation to open enrollment changes as well as all of the federal and state tax updates. She will b sending out budget worksheets to all the department for mid-year budget.

Deputy Director of Recreation & Community Engagement Wisener thanked the council for having the week off for Christmas break. Before the holiday season, she visited the Senior Center and handed out City swag as a small gesture and was well received. There are many website updates and continuing to connect with the community through social media and newsletters. She will bring all of the facility use agreements to the next council meeting for consideration. A new program called the Kiddos Workshop will be held at the Ed Ray Park building periodically. Busy preparing for the Easter event and beginning to look at bands and City Council Meeting MINUTES January 14, 2025
movies for the summer events program. Additionally, planning the annual employee picnic gathering.

IT System Administrator Berrocal has been working with the current phone system carrier to update it citywide.

City Administrator Pruett noted that AutoZone will be getting their PG&E sooner than anticipated; met with FAA representative with Jason to assist with the white buildings issue; working on Rancho Calera Specific CFD; regarding the High Speed Rail reimbursement agreement, it has been signed by the city; next week he will be at the Mayors and City Council Seminar in Sacramento; labor negotiations will start up soon as the current MOU’s expire June 30, 2025.

CONSENT CALENDAR – Section 3

3.1 Approval of the December 10, 2024 City Council Meeting Minutes (McClendon)

3.2 Approval of the December 20, 2024 Special City Council Meeting Minutes (McClendon)

3.3 Consideration and Acceptance of the December 2024 Check Register (Williams)

3.4 Consideration and Adoption of a City Council Ordinance (524-25) Approving a Text Amendment Modifying Chapter 9.07 – Food Truck Vendor and the Accompanied Notice of Exemption (Perea)

3.5 Consideration and Adoption of a City Council Ordinance (525-25) Amending the Chowchilla Municipal Code Section 18.56 – Signs and Outdoor Advertising Structures, and the Accompanied Notice of Exemption (Perea)

3.6 Consideration and Adoption of a City Council Resolution (01-25) Approving the Continued Use of Office Space Within the Civic Center by the Madera County Action Partnership to House a Victim Services Advocate (McClendon)

3.7 Consideration and Acceptance of the November 2024 Financials Report (Williams)

3.8 Consideration and Acceptance of the Quarterly Fee Waiver Report (Pruett) Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Troost to Approve the Consent Calendar as Presented. Motion passed by roll call vote.

PUBLIC HEARINGS – Section 4

4.1 Consideration and Adoption of City Council Resolution (02-25) Accepting the Annual Report on Development Impact Fees for Fiscal Year 2023/2024 and Making Certain Findings Related Thereto (Williams)
Mayor Smith opened the public hearing at 4:47 p.m. No one came forward for or against the item.

Mayor Smith closed the public hearing at 4:47 p.m.

Motion by Council Member Chavez, Seconded by Council Member Barragan to Approve City Council Resolution #02-25, Accepting the Annual Report on Development Impact Fees for Fiscal Year 2023/2024 and Making Certain Findings Related Thereto. Motion passed by roll call vote.

City Council Meeting MINUTES January 14, 2025
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6

6.1 Consideration of Planning Commission and Airport Advisory Committee Appointments (McClendon)
Motion by Council Member Barragan, Seconded by Council Member Ahmed to Appoint: Tricia Plascencia and Timothy Coelho to the Planning Commission. Motion passed by roll call vote.

Motion by Council Member Barragan, Seconded by Council Member Ahmed to Appoint Paul Kelly and Michael Wallen to the Airport Advisory Committee. Motion passed by roll call vote.

6.2 Consideration and Adoption of a City Council Resolution to Approve a Budget Amendment and Distribute a Financial Contribution to the Chowchilla District Chamber of Commerce for the 2025 Calendar Year (Wisener) It was the consensus of the Council to table the item and bring it back after the Chamber Director meets with two Council Members.

6.3 Consideration and Adoption of a City Council Resolution (03-25) Authorizing the Disposal of Surplus City Property in the Form of Donating a 2020 Ford Explorer Police Interceptor to the Chowchilla Union High School Public Safety Department (Palmer) Motion by Mayor Pro Tem Troost, Seconded by Council Member Ahmed to Approve City Council Resolution #03-25, Authorizing the Disposal of Surplus City Property in the Form of Donating a 2020 Ford Explorer Police Interceptor to the Chowchilla Union High School Public Safety Department. Motion passed by roll call vote.

ANNOUNCEMENTS – Section 7
JAN 15 PLANNING COMMISSION MEETING, COUNCIL CHAMBER, 5PM JAN 20 MARTIN LUTHER KING HOLIDAY, CITY OFFICES CLOSED
JAN 25 KIDDOS CRAFT WORKSHOP, ED RAY PARK BUILDING, 10AM – 1PM JAN 25 CHOWCHILLA CHAMBER OF COMMERCE ANNUAL AWARDS DINNER JAN 28 CITY COUNCIL MEETING, COUNCIL CHAMBER, 4PM

ADJOURNMENT
Mayor Smith closed the January 14, 2025 City Council meeting at 5:21 p.m. in memory of Matthew Zimmer.

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: January 28, 2025
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: December 2024 Budget vs Actual and Balance Sheet

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

Approve the December 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 50%.

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 November’s payment. Sales tax is our 2nd largest revenue.

Police Department- Budgeted revenue is from school reimbursements for SRO service. 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 the project is now finished. 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
All departments expenses are within the normal range or better right now ALTERNATIVES:

Pull the item for further discussion
ACTIONS FOLLOWING APPROVAL:

None
1/13/2025 8:21:11 AM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2024-2025 Period Ending: 12/31/2024
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 10,268,367.00 212,076.21 1,119,246.90 -9,149,120.10 89.10% Expense 292,415.00 292,415.00 0.00 10,222.91 282,192.09 96.50% Dept: 1600 - General Administration Surplus (Deficit): 9,975,952.00 9,975,952.00 212,076.21 1,109,023.99 -8,866,928.01 88.88% Dept: 1605 - City Council
Revenue 1,775.00 1,775.00 284.40 1,564.20 -210.80 11.88% Expense 104,452.00 106,468.00 2,396.99 25,835.64 80,632.36 75.73% Dept: 1605 - City Council Surplus (Deficit): -102,677.00 -104,693.00 -2,112.59 -24,271.44 80,421.56 76.82% Dept: 1610 - City Clerk
Revenue 0.00 81.78 0.00 81.78 0.00 0.00%
Expense 347,984.00 347,984.00 16,504.20 120,316.02 227,667.98 65.42% Dept: 1610 - City Clerk Surplus (Deficit): -347,984.00 -347,902.22 -16,504.20 -120,234.24 227,667.98 65.44% Dept: 1615 - City Attorney
Expense 300,000.00 336,000.00 22,035.72 190,149.23 145,850.77 43.41% Dept: 1615 - City Attorney Total: 300,000.00 336,000.00 22,035.72 190,149.23 145,850.77 43.41% Dept: 1705 - General Services
Revenue 0.00 217.98 0.00 6,863.47 6,645.49 3,048.67%
Expense 2,068,037.00 2,068,037.00 135,574.21 956,187.91 1,111,849.09 53.76% Dept: 1705 - General Services Surplus (Deficit): -2,068,037.00 -2,067,819.02 -135,574.21 -949,324.44 1,118,494.58 54.09% Dept: 1710 - City Administration
Revenue 0.00 81.78 0.00 81.78 0.00 0.00%
Expense 456,792.00 456,792.00 19,233.51 150,226.43 306,565.57 67.11% Dept: 1710 - City Administration Surplus (Deficit): -456,792.00 -456,710.22 -19,233.51 -150,144.65 306,565.57 67.12% Dept: 1712 - City Property - Rents
Revenue 165,262.00 165,262.00 7,861.45 89,761.44 -75,500.56 45.69% Expense 53,395.00 53,395.00 0.00 21,336.64 32,058.36 60.04% Dept: 1712 - City Property - Rents Surplus (Deficit): 111,867.00 111,867.00 7,861.45 68,424.80 -43,442.20 38.83% Dept: 1720 - Finance Department
Revenue 19,348.00 19,724.00 196.00 4,239.90 -15,484.10 78.50% Expense 918,252.00 918,252.00 54,802.56 361,991.10 556,260.90 60.58% Dept: 1720 - Finance Department Surplus (Deficit): -898,904.00 -898,528.00 -54,606.56 -357,751.20 540,776.80 60.18% Dept: 2610 - Police Department
Revenue 1,691,430.00 1,883,723.21 7,276.36 328,421.41 -1,555,301.80 82.57% Expense 6,063,553.00 6,283,416.40 289,442.73 2,317,482.47 3,965,933.93 63.12% Dept: 2610 - Police Department Surplus (Deficit): -4,372,123.00 -4,399,693.19 -282,166.37 -1,989,061.06 2,410,632.13 54.79% Dept: 2705 - Fire Department
Revenue 5,500.00 5,549.04 0.00 4,671.91 -877.13 15.81%
Expense 393,380.00 394,628.77 19,949.32 152,762.76 241,866.01 61.29% Dept: 2705 - Fire Department Surplus (Deficit): -387,880.00 -389,079.73 -19,949.32 -148,090.85 240,988.88 61.94% Dept: 4705 - Community & Economic Development
Revenue 590,804.00 621,521.98 56,137.01 429,842.43 -191,679.55 30.84% Expense 1,173,295.00 1,203,795.00 44,106.62 407,758.37 796,036.63 66.13% Dept: 4705 - Community & Economic Development Surplus (Deficit): -582,491.00 -582,273.02 12,030.39 22,084.06 604,357.08 103.79% 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 25,504.00 501.17 12,279.92 13,224.08 51.85% Dept: 6610 - Community Pool (OLD) Surplus (Deficit): -24,004.00 -23,786.02 -501.17 -10,668.94 13,117.08 55.15% Budget Report For Fiscal: 2024-2025 Period Ending: 12/31/2024 1/13/2025 8:21:11 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
Revenue 0.00 0.00 0.00 1,251.74 1,251.74 0.00%
Expense 43,560.00 43,560.00 45.00 4,852.13 38,707.87 88.86% Dept: 6615 - Senior Services Surplus (Deficit): -43,560.00 -43,560.00 -45.00 -3,600.39 39,959.61 91.73% Dept: 6620 - Parks & Facilities
Revenue 198,847.00 198,961.36 0.00 6,623.59 -192,337.77 96.67% Expense 885,598.00 885,598.00 38,100.45 279,579.21 606,018.79 68.43% Dept: 6620 - Parks & Facilities Surplus (Deficit): -686,751.00 -686,636.64 -38,100.45 -272,955.62 413,681.02 60.25% Dept: 6625 - Community Relations
Revenue 22,500.00 30,166.58 -644.78 11,706.15 -18,460.43 61.19% Expense 238,224.00 247,739.00 13,914.31 121,965.72 125,773.28 50.77% Dept: 6625 - Community Relations Surplus (Deficit): -215,724.00 -217,572.42 -14,559.09 -110,259.57 107,312.85 49.32% Report Surplus (Deficit): -399,108.00 -466,434.48 -373,420.14 -3,126,978.78 -2,660,544.30 -570.40% Budget Report For Fiscal: 2024-2025 Period Ending: 12/31/2024 1/13/2025 8:21:11 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 -466,434.48 -373,420.14 -3,126,978.78 -2,660,544.30 Report Surplus (Deficit): -399,108.00 -466,434.48 -373,420.14 -3,126,978.78 -2,660,544.30 1/13/2025 8:17:59 AM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 12/31/2024
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 93,823.58
100-0100-0221 A/R - Non Governmental 2,590.08
100-0100-0222 A/R - Intergovernmental 142,758.91
100-0100-0224 A/R MODULE ONLY RECEIVALBLES 246,623.47
100-0100-0225 Accounts Receivable-RDA -24.89
100-0100-0226 Advance to Other Funds 389,382.82
100-0100-0227 Liens Receivables General Fund 140,276.38 100-0100-0228 Pending Charges or Refunds -1.00
100-0100-0230 Accounts Receivable-Utilities 30.00
100-0100-0291 Prepaid Expenses 15,041.25
100-0100-1900 Claim On Cash 7,752,884.74
Total Assets: 8,786,475.39 8,786,475.39
Liability
100-0200-0422 Bonds for Work-Refundable 1,500.00
100-0200-0425 Use Sale Tax 3,497.46
100-0200-0480 Deferred Revenue 151,425.73
100-0200-0482 Unavailable Lease Revenue 50,823.48
100-0200-2901 Accounts Payable Pending 152,690.19
Total Liability: 359,936.86
Equity
100-0300-0601 Fund Balance 10,246,696.80
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 389,382.82
100-0300-0615 SB1186 6,975.19
Total Beginning Equity: 11,553,517.31
Total Revenue 2,005,967.68
Total Expense 5,132,946.46
Revenues Over/Under Expenses -3,126,978.78
Total Liabilities, Equity and Current Surplus (Deficit): 8,786,475.39 Total Equity and Current Surplus (Deficit): 8,426,538.53 Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA

REPORT TO THE CITY COUNCIL
Meeting of: January 28, 2025
AGENDA SECTION: Consent
SUBJECT: Presentation of Quarterly Financial Investment Report PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: See Attached

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

Review the Quarterly Financial Investment Report
BACKGROUND:

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

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

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

REASON FOR RECOMMENDATION:

N/A
FISCAL IMPACT:

The US Treasury Securities Custodial Account has a fair market value of $11,937,003 and for the last quarter recognized $171,718 in investment earnings, which includes accrued interest and amortized discount. Accrued interest is interest that has been earned but not yet paid. During the period from October 1, 2024 through December 31, 2024, the City earned accrued interest of $62,508. Amortized discount represents that portion of any discount that has been earned, but not yet paid. As of December 31, 2024, the portfolio’s amortized discount was $109,210. In September 2024, based off of the current rates we made the decision to not re-invest $2M and transfer into the Tri Counties Money Market account as our return would be higher.

Interest is allocated to all funds that have a positive cash balance. As December 31, 2024, the City has $12,934,264 in LAIF and for the last quarter received $152,164 in interest. Interest is allocated to all funds that have a positive cash balance. In October 2024, we transferred $2M to Tri Counties Money Market as the interest we would be earning would have a better return than LAIF.

As of December 31, 2024, the City has $6,173,659 in Tri Counties Money Market and for the last quarter received $43,363 in interest. Tri Counties Bank did not include interest on December’s statement. After speaking with them, this will be added to the January or February Statement.

ALTERNATIVES:

N/A
ACTIONS FOLLOWING APPROVAL:

N/A
MALIA M. COHEN
California State Controller

LOCAL AGENCY INVESTMENT FUND

REMITTANCE ADVICE
Agency Name CHOWCHILLA
Account Number 98-20-153
As of 01/15/2025, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 12/31/2024.

Earnings Ratio .00012664187216722
Interest Rate 4.62%
Dollar Day Total $ 1,201,527,845.00
Quarter End Principal Balance $ 12,782,100.17
Quarterly Interest Earned $ 152,163.74
To Rod Pruett and Kerri Williams, City of Chowchilla
From Bud Levine and Rob Pankratz, Wulff, Hansen & Co.

Date January 15, 2025
Subject Quarterly Portfolio Earnings: October 1, 2024 through December 31, 2024 During the period from October 1, 2024 through December 31, 2024, the City held the following U.S. Treasury securities in its portfolio during all or a portion of the period:

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

Quarterly Book Earnings
During the period from October 1, 2024 through December 31, 2024, the City’s portfolio of U.S. Treasury securities had book earnings of $171,718 which is equivalent to an annualized book yield of 4.81%. By comparison, during the same period the average daily yield paid on deposits in the Local Agency Investment Fund (LAIF) was 4.48%.

Quarterly book earnings of $171,718 included the following:
• $62,508 of interest earnings, plus
• $109,210 of accreted discount.

CUSIP
Number
Purchase
Date
Face
Value
Coupon
Rate
Price Discount
Principal
Cost
Accrued
Interest*
Total
Cost
Final
Maturity
Yield to
Maturity
9128283P3 Dec. 6, 2022 2,529,000 2.250% 95.770 106,979 2,422,021 24,586 2,446,606 Dec. 31, 2024 4.41% 912797MU8 Sep. 30, 2024 3,370,000 - 97.905 70,602 3,299,398 0 3,299,398 Mar. 27, 2025 4.39% 91282CGU9 Jan. 2, 2024 2,583,000 3.875% 99.090 23,505 2,559,495 25,707 2,585,201 Mar. 31, 2025 4.63% 912828ZW3 Jul. 1, 2024 2,747,000 0.250% 95.371 127,156 2,619,844 19 2,619,863 Jun. 30, 2025 5.07% 912828ZW3 Sep. 30, 2024 3,390,000 2.500% 97.245 93,395 3,296,606 2,119 3,298,724 Jun. 30, 2025 4.02% Fees
The book earnings shown above do not take into account any fees that were incurred by the City for services provided by the Municipal Advisor, Bidding Agent / Registered Investment Advisor or Custodian Bank. The total of such fees incurred by the City during the period equaled approximately $3,125.

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

The next scheduled maturity of Treasury securities in the City’s portfolio will occur on March 27-31, 2025. Prior to the maturity of each Treasury security in the City’s portfolio, the Wulff Hansen team will assist the City in evaluating its expected cash flow requirements and liquidity needs, and its potential reinvestment options.

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

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

Treasury securities, in order to earn additional interest income. If so, the Wulff Hansen team can help arrange for any such additional investment. Please note however that such additional investment would incur additional compensation to Municipal Advisor, based on its current fee schedule, and therefore Municipal Advisor would have an incentive to recommend such an additional investment. For your reference, the current U.S. Treasury yield curve is as follows:
*LAIF rate as of January 8, 2025
Liquidate Securities
If the City ever needs immediate access to some or all of its invested funds due to a large unanticipated financial obligation or emergency situation, then the Wulff Hansen team can help arrange for the prompt liquidation of one or more Treasury securities in the City’s portfolio.

The market value of the City’s portfolio – as opposed to its face value – typically fluctuates over time as interest rates change. According to the most recent monthly custody account statement, the estimated market value of the Treasury securities in the City’s portfolio on December 31, 2024 was $11,937,002.98, excluding any funds held in the City’s designated cash sweep account.

4.38% 4.32% 4.31% 4.26% 4.22% 4.32% 4.33% 4.36% 4.39%

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%
LAIF* 3-Month 6-Month 9-Month 12-Month 15-Month 18-Month 21-Month 24-Month Estimated U.S. Treasury Yield Curve as of January 13, 2025 (Data Sources: Tullett Prebon via Wall Street Journal, Treasury.gov, and California State Treasurer's Office)

REPORT TO THE CITY COUNCIL &

REDEVELOPMENT SUCCESSOR
AGENCY
Item 3.4

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: January 28, 2025
AGENDA SECTION: Consent
SUBJECT: Consideration of a Council Resolution Approving the Annual Recognized Obligation Payment Schedule for the period from July 2025 – June 30, 2026 for the Successor Agency of the Chowchilla Redevelopment Agency; and, Consideration of a Redevelopment Successor Agency Approving the Annual Recognized Obligation Payment Schedule for the period from July 2025 – June 30, 2026
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: Resolutions, 25/26 ROPS

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

That the City Council/Successor Agency Board adopts the resolutions for Recognized Obligation Payment Schedule (ROPS) for period of July 1, 2025 thru June 30, 2026.

BACKGROUND:

In accordance with AB 1484 which was enacted to clarify the intent of ABx1 26, the law that dissolved all redevelopment agencies, the Successor Agency (City of Chowchilla) is required to adopt a Recognized Obligation Payment Schedule (ROPS) each year for the Successor Agency’s fiscal operations for the following fiscal year. The Department of Finance allows for one amendment of the annual ROPS which is due no later than October 1 of every year.

The ROPS packet, designated as ROPS 25/26, includes the estimated obligations and expenditures spreadsheet, the report of cash balances and a summary page. The deadline for submitting this form to the California State Department of Finance is February 1, 2025. Upon submitting to the Department of Finance, the information is subject to a review period to a maximum of 45 days.

REASON FOR RECOMMENDATION:

To meet requirements of Department of Finance Assembly Bill 1484.

FISCAL IMPACT:

None
COUNCIL RESOLUTION # XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA,

CALIFORNIA APPROVING THE ANNUAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD FROM JULY 1, 2025 – JUNE 30, 2026, ON BEHALF

OF THE SUCCESSOR AGENCY OF THE CHOWCHILLA REDEVELOPMENT AGENCY
WHEREAS, the City of Chowchilla designated itself to be the Successor Agency of the Chowchilla Redevelopment Agency in accordance with AB x1 26; and, WHEREAS, the legislation enacted under AB x1 26 and clarified under AB 1484 requires the Successor Agency to adopt the Annual Recognized Obligation Payment Schedule (ROPS 25/26) covering the 12-month period from July 1, 2025 – June 30, 2026; and,
WHEREAS, the City Council, as the Successor Agency, has considered the proposed ROPS for the period of July 1, 2025 – June 30, 2026.

NOW THEREFORE, THE COUNCIL OF THE CITY OF CHOWCHILLA does hereby resolve, find and order as follows:

1. The above recitals are true and correct.

2. The Recognized Obligation Payment Schedule (ROPS 25/26) for the period of July 1, 2025 – June 30, 2026, is hereby approved and accepted.

3. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla at a regular meeting held on the 28th day of January, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Kelly Smith, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk
REDEVELOPMENT SUCCESSOR AGENCY RESOLUTION # XX-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA,

CALIFORNIA APPROVING THE ANNUAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD FROM JULY 1, 2025 – JUNE 30, 2026, ON BEHALF

NOW THEREFORE, THE REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF CHOWCHILLA does hereby resolve, find and order as follows:

1. The above recitals are true and correct.

2. The Recognized Obligation Payment Schedule (ROPS 25/26) for the period of July 1, 2025 – June 30, 2026, is hereby approved and accepted.

3. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the Redevelopment Successor Agency of the City of Chowchilla at a regular meeting held on the 28th day of January, 2025, by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Kelly Smith, Chair
ATTEST:

Joann McClendon, CMC
City Clerk
Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Chowchilla
County: Madera
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 514,981 $ - $ 514,981 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 514,981 - 514,981
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ - $ - $ -

F RPTTF - - -
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ 514,981 $ - $ 514,981 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Chowchilla
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$514,981 $514,981 $- $- $514,981 $- $- $514,981 $- $- $- $- $- $- 13 BOND

TRUSTEE
FEES
Fees 12/01/
2005
02/28/2038 US
BANK

ANNUAL BOND
TRUST

ACCOUNT MTCE
FEES
1 - N $- - - - - - $- - - - - - $-
14 ANNUAL
BOND

DISCLOSURE

REPORTING
Fees 03/01/
2007
01/15/2039 NBS ANNUAL BOND

DISCLOSURE

REPORTING
FEES
1 - N $- - - - - - $- - - - - - $-
17 ANNUAL

FINANCIAL
AUDITS
Miscellaneous 02/08/
2010
06/30/2028 PRICE,

PAIGE /
OTHERS
FEE FOR ONGOING AUDIT OF

SUCCESSOR
AGY
1 - N $- - - - - - $- - - - - - $-
29 SA ADMIN

ALLOWANCE
Admin Costs 01/01/
2010
12/31/2039 SA left
payee
empty

SA EMPLOYEE &

ADMINISTRATIVE
COST
1 112,000 N $112,000 - - 112,000 - - $112,000 - - - - - $- 35 2016 Tax
Allocation
Refunding
Bonds
Refunding
Bonds Issued
After 6/27/12
09/01/
2016
08/01/2036 US
BANK

ANNUAL P&I

PAYMENTS
402,981 N $402,981 - - 402,981 - - $402,981 - - - - - $- Chowchilla
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
(64,601)
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
894 511,365
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
536,681
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
(36)
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $894 $(89,881)
Chowchilla
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
13 14
17 29
35 REPORT TO THE CITY COUNCIL
Item 3.5

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TO RETURN TO

THE AGENDA
Meeting of: January 28, 2025
AGENDA SECTION: Consent
SUBJECT: Approval of a Resolution Accepting the Improvements and Authorizing Filing of the Notice of Completion for the Robertson/Kings & Robertson/Trinity Alley Paving Project, Federal Project No. CML-5258(041) Project
PREPARED BY: Noel Azevedo, Administrative Analyst
APPROVED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution

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

City Council adopt a resolution accepting the improvements and authorizing filing of the Notice of Completion for the Robertson/Kings & Robertson/Trinity Alley Paving Project, Federal Project No. CML5258(041) Project.

BACKGROUND:

On August 22, 2023, the City entered into a construction services agreement with Avison Construction, Inc. to pave the alley between Robertson Boulevard and Kings Avenue from 7th to 8th and 9th to 13th, as well as the alley between Robertson Boulevard and Trinity Avenue from 6th to 7th and northeast of 8th to 11th. The project will also include concrete valley gutters for improved alley drainage and concrete alley approaches with an ADA accessible path of travel around the approaches.

As authorized by City council, construction was started by Avison Construction, Inc. in 2024 and was completed by October 2024.

REASON FOR RECOMMENDATION:

The Contractor, Avison Construction, Inc., has completed the work required for the Project. The City’s Public Works Department has inspected the improvements required by the Project and all of the improvements have been completed. The City must accept the improvements and file the Notice of Completion in order to closeout the Project.

FISCAL IMPACT:

The Council approved budget for the project and final costs is as follows:

Council Approved Budget
Description Cost
Construction $688,086.00
Contingency, 10% $68,809.00
Planning, Design, Construction Management/Inspection $113,534.00 TOTAL $870,429.00
Project Costs
Work Description Final Closeout Cost
Planning, Design, Construction Management/Inspection $ 95,478.00 Construction $192,750.00
Change Order No. 1 $ 12,368.92
Change Order No. 1 $ 48,016.50
Total $843,949.42
Savings / (Deficit) from Approved Budget $ 26,479.58
Following closeout of the Project, funding for the project is as follows:

Funding Source Cost
CMAQ $648,000.00
Measure T $ 90,000.00
Gas Tax $105,949.42
TOTAL $843,949.42
ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

1. Filing of Notice of Completion with Madera County Recorder.

2. Release of 5% retention in the amount of $37,423.57 to Avison Construction, Inc. after 35-day retention holding period.

COUNCIL RESOLUTION # XX-25

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

ACCEPTING IMPROVEMENTS AND AUTHORIZING FILING OF THE NOTICE OF COMPLETION

FOR THE ROBERTSON/KINGS & ROBERTSON/TRINITY ALLEY PAVING PROJECT, FEDERAL PROJECT NO. CML-5258(041)
WHEREAS, Avison Construction, Inc., has completed the work for the Robertson/Kings & Robertson/Trinity Alley Paving Project, Federal Project No. CML-5258(041) Project; and WHEREAS, the City’s Public Works Inspector has inspected the improvements required by the City and all improvements required by the City have been completed; and WHEREAS, the Director of Public Works recommends acceptance of the Robertson/Kings & Robertson/Trinity Alley Paving Project, Federal Project No. CML-5258(041) Project and requests City Council to authorize the Director of Public Works to record the Notice of Completion for 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. The City Council accepts the Robertson/Kings & Robertson/Trinity Alley Paving Project, Federal Project No. CML-5258(041) Project.

3. The Director of Public Works is authorized to record the Notice of Completion.

4. The Finance Department is authorized to release retention to Avison Construction, Inc.

5. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 28th day of January, 2025 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 3.6

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: January 28, 2025
AGENDA SECTION: Consent
SUBJECT: Informational Item – Excel Project Management Program (PMP) Update PREPARED BY: Joann McClendon, City Clerk
ATTACHMENTS: Excel Project Management Program City Council Departmental Spreadsheets

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

Informational item only.

BACKGROUND:

City Council has requested that staff bring back the Project Management Program (PMP) reports on a quarterly basis for follow up and review. Below you will find a quick review of items that are on-going, in progress, or on hold. The last report was brought to the Council on August 13, 2024.

City Staff emailed each department their project list to update for the dates between October through December 2024.

The attached lists have been reformatted with the help of Deputy Director Stacy Wisener and Clerical Aide Vanessa Galvez-Escobar to make it easier to follow.

Smart Sheets
Project / Description Date Update Motion/Approvals Info Source Status Public Finance Authority

3.3 Consideration and Adoption of a City Council
Resolution (26-23) Directing the Execution of and
Authorizing the Recording of a Termination
Agreement Including a Certificate of Acceptance.
(Pruett)
Facilities Lease Agreement with the Chowchilla
Public Finance Authority (PFA) in 2016 to lease Ed
Ray Park Recreation Building and the Chowchilla
Senior Center which was part of the 2005 Civic
Center Bonds that were issued. All the required
lease payments under the term of the lease and the
refunded bonds have matured. Motion by Council
Member Troost, Seconded by Pro Tem Smith to
Approve the Consent Calendar as Presented. Motion
passed unanimously by roll call vote. Actions
Following Approval: The City Administrator will
sign all the necessary documents for the Termination
Agreement and Certificate of Acceptance. Those
documents will then be recorded
Consent Calendar
City Council Meeting Completed
Cares Act Funds 5/2023 6.2 Discussion and Direction Regarding the Use of American Rescue Plan Act Funds (Pruett)
Council directed staff to table the item and bring it
back at a future meeting in order to obtain different
scenarios. Action Following Approval: Incorporate
direction given by Council into the FY 23/24 and
subsequent budgets.

City Council Meeting

3.1 Discussion and direction regarding the use of
American Rescue Plan Act Funds. (Rogers)
Actions following approval: Incorporate direction
given by Council into the FY 23/24 and subsequent
budgets. The City Council directed staff to use the
remainder ARPA funds and add a new well, extend
water lines (stub-outs) to Berenda Slough, and
purchase a generator for Well 1A.

Completed
Department: Administration
Quarterly: October - December 2024
Human Resource
HR Manager Trinette Martinez reports to City
Administrator Rod Pruett and most updates will be
from the City Administrator. As the City Clerk,
however, and per our municipal code, I will still
manage claims against the City, accept subpoenas,
and have agreed to continuing to manage insurance
for City fleet and property.

Consideration and Adoption of a City Council
Resolution Adopting the Revised Transit Services
Drug and Alcohol Testing Policy (McClendon)
Consideration and Adoption of a City Council
Resolution Adopting the Revised Transit Services
Drug and Alcohol Testing Policy (McClendon)
Motion by Mayor Pro Tem Ahmed, Seconded by
Council Member Barragan to Approve the Consent
Calendar as Presented. Motion passed by roll call
vote.

On Going
District Based Elections 04-2024
Held 2 pre-mapping public hearings, April 9 & 23.

Will hold mapping public hearings May 14, 28, June
11, unless otherwise scheduled
City Clerk
06-2024
Introduced ordinance adopting district maps,
sequencing; Map 401 adopted on June 11 with 4
districts and mayor at large.

City Clerk
Completed
Municipal Code 12/2024
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)
Motion by Council Member Troost, Seconded by
Mayor Pro Tem Ahmed to Approve City Council
Ordinance #523-24, 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. Motion
passed by roll call vote.

Agenda Minutes On Going
Smart Sheets
Project / Description Date Update Motion/Approvals Info Source Status Committees 1/2025
Planning Commission and Airport Advisory
appointments, Have multiple applicants for 2
positions on PC. applicant applied for both the PC
and Airport Advisory
Motion by Barragan, Seconded by Ahmed to
Appoint Tricia P. and Timothy C. to Planning
Commission; appoint Paul K and Michael W. to
Airport Advsory.
01/14/2025 minutes completed
Form 700 Jan-25
Annual submission; FPPC sent out notices via email.

I updated filers' email addresses in portal. In 2025
the FPPC is requiring certain filers to submit their
Form 700's through their wesite/portal. FPPC On Going
Deputy City Clerk Recruitment
recruitment closed; will review apps and move
forward with interviews ASAP On Going
Records Request Software Jan-25
Looking into software to assist with reposning to
public records reuqests, including routing and
redacting. On Going
Project / Description Date Update Motion/Approvals Info Source Status Personnel
Hired a part time Driver/Dispatcher to help with
coverage. Attended CalACT Spring Conference with
Robin Roman. Department needs one full time
employee in operations and one full time employee
in administration for coverage. There is a lot of $ to
do projects with (other than bus purchases) but
requires additional staff to manage the grants after
award which includes reporting.

On Going
5311 Operating Grant
Transit Supervisor Roman uploaded the bi-annual
Certifications and Assurances for this upcoming
5311 operating grant cycle. Staff report to apply for
Section 5311 will be on May agenda
On Going
Quarterly: October - December 2024
Department: City Clerk
Department: Transit
Unmet Tansit Needs
MCTC held unmet transit needs public hearings for
Chowchilla, City and County of Madera transit
agencies, to obtain public input on local transit
needs. MCTC will compile information and hold
another hearing at the board offices to review
unment needs and evaluate them based on many
factors. SSTAC met over Madera City/County and
Chowchilla's unmet needs submitted by the public in
respective areas and recommended that Chowchilla's
unmet transit needs are not reasonable to meet. the
governing board, MCTC, still needs to approve the
recommendation by resolution at their Policy Board
meeting on May 29.
completed
Annual CHP Inspections
CHP sucessfully completed the "desk audit" portion
of its annual inspections. They will soon return to
complete the driver terminal record inspection.
completed
for 2024
Annual DBE Reporting
for 5311
There is a DBE report that Transit completes
annually; Robin completed this on 4/26/24
Completed
for 2024
Annual TDA Application Robin Roman completes the application to receive TDA funds
Completed
for 2024
5339 Grant
5339 grant funds were used to purchase a CNG bus
and is expected to be delievered soon, more than
likely in the 24/25 fiscal year.

On Going
Electrification of Bus
Fleet 12/23
Staff has submitted and the state has accepted the
grant application for SB 125. CATX is proposing
unsing the grant funds to cover costs of electrifying
its fleet. This will include consultation, engineering, planning, purchasing and installation.

In Progress
7/2024
Received a letter from CalSTA that they approved
three out of the four projects that were submitted in
the allocation package; $810,725 of TIRCIP funds
and $895,350 ZETCP funds for planning
electrification of transit fleet (includes installing
chargers/infrastructure) and purchase of one e-bus.

In Progress
Smart Sheets
Project / Description Date Update Motion/Approvals Info Source Status Community Facilities
District 4/2024
Met with Rancho Calera to discuss CFD scenarios
for 137 acres not currently in the 2006-1 CFD; and,
met with Luis Gill to discuss the CFD and next
steps.

Weekly Activities
Report 4/27/2024
10-2024
Met with CFD team to discuss a new one for the 137
Acres of the Rancho Calera project not in the current
CFD. Met with Precision Engineering to discuss the
Industrial Specific Plan Environmental. Discussion
about a Program level vs Project level EIR. They
believe a Program level will be better since we don’t
have a lot of projects lined up for the area as a
whole.

Reported by Admin
1/2025
Scheduled a CFD meeting for Rancho Calera and the
City’s 2006-1 CFD refunding. 1/16- will discuss
next steps for both but the City’s can’t start until
sometime in February and there will be items coming
on the agenda for approval of the CFD team.
11/24
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.

On Going
Department: Community Economic Development
Quarterly: October - December 2024
Maple Meadows Project 12/1/2024
This is the affordable housing apartment complex
going on the vacant lot off Washington and Maple.

They are asking for a reduction in our parking
requirements to allow only a 1:1 ratio of parking
spots to units. The concern is overflow parking and
where it will go and we don’t want parking on
Washington as both sides currently do not allow it.

Self Help Enterpises (SHE) has submitted a revised
site plan and is under review. Staff spoke to SHE
regarding parking and told them that parking would
not be allowed on Washington.

On Going
Auto Zone Distribution
Facility 7/2024
AutoZone is having issues with Union Pacific
Railroad; UPRR is not allowing them to complete
the boring that was previously approved by UPRR.

Staff is working with them and believe they have a
path forward by moving the vault by the airport.

Staff is going to set up a meeting with UPRR to see
if we can help once we get all the information from
AutoZone.

Reported by Admin
9/28-10/1 2024
FCL is going to attempt to pull the underground pipe
that will hold the PGE lines onto the airport property
on Thursday.

Reported by Admin
10-2024
attempt was unsuccessful, FCL has submitted to
abandon the pipe they bored and add 2 separate
pipes 3 feet to each side of it. Waiting to hear back
from UPRR. UPRR was contacted and involved
with trying to get the issues with boring for PGE
resolved. They are now going to try and pull a 6”
pipe through the 10” pipe and the n extend that 6”
pipe the extra 5 feet they need to be out of Zone A
and be on our airport property where we have an
easement with them. They were successful in
pulling a 6” conduit through the 10” pipe and onto
our Airport property.

Reported by Admin
11-2024 They are now waiting on PGE to get the power to the vault and then to their building. Reported by Admin 12-2024
Still waiting on PGE to get the power to the vault
and then to their building . Had a meeting with the
AutoZone team on Wednesday 12/11 @ 2:00 •
Discuss them shipping by the end of January while
on temporary power because they are waiting on
PGE. PGE was contacted - government
representative to help get this process moved along.

Received an email from Joe Roman that was
forwarded from FCL that PGE was able to expedite
the request and they are scheduled to get power to
them on 1/15. It was previously scheduled for mid
March.

Reported by Admin
1/2025 PGE was out on 1/15 installing a new pole and
starting the process to get them energized Reported by Admin In Progress ADHOC: Zoning
Ordinance 12/1/2024
Consideration and Approval of a Planning
Commission Resolution Recommending Approval of
Zoning Ordinance Text Amendment # 24-0600 to
the City Council With Findings and Conditions as
Set Out in the Resolution (Perea)
Motion by Co-Chair Salter, Seconded by
Commissioner Hale to Approve Planning
Commission Resolution #24-06, Recommending
Approval of Zoning Ordinance Text Amendment #
24-0600 to the City Council With Findings and
Conditions as Set Out in the Resolution. Motion
passed by roll call vote.

Have to wait 30 days for the Ordinance to become
effective. Updates will now be made to the ordinance
by the City Clerk.

In Progress
Shipping Containers
Ordinance Update
Updates were made per the Ordinacne and
Resolutiion approved by Council Completed
Oleander Terrace 4/2024
Staff meet with the builder for Oleander Terrace,
discussing the construction of the masonry wall
along Howell Avenue.

Wkly Activities
Update 4/16/2023
5/2024
Staff continues to work with the developer with
completing the project’s obligations. The Developer
continues to work on addressing various issues,
while starting units in small batches.

Wkly Activities
Update 05/28/2024
6/2024
Staff continues to work with the Oleander Terrace
Developer. Assisting him to help keep the project
from stopping. Staff was informed one of their
former sub-contractors was reconstructing Howell
Road. Builder is in the process of constructing
homes at this location. Half of the homes have been
constructed (14/28).

Wkly Activities
Report 6/25/2024
8/2024
Project is under construction, Builder has
constructed approximately 20 units, has
approximately 8 units to be constructed.

Developer has completed repairs to the road from
when the Stor Drain was put in. there are still a few
more lots ot be built. All Scholl ImpoactFees are
paid and up to date.

In Progress
Mobile Food Vendor
Trucks & Sign Ordinance
7/2024
Staff worked with Code Enforcement notifying a
food vendor they were not incompliance with the
recently adopted food truck ordinance. Upon
notification, the food truck operator submitted a
complete application package for staff consideration.

The food truck owner was notified they would not
be able to operate within the City until their use
permit and business license was approved.

Weekly Report
8/2024
Staff has approved 2 mobile food trucks. Staff
received an application for a new food truck and in
process of reviewing the insurance of an ice cream
truck to ensure the insurance is in compliance with
the municipal code.
11/2024
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 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.
12/2024
introduction of an Ordinance Amending Chowchilla
Municipal Code Section 18.56 – Signs and Outdoor
Advertising Structures, and the Accompanied Notice
of Exemption (Perea)
12/24
Introduction of an Ordinance Amending Chowchilla
Municipal Code Section 9.07 – Food Truck Vendor,
and the Accompanied Notice of Exemption (Perea)
1/2025
Adoption of Ordinance Update- Mobile Food
Vending. 2nd reading- updated for ice cream trucks.

Adoption of Ordinance Update- Signs and Outdoor
Advertising. 2nd reading- updated for height and sq
footage of face requirements along the highway 99
corridor
Consent
Have to wait 30 days for the Ordinance to become
effective. Once that time has expired, the City Clerk
will update the Ordinance
In Progress
Downtown Guidelines 12/2024
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)
Motion by Commissioner Hale, Seconded by
Commissioner Vander Dussen to Approve Planning
Commission Resolution #24-07, Recommending the
City Council Approve the Updates to the Downtown
Design Guidelines Along With the Notice of
Exemption as Set Forth in the Resolution. Motion
passed by roll call vote.

Staff is bring back a recommendation for the
configuration of the Review Committee at the
1/28/25 Council Meeting
In Progress
Industrial Specific Plan
The Industrial Specific Plan was considered by
Council in 2018 but the environmental review was
never completed. Council budgeted in FY 23/24 to
have staff draft an RFP for the solicitation of an
environmental consultant to assist with completing
the document which then allow the City to adopt the
ISP.

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.
7/2024
Industrial Specific Plan EIR: Staff has routed the
document for signatures. Once all parties have
signed the agreement, staff will have the agreement
executed.

Weekly Report
Staff contniues to work with Precission Engineering
to complete the project In Progress
CV2 & CV3 3/2023
Staff met with HSR regarding proposed Right-ofWay Acquisition plan. They mentioned they have began starting conversations with various property
owners along the corridor and wanted to ensure they
have included all the necessary items needed to
within the ROW design.

Wkly Activities
Report March 26,
2023
4/2023
Admin - Attended multiple meetings with property
owners in the CFD to discuss the new proposed
CFD. AutoZone, Rancho Calera, ChafalCommercial along East 99, Gill 70 acres industrial next to AutoZone. We got positive feedback from
everyone so far. Meeting with property owners to
get support but only the registered voters have a vote.

Developed residential will have a 35% - 40%
reduction in annual assessments so we anticipate
support from voters. Still have more meetings to do
and have to revise some of the presentation based off
input from property owners. Admin - Attended
multiple meetings with property owners in the CFD
to discuss the new proposed CFD. AutoZone,
Rancho Calera, Chafal-Commercial along East 99,
Gill 70 acres industrial next to AutoZone. We got
positive feedback from everyone so far. Meeting
with property owners to get support but only the
registered voters have a vote. Developed residential
will have a 35% - 40% reduction in annual
assessments so we anticipate support from voters.

Still have more meetings to do and have to revise
some of the presentation based off input from
property owners.

Wkly Activities
Report April 9, 2023,
April 16, 2023, April
23, 2023
5/2024
Staff processed one additional EDLP and is now
beginning the closeout process for this program with
HCD.
8/2024 Staff is in the process of working with our vendor to begin the close out process.
1/22/2025 Programs were closed out. There are no more funds ot be distributed. Completed
Century Communities:

Lone Oak
Subdivision/Orchard
View
Staff attended a meeting with the Lone Oak
Developer regarding the next steps for the project.

The main topic of discussion was the proposed
phasing plan proposed by a perspective builder.

Weekly Activities
Report July 25, 2023
Staff provided information to the Lone Oak
Developer regarding moving forward with a LotLine adjustment application. Once processed, this application will allow the developer to sell a portion
of the project to the perspective builder.

Weekly Activities
Report July 2, 2023
1/2024
In escrow with Century Communities; property
purchased from John Sessions. Meeting held to set
milestones to keep project moving.
5/2024
Century Communities renamed the development
Orchard View. They started grading the property
and received the Encroachment Permit in May.
7/2024
Staff drafted an Administrative Report for council
consideration for the July 9th council meeting. The
item to be presented to Council for consideration is
regarding the annexation of the Orchard View
Subdivision into the City’s Services CFD.

Weekly Activities
Report
8/2024
Century Communities has started construction and is
currently in process of installing the off-site
improvements.
1/2025 Coordination with Century Communities to get their Final Map recorded
Weekly Activities
Report In Progress
Rancho Calera 5/2023
Com Dev. - Staff received a parcel map application
to create a parcel within the Rancho Calera
Community.

Wkly Activities
Report, May 7, 2023
5/2023
Attended a meeting with mark and the Fagundes
team to discuss the CFD refunding. They seemed to
support it and wanted to get more details. We are
working on putting together a more detailed
presentation for all property owners so they can see
the actual financial impacts on their assessments
under the new proposed plan.

Wkly Activities
Report May 14, 2023
5/2023
Staff forwarded the comments received by QK
regarding Pembrook's Development team Final
Parcel Map request. The comments were
immediately forwarded to the applicant to make the
corrections and resubmit.

Wkly Activities
Report May 21, 2023
Had a meeting with the Rancho Calera team to
discuss the results of out meeting with Caltrans.

They think they can put together a plan for the
commercial are right off the roundabout that will
satisfy Caltrans concerns.

Wkly Activities
Report June 4, 2023
6/2023
Staff continues to work with the Rancho Calera
Team regarding the submittal of a Final Map
application and fascinating access to the proposed
commercial development.

Wkly Activities
Report June 4, 2023
1/2024
Staff Continues to meet with Caltrans regarding the
commercial connection. Staff received an
application from the developer to create a parcel to
be sold to a builder.
5/2024
Staff is working with the developer with processing
a Lot Merger, Tentative Map for Block 3, and the
Final Map for Block 4.
7/2024
Staff met with the Rancho Calera Team regarding
their future plans for the Western portion of the
development. They have expressed an interest of
moving forward with annexing the western portion
of the development into a CFD and preparing one of
the neighborhoods for Final Map consideration.

Wkly Activities
Report
8/2024
Staff continues to work with the developer; they
informed staff that they have a commercial builder
looking to purchase the commercial portion of the
project.

In Progress
11/2024
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)
12/2024
Rancho Calera Block 3 – worked with HMH
engineering on the removal of 3 conditions that were
not applicable to Block 3.

Weekly Report
12/1/2024
Consideration and Approval of a Planning
Commission Resolution Recommending the City
Council Approve Tentative Subdivision Map # 24-
0112 for Block 3 of the Rancho Calera Specific Plan
Along With the Notice of Exemption as Set Forth in
the Resolution (Perea)
City Council
1/1/2025
Staff, Caltrans and Pembrook agreed on a design for
access to the roundabout for the residential property.

It does not effect the commercial portion of the
Rancho Calera project but is only temporary and will
only support the current use of Residential. if it is
ever developed there will have to be an alternate
permanent access.

On Going
Mid Valley Pipe & Steel 11/2022
Property is in Escrow. The buyer is to start the
entitlement process. RDA Successor Agency
Resolution No. 05-22.
12/2023 Property is going through the escrow process. Staff received a draft site plan to be reviewed.
1/2024
APN 002-250-053: Staff is working for future
builder on plans to build a new facility and business
park that will have approximately 8 lots ranging in
sizes of 1 to 5 acres. Staff will close escrow Spring
of 2024.
5/2024
The property transferred ownership to Mid-Valley
Pipe and Steel in April. The applicant is in the
process of completing the environmental review for
the project.

In Progress
Legacy Ranch 4/2023
Admin - Attended a CFD meeting with Legacy
Ranch. We have one more with land owners to do
for our 1st go around. Woodcrest - Fagundes.

Comm Dev. - Staff met with the owners for Legacy
Ranch to discuss the conceptual revisions to CFD
2006-1.
1/2024
Staff received a lot line adjustment application.

Once the lot line adjustment is processed, the
developer plans to sell the easterly parcel to a
builder.

On Hold
Housing Element 5/2024
Staff continues to work our consultant and HCD
addressing HCD comments. Once HCD comments
have been address, our consultant will begin the
second part of the project which consist of updating
the City’s General Plan.
7/2024
Staff began the review process for a Development
Agreement received from the Chowchilla Union
High School. Once the City’s Economic Ad-Hoc
Committee has reviewed the proposal, staff will
work with the applicant and legal to finalize and
have it scheduled for council consideration.

Weekly Report
7/1/2024
Did not have a quorum for the July 17 Planning
Commission meeting, putting off the Housing
Element item to their August 21 meeting
10/2024

4.1 Consideration and Adoption of a City Council
Resolution Approving General Plan Amendment
Application No. 24-0297 Approving the 2024-2032
6th Cycle Housing Element and the Accompanied
Environmental Review (Perea)
Motion by Council Member Troost, Seconded by
Mayor Pro Tem Ahmed to Approve City Council
Resolution #53-24, Approving General Plan
Amendment Application No. 24-0297 Approving
the 2024-2032 6th Cycle Housing Element and the
Accompanied Environmental Review. Motion
passed unanimously by roll call vote.

On Going
1/2025 Internal meeting with PCE to discuss Housing
Element program implementation Weekly Report
CUHS Project 5/2024
The Lot Merger application is being review by the
City Engineer. Staff continues to work with their
Architectural Firm with finalizing the plans.
7/2024
Staff began the review process for a Development
Agreement received from the Chowchilla Union
High School. Once the City’s Economic Ad-Hoc
Committee has reviewed the proposal, staff will
work with the applicant and legal to finalize and
have it scheduled for council consideration.

Weekly Report
8/2024
Construction started; awaiting lot merger comments
from QK and legal is reviewing the draft
development agreement.

In Progress
12/2024
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)
1/1/2025 City Administrator and CUHS have signed the
deferred improvement agreement
Smart Sheets
Compensation Study 7/2024 Met with a few vendors to obtain quotes for a compensation study. In Progress
CFD: Greenhill's 6/1/2023
Had a meeting with NBS and the Greenhill's &
Pheasant Run bond legal team. Discussed what to
do with any cash on hand or monies that come in
after the Greenhill's bond were issued for.

Considering using towards Well 16 which will be on
the east side. Also discussed Pheasant Run and the
5/2024 Sent out new delinquencies for Pheasant Run On Going CFD: Infill 2024 CFD Refunding failed special election; City Administrator working through next steps.

Quarterly Financial
Review On Going
Audit
1/2025
Auditors were out last week for an internal control
walkthrough. They are out this week doing their
fieldwork. On Going
Reporting
1/2025
Completed 2 out of the 3 State Controller Reports,
finishing the 3rd one this week; Working on the
CDIAC Reporting. On Going
Annual report on Development Impact Fees- AB
1600. It is a state requirement to report on the
balance of DIF, new DIF received and what we
spent DIF on
Public Hearing:

Reported By Admin
Budget
1/2025
Will be sending out Budget Worksheets to
Department Heads this week to get ready for MidYear On Going APP.F2.2

4.2 Consideration and Adoption of a City Council
Resolution (44-23) Updating the City's Procurement
Policy and Procedures. (Pruett)
Motion by Council Member Chavez, Seconded by
Mayor Pro Tem Smith to Approve City Council
Resolution 44-23, Updating the City's Procurement
Policy and Procedures. Motion passed unanimously
by roll call vote. Actions following Approval: The
Policy will be updated with the language provided in
the Resolution.

Public Hearing Completed
Department: Finance Department
Quarterly: October - December 2024
6/18-24, 2024
Will have to bring back the procurement ordinance
update back to Council in July. The resolution
updated the policy only; the ordinance updates the
municipal code.

Weekly Activities
Reported by Admin Completed
Project / Description Date Update Motion/Approvals Info Source Status DC Migration Major Project
Preparation and Health Check, Upgraded Domain
Functionality, Transferred Key Roles, functions and
responsibilities from the old primary domain
controller (DC1) to the new server (SV-DC1).

DNS Settings Updated, Transferred essential
software Duo and Passportal to the new servers,
Addressed specific technical issues encountered
during the migration process. Moved the DHCP
service to new dedicated, servers (SV-IP1 and SVIP2).

Migrated the NPS service from the old server (DC2)
to the new server (SV-DC2). Ensured smooth
integration of LDAP services with the new primary
server (SV-DC1). Established a new certificate
authority on the new server (SV-DC1) to ensure
secure communications. Modified Firewall RADIUS
and Active directory integration configurations.

On Going
Duo AD MFA Project On Going
Tyler 1/1/2025
Provided Tyler Technologies technician Nick Peyton
with access to the Tyler Incode app server to resolve
the issue concerning email bill reminders.

On Going
Sophos Exclusions for Tyler Technologies. Added
43 requested exclusions to Sophos as per Tyler
Technologies’ requirements.

Department: Info Technology
Smart Sheets
Project / Description Date Update Motion/Approvals Info Source Status Madera County Fire
Station 2017
6/27/2017 Council: 3.6 Authorize Fire Chief Harry
Turner to Negotiate a Settlement of Madera County
Contract No. 9006-C-2009 Pertaining to the Madera
County Fire Station.

Action: Fire Chief is hereby authorized to negotiate
settlement. Action Following Approval: The Fire
Chief will negotiate with County representatives;
reach an agreed upon amount; vet the arrangement
with the City Administrator, Finance Director and
City Attorney; then bring the negotiated terms back
to council for its approval. Update from Gaumnitz
July 2020 - Still pending. CalFire may be looking
for a site outside of city limits. Update - Meeting
scheduled with Madera County Fire for Oct 15th.

Consent
2020
Staff met with County and CalFire to discuss
previous agreement to provide fire station or
expansion of our fire station to the County:

Supposed to provide a 2,200 sq. ft building for them,
Agreement has a monetized amount for that in the
contract but they want us to build the station -
today's cost are exponentially higher than the
monetized amount in the contract - have a meeting
scheduled for November to follow up.

Weekly Activities
Report Oct 11 - Oct
17, 2020
Administrator
2020
Staff meet with County regarding prior agreement to
provide a fire station to the County. We were
supposed to provide a roughly 2,200 sq. ft building
for them. They are to leave the PD building where
they currently occupy 2 bays. PD impact fess are to
be used. Issue is the agreed upon costs to build that
add-on/building has significantly increased since
2009. In agreement it is $243,800 which is $102 sq.
ft. Now the County says the cost is roughly $700 sq.
ft = $1.5M. We are continuing to work with the
County to find a resolution.

Wkly Activities
Report November 8 -
November 14, 2020
(Administration)

ON HOLD
Department: Fire Department
Quarterly: October - December 2024
Fire Expansion 7/2022 Phase 2 construction beginning late January 2024 5/2024 Should be completed by end of May 2023
8/2024
Unfortunately the fire system failed inspection, still
waiting for the work to be completed before final
walk through.
1/2025 The fire system needs have not been met, the FD will be holding final payment until it is resolved. On Going Weed Abatement 4/2024 Item to be in May city council agenda to kick it off 7/2024
Held a public hearing on July 23, 2024 council
meeting where affected property owners could have
protested their citations. No one came forward to
protest; weed abatement program continues.
8/2024 Contractor has completed abatement. Completed
Smart Sheets
Project / Description Date Update Motion/Approvals Info Source Status Measure N 6/2023

6.5 Discussion and Recommendation to Form a
Measure N Ad Hoc Committee, Appointing Two
Members of the City Council. (Pruett).

Actions Following Approval: Follow the direction
and recommendations from Council. Motion by
Council Member Chavez, Seconded by Council
6/13/2023 Council
Meeting
7/2024
Working on fliers to be sent out and planning for
public outreach. Joann submitted the ordinance that
was approved by the County and a legal summary
was provided as well. We will resume our meetings
with the consultants and start woring on our outreah
approach
Reported by City
Administrator
7/2024

6.3: Measure N Ordinance Introduction to be placed
on the November 2024 ballot; will be adopted, if
passes election, on the following meeting after
election results have been certified.
07/23/2024 Council
Meeting
8/2024
Staff is working on dates to hold Town Halls to
provide information to the public about the renewal.

We have scheduled our recurring every other week
meetings with our consultants.

Wkly Activities
Update 8/24-27/2024
9/28-10/1 2024 Sent response to leagal on FPPC Complaint 10/2 Reported by City Administrator
10/2024
Met with consultant and legal to prepare for the final
few weeks before the election. Met with Jeff
regarding some opposition texts sent out with false
information.

Reported by City
Administrator
11/2024
Jeff did a Q & A Podcast for the POA. On election
night it had an over 80% approval with roughly 2.8k
votes submitted. Next updated results, and hopefully
final results should be Friday 11/15 by 5:00pm.

There are only an estimated 1,700 votes left to count
County Wide. Next updated results will be 12/2 by
5:00pm. The 6th unprocessed ballot report
previously showed 209 uncured votes county-wide
but now it shows 242 so that is weird.

Reported by City
Administrator
11/2024 November Election: Measure N Passed Completed
Department: Police Department
Quarterly: October - December 2024
LPR'S LPR's Installed Completed
Disposal of Surplus 1/2025

6.3 Consideration and Adoption of a City Council
Resolution Authorizing the Disposal of Surplus City
Property in the Form of Donating a 2020 Ford
Explorer Police Interceptor to the Chowchilla Union
High School Public Safety Department (Palmer)
Smart Sheets
Project / Description Date Update Motion/Approvals Info Source Status Outreach Website Updates, E-News Bulletings, Social Media Postings 1/2025 New Year/New Council Updates on Website On Going New Position 8/2024

6.3 Consideration and Adoption of a City Council Resolution (51-24) Amending the 2024/25 Salary Scale to Include Clerical/Recreation Aid Classification (Wisener)
Motion by Council Member Barragan,
Seconded by Council Member Troost to
Approve City Council Resolution #51-24,
Amending the 2024/25 Salary Scale to Include
Clerical/Recreation Aid Classification. Motion
passed with Mayor Smith absent.

Completed
Events
7/2024 Open Swim, Music in the Park, Movies in the Park 1/2024 New: Kiddos Crafts Prepping for Easter, and summer events On Going Veterans Boulevard 9/2024

6.1 Consideration and Adoption of a City Council Resolution Approving the Installation of Commemorative Veterans Boulevard Signs atop the Existing Wayfaring Signs Along the North and South Side of 5th Street (Wisener)
Motion by Mayor Pro Tem Ahmed, Seconded by
Council Member Barragan, to Approve City
Council Resolution # 54-24 to Approve the
Installation of Commemorative Veterans
Boulevard Signs atop the Existing Wayfaring
Signs Along the North and South Side of 5th
Street. Motion passed by roll call vote.

Chamber of Commerce 12/24
Consideration and Adoption of a City Council Resolution to Approve a Budget Amendment and Distribute a Financial Contribution to the Chowchilla District Chamber of Commerce for the 2025 Calendar Year (Wisener)
Consensus to bring back to council after a
meeting with the Chamber Director
Senior Center 12/24 Reached out to Director to request they submit a letter requesting the funds we are contracted to pay for auditing purposes. 12/24 Visited the Senior Center to check in, delivered city swag to senior citizens
Sports Organizations 1/2025 Completed all new field use agreements to send to council for approval on 1/28 meeting
Department: Recreation & Community Eng Department
Quarterly: October - December 2024
Smart Sheets
Project / Description Date Update Motion/Approvals Info Source Status ADHOC: Wastewater
Treatment Plant On Hold
ADHOC: Park Fields In Progress
Fairmead WWTP Project
(2016)
New Business: 6.2 Financial Assistance / Water & Sewer Fairmead.

Reviewing draft Urban Water Management Plan information, Plan completed and sent to the State for review and approval. JCI will complete engineering study to evaluate the ability of the City's current services to provide similar services to the Fairmead Community. Grant funded.
8/15/2017 S/W Jason Roger - waiting
on Madera County to Make decision /
srw - JCI to complete engineering study.
4/30/2018 - Waiting on Funding
Agreement from the State.

Worked on information requests from the SWRCB for the Project technical review.

Wkly Activity Report
12/10/2023
4/2024
State Water Resources Control Board anticipates funding agreement by August 2024. High Speed Rail anticipates reimbursement agreement prior to State's.
9/1/2024 City of Chowchilla’s Agreement No. D23-05013, for the Fairmead - Chowchilla Wastewater Treatment Facility Connection Project, Project Measure T Renewal 4/2024
Steering Committee had its last meeting on 4/23; appears they are okay with continuing use of population as the basis for allocation; also proposing 80% to local street maintenance which is an increase from current 30%; will be presented to the MCTC board and then to the Mad Co BOS for approval to place on ballot.
7/2024
The Steering Committee was able to modify the initiative and obtain enough signatures to place on ballot; essentially it is the same plan, what has changed is it only requires a majority versus a 2/3 approval to pass.

Opposition groups are trying to sue this change.

Department: Public Works
Quarterly: October - December 2024
9-10 2024
City Council Meeting 10/10/24: Approval of 24/25 Measure T Expenditure Plan - Part of the requirement to provide the information to the public on what we plan to spend the funds on for FY 24/25: Public Hearing
Reported by Admin
10/24
Consideration and Adoption of a City Council Resolution (55-24) Approving the Measure T Annual Expenditure Plan (AEP) for Fiscal Year (FY) 2024/25 and Authorizing the Public Works Director or Designee to Submit the Plan to the Madera County Transportation Authority (MCTA) for Adoption (Rogers)
Motion by Mayor Pro Tem Ahmed,
Seconded by Council Member Troost to
Approve City Council Resolution #55-
24, Approving the Measure T Annual
Expenditure Plan (AEP) for Fiscal Year
(FY) 2024/25 and Authorizing the
Public Works Director or Designee to
Submit the Plan to the Madera County
Transportation Authority (MCTA) for
Adoption. Motion passed by roll call
vote.

Public Hearing
10/2024
Consideration and Adoption of a City Council Resolution (56-24) to Extend the Annual Public Review Period for Expenditures Related to Measure T to 30 Days (Rogers)
Motion by Council Member Troost,
Seconded by Mayor Pro Tem Ahmed to
Approve City Council Resolution #56-
24, to Extend the Annual Public Review
Period for Expenditures Related to
Measure T to 30 Days. Motion passed
by roll call vote.

Council Meeting Completed
Well 15
Zims Industries has been drilling well 15 all week. They are still on site working. Met with Zims to inform them that their temporary backflow assembly is leaking. Zims repaired.

Wkly Activity Report
10/21/23
10/2023 Zims Industries has been drilling well 15 all week. Wkly Activity Report 10/8/23
10/2023
Zims Industries has been drilling all week. They are still on site working.

Water quality sampling was completed and will need to wait on the lab for results and then get the approved design from the engineer. Lab results can take anywhere from one to six weeks. Zim will then start the reaming of the borehole soon after receiving the approved final design.

Wkly Activity Report
10/15/23
12/2023
Zims is installing case and shaft. Spoke to the rig operator and he said that they will need to flush the well for 60 hours (flow ranging from 250 - 1250 GPM) the following week.

Wkly Activity Report
12/24/23
11/2024
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) Well 16 12/24
Consideration and Adoption of a City Council Resolution Awarding the Contract for Well No. 16 Improvements to Alliance Construction Solutions, Inc. in the Amount of $924,300, Authorizing the City 1/2025 Drilling ongoing. Well will be viable with expected production of 1,200 - 1,500 gpm. Weekly Report
Bridge Preventative
Maintenance Project 11/2024
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.

High Speed Rail 7/1/2024
Attended meeting with HSR to discuss reimbursement agreement for the Fairmead Sewer Consolidation Project. Provided draft agreement comments from legal to HSR. HSR to review and provide
revisions/comments.

Weekly Report
08/2024

6.2 Consideration and Adoption of a City Council Resolution (50-24) Authorizing the City to Enter into a Reimbursement Agreement with the California High Speed Rail Authority and Authorizing the City Administrator to Execute any Related Documents Thereto (Rogers) Motion by Council Member Troost,
Seconded by Council Member Chavez
to Adopt City Council Resolution #50-
24, Authorizing the City to Enter into a
Reimbursement Agreement with the
California High Speed Rail Authority
and Authorizing the City Administrator
to Execute any Related Documents
Thereto. Motion passed with Mayor
Smith absent.

On Going
Scour Countermeasure
Project 11/2024
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.

Madera County
Transportation
Commission
8/2024
Consideration and Adoption of a City Council Resolution (47-24) Approving the Master Agreement Between the Madera County Transportation Commission and the City of Chowchilla for the Fiscal Year 2023/2024 Allocation of Regional Surface Transportation Program (RSTP) Exchange Funding and Authorizing the City Administrator or Designee to Sign Necessary Claim Forms to Obtain Future Funding (Rogers)
Motion by Council Member Barragan,
Seconded by Council Member Troost to
Approve the Consent Calendar as
Presented. Motion passed by roll call
vote with Mayor Smith absent.

Completed
10/24
Consideration and Adoption of a City Council Resolution (55-24) Approving the Measure T Annual Expenditure Plan (AEP) for Fiscal Year (FY) 2024/25 and Authorizing the Public Works Director or Designee to Submit the Plan to the Madera County Transportation Authority (MCTA) for Adoption (Rogers)
Motion by Mayor Pro Tem Ahmed,
Seconded by Council Member Troost to
Approve City Council Resolution #55-
24, Approving the Measure T Annual
Expenditure Plan (AEP) for Fiscal Year
(FY) 2024/25 and Authorizing the
Public Works Director or Designee to
Submit the Plan to the Madera County
Transportation Authority (MCTA) for
Adoption. Motion passed by roll call
vote.

Completed
Fairmead Consolidation
Project 7/2024
the HSR received the City s legal documents on the reimbursement agreement and they are working on a response. SWRCB has submitted an agreement and has asked our legal for an opinion which they are in the process of reviewing
Reported by Admin
Moving forward with QK doing the final design and getting the project ready for bid Reported by Admin
High Speed Rail received our legal comments on the reimbursement agreement and they are working on a response. SWRCB has not provided the funding agreement yet but it is anticipated to be done by the end of July.

Weekly Activities
Report Reported by
Admin 7/6-9/2024
High Speed Rail has provided an updated agreement after reviewing our legal comments and now legal is looking at the revisions Weekly Activities
Report Reported by
Admin 7/27-30/2024
10-2024
Waiting for final internal approval process from HSR for our reimbursement agreement. This will be used for the design part of the project which happens first. Still just waiting on High Speed Rail to do the final review and approval of the reimbursement agreement and then we can start the design phase.

Weekly Activities
Report Reported by
Admin
11-2024 Had email communication with High-Speed Rail and their audit division has finalized the review of the agreement and it is ready to move forward.

Weekly Activities
Report Reported by
Admin
12/2024 Still waiting on High Speed Rail to approve the reimbursement agreement to start the design
1/2025
Received the agreement from HSR and I signed it; Now waiting for HSR to sign and send us the fully executed copy, Then we will have QK begin the design.

Weekly Activities
Report Reported by
Admin
1/2025
Followed up with HSR on the Fairmead Reimbursement Agreement. HSR stated it has passed the legal review and now needs to be approved by their Chief Administrative Officer and CEO. Once it is approved by both, it will come back to the City for signature.

In Progress
Robertson Blvd.

Rehabilitation and
Complete Streets/Caltrans
12/2023 Attended monthly status meeting for the SR 233/Robertson Blvd. CAPM Project with Caltrans
Wkly Activity Report
12/10/23
5/2024
Caltrans open house for the SR233 / Robertson Blvd. CAPM project to receive comments. Open House was on 4/24/24 at the Civic Center Council Chamber from 5-8pm. We had 3 people show up (two affiliated with the City) and no comments received.
7/2024
Attended meeting with Caltrans for update on the project. Design still moving forward and they are currently working on incorporating the road improvements to Washington that Century communities will be doing in the future for the Lone Oak development.
11/2024
Attended progress meeting with Caltrans regarding the SR 233/Robertson CAPM Project. Environmental documents have been completed. Caltrans has received funding to move into design and expect 60% design plans by April 2025
On Going
Clean CA Grant/
Robertson Blvd.

Beautification Project
Mayor Pro Tem Ahmed inquired about follow up with Caltrans regarding fallen palm fronds. Public Works Director Rogers noted that there currently is no maintenance schedule for palm tree frond pickup and suggested entering into maintenance agreement with Caltrans, in which the City can be reimbursed for work normally tasked to Caltrans.

Public Works met with Caltrans and had
a discussion but no agreement was made
at this time.

Verbal Staff Report
West Coast Arborist Completed Work Wkly Activities
Report 7/2/23
4/2024
Bid advertisement closed on April 18, 2024. City received 1 response. Bid is currently being reviewed for completeness and responsiveness. City received request from Caltrans to change part of the scope of project and remove the lighted crosswalks as they are no longer compliant with Caltrans standards on state highways and will be removed in 2 years when they resurface Robertson Blvd. City has requested a meeting with Caltrans next week to discuss further and to see if additional lighting or other improvements can be added in place.
4/18/2024
7/2024 Council awarded to Granite Construction on 6/25/24. Staff working on setting up pre-construction meeting. – Smartsheets Project Weekly Activities
Report 7/6-9/2024
7/2024
Attended pre-construction meeting with Granite Construction for the project. Estimates start date is August 19 with estimated completion by the end of October.
7/2024
Construction ongoing. Pavement completed. Striping completed and road re-opened. Waiting on pipe to be delivered for continuation of the water main stub outs.
8/2024
Robertson Boulevard Beautification Amendment was presented to and adopted by the City Council at their special meeting. this grants the City an additional $228,880 to bridge the cost gap. The project bid that was accepted came in at $1,084,880 to complete the project. Clean CA grant funded the City $856k for the project, leaving a deficit of $228,880. 10/2024 They are doing the sidewalk, curb ADA upgrades and bulb-outs first Weekly Activities
Report Reported by
Admin
10/2024
Caltrans has approved the traffic plan and we are ready to have the contractor begin work. They are supposed to start next week. Clean CA Robertson Blvd project has begun as of 10/21. They are supposed to be done in 60 days, Pedestrian safety and ADA improvements and median beautification by the railroad crossing.

Weekly Activities
Report Reported by
Admin
11/2024
At 11th St. the crosswalk was not accessible for the kids going to school but Jason met with them and they have now provided a path. We also had an issue at 5th St. with customer access to businesses and parking access.

Some intersections have been temporarily opened and pedestrian access has been improved. Cross walk at 11th is available for kids to cross.

Weekly Activities
Report Reported by
Admin
12/2024 Working on the other side of 11th street now. Concrete work completed on median but still have the landscape and arch to do.
1/2025
Apparently the crew hit an ATT line on the corner of 13th but nobody knew it because the School was not in session and they poured concrete over it. As of 1/8 it was dug up and ATT made the repairs and the phone lines are back on for Wilson.

Weekly Activities
Report Reported by
Admin
1/2025
Attended weekly progress meeting with Granite. Project moving forward.

Granite’s sub-contractor accidentally cut the phone line while trenching.

Looking at the USA markings in the field, AT&T did not mark that they had lines present in the area. AT&T and Granite were able to identify the location outside of the new concrete and fix the issue.

Weekly Report In Progress
Pickleball Court/Prop 68
Grant 10/2023
Conducted a bid opening for the Ed Ray Pickleball Courts. 9 bids were received. Engineer's estimate was $250k, with a low bid of $192k and a high bid of $310k. Began review of bids for completeness and responsiveness. Plan on brining to Council for award on 11/11/23.

Wkly Activity Report
10/15/23
12/2023

6.1 Resolution Awarding the bid for Construction: Prop 68 Grant Project - Pickle Ball Courts at Ed Ray Park to JT2 DBA Todd Companies, in the amount of $192,750. Upon analysis of the bids submitted, staff recommends awarding JT2 Inc. dba Todd Companies the agreement as the lowest, responsive bidder.
12/12/2023 New
Business
4/2024 Construction started 4/22/24. Estimated completion August 2024 Weekly Activities Report 4/27/2023
7/2024
Pickleball Courts Project – Construction completed. City inspector to verify that all contract items are complete. Possible Notice of Completion to City Council on July 23rd council meeting.

Weekly Report
8/2024
Staff will be putting up a 6ft fence around the courts. Not for security but for aesthetics and convenience of not having to chase the balls. Staff is looking into the cracks that were identified and will speak to contractor.

3.4 Consideration and Adoption of a City Council Resolution (48-24) Accepting Improvements and Authorizing the Filing of the Notice of Completion for the Prop 68 Grant Project – Pickleball Courts at Edward Ray Park (Rogers)
Motion by Council Member Barragan,
Seconded by Council Member Troost to
Approve the Consent Calendar as
Presented. Motion passed by roll call
vote with Mayor Smith absent.

Completed
Kings Ave Storm Drain
Project & ADA Sidewalk
Improvement Project
Attended meeting with HCD to discuss CDBG Planning Grant Applications. HCD requested additional edits and documentation.

Compiled and edited as requested and submitted to HCD for review and approval. Planning grant would provide approx. $188,000 for design of Storm drain improvements on Kings Ave.

Wkly Activities
Update 4/23/23
12/2024 QK is currently working on 90% plans and should have them completed for QC. Revised to QAQC- all utilities and cleaned up the points.

Sonoma Storm Drain
Project/ Urban Runoff 4/2023
Received the 100% design plans for the Prop 1 - Urban Runoff Project (Sonoma Storm Drainage Project) Reviewed and submitted to SWRCB for review and comments.

Wkly Activities
Report 4/16/23
10/2023 Received several questions from potential bidders on the Urban Runoff Project. Answered questions and posted addendum to the bid notice Wkly Activity Report
10/18/23
10/2023
Received additional questions from potential bidders before the question submittal deadline on the Urban Runoff Project. Answered questions and posted addendum to the bid notice. Bid opening on 10/26/23.

Wkly Activity Report
10/15/23
10/2023
Conducted bid opening for the Urban Runoff Project (Sonoma Storm drain) and received 7 bids. Engineer's estimate was $3.1-million with a low bid of $2.8-million and a high bid of $5.1-million. Began review of bids for completeness and responsiveness. Plan on bringing to Council for award on 11/14/23.

Wkly Activity Report
10/22/23
11/2023
New Business: 6.1 Resolution Awarding Contract for Urban /runoff Management Project for $2,811,990 to Rolfe Construction. Staff has reviewed the bid submitted by Rolfe Construction Inc. along with information regarding their previous work experience. Based on the review, Staff has determined the bid submitted is responsive and Rolfe Construction Inc. to be a responsible contractor. Staff recommends City Council award the contract, for the Urban Runoff Management Project to Rolfe Construction Inc. and authorize the construction contingencies in the amount of 10% of the contract, as approved by the Public Works Director.
4/2024
PW: Construction scheduled to begin April 22; contractor to meet with staff first to verify irrigation lines. The Urban Runoff Project, aka Sonoma Drains Project, began on 4/11 with construction mobilization, and, safety fencing was erected at Ed Ray Park.

Weekly Activities
Report 4/20/2024
4/2024 Project started 4/25/24. Anticipated completion December 2024. Weekly Activities Report 4/29/2024
7/2024
15th street is closed to through traffic by the park
The softball fields are done but they are working on the parking lot and street. Rest of the project should be done by December.

Weekly Activities
Report 7/9/2024
7/2024 Sonoma Storm Drain is under construction; Ed Ray parking lot still needs to be completed as well as inlets and pipe installation along Sonoma. City Administrator 8/2024
There are some compaction issues due to there not being a sub foundation under the current road. This is causing a larger scope of work which is higher costs. For the second time now, the contractor has hit a gas line and residents had to evacuate. Additional funds were awarded to complete the project.
8/31-9/3
Multiple gas line breaks in the last week or so; 1st two were because PGE did not mark the lines correctly. The 3rd was due to the contractor (that was the one that caused the school to be evacuated).
1/2025
Construction ongoing. Contractor working on punch-list items and additional patching. We anticipate it being fully completed by January and brought back for project acceptance.

In Progress
Former Library Building 5/2024
MOU signed by both parties June 2023. as of 5/7/24, the Historical Society has not received any updates from the State regarding their State Historical Designation application.
9/2024 5.1 Discussion and/or Direction of the City of Chowchilla’s Former Library and Future Use of the Facility (Rogers)
The City Council directed staff to verify
if the state received the application sent
in by the Chowchilla Historical Society
and bring back the result at the next City
Council meeting.
10/24
Consideration and Adoption of a City Council Resolution (56-24) to Extend the Annual Public Review Period for Expenditures Related to Measure T to 30 Days (Rogers)
It was the consensus of the city council
to bring the MOU back to council to
decide whether or not to amend it.
10/2024
Bringing this back to council with a updated timeline since MOU was approved. The State did confirm they received an application now but they state it appears they have not seen this before, because there are a lot of issues with it and would have been addressed if submitted previously.

The application will be kicked back because of the issues and will need to be resubmitted. They stated it could take up to year to review once the application is accepted and revisions are made.

Reported by City
Admin Weekly
Update ending
10/1/24
Green Hills 9/2024

6.1 Consideration and Approval of a Well Installation Permit Application Pursuant to Chowchilla Municipal Code Section 8.20 and 13.04 Requested by Pheasant Run, LLC (Rogers)
Motion by Mayor Pro Tem Ahmed,
Seconded by Council Member Barragan
to Approve a Well Installation Permit
Application Pursuant to Chowchilla
Municipal Code Section 8.20 and 13.04
Requested by Pheasant Run, LLC.

Motion passed by roll call vote with
Council Member Troost abstaining.

Ed Ray Park Tower 11/24 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.
1/2025 Mini-RFP currently out for bid. Proposals due 1/28/25.

Airport/FAA 4/23 Reviewed CatEX environmental documents for future potential airport projects and submitted to the FAA.

Wkly Activities
Report 4/2/23 Completed
5/2023

1.1 Consideration and Adoption of a City Council Resolution (35-23) Accepting Improvements and Authorizing Filing of the Notice of Completion for the New Beacon and Beacon Tower Project (Rogers).

Actions following approval: Filing of the Notice of Completion with Madera County Recorder. Release of 5% retention in the amount of $9,259.25 to Vellutini Corporation dba Royal Electric Company.

Motion by Council Member Ahmed,
Seconded by Council Member Troost to
approve the consent calendar as
presented. Motion passed unanimously
by roll call vote.

Consent 5/30/23 Completed
8/2024

6.4 Consideration and Adoption of a City Council Resolution (52-24) Awarding Consultant Services for Airport Engineering Services, and Planning & Environmental Consultant Services to Brandley Engineering, Inc. and Authorizing the City Administrator to Execute the Agreements on Behalf of the City (Rogers)
Motion by Council Member Troost,
Seconded by Council Member Barragan
to Approve City Council Resolution #52-
24, Awarding Consultant Services for
Airport Engineering Services, and
Planning & Environmental Consultant
Services to Brandley Engineering, Inc.
and Authorizing the City Administrator
Completed
12/2024
Jason and I had a meeting with FAA the previous week to discuss the “White Buildings.” No real change from the opinion letter but are looking to get another meeting with a different department within FAA Admin Weekly Report
1/2025 Reached out to FAA to follow up on Salter’s situation and they are still waiting on a response for clarification on “congregation of people” and I Admin - Weekly
Report On Going
Chowchilla Boulevard
Rehab & Water Stub Outs 7/2024
Construction ongoing. Pavement completed. Striping completed and road re-opened. Waiting on pipe to be delivered for continuation of the water main stub outs.
7/2024 Construction ongoing. Paving to continue July 10th Weekly Reports On Going 9/2024 Paving completed
1/2025 Autozone completed restriping in front of their facility.

SR 99/233 Interchange
(2017)
Resurface State Route 233 (Robertson Blvd) from Avenue 24 ½ to State Route 99 (2.1 miles)
Caltrans staff was recently informed
that the above project could be eligible
to receive an additional $4,000,000 in
IIJA funds from the USDOT to
12/2023 Attended monthly Status meeting for the Chowchilla Interchange Project (roundabouts)
Wkly Activity Report
12/10/23
5/2024
Caltrans still in design. Due to the Community Project Fencing (CPF) request that was submitted by PW, received notification from Congressman Duarte's office that he is interested in the SR 99/233 Chowchilla Multimodal Interchange Improvement Project (roundabouts) for consideration of $7-million for FY25.
7/2024
Attended a meeting with Caltrans to discuss ROW for the Chowchilla Interchange (Roundabouts) project including access control, relinquishments, and utility easements
1/2025
Attended SR 99/233 Chowchilla Interchange Project:

MCTC/City/Caltrans Monthly Check In. The Right-of-Way limits have been set and Caltrans will begin the process to acquire the ROW. 30% Design completion anticipated by Summer 2025.

On Going

REPORT TO THE CITY COUNCIL
Item 3.8

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: January 28, 2025
AGENDA SECTION: Consent
SUBJECT: Consideration to approve Sports League Facility Use Agreements PREPARED BY: Stacy Wisener, Deputy Director of Recreation & Community Engagement ATTACHMENTS: Resolution approving Sports League Facilities Use Agreements; Sports League Facilities Use Agreements for each organization.

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

Staff recommends that the City Council adopt the attached resolution authorizing the City Administrator to enter into agreements with Chowchilla Community Soccer League, Chowchilla Little League, Chowchilla Girls Softball, Chowchilla Flag Football, Chowchilla Adult Recreation, and Chowchilla Union High School for the use of the City’s fields.

BACKGROUND:

The Chowchilla Community Soccer League, Chowchilla Little League, Chowchilla Girls Softball, Chowchilla Flag Football, Chowchilla Adult Recreation, and Chowchilla Union High School are all established organizations that provide essential recreational activities within our community. These organizations promote health, wellness, and community involvement through their respective sports programs.

Historically, the City of Chowchilla has partnered with these organizations to ensure access to the City's facilities for their programs. These agreements formalize the relationship and ensure that facilities are used effectively while supporting the organizations' activities.

The proposed Sports League Facilities Use Agreements define the terms under which these organizations will access and use the City’s fields and recreation building. This approach ensures that:

1. The facilities are maintained in good condition.

2. Scheduling is coordinated and equitable.

3. Liability and other legal requirements are addressed.

The agreements will also outline each party’s responsibilities for facility care, liability insurance coverage, and the scheduling of activities. These agreements aim to enhance collaboration between the City and the organizations, ensuring continued support for recreational opportunities in Chowchilla.

FISCAL IMPACT:

The approval of these agreements is not anticipated to have a significant fiscal impact. Any associated costs related to facility maintenance will be managed within the City’s existing Parks budget.

ALTERNATIVES:

1. Do Not Approve the Agreements:

This could result in scheduling conflicts, facility misuse, and potential liability concerns for the City.

2. Limit Facility Use:

Restrict agreements to fewer organizations, reducing facility strain but limiting community offerings.

3. Delay Action:

Postpone approval to allow for further review, though this could disrupt program planning.

COUNCIL RESOLUTION # XX-25

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

TO APPROVE SPORTS LEAGUE FACILITY USE AGREEMENTS WITH CHOWCHILLA

COMMUNITY SOCCER LEAGUE, CHOWCHILLA LITTLE LEAGUE, CHOWCHILLA GIRLS

SOFTBALL, CHOWCHILLA FLAG FOOTBALL, CHOWCHILLA ADULT RECREATION, AND

CHOWCHILLA UNION HIGH SCHOOL
WHEREAS, Chowchilla Community Soccer League, Chowchilla Little League, Chowchilla Girls Softball, Chowchilla Flag Football, Chowchilla Adult Recreation, and Chowchilla Union High School (collectively “Organizations”) are exempt from federal income tax pursuant to Internal Revenue Service Code, and are recognized as providers of sports activities in the City of Chowchilla (“City”) community; and
WHEREAS, the Organizations desire to conduct sports activities for community members, which foster opportunities promoting health, wellness, and community involvement; and WHEREAS, the City desires to enter into agreements with these Organizations for their use of the City’s fields and the recreation building.

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

1. The foregoing recitals are true and correct; and

2. The approval of the Sports League Facilities Use Agreements between the City of Chowchilla and Chowchilla Community Soccer League, Chowchilla Little League, Chowchilla Girls Softball, Chowchilla Flag Football, Chowchilla Adult Recreation, and Chowchilla Union High School are hereby authorized; and

3. The City Administrator is hereby authorized and empowered to execute in the name of the City of Chowchilla the agreements attached as “Attachment 1.” PASSED AND ADOPTED by the City Council of the City of Chowchilla this 28th day of January, 2025 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
City of Chowchilla

SPORTS LEAGUE

FACILITIES USE AGREEMENT

CHOWCHILLA ADULT RECREATION
This SPORTS LEAGUE FACILITIES USE AGREEMENT is made and entered into this 14th day of January 2025, between the City of Chowchilla (CITY) and Chowchilla Adult Recreation (ORGANIZATION) for the use of public facilities owned by the City of Chowchilla.

DEFINITIONS:

1. AGREEMENT
This Sports League Facilities Use Agreement, and any amendments subsequently lawfully entered into between the parties.

2. NOTICE
Acceptable notification between the CITY and the ORGANIZATION can consist of either a printed hardcopy or an email.

3. CITY REPRESENTATIVE
The designee (s) assigned by the City Administrator are to act in good faith as agents of the CITY.

4. CITY NOTICE ADDRESS
City of Chowchilla, Attn: Recreation Department, 130 S. Second Street, Chowchilla, CA 93610.

5. TAX-EXEMPT STATUS
Either the PARENT ORGANIZATION or the ORGANIZATION must be exempt from federal income tax in accordance with the Internal Revenue Code, and be able to provide an appropriate determination letter from the Internal Revenue Service (IRS) recognizing the organization's tax exemption, and maintain an active tax-exempt status for the duration of this AGREEMENT.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 2 6. ORGANIZATION
Chowchilla Adult Recreation, a tax-exempt organization whose United States tax identification number is 47-1653106, is regarded as the principal provider of organized adult recreational sports in the City of Chowchilla.

7. ORGANIZATION REPRESENTATIVE
The designee (s) assigned by the board, officers, or similar representatives to act in good faith as an agent of the ORGANIZATION. This agent should be the President of the Board.

8. ORGANIZATION NOTICE ADDRESS
Chowchilla Adult Recreation, P.O. Box 756, Chowchilla, CA 93610

9. ORGANIZATION BOARD
A list of all board members and their titles needs to be submitted to the City. A majority of Chowchilla residents must be on the ORGANIZATIONS Board to be considered for a Facility Use Contract with the CITY unless other agreements have been made in the event this is not possible.

10. PROGRAM
Adult recreation sports such as, softball, volleyball, and other activities.

11. FACILITIES
The ORGANIZATION shall be allowed to use facilities within the Edward Ray Park, 625 North 15th Street, Chowchilla, CA, including the two softball fields with sports field lights (lights use fees apply), concession stand building, park restrooms, recreation building on a limited use basis and when available for registration activities, coaches meetings, team meetings, and other related activities, and on-site parking areas. The ORGANIZATION must send a request prior to the requested date and coordinate availability for use of the recreation building. This is a shared facility and may not always be available.

12. SEASON
The ORGANIZATION shall determine their specific playing season(s) that includes tryouts, practices, games, and any special activities within the calendar year(s) commencing January 1 and ending December 31. The seasons for Adult Recreation are Summer and Fall Season.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 3 13. TERM
The term is one SEASON from the date of approval. The term shall expire December 31, 2025.

BOTH PARTIES AGREE TO THE FOLLOWING:

1. TERM AND TERMINATION
This AGREEMENT shall remain in full force and effect for its entire TERM unless otherwise terminated by either party. This AGREEMENT may be terminated at any time by either party hereto by giving to the other a written notice of termination to either the CITY NOTICE ADDRESS or the ORGANIZATION NOTICE ADDRESS, as appropriate, no less than thirty (30) days prior to the intended termination date. Notices shall be provided either personally or by certified mail, and a return receipt will be requested. Notices shall be deemed given on the date personally delivered or forty-eight (48) hours after deposited in the mail.

2. MUTUAL COOPERATION
The ORGANIZATION and the CITY agree to meet no less than once each year preceding the start of each SEASON to discuss the respective needs of each party during the upcoming SEASON, the expected use of the FACILITIES by the ORGANIZATION, and the elements of this AGREEMENT and any necessary adjustments.

The ORGANIZATION may use no other CITY property unless prior written consent is received from the CITY.
c. The FACILITIES are only to be used for the PROGRAM. Use of the FACILITIES by an individual(s) for personal use that is not part of an organized team or group activity, such as practice or a game, within the parameters of the SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 4 PROGRAM is strictly prohibited. This includes drop-in, one-on-one activities, or practices where a PROGRAM team of coaches and players is not participating. d. The ORGANIZATION acknowledges that the FACILITIES are for public use outside the PROGRAM's parameters. The CITY acknowledges the financial and time commitment of the ORGANIZATION to the FACILITIES. The CITY recognizes and accepts the preference and need of the ORGANIZATION to restrict access to the FACILITIES during the PROGRAM SEASON(S) to maintain the integrity of the grounds, field, and amenities. The ORGANIZATION accepts the CITY will open the FACILITY for public use when not in SEASON. e. The ORGANIZATION shall notify the CITY of their intent to provide the PROGRAM no later than two (2) months prior to finalizing registration activities. f. The Chowchilla Municipal Code regulates that parks are closed between 10:00 PM and 7:00 AM. The CITY will permit the ORGANIZATION to occupy the FACILITIES between 7:00 AM and 10:00 PM for regular activities during the SEASON. The CITY may provide a time extension for approved special activities, such as opening day preparation or tournaments, provided the CITY REPRESENTATIVE is notified in advance in writing, electronic or otherwise, and has approved the activities.
g. The ORGANIZATION shall provide to the CITY a draft schedule of the weeks and days of the anticipated SEASON for practice sessions, games, and special activities, such as opening day ceremony, as soon as it is defined so that fields can be blocked from requests for conflicting uses.
h. The CITY will notify the ORGANIZATION no less than forty-eight (48) hours before any activities, including non-emergency maintenance and construction projects, that may conflict with using the FACILITIES by the ORGANIZATION.

Emergency tasks may require a notification of less than forty-eight (48) hours.

The CITY will notify the ORGANIZATION no less than three (3) weeks in advance for any pre-scheduled community events. The FACILITIES may not be available by the ORGANIZATION during CITY events, programs, and projects. i. As soon as the ORGANIZATION has produced a final schedule of weeks, days, and times, and prior to the start of any use of the FACILITIES, a copy of the SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 5 schedule shall be provided to the CITY so the PROGRAM uses can be listed on the CITY internal facilities calendar.
j. The ORGANIZATION shall notify the CITY in advance of any schedule changes, additions, or deletions contrary to the published schedule, and the CITY shall attempt, if needed, to accommodate the adjustments. The FACILITIES are not available to the ORGANIZATION for use on any date not provided by the ORGANIZATION to the CITY in advance of such use.
k. Temporary operational and/or services structure(s) (such as portable toilets or concession trailers) shall not be placed on or used by the ORGANIZATION at the FACILITIES without prior approval from the CITY. The ORGANIZATION may request prior written consent by contacting the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS at least three (3) weeks prior to the intended installation date of any structure.

4. VEHICLE ACCESS AND PARKING POLICY
a. Prohibited Areas: Vehicles are strictly prohibited from entering any area of the FACILITIES that is not designated for public vehicular traffic. b. Special Requests: The ORGANIZATION may submit a written request to the CITY for prior approval of limited and temporary vehicle access to restricted areas of the FACILITIES.
c. Parking Restrictions: Parking outside designated parking lots, including on CITY grass, fields, or other property, is strictly prohibited. d. Enforcement:
i. If a vehicle is found parked in a prohibited area, CITY staff may instruct the vehicle owner to remove the vehicle immediately.
ii. If the vehicle owner fails to comply, the Chowchilla Police Department may be contacted to enforce the removal.
e. Repeated Violations: Repeated instances of noncompliance with this policy during the ORGANIZATION's functions will be deemed a willful violation of this contract and may result in immediate termination of the agreement.

5. CONCESSION OPERATION
a. The ORGANIZATION, an approved non-profit direct affiliate, an approved mobile, or a similar private vendor, may provide a concession operation to participants and attendees as part of the PROGRAM at the FACILITIES. A notice SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 6 of intent to provide a concession operation must be submitted to the CITY REPRESENTATIVE, in writing, electronic or otherwise, no less than four (4) weeks prior to the start of the PROGRAM to ensure compliance with all CITY regulations and requirements.
b. Any mobile or similar private vendor must comply with the current Chowchilla Municipal Code, meet all regulatory provisions, possess a current City of Chowchilla business license, and be approved by the CITY as authorized to conduct concession business within the CITY limits. The Chowchilla Community and Economic Development Department and the Chowchilla Finance Department are the authorizing agents for private vendor operations. c. The ORGANIZATION, direct affiliate, or approved private vendor must comply with all Madera County Health Department regulations and licenses pertaining to concession operations and provide proof of compliance if requested by the CITY. d. Concession vehicles are restricted from being set up on adjacent paved street surfaces, and no concession vehicle may be driven, parked, or otherwise placed upon FACILITIES property without prior approval from the CITY REPRESENTATIVE.
e. The ORGANIZATION, direct affiliate, or approved private vendor provides all supplies and goods.
f. The CITY will not be responsible for any loss of goods, supplies, or equipment incurred by the ORGANIZATION, direct affiliate, or approved private vendor. g. The ORGANIZATION must ensure all food contents are securely sealed in airtight containers and waste disposed of regularly.

6. SPECIAL EVENTS
a. The ORGANIZATION may conduct special events, such as opening day activities, workshops and similar events, at the FACILITIES, but must submit a request to the CITY REPRESENTATIVE in advance in writing, electronic or otherwise, no less than thirty (30) days, preferably sooner, prior to the special event date. The CITY must provide prior approval to the ORGANIZATION before the special event can be promoted and conducted.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 7 b. The CITY may require additional conditions not prescribed in this AGREEMENT to accommodate the special event. Any such conditions will be provided to the ORGANIZATION by the CITY either verbally or in writing.

7. PROGRAM REGISTRATION FEES
The ORGANIZATION is solely responsible to set and collect any and all PROGRAM registration fees. The CITY will not accept any payments on behalf of the ORGANIZATION.

8. SPECTATOR ADMISSION CHARGES
The ORGANIZATION is prohibited from charging a spectator admission fee, or similar, to any aspect of the PROGRAM or special event conducted on CITY park properties and within any FACILITIES.

9. BACKGROUND SCREENING OF VOLUNTEERS
a. The CITY understands that organizations depend heavily upon volunteerism. The goal of the CITY and, hopefully, the ORGANIZATION is to enhance public confidence and lessen the risk of exposure to liability due to a lack of knowledge regarding volunteers' backgrounds. Therefore, the CITY urges but does not require all youth-serving organizations utilizing CITY FACILITIES to take steps to screen volunteers. The time, energy, and financial investment in prevention strategies, such as conducting a proper background screening, represents a fraction of the impact incidents such as sex abuse, violence, neglect, or other crimes and abuses can have on PROGRAM participants, the ORGANIZATION and the community. The saying that a “bad volunteer is better than no volunteer” is untrue and dangerous, and should never be considered appropriate. b. Volunteers are to be considered with the same scrutiny as paid staff and should be recruited, screened, trained, supervised, and evaluated with the same rigor as paid staff. In most cases, the law does not differentiate between paid versus volunteer staff.
c. A comprehensive and due diligent background screening practice can be an achievable benchmark for all youth-serving organizations when positioned as a public safety or risk management issue. The background screening process is ongoing and should be subject to review and changes at any time. These guidelines are based on practices in the private, public, and non-profit industries.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 8 d. The CITY recommends that the ORGANIZATION follow the recommendation of the National Recreation and Park Association and National Alliance for Youth Sports to implement the volunteer management guidelines for credentialing volunteers through comprehensive background screening. More information can be found at the National Alliance for Youth Sports website at www.nays.org under resources.

10. CODE OF CONDUCT
a. The CITY places strong emphasis and value on being able to provide outdoor CITY park properties and/or FACILITIES for user groups to recreate actively.

The objective is to make sportsmanship and athletics part of the field's use program while ensuring everyone respects one another. All user groups that utilize outdoor CITY park properties and/or FACILITIES are expected to display positive sportsmanship, encouragement, and respectable conduct. The ORGANIZATION is required to comply with the following;
i. All ORGANIZATION leadership will show proper respect for the rules of play, the authority of officials, and consideration of the opponent and the contact with whom contact is made.
ii. All field users shall behave in a manner that shows good sportsmanship and good citizenship at all times.
iii. Any form of obscenity or abuse towards participants, CITY staff, spectators, coaches, and/or officials will not be tolerated. Any individual using abusive or foul language must be removed from the field. iv. All field users will always accept the judgment of the official. v. All field users will respect and protect the property of the CITY. vi. The highest ideal in sportsmanship shall be developed, and instruction on the proper skills and rules pertaining to the game will be provided respectfully.
vii. All field users must maintain self-control and respect when dealing with any official, CITY staff, or fellow user group.
viii. All groups must abide by and observe all rules and regulations which the CITY has established.
ix. All users and representatives, including the board, coaches, and spectators, will treat all CITY staff with respect at all times.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 9 b. The ORGANIZATION agrees not to allow any loud, boisterous, or disorderly persons to remain about the FACILITIES during any PROGRAM activity. c. The ORGANIZATION shall not knowingly permit any illegal activities or violation of any Chowchilla Municipal Code ordinances to be conducted upon any CITY park properties and/or at FACILITIES during any PROGRAM activity.

11. ALCOHOL AND TABACCO PROHIBITIONS
a. Alcohol Restrictions:

It is unlawful under the Chowchilla Municipal Code for any person to drink, possess, carry, transfer, or sell alcoholic beverages—including unopened containers—in, on, or within any CITY park properties or FACILITIES. b. Tobacco and Smoking Restrictions:
i. Youth Sports Events: California state law prohibits the use of tobacco products within 250 feet of a youth sports event held at CITY park properties or FACILITIES.
ii. Recreational Areas: Chowchilla Municipal Code Section 8.26.30(A) prohibits smoking in all "recreational areas," defined as public or privately-owned areas controlled or used by the CITY and open to the public for recreational purposes, regardless of age or fee requirements. Examples include parks, picnic areas, playgrounds, sports fields, walking and bike paths, gardens, riding trails, swimming pools, and skateboard parks.
iii. Exclusions: Recreational areas do not include streets or sidewalks within or adjacent to public rights-of-way.
iv. For additional information on restricted areas, refer to Chowchilla Municipal Code Section 8.26.00.

12. NONDISCRIMINATION
The ORGANIZATION shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person in operation, conduct, or administration of its PROGRAM.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 10 c. The ORGANIZATION is prohibited from duplicating any CITY key(s). The ORGANIZATION is prohibited from sharing the CITY key(s) and/or alarm code with any person(s) not authorized by the CITY.
d. The ORGANIZATION will provide a list of board members and returning managers who will retain any assigned CITY key(s) until they are no longer volunteers with the ORGANIZATION, upon which time the assigned CITY key(s) shall be returned to the CITY.

14. FACILITIES MAINTENANCE
a. The ORGANIZATION acknowledges that the FACILITIES are provided for use "as-is" and just as they are, without any liability or obligation on the part of the CITY to make any alterations, improvements, or repairs of any kind. b. The CITY will provide routine grounds maintenance and repairs to the FACILITIES throughout the SEASON, which includes mowing, irrigation, general safety maintenance, and CITY-authorized project work. c. The ORGANIZATION is responsible for all FACILITIES field preparation, line painting, maintenance, and placement of any equipment used in the PROGRAM.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 11 f. The ORGANIZATION shall be solely responsible for performing practice and game-day preparations and maintaining the FACILITIES specific to their PROGRAM. Any special work that exceeds the routine practice/game day maintenance that the ORGANIZATION wants to undertake must first be submitted for review and approval by the CITY. The proposed work shall be presented to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. g. During the SEASON, the ORGANIZATION shall ensure that all trash and litter is placed into CITY trash receptacles to the best of their ability. The CITY encourages the ORGANIZATION to notify the CITY REPRESENTATIVE of the need for the CITY to provide additional temporary trash receptacles during a PROGRAM or special event. Trash bags and boxes are not to be placed outside any trash receptacle. The ORGANIZATION must remove all excess trash not contained within a trash receptacle from the FACILITIES. h. The ORGANIZATION must remove all excess amounts of trash and litter from the FACILITIES and place the debris in the trash hauler bins located adjacent to the concession stand, including but not limited to uniform and awards packing materials, food containers, and packing and storage boxes. Such debris items are not to be disposed of in the park trash receptacles as these are only emptied once or twice a week, depending on the park maintenance schedule. i. During the SEASON, the ORGANIZATION will monitor the FACILITIES, including, but not limited to, the sports fields and associated amenities, the recreation building, and the park restrooms, and will report any problems and maintenance needs to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
j. The ORGANIZATION must report any graffiti on advertising, equipment, and/or facilities to the CITY REPRESENTATIVE within twenty-four (24) hours following the observance of the damage or graffiti.

15. SPORTS FIELD LIGHTS
a. The ORGANIZATION has the primary responsibility of managing the FACILITY's sports field light usage (turning lights on and off) in accordance with PROGRAM needs. The CITY and ORGANIZATION will coordinate the installation of locks with keys to secure access to the light control switches.

The CITY and ORGANIZATION will each have a full set of keys to all locks.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 12 b. The CITY requests the FACILITIES sports field lights not be used later than 10:00 PM though exceptions will be allowed periodically with the requirement that all FACILITIES sport field lights must be turned off no later than 11:00 PM.
c. The ORGANIZATION is responsible for all usage costs associated with its use of FACILITIES sport field lights used for the PROGRAM during the SEASON. This obligation includes, but is not limited to, any lights inadvertently scheduled with the CITY by the ORGANIZATION before or after the desired use and/or for lights requested by the ORGANIZATION participants for unauthorized games or practices.
d. During the SEASON, the ORGANIZATION will not alter the FACILITIES in any manner prior to the approval from the CITY.
e. The CITY will invoice the ORGANIZATION at the end of each SEASON for the use of the FACILITIES sport field lights. This amount was determined from a 2018 sports field electric costs audit. Each subsequent SEASON the previous year's amount is multiplied by an annual percentage adjustment. The adjustment is determined from either a rate adjustment charged to the CITY by the power provider (PG&E) or by the annual percentage change of the Consumer Price Index (CPI), whichever is greater. If the ORGANIZATION chooses not to use the field lights, they must notify the CITY; otherwise, they will be billed accordingly.
2025
Summer $455.51
Fall $493.47
Total: $948.99

16. INCIDENTS OR ACCIDENTS
The ORGANIZATION shall report any incidents or accidents that have caused or may cause injury to a person(s) or CITY property to the CITY within twenty-four (24) hours of the incident or accident. A CITY incident/accident report must be completed within forty-eight (48) hours of any incident or accident and submitted to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. At the discretion of the ORGANIZATION, a request may be asked of the Chowchilla Police Department to make SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 13 an official report to be provided to the CITY to complement the CITY incident/accident report.

17. PROGRAM MANAGEMENT
a. The ORGANIZATION serves as the sole party responsible for the management, oversight, implementation, and supervision of the PROGRAM. b. The CITY shall have no responsibility with regard to the PROGRAM.

18. PROGRAM PROMOTION
The CITY will promote information that meets the approved criteria of the CITY on behalf of the ORGANIZATION through the available CITY media resources and at CITY buildings and/or other facilities.

19. ADVERTISING
a. If desired, the ORGANIZATION may advertise the PROGRAM and/or sponsors at the FACILITIES in a manner that must comply with current CITY sign standards. The CITY will consider alternate ideas for sponsor displays only if the displays meet the requirements of the Chowchilla Municipal Code, are in accordance with approved CITY policies, and if sufficient lead time is provided to allow the CITY to review the proposal(s).
b. The ORGANIZATION is permitted to attach advertising to CITY amenities, such as field fences, at the FACILITIES following approval by the CITY to promote the PROGRAM and/or sponsors up to four (4) weeks prior to each SEASON. All advertising must be removed within two (2) weeks after the SEASON. c. The ORGANIZATION prohibits installing temporary or permanent advertising support structures, such as but not limited to, posts, at the FACILITIES. d. The ORGANIZATION is responsible for the maintenance and/or removal of any advertising installed by the ORGANIZATION due to safety issues and/or graffiti. e. The ORGANIZATION shall remove any damaged advertising that is not repairable within forty-eight (48) hours following the observance of the damage.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 14 f. If the CITY is forced to remove damaged advertising due to inaction by the ORGANIZATION, the CITY may charge the costs of removal to the ORGANIZATION at an amount determined by the CITY Master Fee Schedule in effect at the time of the PROGRAM or by actual incurred expenses.

20. HOLD HARMLESS/INSURANCE REQUIREMENTS
a. The ORGANIZATION shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees arising from, caused by, or in any way connected with the PROGRAM, the ORGANIZATION, and/or use of the FACILITIES except for claims arising out of the sole negligence, willful misconduct, or active negligence of the CITY, its members, successors and assigns.
b. The ORGANIZATION shall carry a liability insurance policy or equivalent with a reputable insurance company. The ORGANIZATION shall not use the FACILITIES for any purpose prior to providing CITY with evidence of insurance.
c. The liability insurance policy must have the following minimum limits:
• Each occurrence – $2,000,000
• Personal & Advertising Injury – $2,000,000
• General Aggregate – $4,000,000
• Products/Completed Operations – $2,000,000
• Damage to Rented Premises (each occurrence) – $300,000 • Medical Expenses (any one person) – $10,000
d. The liability insurance policy shall cover the entire term of this AGREEMENT, including the PROGRAM term. If you are unable to do so, then provide an updated insurance certificate each year. A current valid certificate of insurance must be on file before PROGRAM is conducted. The liability insurance policy shall provide that coverage will not be canceled, materially changed, or permitted to expire without a sixty- (60) day prior written notice to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
e. The contractor's general liability policies shall be primary and shall not seek contribution from the CITY's coverage and be endorsed using Insurance Services SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 15 Office form C.G. 20 10 (or equivalent) to provide that the CITY and its officers, officials, employees, and agents shall be additional insureds under such policies.

The certificate of liability insurance shall be provided to the CITY REPRESENTATIVE as evidence of coverage not less than thirty (30) days prior to the start of any use of FACILITIES by the ORGANIZATION for any aspect of the PROGRAM.
f. Failure to acquire and maintain the insurance required by this AGREEMENT on the part of the ORGANIZATION shall constitute a breach of this AGREEMENT and result in immediate, unilateral termination of this AGREEMENT by the CITY.

21. GENERAL PROVISIONS
a. This AGREEMENT is personal to ORGANIZATION only and shall not be assigned, transferred, or granted. Any assignment, transfer, or granting by ORGANIZATION of any portion of this AGREEMENT or the AGREEMENT in its entirety shall constitute a material breach of this AGREEMENT. b. This AGREEMENT shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the laws of the State of California.
c. This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written AGREEMENTS and discussions. This AGREEMENT may be amended only by an agreement in writing, signed by the parties. d. This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, directors, divisions, subsidiaries, affiliates, assigns, heirs, and successors in interest, as applicable.
e. Each party has cooperated in the drafting and preparation of this AGREEMENT.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA ADULT RECREATION 16 g. This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

Before the ORGANIZATION may use the facilities, all documents need to be turned in and approved by the CITY (calendar of practice and game times, list of entire board members and titles, certificate of insurance, and signed contract.) IN WITNESS WHEREOF, both parties have caused this AGREEMENT to be executed on their behalf by their officers duly authorized.

THE CITY OF CHOWCHILLA (CITY) ATTEST
____________________________________ ____________________________________ Rod Pruett, City Administrator Joann McClendon, City Clerk

CHOWCHILLA ADULT RECREATION (ORGANIZATION)
____________________________________ ____________________________________ Chase Turini
Primary Authorized Representative Secondary Authorized Representative City of Chowchilla

SPORTS LEAGUE

FACILITIES USE AGREEMENT

CHOWCHILLA COMMUNITY SOCCER LEAGUE
This SPORTS LEAGUE FACILITIES USE AGREEMENT is made and entered into this 14th day of January 2025, between the City of Chowchilla (CITY) and Chowchilla Community Soccer League (ORGANIZATION) for the use of public facilities owned by the City of Chowchilla.

DEFINITIONS:

1. AGREEMENT
This Sports League Facilities Use Agreement, and any amendments subsequently lawfully entered into between the parties.

2. NOTICE
Acceptable notification between the CITY and the ORGANIZATION can consist of either a printed hardcopy, or an email.

3. CITY REPRESENTATIVE
Designee(s) assigned by the City Administrator to act in good faith as an agent of the CITY.

4. CITY NOTICE ADDRESS
City of Chowchilla, Attn: Recreation Department, 130 S. Second Street, Chowchilla, CA 93610

5. TAX-EXEMPT STATUS
Either the PARENT ORGANIZATION or the ORGANIZATION must be exempt from federal income tax in accordance with the Internal Revenue Code, and be able to provide an appropriate determination letter from the Internal Revenue Service (IRS) recognizing the organization’s tax exemption, and maintain an active tax-exempt status for the duration of this AGREEMENT.

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 2 6. PARENT ORGANIZATION
The Chowchilla Athletic Foundation, a tax-exempt organization whose United States tax identification number is 14-1883243, is an umbrella organization for many community youth sports groups that provide ethical and philosophical guidance, financial assistance and management, tax compliance and reporting, and more, and is regarded as a principal provider of organized youth sports in the City of Chowchilla.

7. ORGANIZATION
The Chowchilla Community Soccer League is a subgroup of Chowchilla Athletic Foundation and is the principal provider of organized youth recreational soccer in the City of Chowchilla.

8. ORGANIZATION REPRESENTATIVE
Designee(s) assigned by the board, officers, or similar representatives to act in good faith as an agent of the ORGANIZATION.

9. ORGANIZATION NOTICE ADDRESS
Chowchilla Community Soccer League, P.O. Box 922, Chowchilla, CA 93610

10. PROGRAM
Organized recreation youth soccer.

11. FACILITIES
The ORGANIZATION shall be allowed to use facilities at the Edward Ray Park, 625 North 15th Street, Chowchilla, CA, to include the main soccer field with sports field lights (lights use fees apply), unlit soccer fields area, park restrooms, recreation building on a limited use basis for registration activities, coaches meetings, team meetings, and other related activities and on-site parking areas if available. The ORGANIZATION must send a request prior to the requested date and coordinate availability for use of the recreation building. This is a shared facility and may not always be available.

12. SEASON
SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 3 The ORGANIZATION shall determine their specific playing season(s) that includes tryouts, practices, games and any special activities within the calendar year(s) commencing January 1 and ending December 31.

13. TERM
The term is three SEASONS from the date of approval. The term shall expire December 31, 2027.

BOTH PARTIES AGREE TO THE FOLLOWING:

The ORGANIZATION may use no other CITY property unless prior written consent is received from the CITY.

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 4 c. The FACILITIES are only to be used for the PROGRAM. Use of the FACILITIES by an individual(s) for personal use that is not part of an organized team or group activity, such as practice or a game, within the parameters of the PROGRAM is strictly prohibited. This includes drop-in, one-on-one activities, or practices where a PROGRAM team of coaches and players is not participating. d. The ORGANIZATION acknowledges that the FACILITIES are for public use outside the PROGRAM's parameters. The CITY acknowledges the financial and time commitment of the ORGANIZATION to the FACILITIES. The CITY recognizes and accepts the preference and need of the ORGANIZATION to restrict access to the FACILITIES during the PROGRAM SEASON(S) to maintain the integrity of the grounds, field, and amenities. The ORGANIZATION accepts the CITY will open the FACILITY for public use when not in SEASON. e. The ORGANIZATION shall notify the CITY of their intent to provide the PROGRAM no later than two (2) months prior to finalizing registration activities. f. The Chowchilla Municipal Code regulates that parks are closed between 10:00 PM and 7:00 AM. The CITY will permit the ORGANIZATION to occupy the FACILITIES between 7:00 AM and 10:00 PM for regular activities during the SEASON. The CITY may provide a time extension for approved special activities, such as opening day preparation or tournaments, provided the CITY REPRESENTATIVE is notified in advance in writing, electronic or otherwise, and has approved the activities.
g. The ORGANIZATION shall provide to the CITY a draft schedule of the weeks and days of the anticipated SEASON for practice sessions, games, and special activities, such as opening day ceremony, as soon as it is defined so that fields can be blocked from requests for conflicting uses.
h. The CITY will notify the ORGANIZATION no less than forty-eight (48) hours before any activities, including non-emergency maintenance and construction projects, that may conflict with using the FACILITIES by the ORGANIZATION.

Emergency tasks may require a notification of less than forty-eight (48) hours.

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 5 i. As soon as the ORGANIZATION has produced a final schedule of weeks, days, and times, and prior to the start of any use of the FACILITIES, a copy of the schedule shall be provided to the CITY so the PROGRAM uses can be listed on the CITY internal facilities calendar.
j. The ORGANIZATION shall notify the CITY in advance of any schedule changes, additions, or deletions contrary to the published schedule, and the CITY shall attempt, if needed, to accommodate the adjustments. The FACILITIES are not available to the ORGANIZATION for use on any date not provided by the ORGANIZATION to the CITY in advance of such use.
k. Temporary operational and/or services structure(s) (such as portable toilets or concession trailers) shall not be placed on or used by the ORGANIZATION at the FACILITIES without prior approval from the CITY. The ORGANIZATION may request prior written consent by contacting the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS at least three (3) weeks prior to the intended installation date of any structure.

5. CONCESSION OPERATION
SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 6 a. The ORGANIZATION, an approved non-profit direct affiliate, an approved mobile, or a similar private vendor may provide a concession operation to participants and attendees as part of the PROGRAM at the FACILITIES. A notice of intent to provide a concession operation must be submitted to the CITY REPRESENTATIVE, in writing, electronic or otherwise, no less than four (4) weeks prior to the start of the PROGRAM to ensure compliance with all CITY regulations and requirements.
b. Any mobile or similar private vendor must comply with the current Chowchilla Municipal Code, meet all regulatory provisions, possess a current City of Chowchilla business license, and be approved by the CITY as authorized to conduct concession business within the CITY limits. The Chowchilla Community and Economic Development Department and the Chowchilla Finance Department are the authorizing agents for private vendor operations. c. The ORGANIZATION, direct affiliate, or approved private vendor must comply with all Madera County Health Department regulations and licenses pertaining to concession operations and provide proof of compliance if requested by the CITY. d. Concession vehicles are restricted from being set up on adjacent paved street surfaces, and no concession vehicle may be driven, parked, or otherwise placed upon FACILITIES property without prior approval from the CITY REPRESENTATIVE.
e. The ORGANIZATION, direct affiliate, or approved private vendor provides all supplies and goods.
f. The CITY will not be responsible for any loss of goods, supplies, or equipment incurred by the ORGANIZATION, direct affiliate, or approved private vendor. g. The ORGANIZATION may use the kitchen room of the recreation building for concession operations during the SEASON for the PROGRAM. Any excessive trash generated by the concession operation must be removed from the recreation building in compliance with the FACILITIES MAINTENANCE section of this agreement.
h. All supplies and goods are provided by the ORGANIZATION, direct affiliate, or approved private vendor.

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 7 6. SPECIAL EVENTS
a. The ORGANIZATION may conduct special events such as opening day activities, tournaments, and similar events at the FACILITIES, but must submit a request to the CITY REPRESENTATIVE in advance in writing, electronic or otherwise, no less than thirty (30) days, preferably sooner, prior to the special event date. The CITY must provide prior approval to the ORGANIZATION before the special event can be promoted and conducted. b. The CITY may require additional conditions not prescribed in this AGREEMENT to accommodate the special event. Any such conditions will be provided to the ORGANIZATION by the CITY either verbally or in writing.

7. PROGRAM REGISTRATION FEES
The ORGANIZATION is solely responsible for setting and collecting any and all PROGRAM registration fees. The CITY will not accept any fees on behalf of the ORGANIZATION.

9. BACKGROUND SCREENING OF VOLUNTEERS
a. The CITY understands that organizations depend heavily upon volunteerism. It is the goal of the CITY and hopefully the ORGANIZATON to enhance public confidence and lessen the risk of exposure to liability due to a lack of knowledge regarding volunteers’ background. Therefore, the CITY urges, but does not require, all youth serving organizations utilizing CITY FACILITIES to take steps to screen volunteers. The time, energy, and financial investment of prevention strategies such as conducting a proper background screening, represents a fraction of the impact incidents such as sex abuse, violence, neglect, or other crimes and abuses can have on PROGRAM participants, the ORGANIZATION and the community. The saying that a “bad volunteer is better than no volunteer” is untrue and dangerous, and should never be considered appropriate.

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 8 b. Volunteers are to be considered with the same scrutiny as paid staff and should be recruited, screened, trained, supervised, and evaluated with the same rigor as paid staff. The law in most cases does not differentiate between paid versus volunteer staff.
c. A comprehensive and due diligent background screening practice can be an achievable benchmark for all youth serving organizations when positioned as a public safety or risk management issue. The background screening process is an ongoing process and should be subject to review and changes at any time. These guidelines are based upon industry practices in private, public and non-profit areas.
d. The CITY recommends that the ORGANIZATION follow the recommendation of the National Recreation and Park Association and National Alliance for Youth Sports to implement the volunteer management guidelines for credentialing volunteers through comprehensive background screening. More information can be found at the National Alliance for Youth Sports website at www.nays.org under resources.

10. CODE OF CONDUCT
a. The CITY places strong emphasis and value on being able to provide outdoor CITY park properties and/or FACILITIES for user groups to recreate actively.

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 9 v. All field users will respect and protect the property of the CITY. vi. The highest ideal in sportsmanship shall be developed, and instruction on the proper skills and rules pertaining to the game will be provided respectfully.
vii. All field users must maintain self-control and respect when dealing with any official, CITY staff, or fellow user group.
viii. All groups must abide by and observe all rules and regulations which the CITY has established.
ix. All users and representatives, including the board, coaches, and spectators, will treat all CITY staff with respect at all times.
b. The ORGANIZATION agrees not to allow any loud, boisterous, or disorderly persons to remain about the FACILITIES during any PROGRAM activity. c. The ORGANIZATION shall not knowingly permit any illegal activities or violation of any Chowchilla Municipal Code ordinances to be conducted upon any CITY park properties and/or at FACILITIES during any PROGRAM activity.

11. ALCOHOL AND TABACCO PROHIBITIONS
a. Alcohol Restrictions:

Examples include parks, picnic areas, playgrounds, sports fields, walking and bike paths, gardens, riding trails, swimming pools, and skateboard parks.
iii. Exclusions: Recreational areas do not include streets or sidewalks within or adjacent to public rights-of-way.
iv. For additional information on restricted areas, refer to Chowchilla Municipal Code Section 8.26.00.

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 10 12. NONDISCRIMINATION
The ORGANIZATION shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person in the operation, conduct, or administration of its PROGRAM.

13. FACILITIES KEYS/ALARM CODE
a. The CITY will provide the ORGANIZATION with any necessary CITY key(s) and/or alarm code required to use the FACITLITIES for the PROGRAM. b. The ORGANIZATION will be required to submit a completed key assignment form provided by the CITY prior to receiving any CITY key(s) and/or alarm code. c. The ORGANIZATION is prohibited from duplicating any CITY key(s). The ORGANIZATION is prohibited from sharing the CITY key(s) and/or alarm code with any person(s) not authorized by the CITY.
d. The ORGANIZATION will provide a list of board members and returning managers who will retain any assigned CITY key(s) until they are no longer volunteers with the ORGANIZATION upon which time the assigned CITY key(s) shall be returned to the CITY.

14. FACILITIES MAINTENANCE
a. The ORGANIZATION acknowledges that the FACILITIES are provided for use “as-is” and just as they are, without any liability or obligation on the part of the CITY to make any alterations, improvements, or repairs of any kind. b. The CITY will provide routine grounds maintenance and repairs to the FACILITIES throughout the SEASON that includes mowing, irrigation, general safety maintenance and CITY-authorized project work.
c. The ORGANIZATION is responsible for all FACILITIES field preparation, line painting, maintenance and placement of any equipment used in the PROGRAM.

The ORGANIZATION is assigned the priority definition of the field dimensions to be defined using field marking paint on the turf. No heat burning or use of turf killing or corrosive chemicals is allowed. No other group or program will be SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 11 given the authority to adjust and/or overpaint field dimensions established by the ORGANIZATION during the term of their SEASON.
d. Tasks or projects not prescribed in this AGREEMENT will require prior consent from the CITY no less than thirty (30) days before it is performed by the ORGANIZATION. The CITY will not perform these tasks though the CITY will consider discussing mutually beneficial proposals.
e. Tasks or projects to be performed by the ORGANIZATION on the FACILITIES, beyond the scope of field preparation and minor routine maintenance, must meet all legal Federal, State, and City codes and permitting requirements that, depending on the scope, may include the use of licensed contractors who possess a City Business License and meet regulatory requirements. f. The ORGANIZATION shall be solely responsible for performing practice and game day preparations and maintenance of the FACILITIES specific to their PROGRAM. Any special work that exceeds the normal practice/game day maintenance that the ORGANIZATION wants to undertake must first be submitted for review and approval by the CITY. The proposed work shall initially be presented to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. g. During the season the ORGANIZATION shall ensure to the best of their ability that all trash and litter is placed into CITY trash receptacles. The CITY encourages the ORGANIZATION to notify the CITY REPRESENTATIVE of the need for the CITY to provide additional temporary trash receptacles during a PROGRAM or special event.
h. Trash bags, boxes, etc. are not to be placed outside of any trash receptacle. The ORGANIZATION must remove all excess trash not contained within a trash receptacle from the FACILITIES with the option of placing it in the trash hauler bins located at the south side of the parking lot adjacent to N. Fifteenth Street. i. The ORGANIZATION must remove all excess amounts of trash and litter from the FACILITIES, and place the debris in the trash hauler bins located at the south side of the parking lot adjacent to N. Fifteenth Street, including but not limited to, uniform and awards packing materials, food containers, and packing and storage boxes. Such debris items are not to be disposed of in the park trash receptacles as SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 12 these receptacles are only emptied one or two times a week depending on the park maintenance schedule.
j. During the SEASON, the ORGANIZATION will monitor the FACILITIES including, but not limited to, the sports fields and associated amenities, the recreation building and the park restrooms, and will report any problems and maintenance needs to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
k. The ORGANIZATION must report any graffiti on advertising, equipment, and/or facilities to the CITY REPRESENTATIVE within twenty-four (24) hours following observance of the damage or graffiti.

15. FACILITIES SPORT FIELD LIGHTS
a. The CITY will schedule sport field lights usage per separate request(s) from only the ORGANIZATION REPRESENTATIVE in accordance with games and practice schedules. The CITY will schedule all field lights via a computer link; there is no manual control of the field lights. The ORGANIZATION must notify the CITY in advance, but no less than two (2) CITY business days prior to the requested field lights use.
b. The CITY requests the FACILITIES sport field lights not be used later than 10:00 PM though exceptions will be allowed periodically with the requirement that all FACILITIES sport field lights must be turned off no later than 11:00 PM. c. The ORGANIZATION is responsible for all usage costs associated with its use of FACILITIES sport field lights used for the PROGRAM during the SEASON.

This obligation includes, but is not limited to, any lights inadvertently scheduled with the CITY by the ORGANIZATION before or after a desired use, and/or for lights requested by the ORGANIZATION participants for unauthorized games or practices. All requests for lights outside of the SEASON, yet still pertains to the PROGRAM, will incur additional light fees.
d. The CITY will invoice the ORGANIZATION at the end of each SEASON for the use of the FACILITIES sport field lights. The amount(s) is calculated for each SEASON, if conducted, from a baseline determined for the SEASON from a 2019 multi-year sports field electric costs audit. Each subsequent SEASON the previous year's amount is multiplied by an annual percentage adjustment to the SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 13 2019 baseline amount(s). The adjustment is determined from either a rate adjustment charged to the CITY by the power provider (PG&E) or by the annual percentage change of the Consumer Price Index (CPI), whichever is greater.

Estimated Fees (subject to change):
2025 - $1,328.58
2026 - $1,384.73
2027 - $1,437.00

16. INCIDENTS OR ACCIDENTS
The ORGANIZATION shall report any incidents or accidents that have caused, or may cause, injury to a person(s), or CITY property to the CITY within twenty-four (24) hours of the incident or accident. A CITY incident/accident report must be completed within forty-eight (48) hours of any incident or accident and submitted to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. At the discretion of the ORGANIZATION a request may be asked of the Chowchilla Police Department to make an official report to be provided to the CITY to complement the CITY incident/accident report.

17. PROGRAM MANAGEMENT
a. The ORGANIZATION, serves as the sole party responsible for the management, oversight, implementation and supervision of the PROGRAM. b. The CITY shall have no responsibility with regards to the PROGRAM.

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 14 b. The ORGANIZATION is permitted to attach advertising to CITY amenities, e.g. field fences, at the FACILITIES following approval by the CITY to promote the PROGRAM and/or sponsors up to four (4) weeks prior to each SEASON. All advertising must be removed within two (2) weeks at the conclusion of the SEASON.
c. The ORGANIZATION is prohibited from installing temporary or permanent advertising support structures, such as but not limited to, posts, at the FACILITIES.
d. The ORGANIZATION is responsible for the maintenance and/or removal of any advertising installed by the ORGANIZATION due to safety issues and/or graffiti. e. The ORGANIZATION shall remove any damaged advertising that is not repairable within forty-eight (48) hours following observance of the damage. f. If the CITY is forced to remove damaged advertising due to inaction by the ORGANIZATION the CITY may charge the costs of removal to the ORGANIZATION at an amount determined by the CITY Master Fee Schedule in effect at the time of the PROGRAM, or by actual incurred expenses.

20. HOLD HARMLESS/INSURANCE REQUIREMENTS
a. The ORGANIZATION shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees and volunteers, from and against all claims, damages, losses and expenses including attorney fees arising from, caused by, or in any way connected with the PROGRAM, the ORGANIZATION, and/or use of the FACILITIES except for claims arising out of the sole negligence, willful misconduct, or active negligence of the CITY, its members, successors and assigns.
b. The ORGANIZATION shall carry a liability insurance policy, or its equivalent, with a reputable insurance company. The ORGANIZATION shall not use the FACILITIES for any purpose prior to providing CITY with evidence of insurance.
c. The liability insurance policy must have the following minimum limits:

SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 15 • Each Occurrence – $2,000,000
• Personal & Advertising Injury – $2,000,000
• General Aggregate – $4,000,000
• Products/Completed Operations – $2,000,000
• Damage to Rented Premises (each occurrence) – $300,000 • Medical Expenses (any one person) – $10,000
d. The liability insurance policy shall cover the full term of this AGREEMENT to include the term of the PROGRAM, or if unable to then provide updated insurance certificate each year. A current valid certificate of insurance must be on file before PROGRAM is conducted. The liability insurance policy shall provide that coverage will not be canceled, materially changed, or permitted to expire without a sixty- (60) day prior written notice to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
e. Contractor’s general liability policies shall be primary and shall not seek contribution from the CITY coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies.

The certificate of liability insurance shall be provided to the CITY REPRESENTATIVE as evidence of coverage not less than thirty (30) days prior to the start of any use of FACILITIES by the ORGANIZATION for any aspect of the PROGRAM.
f. Failure to acquire and maintain the insurance required by this AGREEMENT on the part of the ORGANIZATION shall constitute a breach of this AGREEMENT, and shall result in immediate unilateral termination of this AGREEMENT by the CITY.

21. GENERAL PROVISIONS
a. This AGREEMENT is personal to ORGANIZATION only and shall not be assigned, transferred or granted. Any assignment, transfer or granting by ORGANIZATION of any portion of this AGREEMENT, or the AGREEMENT in its entirety shall constitute a material breach of this AGREEMENT. b. This AGREEMENT shall be deemed to have been executed and delivered within the State of California and the rights and obligations of the parties hereto shall be SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 16 construed and enforced in accordance with, and governed by, the laws of the State of California.
c. This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written AGREEMENTS and discussions. This AGREEMENT may be amended only by an agreement in writing, signed by the parties. d. This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, directors, divisions, subsidiaries, affiliates, assigns, heirs, and successors in interest, as applicable.
e. Each party has cooperated in the drafting and preparation of this AGREEMENT.

Any interpretation of this AGREEMENT shall not be construed against any party. f. In the event of litigation relating to this AGREEMENT, the prevailing party shall be entitled to attorneys’ fees and costs.
g. This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

IN WITNESS WHEREOF both parties have caused this AGREEMENT to be executed on their behalf by their officers duly authorized.

CITY OF CHOWCHILLA (CITY) ATTEST
____________________________________ ____________________________________ Rod Pruett, City Administrator Joann McClendon, City Clerk

CHOWCHILLA COMMUNITY SOCCER LEAGUE (ORGANIZATION)
____________________________________ ____________________________________ SPORTS LEAUGE FACILITIES USE AGREEMENT – CHOWCHILLA COMMUNITY SOCCER LEAGUE 17 Eddie Rodriguez Lance Dunn
Primary Authorized Representative Secondary Authorized Representative CHOWCHILLA ATHLETIC FOUNDATION, INC. (PARENT ORGANIZATION) ____________________________________ ____________________________________ David Alexander, President Julie Volkmar
Primary Authorized Representative Secondary Authorized Representative City of Chowchilla

SPORTS LEAGUE

FACILITIES USE AGREEMENT

CHOWCHILLA UNION HIGH SCHOOL
This SPORTS LEAGUE FACILITIES USE AGREEMENT is made and entered into this 14th day of January 2025, between the City of Chowchilla (CITY) and Chowchilla Union High School (HIGH SCHOOL) for the use of public facilities owned by the City of Chowchilla.

DEFINITIONS:

1. AGREEMENT
This Sports League Facilities Use Agreement and any amendments subsequently lawfully entered into between the parties.

2. NOTICE
Acceptable notification between the CITY and the HIGH SCHOOL can consist of either a printed hardcopy or an email.

3. CITY REPRESENTATIVE
The designee (s) assigned by the City Administrator to act in good faith as an agent of the CITY.

4. CITY NOTICE ADDRESS
City of Chowchilla, Attn: Recreation Department, 130 S. Second Street, Chowchilla, CA 93610.

5. TAX-EXEMPT STATUS
The HIGH SCHOOL must be exempt from federal income tax in accordance with the Internal Revenue Code and be able to provide an appropriate determination letter from the Internal Revenue Service (IRS) recognizing the organization’s tax exemption, and maintain an active tax-exempt status for the duration of this AGREEMENT.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 2 6. HIGH SCHOOL
The Chowchilla Union High School, a tax-exempt education facility whose United States tax identification number is 83-0419540, is regarded as the principal provider of organized High School Sports in the City of Chowchilla.

7. HIGH SCHOOL REPRESENTATIVE
The designee (s) assigned by the school board, officers, or similar representatives to act in good faith as an agent of the HIGH SCHOOL.

8. HIGH SCHOOL NOTICE ADDRESS
Chowchilla Union High School, 805 Humboldt Avenue, Chowchilla, CA 93610

9. PROGRAM
High School Sports Programs for Junior Varsity Baseball, Junior Varsity Softball, and Soccer.

10. FACILITIES
The HIGH SCHOOL shall be allowed to use facilities at the Edward Ray Park, 625 North 15th Street, Chowchilla, CA, to include the one baseball field, softball field #2, and soccer fields if available with sports field lights (lights use fees apply), park restrooms, and onsite parking areas.

11. SEASON
The HIGH SCHOOL shall determine their specific playing season(s) that includes tryouts, practices, games, and any special activities within the contracted year(s) for each sport.

12. TERM
The term is three SEASONS from the date of approval. The term shall expire December 31, 2027.

BOTH PARTIES AGREE TO THE FOLLOWING:

1. TERM AND TERMINATION
This AGREEMENT shall remain in full force and effect for its entire TERM unless otherwise terminated by either party. This AGREEMENT may be terminated at any time by either party hereto by giving to the other a written notice of termination to either the SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 3 CITY NOTICE ADDRESS or the HIGH SCHOOL NOTICE ADDRESS, as appropriate, no less than thirty (30) days prior to the intended termination date. Notices shall be provided either personally or by certified mail, return receipt requested. Notices shall be deemed given on the date personally delivered or forty-eight (48) hours after deposited in the mail.

2. MUTUAL COOPERATION
The HIGH SCHOOL and the CITY agree to meet no less than once each year preceding the start of each SEASON to discuss the respective needs of each party during the upcoming SEASON, expected use of the FACILITIES by the HIGH SCHOOL, and the elements of this AGREEMENT and any necessary adjustments.

3. GENERAL USE
a. The HIGH SCHOOL will conform to and abide by all Chowchilla Municipal Code ordinances and all State and Federal laws and regulations insofar as the same or any of them are applicable and where permits and/or licenses are required from the regulatory agency having jurisdiction.
b. The HIGH SCHOOL may only conduct the PROGRAM at the FACILITIES. The HIGH SCHOOL may use no other CITY property unless prior written consent is received from the CITY.
c. The FACILITIES are only to be used for the PROGRAM. Use of the FACILITIES by an individual(s) for personal use that is not part of an organized team or group activity, such as practice or a game, within the parameters of the PROGRAM is strictly prohibited. This includes drop-in, one-on-one activities, or practices where a PROGRAM team of coaches and players is not participating. d. The HIGH SCHOOL acknowledges that the FACILITIES are for public use outside the PROGRAM's parameters. The CITY acknowledges the financial and time commitment of the HIGH SCHOOL to the FACILITIES. The CITY recognizes and accepts the preference and need of the HIGH SCHOOL to restrict access to the FACILITIES during the PROGRAM SEASON(S) to maintain the integrity of the grounds, field, and amenities. The HIGH SCHOOL accepts the CITY will open the FACILITY for public use when not in SEASON. e. The HIGH SCHOOL shall notify the CITY of their intent to provide the PROGRAM no later than two (2) months prior to finalizing registration activities.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 4 f. The Chowchilla Municipal Code regulates that parks are closed between 10:00 PM and 7:00 AM. The CITY will permit the HIGH SCHOOL to occupy the FACILITIES between 7:00 AM and 10:00 PM for regular activities during the SEASON. The CITY may provide a time extension for approved special activities, such as opening day preparation or tournaments, provided the CITY REPRESENTATIVE is notified in advance in writing, electronic or otherwise, and has approved the activities.
g. The HIGH SCHOOL shall provide to the CITY a draft schedule of the weeks and days of the anticipated SEASON for practice sessions, games, and special activities, such as an opening day ceremony, as soon as it is defined so that fields can be blocked from requests for conflicting uses.
h. The CITY will notify the HIGH SCHOOL no less than forty-eight (48) hours before any activities, including non-emergency maintenance and construction projects, that may conflict with using the FACILITIES by the HIGH SCHOOL.

Emergency tasks may require a notification of less than forty-eight (48) hours.

The CITY will notify the HIGH SCHOOL no less than three (3) weeks in advance for any pre-scheduled community events. The FACILITIES may not be available by the HIGH SCHOOL during CITY events, programs, and projects. i. As soon as the HIGH SCHOOL has produced a final schedule of weeks, days, and times, and prior to the start of any use of the FACILITIES, a copy of the schedule shall be provided to the CITY so the PROGRAM uses can be listed on the CITY internal facilities calendar.
j. The HIGH SCHOOL shall notify the CITY in advance of any schedule changes, additions, or deletions contrary to the published schedule, and the CITY shall attempt, if needed, to accommodate the adjustments. The FACILITIES are not available to the HIGH SCHOOL for use on any date not provided by the HIGH SCHOOL to the CITY in advance of such use.
k. Temporary operational and/or services structure(s) (such as portable toilets or concession trailers) shall not be placed on or used by the HIGH SCHOOL at the FACILITIES without prior approval from the CITY. The HIGH SCHOOL may request prior written consent by contacting the CITY REPRESENTATIVE at the SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 5 CITY NOTICE ADDRESS at least three weeks prior to the intended installation date of any structure.

4. VEHICLE ACCESS AND PARKING POLICY
a. Prohibited Areas: Vehicles are strictly prohibited from entering any area of the FACILITIES that is not designated for public vehicular traffic. b. Special Requests: The HIGH SCHOOL may submit a written request to the CITY for prior approval of limited and temporary vehicle access to restricted areas of the FACILITIES.
c. Parking Restrictions: Parking outside designated parking lots, including on CITY grass, fields, or other property, is strictly prohibited. d. Enforcement:
i. If a vehicle is found parked in a prohibited area, CITY staff may instruct the vehicle owner to remove the vehicle immediately.
ii. If the vehicle owner fails to comply, the Chowchilla Police Department may be contacted to enforce the removal.
e. Repeated Violations: Repeated instances of noncompliance with this policy during the HIGH SCHOOL's functions will be deemed a willful violation of this contract and may result in immediate termination of the agreement.

5. SPECIAL EVENTS
a. The HIGH SCHOOL may conduct special events, such as opening day activities, workshops, and similar events at the FACILITIES. However, it must submit a request to the CITY REPRESENTATIVE in advance in writing, electronic or otherwise, no less than thirty (30) days, preferably sooner, prior to the special event date. The CITY must provide prior approval to the HIGH SCHOOL before the special event can be promoted and conducted.
b. The CITY may require additional conditions not prescribed in this AGREEMENT to accommodate the special event. Any such conditions will be provided to the HIGH SCHOOL by the CITY either verbally or in writing.

6. PROGRAM REGISTRATION FEES
The HIGH SCHOOL is solely responsible for setting and collecting any and all PROGRAM registration fees. The CITY will not accept any payments on behalf of the HIGH SCHOOL.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 6 7. SPECTATOR ADMISSION CHARGES
The HIGH SCHOOL is prohibited from charging a spectator admission fee, or similar, to any aspect of the PROGRAM or special event conducted on CITY park properties and within any FACILITIES.

8. BACKGROUND SCREENING OF VOLUNTEERS
a. The CITY understands that HIGH SCHOOL may have volunteers. The goal of the CITY and, hopefully, the HIGH SCHOOL is to enhance public confidence and lessen the risk of exposure to liability due to a lack of knowledge regarding volunteers' backgrounds. Therefore, the CITY urges but does not require all youth-serving HIGH SCHOOLs utilizing CITY FACILITIES to take steps to screen volunteers. The time, energy, and financial investment in prevention strategies, such as conducting a proper background screening, represents a fraction of the impact incidents such as sex abuse, violence, neglect, or other crimes and abuses can have on PROGRAM participants, the HIGH SCHOOL and the community.
b. Volunteers are to be considered with the same scrutiny as paid staff and should be recruited, screened, trained, supervised, and evaluated with the same rigor as paid staff. In most cases, the law does not differentiate between paid versus volunteer staff.
c. A comprehensive and due diligent background screening practice can be an achievable benchmark for all youth-serving HIGH SCHOOLs when positioned as a public safety or risk management issue. The background screening process is ongoing and should be subject to review and changes at any time. These guidelines are based on practices in the private, public, and non-profit industries. d. The CITY recommends that the HIGH SCHOOL follow the recommendation of the National Recreation and Park Association and National Alliance for Youth Sports to implement the volunteer management guidelines for credentialing volunteers through comprehensive background screening. More information can be found at the National Alliance for Youth Sports website at www.nays.org under resources.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 7 9. CODE OF CONDUCT
a. The CITY places strong emphasis and value on being able to provide outdoor CITY park properties and/or FACILITIES for user groups to recreate actively.

The objective is to make sportsmanship and athletics part of the field's use program while ensuring everyone respects one another. All user groups that utilize outdoor CITY park properties and/or FACILITIES are expected to display positive sportsmanship, encouragement, and respectable conduct. The HIGH SCHOOL is required to comply with the following.
i. All HIGH SCHOOL leadership will show proper respect for the rules of play, the authority of officials, and consideration of the opponent and the contact with whom contact is made.
ii. All field users shall behave in a manner that shows good sportsmanship and good citizenship at all times.
iii. Any form of obscenity or abuse towards participants, CITY staff, spectators, coaches, and/or officials will not be tolerated. Any individual using abusive or foul language must be removed from the field. iv. All field users will always accept the judgment of the official. v. All field users will respect and protect the property of the CITY. vi. The highest ideal in sportsmanship shall be developed, and instruction on the proper skills and rules pertaining to the game will be provided respectfully.
vii. All field users must maintain self-control and respect when dealing with any official, CITY staff, or fellow user group.
viii. All groups must abide by and observe all rules and regulations which the CITY has established.
ix. All users and representatives, including the board, coaches, and spectators, will treat all CITY staff with respect at all times.
b. The HIGH SCHOOL agrees not to allow any loud, boisterous, or disorderly persons to remain about the FACILITIES during any PROGRAM activity. c. The HIGH SCHOOL shall not knowingly permit any illegal activities or violation of any Chowchilla Municipal Code ordinances to be conducted upon any CITY park properties and/or at FACILITIES during any PROGRAM activity.

10. ALCOHOL AND TABACCO PROHIBITIONS
SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 8 a. Alcohol Restrictions:

11. NONDISCRIMINATION
The HIGH SCHOOL shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person in operation, conduct, or administration of its PROGRAM.

12. FACILITIES KEYS/ALARM CODE
a. The CITY will provide the HIGH SCHOOL with any necessary CITY key(s) to the FACILITIES for the PROGRAM.
b. The HIGH SCHOOL will be required to submit a completed key assignment form provided by the CITY prior to receiving any CITY key(s) and/or alarm code. c. The HIGH SCHOOL is prohibited from duplicating any CITY key(s). The HIGH SCHOOL is prohibited from sharing the CITY key(s) with any person(s) not authorized by the CITY.

13. FACILITIES MAINTENANCE
a. The HIGH SCHOOL acknowledges that the FACILITIES are provided for use "as-is" and just as they are, without any liability or obligation on the part of the CITY to make any alterations, improvements, or repairs of any kind.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 9 b. The CITY will provide routine grounds maintenance and repairs to the FACILITIES throughout the SEASON that includes mowing, irrigation, general safety maintenance, and CITY-authorized project work.
c. The HIGH SCHOOL is responsible for all FACILITIES field preparation, line painting, maintenance, and placement of any equipment used in the PROGRAM.

The HIGH SCHOOL is assigned the priority definition of the field dimensions using only approved field marking paint on the turf. No heat burning or use of turf killing or corrosive chemicals is allowed. No other group or program will be given the authority to adjust and/or overpaint field dimensions established by the HIGH SCHOOL during the term of their SEASON.
d. Tasks or projects not prescribed in this AGREEMENT will require prior consent from the CITY no less than thirty (30) days before it is performed by the HIGH SCHOOL. The CITY will not perform these tasks through the CITY will consider discussing mutually beneficial proposals.
e. Tasks or projects to be performed by the HIGH SCHOOL on the FACILITIES, beyond the scope of field preparation and minor routine maintenance, must meet all legal Federal, State, and City codes and permitting requirements that, depending on the scope, may include the use of licensed contractors who possess a City Business License and meet regulatory requirements. f. The HIGH SCHOOL shall be solely responsible for performing practice and game-day preparations and maintenance of the FACILITIES specific to their PROGRAM. Any special work that exceeds the normal practice/game day maintenance that the HIGH SCHOOL wants to undertake must first be submitted for review and approval by the CITY. The proposed work shall initially be presented to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.

Consideration of the CITY watering schedule should be reviewed prior to having any field lines painted. The HIGH SCHOOL must inform the CITY when they intend to paint any lines on the grass.
g. During the SEASON, the HIGH SCHOOL shall ensure to the best of their ability that all trash and litter is placed into CITY trash receptacles. The CITY encourages the HIGH SCHOOL to notify the CITY REPRESENTATIVE of the SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 10 need for the CITY to provide additional temporary trash receptacles during a PROGRAM or special event.
h. Trash bags, boxes, etc., are not to be placed outside of any trash receptacle. The HIGH SCHOOL must remove all excess trash not contained within a trash receptacle from the FACILITIES with the option of placing it in the trash hauler bins located adjacent to the concession stand.
i. The HIGH SCHOOL must remove all excess amounts of trash and litter from the FACILITIES and place the debris in the trash hauler bins located adjacent to the concession stand, including but not limited to uniform and awards packing materials, food containers, and packing and storage boxes. Such debris items are not to be disposed of in the park trash receptacles as these receptacles are only emptied one or two times a week, depending on the park maintenance schedule. j. During the SEASON, the HIGH SCHOOL will monitor the FACILITIES, including, but not limited to, the sports fields and associated amenities, the recreation building, and the park restrooms, and will report any problems and maintenance needs to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
k. The HIGH SCHOOL must report any graffiti on advertising, equipment, and/or facilities to the CITY REPRESENTATIVE within twenty-four (24) hours following the observance of the damage or graffiti.

14. FACILITIES SPORT FIELD LIGHTS
Lights for the following sports will be handled as follows:
a. Baseball Field #3: The HIGH SCHOOL has the primary responsibility of managing the FACILITIES sport field lights usage (turning lights on and off) in accordance with PROGRAM needs on the baseball and softball fields.

Softball Field #2: The HIGH SCHOOL has the primary responsibility of managing the FACILITIES sport field lights usage (turning lights on and off) in accordance with PROGRAM needs on the baseball and softball fields.

The CITY and HIGH SCHOOL will coordinate the installation of locks with keys to secure access to the lights control switches. The CITY and HIGH SCHOOL will each have a full set of keys to all locks.

Soccer Field: The Soccer lights are Digital Computerized Lights and are programed by CITY staff upon notification of need from the HIGH SCHOOL.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 11 b. The CITY requests the FACILITIES sport field lights not be used later than 10:00 PM though exceptions will be allowed periodically with the requirement that all FACILITIES sport field lights must be turned off no later than 11:00 PM. c. The FACILITIES sport field lights are to only be used for the PROGRAM. Use of the FACILITIES sport field lights by an individual(s) for personal use that is not part of an organized team or group activity, e.g., practice, game, etc., within the parameters of the PROGRAM is strictly prohibited. This includes drop-in, oneon-one activities, or practices where a PROGRAM team of coaches and players is not participating.
d. The HIGH SCHOOL is responsible for all usage costs associated with its use of FACILITIES sport field lights used for the PROGRAM during the SEASON.

This obligation includes, but is not limited to, any lights inadvertently scheduled with the CITY by the HIGH SCHOOL before or after the desired use and/or for lights requested by the HIGH SCHOOL participants for unauthorized games or practices.
e. The CITY will invoice the HIGH SCHOOL at the end of each SEASON for the use of the FACILITIES sport field lights according to the light schedule at an hourly rate of $10.00 per hour for the soccer field lights if requested. The Junior Varsity Baseball and Softball have not used lights in past history.

15. INCIDENTS OR ACCIDENTS
The HIGH SCHOOL shall report any incidents or accidents that have caused or may cause injury to a person(s) or CITY property to the CITY within twenty-four (24) hours of the incident or accident. A CITY incident/accident report must be completed within forty-eight (48) hours of any incident or accident and submitted to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. At the discretion of the HIGH SCHOOL, a request may be asked of the Chowchilla Police Department to make an official report to be provided to the CITY to complement the CITY incident/accident report.

16. PROGRAM MANAGEMENT
a. The HIGH SCHOOL serves as the sole party responsible for the management, oversight, implementation, and supervision of the PROGRAM. b. The CITY shall have no responsibility with regards to the PROGRAM.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 12 17. PROGRAM PROMOTION
The CITY will promote information that meets the approved criteria of the CITY on behalf of the HIGH SCHOOL through the available CITY media resources and at CITY buildings and/or other facilities.

18. ADVERTISING
a. If desired, the HIGH SCHOOL may advertise the PROGRAM and/or sponsors at the FACILITIES in a manner that must comply with current CITY sign standards.

The CITY will consider alternate ideas for sponsor displays only if the displays meet the requirements of the Chowchilla Municipal Code, are in accordance with approved CITY policies, and that sufficient lead time is provided to allow the CITY to review the proposal(s).
b. The HIGH SCHOOL is permitted to attach advertising to CITY amenities, e.g., field fences, at the FACILITIES following approval by the CITY to promote the PROGRAM and/or sponsors up to four (4) weeks prior to each SEASON. All advertising must be removed within two (2) weeks at the conclusion of the SEASON.
c. The HIGH SCHOOL is prohibited from installing temporary or permanent advertising support structures, such as but not limited to posts, at the FACILITIES.
d. The HIGH SCHOOL is responsible for the maintenance and/or removal of any advertising installed by the HIGH SCHOOL due to safety issues and/or graffiti. e. The HIGH SCHOOL shall remove any damaged advertising that is not repairable within forty-eight (48) hours following the observance of the damage. f. If the CITY is forced to remove damaged advertising due to inaction by the HIGH SCHOOL, the CITY may charge the costs of removal to the HIGH SCHOOL at an amount determined by the CITY Master Fee Schedule in effect at the time of the PROGRAM, or by actual incurred expenses.

19. HOLD HARMLESS/INSURANCE REQUIREMENTS
SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 13 a. The HIGH SCHOOL shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees arising from, caused by, or in any way connected with the PROGRAM, the HIGH SCHOOL, and/or use of the FACILITIES except for claims arising out of the sole negligence, willful misconduct, or active negligence of the CITY, its members, successors and assigns.
b. The HIGH SCHOOL shall carry a liability insurance policy, or its equivalent, with a reputable insurance company. The HIGH SCHOOL shall not use the FACILITIES for any purpose prior to providing CITY with evidence of insurance.
c. The liability insurance policy must have the following minimum limits:
• Each Occurrence – $2,000,000
• Personal & Advertising Injury – $2,000,000
• General Aggregate – $4,000,000
• Products/Completed Operations – $2,000,000
• Damage to Rented Premises (each occurrence) – $300,000 • Medical Expenses (any one person) – $10,000
d. The liability insurance policy shall cover the full term of this AGREEMENT to include the term of the PROGRAM. , or if unable to then provide updated insurance certificate each year. A current valid certificate of insurance must be on file before PROGRAM is conducted. The liability insurance policy shall provide that coverage will not be canceled, materially changed, or permitted to expire without a sixty- (60) day prior written notice to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
e. Contractor's general liability policies shall be primary and shall not seek contribution from the CITY's coverage, and be endorsed using Insurance Services Office form C.G. 20 10 (or equivalent) to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 14 f. Failure to acquire and maintain the insurance required by this AGREEMENT on the part of the HIGH SCHOOL shall constitute a breach of this AGREEMENT and shall result in immediate, unilateral termination of this AGREEMENT by the CITY.

20. GENERAL PROVISIONS
a. This AGREEMENT is personal to HIGH SCHOOL only and shall not be assigned, transferred, or granted. Any assignment, transfer, or granting by HIGH SCHOOL of any portion of this AGREEMENT or the AGREEMENT in its entirety shall constitute a material breach of this AGREEMENT. b. This AGREEMENT shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by, the laws of the State of California.
c. This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written AGREEMENTS and discussions. This AGREEMENT may be amended only by an agreement in writing, signed by the parties. d. This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, directors, divisions, subsidiaries, affiliates, assigns, heirs, and successors in interest, as applicable.
e. Each party has cooperated in the drafting and preparation of this AGREEMENT.

Any interpretation of this AGREEMENT shall not be construed against any party. f. In the event of litigation relating to this AGREEMENT, the prevailing party shall be entitled to attorneys' fees and costs.
g. This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA UNION HIGH SCHOOL 15 constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

IN WITNESS WHEREOF, both parties have caused this AGREEMENT to be executed on their behalf by their officers duly authorized.

CITY OF CHOWCHILLA (CITY) ATTEST
____________________________________ ____________________________________ Rod Pruett, City Administrator Joann McClendon, City Clerk

CHOWCHILLA UNION HIGH SCHOOL (HIGH SCHOOL)
____________________________________ ____________________________________ Justin Miller, Superintendent Wes Borba, Athletic Director City of Chowchilla

SPORTS LEAGUE

FACILITIES USE AGREEMENT

CHOWCHILLA FLAG FOOTBALL
This SPORTS LEAGUE FACILITIES USE AGREEMENT is made and entered into this 14th day of January 2025, between the City of Chowchilla (CITY) and Chowchilla Flag Football (ORGANIZATION) for the use of public facilities owned by the City of Chowchilla.

DEFINITIONS:

1. AGREEMENT
This Sports League Facilities Use Agreement, and any amendments subsequently lawfully entered into between the parties.

2. NOTICE
Acceptable notification between the CITY and the ORGANIZATION can consist of either a printed hardcopy, or an email.

3. CITY REPRESENTATIVE
Designee(s) assigned by the City Administrator to act in good faith as an agent of the CITY.

4. CITY NOTICE ADDRESS
City of Chowchilla, Attn: Recreation Department, 130 S. Second Street, Chowchilla, CA 93610.

5. TAX-EXEMPT STATUS
The ORGANIZATION must exempt from federal income tax in accordance with the Internal Revenue Code, and be able to provide an appropriate determination letter from the Internal Revenue Service (IRS) recognizing the organization's tax exemption, and maintain an active tax-exempt status for the duration of this AGREEMENT.

6. PARENT ORGANIZATION
The Chowchilla Youth Athletic Foundation, a non-profit organization; United States tax identification number is 14-1883243, is an umbrella organization for many community SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 2 youth sports groups that provide ethical and philosophical guidance, financial assistance, and management, tax compliance and reporting, and more, and is regarded as the principal provider of organized youth sports in the City of Chowchilla.

7. ORGANIZATION
Chowchilla Flag Football is a subgroup of Chowchilla Athletic Foundation and is the principal provider of organized youth flag football in the City of Chowchilla.

8. ORGANIZATION REPRESENTATIVE
Designee(s) assigned by the board, officers, or similar representatives to act in good faith as an agent of the ORGANIZATION.

9. ORGANIZATION NOTICE ADDRESS
Chowchilla Flag Football, c/o Alfred Soares, Jr., 23306 Road 15-3/4, Chowchilla, CA 93610.

10. PROGRAM
Recreational youth flag football.

11. FACILITIES
The ORGANIZATION shall be allowed to use facilities at the Edward Ray Park, 625 North 15th Street, Chowchilla, CA, to include the unlighted sports field area (designated as between Kites Way on the west, Acacia Court on the north, the homes on the south and the tree line delineating the lighted sports field area on the east), park restrooms, recreation building on a limited use basis for registration activities, coaches meetings, and team meetings, and on-site parking areas. The ORGANIZATION must send a request prior to the requested date and coordinate availability for the use of therecreation building. This is a shared facility and may not always be available.

The ORGANIZATION may request to use the lighted sports field area if the sports field is not already scheduled for use by another organization, such as recreation youth soccer or high school soccer.

12. SEASON
The ORGANIZATION shall determine their specific playing season(s) that includes tryouts, practices, games and any special activities within the calendar year(s) commencing January 1 and ending December 31.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 3 13. TERM
The term is three SEASONS from the date of approval. The term shall expire December 31, 2027.

BOTH PARTIES AGREE TO THE FOLLOWING:

3. GENERAL USE
a. The ORGANIZATION will conform to and abide by all Chowchilla Municipal Code ordinances and all State and Federal laws and regulations insofar as the same or any of them are applicable and where permits and/or licenses are required from the regulatory agency having jurisdiction.
b. The ORGANIZATION may only conduct the PROGRAM at the FACILITIES only. The ORGANIZATION may use no other CITY property unless prior written consent is received from the CITY.
c. The FACILITIES are only to be used for the PROGRAM. Use of the FACILITIES by an individual(s) for personal use that is not part of an organized team or group activity, such as practice or a game, within the parameters of the SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 4 PROGRAM is strictly prohibited. This includes drop-in, one-on-one activities, or practices where a PROGRAM team of coaches and players is not participating. d. The ORGANIZATION acknowledges that the FACILITIES are for public use outside the PROGRAM's parameters. The CITY acknowledges the financial and time commitment of the ORGANIZATION to the FACILITIES. The CITY recognizes and accepts the preference and need of the ORGANIZATION to restrict access to the FACILITIES during the PROGRAM SEASON(S) to maintain the integrity of the grounds, field, and amenities. The ORGANIZATION accepts the CITY will open the FACILITY for public use when not in SEASON. e. The ORGANIZATION shall notify the CITY of their intent to provide the PROGRAM no later than two (2) months prior to finalizing registration activities. f. The Chowchilla Municipal Code regulates that parks are closed between 10:00 PM and 7:00 AM. The CITY will permit the ORGANIZATION to occupy the FACILITIES between 7:00 AM and 10:00 PM for regular activities during the SEASON. The CITY may provide a time extension for approved special activities, such as opening day preparation or tournaments, provided the CITY REPRESENTATIVE is notified in advance in writing, electronic or otherwise, and has approved the activities.
g. The ORGANIZATION shall provide to the CITY a draft schedule of the weeks and days of the anticipated SEASON for practice sessions, games, and special activities, such as opening day ceremony, as soon as it is defined so that fields can be blocked from requests for conflicting uses.
h. The CITY will notify the ORGANIZATION no less than forty-eight (48) hours before any activities, including non-emergency maintenance and construction projects, that may conflict with using the FACILITIES by the ORGANIZATION.

Emergency tasks may require a notification of less than forty-eight (48) hours.

The CITY will notify the ORGANIZATION no less than three (3) weeks in advance for any pre-scheduled community events. The FACILITIES may not be available by the ORGANIZATION during CITY events, programs, and projects. i. As soon as the ORGANIZATION has produced a final schedule of weeks, days, and times, and prior to the start of any use of the FACILITIES, a copy of the SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 5 schedule shall be provided to the CITY so the PROGRAM uses can be listed on the CITY internal facilities calendar.
j. The ORGANIZATION shall notify the CITY in advance of any schedule changes, additions, or deletions contrary to the published schedule, and the CITY shall attempt, if needed, to accommodate the adjustments. The FACILITIES are not available to the ORGANIZATION for use on any date not provided by the ORGANIZATION to the CITY in advance of such use.
k. Temporary operational and/or services structure(s) (such as portable toilets or concession trailers) shall not be placed on or used by the ORGANIZATION at the FACILITIES without prior approval from the CITY. The ORGANIZATION may request prior written consent by contacting the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS at least three (3) weeks prior to the intended installation date of any structure.

5. CONCESSION OPERATION
a. The ORGANIZATION, an approved non-profit direct affiliate, an approved mobile, or a similar private vendor may provide a concession operation to participants and attendees as part of the PROGRAM at the FACILITIES. A notice SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 6 of intent to provide a concession operation must be submitted to the CITY REPRESENTATIVE, in writing, electronic or otherwise, no less than four (4) weeks prior to the start of the PROGRAM to ensure compliance with all CITY regulations and requirements.
b. Any mobile or similar private vendor must comply with the current Chowchilla Municipal Code, meet all regulatory provisions, possess a current City of Chowchilla business license, and be approved by the CITY as authorized to conduct concession business within the CITY limits. The Chowchilla Community and Economic Development Department and the Chowchilla Finance Department are the authorizing agents for private vendor operations. c. The ORGANIZATION, direct affiliate, or approved private vendor must comply with all Madera County Health Department regulations and licenses pertaining to concession operations and provide proof of compliance if requested by the CITY. d. Concession vehicles are restricted from being set up on adjacent paved street surfaces, and no concession vehicle may be driven, parked, or otherwise placed upon FACILITIES property without prior approval from the CITY REPRESENTATIVE.
e. The ORGANIZATION, direct affiliate, or approved private vendor provides all supplies and goods.
f. The CITY will not be responsible for any loss of goods, supplies, or equipment incurred by the ORGANIZATION, direct affiliate, or approved private vendor.

6. SPECIAL EVENTS
a. The ORGANIZATION may conduct special events, such as opening day activities, workshops, and similar events at the FACILITIES, but must submit a request to the CITY REPRESENTATIVE in advance in writing, electronic or otherwise, no less than thirty (30) days, preferably sooner, prior to the special event date. The CITY must provide prior approval to the ORGANIZATION before the special event can be promoted and conducted. b. The CITY may require additional conditions not prescribed in this AGREEMENT to accommodate the special event. Any such conditions will be provided to the ORGANIZATION by the CITY either verbally or in writing.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 7 7. PROGRAM REGISTRATION FEES
The ORGANIZATION is solely responsible to set and collect any and all PROGRAM registration fees. The CITY will not accept any payments on behalf of the ORGANIZATION.

9. BACKGROUND SCREENING OF VOLUNTEERS
a. The CITY understands that organizations depend heavily upon volunteerism. The goal of the CITY and, hopefully, the ORGANIZATION is to enhance public confidence and lessen the risk of exposure to liability due to a lack of knowledge regarding volunteers' backgrounds. Therefore, the CITY urges but does not require all youth-serving organizations utilizing CITY FACILITIES to take steps to screen volunteers. The time, energy, and financial investment in prevention strategies, such as conducting a proper background screening, represents a fraction of the impact incidents such as sex abuse, violence, neglect, or other crimes and abuses can have on PROGRAM participants, the ORGANIZATION and the community. The saying that “a bad volunteer is better than no volunteer” is untrue and dangerous, and should never be considered appropriate. b. Volunteers are to be considered with the same scrutiny as paid staff and should be recruited, screened, trained, supervised, and evaluated with the same rigor as paid staff. In most cases, the law does not differentiate between paid versus volunteer staff.
c. A comprehensive and due diligent background screening practice can be an achievable benchmark for all youth-serving organizations when positioned as a public safety or risk management issue. The background screening process is ongoing and should be subject to review and changes at any time. These guidelines are based on practices in the private, public, and non-profit industries. d. The CITY recommends that the ORGANIZATION follow the recommendation of the National Recreation and Park Association and National Alliance for Youth Sports to implement the volunteer management guidelines for credentialing SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 8 volunteers through comprehensive background screening. More information can be found at the National Alliance for Youth Sports website at www.nays.org under resources.

10. CODE OF CONDUCT
a. The CITY places strong emphasis and value on being able to provide outdoor CITY park properties and/or FACILITIES for user groups to recreate actively.

The objective is to make sportsmanship and athletics part of the field's use program while ensuring everyone respects one another. All user groups that utilize outdoor CITY park properties and/or FACILITIES are expected to display positive sportsmanship, encouragement, and respectable conduct. The ORGANIZATION is required to comply with the following.
i. All ORGANIZATION leadership will show proper respect for the rules of play, the authority of officials, and consideration of the opponent and the contact with whom contact is made.
ii. All field users shall behave in a manner that shows good sportsmanship and good citizenship at all times.
iii. Any form of obscenity or abuse towards participants, CITY staff, spectators, coaches, and/or officials will not be tolerated. Any individual using abusive or foul language must be removed from the field. iv. All field users will always accept the judgment of the official. v. All field users will respect and protect the property of the CITY. vi. The highest ideal in sportsmanship shall be developed, and instruction on the proper skills and rules pertaining to the game will be provided respectfully.
vii. All field users must maintain self-control and respect when dealing with any official, CITY staff, or fellow user group.
viii. All groups must abide by and observe all rules and regulations which the CITY has established.
ix. All users and representatives, including the board, coaches, and spectators, will treat all CITY staff with respect at all times.
b. The ORGANIZATION agrees not to allow any loud, boisterous, or disorderly persons to remain about the FACILITIES during any PROGRAM activity.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 9 c. The ORGANIZATION shall not knowingly permit any illegal activities or violation of any Chowchilla Municipal Code ordinances to be conducted upon any CITY park properties and/or at FACILITIES during any PROGRAM activity.

11. ALCOHOL AND TABACCO PROHIBITIONS
a. Alcohol Restrictions:

13. FACILITIES KEYS/ALARM CODE
a. The CITY will provide the ORGANIZATION with any necessary CITY key(s) and/or alarm code required to use the FACILITIES for the PROGRAM. b. The ORGANIZATION will be required to submit a completed key assignment form provided by the CITY prior to receiving any CITY key(s) and/or alarm code. c. The ORGANIZATION is prohibited from duplicating any CITY key(s). The ORGANIZATION is prohibited from sharing the CITY key(s) and/or alarm code with any person(s) not authorized by the CITY.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 10 d. The ORGANIZATION will provide a list of board members and returning managers who will retain any assigned CITY key(s) until they are no longer volunteers with the ORGANIZATION, upon which time the assigned CITY key(s) shall be returned to the CITY.

The ORGANIZATION is assigned the priority definition of the field dimensions using only approved field marking paint on the turf. No heat burning or use of turf-killing or corrosive chemicals is allowed. No other group or program will be given the authority to adjust and/or overpaint field dimensions established by the ORGANIZATION during the term of their SEASON.
d. Tasks or projects not prescribed in this AGREEMENT will require prior consent from the CITY no less than thirty (30) days before the ORGANIZATION performs it. The CITY will not perform these tasks through the CITY and will consider discussing mutually beneficial proposals.
e. Tasks or projects to be performed by the ORGANIZATION on the FACILITIES, beyond the scope of field preparation and minor routine maintenance, must meet all legal Federal, State, and City codes and permitting requirements that, depending on the scope, may include the use of licensed contractors who possess a City Business License and meet regulatory requirements. f. The ORGANIZATION shall be solely responsible for performing practice and game-day preparations and maintaining the FACILITIES specific to their PROGRAM. Any special work that exceeds the routine practice/game day maintenance that the ORGANIZATION wants to undertake must first be SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 11 submitted for review and approval by the CITY. The proposed work shall be presented to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. g. During the SEASON, the ORGANIZATION shall ensure that all trash and litter is placed into CITY trash receptacles to the best of their ability. The CITY encourages the ORGANIZATION to notify the CITY REPRESENTATIVE of the need for the CITY to provide additional temporary trash receptacles during a PROGRAM or special event. Trash bags or boxes are not to be placed outside any trash receptacle. The ORGANIZATION must remove all excess trash not contained within a trash receptacle from the FACILITIES. h. The ORGANIZATION must remove all excess amounts of trash and litter from the FACILITIES and place the debris in the trash hauler bins located adjacent to the concession stand, including but not limited to uniform and awards packing materials, food containers, and packing and storage boxes. Such debris items are not to be disposed of in the park trash receptacles as these are only emptied once or twice a week, depending on the park maintenance schedule. i. During the SEASON, the ORGANIZATION will monitor the FACILITIES, including, but not limited to, the sports fields and associated amenities, the recreation building, and the park restrooms, and will report any problems and maintenance needs to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
j. The ORGANIZATION must report any graffiti on advertising, equipment, and/or facilities to the CITY REPRESENTATIVE within twenty-four (24) hours following the observance of the damage or graffiti.

15. SPORTS FIELD LIGHTS
a. The ORGANIZATION has the primary responsibility of managing the FACILITIES sport field lights usage (turning lights on and off) in accordance with PROGRAM needs. The CITY and ORGANIZATION will coordinate the installation of locks with keys to secure access to the light control switches. The CITY and ORGANIZATION will each have a complete set of keys to all locks. b. The CITY requests that the FACILITIES sports field lights not be used later than 10:00 PM, though exceptions will be allowed periodically with the requirement that all FACILITIES sports field lights be turned off no later than 11:00 PM.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 12 c. The FACILITIES sport field lights are only to be used for the PROGRAM. Use of the FACILITIES sport field lights by an individual(s) for personal use that is not part of an organized team or group activity, such as practice or a game, within the parameters of the PROGRAM is strictly prohibited. This includes drop-in, oneon-one activities, or practices where a PROGRAM team of coaches and players is not participating.
d. The ORGANIZATION is responsible for all usage costs associated with its use of FACILITIES sport field lights used for the PROGRAM during the SEASON.

This obligation includes but is not limited to, any lights inadvertently scheduled with the CITY by the ORGANIZATION before or after the desired use and/or for lights requested by the ORGANIZATION participants for unauthorized games or practices.
e. The CITY will invoice the ORGANIZATION at the end of each SEASON for the use of the FACILITIES sports field lights. If conducted, the amount(s) is calculated for each SEASON from a baseline determined for the SEASON from a 2019 multi-year sports field electric costs audit. For each subsequent season, the previous year's amount is multiplied by an annual percentage adjustment to the 2019 baseline amount(s). The adjustment is determined from either a rate adjustment charged to the CITY by the power provider (PG&E) or by the annual percentage change of the Consumer Price Index (CPI), whichever is greater.

Projected Light Fees: $0.00 Flag Football does not use field lights regularly

16. INCIDENTS OR ACCIDENTS
The ORGANIZATION shall report any incidents or accidents that have caused or may cause injury to a person(s) or CITY property to the CITY within twenty-four (24) hours of the incident or accident. A CITY incident/accident report must be completed within forty-eight (48) hours of any incident or accident and submitted to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. At the discretion of the ORGANIZATION, a request may be asked of the Chowchilla Police Department to make an official report to be provided to the CITY to complement the CITY incident/accident report.

17. PROGRAM MANAGEMENT
SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 13 a. The ORGANIZATION serves as the sole party responsible for the management, oversight, implementation, and supervision of the PROGRAM. b. The CITY shall have no responsibility with regard to the PROGRAM.

19. ADVERTISING
a. If desired, the ORGANIZATION may advertise the PROGRAM and/or sponsors at the FACILITIES in a manner that must comply with current CITY sign standards. The CITY will consider alternate ideas for sponsor displays only if the displays meet the requirements of the Chowchilla Municipal Code, are in accordance with approved CITY policies, and if sufficient lead time is provided to allow the CITY to review the proposal(s).
b. The ORGANIZATION is permitted to attach advertising to CITY amenities, such as field fences, at the FACILITIES following approval by the CITY to promote the PROGRAM and/or sponsors up to four (4) weeks prior to each SEASON. All advertising must be removed within two (2) weeks after the SEASON. c. The ORGANIZATION is prohibited from installing temporary or permanent advertising support structures, such as but nor limited to, posts, at the FACILITIES.
d. The ORGANIZATION is responsible for the maintenance and/or removal of any advertising installed by the ORGANIZATION due to safety issues and/or graffiti. e. The ORGANIZATION shall remove any damaged advertising that is not repairable within forty-eight (48) hours following the observance of the damage. f. If the CITY is forced to remove damaged advertising due to inaction by the ORGANIZATION, the CITY may charge the costs of removal to the ORGANIZATION at an amount determined by the CITY Master Fee Schedule in effect at the time of the PROGRAM or by actual incurred expenses.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 14 20. HOLD HARMLESS/INSURANCE REQUIREMENTS
a. The ORGANIZATION shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees arising from, caused by, or in any way connected with the PROGRAM, the ORGANIZATION, and/or use of the FACILITIES except for claims arising out of the sole negligence, willful misconduct, or active negligence of the CITY, its members, successors and assigns.
b. The ORGANIZATION shall carry a liability insurance policy or equivalent with a reputable insurance company. The ORGANIZATION shall not use the FACILITIES for any purpose prior to providing CITY with evidence of insurance.
c. The liability insurance policy must have the following minimum limits:
• Each occurrence – $2,000,000
• Personal & Advertising Injury – $2,000,000
• General Aggregate – $4,000,000
• Products/Completed Operations – $2,000,000
• Damage to Rented Premises (each occurrence) – $300,000 • Medical Expenses (any one person) – $10,000
d. The liability insurance policy shall cover the entire term of this AGREEMENT, including the PROGRAM term, or if unable to, then provide an updated insurance certificate each year. A current valid certificate of insurance must be on file before PROGRAM is conducted. The liability insurance policy shall provide that coverage will not be canceled, materially changed, or permitted to expire without a sixty- (60) day prior written notice to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
e. The contractor's general liability policies shall be primary and shall not seek contribution from the CITY's coverage and be endorsed using Insurance Services Office form C.G. 20 10 (or equivalent) to provide that the CITY and its officers, officials, employees, and agents shall be additional insureds under such policies.

The certificate of liability insurance shall be provided to the CITY REPRESENTATIVE as evidence of coverage not less than thirty (30) days prior SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 15 to the start of any use of FACILITIES by the ORGANIZATION for any aspect of the PROGRAM.
f. Failure to acquire and maintain the insurance required by this AGREEMENT on the part of the ORGANIZATION shall constitute a breach of this AGREEMENT and result in immediate, unilateral termination of this AGREEMENT by the CITY.

Any interpretation of this AGREEMENT shall not be construed against any party. f. In the event of litigation relating to this AGREEMENT, the prevailing party shall be entitled to attorneys' fees and costs.
g. This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and, when taken together with other signed counterparts, shall SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA FLAG FOOTBALL 16 constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

IN WITNESS WHEREOF, both parties have caused this AGREEMENT to be executed on their behalf by their officers duly authorized.

CITY OF CHOWCHILLA (CITY) ATTEST
_________________________________ __________________________________ Rod Pruett, City Administrator Joann McClendon, City Clerk

CHOWCHILLA FLAG FOOTBALL (ORGANIZATION)
________________________________ ____________________________________ Alfred Soares, Jr., President Alex Pittz, Vice President Primary Authorized Representative Secondary Authorized Representative CHOWCHILLA ATHLETIC FOUNDATION, INC. (PARENT ORGANIZATION) ____________________________________ ____________________________________ David Alexander, President Julie Volkmar
Primary Authorized Representative Secondary Authorized Representative City of Chowchilla

SPORTS LEAGUE

FACILITIES USE AGREEMENT

CHOWCHILLA GIRLS YOUTH SOFTBALL
This SPORTS LEAGUE FACILITIES USE AGREEMENT is made and entered into this 14th day of January 2025 between the City of Chowchilla (CITY) and Chowchilla Girls Softball (ORGANIZATION) for the use of public facilities owned by the City of Chowchilla.

DEFINITIONS:

1. AGREEMENT
This Sports League Facilities Use Agreement, and any amendments subsequently lawfully entered into between the parties.

2. NOTICE
Acceptable notification between the CITY and the ORGANIZATION can consist of either a printed hardcopy or an email .

3. CITY REPRESENTATIVE
The designee (s) assigned by the City Administrator to act in good faith as an agent of the CITY.

4. CITY NOTICE ADDRESS
City of Chowchilla, Attn: Recreation Department, 130 S. Second Street, Chowchilla, CA 93610.

5. TAX-EXEMPT STATUS
Either the PARENT ORGANIZATION or the ORGANIZATION must be exempt from federal income tax in accordance with the Internal Revenue Code, and be able to provide an appropriate determination letter from the Internal Revenue Service (IRS) recognizing the organization's exemption, and maintain an active tax-exempt status for the duration of this AGREEMENT.

6. PARENT ORGANIZATION
The Chowchilla Athletic Foundation, a tax-exempt organization United States tax SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 2 identification number is 14-1883243, is an umbrella organization for many community youth sports groups that provides ethical and philosophical guidance, financial assistance and management, tax compliance and reporting, and more, and is regarded as a principal provider of organized youth sports in the City of Chowchilla.

7. ORGANIZATION
The Chowchilla Girls Youth Softball League is a Chowchilla Athletic Foundation subgroup and is the principal provider of organized recreation youth girls softball in the City of Chowchilla.

8. PARENT ORGANIZATION REPRESENTATIVE
The designee (s) assigned by the board, officers, or similar representatives act in good faith as an agent of the PARENT ORGANIZATION.

9. ORGANIZATION REPRESENTATIVE
The designee (s) assigned by the board, officers, or similar representatives to act in good faith as an agent of the ORGANIZATION.

10. ORGANIZATION NOTICE ADDRESS
Chowchilla Girls Youth Softball League, P.O. Box 296, Chowchilla, CA 93610

11. PROGRAM
Recreation youth girls’ softball.

12. FACILITIES
The ORGANIZATION shall be allowed to use facilities at the Edward Ray Park, 625 North 15th Street, Chowchilla, CA, to include the two softball fields with sports field lights (lights use fees apply), park restrooms, recreation building for registration activities, coaches meetings, team meetings only and on-site parking areas. The recreation building cannot be used as a concession, there is no permitted use for the Kitchen with the exception of special occasions with notification such as opening day ceremonies. The ORGANIZATION must notify the CITY of any intended use of the Recreation Building. You may not use the Recreation Building unless the CITY has you scheduled on their calendar.

13. SEASON
The ORGANIZATION shall determine their specific playing season(s) that includes SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 3 tryouts, practices, games, and any special activities within the calendar year(s) commencing January 1 and ending December 31.

14. TERM
The term is three SEASONS from the date of approval. The term shall expire December 31, 2027.

BOTH PARTIES AGREE TO THE FOLLOWING:

The ORGANIZATION may use no other CITY property unless prior written consent is received from the CITY.
c. The FACILITIES are only to be used for the PROGRAM. Use of the FACILITIES by an individual(s) for personal use that is not part of an organized SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 4 team or group activity, such as practice or a game, within the parameters of the PROGRAM is strictly prohibited. This includes drop-in, one-on-one activities, or practices where a PROGRAM team of coaches and players is not participating. d. The ORGANIZATION acknowledges that the FACILITIES are for public use outside the PROGRAM's parameters. The CITY acknowledges the financial and time commitment of the ORGANIZATION to the FACILITIES. The CITY recognizes and accepts the preference and need of the ORGANIZATION to restrict access to the FACILITIES during the PROGRAM SEASON(S) to maintain the integrity of the grounds, field, and amenities. The ORGANIZATION accepts the CITY will open the FACILITY for public use when not in SEASON. e. The ORGANIZATION shall notify the CITY of their intent to provide the PROGRAM no later than two (2) months prior to finalizing registration activities. f. The Chowchilla Municipal Code regulates that parks are closed between 10:00 PM and 7:00 AM. The CITY will permit the ORGANIZATION to occupy the FACILITIES between 7:00 AM and 10:00 PM for regular activities during the SEASON. The CITY may provide a time extension for approved special activities, such as opening day preparation or tournaments, provided the CITY REPRESENTATIVE is notified in advance in writing, electronic or otherwise, and has approved the activities.
g. The ORGANIZATION shall provide to the CITY a draft schedule of the weeks and days of the anticipated SEASON for practice sessions, games, and special activities, such as opening day ceremony, as soon as it is defined so that fields can be blocked from requests for conflicting uses.
h. The CITY will notify the ORGANIZATION no less than forty-eight (48) hours before any activities, including non-emergency maintenance and construction projects, that may conflict with using the FACILITIES by the ORGANIZATION.

Emergency tasks may require a notification of less than forty-eight (48) hours.

The CITY will notify the ORGANIZATION no less than three (3) weeks in advance for any pre-scheduled community events. The FACILITIES may not be available by the ORGANIZATION during CITY events, programs, and projects. i. As soon as the ORGANIZATION has produced a final schedule of weeks, days, and times, and prior to the start of any use of the FACILITIES, a copy of the SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 5 schedule shall be provided to the CITY so the PROGRAM uses can be listed on the CITY internal facilities calendar.
j. The ORGANIZATION shall notify the CITY in advance of any schedule changes, additions, or deletions contrary to the published schedule, and the CITY shall attempt, if needed, to accommodate the adjustments. The FACILITIES are not available to the ORGANIZATION for use on any date not provided by the ORGANIZATION to the CITY in advance of such use.
k. Temporary operational and/or services structure(s) (such as portable toilets or concession trailers) shall not be placed on or used by the ORGANIZATION at the FACILITIES without prior approval from the CITY. The ORGANIZATION may request prior written consent by contacting the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS at least three (3) weeks prior to the intended installation date of any structure.

5. CONCESSION OPERATION
a. The ORGANIZATION, an approved non-profit direct affiliate, an approved mobile, or a similar private vendor may provide a concession operation to participants and attendees as part of the PROGRAM at the FACILITIES. A notice SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 6 of intent to provide a concession operation must be submitted to the CITY REPRESENTATIVE, in writing, electronic or otherwise, no less than four (4) weeks prior to the start of the PROGRAM to ensure compliance with all CITY regulations and requirements.
b. Any mobile or similar private vendor must comply with the current Chowchilla Municipal Code, meet all regulatory provisions, possess a current City of Chowchilla business license, and be approved by the CITY as authorized to conduct concession business within the CITY limits. The Chowchilla Community and Economic Development Department and the Chowchilla Finance Department are the authorizing agents for private vendor operations. c. The ORGANIZATION, direct affiliate, or approved private vendor must comply with all Madera County Health Department regulations and licenses pertaining to concession operations and provide proof of compliance if requested by the CITY. d. Concession vehicles are restricted from being set up on adjacent paved street surfaces, and no concession vehicle may be driven, parked, or otherwise placed upon FACILITIES property without prior approval from the CITY REPRESENTATIVE.
e. The ORGANIZATION, direct affiliate, or approved private vendor provides all supplies and goods.
f. The CITY will not be responsible for any loss of goods, supplies, or equipment incurred by the ORGANIZATION, direct affiliate, or approved private vendor. g. The ORGANIZATION must ensure all food contents are securely sealed in airtight containers and waste disposed of regularly.

6. SPECIAL EVENTS
a. The ORGANIZATION may conduct special events, such as opening day activities, workshops, and similar events, at the FACILITIES. However, it must submit a request to the CITY REPRESENTATIVE in advance in writing, electronic or otherwise, no less than thirty (30) days, preferably sooner, prior to the special event date. The CITY must provide prior approval to the ORGANIZATION before the special event can be promoted and conducted.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 7 b. The CITY may require additional conditions not prescribed in this AGREEMENT to accommodate the special event. Any such conditions will be provided to the ORGANIZATION by the CITY either verbally or in writing.

7. PROGRAM REGISTRATION FEES
The ORGANIZATION is solely responsible for setting and collecting any and all PROGRAM registration fees. The CITY will not accept any payments on behalf of the ORGANIZATION.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 8 d. The CITY recommends that the ORGANIZATION follow the recommendation of the National Recreation and Park Association and National Alliance for Youth Sports to implement the volunteer management guidelines for credentialing volunteers through comprehensive background screening. More information can be found at the National Alliance for Youth Sports website at www.nays.org under resources.

10. CODE OF CONDUCT
a. The CITY places strong emphasis and value on being able to provide outdoor CITY park properties and/or FACILITIES for user groups to recreate actively.

The objective is to make sportsmanship and athletics part of the field's use program while ensuring everyone respects one another. All user groups that utilize outdoor CITY park properties and/or FACILITIES are expected to display positive sportsmanship, encouragement, and respectable conduct. The ORGANIZATION is required to comply with the following.
i. All ORGANIZATION leadership will show proper respect for the rules of play, the authority of officials, and consideration of the opponent and the contact with whom contact is made.
ii. All field users shall behave in a manner that shows good sportsmanship and good citizenship at all times.
iii. Any form of obscenity or abuse towards participants, CITY staff, spectators, coaches, and/or officials will not be tolerated. Any individual using abusive or foul language must be removed from the field. iv. All field users will always accept the judgment of the official. v. All field users will respect and protect the property of the CITY. vi. The highest ideal in sportsmanship shall be developed, and instruction on the proper skills and rules pertaining to the game will be provided respectfully.
vii. All field users must maintain self-control and respect when dealing with any official, CITY staff, or fellow user group.
viii. All groups must abide by and observe all rules and regulations which the CITY has established.
ix. All users and representatives, including the board, coaches, and spectators, will treat all CITY staff with respect at all times.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 9 b. The ORGANIZATION agrees not to allow any loud, boisterous, or disorderly persons to remain about the FACILITIES during any PROGRAM activity. c. The ORGANIZATION shall not knowingly permit any illegal activities or violation of any Chowchilla Municipal Code ordinances to be conducted upon any CITY park properties and/or at FACILITIES during any PROGRAM activity.

11. ALCOHOL AND TABACCO PROHIBITIONS
a. Alcohol Restrictions:

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 10 c. The ORGANIZATION is prohibited from duplicating any CITY key(s). The ORGANIZATION is prohibited from sharing the CITY key(s) and/or alarm code with any person(s) not authorized by the CITY.
d. The ORGANIZATION will provide a list of board members and returning managers who will retain any assigned CITY key(s) until they are no longer volunteers with the ORGANIZATION, upon which time the assigned CITY key(s) shall be returned to the CITY.

The ORGANIZATION is assigned the priority definition of the field dimensions using only approved field marking paint on the turf. No heat burning or use of turf-killing or corrosive chemicals is allowed. No other group or program will be given the authority to adjust and/or overpaint field dimensions established by the ORGANIZATION during the term of their SEASON.
d. Tasks or projects not prescribed in this AGREEMENT will require prior consent from the CITY no less than thirty (30) days before the ORGANIZATION performs it. The CITY will not perform these tasks through the CITY and will consider discussing mutually beneficial proposals.
e. Tasks or projects to be performed by the ORGANIZATION on the FACILITIES, beyond the scope of field preparation and minor routine maintenance, must meet all legal Federal, State, and City codes and permitting requirements that, depending on the scope, may include the use of licensed contractors who possess a City Business License and meet regulatory requirements. f. The ORGANIZATION shall be solely responsible for performing practice and SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 11 game-day preparations and maintaining the FACILITIES specific to their PROGRAM. Any special work that exceeds the routine practice/game day maintenance that the ORGANIZATION wants to undertake must first be submitted for review and approval by the CITY. The proposed work shall be presented to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. g. During the SEASON, the ORGANIZATION shall ensure that all trash and litter is placed into CITY trash receptacles to the best of their ability. The CITY encourages the ORGANIZATION to notify the CITY REPRESENTATIVE of the need for the CITY to provide additional temporary trash receptacles during a PROGRAM or special event. Trash bags or boxes, are not to be placed outside any trash receptacle. The ORGANIZATION must remove all excess trash not contained within a trash receptacle from the FACILITIES. h. The ORGANIZATION must remove all excess amounts of trash and litter from the FACILITIES and place the debris in the trash hauler bins located adjacent to the concession stand, including but not limited to uniform and awards packing materials, food containers, packing and storage boxes, etc. Such debris items are not to be disposed of in the park trash receptacles as these are only emptied once or twice a week, depending on the park maintenance schedule. i. During the SEASON, the ORGANIZATION will monitor the FACILITIES, including, but not limited to, the sports fields and associated amenities, the recreation building, and the park restrooms, and will report any problems and maintenance needs to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
j. The ORGANIZATION must report any graffiti on advertising, equipment, and/or facilities to the CITY REPRESENTATIVE within twenty-four (24) hours following the observance of the damage or graffiti.

The CITY and ORGANIZATION will each have a full set of keys to all locks.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 12 b. The CITY requests the FACILITIES sports field lights not be used later than 10:00 PM though exceptions will be allowed periodically with the requirement that all FACILITIES sport field lights must be turned off no later than 11:00 PM.
c. The ORGANIZATION is responsible for all usage costs associated with its use of FACILITIES sport field lights used for the PROGRAM during the SEASON. This obligation includes, but is not limited to, any lights inadvertently scheduled with the CITY by the ORGANIZATION before or after the desired use and/or for lights requested by the ORGANIZATION participants for unauthorized games or practices.
d. During the SEASON, the ORGANIZATION will not alter the FACILITIES in any manner prior to the approval from the CITY.
e. The CITY will invoice the ORGANIZATION at the end of each SEASON for the use of the FACILITIES sport field lights. This amount was determined from a 2018 sports field electric costs audit. Each subsequent SEASON the previous year's amount is multiplied by an annual percentage adjustment. The adjustment is determined from either a rate adjustment charged to the CITY by the power provider (PG&E) or by the annual percentage change of the Consumer Price Index (CPI), whichever is greater. If the ORGANIZATION chooses not to use the field lights, they must notify the CITY; otherwise, they will be billed accordingly.

Projected Light Fees (subject to change):
2025 - $ 1,202.05
2026 - $1,250.14
2027 - $1,300.14

16. INCIDENTS OR ACCIDENTS
The ORGANIZATION shall report any incidents or accidents that have caused or may cause injury to a person(s) or CITY property to the CITY within twenty-four (24) hours of the incident or accident. A CITY incident/accident report must be completed within forty-eight (48) hours of any incident or accident and submitted to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. At the discretion of the ORGANIZATION, a request may be asked of the Chowchilla Police Department to make an official report to be provided to the CITY to complement the CITY incident/accident SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 13 report.

19. ADVERTISING
a. If desired, the ORGANIZATION may advertise the PROGRAM and/or sponsors at the FACILITIES in a manner that must comply with current CITY sign standards. The CITY will consider alternate ideas for sponsor displays only if the displays meet the requirements of the Chowchilla Municipal Code, are in accordance with approved CITY policies, and if sufficient lead time is provided to allow the CITY to review the proposal(s).
b. The ORGANIZATION is permitted to attach advertising to CITY amenities, e.g., field fences, at the FACILITIES following approval by the CITY to promote the PROGRAM and/or sponsors up to four (4) weeks prior to each SEASON. All advertising must be removed within two weeks after the SEASON. c. The ORGANIZATION prohibits installing temporary or permanent advertising support structures, such as but not limited to posts, at the FACILITIES. d. The ORGANIZATION is responsible for the maintenance and/or removal of any advertising installed by the ORGANIZATION due to safety issues and/or graffiti. e. The ORGANIZATION shall remove any damaged advertising that is not repairable within forty-eight (48) hours following the observance of the damage. f. If the CITY is forced to remove damaged advertising due to inaction by the ORGANIZATION, the CITY may charge the costs of removal to the ORGANIZATION at an amount determined by the CITY Master Fee Schedule in effect at the time of the PROGRAM or by actual incurred expenses.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 14 20. HOLD HARMLESS/INSURANCE REQUIREMENTS
a. The ORGANIZATION shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees arising from, caused by, or in any way connected with the PROGRAM, the ORGANIZATION, and/or use of the FACILITIES except for claims arising out of the sole negligence, willful misconduct, or active negligence of the CITY, its members, successors and assigns.
b. The ORGANIZATION shall carry a liability insurance policy or equivalent with a reputable insurance company. The ORGANIZATION shall not use the FACILITIES for any purpose prior to providing CITY with evidence of insurance.
c. The liability insurance policy must have the following minimum limits:
• Each occurrence – $2,000,000
• Personal & Advertising Injury – $2,000,000
• General Aggregate – $4,000,000
• Products/Completed Operations – $2,000,000
• Damage to Rented Premises (each occurrence) – $300,000 • Medical Expenses (any one person) – $10,000
d. The liability insurance policy shall cover the entire term of this AGREEMENT, including the PROGRAM term. If you are unable to do so, then provide an updated insurance certificate each year. A current valid certificate of insurance must be on file before PROGRAM is conducted. The liability insurance policy shall provide that coverage will not be canceled, materially changed, or permitted to expire without a sixty- (60) day prior written notice to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
e. The contractor's general liability policies shall be primary and shall not seek contribution from the CITY's coverage and be endorsed using Insurance Services Office form C.G. 20 10 (or equivalent) to provide that the CITY and its officers, officials, employees, and agents shall be additional insureds under such policies.

The certificate of liability insurance shall be provided to the CITY REPRESENTATIVE as evidence of coverage not less than thirty (30) days prior SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 15 to the start of any use of FACILITIES by the ORGANIZATION for any aspect of the PROGRAM.
f. Failure to acquire and maintain the insurance required by this AGREEMENT on the part of the ORGANIZATION shall constitute a breach of this AGREEMENT and result in immediate, unilateral termination of this AGREEMENT by the CITY.

Any interpretation of this AGREEMENT shall not be construed against any party. f. In the event of litigation relating to this AGREEMENT, the prevailing party shall be entitled to attorneys' fees and costs.
g. This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and, when taken together with other signed counterparts, shall SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA GIRLS SOFTBALL 16 constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

IN WITNESS WHEREOF, both parties have caused this AGREEMENT to be executed on their behalf by their officers duly authorized.

CITY OF CHOWCHILLA (CITY) ATTEST
____________________________________ ____________________________________ Rod Pruett, City Administrator Joann McClendon, City Clerk

CHOWCHILLA GIRLS SOFTBALL (ORGANIZATION)
____________________________________ ____________________________________ Jerry Cooper, President Case Vlot, Vice President
CHOWCHILLA ATHLETIC FOUNDATION, INC. (PARENT ORGANIZATION) ____________________________________ ____________________________________ David Alexander, President Julie Volkmar, Secretary
Primary Authorized Representative Secondary Authorized Representative City of Chowchilla

SPORTS LEAGUE

FACILITIES USE AGREEMENT

CHOWCHILLA LITTLE LEAGUE
This SPORTS LEAGUE FACILITIES USE AGREEMENT is made and entered into this 14th day of January 2025 between the City of Chowchilla (CITY) and Chowchilla Little League (ORGANIZATION) for the use of public facilities owned by the City of Chowchilla.

DEFINITIONS:

1. AGREEMENT
This Sports League Facilities Use Agreement and any amendments subsequently lawfully entered into between the parties.

2. NOTICE
Acceptable notification between the CITY and the ORGANIZATION can consist of either a printed hardcopy or an email.

3. CITY REPRESENTATIVE
The designee (s) assigned by the City Administrator are to act in good faith as agents of the CITY.

4. CITY NOTICE ADDRESS
The City of Chowchilla, Attention: Recreation Department, 130 S. Second Street, Chowchilla, CA 93610

5. TAX-EXEMPT STATUS
The ORGANIZATION must be exempt from federal income tax in accordance with the Internal Revenue Code, and be able to provide an appropriate determination letter from the Internal Revenue Service (IRS) recognizing the organization's tax exemption, and maintain an active tax-exempt status for the duration of this AGREEMENT.

6. ORGANIZATION
SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 2 The Chowchilla Little League, a tax-exempt organization, United States tax identification number is 22-2605044 is regarded as the principal provider of organized recreation youth baseball in the City of Chowchilla.

7. ORGANIZATION REPRESENTATIVE
The designee(s) assigned by the board, officers, or similar representatives to act in good faith as an agent of the ORGANIZATION.

8. ORGANIZATION NOTICE ADDRESS
Chowchilla Little League, P.O. Box 578, Chowchilla, CA 93610.

9. PROGRAM
Recreation youth baseball.

10. FACILITIES
The ORGANIZATION shall be allowed to use facilities at the RC Wisener Park, 130 South 2nd Street, Chowchilla, CA, to include the three baseball fields with sports field lights (lights use fees apply), park restrooms, concession stand, and on-site parking areas as the primary location for the PROGRAM.

If not in use by another sports program, the ORGANIZATION shall be allowed to use the facilities at Edward Ray Park, 625 North 15th Street, Chowchilla, CA, to include the one baseball field with sports field lights (lights use fees apply), park restrooms, park pavilion adjacent to the baseball field, recreation building on a limited use basis for registration activities, coaches meetings, team meetings, etc., and on-site parking areas as a secondary location for the PROGRAM. The ORGANIZATION must send a request prior to the requested date and coordinate availability for the use of the recreation building. This is a shared facility and may not always be available.

11. SEASON
The ORGANIZATION shall determine their specific playing season(s) that includes tryouts, practices, games, and any special activities within the calendar year(s) commencing January 1 and ending December 31.

12. TERM
The term is three SEASONS from the date of approval. The term shall expire December 31, 2027.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 3 BOTH PARTIES AGREE TO THE FOLLOWING:

The ORGANIZATION may use no other CITY property unless prior written consent is received from the CITY.
c. The FACILITIES are only to be used for the PROGRAM. Use of the FACILITIES by an individual(s) for personal use that is not part of an organized team or group activity, such as practice or a game, within the parameters of the PROGRAM is strictly prohibited. This includes drop-in, one-on-one activities, or practices where a PROGRAM team of coaches and players is not participating. d. The ORGANIZATION acknowledges that the FACILITIES are for public use outside the PROGRAM's parameters. The CITY acknowledges the financial and SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 4 time commitment of the ORGANIZATION to the FACILITIES. The CITY recognizes and accepts the preference and need of the ORGANIZATION to restrict access to the FACILITIES during the PROGRAM SEASON(S) to maintain the integrity of the grounds, field, and amenities. The ORGANIZATION accepts the CITY will open the FACILITY for public use when not in SEASON. e. The ORGANIZATION shall notify the CITY of their intent to provide the PROGRAM no later than two (2) months prior to finalizing registration activities. f. The Chowchilla Municipal Code regulates that parks are closed between 10:00 PM and 7:00 AM. The CITY will permit the ORGANIZATION to occupy the FACILITIES between 7:00 AM and 10:00 PM for regular activities during the SEASON. The CITY may provide a time extension for approved special activities, such as opening day preparation or tournaments, provided the CITY REPRESENTATIVE is notified in advance in writing, electronic or otherwise, and has approved the activities.
g. The ORGANIZATION shall provide to the CITY a draft schedule of the weeks and days of the anticipated SEASON for practice sessions, games, and special activities, such as opening day ceremony, as soon as it is defined so that fields can be blocked from requests for conflicting uses.
h. The CITY will notify the ORGANIZATION no less than forty-eight (48) hours before any activities, including non-emergency maintenance and construction projects, that may conflict with using the FACILITIES by the ORGANIZATION.

Emergency tasks may require a notification of less than forty-eight (48) hours.

The CITY will notify the ORGANIZATION no less than three (3) weeks in advance for any pre-scheduled community events. The FACILITIES may not be available by the ORGANIZATION during CITY events, programs, and projects. i. As soon as the ORGANIZATION has produced a final schedule of weeks, days, and times, and prior to the start of any use of the FACILITIES, a copy of the schedule shall be provided to the CITY so the PROGRAM uses can be listed on the CITY internal facilities calendar.
j. The ORGANIZATION shall notify the CITY in advance of any schedule changes, additions, or deletions contrary to the published schedule, and the CITY shall attempt, if needed, to accommodate the adjustments. The FACILITIES are SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 5 not available to the ORGANIZATION for use on any date not provided by the ORGANIZATION to the CITY in advance of such use.
k. Temporary operational and/or services structure(s) (such as portable toilets or concession trailers) shall not be placed on or used by the ORGANIZATION at the FACILITIES without prior approval from the CITY. The ORGANIZATION may request prior written consent by contacting the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS at least three (3) weeks prior to the intended installation date of any structure.

5. CONCESSION OPERATION
a. The ORGANIZATION, an approved non-profit direct affiliate, an approved mobile, or a similar private vendor may provide a concession operation to participants and attendees as part of the PROGRAM at the FACILITIES. A notice of intent to provide a concession operation must be submitted to the CITY REPRESENTATIVE, in writing, electronic or otherwise, no less than four (4) weeks prior to the start of the PROGRAM to ensure compliance with all CITY regulations and requirements.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 6 b. Any mobile or similar private vendor must comply with the current Chowchilla Municipal Code, meet all regulatory provisions, possess a current City of Chowchilla business license, , and be approved by the CITY as authorized to conduct concession business within the CITY limits. The Chowchilla Community and Economic Development Department and the Chowchilla Finance Department are the authorizing agents for private vendor operations. c. The ORGANIZATION, direct affiliate, or approved private vendor must comply with all Madera County Health Department regulations and licenses pertaining to concession operations and provide proof of compliance if requested by the CITY. d. Concession vehicles are restricted from being set up on adjacent paved street surfaces, and no concession vehicle may be driven, parked, or otherwise placed upon FACILITIES property without prior approval from the CITY REPRESENTATIVE.
e. The ORGANIZATION, direct affiliate, or approved private vendor provides all supplies and goods.
f. The CITY will not be responsible for any loss of goods, supplies, or equipment incurred by the ORGANIZATION, direct affiliate, or approved private vendor.

6. SPECIAL EVENTS
a. The ORGANIZATION MAY conduct special events, such as opening day activities, workshops, and similar activities at the FACILITIES. However, it must submit a request to the CITY REPRESENTATIVE in advance in writing, electronic or otherwise, no less than thirty (30) days, preferably sooner, prior to the special event date. The CITY must provide prior approval to the ORGANIZATION before the special event can be promoted and conducted.

The CITY may require additional conditions not prescribed in this AGREEMENT to accommodate the special event. Any such conditions will be provided to the ORGANIZATION by the CITY either verbally or in writing.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 7 8. SPECTATOR ADMISSION CHARGES
The ORGANIZATION is prohibited from charging a spectator admission fee, or similar, to any aspect of the PROGRAM or special event conducted on CITY park properties and within any FACILITIES.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 8 10. CODE OF CONDUCT
a. The CITY places strong emphasis and value on being able to provide outdoor CITY park properties and/or FACILITIES for user groups to recreate actively.

The objective is to make sportsmanship and athletics part of the field's use program while ensuring everyone respects one another. All user groups that utilize outdoor CITY park properties and/or FACILITIES are expected to display positive sportsmanship, encouragement, and respectable conduct. The ORGANIZATION is required to comply with the following.
i. All ORGANIZATION leadership will show proper respect for the rules of play, the authority of officials, and consideration of the opponent and the contact with whom contact is made.
ii. All field users shall behave in a manner that shows good sportsmanship and good citizenship at all times.
iii. Any form of obscenity or abuse towards participants, CITY staff, spectators, coaches, and/or officials will not be tolerated. Any individual using abusive or foul language must be removed from the field. iv. All field users will always accept the judgment of the official. v. All field users will respect and protect the property of the CITY. vi. The highest ideal in sportsmanship shall be developed, and instruction on the proper skills and rules pertaining to the game will be provided respectfully.
vii. All field users must maintain self-control and respect when dealing with any official, CITY staff, or fellow user group.
viii. All groups must abide by and observe all rules and regulations which the CITY has established.
ix. All users and representatives, including the board, coaches, and spectators, will treat all CITY staff with respect at all times.
b. The ORGANIZATION agrees not to allow any loud, boisterous, or disorderly persons to remain about the FACILITIES during any PROGRAM activity. c. The ORGANIZATION shall not knowingly permit any illegal activities or violation of any Chowchilla Municipal Code ordinances to be conducted upon any CITY park properties and/or at FACILITIES during any PROGRAM activity.

11. ALCOHOL AND TABACCO PROHIBITIONS
SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 9 a. Alcohol Restrictions:

The CITY recommends collecting all keys from their assignments after each season. The ORGANIZATION is responsible for those who use the facility from retaining the keys.
c. The ORGANIZATION is prohibited from duplicating any CITY key(s). The ORGANIZATION is prohibited from sharing the CITY key(s) and/or alarm code with any person(s) not authorized by the CITY.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 10 d. The ORGANIZATION will provide a list of board members and returning managers who will retain any assigned CITY key(s) until they are no longer volunteers with the ORGANIZATION, upon which time the assigned CITY key(s) shall be returned to the CITY.

The ORGANIZATION is assigned the priority definition of the field dimensions using only approved field marking paint on the turf. No heat burning or use of turf-killing or corrosive chemicals is allowed. No other group or program will be given the authority to adjust and/or overpaint field dimensions established by the ORGANIZATION during the term of their SEASON.
d. Tasks or projects not prescribed in this AGREEMENT will require prior consent from the CITY no less than thirty (30) days before the ORGANIZATION performs it. The CITY will not perform these tasks through the CITY and will consider discussing mutually beneficial proposals.
e. Tasks or projects to be performed by the ORGANIZATION on the FACILITIES, beyond the scope of field preparation and minor routine maintenance, must meet all legal Federal, State, and City codes and permitting requirements that, depending on the scope, may include the use of licensed contractors who possess a City Business License and meet regulatory requirements. f. The ORGANIZATION shall be solely responsible for performing practice and game-day preparations and maintaining the FACILITIES specific to their PROGRAM. Any special work that exceeds the routine practice/game day maintenance that the ORGANIZATION wants to undertake must first be SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 11 submitted for review and approval by the CITY. The proposed work shall be presented to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. g. During the SEASON, the ORGANIZATION shall ensure that all trash and litter is placed into CITY trash receptacles to the best of their ability. The CITY encourages the ORGANIZATION to notify the CITY REPRESENTATIVE of the need for the CITY to provide additional temporary trash receptacles during a PROGRAM or special event. Trash bags, boxes, etc., are not to be placed outside any trash receptacle. The ORGANIZATION must remove all excess trash not contained within a trash receptacle from the FACILITIES. h. The ORGANIZATION must remove all excess amounts of trash and litter from the FACILITIES and place the debris in the trash hauler bins located adjacent to the concession stand, including but not limited to uniform and awards packing materials, food containers and packing and storage boxes. Such debris items are not to be disposed of in the park trash receptacles as these are only emptied once or twice a week, depending on the park maintenance schedule. i. During the SEASON, the ORGANIZATION will monitor the FACILITIES, including, but not limited to, the sports fields and associated amenities, the recreation building, and the park restrooms, and will report any problems and maintenance needs to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
j. The ORGANIZATION must report any graffiti on advertising, equipment, and/or facilities to the CITY REPRESENTATIVE within twenty-four (24) hours following the observance of the damage or graffiti.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 12 c. The FACILITIES sport field lights are only to be used for the PROGRAM. Use of the FACILITIES sport field lights by an individual(s) for personal use that is not part of an organized team or group activity, e.g., practice, game, etc., within the parameters of the PROGRAM is strictly prohibited. This includes drop-in, oneon-one activities, or practices where a PROGRAM team of coaches and players is not participating.
d. The ORGANIZATION is responsible for all usage costs associated with its use of FACILITIES sport field lights used for the PROGRAM during the SEASON.

Projected Light Fees:

Spring Season:
2025 - $4,049.02
2026 - $4,210.98
2027 - $4,379.42
Fall Season:
2025 - $556.74
2026 – $579.01
2027 - $602.17
SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 13 16. INCIDENTS OR ACCIDENTS
The ORGANIZATION shall report any incidents or accidents that have caused or may cause injury to a person(s) or CITY property to the CITY within twenty-four (24) hours of the incident or accident. A CITY incident/accident report must be completed within forty-eight 48 hours of any incident or accident and submitted to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS. At the discretion of the ORGANIZATION, a request may be asked of the Chowchilla Police Department to make an official report to be provided to the CITY to complement the CITY incident/accident report.

SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 14 d. The ORGANIZATION is responsible for the maintenance and/or removal of any advertising installed by the ORGANIZATION due to safety issues and/or graffiti. e. The ORGANIZATION shall remove any damaged advertising that is not repairable within forty-eight (48) hours following the observance of the damage. f. If the CITY is forced to remove damaged advertising due to inaction by the ORGANIZATION, the CITY may charge the costs of removal to the ORGANIZATION at an amount determined by the CITY Master Fee Schedule in effect at the time of the PROGRAM or by actual incurred expenses.

20. HOLD HARMLESS/INSURANCE REQUIREMENTS
a. The ORGANIZATION shall indemnify, defend, and hold harmless the CITY, its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses, including attorney fees arising from, caused by, or in any way connected with the PROGRAM, the ORGANIZATION, and/or use of the FACILITIES except for claims arising out of the sole negligence, willful misconduct, or active negligence of the CITY, its members, successors and assigns.
b. The ORGANIZATION shall carry a liability insurance policy or equivalent with a reputable insurance company. The ORGANIZATION shall not use the FACILITIES for any purpose prior to providing CITY with evidence of insurance.
c. The liability insurance policy must have the following minimum limits:
• Each occurrence – $2,000,000
• Personal & Advertising Injury – $2,000,000
• General Aggregate – $4,000,000
• Products/Completed Operations – $2,000,000
• Damage to Rented Premises (each occurrence) – $300,000 • Medical Expenses (any one person) – $10,000
d. The liability insurance policy shall cover the entire term of this AGREEMENT, including the PROGRAM term. If you are unable to do so, then provide an updated insurance certificate each year. A current valid certificate of insurance must be on file before PROGRAM is conducted. The liability insurance policy SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 15 shall provide that coverage will not be canceled, materially changed, or permitted to expire without a sixty (60) day prior written notice to the CITY REPRESENTATIVE at the CITY NOTICE ADDRESS.
e. The contractor's general liability policies shall be primary and shall not seek contribution from the CITY's coverage and be endorsed using Insurance Services Office form C.G. 20 10 (or equivalent) to provide that the CITY and its officers, officials, employees, and agents shall be additional insureds under such policies.

21. GENERAL PROVISIONS
a. This AGREEMENT is personal to ORGANIZATION only and shall not be assigned, transferred, or granted. Any assignment, transfer, or granting by ORGANIZATION of any portion of this AGREEMENT or the AGREEMENT in its entirety shall constitute a material breach of this AGREEMENT. b. This AGREEMENT shall be deemed to have been executed and delivered within the State of California, and the rights and obligations of the parties hereto shall be construed and enforced in accordance with and governed by the laws of the State of California.
c. This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written AGREEMENTS and discussions. This AGREEMENT may be amended only by an agreement in writing, signed by the parties. d. This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, directors, SPORTS LEAGUE FACILITIES USE AGREEMENT – CHOWCHILLA LITTLE LEAGUE 16 divisions, subsidiaries, affiliates, assigns, heirs, and successors in interest, as applicable.
e. Each party has cooperated in the drafting and preparation of this AGREEMENT.

Any interpretation of this AGREEMENT shall not be construed against any party. f. In the event of litigation relating to this AGREEMENT, the prevailing party shall be entitled to attorneys' fees and costs.
g. This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

IN WITNESS WHEREOF, both parties have caused this AGREEMENT to be executed on their behalf by their officers duly authorized.

CITY OF CHOWCHILLA (CITY) ATTEST
____________________________________ ____________________________________ Rod Pruett, City Administrator Joann McClendon, City Clerk

CHOWCHILLA LITTLE LEAGUE (ORGANIZATION)
____________________________________ ____________________________________ Alfred Soares Jr., President Aaron Walters, Vice President

REPORT TO THE CITY COUNCIL
Item 3.9

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TO RETURN TO

THE AGENDA
Meeting of: January 28, 2025
AGENDA SECTION: Consent
SUBJECT: Consideration of a Resolution for Declaration of Surplus Property PREPARED BY: Joe Roman, Deputy Director of Public Works APPROVED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution

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

Staff recommends the City Council adopt a resolution authorizing the disposal of surplus City property and authorize staff to dispose of that certain property by sale at local (Madera) auction and declaring that Staff may add additional small and low value items for disposal at auction, not to exceed $500.00 in value, as identified prior to sale including, but not limited to, office desks, office furniture, outdated computers and unserviceable radios.

BACKGROUND:

Under City of Chowchilla Municipal Code Section 4.04.050, the City has the authority to sell or otherwise dispose of all commodities and equipment which cannot be used by any department or which have become unsuitable for City use. Disposition may include abandonment, destruction or donation to public bodies, charitable, civic or nonprofit organizations and may include City property which has no commercial value or for which the estimated cost of continued care, handling, maintenance, or storage would exceed the estimated proceeds of sale. Further, these assets have fully depreciated and have no residual value. Sales procedures may include negotiated sales, acceptance of sealed bids, or public auction.

The subject City property to be disposed includes:
• 1993 Tractor Ford 6640 - age blown motor (Waste Water Treatment Plant) • 2006 Ford F150 – age of vehicle, VIN #1FTRX18LXXKA89243 (FIRE Dept.) • 2019 Dodge RAM 1500 – totaled, VIN #1C6RR7KT5KS716890 (FIRE Dept.) • 1999 Ford V10 long bed – age, VIN #1FNX21SXXED60211 / Unit 163 (Streets) • 1999 Ford F250 2500 - age, VIN #1FTNX21S8XED10911 (Parks) • 2000 Chevy Venture Van – age, VIN #GNDU23EXYD291014 (IT) • 2006 Chevy Colo.- age, VIN #1GCC5196268331760 (Parks) • 2006 Chevy Colo – age, VIN #1GCCS196568326956 (Parks) • Ford F250 – age VIN #1FTNX20506EC37823 (Mechanic)
• 2020 Ford Explorer – age, VIN #1FM5K8AC6LGB76209 (PD) • 2013 Ford Explorer – age, VIN #1FM5K8ARxEGB27683 (PD) • 2018 Ford Explorer – age, VIN #1FM5K8AT2JGC74814 (PD) • Ford Explorer VIN #1FM5K8AR8EGB27682 (PD)
• Miscellaneous
• – Non-operable small equipment, such as chain saws, weed eaters, blowers, pumps. Also old office furniture, file cabinets, IT equipment.

As City equipment and vehicles become unusable we typically declare them as surplus which allows the City to then dispose of such. The City last disposed of declared surplus items in March 2021. The City typically combines these items with an annual auction in Madera conducted by Mulrooney Auction Company and have disposed of our surplus through their regularly scheduled auctions.

Though there is some cost to dispose of items this way, the City has netted better returns than when trying to dispose of these items itself. Through the use of the auction company, they do the advertising and will draw in buyers to get a premium price for these types of items. City staff needs only to deliver the items to their designated auction site in Madera. The next auction is scheduled for March 15, 2025.

REASON FOR RECOMMENDATION:

Disposal of City surplus property with maximum return on surplus items rather than disposing of items at landfill or recyclers.

FISCAL IMPACT:

No negative impact. There will be some out of pocket expenses to transport vehicles to sale site. City staff will palletize smaller items then transport pallets to sale site. Sale will generate some income to City by selling items the City can no longer use.

ALTERNATIVES:

Continue to store items at corporation yard and value of items continues to decrease or dispose of items at landfill or recycler which will generate little if any income to the City.

ACTIONS FOLLOWING APPROVAL:

City staff will dispose of the surplus property through various procedures that may include negotiated sales, acceptance of sealed bids, or public auction.

COUNCIL RESOLUTION # xx -25

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

TO DECLARE CERTAIN UNUSED CITY PROPERTY AS SURPLUS AND AUTHORIZE STAFF TO

DISPOSE OF BY SALE AT AUCTION
WHEREAS, the City of Chowchilla (City) owns and operates equipment and vehicles; and WHEREAS, the City has other small and low value items including, but not limited to, office desks, office furniture, outdated computers and unserviceable radios; and WHEREAS, staff has designated the property in Exhibit A as no longer necessary, useful or suitable for municipal purposes; and
WHEREAS, Chowchilla Municipal Code Chapter 4.04.050 specifies the terms and conditions for the disposition of surplus City property; and
WHEREAS, the City desires to surplus the property.

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. Declares the identified vehicles and equipment surplus.

3. Authorizes City staff to transport vehicles and equipment to the Madera Auction site.

4. Authorizes City staff to add additional small and low value items for disposal at auction not to exceed $500.00 in value.

5. Authorizes City staff to enter into agreement with Mulrooney Auction Company to sale surplus items at their upcoming Madera auction.

6. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 28th day of January, 2025 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk

EXHIBIT A
UNIT # YEAR MAKE MODEL DEPARTMENT VIN/Serial
117-93 1993 Ford Tractor 8340 Power
Star
WWTP
2019 Dodge RAM 1500 FIRE 1C6RR7KT5KS716890
2006 Ford F150 FIRE 1FTRX18LXXKA89243
163 1999 Ford F250 Streets 1FNX21SXXED60211
28 1999 Ford F250 Parks 1FTNX21S8XED10911
44 2000 Chevrolet Venture IT GNDU23EXYD291014
355 2006 Chevrolet Colorado Parks GCC5196268331760
354 2006 Chevrolet Colorado Parks 1GCCS196568326956
353 2006 Ford F250 Fleet 1FTNX20506EC37823
20-63 2020 Ford Explorer PD 1FM5K8AC6LGB76209
16-53 2013 Ford Explorer PD 1FM5K8ARxEGB27683
18-45 2018 Ford Explorer PD 1FM5K8AT2JGC74814
56 2014 Ford Explorer PD (K-9) 1FM5K8AR8EGB27682
N/A Various Miscellaneous Small
Equipment
Various N/A

REPORT TO THE CITY COUNCIL
Item 5.1

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TO RETURN TO

THE AGENDA
Meeting of: January 28, 2025
AGENDA SECTION: Deferred Business
SUBJECT: Consideration of 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 ☒ PLANNING 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:

This item was originally heard by the Chowchilla City Council at the December 10, 2024 meeting. The Council requested that the item return with additional information regarding the makeup of the Downtown Design Review Committee (DRC). The proposed makeup of the Downtown DRC would be the following:
• City Administrator, or in their absence, a selected representative from the Department; • Community and Economic Development Director, or in their absence, a selected representative from the Department;
• Deputy Director of Recreation & Community Engagement, or in their absence, a selected representative from the Department.

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-25

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 THIS 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 makeup of the Downtown DRC shall consist of the City Administrator, or in their absence, a selected representative from the Department; the Community and Economic Development Director, or in their absence, a selected representative from the Department; and the Deputy Director of Recreation & Community Engagement, or in their absence, a selected representative from the Department; and,
WHEREAS, the Planning Commission voted to recommend that the City Council approve the amendments.

NOW, THEREFORE, 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 28th day of January, 2025 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 6.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: January 28, 2025
AGENDA SECTION: New Business
SUBJECT: Consideration to approve a budget amendment and distribute a financial contribution to the Chowchilla Western Stampede in support of the historic cattle drive.

PREPARED BY: Stacy Wisener, Deputy Director of Recreation & Community Engagement ATTACHMENTS: A Resolution of the City Council Approving a $5,000 Contribution to the Chowchilla Western Stampede.

Letter from the Chowchilla Western Stampede

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

Staff recommends that the City Council approve the attached resolution authorizing a $5,000 contribution to the Chowchilla Western Stampede to support their annual cattle drive.

BACKGROUND:

The Chowchilla Western Stampede has been a cornerstone event in the City of Chowchilla, reflecting our community’s rich Western heritage and fostering civic pride. The annual cattle drive, a hallmark feature of the Stampede, draws visitors from all areas, contributing to Chowchilla’s recognition as a hub of Western culture and traditions.

The cattle drive and associated events have proven to be a major attraction, providing significant cultural, historical, and economic value to the City. This event not only preserves and celebrates our unique heritage but also serves as an important driver of tourism and local economic activity, benefiting restaurants, shops, and other businesses.

The $5,000 contribution will assist with expenditures to execute the Chowchilla Western Stampede’s annual cattle drive. Specifically, these funds will be used to help offset costs related to event insurance requirements. By supporting the event, the City affirms its commitment to fostering cultural heritage, stimulating local businesses, and enhancing community engagement.

The City’s contribution will also demonstrate our partnership with the Chowchilla Western Stampede organization and encourage continued collaboration on future events that benefit our residents and visitors alike.

FISCAL IMPACT:

A budget amendment of $5,000 from the general fund. This expenditure aligns with the City Council’s goals of promoting economic development and supporting cultural events.

ALTERNATIVES:

The City Council may:

1. Approve the resolution as recommended.

2. Modify the contribution amount.

3. Deny the resolution, which may limit the Chowchilla Western Stampede’s ability to successfully execute the annual cattle drive.

COUNCIL RESOLUTION # XX-25

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

APPROVE A BUDGET AMENDMENT AND DISTRIBUTE A FINANCIAL CONTRIBUTION TO THE

CHOWCHILLA WESTERN STAMPEDE TO SUPPORT THE ORGANIZATIONS EFFORTS TO

CONTINUE THE HISTORIC CATTLE DRIVE AND AUTHORIZING THE CITY ADMINISTRATOR OR

DESIGNEE TO EXECUTE RELATED DOCUMENTS THERETO
WHEREAS, the Chowchilla Western Stampede is a long-standing tradition that celebrates the rich history and heritage of the City of Chowchilla and the surrounding areas; and WHEREAS, the annual cattle drive, a key component of the Chowchilla Western Stampede, provides cultural, historical, and economic benefits to the community, attracting visitors and fostering civic pride; and
WHEREAS, the Chowchilla Western Stampede and its events promote tourism, stimulate local businesses, and enhance the quality of life for residents by preserving a long-standing tradition; and WHEREAS, the City Council recognizes the importance of supporting community events that align with the City’s goals for economic development, cultural enrichment, and community engagement; and
WHEREAS, the City Council has determined that providing a $5,000 contribution to the Chowchilla Western Stampede for their annual cattle drive is a justified and appropriate use of funds to support this significant community event;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

1. Approves a contribution of $5,000 to the Chowchilla Western Stampede to support their annual cattle drive event.

2. Directs City staff to disburse the funds to the Chowchilla Western Stampede organization in a timely manner to facilitate the planning and execution of the event.

3. Recognizes and commends the Chowchilla Western Stampede for their ongoing commitment to preserving the City’s heritage and for their efforts in organizing events that benefit the community.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 28th day of January 2025 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kelly Smith, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk
Dear City Council,
I am writing on behalf of the Chowchilla Western Stampede to request supplemental funding from the City of Chowchilla to help cover the rising insurance costs associated with our historic cattle drive down Robertson Blvd. Securing an insurance policy for this event has proven increasingly difficult, and the associated costs are rising sharply.

As a smaller nonprofit organization, we are concerned that these financial challenges may prevent us from continuing this beloved tradition—one that holds deep significance for our community. We respectfully ask the City Council to consider a contribution of $5,000 to help ensure the continued success of the Chowchilla Western Stampede.

Your support would not only allow us to preserve and promote the Western way of life but also help maintain one of the longest-standing cattle drives in the country, right here in our hometown of Chowchilla.

Thank you for your consideration.

Sincerely,
Justin Bruecker
President
Chowchilla Western Stampede

Chowchilla City CouncilJanuary 28, 2025

Chowchilla City Council
January 28, 2025