AGENDA
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. 2nd Street, Chowchilla, CA 93610
Tuesday, February 25, 2025
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):
OPEN SESSION – 4:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION:
PRESENTATIONS/WORKSHOP - Section 1
PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council on items of interest that are not on the agenda and that are within the subject matter jurisdiction of the Council.
It is recommended that speakers limit their comments to no more than 3 minutes each and it is requested that no comments be made during this period on items on the Agenda. Speakers are not allowed to cede their public comment time.
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.
City Council Meeting AGENDA February 25, 2025
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 February 11, 2025 Regular City Council Meeting Minutes (McClendon)
3.2 Consideration and Acceptance of the January 2025 Budget Report (Williams) PUBLIC HEARINGS – Section 4
4.1 A Public Hearing Relating to the Formation of Utility District No. 5, Including Consideration and Adoption of a City Council Resolutions Making Findings of Public Necessity, Health, Safety and Welfare and Establishing Underground Utility District No. 20 in Designated Real Property on:
a. Chowchilla Boulevard and Avenue 24 ½;
b. Robertson Boulevard and S. Montgomery Lake Way;
c. Washington Road and Alvarado Avenue (Rogers)
4.2 Introduction and Waiving First Reading of an Amendment to Chapter 18 - Zoning of the Chowchilla Municipal Code Relating to Text Amendment #24-0762 Housing Element HE – 2 (I) – Lower Income Opportunities and the Accompanied Notice of Exemption (Perea)
4.3 Consideration and Adoption of a City Council Resolution to Approve the Rancho Calera Block 3 Tentative Subdivision Map #24-0112 and the Accompanied Notice of Exemption (Perea)
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6
6.1 Consideration and Adoption of a City Council Resolution Approving an Agreement with the California Department of Transportation for the State Route 99/233 Chowchilla Multimodal Interchange Project (Rogers)
ANNOUNCEMENTS – Section 7
FEB 26 EDWARD RAY DAY
FEB 28 ANNUAL CATTLE DRIVE, ROBERTSON BLVD., 10AM
MARCH 1 CHOWCHILLA ROTARY CRAB FEED DINNER, FAIRGROUNDS 7PM MARCH 8 KIDDOS CRAFTS, ED RAY BUILDING 9 AM
MAR 11 CITY COUNCIL MEETING, COUNCIL CHAMBERS, 4PM
MAR 15 LITTLE LEAGUE OPENING CEREMONIES, RC WISENER PARK MAR 19 PLANNING COMMISSION MEETING, COUNCIL CHAMBERS, 5PM MAR 22 CHOWCHILLA GIRLS SOFTBALL OPENING CEREMONIES, ED RAY PARK City Council Meeting AGENDA February 25, 2025
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 20th day of February, 2025 at or before 5:00pm.
Joann McClendon, CMC, City Clerk
February 25, 2025 City Council Meeting – 4pm Open Session
ZOOM LOGIN INSTRUCTIONS
Use the following URL to start Zoom:
https://us06web.zoom.us/j/89090633510?pwd=cNdjs8tzjHdwo6Jq0Tvuau0qOJpdGY.1 Passcode: 075 125
To participate by phone:
Dial 1-669-444-9171
Webinar ID: 890 9063 3510
Passcode: 075 125
Staff highly recommends that participants log into Zoom 15 minutes before the meeting begins to perform an audio check and ensure they have an optimal internet connection.
Options to participate / view / listen to the meeting:
• If you wish to speak on an item using the Zoom platform on your computer/laptop or smartphone, please use the “raise hand” icon, and you will be unmuted when it is your turn to speak. Please provide your name when unmuted. You can address the Council for up to 3 minutes. • If you are calling into the meeting only (no camera/video) and wish to comment, press *9 to “raise your hand” and *6 to unmute yourself.
Item 3.1
CLICK HERE
TO RETURN TO
THE AGENDA
MINUTES
City Council Meeting Council Chamber, Chowchilla City Hall 130 S. 2nd Street, Chowchilla, CA 93610
Tuesday, February 11, 2025
Closed Session: 3:00 p.m. | Open Session: 4:00 p.m.
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: 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
CONSIDERATION OF APPROVAL OF AGENDA (Additions and/or Deletions): None.
PUBLIC ADDRESS – CLOSED SESSION
None.
CLOSED SESSION – 3:00 PM
1. CONFERENCE WITH LABOR NEGOTIATORS – Pursuant to Government Code Section 54957.6
Agency Designated Representatives: City Administrator Rod Pruett Employee Organizations: City Office Employees Association, Chowchilla Police Officer Association, City Employees Association, Mid Management/Confidential Association OPEN SESSION – 4:00 PM
CLOSED SESSION REPORT: Council to reconvene into Closed Session after Open Session; nothing to report at this time.
PLEDGE OF ALLEGIANCE
INVOCATION: Pastor Pruitt
PRESENTATIONS/WORKSHOP - Section 1
None.
PUBLIC ADDRESS
David Macias addressed the City Council regarding the recent violence, the speeders on Washington, the loud noise, why are there so many street lights out by Save Mart what is being done about it.
COUNCIL AND STAFF VERBAL REPORTS – Section 2
2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
City Council Meeting MINUTES February 11, 2025
Council Member Ahmed attended the Madera County Transportation Commission meeting.
Mayor Pro Tem Troost with mayor were judges at the science fair at fuller school.
Mayor Smith attended a Community Task Force meeting; the City Selection Committee meeting to appoint people to RAN Board, San Joaquin Valley Regional Early Action Planning Committee where Mayor Troost was appointed to the Citizens Committee as the alternate.
2.2 STAFF VERBAL REPORTS
Police Chief Palmer went over departmental stats since the last meeting.
Fire Chief also went over departmental stats. He attended Fire Chief Barboa’s funeral in Firebaugh. Some of Chowchilla Volunteer Firefighters staffed Firebaugh’s station during that time and the City Manager sent his gratitude for it.
Public Works Director Rogers had meetings with Caltrans regarding the Robertson Blvd CAPM Project and the Interchange/Roundabouts Project. Design is progressing and they expect 30% design on both to be completed in April. He received notification from HSR that the reimbursement agreement for the Fairmead Sewer Consolidation Project has been fully executed. Our engineers can now begin work on the engineering design. He also met with Mid Valley Disposal to discuss the Spring 2025 annual curbside cleanup event. The event is tentatively scheduled for March 23rd – 28th. They also brought up the prospect of having an additional drop off event in the Fall/Winter at the fairgrounds.
Deputy Director of Recreation & Community Engagement Wisener reported to Council of the upcoming Kiddos Kraft event, CAF Dinner on February 22, Ed Ray Day on February 26, and the Stampede on February 28.
City Administrator Pruett attended the League of California Cities City Manager’s Conference; an offer has been made for the Community & Economic Development Director position; preparing for the upcoming labor negotiations; will meet with CAO Varney regarding an old agreement regarding a fire station; HSR proposal for City’s frontage Road was provided to staff and will meet with the ad hoc for HSR to review.
CONSENT CALENDAR – Section 3
3.1 Approval of the January 28, 2025 Regular City Council Meeting Minutes (McClendon)
3.2 Approval of the January 28, 2025 Special City Council Meeting Minutes (McClendon)
3.3 Consideration and Acceptance of the January 2025 Check Register Report (Williams)
3.4 Consideration and Adoption of a City Council Resolution (10-25) Amending Council Resolution #94-13, Passed and Adopted on November 12, 2013, Relating to the Council Contingency Fund Policy to Enhance Accessibility, Flexibility and Administrative Efficiency (Wisener)
3.5 Consideration and Adoption of a Flag Policy for City-Owned Buildings, Special Events and Holidays (McClendon)
Item 3.5 was removed from the Consent calendar and added to New Business as Item 6.0.
Motion by Mayor Pro Tem Troost, Seconded by Council Member Ahmed to Approve the Consent Calendar as Amended. Motion passed by roll call cote.
PUBLIC HEARINGS – Section 4
City Council Meeting MINUTES February 11, 2025
None.
DEFERRED BUSINESS – Section 5
5.1 Consideration and Adoption of a City Council Resolution (11-25) Approving a Contribution Request to the Chowchilla District Chamber of Commerce to Support the Organization's Efforts to Assist Local Commerce and Authorizing the City Administrator or Designee to Execute Related Documents Thereto (Wisener) Motion by Mayor Pro Tem Troost, Seconded by Council Member Barragan to Approve City Council Resolution #11-25, Approving a Contribution Request to the Chowchilla District Chamber of Commerce to Support the Organization's Efforts to Assist Local Commerce with $3500 now and $3500 on June 30, 2025, and Authorizing the City Administrator or Designee to Execute Related Documents Thereto. Motion passed with Council Member Chavez voting no.
NEW BUSINESS – Section 6
6.0 Consideration and Adoption of a Flag Policy for City-Owned Buildings, Special Events and Holidays (McClendon)
Motion by Mayor Pro Tem Troost, Seconded by Council Member Ahmed to Approve the Policy as Amended, Adding Flag Day and Fourth of July as staffing allows. Motion passed by roll call vote.
6.1 Consideration to Approve the Madera County Economic Development Commission’s 2025-2026 Fiscal Year Basic Service Level Budget Proposal (Pruett) Council Member Ahmed, Seconded by Council Member Barragan to Approve the Madera County Economic Development Commission’s 2025-2026 Fiscal Year Basic Service Level Budget Proposal. Motion passed by roll call vote.
ANNOUNCEMENTS – Section 7
FEB 15 KIDDOS CRAFTS, EDWARD RAY BUILDING, 10 AM – 1 PM FEB 17 PRESIDENTS DAY, CITY OFFICES CLOSED
FEB 19 PLANNING COMMISSION MEETING, COUNCIL CHAMBER, 5PM FEB 25 CITY COUNCIL MEETING, COUNCIL CHAMBER, 4PM
FEB 28 ANNUAL CATTLE DRIVE, ROBERTSON BLVD., 10AM
The City Council reconvened into Closed Session at 4:48 p.m.
CLOSED SESSION REPORT: No reportable action.
ADJOURNMENT
Mayor Smith Adjourned the February 11, 2025 Regular City Council Meeting in Memory of Bob Silva and Former Madera County Sheriff John Anderson at 5:49 p.m.
ATTEST: APPROVED:
Joann McClendon, CMC, City Clerk Mayor Kelly Smith
REPORT TO THE CITY COUNCIL
Item 3.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 25, 2025
AGENDA SECTION: Consent
SUBJECT: Consideration of Monthly Financial Statements
PREPARED BY: Kerri Williams, Finance Director
ATTACHMENTS: January 2025 Budget vs Actual and Balance Sheet
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☒ RECOMMENDATION:
Approve the January 2025 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 41.67%.
If the percent remaining column for Revenues is higher than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant. If the percent remaining column for Expenses is lower than the above-mentioned percentage, that is an unfavorable variance and should be explained if significant.
If there are questions regarding the actual amounts or budget vs actual variances, please forward your questions to me in enough time before the meeting for staff to research them FISCAL IMPACT:
Revenues
General Administration- Property tax and VLF, which are 2 of our biggest revenues, are only received 2 times a year in February and May, we have yet to receive a distribution. We are teetered which means we do not have to worry about delinquencies, because the County pays us and goes after the delinquencies themselves. Sales tax payments run a couple months behind and we have yet to receive December’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
2/10/2025 9:03:42 AM Page 1 of 3
Budget Report
Chowchilla, CA Group Summary
For Fiscal: 2024-2025 Period Ending: 01/31/2025
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 10,268,367.00 303,975.91 1,464,800.80 -8,803,566.20 85.73% Expense 292,415.00 292,415.00 25.63 10,274.08 282,140.92 96.49% Dept: 1600 - General Administration Surplus (Deficit): 9,975,952.00 9,975,952.00 303,950.28 1,454,526.72 -8,521,425.28 85.42% Dept: 1605 - City Council
Revenue 1,775.00 1,775.00 284.40 1,848.60 73.60 4.15%
Expense 104,452.00 106,468.00 7,677.11 37,302.41 69,165.59 64.96% Dept: 1605 - City Council Surplus (Deficit): -102,677.00 -104,693.00 -7,392.71 -35,453.81 69,239.19 66.14% Dept: 1610 - City Clerk
Revenue 0.00 81.78 0.00 81.78 0.00 0.00%
Expense 347,984.00 347,984.00 75,471.45 195,787.47 152,196.53 43.74% Dept: 1610 - City Clerk Surplus (Deficit): -347,984.00 -347,902.22 -75,471.45 -195,705.69 152,196.53 43.75% Dept: 1615 - City Attorney
Expense 300,000.00 336,000.00 25,994.98 220,564.21 115,435.79 34.36% Dept: 1615 - City Attorney Total: 300,000.00 336,000.00 25,994.98 220,564.21 115,435.79 34.36% 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 2,068,037.00 134,228.28 1,134,797.33 933,239.67 45.13% Dept: 1705 - General Services Surplus (Deficit): -2,068,037.00 -2,067,819.02 -134,228.28 -1,127,933.86 939,885.16 45.45% Dept: 1710 - City Administration
Revenue 0.00 81.78 0.00 81.78 0.00 0.00%
Expense 456,792.00 456,792.00 21,047.71 171,274.14 285,517.86 62.51% Dept: 1710 - City Administration Surplus (Deficit): -456,792.00 -456,710.22 -21,047.71 -171,192.36 285,517.86 62.52% Dept: 1712 - City Property - Rents
Revenue 165,262.00 165,262.00 16,322.90 106,084.34 -59,177.66 35.81% Expense 53,395.00 53,395.00 392.58 22,446.98 30,948.02 57.96% Dept: 1712 - City Property - Rents Surplus (Deficit): 111,867.00 111,867.00 15,930.32 83,637.36 -28,229.64 25.24% Dept: 1720 - Finance Department
Revenue 19,348.00 19,724.00 547.00 4,786.90 -14,937.10 75.73% Expense 918,252.00 918,252.00 49,682.30 413,389.20 504,862.80 54.98% Dept: 1720 - Finance Department Surplus (Deficit): -898,904.00 -898,528.00 -49,135.30 -408,602.30 489,925.70 54.53% Dept: 2610 - Police Department
Revenue 1,691,430.00 1,883,723.21 12,302.63 328,454.22 -1,555,268.99 82.56% Expense 6,063,553.00 6,283,416.40 322,775.57 2,767,496.69 3,515,919.71 55.96% Dept: 2610 - Police Department Surplus (Deficit): -4,372,123.00 -4,399,693.19 -310,472.94 -2,439,042.47 1,960,650.72 44.56% Dept: 2705 - Fire Department
Revenue 5,500.00 5,549.04 150.00 4,821.91 -727.13 13.10% Expense 393,380.00 394,628.77 17,744.82 171,399.93 223,228.84 56.57% Dept: 2705 - Fire Department Surplus (Deficit): -387,880.00 -389,079.73 -17,594.82 -166,578.02 222,501.71 57.19% Dept: 4705 - Community & Economic Development
Revenue 590,804.00 621,521.98 70,672.23 500,514.66 -121,007.32 19.47% Expense 1,173,295.00 1,203,795.00 51,382.19 488,784.58 715,010.42 59.40% Dept: 4705 - Community & Economic Development Surplus (Deficit): -582,491.00 -582,273.02 19,290.04 11,730.08 594,003.10 102.01% 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 0.00 12,279.92 13,224.08 51.85% Dept: 6610 - Community Pool (OLD) Surplus (Deficit): -24,004.00 -23,786.02 0.00 -10,668.94 13,117.08 55.15% Budget Report For Fiscal: 2024-2025 Period Ending: 01/31/2025 2/10/2025 9:03:42 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 43,560.00 981.56 5,614.79 37,945.21 87.11% Dept: 6615 - Senior Services Surplus (Deficit): -43,560.00 -43,560.00 -981.56 -4,363.05 39,196.95 89.98% 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 33,028.75 316,484.06 569,113.94 64.26% Dept: 6620 - Parks & Facilities Surplus (Deficit): -686,751.00 -686,636.64 -33,028.75 -309,860.47 376,776.17 54.87% Dept: 6625 - Community Relations
Revenue 22,500.00 30,166.58 728.60 12,434.75 -17,731.83 58.78% Expense 238,224.00 252,739.00 14,027.96 137,526.98 115,212.02 45.59% Dept: 6625 - Community Relations Surplus (Deficit): -215,724.00 -222,572.42 -13,299.36 -125,092.23 97,480.19 43.80% Report Surplus (Deficit): -399,108.00 -471,434.48 -349,477.22 -3,665,163.25 -3,193,728.77 -677.45% Budget Report For Fiscal: 2024-2025 Period Ending: 01/31/2025 2/10/2025 9:03:42 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 -471,434.48 -349,477.22 -3,665,163.25 -3,193,728.77 Report Surplus (Deficit): -399,108.00 -471,434.48 -349,477.22 -3,665,163.25 -3,193,728.77 2/10/2025 9:01:54 AM Page 1 of 1
Balance Sheet
Chowchilla, CA Account Summary
As Of 01/31/2025
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 240,291.12
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 139,804.62 100-0100-0228 Pending Charges or Refunds -1.00
100-0100-0230 Accounts Receivable-Utilities 60.00
100-0100-0291 Prepaid Expenses 15,041.25
100-0100-1900 Claim On Cash 7,226,563.50
Total Assets: 8,253,380.04 8,253,380.04
Liability
100-0200-0422 Bonds for Work-Refundable 1,500.00
100-0200-0480 Deferred Revenue 151,425.73
100-0200-0482 Unavailable Lease Revenue 50,823.48
100-0200-2901 Accounts Payable Pending 161,276.77
Total Liability: 365,025.98
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 2,440,259.52
Total Expense 6,105,422.77
Revenues Over/Under Expenses -3,665,163.25
Total Liabilities, Equity and Current Surplus (Deficit): 8,253,380.04 Total Equity and Current Surplus (Deficit): 7,888,354.06
REPORT TO THE CITY COUNCIL
Item 4.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 25, 2025
AGENDA SECTION: Public Hearing
SUBJECT: Public Hearing relating to the formation of Utility District No. 5 APPROVED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
Staff recommends that the City Council (Council):
1. Conduct the public hearing;
2. Find that the attached Underground Utility Districts are exempt from CEQA analysis under Class 2 Categorical Exemptions, California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15302.d; and
3. Adopt resolution making findings of public necessity, health, safety, and welfare and establishing a Underground Utility District for one of the designated real property areas between:
a. Chowchilla Blvd and Ave 24 ½
b. Robertson Blvd and S. Montgomery Lake Way
c. Washington Rd and Alvarado Ave
BACKGROUND:
The Chowchilla Municipal Code Title 12, Chapter 12.20 provides for the designation of Underground Utility Districts (UUD). The Council must conduct a public hearing to determine the necessity for formation of UUDs. The undergrounding of utility poles, wires and above ground facilities must benefit the public and meet one or more of the following requirements:
1. Undergrounding will eliminate a hefty concentration of overhead distribution of facilities.
2. Street right-of-way is extensively used by the public and carries a heavy volume of pedestrian or vehicular traffic.
3. Street right-of-way passes through a civic area or public recreation area, or area of unusual scenic interest.
REASON FOR RECOMMENDATION:
The purpose of this hearing is to determine whether to establish a UUD at one of the following locations:
1. Chowchilla Blvd and Ave 24 ½
2. Robertson Blvd and S. Montgomery Lake Way
3. Washington Rd and Alvarado Ave
Each intersection is depicted in the Project Location Map (“Project Location Map”). In order to form a UUD, the Council must hold a public hearing and adopt a resolution. The resolution must make public benefit findings as set forth in the proposed resolution. The UUD would be facilitated by PG&E Rule 20A and a combined initiative between the City of Chowchilla (City), PG&E (Pacific, Gas & Electric), cable and telecommunications companies.
A field review of the proposed UUD has yet to be completed as of this time however staff has discussed the proposed UUD with PG&E on several occasions. It is anticipated that following the adoption of this resolution, a field meeting will be convened with PG&E, Telephone (AT&T), Comcast cable and City staff to confirm that the area qualifies for placing of utilities underground.
The three potential locations were chosen for the following reasons:
Chowchilla Blvd and Ave 24 ½ - There is a significant concentration of overhead lines at the intersection.
In addition, the overhead and above-ground utilities are within the access road to city facilities.
Robertson Blvd and S. Montgomery Lake Way - There is a significant concentration of overhead lines at rights-of-way, primarily on the north side of the intersection. In addition, the shopping center on the south side of the intersection has had numerous overhead facilities removed in the past. The addition of a proposed roundabout off of the State Route 99 northbound offramp will most likely require the undergrounding of utilities in this area.
Washington Rd and Alvarado Ave - There is a new subdivision currently being built and overhead lines remaining on the north side of Washington Rd.
These potential projects represent additional steps in removing unsightly overhead utilities in the City. The proposed UUDs would allow the undergrounding of the overhead utilities existing within the area and clear the area of overhead and above-ground utilities.
PG&E will perform the project design, according to their standards and coordinate with the telephone and cable utilities for the underground district. Upon completion of the design, PG&E will schedule construction of the undergrounding and coordinate with the City on the installations.
Properties adjacent to the new improvements, if connected to lines being undergrounded, will be required to convert their existing services to the underground utility points of connection. PG&E and the City will coordinate conversations with each property owner.
All costs associated with undergrounding the overhead utilities within the street right-of-way shall be paid by utility companies. The utility companies will also pay for up to 100 feet of trenching for each customer’s underground electrical service outside of the street right-of-way. The utilities will pay for the necessary electrical meter panel hookups. Meter panels and/or existing electrical connections that do not meet code will be the responsibility of the property owners to repair or replace at their expense. It is there may be no cost to the property owners given their proximity to any pole lines from which they may take service.
Affected landscaping will be restored.
FISCAL IMPACT:
PG&E Electric Rule 20A Program allocates funds annually for the undergrounding of power poles, overhead utility wires and above ground facilities. AT&T and Comcast are also obligated to underground their overhead facilities once the underground district is formed. The three utility companies will coordinate the underground installation of their facilities.
At present, it is anticipated there is insufficient funding within the credits now available to the City of Chowchilla. Previous conversation with the PG&E Rule 20A Program Liaison has provide positive feedback with regard to the City’s ability to secure unused credits at other cities. The City is in need of those unused credits as the program no longer allocates credits to local agencies. If PG&E does not secure additional funds for use by the City, the project will not move forward. As such, there will be no impacts to the City’s General Fund.
ALTERNATIVES:
Not adopt resolution. In this case, the project will not move forward and existing credits available to the City will eventually be reallocated to other agencies until the balance zeros out some time in the future.
ACTIONS FOLLOWING APPROVAL:
1. Send resolution to PG&E
2. Begin Rule 20A Undergrounding process
COUNCIL RESOLUTION # XX-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA MAKING
FINDINGS OF PUBLIC NECESSITY, HEALTH, SAFETY, AND WELFARE AND ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 20 IN DESIGNATED REAL PROPERTY ON CHOWCHILLA BOULEVARD AND AVENUE 24 1/2
WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and
WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground; and
WHEREAS, the City of Chowchilla, has adopted an ordinance (Chowchilla Municipal Code Title 12, Chapter 12.20) authorizing the City Council to designate areas for the designation of Underground Utility Districts within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, the City Engineer of the City of Chowchilla has consulted with the Pacific, Gas & Electric Company (PG&E) and PG&E has agreed that the proposed underground conversion district, designated the Underground Utility District No. 20 and more particularly described in Exhibit A attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC; to wit,
that such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities, and
that the street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic,
and that the street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic,
WHEREAS, the City Engineer of the City of Chowchilla will, as necessary, also consult with other affected public utilities for the purposes of ensuring such utilities agree that the proposed underground conversion district, designated the Underground Utility District No. 20 and more particularly described in Exhibit A attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC; and
WHEREAS, each year the City of Chowchilla is notified by PG&E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations; and WHEREAS, the City of Chowchilla and the affected utilities have agreed by letter that each utility shall complete the engineering of their respective portion of the Underground Utility District No. 20 Overhead to Underground Utility Conversion Project; and WHEREAS, the City of Chowchilla and the affected utilities have agreed by letter that PG&E shall be responsible for preparation of the trench profile and composite drawings and that PG&E shall be designated as “trench lead” to manage trenching, installation of substructures, and pavement restoration and such other work; and
WHEREAS the City Engineer of the City of Chowchilla and the affected utilities have agreed on a work schedule which meets their respective capabilities and further agreed to waive any administrative fees, costs or special street restoration requirements for purposes of this project; and WHEREAS, to the extent required, the City of Chowchilla has agreed to provide easements or rights of way on private property as may be necessary for installation of utility facilities in a form satisfactory to the affected utilities; and
WHEREAS, the City Council of the City of Chowchilla has now received the report from the City Engineer recommending that the area identified in Exhibit A should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and
WHEREAS, upon the recommendation of the City Engineer, the City Council of the City of Chowchilla has determined that the proposed Underground Utility District No. 5 is categorically exempt from environmental review pursuant to the California Environmental Quality Act, and WHEREAS, the City of Chowchilla has as the owner of the affected property within the proposed Underground Utility District No. 5 has actual notice of the public hearing; and
WHEREAS, the City Council of the City of Chowchilla held a public hearing on February 25, 2025, at which time the Council did receive and consider the recommendation of the City Engineer and did hear any and all objections or protests that were raised pertaining to designating this area an underground utility district.
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 finds and determines that the public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installations of wires and facilities for supplying electric, communication or similar or associated service on all the real property described as:
All that real property in the City of Chowchilla more particularly depicted on the attached Underground Utility District Boundary Map (Exhibit A) and generally described as the intersection of Chowchilla Blvd And Avenue 24 1/2
3. The City Council finds and determines that the undergrounding of utilities is in the general public interest for the reasons that such undergrounding will avoid and eliminate an unusual heavy concentration of overhead distribution facilities, and the streets and/ or roads mentioned in the description attached hereto are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic.
4. The area described above is hereby established as an underground utility district and designated as City of Chowchilla Underground Utility District No. 5. The Underground Utility District Boundary Map is attached hereto as Exhibit A and incorporated herein as a part of this Resolution.
5. All cost associated with undergrounding of the Overhead Utilities within the street right-of-way shall be paid by utility companies. The utility companies will pay for up to 100 feet of each customer’s underground electrical service outside of the street right-of-way. The utilities will pay for all necessary electrical meter panel hookups. Measurements indicate there will be no cost, except that landscaping may be disturbed.
6. That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in Underground Utility District and that as each phase of the project is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified by first class letter, postage pre-paid, of the schedule for conversion of all utility service lines.
7. The electric utility shall use the underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission for the purpose of providing to each premises requiring it in Underground Utility District No. 5 a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required) and each other serving utility shall provide service trenching and conductor in accordance with its rules and tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City of Chowchilla.
8. The electric utility shall use said underground conversion allowance allocation, up to a maximum amount of $1500 per service entrance excluding permit fees, for the conversion of electric service panels to accept underground service in the Underground Utility District No. 5, and each property owner shall be financially responsible for any and all costs not covered by the electric utility for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served, and
9. That upon notification as specified, the City of Chowchilla, as the owner of Underground Utility District No. 5,, whether identified at this time or not, shall have underground electrical entrance facilities installed and inspected pursuant to the City of Chowchilla Electrical Code within sixty (60) days and that should any property owner fail to install satisfactory underground electrical entrance facilities by the date specified in the notice, the electric utility shall notify the City Engineer who shall, within thirty (30) days direct the electric utility in writing to discontinue electrical service to the property, without recourse, pursuant to Rule 11 until electrical entrance facilities are ready to accept underground electrical conductors and have passed the necessary inspection requirements, and
10. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in Underground Utility District No. 5, by July 1, 2027.
11. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of February, 2025 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
COUNCIL RESOLUTION # XX-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA MAKING
FINDINGS OF PUBLIC NECESSITY, HEALTH, SAFETY, AND WELFARE AND ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 5 IN DESIGNATED REAL PROPERTY ON ROBERTSON BOULEVARD AND S. MONTGOMERY LAKE WAY
WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and
WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground; and
WHEREAS, the City of Chowchilla, has adopted an ordinance (Chowchilla Municipal Code Title 12, Chapter 12.20) authorizing the City Council to designate areas for the designation of Underground Utility Districts within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, the City Engineer of the City of Chowchilla has consulted with the Pacific, Gas & Electric Company (PG&E) and PG&E has agreed that the proposed underground conversion district, designated the Underground Utility District No. 5 and more particularly described in Exhibit A attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC; to wit,
that such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities, and
that the street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic,
and that the street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic,
WHEREAS, the City Engineer of the City of Chowchilla will, as necessary, also consult with other affected public utilities for the purposes of ensuring such utilities agree that the proposed underground conversion district, designated the Underground Utility District No. 5 and more particularly described in Exhibit A attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC; and
WHEREAS, each year the City of Chowchilla is notified by PG&E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations; and WHEREAS, the City of Chowchilla and the affected utilities have agreed by letter that each utility shall complete the engineering of their respective portion of the Underground Utility District No. 5 Overhead to Underground Utility Conversion Project; and WHEREAS, the City of Chowchilla and the affected utilities have agreed by letter that PG&E shall be responsible for preparation of the trench profile and composite drawings and that PG&E shall be designated as “trench lead” to manage trenching, installation of substructures, and pavement restoration and such other work; and
WHEREAS the City Engineer of the City of Chowchilla and the affected utilities have agreed on a work schedule which meets their respective capabilities and further agreed to waive any administrative fees, costs or special street restoration requirements for purposes of this project; and WHEREAS, to the extent required, the City of Chowchilla has agreed to provide easements or rights of way on private property as may be necessary for installation of utility facilities in a form satisfactory to the affected utilities; and WHEREAS, the City Council of the City of Chowchilla has now received the report from the City Engineer recommending that the area identified in Exhibit A should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and
WHEREAS, upon the recommendation of the City Engineer, the City Council of the City of Chowchilla has determined that the proposed Underground Utility District No. 5 is categorically exempt from environmental review pursuant to the California Environmental Quality Act, and WHEREAS, the City of Chowchilla has as the owner of the affected property within the proposed Underground Utility District No. 5 has actual notice of the public hearing; and
WHEREAS, the City Council of the City of Chowchilla held a public hearing on February 25, 2025, at which time the Council did receive and consider the recommendation of the City Engineer and did hear any and all objections or protests that were raised pertaining to designating this area an underground utility district.
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 finds and determines that the public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installations of wires and facilities for supplying electric, communication or similar or associated service on all the real property described as:
All that real property in the City of Chowchilla more particularly depicted on the attached Underground Utility District Boundary Map (Exhibit A) and generally described as the intersection of Robertson Blvd And S. Montgomery Lake Way
3. The City Council finds and determines that the undergrounding of utilities is in the general public interest for the reasons that such undergrounding will avoid and eliminate an unusual heavy concentration of overhead distribution facilities, and the streets and/ or roads mentioned in the description attached hereto are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic.
4. The area described above is hereby established as an underground utility district and designated as City of Chowchilla Underground Utility District No. 5. The Underground Utility District Boundary Map is attached hereto as Exhibit A and incorporated herein as a part of this Resolution.
5. All cost associated with undergrounding of the Overhead Utilities within the street right-of-way shall be paid by utility companies. The utility companies will pay for up to 100 feet of each customer’s underground electrical service outside of the street right-of-way. The utilities will pay for all necessary electrical meter panel hookups. Measurements indicate there will be no cost, except that landscaping may be disturbed.
6. That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in Underground Utility District and that as each phase of the project is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified by first class letter, postage pre-paid, of the schedule for conversion of all utility service lines.
7. The electric utility shall use the underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission for the purpose of providing to each premises requiring it in Underground Utility District No. 5 a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required) and each other serving utility shall provide service trenching and conductor in accordance with its rules and tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City of Chowchilla.
8. The electric utility shall use said underground conversion allowance allocation, up to a maximum amount of $1500 per service entrance excluding permit fees, for the conversion of electric service panels to accept underground service in the Underground Utility District No. 5, and each property owner shall be financially responsible for any and all costs not covered by the electric utility for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served, and
9. That upon notification as specified, the City of Chowchilla, as the owner of Underground Utility District No. 5,, whether identified at this time or not, shall have underground electrical entrance facilities installed and inspected pursuant to the City of Chowchilla Electrical Code within sixty (60) days and that should any property owner fail to install satisfactory underground electrical entrance facilities by the date specified in the notice, the electric utility shall notify the City Engineer who shall, within thirty (30) days direct the electric utility in writing to discontinue electrical service to the property, without recourse, pursuant to Rule 11 until electrical entrance facilities are ready to accept underground electrical conductors and have passed the necessary inspection requirements, and
10. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in Underground Utility District No. 5, by July 1, 2027.
11. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of February, 2025 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
COUNCIL RESOLUTION # XX-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA MAKING
FINDINGS OF PUBLIC NECESSITY, HEALTH, SAFETY, AND WELFARE AND ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 5 IN DESIGNATED REAL PROPERTY ON WASHINGTON
ROAD AND ALVARADO AVENUE
WHEREAS, the California Public Utilities Commission (CPUC) has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and
WHEREAS, pursuant to certain criteria, CPUC rules allow participating cities and counties to establish legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground; and
WHEREAS, the City of Chowchilla, has adopted an ordinance (Chowchilla Municipal Code Title 12, Chapter 12.20) authorizing the City Council to designate areas for the designation of Underground Utility Districts within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, the City Engineer of the City of Chowchilla has consulted with the Pacific, Gas & Electric Company (PG&E) and PG&E has agreed that the proposed underground conversion district, designated the Underground Utility District No. 5 and more particularly described in Exhibit A attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC; to wit,
that such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities, and
that the street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic,
and that the street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic,
WHEREAS, the City Engineer of the City of Chowchilla will, as necessary, also consult with other affected public utilities for the purposes of ensuring such utilities agree that the proposed underground conversion district, designated the Underground Utility District No. 5 and more particularly described in Exhibit A attached hereto and incorporated herein by reference, meets the criteria established by the rules of the CPUC; and
WHEREAS, each year the City of Chowchilla is notified by PG&E regarding the allocation of work credits for conversion of overhead electric distribution lines and facilities to underground, known as Rule 20A allocations; and WHEREAS, the City of Chowchilla and the affected utilities have agreed by letter that each utility shall complete the engineering of their respective portion of the Underground Utility District No. 5 Overhead to Underground Utility Conversion Project; and WHEREAS, the City of Chowchilla and the affected utilities have agreed by letter that PG&E shall be responsible for preparation of the trench profile and composite drawings and that PG&E shall be designated as “trench lead” to manage trenching, installation of substructures, and pavement restoration and such other work; and
WHEREAS the City Engineer of the City of Chowchilla and the affected utilities have agreed on a work schedule which meets their respective capabilities and further agreed to waive any administrative fees, costs or special street restoration requirements for purposes of this project; and WHEREAS, to the extent required, the City of Chowchilla has agreed to provide easements or rights of way on private property as may be necessary for installation of utility facilities in a form satisfactory to the affected utilities; and WHEREAS, the City Council of the City of Chowchilla has now received the report from the City Engineer recommending that the area identified in Exhibit A should be designated as an underground utility district within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services and cable television should be removed and replaced with underground wires and facilities; and
WHEREAS, upon the recommendation of the City Engineer, the City Council of the City of Chowchilla has determined that the proposed Underground Utility District No. 5 is categorically exempt from environmental review pursuant to the California Environmental Quality Act, and WHEREAS, the City of Chowchilla has as the owner of the affected property within the proposed Underground Utility District No. 5 has actual notice of the public hearing; and
WHEREAS, the City Council of the City of Chowchilla held a public hearing on February 25, 2025, at which time the Council did receive and consider the recommendation of the City Engineer and did hear any and all objections or protests that were raised pertaining to designating this area an underground utility district.
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 finds and determines that the public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installations of wires and facilities for supplying electric, communication or similar or associated service on all the real property described as:
All that real property in the City of Chowchilla more particularly depicted on the attached Underground Utility District Boundary Map (Exhibit A) and generally described as the intersection of Washington Rd And Alvarado Ave
3. The City Council finds and determines that the undergrounding of utilities is in the general public interest for the reasons that such undergrounding will avoid and eliminate an unusual heavy concentration of overhead distribution facilities, and the streets and/ or roads mentioned in the description attached hereto are extensively used by the general public and carry a heavy volume of pedestrian and vehicular traffic.
4. The area described above is hereby established as an underground utility district and designated as City of Chowchilla Underground Utility District No. 5. The Underground Utility District Boundary Map is attached hereto as Exhibit A and incorporated herein as a part of this Resolution.
5. All cost associated with undergrounding of the Overhead Utilities within the street right-of-way shall be paid by utility companies. The utility companies will pay for up to 100 feet of each customer’s underground electrical service outside of the street right-of-way. The utilities will pay for all necessary electrical meter panel hookups. Measurements indicate there will be no cost, except that landscaping may be disturbed.
6. That the utility companies, cable television services and other affected services shall commence work on installation of underground facility installation in Underground Utility District and that as each phase of the project is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified by first class letter, postage pre-paid, of the schedule for conversion of all utility service lines.
7. The electric utility shall use the underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission for the purpose of providing to each premises requiring it in Underground Utility District No. 5 a maximum of one hundred feet of individual electric service trenching and conductor (as well as backfill, paving and conduit, if required) and each other serving utility shall provide service trenching and conductor in accordance with its rules and tariffs on file with the California Public Utilities Commission or as required by its Franchise Agreement with the City of Chowchilla.
8. The electric utility shall use said underground conversion allowance allocation, up to a maximum amount of $1500 per service entrance excluding permit fees, for the conversion of electric service panels to accept underground service in the Underground Utility District No. 5, and each property owner shall be financially responsible for any and all costs not covered by the electric utility for the installation and maintenance of the conduit and termination box located on, under or within any structure on the premises served, and
9. That upon notification as specified, the City of Chowchilla, as the owner of Underground Utility District No. 5,, whether identified at this time or not, shall have underground electrical entrance facilities installed and inspected pursuant to the City of Chowchilla Electrical Code within sixty (60) days and that should any property owner fail to install satisfactory underground electrical entrance facilities by the date specified in the notice, the electric utility shall notify the City Engineer who shall, within thirty (30) days direct the electric utility in writing to discontinue electrical service to the property, without recourse, pursuant to Rule 11 until electrical entrance facilities are ready to accept underground electrical conductors and have passed the necessary inspection requirements, and
10. That once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in Underground Utility District No. 5, by July 1, 2027.
11. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of February, 2025 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk
City Limits
BERENDA
SLOUGH
City Limits
EXHIBIT PGE-1
CITY OF CHOWCHILLA
N
City Limits
City Limits
ASH
SLOUGH
EXHIBIT PGE-2
CITY OF CHOWCHILLA
N
City Limits City Limits
EXHIBIT PGE-3
CITY OF CHOWCHILLA
N
REPORT TO THE CITY COUNCIL
Item 4.2
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 25, 2025
AGENDA SECTION: Public Hearing
SUBJECT:
PREPARED BY:
Introduction and Waiving First Reading of an Amendment to Chapter 18 - Zoning of the Chowchilla Municipal Code Relating to Text Amendment #24- 0762 Housing Element HE – 2 (I) – Lower Income Opportunities and the Accompanied Notice of Exemption
Annalisa Perea, AICP, Contract City Planner
ATTACHMENTS: 1. Ordinance
2. Notice of Exemption
3. Public Hearing Notice
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY DIRECTOR ☒ PLANNING COMMISSION RECOMMENDATION:
At their February 19, 2025 meeting, the Planning Commission voted 4-0 with 1 abstention, to adopt a resolution recommending that the City Council approve Zone Text Amendment (ZTA) #24-0762 Housing Element Program HE-2(l) - Lower Income Opportunities and the accompanying Notice of Exemption.
BACKGROUND:
The City of Chowchilla’s 6th cycle Housing Element was adopted by the City Council on September 10, 2024 and subsequently certified by the California Department of Housing & Community Development. As part of that certification, the City was required to complete certain code amendments in accordance with the Housing Element Programs contained in the 2024-2032 Housing Element Update. The first Housing Element program coming before the Planning Commission for consideration is Housing Element Program HE-2(l) - Lower Income Opportunities. The purpose of ZTA #24-0762 is to implement HE-2(l), (Government Code Section 65583.2(c)). The goal of this program would be to increase housing opportunities for lower income households.
To achieve this, the following code section is proposed to be added:
Chapter 18.94 HOUSING ELEMENT SITES
18.94.010 Purpose
The purpose of this chapter is to create procedures to implement State Housing Element Law related to sites that are identified by the Housing Element of the General Plan and its associated implementation programs.
18.94.020 Applicability
These regulations shall apply to the Sites Inventory and Prior Housing Element Sites identified in the most recently adopted Housing Element.
18.94.030 Definitions
For the purposes of this chapter, the following words and phrases are defined as follows.
A. “Housing Development Project” has the same meaning as defined in paragraph (3) of subdivision (b) of California Government Code Section 65905.5.
B. “Housing Element Sites” means sites listed on the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of the California Government Code Section 65583 that exists in the adopted Housing Element.
C. “Lower Income Households” has the same meaning as defined in Health and Safety Code Section 50079.5.
D. “Ministerial Approval” means a process for development approval to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i).
E. “Prior Housing Element Sites” means Housing Element Sites identified as meeting the criteria for a prior housing element site in the most recently adopted Housing Element, including non-vacant sites that were identified in the prior Housing Element and vacant sites that were identified in the prior two Housing Elements.
18.94.040 Approval Requirements
A. Prior Housing Element Sites. If a Housing Development Project is proposed on a Prior Housing Element Site and at least twenty percent of the project’s units will be made affordable and available to Lower Income Households, then the project shall be subject to ministerial approval pursuant to California Government Code Section 65583.2(i) and thus not subject to CEQA. Projects will be reviewed against the requirements in municipal code, general plan specific plans, and any applicable objective design standards. No discretionary conditions will be administered, and the project will not be subject to appeal before a discretionary body. The interpretation of objective requirements may be appealed by the applicant to the appropriate decision making body.
GENERAL PLAN/ZONING ANALYSIS
The Housing Element is one of nine mandated elements within the General Plan. This proposed zone text amendment will satisfy one of the implementation items contained within the City’s 6th Cycle Housing Element.
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.” The proposed implementation item of the Housing Element does include changes to the zoning code to bring it into conformance with state law and to promote more affordable housing in the city, but nothing in the proposed changes would alter the existing development potential of the City as expressed in the General Plan.
CITY COUNCIL FINDINGS
The City Council, before granting an Ordinance Text Amendment, must make all the following findings (CMC 18.86.030):
1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and this title;
The proposed Ordinance Text Amendment is consistent with the City’s goals, objectives, and policies of the General Plan.
2. The amendment would not be detrimental to the public health, safety, or welfare of the community;
The proposed Ordinance Text Amendment would implement the City’s Housing Element.
These would not be detrimental to the public health, safety, or welfare of the community.
3. The amendment would maintain the appropriate balance of land uses within the city; The proposed Ordinance Text Amendment does not include any map amendments, therefore, there would be no impact to the balancing of land uses.
4. The anticipated land uses on the subject site would be compatible with existing and future surrounding uses.
The proposed Ordinance Text Amendment does not include any map amendments, therefore, there would be no compatibility impacts to existing or future surrounding land uses.
FISCAL IMPACT:
None.
ALTERNATIVES:
The City Council can vote to deny ZTA #24-0762 and the accompanied Notice of Exemption.
ACTIONS FOLLOWING APPROVAL:
If approved, staff will bring back the item at the next City Council meeting for 2nd reading and adoption.
CITY COUNCIL ORDINANCE NO. 524-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA, ADDING CHAPTER 18.94 – HOUSING ELEMENT SITES, WITH THE FINDINGS.
WHEREAS, State of California Housing Element law was enacted in 1969 and requires jurisdictions to prepare and adopt a Housing Element as part of its respective General Plan; and, WHERAS, the purpose of the Housing Element is to identify the community's housing needs, to state the community’s goals and objectives with regard to housing production, rehabilitation, and conservation to meet those needs, and to define the policies and programs that the community will implement to achieve the stated goals and objectives; and, WHEREAS, the Housing Element is one of nine state mandated elements that every general plan must contain; and,
WHEREAS, the Housing Element Update was sent to the Department of Housing and Community Development for review and upon completion of review, it was determined that the document substantially complies with State Housing Element Law and was therefore certified; and, WHEREAS, as part of that certification, the City was required to complete certain code amendments in accordance with the Housing Programs contained in the 2024-2032 Housing Element Update; and,
WHEREAS, the first Housing Element program coming before the Planning Commission for consideration is Housing Program HE-2(l), which would allow residential developments where at least 20% of the units are affordable to lower-income households by-right and without discretionary action on sites that were identified in prior planning periods (Government Code Section 65583.2(c)); and, WHEREAS, the goal of this program would be to increase housing opportunities for lower income households; and,
WHEREAS, the Community and Economic Development Department prepared a notice of exemption for this item in compliance with CEQA Guidelines; and, WHEREAS, the City Council conducted a duly noticed public hearing to review this proposal; and, WHEREAS, the City Council has carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing; and WHEREAS, the City Council was able to make all of the findings required to be made as identified in section 18.86.030 of the City’s Municipal Code in order to grant an amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHOWCHILLA DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 18.94 of Title 18 of the Municipal Code of the City of Chowchilla is hereby amended to add the following:
Chapter 18.94 HOUSING ELEMENT SITES
18.94.010 Purpose
The purpose of this chapter is to create procedures to implement State Housing Element Law related to sites that are identified by the Housing Element of the General Plan and its associated implementation programs.
18.94.020 Applicability
These regulations shall apply to the Sites Inventory and Prior Housing Element Sites identified in the most recently adopted Housing Element.
18.94.030 Definitions
For the purposes of this chapter, the following words and phrases are defined as follows.
A. “Housing Development Project” has the same meaning as defined in paragraph (3) of subdivision (b) of California Government Code Section 65905.5.
B. “Housing Element Sites” means sites listed on the inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of the California Government Code Section 65583 that exists in the adopted Housing Element.
C. “Lower Income Households” has the same meaning as defined in Health and Safety Code Section 50079.5.
D. “Ministerial Approval” means a process for development approval to approve a “use by right” as this term is defined in California Government Code Section 65583.2(i).
E. “Prior Housing Element Sites” means Housing Element Sites identified as meeting the criteria for a prior housing element site in the most recently adopted Housing Element, including non-vacant sites that were identified in the prior Housing Element and vacant sites that were identified in the prior two Housing Elements.
18.94.040 Approval Requirements
B. Prior Housing Element Sites. If a Housing Development Project is proposed on a Prior Housing Element Site and at least twenty percent of the project’s units will be made affordable and available to Lower Income Households, then the project shall be subject to ministerial approval pursuant to California Government Code Section 65583.2(i) and thus not subject to CEQA. Projects will be reviewed against the requirements in municipal code, general plan specific plans, and any applicable objective design standards. No discretionary conditions will be administered, and the project will not be subject to appeal before a discretionary body. The interpretation of objective requirements may be appealed by the applicant to the appropriate decision making body.
Section 2. This Ordinance shall go into effect and be in full force from and after thirty (30) days after its final passage and adoption.
PASSED, APPROVED, and ADOPTED this _____ day of _________________, 2025 ________________________________
Kelly Smith, Mayor
________________________________
Joann McClendon, City Clerk
APPROVED AS TO FORM:
________________________________
Mary Lerner, City Attorney
I, Joann McClendon, City Clerk of the City of Chowchilla, California, do hereby certify that the foregoing Ordinance number _________ was duly introduced for first reading on February 25, 2025 and regularly adopted at a regular meeting of the City Council of the City of Chowchilla on March 11, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Chowchilla on this ____ day of ________________, 2025. ________________________________
Joann McClendon, City Clerk
SEAL
ATTACHMENT 2 – Notice of Exemption
ATTACHMENT 3 – Public Hearing Notice
NOTICE OF A PUBLIC HEARING
Chapter 18 Housing Element Sites Zone Text Amendment & Notice of Exemption Citywide, Chowchilla, CA 93610
Notice is hereby given that the Planning Commission and the City Council of the City of Chowchilla, California, will hold public hearings to consider a Zone Text Amendment to Chapter 18 of the City’s Municipal Code, to address Housing Element Program HE-2(l). This is a city-initiated text amendment and will be accompanied by a Notice of Exemption in compliance with CEQA Guidelines.
Planning Commission: Wednesday, February 19, 2025 at 5:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza.
City Council: Tuesday, February 25, 2025 at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza.
All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposedactions listed above. This meeting will be open to the public andavailable to watch and participate remotely through Zoom. Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA93610, and to the attention of the Planning Department, Director of Community and Economic Development. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the approval body at, or prior to, the Public Hearing.
Annalisa Perea, AICP
Community & Economic Development Department
(559) 665-8615 ext. 400 | [email protected]
REPORT TO THE CITY COUNCIL
Item 4.3
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 25, 2025
AGENDA SECTION: Public Hearing
SUBJECT: Consideration of Resolution to approve the Rancho Calera Block 3 Tentative Subdivision Map #24-0112 and the accompanied Notice of Exemption PREPARED BY: Annalisa Perea, AICP, Contract City Planner ATTACHMENTS: 1. Resolution
2. Conditions of Approval
3. Vicinity Map and Tentative Subdivision Map #24-0112
4. Notice of Exemption
5. Public Hearing Notice
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY DIRECTOR ☐ PLANNING COMMISSION RECOMMENDATION:
At their February 19, 2025 meeting, the Planning Commission voted 5-0 to adopt a resolution recommending that the City Council approve the Rancho Calera Block 3 Tentative Subdivision Map #24- 0112 and the accompanied Notice of Exemption.
BACKGROUND:
Pembrook Development has submitted a Tentative Subdivision Map (TSM) within the City of Chowchilla (City) on approximately 82 acres (APN: 002-270-004) proposing to subdivide the parcel into 82 residential lots and 5 outlots. The development area consists of approximately 21 acres with 61 acres being designated as a remainder. The parcels will range in size from approximately 5,000 square feet to 7,700 square feet. The subdivision is adjacent to East Robertson Boulevard (Avenue 26), but will take main access from South Lake Tahoe Drive. Genoa Lake Way and South Lake Tahoe Drive are adjacent to the eastern and norther boundary of the project site and are planned to be developed as arterials (Attachment 3).
The project is within the Rancho Calera Specific Plan and surrounded by vacant land that is planned for residential uses to the north and east. To the west is vacant land planned for commercial uses. South is East Robertson Boulevard.
The Project was routed to internal city departments as well as external agencies, including the Chowchilla Elementary and High School Districts, the Chowchilla Water District, and Caltrans. The developed conditions of approval (Attachment 2) were derived based on the analysis completed by each of these departments and agencies.
GENERAL PLAN/ZONING ANALYSIS
The Project site is zoned Residential Medium Density. It has a conforming General Plan designation of Medium Density Residential. The proposed Project is consistent with both the zoning and General Plan designations for this site.
ENVIRONMENTAL REVIEW ANALYSIS:
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000 et seq.). The proposed project is consistent with the adopted Rancho Calera Specific Plan, for which an EIR was adopted by City Council on April 8, 2011 (State Clearinghouse No.2009022007) and a Mitigated Negative Declaration was adopted by the City Council on December 9, 2021 (State Clearinghouse No. 2021100453), and no special circumstances or potential new impacts related to the Project has been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed. Therefore, a Notice of Exemption (Attachment 4) has been prepared consistent with CEQA Guidelines section 15182 (a)(c) Residential Projects Implementing Specific Plans.
FISCAL IMPACT:
None.
ALTERNATIVES:
The City Council can deny TSM #24-0112 and the accompanied Notice of Exemption.
ACTIONS FOLLOWING APPROVAL:
If approved, the Notice of Exemption will be filed with the Madera County Clerk for CEQA compliance.
COUNCIL RESOLUTION # XX-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, APPROVING TENTATIVE SUBDIVISION MAP #24-0112 FOR BLOCK 3 OF THE RANCHO CALERA
SPECIFIC PLAN ALONG WITH THE NOTICE OF EXEMPTION AS SET FORTH IN THIS
RESOLUTION
WHEREAS, a Tentative Subdivision Map application has been submitted by Pembrook Development to subdivide the parcel into 82 residential lots and 5 outlots on approximately 21 acres; and,
WHEREAS, the City reviewed the submitted Tentative Subdivision Map and determined that the submitted Tentative Subdivision Map complies with the requirements of City Code and the State Subdivision Map Act; and,
WHEREAS, the site is located adjacent and north of East Robertson Boulevard, west of the Genoa Lake Way alignment; and,
WHEREAS, the lots range in size from 5,000 square feet to 7,700 square feet; and, WHEREAS, pursuant to CEQA Guidelines section 15182, a Notice of Exemption has been prepared for this Project since the proposed Block 3 TSM is a residential project that would implement an approved specific plan; and,
WHEREAS, the Project is subject to the adherence to the applicable mitigation measures as part of previously approved CEQA documents, as well as the approved Development Agreement for the Rancho Calera Specific Plan; and,
WHEREAS, adherence to the proposed conditions of approval would eliminate any potential for unintended negative impacts; and,
WHEREAS, at their February 19, 2025 meeting, the Planning Commission voted 5-0 to recommend that the City Council approve this item; and, WHEREAS, this public hearing was duly noticed for the February 25, 2025 City Council meeting; and,
WHEREAS, the City Council has carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing; and, NOW, THEREFORE, the City Council of the City of Chowchilla does hereby resolve to approve Tentative Subdivision Map #24-0112 along with the accompanied CEQA document, and the conditions of approval as set forth in Attachment 2.
PASSED AND ADOPTED by the City Council of the City of Chowchilla at a regular meeting held on the 25th day of February, 2025, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________________
Kelly Smith, Mayor
ATTEST:
________________________________
Joann McClendon, CMC
City Clerk
ATTACHMENT 2 – Conditions of Approval
GENERAL CONDITIONS
1. In consideration of the approval of said project, the Developer agrees to hold harmless the City of Chowchilla and all of its departments, officers, agents, or employees free and harmless of, and from any claims or any kind of nature arising out of or by reason of said use permit, and the development of said project under this conditional use permit by any person, firm or corporation, public or private, and from the cost and expense of defending the same including attorney’s fees.
2. The Applicant shall apply and obtain approval of a building permit prior to any work commencing onsite. Contact the Community & Economic Development Department at 559-665-8615 x410.
3. All construction shall be in accordance with the approved Tentative Subdivision Map.
4. All contractors and sub-contractors must obtain a business license from the City of Chowchilla. Contact the Community & Economic Development Department at 559-665-8615 x410.
5. Prior to issuance of Certificate of Occupancy, the Applicant shall pay any outstanding invoices that have been issued by the City.
6. Prior to issuance of Certificate of Occupancy, the Applicant shall pay all applicable City Impact fees.
Contact the Community & Economic Development Department at 559-665-8615 x400 to coordinate payment. Payment of school impact fees shall be separately and directly coordinated with the Chowchilla Elementary School District and the Chowchilla High School District. The developer shall submit proof of payment prior to issuance of building permits.
7. Prior to issuance of Certificate of Occupancy, the Community and Economic Development Department shall conduct an on-site inspection to verify compliance with all conditions of approval.
PLANNING CONDITIONS
1. The developer shall be responsible for payment of any outstanding invoices prior to recordation of the Final Map for Tentative Subdivision No. 24-0112.
2. The developer would be responsible for coordinating directly with the San Joaquin Valley Air Pollution Control District to determine whether the project would be subject to any district rules or regulations.
3. This project would be subject to, but not necessarily limited to, Rule 9510 (Indirect Source Review) and Regulation VIII (Dust Control), as it’s within the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The developer shall consult with the SJVAPCD to determine what Rules and Regulations would be applicable for this project and shall furnish the City with that determination from the air district.
4. The developer shall adhere to all provisions as set forth in the Development Agreement.
5. Construction hours shall be limited to Monday to Saturday from 7:00 AM to 6:00 PM.
6. If approved, Tentative Subdivision Map No. 24-0112 would remain in effect for the duration established in the development agreement. Any extensions of the Tentative Map life would have to be done in accordance with Section 17.20.130 of the City’s Municipal Code and in accordance with the Rancho Calera Development Agreement.
7. All future residential and commercial development proposals within Rancho Calera shall be subject to separate review and approvals. Said entitlements are to be consistent with the adopted Rancho Calera Specific Plan, Rancho Calera Residential Design Guidelines, Rancho Calera Commercial Design Guidelines, and the Mitigation Monitoring and Reporting Program. To the extent the foregoing are silent on an issue, the applicable provisions of the Chowchilla Municipal Code, the City Standard Specifications, and the State Subdivision Map Act shall control.
8. Prior to the commencement of any work within the City of Chowchilla, the general contractor and all sub-contractors shall obtain a business license from the Community & Economic Development Department and will be required to provide verification of insurance for Worker’s Compensation, General Liability, and Automobile for the construction period of projects in accordance to the City Standard Specifications.
9. Prior to issuance of a Certificate of Occupancy, the City will review these conditions to ensure the Applicant has fully complied with them.
10.The developer shall adhere to all CEQA mitigation measures as listed in the Project’s Mitigation and Monitoring Reporting Program from the Environmental Impact Report prepared for the Project and adopted on May 2, 2011, and the Mitigation and Monitoring Reporting Program from the Mitigated Negative Declaration prepared for the Project and adopted on December 12, 2021, including all conditions of approval previously approved for the Project.
SURVEYING CONDITIONS
1. The developer shall have a final subdivision map prepared, in the form prescribed by the Subdivision Map Act and City of Chowchilla Municipal Code for final subdivision maps in Sections 17.24.010 through 17.24.240, by a registered civil engineer licensed to perform land surveying or licensed land surveyor. The site shall be developed consistent with the approved Tentative Subdivision Map 2024- 0112 and its conditions per attached Exhibit A. The final subdivision map shall be submitted to the City of Chowchilla, and shall include, but not be limited to, final subdivision map, drawn at a scale of not less than 1"=100', the current filing fee, math closure calculations for lot subdivision, individual lots and street centerlines, current preliminary title report (dated within 90 days of submittal) with all documents referenced within the report to be provided, and legal descriptions and drawings of any required dedications. Upon approval of the final subdivision map, the developer shall submit one (1) reproducible/electronic copy (PDF) to the City Engineer.
2. The City shall approve all street names prior to the recordation of final subdivision map, currently they are named: Public Street A, B, C, D, E and F.
3. The developer shall dedicate a 10’ public utility easement along all streets and all other locations requested by utility companies on the final subdivision map. Alternate widths must be approved in writing by all utility companies and a copy of said written approval shall be submitted to the City Engineer.
4. If an Outlot is intended for public use is being dedicated by the final map, it shall be properly designated on the map and set out in the owner’s certificate of dedication on the map and approved by the City of Chowchilla in accordance with the Subdivision Map Act 66439. Currently there are 5 Outlots shown on the approved Tentative Subdivision Map 2024-0112.
5. Show public access restriction for south right of way line of Public Street C along the north line of Ease Robertson Boulevard.
6. The developer shall install monuments at all property corners, section corners, quarter section corners, all street centerline intersection points, angle points, and beginning of curves and end of curves on streets adjacent to or within the development. Any existing section corner or property corner monuments damaged or destroyed by the development shall be reset to the satisfaction of the City Engineer. A licensed land surveyor or civil engineer licensed to perform land surveying shall certify the placement of all required monumentation prior to final acceptance.
7. Within five days after the final setting of all monuments has been completed, the engineer or surveyor shall give written notice to the City Engineer that the final monuments have been set. Upon payment to the engineer or surveyor for setting the final monuments, the developer shall present to the City Engineer evidence of the payment and receipt thereof by the engineer or surveyor.
ENGINEERING CONDITIONS
1. Within twenty (20) calendar days after all improvements have been constructed and approved by the City, the Applicant shall submit to the City of Chowchilla Engineering Division one PDF file on CD and one black and white copy of the approved set of construction plans revised to reflect all field revisions and marked "AS-GRADED/AS-BUILT".
2. The Applicant shall comply with and be responsible for obtaining encroachment permits from the City of Chowchilla for all work performed within the City's right-of-way.
3. The Applicant shall install all off-site improvements in accordance with the City of Chowchilla standards and specifications, and requirements set forth by the City Engineer, for those portions within the City’s right-of-way.
4. The Applicant shall be responsible for all actions of his/her contractors and subcontractors during the course of any work occurring on the site. The Applicant shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the Applicant. Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the development. During periods when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work which may be required. When the Applicant or his authorized representative is not present on any particular part of the work where it may be desired to give directions, orders may be given by the City Engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given. Whenever orders are given to the Applicant’s representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the Applicant’s expense.
5. The developer shall comply with all the requirements of the local utility (gas and electric), telephone, cable, and other communication companies. It shall be the responsibility of the developer to notify the local utility, telephone, cable, and other communication companies to remove or relocate utility poles where necessary. The City will not accept first submittal of improvement plans without proof that the developer has provided the improvement plans and documents showing all proposed work to the utility, telephone, cable, and other communication companies.
6. The developer shall submit a soils report for approval by the City Engineer with the first submittal of the improvement plans.
7. During the site construction, any public streets fronting the project shall be kept clear of any construction or landscaping debris and shall not be used as a storage area for equipment, materials, or other items.
8. The developer shall take all responsibility for his contractors and shall not allow them to work on, place debris on, store supplies or equipment on, or in any other way encroach upon any other properties without the written permission of such property owners. In the event other properties are encroached upon without written permission, work shall be automatically shut down until resolved.
9. The developer shall install streetlights on metal poles in accordance with City Standards at the locations designated by the City Engineer. Streetlight locations shall be shown on the utility plans submitted with the final map for approval. Streetlights at traffic signal locations shall be installed on approved traffic signal poles. Street lights shall be owned and maintained by City of Chowchilla. Developer shall prepare a streetlighting plan for approval by the City Engineer.
10.The developer shall install fire hydrants along the streets in accordance with City Standards at the locations designated by the Fire Chief and City Engineer. Fire hydrant locations shall be shown on the utility plans submitted with the final map for approval. Fire hydrants shall be owned and maintained by City of Chowchilla. Developer shall prepare a fire hydrant location plan for approval by the Fire Chief and City Engineer.
11.The developer shall, at his expense, obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests. These designs shall be compared to the minimum section given below and approved by the City Engineer.
Street Designation Minimum Section
Residential Street/Industrial Street 3” HMA/6” CLII AB/6” CNS Major Arterial Street 3” HMA/6” CLII AB/6” CNS
12.All knuckles and cul-de-sacs shall be designed in accordance with City Standards.
13.The Applicant shall construct concrete curb and gutter per City of Chowchilla Standard Drawing ST10.
14.Install Temporary Timber Barricade per City of Chowchilla Standards ST-19 at the end of Genoa Lake Way.
15.The Applicant shall construct ADA concrete improvements which include sidewalk, curb ramps and driveways per City of Chowchilla Standards ST 11-15.
Grading and Drainage
16.Prior to issuance of grading or building permits, the Applicant shall submit an approved copy of (1) the approved Storm Water Pollution Prevention Plan (SWPPP), and (2) the Notice of Intent (NOI) to comply with the General National Pollutant Discharge Elimination System (NPDES) from the Central Valley Regional Water Quality Control Board. The requirements of the SWPPP and the NPDES shall be incorporated into the design specifications and construction contracts.
17. Any onsite drainage collection system shall be designed to accommodate a 10-year, 24-hour storm event.
Water
18.The Applicant shall install domestic water service(s) and landscape irrigation service(s) per City of Chowchilla Standard Drawing W-1. Domestic water service(s) shall be separate from landscape irrigation service(s). RP backflow devices shall be installed on all water services per City of Chowchilla Standard Drawing W-26.
19.The Applicant shall install fire service per City of Chowchilla Standard Drawing W-27 and W-28 and Fire Department requirements.
20.The Applicant shall install fire hydrant(s) as necessary such that travel distance from hydrant is no more than 150 ft. maximum. Onsite fire hydrants shall be private, and no easement is required. Fire hydrants shall be installed per City of Chowchilla Standard Drawing W-2.
21.No water service connection shall be made to the City of Chowchilla Water System until a bacteriological test report has been accepted by the City Engineer.
Sewer
22.Sewer service shall be provided from the 18” sewer main on East Robertson Blvd. Install sewer service(s) to the proposed development per City of Chowchilla Standards. Trench Backfill & Surface Replacement at tie in shall conform to City Standard Drawing M-11. All on-site sewer mains shall be private.
Landscape and Lighting
23.The City of Chowchilla has adopted Development Impact Fees for a number of City facilities including public safety, parks, water, sewer, drainage, streets and signalization, and other public facilities. The City of Chowchilla formed a Community Facilities District 2006-1 to which this Project is required to annex. The CFD provides for financing Development Impact Fees for sewer, water, roads, and drainage. The CFD also provides a Service Tax for public safety and parks and recreation. As an alternative to Annexing into CFD 2006-1, the Project may become part of a separate CFD provided it includes a Service Tax for public safety, landscape maintenance and recreation.
Miscellaneous
24.It shall be the responsibility of the developer to remove all existing structures, trees, shrubs, etc., that are within or encroaching on existing or proposed rights-of-way or easements. Existing street improvements shall be preserved, at the discretion of the City Engineer.
25.A deferment, modification, or waiver of any engineering conditions will require the express written approval of the City Engineer.
26.The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.
27.This subdivision shall comply with all conditions set aside in the Development Agreement by and between the City of Chowchilla and Rancho Calera, LLC, relative to the Development known as Rancho Calera dated 11/22/2021.
ATTACHMENT 3 – Vicinity Map and Tentative Subdivision Map #24-0112
ATTACHMENT 4 – Notice of Exemption
ATTACHMENT 5 – Public Hearing Notice
NOTICE OF A PUBLIC HEARING
Rancho Calera Block 3 Tentative Subdivision Map
#24-0112
& Notice of Exemption
APN 014-270-004, Chowchilla, CA 93610
Notice is hereby given that the Planning Commission and the City Council of the City of Chowchilla, California, will hold public hearings to consider Application No. 24-0112, a request by Pembrook Development seeking approval of an 82-lot subdivision, including 5 outlots at APN 001-270-004 & the accompanied Notice of Exemption in compliance with CEQA Guidelines.
Planning Commission: Wednesday, February 19, 2025 at 5:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza.
City Council: Tuesday, February 25, 2025 at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza.
All interested persons are invited to appear at the time and place specified above to give verbal testimony regarding the proposed actions listed above. This meeting will be open to the public and available to watch and participate remotely through Zoom. Written comments may be forwarded to the City of Chowchilla, Community Development Department, 130 South Second Street, Chowchilla, CA 93610, and to the attention of the Planning Department, Director of Community and Economic Development. If you challenge the above matter in court, you may be limited to raising only those issues which you or someone else raised at the Public Hearing, or in written correspondence delivered to the approval body at, or prior to, the Public Hearing.
Annalisa Perea, AICP
Community & Economic Development Department
(559) 665-8615 ext. 400 | [email protected]
REPORT TO THE CITY COUNCIL
Item 6.1
CLICK HERE
TO RETURN TO
THE AGENDA
Meeting of: February 25, 2025
AGENDA SECTION: New Business
SUBJECT: Adopt a Resolution Accepting and Entering into a New Freeway Agreement for the State Route 99/233 Chowchilla Multimodal Interchange Project that Replaces the Previous Agreement Between the County of Madera and the State of California Department of Transportation.
APPROVED BY: Jason Rogers, Public Works Director
ATTACHMENTS: Resolution
REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY FINANCE ☐ RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving the new Freeway Agreement for the State Route 99/233 Project, and authorize the City Administrator, or designee, to sign the same.
BACKGROUND:
The State of California Department of Transportation (Caltrans) District 6, with the cooperation of the City of Madera (City) and the Madera County Transportation Commission (MCTC), proposes to reconstruct the existing State Route (SR) 99/233 Interchange. This project will provide multimodal transportation improvements to enhance accessibility and connectivity of the local transportation network. The Project will widen SR 233 and construct a new parallel overcrossing at SR 99 to carry eastbound traffic and a 10- foot Class I shared path. The Project will construct two multi-lane roundabouts at the northbound and southbound on-ramp and off-ramp termini. Sidewalks, crosswalks, and lighting will also be built. The Project components work together to enhance safety, accessibility, and connectivity to local businesses and services by removing barriers to east-west pedestrian and bicycle movements and improving local circulation.
REASON FOR RECOMMENDATION:
The State of California Department of Transportation (Caltrans) is in the design phase of the SR 99/233 Chowchilla Multimodal Interchange Project (Project) to make improvements along SR 99 and SR 233 interchange, and other streets within the City limits. Caltrans and the County of Madera previously entered into a Freeway Agreement on July 10, 1979, relating to that portion of State Highway 99 currently within City limits from 0.3 south of Avenue 24/Robertson Blvd to 0.3 north of State Highway Route 233.
Caltrans is proposing a new Freeway Agreement, to replace the existing agreement signed on July 10, 1979, in order to carry out highway and road improvements as part of the Project. The new Freeway Agreement would require the closing of City streets, relocation of City streets, construction of frontage and local roads, and other construction affecting City streets.
Once improvements are completed, the City will accept control and maintenance over each of the relocated or reconstructed City streets, any frontage roads, and other local streets constructed as part of the project. .
FISCAL IMPACT:
No fiscal impact at this time. Separate cooperate agreement(s) between Caltrans and the City for funding of the construction project will be created at a future date.
ALTERNATIVES:
Not adopt resolution. In this case, the project will not be able to move forward.
ACTIONS FOLLOWING APPROVAL:
City Administrator will sign the agreement with Caltrans.
COUNCIL RESOLUTION # XX-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA
APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE STATE ROUTE 99/233 CHOWCHILLA MULTIMODAL INTERCHANGE PROJECT WHEREAS, the highway described above has been declared to be a freeway by Resolution of the California Highway Commission on November 17, 1952 and March 23, 1955; and WHEREAS, STATE and the County of Madera have entered into a Freeway Agreement dated July 10, 1979, relating to that portion of State Highway Route 99 from 0.3 south of Avenue 24 to 0.3 north of State Highway Route 233; and
WHEREAS, the CITY has subsequently annexed certain areas including portion of such freeway covered by said Freeway Agreement dated July 10, 1979, with the County of Madera; WHEREAS, a revised plan map for such freeway has been prepared showing the proposed plan of the STATE as it affects roads of the CITY; and
WHEREAS, the Council has previously announced its support for the State Route 99/233 Project; and
WHEREAS; a new Freeway Agreement is now needed for the approved realigned State Highway Route 99 in the City of Chowchilla and which supersedes the 1979 Freeway Agreement with the County of Madera; and
WHEREAS, it is the mutual desire of the parties hereto to enter into a new Freeway Agreement in accordance with the revised plan of said freeway; and
WHEREAS, This Agreement may be modified at any time by the mutual consent of the parties hereto, as needed to best accomplish, through STATE and CITY cooperation, the completion of the whole freeway project for the benefit of the people of the STATE and of the CITY.
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 hereby approve agreement by and between the City of Chowchilla and the State of California, Department of Transportation, for the State Route 99/120 project.
3. Authorize the City Administrator, or designee, to sign the new Freeway Agreement.
4. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 25th day of February, 2025 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Kelly Smith
ATTEST:
Joann McClendon, CMC
City Clerk