Agenda — Chowchilla City Council, June 9, 2026 (part 1 of 2)

AGENDA
City Council/ Redevelopment Successor Agency
Joint Meeting Council Chamber, Chowchilla City Hall
130 S. 2nd Street, Chowchilla, CA 93610
Tuesday, June 9, 2026
Closed Session: 3:00 p.m. | Open Session: 4:00 p.m.

Agendas for all City Council meetings are posted at least 72 hours prior to the meeting in the kiosk just outside of City Hall, 130 S. Second St., Chowchilla, CA 93610.

The City of Chowchilla complies with the Americans with Disabilities Act (ADA of 1990). The Council Chambers is accessible to the physically disabled. If you need special assistance, please call (559) 665- 8615, ext. 102, at least four days prior to a regular meeting and one 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: Ray Barragan
Council Members: Waseem Ahmed, John Chavez, Jeff Troost City staff and contract employees present will be recorded in the minutes. • CONSIDERATION OF APPROVAL OF AGENDA Additions and/or Deletions:

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

CLOSED SESSION – 3:00 PM

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

PLEDGE OF ALLEGIANCE
INVOCATION:

City Council Meeting AGENDA June 9, 2026
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 5 of this agenda packet.

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

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

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc

2.2 STAFF VERBAL REPORTS
CONSENT CALENDAR – Section 3
All items listed under Consent Calendar are considered to be routine and will be enacted by one motion.

For discussion of any Consent Item, it will be made a part of the Regular Agenda at the request of any member of the City Council or any person in the audience.

3.1 Approval of the May 26, 2026 Regular City Council Meeting Minutes (McClendon)

3.2 Consideration and Acceptance of the May 2026 Check Register Report (Seeto)

3.3 Consideration and Adoption of a City Council Resolution Approving the Modified Lease Agreement with Madera County for the Property Located at 145 Robertson Boulevard in Chowchilla, and Authorizing the City Administrator to Sign the Third Amendment to the Lease Agreement (Pruett)

3.4 Consideration and Adoption of a City Council Resolution Approving Applications for Transportation Development Act Funds for Fiscal Year 2026/2027, and Authorizing the City Administrator or Designee to Execute and Submit Applications to the Madera County Transportation Commission (Annual TDA Application) (McClendon) PUBLIC HEARINGS – Section 4

4.1 a) Consideration and Adoption of a City Council Resolution Approving General Plan Amendment 25-0806; and
b) Introduction and First Reading of an Ordinance Approving Zoning Map Amendment No. ZOA 25-0805 Amending the Official Zoning Map of the City of Chowchilla for Certain Properties Citywide; and
c) Introduction and First Reading of an Ordinance Approving Zoning Ordinance Amendment No. ZOA 25-0806 for Site 10, Amending the Official Zoning Map to Rezone APN 014-020-031 from High Density Residential (HDR) to Service Commercial (SC), Subject to Condition Ensuring Compliance with Government Code Section 65863 (Munoz)
City Council Meeting AGENDA June 9, 2026

4.2 a) Consideration and Adoption of a City Council Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program Under the California Environmental Quality Act and the Submittal of Annexation Application for Approximately 45.06 Acres Located on Robertson Boulevard and Road 15 (APNs 026- 233-007, -008, -009, and -010); and;
b) Introduction and First Reading, with Option to Waive the First Reading, of an Ordinance Approving the Pre-Zoning of Approximately 45.06 Acres to High Density Residential (Munoz)

4.3 Consideration and Adoption of a City Council Resolution to Approve Tentative Parcel Map #25-0030 for 705 S 3rd Street and Notice of Exemption in Accordance with the California Environment Quality Act (Munoz)

4.4 Consideration and Adoption of a City Council Resolution Adopting an Addendum to the Previously Adopted Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation monitoring and Reporting Program (MMRP) for the Rancho Calera Block 12 Project; and
Consideration and Adoption of a City Council Resolution Approving General Plan Amendment No. 26-0001 for the Rancho Calera Block 12 Project; and Consideration and Adoption of a City Council Resolution Approving Specific Plan Amendment No. 26-0001 for the Rancho Calera Block 12 Project; and Introduction and First Reading of an Ordinance Approving Zoning Map Amendment No. ZOA 26-0001 for the Rancho Calera Block 12 Project; and Consideration and Adoption of a City Council Resolution Approving Tentative Subdivision Map No. 25-0878 Along with the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program with the Conditions as Set Forth in this Resolution (Munoz)

4.5 Introduction and First Reading of an Ordinance Amending Chowchilla Municipal Code Section 15.12 – Fire Prevention (Gaumnitz)

4.6 Consideration and Adoption of a City Council Resolution to Accept the Public Hearing and Resolution Regarding the Closeout of State Community Development Block Grant (CDBG) Contract for Americans with Disabilities Act (ADA) Sidewalk Improvement Predevelopment (Ensminger)

4.7 Consideration and Adoption of a City Council Resolution to Accept the Public Hearing and Resolution Regarding the Closeout of State Community Block Grant (CDBG) Contract for Kings Avenue Storm Drain Predevelopment (Ensminger) DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution Authorizing the Issuance of Bonds of Community Facilities District No. 2025-2; Authorizing the Execution and Deliver of a Fiscal Agent Agreement, a Bond Purchase Agreement, an Escrow Agreement, and a Continuing Disclosure Certificate; Approving the Form of the Official Statement and the Distribution Thereof; and Authorizing Other Actions Related Thereto (Pruett)
City Council Meeting AGENDA June 9, 2026

6.2 2026/2027 Fiscal Year Budget Workshop Presentation (Seeto) ANNOUNCEMENTS – Section 7
JUNE 12 COMMUNITY PARTY IN THE PARK, VETERANS MEMORIAL PARK, 7PM JUNE 13 MOVIES IN THE PARK #1, ‘ZOOTOPIA’, VETERANS MEMORIAL PARK, SUNSET JUNE 14 BATTLE OF THE BADGES BLOOD DRIVE, 1225 E ROBERTSON, 11AM – 3PM JUNE 17 PLANNING COMMISSION MEETING, COUNCIL CHAMBERS, 5:00PM JUNE 18 LAW ENFORCEMENT TORCH RUN, VETERANS MEMORIAL PARK JUNE 19 MUSIC IN THE PARK #1, JADED, VETERANS MEMORIAL PARK, 7PM JUNE 20 MOVIES IN THE PARK #2, THE LAST RODEO, VETERANS MEMORIAL PARK, SUNSET JUNE 23 CITY COUNCIL MEETING, COUNCIL CHAMBERS, 4PM

ADJOURNMENT
I, Joann McClendon, CMC, City Clerk, do hereby declare under penalty of perjury that the foregoing agenda was posted at Chowchilla City Hall, 130 S 2nd Street, Chowchilla, CA, and made available for public review on this 5th day of June, 2026 at or before 5:00 pm.

June 9, 2026 City Council Meeting |3:00pm Closed Session | 4:00pm Open Session

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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, May 26, 2026
Closed Session: 3:30 p.m. | Open Session: 4:00 p.m.

CALL TO ORDER/ROLL CALL
Mayor: Kelly Smith
Mayor Pro Tem: Ray Barragan
Council Members: Waseem Ahmed, John Chavez (Absent), Jeff Troost City staff and contract employees present: City Administrator Rod Pruett, City Attorney , Police Chief Jeff Palmer, Fire Chief Fred Gaumnitz, Public Works Director Dustin Ensminger, Community & Economic Development Director Denise Munoz, Finance Director Daniel Seeto, Director of Recreation & Community Engagement Stacy Wisener, IT System Administrator Carlos Berrocal, City Clerk Joann McClendon, Deputy City Clerk Vanessa Galvez-Escobar • CONSIDERATION OF APPROVAL OF AGENDA Additions and/or Deletions: None.

PUBLIC ADDRESS – CLOSED SESSION
None.

CLOSED SESSION – 3:30 PM

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: 7.3 +/- Acres, APN 018-231-061 (a portion)
Agency Negotiator: City Administrator Pruett
Negotiating Parties: Dough Thiel
Under Negotiation: Price and/or Terms
OPEN SESSION – 4:00 PM
CLOOSED SESSION REPORT:

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

PUBLIC ADDRESS
No one spoke.

COUNCIL AND STAFF VERBAL REPORTS – Section 2

2.1 COUNCIL VERBAL REPORTS
Legislative, Collaborative Agency, Ad Hoc
City Council Meeting MINUTES May 26, 2026
Council Member Troost reported participating in the Beautify Chowchilla Project on May 16.

Volunteers worked on the Land Company Building, including painting and cleanup efforts.

Expressed appreciation to all who assisted with the project. Also attended the Memorial Day Ceremony at the Chowchilla District Cemetery on May 25 and commented that the event was very well done.

Council Member Ahmed reported attending the Madera County Transportation Commission meeting. He also attended the Memorial Day Ceremony at the cemetery.

Mayor Smith reported participating in the Beautify Chowchilla Project. Assisted with project preparation on the Friday before the painting day, including meeting with Diana Palmer, helping with scraping and other prep work, and arranging for a scissor lift. Thanked participants for transporting the lift and noted that the cleanup efforts avoided an additional cleanup fee.

Commented that approximately 25 to 30 high school students volunteered and that the project was a great success. Also attended a question-and-answer forum with two gubernatorial candidates and found the event informative and helpful.

2.2 STAFF VERBAL REPORTS
Director of Recreation & Community Engagement Wisener reported that staff is preparing for summer programming activities, including Music in the Park, Movies in the Park, and Open Swim. A Block Party is scheduled to kick off Music in the Park on June 12, and Open Swim will begin June 8 in partnership with Chowchilla Union High School. Staff submitted a PG&E grant application to support Movies in the Park and continue work on budget preparations, park projects, and the Beautify Chowchilla Project. Wisener also reported that the IT Department completed cybersecurity reviews, investigated a suspicious email incident, and continued work on the City's website and camera systems.

Police Chief Palmer reported that the Police Department responded to 1,392 calls for service, conducted 604 proactive activities, made 52 arrests, and issued 38 citations since the last Council meeting. He also reminded the public to exercise caution and stop for pedestrians at crosswalks.

Fire Chief Gaumnitz reported that Robert Sanchez has joined the department as a full-time employee and is currently in training. He also announced that Alfonso Montez has joined the department as a volunteer firefighter.

Public Works Director Ensminger reported on emergency repairs to a damaged water main discovered during the airport project. He noted that outdated utility maps complicated repair efforts but staff successfully restored service. Ensminger stated that staff plans to update utility maps and pursue a GIS project to improve infrastructure management and emergency response capabilities.

Community and Economic Development Director Munoz reported on the May 20 Planning Commission meeting and provided updates on local business activity, including the relocation of Enchanted Bridal, the opening of Tyler Badger Chowchilla Feed, and the reopening of California Thrift Shop and Notary. She also noted that budget preparation efforts are ongoing.

CONSENT CALENDAR – Section 3

3.1 Approval of the May 12, 2026 Regular City Council Meeting Minutes (McClendon)

3.2 Consideration and Acceptance of the April 2026 Financials Report (Seeto)

3.3 Consideration and Adoption of a City Council Resolution Accepting Improvements and Authorizing Filing of the Notice of Completion for the Waterline Replacement Project Phase I (Ensminger)
City Council Meeting MINUTES May 26, 2026

3.4 Consideration and Adoption of a City Council Resolution Accepting Improvements and Authorizing Filing of Notices of Completion for the Well No. 15 Development Project, Water Tanks Backup Generators Project, and Civic Center Generator Project (Ensminger)
Motion by Council Member Ahmed, Seconded by Council Member Troost to Approve the Consent Calendar as Amended, pulling item 3.2 from consideration. Motion passed by roll call vote with Council Member Chavez absent.

PUBLIC HEARINGS – Section 4
DEFERRED BUSINESS – Section 5
NEW BUSINESS – Section 6

6.1 Consideration and Adoption of a City Council Resolution Accepting the Grant Deed for APN 014-270-003 and the Conveyance of the Well 16 Site to the City of Chowchilla (Munoz)
Motion by Council Member Troost, Seconded by Mayor Pro Tem Barragan to Approve City Council Resolution #25-26, Accepting the Grant Deed for APN 014-270-003 and the Conveyance of the Well 16 Site to the City of Chowchilla. Motion passed by roll call vote with Council Member Chavez absent.

6.2 Discussion and/or Direction Regarding Consolidation of Park Capital Improvement Plan Projects P-10, P-12, and P-13 at Montgomery Farms Park for State Grant Opportunity (Wisener)
Motion by Council Member Ahmed, Seconded by Mayor Pro Tem Barragan to Approve the Consolidation of Park CIP P-10, -12, & -13 at Montgomery Farms Park for State Grant Opportunity. Motion passed with Council Member Chavez absent.

6.3 Discussion Regarding Soil and Air Quality Testing at and Around Veterans Memorial Park (Ensminger)
No action; verbal report only.

ANNOUNCEMENTS – Section 7
JUNE 8 FIRST DAY OF OPEN SWIM, CUHS SWIMMING POOL, 12:30PM – 4PM JUNE 9 CITY COUNCIL MEETING, COUNCIL CHAMBERS, 4PM
JUNE 12 COMMUNITY PARTY IN THE PARK, VETERANS MEMORIAL PARK, 7PM JUNE 13 MOVIES IN THE PARK, ‘ZOOTOPIA’, VETERANS MEMORIAL PARK, SUNSET JUNE 14 BATTLE OF THE BADGES BLOOD DRIVE, 1225 E ROBERTSON, 11AM – 3PM JUNE 17 PLANNING COMMISSION MEETING, COUNCIL CHAMBERS, 5:00PM

ADJOURNMENT
Mayor Smith Adjourned the May 26, 2026 Regular City Council Meeting at 4:52 p.m.

ATTEST: APPROVED:

Joann McClendon, CMC Mayor Kelly Smith
City Clerk

REPORT TO THE CITY COUNCIL
Item 3.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Consent
SUBJECT: Information Regarding Monthly Invoice Payments PREPARED BY: Daniel Seeto, Finance Director
ATTACHMENTS: Check list report

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

Informational only. The invoices paid are shown in the attached listing of invoices.

BACKGROUND:

Presented this evening is a list of invoices paid in May 2026.

REASON FOR RECOMMENDATION:

Informational item only.

FISCAL IMPACT:

Each item shown on the invoice list includes a description of that item and the amount of the invoice.

ALTERNATIVES:

Not applicable.

ACTIONS FOLLOWING APPROVAL:

None.
6/1/2026 12:22:45 PM Page 1 of 5
Bank Transaction Report
Chowchilla, CA Transaction Detail
Issued Date Range: 05/01/2026 - 05/31/2026
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 200650906 - General Tricounties Bank
05/04/2026 71596 American Fidelity Assurance (Flex) Accounts Payable Outstanding Check -458.32 05/04/2026 71597 Aqua Natural Solutions Accounts Payable Outstanding Check -401.83 05/04/2026 71598 Brown's Dock & Door, Inc Accounts Payable Outstanding Check -500.00 05/04/2026 71599 BSK Associates Accounts Payable Outstanding Check -818.52 05/04/2026 71600 California Highway Patrol Accounts Payable Outstanding Check -100.00 05/04/2026 71601 Central SJVRMA Accounts Payable Outstanding Check -169,968.00 05/04/2026 71602 City of Fresno Accounts Payable Outstanding Check -1,246.00 05/04/2026 71603 Cop Ware Inc. Accounts Payable Outstanding Check -705.00 05/04/2026 71604 Crazy Ant Pest Control Inc Accounts Payable Outstanding Check -139.00 05/04/2026 71605 Department of Justice/Acc Accounts Payable Outstanding Check -111.00 05/04/2026 71606 Farmers Hardware Accounts Payable Outstanding Check -755.91 05/04/2026 71607 Void Check Accounts Payable Voided Check 0.00 05/04/2026 71608 Fresno City College Accounts Payable Outstanding Check -355.00 05/04/2026 71609 Insurance and Benefits Trust of the Peace Officers Research Association of California Accounts Payable Outstanding Check -2,119.00 05/04/2026 71610 Jorgensen and Sons Inc. Accounts Payable Outstanding Check -2,943.46 05/04/2026 71611 Mace Pest Control Accounts Payable Outstanding Check -90.00 05/04/2026 71612 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -155,875.74 05/04/2026 71613 NinjaOne LLC Accounts Payable Outstanding Check -378.08 05/04/2026 71614 Occupational Health Centers of California Accounts Payable Outstanding Check -257.00 05/04/2026 71615 ODP Business Solutions, LLC Accounts Payable Outstanding Check -1,245.94 05/04/2026 71616 O'Reilly Auto Parts Accounts Payable Outstanding Check -134.01 05/04/2026 71617 Price Paige & Company CPA's LLP Accounts Payable Outstanding Check -10,584.00 05/04/2026 71618 Principal Life Insurance Company Accounts Payable Outstanding Check -10,051.71 05/04/2026 71619 PROtech Security & Electronics Inc. Accounts Payable Outstanding Check -10.78 05/04/2026 71620 Prudential Overall Supply Accounts Payable Outstanding Check -681.22 05/04/2026 71621 Void Check Accounts Payable Voided Check 0.00 05/04/2026 71622 Quad Knopf, Inc. Accounts Payable Outstanding Check -2,182.00 05/04/2026 71623 Railworks Track Systems LLC Accounts Payable Outstanding Check -215.00 05/04/2026 71624 Rain for Rent Accounts Payable Outstanding Check -333.68 05/04/2026 71625 Ross Recreation Equipment Inc. Accounts Payable Outstanding Check -228.53 05/04/2026 71626 S & W Auto Parts Inc. Accounts Payable Outstanding Check -17.58 05/04/2026 71627 Safety-Kleen Systems Inc. Accounts Payable Outstanding Check -309.31 05/04/2026 71628 Southern Tire Mart LLC Accounts Payable Outstanding Check -196.27 05/04/2026 71629 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,790.99 05/04/2026 71630 Turner's Towing Reversal Accounts Payable Outstanding Check Reversal 80.00 05/04/2026 71630 Turner's Towing Accounts Payable Outstanding Check -80.00 Bank Transaction Report Issued Date Range: -
6/1/2026 12:22:45 PM Page 2 of 5
Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/04/2026 71631 US BANK (CAL-CARD) Accounts Payable Outstanding Check -399.91 05/07/2026 71632 Gilberto Marquez Accounts Payable Outstanding Check -13,360.00 05/12/2026 71633 Airespring Inc Accounts Payable Outstanding Check -552.71 05/12/2026 71634 Amanda Moon Accounts Payable Outstanding Check -462.80 05/12/2026 71635 Badger Meter Inc. Accounts Payable Outstanding Check -691.70 05/12/2026 71636 Baker Supplies and Repairs Accounts Payable Outstanding Check -472.61 05/12/2026 71637 Comcast Accounts Payable Outstanding Check -43.51 05/12/2026 71638 Comcast Accounts Payable Outstanding Check -245.16 05/12/2026 71639 Employment Risk Management Authority (ERMA) Accounts Payable Outstanding Check -2,925.00 05/12/2026 71640 Farmers Hardware Accounts Payable Outstanding Check -10.83 05/12/2026 71641 Home Depot Credit Services Accounts Payable Outstanding Check -2,444.15 05/12/2026 71642 Insurance and Benefits Trust of the Peace Officers Research Association of California Accounts Payable Outstanding Check -1,028.00 05/12/2026 71643 L.N. Curtis & Sons Accounts Payable Outstanding Check -368.16 05/12/2026 71644 Metropolitan Transportation Commission Accounts Payable Outstanding Check -2,000.00 05/12/2026 71645 Occupational Health Centers of California Accounts Payable Outstanding Check -102.00 05/12/2026 71646 Prudential Overall Supply Accounts Payable Outstanding Check -200.38 05/12/2026 71647 Quad Knopf, Inc. Accounts Payable Outstanding Check -31,592.19 05/12/2026 71648 Void Check Accounts Payable Voided Check 0.00 05/12/2026 71649 Rain for Rent Accounts Payable Outstanding Check -1,994.18 05/12/2026 71650 Self Help Enterprises Accounts Payable Outstanding Check -898.59 05/12/2026 71651 Superior Pool Products, LLC Accounts Payable Outstanding Check -1,770.99 05/12/2026 71652 Townsend Public Affairs, Inc. Accounts Payable Outstanding Check -4,500.00 05/12/2026 71653 Turner's Towing Accounts Payable Outstanding Check -80.00 05/12/2026 71654 US BANK (CAL-CARD) Accounts Payable Outstanding Check -5,796.61 05/12/2026 71655 US Post Office Accounts Payable Outstanding Check -3,081.27 05/13/2026 71656 Lynna Cano Utility Billing Outstanding Check -128.34 05/13/2026 71666 Western Electric Utility Billing Outstanding Check -1,174.00 05/14/2026 71657 CA State Disbursement Unit Accounts Payable Outstanding Check -290.76 05/14/2026 71658 Chowchilla City Police Officers Association Accounts Payable Outstanding Check -2,494.00 05/14/2026 71659 Void Check Accounts Payable Voided Check 0.00 05/14/2026 71660 Chowchilla Employees Assn. Accounts Payable Outstanding Check -264.00 05/14/2026 71661 Chowchilla Mid-Management Accounts Payable Outstanding Check -108.00 05/14/2026 71662 Chowchilla Office Accounts Payable Outstanding Check -136.00 05/14/2026 71663 Fitness Peak Accounts Payable Outstanding Check -70.00 05/14/2026 71664 Franchise Tax Board- Tax Accounts Payable Outstanding Check -200.00 05/14/2026 71665 U.S. Bank (PARS) Accounts Payable Outstanding Check -196.00 05/18/2026 71667 AFLAC Accounts Payable Outstanding Check -967.14 05/18/2026 71668 Alert-O-Lite Inc. Accounts Payable Outstanding Check -160.43 05/18/2026 71669 American Fidelity Assurance (Flex) Accounts Payable Outstanding Check -458.32 05/18/2026 71670 American Products Accounts Payable Outstanding Check -29,895.54 05/18/2026 71671 AT & T Accounts Payable Outstanding Check -96.30 05/18/2026 71672 AT & T CALNET Accounts Payable Outstanding Check -287.87 05/18/2026 71673 AutoZone Parts, Inc Accounts Payable Outstanding Check -38.10 Bank Transaction Report Issued Date Range: -
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Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/18/2026 71674 Badger Meter Inc. Accounts Payable Outstanding Check -1,417.75 05/18/2026 71675 Baker Supplies and Repairs Accounts Payable Outstanding Check -293.60 05/18/2026 71676 BSK Associates Accounts Payable Outstanding Check -482.18 05/18/2026 71677 California Forensic Institute Accounts Payable Outstanding Check -400.00 05/18/2026 71678 Chowchilla Auto Ag & Industrial Accounts Payable Outstanding Check -13.03 05/18/2026 71679 CivicPlus, LLC Accounts Payable Outstanding Check -11,211.45 05/18/2026 71680 Comcast Accounts Payable Outstanding Check -1.14 05/18/2026 71681 County of Madera Accounts Payable Outstanding Check -40.00 05/18/2026 71682 Crazy Ant Pest Control Inc Accounts Payable Outstanding Check -94.00 05/18/2026 71683 Department of Justice/Acc B/A Accounts Payable Outstanding Check -35.00 05/18/2026 71684 Department of Transportation Accounts Payable Outstanding Check -2,728.72 05/18/2026 71685 Don's Mobile Glass Inc. Accounts Payable Outstanding Check -512.00 05/18/2026 71686 Healthwise Services, LLC Accounts Payable Outstanding Check -466.52 05/18/2026 71687 Ingraham Trophies Accounts Payable Outstanding Check -49.17 05/18/2026 71688 Interstate Gas Services Inc. Accounts Payable Outstanding Check -4,800.00 05/18/2026 71689 JMP Office Technologies Accounts Payable Outstanding Check -259.55 05/18/2026 71690 Madera County Transportation Accounts Payable Outstanding Check -11,950.00 05/18/2026 71691 Madera Tribune Accounts Payable Outstanding Check -3,908.00 05/18/2026 71692 Medvetta Financial Inc. Accounts Payable Outstanding Check -647.89 05/18/2026 71693 Merced Truck & Trailer Inc. Accounts Payable Outstanding Check -17.64 05/18/2026 71694 Mid Valley Disposal Inc. Accounts Payable Outstanding Check -2,379.87 05/18/2026 71695 Occupational Health Centers of California Accounts Payable Outstanding Check -225.00 05/18/2026 71696 ODP Business Solutions, LLC Accounts Payable Outstanding Check -423.16 05/18/2026 71697 Pacific Plan Review Inc Accounts Payable Outstanding Check -709.86 05/18/2026 71698 PARS Accounts Payable Outstanding Check -517.44 05/18/2026 71699 Prudential Overall Supply Accounts Payable Outstanding Check -713.48 05/18/2026 71700 Quad Knopf, Inc. Accounts Payable Outstanding Check -68,797.08 05/18/2026 71701 Rileighs Outdoor, LLC Accounts Payable Outstanding Check -4,678.25 05/18/2026 71702 Rumble Tree Inc. Accounts Payable Outstanding Check -2,035.00 05/18/2026 71703 S & W Auto Parts Inc. Accounts Payable Outstanding Check -156.97 05/18/2026 71704 Samsara Inc. Accounts Payable Outstanding Check -379.93 05/18/2026 71705 Steves Chevrolet of Chowchilla, LLC Accounts Payable Outstanding Check -26.51 05/18/2026 71706 Technicon Engineering Services, Inc. Accounts Payable Outstanding Check -860.00 05/18/2026 71707 Toshiba Financial Services Accounts Payable Outstanding Check -2,545.25 05/18/2026 71708 Turner's Towing Accounts Payable Outstanding Check -312.00 05/18/2026 71709 US BANK (CAL-CARD) Accounts Payable Outstanding Check -18,851.72 05/18/2026 71710 Void Check Accounts Payable Voided Check 0.00 05/18/2026 71711 Valley Shredding, LLC Accounts Payable Outstanding Check -1,501.50 05/18/2026 71712 Van De Pol Petroleum Accounts Payable Outstanding Check -1,643.63 05/18/2026 71713 Vulcan Materials Company Accounts Payable Outstanding Check -560.85 05/18/2026 71714 W.M. Lyles Co. Accounts Payable Outstanding Check -48,300.85 05/18/2026 71715 Century Communities Utility Billing Outstanding Check -75.17 05/21/2026 71716 AT & T Accounts Payable Outstanding Check -106.29 Bank Transaction Report Issued Date Range: -
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Cleared
Date Number Description Module Status Type Amount
Issued
Date
05/21/2026 71717 AT&T Mobility, LLC Accounts Payable Outstanding Check -905.94 05/21/2026 71718 AutoZone Parts, Inc Accounts Payable Outstanding Check -7.37 05/21/2026 71719 Brandley Engineering, Inc. Accounts Payable Outstanding Check -17,895.20 05/21/2026 71720 Central Valley Forensic Nursing Specialists Accounts Payable Outstanding Check -1,500.00 05/21/2026 71721 Chowchilla Auto Ag & Industrial Accounts Payable Outstanding Check -19.92 05/21/2026 71722 Consolidated Electrical Distributors Accounts Payable Outstanding Check -319.34 05/21/2026 71723 Distributor Operations, Inc. Accounts Payable Outstanding Check -173.77 05/21/2026 71724 Farmers Hardware Accounts Payable Outstanding Check -121.19 05/21/2026 71725 Grover Landscape Services Inc. Accounts Payable Outstanding Check -6,200.92 05/21/2026 71726 Holt of California Accounts Payable Outstanding Check -190.26 05/21/2026 71727 L.N. Curtis & Sons Accounts Payable Outstanding Check -87.28 05/21/2026 71728 Law Dog K9 Accounts Payable Outstanding Check -24,000.00 05/21/2026 71729 Madera County Economic Development Commission Accounts Payable Outstanding Check -19,899.26 05/21/2026 71730 Matthew W Driggs Accounts Payable Outstanding Check -25.00 05/21/2026 71731 Metro Uniform of Merced Accounts Payable Outstanding Check -1,967.95 05/21/2026 71732 O'Reilly Auto Parts Accounts Payable Outstanding Check -1,121.95 05/21/2026 71733 PACE Supply Corp Accounts Payable Outstanding Check -863.34 05/21/2026 71734 Pacific Plan Review Inc Accounts Payable Outstanding Check -735.00 05/21/2026 71735 Patrick T. Dewall Accounts Payable Outstanding Check -13,770.00 05/21/2026 71736 Power Business Technology LLC Accounts Payable Outstanding Check -12.44 05/21/2026 71737 Prudential Overall Supply Accounts Payable Outstanding Check -99.79 05/21/2026 71738 Rain for Rent Accounts Payable Outstanding Check -7,135.61 05/21/2026 71739 SCA of CA, LLC Accounts Payable Outstanding Check -8,400.00 05/21/2026 71740 Southern Tire Mart LLC Accounts Payable Outstanding Check -201.76 05/21/2026 71741 Adame Communications Utility Billing Outstanding Check -1,082.72 05/21/2026 71742 Century Communities Utility Billing Outstanding Check -71.87 05/21/2026 71743 Jaspal Singh Utility Billing Outstanding Check -3.17 Bank Account 200650906 Total: (149) -779,126.93
Bank Account: 200695379 - Payroll-Tri Counties
05/01/2026 723 723 Payroll Outstanding Check -284.40
05/01/2026 04/29/2026 724 724 Payroll Cleared Check 0.00 05/01/2026 725 725 Payroll Outstanding Check -208.12
05/01/2026 726 726 Payroll Outstanding Check -284.40
05/29/2026 727 727 Payroll Outstanding Check -33.77
05/29/2026 728 728 Payroll Outstanding Check -33.77
05/29/2026 729 729 Payroll Outstanding Check -33.77
05/29/2026 730 730 Payroll Outstanding Check -33.77
Bank Account 200695379 Total: (8) -912.00
Report Total: (157) -780,038.93
Bank Transaction Report Issued Date Range: -
6/1/2026 12:22:45 PM Page 5 of 5
Summary
Bank Account Count Amount
200650906 General Tricounties Bank 149 -779,126.93
200695379 Payroll-Tri Counties 8 -912.00
Report Total: 157 -780,038.93
Cash Account Count Amount
**No Cash Account** 6 0.00
999 999-0100-0215 Cash In Bank 144 -779,126.93
999 999-0100-0216 Cash In Bank (Payroll) 7 -912.00
Report Total: 157 -780,038.93
Transaction Type Count Amount
Check 156 -780,118.93
Check Reversal 1 80.00
Report Total: 157 -780,038.93

REPORT TO THE CITY COUNCIL
Item 3.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Consent
SUBJECT: Consideration and Approval of a Modified and Renewed Lease with Madera County for the Property Located at 145 Robertson Boulevard PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution
Exhibit A – Original Agreement
Exhibit B – Second (actual 4th) Amendment
Exhibit C- Fifth Amendment (Proposed)

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

That the City Council approve a resolution modifying and renewing the lease agreement between Madera County and the City of Chowchilla for the property located at 145 Robertson Boulevard, Chowchilla, CA.

BACKGROUND:

Madera County has located a satellite office of the County Department of Social Services at 145 Robertson Boulevard since 2006. The First Amendment (MCC 8898-C-2009) was approved in 2009; the Second Amendment (MCC8116A-C-2011) was approved in 2011; the Third Amendment (MCC 8116-B-C-2016) was approved in 2016; and, finally, the Fourth Amendment (MCC 8116-C-C-2021) was approved in 2021.

In March of 2016 and 2021, the County requested the City consider extending the renewal term from the one year provided for in the original lease to five (5) years. The City approved the request and also aligned the annual lease term to the City and County fiscal year and adjusted the timing of increases to rent such that they continue to be based on the Southern California Consumer Price Index (All Urban Consumers) (CPI) or five percent (5%), each year, whichever is less.

The current lease expires June 30, 2026. Staff is proposing another 5-year extension.

Features:
• Current monthly rent is $8,026.54, scheduled to increase based on last year’s CPI. • This renewal would be the only renewal, with a term running approximately five (5) years and ending on June 30, 2031.
• No other changes to the terms of the lease in Madera County Contract No. 8116-A-C-2011 The County said they researched the contracts and have found that the original contract was in 2006 and 2011 was an amendment to the original. They also stated there was the 1st amendment in 2009. Therefore, this should actually be the 5th amendment and not the 3rd. This is brought up because the attached 2nd amendment for reference that was approved in 2021, the last one both the City and County approved 2021, can’t be changed to the 4th as it should have been.

REASON FOR RECOMMENDATION:

The City shares a mutual interest and desire to renew the lease agreement for the extended five (5) year renewal term with the County. The Lease benefits the Citizens of Chowchilla to have a local Social Services Office.

FISCAL IMPACT:

The fiscal impact is continued revenue to the City. Increase in rent for CPI Index each year of the 5 years.

ACTIONS FOLLOWING APPROVAL:

The Finance Director will direct staff to include changes in future budgets.

COUNCIL RESOLUTION # - 26

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

APPROVING THE MODIFIED LEASE AGREEMENT WITH MADERA COUNTY FOR THE PROPERTY LOCATED AT 145 ROBERTSON BOULEVARD IN CHOWCHILLA, AND AUTHORIZING THE CITY

ADMINISTRATOR TO SIGN THE FIFTH AMENDMENT TO THE LEASE AGREEMENT WHEREAS, the City is the owner and lessor of a building located at 145 Robertson Boulevard in the City of Chowchilla; and
WHEREAS, the County of Madera has leased such premises for a satellite location of Madera County Department of Social Services since 2006; and
WHEREAS, the City and Madera County have negotiated a proposed amendment to the lease agreement extending the lease term through June 30, 2031 and providing for periodic increases to rent, tied to changes in the Consumer Price Index (CPI).

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

1. The above recitals are true and correct.

2. The City Council finds that the modification to the lease agreement (Fifth Amendment to Lease Agreement) is beneficial to both the City and to the County.

3. That the City Administrator is authorized to execute the amended lease agreement on behalf of the City.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
MADEI COUNTY CONTRACT NO. C—e--- st'
b — oO
Agreement with City of Chowchilla, for Rental of 14 Robertson Boulevard — Office Space for Madera County Department Social Services)
THIS LEASE AGREEMENT is made and entered into this y
2006, by and between the CITY OF CHOWCHILLA, a municipal corporation ( hereinafter LANDLORD"), and the COUNTY OF MADERA, a political subdivision of the State of California ( hereinafter "TENANT").

RECITALS
This Lease is made with reference to the following facts:

A. LANDLORD is the owner of the premises currently known as 145 W. Robertson Boulevard, Chowchilla, California, hereinafter referred to as the " PRIMARY OFFICE SPACE."
B. TENANT is willing to lease the PRIMARY OFFICE SPACE from LANDLORD pursuant to the provisions stated in this lease, for use by the Madera County Department of Social Services.

C. TENANT has examined the PRIMARY OFFICE SPACE, which consists of 2,494 square plus 888 square feet of shared or common areas ( i. e. lobbies, corridors, Break room/ restrooms, shared office space, etc.) together with other improvements located on said real property.

AGREEMF—NT
1, PRIMARY OFFICE SPACE_ LANDLORD leases to TENANT and TENANT leases from LANDLORD the PRIMARY OFFICE SPACE, together with any improvements located on said real property.

2. TERM AND COMPENSATION. The Term of this Lease shall commence on July 1, 2006 and shall expire on June 30, 2016. TENANT shall pay to LANDLORD a fixed amount of rent for the entire duration of the Lease.

2. 01. Fixed Base lent. TENANT shall pay to LANDLORD a fixed base rent, which shall be due and payable on the first of each mo MCI, in the sum of:
2, 938.00 per month for year one ( 1). C i
3, 056.00 per month for year two (2). %5') 16
3, 208.00 per month for year three (3). ty$ j Or1
3, 369. 00 per month for year four ( 4). -> CV 1 i0
3, 684. 00 per month for year five ( 5). lv 1 1
3, 861. 00 per month for year six ( 6).
4, 078.00 per month for year seven ( 7).
4, 359.00 per month for year eight (8).
4,652. 00 per month for year nine ( 9).
4, 984. 00 per month for year ten ( 10).

The parties acknowledge and agree that TENANT' S obligation to continue making payments to LANDLORD under this Lease Agreement is contingent on the continued availability of State Department of Social Services funding and/or Program needs. In the event that funding TENANT receives from the State Department of Social Services ceases or is significantly decreased and/ or Program requirements mandate a changed environment, this Lease Agreement may be terminated or modified by either of the parties hereto by giving one hundred twenty ( 120) days written notice to the other party.

3. MAINTENANCE. TENANT, at its cost, shall maintain premises and grounds in good condition. LANDLORD shall have the responsibility for maintaining all the utility delivery systems on the premises, including the heating, cooling, electrical and plumbing systems, along with the structural integrity of the building, roof and outside walls.

4. ALTERATIONS. TENANT shall not make any structural or exterior alterations to the premises without LANDLORD' S prior consent. TENANT shall have the right to make, at its expense and without LANDLORD' S consent, nonstructural alterations of the interior to the PRIMARY OFFICE SPACE that are necessary for the TENANT to conduct its business on the PREMISES. In making any alterations to the premises, the TENANT shall comply with the following:

4.01 . The alterati- ns shall not be commenced until fiv- clays after LANDLORD has received n'U[ rce from TENANT stating the oate the installation of the alterations is to commence so that the LANDLORD can post and record any appropriate notice of non -responsibility.

4.02. The alterations shall be approved by all appropriate governmental agencies and all applicable permits and authorizations shall be obtained before commencement of the alterations.

4.03. Before commencing the alterations and at all times during the construction, TENANT' S contractor shall maintain insurance in an amount satisfactory to the City of Chowchilla Risk Management Officer.

4.04. TENANT shall pay all costs for construction done by, or caused to be done by, it on the premises as are permitted by this Lease. TENANT shall keep the premises free and clean of all mechanics liens resulting from construction done by or for TENANT.

5. UTILITIES AND SERVICES. LANDLORD shall make all arrangements for, and pay for, all utilities and services furnished to or used by it, including, without limitation, gas electricity, water, sewer, trash collection, Janitorial and Fire/ Burglar Systems and all connection charges. LANDLORD and TENANT shall share these costs based on the percentage of square feet of the building occupied and applicable common ( shared) areas as outlined in RECITAL " C". LANDLORD shall invoice TENANT monthly for these charges after they are incurred and the bills are received. TENANT is responsible for Telephone services and Cable TV services.

6. INSURANCE. LANDLORD acknowledges that TENANT is a self -insured public entity, and agrees to such self -insured coverage for the duration of the lease, provided that TENANT shall provide LANDLORD with proof of self-insurance and property -damage insurance, and that TENANT shall list LANDLORD and its officers, volunteers and 3 employees as additiona' ` nsureds and submit proof of su-' additional designation to LANDLORD. LANDLORU shall maintain its own insurance Tor the Premises ( including property damage) and shall submit proof of such insurance to TENANT, and shall also list TENANT and TENANT' s officers, volunteers and employees as additional insureds and shall submit proof of such additional designation to TENANT.

7. LIABILITY. From and after the commencement date of this Lease, TENANT hereby agrees that LANDLORD shall not be liable for injury to TENANT' s business or loss of income there from or for loss of or damage to property of TENANT, TENANT' s employees, agents, invitees, or individuals to whom TENANT provides social services, or other persons in or about the premises except as to injury, loss or damage directly caused by LANDLORD's failure to keep the exterior walls, structural condition of interior bearing walls, structural support of the roof, and the foundation in good condition and repair, or arising from the LANDLORD' s remodeling done prior to the TENANT's occupancy of the premises.

B. INDEMNITY. TENANT shall indemnify, save, hold harmless and defend LANDLORD, its officers, agents, employees, and volunteers from any and all claims, suits, damages, losses, and expenses ( including attorneys' fees) arising out of the occupancy and/ or use of the premises by TENANT. However, LANDLORD shall indemnify, save, hold harmless and defend TENANT, its agents, officers, employees, and volunteers from any and all claims, suits, damages, losses, and expenses ( including attorneys' fees) arising directly or indirectly where caused by the active negligence, sole negligence, or willful misconduct of LANDLORD or its authorized representatives.

9. ASSIGNMENT. TENANT shall not voluntarily assign, transfer or encumber its interests in this Lease or in the PRIMARY OFFICE SPACE or premises, or sub -lease all or any of the PRIMARY OFFICE SPACE or premises, or allow any other person or entity except TENANT' S authorized representatives) to occupy or use all or any part to the 4 PRIMARY OFFICE SPAC — or premises, without first obtaining- ' he express written consent of LANDLORD. Any assignment, encumbrance, or sub -lease without LANOLORD' S consent shall be voidable, and, at LANDLORD' S election, shall constitute a default.

10. SALE OF PROPERTY. Any sale of the premises by LANDLORD during the term of this lease agreement shall be subject to this agreement.

11. DEFAULT. The occurrence of any of the following shall constitute a default by TENANT:

11. 01. Failure to pay rent when due, if failure continues for five days after notice has been given to TENANT.

11. 02. Abandonment and vacation of the OFFICE SPACE and premises ( failure to occupy and operate the OFFICE SPACE and premises for thirty consecutive days shall be deemed an abandonment and vacation).

11. 03. Failure to perform any other provision of this Lease if the failure to perform is not cured within thirty ( 30) days after notice has been given to TENANT. If the default cannot be reasonably cured within thirty ( 30) days TENANT shall not be in default of this Lease if TENANT commences to cure the default within the thirty ( 30) day period and diligently and in good faith continues to cure the default.

11. 04. Failure to maintain and provide certification of insurance coverage as specified in Section 6, Insurance.

Notices given under this paragraph shall specify the alleged default and the applicable Lease provision( s), and shall demand the TENANT perform the provision( s) of this Lease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the PRIMARY OFFICE SPACE and premises. No such notice shall be deemed a forfeiture or termination of this Lease unless LANDLORD so elects in the notice.
5 12. NOTICES. At notices herein provided to be give- by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, postage prepaid and addressed as follows:

TENANT LANDLORD
Madera County
Department of Social Services
Attn: Hubert Walsh, Director
P. O. Box 569
Madera, CA 93639
With coov to
Clerk, Board of Supervisors
209 W. Yosemite Ave.

Madera, CA 93637.

City of Chowchilla
145 W. Robertson Blvd.

Chowchilla, CA 93610
Nothing herein shall preclude the giving of any notice by personal service.

13. SIGNS. TENANT, at its cost, shall have rights to place, construct, and maintain an exterior sign on the building and other improvements that are part of the premises subject to prior approval of LANDLORD.

14. ATTORNEY FEES. LANDLORD and TENANT agree that if either party becomes a party to any litigation concerning this Lease, the PRIMARY OFFICE SPACE, or the building, or other improvements on which the PRIMARY OFFICE SPACE is located, by reason of any act or omission of the other party or its authorized representatives, and not by any act or omission of its own, or any act or omission of its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorney' s fees and costs incurred by it in such litigation.

Further, in the event of any action, suit, or proceeding commenced to enforce performance under this Lease or to seek damages for breach thereof, the losing party will pay reasonable attorney's fees incurred by the prevailing party, to be awarded and fixed by the court, and to be taxed as a cost and to be included in the judgment thereon rendered. 6 15_ OPTION TO ^ ENEW. TENANT is hereby grant—:1, and shall have, if not in default under this Lease at the time, an option to renew this Lease for an additional period of one ( 1) year only from the expiration date hereof, upon the same terms, covenants, and conditions herein contained, with the exception of rental, which shall not increase by more than the rental amount at the end of the term of this Lease multiplied by the percentage increase ( during the previous twelve month period prior to the expiration date of this Lease) in the Consumer Price Index for all Urban Consumers ( CPI- U, US City Statistics), or 5%, whichever is less. If TENANT decides to exercise its option to renew, it must give notice of renewal to LANDLORD no later than ninety ( 90) days prior to the expiration of the Lease Agreement.

16. ENTIRE AGREEMENT. This Lease Agreement constitutes the entire agreement between LANDLORD and TENANT, and contains all the material terms and conditions agreed upon by the parties hereto and no other agreements, negotiations, proposals, commitments, or understandings of any nature whatsoever, oral or otherwise, regarding the subject matter of this Lease, shall be deemed to exist or to bind either of the parties hereto unless expressly included in this Lease_ Any matters of this Lease may be modified from time to time by the written consent of all the parties without, in any way, affecting the remainder.
7 r + w w t . . . w w a • w r
IN WITNESS WHErtEOF, the parties have executed this Agreement as of the day and year First above -written.

ATTEST:

CityClerk =' ' Approved
as to Legal Form: COON
C( JSEL By Approved
as
to Accounting Form: CO DITORCONTROLLER Approved to
Form: COUNTX = iA

TRATIVI OFF ER Y ACCOUNT
S):

NUMBER(
eT) 7S/
I> 7.? Z 7ow--- COUNTY OF
MADERA a airman,
Boa
f Supervisors CITY OF
CHOWCHIL Mayor Approved
as
toLegal Form: CITY ATTORNEY
yy// By:

Approved
as
to Form: CITY ADMINISTRATOR
SAAdmin\ County
Counsel\ DSS\ Contracts\ chcwohilis old city hall base version 2 (modified indemnity). doc8 Off; - t Furniture and Equipment' ' ists
Rents and Leases of Eauioment 07510- 721602 Copier ( lease) Office Expenses 07510-
721300 Chairs Stacking Task
Tax TV/
DVD/
VCR
Combo Tax File Cabinets (
lateral,
includes delivery and instaff) Interview room counters
LAN Transfer Fixed
Assets 07510-
740301 Phone system quote
Voice mail system
Cubicals (labor for
moving, plus 3 additional) ChowRelocCosts) Qtty Each
Extended
Total 1 800. 00
800. 00 Rents and Leases
Total: S800. 00 10 40.00
400. 00 4 200. 00
800. 00 100. 00 1 ,
300.00 1 250. 00

20. 00 270.
00 8 560. 00
4, 400. 00 4, 400. 00 4 1 50.
00 600. 00 600. 00 1 1 , 500.
00 1 , 500. 00 1 , 500. 00 Office Expenses Total:
8,070.00 1 $14,500.
00 $ 14, 500.00 $ 14, 500. 00 1 $5,100.
00 $ 5, 1 00. 00 $ 5, 100. 00 1 $10, 400.
00 $ 10,400. 00 $ 1 O, 200. 00 Fixed Assets Total: $
29,800.00 Grand Total: 38,
670.00
4110
TTEM#, 2,
REPORT TO THE CITY COUNCIL•
Council Meeting of June 26, 2006
Agenda Section: Consent Calendar
SUBJECT: Consideration of Resolution Approving Entering into a Lease Agreement with Madera County for Office Space at 145 Robertson Blvd. (Old City Hall) for the Madera Co my Department of Social Services
Contract File# W 3O (
Prepared By: Ellen Bitter. Projects Manager
Authorized By:
1-
City Administrator Approval:
ammarsamigsp
HISTORY/ BACKGROUND:

On May 3, 2005 the Madera County Board of Supervisors authorized the Director of Social Services, in coordination with the County Administration office, to enter into formal negotiations with the City of Chowchilla for Department of Social Services (DSS) office space. Throughout the reconstruction of the Old City Hall building, Staff has briefed City Council on the status of these negotiations and the interior redesign to accommodate relocating DSS from their current facility on Trinity Avenue.

SITUATION I ANALYSIS:

Attached to this report is a copy of the negotiated lease. It is a ten-year lease. The monthly rent is graduated over the life of the lease beginning with a square footage cost dose to their current rate and increasing each year to the target rate of$ 1. 70 per square foot. Calculations factored in inflation rates and interest on the construction financing. The County will also pay a pro-rata share of utilities, janitorial service, and fire/burglar systems based on square footage of leased space.

At the time of writing this report, consideration of this lease agreement is scheduled for the Board of Supervisors regularly scheduled meeting of June 27, 2006.

FINANCIAL IMPACT:

Total revenues to the City resulting from this ten- year lease will be $ 458, 244.

RECOMMENDATION:

Staff recommends approval per roll call vote of the Consent Calendar.

SUPPLEMENTS ATTACHED: Resolution
Lease Agreement
SPECIAL INSTRUCTIONS:

Clerk to provide copy of executed resolution and two signed agreements to Project Manager Bitter for coordination of agreement and processing with Madera County. Copy of resolution and agreement to the Administrative Team - Administrator, Parks and Rec Director, Public Works Deputy Director, Finance Director to be assigned for the necessary follow up.

Administrative Services staff to scan and file all material.

RESOLUTION NO. 60 - 06

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHOWCHILLA, CALIFORNIA APPROVING AN AGREEMENT

WITH MADERA COUNTY FOR LEASE OF OFFICE SPACE AT
145 W. ROBERTSON BLVD. FOR THE DEPARTMENT OF

SOCIAL SERVICES, AND AUTHORIZING THE CITY

ADMINISTRATOR TO EXECUTE THE AGREEMENT ON BEHALF

OF THE CITY
WHEREAS, the City of Chowchilla (" CITY") is a municipal corporation which provides services and recreational activities to the citizens of the community; and
WHEREAS, the City is the owner of the property located at 145 Robertson Blvd.; and
WHEREAS, the City recently remodeled the interior and exterior of the building bring the structure into compliance with current codes and regulations and creating new office and meeting space; and
WHEREAS, Madera County Department of Social Services is seeking office space and meeting/ training room facilities to offer services for the City of Chowchilla; and
WHEREAS, the County of Madera has prepared an agreement in cooperation with City Administrator and City Attorney for a 10 year Agreement with Madera County Department of Social Services and such agreement is on file with the office of the City Clerk of the City of Chowchilla and referred to for more particulars; and
WHEREAS, the agreement is in the best interests of the City.

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

1. The above recitals are true and correct.

2. The agreement as described is approved.

3. The Mayor is authorized to execute the agreement on behalf of the City.

4. This resolution is effective immediately upon adoption.

RESOLUTION 60- 06 PASSED AND ADOPTED by the City Council of the City of Chowchilla on the 27 day of JUNE 2006 by the following vote:

AYES: 4 COUNCIL MEMBERS: Lucchesi, Warner, Ginsburg, Harris NOES: 0
ABSENT: 0 COUNCIL MEMBERS: Belton
ABSTENTIONS:
r
ona d . arris, Mayor
ATTEST:

G y e elsh, Chief City Clerk
C
City of
hwchi11a
145 West Robertson Blvd.

Chowchilla, CA 93610
559) 665- 8615 - ( 559) 665- 7418 fax
www.ci. chowchilla. ca.us
July 5, 2006
Ms. Carole Leoni
Asst. Clerk
Madera County Board of Supervisors
209 W. Yosemite Ave.

Madera CA 93637
Dear Ms. Leoni:

Enclosed please find the certificate of insurance as required per Madera County Contract No. 8116- C- 2006 for lease of 145 W. Robertson Blvd., Chowchilla, by the Department of Social Services.

Per the same contract, certificate of insurance is likewise required from Madera County.

Please ensure the certificate is provided as outlined in the contract in order for the process to be completed.

If you have any questions, please contact me at 665- 8615, ext. 103. Also be advised that we are moving and our new address as ofJuly 10, 2006, is:

City of Chowchilla
130 S. Second St.

Civic Center Plaza
Chowchilla CA 93610
Our phone number will not change. iAIDOR-33
Sincerely,
Gaye Welsh, CMC
Deputy Director of Administrative Services
c: Madera Co. DSS, Director Hubb Walsh
CMF file- City Hall lease/ DSS .-
Ot."„„A

BOARD OF SUPERVISORS

MEMBERS OF THE BOARD
Q-,.."

COUNTY OF MADERA

FRANK BIGELO

VERN MOSS
h. c

MADERA COUNTY GOVERNMENT CENTER

RONN DOMINICI
C
209 W. YOSEMITE AVENUE/ MADERA, CALIFORNIA 93637

MAX RODRIGERT
559) 675- 7700/ FAX( 559) 673- 3302/ TDD( 559) 675- 8970 GARY G[ LBRT
BONNIE HOLIDAY, Clerk of the Board
June 27, 2006
City of Chowchilla e
145 West Robertson Blvd
Chowchilla, California 93610
Dear Nancy Red:

Enclosed are two original agreements for Madera County Contract No. 8116-C-2006, for lease of 145 West Robertson Boulevard, Chowchilla.

Please have both originals executed and return both completed originals to this office.

According to the contract, you are required to provide this office with certificates of insurance for item six( 6) as required on pages three (3) and four( 4) of the contract, enclosed. Be sure that the coverage is in the required amounts and lists the County of Madera as Additionally Insured.

Upon receipt of the certificates of insurance and approval by our Insurance Coordinator, and both completed originals, we will process the agreement. If you should have any questions, please do not hesitate to contact this office.

If you should have any questions, please do not hesitate to contact this office.

Sincerely,
@4J140 0,
Carole Leoni
Assistant Clerk
Enclosures
CENTRAL SAN 30AQUIN VALLEY RISK MANAGEMENT AUTHORITY
1831 K Street, SACRAMENTO, CA 95814
916) 244- 1100 N Fax ( 916) 244- 1198
lIlk A

LIABILITY CERTIFICATE OF COVERAGE

ADDITIONAL COVERED PARTY
CERTIFICATE NUMBER: 2006 - 748
CERTIFICATE HOLDER: Madera County Dept. of Social Services ATTN: Hubert Walsh
720 E. Yosemite Ave.

Madera, CA 93639
COVERED PARTY: City of Chowchilla

DESCRIPTION OF COVERED ACTIVITY
As respects the lease of primary office space of the Old City Hall located at 145 W. Robertson Blvd.; the Madera County Dept. of Social Services is an additional covered party with regard to any negligent acts or omissions of the City of Chowchilla, it' s officers, officials, employees and volunteers.

MEMO POLICY NUMBER: CSJVRMA 2005- GL EFFECTIVE DATE: 7/ 1/ 2006 LIMITS: 1, 000, 000 EXPIRATION DATE: 6/ 30/ 2007
per occurrence)
THE FOLLOWING COVERAGE IS IN EFFECT:

General and automobile liability as defined in the memorandum of coverage on file with the covered party named above.

This is to certify that the coverage listed above has been issued to the Covered Party named above for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the memorandum of coverage of the Central San Joaquin Valley Risk Management Authority which is available for your review upon request.

Pursuant to Section( c) of the definition of" Covered Party" in the memorandum of coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above.

Coverage is in effect as stated above is primary and will not be canceled, limited, or allowed to expire except upon 30- days written notice to the certificate holder.

Date Issued: 7/ 3/ 2Q06
Renewal: Yes 142b..0A. 03:A-C
Excess Coverage Included: No Risk Manager:
v

A BOARD OF SUPERVISORS
MEMBERS UtI H! BOARD

COUNTY OF MADERA
FRANK BIC;EL() W

LRN MOSS
1161 RONN DOMINICI
1tin1 a` MADERA COUNTY GOVERNMENT CENTER MAX RODRIGUEZ
GMav 209 W. YOSEMITE AVENUE/ MADERA, CALIFORNIA 93637 GARY GIL1iER' 1' 559) 675. 77( X)/ FAX( 559) 67S-3302/ TDD( 559) 67.5- 8970 BONNIE HOLIDAY, Clerk o( Ihe Board
File No: 06035 Agreement No. 8116---C- 2006
Date: June 27, 2006
In the Matter of RELOCATION OF CHOWCHILLA OFFICE.
a. Consideration of entering into a Lease Agreement with the City of Chowchilla for office space located at 145 West Robertson Blvd., Chowchilla for Fiscal Years 2006- 2016.
b. Consideration of approval to authorize the purchase of furniture and equipment necessary for the office relocation project.

Upon motion of Supervisor Moss, seconded by Supervisor Dominici, it is ordered that the attached be and it is hereby adopted as shown, and the Chairman is authorized to execute said agreements.

I hereby certify that the above order was adopted by the following vote, to wit:

AYES: Supervisors Bigelow, Moss, Dominici, Rodriguez, and Gilbert.

NOES: None.

ABSTAIN: None.

ABSENT: None.

Distribution: ATTEST: BONNIE HOLIDAY, CLERK

BOARD OF SUPERVI ORS
Auditor
CAO By avok
City of Chowchilla Assistant Clerk
Social Services

Page 1 of 2 ends

Jerry Reid
From: Jerry Reid
Sent: Friday, August 18, 2006 8: 30 AM
To: Department Heads
Cc: Ellen Bitter
Subject: Old City Hall - DSS
Thank you all for assisting thus far on the DSS punch list for old city hall. There are a couple of outstanding items( listed below) so when you have dates, times etc that they will be fixed or corrected please send me an email or call and let me know. This way I can communicate this timeline for the project with DSS.

We will be meeting next week, per Nancy' s request, to finalize the details of who will be managing the contract long term- until then please continue to use myself as the primary contact and I will continue to work with each department and Ellen to make sure their punch list items are completed.

Updated List( with dates and leads for completion)
1) Blinds; JERRY- will be installed late next week
2) Baseboard; JERRY- will be completed week of the 28th 3) Trash container enclosure; DAVID- no timeline yet
4) Key Pads; JERRY/ PARKS CREW- Today
5) Front Counter Window; Ellen/ JOANNE U. - Monday/ Tuesday 6) Security Film for 2 doors; JERRY- no timeline yet
7) Items in breakroom; JERRY/ JOE- Today
8) Breakroom cabinets; DAVID/ ELLEN- no timeline yet
9) ADA Sinks; ELLEN/ GREG- no timeline yet
If I missed anything here please let me know
Items Completed as of this morning
1) Trash container placement
2) Parking issues
3) Crack in concrete in front of DSS entrance
4) Door by supervisors office
5) Janitorial
6) Connection of sink in breakroom
7) Weeds
8) New addy
9) Keyboard trays
10) Posting in front of building on Robertson
If I missed anything here please let me know as well
Thanks
PLEASE NOTE: As of July 27 the new mailing address for the Parks& Recreation Department is as follows:
130 S. Second Street
Civic Center Plaza
Jerry Reid
Director of Parks, Recreation& Community Services
130 S. Second Street
Civic Center Plaza
Chowchilla, CA 93610
559. 665. 8640 x 200
559. 665. 7527 fax
8/ 18/ 2006

Page 1 of 1 ends

Jerry Reid
From: Ellen Bitter
Sent: Thursday, August 17, 2006 9: 50 AM
To: Jerry Reid
Subject: RE: baseboard colors
The manufacturer of the rubber base is Roppe and the description is # P- 162 Mocha, 4 inches high. I have a floor plan where I can highlight the areas we need it; or Rose' s may just want to field measure everything. Anyway, I put the floorplan in your box.

Ellen Bitter, P. E. ** please note new mailing address** Projects Manager
City of Chowchilla
130 S. Second Street
Civic Center Plaza
Chowchilla, CA 93610
559) 665- 8615 ext. 106
559) 665- 8631 F A X
Original Message
From: Jerry Reid
Sent: Wednesday, August 16, 2006 4: 49 PM
To: Ellen Bitter
Subject: baseboard colors
Ellen, can you send me the manufacturer and the color so I can get them ordered for old city hall- thanks PLEASE NOTE: As ofJuly 27 the new mailing address for the Parks & Recreation Department is as follows:
130 S. Second Street
Civic Center Plaza
Jerry Reid
Director of Parks, Recreation& Community Services
130 S. Second Street
Civic Center Plaza
Chowchilla, CA 93610
559. 665. 8640 x 200
559. 665. 7527 fax
Chou/ chit-Ca Parks & 'Recreation. - Creating Community Through People, Parks & Programs 8/ 17/ 2006

Page 1 of 2 ends

Jerry Reid
From: Ellen Bitter
Sent: Wednesday, August 16, 2006 5: 01 PM
To: Walsh, Hub; Schnadarle, Frank
Cc: Jerry Reid
Subject: FW: Old City Hall Tenant Issues
I see we were writing at the same time. Some of the issues you raised are addressed in this email.

The others we will look into.

I have developed this list of issues developed from phone calls between Joanne Upton and Frank Schnadarle and a site visit by Ellen with Renee from D55. Status is noted in red. Some have ???' s because I have no idea.... Would appreciate feedback on any of these items. Please note that D55 has been pointed to Jerry Reid for future concerns.
1/. D55 requested removal the sand- filled barriers in front of the building in the alley to allow for parking. The barriers are to remain until Phase 2 of the plaza is constructed and no parking will be allowed except for the marked handicap stall( temporary only), The front of the building, off of the alley, is to be enhanced with benches and landscaping either with Phase 2 of the civic center plaza or sooner ifpossible.

Key Pad and New Locks. This item is being addressed by City Staff No Trim at base of cabinets. An oversight during the plan review for the cabinets, This area typically receives rubber base or matching floor trim, Terry Reid, in coordination with Ellen Bitter, is to have Rose Furniture install matching rubber base.

4. No keyboard trays. To be installed 8/ 17/ 06 morning.

When will glass windows be installed in reception area? Emerzian Woodworking to provide ETA to Ellen Bitter
Janitorial Service? Jerry Reid working on this-should have started last night.

D55 request for door between lobby and staff area was to have film for 1- way viewing for 8/ 17/ 2006

Page 2 of 2 ends

privacy of staff. This item is under discussion.

8. Status of Window Coverings. ferry Reid to provide update on this item.

A. Missing cabinet doors in kitchen. City directed cabinet contractor not to install doors over sink and refrigerator due to conflict with light fixture-item closed Reconnect sink in breakroom. bone

11. Coffee makers and other stuff in breakroom. ????? probably salvage to front of building for disposition. If no one wants - DS5 could use coffee maker. 12'. Water filter in breakroom. ?????

13. Does microwave stay.?????
I Weeds next to building. Work order issued to Parks & Rec. 1 :" New address: Liz informed me that the address has been assigned for their portion of the building. I pointed her to Renee at D55.

SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN

MADERA COUNTY AND THE CITY OF CHOWCHILLA
MADERA COUNTY CONTRACT No. 8116-A-C- 2011
FOR THE PROPERTY LOCATED AT 145 ROBERTSON BOULEVARD, CHOWCHILLA, CA WHEREAS the City of Chowchilla (" City") is the owner and lessor of the property located at 145 - Robertson Boulevard (" 145 Robertson"), in the City of Chowchilla; and WHEREAS the County of Madera (" County") and County of Madera Department of Social Services is the Lessee of 145 Robertson pursuant to a Madera County Contract No. 8116-A-C- 2011; and WHEREAS the County desires to exercise the option to renew said contract pursuant to Section 7 OPTION TO RENEW, in 2016 the County requested and was granted a five ( 5) year renewal rather than the one ( 1) year renewal provided for in the original agreement; once again the County is requesting a ( 5) year renewal; and
WHEREAS the City shares a mutual interest and desire to renew the lease agreement for the extended five ( 5) year renewal term with the County;
THEREFORE, the City and County agree as follows:

A) The TERM of the renewal period of the Lease shall begin on July 1. 2021 and shall end on June 30, 2026.

B) The base rent increases described in Section 3. 02 shall be adjusted annually on July 1 each year by the increase in the Southern California Consumer Price Index ( All Urban Consumers), as published by the U. S. Department of Labor for the prior 12 months ending April 30, or five percent ( 5%), whichever is less. The City shall submit to the County this requested amount in writing to include a copy of the CPI no later than June 1 of each year commencing in 2021.

C) All other terms and conditions contained in the original lease ( Madera County Contract No. 8116- A- C- 2011, to the extent that they are unchanged by this Amendment are incorporated herein and shall remain in full force and effect for the duration of this renewal period.

IN WITNESS THEREOF, the foregoing FIRST AMENDMENT is executed on 2021.

COUNTY OF MADERA CITY OF C CHILLA
Chairmaf1 Board of upe sors Rod Pruett, City Administrator APPROVED AS TO FORM:

Coun o el Nfar r- - ter, City Attorney

FIFTH AMENDMENT TO LEASE AGREEMENT BETWEEN

MADERA COUNTY AND THE CITY OF CHOWCHILLA
MADERA COUNTY CONTRACT No. 8116-C-2006
FOR THE PROPERTY LOCATED AT 145 ROBERTSON BOULEVARD,

CHOWCHILLA, CA
WHEREAS the City of Chowchilla (“City”) is the owner and lessor of the property located at 145 Robertson Boulevard (“145 Robertson”), in the City of Chowchilla; and WHEREAS the County of Madera (“County”) and County of Madera Department of Social Services is the Lessee of 145 Robertson pursuant to a Madera County Contract No. 8116-C-2006; and
WHEREAS, the parties approved the First Amendment of the original contract pursuant to Section 7 – OPTION TO RENEW, in 2009 (MCC 8898-C-2009); and WHEREAS, the parties approved the Second Amendment of the original contract pursuant to Section 7 – OPTION TO RENEW, in 2011 (MCC 8116A-C-2011) to extend the lease agreement for five (5) years; and
WHEREAS, the parties approved the Third Amendment of the original contract pursuant to Section 7 – OPTION TO RENEW, in 2016 (MCC 8116B-C-2016) to extend the lease agreement for five (5) years; and
WHEREAS, the parties approved the Fourth Amendment of the original contract pursuant to Section 7 – OPTION TO RENEW, in 2021 (MCC 8116C-C-2021) to extend the lease agreement for five (5) years; and
WHEREAS, the County now has requested and desires a Fifth Amendment of the original contract pursuant to Section 7 – OPTION TO RENEW, to extend lease agreement for an additional five (5) years; and
WHEREAS the City shares a mutual interest and desires to renew the lease agreement for the extended five (5) year renewal term with the County.

THEREFORE, the City and County agree as follows:

A) The TERM of the renewal period of the Lease shall begin on July 1, 2026, and shall end on June 30, 2031.
//
//
//
B) The base rent increases described in Section 3.02 shall be adjusted annually on July 1 each year by the increase in the Southern California Consumer Price Index (All Urban Consumers), as published by the U.S. Department of Labor for the prior 12 months ending April 30, or five percent (5%), whichever is less. The City shall submit to the County this requested amount in writing to include a copy of the CPI no later than June 1 of each year commencing in 2027.

C) All other terms and conditions contained in the original lease (Madera County Contract No. 8116-C-2006), to the extent that they are unchanged by this Fifth Amendment are incorporated herein and shall remain in full force and effect for the duration of this renewal period.

IN WITNESS THEREOF, the foregoing FIFTH AMENDMENT is executed on _______________________, 2026.

COUNTY OF MADERA CITY OF CHOWCHILLA
___________________________________ ________________________________ Chairman, Board of Supervisors City Administrator
APPROVED AS TO FORM:
___________________________________ ________________________________ County Counsel City Attorney
4901-4722-7827 v.1.docx

REPORT TO THE CITY COUNCIL
Item 3.4

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Consent
SUBJECT: A City Council Resolution Approving Applications for Transportation Development Act (TDA) Funds for Fiscal Year 2026/2027 and Authorizing the City Administrator or Designee to Execute and Submit Applications to the Madera County Transportation Commission
PREPARED BY: Robin Roman, Transit Supervisor
APPROVED BY: Joann McClendon, City Clerk
ATTACHMENTS: Resolution, TDA Allocation Applications

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

Staff recommends that Council approve the resolution (a) approving applications for FY 2026/2027 TDA Local Transportation (LTF) and State Transit Assistance (STA) funds; and (b) authorizing the City Administrator or Designee to execute the applications for submittal to the Madera County Transportation Commission (MCTC) for adoption.

BACKGROUND:

The State Controller annually approves LTF and STA apportionments by the county pursuant to the Transportation Development Act (TDA). MCTC allocates these funds to local agencies based on each jurisdiction’s percentage share of the total County population. Annually, local agencies are required to submit applications for approval to MCTC. The applications may be amended, as needed.

REASON FOR RECOMMENDATION:

LTF funds are programmed for public transit services; pedestrian and bicycle facilities and street and road maintenance and construction projects. Transit must be fully funded consistent with the MCTC annual Unmet Transit Needs findings, as transit has priority use of these funds. A mandatory 2% is allocated for pedestrian and bicycle facilities and 3% for transportation planning. The remaining balance may be expended on street maintenance and construction projects. STA funds may be used only for public transit purposes, including operating and capital projects.

MCTC requires Council approval prior to the submittal of LTF and STA applications. The FY 2026/2027 LTF and STA applications have been prepared, as attached, reflecting the proposed use of these funds.

The City’s grand total FY 2026/2027 LTF allocation is $603,634 (compared to $589,513 in 25/26); and, $154,752 for STA (compared to $172,226 in 25/26). The LTF and STA applications specify the proposed expenditures of these funds.

FISCAL IMPACT:

The City’s total FY 2026/2027 allocation for LTF is $603,634 and $154,752 for STA, and is included in the budget. The Grand Total for Transportation Development Act (TDA) is $758,386.

ALTERNATIVES:

None.

ACTIONS FOLLOWING APPROVAL:

Upon signatures, City Clerk to return the documents to Robin Roman, Transit Supervisor.

COUNCIL RESOLUTION # XX-26

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

APPROVING APPLICATIONS FOR TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 2026/2027,

AND AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO EXECUTE AND

SUBMIT APPLICATIONS TO THE MADERA COUNTY TRANSPORTATION COMMISSION WHEREAS, Transportation Development Act Local Transportation Funds (LTF) and the State Transit Assistance (STA) funds are annually allocated by Madera County Transportation Commission (MCTC) pursuant to the TDA; and,
WHEREAS, the City of Chowchilla prepares the applications outlining the intended uses for the STA funds each year and the application may be amended as needed; and, WHEREAS, the LTF and STA application for FY 2026/27 that describes the intended uses of these funds have been submitted to Council for review and approval.

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 Fiscal Year 2026/2027 applications for Transportation Development Act Local Transportation Funds and State Transit Assistance Funds, as allocated to the City of Chowchilla by the Madera County Transportation Commission, are approved.

3. The City Administrator or designee is authorized to execute the applications and submit them to the Madera County Transportations Commission for adoption.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
Operator's STA Qualifying Criteria (99314.6) - Worksheet FY 2026-27 FISCAL YEAR FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Column J should reflect the most recent year (Audited Data) for which audited data is available.

A. Operating Cost $464,336 $504,559 $562,656 $547,203
B. Operating Cost Exclusions:
(Depreciation already excluded)
Reimbursement agreement (pass-thru) 2025 341.85
2024 332.945
Change 8.905
% 2.67%
C. Adjusted Operating Cost (A-B) $464,336 $504,559 $562,656 $547,203 2024 332.945
D. Revenue Vehicle Hours (RVH) 2022 310.509
Change 22.436
E. RVH Exclusions: % 7.23%
(add sheets if required)
F. Adjusted RHV (D-E) 1976 2050 2083 2255
G. Operating Cost per RVH (C/F) $234.99 $246.13 $270.12 $242.66 I. Operating Cost per RVH $234.99 $246.13 $270.12 $242.66

W X Y Z
H. % Change in CPI 2.67% Bureau of Labor Statistics, West Region; % change (i.e., CPI for FY 2017/18 is change in annual CPI be
% Change in CPI 3 prior years 7.23%
(change in annual CPI between first year of first fiscal year and last year of last fiscal year) Efficiency Standard 1:

Z must be less than or equal to (Y)*(CPI%) [CPI% = average percentage change in the CPI%] Z = $242.66 Difference: -$34.68
Y = $277.34 Percentage: -12.50%
[Y + Y * (CPI)] = $277.34
Efficiency Standard 2:
[(X + Y + Z) / 3] must be less than or equal to [(W + X + Y)/3] (3-year CPI%) [(X + Y + Z) / 3] = $252.97 Difference: -$15.54
[(W + X + Y) / 3] = $250.41 Percentage: -5.79%
[(W + X + Y) / 3] + [(W + X + Y) / 3]*CPI = $268.50
Operator qualifies under:

Standard 1:  Yes  No
Standard 2:  Yes  No
For RTPA Use Only
Form G
Line
1 Project Year (FY)
2 Claimant
3 Address
4 Contact Person Title
5 Telephone Number
6 The above named claimant hereby applies for allocations of Transportation Development Act funds for FY 2026-27 for the purposes and in the amount(s) specified below:
7 $ 18,109.00
8 Pedestrian & Bikeway Facilities (PUC 99234) $ 12,073.00 9 Article 4 Transit (PUC 99260) $ 40,000.00
10 Article 4.5 Community Transit (PUC 99275)
11 Article 8a Streets & Roads (PUC 99400a) $ 533,452.00 12 Article 8b Rail (PUC 99400b)
13 Article 8c Transit Contracts (PUC 99400c)
14 TOTAL LTF $ 603,634.00
15 Transportation Planning $ -
16 Mass Transportation $ 154,752.00
17 TOTAL STA $ 154,752.00
18 TOTAL TRANSPORTATION DEVELOPMENT ACT APPLICATION $ 758,386.00 (add lines 14 and 17)
19 By:
20 Title:
21 Date:
22 Signed:

Chief Financial Officer
23 Name:
24 Title:

Approved by MCTC:

FORM A
Authorized Official Date
130 S Second Street

MADERA COUNTY TRANSPORTATION COMMISSION

TRANSPORTATION DEVELOPMENT ACT APPLICATION SUMMARY - FORM A (All claimants must complete this document)
2026-27
City of Chowchilla
I hereby attest to the reasonableness and accuracy of the financial statements included in Documents D, E, & F. (Sec. 6632)
Joann McClendon City Clerk
(559)665-8615 x 102
Purpose
Local Transportation Fund
Regional Transportation Planning (PUC 99262 & 99402)
State Transit Assistance
Claimant acknowledges that payment by the County Auditor of an allocation made by MCTC is subject to such monies being on hand and available for distribution and to the provision that such moneys be used only in accordance with the terms of the allocation instruction issued by MCTC.

Reference: CCR Section 6630
2026-27
Transportation Services, Section 99260 (Article 4):

1. Name of Service: $ 40,000.00

2. Name of Service: $
TOTAL: $ 40,000.00
Transportation Services, Section 99400 (b,c,d) (Article 8):
$
$
$
$
TOTAL: $ -
Pedestrian and Bicycle Facilities, Section 99234 (Article 3):

1. $ 12,073.00

2. $

3. $
TOTAL: $ 12,073.00
Transportation Planning Services, Pedestrian and Bicycle Facility Construction, and Street and Road

MADERA COUNTY TRANSPORTATION COMMISSION
Application for Transportation Development Act Funds - Form A.1 Local Transportation Fund (LTF)
Fiscal Year
Applicant Agency and Project Manager:

Robin Roman
This form is to be used when making an application to use LTF funds for Public Transportation Services, Projects. All projects submitted must be included in the Regional Transportation Plan. MCTC is required to make a finding that "No unmet public transportation needs exist" in the county before this application can be approved.

FUNDING REQUEST:

CATX

1. Name of Service, Contractor: n/a

2. Name of Service, Contractor:

3. Name of Service, Contractor:

4. Name of Service, Contractor:

Project Name, if applicable
Bicycle & Pedestrian
04-26 -LTF Application
Form A.1

Page 2 ends

$ 18,109.00
$
$
TOTAL: $ 18,109.00
$ 533,452.00
GRAND TOTAL: $ 603,634.00
Date
Note:

TDA funds may be used to cover actual expenses during the fiscal year of the application only. Should carryover funds occur, MCTC should be notified for an allocation amendment.

Additional planning project or contracted transportation planning work MCTC TDA (LTF) Application Form
Transportation Planning Services, Section 99402 (Article 8):

MCTC regional transportation planning activities on behalf of member agencies Local Agency transportation planning activities (or Contracted Services) Street and Road Projects, Section 99402 (Article 8):

Article 8 Funds Requested for Street & Road Projects
Submitted By:

Signature of Local Official, Title
Date
Approved by MCTC:

Authorized Official
04-26 -LTF Application
Form A.1
2026-27
$ 154,752.00
$
$
$
$
TOTAL: $ 154,752.00
MCTC transit planning activities on behalf of member agencies. $ Local Agency transportation planning activities (or Contract Services) $ Additional planning project or contracted transportation planning work $ TOTAL: $ -
SUMMARY of PROPOSED EXPENDITURES
Transportation Services $ 154,752.00
Transportation Planning Services $ -
GRAND TOTAL: $ 154,752.00
Date
Note:

Joann McClendon

MADERA COUNTY TRANSPORTATION COMMISSION
Application for Transportation Development Act Funds - Form A.2 State Transit Assistance (STA)
Fiscal Year
Applicant Agency and Project Manager:

This form is to be used when making an application to use STA funds for Transportation Services and Transportation Planning. All projects submitted must be included in the Regional Transportation Plan.

FUNDING REQUEST:

Transportation Services:

1. Name of Service, Contractor: CATX

2. Name of Service, Contractor:

3. Name of Service, Contractor:

4. Name of Service, Contractor:
04-26 -STA Application

5. Name of Service, Contractor:

Transportation Planning Services:

Submitted By:

Signature of Local Official, Title
Approved by MCTC:

Authorized Official
TDA funds may be used to cover actual expenses during the fiscal year of the application only. Should carryover funds occur, MCTC should be notified for an allocation amendment.

Form A.2
Transit System
Line Prior Year (FY) Project Year (FY)
1 Budget Year 2026 2027
2 Total Eligible Operating Cost $ 405,050.76 $ 403,342.00 3 Estimated Fares $ 15,449.74 $ -
4 Operating Deficit (subtract Line 3 from Line 2) $ (389,601.02) $ (403,342.00) Other Operating Revenues
5 Local Taxes $ -
6 Local Transportation Fund $ 72,790.11 $ 40,000.00
7 LTF Balance from Prior Year $ -
8 State Transit Assistance Fund $ 204,299.00 $ 154,752.00 9 Federal Operating Assistance $ 111,098.00 $ 113,000.00 10 Measure T $ -
11 Other (specify): Investment Earning and $ 1,413.91
12 Other (specify): Cares and $ 91,090.00
13 Other (specify): $ 4,500.00
14 Net Surplus/(Deficit) (add Lines 5-13 to Line 4) $ - $ - Footnotes
Reference: CCR Section 6632

PROPOSED OPERATING BUDGET
(All transit claimants must complete this document)
Misc Reimburement
LCTOP Free Fare
Bus Sales /Gain
26/27
Form D.1
Line Prior Year (FY) Project Year (FY)
15 Budget Year 2026 2027
Capital Expenditures (Itemize by Project)
16 $ 99,829.98
17 $ 671,000.00
18 $ 296,723.00
19 20
21 22
23 24 Total Capital Expenditures (Add Lines 16-23) $ 99,829.98 $ 967,723.00 Capital Revenues
25 Local Taxes
26 Local Transportation Fund (LTF)
28 LTF Balance from Prior Year
29 State Transit Assistance Fund (STAF)
30 STAF Balance from Prior Year
31 Federal Capital Assistance FTA 5311 $ 266,192.00
32 Other (specify): $ 671,000.00
33 Other (specify): $ 99,829.98
34 Other (specify): $ 30,531.00
35 Other (specify):
36 Total Capital Revenues (add Lines 25-35) $ 99,829.98 $ 967,723.00 37 Net Surplus/(Deficit) (subtract Line 36 from Line 24) $ - $ -

PROPOSED CAPITAL BUDGET
(All transit claimants must complete this document)
1 New ADA Mini Van
Transit Electrification Project
One new Bus and one new van
Measure T (Match for line 18)
SB 125
SGR
Form D.2
ARTICLE 3 BIKE/PED
List the corresponding RTP project and/or page numbers.

List the corresponding local bicycle plan project and/or page numbers.

ARTICLE 4 TRANSIT
List the corresponding RTP project and/or page numbers.

PROJECT DESCRIPTION & REGIONAL TRANSPORTATION PLAN CONFORMITY (All claimants must complete this document)
Complete sections for every article under which you are applying for TDA funds.

Describe how you plan to use LTF Article 3 Bike/Ped funds. Include, as applicable, location, type of bike facility, length of project (if bike lane), construction start date, and expected date of opening.

Funds to be used throughout the City. No projects slated at this time N/A
N/A
Describe how you plan to use LTF Article 4 Transit funds. Include, as applicable, type of project, construction start date, expected date of opening.

LTF funds to be used for operational costs.

N/A
ARTICLE 4.5 COMMUNITY TRANSIT SERVICES
List the corresponding RTP project and/or page numbers.

ARTICLE 8(c) TRANSIT
List the corresponding RTP project and/or page numbers.

ARTICLE 8(b) RAIL
List the corresponding RTP project and/or page numbers.

N/A
Describe how you plan to use LTF Article 4.5 CTSA funds. Include, as applicable, type of project, construction start date, expected date of opening.

N/A
N/A
Describe how you plan to use LTF Article 8 Transit funds. Include, as applicable, type of project, construction start date, expected date of opening.

N/A
N/A
Describe how you plan to use LTF Article 8 Rail funds. Include, as applicable, type of project, construction start date, expected date of opening.

N/A
ARTICLE 8(a) STREETS AND ROADS
Describe how you plan to use LTF Article 8 Streets/Roads funds. Include, as applicable, type of project, construction start date, expected date of opening.

LTF funds to be used for operational and project cost.

Reference: CCR Section 6651
AZ 1)
Applies to all TDA claimants.

N/A 2)
RR 3)
AZ 4)
5) Applicant certifies that (initial one):

AZ a)
N/A b)
N/A c)
RR 6)
RR 7)

ATTACHMENTS MAY BE REQUIRED
Applies to Article 4.5 (CTSAs)
STANDARD ASSURANCES FOR APPLICANTS – LTF
(All claimants must complete this document)
APPLICANT ASSURANCES: Initial Each Section or Indicate N/A.

Applicant certifies it has submitted a satisfactory, independent fiscal audit, with required certification statement, to MCTC and to the State Controller, pursuant to PUC 99245 and 21 CCR 6664, for the prior fiscal year (project year minus two). Applicant also assures this audit requirement will be completed for the current fiscal year (project year minus one).

Applicant certifies that no more than 50% of the CTSA’s operating budget for the year came from LTF. Applicant also certifies that its fiscal audit contains verification of this limitation.

FY 2026-27
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Applicant certifies it has submitted an annual report, documenting agency operations, in conformance with the uniform system of accounts and records, to MCTC and to the State Controller, pursuant to PUC 99243, for the prior year (project year minus two). Applicant also assures this report will be completed for the current fiscal year (project year minus one).

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Applicant certifies it has submitted an annual report, regarding expenditure of funds received, to the State Controller, pursuant to 21 CCR 6665, for the prior year (project year minus two).

Applicant also assures this report will be completed for the current fiscal year (project year minus one).

Applies to Articles 3 (bike/ped) and 8 (streets/roads)
the current cost of its retirement system is fully funded with respect to the officers and employees of its public transportation system (PUC 99271(a)); or the operator is implementing a plan approved by MCTC which will fully fund the retirement system for such officers and employees within 40 years (PUC 99271(a)); or the operator has a private pension plan which sets aside and invests, on a current basis, funds sufficient to provide for the payment of future pension benefits and which is fully compliant with the requirements stated in PUC 99272 and 99273.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Applicant certifies that, pursuant to PUC 99264, it does not routinely staff, with two or more persons, a vehicle for public transportation purposes designed to be operated by one person.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Applicant certifies that the transit operator’s operating budget has not increased more than 15% over the preceding year, and does not include a substantial increase or decrease in scope of operations or capital budget provisions for major new fixed facilities. If the budget does include such changes, documentation is attached that identifies and substantiates the reason and need for the changes, pursuant to PUC 99266, CCR 6632(b). E.g., if there is a substantial change between the capital expenditures proposed in this application and those described in the Short Range Transit Development Plan (TDP), the applicant must provide a statement that substantiates the need for this change.

Form F
RR 8)
RR 9)
RR 10)
N/A 11)
N/A 12)
RR 13)
14)

ATTACHMENTS MAY BE REQUIRED
Signature:

Name:

Title:

Date:

ATTACHMENTS REQUIRED
Applicant certifies that attached is certification from the Department of California Highway Patrol (CHP), completed within the last 13 months, that indicates the operator is in compliance with Section 1808.1 of the Vehicle Code. Section 1808.1 of the Vehicle Code requires, among other things, that operators participate in a pull notice system for obtaining current driver records from the Department of Motor Vehicles.

ATTACHMENTS REQUIRED
Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Applicant certifies it is in compliance with PUC 99155: if it offers reduced fares to seniors, it offers the same reduced rate to disabled persons, handicapped persons, and disabled veterans, and it honors the federal Medicare card for identification to receive reduced fares.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Applicant certifies it is in compliance with PUC 99155.5: dial-a-ride and paratransit services are accessible to handicapped persons and the service is provided to persons without regard to vehicle ownership and place of residence.

Applies to Articles 4 (transit), 4.5 (CTSAs), and 8 (transit) Applicants that contract with another entity or entities for transit service certify that a copy of the contract negotiated with that entity is attached , pursuant to CCR 6630.

ATTACHMENTS REQUIRED
Applies to Articles 4 (transit) and 8 (transit)
Applicant certifies that attached to this claim is an operations plan and budget that describes existing and proposed service, and report on progress of coordination and consolidation objectives.

Applies to Article 4.5 (CTSAs)
Applicant certifies that in its TDA claim, not less than 5% of the amount claimed under Article 4 will be expended for demand-response service for the elderly and individuals with disabilities.

Applies to Articles 4 (transit) in service areas without a designated CTSA If MCTC has found that there are unmet transit needs that are reasonable to meet within its jurisdiction, the claimant certifies it has attached a summary of the actions it plans to take to meet the needs.

Applies to Article 8 (streets/roads)
The undersigned hereby certifies that the above statements are true and correct.

Form F

PRODUCTIVITY IMPROVEMENT PROGRESS REPORT

1. List the recommendations provided in your last Triennial Performance Audit and your progress toward meeting them.

Recommendation Implementation Status*
* Indicate whether the recommendation has been fully implemented, partially implemented, or not implemented.

2. For any recommendation in #1 above that has been fully implemented, describe the work your agency has undertaken to implement each performance audit recommendation.

3. For any recommendation in #1 above that has been partially implemented, describe the work your agency has undertaken to implement each performance audit recommendation and the steps it will take to fully implement the recommendation.

4. For any recommendation in #1 above that has not been implemented, explain why the recommendation has not been implemented and describe the work your agency will undertake to implement each performance audit recommendation.

5. Describe any problems encountered in implementing individual recommendations.

6. Indicate any areas where special efforts have been made in the last fiscal year to help cover costs and/or increase ridership for both fixed-route and demand responsive operations.

7. Indicate any areas where special efforts will be made in the next fiscal year to help cover costs and/or increase ridership for both fixed-route and demand responsive operations.

8. Describe the success or failure of implemented recommendations in improving transit productivity.

FORM C
REPORT TO THE City Council
Item 4.1

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Public Hearing
SUBJECT: Consideration and Adoption of a Resolution Approving the General Plan Amendment; and
Introduce and Waive the First Reading of the Zoning Map for Sites 1 through 9; and
Introduce and Waive the First Reading of Ordinance Amending the Official Zoning Map for Site 10.

PRESENTED BY: Jerome Keene, Contract Planner, QK
Denise Munoz, Community and Economic Development Director ATTACHMENTS: a. Figures (Existing and Proposed Land Use and Zoning Maps); b. Parcel Tables (Tables 1–11)
c. CEQA Notice of Exemption (NOE)
d. Public Hearing Notice
e. Ordinance – Sites 1 through 9
f. Ordinance – Site 10
g. Resolution – GPA and Notice of Exemption

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY DIRECTOR ☒ RECOMMENDATION:

At the April 15, 2026, meeting, the Planning Commission voted 4-0 with 1 abstention, to recommend the Chowchilla City Council:

1. Adopt a Resolution, General Plan Amendment (GPA 25-0806);

2. Introduce and waive the first reading of the Ordinance approving Zoning Ordinance Amendment (ZOA 25-0805) for sites 1-9;

3. Introduce and waive the first reading of Ordinance approving Zoning Ordinance Amendment No.

ZOA 25-0805 for Site 10;

4. Find that the General Plan Amendment and Zoning Ordinance Amendment (Items 1–10) are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption); and

5. Direct staff to update the General Plan Land Use Map and Official Zoning Map upon final approval.

BACKGROUND:

The proposed General Plan Amendment (GPA 25-0806) and Zoning Ordinance Amendment (ZOA 25- 0805) are intended to correct inconsistencies between existing land uses, General Plan land use designations, and zoning classifications throughout the City of Chowchilla.

Many of the inconsistencies were created through prior General Plan and Zoning Code updates adopted in 2016 and 2018. Several properties throughout the City are currently developed with uses that are inconsistent with their General Plan land use designations and zoning classifications. The proposed amendments are intended to align the City’s policy framework with existing development patterns and create internal consistency as required by State law.

General Plan Amendment (GPA 25-0806)
The proposed General Plan Amendment would modify land use designations affecting approximately 169 parcels throughout the City. The proposed amendments include:
• Service Commercial to Light Industrial (Chowchilla Boulevard) • Service Commercial to Mixed Use (Front Street, Kings Avenue, Robertson Boulevard) • Medium Density Residential to Mixed Use (Robertson Boulevard) • Medium Density Residential to Service Commercial (Ventura Avenue) • Service Commercial to Medium Density Residential (Adams Drive) • Community Commercial to Mixed Use (Genoa Lake Way)
• High Density Residential to Service Commercial (Montgomery Lake Way) The amendments are intended to reflect existing development patterns, improve consistency between planning documents, and support orderly land use administration.

Zoning Ordinance Amendment (ZOA 25-0805)
The proposed Zoning Ordinance Amendment would revise zoning classifications to ensure consistency with the amended General Plan land use designations and existing land use patterns.

Proposed zoning changes include:
• Service Commercial (C-S) to Mixed Use (MX)
• Service Commercial (C-S) to Light Industrial (LI)
• Residential to Commercial or Mixed-Use districts where appropriate • No change where zoning already conforms to the General Plan.

GENERAL PLAN/ZONING ANALYSIS
General Plan Consistency
The proposed amendments improve internal consistency between the General Plan land use designations, zoning classifications, and existing development patterns, consistent with Government Code Section 65300.5.

Zoning Consistency
The proposed rezoning ensures that zoning districts are consistent with the General Plan. The proposed zoning amendments eliminate inconsistencies between the City’s Official Zoning Map and General Plan Land Use Map and ensure compliance with State law.

Housing Element Compliance
Site 10 (APN 014-020-031), consisting of approximately 7.45-acres, is currently designated High Density Residential (HDR) and identified with the City’s adopted Housing Element inventory as a site available to accommodate lower-income housing. The proposed redesignation of the property from High Density Residential to Service Commercial would reduce the City’s inventory of land available to accommodate lower-income housing and is therefore subject to Government Code Section 65863, commonly referred to as the “No Net Loss Law.”.

To maintain compliance with State Housing Element law, the City has identified a replacement housing site through the proposed Robertson Boulevard and Road 15 Annexation Project. The annexation area consists of approximately 45.06 acres located within the City’s Sphere of Influence and designated High Density Residential. The replacement site is suitable for lower-income housing development and provides substantially greater residential development capacity than the existing Housing Element inventory site proposed for conversion.

The replacement site will maintain adequate capacity to accommodate the City’s lower-income Regional Housing Needs Allocation (RHNA) and ensure continued compliance with Government Code Section 65863.

Because Site 10 involves a Housing Element inventory site, its rezoning is being processed through a separate ordinance. The ordinance contains operative provisions delaying effectiveness until completion of the Robertson Boulevard and Road 15 Annexation and recordation of a Certificate of Completion by the Local Agency Formation Commission (LAFCo). This ensures there is no period during which the City lacks adequate residential site capacity. In the event that the annexation stalls or is not finalized due to unforeseen circumstances, the City would need to identify another site to accommodate RHNA obligations and maintain Housing Element compliance.

Conclusion
The proposed amendments correct longstanding mapping inconsistencies, reflect existing development patterns, improve administrative efficiency, and maintain compliance with State planning and housing laws. The amendments represent a logical update to the City’s land use framework and will provide greater consistency between adopted policy documents and existing conditions.

ENVIRONMENTAL REVIEW
The City is the Lead Agency for this project pursuant to California Environmental Quality Act (CEQA).

The proposed amendments are exempt from CEQA Guidelines Section 15061(b)(3), commonly known as the Common Sense Exemption. The amendments do not approve any specific development project, authorize physical construction, increase allowable development intensity beyond what is already contemplated by the General Plan, or result in any direct physical change to the environment.

The amendments primarily correct inconsistencies between existing land uses, General Plan land use designations, and zoning classifications, while reflecting existing development patterns and established uses. Any future development proposals would remain subject to applicable discretionary review and environmental review under CEQA.

Accordingly, it can be seen with certainty that there is no possibility the proposed amendments may have a significant effect on the environment.

REASON FOR RECOMMENDATION
Approval of the proposed amendments will establish consistency between the General Plan Land Use Map, Official Zoning Map, and existing land use patterns, while maintaining compliance with State housing law and supporting orderly development within the City.

FISCAL IMPACT
Fiscal impacts are limited to staff and consultant costs associated with processing the General Plan Amendment and Zoning Ordinance Amendment.

ACTIONS FOLLOWING APPROVAL
• Update the General Plan Land Use Map;
• Update the Official Zoning Map;
• File the Notice of Exemption;
• Process second reading and adoption of the zoning ordinance(s); • Implement the map amendments; and
• Monitor completion of the Robertson Boulevard and Road 15 Annexation to ensure implementation of the Site 10 rezoning upon satisfaction of all operative conditions.

Figure 1-1
Existing Land Use
Figure 1-2
Proposed Land Use
Figure 1-3
Existing Zoning
Figure 1-4
Proposed Zoning
The project involves the following proposed changes:

Chowchilla Boulevard between Prosperity Boulevard
(13 Parcels – Site 1 on Figure 1-1, 1-2, 1-3, 1-4 and Table 1-1):

Table 1-1
APN Acres
002-060-005 1.56
002-120-001 1.39
002-120-005
002-120-006 2.14
002-120-007
002-120-008
002-120-010
002-120-011 2.49
002-120-012 0.11
002-180-001 0.63
002-180-002 1.88
002-180-003 0.89
002-180-004 1.66
Front Street to 1st Street between Trinity Avenue and Colusa Avenue (41 Parcels - Site 2 on Figure 1-1, 1-2, 1-3, 1-4 and Table 2-1):

Table 2-1
APN Acres
002-116-013 0.16
002-116-003 0.24
002-116-004 0.24
002-056-014 0.16
002-056-023 0.16
002-115-004 0.16
002-115-012 0.08
002-116-014 0.16
002-056-021 0.16
002-056-015 0.08
002-116-010 0.16
002-115-009 0.16
002-115-010 0.16
002-116-009 0.16
002-056-005 0.16
002-056-012 0.16
002-115-016 0.32
002-056-019 0.13
002-116-012 0.16
002-056-009 0.06
002-115-007 0.16
002-115-014 0.16
002-115-013 0.16
002-116-011 0.16
002-056-018 0.12
002-115-015 0.16
002-115-003 0.16
002-115-002 0.16
002-115-005 0.16
002-116-005 0.08
002-116-006 0.16
002-116-007 0.32
002-115-011 0.08
002-056-003 0.16
002-056-004 0.16
002-056-022 0.13
002-056-013 0.08
002-056-010 0.06
002-056-011 0.06
002-175-001 2.06
002-056-020 0.06
South Side of Robertson Boulevard between 6th Street and 11th Street (22 Parcels – Site 3 on Figure 1-1, 1-2, 1-3, 1-4 and Table 3-1):

Table 3-1
APN Acres
002-041-002 0.32
002-041-002 0.16
002-041-007 0.48
002-037-010
002-037-011 0.40
002-037-012 0.32
002-035-006 0.16
002-035-005 0.16
002-035-004 0.16
002-035-003 0.16
002-035-002 0.16
002-035-001 0.16
022-033-010 0.16
022-033-009 0.16
002-033-002 0.29
002-033-011 0.16
002-033-012 0.16
002-031-002 0.24
002-031-008
002-031-009 0.08
002-031-016 0.32
002-031-015 0.16
North Side of Robertson Boulevard between 15th Street and 7th Street (33 Parcels - Site 4 on Figure 1-1, 1-2, 1-3, 1-4 and Table 4-1):

Table 4-1
APN Acres
001-112-006 0.48
001-112-007 0.16
001-118-004 0.16
001-118-006 0.32
001-118-007 0.32
001-104-025 0.32
001-104-016 0.16
001-104-020 0.16
001-102-014 0.33
001-102-022 0.16
001-102-018 0.32
001-102-024 0.16
001-104-017 0.32
001-114-010 0.18
001-116-006 0.16
001-118-005 0.16
001-104-023 0.16
001-114-005 0.23
001-104-021 0.16
001-102-023 0.16
001-102-013 0.7
001-114-009 0.3
001-116-003 0.16
001-104-015 0.16
001-104-019 0.16
001-102-015 0.16
001-112-011 0.14
001-112-012 0.17
001-116-013 0.32
001-104-018 0.16
001-104-024 0.32
001-114-006 0.25
001-102-021 0.16
South Side of Kings Avenue between 15th Street and 7th Street (45 Parcels – Site 5 on Figure 1-1, 1-2, 1-3, 1-4 and Table 5-1):

Table 5-1
APN Acres
001-112-001 0.16
001-112-003 0.16
001-112-004 0.16
001-112-009 0.16
001-114-002 0.27
001-114-003 0.2
001-116-016 0.16
001-116-017 0.16
001-116-014 0.16
001-116-012 0.16
001-102-011 0.16
001-104-002 0.16
001-104-004 0.16
001-104-009 0.16
001-104-012 0.24
001-112-002 0.16
001-118-008 0.24
001-104-005 0.16
001-104-006 0.16
001-116-015 0.32
001-118-009 0.24
001-102-004 0.16
001-102-012 0.16
001-104-010 0.24
001-102-006 0.16
001-114-004 0.16
001-104-003 0.16
001-118-002 0.16
001-118-010 0.18
001-102-020 0.16
001-104-001 0.16
001-104-011 0.16
001-102-005 0.16
001-102-007 0.16
001-112-010 0.16
001-114-001 0.32
001-118-011 0.18
001-102-003 0.16
001-102-009 0.16
001-104-007 0.16
001-104-008 0.16
001-102-001 0.14
001-102-019 0.16
001-102-008 0.16
001-102-010 0.16
Northeast Corner of Ventura Avenue and Hospital Drive
(1 Parcel – Site 6 on Figure 1-1, 1-2, 1-3, 1-4 and Table 6-1):

Table 6-1
APN Acres
001-180-021 0.78
South Side of Robertson Boulevard between 13th Street and 15th Street (6 Parcels – Site 7 on Figure 1-1, 1-2, 1-3, 1-4 and Table 7-1):

Table 7-1
APN Acres
002-023-013 0.16
002-023-003 0.16
002-023-002 0.15
002-021-003 0.30
002-021-002 0.29
002-021-001 0.27
Adam Drive between Robertson Boulevard and Vernal Drive (1 Parcel – Site 8 on Figure 1-1, 1-2, 1-3, 1-4 and Table 8-1):

Table 8-1
APN Acres
002-220-086 0.26
Genoa Lake Way between Robertson Boulevard and Mission Avenue (6 Parcel – Site 9 on Figure 1-1, 1-2, 1-3, 1-4 and Table 9-1):

Table 9-1
APN Acres
014-260-003 0.92
014-260-004 0.90
014-260-005 0.90
014-260-006 0.90
014-260-007 0.91
014-020-018 20.00
Corner of Montgomery Lake Way and S. Genoa Lake Way
(1 Parcel – Site 10 on Figure 1-1, 1-2, 1-3, 1-4 and Table 10-1):

Table 10-1
APN Acres
014-020-031 7.45
There is no development projects proposed in conjunction with General Plan Amendment and Rezone Items 1 through 10. The proposal is a map, and text amendments are only intended to align existing land use patterns with the City’s adopted land use policy framework.

CITY OF CHOWCHILLA

CITY COUNCIL

NOTICE OF PUBLIC HEARINGS
Notice is hereby given that the City Council of the City of Chowchilla, California, will hold four public hearings on Tuesday, June 9, 2026, at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza. Items to be considered include:

General Plan, Zoning, and Specific Plan Amendment for the Rancho Calera and Tentative Subdivision Map No. 25-0878 and the Amended Initial Study/Mitigated Negative Declaration (IS/MND), Chowchilla, CA 93610
City Council will consider a request by Pembrook Development for a Specific Plan Amendment, General Plan Amendment, Zoning Map Amendment, TSM 25-0878 and the accompanied amended IS/MND.

AND
Tentative Parcel Map No. 25-0030 & Notice of Exemption (NOE) for 705.S. 3rd Street, Chowchilla, CA 93610
City Council will also consider a request from Markus Czirban to consider TPM25-0030 and the accompanied NOE for the property located at 705 S. 3rd Street, Chowchilla, CA.

AND
Pre-Zoning, Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and Approval of Annexation Application to Madera Local Agency Formation Commission (LAFCo)
City Council will also consider the pre-zoning, MND, MMRP and submission of an annexation application to Madera LAFCo for approximately 53.24 acres located on the southwest corner of Robertson Blvd. and Road 15.

AND
General Plan Land Use Amendment, Zoning Amendments and Noe for 169 Parcels City Council will consider General Plan Amendment and Zoning Ordinance Amendments to develop consistency between existing established land uses, the General Plan land use designations, zoning map, and accompanying NOE for the following properties:

Chowchilla Boulevard APNs: 002-060-005, 002-120-001, 002-120-005, 002-120-006, 002-120- 060, 002-120-008, 002-120-010, 002-120-011, 002-120-012, 002-180-001, 002-180-002, 002- 1800-003, 002-180-004.

Front Street APNs: 002-116-013, 002-116-003, 002-116-004, 002-056-014, 002-056-014, 002- 115-004, 002-115-012, 002-116-014, 002-056-021, 002-056-015, 002-116-010, 002-115-009, 002-115-010, 002-116-009, 002-056-005, 002-056-012, 002-115-016, 002-056-009, 002-115- 007, 002-115-014, 002-115-013, 002-116-011, 002-056-018, 002-115-015, 002-115-003, 002- 115-002, 002-115-005, 002-116-006, 002-116-007, 002-115-011, 002-056-003, 002-056-004, 002-056-022, 002-056-013, 002-056-010, 002-056-011, 002-175-001, and 002-056-020.

Southeast and southwest Robertson Boulevard APN’s: 002-041-002, 002-041-007, 002-041- 007, 002-037-010, 002-037-011, 002-037-012, 002-035-006, 002-035-005, 002-035-004, 002- 035-003, 002-035,002, 002-035-001, 002-033-010, 002-033-009, 002-033-002, 022-033-011, 002-033-012, 002-031-002, 002-031-008, 002-031-009, 002-031-016, 002-015, 002-023-013, 002-023-003, 002-023-002, 002-021-003, 002-021-002, and 002-021-001.

Northwest and northeast Robertson Boulevard APNs: 001-112-006, 001-112-007, 001-118-004, 001-118-006, 001-118-007, 001-104-025, 001-104-016, 001-104-020, 001-102-014, 001-102- 022, 001-102-018, 001-102-024, 001-104-017, 001-114-010, 001-116-006, 001-118-005, 001- 104-023, 001-114-005, 001-104-021, 001-102-023-, 001-102-013, 001-114-009, 001-116-003, 001-104-015, 001-104-019, 001-102-015, 001-112-011, 001-112,012, 001-116-013, 001-104- 018, 001-104-024, 001-114-006, and 001-102-021.

Kings Avenue APNs: 001-112-001, 001-112-003, 001-112-004, 001-112-009, 001-114-002, 002-114-003, 001-116-016, 001-116-017, 001-116-014, 001-116-012, 001-102-001, 001-104- 002, 001-104-004, 001-104-009, 001-104-012, 001-112-002, 001-118-008, 001-104-005, 001- 104-006, 001-116-016, 001-118-009, 001-102-004, 001-102-012, 001-104-010, 001-102-006, 001-114-004, 001-104-003, 001-118-002, 001-118-003, 001-118-002, 001-118-010, 001-102- 020, 001-104-001, 001-104-011, 001-102-005, 001-102-007, 001-112-010, 001-114-001, 001- 118-011, 001-102-003, and 001-102-009.

Ventura Avenue APN 001-180-021.

Adams Drive APN 002-220-086.

Genoa Lake Way APNs 014-260-003, 014-260-004, 014-260-005, 014-260-006, 014-260-007, and 014-020-118.

Montgomery Lay Way and Genoa Lake Way APN 014-020-031.

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 Denise Munoz, 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 Planning Commission at, or prior to, the Public Hearing.

Denise Munoz
Director of Community & Economic Development Department (559) 665-8615 ext. 400 [email protected]
COUNCIL RESOLUTION # XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT (GPA 25-0806)
WHEREAS, the City of Chowchilla has initiated General Plan Amendment (GPA 25-0806) (the “Project”) to amend land use designations affecting approximately 169 parcels throughout the City; and
WHEREAS, the purpose of the amendment is to correct inconsistencies between existing land uses, General Plan land use designations, and zoning classifications; and WHEREAS, the proposed amendments are intended to reflect existing development patterns and support orderly future growth consistent with the City’s long-term planning framework; and
WHEREAS, the City Council has reviewed the staff report, supporting documents, and all evidence presented at a duly noticed public hearing; and WHEREAS, the City Council has considered all oral and written testimony presented regarding the proposed amendment; and
WHEREAS, the City Council finds that the proposed General Plan Amendment is consistent with the overall goals and policies of the General Plan and will promote internal consistency as required by Government Code Section 65300.5; and WHEREAS, the City Council finds that the proposed General Plan Amendment promotes the public health, safety, and welfare by aligning regulatory designations with actual land uses, reducing nonconforming conditions, and providing clear development standards; and WHEREAS, the City Council finds the proposed changes reflect established development patterns and support orderly growth consistent with the City’s long-term planning objectives; and WHEREAS, the City Council finds the amendment complies with Government Code Section 65863 (No Net Loss Law) as any reduction in residential capacity is offset by identification of a replacement site that maintains or exceeds lower-income housing capacity; and WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.

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

1. The foregoing recitals are true and correct and are incorporated by reference herein as findings of the City Council of the City of Chowchilla; and

2. The Project is exempt from CEQA pursuant to Section 15061, subdivision (b)(3), of Title 14, of the California Code of Regulations as it can be seen with certainty that the Project will not have a significant effect on the environment; and 3 General Plan Amendment (GPA 25-0806) to redesignate the land use classifications for approximately 169 parcels as described in the staff report and associated exhibits is hereby approved; and

4. Staff is directed to prepare the necessary General Plan maps and documentation reflecting the approved amendments.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
ORDINANCE # XXX-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA APPROVING ZONING MAP AMENDMENT NO. ZOA 25-0805 AMENDING THE OFFICIAL ZONING MAP

OF THE CITY OF CHOWCHILLA FOR CERTAIN PROPERTIES CITYWIDE WHEREAS, the City of Chowchilla has initiated General Plan Amendment No. GPA 25- 0805 and Zoning Ordinance Amendment No. ZOA 25-0806 (the “Project”) to ensure consistency between the City's General Plan Land Use Map and Official Zoning Map; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 15, 2026, and adopted Resolution No. PC-26- recommending approval of Zoning Ordinance Amendment No. ZOA 25-0805; and
WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026 at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered all testimony and evidence presented regarding the proposed zoning map amendments; and WHEREAS, the City Council determined that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), Common Sense Exemption.

WHEREAS, the City has evaluated ten (10) properties as part of General Plan Amendment No. GPA 25-0806 and Zoning Ordinance Amendment No. ZOA 25-0805; and WHEREAS, the zoning amendments applicable to Sites 1 through 9 are independent of the City's Housing Element inventory and may be implemented immediately; and WHEREAS, the proposed zoning amendment applicable to Site 10 involves a Housing Element inventory site and is being processed under a separate ordinance to ensure continued compliance with Government Code Section 65863 (No Net Loss Law).

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

SECTION 1. Incorporation of Recitals
The foregoing recitals are true and correct and are incorporated herein as findings of the City Council.

SECTION 2. CEQA Exemption
The City Council finds that the project is exempt from CEQA pursuant to Section 15061, subdivision (b)(3), of Title 14, of the California Code of Regulations as it can be seen with certainty that the Project will have a significant effect on the environment.

SECTION 3. Findings for Zoning Amendment
A. The proposed zoning amendments are consistent with the goals, policies, and land use designations of the City of Chowchilla General Plan.

B. The proposed zoning amendments promote orderly growth and development and protect the public health, safety, and welfare.

C. The proposed zoning amendments are consistent with Chapter 18 of the Chowchilla Municipal Code and applicable provisions of California law.

D. The zoning amendments approved herein do not reduce the residential capacity of any site identified in the City's Housing Element inventory for lower-income housing needs.

SECTION 4. Amendment to Official Zoning Map.

The Official Zoning Map of the City of Chowchilla is hereby amended as identified in Exhibit "A," attached hereto and incorporated herein by this reference.

SECTION 5. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

SECTION 6. Effective Date.

This ordinance shall take effect thirty (30) days after its adoption.

SECTION 7. Publication.

The City Clerk shall certify to the adoption of this ordinance and shall cause it to be published in accordance with state law.

INTRODUCED at a regular meeting of the City Council of the City of Chowchilla held on the 9th day of June 2026.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Chowchilla held on the ___ day of __________, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
ORDINANCE # XXX-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA APPROVING ZONING ORDINANCE AMENDMENT NO. ZOA 25-0806 FOR SITE 10, AMENDING THE OFFICIAL ZONING MAP TO REZONE APN 014-020-031 FROM HIGH DENSITY

RESIDENTIAL (HDR) TO SERVICE COMMERCIAL (SC), SUBJECT TO CONDITIONS ENSURING COMPLIANCE WITH GOVERNMENT CODE SECTION 65863
WHEREAS, the City of Chowchilla has initiated General Plan Amendment No. GPA 25- 0806 and Zoning Ordinance Amendment No. ZOA 25-0806 (the “Project”) to maintain consistency between the General Plan Land Use Map and Official Zoning Map; and WHEREAS, Site 10, identified as Assessor Parcel Number 014-020-031, is currently designated High Density Residential (HDR) in the General Plan and zoned High Density Residential (RHD); and
WHEREAS, Site 10 is identified within the City’s adopted Housing Element land inventory as a site available to accommodate residential development, including housing affordable to lower-income households; and
WHEREAS, the City has received a request to amend the General Plan land use designation and zoning classification of Site 10 to allow Service Commercial development; and WHEREAS, Government Code Section 65863 requires the City to maintain adequate residential site capacity throughout the Housing Element planning period and prohibits a net loss of residential capacity without identification of adequate replacement capacity; and WHEREAS, the City has concurrently approved General Plan Amendment No. GPA 25- 0806, the Chowchilla Court Annexation application, and pre-zoning actions establishing replacement residential capacity on property located within the proposed Chowchilla Court Annexation Area; and
WHEREAS, the City Council finds that the replacement site will provide residential development capacity equal to or greater than the capacity lost through the rezoning of Site 10; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 14, 2026, and adopted Resolution No. PC-26- recommending approval of the proposed rezoning; and
WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026, at which time all interested persons were given the opportunity to be heard and all evidence and testimony were considered; and
WHEREAS, the City Council has determined that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), Common Sense Exemption, because it can be seen with certainty that there is no possibility the zoning amendment will have a significant effect on the environment.

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

SECTION 1. Findings.

The City Council hereby finds and determines:

A. The foregoing recitals are true and correct and are incorporated herein by reference.

B. The Project is exempt from CEQA pursuant to Section 15061, subdivision (b)(3), of Title 14. pf the California Code of Regulations as it can be seen with certainty that the Project will not have a significant effect on the environment.

B. The proposed zoning amendment is consistent with the goals, policies, and implementation measures of the City of Chowchilla General Plan, as amended by General Plan Amendment No.

GPA 25-0806.

C. The proposed zoning amendment promotes orderly growth, economic development opportunities, and the public health, safety, and welfare.

D. Site 10 is identified in the Housing Element land inventory, and the proposed rezoning would reduce the residential capacity previously assigned to the site.

E. The City has identified replacement residential capacity through the Chowchilla Court Annexation project and associated pre-zoning actions.

F. Upon completion of annexation and effectiveness of the replacement zoning, the City will maintain adequate residential site capacity consistent with Government Code Section 65863.

G. The City will maintain compliance with all applicable Housing Element and No Net Loss requirements.

SECTION 2. Amendment to Official Zoning Map.

Subject to Section 4 of this Ordinance, the Official Zoning Map of the City of Chowchilla is hereby amended to rezone Assessor Parcel Number 014-020-031 from High Density Residential (RHD) to Service Commercial (SC).

SECTION 3. Notice of CEQA Exemption.

In accordance with the City Council’s finding that the Project is exempt from CEQA, the City Clerk is authorized and directed to file a Notice of Exemption.

SECTION 4. Conditions Precedent to Operative Effect.

Although this Ordinance shall become effective in accordance with California law, the zoning map amendment authorized by Section 2 shall not become operative unless and until all the following conditions have been satisfied:

A. The Chowchilla Court Annexation has been approved by the Local Agency Formation Commission (LAFCo);
B. A Certificate of Completion for the annexation has been recorded by the Executive Officer of LAFCo;
C. The annexation territory has become incorporated into the City of Chowchilla; D. The pre-zoning approved for the annexation territory has become operative and effective; E. The replacement of residential site within the annexation territory remains designated and zoned to accommodate residential development at a capacity equal to or greater than the capacity removed from Site 10; and
F. The Community Development Director determines that the City continues to maintain adequate residential site capacity in compliance with Government Code Section 65863.

SECTION 5. Certification of Operative Date.

Upon satisfaction of the conditions set forth in Section 4, the Community Development Director shall provide written notice to the City Clerk. The City Clerk shall record the date upon which the zoning amendment becomes operative, and the Official Zoning Map shall thereafter be updated accordingly.

SECTION 6. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

SECTION 7. Effective Date.

This Ordinance shall take effect thirty (30) days after its adoption. Notwithstanding the foregoing, the zoning amendment authorized herein shall not become operative until all conditions identified in Section 4 have been satisfied.

SECTION 8. Publication.

The City Clerk shall certify the adoption of this Ordinance and shall cause it to be published in accordance with California law.

INTRODUCED at a regular meeting of the City Council of the City of Chowchilla held on the 9th day of June 2026.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Chowchilla held on the ___ day of __________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
REPORT TO THE City Council
Item 4.2

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Public Hearing
SUBJECT: Public Hearing to Consider and Adopt Resolution Approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program under the California Environmental Quality Act and the Submittal of Annexation Application for approximately 45.06 Acres located on Robertson Blvd. and Road 15 (APNs: 026-233-007, -008, -009, and -010); and Introduce and Waive the First Reading of an Ordinance for the Pre-zoning of the Annexation Area to High Density Residential
PREPARED BY: Jerome Keene, Contract Planner, QK
Denise Munoz, Community and Economic Development Director ATTACHMENTS: 1. Resolution PC #26-11

2. Resolution PC #26-12

3. Annexation Map & Legal Description

4. Draft Mitigated Negative Declaration (MND) & Mitigated Monitoring and Reporting Program (MMRP)

5. Public Hearing Notice

6. Pre-zone Ordinance

7. Resolution – CEQA Determination for ISMND and MMRP

REVIEWED BY
ADMINISTRATOR ☒ REVIEWED BYATTORNEY ☒ REVIEWED BY DIRECTOR ☒ STAFF RECOMMENDATION:

At the May 27, 2026, meeting, the Planning Commission provided a unanimous vote to adopt a resolution, recommending that the City Council:

1. Introduce and waive the first reading of an Ordinance approving the pre-zoning of the approximately

45.06 acres located on Robertson Boulevard and Road 15 as High Density Residential.

2. Adopt a Resolution approving the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program MMRP; and authorizing submission of an annexation application to the Madera Local Agency Formation Commission.

BACKGROUND:

The City received an application requesting the annexation of approximately 45.06 acres located along the south side of Robertson Boulevard at Road 15 into the City of Chowchilla. The 45.06 acres is contiguous to the city limits, within the City’s sphere of influence, identified in the City’s General Plan with a land use designation of High Density Residential, and therefore is eligible for annexation through the Madera Local

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Agency Formation Commission (LAFCo). It should be noted that the City and County of Madera do not currently have a Tax Sharing Agreement, thus, this project would be subject to the property tax negotiation process under Revenue and Tax Code Section 99 until an agreement is approved by both agencies.

Urban services can be extended efficiently and are currently designed for urban development. A condition for the submittal of an application for annexation requires that the receiving jurisdiction pre-zoning the land to be annexed to reflect its intended use. The proposed pre-zoning of the annexation area to High Density Residential (R-H), is consistent with the City’s General Plan Land Use designation of High Density Residential, as required under Government Code §56375, consistent with local LAFCo policies and Government Code §56668.

Public services, including water, sewer, storm drainage, and police and fire protection, will be provided by the City upon annexation. A plan for service will be submitted to LAFCo as part of the annexation application. No development approvals are being requested at this time. Future development will require separate discretionary approvals; and will be subject to CEQA review as required by law; however, the environmental effects of the proposed annexation and anticipated residential development have been evaluated in the proposed MND and MMRP.

Key considerations:
• No development entitlements are approved at this stage. • The California Environmental Quality Act (CEQA) appropriately analyzes the annexation and land use designation.
• Maintains the City’s compliance with “no net loss” provisions of Government Code Section 65863. • Subject to the property tax negotiation process under Revenue and Tax Code Section 99 until a Tax Sharing Agreement is approved by the County of Madera and the City.

Public hearing notice was provided in accordance with the Chowchilla Municipal Code:
• Published in a newspaper of general circulation.
• Mailed to property owners within 300 feet.
• Posted as required.

GENERAL PLAN AND ZONING ANALYSIS
General Plan Consistency
The proposed annexation facilitates the orderly and logical expansion of the City’s jurisdiction consistent with the City’s Sphere of Influence. The City’s existing General Plan identifies the land use designation of the subject site as high-density residential; therefore, no General Plan Amendment is required.

Zoning Consistency
The proposed pre-zoning ensures the zoning district is consistent with the General Plan, as required by State law and LAFCo requirements. Pursuant to Government Code Section 56375 and Madera LAFCo policies, territory proposed for annexation must be pre-zoned by the receiving jurisdiction prior to annexation. The proposed ordinance establishes High Density Residential zoning for the annexation area, which will become operative upon completion of annexation.

Housing Element Compliance
The proposed annexation is intended to maintain compliance with State Housing Element law and the "No Net Loss" provisions of Government Code Section 65863. As part of a concurrent General Plan Amendment and Zoning Ordinance Amendment, a 7.28-acre site identified in the City's Housing Element inventory as High Density Residential (HDR) (Site 10, as shown on the attached land use and zoning maps) is proposed to be redesignated and rezoned to Service Commercial. The conversion of this site

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would reduce the City's inventory of land available to accommodate lower-income housing and therefore requires identification of adequate replacement capacity.

To offset the loss of residential capacity, the City is concurrently pursuing the annexation and pre-zoning of approximately 45.06 acres for High Density Residential development. This site is identified as a suitable replacement property to accommodate affordable housing, as required in the Housing Element land inventory, and provides greater residential development capacity than the prior identified. The replacement site will ensure that the City maintains adequate capacity to accommodate its Regional Housing Needs Allocation (RHNA).

To ensure continuous compliance with Government Code Section 65863, the ordinance approving the rezoning of Site 10 from High Density Residential to Service Commercial contains provisions delaying its effective date until this annexation has been completed through the recordation of a Certification of Completion by the Executive Officer of the Local Agency Formation Commission (LAFCo). Upon completion of the annexation, the replacement housing site will become part of the City of Chowchilla, and the City will maintain adequate residential site capacity consistent with State Housing Element law.

ENVIRONMENTAL REVIEW
The City is the Lead Agency for this Project pursuant to CEQA Guidelines (Public Resources Code [PRC] Section 15000, et seq.), and prepared an Initial Study and Mitigated Negative Declaration (MND) in accordance with CEQA. The MND concluded that all potentially significant impacts can be mitigated to less-than-significant levels and a Mitigation Monitoring and Reporting Program (MMRP) document was prepared pursuant to CEQA Guidelines §1 5097. The MND was circulated in compliance with CEQA Guidelines § 15073 and posted for a 30-day review/comment period from March 31, 2026, to April 30, 2026. Comments were received from the San Juaquin Valley Air Pollution Control District and have been addressed. The document reflects the independent judgment of the City.

REASON FOR RECOMMENDATION:

Approval of the proposed pre-zoning, MND, MMRP and submittal of the annexation application to the Madera Local Agency Formation Commission will ensure consistency with the General Plan, while maintaining compliance with State housing law and support orderly development within the City.

The MND demonstrates that all potential environmental impacts associated with annexation and future development can be mitigated to a less-than-significant level. The MND has been prepared in compliance with the California Environmental Quality Act and reflects the independent judgment of the City.

Finally, the annexation is consistent with the factors set forth in Government Code §56668, as it promotes orderly growth, logical boundary adjustments, and efficient service delivery.

For these reasons, the staff finds the project to be consistent with applicable laws and policies and recommends approval.

FISCAL IMPACT:

No Fiscal Impact. All expenses are covered by the applicant.

ACTIONS FOLLOWING APPROVAL:
• File Notice of Determination.
• Publish and process the pre-zoning ordinance for second reading. • Submit annexation application package to Madera LAFCo. • Coordinate preparation of property tax exchange agreement. • Participate in LAFCo proceedings.

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PLANNING COMMISSION RESOLUTION #26-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHOWCHILLA

RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION

AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ROBERTSON BOULEVARD AND ROAD 15 ANNEXATION PROJECT (APNs: 026-233-007, -008, -009, and -010) WHEREAS, the City of Chowchilla (the “City”) is the Lead Agency for the project pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code §21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.); and WHEREAS, the project consists of the annexation of approximately 45.06 acres located at the southwest corner of Robertson Boulevard and Road 15 (APNs: 026-233-007, -008, -009, and -010) into the City of Chowchilla, including pre-zoning and future residential development consistent with the City’s General Plan; and
WHEREAS, the project site is located within the City’s Sphere of Influence and is designated for urban residential development, and no General Plan Amendment is required; and WHEREAS, an Initial Study was prepared in accordance with CEQA Guidelines §15063 to evaluate the potential environmental impacts of the proposed project; and WHEREAS, based upon the Initial Study, a Mitigated Negative Declaration (“MND”) was prepared pursuant to CEQA Guidelines §15070, which determined that, with implementation of mitigation measures, the project would not have a significant effect on the environment; and WHEREAS, a Mitigation Monitoring and Reporting Program (“MMRP”) was prepared pursuant to CEQA Guidelines §15097 to ensure that all mitigation measures identified in the MND are implemented; and
WHEREAS, the MND was circulated for public review and comment for a period of not less than 30 days, from March 31, 2026, through April 30, 2026, through the State Clearinghouse and locally in accordance with CEQA Guidelines §15073; and
WHEREAS, all public comments received during the review period have been considered and addressed, and no new significant impacts or substantial increases in severity of impacts have been identified; and
WHEREAS, the Planning Commission has reviewed and considered the Initial Study, the MND, the MMRP, the staff report, and all oral and written testimony presented at the duly noticed public hearing held on May 20, 2026.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chowchilla hereby recommends that the City Council take the following actions:

Section 1. Adoption of Findings. The foregoing recitals are true and correct and are incorporated herein by this reference, including the following.

A. The Planning Commission finds that the MND reflects the independent judgment and analysis of the City as Lead Agency.

B. The Planning Commission finds that there is no substantial evidence in the record that the project, as mitigated, may have a significant effect on the environment.

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C. The Planning Commission finds that the MND and MMRP have been prepared in compliance with CEQA, the CEQA Guidelines, and the City’s environmental review procedures.

Section 2. Recommendation to Adopt MND. The Planning Commission recommends that the City Council adopt the MND for the Robertson Boulevard and Road 15 Annexation Project in accordance with CEQA Guidelines §15074.

Section 3. Recommendation to Adopt MMRP. The Planning Commission recommends that the City Council adopt the MMRP in accordance with CEQA Guidelines §15097.

Section 4. Environmental Determination. The Planning Commission finds that, on the basis of the whole record before it, there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment.

Section 5. Record of Proceedings. The documents and materials that constitute the record of proceedings upon which this decision is based are located at the City of Chowchilla Community Development Department, 130 S. 2nd Street, Chowchilla, California.

PASSED AND ADOPTED by the Planning Commission of the City of Chowchilla at a regular meeting held on the 27th day of May, 2026, by the following vote:

AYES: 5 – Hale, Plascencia, Vander Dussen, Wallen, Salter NOES: 0
ABSENT: 0
ABSTAIN: 0

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PLANNING COMMISSION RESOLUTION #26-12

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHOWCHILLA, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL APPROVE AND SUBMIT AN ANNEXATION

APPLICATION TO THE MADERA LOCAL AGENCY FORMATION COMMISSION FOR THE ROBERTSON BOULEVARD AND ROAD 15 ANNEXATION PROJECT (APNs: 026-233-007, -008, - 009, -010)
WHEREAS, the City of Chowchilla (the “City”) has received a request to annex approximately 45.06 acres of land located at the southwest corner of Robertson Boulevard and Road 15, identified as Assessor’s Parcel Numbers 026-233-007, -008, -009, and -010 (the “Project Site”), which is currently located within unincorporated Madera County; and
WHEREAS, the Project Site is located within the City’s Sphere of Influence as adopted by Madera Local Agency Formation Commission and is therefore eligible for annexation into the City pursuant to Government Code §56375; and
WHEREAS, the Project Site is contiguous to the existing City limits and represents a logical and orderly extension of the City’s municipal boundary; and WHEREAS, the Project Site has been previously pre-zoned to High Density Residential (R-H), ensuring consistency with the City’s General Plan and satisfying LAFCo requirements; and WHEREAS, the Project Site is designated for urban residential uses under the City’s General Plan, and no General Plan Amendment is required; and
WHEREAS, the annexation supports the City’s compliance with Government Code §65863 (No Net Loss), maintaining and enhancing residential development capacity through the facilitation of:
• Approximately 154 units to accommodate reginal housing needs allocation (RHNA) and WHEREAS, the annexation supports the City’s compliance with Government Code §65863 (No Net Loss), maintaining and enhancing residential development capacity; and WHEREAS, the City, as Lead Agency under the California Environmental Quality Act (CEQA), has prepared a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the project, which evaluates annexation and associated land use actions at a programmatic level; and
WHEREAS, the City, as Lead Agency under CEQA (Public Resources Code §21000 et seq.), has prepared a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the project, which evaluates annexation and associated land use actions at a programmatic level; and
WHEREAS, the Planning Commission has separately considered the MND and MMRP and finds them adequate for the purposes of LAFCo’s consideration as a Responsible Agency pursuant to CEQA Guidelines §15096; and
WHEREAS, the City will submit a Plan for Services to LAFCo demonstrating the availability, capacity, and timing of municipal services to the Project Site; and WHEREAS, the Planning Commission has reviewed the staff report, the proposed annexation, and all oral and written testimony presented at a duly noticed public hearing on May 20, 2026; and

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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chowchilla hereby recommends that the City Council take the following actions:

Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference as findings of the Planning Commission.

Section 2. Recommendation to Approve Annexation Application. The Planning Commission recommends that the City Council approve the annexation of the Project Site and authorize submittal of a complete application to the Madera Local Agency Formation Commission.

Section 3. Consistency with Government Code §56668. The Planning Commission finds that the proposed annexation is consistent with the factors set forth in Government Code §56668, as follows:

A. Orderly Growth and Development
The annexation promotes orderly growth by incorporating land within the City’s Sphere of Influence into the City’s jurisdiction in a manner consistent with adopted land use plans.

B. Logical Boundary Adjustment
The Project Site is contiguous to the City and represents a logical extension of the City’s boundary, avoiding irregular boundaries and promoting efficient governance.

C. Availability and Adequacy of Services
The City is capable of providing municipal services to the Project Site, including:
• Water supply and distribution
• Wastewater collection and treatment
• Storm drainage
• Police and fire protection
• Solid waste and other municipal services
Infrastructure can be extended in an efficient and orderly manner, and service demands will be addressed through development impact fees and project-specific improvements.

D. Fiscal Effects and Revenue Neutrality
The annexation is not expected to create adverse fiscal impacts. Future development will contribute to the City’s tax base and will fund required infrastructure and services through applicable fees and assessments. Any property tax exchange agreement required by LAFCo will be addressed prior to annexation approval.

E. Consistency with General Plan and Zoning
The annexation is consistent with the City’s General Plan and zoning regulations. Pre-zoning to High Density Residential ensures compliance with LAFCo requirements and internal consistency under Government Code §65300.5.

F. Housing Needs and Regional Obligations
The annexation supports the City’s ability to meet its Regional Housing Needs Allocation (RHNA), particularly for lower-income households, and complies with Government Code §65863 (No Net Loss) by maintaining and enhancing residential development capacity.

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G. Agricultural and Open Space Considerations
The annexation converts land planned for urban development within the Sphere of Influence and does not result in the premature or unnecessary conversion of agricultural lands inconsistent with regional planning objectives.

H. Disadvantaged Communities and Equity
The annexation supports equitable housing opportunities, including the provision of 100% affordable multifamily housing, and does not adversely impact disadvantaged communities.

Section 4. CEQA Determination for LAFCo Use
The Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adequately evaluates the environmental impacts of the annexation and associated land use actions and are appropriate for use by LAFCo as a Responsible Agency pursuant to CEQA Guidelines §15096.

Section 5. Authorization to Prepare and Submit Application The Planning Commission recommends that the City Council direct staff to:
• Prepare and submit a complete annexation application to the Madera Local Agency Formation Commission.
• Include a Plan for Services, CEQA documentation, and all required supporting materials. • Coordinate with LAFCo staff and affected agencies to process the annexation.

Section 6. Record of Proceedings
The record of proceedings upon which this recommendation is based is located at the City of Chowchilla Community Development Department, 130 S. Second Street, Chowchilla, California.

PASSED AND ADOPTED by the Planning Commission of the City of Chowchilla at a special meeting held on the 27th day of May, 2026, by the following vote:

AYES: 5 - Hale, Plascencia, Vander Dussen, Wallen, Salter NOES: 0
ABSENT: 0
ABSTAIN: 0

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ATTACHMENT 1

ANNEXATION MAP

PROPOSED ANNEXATION
South side of Robertson Boulevard on both sides of Road 15 (4 Parcels – Site 11 on Figure 1-1, 1-2, 1-3, 1-4 and Table 11-1) Table 11-1
APN Acres
026-233-007 20.37
026-233-008 18.24
026-233-009 1.00
026-233-010 2.96

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Page 11 of 16 ends

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ATTACHMENT 2

LEGAL DESCRIPTION
EXHIBIT “A”
ROBERTSON – ROAD 15 REORGANIZATION
ALL THAT CERTAIN REAL PROPERTY, SITUATED IN A PORTION OF SECTION 36, TOWNSHIP 9 SOUTH, RANGE 15 EAST, MOUNT DIABLO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOTS 99, 100, 101 AND 102 IN BLOCK 6 OF DAIRYLAND FARMS SUBDIVISION NO. 1, ACCORDING TO THE MAP ENTITLED: “MAP OF DAIRYLAND FARMS SUBDIVISION NO. 1, FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MADERA COUNTY, CALIFORNIA, ON SEPTEMBER 2, 1914 IN BOOK 4 OF MAPS, AT PAGES 15, 16, AND 17.

CONTAINING AN AREA OF ±1,962,990 SQUARE FEET (45.06± ACRES) APN: 026-233-007, 008, 009 & 010

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ATTACHMENT 3
Link to Amended IS/MND and MMRP
Chowchilla MF MND final ocr 1.pdf
Password: CvFY39DwJ4r1
https://qkinc.egnyte.com/dl/qHWmxpHYKffg

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ATTACHMENT 4

CITY OF CHOWCHILLA

CITY COUNCIL

City Council will consider a request by Pembrook Development for a Specific Plan Amendment, General Plan Amendment, Zoning Map Amendment, TSM 25-0878 and the accompanied amended IS/MND.

AND
Tentative Parcel Map No. 25-0030 & Notice of Exemption (NOE) for 705.S. 3rd Street, Chowchilla, CA 93610

City Council will also consider a request from Markus Czirban to consider TPM25-0030 and the accompanied NOE for the property located at 705 S. 3rd Street, Chowchilla, CA.

AND
Pre-Zoning, Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and Approval of Annexation Application to Madera Local Agency Formation Commission (LAFCo)

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City Council will also consider the pre-zoning, MND, MMRP and submission of an annexation application to Madera LAFCo for approximately 53.24 acres located on the southwest corner of Robertson Blvd. and Road 15.

Chowchilla Boulevard APNs: 002-060-005, 002-120-001, 002-120-005, 002-120-006, 002-120-060, 002-120-008, 002-120-010, 002-120-011, 002-120-012, 002-180-001, 002-180-002, 002-1800-003, 002-180-004.

Front Street APNs: 002-116-013, 002-116-003, 002-116-004, 002-056-014, 002-056- 014, 002-115-004, 002-115-012, 002-116-014, 002-056-021, 002-056-015, 002-116- 010, 002-115-009, 002-115-010, 002-116-009, 002-056-005, 002-056-012, 002-115- 016, 002-056-009, 002-115-007, 002-115-014, 002-115-013, 002-116-011, 002-056- 018, 002-115-015, 002-115-003, 002-115-002, 002-115-005, 002-116-006, 002-116- 007, 002-115-011, 002-056-003, 002-056-004, 002-056-022, 002-056-013, 002-056- 010, 002-056-011, 002-175-001, and 002-056-020.

Southeast and southwest Robertson Boulevard APN’s: 002-041-002, 002-041-007, 002-041-007, 002-037-010, 002-037-011, 002-037-012, 002-035-006, 002-035-005, 002-035-004, 002-035-003, 002-035,002, 002-035-001, 002-033-010, 002-033-009, 002-033-002, 022-033-011, 002-033-012, 002-031-002, 002-031-008, 002-031-009, 002-031-016, 002-015, 002-023-013, 002-023-003, 002-023-002, 002-021-003, 002- 021-002, and 002-021-001.

Page 16 of 16 ends

116-006, 001-118-005, 001-104-023, 001-114-005, 001-104-021, 001-102-023-, 001- 102-013, 001-114-009, 001-116-003, 001-104-015, 001-104-019, 001-102-015, 001- 112-011, 001-112,012, 001-116-013, 001-104-018, 001-104-024, 001-114-006, and 001-102-021.

Kings Avenue APNs: 001-112-001, 001-112-003, 001-112-004, 001-112-009, 001-114- 002, 002-114-003, 001-116-016, 001-116-017, 001-116-014, 001-116-012, 001-102- 001, 001-104-002, 001-104-004, 001-104-009, 001-104-012, 001-112-002, 001-118- 008, 001-104-005, 001-104-006, 001-116-016, 001-118-009, 001-102-004, 001-102- 012, 001-104-010, 001-102-006, 001-114-004, 001-104-003, 001-118-002, 001-118- 003, 001-118-002, 001-118-010, 001-102-020, 001-104-001, 001-104-011, 001-102- 005, 001-102-007, 001-112-010, 001-114-001, 001-118-011, 001-102-003, and 001- 102-009.

Ventura Avenue APN 001-180-021.

Adams Drive APN 002-220-086.

Genoa Lake Way APNs 014-260-003, 014-260-004, 014-260-005, 014-260-006, 014- 260-007, and 014-020-118.

Montgomery Lay Way and Genoa Lake Way APN 014-020-031.

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 Denise Munoz, 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 Planning Commission at, or prior to, the Public Hearing.

Denise Munoz
Director of Community & Economic Development Department (559) 665-8615 ext. 400
[email protected]
COUNCIL RESOLUTION # XX-26

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

ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ROBERTSON BOULEVARD AND ROAD 15 ANNEXATION PROJECT (APNs: 026-233-007, -008, -009, and -010); and AUTHORIZING

SUBMISSION OF AN ANNEXATION APPLICATION TO THE MADERA LOCAL AGENCY

FORMATION COMMISSION
WHEREAS, the City of Chowchilla (the “City”) is the Lead Agency for the Robertson Boulevard and Road 15 Annexation Project (the “Project”) pursuant to the California Environmental Quality Act (Public Resources Code §21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, §15000 et seq.); and WHEREAS, the project consists of the annexation of approximately 45.06 acres located at the southwest corner of Robertson Boulevard and Road 15 (APNs: 026-233-007, -008, -009, and -010) into the City of Chowchilla; and
WHEREAS, the project site is contiguous to the existing City limits, located within the City’s Sphere of Influence and represents a logical and orderly expansion of the City's municipal boundaries; and
WHEREAS, the Project Site is designated High Density Residential in the City's General Plan and no General Plan Amendment is required; and
WHEREAS, the City Council is concurrently considering an ordinance establishing prezoning of the Project Site to High Density Residential in accordance with Government Code Section 56375 and applicable Madera Local Agency Formation Commission ("LAFCo") requirements; and
WHEREAS, the proposed annexation supports implementation of the City's Housing Element and assists the City in maintaining compliance with Government Code Section 65863 (No Net Loss Law) through the addition of residential development capacity; and WHEREAS, the City has prepared, or will prepare, a Plan for Services and all supporting materials required for submission of an annexation application to Madera LAFCo; and WHEREAS, an Initial Study was prepared in accordance with CEQA Guidelines §15063 to evaluate the potential environmental impacts of the proposed project; and WHEREAS, based upon the Initial Study, a Mitigated Negative Declaration (“MND”) was prepared pursuant to CEQA Guidelines §15070, which determined that, with implementation of mitigation measures, the project would not have a significant effect on the environment; and WHEREAS, a Mitigation Monitoring and Reporting Program (“MMRP”) was prepared pursuant to CEQA Guidelines §15097 to ensure that all mitigation measures identified in the MND are implemented; and
WHEREAS, the MND was circulated for public review and comment for a period of not less than 30 days, from March 31, 2026, through April 30, 2026, through the State Clearinghouse and locally in accordance with CEQA Guidelines §15073; and WHEREAS, all public comments received during the review period have been considered and addressed, and no new significant impacts or substantial increases in severity of impacts have been identified; and
WHEREAS, the City Council has reviewed and considered the Initial Study, the MND, the MMRP, the staff report, and all oral and written testimony presented at the duly noticed public hearing; and
WHEREAS, on May 20, 2026, the Planning Commission conducted a duly noticed public hearing and adopted Resolution No. PC-2026-11 recommending adoption of the MND and MMRP and Resolution No. PC-2026-12 recommending approval of the annexation application; and WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026, at which time all interested persons were provided an opportunity to present testimony and evidence regarding the proposed Project; and
WHEREAS, the City Council has independently reviewed and considered the Initial Study, MND, MMRP, staff report, Planning Commission recommendations, public testimony, and the entire administrative record; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla as follows:

Section 1. Findings
The City Council of the City of Chowchilla hereby finds as follows:

A. The foregoing recitals are true and correct and are incorporated herein by this reference.

B. There is no substantial evidence in the record before the City Council that the Project will have a significant effect on the environment;
C. The Mitigated Negative Declaration reflects the City Council’s independent judgment and analysis;
D. The Project Site is contiguous to the City limits and located within the City's Sphere of Influence;
E. The annexation represents a logical and orderly expansion of the City's jurisdictional boundaries;
F. Municipal services can be provided to the Project Site in an efficient and orderly manner; G. The annexation is consistent with the City's General Plan and proposed pre-zoning designation;
H. The annexation supports the City's housing goals and compliance with applicable Housing Element requirements; and
I. The annexation is consistent with the factors identified in Government Code Section 56668.

Section 2. Adoption of Mitigated Negative Declaration.

The City Council hereby adopts the Mitigated Negative Declaration for the Robertson Boulevard and Road 15 Annexation Project in accordance with CEQA Guidelines §15074.

Section 3. Adoption of Mitigation Monitoring and Reporting Program.

The City Council hereby adopts the Mitigation Monitoring and Reporting Program pursuant to CEQA Guidelines §15097 and directs City staff to implement and monitor all applicable mitigation.

Section 5. Authorization to Submit Annexation Application.

The City Council hereby authorizes and directs the City Administrator, Community and Economic Development Director, or their designee, to prepare, execute, and submit all applications, plans for services, maps, legal descriptions, environmental documentation, agreements, and supporting materials necessary to process the annexation of APNs 026-233-007, 026-233-008, 026-233- 009, and 026-233-010 through the Madera Local Agency Formation Commission.

Section 7. Filing of Notice of Determination.

The City Council directs staff to file a Notice of Determination pursuant to CEQA following adoption of this Resolution.

Section 8. Record of Proceedings
The documents and materials that constitute the record of proceedings upon which this decision is based are located at the City of Chowchilla Community Development Department, 130 S.

Second Street, Chowchilla, California.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
ORDINANCE # XXX-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA APPROVING THE PRE-ZONING OF APPROXIMATELY 45.06 ACRES LOCATED ON THE SOUTH SIDE OF ROBERTSON BOULEVARD AT ROAD 15 (APNs: 026-233-007, 026-233-008, 026-233- 009, AND 026-233-010) TO HIGH DENSITY RESIDENTIAL (R-H) IN ANTICIPATION OF

ANNEXATION TO THE CITY OF CHOWCHILLA
WHEREAS, the City of Chowchilla ("City") has received a request to annex approximately

45.06 acres located on the south side of Robertson Boulevard at Road 15, identified as Assessor Parcel Numbers 026-233-007, 026-233-008, 026-233-009, and 026-233-010 ("Project Site"); and WHEREAS, the Project Site is contiguous to the existing City limits and located within the City's Sphere of Influence as adopted by the Madera Local Agency Formation Commission ("LAFCo"); and
WHEREAS, Government Code Section 56375 requires territory proposed for annexation to be pre-zoned by the City prior to completion of annexation proceedings; and WHEREAS, the Project Site is designated High Density Residential in the City of Chowchilla General Plan, and the proposed pre-zoning is consistent with the General Plan land use designation; and
WHEREAS, the proposed pre-zoning will ensure consistency between the City's General Plan and Zoning Ordinance as required by Government Code Section 65860; and WHEREAS, the proposed annexation and pre-zoning support implementation of the City's Housing Element and maintenance of adequate residential site capacity consistent with Government Code Section 65863; and
WHEREAS, the City prepared an Initial Study, Mitigated Negative Declaration ("MND"), and Mitigation Monitoring and Reporting Program ("MMRP") for the Robertson Boulevard and Road 15 Annexation Project in accordance with the California Environmental Quality Act ("CEQA"); and
WHEREAS, on June 9, 2026, the City Council adopted Resolution No. 2026- adopting the MND and MMRP and authorizing submission of an annexation application to Madera LAFCo; and WHEREAS, the Planning Commission conducted a duly noticed public hearing and recommended approval of the proposed pre-zoning ordinance; and WHEREAS, the City Council conducted a duly noticed public hearing and considered all testimony, evidence, and staff recommendations regarding the proposed pre-zoning.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chowchilla does ordain as follows:

SECTION 1. Findings.

The City Council of the City of Chowchilla hereby finds as follows:

A. The forgoing recitals are true and correct and are incorporated herein by reference as findings of the City Council of the City of Chowchilla;
B. The proposed pre-zone is consistent with the City's General Plan.

C. The proposed pre-zoning promotes orderly growth and development.

D. The proposed pre-zoning is consistent with Government Code Sections 56375, 56668, and 65860.

E. The proposed pre-zoning facilitates the efficient extension of municipal services to the annexation territory.

F. The proposed pre-zoning supports the City's Housing Element objectives and long-term housing needs.

SECTION 2. Pre-Zoning Designation.

Upon completion of annexation proceedings by the Madera Local Agency Formation Commission, the following properties shall be classified and zoned High Density Residential (R-H) pursuant to the Chowchilla Municipal Code:

APNs:
• 026-233-007
• 026-233-008
• 026-233-009
• 026-233-010
The zoning map attached as Exhibit "A" is hereby incorporated by reference and shall become part of the Official Zoning Map of the City of Chowchilla upon completion of annexation.

SECTION 3. CEQA Compliance.

The City Council reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, together with any and all comments received during the public review process in accordance with Section 15074, of Title 14, of the California Code of Regulations. The City Council thereafter adopted the Mitigated Negative Declaration and approved the Mitigation Monitoring Program for the Robertson Boulevard and Road 15 Annexation Project on June 9, 2026.

SECTION 4. Operative Date.

This Ordinance shall take effect thirty (30) days after adoption as provided by law. Notwithstanding the foregoing, the zoning designation established by this Ordinance shall not become operative unless and until:

A. The annexation of APNs 026-233-007, 026-233-008, 026-233-009, and 026-233-010 to the City of Chowchilla is approved by Madera LAFCo;
B. A Certificate of Completion has been recorded by the Executive Officer of Madera LAFCo; and
C. The annexation becomes effective pursuant to Government Code section 57200, et. seq.

Upon satisfaction of the foregoing conditions, the zoning designation established herein shall automatically become effective and the Official Zoning Map shall be updated accordingly.

SECTION 5. Severability.

SECTION 6. Publication.

The City Clerk shall certify the adoption of this Ordinance and shall cause it to be published in accordance with California law.

INTRODUCED at a regular meeting of the City Council of the City of Chowchilla held on the 9th day of June 2026.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this __ day of June 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 4.3

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Public Hearing
SUBJECT: 705 S. 3rd Street, Tentative Parcel Map #25-0030 and Notice of Exemption PREPARED BY: Jerome Keene, Contract City Planner
Denise Munoz, Director of Community & Economic Development ATTACHMENTS: 1. Resolution – Tentative Parcel Map #25-0030

2. Public Hearing Notice

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

At the May 20, 2026, meeting, the Planning Commission voted 5-0, to adopt resolutions recommending that the City Council:

1. Adopt a Resolution approving Tentative Parcel Map 25-0030 and accompanying Notice of Exemption.

BACKGROUND:

Markus Czirban submitted a Tentative Parcel Map (TPM) for 705 S. 3rd Street, within the City of Chowchilla (City), on approximately 2.8 acres (APN: 002-190-017). The TPM proposes to subdivide the parcel into three legal parcels. The parcels proposed are approximately 0.57 acres, 1 acre, and 1.22 acres. The property is zoned Light Industrial (IL) and located on the east side of Road 16 between Mariposa Avenue and Avenue 25. Two existing residential dwellings located on Parcel 1 (0.57 acres) are nonconforming uses and may continue to operate as residential dwellings in accordance with the Chowchilla Municipal Code.

All three parcels will have road access off Road 16 upon recordation of the Final Parcel Map, with access to Parcel 3 coming through an easement, as shown on the Tentative Parcel Map. No entitlements have been submitted at this time for Parcel 2 (1.22 acres) and Parcel 3 (1.00 acres).

The project is surrounded by Public Facilities (PF) on the north, east, and west and Light Industrial on the south.

GENERAL PLAN/ZONING ANALYSIS
The Project site is zoned LI (Light Industrial), which is consistent with the General Plan designation of Light Industrial. All 2.8 acres of the site are designated LI, and each new parcel meets the minimum site area requirement of twenty thousand square feet, along with a minimum lot frontage of sixty feet. Parcel 1 is the only parcel with existing structures that all conform to the front setback requirements of 15 feet, rear setback of 10 feet, interior side setback of a minimum of 10 feet, and street-side building setback of a minimum of 15 feet.

ENVIRONMENTAL REVIEW ANALYSIS:

The proposed Tentative Parcel Map is exempt from review under the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315 (Minor Divisions of Land), because it can be seen with certainty that there is no possibility that approval of the Tentative Parcel Map may have a significant effect on the environment. The application is limited to the creation of parcels only, and no development, grading, construction, infrastructure improvements, or other physical changes to the environment are proposed or approved as part of this action. Any future development or site improvements proposed on the subject property would be subject to separate discretionary review and environmental analysis, as required by CEQA, at the time a specific development proposal is submitted to the City.

REASON FOR RECOMMENDATION:

The 705 S. 3rd Street TPM is consistent with the City’s General Plan, is consistent with the California Subdivision Map Act, the City’s Subdivision Ordinance, and is consistent with the Zoning Designation.

FISCAL IMPACT:

No Fiscal Impact. All expenses are covered by the applicant.

ALTERNATIVES:

Coordinate with the applicant for potential alternative mapping configurations.

ACTIONS FOLLOWING APPROVAL:
• File Notice of Exemption within five (5) days with County Clerk. • Process Final Parcel Map once submitted by applicant.

Attachment 1: Resolution 26-10 – Tentative Parcel Map 25-0030 PLANNING COMMISSION RESOLUTION #26-10

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHOWCHILLA, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVE TENTATIVE PARCEL MAP #25-0030 FOR 705 S 3RD

STREET ALONG WITH THE NOTICE OF EXEMPTION
WHEREAS, Markus Czirban has concurrently submitted a Tentative Parcel Map application to subdivide property and,
WHEREAS, the City reviewed the submitted Tentative Parcel Map #25-0030 and determined that the submitted Tentative Parcel Map #25-0030 complies with the requirements of City Code and the State Subdivision Map Act; and,
WHEREAS, the site is located along the east side of Road 16 between Mariposa Avenue and Avenue 2; and,
WHEREAS, Tentative Parcel Map #25-0030 consists of 3 proposed industrial lots on approximately

2.8 acres; and,
WHEREAS, the parcels sizes are 0.57 acres, 1.000 acre, and 1.22 acres; and, WHEREAS, no additional improvement request has been submitted, reviewed, or approved; and, WHEREAS, pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3), the project qualifies as exempt because it can be seen with certainty that there is no possibility that approval of the Tentative Parcel Map may have a significant effect on the environment; and, WHEREAS, adherence to the proposed conditions of approval would eliminate any potential for unintended negative impacts; and,
WHEREAS, the Planning Commission, at a duly noticed public hearing on May 20, 2026 has reviewed and considered the Project.

NOW, THEREFORE, that the Planning Commission of the City of Chowchilla hereby recommends the City Council finds, determines, and declares the following:

1. The above recitals are true and correct.

2. The Planning Commission recommends City Council approve the Project.

3. That the Planning Commission hereby recommends that the City Council of the City of Chowchilla hereby finds and determines that there is no substantial evidence in the records to indicate that the Project would have a significant effect on the environment as identified by Exemption.

4. That the Planning Commission hereby Recommends that the City Council of the City of Chowchilla hereby finds and determines that all required findings have been made.

5. That the Planning Commission hereby recommends that the City Council of the City of Chowchilla approves the Tentative Parcel Map #25-0030 with conditions.

PASSED AND ADOPTED by the Planning Commission of the City of Chowchilla at a special meeting held on the 20th day of May, 2026, by the following vote:

AYES: 4 – Hale, Plascencia, Vander Dussen, Wallen
NOES: 0
ABSENT: 1 - Salter
ABSTAIN: 0
COUNCIL RESOLUTION #XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA TO APPROVE TENTATIVE PARCEL MAP #25-0030 AND NOTICE OF EXEMPTION IN

ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Markus Czirban has concurrently submitted a Tentative Parcel Map application to subdivide property; and,
WHEREAS, the City reviewed the submitted Tentative Parcel Map #25-0030 and determined that the submitted Tentative Parcel Map #25-0030 complies with the requirements of City Code and the State Subdivision Map Act; and,
WHEREAS, the site is located along the east side of Road 16 between Mariposa Avenue and Avenue 2; and,
WHEREAS, Tentative Parcel Map #25-0030 consists of 3 proposed industrial lots on approximately

2.8 acres; and,
WHEREAS, the parcels sizes are 0.57 acres, 1.00 acre, and 1.22 acres; and, WHEREAS, no additional improvement request has been submitted, reviewed, or approved; and, WHEREAS, pursuant to CEQA Guidelines, the project qualifies as exempt because it can be seen with certainty that there is no possibility that approval of the Tentative Parcel Map may have a significant effect on the environment; and,
WHEREAS, adherence to the proposed conditions of approval would eliminate any potential for unintended negative impacts; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 20, 2026, considered all oral and written evidence presented regarding the Project, and adopted Resolution No. 26- 10 recommending that the City Council adopt the Addendum; and WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026, and considered all oral and written evidence presented regarding the Project, including the recommendation of the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby approves Tentative Parcel Map #25-0030 and a Notice of Exemption in accordance with the California Environmental Quality Act.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
Exhibit A: Conditions of Approval

CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 25-0030

CITY OF CHOWCHILLA
The following Conditions of Approval are hereby imposed upon Tentative Parcel Map No. 25-0030 (“Project”), approved by the Planning Commission of the City of Chowchilla on May 20, 2026. The applicant/subdivider shall comply with all conditions herein. Failure to comply with these conditions may result in revocation of approvals, withholding of permits, or other enforcement action authorized by law.

GENERAL CONDITIONS

1. Approval Scope
Approval of Tentative Parcel Map No. - authorizes the subdivision of the subject property as shown on the approved Tentative Parcel Map and associated exhibits dated May 20, 2026, except as modified by these Conditions of Approval.

2. Compliance with Plans
The Project shall substantially conform to the approved Tentative Parcel Map, staff report, and all approved exhibits on file with the City of Chowchilla Community Development Department.

3. Expiration
This Tentative Parcel Map shall expire as provided by the California Subdivision Map Act and the Chowchilla Municipal Code unless a Final Parcel Map is recorded prior to expiration or an extension is granted in accordance with applicable law.

4. Indemnification
The applicant/subdivider shall defend, indemnify, and hold harmless the City of Chowchilla, its officers, agents, employees, and representatives from any claim, action, or proceeding brought against the City to attack, set aside, void, or annul the approval of the Project.

COMMUNITY DEVELOPMENT CONDITIONS

5. Zoning Compliance
All resulting parcels shall comply with the development standards of the applicable zoning district, including minimum lot size, frontage, width, setbacks, access, and all other applicable requirements of the Chowchilla Municipal Code.

6. Future Development
Approval of the Tentative Parcel Map does not authorize construction or development on the subject property. Any future development shall require separate review, permits, and approvals as required by the City of Chowchilla.

7. Addressing
Addresses for all resulting parcels shall be assigned by the City prior to issuance of building permits.

8. Easements
All necessary access, utility, drainage, public service, and reciprocal easements shall be granted or dedicated as required by the City Engineer and utility providers.

9. Access
Each parcel shall have legal and physical access in accordance with City standards and the requirements of the City Engineer and Fire Department.

10. Utilities
All utilities serving the Project shall be undergrounded unless otherwise approved by the City Engineer.

ENGINEERING CONDITIONS

11. Final Parcel Map
Prior to recordation, the applicant shall submit a Final Parcel Map prepared by a licensed land surveyor or registered civil engineer authorized to practice land surveying in the State of California.

The Final Parcel Map shall comply with:
• The California Subdivision Map Act;
• Title 17 of the Chowchilla Municipal Code;
• All Conditions of Approval;
• City Engineer requirements.

12. Improvement Plans
Improvement plans prepared by a registered civil engineer shall be submitted to and approved by the City Engineer prior to recordation of the Final Parcel Map or issuance of permits, as applicable.

Improvement plans shall include all required:
• Grading;
• Drainage;
• Water;
• Sewer;
• Storm drain;
• Street;
• Sidewalk;
• Curb and gutter;
• Utility improvements.

13. Public Improvements
The subdivider shall construct or guarantee construction of all public improvements required by the City Engineer, including but not limited to:
• Streets;
• Sidewalks;
• Curb and gutter;
• Water facilities;
• Sewer facilities;
• Storm drainage;
• Street lighting;
• Fire hydrants;
• Utility infrastructure.

All improvements shall be completed in accordance with City standards and specifications.

14. Improvement Security
Improvement securities shall be provided in a form acceptable to the City Attorney and City Engineer for all required public improvements pursuant to the California Subdivision Map Act.

15. Drainage
The Project shall provide adequate on-site and off-site drainage facilities as determined by the City Engineer. Post-development runoff shall not adversely impact adjacent properties or public facilities.

Drainage studies and calculations may be required at the discretion of the City Engineer.

16. Grading and Drainage Compliance
Any grading associated with future development shall comply with applicable City grading requirements and shall be subject to issuance of grading permits where required.

17. Survey Monuments
Survey monuments shall be installed in accordance with the California Subdivision Map Act and City standards.

18. Utility Service Verification
The subdivider shall provide verification from applicable utility providers demonstrating the ability to serve the Project.

FIRE DEPARTMENT CONDITIONS

19. Fire Access
Fire access roads shall be designed and maintained in accordance with applicable Fire Code requirements and subject to approval by the Fire Department and City Engineer.

20. Fire Flow
Adequate fire flow shall be provided for all resulting parcels as determined by the Fire Department.

21. Fire Hydrants
Fire hydrant locations and spacing shall be subject to approval by the Fire Department and City Engineer.

ENVIRONMENTAL CONDITIONS

22. CEQA Compliance
The Project shall comply with all applicable mitigation measures and requirements identified in the adopted environmental document for the Project, if any.

23. CEQA Exemption
If the Project is determined to be exempt from the California Environmental Quality Act (CEQA), this approval shall remain valid only so long as the Project remains within the scope and limitations of the applicable exemption.

FEES AND DEDICATIONS

24. Development Fees
The subdivider shall pay all applicable City fees, including but not limited to:
• Development impact fees;
• Plan check fees;
• Inspection fees;
• Utility connection fees;
• Map checking fees;
• Regional fees;
• School fees;
• Public facility fees.

Fees shall be paid at the time required by the applicable agency or City resolution.

25. Dedications
All dedications required by the City Engineer shall be granted prior to recordation of the Final Parcel Map.

STANDARD CONDITIONS

26. Compliance with Agencies
The subdivider shall comply with all requirements of applicable local, state, and federal agencies.

27. Other Permits
Approval of this Tentative Parcel Map does not waive the requirement to obtain any other permits or approvals required by the City or other regulatory agencies.

28. Condition Satisfaction
The Community Development Director and/or City Engineer may determine whether a condition has been satisfied and may administratively modify conditions where such modifications are determined to be minor and consistent with the intent of the approval.

29. Separability
If any condition is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remaining conditions.

30. Acceptance of Conditions
The applicant’s acceptance and use of this approval shall constitute acceptance of all Conditions of Approval.

31. No Development Authorized
This approval authorizes only the subdivision of land. No construction, site improvements, grading, utility installation, or vertical development is approved as part of this application.

Any future development shall require separate review and approval by the City of Chowchilla and compliance with all applicable federal, state, and local regulations in effect at the time of application.

32. Deferred Improvements
At the discretion of the City Engineer, certain public improvements may be deferred until issuance of building permits or future development of the affected parcels, subject to execution of deferred improvement agreements acceptable to the City.

Exhibit B: Vicinity Map
Exhibit B: Vicinity Map
705 S. 3rd Street, Chowchilla
Exhibit C: Tentative Parcel Map #25-0030
705 S. 3rd Street # XX-XXXX
Exhibit D: Notice of Exemption
705 S. 3rd Street # XX-XXXX
705 S. 3rd Street # XX-XXXX
Attachment 2
Public Hearing Notice

CITY OF CHOWCHILLA

CITY COUNCIL

NOTICE OF PUBLIC HEARINGS
Notice is hereby given that the City Council of the City of Chowchilla, California, will hold four public hearings on Tuesday, June 9, 2026 at 4:00 P.M. or as soon thereafter as possible, in the Chowchilla Council Chambers, 130 South Second Street at Civic Center Plaza. Items to be considered include:

General Plan, Zoning, and Specific Plan Amendment for the Rancho Calera and Tentative Subdivision Map No. 25- 0878 and the Amended Initial Study/Mitigated Negative Declaration (IS/MND), Chowchilla, CA 93610 City Council will consider a request by Pembrook Development for a Specific Plan Amendment, General Plan Amendment, Zoning Map Amendment, TSM 25-0878 and the accompanied amended IS/MND.

AND
Tentative Parcel Map No. 25-0030 & Notice of Exemption (NOE) for 705.S. 3rd Street, Chowchilla, CA 93610 City Council will also consider a request from Markus Czirban to consider TPM25-0030 and the accompanied NOE for the property located at 705 S. 3rd Street, Chowchilla, CA.

AND
Pre-Zoning, Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and Approval of Annexation Application to Madera Local Agency Formation Commission (LAFCo) 705 S. 3rd Street # XX-XXXX
City Council will also consider the pre-zoning, MND, MMRP and submission of an annexation application to Madera LAFCo for approximately 53.24 acres located on the southwest corner of Robertson Blvd. and Road 15.

Chowchilla Boulevard APNs: 002-060-005, 002-120-001, 002-120-005, 002-120-006, 002-120-060, 002-120-008, 002-120-010, 002-120- 011, 002-120-012, 002-180-001, 002-180-002, 002-1800-003, 002-180-004.

Front Street APNs: 002-116-013, 002-116-003, 002-116-004, 002-056-014, 002-056-014, 002-115-004, 002-115-012, 002-116-014, 002- 056-021, 002-056-015, 002-116-010, 002-115-009, 002-115-010, 002-116-009, 002-056-005, 002-056-012, 002-115-016, 002-056-009, 002-115-007, 002-115-014, 002-115-013, 002-116-011, 002-056-018, 002-115-015, 002-115-003, 002-115-002, 002-115-005, 002-116- 006, 002-116-007, 002-115-011, 002-056-003, 002-056-004, 002-056-022, 002-056-013, 002-056-010, 002-056-011, 002-175-001, and 002-056-020.

Southeast and southwest Robertson Boulevard APN’s: 002-041-002, 002-041-007, 002-041-007, 002-037-010, 002-037-011, 002-037- 012, 002-035-006, 002-035-005, 002-035-004, 002-035-003, 002-035,002, 002-035-001, 002-033-010, 002-033-009, 002-033-002, 022- 033-011, 002-033-012, 002-031-002, 002-031-008, 002-031-009, 002-031-016, 002-015, 002-023-013, 002-023-003, 002-023-002, 002- 021-003, 002-021-002, and 002-021-001.

Northwest and northeast Robertson Boulevard APNs: 001-112-006, 001-112-007, 001-118-004, 001-118-006, 001-118-007, 001-104-025, 001-104-016, 001-104-020, 001-102-014, 001-102-022, 001-102-018, 001-102-024, 001-104-017, 001-114-010, 001-116-006, 001-118- 005, 001-104-023, 001-114-005, 001-104-021, 001-102-023-, 001-102-013, 001-114-009, 001-116-003, 001-104-015, 001-104-019, 001- 102-015, 001-112-011, 001-112,012, 001-116-013, 001-104-018, 001-104-024, 001-114-006, and 001-102-021.

Kings Avenue APNs: 001-112-001, 001-112-003, 001-112-004, 001-112-009, 001-114-002, 002-114-003, 001-116-016, 001-116-017, 001- 116-014, 001-116-012, 001-102-001, 001-104-002, 001-104-004, 001-104-009, 001-104-012, 001-112-002, 001-118-008, 001-104-005, 001-104-006, 001-116-016, 001-118-009, 001-102-004, 001-102-012, 001-104-010, 001-102-006, 001-114-004, 001-104-003, 001-118- 002, 001-118-003, 001-118-002, 001-118-010, 001-102-020, 001-104-001, 001-104-011, 001-102-005, 001-102-007, 001-112-010, 001- 114-001, 001-118-011, 001-102-003, and 001-102-009.

Ventura Avenue APN 001-180-021.

Adams Drive APN 002-220-086.

Genoa Lake Way APNs 014-260-003, 014-260-004, 014-260-005, 014-260-006, 014-260-007, and 014-020-118.

Montgomery Lay Way and Genoa Lake Way APN 014-020-031.

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 Denise Munoz, Director of 705 S. 3rd Street # XX-XXXX
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 Planning Commission at, or prior to, the Public Hearing.

Denise Munoz
Director of Community & Economic Development Department(559) 665-8615 ext. 400 [email protected]

REPORT TO THE CITY COUNCIL
Item 4.4

CLICK HERE

TO RETURN TO

THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Public Hearing
SUBJECT: Rancho Calera Block 12 – General Plan Amendment, Specific Plan Amendment, Zoning Map Amendment, TSM 25-0878, and CEQA Addendum to Previously Adopted IS/MND and MMRP
PREPARED BY: Jerome Keene, Contract City Planner
Denise Munoz, Director of Community & Economic Development ATTACHMENTS: 1. Regional Map

2. Project Location Map

3. Resolution - Addendum to IS/MND

4. Resolution - Amendment to General Plan

5. Resolution - Amendment to Rancho Calera Specific Plan

6. Ordinance – Zoning Map Amendment

7. Resolution - Tentative Subdivision Map #25-0878

8. Public Hearing Notice

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

At the May 20, 2026 meeting, the Planning Commission voted 5-0, to adopt resolutions recommending that the City Council:

1. Adopt a Resolution approving an addendum to the previously adopted Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Rancho Calera Specific Plan

2. Adopt a Resolution approving General Plan Amendment for the Rancho Calera Block 12 Project

3. Adopt a Resolution approving Specific Plan Amendment for the Rancho Calera Block 12 Project

4. Introduce and waive the first reading of an Ordinance approving Zoning Map Amendment for the Rancho Calera Block 12 Project

5. Adopt a Resolution approving Tentative Subdivision Map 25-0878 – 53 lots BACKGROUND:

Rancho Calera is a 561-acre master planned community located east of State Route 99 within the City of Chowchilla. The project site is located approximately one-half mile east of Downtown Chowchilla, immediately northeast of East Robertson Boulevard/State Route 99 interchange (Attachments 1 and 2).

The Rancho Calera Specific Plan, Environmental Impact Report (EIR), Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program (MMRP) were originally approved by the City Council on May 2, 2011. The approved project included a mix of residential, commercial, civic, park, and open space land uses, allowing up to 2,042 residential units and approximately 495,000 square feet of commercial development.

In January 2022, the City approved amendments to the Specific Plan and adopted an Initial Study/Mitigated Negative Declaration (IS/MND) (SCH No. 2021100453). The amendments reduced the allowable commercial square footage, modified park and open space configurations, added stormwater retention basins and promenade corridors, and reduced the overall Specific Plan acreage from 576 acres to 561 acres to reflect the previously dedicated Ronald Reagan Elementary School site.

In 2024, the City approved Tentative Map No. 21-0008 for Block 12 and Block 13, located north of East Robertson Boulevard, east of North Fig Tree Boulevard, and south of South Lake Tahoe Drive. The approved tentative map included a mixed-use commercial parcel identified as Lot 1, consistent with the land use pattern established under the Rancho Calera Specific Plan.

Over the past several years, the applicant has coordinated with the Department of Toxic Substances Control (DTSC) regarding remediation of localized soil impacts associated with a former mechanic shop operation located within and adjacent to the existing mixed-use parcel. During review of the remediation strategy, DTSC requested modification of the configuration and location of the mixed-use area to further reduce the potential for long-term residential exposure within portions of Block 12.

In response to DTSC recommendations, the applicant proposes to increase the existing Mixed-Use Residential Commercial designation from approximately 3 acres to 6 acres, resulting in a corresponding reduction of Low-Density Residential acreage from 203 acres to 200 acres.

To maintain consistency among the Rancho Calera Specific Plan, General Plan Land Use Map, and Zoning Map, amendments are proposed to update the location and configuration of the mixed-use parcel within Block 12. A revised Tentative Map for Block 12 has also been submitted and is currently under review by City Engineer.

The Rancho Calera Specific Plan has been updated accordingly, including revisions to:
• Figure 1-2 Community Character Plan
• Table 2-1 Land Use Summary
• Figure 2-1 Land Use Plan
Table 1 shows a summary of the proposed land use differences compared to what is currently adopted.

Table 1
Land Use Difference Summary
Land Use Designation Difference
Residential Decrease of 3 acres
Mixed Use (RC-MX) Increase of 3 acres
Park/Open Space Same
School/Public Safety (Public
Facilities)
Same
Street Dedication Same
Tentative Subdivision Map 25-0878 consists of 53 residential subdivision lots and 1 mixed-use commercial lot on approximately 14.6 acres (Lot 12). This TSM site is located along Robertson Boulevard, east of Fig Tree Boulevard. Ronald Reagan Elementary School is located northwest of the site. The lots range in size from approximately 5,000 square feet to 11,129 square feet.

ENVIRONMENTAL REVIEW:

The City of Chowchilla is the Lead Agency for the Project pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and CEQA Guidelines (California Code of Regulations §15000 et seq.). Environmental review for the Rancho Calera Specific Plan and associated entitlements was previously completed through adoption of an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) (SCH No. 2021100453).

The current Project consists of a General Plan Amendment, Specific Plan Amendment, and Zoning Map Amendment affecting approximately 4± acres within Rancho Calera Block 12, converting portions of previously planned Low Density Residential land to Mixed-Use Commercial in response to site-specific soil remediation constraints. Pursuant to CEQA Guidelines Sections 15162 and 15164, the City prepared an Addendum to the previously adopted IS/MND to evaluate the proposed amendments. The Addendum concluded that the proposed changes would not result in new significant environmental impacts or substantially increase the severity of previously identified impacts, and that the Project remains within the scope of the prior environmental analysis. Accordingly, no subsequent or supplemental environmental document is required.

FINDINGS:

Before a General Plan Amendment, Specific Plan Amendment, or Zoning Map Amendment may be approved, the reviewing authority must make the following findings pursuant to the Chowchilla Municipal Code:

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

The proposed amendments are internally consistent with the goals, objectives, and policies of the City of Chowchilla General Plan and applicable provisions of the Municipal Code.

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

The proposed amendments would not be detrimental to the public health, safety, or welfare of the community and are being processed in response to environmental remediation considerations intended to reduce potential residential exposure.

3. The amendment would maintain an appropriate balance of land uses within the City.

The proposed amendments maintain the overall mixed-use land use pattern established under the Rancho Calera Specific Plan and preserve an appropriate balance of land uses within the City.

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

The proposed land uses would remain compatible with existing and planned surrounding land uses within the Rancho Calera Specific Plan area.

REASON FOR RECOMMENDATION:

Staff believe the required findings can be made and recommend that the City Council approve the Rancho Calera Block 12 General Plan Amendment, Specific Plan Amendment, Zoning Map Amendment, and associated CEQA Addendum to the previously adopted IS/MND and MMRP.

FISCAL IMPACT:

Fiscal impacts are limited to staff and consultant costs associated with processing the General Plan Amendment, Specific Plan Amendment, and Zoning Map Amendment ALTERNATIVES:

Coordinate with the applicant for potential alternative mapping configurations.

ACTIONS FOLLOWING APPROVAL:
• File Notice of Determination (NOD) with the County Clerk within five (5) days. • Update the General Plan Land Use Map;
• Update the Official Zoning Map;
• Update the Specific Plan Map;
Attachment 1: Regional Map
Attachment 1
Regional Map
Attachment 2: Project Location Map
Attachment 2:

Project Location Map
Attachment 3: Resolution 26-08 - Addendum to IS/MND
PLANNING COMMISSION RESOLUTION #26-08

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHOWCHILLA, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING MAP AMENDMENT NO. 26-0001 FOR THE RANCHO CALERA BLOCK 12 PROJECT
WHEREAS, Rancho Calera LLC has submitted an application for a Zoning Map Amendment affecting portions of Rancho Calera Block 12 (Project) within the Rancho Calera Specific Plan area; and WHEREAS, the proposed amendment would revise the Rancho Calera zoning map to reflect reconfiguration of the existing Mixed-Use zoning area and conversion of approximately three acres of LowDensity Residential zoning to Mixed-Use Commercial zoning; and WHEREAS, the proposed modifications are being processed in response to site-specific soil remediation considerations associated with the Project area; and WHEREAS, the Planning Commission has reviewed and considered the Addendum to the previously adopted IS/MND and MMRP prepared for the Project pursuant to CEQA Guidelines Sections 15162 and 15164; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 20, 2026, and considered all oral and written evidence presented regarding the Project.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chowchilla hereby recommends that the City Council approve Zoning Map Amendment No. 26-0001 based upon the following findings:

1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and applicable provisions of the Municipal Code.

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

3. The amendment would maintain an appropriate balance of land uses within the City.

4. The anticipated land uses would remain compatible with existing and planned surrounding land uses within the Rancho Calera Specific Plan area.

PASSED AND ADOPTED by the Planning Commission of the City of Chowchilla at a regular meeting held on the 20th day of May, 2026, by the following vote:

AYES: 4 – Hale, Plascencia, Vander Dussen, Wallen
NOES: 0
ABSENT: 1 - Salter
ABSTAIN: 0
COUNCIL RESOLUTION #XX-26

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

ADOPTING AN ADDENDUM TO THE PREVIOUSLY ADOPTED INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION (IS/MND) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE RANCHO CALERA BLOCK 12 PROJECT
WHEREAS, Rancho Calera LLC has submitted applications for amendments affecting portions of Rancho Calera Block 12 within the Rancho Calera Specific Plan area; and WHEREAS, the Rancho Calera Specific Plan, Environmental Impact Report (EIR), Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program (MMRP) were originally approved by the City Council on May 2, 2011; and
WHEREAS, amendments to the Rancho Calera Specific Plan and associated entitlements were subsequently approved in 2022, including adoption of an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP) (SCH No. 2021100453); and WHEREAS, the current Project proposes modifications to portions of Rancho Calera Block 12, including reconfiguration of the existing Mixed-Use area and conversion of approximately 3 acres of LowDensity Residential land to Mixed-Use Commercial in response to site-specific soil remediation considerations; and
WHEREAS, the City of Chowchilla is the Lead Agency for the Project pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and CEQA Guidelines (California Code of Regulations §15000 et seq.); and
WHEREAS, pursuant to CEQA Guidelines Sections 15162 and 15164, the City prepared an Addendum to the previously adopted IS/MND and MMRP to evaluate the proposed amendments; and WHEREAS, the Addendum concluded that the proposed amendments would not result in new significant environmental impacts or substantially increase the severity of previously identified impacts, and that no subsequent or supplemental environmental document is required; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 20, 2026, considered all oral and written evidence presented regarding the Project, and adopted Resolution No. 26- 08 recommending that the City Council adopt the Addendum; and WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026, and considered all oral and written evidence presented regarding the Project, including the recommendation of the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby adopts the Addendum to the previously adopted IS/MND and MMRP for the Rancho Calera Block 12 PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
Exhibit A:

Addendum to Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program
Rancho Calera MND/MMRP Document link:
https://www.dropbox.com/scl/fo/uz03zjozozczn3ndra1vm/AIFeg1sTb6fviYkhBw7tUDE?r lkey=s7rk9ka5uzt1x1sa0hapdfhaw&e=1&dl=0
Attachment 4: Resolution 26-08 - Amendment to General Plan PLANNING COMMISSION RESOLUTION #26-08

1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and applicable provisions of the Municipal Code.

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

3. The amendment would maintain an appropriate balance of land uses within the City.

4. The anticipated land uses would remain compatible with existing and planned surrounding land uses within the Rancho Calera Specific Plan area.

PASSED AND ADOPTED by the Planning Commission of the City of Chowchilla at a regular meeting held on the 20th day of May, 2026, by the following vote:

AYES: 4 – Hale, Plascencia, Vander Dussen, Wallen
NOES: 0
ABSENT: 1 - Salter
ABSTAIN: 0
COUNCIL RESOLUTION #XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT NO. 26-0001 FOR THE RANCHO CALERA BLOCK 12

PROJECT
WHEREAS, Rancho Calera, LLC has submitted an application for a General Plan Amendment affecting portions of Rancho Calera Block 12 within the Rancho Calera Specific Plan area; and WHEREAS, the proposed amendment would modify the General Plan Land Use Map to reflect reconfiguration of the existing Mixed-Use designation and conversion of approximately 3 acres of LowDensity Residential land to Mixed-Use Commercial; and WHEREAS, the proposed amendment is being processed in response to site-specific soil remediation considerations associated with the Project area; and WHEREAS, the City Council has reviewed and considered the Addendum to the previously adopted IS/MND and MMRP prepared for the Project pursuant to CEQA Guidelines Sections 15162 and 15164; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 20, 2026, considered all oral and written evidence presented regarding the Project, and adopted Resolution No. 26- 06 recommending that the City Council approve General Plan Amendment No. 26-0001 and WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026, and considered all oral and written evidence presented regarding the Project, including the recommendation of the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby approves General Plan Amendment No. 26-0001 based upon the following findings:

1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and applicable provisions of the Municipal Code.

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

3. The amendment would maintain an appropriate balance of land uses within the City.

4. The anticipated land uses would remain compatible with existing and planned surrounding land uses within the Rancho Calera Specific Plan area.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
Exhibit A: Adopted (Existing) Specific Plan Land Use Map Exhibit A
Adopted (Existing) General Plan Land Use Map
Exhibit B: Proposed Specific Plan Land Use Map
Exhibit B
Proposed General Plan Land Use Map
Exhibit C: Tentative Subdivision Map
Exhibit C
Rancho Calero Block 12
Tentative Subdivision Map 25-0878

Exhibit D:

Conditions of Approval (COA)

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. 25-0878.

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. 25-0878 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, the Mitigation and Monitoring Reporting Program from the Mitigated Negative Declaration prepared for the Project and adopted on December 12, 2021, and the Addendum to Mitigation and Monitoring Reporting Program from the Mitigated Negative Declaration prepared for the project and adopted concurrently with TSM 25-0878, the 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. Streetlights 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.

Exhibit E:

Addendum to Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program
Please see the link below to Rancho Calera Block 12 ISMND and MMRP Addendum:

You may need to copy and paste this link into your browser. https://www.dropbox.com/scl/fi/04dvkx8jg4it931td93o1/Rancho-Calera-Block-12- ISMND-and-MMRP-Addendum.pdf?rlkey=tvs1su4pmnejbkmrwrbv5aprc&dl=0 Attachment 5: Resolution 26-07 - Amendment to Rancho Calera Specific Plan PLANNING COMMISSION RESOLUTION #26-07

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHOWCHILLA, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT NO. 26- 0001 FOR THE RANCHO CALERA BLOCK 12 PROJECT
WHEREAS, Rancho Calera LLC has submitted an application for a Specific Plan Amendment affecting portions of Rancho Calera Block 12 (Project) within the Rancho Calera Specific Plan area; and WHEREAS, the proposed amendment would revise the Rancho Calera Specific Plan Land Use Plan, zoning exhibits, and related tables to reflect reconfiguration of the existing Mixed-Use area and conversion of approximately 3 acres of Low-Density Residential land to Mixed-Use Commercial; and WHEREAS, the proposed modifications are being processed in response to site-specific soil remediation considerations associated with the Project area; and WHEREAS, the Planning Commission has reviewed and considered the Addendum to the previously adopted IS/MND and MMRP prepared for the Project pursuant to CEQA Guidelines Sections 15162 and 15164; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 20, 2026, and considered all oral and written evidence presented regarding the Project.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chowchilla hereby recommends that the City Council approve Specific Plan Amendment No. 26-0001 based upon the following findings:

1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and applicable provisions of the Municipal Code.

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

3. The amendment would maintain an appropriate balance of land uses within the City.

4. The anticipated land uses would remain compatible with existing and planned surrounding land uses within the Rancho Calera Specific Plan area.

PASSED AND ADOPTED by the Planning Commission of the City of Chowchilla at a regular meeting held on the 20th day of May, 2026, by the following vote:

AYES: 4 – Hale, Plascencia, Vander Dussen, Wallen
NOES: 0
ABSENT: 1 - Salter
ABSTAIN: 0
COUNCIL RESOLUTION #XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING SPECIFIC PLAN AMENDMENT NO. 26-0001 FOR THE RANCHO CALERA BLOCK 12

PROJECT
WHEREAS, Rancho Calera LLC has submitted an application for a Specific Plan Amendment affecting portions of Rancho Calera Block 12 within the Rancho Calera Specific Plan area; and WHEREAS, the proposed amendment would revise the Rancho Calera Specific Plan Land Use Plan, zoning exhibits, and related tables to reflect reconfiguration of the existing Mixed-Use area and conversion of approximately 3 acres of Low-Density Residential land to Mixed-Use Commercial; and WHEREAS, the proposed modifications are being processed in response to site-specific soil remediation considerations associated with the Project area; and WHEREAS, the City Council has reviewed and considered the Addendum to the previously adopted IS/MND and MMRP prepared for the Project pursuant to CEQA Guidelines Sections 15162 and 15164; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 20, 2026, considered all oral and written evidence presented regarding the Project, and adopted Resolution No. 26- 07 recommending that the City Council approve Specific Plan Amendment No. 26-0001 and WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026, and considered all oral and written evidence presented regarding the Project, including the recommendation of the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby approves Specific Plan Amendment No. 26-0001 based upon the following findings:

1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and applicable provisions of the Municipal Code.

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

3. The amendment would maintain an appropriate balance of land uses within the City.

4. The anticipated land uses would remain compatible with existing and planned surrounding land uses within the Rancho Calera Specific Plan area.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
Exhibit A: Adopted (Existing) Specific Plan Land Use Map Exhibit A
Adopted (Existing) Specific Plan Land Use Map
Exhibit B: Proposed Specific Plan Land Use Map
Exhibit B
Proposed Specific Plan Land Use Map
Exhibit C:

Addendum to Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program
Ranco Calera Block 12 addendum ISMND
Attachment 6: Resolution 26-08 – Zoning Ordinance Amendment PLANNING COMMISSION RESOLUTION #26-08

1. The amendment is internally consistent with the goals, objectives, and policies of the General Plan and applicable provisions of the Municipal Code.

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

3. The amendment would maintain an appropriate balance of land uses within the City.

4. The anticipated land uses would remain compatible with existing and planned surrounding land uses within the Rancho Calera Specific Plan area.

PASSED AND ADOPTED by the Planning Commission of the City of Chowchilla at a regular meeting held on the 20th day of May, 2026, by the following vote:

AYES: 4 – Hale, Plascencia, Vander Dussen, Wallen
NOES: 0
ABSENT: 1 - Salter
ABSTAIN: 0
ORDINANCE # XXX-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA APPROVING ZONING MAP AMENDMENT NO. ZOA 26-0001 FOR THE RANCHO CALERA BLOCK 12 PROJECT WHEREAS, Rancho Calera LLC has submitted an application for a Zoning Map Amendment affecting portions of Rancho Calera Block 12 (Project) within the Rancho Calera Specific Plan area; and WHEREAS, the City of Chowchilla has initiated General Plan Amendment No. GPA 26-0001 and Zoning Map Amendment No. ZOA 26-0001 to ensure consistency between the City's General Plan Land Use Map and Official Zoning Map; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 20, 2026, and adopted Resolution No. PC-26-08 recommending approval of Zoning Map Amendment No. ZOA 26- 0001; and
WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered all testimony and evidence presented regarding the proposed zoning map amendments; and
WHEREAS, the City Council has reviewed and considered the Addendum to the previously adopted IS/MND and MMRP prepared for the Project pursuant to CEQA Guidelines Sections 15162 and 15164; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chowchilla hereby finds, determines and declares the following:

SECTION 1. Incorporation of Recitals
The foregoing recitals are true and correct and are incorporated herein as findings of the City Council.

SECTION 2. Findings for Zoning Amendment

1. The proposed zoning amendments are consistent with the goals, policies, and land use designations of the City of Chowchilla General Plan.

2. The proposed zoning amendments promote orderly growth and development and protect the public health, safety, and welfare.

3. The proposed zoning amendments are consistent with Chapter 18 of the Chowchilla Municipal Code and applicable provisions of California law.

4. The zoning amendments approved herein do not reduce the residential capacity of any site identified in the City's Housing Element inventory for lower-income housing needs.

SECTION 3. Amendment to Official Zoning Map.

The Official Zoning Map of the City of Chowchilla is hereby amended as identified in Exhibit "B," attached hereto and incorporated herein by this reference.

SECTION 4. CEQA.

The City Council has reviewed and considered the Addendum to the previously adopted IS/MND and MMRP prepared for the Project pursuant to CEQA Guidelines Sections 15162 and 15164.

SECTION 5. Severability.

SECTION 6. Effective Date.

This ordinance shall take effect thirty (30) days after its adoption.

SECTION 7. Publication.

The City Clerk shall certify to the adoption of this ordinance and shall cause it to be published in accordance with state law.

INTRODUCED at a regular meeting of the City Council of the City of Chowchilla held on the 9th day of June, 2026.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this __th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
Exhibit A: Existing Zoning Map
Exhibit A
Existing Zoning Map
Exhibit B: Proposed Zoning Map
Exhibit B
Proposed Zoning Map
Exhibit C:

Addendum to Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program
Ranco Calera Block 12 addendum ISMND
Attachment 7: Resolution 26-09 – Tentative Subdivision Map #25-0878 PLANNING COMMISSION RESOLUTION #26-09

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHOWCHILLA, CALIFORNIA RECOMMENDING APPROVAL OF TENTATIVE SUBDIVISION MAP #25-0878 ALONG WITH THE

MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING

PROGRAM WITH THE CONDITIONS AS SET FORTH IN THIS RESOLUTION WHEREAS, a Tentative Subdivision Map application has been submitted by Rancho Calera, LLC which would be considered Phase 1 of construction for the Rancho Calera Specific Plan; and, WHEREAS, the Rancho Calera Specific Plan, an Environmental Impact Report, a Statement of Overriding Consideration, and a Mitigation and Monitoring Reporting Program for the Rancho Calera Project were approved by the Chowchilla City Council on May 2, 2011; and, WHEREAS, the Project site lies approximately one-half mile east of Chowchilla’s City Center, a mile northeast of the Chowchilla Municipal Airport, and immediately northeast of the East Robertson Boulevard and Highway 99 interchange; and,
WHEREAS, the site is located along Robertson Boulevard, east of Fig Tree Boulevard, with Ronald Reagan Elementary School located northwest of the site; and, WHEREAS, Tentative Subdivision Map 25-0878 consists of fifty-three residential subdivision lots and one mixed-use commercial lot on approximately 14.6 acres; and, WHEREAS, the lots range in size from approximately 5,000 square feet to approximately 11,190 square feet; and,
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines, a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was prepared for the Project and concluded that all potential impacts would be reduced to a level of less than significant with implementation of all proposed mitigation measures; and, WHEREAS, adherence to the proposed conditions of approval would eliminate any potential for unintended negative impacts; and,
WHEREAS, this public hearing was duly noticed for May 20, 2026, Special Planning Commission meeting; and,
WHEREAS, the Planning Commission has carefully considered the staff report, recommendations and all oral and written evidence presented during the public hearing; and, NOW, THEREFORE, the Planning Commission of the City of Chowchilla does hereby resolve to recommend approval of Tentative Subdivision Map #25-0878 along with the accompanied MND/MMRP the conditions of approval as set forth in Attachment 3.

PASSED AND ADOPTED by the Planning Commission of the City of Chowchilla at a regular meeting held on the 20th day of May, 2026, by the following vote:

AYES: 4 – Hale, Plascencia, Vander Dussen, Wallen
NOES: 0
ABSENT: 1 - Salter
ABSTAIN: 0
COUNCIL RESOLUTION #XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA APPROVING TENTATIVE SUBDIVISION MAP NO. 25-0878 ALONG WITH THE MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM WITH

THE CONDITIONS AS SET FORTH IN THIS RESOLUTION
WHEREAS, a Tentative Subdivision Map application has been submitted by Rancho Calera, LLC which would be considered Phase 1 of construction for the Rancho Calera Specific Plan; and WHEREAS, the Rancho Calera Specific Plan, an Environmental Impact Report, a Statement of Overriding Consideration, and a Mitigation and Monitoring Reporting Program for the Rancho Calera Project were approved by the Chowchilla City Council on May 2, 2011; and WHEREAS, the Project site lies approximately one-half mile east of Chowchilla's City Center, a mile northeast of the Chowchilla Municipal Airport, and immediately northeast of the East Robertson Boulevard and Highway 99 interchange; and
WHEREAS, the site is located along Robertson Boulevard, east of Fig Tree Boulevard, with Ronald Reagan Elementary School located northwest of the site; and WHEREAS, Tentative Subdivision Map No. 25-0878 consists of fifty-three residential subdivision lots and one mixed-use commercial lot on approximately 14.6 acres; and WHEREAS, the lots range in size from approximately 5,000 square feet to approximately 11,190 square feet; and
WHEREAS, pursuant to CEQA Guidelines, a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) was prepared for the Project and concluded that all potential impacts would be reduced to a level of less than significant with implementation of all proposed mitigation measures; and
WHEREAS, adherence to the proposed conditions of approval would eliminate any potential for unintended negative impacts; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 20, 2026, carefully considered the staff report, recommendations, and all oral and written evidence presented, and adopted Resolution No. 26-09 recommending that the City Council approve Tentative Subdivision Map No. 25-0878; and
WHEREAS, the City Council conducted a duly noticed public hearing on June 9, 2026, and considered all oral and written evidence presented regarding the Project, including the recommendation of the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chowchilla hereby approves Tentative Subdivision Map No. 25-0878 along with the accompanied MND/MMRP and the conditions of approval as set forth in Attachment 3.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
Exhibit A: Tentative Subdivision Map
Exhibit A
Rancho Calero Block 12
Tentative Subdivision Map 25-0878
Exhibit B:

Conditions of Approval (COA)

GENERAL CONDITIONS

28.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.

29.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.

30.All construction shall be in accordance with the approved Tentative Subdivision Map.

31.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.

32.Prior to issuance of Certificate of Occupancy, the Applicant shall pay any outstanding invoices that have been issued by the City.

33.Prior to issuance of Certificate of Occupancy, the Applicant shall pay all applicable City Impact fees.

34.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

11.The developer shall be responsible for payment of any outstanding invoices prior to recordation of the Final Map for Tentative Subdivision No. 25-0878.

12.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.

13.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.

14.The developer shall adhere to all provisions as set forth in the Development Agreement.

15.Construction hours shall be limited to Monday to Saturday from 7:00 AM to 6:00 PM.

16.If approved, Tentative Subdivision Map No. 25-0878 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.

17.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.

18.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.

19.Prior to issuance of a Certificate of Occupancy, the City will review these conditions to ensure the Applicant has fully complied with them.

20.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, the Mitigation and Monitoring Reporting Program from the Mitigated Negative Declaration prepared for the Project and adopted on December 12, 2021, and the Addendum to Mitigation and Monitoring Reporting Program from the Mitigated Negative Declaration prepared for the project and adopted concurrently with TSM 25-0878, the including all conditions of approval previously approved for the Project.

SURVEYING CONDITIONS

8. 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.

9. 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.

10. 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.

11. 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.

12. Show public access restriction for south right of way line of Public Street C along the north line of Ease Robertson Boulevard.

13. 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.

14. 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

35.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".

36.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.

37.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.

38.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.

39.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.

40.The developer shall submit a soils report for approval by the City Engineer with the first submittal of the improvement plans.

41.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.

42.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.

43.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. Streetlights shall be owned and maintained by City of Chowchilla. Developer shall prepare a streetlighting plan for approval by the City Engineer.

44.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.

45.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

46.All knuckles and cul-de-sacs shall be designed in accordance with City Standards.

47.The Applicant shall construct concrete curb and gutter per City of Chowchilla Standard Drawing ST10.

48.Install Temporary Timber Barricade per City of Chowchilla Standards ST-19 at the end of Genoa Lake Way.

49.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

50.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.

51. Any onsite drainage collection system shall be designed to accommodate a 10-year, 24-hour storm event.

Water

52.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.

53.The Applicant shall install fire service per City of Chowchilla Standard Drawing W-27 and W-28 and Fire Department requirements.

54.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.

55.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

56.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

57.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

58.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.

59.A deferment, modification, or waiver of any engineering conditions will require the express written approval of the City Engineer.

60.The conditions given herein are for the entire development. Additional requirements for individual phases may be necessary pending review by the City Engineer.

61.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.

Exhibit C:

Addendum to Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program
Ranco Calera Block 12 addendum ISMND

Attachment 8
Public Hearing Notice

CITY OF CHOWCHILLA

CITY COUNCIL

General Plan, Zoning, and Specific Plan Amendment for the Rancho Calera and Tentative Subdivision Map No. 25- 0878 and the Amended Initial Study/Mitigated Negative Declaration (IS/MND), Chowchilla, CA 93610 City Council will consider a request by Pembrook Development for a Specific Plan Amendment, General Plan Amendment, Zoning Map Amendment, TSM 25-0878 and the accompanied amended IS/MND.

AND
Tentative Parcel Map No. 25-0030 & Notice of Exemption (NOE) for 705.S. 3rd Street, Chowchilla, CA 93610 City Council will also consider a request from Markus Czirban to consider TPM25-0030 and the accompanied NOE for the property located at 705 S. 3rd Street, Chowchilla, CA.

AND
Pre-Zoning, Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and Approval of Annexation Application to Madera Local Agency Formation Commission (LAFCo) City Council will also consider the pre-zoning, MND, MMRP and submission of an annexation application to Madera LAFCo for approximately 53.24 acres located on the southwest corner of Robertson Blvd. and Road 15.

Chowchilla Boulevard APNs: 002-060-005, 002-120-001, 002-120-005, 002-120-006, 002-120-060, 002-120-008, 002-120-010, 002-120- 011, 002-120-012, 002-180-001, 002-180-002, 002-1800-003, 002-180-004.

Front Street APNs: 002-116-013, 002-116-003, 002-116-004, 002-056-014, 002-056-014, 002-115-004, 002-115-012, 002-116-014, 002- 056-021, 002-056-015, 002-116-010, 002-115-009, 002-115-010, 002-116-009, 002-056-005, 002-056-012, 002-115-016, 002-056-009, 002-115-007, 002-115-014, 002-115-013, 002-116-011, 002-056-018, 002-115-015, 002-115-003, 002-115-002, 002-115-005, 002-116- 006, 002-116-007, 002-115-011, 002-056-003, 002-056-004, 002-056-022, 002-056-013, 002-056-010, 002-056-011, 002-175-001, and 002-056-020.

Southeast and southwest Robertson Boulevard APN’s: 002-041-002, 002-041-007, 002-041-007, 002-037-010, 002-037-011, 002-037- 012, 002-035-006, 002-035-005, 002-035-004, 002-035-003, 002-035,002, 002-035-001, 002-033-010, 002-033-009, 002-033-002, 022- 033-011, 002-033-012, 002-031-002, 002-031-008, 002-031-009, 002-031-016, 002-015, 002-023-013, 002-023-003, 002-023-002, 002- 021-003, 002-021-002, and 002-021-001.

Northwest and northeast Robertson Boulevard APNs: 001-112-006, 001-112-007, 001-118-004, 001-118-006, 001-118-007, 001-104-025, 001-104-016, 001-104-020, 001-102-014, 001-102-022, 001-102-018, 001-102-024, 001-104-017, 001-114-010, 001-116-006, 001-118- 005, 001-104-023, 001-114-005, 001-104-021, 001-102-023-, 001-102-013, 001-114-009, 001-116-003, 001-104-015, 001-104-019, 001- 102-015, 001-112-011, 001-112,012, 001-116-013, 001-104-018, 001-104-024, 001-114-006, and 001-102-021.

Kings Avenue APNs: 001-112-001, 001-112-003, 001-112-004, 001-112-009, 001-114-002, 002-114-003, 001-116-016, 001-116-017, 001- 116-014, 001-116-012, 001-102-001, 001-104-002, 001-104-004, 001-104-009, 001-104-012, 001-112-002, 001-118-008, 001-104-005, 001-104-006, 001-116-016, 001-118-009, 001-102-004, 001-102-012, 001-104-010, 001-102-006, 001-114-004, 001-104-003, 001-118- 002, 001-118-003, 001-118-002, 001-118-010, 001-102-020, 001-104-001, 001-104-011, 001-102-005, 001-102-007, 001-112-010, 001- 114-001, 001-118-011, 001-102-003, and 001-102-009.

Ventura Avenue APN 001-180-021.

Adams Drive APN 002-220-086.

Genoa Lake Way APNs 014-260-003, 014-260-004, 014-260-005, 014-260-006, 014-260-007, and 014-020-118.

Montgomery Lay Way and Genoa Lake Way APN 014-020-031.

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 Denise Munoz, 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 Planning Commission at, or prior to, the Public Hearing.

Denise Munoz
Director of Community & Economic Development Department(559) 665-8615 ext. 400 [email protected]

REPORT TO THE CITY COUNCIL
Item 4.5

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THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Public Hearings
SUBJECT: Consideration of an Ordinance Amending Chowchilla Municipal Code Section 15.12
PREPARED BY: Fred Gaumnitz, Fire Chief

ATTACHMENTS: Draft Ordinance
November 14, 2023, Staff Report Introducing an Ordinance Amending Title 15 of the Chowchilla Municipal Code
Proposed amendments to Chapter 15.12

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

That the City of Chowchilla (“City”) Council introduce and waive the first reading of an Ordinance amending section 15.12 of the Chowchilla Municipal Code.

BACKGROUND:

In 2021, Community and Economic Development staff worked with the City’s Fire Chief and legal counsel to update Title 15 of the Chowchilla Municipal Code, to promote consistency with the triennially updated State Building and Fire Codes, and make local amendments based on local climatic, geological, and topographical conditions pursuant to Health and Safety Code sections 17958 and 17958.5. On November 14, 2023, the City introduced an ordinance amending various sections of Title 15, including section

15.12.120. The City’s Staff Report introducing the ordinance included a redlined version of the proposed ordinance, which accurately reflected the language the City intended to adopt.

On November 28, 2023, Ordinance No. 517-23 was adopted; it amended sections of Title 15 of the City Municipal Code, including section 15.12.120. Due to a clerical error, Ordinance 517-23, as approved, did not accurately reflect the City’s intent for section 15.12.120, as documented by the redlined version of the ordinance introduced on November 14, 2023.

Specifically, section 15.12.120, subdivision (B) states the requirements for automatic sprinkler systems.

Paragraph 1 sets forth standards for new structures, paragraph 2 for existing structures, and paragraph 3 for additions to existing structures. One term of paragraph one: “and the total remodel exceeds fifty feet and the total remodel exceeds fifty percent (50%) of the building's square footage or the cost exceeds one hundred thousand dollars ($100,000.00) as determined by the City,” was meant to be a part of paragraph 2 but was inadvertently placed in paragraph 1.

The City Council also seeks to change the word “squire” to “square” in subparagraph c of paragraph 2 of subdivision G of section 15.12.120. Subparagraph c currently states:

In the case of a change in the type of use or occupancy an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) squire feet which in that case the more restrictive provision shall apply.

Lastly, paragraph 4 of subdivision G of section 51.12.120 lists exceptions, numbered one and two. The Ordinance would adjust their alignment so that the exception numerals align with paragraphs one through four above the exceptions.

REASON FOR RECOMMENDATION:

The ordinance, if adopted, would accurately reflect council’s intended action, and will correct the language which is currently inconsistent with Council’s intent when it adopted Ordinance 517-23.

FISCAL IMPACT:

The adoption of this Ordinance has no direct fiscal impact on the City.

ALTERNATIVES:

1. Continue the item to a future meeting; or

3. Not approve the ordinance and leave Municipal Code in its current state.

ACTIONS FOLLOWING APPROVAL:

Within fifteen days of adoption, the Clerk’s Office will publish the summary of the amended ordinance and the voting results stating who was for or against the amendment. After thirty days, the amended ordinance will go into effect.

ORDINANCE # XXX-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA AMENDING CHAPTER 15.12 OF THE CHOWCHILLA MUNICIPAL CODE

WHEREAS, the City of Chowchilla (“City”) seeks to update provisions related to their requirements for installing automatic sprinkler systems; and WHEREAS, the City desires to ensure that their automatic sprinkler system requirements comply with the state fire code.

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

SECTION 1. Subsection G of Section 15.12.120 (“Amendments to the California Fire Code”) of the City Municipal Code is hereby amended to read as follows:

G. Amend California Fire Code Section 903.2 to read as follows:

Automatic Sprinkler Systems.

1. Notwithstanding any less restrictive provision of Section 903 of the California Fire Code, an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply.

2. a. In the case of a remodel of an existing building or structure an automatic sprinkler system shall be provided in the locations described in Section 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet and the total remodel exceeds fifty percent (50%) of the building's square footage or the cost exceeds one hundred thousand dollars ($100,000.00) as determined by the City, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply.
b. In the case of an addition to an existing building or structure an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds five thousand (5,000) square feet or the addition causes the fire area to exceed five thousand (5,000) square feet and the addition exceeds twenty-five percent (25%) of the existing building square footage and the total proposed building area is five thousand (5,000) square feet or larger, an approved automatic sprinkler system shall be installed in the building, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet, which in that case the more restrictive provision shall apply. The twenty-five percent (25%) threshold shall be cumulative over the life of the building.

Exception: Building additions of entirely non-combustible construction and noncombustible uses such as covered pedestrian walkways. c. In the case of a change in the type of use or occupancy an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet 2 unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply.

3. Fire Control Room. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Said room shall contain all system control valves, fire alarm control panels, HVAC duct detector test and reset switches and other fire equipment required by the Fire Chief. Fire control rooms shall be located within the building at a location approved by the Fire Chief and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the "Fire Control Room".

4. Locking Devices Fire Department Connections. Every building equipped with a fire sprinkler system shall be required to install lockable type devices on Fire Department Connection. Said device shall be approved by the Fire Department (Knox Fire Department Connection).

Exceptions:

1. Where the California Fire Code and/or California Building Code are more restrictive, the most restrictive occupancy requirements will be followed.

2. Area separation walls, the extent and location of such wall shall provide a complete separation or division to limit the floor area to five thousand (5,000) square feet.

Separation shall be four-hour fire resistive construction. Four-hour separation walls shall be constructed in accordance with the current California Building Code.

SECTION 2. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 4. PUBLICATION. The City Clerk is hereby directed to post a summary and certified copy of this Ordinance in the City Clerk’s office at least five (5) days prior to adoption and to publish a summary of the Ordinance in the Madera Tribune, a newspaper of general circulation, within fifteen (15) days after its adoption.

INTRODUCED at a regular City Council meeting on the 9th day of June 2026.

PASSED AND ADOPTED, by the City Council of the City of Chowchilla at a Regular Meeting held this _____ day of ______________ 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
3 APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 4.4

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THE AGENDA
Meeting of: November 14, 2023
AGENDA SECTION: Public Hearing
SUBJECT: Introduction of an Ordinance of the City Council of the City of Chowchilla Amending Various Sections of Title 15, Buildings and Construction, of the Chowchilla Municipal Code
PREPARED BY: Mark Hamilton, Director of Community & Economic Development ATTACHMENTS: Track Changes Version of Ordinance

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

That the City Council introduces the ordinance amending various sections of Title 15 of the Chowchilla Municipal Code; and, schedule the adoption of the amended ordinance for November 28, 2023.

BACKGROUND:

In 2020, the City Administrator tasked staff to review various current City Ordinances that were either grossly outdated or were no longer in compliance with current State and local codes. It was determined that Title 15 – Building and Construction would need to updated to follow current State Building and Fire Codes. It was past City practices to update the ordinance every three years. However, as staffing changed, the process of routinely updating the ordinance became a challenge.

REASON FOR RECOMMENDATION:

In 2021, Community & Economic Development staff began working with the City’s Fire Chief and legal counsel updating Title 15 of the Chowchilla Municipal Code. The “Track Change” version for Title 15 is attached for review. The whole Chapter was reviewed updated for grammar, clarifying definitions, pronouns, fees, and cleaning up any uncertainty regarding the City’s processes.

Substantial changes were made to the following sections:
a. 15.04.030 – One and Two Family Dwelling Code – Adopted b. 15.04.120 - City Declared fire zone – Districts designated c. 15.12.030 – Bureau of fire prevention – Established – Organization – Power and duties d. 15.12.120 – Amendments to the California Fire Code
e. 15.16 – Security Provisions
f. The deletion of the code cycle being used in multiple sections.

FISCAL IMPACT:

There is no fiscal impact to City.

ALTERNATIVES:

The City of Chowchilla to continue using the current Municipal Code Title 15 – Building and Construction ACTIONS FOLLOWING APPROVAL:
• Bring back to City Council for the 2nd Reading of amended ordinance. • Within fifteen (15) days of adoption, the Clerk's Office will publish the summary of the amended ordinance and the voting results of who was for or against the amendment. • Post amended ordinance in the kiosk for public review. • After thirty (30) days, the amended ordinance goes into effect.

G. Amend California Fire Code Section 903.2 to read as follows:

Automatic Sprinkler Systems.

1. Notwithstanding any less restrictive provision of Section 903 of the California Fire Code, an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet and the total remodel exceeds fifty percent (50%) of the building's square footage or the cost exceeds one hundred thousand dollars ($100,000.00) as determined by the City, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply.

2. a. In the case of a remodel of an existing building or structure an automatic sprinkler system shall be provided in the locations described in Section 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet and the total remodel exceeds fifty percent (50%) of the building's square footage or the cost exceeds one hundred thousand dollars ($100,000.00) as determined by the City, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply. b. In the case of an addition to an existing building or structure an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds five thousand (5,000) square feet or the addition causes the fire area to exceed five thousand (5,000) square feet and the addition exceeds twenty-five percent (25%) of the existing building square footage and the total proposed building area is five thousand (5,000) square feet or larger, an approved automatic sprinkler system shall be installed in the building, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet, which in that case the more restrictive provision shall apply. The twenty-five percent (25%) threshold shall be cumulative over the life of the building.

Exception: Building additions of entirely non-combustible construction and non-combustible uses such as covered pedestrian walkways.
c. In the case of a change in the type of use or occupancy an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) squire square feet which in that case the more restrictive provision shall apply.

Exceptions:

1. Where the California Fire Code and/or California Building Code are more restrictive, the most restrictive occupancy requirements will be followed.

2. Area separation walls, the extent and location of such wall shall provide a complete separation or division to limit the floor area to five thousand (5,000) square feet.

Separation shall be four-hour fire resistive construction. Four-hour separation walls shall be constructed in accordance with the current California Building Code.

REPORT TO THE CITY COUNCIL
Item 4.6

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THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Public Hearing
SUBJECT: Public Hearing and Resolution Regarding the Closeout of State Community Development Block Grant (CDBG) Contract for Americans with Disabilities Act (ADA) Sidewalk Improvement Predevelopment
PREPARED BY: Noel Azevedo, Administrative Analyst
APPROVED BY: Dustin Ensminger, Public Works Director
ATTACHMENTS: Resolution

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

City Council to open the public hearing to solicit citizen input regarding expenditures and accomplishments of the funding received under the contract; adopt a resolution to formally accept the ADA Sidewalk Improvements Plans and Specifications; and direct staff to proceed with submitting required documents of closeout to the state.

BACKGROUND:

On November 17, 2022, the City was awarded CDBG Funding (21-CDBG-PL-30008) in the amount of $125,000.00. The funded activity and summary of the accomplishments is as follows:
• The City received funding through the CDBG Program to design ADA compliant curb ramps at various intersections around the City. This work included providing environmental clearances in preparation for construction. The completed design includes the replacement or addition of 27 ADA-compliant curb ramp improvements at 12 street intersections in the downtown area including at area surrounding a local public school, and a City park. o Grant awarded $125,000, expended $125,000.

As authorized by City Council, design services were started by Quad Knopf, Inc. shortly thereafter and the design work has been completed.

REASON FOR RECOMMENDATION:

Housing and Community Development (HCD) requires the following elements to close out the project:
public noticing, proof of noticing, closeout final hearing, hearing resolution, as well as final reporting and acknowledgement.

The public hearing notice was published in the Madera Tribune on May 27, 2026. Presentation at the June 9, 2026 City of Chowchilla Council Meeting and anticipated council approval, will provide the remaining elements needed to fulfill the requirements to close out the project with HCD.

FISCAL IMPACT:

There is no fiscal impact from this report as the CDBG funds have been expended.

ALTERNATIVES:

As this Public Hearing is to receive and accept comments from the public, no alternative is suggested at this time.

ACTIONS FOLLOWING APPROVAL:

1. Resolution.

2. Proceed with preparation of the project closeout.

COUNCIL RESOLUTION # XX-26

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

ACCEPT THE PUBLIC HEARING AND RESOLUTION REGARDING THE CLOSEOUT OF STATE

COUMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT FOR AMERICANS WITH

DISABILITIES ACT (ADA) SIDEWALK IMPROVEMENT PREDEVELOPMENT WHEREAS, the City received Community Development Block Grant (CDBG) Funds under contract 21-CDBG-PL-30008; and
WHEREAS, Quad Knopf, Inc., has completed the design for ADA Sidewalk improvements Predevelopment; and
WHEREAS, public hearing notice was published in the Madera Tribune on May 27, 2026; and WHEREAS, a public hearing was conducted on June 9, 2026 and public input was taken into consideration regarding the Sidewalk Improvement Predevelopment Project.

WHEREAS, the Director of Public Works recommends the acceptance of the ADA Sidewalk Improvement Predevelopment Project and requests City Council to authorize the Director of Public Works to proceed with preparation and to officially close out the contract.

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

1. The above recitals are true and correct.

2. The City Council accepts the ADA Sidewalk Improvement Predevelopment.

3. The Director of Public Works is authorized to proceed with preparation and to officially close out the contract.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kelly Smith, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 4.7

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THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: Public Hearing
SUBJECT: Public Hearing and Resolution Regarding the Closeout of State Community Development Block Grant (CDBG) Contract for Kings Ave Storm Drain Predevelopment
PREPARED BY: Noel Azevedo, Administrative Analyst
APPROVED BY: Dustin Ensminger, Public Works Director
ATTACHMENTS: Resolution

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

City Council to open the public hearing to solicit citizen input regarding expenditures and accomplishments of the funding received under the contract; adopt a resolution to formally accept the Kings Ave Storm Drain Predevelopment; and direct staff to proceed with submitting required documents of closeout to the State.

BACKGROUND:

On September 15, 2023, the City was awarded CDBG Funding (22-CDBG-PL-20036) in the amount of $181,900.00. The funded activity and summary of the accomplishments is as follows:
• The City received funding through the CDBG Program to provide topographic survey, civil design, and environmental clearance for the project (excluding construction). The completed design includes storm drain improvements along Kings Avenue from 3rd Street to 15th Street, with some lines extending down 5th Street, 7th Street and 11th Street and will tie into the existing storm drain in 15th Street.
o Grant awarded $181,900.00, expended $181,900.00.

As authorized by City Council, design services were started by Quad Knopf, Inc. shortly thereafter and the design work has been completed.

REASON FOR RECOMMENDATION:

The public hearing notice was published in the Madera Tribune on Saturday, May 27, 2026. Presentation at the June 9, 2026 City of Chowchilla Council Meeting and anticipated council approval will provide the remaining elements needed to fulfill the requirements to close out the project.

FISCAL IMPACT:

There is no fiscal impact from this report as the CDBG funds have been expended.

ALTERNATIVES:

As this Public Hearing is to receive and accept comments from the public, no alternative is suggested at this time.

ACTIONS FOLLOWING APPROVAL:

1. Resolution.

2. Proceed with preparation of the project closeout.

COUNCIL RESOLUTION # XX-26

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

ACCEPT THE PUBLIC HEARING AND RESOLUTION REGARDING THE CLOSEOUT OF STATE

COUMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT FOR KINGS AVENUE STORM

DRAIN PREDEVELOPMENT
WHEREAS, the City received Community Development Block Grant (CDBG) Funds under contract 21-CDBG-PL-30008; and
WHEREAS, Quad Knopf, Inc., has completed the design and environmental clearance for Kings Ave Strom Drain Predevelopment; and
WHEREAS, public hearing notice was published in the Madera Tribune; and WHEREAS, the Director of Public Works recommends the acceptance of the Kings Ave Storm Drain Predevelopment and requests City Council to authorize the Director of Public Works to proceed with preparation and to officially close out the contract.

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

1. The above recitals are true and correct.

2. The City Council accepts the Kings Ave Strom Drain Predevelopment.

3. The Director of Public Works is authorized to proceed with preparation and to officially close out the contract.

4. This resolution is effective immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026 by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Kelly Smith, Mayor
ATTEST:

Joann McClendon, CMC
City Clerk

REPORT TO THE CITY COUNCIL
Item 6.1

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THE AGENDA
Meeting of: June 9, 2026
AGENDA SECTION: New Business / Action Item
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA

AUTHORIZING THE ISSUANCE OF BONDS OF COMMUNITY FACILITIES DISTRICT NO. 2025-2; AUTHORIZING THE EXECUTION AND DELIVERY OF

A FISCAL AGENT AGREEMENT, A BOND PURCHASE AGREEMENT, AN ESCROW AGREEMENT, AND A CONTINUING DISCLOSURE CERTIFICATE;

APPROVING THE FORM OF THE OFFICIAL STATEMENT AND THE
DISTRIBUTION THEREOF; AND AUTHORIZING OTHER ACTIONS RELATED

THERETO
PREPARED BY: Rod Pruett, City Administrator
ATTACHMENTS: Resolution;
Form of Fiscal Agent Agreement;
Form of Escrow Agreement;
Form of Preliminary Official Statement;
Form of Bond Purchase Agreement.

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

That the City Council adopt the attached Resolution to authorize the issuance of special tax bonds (the “Bonds”) of the Community Facilities District No. 2025-2 (Replacement of CFD 2006-1) in a principal amount not to exceed $6,500,000, for the purpose of redeeming outstanding 2007 Bonds (defined below).

BACKGROUND:

The City Council has previously formed the City’s CFD No. 2006-1 (“CFD 2006-1”) in order to finance certain public infrastructure projects (the “Facilities”) and to finance certain municipal services (the “Services”). The City issued one series of special tax bonds of CFD 2006-1, on June 7, 2007 (the “2007 Bonds”), which bonds are currently outstanding in the principal amount of $4,990,000.

The City formed its Community Facilities District No. 2025-2 (Replacement of CFD 2006-1) (“CFD 2025- 2”), in order to amend the Rate and Method of Apportionment by ultimately replacing CFD 2006-1.

Subsequent to the establishment of CFD 2025-2, the City called and conducted a special election within CFD 2025-2 at which election the qualified electors of CFD 2025-2 approved (1) the issuance of the Bonds of CFD 2025-2 to redeem the 2007 Bonds and (2) the levy of special taxes in CFD 2025-2 to repay bonded indebtedness and pay for the Services (currently financed with CFD 2006-1.

Now, in keeping with the overall plan to replace CFD 2006-1 as described above, the City intends to proceed with the issuance of the Bonds of CFD 2025-2. The Resolution presented for City Council consideration authorizes such issuance of the Bonds, prescribes certain terms of the Bonds, and approves the form of necessary documents and the taking of necessary actions.

In particular, the Resolution approves the forms of the following documents, and authorizes City staff to execute and deliver such documents in connection with the sale of the Bonds:

Fiscal Agent Agreement: This agreement represents the “indenture” under which the Bonds are issued, and governs all conditions related to the Bonds including the establishment of accounts, the flow of funds, and call provisions. It also governs the responsibilities under which the Fiscal Agent (U.S. Bank) will operate.

Escrow Agreement: This agreement provides for the irrevocable deposit of Bond proceeds into an escrow account and held until the redemption of the 2007 Bonds. Such irrevocable deposit is necessary due to the fact that the redemption date for the 2007 Bonds is September 1, nearly three months after the issuance of the Bonds.

Bond Purchase Agreement: This agreement governs the conditions by which the Underwriter (Oppenheimer) will purchase the Bonds from the City and resell them to investors.

Continuing Disclosure Certificate: This agreement governs the responsibilities of the City for the filing of annual continuing disclosure on the Electronic Municipal Market Access system (“EMMA”) and the filing of material event notices, if any, that may occur over the life of the Bonds. The form of Continuing Disclosure Certificate is included as an exhibit to the form of preliminary Official Statement, described below.

Official Statement: This document, included in the form of the “Preliminary Official Statement” serves as the primary document used by the Underwriter to market and sell the Bonds to investors. The document contains summary information about the Bonds, CFD 2025-2, the City and all related provisions.

REASON FOR RECOMMENDATION:

Issuance of the Bonds and redemption of the 2007 Bonds will result in a more desirable rate and method of apportionment of special taxes, benefitting all landowners within the current CFD 2006-1.

FISCAL IMPACT:

There is no fiscal impact to the City.

ALTERNATIVES:

Do not approve issuing bonds to redeem the outstanding 2007 bonds and keep the current rate and method of apportionment.

ACTIONS FOLLOWING APPROVAL:

Next Steps in The Bond Issuance Process
Should the City Council approve the financing tonight, it is anticipated that the sale of the Bonds will occur later this month, and the closing will occur mid-July.

Tuesday June 9, 2026 City Council Consideration
Thursday June 11, 2026 (tent.) Print and Post the Preliminary Official Statement Wednesday June 24, 2026 Pricing and sale of the Bonds
Weeks of June 29 and July 6 Finalize and Execute all Documents Wednesday July 15, 2026 Closing and Transfer Funds
September 1, 2026 Redeem 2007 Bonds with proceeds of 2025-2 Bonds 4931-9657-6925
COUNCIL RESOLUTION # XX-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOWCHILLA, CALIFORNIA AUTHORIZING THE ISSUANCE OF BONDS OF COMMUNITY FACILITIES DISTRICT NO. 2025-2; AUTHORIZING THE EXECUTION AND DELIVERY OF A FISCAL AGENT

AGREEMENT, A BOND PURCHASE AGREEMENT, AN ESCROW AGREEMENT, AND A CONTINUING DISCLOSURE CERTIFICATE; APPROVING THE FORM OF THE OFFICIAL STATEMENT AND THE DISTRIBUTION THEREOF; AND AUTHORIZING OTHER ACTIONS

RELATED THERETO
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, Part 1, Division 2, Title 5 (commencing with Section 53311) of the California Government Code) (the “Act”), the City Council (the “City Council”) of the City of Chowchilla (the “City”) previously formed the City of Chowchilla Community Facilities District No. 2006-1 (“CFD No. 2006-1”) and designated Improvement Area 1 (“Area 1”) therein; and
WHEREAS, on June 7, 2007, the City issued $8,615,000 of its City of Chowchilla Community Facilities District No. 2006-1, Improvement Area 1, Special Tax Bonds, Series 2007 (the “2007 Bonds”) payable from special taxes levied on property in Area 1; and WHEREAS, on October 28, 2025, the City Council adopted its Resolution # 87-25 (the “Resolution of Formation”) establishing the City of Chowchilla Community Facilities District No. 2025-2 (Replacement of CFD 2006-1) (“CFD No. 2025-2”), pursuant to the Act, describing the special tax to be levied subject to voter approval (the “Special Tax” or “Special Taxes”) and describing the services to be funded and the 2007 Bonds to be repaid; and WHEREAS, on October 28, 2025, the City Council adopted its Resolution # 88-25, declaring the necessity to incur bonded indebtedness of CFD No. 2025-2; and WHEREAS, on October 28, 2025, the City Council adopted its Resolution # 89-25, calling an election on the levy of the Special Tax, the incurrence of bonded indebtedness, and the establishment of an appropriations limit for CFD No. 2025-2; and WHEREAS, on February 24, 2026, the qualified electors of CFD No. 2025-2 authorized the City Council to levy the Special Tax upon the land within the CFD No. 2025-2 and to issue bonds secured by the Special Taxes in the principal amount of not to exceed $6,500,000 for the purpose of repaying the 2007 Bonds, all pursuant to the terms of the Act; and WHEREAS, the City Council now desires to issue bonds designated “City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1)” (the “Bonds”) pursuant to the Act and under a Fiscal Agent Agreement hereafter described and authorized by this Resolution (the “Fiscal Agent Agreement”), for the purpose of financing the defeasance and redemption of the 2007 Bonds; and
WHEREAS, the following documents and proposed agreements relating to the issuance, sale and delivery of the Bonds, incorporated herein by reference, have been presented to the City Council for its review and approval:

1. The Fiscal Agent Agreement by and between U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”), and the City, pursuant to which the City will issue the Bonds;
4931-9657-6925 -2- Bond Issuance Resolution
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)

2. The bond purchase agreement (the “Bond Purchase Agreement”) between the City and Oppenheimer & Co. Inc. (the “Underwriter”), pursuant to which the City will sell the Bonds to the Underwriter in a negotiated sale;

3. The escrow agreement (the “Escrow Agreement”) between U.S. Bank Trust Company, National Association, as escrow agent (the “Escrow Agent”), and the City, pursuant to which the Escrow Agent will hold proceeds of the Bonds and apply such proceeds to the redemption of the 2007 Bonds;

4. The continuing disclosure certificate (the “Continuing Disclosure Certificate”) relating to the Bonds (the form of which is attached as an appendix to the Official Statement); and

5. The Official Statement relating to the Bonds, in the form of the Preliminary Official Statement.

WHEREAS, amendments to Government Code section 88550 made by SB 1029, effective January 1, 2017, impose upon local agencies a mandate to adopt local debt policies prior to their issuing any debt after January 1, 2017; and WHEREAS, the City has previously adopted local goals and policies in accordance with the Act (“Goals and Policies”), and hereby finds that the financing contemplated herein is in compliance with the Goals and Policies; in the event of an inconsistency between the financing and the Goals and Policies the City Council hereby waives the applicable requirement of the Goals and Policies; and
WHEREAS, by resolution adopted on May 12, 2026, the City Council has approved and adopted the local debt policy, which includes each element dictated by the Legislature; the delivery of the Bonds will be in compliance with said local debt policy except as otherwise provided herein.

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

Section 1. Recitals. The above recitals are true and correct and the City Council so finds and determines.

Section 2. Authorization of Officers to Execute and Deliver Documents. The City Council hereby authorizes the Mayor, the City Administrator, the Finance Director, the City Clerk, and their designees (the “Designated Officers”), and each of them individually, for and in the name of the City and on behalf of the City, to approve, execute, and deliver the following agreements and documents:
(a) Fiscal Agent Agreement;
(b) Bond Purchase Agreement;
(c) Escrow Agreement;
(d) Continuing Disclosure Certificate; and
(e) Official Statement,
4931-9657-6925 -3- Bond Issuance Resolution
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)
in substantially the forms presented to the City Council at this meeting, which agreements and documents are hereby approved, with such changes, insertions, revisions, corrections, or amendments as shall be approved by the Designated Officer or Officers executing the agreement or document for the City. The execution of the foregoing by a Designated Officer or Officers shall constitute conclusive evidence of such officer’s or officers’ and the City Council’s approval of any such changes, insertions, revisions, corrections, or amendments to the respective forms of agreements and documents presented to the City Council at this meeting.

The date, respective principal amounts of each maturity, the interest rates, interest payment dates, denominations, forms, registration privileges, place or places of payment, terms of redemption, and other terms of the Bonds shall be as provided in the Fiscal Agent Agreement, as finally executed.

Section 3. Authorization to Issue Bonds. The City Council hereby determines that the issuance of the Bonds would be prudent in the management of the fiscal affairs of the City.

The City Council hereby authorizes the issuance of the Bonds in accordance with the terms of the Fiscal Agent Agreement, as finally executed. The City Council hereby determines that the elimination of onerous financial covenants found in the issuance documents for the 2007 Bonds represents a compelling reason to issue these Bonds and hereby waives any requirement in its debt management policy or elsewhere for a certain minimum amount of net present value savings to be realized.

Section 4. Authorization of Sale. The City Council hereby authorizes the sale of not to exceed $6,500,000 aggregate principal amount of the Bonds to the Underwriter pursuant to the Bond Purchase Agreement. The Designated Officers are hereby authorized and directed to negotiate with the Underwriter the final terms of the sale and its timing. The City Council hereby determines that the sale of the Bonds by negotiated sale is expected to result in an overall lower tax rate for property owners. The City Council hereby determines that the value-tolien ratio requirement of Government Code section 53345.8 has been met.

Section 5. Execution of Bonds. The Mayor and City Clerk are hereby authorized and directed to execute the Bonds on behalf of the City.

Section 6. Disclosure of Specified Financing Information. Pursuant to the requirements of Government Code section 5852.1, the City Council is required to disclose at a public meeting good faith estimates of certain information related to the Bonds. The City Council has obtained the required good faith estimates from the Underwriter, which are hereby disclosed as shown in Exhibit A attached hereto and incorporated herein by reference.

Section 7. Distribution of Official Statement. The City Council hereby authorizes the Underwriter to distribute copies of the Official Statement in preliminary form to persons who may be interested in the purchase of the Bonds and authorizes and directs the Underwriter to deliver copies of the final Official Statement to all purchasers of the Bonds. The City Council hereby authorizes and directs the Designated Officers, and each of them individually, to deliver to the Underwriter a certificate to the effect that the City Council deems the Preliminary Official Statement, in the form approved by a Designated Officer, to be final and complete as of its date, except for certain final pricing and related information that may be omitted pursuant to Rule 15c2-12 of the Securities and Exchange Commission.

Section 8. General Authorization. The City Council hereby authorizes and directs the Designated Officers, and each of them, for and in the name of and on behalf of the City, to do any and all things and to execute and deliver any and all documents that they may deem 4931-9657-6925 -4- Bond Issuance Resolution
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)
necessary or advisable in order to complete the sale, issuance, and delivery of the Bonds and the redemption of the 2007 Bonds and otherwise to carry out, give effect to, and comply with the terms and intent of this Resolution. The Designated Officers are hereby further authorized to execute such service agreements with the consultants necessary to complete the financing contemplated hereby, including but not limited to the municipal advisor, bond counsel and disclosure counsel, the special tax consultant, an appraiser, and a verification agent. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed and approved in all respects.

Section 9. Retention of Bond Counsel and Disclosure Counsel. Lozano Smith LLP is hereby appointed bond counsel and disclosure counsel to the City for the issuance and sale of the Bonds in accordance with the contract on file with the City Administrator.

Section 10. Attestations. The City Clerk is hereby authorized and directed to attest the signatures of the Designated Officers, as may be required or appropriate in connection with the execution and delivery of the Fiscal Agent Agreement, the Bond Purchase Agreement, the Continuing Disclosure Certificate and related documents. Such attestation by the City Clerk shall be conclusive evidence of the final form of the document attested.

Section 11. Effective Date. This Resolution shall take effect upon its adoption. * * * * *
4931-9657-6925 -5- Bond Issuance Resolution
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)
PASSED AND ADOPTED by the City Council of the City of Chowchilla this 9th day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mayor Kelly Smith
ATTEST:

Joann McClendon, CMC
City Clerk
4931-9657-6925 A-1 Bond Issuance Resolution
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)

EXHIBIT A
Good Faith Estimates
The good faith estimates set forth herein are provided with respect to the City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1) (the “Bonds”) authorized by this Resolution. Such good faith estimates have been provided to the City, based on market interest rates prevailing at the time of preparation of the estimated principal amount, by the underwriter, Oppenheimer & Co. Inc. (the “Underwriter”).

Estimated Principal Amount. The Underwriter has informed the City that, based on the City’s financing plan and current market conditions, the good faith estimate of the aggregate principal amount of the Bonds is $5,330,000 (the “Estimated Principal Amount”).

True Interest Cost. The Underwriter has informed the City that the good faith estimate of the true interest cost of the Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of bonds, is 4.98%.

Finance Charge. The Underwriter has informed the City that the good faith estimate of the finance charge for the Bonds, which means the sum of all fees and charges paid to third parties (for costs associated with the Bonds) is $447,863.22 (the “Finance Charge”).

Amount of Proceeds to be Received. The Underwriter has informed the City that the good faith estimate of the amount of proceeds of the Bonds expected to be received by the City, less the Finance Charge as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Bonds, is $5,902,497.70.

Total Payment Amount. The Underwriter has informed the City that the good faith estimate of the total payment amount, which means the sum total of all principal and interest payments made for the Bonds, plus the Finance Charge as described above, not paid with the proceeds of the financing, calculated to the final maturity of the Bonds, is $6,244,856.28.

The foregoing estimates constitute good faith estimates only. The actual aggregate principal amount of the Bonds, the true interest cost thereof, the Finance Charge, the amount of proceeds of the Bonds received by the City, and the total debt service with respect thereto, may differ from such good faith estimates due to (a) the actual dated date of the Bonds being different than the date assumed for purposes of such estimates, (b) the actual aggregate principal amount of the Bonds being different than the Estimated Principal Amount, (c) the actual amortization of the debt service on the Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time the Bonds are issued being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the City’s financing plan, or a combination of such factors.

The actual dated date of the Bonds and the actual aggregate principal amount of the Bonds will be determined by the City based on market conditions and other factors. The actual interest rates will depend on market interest rates at the time of the sale of the Bonds. The actual amortization and debt service schedule for the Bonds will be based, in part, on market interest rates at the time the Bonds are sold. Market interest rates are affected by economic and other factors beyond the control of the City.
4913-0646-9277

FISCAL AGENT AGREEMENT
between
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Fiscal Agent and the

CITY OF CHOWCHILLA
Dated [July 1, 2026]
relating to the

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-2

SPECIAL TAX BONDS
(Replacement of CFD 2006-1)

4913-0646-9277 i Fiscal Agent Agreement
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Special Tax Bonds (Replacement of CFD No. 2006-1)

TABLE OF CONTENTS
Page

ARTICLE I DEFINITIONS AND OTHER PROVISIONS OF GENERAL
APPLICATION ..................................................................................................2 Section 1.1 Definitions....................................................................................................2 Section 1.2 Equality of Security ...................................................................................10 Section 1.3 Acts of Bondholders ..................................................................................10 Section 1.4 Notices, etc., to City and Fiscal Agent.......................................................10 Section 1.5 Notices to Bondholders; Waiver ................................................................11 Section 1.6 Form and Content of Documents Delivered to Fiscal Agent .....................11 Section 1.7 Effect of Headings and Table of Contents .................................................11 Section 1.8 Successors and Assigns..............................................................................12 Section 1.9 Benefits of Fiscal Agent Agreement ..........................................................12 Section 1.10 Payments/Actions Otherwise Scheduled on Non-Business Days ..............12 Section 1.11 No Personal Liability for Debt Service ......................................................12 Section 1.12 Separability Clause ....................................................................................12 Section 1.13 Governing Law ..........................................................................................12 Section 1.14 Execution in Counterparts..........................................................................13 ARTICLE II THE BONDS ....................................................................................................13 Section 2.1 Title; Issuable in Series; General Limitations ............................................13 Section 2.2 Terms of Particular Series .......................... Error! Bookmark not defined.

Section 2.3 Forms and Denominations .........................................................................13 Section 2.4 Execution and Authentication ....................................................................13 Section 2.5 Registration, Transfer, and Exchange ........................................................13 Section 2.6 Mutilated, Destroyed, Lost, or Stolen Bonds .............................................14 Section 2.7 Payment of Interest on Bonds; Interest Rights Preserved ..........................15 Section 2.8 Persons Deemed Owners ...........................................................................15 Section 2.9 Cancellation ...............................................................................................15 Section 2.10 Book-Entry Provisions ...............................................................................16 ARTICLE III TERMS AND ISSUE OF BONDS ...................................................................17 Section 3.1 Terms and Form of Bonds .........................................................................17 Section 3.2 Redemption of Bonds ................................................................................19 Section 3.3 Application of Proceeds of Bonds and other Funds ...................................19 4913-0646-9277 ii Fiscal Agent Agreement
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Section 3.4 Establishment and Application of Costs of Issuance Fund ........................20 Section 3.5 Validity of Bonds .......................................................................................20

ARTICLE IV ISSUANCE AND DELIVERY OF ADDITIONAL SERIES OF BONDS .............................................................................................................20 Section 4.1 Limitations on the Issuance of Obligations Payable from Special Taxes ..........................................................................................................20 Section 4.2 Refunding Bonds .......................................................................................20 ARTICLE V REDEMPTION OF BONDS ............................................................................21 Section 5.1 General Applicability of Article ................................................................21 Section 5.2 Notice to Fiscal Agent ...............................................................................21 Section 5.3 Selection by Fiscal Agent of Bonds to be Redeemed ................................21 Section 5.4 Notice of Redemption. ...............................................................................21 Section 5.5 Deposit of Redemption Price .....................................................................22 Section 5.6 Bonds Payable on Redemption Date..........................................................23 Section 5.7 Bonds Redeemed in Part ............................................................................23 ARTICLE VI DEFEASANCE .................................................................................................23 Section 6.1 Discharge of Fiscal Agent Agreement .......................................................23 Section 6.2 Discharge of Liability on Bonds ................................................................24 Section 6.3 Deposit of Money or Securities with Fiscal Agent ....................................25 Section 6.4 Payment of Bonds After Discharge of Fiscal Agent Agreement ...............25 ARTICLE VII PAYMENT OF BONDS ...................................................................................25 Section 7.1 Liability of City Limited to Special Taxes ................................................25 Section 7.2 Deposit of Special Taxes ...........................................................................26 Section 7.3 Pledge of Special Taxes .............................................................................26 Section 7.4 Allocation of Special Taxes .......................................................................26 Section 7.5 Application of Interest Fund ......................................................................28 Section 7.6 Application of Principal Fund; Sinking Accounts .....................................28 Section 7.7 Funding and Application of Bond Reserve Fund ......................................29 Section 7.8 Application of Prepayment Fund ...............................................................31 Section 7.9 Rebate Fund ...............................................................................................32 Section 7.10 Investment of Moneys in Funds and Accounts ..........................................32 Section 7.11 Funds and Accounts ...................................................................................34 Section 7.12 Money Held for Particular Bonds ..............................................................34 4913-0646-9277 iii Fiscal Agent Agreement
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ARTICLE VIII COVENANTS OF THE CITY .........................................................................34 Section 8.1 Power to Issue Bonds and Make Pledge ....................................................34 Section 8.2 Limitations on Liens ..................................................................................34 Section 8.3 Levy and Collection of the Special Taxes; Maintenance of Special Taxes; Expense Budgets ............................................................................34 Section 8.4 Punctual Payment and Performance ..........................................................35 Section 8.5 Extension of Payment of Bonds .................................................................35 Section 8.6 Limits on Special Tax Waivers and Bond Tenders ...................................36 Section 8.7 Covenant to Foreclose................................................................................36 Section 8.8 Preservation of Rights of Owners ..............................................................37 Section 8.9 Waiver of Laws ..........................................................................................37 Section 8.10 Federal Income Tax Covenants .................................................................37 Section 8.11 Accounting for Special Taxes ....................................................................37 Section 8.12 Annual and Extraordinary Reports ............................................................37 Section 8.13 Continuing Disclosure ...............................................................................39 Section 8.14 Further Assurances.....................................................................................39 ARTICLE IX EVENTS OF DEFAULT AND REMEDIES OF BONDHOLDERS ..............39 Section 9.1 Events of Default .......................................................................................39 Section 9.2 Remedies of Bondholders ..........................................................................39 Section 9.3 Application of Money Collected ................................................................40 Section 9.4 Restoration of Positions .............................................................................40 Section 9.5 Rights and Remedies Cumulative ..............................................................40 Section 9.6 Delay or Omission Not Waiver..................................................................41 ARTICLE X THE FISCAL AGENT ......................................................................................41 Section 10.1 Appointment of Fiscal Agent .....................................................................41 Section 10.2 Certain Duties and Responsibilities ...........................................................41 Section 10.3 Notice of Defaults ......................................................................................42 Section 10.4 Certain Rights of Fiscal Agent; Liability of Fiscal Agent .........................42 Section 10.5 Fiscal Agent Not Responsible for Recitals or Issuance of Bonds or Application of Proceeds .............................................................................43 Section 10.6 Fiscal Agent May Hold Bonds ...................................................................43 Section 10.7 Compensation and Indemnification of Fiscal Agent .................................44 Section 10.8 Fiscal Agent Required; Eligibility .............................................................44 4913-0646-9277 iv Fiscal Agent Agreement
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Section 10.9 Removal and Resignation; Appointment of Successor ..............................44 Section 10.10 Acceptance of Appointment by Successor ................................................46 Section 10.11 Merger or Consolidation ............................................................................46 Section 10.12 Preservation and Inspection of Documents................................................46 Section 10.13 Accounting Records ...................................................................................46 Section 10.14 Reports to CDIAC......................................................................................46

ARTICLE XI MODIFICATION OR AMENDMENT OF THIS FISCAL AGENT AGREEMENT ..................................................................................................47 Section 11.1 Supplemental Fiscal Agent Agreements Without Consent of Bondholders ...............................................................................................47 Section 11.2 Supplemental Fiscal Agent Agreements with Consent of Bondholders or Credit Providers ...............................................................48 Section 11.3 Execution of Supplemental Fiscal Agent Agreements ..............................49 Section 11.4 Effect of Supplemental Fiscal Agent Agreement ......................................49 Section 11.5 Endorsement of Bonds; Preparation of New Bonds ..................................50 Section 11.6 Amendment of Particular Bonds ................................................................50 Exhibit A Form of Series 2026 Bond ........................................................................................ A-1 Exhibit B Form of Costs of Issuance Requisition .......................................................................B-1 4913-0646-9277 1 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)

FISCAL AGENT AGREEMENT
This FISCAL AGENT AGREEMENT dated as of July 1, 2026 (this “Fiscal Agent Agreement”), is made by and between U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association duly organized and operating under the laws of the United States of America, as fiscal agent (the “Fiscal Agent”), and the CITY OF CHOWCHILLA, a municipal corporation duly established and existing under the Constitution and laws of the State of California (the “City”).

W I T N E S S E T H:

WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, Part 1, Division 2, Title 5 (commencing with Section 53311) of the California Government Code) (the “Act”), the City Council (the “City Council”) of the City of Chowchilla (the “City”) previously formed the City of Chowchilla Community Facilities District No. 2006-1 (“CFD 2006-1”) and designated Improvement Area 1 (“Area 1”) therein; and
WHEREAS, on June 7, 2007, the City issued $8,615,000 of its City of Chowchilla Community Facilities District No. 2006-1, Improvement Area 1, Special Tax Bonds, Series 2007 (the “2007 Bonds”) payable from special taxes levied on property in Area 1; and WHEREAS, on October 28, 2025, the City Council adopted its Resolution # 87-25 (the “Resolution of Formation”) establishing the City of Chowchilla Community Facilities District No. 2025-2 (Replacement of CFD 2006-1) (“CFD No. 2025-2”), pursuant to the Act, proposing to levy the Special Tax, describing the services to be funded, and the 2007 Bonds to be repaid; and WHEREAS, on October 28, 2025, the City Council adopted its Resolution # 88-25, declaring the necessity to incur bonded indebtedness of CFD No. 2025-2; and WHEREAS, on October 28, 2025, the City Council adopted its Resolution # 89-25, calling an election on the levy of the Special Tax, the incurrence of bonded indebtedness, and the establishment of an appropriations limit for the District; and WHEREAS, on February 24, 2026, the qualified electors of the District authorized the City Council to levy special taxes upon the land within the District and to issue bonds in the principal amount of not to exceed $6,500,000, secured by the special taxes, pursuant to the terms of the Act; and
WHEREAS, on June 9, 2026, the City Council adopted its Resolution # [______] (the “Issuance Resolution”) authorizing the issuance of the City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD No. 2006-1) (the “Bonds”) pursuant to the Act and this Fiscal Agent Agreement, for the purpose of defeasing and redeeming the 2007 Bonds; and
WHEREAS, the City has determined to enter into this Fiscal Agent Agreement in order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and 4913-0646-9277 2 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
conditions upon which the Bonds shall be issued, and to secure the payment of the principal thereof and premium and interest thereon; and
WHEREAS, the execution and delivery of this Fiscal Agent Agreement has in all respects been duly and validly authorized by the proceedings referred to above and by the Issuance Resolution duly adopted by the City Council; and
WHEREAS, the City has determined that all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and the entering into of this Fiscal Agent Agreement do exist, have happened, and have been performed in regular and due time, form, and manner as required by law, and the parties hereto are now duly authorized to execute and enter into this Fiscal Agent Agreement.

NOW, THEREFORE, THE PARTIES TO THIS FISCAL AGENT AGREEMENT WITNESSETH that, in order to secure the payment of the principal of and the premium (if any) and interest on all Bonds at any time issued, authenticated and delivered hereunder and to provide the terms and conditions under which all property, rights, and interests hereby assigned and pledged are to be dealt with and disposed of, and to secure performance and observance of the terms, conditions, stipulations, covenants, agreements, trusts, uses, and purposes hereinafter expressed, and in consideration of the premises and of the material covenants herein contained and of the purchase and acceptance of the Bonds by the registered owners thereof, and for other valuable consideration, the receipt of which is hereby acknowledged, the City does hereby agree and covenant with the Fiscal Agent for the benefit of the respective registered owners, from time to time, of the Bonds, or any part thereof, as follows:

ARTICLE I

DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.1 Definitions. For all purposes of this Fiscal Agent Agreement and of any Supplemental Fiscal Agent Agreement and of any certificate, opinion, or other document herein mentioned, unless the context otherwise requires:
(a) The terms defined in this Section shall have the meanings herein specified and include the plural as well as the singular.
(b) All accounting terms not otherwise defined herein have the meanings assigned to them, and all computations herein provided for shall be made, in accordance with generally accepted accounting principles.
(c) All references herein to “generally accepted accounting principles” refer to such principles as they exist at the date of applicability thereof. (d) All references herein to “Articles,” “Sections,” and other subdivisions are to the designated Articles, Sections, and other subdivisions of this Fiscal Agent Agreement as originally executed.
4913-0646-9277 3 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
(e) The words “herein,” “hereof,” “hereby,” “hereunder,” and other words of similar import refer to this Fiscal Agent Agreement as a whole and not to any particular Article, Section, or other subdivision.
(f) Words of the masculine gender shall mean and include words of the feminine and neuter genders.
(g) Unless otherwise defined in this Fiscal Agent Agreement, all terms used herein shall have the meanings assigned to such terms in the Act.

Act means the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California), as now in effect and as it may from time to time hereafter be amended or supplemented.

Administrative Expenses means all expenses paid or incurred by the City as administrator of CFD No. 2025-2 to determine, levy, and collect the Special Taxes, including salaries of City employees and the fees of consultants, legal counsel, paying agents, fiscal agents, and trustees; the costs of collecting installments of the Special Taxes upon the general tax rolls; the cost of arbitrage calculation and arbitrage rebates; the cost of preparation of required reports; and any other costs required to administer CFD No. 2025-2 as determined by the City.

Annual Debt Service means for each Bond Year the aggregate amount of principal and interest becoming due and payable on all Bonds, but excluding any interest for which there are moneys deposited in the Interest Fund from the proceeds of Bonds or other source and reserved as capitalized interest to pay such interest.

Authorized Denomination means with respect to the Bonds and any other Series of Bonds, $5,000 and any integral multiple thereof, or as may otherwise be specified by the City at the time of issuance thereof.

Bond Register has the meaning stated in Section 2.5 (Registration, Transfer, and Exchange).

Bond Reserve Fund means the fund by that name established pursuant to Section 7.4 (Allocation of Special Taxes).

Bond Reserve Requirement means, as of any date of calculation, the least of (i) Maximum Annual Debt Service as of such date, (ii) one hundred twenty-five percent (125%) of average Annual Debt Service on all Bonds Outstanding as of such date and (iii) ten percent (10%) of the original principal amount of the Bonds (or, if the Bonds are sold with more than a de minimis amount of original issue discount or premium, the issue price of such Bonds (excluding pre-issuance accrued interest), as those terms are defined in the Code, shall be used in the calculation).

Bond Year means the period ending on [September 1] of each year with the first Bond Year ending on [September 1, 2026], and the last Bond Year ending on the date on which none of the Bonds remain outstanding.
4913-0646-9277 4 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Bonds means the City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1), authorized by, and at any time Outstanding pursuant to, this Fiscal Agent Agreement.

Business Day means any day other than a Saturday, Sunday, or a day on which banking institutions in the state in which the Corporate Trust Office is located or the State of New York are authorized or obligated by law or executive order to be closed.

CDIAC means the California Debt and Investment Advisory Commission or any public official or agency succeeding to its information collection functions under California Government Code Section 53359.5(b) and (c).

Certificate, Statement, Request, Requisition, or Order of the City mean, respectively, a written certificate, statement, request, requisition, or order signed in the name of the City by its any officer of the City authorized to execute such instruments. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. If and to the extent required by Section 1.6 (Form and Content of Documents Delivered to Fiscal Agent), each such instrument shall include the statements provided for in Section 1.6 (Form and Content of Documents Delivered to Fiscal Agent).

City means the City of Chowchilla, a municipal corporation duly organized and existing under the Constitution and laws of the State.

City Council means the City Council of the City.

Code means the Internal Revenue Code of 1986 and the regulations applicable to or issued thereunder.

Community Facilities Fund means the fund by that name established pursuant to Section 7.4 (Allocation of Special Taxes).

CFD No. 2025-2 means the City of Chowchilla Community Facilities District No. 2025-2 (Replacement of CFD 2006-1), a community facilities district duly established within the geographical jurisdiction of the City pursuant to the Act.

Continuing Disclosure Certificate means the Continuing Disclosure Certificate dated the date of delivery of the Bonds, as originally executed by the City or as it may from time to time be supplemented or amended in accordance with its terms.

Corporate Trust Office means the corporate trust office of the Fiscal Agent located at 633 W. 5th Street, 24th Floor, Los Angeles, CA 90071, or such other or additional offices as may be designated by the Fiscal Agent; except that with respect to presentation of the Bonds for payment or for registration of transfer and exchange such term shall mean the office or agency of the Fiscal Agent at which, at any particular time, its corporate trust agency business shall be conducted. 4913-0646-9277 5 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Costs of Issuance means all items of expense directly or indirectly payable by or reimbursable to the City and related to the original authorization, execution, sale, and delivery of the Bonds, including but not limited to advertising and printing costs, costs of preparation and reproduction of documents, costs of printing and distribution of the preliminary and final official statements, filing and recording fees, initial fees and charges of the Fiscal Agent, legal fees and charges, fees and disbursements of consultants and professionals, municipal advisor fees and expenses, rating agency fees, fees and charges for preparation, execution, transportation and safekeeping of the Bonds, and any other cost, charge, or fee in connection with the original delivery of the Bonds.

Costs of Issuance Fund means the fund by that name established pursuant to Section 3.4 (Establishment and Application of Costs of Issuance Fund).

Defeasance Securities means the following:
(A) United States Treasury Certificates, Notes, and Bonds (including State and Local Government Series -- “SLGS”).
(B) Direct obligations of the Treasury that have been stripped by the Treasury itself, CATS, TGRS, and similar securities.
(C) The interest component of Resolution Funding Corp. (REFCORP) strips that have been stripped by request to the Federal Reserve Bank of New York in book-entry form. (D) Pre-refunded municipal bonds rated “Aaa” by Moody’s and “AAA” by Standard & Poor’s. If, however, the pre-refunded bonds are rated by Standard & Poor’s but are not rated by Moody’s, then the pre-refunded bonds must have been pre-refunded with cash, direct U.S. or U.S. guaranteed obligations, or Aaa-rated pre-refunded municipal bonds. (E) Obligations issued or guaranteed by the following agencies that are backed by the full faith and credit of the U.S.:
(1) U.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership (2) Farmers Home Administration (FmHA)
Certificates of beneficial ownership
(3) Federal Financing Bank
(4) General Services Administration
Participation certificates
(5) U.S. Maritime Administration
Guaranteed Title XI financing
(6) U.S. Department of Housing and Urban Development (HUD) Project Notes
4913-0646-9277 6 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Local Authority Bonds
New Communities Debentures - U.S. government guaranteed debentures U.S. Public Housing Notes and Bonds - U.S. government guaranteed public housing notes and bonds
Event of Default means any of the events specified in Section 9.1 (Events of Default).

Escrow Agent means U.S. Bank Trust Company, National Association, in its capacity as escrow agent under the Escrow Agreement.

Escrow Agreement means the Escrow Agreement dated as of July 1, 2026, by and between the City and the Escrow Agent, relating to the 2007 Bonds.

Escrow Fund means the fund by that name created pursuant to the Escrow Agreement.

Fiscal Agent means U.S. Bank Trust Company, National Association, a national banking association duly organized and operating under the laws of the United States of America, or its successor as Fiscal Agent as provided in Section 10.9 (Removal and Resignation; Appointment of Successor) hereof.

Fiscal Year means the period beginning on July 1 of each year and ending on the next succeeding June 30 or any other twelve-month period hereafter selected and designated as the official fiscal year period of the City.

Fiscal Agent Agreement means this Fiscal Agent Agreement dated as of July 1, 2026, by and between the Fiscal Agent and the City, as originally executed or as it may from time to time be supplemented or amended by any Supplemental Fiscal Agent Agreement delivered pursuant to the provisions hereof.

Information Service means the Electronic Municipal Market Access System (referred to as “EMMA”), a facility of the Municipal Securities Rulemaking Board (at http://emma.msrb.org) or, in accordance with then current guidelines of the Securities and Exchange Commission, such other addresses and/or such other national information services providing information with respect to called bonds as the City designates in written notice filed with the Fiscal Agent.

Interest Fund means the fund by that name established pursuant to Section 7.4 (Allocation of Special Taxes).

Interest Payment Date with respect to the Bonds means each September 1 and March 1, commencing on September 1, 2026, being the dates on which installments of interest on the Bonds are due and payable.

Investment Securities means any securities in which funds of the City may now or hereafter be legally invested as provided by applicable law in effect at the time of such investment, subject to any limitations imposed by the investment policy approved by the City Council, but without regard to any limitations contained therein concerning the maximum percentage limitations for any particular investment (provided that the Fiscal Agent shall be entitled to rely upon any investment directions from the City as conclusive certification to the Fiscal Agent that 4913-0646-9277 7 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
the investments described therein are Investment Securities). Investment Securities also include (a) money market mutual funds, including such funds for which the Fiscal Agent, its affiliates or subsidiaries provide investment advisory or other management services or for which the Fiscal Agent or an affiliate of the Fiscal Agent serves as investment administrator, shareholder servicing agent, and/or custodian or sub-custodian but excluding such funds with a floating net asset value, notwithstanding that (i) the Fiscal Agent or an affiliate of the Fiscal Agent receives fees from funds for services rendered, (ii) the Fiscal Agent collects fees for services rendered pursuant to this Fiscal Agent Agreement, which fees are separate from the fees received from such funds, and (iii) services performed for such funds and pursuant to this Fiscal Agent Agreement may at times duplicate those provided to such funds by the Fiscal Agent or an affiliate of the Fiscal Agent; and (b) investment agreements, including guaranteed investment contracts.

Mandatory Sinking Account Payment means, with respect to the Bonds, the amount required by this Fiscal Agent Agreement to be deposited by the City in a Sinking Account for the payment of Term Bonds.

Maximum Annual Debt Service shall mean the greatest amount of principal and interest becoming due and payable on all Bonds in any specified twelve-month period including the year in which the calculation is made or any subsequent year.

Moody’s means Moody’s Investors Service, a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, and its successors and assigns, except that if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, then the term “Moody’s” shall be deemed to refer to any other nationally recognized securities rating agency selected by the City.

Opinion of Bond Counsel means a written opinion of a law firm experienced in matters relating to obligations the interest on which is excluded from gross income for federal income tax purposes, selected by the City.

Outstanding, when used as of any particular time with reference to Bonds, means all Bonds theretofore, or thereupon being, authenticated and delivered by the Fiscal Agent under this Fiscal Agent Agreement except (1) Bonds theretofore cancelled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (2) Bonds with respect to which all liability of the City shall have been discharged in accordance with Section 6.2 (Discharge of Liability on Particular Bonds), including Bonds (or portions of Bonds) referred to in Section 7.12 (Money Held for Particular Bonds); and (3) Bonds for the transfer or exchange of or in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Fiscal Agent pursuant to this Fiscal Agent Agreement.

Owner or Bondholder or Bondowner, whenever used herein with respect to a Bond, means the person in whose name such Bond is registered.

Person means a corporation, firm, association, partnership, trust, or other legal entity or group of entities, including a governmental entity or any agency or political subdivision thereof. 4913-0646-9277 8 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Prepayment Fund means the fund by that name established pursuant to Section 7.8 (Application of Prepayment Fund).

Principal Fund means the fund by that name established pursuant to Section 7.4 (Allocation of Special Taxes).

Principal Payment Date with respect to Bonds means the date or dates specified in such Bonds on which the principal of such Bonds is due and payable.

Prior Bonds or 2007 Bonds means the City of Chowchilla Community Facilities District No. 2006-1, Improvement Area 1, Special Tax Bonds, Series 2007, the outstanding portion of which is to be defeased and redeemed with proceeds of the Bonds as provided in this Fiscal Agent Agreement.

Rate and Method of Apportionment means the Rate and Method of Apportionment of Special Taxes included as Exhibit A to the Resolution of Formation, Resolution # 87-25, adopted by the City Council on October 28, 2025, as the same may be amended from time to time in accordance with the Act.

Rating Category means (i) with respect to any long-term rating category, all ratings designated by a particular letter or combination of letters, without regard to any numerical modifier, plus or minus sign or other modifier and (ii) with respect to any short-term or commercial paper rating category, all ratings designated by a particular letter or combination of letters and taking into account any numerical modifier, but not any plus or minus sign or other modifier.

Rebate Fund means the fund by that name established pursuant to Section 7.9 (Rebate Fund).

Redemption Price means, with respect to any Bond (or portion thereof) the principal amount of such Bond (or portion) plus the applicable premium, if any, payable upon redemption thereof pursuant to the provisions of such Bond and this Fiscal Agent Agreement.

Regular Record Date for interest payable on any Interest Payment Date on the Bonds means the fifteenth (15th) day of the calendar month immediately preceding the relevant Interest Payment Date.

Responsible Officer means any officer within the corporate trust department (or any successor group or department of the Fiscal Agent) including any vice president, assistant vice president, assistant secretary or any other officer or assistant officer of the Fiscal Agent customarily performing functions similar to those performed by the persons who at the time shall be such officers, respectively, and also means, with respect to a particular matter, any other officer of the Fiscal Agent to whom such matter is referred by the Fiscal Agent because of such person’s knowledge of and familiarity with the particular subject.

Securities Depositories means The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530, Fax-(516) 227-4039 or 4190, or, in accordance with then-current guidelines of the Securities and Exchange Commission, such other securities depositories, or no such depositories, as the City may designate in a Request of the City delivered to the Fiscal Agent. 4913-0646-9277 9 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Serial Bonds means the Bonds, maturing in specified years, for which no Mandatory Sinking Account Payments are provided.

Series, whenever used herein with respect to Bonds, means all of the Bonds designated as being of the same series, authenticated and delivered in a simultaneous transaction, regardless of variations in maturity, interest rate, redemption, and other provisions, and any Bonds thereafter authenticated and delivered upon transfer for exchange or in lieu of or in substitution for (but not to refund) such Bonds as herein provided.

Sinking Accounts or Redemption Accounts means the accounts in the Principal Fund so designated and established pursuant to Section 7.6 (Application of Principal Fund; Sinking Accounts) for the payment of Term Bonds.

Special Record Date for the payment of any defaulted interest on Bonds means a date fixed by the Fiscal Agent pursuant to Section 2.7 (Payment of Interest on Bonds; Interest Rights Preserved).

Special Tax Consultant means an independent financial or tax consultant retained by the City for the purpose of computing the Special Taxes and other special tax administration services in connection with CFD No. 2025-2.

Special Tax Fund means the fund by that name established pursuant to Section 7.2 (Deposit of Special Taxes).

Special Taxes means the special taxes as described by the definition of the terms “Bond Payment Special Tax” in the Rate and Method of Apportionment, being a portion of the special taxes levied in CFD No. 2025-2 in accordance with the Rate and Method of Apportionment, including any prepayments thereof and proceeds from the sale of property collected pursuant to the foreclosure provisions hereof upon the delinquency of special taxes and proceeds from any security for payment of special taxes taken in lieu of foreclosure.

S&P or Standard & Poor’s means S&P Global Ratings, a business unit of Standard & Poor’s Financial Services LLC, and a division of The McGraw Hill Companies, Inc., and its successors and assigns, except that if such rating agency shall no longer perform the functions of a securities rating agency, then the term “Standard & Poor’s” shall be deemed to refer to any other nationally recognized securities rating agency selected by the City.

State means the State of California.

Supplemental Fiscal Agent Agreement means any fiscal agent agreement hereafter duly executed and delivered, supplementing, modifying, or amending this Fiscal Agent Agreement, but only if and to the extent that such Supplemental Fiscal Agent Agreement is specifically authorized hereunder.
4913-0646-9277 10 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Tax Certificate means the tax certificate delivered by the City at the time of the issuance and delivery of the Bonds, as the same may be further amended or supplemented in accordance with its terms.

Taxable Property means all property described by the definition of the term “Taxable Property” in the Rate and Method of Apportionment.

Term Bonds means the Bonds payable at or before their specified maturity date or dates from Mandatory Sinking Account Payments established for that purpose and calculated to retire such Bonds on or before their specified maturity date or dates.

Section 1.2 Equality of Security. In consideration of the acceptance of the Bonds by the Owners thereof from time to time, this Fiscal Agent Agreement shall be deemed to be and shall constitute a contract between the City, the Fiscal Agent and the Owners from time to time of the Bonds and the covenants and agreements herein set forth to be performed by or on behalf of the City or the Fiscal Agent shall be for the equal and proportionate benefit, security and protection of all Owners of the Bonds, without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reasons of the Series, time of issue, sale, or negotiation thereof or for any cause whatsoever, except as expressly provided therein or herein.

Section 1.3 Acts of Bondholders. Any request, consent, or other instrument required or permitted by this Fiscal Agent Agreement to be signed and executed by Bondholders may be in any number of concurrent instruments of substantially similar tenor and shall be signed or executed by such Bondholders in person or by an agent or agents duly appointed in writing. Proof of the execution of any such request, consent or other instrument or of a writing appointing any such agent, or of the holding by any person of Bonds transferable by delivery, shall be sufficient for any purpose of this Fiscal Agent Agreement and shall be conclusive in favor of the Fiscal Agent and of the City if made in the manner provided in this Section.

The fact and date of the execution by any person of any such request, consent or other instrument or writing may be proved by the certificate of any notary public or other officer of any jurisdiction, authorized by the laws thereof to take acknowledgments of deeds, certifying that the person signing such request, consent, or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution duly sworn to before such notary public or other officer.

Any request, consent, or other instrument or writing of the Owner of any Bond shall bind every future Owner of the same Bond and the Owner of every Bond issued in exchange therefor or in lieu thereof, in respect of anything done or suffered to be done by the Fiscal Agent or the City in accordance therewith or reliance thereon.

Section 1.4 Notices, etc., to City and Fiscal Agent. Any notice to or demand upon the Fiscal Agent may be served or presented, and such demand may be made, at the Corporate Trust Office. Any notice to or demand upon the City shall be deemed to have been sufficiently given or served for all purposes by being sent by overnight mail, fax or other electronic transmission or deposited, first-class mail postage prepaid, in a post office letter box, addressed, as the case may be, to the City at 130 South Second Street, Chowchilla, CA 93610, Fax: _________, 4913-0646-9277 11 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Attention: City Administrator (or such other address as may have been filed in writing by the City with the Fiscal Agent).

Section 1.5 Notices to Bondholders; Waiver. In any case where notice to Bondholders is given by mail, neither the failure to mail such notice, nor any defect in any notice so mailed, to any particular Bondholder shall affect the sufficiency of such notice with respect to other Bondholders.

Where this Fiscal Agent Agreement provides for notice in any manner, such notice may be waived in writing by the person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Bondholders shall be filed with the Fiscal Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

Section 1.6 Form and Content of Documents Delivered to Fiscal Agent. Every certificate or opinion provided for in this Fiscal Agent Agreement with respect to compliance with any provision hereof shall include (1) a statement that the person making or giving such certificate or opinion has read such provision and the definitions herein relating thereto, (2) a brief statement as to the nature and scope of the examination or investigation upon which the certificate or opinion is based; (3) a statement that, in the opinion of such person, he has made or caused to be made such examination or investigation as is necessary to enable him to express an informed opinion with respect to the subject matter referred to in the instrument to which his signature is affixed; and (4) a statement as to whether, in the opinion of such person, such provision has been complied with.

Any such certificate or opinion made or given by an officer of the City may be based, insofar as it relates to legal or accounting matters, upon a certificate or opinion of or representation by counsel, an accountant, or an independent consultant, unless such officer knows, or in the exercise of reasonable care should have known, that the certificate, opinion or representation with respect to the matters upon which such certificate or statement may be based, as aforesaid, is erroneous. Any such certificate or opinion made or given by counsel, an accountant, or an independent consultant may be based, insofar as it relates to factual matters (with respect to which information is in the possession of the City) upon a certificate or opinion of or representation by an officer of the City, unless such counsel, accountant, or independent consultant knows, or in the exercise of reasonable care should have known, that the certificate or opinion or representation with respect to the matters upon which such person’s certificate or opinion or representation may be based, as aforesaid, is erroneous. The same officer of the City, or the same counsel, or accountant or independent consultant, as the case may be, need not certify to all of the matters required to be certified under any provision of this Fiscal Agent Agreement, but different officers, counsel, accountants, or independent consultants may certify to different matters, respectively.

Section 1.7 Effect of Headings and Table of Contents. The headings or titles of the several Articles and Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction, or effect of this Fiscal Agent Agreement.
4913-0646-9277 12 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Section 1.8 Successors and Assigns. Whenever in this Fiscal Agent Agreement either the City or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Fiscal Agent Agreement contained by or on behalf of the City or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not.

Section 1.9 Benefits of Fiscal Agent Agreement. Nothing in this Fiscal Agent Agreement or in the Bonds expressed or implied is intended or shall be construed to give to any person other than the City, the Fiscal Agent, and the Owners of the Bonds, any legal or equitable right, remedy or claim under or in respect of this Fiscal Agent Agreement or any covenant, condition or provision therein or herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the City, the Fiscal Agent, and the Owners of the Bonds.

Section 1.10 Payments/Actions Otherwise Scheduled on Non-Business Days. Except as specifically set forth in a Supplemental Fiscal Agent Agreement, any payments or transfers that would otherwise become due on any day that is not a Business Day shall become due or shall be made on the next succeeding Business Day. When any other action is provided for herein to be done on a day named or within a specified time period and the day named or the last day of the specified period falls on a day other than a Business Day, such action may be performed on the next succeeding Business Day with the same effect as though performed on the appointed day or within the specified period.

Section 1.11 No Personal Liability for Debt Service. No City Council member, officer, agent, or employee of the City or the Fiscal Agent shall be individually or personally liable for the payment of the principal or Redemption Price of or interest on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof; but nothing herein contained shall relieve any such City Council member, officer, agent, or employee of the City or the Fiscal Agent from the performance of any official duty provided by law or by this Fiscal Agent Agreement.

Section 1.12 Separability Clause. If any one or more of the provisions contained in this Fiscal Agent Agreement or in the Bonds shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Fiscal Agent Agreement and such invalidity, illegality, or unenforceability shall not affect any other provision of this Fiscal Agent Agreement, and this Fiscal Agent Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. The City hereby declares that it would have adopted this Fiscal Agent Agreement and each and every other Section, paragraph, sentence, clause, or phrase hereof and authorized the issuance of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Fiscal Agent Agreement may be held illegal, invalid, or unenforceable.

Section 1.13 Governing Law. This Fiscal Agent Agreement shall be construed and governed in accordance with the laws of the State.
4913-0646-9277 13 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Section 1.14 Execution in Counterparts. This Fiscal Agent Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument.

ARTICLE II

THE BONDS
Section 2.1 Title; General Limitations. The general caption and title of the Bonds shall be “City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1).”
Other than Bonds issued to refund Outstanding Bonds, the City shall not issue more than $6,500,000 aggregate principal amount of Bonds.

Section 2.2 RESERVED.

Section 2.3 Form and Denominations. The form of the Bonds shall be established by the provisions of this Fiscal Agent Agreement. The Bonds of each maturity shall be distinguished from the Bonds of other maturities as may be determined by the officers of the City executing particular Bonds, as evidenced by their execution thereof.

Section 2.4 Execution and Authentication. The Bonds shall be executed in the name and on behalf of the City by the Mayor and countersigned by the City Clerk. The signature of any of these officers on the Bonds may be facsimile or manual. Following such execution, the Bonds shall be delivered to the Fiscal Agent for authentication by it.

In case any of the officers who shall have signed or countersigned any of the Bonds shall cease to be such officer or officers of the City before the Bonds so signed or countersigned shall have been authenticated, or delivered by the Fiscal Agent, or issued by the City, such Bonds may nevertheless be authenticated, delivered, and issued and, upon such authentication, delivery, and issue, shall be as binding upon the City as though those who signed and countersigned the same had continued to be such officers of the City. Any Bond may be signed and attested on behalf of the City by such persons as at the actual date of execution such Bond shall be the proper officers of the City although at the nominal date of such Bond any such person shall not have been such officer of the City.

No Bond shall be valid or obligatory for any purpose or entitled to the benefits of this Fiscal Agent Agreement unless there appears on such Bond a certificate of authentication substantially in the form provided for herein, manually executed by the Fiscal Agent. Such certificate of authentication when manually executed by the Fiscal Agent shall be conclusive evidence, and the only evidence, that such Bond has been duly executed, authenticated, and delivered hereunder.

Section 2.5 Registration, Transfer, and Exchange. The Fiscal Agent will keep or cause to be kept, at its Corporate Trust Office, a register (herein sometimes referred to as the “Bond Register”) in which, subject to such reasonable regulations as it may prescribe, the Fiscal Agent shall provide for the registration and transfer of Bonds. The Bond Register shall at all times be open to inspection during normal business hours by the City. 4913-0646-9277 14 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Upon surrender of a Bond for transfer at the Corporate Trust Office, the City shall execute and the Fiscal Agent shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of the same Series, tenor, and maturity and for an equivalent aggregate principal amount.

Bonds may be exchanged for an equivalent aggregate principal amount of Bonds of other authorized denominations of the same Series, tenor, and maturity, upon surrender of the Bonds for exchange at the Corporate Trust Office. Upon surrender of Bonds for exchange, the City shall execute and the Fiscal Agent shall authenticate and deliver the Bonds that the Bondholder making the exchange is entitled to receive.

All Bonds surrendered upon any exchange or transfer provided for in this Fiscal Agent Agreement shall be promptly cancelled by the Fiscal Agent and thereafter disposed of as provided for in Section 2.9 (Cancellation).

All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the City, evidencing the same debt, and entitled to the same security and benefits under this Fiscal Agent Agreement, as the Bonds surrendered upon such transfer or exchange.

Every Bond presented or surrendered for transfer or exchange shall be accompanied by a written instrument of transfer, in a form approved by the Fiscal Agent, that is duly executed by the Owner or by his attorney duly authorized in writing.

No service charge shall be made for any transfer or exchange of Bonds, but the Fiscal Agent shall require the Bondholder requesting such transfer or exchange to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange.

The Fiscal Agent shall not be required to transfer or exchange (i) Bonds during the period established by the Fiscal Agent for the selection of Bonds for redemption or (ii) any Bond that has been selected for redemption in whole or in part, except the unredeemed portion of such Bond selected for redemption in part, from and after the day that such Bond has been selected for redemption in whole or in part.

Section 2.6 Mutilated, Destroyed, Lost, or Stolen Bonds. If (i) any mutilated Bond is surrendered to the Fiscal Agent, or the Fiscal Agent receives evidence to its satisfaction of the destruction, loss, or theft of any Bond, and (ii) there is delivered to the Fiscal Agent such security or indemnity as may be required by it to save it harmless, then the City shall execute, and upon its request the Fiscal Agent shall authenticate and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Series and of like tenor and principal amount, bearing a number not contemporaneously outstanding.

Upon the issuance of any new Bond under this Section, the City may require payment of a sum sufficient to pay the cost of preparing such Bond, any tax or other governmental charge that may be imposed in relation thereto, and any other expenses connected therewith.

Every new Bond issued pursuant to this Section in lieu of any destroyed, lost, or stolen Bond shall constitute an original additional contractual obligation of the City, whether or not the destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to 4913-0646-9277 15 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
all the security and benefits of this Fiscal Agent Agreement equally and ratably with all other Outstanding Bonds secured by this Fiscal Agent Agreement. Neither the City nor the Fiscal Agent shall be required to treat both the new Bond and the Bond it replaces as being Outstanding for the purpose of determining the principal amount of Bonds that may be issued hereunder, but both the new Bond and the Bond it replaces shall be treated as one and the same.

Section 2.7 Payment of Interest on Bonds; Interest Rights Preserved. Interest on any Bond of any Series that is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Owner thereof as of the close of business on the Regular Record Date for such interest specified in the provisions of this Fiscal Agent Agreement.

Any interest on any Bond of any Series that is payable but is not punctually paid or duly provided for on any Interest Payment Date shall forthwith cease to be payable to the Owner on the relevant Regular Record Date. Such defaulted interest shall be paid to the Person in whose name the Bond is registered at the close of business on a Special Record Date for the payment of such defaulted interest to be fixed by the Fiscal Agent. In the name and at the expense of the City, the Fiscal Agent shall cause notice of the payment of such defaulted interest and the Special Record Date to be mailed, first-class postage prepaid, to each Owner of a Bond of such Series at his address as it appears in the Bond Register not fewer than ten (10) days prior to such Special Record Date.

Subject to the foregoing provisions of this Section, each Bond delivered under this Fiscal Agent Agreement upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, that were carried by such other Bond. Each such Bond shall bear interest from such date that neither loss nor gain in interest shall result from such transfer, exchange, or substitution.

Section 2.8 Persons Deemed Owners. The City and the Fiscal Agent shall be entitled to treat the person in whose name any Bond is registered as the owner thereof for all purposes of the Fiscal Agent Agreement and any applicable laws, notwithstanding any notice to the contrary received by the Fiscal Agent or the City. The ownership of Bonds shall be proved by the Bond Register. The Fiscal Agent may establish a record date as of which to measure consent of the Bondowners in order to determine whether the requisite consents are received.

Section 2.9 Cancellation. All Bonds surrendered for payment, redemption, transfer, or exchange, if surrendered to the Fiscal Agent, shall be promptly cancelled by the Fiscal Agent and, if surrendered to any person other than the Fiscal Agent, shall be delivered to the Fiscal Agent and, if not already cancelled, shall be promptly cancelled by the Fiscal Agent.

The City shall deliver to the Fiscal Agent for cancellation any Bonds acquired in any manner by the City, and the Fiscal Agent shall promptly cancel such Bonds.

No Bond shall be authenticated in lieu of or in exchange for any Bond cancelled as provided in this Section, except as expressly provided by this Fiscal Agent Agreement. The Fiscal Agent shall destroy all cancelled Bonds and deliver a certificate of such destruction to the City. 4913-0646-9277 16 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Section 2.10 Book-Entry Provisions. The Bonds shall be issued in book-entry form, and notwithstanding any provision of this Fiscal Agent Agreement to the contrary, the following provisions shall apply:
(A) Limitations on Transfer. Registered ownership of Bonds issued in bookentry form, or any portions thereof, may not be transferred except:
(1) To any successor of The Depository Trust Company or its nominee, or to any substitute depository designated pursuant to clause (2) of this subsection (“substitute depository”); provided that any successor of The Depository Trust Company or substitute depository shall be qualified under any applicable laws to provide the service proposed to be provided by it;
(2) To any substitute depository not objected to by the Fiscal Agent, upon (a) the resignation of The Depository Trust Company or its successor (or any substitute depository or its successor) from its functions as depository, or (b) a determination by the City that The Depository Trust Company or its successor (or any substitute depository or its successor) is no longer able to carry out its functions as depository; provided that any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it; or (3) To any person as provided below, upon (a) the resignation of The Depository Trust Company or its successor (or substitute depository or its successor) from its functions as depository if no substitute depository that is not objected to by the Fiscal Agent can be obtained, or (b) a determination by the City that it is in the best interests of the City to remove The Depository Trust Company or its successor (or any substitute depository or its successor) from its function as depository. (B) Execution and Delivery of New Bonds. In the case of any transfer pursuant to clause (1) or clause (2) of subsection 2.10(A) (Book-Entry Provisions -- Limitations on Transfer) hereof, upon receipt of all Outstanding Bonds of such Series of book-entry Bonds by the Fiscal Agent, together with a Certificate of the City to the Fiscal Agent, a single new Bond for each maturity of such Series in the aggregate principal amount of the Bonds of such maturity then Outstanding shall be executed and delivered, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such Certificate of the City. In the case of any transfer pursuant to clause (3) of subsection 2.10(A) (Book-Entry Provisions -- Limitations on Transfer) hereof, upon receipt of all Outstanding Bonds of such Series of book-entry Bonds by the Fiscal Agent together with a Certificate of the City to the Fiscal Agent, new Bonds of such Series shall be executed and delivered in such denominations and registered in the names of such persons as are requested in such Certificate of the City, subject to the limitations of Section 2.5 (Registration, Transfer, and Exchange) hereof; provided the Fiscal Agent shall not be required to deliver such new Bonds within a period less than 60 days from the date of receipt of such a Certificate of the City.
(C) Notation of Reduction of Principal. In the case of partial redemption, cancellation or a refunding of any Bonds evidencing all or a portion of the principal maturing in a particular year, The Depository Trust Company shall make an appropriate notation on the Bonds 4913-0646-9277 17 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
indicating the date and amounts of such reduction in principal, in form acceptable to the Fiscal Agent.
(D) No Responsibility to Persons Other Than Owners. The City and the Fiscal Agent shall be entitled to treat the person in whose name any Bond is registered as the Owner thereof for all purposes of the Fiscal Agent Agreement and any applicable laws, notwithstanding any notice to the contrary received by the Fiscal Agent or the City; and the City and the Fiscal Agent shall have no responsibility for transmitting payments to, communication with, notifying, or otherwise dealing with any beneficial owners of the Bonds. Neither the City nor the Fiscal Agent will have any responsibility or obligations, legal or otherwise, to the beneficial owners or to any other party including The Depository Trust Company or its successor (or substitute depository or its successor), except for the Owner of any Bond. (E) Payments to Depository. So long as all Outstanding Bonds are registered in the name of “Cede & Co.” or its registered assign, the City and the Fiscal Agent shall cooperate with “Cede & Co.,” as sole registered Owner, and its registered assigns in effecting payment of the principal, redemption premium, if any, and interest represented by the Bonds by arranging for payment in such manner that funds for such payments are properly identified and are made immediately available on the date they are due.

ARTICLE III

TERMS AND ISSUE OF BONDS
Section 3.1 Terms and Form of Bonds.
(A) Creation of Bonds. The City hereby creates a series of Bonds and additionally designates them “City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1)” (the “Bonds”). At any time after the execution and delivery of this Fiscal Agent Agreement, the City may execute and the Fiscal Agent shall authenticate and deliver the Bonds in an aggregate principal amount of $[PRINCIPAL AMOUNT] upon the Order of the City.
(B) Form of Bonds. The form of the Bonds shall be substantially as set forth in Exhibit A with such insertions, omissions, substitutions, and variations as may be determined by the officers executing the same, as evidenced by their execution thereof, to reflect the applicable terms of the Bonds established by this Article.
(C) Book-Entry Form; Denominations. The Bonds shall be delivered in fully registered form, in denominations of $5,000 or any integral multiple thereof, and shall be initially registered in the name of “Cede & Co.,” as nominee of The Depository Trust Company. The Bonds shall be evidenced by one Series 2026 Bond maturing on each of the maturity dates set forth below in a denomination corresponding to the total principal amount represented by the Bonds payable on such date. Registered ownership of the Bonds, or any portion thereof, may not thereafter be transferred except as set forth in Section 2.10 (Book-Entry Provisions). The Bonds shall bear such distinguishing numbers and letters as may be specified by the Fiscal Agent. 4913-0646-9277 18 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
(D) Date; Interest Accrual; Maturity Dates; Interest Rates. The Bonds shall be dated their date of delivery, shall bear interest from their date at the following rates per annum, and shall mature on September 1 in the following years in the following amounts:

Maturity Date
(September 1)
Principal
Amount
Interest
Rate
*Term Bond
Interest on the Bonds shall be calculated on the basis of a 360-day year comprising twelve 30-day months.
(E) Principal and Interest Payments. The principal or Redemption Price of the Bonds shall be payable to the Owner thereof upon surrender thereof in lawful money of the United States of America at the Corporate Trust Office or, as provided in Subsection 2.10(E) (Book-Entry Provisions -- Payments to Depository), by wire transfer on each principal and mandatory redemption payment date to “Cede & Co.” or its registered assign, as sole registered Owner.

Interest on the Bonds shall be payable on September 1, 2026, and thereafter semiannually on March 1 and September 1 of each year by check mailed by first class mail on each Interest Payment Date or, as provided in Subsection 2.10(E) (Book-Entry Provisions -- Payments to Depository) and upon the written request of any Owner of $1,000,000 or more in aggregate principal amount of Bonds who has provided the Fiscal Agent with wire transfer instructions on or before the applicable Regular Record Date, by wire transfer on each Interest Payment Date to the Owner thereof as of the close of business on the Regular Record Date. The Regular Record Date for the Bonds shall be the fifteenth (15th) day of the calendar month immediately preceding the relevant Interest Payment Date.
(F) Cessation of Interest Accrual. Interest on any Bond shall cease to accrue (i) on the maturity date thereof, provided that there has been irrevocably deposited with the Fiscal Agent an amount sufficient to pay the principal amount thereof, plus interest accrued thereon to such date; or (ii) on the redemption date thereof, provided there has been irrevocably deposited with the Fiscal Agent an amount sufficient to pay the Redemption Price thereof, plus interest accrued thereon to such date. The Owner of such Bond shall not be entitled to any other payment, and such Bond shall no longer be Outstanding and entitled to the benefits of this Fiscal Agent 4913-0646-9277 19 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Agreement, except for the payment of the principal amount or Redemption Price, as appropriate, of such Bond.

Section 3.2 Redemption of Bonds.
(A) General Redemption Provisions. The Bonds shall be subject to redemption as provided in Article 5.
(B) Optional Redemption. [The Bonds are not subject to optional redemption prior to their respective stated maturities.]
(C) Mandatory Sinking Fund Redemption for Term Bonds. The Bonds maturing on September 1 in the years [20__] (the “Term Bonds”), are subject to redemption prior to their stated maturity, in part, at random, from Mandatory Redemption Payments deposited into their respective Sinking Account in the following principal amounts and on the following dates, without premium, but which amounts will be proportionately reduced by the principal amount of such Term Bonds redeemed early pursuant to paragraph (D) below:

Mandatory Redemption Dates
(September 1)
Principal
Amount
*Maturity
(D) Mandatory Redemption from Special Tax Prepayments. The Bonds are subject to redemption by the City prior to their respective stated maturities, as a whole or in part (by such maturities as may be specified by the City and by lot within a maturity) ) on the next Interest Payment Date for which notice of redemption can timely be given, from prepayments of the Special Taxes, at the applicable redemption price as set forth in the table below, plus accrued interest to the date fixed for redemption.

Redemption Date
Redemption Price
(expressed as a percentage of the
principal amount of the Bonds to be
redeemed)
Section 3.3 Application of Proceeds of Bonds and other Funds. The City shall cause the proceeds of the sale of the Bonds in the amount of $_______, to be transferred to and deposited with the Fiscal Agent, to be set aside and applied as follows:
(A) The Fiscal Agent shall deposit in the Bond Reserve Fund (created by Section 7.4 (Allocation of Special Taxes), the amount of $__________; 4913-0646-9277 20 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
(B) The Fiscal Agent shall deposit in the Costs of Issuance Account (created by Section 3.4 (Establishment and Application of Costs of Issuance Fund)), the amount of $__________;
(C) The Fiscal Agent shall transfer to the Interest Fund (created by Section 7.4 (Allocation of Special Taxes)), the amount of $_________; and (D) The Fiscal Agent shall transfer to the Escrow Agent the amount of $____________, [which amount, together with funds currently held under the 2007 Fiscal Agent Agreement and transferred to the Escrow Agent in the amount of $________,] shall be deposited in the Escrow Fund.

The Fiscal Agent may, in its discretion, establish any temporary fund or account to facilitate the foregoing deposits and transfers.

Section 3.4 Establishment and Application of Costs of Issuance Fund. The Fiscal Agent shall establish and maintain a separate fund designated as the “Costs of Issuance Fund.” With respect to each Series of Bonds for which proceeds of the sale thereof are required to be set aside specifically to pay Costs of Issuance, the Fiscal Agent shall maintain a separate account within the Costs of Issuance Fund designated as the “Costs of Issuance Account.” The moneys in each Costs of Issuance Account shall be applied by the Fiscal Agent to pay or to reimburse itself for the payment of the Costs of Issuance of the related Series of Bonds upon receipt of a Requisition signed by the City in substantially the form attached hereto as Exhibit B.

Section 3.5 Validity of Bonds. The recital in the Bonds that they are issued pursuant to the Constitution and statutes of the State shall be conclusive evidence of their validity and of compliance with provisions of law in their issuance.

ARTICLE IV

ISSUANCE AND DELIVERY OF ADDITIONAL SERIES OF BONDS
Section 4.1 Limitations on the Issuance of Obligations Payable from Special Taxes.

The City will not, so long as any of the Bonds are Outstanding, issue any obligations or securities, howsoever denominated, payable in whole or in part from Special Taxes except the following:
(A) Refunding Bonds. Bonds authorized pursuant to Section 4.2 (Refunding Bonds).
(B) Subordinate Obligations. Obligations that are junior and subordinate to the payment of the principal, premium, interest, and reserve fund requirements for the Bonds and which subordinated obligations are payable as to principal, premium, interest, and reserve fund requirements, if any, only out of Special Taxes that are on deposit in the Community Facilities Fund.

Section 4.2 Refunding Bonds. Notwithstanding anything to the contrary herein, the City may issue an additional Series of Bonds to refund any Bonds Outstanding if the total Debt Service on the refunding Bonds is less than total Debt Service on the Bonds to be refunded. 4913-0646-9277 21 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)

ARTICLE V

REDEMPTION OF BONDS
Section 5.1 General Applicability of Article. Bonds of any Series that are redeemable before their respective stated maturities shall be redeemable in accordance with their terms and (except as otherwise provided with respect to the Bonds of any particular Series by the provisions of this Fiscal Agent Agreement creating such Series) in accordance with this Article.

Section 5.2 Notice to Fiscal Agent. In the case of any redemption of less than all the Outstanding Bonds of any Series either at the election of the City or from prepaid Special Taxes, the City shall, at least sixty (60) days prior to the date fixed for redemption (unless a shorter notice shall be satisfactory to the Fiscal Agent, in its sole discretion) notify the Fiscal Agent of such redemption date and of the principal amount of Bonds of each Series to be redeemed.

Section 5.3 Selection by Fiscal Agent of Bonds to be Redeemed. If the City does not specify the amount of each Series to be redeemed, the Fiscal Agent shall prorate the amount of Bonds to be redeemed between all the Series in proportion to the amount of Bonds of each Series that are Outstanding. If the City does not specify the particular maturities of Bonds of a Series to be redeemed, Bonds of such Series shall be redeemed in inverse order of maturities.

If less than all the Outstanding Bonds of any maturity of a Series are to be redeemed, not more than forty-five (45) days prior to the redemption date the Fiscal Agent shall select the particular Bonds to be redeemed from the Outstanding Bonds of such maturity that have not previously been called for redemption, in minimum denominations of $5,000, at random in any manner that the Fiscal Agent in its sole discretion shall deem appropriate and fair.

The Fiscal Agent shall promptly notify the City in writing of the Bonds so selected for redemption and, in the case of a Bond selected for partial redemption, the principal amount thereof to be redeemed.

For all purposes of this Fiscal Agent Agreement, unless the context otherwise requires, all provisions relating to the redemption of Bonds shall relate, in the case of any Bond redeemed or to be redeemed only in part, to the portion of the principal of such Bond that has been or is to be redeemed.

Section 5.4 Notice of Redemption.
(A) Mailed Notice. The Fiscal Agent shall mail notice of redemption by first class mail, not fewer than thirty (30) nor more than sixty (60) days prior to the redemption date, (i) to the respective Owners of any Bonds designated for redemption at their addresses appearing on the Bond Register and (ii) to the original underwriter or other first purchaser of the Bonds designated for redemption. If a Series of Bonds is not then registered solely to a Securities Depository, the Fiscal Agent shall also give notice of redemption of Bonds of such Series to the Securities Depositories and the Information Service (at the same time it mails notice of redemption to the Owners) by registered or overnight mail, or by such other method as may be acceptable to such institutions.
4913-0646-9277 22 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
(B) Content of Notice. Each notice of redemption shall state (a) the date of such notice, (b) the Series designation of the Bonds, (c) the date of issue of the Series of Bonds, (d) the redemption date, (e) the Redemption Price, (f) the place or places of redemption (including the name and appropriate address or addresses of the Fiscal Agent), (g) the CUSIP number (if any) of the maturity or maturities, and (h) if less than all of any such maturity, the distinctive certificate numbers of the Bonds of such maturity to be redeemed and, in the case of Bonds to be redeemed in part only, the respective portions of the principal amount thereof to be redeemed. Each such notice shall also (a) state that on said date there will become due and payable on each of said Bonds the Redemption Price thereof or of said specified portion of the principal amount thereof in the case of a Bond to be redeemed in part only, together with interest accrued thereon to the date fixed for redemption, and (b) state that from and after such redemption date interest thereon shall cease to accrue, and (c) require that such Bonds be then surrendered at the address or addresses of the Fiscal Agent specified in the redemption notice. Neither the City nor the Fiscal Agent shall have any responsibility for any defect in the CUSIP number that appears on any Bond or in any redemption notice with respect thereto, and any such redemption notice may contain a statement to the effect that CUSIP numbers have been assigned by an independent service for convenience of reference and that neither the City nor the Fiscal Agent shall be liable for any inaccuracy in such numbers.
(C) Defects in Notice or Procedure. Failure by the Fiscal Agent to give notice to the Information Service or any one or more of the Securities Depositories or failure of any Owner to receive notice or any defect in any such notice shall not affect the sufficiency of the proceedings for redemption. A certificate by the Fiscal Agent that notice of redemption has been given as herein provided shall be conclusive as against all parties to whom such notice was given and no such party shall be entitled to show that he or she failed to receive notice of redemption.

Failure by the Fiscal Agent to mail notice to any one or more of the respective Owners of any Bonds designated for redemption shall not affect the sufficiency of the proceedings for redemption with respect to the Owner or Owners to whom such notice was mailed. (D) Conditional Notice of Redemption; Rescission of Redemption. The City may, at its option, specify in any notice of redemption that redemption is conditional upon the availability of money sufficient to pay the Redemption Price of all the Bonds that are to be redeemed on the date fixed for redemption. The City may, at its option, prior to the date fixed for redemption in any notice of redemption, rescind and cancel such notice of redemption by written notice to the Fiscal Agent on or prior to the date fixed for redemption. Any notice of redemption will be cancelled and annulled if for any reason funds are not available on the date fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation will not constitute a default under this Fiscal Agent Agreement. Neither the City nor the Fiscal Agent will have any liability to the Owners or any other party as a result of the City’s failure to redeem Bonds as a result of insufficient money.

Section 5.5 Deposit of Redemption Price. Prior to any redemption date, the City shall deposit with the Fiscal Agent an amount of money sufficient to pay the Redemption Price of all the Bonds that are to be redeemed on that date. Such money shall be held for the benefit of the persons entitled to such Redemption Price.
4913-0646-9277 23 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Section 5.6 Bonds Payable on Redemption Date. Notice of redemption having been duly given as aforesaid and moneys for payment of the Redemption Price of the Bonds so to be redeemed being held by the Fiscal Agent, on the redemption date designated in such notice (i) the Bonds so to be redeemed shall become due and payable at the Redemption Price specified in such notice, (ii) interest on such Bonds shall cease to accrue, (iii) such Bonds shall cease to be entitled to any benefit or security under this Fiscal Agent Agreement, and (iv) the Owners of such Bonds shall have no rights in respect thereof except to receive payment of the Redemption Price. Upon surrender of any such Bond for redemption in accordance with said notice, such Bond shall be paid by Fiscal Agent at the Redemption Price. Installments of interest due on or prior to the Redemption Date shall be payable to the Owners of the Bonds on the relevant Record Dates according to the terms of such Bonds and the provisions of Section 2.7 (Payment of Interest on Bonds; Interest Rights Preserved).

Section 5.7 Bonds Redeemed in Part.

Upon surrender of any Bond redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the Owner thereof, at the expense of the City, a new Bond or Bonds of the same Series of authorized denominations, and of the same maturity, equal in aggregate principal amount to the unredeemed portion of the Bond surrendered.

ARTICLE VI

DEFEASANCE
Section 6.1 Discharge of Fiscal Agent Agreement.
(A) Payment of Bonds. Bonds of any Series may be paid by the City in any of the following ways:
(1) by paying or causing to be paid the principal of and interest on such Bonds, as and when the same become due and payable;
(2) by depositing with the Fiscal Agent, an escrow agent or other fiduciary, in trust, at or before maturity, money or securities in the necessary amount (as provided in Section 6.3 (Deposit of Money or Securities with Fiscal Agent)) to pay or redeem such Bonds; or
(3) by delivering such Bonds to the Fiscal Agent for cancellation. (B) Consequence of Payment of All Bonds Outstanding. If the City shall pay all Bonds Outstanding and also pay or cause to be paid all other sums payable hereunder by the City, then and in that case, at the election of the City, evidenced by a Certificate of the City filed with the Fiscal Agent signifying the intention of the City to discharge all such indebtedness and this Fiscal Agent Agreement, and notwithstanding that any Bonds shall not have been surrendered for payment, this Fiscal Agent Agreement, the pledge of Special Taxes and other assets made hereunder, all covenants and agreements and other obligations of the City under this Fiscal Agent Agreement, and the rights and interests created hereby (except as to any surviving rights of transfer or exchange of Bonds as provided in Section 2.5 (Registration, Transfer, and Exchange) and rights to payment from moneys deposited with the Fiscal Agent as provided in Section 6.2 (Discharge of 4913-0646-9277 24 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Liability on Bonds)) shall cease, terminate, become void, and be completely discharged and satisfied. Notwithstanding the satisfaction and discharge of this Fiscal Agent Agreement, the obligations to the Fiscal Agent under Section 10.7 (Compensation and Indemnification of Fiscal Agent) and the covenants of the City to preserve the exclusion of interest on the Bonds from gross income for federal income tax purposes contained in Section 8.10 (Federal Income Tax Covenants) shall survive.
(C) Actions Upon Discharge. In such event, upon Request of the City, the Fiscal Agent shall cause an accounting for such period or periods as may be requested by the City to be prepared and filed with the City and shall execute and deliver to the City all such instruments as may be necessary or desirable to evidence such discharge and satisfaction, and the Fiscal Agent shall pay over, transfer, assign, or deliver to the City all moneys or securities or other property held by it pursuant to this Fiscal Agent Agreement that, as evidenced by a verification report (upon which the Fiscal Agent may conclusively rely) from a firm of certified public accountants, or other firm acceptable to the City, are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption; subject to the provisions of Section 8.10 (Federal Income Tax Covenants) and the Tax Certificate with respect to moneys in the Rebate Fund.
(D) Notice of Defeasance. If moneys or Defeasance Securities are deposited with and held by the Fiscal Agent, as hereinabove provided, the Fiscal Agent shall within thirty (30) Days after such money and Defeasance Securities shall have been deposited with it, mail a notice, first class postage prepaid, to the Bondholders at the addresses listed on the registration books kept by the Fiscal Agent pursuant to Section 2.5 (Registration, Transfer, and Exchange), (a) setting forth the maturity or date fixed for prepayment, as the case may be, of the Bonds, (b) giving a description of the Defeasance Securities, if any, so held by it, and (c) stating that this Fiscal Agent Agreement has been discharged in accordance with the provisions of this Section.

Section 6.2 Discharge of Liability on Bonds. Upon the deposit with the Fiscal Agent, escrow agent or other fiduciary, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 6.3 (Deposit of Money or Securities with Fiscal Agent)) to pay or redeem any Outstanding Bond (whether upon or prior to its maturity or the redemption date of such Bond), provided that, if such Bond is to be redeemed prior to maturity, notice of such redemption shall have been given as in Article 5 (Redemption of Bonds) provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then all liability of the City in respect of such Bond shall cease, terminate, and be completely discharged, except that thereafter (i) the Owner thereof shall be entitled to payment of the principal of and premium, if any, and interest on such Bond by the City and the City shall remain liable for such payment, but only out of such money or securities deposited with the Fiscal Agent as aforesaid for their payment, subject, however, to the provisions of Section 6.4 (Payment of Bonds After Discharge of Fiscal Agent Agreement) and (ii) the Owner thereof shall retain its rights of transfer or exchange of Bonds as provided in Section 2.5 (Registration, Transfer, and Exchange).

The City may at any time surrender to the Fiscal Agent for cancellation by it any Bonds previously issued and delivered, which the City may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired. 4913-0646-9277 25 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Section 6.3 Deposit of Money or Securities with Fiscal Agent. Whenever in this Fiscal Agent Agreement it is provided or permitted that there be deposited with or held in trust by the Fiscal Agent money or securities in the necessary amount to pay or redeem any Bonds, the money or securities so to be deposited or held may include money or securities held by the Fiscal Agent in the funds and accounts established pursuant to this Fiscal Agent Agreement and shall be:
(a) lawful money of the United States of America in an amount equal to the principal amount of such Bonds and all unpaid interest thereon to maturity, except that, in the case of Bonds that are to be redeemed prior to maturity and in respect of which notice of such redemption shall have been given as in Article 5 (Redemption of Bonds) provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, the amount to be deposited or held shall be the principal amount or Redemption Price of such Bonds and all unpaid interest thereon to the redemption date; or (b) Defeasance Securities the principal of and interest on which when due will, in the opinion of an independent certified public accountant delivered to the Fiscal Agent (upon which opinion the Fiscal Agent may conclusively rely), provide money sufficient to pay the principal or Redemption Price of and all unpaid interest to maturity, or to the redemption date, as the case may be, on the Bonds to be paid or redeemed, as such principal or Redemption Price and interest become due, provided that, in the case of Bonds that are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article 5 (Redemption of Bonds) provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice; provided, in each case, that the Fiscal Agent shall have been irrevocably instructed (by the terms of this Fiscal Agent Agreement or by Request of the City) to apply such money to the payment of such principal or Redemption Price and interest with respect to such Bonds.

Section 6.4 Payment of Bonds After Discharge of Fiscal Agent Agreement. Any moneys held by the Fiscal Agent in trust for the payment of the principal or Redemption Price of, or interest on, any Bonds and remaining unclaimed for two years after the principal of all of the Bonds has become due and payable (whether at maturity or upon call for redemption as provided in this Fiscal Agent Agreement), if such moneys were so held at such date, or two years after the date of deposit of such moneys if deposited after said date when all of the Bonds became due and payable, shall be repaid to the City free from the trusts created by this Fiscal Agent Agreement, and all liability of the Fiscal Agent with respect to such moneys shall thereupon cease; provided that the City has certified to the Fiscal Agent that the City has complied with the provisions of Sections 50050-50056 of the California Government Code.

ARTICLE VII

PAYMENT OF BONDS
Section 7.1 Liability of City Limited to Special Taxes. Notwithstanding anything in this Fiscal Agent Agreement or in the Bonds contained, the City shall not be required to advance any moneys derived from any source other than the Special Taxes and other assets pledged 4913-0646-9277 26 Fiscal Agent Agreement
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hereunder for any of the purposes in this Fiscal Agent Agreement mentioned, whether for the payment of the principal or Redemption Price of or interest on the Bonds or for any other purpose of this Fiscal Agent Agreement.

Section 7.2 Deposit of Special Taxes.

The City agrees and covenants that, at each time that Special Taxes are received, it will transfer the Special Taxes received to the Fiscal Agent; provided that, if the City determines, on or before any Interest Payment Date, that the Fiscal Agent will have sufficient money in the Special Tax Fund on such date to make the deposits required by Section 7.4 (Allocation of Special Taxes), the City may, from the Special Taxes received, deposit into the Community Facilities Fund the amount needed to pay its budgeted Administrative Expenses for the period prior to the next Interest Payment Date or to reimburse the City for the payment of unbudgeted Administrative Expenses during the prior six-month period (taking into account in such determination the amounts available in the Community Facilities Fund for such purpose).

The Fiscal Agent shall deposit any portion of such Special Taxes that represents prepaid Special Taxes into the Prepayment Fund as directed in writing by the City. The Fiscal Agent shall deposit all other Special Taxes received into the “City of Chowchilla Community Facilities District No. 2025-2 Special Tax Fund,” which fund the Fiscal Agent shall establish and maintain. All money in the Special Tax Fund shall be held by the Fiscal Agent hereunder and shall be disbursed, allocated and applied solely to the uses and purposes hereinafter set forth in this article.

Section 7.3 Pledge of Special Taxes. Subject only to the provisions of this Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Special Taxes, and all amounts (including proceeds of the Bonds) held by the Fiscal Agent in any fund or account established hereunder (except for amounts held in the Rebate Fund) are hereby pledged to secure the payment of the principal of and interest on the Bonds in accordance with their terms and the provisions of this Fiscal Agent Agreement. This pledge shall constitute a first lien on the Special Taxes and amounts in such funds and shall be valid and binding from and after delivery by the Fiscal Agent of the Bonds, without any physical delivery thereof or further act. The Special Taxes are hereby pledged to the payment of Bonds without priority or distinction of one over the other and the Special Taxes constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of Special Taxes certain amounts may be applied for other purposes as provided herein. The pledge of Special Taxes herein made shall be irrevocable until all of the Bonds are no longer Outstanding.

Section 7.4 Allocation of Special Taxes. The Fiscal Agent shall transfer from the Special Tax Fund and deposit into the following respective accounts and funds (each of which accounts and funds are hereby created with the Fiscal Agent, except the Community Facilities Fund) in the following order of priority, the requirements of each such fund (including the making up of any deficiencies in any such fund resulting from lack of Special Taxes sufficient to make any earlier required deposit) at the time of deposit to be satisfied before any deposit is made to any fund subsequent in priority:
(A) Interest Fund. On or before each Interest Payment Date, the Fiscal Agent shall deposit in the Interest Fund an amount equal to the aggregate amount of interest becoming 4913-0646-9277 27 Fiscal Agent Agreement
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due and payable on the Outstanding Bonds on the next succeeding Interest Payment Date (excluding any interest for which there are moneys deposited in the Interest Fund from the proceeds of any Series of Bonds or other source and reserved as capitalized interest to pay such interest on such Interest Payment Date). No deposit need be made into the Interest Fund if the amount contained therein is at least equal to the interest to become due and payable on the next succeeding Interest Payment Date (but excluding any moneys on deposit in the Interest Fund from the proceeds of any Series of Bonds or other source and reserved as capitalized interest to pay interest on any future Interest Payment Dates following such Interest Payment Date). (B) Principal Fund; Sinking Accounts. On or before each Principal Payment Date, the Fiscal Agent shall deposit in the Principal Fund an amount equal to (a) the aggregate amount of principal becoming due and payable on the Outstanding Serial Bonds of all Series on the next succeeding Principal Payment Date plus (b) the aggregate amount of the Mandatory Sinking Account Payments to be paid on the next succeeding Principal Payment Date into the respective Sinking Accounts for the Term Bonds of all Series for which Sinking Accounts have been created; provided that, if the City certifies to the Fiscal Agent that any principal payments shall be refunded on or prior to their respective due dates, no amounts need be set aside towards such principal to be so refunded.

No deposit need be made into the Principal Fund so long as there shall be in such fund (i) moneys sufficient to pay the principal of all Serial Bonds issued hereunder and then Outstanding and maturing by their terms within the next twelve months plus (ii) the aggregate of all Mandatory Sinking Account Payments required to be made in such twelve-month period, but less any amounts deposited into the Principal Fund during such twelve-month period and theretofore paid from the Principal Fund to redeem or purchase Term Bonds during such twelve-month period, and less any principal payments to be refunded on or prior to their respective due dates. At the beginning of each Fiscal Year and in any event not later than July 15 of each year, the City shall provide to the Fiscal Agent a Certificate of the City setting forth the principal payments for which deposits will not be necessary pursuant to the preceding sentence and the reason therefor. (C) Community Facilities Fund – Administrative Expenses; Facilities. On each Interest Payment Date, pursuant to a Written Order of the City, the Fiscal Agent shall transfer to the City for deposit into the “City of Chowchilla Community Facilities District No. 2025-2 Community Facilities Fund,” which fund the City shall establish and maintain, the amount determined by the City to be required pay its budgeted Administrative Expenses for the period prior to the next Interest Payment Date or to reimburse the City for the payment of unbudgeted Administrative Expenses during the prior six-month period (taking into account in such determination the amounts available in the Community Facilities Fund for payment of Administrative Expenses). The City shall use the money in the Community Facilities Fund solely for the payment of Administrative Expenses or otherwise for the benefit of CFD No. 2025-2 in accordance with the Act, including for the payment of debt service on Bonds. (D) Bond Reserve Fund. On or before each Interest Payment Date, the Fiscal Agent shall deposit in the Bond Reserve Fund, except as otherwise provided in Section 7.7 (Funding and Application of Bond Reserve Fund), the amount required to restore the balance in the Bond Reserve Fund to an amount equal to the Bond Reserve Requirement. The Fiscal Agent shall promptly notify the City of any deficiencies in the Bond Reserve Fund. 4913-0646-9277 28 Fiscal Agent Agreement
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(E) Community Facilities Fund – Balance of the Special Taxes. The Fiscal Agent shall transfer to the City all money remaining in the Special Tax Fund on [_________] of each year, after transferring all of the sums required to be transferred therefrom on or prior to such date by the provisions of the foregoing subsections (A), (B), (C), and (D) of this Section, for deposit into Community Facilities Fund. The City shall use the money in the Community Facilities Fund solely for the payment of Administrative Expenses, payments of debt service on subordinate obligations, or otherwise for the benefit of CFD No. 2025-2 in accordance with the Act, including for the payment of debt service on Bonds.

Section 7.5 Application of Interest Fund. All amounts in the Interest Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds purchased or redeemed prior to maturity pursuant to this Fiscal Agent Agreement).

Section 7.6 Application of Principal Fund; Sinking Accounts. (A) Application of Principal Fund. All amounts in the Principal Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying the principal of the Bonds when due and payable, except that all amounts in the Sinking Accounts shall be used and withdrawn by the Fiscal Agent solely to purchase or redeem or pay at maturity Term Bonds, as provided herein; and except that any amounts deposited in the Principal Fund for the payment of the Redemption Price on Bonds shall be used and withdrawn by the Fiscal Agent for the payment of such Redemption Price on the date fixed for the redemption of such Bonds. (B) Sinking Accounts. The Fiscal Agent shall establish and maintain within the Principal Fund a separate account for the Term Bonds of each maturity, designated as the “Sinking Account,” inserting therein the maturity designation of such Bonds. On the Business Day prior to any date upon which a Mandatory Sinking Account Payment is due, the Fiscal Agent shall transfer the amount of such Mandatory Sinking Account Payment from the Principal Fund to the applicable Sinking Account. With respect to each Sinking Account, on each Mandatory Sinking Account Payment date established for such Sinking Account, the Fiscal Agent shall apply the Mandatory Sinking Account Payment required on that date to the redemption (or payment at maturity, as the case may be) of Term Bonds of such maturity for which such Sinking Account was established, upon the notice and in the manner provided in this Fiscal Agent Agreement; provided that, at any time prior to giving such notice of such redemption, the Fiscal Agent shall, upon receipt of a Request of the City, apply moneys in such Sinking Account to the purchase of Term Bonds of such maturity at public or private sale, as and when and at such prices (including brokerage and other charges, but excluding accrued interest, which is payable from the Interest Fund) as is directed by the City, except that the purchase price (excluding accrued interest) shall not exceed the principal amount thereof. If, during the twelve-month period immediately preceding said Mandatory Sinking Account Payment date, the Fiscal Agent has purchased Term Bonds of such maturity with moneys in such Sinking Account, or, during said period and prior to giving said notice of redemption, the City has deposited Term Bonds of such maturity with the Fiscal Agent, or Term Bonds of such maturity were at any time purchased or redeemed by the Fiscal Agent from the Prepayment Fund or other source of funds and allocable to said Mandatory Sinking Account Payment, such Term Bonds so purchased or deposited or redeemed shall be applied, to the extent of the full principal amount thereof, to reduce said Mandatory Sinking Account Payment. 4913-0646-9277 29 Fiscal Agent Agreement
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Any amounts remaining in a Sinking Account when all of the Term Bonds for which such account was established are no longer Outstanding shall be withdrawn by the Fiscal Agent and transferred to the City for deposit into the Community Facilities Fund.

All Term Bonds purchased from a Sinking Account or deposited by the City with the Fiscal Agent in a twelve-month period ending July 31 shall be allocated first to the next succeeding Mandatory Sinking Account Payment for such maturity of Term Bonds, then as a credit against such future Mandatory Sinking Account Payments for such maturity of Term Bonds as may be specified in a Request of the City. All Term Bonds redeemed by the Fiscal Agent from the Prepayment Fund or other source of funds shall be credited to such future Mandatory Sinking Account Payments for such maturity of Term Bonds as may be specified in a Request of the City.

Section 7.7 Funding and Application of Bond Reserve Fund. (A) Letter of Credit. In lieu of making the Bond Reserve Requirement deposit in compliance with Section 7.4 (Allocation of Special Taxes), or in replacement of moneys then on deposit in the Bond Reserve Fund (which shall be transferred by the Fiscal Agent to the City for deposit into the Community Facilities Fund), the City may deliver to the Fiscal Agent an irrevocable letter of credit issued by a financial institution having unsecured debt obligations rated in one of the two highest Rating Categories of Moody’s or Standard & Poor’s, in an amount, together with moneys, Investment Securities, insurance policies, or surety bonds (as described in Section 7.7(B) (Insurance Policy)) on deposit in the Bond Reserve Fund, equal to the Bond Reserve Requirement. Such letter of credit shall have a term no less than three (3) years or, if less, the maturity of the Series of Bonds in connection with which such letter of credit was obtained and shall provide by its terms that it may be drawn upon as provided in this Section. At least one year prior to the stated expiration of such letter of credit, the City shall either (i) deliver a replacement letter of credit, (ii) deliver an extension of the letter of credit for at least an additional year or, if less, the maturity of the Series of Bonds in connection with which such letter of credit was obtained, or (iii) deliver to the Fiscal Agent an insurance policy or surety bond satisfying the requirements of Section 7.7(B) (Insurance Policy). Upon delivery of such replacement letter of credit, extended letter of credit, insurance policy, or surety bond, the Fiscal Agent shall deliver the then-effective letter of credit to or upon the order of the City. Alternatively, the City shall include in the Special Taxes to be collected the amount needed to restore the amount on deposit in the Bond Reserve Fund to an amount equal to the Bond Reserve Requirement by no later than one week prior to the stated expiration date of the letter of credit. If an amount equal to the Bond Reserve Requirement as of the date following the expiration of the letter of credit is not on deposit in the Bond Reserve Fund one week prior to the expiration date of the letter of credit (excluding from such determination the letter of credit), the Fiscal Agent shall draw on the letter of credit to fund the deficiency resulting therefrom in the Bond Reserve Fund. (B) Insurance Policy. In lieu of making the Bond Reserve Requirement deposit in compliance with Section 7.4 (Allocation of Special Taxes), or in replacement of moneys then on deposit in the Bond Reserve Fund (which shall be transferred by the Fiscal Agent to the City for deposit into the Community Facilities Fund), the City may also deliver to the Fiscal Agent an insurance policy or surety bond securing an amount, together with moneys, Investment Securities or letters of credit on deposit in the Bond Reserve Fund, no less than the Bond Reserve Requirement issued by an insurance company whose unsecured debt obligations (or for which 4913-0646-9277 30 Fiscal Agent Agreement
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obligations secured by such insurance company’s insurance policies or surety bonds) are rated at the time of delivery of the policy in one of the two highest Rating Categories of Moody’s or Standard & Poor’s. Such insurance policy or surety bond shall have a term of no less than the maturity of the Series of Bonds in connection with which such insurance policy or surety bond was obtained. In the event that such insurance policy or surety bond for any reason lapses or expires, the City shall immediately implement (i) or (iii) of the preceding paragraph or make the required deposits to the Bond Reserve Fund.
(C) Application of Bond Reserve Fund.
(1) Payment of Debt Service Deficiencies. All amounts in the Bond Reserve Fund (including all amounts that may be obtained from letters of credit, insurance policies, and surety bonds on deposit in the Bond Reserve Fund) shall be used and withdrawn by the Fiscal Agent, as hereinafter provided, solely for the purpose of making up any deficiency in the Interest Fund or the Principal Fund. The portion of the Bond Reserve Fund held in cash or Investment Securities may be used (together with any other moneys available therefor) for the payment or redemption of all Bonds then Outstanding; such portion may also be used for the redemption of or the payment of the final principal and interest payment of a Series of Bonds if, following such redemption or payment, the amounts in the Bond Reserve Fund (including the amounts that may be obtained from letters of credit, insurance policies, and surety bonds on deposit therein) will equal the Bond Reserve Requirement. The Fiscal Agent shall first draw on the portion of the Bond Reserve Fund held in cash or Investment Securities and then, on a pro rata basis with respect to the portion of the Bond Reserve Fund held in the form of letters of credit, insurance policies, and surety bonds (calculated by reference to the maximum amounts of such letters of credit, insurance policies, and surety bonds), draw on each letter of credit and collect under each insurance policy or surety bond issued with respect to the Bond Reserve Fund, in a timely manner and pursuant to the terms of such letter of credit, insurance policy, or surety bond to the extent necessary in order to obtain sufficient funds on or prior to the date such funds are needed to pay the principal of, Mandatory Sinking Account Payments with respect to, and interest on the Bonds when due. (2) Repayment of Amounts Recovered as Preferences in Bankruptcy. If the Fiscal Agent has notice that any payment of principal of or interest on a Bond has been recovered from a Bondowner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Fiscal Agent, pursuant to and provided that the terms of the letter of credit, insurance policy, or surety bond if any, securing the Bonds so provide, shall so notify the City thereof and draw on such letter of credit or collect under such insurance policy or surety bond to the lesser of the extent required or the maximum amount of such letter of credit, insurance policy, or surety bond in order to pay to such Bondowners the principal and interest so recovered. If and to the extent that the Bond Reserve Requirement is satisfied by a deposit of cash or Investment Securities and one or more letters of credit, insurance policies, or surety bonds (or any combination thereof), the Fiscal Agent shall first draw on the portion of the Bond Reserve Fund held in cash or Investment Securities and then make drawings under such letters of credit, insurance policies, or surety bonds 4913-0646-9277 31 Fiscal Agent Agreement
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shall be made on a pro rata basis (calculated by reference to the maximum amounts of such letters of credit, insurance policies, and surety bonds).

The City shall reimburse draws upon any letter of credit, insurance policy, or surety bond that satisfies the Bond Reserve Requirement in whole or in part in accordance with the terms of this Agreement and any insurance agreement or reimbursement agreement between the City and the provider of such security instruments. Any such reimbursement shall only be made from Special Taxes.
(3) Reimbursement of Draws on Letters of Credit and Insurance Policies. If a drawing is made on a letter of credit, insurance policy, or surety bond, the Fiscal Agent shall use amounts deposited in the Bond Reserve Fund by the City following such draw first to make the payments required by the terms of the letter of credit, insurance policy, surety bond, or related reimbursement or loan agreement so that the letter of credit, insurance policy, or surety bond shall ( absent the delivery to the Fiscal Agent of a substitute letter of credit, insurance policy, or surety bond satisfying the requirements of this Section or the deposit in the Bond Reserve Fund of an amount sufficient to increase the balance in the Bond Reserve Fund to the Bond Reserve Requirement) be reinstated in the amount of such drawing within one year of the date of such drawing. After such reinstatement, the Fiscal Agent shall use amounts deposited in the Bond Reserve Fund by the City for the replenishment of the portion of Bond Reserve Fund held in cash or Investment Securities.
(4) Surplus Amounts. The Fiscal Agent shall transfer any amounts in the Bond Reserve Fund in excess of the Bond Reserve Requirement on March 1 and September 1 of each year, in accordance with instructions from the City, either to the City for deposit into the Community Facilities Fund or to the Rebate Fund; provided that such amounts shall be transferred only from the portion of the Bond Reserve Fund held in the form of cash or Investment Securities.
(5) Transfer Upon Special Tax Prepayment. If Special Taxes are prepaid, a proportionate amount in the Bond Reserve Fund (determined by an authorized officer of the City in accordance with the Rate and Method) shall be transferred to the Prepayment Fund. The City shall recalculate and report the amount of the Bond Reserve Requirement to the Fiscal Agent.

Section 7.8 Application of Prepayment Fund. The Fiscal Agent shall, when required, establish, maintain and hold a special fund designated as the “Prepayment Fund.” All moneys representing prepaid Special Taxes that are deposited by the City with the Fiscal Agent shall be deposited in the Prepayment Fund. Except as provided below, all amounts deposited in the Prepayment Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of redeeming Bonds of any Series, in the manner, at the times and upon the terms and conditions specified in Section 3.2(D) (Redemption of Bonds - Mandatory Redemption from Special Tax Prepayments); provided that, at any time prior to giving such notice of redemption, the Fiscal Agent shall, upon receipt of a Request of the City, apply such amounts to the purchase of Bonds at public or private sale, as and when and at such prices (including brokerage and other charges, but excluding accrued interest, which is payable from the Interest Fund) as is directed by the City, 4913-0646-9277 32 Fiscal Agent Agreement
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except that the purchase price (exclusive of such accrued interest) may not exceed the Redemption Price then applicable to such Bonds. All Term Bonds purchased or redeemed from the Prepayment Fund shall be allocated to Mandatory Sinking Account Payments applicable to such maturity of Term Bonds as may be specified in a Request of the City. Following a redemption of Bonds from the Prepayment Fund, the Fiscal Agent shall transfer any remaining amount that represented the amount deposited that exceeded an even multiple of $5,000 to the City for deposit into the Special Tax Fund.

Section 7.9 Rebate Fund. The Fiscal Agent shall, when required, establish and maintain a fund designated as the “Rebate Fund” separate from any other fund held by the Fiscal Agent. The Fiscal Agent shall deposit moneys into and disburse moneys from the Rebate Fund pursuant to written instructions from the City. The Fiscal Agent shall be deemed conclusively to have complied with the provisions of this Section and the Tax Certificate if it follows the instructions of the City, including to supply all necessary information in the manner specified in the Tax Certificate. The Fiscal Agent may rely conclusively upon the City’s determinations, calculations and certifications required by this Section. The Fiscal Agent shall have no responsibility to independently make any calculation or determination or to review the City’s calculations hereunder. In the absence of written instructions from the City, the Fiscal Agent shall not be required to take any action with respect to the Rebate Fund or the Tax Certificate and shall have no liability or responsibility to enforce compliance by the City with the terms of the Tax Certificate.

Section 7.10 Investment of Moneys in Funds and Accounts. All moneys in any of the funds and accounts held by the Fiscal Agent and established pursuant to this Fiscal Agent Agreement shall be invested solely as directed by the City, solely in Investment Securities. All Investment Securities shall, as directed by the City in writing, be acquired subject to the limitations set forth in Section 8.10 (Federal Income Tax Covenants), the limitations as to maturities hereinafter in this Section set forth and such additional limitations or requirements consistent with the foregoing as may be established by Request of the City and not inconsistent with the duties of the Fiscal Agent hereunder. In the absence of any written direction from the City, the Fiscal Agent shall invest, to the extent reasonably practicable any such moneys in item (a) of the second sentence in the definition of Investment Securities, which by their terms mature prior to the date on which such moneys are required to be paid out hereunder and otherwise hold such amounts uninvested; provided, however, that any such investment shall be made by the Fiscal Agent only if, prior to the date on which such investment is to be made, it shall have received a written direction specifying a specific money market mutual fund and, if no such written direction is so received, the Fiscal Agent shall hold such moneys uninvested.

Moneys in the Bond Reserve Fund shall be invested in Investment Securities maturing or available on demand within ten years of the date of such investment. Moneys in the remaining funds and accounts shall be invested in Investment Securities maturing or available on demand not later than the date on which it is estimated that such moneys will be required by the Fiscal Agent.

Unless otherwise provided in a Supplemental Fiscal Agent Agreement all interest, profits, and other income received from the investment of moneys in: (1) the Rebate Fund shall be deposited in the Rebate Fund, except as otherwise directed by the City in accordance with Section 8.10 (Federal Income Tax Covenants); (2) the Costs of Issuance Fund shall be deposited 4913-0646-9277 33 Fiscal Agent Agreement
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(or, with respect to any of these accounts or funds held by the Fiscal Agent, transferred by the Fiscal Agent to the City for deposit) when received into the Special Tax Fund, and (3) all other funds and accounts shall be deposited therein. Notwithstanding anything to the contrary contained in this paragraph, an amount of interest received with respect to any Investment Security equal to the amount of accrued interest, if any, paid as part of the purchase price of such Investment Security shall be credited to the fund or account from which such accrued interest was paid net of any excess paid to the City pursuant to section 7.7(C)(4) (Funding and Application of Bond Reserve Fund – Application of Bond Reserve Fund – Surplus Amounts) hereunder.

All Investment Securities credited to the Bond Reserve Fund shall be valued as of March 1 and September 1 of each year at their market value determined to the extent practical by a quotation service selected by the Fiscal Agent in its discretion, including those available through its regular accounting system.

The Fiscal Agent may commingle any of the funds or accounts established by the Fiscal Agent pursuant to this Fiscal Agent Agreement into a separate fund or funds for investment purposes only, provided that all funds or accounts held by the Fiscal Agent hereunder shall be accounted for separately as required by this Fiscal Agent Agreement.

The Fiscal Agent or any of its affiliates may act as principal or agent in the making or disposing of any investment made by the Fiscal Agent hereunder and, with the prior written consent of the City, may impose its customary charge therefor. The Fiscal Agent may sell, or present for redemption, any Investment Securities so purchased whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such Investment Security is credited, and the Fiscal Agent shall not be liable or responsible for any loss resulting from such investment. The City acknowledges that, to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grants the City the right to receive brokerage confirmations of security transactions as they occur, the City specifically waives receipt of such confirmations to the extent permitted by law. The Fiscal Agent will furnish the City with periodic cash transaction statements that shall include detail for all investment transactions made by the Fiscal Agent hereunder. The Fiscal Agent shall not be required to determine the legality of any investments. The Fiscal Agent may make any investments hereunder through its own bond or investment department or trust investment department or those of its parent or any affiliate. Upon the City’s election, such statements will be delivered via the Trustee’s online service and upon electing such service, paper statements will be provided only upon request. The City understands that trade confirmation for securities transactions effected by the Trustee will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker.

The Fiscal Agent shall keep proper books of record and accounts containing correct entries of all transactions made by it relating to the receipt, investment, disbursement, allocation and application of the moneys related to the Bonds, including moneys derived from, pledged to, or to be used to make payments on the Bonds. Such records shall specify the account or fund to which each investment (or portion thereof) held by the Fiscal Agent is to be allocated and shall set forth, in the case of each investment security, (a) its purchase price, (b) identifying information, including par amount, coupon rate, and payment dates, (c) the amount received at maturity or its 4913-0646-9277 34 Fiscal Agent Agreement
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sale price, as the case may be, including accrued interest, (d) the amounts and dates of any payments made with respect thereto, and (e) the dates of acquisition and disposition or maturity.

The Fiscal Agent shall also provide to the City, in accordance with a Request of the City, with respect to each Investment Security transaction effected by the Fiscal Agent such documentation as is reasonably available to the Fiscal Agent and is required by the Code or other applicable law to be obtained by the City as evidence to establish that all investments have been acquired and disposed of on an established market in arm’s-length transactions at a price equal to their fair market value and with no amounts have been paid to reduce the yield on the investments, or shall be United States Treasury Obligations-State and Local Government Series as set forth in the Tax Certificate.

Section 7.11 Funds and Accounts. Any fund required by this Fiscal Agent Agreement to be established and maintained by the Fiscal Agent may be established and maintained in the accounting records of the Fiscal Agent either as a fund or an account and may, for the purposes of such records, any audits thereof and any reports or statements with respect thereto, be treated either as a fund or as an account; but all such records with respect to all such funds shall at all times be maintained in accordance with customary standards of the corporate trust industry, to the extent practicable, and with due regard for the protection of the security of the Bonds and the rights of every Owner thereof.

Section 7.12 Money Held for Particular Bonds. The money held by the Fiscal Agent for the payment of the interest, principal or Redemption Price due on any date with respect to particular Bonds (or portions of Bonds in the case of Bonds redeemed in part only) shall, on and after such date and pending such payment, be set aside on its books and held by it uninvested for the Owners of the Bonds entitled thereto, subject, however, to the provisions of Section 6.4 (Payment of Bonds After Discharge of Fiscal Agent Agreement).

ARTICLE VIII

COVENANTS OF THE CITY
Section 8.1 Power to Issue Bonds and Make Pledge. The City is duly authorized pursuant to the law to issue the Bonds and to enter into this Fiscal Agent Agreement and to pledge the Special Taxes and other assets purported to be pledged under this Fiscal Agent Agreement in the manner and to the extent provided in this Fiscal Agent Agreement. The Bonds and the provisions of this Fiscal Agent Agreement are and will be the valid and binding limited obligations of the City in accordance with their terms.

Section 8.2 Limitations on Liens. The City will not create any pledge, lien or charge upon any of the Special Taxes or other amounts pledged hereunder having priority over or having parity with the lien of the Bonds while any of the Bonds are Outstanding, except only as permitted in Section 4.1 (Limitations on the Issuance of Obligations Payable from Special Taxes) and Section 4.2 (Refunding Bonds).

Section 8.3 Levy and Collection of the Special Taxes; Maintenance of Special Taxes; Expense Budgets.
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(A) Levy and Collection of the Special Taxes. The City covenants that, so long as any of the Bonds are Outstanding, and subject to the maximum rates of Special Taxes that it is authorized to levy on Taxable Property, it will annually levy and make provision for the collection of the Special Taxes in amounts that will be sufficient, after making reasonable allowances for contingencies and errors in the estimates, to yield proceeds equal to the amounts required for compliance with the agreements, conditions, covenants, and terms contained herein, and that in any event will be sufficient (1) to pay the interest on and principal of and Mandatory Sinking Account Payments for, and to accumulate funds to pay future debt service on, the Bonds as they become due and payable, (2) to replenish the Bond Reserve Fund to the Bond Reserve Requirement, (3) to cure any delinquencies in the payment of the principal of or interest on the Bonds that have occurred in the prior Fiscal Year or are expected to occur in the Fiscal Year in which the tax will be collected, and (4) to pay all current Administrative Expenses as they become due and payable in accordance with the provisions hereof. The Special Taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and, except as otherwise provided in Section 8.7 (Covenant to Foreclose) and in the Act, shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem property taxes.
(B) Maintenance of Special Taxes. The City covenants and agrees to not consent to or conduct proceedings with respect to a reduction in the Special Taxes that may be levied in CFD No. 2025-2 below an amount, for any Fiscal Year, equal to 110% of Annual Debt Service due and payable with respect to the Bonds in the Bond Year ending on the September 1 immediately following such Fiscal Year, plus 100% of the City’s reasonable estimate of Administrative Expenses for such Fiscal Year; provided, however, that the City may at any time reduce the Special Taxes to the extent that the amount of Special Taxes that would result from levying the Special Taxes at such maximum amounts would result in an amount of Special Taxes in excess of the amount required to comply with such covenant. The City hereby acknowledges that Owners of Outstanding Bonds are purchasing the Bonds in reliance upon the foregoing covenant and that the covenant is necessary to assure the full and timely payment of the Bonds. (C) Expense Budget. The City will, on or before August 1 in each year, adopt a budget for the Fiscal Year setting forth the estimated Administrative Expenses for such Fiscal Year; provided that any budget adopted in accordance with this section may be amended at any time.

Section 8.4 Punctual Payment and Performance. The City will punctually pay or cause to be paid the principal or Redemption Price and interest to become due in respect of all the Bonds, in strict conformity with the terms of the Bonds and of this Fiscal Agent Agreement, according to the true intent and meaning thereof, and shall punctually pay or cause to be paid all Mandatory Sinking Account Payments, but in each case only out of Special Taxes as provided in this Fiscal Agent Agreement. The City will faithfully observe and perform all of the conditions, covenants, and terms contained herein and in the Bonds required to be observed and performed by it.

Section 8.5 Extension of Payment of Bonds. The City will not directly or indirectly extend or assent to the extension of the maturity of any of the Bonds or the time of payment of any or claims for interest by any arrangement and in case the maturity of any of the Bonds or the time 4913-0646-9277 36 Fiscal Agent Agreement
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of payment of any such claims for interest shall be extended, such Bonds or claims for interest shall not be entitled, in case of any default hereunder, to the benefits of this Fiscal Agent Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest thereon that shall not have been so extended. Nothing in this Section shall be deemed to limit the right of the City to issue bonds for the purpose of refunding any Outstanding Bonds, and such issuance shall not be deemed to constitute an extension of maturity of Bonds.

Section 8.6 Limits on Special Tax Waivers and Bond Tenders. The City covenants not to exercise its rights under the Act to waive delinquency and redemption penalties related to or to declare an amnesty program with respect to such delinquency and redemption penalties related to the Special Taxes if to do so would materially and adversely affect the interests of the Owners of Outstanding Bonds. The City further covenants not to permit the tender of Bonds in payment of any Special Taxes except upon receipt of a certificate of an independent certified public accountant that to accept such tender will not result in the City’s having insufficient Special Tax revenues to pay the principal of and interest on the Bonds that will remain Outstanding following such tender.

Section 8.7 Covenant to Foreclose. So long as the payment to the City by Madera County of the Special Taxes levied by the City is not subject to the “Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds,” being Revenue and Taxation Code section 4701-4717 (the “Teeter Plan”), the City will do each of the following, as applicable.
(A) Annual Review. The City will annually review the public records of Madera County relating to the collection of the Special Taxes in order to determine, by a date not later than August 1 of each year, the amount of Special Taxes collected and the amount thereof delinquent in the prior Fiscal Year.
(B) Individual Delinquencies. If the City determines on the basis of such review that the Special Tax with respect to any single parcel of Taxable Property is delinquent by more than three thousand five hundred dollars ($3,500.00), then the City shall send a notice of delinquency and a demand for immediate payment thereof to the owner of the parcel by August 15.

If the delinquency is not cured by November 1, the City will institute, prosecute, and pursue foreclosure proceedings to judgment and sale in order to enforce the lien of the delinquent installments of Special Taxes against such property owner’s parcel(s). (C) Aggregate Delinquencies or Concentration of Ownership. If the City determines on the basis of such review that the amount of Special Taxes received was less than ninety-five per cent (95%) of the amount of Special Taxes levied in the Fiscal Year, then, by September 5, the City shall send a notice of delinquency and a demand for immediate payment thereof to each owner of a parcel with respect to which the Special Tax is delinquent. If a delinquency with respect to a parcel is not cured by November 1, the City will institute, prosecute, and pursue foreclosure proceedings to judgment and sale in order to enforce the lien of the delinquent installments of Special Taxes against the parcel. 4913-0646-9277 37 Fiscal Agent Agreement
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Section 8.8 Preservation of Rights of Owners. The City, subject to the provisions of this Fiscal Agent Agreement, shall at all times, to the extent permitted by law, defend, preserve, and protect the pledge of Special Taxes and other assets and all the rights of the Bondholders under this Fiscal Agent Agreement against all claims and demands of all persons whomsoever.

Section 8.9 Waiver of Laws. The City will not at any time insist upon or plead in any manner whatsoever, or claim or take the benefit or advantage of, any stay or extension law now or at any time hereafter in force that may affect the covenants and agreements contained in this Fiscal Agent Agreement or in the Bonds, and all benefit or advantage of any such law or laws is hereby expressly waived by the City to the extent permitted by law.

Section 8.10 Federal Income Tax Covenants. The City shall at all times do and perform all acts and things permitted by law and this Fiscal Agent Agreement that are necessary and desirable in order to assure that interest paid on the Bonds will be excluded from gross income for federal income tax purposes and shall take no action that would result in such interest not being so excluded; provided that, prior to the issuance of any Series of Bonds, the City may exclude the application of the covenants contained in this Section to such Series of Bonds. Without limiting the generality of the foregoing, the City agrees to comply with the provisions of the Tax Certificate.

This covenant shall survive the defeasance or payment in full of the Bonds.

Section 8.11 Accounting for Special Taxes. The City will at all times keep, or cause to be kept, proper books of record and account, prepared in accordance with generally accepted accounting principles, in which complete and accurate entries shall be made of all transactions relating to the receipt and disbursement of the Special Taxes (including the expenditure of moneys from the Special Tax Fund). Such books of record and account shall be available for inspection by the Fiscal Agent (who shall have no duty to inspect) at reasonable hours and under reasonable circumstances.

Section 8.12 Annual and Extraordinary Reports.
(A) Annual Report to City Council. Pursuant to Government Code sections 50075.3 and 53411, on or before October 30 in each year, as long as the Bonds are Outstanding the Finance Director shall prepare and file with the City Council a report containing (1) the amount of Special Taxes levied and collected in the preceding Fiscal Year, (2) the amount of funds available in the Community Facilities Fund, and (3) the status of the acquisition and construction of the Facilities.
(B) Annual Report to CDIAC. Pursuant to Government Code sections 53359.5(b), on or before October 30 in each year, as long as any Bonds are Outstanding, the City shall mail, postage prepaid, a report to CDIAC comprising the following data, all as of July 1 of such year:
(1) the City’s name;
(2) the CFD’s number and name;
(3) the name and title of the Bonds;
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(4) the credit rating of the Bonds and the rating agency that provided the rating; (5) the date of issuance of the Bonds and their original principal amount; (6) the Bond Reserve Requirement;
(7) the principal amount of Bonds Outstanding;
(8) the balance in the Bond Reserve Fund;
(9) the balance in any Capitalized Interest Account;
(10) the following information concerning delinquent Special Taxes:
(a) the number of parcels of Taxable Property that are delinquent with respect to their payment of Special Taxes;
(b) the amount by which such parcels of Taxable Property are delinquent;
(c) the total amount of Special Taxes due on the delinquent parcels; (d) the length of time that each such parcel of Taxable Property has been delinquent;
(e) whether and when foreclosure proceedings were commenced with respect to each such parcel of Taxable Property;
(f) the total number of parcels with respect to which foreclosure proceedings are pending; and
(g) the total amount of tax due on the foreclosure parcels for each date specified;
(11) the assessed value of all parcels of Taxable Property as shown on the last equalized assessment roll of Madera County;
(12) the total amount of Special Taxes levied in the prior Fiscal Year, the total amount of unpaid Special Taxes for that Fiscal Year, and whether the Special Taxes are paid to the City pursuant to the Teeter Plan; (13) if applicable, the reason and the date that the issue was retired; and (14) contact information for the City officer providing the information. (C) Extraordinary Reports to CDIAC. If the City knows that either of the events identified in Section 10.14(B) (Notice to CDIAC) has occurred and by the fifteenth day after such occurrence has not received a copy of the notice required of the Fiscal Agent in such event, then 4913-0646-9277 39 Fiscal Agent Agreement
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the City shall mail, postage prepaid, a notice of the occurrence to CDIAC as soon as possible thereafter.
(D) No Liability to Owners. The City shall not be liable to any Owners for failure to deliver any of the reports or notices required by this Section or for any error in the information contained in any such report or notice.

Section 8.13 Continuing Disclosure. The City will comply with and carry out all of the provisions of its Continuing Disclosure Certificate, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Notwithstanding any other provision hereof, neither failure of the City to comply with its Continuing Disclosure Certificate nor failure of a property owner to comply with its continuing disclosure undertaking shall be considered a default hereunder; provided that any Owner may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section.

Section 8.14 Further Assurances. The City will adopt, make, execute and deliver any and all such resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Fiscal Agent Agreement and for the better assuring and confirming unto the Owners of the Bonds of the rights and benefits provided in this Fiscal Agent Agreement.

ARTICLE IX

EVENTS OF DEFAULT AND REMEDIES OF BONDHOLDERS
Section 9.1 Events of Default. The following events shall be Events of Default:
(A) Principal Payment Default. default in the due and punctual payment of the principal or Redemption Price of any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption, by declaration or otherwise, or default in the redemption from any Sinking Account of any Bonds in the amounts and at the times provided therefor;
(B) Interest Payment Default. default in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; and
(C) Other Covenant Default. if the City shall fail to observe or perform any covenant, condition, agreement or provision in this Fiscal Agent Agreement on its part to be observed or performed, other than as referred to in subsection (A) or (B) of this Section, for a period of sixty (60) days after written notice, specifying such failure and requesting that it be remedied, has been given to the City; except that, if such failure can be remedied but not within such sixty (60) day period and if the City has taken all action reasonably possible to remedy such failure within such sixty (60) day period, such failure shall not become an Event of Default for so long as the City shall diligently proceed to remedy same.

Section 9.2 Remedies of Bondholders. Upon the occurrence and continuance of an Event of Default, any Owner shall have the right for the equal benefit and protection of all Owners 4913-0646-9277 40 Fiscal Agent Agreement
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similarly situated: (a) by mandamus or other action, suit, or proceeding at law or in equity to enforce the Owners’ rights against the City Council or the City or any of the officers or employees of the City, and to compel the City Council or the City or any such officers or employees to perform and carry out their duties under the Act and the agreements and covenants with the Owners contained herein; (b) by suit in equity to enjoin any acts or things that are unlawful or violate the rights of the Owners; or (c) by suit in equity upon the nonpayment of the Bonds to require the City Council or the City or its officers and employees to account as the trustee of an express trust.

Section 9.3 Application of Money Collected. If an Event of Default shall occur and be continuing, the Fiscal Agent shall apply all funds then held or thereafter received by the Fiscal Agent under any of the provisions of this Fiscal Agent Agreement (except as otherwise provided in this Fiscal Agent Agreement) as follows and in the following order:

First: To the payment of reasonable fees and expenses of the Fiscal Agent (including reasonable fees and disbursements of its counsel and other agents) incurred in and about the performance of its duties under this Fiscal Agent Agreement; Second: To the payment of the persons entitled thereto of all installments of interest then due in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon to the persons entitled thereto, without any discrimination or preference; and Third: To the payment of the persons entitled thereto of the unpaid principal of any Bonds that shall have become due, whether at maturity or by call for redemption, in the order of their due dates, with interest on the overdue principal at the rate borne by the respective Bonds, and, if the amount available shall not be sufficient to pay in full all the Bonds due on any date, together with such interest, then to the payment thereof ratably, according to the amounts of principal due on such date to the persons entitled thereto, without any discrimination or preference.

Section 9.4 Restoration of Positions. In case any proceedings taken by any one or more Bondholders on account of any Event of Default shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Bondholders, then in every such case the City and the Bondholders, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, and all rights, remedies, powers, and duties of the City and the Bondholders shall continue as though no such proceedings had been taken.

Section 9.5 Rights and Remedies Cumulative. No right or remedy herein conferred upon or reserved to the Owners of the Bonds is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. 4913-0646-9277 41 Fiscal Agent Agreement
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Section 9.6 Delay or Omission Not Waiver. No delay or omission of any Owner of the Bonds to exercise any right or remedy accruing upon an Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein.

Every right and remedy given by this Fiscal Agent Agreement or by law to the Owners of the Bonds may be exercised from time to time, and as often as may be deemed expedient, by the Owners.

ARTICLE X

THE FISCAL AGENT
Section 10.1 Appointment of Fiscal Agent. U.S. Bank Trust Company, National Association is hereby appointed as Fiscal Agent, paying agent, bond registrar, and authenticating agent for the Bonds under this Fiscal Agent Agreement and hereby accepts the duties imposed upon it as Fiscal Agent hereunder and to perform all the functions and duties of the Fiscal Agent hereunder, subject to the terms and conditions set forth in this Fiscal Agent Agreement.

Section 10.2 Certain Duties and Responsibilities.
(A) Duties Limited to Those Specified. The Fiscal Agent undertakes to perform such duties and only such duties as are specifically set forth in this Fiscal Agent Agreement and no implied covenants shall be read into this Fiscal Agent Agreement against the Fiscal Agent. (B) Reliance on Documents. In the absence of bad faith on its part the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Fiscal Agent Agreement; but in the case of any such certificates or opinions that by any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of the Fiscal Agent Agreement. (C) Immunities of Fiscal Agent. No provision of this Fiscal Agent Agreement shall be construed to relieve the Fiscal Agent from liability for its own negligent action, its own negligent failure to act, or its own willful misconduct, except that (1) this Subsection shall not be construed to limit the effect of Subsection A of this Section;
(2) the Fiscal Agent shall not be liable for any error of judgment made in good faith by a responsible officer, unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts; and
(3) no provision of this Fiscal Agent Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers.
(D) Immunities Applicable to All Provisions of Fiscal Agent Agreement.

Whether or not therein expressly so provided, every provision of this Fiscal Agent Agreement 4913-0646-9277 42 Fiscal Agent Agreement
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relating to the conduct or affecting the liability of or affording protection to the Fiscal Agent shall be subject to the provisions of this Article 10 (The Fiscal Agent).

Section 10.3 Notice of Defaults. The Fiscal Agent shall not be deemed to have knowledge of any default or Event of Default hereunder unless and until it shall have actual knowledge thereof, or shall have received written notice thereof, at its Corporate Trust Office.

Within 90 days after the Fiscal Agent has actual knowledge of the occurrence of any default or Event of Default hereunder, the Fiscal Agent shall transmit to all Owners of Bonds as their names and addresses appear on the Bond Register notice of such default hereunder known to the Fiscal Agent, unless such default shall have been cured or waived. For purposes of this Section, the term “default” means any event that is, or after notice or lapse of time or both would become, and Event of Default.

Section 10.4 Certain Rights of Fiscal Agent; Liability of Fiscal Agent. Except as otherwise provided in Section 10.2 (Certain Duties and Responsibilities):
(A) Reliance on Documents Believed Genuine. the Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any requisition, certificate, statement, instrument, opinion, report, notice, request, consent, order, bond, note, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties; (B) Documentation of City’s Directions. any request or direction of the City mentioned herein shall be sufficiently evidenced by a Certificate, Statement, Request, Requisition, or Order of the City;
(C) Reliance on City Certificate. whenever in the fulfillment of the obligations imposed upon it by this Fiscal Agent Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking, suffering, or omitting any action hereunder, the Fiscal Agent (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of bad faith on its part, rely upon a Certificate of the City, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable; (D) Reliance on Advice of Counsel. the Fiscal Agent may consult with counsel, including, without limitation, counsel of or to the City, and the written advice of such counsel or any Opinion of Counsel shall be full and complete authorization and protection in respect of any action taken, suffered, or omitted by the Fiscal Agent hereunder in good faith and in reliance thereon;
(E) Investigation of Factual Matters. the Fiscal Agent shall not be bound to make any investigation into the facts or matters stated in any requisition, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, coupon or other paper or document, but the Fiscal Agent, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit, and, if the Fiscal Agent shall determine to make such further inquiry or investigation, it shall be entitled to examine the books, records and premises of the City, personally or by agent or attorney. 4913-0646-9277 43 Fiscal Agent Agreement
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(F) Performance of Duties by Agents. the Fiscal Agent may perform the duties required of it hereunder by or through attorneys, agents, or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duty hereunder, but the Fiscal Agent shall be answerable for the negligence or misconduct of any such attorney-in-fact, agent, or receiver selected by it; provided that the Fiscal Agent shall not be answerable for the negligence or misconduct of any attorney-in-law or certified public accountant selected by it with due care.

Section 10.5 Fiscal Agent Not Responsible for Recitals or Issuance of Bonds or Application of Proceeds.
(A) Fiscal Agent Makes No Representations. The recitals of facts herein and in the Bonds contained shall be taken as statements of the City, and the Fiscal Agent assumes no responsibility for the correctness of the same (other than the certificate of authentication of the Fiscal Agent on each Bond). The Fiscal Agent makes no representations as to the validity or sufficiency of this Fiscal Agent Agreement or of the Bonds, as to the sufficiency of the Special Taxes or the priority of the lien of this Fiscal Agent Agreement thereon, or as to the financial or technical feasibility of any project financed by the Bonds and shall not incur any responsibility in respect of any such matter, other than in connection with the duties or obligations expressly herein or in the Bonds assigned to or imposed upon it. The Fiscal Agent makes no representations with respect to any information, statement, or recital in, and shall have no liability with respect to, any official statement, offering memorandum or any other disclosure material prepared or distributed with respect to the Bonds.
(B) Fiscal Agent Not Responsible for Application of Certain Moneys. The Fiscal Agent shall not be responsible for:
(1) the application or handling by the City of any Special Taxes or other moneys transferred to or pursuant to any Requisition or Request of the City in accordance with the terms and conditions hereof;
(2) the application and handling by the City of the Community Facilities Fund or any other fund or account designated to be held by the City hereunder; (3) any error or omission by the City in making any computation or giving any instruction pursuant to Section 8.10 (Federal Income Tax Covenants) hereof and may rely conclusively on any computations or instructions furnished to it by the City in connection with the requirements of Section 8. 10 (Federal Income Tax Covenants) and the Tax Certificate;
(4) the construction, operation, or maintenance of any Facilities by the City.

Section 10.6 Fiscal Agent May Hold Bonds. The Fiscal Agent and its directors, officers, employees or agents may in good faith buy, sell, own, hold, and deal in any of the Bonds and may join in any action that any Owner of a Bond may be entitled to take, with like effect as if the Fiscal Agent were not the Fiscal Agent under this Fiscal Agent Agreement. The Fiscal Agent may in good faith hold any other form of indebtedness of the City, own, accept or negotiate any 4913-0646-9277 44 Fiscal Agent Agreement
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drafts, bills of exchange, acceptances or obligations of the City and make disbursements for the City and enter into any commercial or business arrangement therewith, without limitation.

Section 10.7 Compensation and Indemnification of Fiscal Agent. The City agrees:
(A) Compensation. to pay to the Fiscal Agent from time to time reasonable compensation for all services rendered by it hereunder and, except as otherwise expressly provided herein, to reimburse the Fiscal Agent upon its request for all reasonable expenses, disbursements, and advances incurred or made by the Fiscal Agent in accordance with any provision of this Fiscal Agent Agreement, all in accordance with the terms of the written agreement between the City and the Fiscal Agent;
(B) Reimbursement. except as otherwise expressly provided herein, to reimburse the Fiscal Agent upon its request for all reasonable expenses, disbursements, and advances incurred or made by the Fiscal Agent in accordance with any provision of this Fiscal Agent Agreement (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement, or advance as be attributable to the Fiscal Agent’s negligence or bad faith; and
(C) Indemnification. to indemnify the Fiscal Agent for, and to hold it harmless from and against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with the acceptance or administration of the trusts created hereby, including the costs and expenses (including attorneys’ fees) of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties hereunder.

The rights of the Fiscal Agent and the obligations of the City under this Section 10.7 (Compensation and Indemnification of Fiscal Agent) shall survive the discharge of the Bonds and this Fiscal Agent Agreement.

Section 10.8 Fiscal Agent Required; Eligibility. There shall at all times be a Fiscal Agent hereunder, which shall be a trust company or bank authorized to exercise trust powers or having the powers of a trust company having a corporate trust office in the State, having a combined capital and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority, then for the purpose of this Section the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Fiscal Agent shall cease to be eligible in accordance with the provisions of this Section, the Fiscal Agent shall resign immediately in the manner and with the effect specified in this Article.

Section 10.9 Removal and Resignation; Appointment of Successor. (A) Effectiveness of Resignation or Removal. No removal or resignation of the Fiscal Agent and appointment of a successor Fiscal Agent pursuant to this Article shall become effective until the acceptance of appointment by the successor Fiscal Agent under Section 10.10 (Acceptance of Appointment by Successor).
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(B) Fiscal Agent’s Right to Resign. The Fiscal Agent may resign at any time by giving written notice of such resignation to the City and by giving the Bondholders notice of such resignation by mail at the addresses shown on the Bond Register. If an instrument of acceptance by a successor Fiscal Agent shall not have been delivered to the Fiscal Agent within thirty (30) days after the giving of such notice of resignation, the resigning Fiscal Agent may petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Fiscal Agent.
(C) City’s Right to Remove Fiscal Agent. The City may remove the Fiscal Agent at any time, unless an Event of Default shall have occurred and then be continuing, by giving 30 days written notice of such removal to the Fiscal Agent. (D) Removal of Fiscal Agent at Request of Owners. The City shall remove the Fiscal Agent if at any time requested to do so by an instrument or concurrent instruments in writing signed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing), by giving 30 days written notice of such removal to the Fiscal Agent.
(E) Mandatory Removal of Fiscal Agent. The City shall remove the Fiscal Agent if at any time
(1) the Fiscal Agent shall cease to be eligible in accordance with Section 10.8 (Fiscal Agent Required; Eligibility) and shall fail to resign after written request therefor by the City, or
(2) the Fiscal Agent shall become incapable of acting or shall be adjudged a bankrupt or insolvent or a receiver of the Fiscal Agent or of its property shall be appointed or any public officer shall take control or charge of the Fiscal Agent or of its property or affairs for the purpose of rehabilitation, conservation, or liquidation, in each case by giving 30 days written notice of such removal to the Fiscal Agent. (F) Appointment of Successor. If the Fiscal Agent shall resign, be removed, or become incapable of acting, or if a vacancy shall occur in the office of Fiscal Agent for any cause, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. If no successor Fiscal Agent shall have been so appointed by the City and accepted appointment in the manner hereinafter provided within thirty (30) days after such resignation, removal, or incapability or the occurrence of such vacancy, the Bondholders may, by an instrument or instruments signed by the Holders of a majority in principal amount of the Bonds, appoint a successor Fiscal Agent, or any Bondholder (on behalf of himself and all other Bondholders) may petition any court of competent jurisdiction for the appointment of a successor Fiscal Agent, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Fiscal Agent. (G) Notice of Removal or Resignation. The City shall give notice of each resignation and each removal of the Fiscal Agent and each appointment of a successor Fiscal Agent by mailing written notice of such event by first-class mail, postage prepaid, to the Owners as their 4913-0646-9277 46 Fiscal Agent Agreement
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Special Tax Bonds (Replacement of CFD No. 2006-1)
names and addresses appear in the Bond Register. Each notice shall include the name of the successor Fiscal Agent and the address of its principal corporate trust office. If the City fails to mail such notice within fifteen (15) days after acceptance of appointment by the successor Fiscal Agent, the successor Fiscal Agent shall cause such notice to be mailed at the expense of the City.

Section 10.10 Acceptance of Appointment by Successor. Any successor Fiscal Agent appointed under this Fiscal Agent Agreement shall execute and deliver to the City and to its predecessor Fiscal Agent an instrument accepting such appointment, and thereupon such successor Fiscal Agent, without any further act, deed, or conveyance, shall become vested with all the moneys, rights, and duties of the predecessor Fiscal Agent; but, at the Request of the City or the request of the successor Fiscal Agent, the predecessor Fiscal Agent shall, upon payment of its charges, execute and deliver an instrument conveying and transferring to the successor Fiscal Agent all the right, title, and interest of such predecessor Fiscal Agent in and to any property held by it under this Fiscal Agent Agreement and shall duly assign, transfer, and deliver to the successor Fiscal Agent all property and money held by the predecessor Fiscal Agent hereunder. Upon request of any successor Fiscal Agent, the City shall execute and deliver any and all instruments as may be reasonably required for more fully and certainly vesting in and confirming to such successor Fiscal Agent all such moneys, properties, rights, and duties.

Section 10.11 Merger or Consolidation. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion, or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under Section 10.8 (Fiscal Agent Required; Eligibility), shall be the successor to such Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. In case any Bonds shall have been authenticated, but not delivered, by the Fiscal Agent then in office, any successor by merger, conversion, or consolidation to such authenticating Fiscal Agent may adopt such authentication and deliver the Bonds so authenticated with the same effect as if such successor Fiscal Agent had itself authenticated such Bonds.

Section 10.12 Preservation and Inspection of Documents. All documents received by the Fiscal Agent under the provisions of this Fiscal Agent Agreement shall be retained in its possession, in accordance with its record retention policies, and shall be subject at all reasonable times to the inspection of the City and any Owner, and their agents and representatives duly authorized in writing, at reasonable times and under reasonable conditions upon reasonable notice.

Section 10.13 Accounting Records. The Fiscal Agent will at all times keep, or cause to be kept, proper books of record and account, prepared in accordance with corporate trust industry standards, in which accurate entries shall be made of all transactions of the Fiscal Agent relating to the Special Taxes. Such books of record and account shall be available for inspection by the City at reasonable hours and under reasonable circumstances upon reasonable notice.

Section 10.14 Reports to CDIAC.
4913-0646-9277 47 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
(A) Information to City. On or before October 1 in each year, the Fiscal Agent shall provide to the City the amount of funds available in the Bond Reserve Fund and any Capitalized Interest Account.
(B) Notice to CDIAC. Not later than ten days following the occurrence of either of the following events:
(1) an Event of Default under Section 9.1(A) (Events of Default - Principal Default) or 9.1(B) (Events of Default - Interest Default), and (2) withdrawal of amounts from the Bond Reserve Fund to make up a deficiency in the Interest Fund or the Principal Fund,
the City shall mail, postage prepaid, a notice of such occurrence to CDIAC. (C) No Liability to Owners. The Fiscal Agent shall not be liable to any Owner for failure to deliver the notice required by subsection (B) of this Section or for any error in the information delivered to the City pursuant to subsection (A) of this Section.

ARTICLE XI

MODIFICATION OR AMENDMENT OF THIS FISCAL AGENT AGREEMENT Section 11.1 Supplemental Fiscal Agent Agreements Without Consent of Bondholders. This Fiscal Agent Agreement and the rights and obligations of the City, of the Fiscal Agent, and of the Owners of the Bonds may be modified or amended from time to time and at any time by a Supplemental Fiscal Agent Agreement, which the City may adopt without the consent of any Bondholders but only to the extent permitted by law and only for any one or more of the following purposes:
(A) Additional Security. to add to the covenants and agreements of the City contained in this Fiscal Agent Agreement other covenants and agreements thereafter to be observed, to pledge or assign additional security for the Bonds (or any portion thereof), or to surrender any right or power herein reserved to or conferred upon the City; (B) Curative Provisions. to make such provisions for the purpose of curing any ambiguity, inconsistency or omission, or of curing or correcting any defective provision, contained in this Fiscal Agent Agreement, or in regard to matters or questions arising under this Fiscal Agent Agreement, as the City may deem necessary or desirable, and that shall not materially and adversely affect the interests of the Owners of the Bonds; (C) Trust Indenture Act Qualification. to modify, amend, or supplement this Fiscal Agent Agreement in such manner as to permit the qualification hereof under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect, and to add such other terms, conditions, and provisions as may be permitted by said act or similar federal statute, and that shall not materially and adversely affect the interests of the Owners of the Bonds; 4913-0646-9277 48 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
(D) Additional Series. to create any Series of Bonds (other than the Bonds) and make such other provisions as provided in Article 4 (Issuance and Delivery of Additional Series of Bonds);
(E) Book-Entry System. to provide for the issuance of Bonds in book-entry form, provided that no such provision shall materially and adversely affect the interests of the Owners of the Bonds;
(F) Notice of Redemption. to modify or add to the procedures providing for the notice in the event of redemption of the Bonds in order to comply with regulations promulgated by the United States Securities and Exchange Commission; (G) Credit Enhancements. to make modifications or adjustments necessary, appropriate, or desirable to accommodate credit enhancements including letters of credit, insurance policies, and surety bonds;
(H) Preservation of Tax Exemption. if the City agrees in a Supplemental Fiscal Agent Agreement to maintain the exclusion of interest on a Series of Bonds from gross income for purposes of federal income taxation, to make such provisions as are necessary or appropriate to ensure such exclusion; and
(I) No Material Effect. for any other purpose that does not materially and adversely affect the interests of the Owners of the Bonds.

Section 11.2 Supplemental Fiscal Agent Agreements with Consent of Bondholders or Credit Providers.
(A) Majority Consent. This Fiscal Agent Agreement and the rights and obligations of the City, the Owners of the Bonds, and the Fiscal Agent may be modified or amended from time to time and at any time by a Supplemental Fiscal Agent Agreement, which the City and the Fiscal Agent may enter into with the written consent of the Owners of a majority in aggregate principal amount of the Bonds (or, if such Supplemental Fiscal Agent Agreement is only applicable to a Series of Bonds, such Series of Bonds) then Outstanding shall have been filed with the Fiscal Agent; provided that, if such modification or amendment will, by its terms, not take effect so long as any Bonds of any particular maturity remain Outstanding, the consent of the Owners of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of Bonds Outstanding under this Section. (B) Credit Provider Consent. This Fiscal Agent Agreement and the rights and obligations of the City and of the Owners of the Bonds and of the Fiscal Agent may also be modified or amended at any time by a Supplemental Fiscal Agent Agreement entered into by the City and the Fiscal Agent, which shall become binding when the written consents of each provider of a letter of credit or a policy of bond insurance for the Bonds shall have been filed with the Fiscal Agent, provided that at such time the payment of all the principal of and interest on all Outstanding Bonds shall be insured by a policy or policies of municipal bond insurance or payable under a letter of credit the provider of which shall be a financial institution or association having unsecured debt obligations rated, or insuring or securing other debt obligations rated on the basis of such 4913-0646-9277 49 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
insurance or letters of credit, in one of the two highest Rating Categories of Moody’s or Standard & Poor’s.
(C) Limitations on Amendments. No such modification or amendment shall (1) extend the fixed maturity of any Bond, or reduce the amount of principal thereof, or extend the time of payment or reduce the amount of any Mandatory Sinking Account Payment provided for the payment of any Bond, or reduce the rate of interest thereon, or extend the time of payment of interest thereon, or reduce any premium payable upon the redemption thereof, without the consent of the Owner of each Bond so affected, or (2) reduce the aforesaid percentage of Bonds the consent of the Owners of which is required to effect any such modification or amendment, or permit the creation of any lien on the Special Taxes and other assets pledged under this Fiscal Agent Agreement prior to or on a parity with the lien created by this Fiscal Agent Agreement, or deprive the Owners of the Bonds of the lien created by this Fiscal Agent Agreement on such Special Taxes and other assets (in each case, except as expressly provided in this Fiscal Agent Agreement), without the consent of the Owners of all of the Bonds then Outstanding. (D) Manner of Consent. It shall not be necessary for the consent of the Bondholders to approve the particular form of any Supplemental Fiscal Agent Agreement, but it shall be sufficient if such consent shall approve the substance thereof. (E) Notice of Amendments. Promptly after the execution and delivery by the Fiscal Agent and the City of any Supplemental Fiscal Agent Agreement pursuant to this Section, the Fiscal Agent shall mail a notice, setting forth in general terms the substance of such Supplemental Fiscal Agent Agreement or attaching a copy thereof, to the Owners of the Bonds at the addresses shown on the Bond Register. Any failure to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Fiscal Agent Agreement.

Section 11.3 Execution of Supplemental Fiscal Agent Agreements. In executing, or accepting the additional duties created by, any Supplemental Fiscal Agent Agreement permitted by this Article or the modification thereby of the duties created by this Fiscal Agent Agreement, the Fiscal Agent shall be entitled to receive, and, subject to Section 10.2 (Certain Duties and Responsibilities), shall be fully protected in relying upon, an Opinion of Counsel stating that the execution of such Supplemental Fiscal Agent Agreement is authorized or permitted by this Fiscal Agent Agreement. The Fiscal Agent may, but shall not be obligated to enter into any such Supplemental Fiscal Agent Agreement that affects the Fiscal Agent’s own rights, duties, or immunities under this Fiscal Agent Agreement or otherwise.

Section 11.4 Effect of Supplemental Fiscal Agent Agreement. From and after the time any Supplemental Fiscal Agent Agreement becomes effective pursuant to this Article, this Fiscal Agent Agreement shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties, and obligations under this Fiscal Agent Agreement of the City, the Fiscal Agent, and all Owners of Bonds Outstanding shall thereafter be determined, exercised, and enforced hereunder subject in all respects to such modification and amendment, and all the terms and conditions of any such Supplemental Fiscal Agent Agreement shall be deemed to be part of the terms and conditions of this Fiscal Agent Agreement for any and all purposes. 4913-0646-9277 50 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD No. 2006-1)
Section 11.5 Endorsement of Bonds; Preparation of New Bonds. Bonds delivered after any Supplemental Fiscal Agent Agreement becomes effective pursuant to this Article may, and if the Fiscal Agent so determines shall, bear a notation by endorsement or otherwise in form approved by the City and the Fiscal Agent as to any modification or amendment provided for in such Supplemental Fiscal Agent Agreement, and, in that case, upon demand of the Owner of any Bond Outstanding at the time of such execution and presentation of his Bond for such purpose at the Corporate Trust Office or at such additional offices as the Fiscal Agent may select and designate for that purpose, a suitable notation shall be made on such Bond. If the Supplemental Fiscal Agent Agreement shall so provide, new Bonds so modified as to conform, in the opinion of the City and the Fiscal Agent, to any modification or amendment contained in such Supplemental Fiscal Agent Agreement, shall be prepared and executed by the City and authenticated by the Fiscal Agent and, upon demand of the Owners of any Bonds then Outstanding and upon surrender for cancellation of such Bonds, shall be exchanged at the Corporate Trust Office, without cost to any Bondholder, for Bonds then Outstanding in equal aggregate principal amounts of the same Series, tenor, and maturity.

Section 11.6 Amendment of Particular Bonds. The provisions of this Article shall not prevent any Bondholder from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. 4913-0646-9277 S-1 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)
IN WITNESS WHEREOF, the parties hereto have executed this Fiscal Agent Agreement by their officers thereunto duly authorized as of the day and year first written above.

U.S. BANK TRUST COMPANY,

NATIONAL ASSOCIATION,
as Fiscal Agent
By:

Authorized Officer

CITY OF CHOWCHILLA
By:

Rod Pruett, City Administrator
4913-0646-9277 A-1 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)

EXHIBIT A
FORM OF SERIES 2026 BOND

REGISTERED REGISTERED
No. R-__ $___________

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-2

SPECIAL TAX BONDS
(Replacement of CFD 2006-1)
Maturity Date Interest Rate Dated CUSIP No.

September 1, 20__ _____% [closing date]
REGISTERED OWNER: CEDE & CO.

PRINCIPAL SUM: _____________________________________________________ DOLLARS The City of Chowchilla, a municipal corporation duly organized and existing under and pursuant to the Constitution and laws of the State of California (the “City”), for value received, hereby promises to pay (but only out of the Special Taxes hereinafter referred to) to the registered owner named above or registered assigns, on the maturity date specified above, the principal sum specified above together with interest thereon from the date hereof until the principal hereof shall have been paid, at the interest rate per annum specified above, payable on March 1, 20___, and semiannually thereafter on March 1 and September 1 in each year. Interest hereon is payable in lawful money of the United States of America by check mailed on each interest payment date or, upon the written request of any Owner of $1,000,000 or more in aggregate principal amount of Bonds who has provided the Fiscal Agent with wire transfer instructions, by wire transfer on each interest payment date to the registered owner as of the close of business on the 15th day of the calendar month immediately preceding such interest payment date. The principal hereof and premium, if any, hereon are payable at the corporate trust office of U.S. Bank Trust Company, National Association, as fiscal agent (together with any successor as fiscal agent under the hereinafter mentioned Fiscal Agent Agreement, the “Fiscal Agent”), in Los Angeles, California, in lawful money of the United States of America.

This bond is one of a duly authorized issue of City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1) (the “Bonds”), limited in aggregate principal amount to $______________, except for refunding bonds, which issue consists or may consist of one or more series of varying denominations, dates, maturities, interest rates and other provisions, as provided in the Fiscal Agent Agreement (as defined below), all issued and to be issued pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (Sections 53311 et seq. of the Government Code of the State of California, as amended) (the “Law”) and pursuant to a fiscal agent agreement dated July 1, 2026, between the Fiscal Agent and the City 4913-0646-9277 A-2 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)
(said fiscal agent agreement, as amended and supplemented from time to time, the “Fiscal Agent Agreement”). This Bond is also one of a duly authorized series of Bonds additionally designated “Special Tax Bonds (Replacement of CFD 2006-1)” issued in the aggregate principal amount of $[PRINCIPAL AMOUNT].

Reference is hereby made to the Fiscal Agent Agreement and to the Act for a description of the terms on which the Bonds are issued and to be issued, the provisions with regard to the nature and extent of the Special Taxes (as that term is defined in the Fiscal Agent Agreement), and the rights of the registered owners of the Bonds. All the terms of the Fiscal Agent Agreement and the Act are hereby incorporated herein and constitute a contract between the City and the registered owner from time to time of this Bond. The registered owner of this Bond, by its acceptance hereof, consents and agrees to all the provisions of the Fiscal Agent Agreement. Additional Bonds may be issued on a parity with the Bonds of this authorized issue, but only subject to the conditions and limitations contained in the Fiscal Agent Agreement.

The Bonds and the interest thereon (to the extent set forth in the Fiscal Agent Agreement) are payable from, and are secured by a charge and lien on, the proceeds derived by the City from the special taxes imposed pursuant to the Act within the City’s Community Facilities District No. 2025-2 (as more particularly defined in the Fiscal Agent Agreement, the “Special Taxes”). All of the Bonds are equally secured by a pledge of, and charge and lien upon, all of the Special Taxes.

The Special Taxes constitute a trust fund for the security and payment of the interest on and principal of the Bonds; but nevertheless out of Special Taxes certain amounts may be applied for other purposes as provided in the Fiscal Agent Agreement.

The Bonds are limited obligations of the City and are payable, both as to principal and interest, and as to any premiums upon the redemption thereof, out of the Special Taxes and certain funds held by the Fiscal Agent under the Fiscal Agent Agreement. The general fund of the City is not liable, and the credit or taxing power (other than as described above) of the City is not pledged, for the payment of the Bonds or their interest. The Bonds are not secured by a legal or equitable pledge of, or charge, lien or encumbrance upon, any of the property of the City or any of its income or receipts, except the Special Taxes. No registered owner of this Bond shall ever have the right to compel any exercise of the taxing power (other than as described above) of the City to pay this Bond or the interest hereon.
[REDEMPTION LANGUAGE TO BE INSERTED: MANDATORY FROM
PREPAYMENTS; MANDATORY SINKING FUND]
This Bond is transferable or exchangeable for other authorized denominations by the registered owner hereof, in person or by its attorney duly authorized in writing, at the corporate trust office of the Fiscal Agent in Los Angeles, California, but only in the manner, subject to the limitations and upon payment of the charges provided in the Fiscal Agent Agreement, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond or Bonds without coupons, of authorized denomination or denominations, of the same series, tenor, and maturity for the same aggregate principal amount will be issued to the transferee in exchange herefor.
4913-0646-9277 A-3 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)
Unless this Bond is presented by an authorized representative of The Depository Trust Company to the Fiscal Agent for registration of transfer, exchange or payment, and any Bond issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY

TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein.

The City, the Fiscal Agent and any paying agent may deem and treat the registered owner hereof as the absolute owner hereof for all purposes, and the City, the Fiscal Agent and any paying agent shall not be affected by any notice to the contrary.

The rights and obligations of the City and of the registered owners of the Bonds may be modified amended at any time in the manner, to the extent, and upon terms provided in the Fiscal Agent Agreement, which provide, in certain circumstances, for modifications and amendments without the consent of or notice to the registered owners of Bonds.

The City hereby certifies and recites that any and all acts, conditions, and things required to exist, to happen, and to be performed, precedent to and in the incurring of the indebtedness evidenced by this Bond, and in the issuing of this Bond, do exist, have happened, and have been performed in due time, form and manner, as required by the Constitution and statutes of the State of California, and that this Bond, together with all other indebtedness of the City pertaining to the Special Taxes, is within every debt and other limit prescribed by the Constitution and the statutes of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Fiscal Agent Agreement or the Act.

This Bond shall not be entitled to any benefit under the Fiscal Agent Agreement, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Fiscal Agent.

IN WITNESS WHEREOF, the City of Chowchilla has caused this Bond to be executed in its name and on its behalf by its Mayor and countersigned by its City Clerk, all as of the date stated above.

CITY OF CHOWCHILLA
By:

Mayor Kelly Smith
Countersigned:

Joann McClendon, CMC, City Clerk
4913-0646-9277 A-4 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)

CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the within-mentioned Fiscal Agent Agreement, which has been authenticated and registered on the date indicated below.

Dated: [closing date] U.S. BANK TRUST COMPANY,

NATIONAL ASSOCIATION,
as Fiscal Agent
By:

Authorized Officer

ASSIGNMENT
For value received the undersigned do(es) hereby sell, assign and transfer unto ____________________________________________________ the within Bond and do(es) hereby irrevocably constitute and appoint ______________________________________ attorney, to transfer the same on the bond register of the Fiscal Agent, with full power of substitution in the premises.

Dated:

Note: The signature(s) to this Assignment must correspond with the name(s) on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever.

Signature(s) Guaranteed by:

Note: Signature must be guaranteed by an eligible guarantor institution (banks, securities brokers, savings associations, credit unions, or other institutions with membership in an approved signature guarantee medallion program) pursuant to Securities and Exchange Commission Rule 17A(d)15.

Social Security Number, Tax Identification
Number, or other identifying number of
Assignee:
4913-0646-9277 A-5 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)
[Bond Counsel Opinion]
4913-0646-9277 B-1 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)

EXHIBIT B

FORM OF COSTS OF ISSUANCE REQUISITION

REQUISITION TO THE FISCAL AGENT

TO DISBURSE FUNDS FROM THE COSTS OF ISSUANCE FUND
REQUISITION NO. ___
The City of Chowchilla (the “City”) hereby requests U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”), under the Fiscal Agent Agreement dated July 1, 2026, between the City and the Fiscal Agent, to pay from the Costs of Issuance Fund established under Section 3.4 of the Fiscal Agent Agreement, the amounts to the parties as set forth on the attached list.

The City hereby certifies that obligations in the amounts stated in Attachment 1 attached hereto have been incurred by the City and are presently due and payable and that each item is a proper charge against the Costs of Issuance Fund and has not been previously paid from that fund.

All payments shall be made by check or wire transfer in accordance with the payment instructions set forth in the attached invoices and the Fiscal Agent shall rely on such payment instructions with no duty to investigate or inquire as to the authenticity of the invoice or the payment instructions contained therein.

Attached hereto are invoices for each payment requested.

Dated: _______________ CITY OF CHOWCHILLA
By:

Rod Pruett, City Administrator
4913-0646-9277 B-2 Fiscal Agent Agreement
City of Chowchilla CFD No. 2025-2
Special Tax Bonds (Replacement of CFD 2006-1)
ATTACHMENT 1
[Please see attached invoices for delivery and/or wire instructions] Item Payee Amount Purpose

1. 2.

3. 4.

5. 6.

7. Total
1 $___________

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-2

SPECIAL TAX BONDS
(Replacement of CFD 2006-1)

BOND PURCHASE AGREEMENT
[BPA Date]
City of Chowchilla
Community Facilities District No. 2025-2
130 South Second Street
Chowchilla, California 93610
Ladies and Gentlemen:

The undersigned, Oppenheimer & Co. Inc., as underwriter (the “Underwriter”), acting not as a fiduciary or agent for you, but on behalf of itself, offers to enter into this Bond Purchase Agreement (this “Purchase Agreement”) with the City of Chowchilla (the “City”) for its Community Facilities District No. 2025-2 (the “Community Facilities District”), which upon acceptance will be binding upon the Underwriter and the City. The agreement of the Underwriter to purchase the Bonds (as hereinafter defined) is contingent upon the City satisfying all of the obligations imposed upon it under this Purchase Agreement. This offer is made subject to the City’s acceptance by the execution of this Purchase Agreement and its delivery to the Underwriter at or before 11:59 p.m., California time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the City at any time prior to the acceptance hereof by the City. All capitalized terms used herein, which are not otherwise defined, shall have the meaning provided for such terms in the Fiscal Agent Agreement, dated as of June 1, 2026 (the “Fiscal Agent Agreement”) by and between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”).

1. Purchase, Sale and Delivery of the Bonds.

A. Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein: the Underwriter hereby agrees to purchase from the City and the City hereby agrees to sell to the Underwriter all (but not less than all) of the $___________ aggregate principal amount of the City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1) (the “Bonds”), dated the Closing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts set forth in Appendix A hereto. The purchase price for the Bonds shall be $_______ (being 100% of the aggregate principal amount thereof, plus an original issue premium of $______, less an Underwriter’s discount of $_______).

The Underwriter agrees to make a bona fide initial public offering of all of the Bonds in compliance with federal and state securities laws, at a price not in excess of the initial offering prices (or yields) set forth in Appendix A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the offering of the Bonds, without any requirement of prior notice, provided that the Underwriter shall not change the interest rates set forth 2 in Appendix A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices.

The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Special Taxes and certain other amounts as provided in the Fiscal Agent Agreement, the Preliminary Official Statement (as hereinafter defined), and the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Community Facilities District Act”).

The Bonds shall be subject to redemption as set forth in the Fiscal Agent Agreement. The issuance of the Bonds has been duly authorized by the City pursuant to a resolution (the “Resolution”), adopted by its City Council (the “City Council”) on behalf of the Community Facilities District, on ________, 2026. The proceeds of the Bonds shall be used to (i) defease and redeem the City of Chowchilla Community Facilities District No. 2006-1 Improvement Area 1, Special Tax Bonds, Series 2007 (the “Prior Bonds”); (ii) provide for a deposit into the debt service reserve fund for the Bonds; and (iii) pay the costs of issuance of the Bonds. The Prior Bonds are being redeemed pursuant to the terms of an Escrow Agreement, dated as of June 1, 2026 (the “Escrow Agreement”), between the City and U.S. Bank Trust Company, National Association, as escrow bank (the “Escrow Bank”).

B. The City hereby acknowledges that the Underwriter is entering into this Purchase Agreement in reliance on the representations, warranties and agreements made by the City on behalf of itself and on behalf of the Community Facilities District herein, and the City shall take all action necessary to enforce its rights hereunder for the benefit of the Underwriter and shall immediately notify the Underwriter if it becomes aware that any representation, warranty or agreement made by the City, on behalf of itself or on behalf of the Community Facilities District, herein is incorrect in any material respect.

C. The City acknowledges and agrees that: (i) the primary role of the Underwriter, as an underwriter, is to purchase securities for resale to investors in an arm’s-length commercial transaction between the City and the Underwriter and that the Underwriter has financial and other interests that differ from those of the City and the Community Facilities District; (ii) the Underwriter is not acting as a municipal advisor, financial advisor or fiduciary to the City, the Community Facilities District, or any other person or entity and has not assumed any advisory or fiduciary responsibility to the City or the Community Facilities District with respect to the transaction contemplated hereby and the discussions, undertakings and proceedings leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the City or the Community Facilities District on other matters); (iii) the only obligations the Underwriter has to the City or the Community Facilities District with respect to the transaction contemplated hereby expressly are set forth in this Purchase Agreement, except as otherwise provided by applicable rules and regulations of the Securities and Exchange Commission or the rules of the Municipal Securities Rulemaking Board (the “MSRB”); and (iv) the City has consulted its own legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate in connection with the transaction contemplated herein. The City acknowledges that it has previously provided the Underwriter with an acknowledgement of receipt of the required Underwriter disclosure under Rule G-17 of the MSRB and acknowledges that it has engaged Wulff, Hansen & Co., as its municipal advisor (as defined in Securities and Exchange Commission Rule 15Ba1) and will rely solely on Wulff, Hansen & Co. for financial advice with respect to the Bonds.

D. Pursuant to the authorization of the City, the Underwriter has distributed copies of the Preliminary Official Statement dated [POS Date], relating to the Bonds, which, together with the cover page, inside cover page and appendices thereto is herein called the “Preliminary Official Statement.” By its acceptance of this Purchase Agreement, the City hereby consents to and 3 ratifies the use and distribution by the Underwriter of the Preliminary Official Statement, and the City agrees to execute a final official statement relating to the Bonds (the “Official Statement”) which will consist of the Preliminary Official Statement with such changes as may be made thereto, with the approval of Lozano Smith LLP, Bond Counsel and Disclosure Counsel (herein called “Bond Counsel”), and the Underwriter, and to provide copies thereof to the Underwriter as set forth in Section 2(S) hereof. The City hereby authorizes and requires the Underwriter to use and promptly distribute, in connection with the offer and sale of the Bonds, the Preliminary Official Statement, the Official Statement and any supplement or amendment thereto. The City further authorizes the Underwriter to use and distribute, in connection with the offer and sale of the Bonds, the Fiscal Agent Agreement, this Purchase Agreement and all information contained herein, and all other documents, certificates and statements furnished by or on behalf of the City or the Community Facilities District to the Underwriter in connection with the transactions contemplated by this Purchase Agreement. The Preliminary Official Statement and/or the Official Statement may be delivered and printed in a “designated electronic format” as defined in the MSRB’s Rule G-32 and as may be agreed to by the City and the Underwriter. The City confirms that it does not object to distribution of the Preliminary Official Statement or the Official Statement in electronic form. A copy of the most recent Preliminary Official Statement sent to a potential purchaser shall be sent by first class mail or electronically (or other equally prompt means) not later than the first business day following the day upon which each such request is received.

E. To assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2-12(b)(5) (the “Rule”), the City will undertake pursuant to the City Continuing Disclosure Agreement, in the form attached to the Official Statement under Appendix E (the “City Continuing Disclosure Agreement”), to provide annual reports and notices of certain enumerated events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement.

F. Except as the Underwriter and the City may otherwise agree, the City will deliver to the Underwriter, at the offices of Bond Counsel in Sacramento, California, or at such other location as may be mutually agreed upon by the Underwriter and the City, the documents hereinafter mentioned; and the City will deliver to the Underwriter through The Depository Trust Company’s (“DTC”) FAST delivery system, the Bonds, in definitive form (all Bonds bearing CUSIP® numbers printed thereon), duly executed by the City and authenticated by the Fiscal Agent in the manner provided for in the Fiscal Agent Agreement and the Community Facilities District Act at 8:00 a.m.

California time, on [Closing Date] (the “Closing Date”), and the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in paragraph (A) of this Section by wire transfer, payable in federal or other immediately available funds (such delivery and payment being herein referred to as the “Closing”). The Bonds shall be in fully registered book-entry form (which may be typewritten) and shall be registered in the name of Cede & Co., as nominee of DTC, which will act as securities depository for the Bonds, and the specimen Bonds will be made available for checking by the Underwriter not less than 5 days prior to the Closing.

G. Except as the City and the Underwriter may otherwise agree, the City will deliver to the Underwriter, at the offices of Bond Counsel in Sacramento, California, or at such other location as may be mutually agreed upon by the Underwriter and the City, the documents hereinafter mentioned on the Closing Date.
4 2. Representations, Warranties and Covenants of the Community Facilities District.

The City represents, warrants and covenants to the Underwriter, on behalf of itself and the Communities Facilities District, as the case may be, that:

A. The City is a municipal corporation duly organized and validly existing pursuant to the Constitution and laws of the State of California (the “State”), and has duly authorized the formation of the Community Facilities District pursuant to resolutions duly adopted by the City Council (the “Community Facilities District Formation Resolution” and, together with the Resolution, the “Community Facilities District Resolutions”) and the Community Facilities District Act. The City Council, as the legislative body of the Community Facilities District, has duly adopted the Community Facilities District Formation Resolution, has duly adopted a Resolution and Ordinance levying the Special Taxes (for all purposes herein, as such are defined in the Fiscal Agent Agreement) within the Community Facilities District (the “Ordinance”), and has caused to be recorded in the real property records of Madera County, a notice of special tax lien (the “Notice of Special Tax Lien”) (the Community Facilities District Formation Resolution, the Ordinance, and the Notice of Special Tax Lien being collectively referred to herein as the “Formation Documents”), and the City Council has duly adopted the Resolution. Each of the Formation Documents remains in full force and effect as of the date hereof and has not been amended. The Community Facilities District is duly organized and validly existing as a community facilities district under the laws of the State.

The City has, and at the Closing Date will have, as the case may be, full legal right, power and authority: (i) to execute, deliver and perform its obligations under this Purchase Agreement, the Escrow Agreement and the Fiscal Agent Agreement and to carry out all transactions contemplated by each of such agreements; (ii) to enter into the City Continuing Disclosure Agreement; and (iii) to carry out, give effect to and consummate the transactions contemplated by the Formation Documents, the Fiscal Agent Agreement, the Escrow Agreement this Purchase Agreement and the Official Statement.

This Purchase Agreement, the Fiscal Agent Agreement, the Escrow Agreement and the City Continuing Disclosure Agreement are collectively referred to herein as the “City Documents.” B. By all necessary official action of the City, the City has duly authorized and approved the execution and delivery by the City of, and the performance by City of, the obligations on its part contained in, the City Documents and has approved the use and distribution by the Underwriter of the Preliminary Official Statement and the execution, use and distribution by the Underwriter of the Official Statement, and, as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered by the parties thereto, the City Documents will constitute the legally valid and binding obligations of the City, on its own behalf and on behalf of the Communities Facilities District, enforceable upon the City and the Community Facilities District in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or affecting creditors’ rights generally. To the best of the City’s knowledge, the City has complied, and will at the Closing Date be in compliance in all respects, with the terms of the City Documents that are applicable to the City, and the Community Facilities District has complied, and will at the Closing Date be in compliance in all respects, with the terms of the City Documents that are applicable to the Community Facilities District.

C. The information in the Preliminary Official Statement (other than statements pertaining to the book-entry system as to which no view is expressed) as of its date was and as of the date hereof is, and in the Official Statement (other than statements pertaining to the book-entry system as to which no view is expressed) as of its date is, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to 5 make the statements therein, in light of the circumstances under which they were made, not misleading; and, upon delivery and up to and including 25 days after the End of the Underwriting Period (as defined in paragraph (D) below), the Official Statement will be amended and supplemented so as to contain no misstatement of any material fact or material omission of any statement necessary to make the statements contained therein, in the light of the circumstances in which such statements were made, not misleading.

D. Up to and including 25 days after the End of the Underwriting Period (as defined below), the City will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the consent of the Underwriter, which consent will not be unreasonably withheld. The City will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental agency prohibiting or otherwise materially affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. As used herein, the term “End of the Underwriting Period” means the later of such time as: (i) the Bonds are delivered to the Underwriter; or (ii) the Underwriter does not retain, directly or as a member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Unless the Underwriter gives notice to the contrary, the End of the Underwriting Period shall be deemed to be the Closing Date. Any notice delivered pursuant to this provision shall be written notice delivered to the City at or prior to the Closing Date and shall specify a date (other than the Closing Date) to be deemed the “End of the Underwriting Period.” If in the opinion of the Underwriter any such event or proceedings requires the preparation and distribution of a supplement or amendment to the Official Statement, the City shall prepare and furnish to the Underwriter, at the City’s expense, such number of copies of the supplement or amendment to the Official Statement, in (i) a “designated electronic format” consistent with the requirements of the MSRB’s Rule G-32 and (ii) a printed format form in substance mutually agreed upon by the City and the Underwriter as the Underwriter may reasonably request. If such amendment or supplement to the Official Statement shall be made subsequent to the Closing Date, the City also shall furnish, or cause to be furnished, such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably deem necessary to evidence the truth and accuracy of any such supplement or amendment to the Official Statement.

E. As of the time of acceptance hereof and as of the Closing Date, the City and the Community Facilities District, as applicable, have each complied, and will at the Closing Date be in compliance in all material respects, with the Formation Documents and the City Documents, and any immaterial noncompliance by the City or the Community Facilities District, if any, will not impair the ability of the City or the Community Facilities District, as applicable, to carry out, give effect to or consummate the transactions contemplated by the foregoing. From and after the date of issuance of its Bonds, the City will continue to comply with the covenants of the City contained in the City Documents and it shall cause the Community Facilities District to continue to comply with the covenants of the Community Facilities District contained in the City Documents.

F. Except as described in the Preliminary Official Statement, neither the City nor the Community Facilities District is, and as of the Closing Date, neither will be, in any respect material to the transactions referred to herein or contemplated hereby, in breach of or in default under, any law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City or the Community Facilities District, as the case may be, is a party or is otherwise subject or bound; and, to the City’s knowledge, no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument which breach, default or event 6 could have an adverse effect on the City’s ability or the Community Facilities District’s ability to perform their respective obligations under the City Documents; and as of such times, except as disclosed in the Official Statement, the authorization, execution and delivery of the City Documents and compliance with the provisions of each thereof, or the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound, in any manner which would materially and adversely affect the performance by the City or the Community Facilities District of their respective obligations under the City Documents or the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement. The City has received all licenses, permits or other regulatory approvals required, if any, for the pledge, collection and/or application by the Community Facilities District of the Special Taxes (as defined in the Fiscal Agent Agreement) and other moneys pledged to the payment of the principal of and interest on the Bonds under the Fiscal Agent Agreement.

G. Except as may be required under the “blue sky” or other securities laws of any jurisdiction, all approvals, consents, authorizations, elections and orders of, or filings or registrations with, any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the City or the Community Facilities District of their respective obligations under the City Documents, and the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement, have been or will be obtained at the Closing Date and are or will be in full force and effect at the Closing Date.

H. At the time of acceptance hereof there is and as of the Closing there will be no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body (collectively and individually, an “Action”) pending (notice of which has been served on the City or the Community Facilities District) or to the best knowledge of the City or the Community Facilities District threatened, in which any such Action: (i) in any way questions the powers of the City Council or the existence of the Community Facilities District or the titles of the officers of the City and/or the Community Facilities District to their respective offices; (ii) affects, contests or seeks to prohibit, restrain or enjoin the issuance or delivery of the Bonds or the payment or collection of Special Taxes or any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contests or affects the validity of the City Documents or the consummation of the transactions on the part of the City or the Community Facilities District contemplated thereby; (iii) contests the exclusion of interest on the Bonds from federal or State income taxation or contests the powers of the City or the Community Facilities District which may result in any material adverse change relating to the financial condition of the City or the Community Facilities District; (iv) except as disclosed in the Official Statement, wherein an unfavorable decision, ruling or finding would materially adversely affect the financial position or condition of the City or the Community Facilities District or would result in any material adverse change in the ability of the City to pledge or apply the Special Taxes (as defined in the Fiscal Agent Agreement) or to pay debt service on the Bonds; or (v) contests the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserts that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and as of the time of acceptance hereof there is and, as of the Closing Date, 7 there will be no known basis for any Action of the nature described in clauses (i) through (v) of this sentence.

I. The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter and at the expense of the Underwriter as the Underwriter may reasonably request in order: (i) to qualify the Bonds for offer and sale under the “blue sky” or other securities laws and regulations of such states and other jurisdictions of the United States of America as the Underwriter may designate; and (ii) to determine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Bonds, provided; however, that the City will not be required to execute a special or general consent to service of process or qualify as a foreign corporation in connection with any such qualification in any jurisdiction.

J. The City Documents conform as to form and tenor to the descriptions thereof contained in the Preliminary Official Statement. The City represents that the Bonds, when issued, executed and delivered in accordance with the Fiscal Agent Agreement and sold to the Underwriter as provided herein, will be validly issued and outstanding obligations of the City, entitled to the benefits of the Fiscal Agent Agreement. The City and the Community Facilities District will each comply with the covenant in the Fiscal Agent Agreement to cause the Special Taxes to be levied and collected at the same time and in the same manner as ordinary ad valorem property taxes. The Fiscal Agent Agreement creates a valid pledge of, first lien upon and security interest in, the Special Taxes, and in the moneys in the Special Tax Fund established pursuant to the Fiscal Agent Agreement, on the terms and conditions set forth in the Fiscal Agent Agreement. The Fiscal Agent Agreement creates a valid pledge of the moneys in certain funds and accounts established pursuant to the Fiscal Agent Agreement, subject in all cases to the provisions of the Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms and conditions set forth therein.

K. Except as disclosed in the Preliminary Official Statement, there are, to the best of the City’s knowledge, no entities with outstanding assessment liens or special tax liens against any of the properties within the Community Facilities District which are senior to or on a parity with the Special Taxes.

L. The issuance and sale of the Bonds is not subject to any transfer or other documentary stamp taxes of the State or any political subdivision thereof.

M. The City shall not knowingly take or omit to take any action that, under existing law, may adversely affect the exclusion from gross income for federal income tax purposes, or the exemption from State of California personal income tax, of the interest on the Bonds. The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer whose arbitrage certifications may not be relied upon.

N. Any certificate signed on behalf of the Community Facilities District by any officer or employee of the City authorized to do so and delivered to the Underwriter in connection with the issuance and sale of the Bonds shall be deemed to be a representation and covenant by the Community Facilities District to the Underwriter as to the statements made therein.

O. The City will apply the proceeds of the Bonds in accordance with the Fiscal Agent Agreement and as described in the Official Statement. 8 P. At or prior to the Closing, the City will have duly authorized, executed and delivered the City Continuing Disclosure Agreement in substantially the form under Appendix E to the Official Statement. Based on a review of previous undertakings, the Preliminary Official Statement and the Official Statement describe the instances in which the City has failed to comply with any previous undertakings with regard to the Rule to provide annual reports or notices of enumerated events in the last five years.

Q. Between the date of this Purchase Agreement and the date of Closing, the City will not offer or issue any bonds, notes or other obligations for borrowed money not previously disclosed to the Underwriter and the City shall not create, assume or guarantee any indebtedness payable from, or pledge or otherwise encumber, the Special Taxes or other assets, properties, funds or interests that will be pledged as security for the Bonds pursuant to the City Documents.

R. Until such time as moneys have been set aside in an amount sufficient to pay all then outstanding Bonds at maturity or to the date of redemption if redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to maturity or to the date of redemption if redeemed prior to maturity, the City will faithfully perform and abide by all of the covenants, undertakings and provisions contained in the Fiscal Agent Agreement.

S. The Preliminary Official Statement was deemed final by a duly authorized officer of the City prior to its delivery to the Underwriter, except for the omission of such information as is permitted to be omitted in accordance with paragraph (b)(1) of the Rule. The City hereby covenants and agrees that, within seven (7) business days from the date hereof, or upon reasonable written notice from the Underwriter within sufficient time to accompany any confirmation requesting payment from any customers of the Underwriter, the City shall cause a final electronic and/or printed form of the Official Statement as set forth in Section 1 above to be delivered to the Underwriter in sufficient quantity to comply with paragraph (b)(4) of the Rule and Rules G-12, G-15, G-32 and G-36 of the Municipal Securities Rulemaking Board.

T. The City hereby approves the preparation and distribution of the Official Statement, consisting of the Preliminary Official Statement with such changes as are noted thereon and as may be made thereto, with the approval of Bond Counsel and the Underwriter from time to time prior to the Closing Date.

U. The City hereby ratifies any prior use of and authorizes the future use by the Underwriter, in connection with the offering and sale of the Bonds, of the Preliminary Official Statement, the Official Statement, this Purchase Agreement and all information contained herein, and all other documents, certificates and written statements furnished by the City to the Underwriter in connection with the transactions contemplated by this Purchase Agreement.

The execution and delivery of this Purchase Agreement by the City shall constitute a representation by the City to the Underwriter that the representations and warranties contained in this Section 2 with respect to the City and the Community Facilities District are true as of the date hereof.

3. Conditions to the Obligations of the Underwriter. The obligation of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the City, on its own behalf and on behalf of the Community Facilities District, contained herein, to the accuracy in all material respects of the statements of the officers and other officials of the city and the Community Facilities District made in any certificates or other documents furnished pursuant to the provisions hereof, to the performance by the City and the Community Facilities District of 9 their obligations to be performed hereunder at or prior to the Closing Date and, to the following additional conditions:

A. At the Closing Date, the Community Facilities District Resolutions, the Formation Documents, and the City Documents shall be in full force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter, and there shall have been taken in connection therewith, with the issuance of the Bonds, and with the transactions contemplated thereby, and by this Purchase Agreement, all such actions as, in the opinion of Bond Counsel, shall be necessary and appropriate.

B. At the Closing Date, except as was described in the Preliminary Official Statement, neither the City nor the Community Facilities District shall be, in any respect material to the Bonds, the City Documents or the transactions referred to herein or contemplated hereby, in breach of or in default under, any law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City or the Community Facilities District, respectively, is a party or is otherwise subject or bound, and the performance by the City or the Community Facilities District, respectively, of its obligations under the Bonds, the City Documents, the Community Facilities District Resolutions, this Purchase Agreement and any other instruments contemplated by any of such documents, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State, the United States of America or of any department, division, agency or instrumentality of either thereof or under any applicable court or administrative decree or order or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City or the Community Facilities District, respectively, is a party or is otherwise subject or bound, in any manner which would materially and adversely affect the performance by the City or the Community Facilities District, respectively, of its obligations under the City Documents, the Bonds or the Community Facilities District Resolutions.

C. The information contained in the Official Statement is, as of the Closing Date and as of the date of any supplement or amendment thereto pursuant hereto, true and correct in all material respects and does not, as of the Closing Date or as of the date of any supplement or amendment thereto, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

D. The Underwriter shall have the right to cancel its obligation to purchase the Bonds and to terminate this Purchase Agreement by written notice to the City if, between the date of this Purchase Agreement and the Closing Date, in the Underwriter’s sole and reasonable judgment any of the following events shall occur (each a “Termination Event”):

1. Between the date hereof and the Closing Date, the market price or marketability, at the initial offering prices set forth on the cover page of the Official Statement, of the Bonds, or the ability of the Underwriter to enforce contracts for the sale of the Bonds, shall have been materially adversely affected, in the judgment of the Underwriter (evidenced by a written notice to the City terminating the obligation of the Underwriter to accept delivery of and pay for the Bonds), by reason of any of the following:
a. Legislation introduced in or enacted (or resolution passed) by the Congress of the United States of America or the legislature of the State or recommended to the 10 Congress by the President of the United States of America or a member of the President’s Cabinet, the Department of the Treasury, the Internal Revenue Service or any member of Congress or favorably reported for passage to either House of Congress by any committee of such House to which such legislation had been referred for consideration, or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department of the United States of America, the Internal Revenue Service or other federal or State authority with appropriate jurisdiction, with the purpose or effect, directly or indirectly, of imposing federal or State income taxation upon such interest as would be received by any owners of the Bonds beyond the extent to which such interest is subject to taxation as of the date hereof; b. Legislation introduced in or enacted (or resolution passed) by the Congress, or shall have been favorably reported out of committee or be pending in committee, or shall have been recommended to the Congress for passage by the President of the United States of America or a member of the President’s Cabinet, or an order, decree, injunction or decision issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release, statement or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, the Resolution or the City Documents, are not exempt from registration under or other requirements of the Securities Act of 1933, as amended, or that the Fiscal Agent Agreement is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the Bonds, as contemplated hereby or by the Official Statement or otherwise is or would be in violation of the federal securities laws as amended and then in effect;
c. A general suspension of trading in securities on the New York Stock Exchange or other major exchange shall be in force, or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on any such exchange, whether by virtue of determination by that exchange or by order of the Securities and Exchange Commission or any other governmental authority having jurisdiction;
d. There shall have occurred (1) an outbreak or escalation of hostilities or the declaration by the United States of a national emergency or war or (2) any other calamity or crisis in the financial markets of the United States or elsewhere or the escalation of such calamity or crisis;
e. Except as disclosed in or contemplated by the Official Statement, any material adverse change in the affairs of the City or the Community Facilities District shall have occurred;

2. The introduction, proposal or enactment of any amendment to the federal or California Constitution or any action by any federal or State court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the City or the Community Facilities District, their property, income, securities (or interest thereon), the validity or enforceability of Special Taxes;

3. Any event occurring or information becoming known which, in the judgment of the Underwriter, makes untrue or incorrect in any material respect any statement or 11 information contained in the Preliminary Official Statement or in the Official Statement or has the effect that the Preliminary Official Statement or the Official Statement contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;

4. A general banking moratorium shall have been declared by federal, State of New York or State of California officials authorized to do so or a material disruption in securities settlement, payment or clearance services affecting the Bonds shall have occurred;

5. Any new restriction on transactions in securities materially affecting the market for securities (including the imposition of any limitation in interest rates) or the extension of credit by, or a charge to the net capital requirements of, underwriters shall have been established by the New York Stock Exchange, the Comptroller of the Currency, the Securities and Exchange Commission or any other federal or State agency or the Congress of the United States of America, or by Executive Order;

6. A decision by a court of the United States of America shall be rendered, or a stop order, release, regulation or no-action letter by or on behalf of the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall have been issued or made, to the effect that the issuance, offering or sale of the Bonds as contemplated by this Purchase Agreement or by the Official Statement, or any document relating to the issuance, offering or sale of the Bonds is or would be in violation of any provision of the federal securities laws at the Closing Date, including the Securities Act of 1933, the Securities Exchange Act of 1934 and the Trust Indenture Act of 1939;

7. Any proceeding shall have been commenced or be threatened in writing by the Securities and Exchange Commission against the City or the Community Facilities District.

8. The commencement of an Action described in Section 2(H).

Upon the occurrence of a Termination Event and the termination of this Purchase Agreement by the Underwriter, all obligations of the City, the Community Facilities District, and the Underwriter under this Agreement shall terminate, without further liability, except that the City and the Underwriter shall pay their respective expenses as set forth in Section 6 below.

E. At or prior to the Closing Date, the Underwriter shall have received a counterpart original or certified copy of the following documents, in each case satisfactory in form and substance to the Underwriter:

1. Official Statement. The Official Statement and each supplement or amendment, if any thereto, executed by an authorized officer of the City;

2. Fiscal Agent Agreement. The Fiscal Agent Agreement, duly executed and delivered by the City and the Fiscal Agent;

3. Resolutions. Certifications by the City Clerk with respect to each resolution and ordinance of the City Council, for the City or as the legislative body of the Community Facilities District, relating to the City Documents, the transactions contemplated thereby, formation of the Community Facilities District and issuance of the Bonds; 12 4. City Continuing Disclosure Agreement. The City Continuing Disclosure Agreement executed and delivered by the City;

5. Escrow Agreement. An executed copy of the Escrow Agreement.

6. Bond Counsel Opinion. An unqualified approving opinion for the Bonds, dated the Closing Date and addressed to the City, of Bond Counsel, to the effect that the Bonds are the valid, legal and binding obligations of the City and that the interest thereon is excluded from gross income for federal income tax purposes and exempt from personal income taxes of the State, in substantially the form included as Appendix D to the Official Statement, together with a letter of Bond Counsel, dated the Closing Date and addressed to the Underwriter, to the effect that such opinion addressed to the City may be relied upon by the Underwriter to the same extent as if such opinion was addressed to it;

7. Supplemental Opinion. A supplemental opinion or opinions, dated the Closing Date and addressed to the Underwriter, of Bond Counsel, to the effect that:
(i) this Purchase Agreement has been duly authorized, executed and delivered by the City and, assuming due authorization, execution and delivery by the other parties thereto, constitutes the legal, valid and binding agreement of the City and is enforceable in accordance with its terms, except to the extent that enforceability may be limited by moratorium, bankruptcy, reorganization, insolvency or other similar laws affecting creditors’ rights generally or by the exercise of judicial discretion in accordance with general principles of equity or otherwise in appropriate cases and by limitations on legal remedies against public agencies in the State; (ii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Fiscal Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; and
(iii) the information contained in the Official Statement on the cover and under the captions “THE BONDS,” “SECURITY FOR THE BONDS,” “TAX MATTERS” and in Appendices C and D to the Official Statement (excluding any financial, statistical and economic data, forecasts, numbers, charts, graphs, estimates, projections, and assumptions and any information regarding The Depository Trust Company and the book-entry system as to which Bond Counsel need express no opinion or view, and further, excluding any material that may be treated as included under such captions by cross-reference), are accurate insofar as such statements purport to summarize certain provisions of the Bonds, the Fiscal Agent Agreement, Bond Counsel’s final approving opinion and the Community Facilities District Act;

8. Defeasance Opinion. An opinion of Bond Counsel, addressed to the City, the Underwriter and the Escrow Bank, dated the date of Closing, as to the effective defeasance of the Prior Bonds in form and substance acceptable to the Underwriter;

9. Citty Attorney Opinion. An opinion, dated the Closing Date and addressed to the Underwriter, of Lozano Smith LLP, acting as City Attorney to the City, substantially in the form of Appendix B hereto;

10. Closing Certificate of the City. A certificate, dated the Closing Date, and signed by an authorized officer of the City substantially in the form of Appendix C hereto, together with such additional certifications as Bond Counsel may require; 13 11. Bank Incumbency Certificate. Certified copies of the general resolution of the Fiscal Agent authorizing the execution and delivery of certain documents by certain officers of the Fiscal Agent, which resolution authorizes the execution of the Fiscal Agent Agreement and the authentication of the Bonds;

12. Fiscal Agent’s Certificate. A certificate of the Fiscal Agent, dated the Closing Date, in form and substance acceptable to the Underwriter and its counsel, substantially in the form of Appendix D hereto;

13. Fiscal Agent’s Counsel Opinion. An opinion of counsel to the Fiscal Agent, dated the Closing Date, addressed to the Underwriter and the City, substantially in the form of Appendix E hereto;

14. Disclosure Counsel Opinion. An opinion, dated the Closing Date and addressed to the Underwriter and to the City, of Lozano Smith LLP, as disclosure counsel (“Disclosure Counsel”), in form and substance acceptable to the Underwriter;

15. Opinion of Underwriter’s Counsel. An opinion of Kutak Rock LLP, counsel to the Underwriter, dated the date of the Closing, addressed to the Underwriter, in form and substance acceptable to the Underwriter;

16. Special Tax Consultant Certificate. A certificate, dated the Closing Date from NBS substantially in the form attached as Appendix F hereto;

17. Escrow Bank Certificate. A certificate or certificates of the Escrow Bank, dated the Closing Date, in form and substance acceptable to the Underwriter and Bond Counsel;

18. Transcript. A transcript of all proceedings relating to the formation of the Community Facilities District and any change proceedings relating to the Community Facilities District and all proceedings relating to the authorization, issuance, sale and delivery of the Bonds, including certified copies of the Fiscal Agent Agreement and all resolutions of the City and the Community Facilities District relating thereto;

19. Nonarbitrage Certificate. A certificate of the City, dated the Closing Date, in a form acceptable to Bond Counsel and the Underwriter, that the Bonds are not arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended;

20. Specimen Bonds. Copies of the Specimen Bonds;

21. Issue Price Certificate. An issue price certificate of the Underwriter in the form attached as Appendix J hereto;

22. Form 8038-G. An Information Return for Tax-Exempt Bond Issues (Internal Revenue Service Form 8038-G), in a form satisfactory to Bond Counsel for filing, executed by a duly authorized officer of the City, together with evidence that such Form 8038-G has been mailed;

23. CDIAC Statements. Copies of filings with the California Debt and Investment Advisory Commission relating to the issuance of the Bonds; 14 24. Letter of Representations. A copy of the Blanket Letter of Representations to DTC relating to the Bonds signed by the City;

25. Certificate Regarding Preliminary Official Statement. Prior to and in connection with printing and distribution of the Preliminary Official Statement, (i) an executed certificate of the City and (ii) an executed certificate of Rancho Calera, LLC (the “Property Owner”) in the form under Appendix G hereto.

26. Property Owner Continuing Disclosure Certificate. Executed copies of the Continuing Disclosure Certificate (Developer) from the Property Owner in the form set forth under Appendix E of the Official Statement.

27. Property Owner Closing Certificate. An executed bring-down certificate from the Property Owner, dated as of the Closing Date, in form and substance as set forth in Appendix H hereto.

28. Property Owner Counsel Opinion. The opinion of counsel to the Property Owner, dated the Closing Date and addressed to the City and the Underwriter, in form and substance acceptable to the Underwriter and Bond Counsel.

29. Appraiser Closing Certificate. A certificate in form and substance as set forth in Appendix I hereto of Integra Realty Resources, the appraiser of the property within the Community Facilities District, dated as of the Closing Date.

30. Additional Documents. Such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the Closing Date, of the material representations and warranties of the City, on its own behalf and on behalf of the Community Facilities District, contained herein, and of the statements and information contained in the Official Statement and the due performance or satisfaction by the City at or prior to the Closing of all agreements then to be performed and all conditions then to be satisfied by the City and the Community Facilities District in connection with the transactions contemplated hereby and by the Fiscal Agent Agreement and the Official Statement.

If the City shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, accept delivery of and pay for the Bonds contained in this Purchase Agreement, or if the obligations of the Underwriter to purchase, accept delivery of and pay for the Bonds shall be terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the City nor the Underwriter shall be under any further obligation hereunder, except that the respective obligations of the Underwriter and the City set forth in Section 6 hereof shall continue in full force and effect.

4. Representations and Agreements of the Underwriter. The Underwriter represents to and agrees with the City that:

A. The Underwriter is duly authorized to execute and deliver this Purchase Agreement and to take any action under the Purchase Agreement required to be taken by it.

B. The Underwriter is in compliance with MSRB Rule G-37 with respect to the City and the Community Facilities District, and is not prohibited thereby from acting as underwriter 15 with respect to securities of the City and the Community Facilities District. The Underwriter is in compliance with MSRB Rule G-17 with respect to the City and the Community Facilities District.

C. The Underwriter has, and has had, no financial advisory relationship with the City or the Community Facilities District with respect to the Bonds, and no investment firm controlling, controlled by or under common control with the Underwriter has or has had any such financial advisory relationship, within the meaning of California Government Code Section 53590, or otherwise.

D. The Underwriter has not paid or agreed to pay, nor will it pay or agree to pay, any entity, company, firm or person (including, but not limited to, the City’s financial consultants, or any officer, agent or employee thereof), other than a bona fide officer, agent or employee working for the Underwriter, any compensation, fee, gift or other consideration contingent upon or resulting from the award of or entering into this Purchase Agreement.

E. The Underwriter has reasonably determined that the City’s undertaking in the City Continuing Disclosure Agreement to provide continuing disclosure with respect to the Bonds is sufficient to effect compliance with the Rule.

5. Establishment of Issue Price.

A. The Underwriter agrees to assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at Closing an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Appendix J, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the City and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Bonds.

B. Except as otherwise set forth in Appendix A attached hereto, the City will treat the first price at which 10% of each maturity of the Bonds (the “10% test”) is sold to the public as the issue price of that maturity. At or promptly after the execution of this Purchase Agreement, the Underwriter shall report to the City the price or prices at which it has sold to the public each maturity of Bonds. If at that time the 10% test has not been satisfied as to any maturity of the Bonds, the Underwriter agrees to promptly report to the City the prices at which it sells the unsold Bonds of that maturity to the public. That reporting obligation shall continue, whether or not the Closing Date has occurred, until either (i) the Underwriter has sold all Bonds of that maturity or (ii) the 10% test has been satisfied as to the Bonds of that maturity, provided that, the Underwriter’s reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the City or Bond Counsel. For purposes of this Section, if Bonds mature on the same date but have different interest rates, each separate CUSIP number within that maturity will be treated as a separate maturity of the Bonds.

C. The Underwriter confirms that it has offered the Bonds to the public on or before the date of this Purchase Agreement at the offering price or prices (the “initial offering price”), or at the corresponding yield or yields, set forth in Appendix A attached hereto. Appendix A also sets forth, as of the date of this Purchase Agreement, the maturities, if any, of the Bonds for which the Underwriter represents that (i) the 10% test has been satisfied (assuming orders are confirmed by the close of the business day immediately following the date of this Purchase Agreement) and (ii) the 10% test has not been satisfied and for which the City and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the City to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of 16 that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following:
a. the close of the fifth (5th) business day after the sale date; or b. the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public.

The Underwriter will advise the City promptly after the close of the fifth (5th) business day after the sale date whether it has sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public.

D. The Underwriter confirms that:
(i) any selling group agreement and any third-party distribution agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a member of the selling group and each broker-dealer that is a party to such third-party distribution agreement, as applicable:
(A)(i) to report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter that the 10% test has been satisfied as to the Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter and (ii) to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter,
(B) to promptly notify the Underwriter of any sales of Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below), and (C) to acknowledge that, unless otherwise advised by the dealer or broker-dealer, the Underwriter shall assume that each order submitted by the dealer or broker-dealer is a sale to the public.
(ii) any selling group agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter or the dealer that the 10% test has been satisfied as to the Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter or the dealer, and (B) comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter or the dealer and as set forth in the related pricing wires. 17 E. The City acknowledges that, in making the representation set forth in this section, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires, and (ii) in the event that a third-party distribution agreement was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds, as set forth in the third-party distribution agreement and the related pricing wires. The City further acknowledges that the Underwriter shall not be liable for the failure of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement, to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds.

F. The Underwriter acknowledges that sales of any Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this section.

Further, for purposes of this section:
a. “public” means any person other than an underwriter or a related party;
b. “underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the public);
c. a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other); and
d. “sale date” means the date of execution of this Purchase Agreement by all parties.

6. Expenses.

A. Whether or not the Underwriter accepts delivery of and pays for the Bonds as set forth herein, it shall be under no obligation to pay, and the City shall pay out of the proceeds of the Bonds or any other legally available funds of the City, all expenses incidental to the performance 18 of the City’s obligations hereunder, including but not limited to the cost of printing and delivering the Bonds to the Underwriter; the costs of printing and shipping the Preliminary Official Statement and the Official Statement; the fees and disbursements of the City, the Community Facilities District, the Fiscal Agent, the Escrow Bank, Bond Counsel, Disclosure Counsel, accountants and any other experts or consultants retained by the City or the Community Facilities District in connection with the issuance and sale of the Bonds; and any other expenses not specifically enumerated in paragraph (B) of this Section incurred in connection with the issuance and sale of the Bonds.

B. Whether or not the Bonds are delivered to the Underwriter as set forth herein, the City shall be under no obligation to pay, and the Underwriter shall be responsible for and pay, CUSIP® and CDIAC fees and expenses to qualify the Bonds for sale under any “blue sky” laws; and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds not specifically enumerated in paragraph (A) of this Section, including the fees and disbursements of its counsel.

7. Undertakings of the City. The City agrees: (a) to inform the Underwriter, from time to time, upon the reasonable request of the Underwriter, of the amount then on deposit in the Reserve Fund and all accounts thereunder; and (b) to make available to the Underwriter, upon reasonable request of the Underwriter, at the expense of the City, sufficient copies of its audited financial statements, if any, and any resolutions of its legislative body with respect to the Community Facilities District Resolutions, the Bonds, the Fiscal Agent Agreement, the Official Statement, any amendments or supplements thereto, and other documents relating to the Bonds and pertaining to the City or the Community Facilities District adopted or executed, as the case may be, after the Closing Date, to the extent that such documents are publicly available.

8. Notices. Any notice of other communication to be given to the City under this Purchase Agreement may be given by delivering the same in writing to the City of Chowchilla, 130 South Second Street, Chowchilla, California 93610, Attention: Finance Director; any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to Oppenheimer & Co. Inc., 135 Main Street, Suite 1700, San Francisco, California 94105, Attention: Municipal Capital Markets Group. All such notices, requests or other communications may be made by telephone, personal or courier delivery, registered or certified mail, facsimile transmission or electronic communication, provided that delivery by facsimile transmission or electronic communication must be confirmed by the sender. The City and the Underwriter may, by notice given as aforesaid, specify a different address for any such notices, requests or other communications.

9. Parties In Interest. This Purchase Agreement is made solely for the benefit of the City and the Underwriter (including any successors or assignees of the Underwriter) and no other person shall acquire or have any right hereunder or by virtue hereof. The City and the Underwriter may not assign this Agreement. The term “successor” shall not include any holder of any Bonds merely by virtue of such holding.

10. Survival of Representations and Warranties. The representations and warranties of the City under this Purchase Agreement shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the Closing and regardless of any investigations made by or on behalf of the Underwriter (or statements as to the results of such investigations) concerning such representations and statements of the City or the Community Facilities District and regardless of delivery of and payment for the Bonds.
19 11. Severability. If any provision of this Purchase Agreement is, or is held or deemed to be, invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, because it conflicts with any provisions of any constitution, statute, rule of public policy or for any other reason, such circumstances shall not make the provision in question invalid, inoperative or unenforceable in any other case or circumstance, or make any other provision or provisions of this Agreement invalid, inoperative or unenforceable to any extent whatsoever.

12. Electronic Signature. Each of the parties hereto agrees that the transaction consisting of this Purchase Agreement may be conducted by electronic means. Each party agrees and acknowledges that it is such party’s intent, that if such party signs this Purchase Agreement using an electronic signature, it is signing, adopting and accepting this Purchase Agreement and that signing this Purchase Agreement using an electronic signature is the legal equivalent of having placed the undersigned officer’s handwritten signature on this Purchase Agreement on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this Purchase Agreement in a usable format.

13. Execution in Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.

14. Effective. This Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the City and shall be valid and enforceable as of the time of such acceptance.

15. No Prior Agreements. This Purchase Agreement supersedes and replaces all prior negotiations, agreements and understanding between the parties hereto in relation to the sale of the Bonds by the City.

16. Governing Law. This Purchase Agreement shall be governed by the laws of the State.

S-1

17. Effective Date. This Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the City and shall be valid and enforceable as of the time of such acceptance.

Very truly yours,
OPPENHEIMER & CO. INC.

By:

Its: Authorized Officer
The foregoing is hereby agreed to and
accepted as of the date first above written:

CITY OF CHOWCHILLA
By:

Rod Pruett, City Administrator
Time of Execution: _____________ California time
[EXECUTION PAGE OF BOND PURCHASE AGREEMENT – CITY OF CHOWCHILLA COMMUNITY FACILITIES DISTRICT NO. 2025-2 SPECIAL TAX BONDS (REPLACEMENT OF CFD 2006-1)]
A-1

APPENDIX A
$___________

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-2

SPECIAL TAX BONDS
(Replacement of CFD 2006-1)

MATURITY SCHEDULE
Maturity
(September 1)
Principal
Amount
Interest
Rate Yield Price
10% Test
Satisfied*
10% Test
Not
Satisfied
Subject to
Hold-TheOfferingPrice Rule
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
20__(T)
20__(T)
20__(T)
20__(T)
_________________________________
(T) Term Bond.
(C) Priced to optional call at [par] on September 1, 20__. * At the time of execution of this Purchase Agreement and assuming orders are confirmed by the close of the business day immediately following the date of this Purchase Agreement.

B-1

APPENDIX B

OPINION OF CITY ATTORNEY
[Closing Date]

VIA OVERNIGHT MAIL
Oppenheimer & Co. Inc.
135 Main Street, Suite 1700
San Francisco, California 94105
City of Chowchilla
Community Facilities District No. 2025-2
130 South Second Street
Chowchilla, California 93610
Re: City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1)
Ladies and Gentlemen:

We have acted as City Attorney for the City of Chowchilla (the “City”) , in connection with the purchase and sale of the City of Chowchilla Community Facilities District No. 2025-2 Special Tax Bonds (Replacement of CFD 2006-1) (the “Bonds”). As City Attorney, we have reviewed the Bond Purchase Agreement, dated [BPA Date] (the “Purchase Agreement”), by and between Oppenheimer & Co. Inc. (the “Underwriter”) and the City, the Fiscal Agent Agreement, dated as of June 1, 2026 (the “Fiscal Agent Agreement”) by and between the City and U.S. Bank Trust Company, National Association, as fiscal agent, the Escrow Agreement, dated as of June 1, 2026 (the “Escrow Agreement”) by and between the City and U.S. Bank Trust Company, National Association, as escrow bank, the City Continuing Disclosure Agreement, dated [Closing Date], executed by the City (the “City Continuing Disclosure Agreement”), the Preliminary Official Statement, dated [POS Date], relating to the Bonds (the “Preliminary Official Statement”), the Official Statement, dated [BPA Date], relating to the Bonds (the “Official Statement”), Resolution No. ______ adopted by the City Council of the City on _________, 2026 (“Bond Resolution”), and such other documents, certificates, records and papers as we have deemed necessary to render the below opinions.

The Bonds, Fiscal Agent Agreement, the Escrow Agreement, Purchase Agreement, and the City Continuing Disclosure Agreement, are collectively referred to herein as the “Bond Documents.” Capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Purchase Agreement.

With your permission we have assumed, without undertaking to verify the same by independent investigation, the following: (a) the authenticity of original documents and the genuineness of all signatures (other than those of the City); (b) the conformity to the originals of all documents submitted to us as copies; (c) the truth, accuracy, and completeness of the information, representations, and warranties contained in these documents, certificates, records and papers we have reviewed; and (d) compliance with all covenants and agreements contained in such documents.

Based on the foregoing, and in reliance thereon, as of the date hereof, we are of the following B-2
opinions:

1. The City is a municipal corporation duly organized and validly existing pursuant to the Constitution and laws of the State of California;

2. The Community Facilities District is duly organized and validly existing as a community facilities district under the Constitution and laws of the State;

3. The Bond Resolution was duly adopted at a meeting of the City Council, which meeting was duly called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout;

4. The preparation and distribution of the Preliminary Official Statement and the Official Statement have been duly approved by the City Council;

5. The execution and delivery by the City of the Bond Documents, and the Bonds and the performance of its obligations thereunder have been duly authorized by all requisite action of the City Council, , and the Bonds and the Bond Documents have been duly executed and delivered by the City, and constitute legal, valid and binding obligations of the City enforceable against the City , in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the enforcement of creditors’ rights in general and to the application of equitable principles if equitable remedies are sought;

6. To the best of our knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body is pending or to the best of such counsel’s knowledge, threatened in any way affecting the existence of the City or the Community Facilities District or the titles of the officers of each to their respective offices, or seeking to restrain or to enjoin the execution and delivery of the Bond Documents, or the issuance, sale or delivery of the Bonds or the application of the proceeds thereof or the collection or application of the Special Taxes, or the exclusion from gross income for State personal income taxes of interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Bonds, the Bond Documents or any action of the City contemplated by any of said documents or in any way contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or the powers of the City or its authority with respect to the Purchase Agreement or any other applicable agreement, or any action on the part of the City contemplated by any of said documents;

7. To the best of our knowledge, the City is not in breach of or in default under any court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound, including the Bond Documents, a consequence of which could be to materially and adversely affect the ability of the City to perform their obligations under the Bonds, the Bond Documents or which, with the passage of time or the giving of notice or both, would constitute an event of default thereunder; and;

8. To the best of our knowledge, the adoption of the Bond Resolution and the execution and delivery of the Bonds and the Bond Documents, did not and will not conflict with or constitute a breach of or default under any applicable court or administrative decree or order, or under any loan agreement, note, ordinance, resolution, indenture, contract, agreement or other instrument to which B-3
the City is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability of City to perform their obligations under the Bonds or any Bond Documents.

The opinions set forth above are subject to the following additional qualifications:

General principles of equity, regardless of whether such enforceability is considered in a proceeding in equity or at law; and limitations imposed by bankruptcy, insolvency, fraudulent conveyance, receivership, conservatorship, reorganization, arrangement, liquidation, moratorium or other similar laws affecting the enforcement of creditors’ rights in general heretofore or hereafter enacted, as such laws may be applied in the event of bankruptcy, insolvency, reorganization, arrangement, receivership, conservatorship, liquidation, readjustment of debt or other similar proceedings of, or moratorium or similar occurrence affecting municipal corporations in the State.

We express no opinion as to matters governing by laws other than the laws of the State and the federal laws of the United States of America, or the enforceability of any choice of law provision in the documents described herein.

This opinion is solely for your benefit in connection with the transactions covered by the first paragraph of this letter and may not be relied upon or used by, circulated, quoted or referred to, nor may copies hereof be delivered to, any other person or for any other purpose without our prior written approval; provided, however, copies of this opinion may be included in the closing transcripts for the transactions connected with the issuance of the Bonds. We disclaim any obligation to update this opinion letter for events occurring or coming to our attention after the date hereof.

Respectfully submitted,

LOZANO SMITH LLP
C-1

APPENDIX C

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-2

SPECIAL TAX BONDS
(Replacement of CFD 2006-1)

CLOSING CERTIFICATE OF THE CITY
I, the undersigned, hereby certify that I am the ________ of the City of Chowchilla (the “City”), the City Council (the “City Council”) of which is the Legislative Body for Community Facilities District No. 2025-2 (the “Community Facilities District”), a community facilities district duly organized and existing under the laws of the State of California (the “State”) and I am authorized to execute this Certificate on behalf of the City in connection with the issuance of the above-captioned bonds (the “Bonds”). All capitalized terms herein not otherwise defined shall have the meanings given such terms in the Bond Purchase Agreement (the “Bond Purchase Agreement”), dated [BPA Date], by and between the City and Oppenheimer & Co. Inc.

I further certify on behalf of the City that:
(i) The representations, warranties and covenants of the City contained in the Bond Purchase Agreement, made on behalf of the City and the Community Facilities District, are true and correct in all material respects on and as of the date hereof as if made on the date hereof; (ii) The Community Facilities District Resolutions, Formation Documents and the City Documents are in full force and effect and have not been amended, modified or supplemented; (iii) Except as described in the Official Statement, there is no action, suit, proceeding, inquiry or investigation at law or in equity, or by any court or regulatory agency, public board or body pending, with respect to which the City or the Community Facilities District has been served with process, or to the best knowledge of the City or the Community Facilities District, threatened wherein an unfavorable decision, ruling or finding would: (a) affect the creation, organization, existence or powers of the City or the Community Facilities District, or the titles of their officers to their respective offices, (b) enjoin or restrain the issuance, sale and delivery of the Bonds, the levy or collection of the Special Taxes or any other moneys or property pledged or to be pledged under the Fiscal Agent Agreement, or the pledge thereof, (c) in any way question or affect any of the rights, powers, duties or obligations of the City or the Community Facilities District with respect to the Special Taxes or moneys and assets pledged or to be pledged to pay the principal of, premium, if any, or interest on the Bonds, (d) in any way question or affect any authority for the issuance of the Bonds, or the validity or enforceability of the Bonds or the proceedings relating to the issuance of the Bonds, or (e) in any way question or affect the Bond Purchase Agreement or the transactions contemplated thereby, the Official Statement or the City Documents; (iv) The information in the Preliminary Official Statement (other than statements pertaining to the book-entry system as to which no view is expressed) as of its date was and as of the date hereof is, and in the Official Statement (other than statements pertaining to the book-entry system as to which no view is expressed) as of its date was and as of the date hereof is, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading;
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(v) The City has complied with all agreements and covenants, and satisfied all conditions, on its part to be complied with or satisfied under the Bond Purchase Agreement and under the Community Facilities District Resolutions, the Formation Documents, the City Documents and the Official Statement at or prior to the date hereof; (vi) No event has occurred since the date of the Official Statement which either makes untrue or incorrect in any material respect as of the date hereof any statement or information contained in the Preliminary Official Statement or the Official Statement (other than statements pertaining to the book-entry system as to which no view is expressed) or is not reflected in the Official Statement but should be reflected therein in order to make the statements and information therein not misleading in any material respect;
(vii) The use of and distribution by the Underwriter of the Preliminary Official Statement and the Official Statement in connection with the offer and sale of the Bonds is hereby ratified; and (viii) The City and the Community Facilities District are each in compliance with all covenants set forth in the Fiscal Agent Agreement.

IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below.

Dated: [Closing Date] CITY OF CHOWCHILLA
By:

Its:

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APPENDIX D

CITY OF CHOWCHILLA
COMMUNITY FACILITIES DISTRICT NO. 2025-2

SPECIAL TAX BONDS
(Replacement of CFD 2006-1)
U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION CERTIFICATE The undersigned is an authorized officer of U.S. Bank Trust Company, National Association (the “Bank”), and as such, is familiar with the facts herein certified and is authorized and qualified to state and certify the following:
(i) The Bank is duly organized and existing as a national banking association under the laws of the United States of America, having the full power and authority to accept and perform its duties under the Fiscal Agent Agreement, dated as of June 1, 2026 (the “Fiscal Agent Agreement”) by and between the City and the Bank, as fiscal agent. Capitalized terms used herein and not otherwise defined have the meanings given to such terms in the Bond Purchase Agreement, dated [BPA Date], by and between the City and Oppenheimer & Co. Inc.; (ii) Pursuant to the Fiscal Agent Agreement, the Bank will apply the proceeds from the Bonds to the purposes specified in the Fiscal Agent Agreement; (iii) The Bank is duly authorized to accept the obligations created by the Fiscal Agent Agreement and to authenticate the Bonds pursuant to the terms of the Fiscal Agent Agreement;
(iv) The Fiscal Agent Agreement has been duly authorized, executed and delivered by the Bank and, assuming due authorization, execution and delivery thereof by the other parties thereto, constitutes a valid and binding agreement of the Bank enforceable against the Bank in accordance with its terms;
(v) The Bonds have been validly authenticated and delivered by the Bank pursuant to the Fiscal Agent Agreement;
(vi) No consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Bank that has not been obtained is or will be required for the authentication of the Bonds or the consummation by the Bank of the other transactions contemplated to be performed by the Bank in connection with the authentication of the Bonds and the acceptance and performance of the obligations created by the Fiscal Agent Agreement;
(vii) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body that has been served on the Bank or, to the best of its knowledge, threatened in any way affecting the existence of the Bank, or seeking to restrain or to enjoin the execution and delivery of the Fiscal Agent Agreement or the authentication of the Bonds, by the Bank, or in any way contesting or affecting the validity or enforceability, as against the Bank, of the Fiscal Agent Agreement or any action of the Bank D-2
contemplated by any of said documents, or in which an adverse outcome would materially and adversely affect the ability of the Bank to perform its obligations under the Fiscal Agent Agreement; (viii) The Bank is not in breach of or in default under any applicable law or administrative rule or regulation of the State of California (the “State”) or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the Bank is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability of the Bank to perform its obligations under the Fiscal Agent Agreement (provided, however, that the Bank does not certify as to compliance with State or federal securities laws); and (ix) The authentication of the Bonds, and the execution and delivery of the Fiscal Agent Agreement by the Bank, and compliance with the provisions of each, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, ordinance, resolution, Fiscal Agent Agreement, contract, agreement or other instrument to which the Bank is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the ability of the Bank to perform its obligations under the Fiscal Agent Agreement.

Chowchilla City CouncilJune 9, 2026

Chowchilla City Council
June 9, 2026