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					                           March 27, 2012 Agenda
                           Regular Joint City Council/* Redevelopment Successor Agency Meeting
                           130 S Second St., Civic Center Plaza, Chowchilla
                           6:00 PM Closed Session • 7:00 PM Open Session


                                                           CALL TO ORDER

ROLL CALL:                 Mayor/Chairman:                        HEBERT
                           Mayor Pro TemNice Chair:               KOPSHEVER
                           Council/Board Members:                 ALEXANDER, HAWORTH, JACKSON

           City staff and contract employees present at the meeting will be noted in the minutes.


                                      PUBLIC ADDRESS - CLOSED SESSION ITEMS

 The City Council will call the meeting to order and conduct the roll call. Council will immediately convene into closed session after
              hearing any public comment on Closed Session. At 7:00pm the Council will recess into Open Session
                      and then resume Closed Session at the end of the meeting to address outstanding items.

                                                   6:00 pm CLOSED SESSION

   1.    Conference with Legal Counsel - Existing Litigation, Gov Code Section 54956.9 (a)
                     Number of Cases: 5

                           City of Chowchilla v. California Department of Corrections and Rehabilitation
                           Madera County Superior Court, Case number MCV-057653

                           Jay Kaplan v. US Bank
                           Los Angeles County Superior Court, Case number 11 K16170

                           Chowchilla v. Robinson
                           5th Appellate District, F059608

                           City of Chowchilla v. Nancy Red et al
                           Madera County Superior Court Case number MCV-056044

                           Chowchilla v. Antenucci's, et al
                           Madera County Superior Court Case Number MCV053394

   2: Conference with Legal Counsel ·Anticipated Litigation, Gov Code Section 54956.9 (b)
                   Potential litigation pursuant to subdivision (b) of section 54956.9:
                   Number of cases: 1


        In the event that not all the Items on the closed session agenda have been deliberated In the time provided, the City Council
                          may continue the closed session until the end of the regularly scheduled Council Meeting.



                                                     7:00 pm OPEN SESSION

INVOCATION:

PLEDGE OF ALLEGIANCE:

CLOSED SESSION REPORT:
 JOINT CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY Agenda                                                         March 27, 2012




                                                 CEREMONIAL/PRESENTATIONS

       1.   Oaths   of Office:
              o     Georgina Jimenez, CSO/Dispatcher
              o     John Markle, Police Officer II
              o     Heath Middleton, Reserve Police Officer


                                                          PUBLIC ADDRESS
This time is reserved for members of the audience to address the City Council/Agency Board on items of interest that are not on the
Agenda and are within the subject matter jurisdiction of the Council/Agency Board. It is recommended that speakers limit their
comments to between 3 to 5 minutes each and it is requested that no comments be made during this period on items on the Agenda.
Members of the public wishing to address the Council/Agency Board on items on the Agenda should notify the Mayor/Chairman when
that Agenda item is called. The Council/Agency Board is prohibited by law from taking any action on matters discussed that are not on
the Agenda, and no adverse conclusions should be drawn if the Council/Agency Board does not respond to public comment at this
time. Speakers are asked to please use the microphone, and provide their name and address. Prior to addressing the Council/Agency
Board, any handouts to be provided to City Clerk/Board Clerk who will distribute to Council/Agency Board and appropriate staff.



                                        COUNCIL AND STAFF REPORTS- Section 2

2.1:        COUNCIL REPORTS:                   Legislative Items:
                                               Oral/ Written Reports:

2.2:        COLLABORATIVE AGENCY COMMITTEE UPDATES:                                  Oral/ Written Reports:

2.3:        STAFF REPORTS:            Written/Oral Reports:

Items denoted with a~~~. are Redevelopment Successor Agency items and will be acted upon by the Redevelopment Successor Agency
Board. Agendas for all City Council/Redevelopment Successor Agency meetings are posted at least 72 hours prior to the meeting at the Civic
Center, 130 S. Second St., Written communications from the public for the agenda must be received by Administrative Services no less than
seven (7) days prior to the meeting date. 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. 705 at least 4 days
prior to the meeting.



                                               CONSENT CALENDAR - Section 3

3.1:        Consideration of Minutes of the Joint Council/Redevelopment Agency Meeting of March 13,
            2012 (Balkan)

3.2:        Consideration of General Payments and Payroll for the Month of March 2012 (Padilla)

3.3:        Consideration of Resolution # -12 Approving Job Descriptions and Amending Approved City
            Salary Sca.le to Include Additional Job Classifications (Balkan)

3.4:        Review of the General Fund Financial Position (Padilla)

3.5:        Consideration of Declaration of Surplus Property at Senior Center and Donation of Said
            Property to the Senior Club (Haupt)

3.6:        Affirmation of CAF Girls Softball Concession Agreement with City (Haupt)
 JOINT CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY Agenda                        March 27, 2012


3.7:    Consider Resolution# -12 Amending the Water Enterprise Fund Budget to Provide for the Cost
        of Water Well Design Services (Benelli)

3.8:    Consideration of a Resolution# -12 Accepting Proposed Stipulation for Collection of Sales Tax
        Agreement with Jaxon Enterprises (Ebersole)

3.9:    Consideration of a Resolution# -12 Accepting Proposed Settlement Agreement Between Kaplan
        Trust, US Bank, and the City (Ebersole)

3.10:   Consideration of a Resolution # -12 Accepting Proposed Settlement Agreement with Brown
        Armstrong (Ebersole)

3.11:   Consideration of a Resolution# -12 Accepting Proposed Settlement Agreement with Valley Land
        Development (Ebersole)

3.12:   Consideration of Minutes of the Joint Council/Redevelopment Agency Special Workshop
        Meeting of March 10, 2012 (Balkan)

3.13:   Authorization to Issue an Administrative Citation through the Weed   Abatement            Program
        (Fabino)


                                       PUBLIC HEARINGS- Section 4

4.1:    Consideration of a 2012 Community Development Block Grant Application and Authorization to
        Submit to the Granting Agency (Fabino)

4.2:    Second Reading of Ordinance# -12 to Approve an Amendment of the Chowchilla Municipal
        Code, Graffiti Chapter (Ebersole)


                                     DEFERRED BUSINESS- Section 5

5.1:    Review Position and Direction of High Speed Rail New Business Plan and Consideration of
        Resolution# -12 Supporting AB 1455 (Harkey) High Speed Rail Lemon Law (Fabino)

5.2:    Consideration of a Resolution# -12 Approving the Agreement for Solid Waste Disposal Services
        between the City of Chowchilla and Madera Disposal Systems, Inc. (Padilla)


                                        NEW BUSINESS- Section 6

6.1:    Consideration of Madera County Economic Development Commission 2012/13 Annual Basic
        Service Level Budget (Bobby Kahn, Executive Director MCEDC)

6.2:    Introduction and First Reading of Ordinance# -12 Amending Chowchilla Municipal Code, Water
        Meter Installations (Benelli)

6.3:    Approve City of Chowchilla City Counci12012 Goals (Lewis)


                                     ANNOUNCEMENTS- Section 7
JOINT CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY Agenda                                                                  March 27, 2012


Mar 30              Furlough Day, City Offices Closed
Apr 6               City Offices, with the exception of Public Safety, will be closed
Apr 7               City of Chowchilla's 37th Annual Easter Egg Hunt, S & L Park, 10:00 AM- 12:00 PM
Apr 10              City Council Meeting, Civic Center Council Chambers, 7:00 PM
Apr 11              Chowchilla Western Stampede Begins, Fairgrounds, (Event kicks off with the traditional cattle
                    drive down Robertson Boulevard at 10:00 a.m.)
Apr 11              Chamber of Commerce Board Meeting, Civic Center Public Training Room, 12:00 PM
Apr 13              Furlough Day, City Offices Closed
Apr 16              Airport Advisory Committee Meeting, Civic Center Council Chambers, 4:00 PM
Apr 17              Parks & Recreation Commission Meeting, Civic Center Council Chambers, 7:00 PM
Apr 18              Planning Commission Meeting, Civic Center Council Chambers, 7:00PM
Apr 19              Heritage Preservation Commission Meeting, Civic Center Council Chambers, 7:00 PM
Apr20               City Offices, with the exception of Public Safety, will be closed

                                                               ADJOURNMENT
NOTICE: Pursuant to Government Code §54954.3(a), public comments may be directed to the legislative body concerning any item contained on the
agenda for this meeting before or during consideration of the item. Those wishing to address Council on an item shall be limited to between 3-5 minutes
and if a large group, the Mayor may request that individuals provide only new information not presented by another person.


                                                           PUBLIC NOTIFICATION
I, Cindy Balkan, Chief Deputy City Clerk for the City of Chowchilla, declare under penalty of perjury that I posted the above City Council/ Redevelopment
Successor Agency Agenda for the meeting of March 27, 2012 at Civic Center, 130 S Second St., Civic Center Plaza, on March 22, 2012 at
 'f:,3Q           pm.
                            March 27, 2012 Fact Sheet
                           Regular Joint City Council/* Redevelopment Successor Agency Meeting
                           130 S Second St., Civic Center Plaza, Chowchilla
                           6:00 PM Closed Session - 7:00 PM Open Session


                                                            CALL TO ORDER

ROLLCALL:                  Mayor/Chairman:                        HEBERT
                           Mayor Pro TemNice Chair:               KOPSHEVER
                           Council/Board Members:                 ALEXANDER, HAWORTH, JACKSON
           City staff and contract employees present at the meeting will be noted in the minutes.


                                      PUBLIC ADDRESS - CLOSE:D SESSION ITEMS

 The City Council will call the meeting to order and conduct the roll call. Council will immediately convene into closed session after
              hearing any public comment on Closed Session. At 7:00pm the Council will recess into Open Session
                      and then resume Closed Session at the end of the meeting to address outstanding items.

                                                   6:00 pm CLOSED SESSION

   1.    Conference with Legal Counsel- Existing Litigation, Gov Code Section 54956.9 (a)
                     Number of Cases: 5

                           City of Chowchilla v. California Department of Corrections and Rehabilitation
                           Madera County Superior Court, Case number MCV-057653

                           Jay Kaplan v. US Bank
                           Los Angeles County Superior Court, Case number 11 K16170

                           Chowchilla v. Robinson
                           5th Appellate District, F059608

                           City of Chowchilla v. Nancy Red et al
                           Madera County Superior Court Case number MCV-056044

                           Chowchilla v. Antenucci's, et al
                           Madera County Superior Court Case Number MCV053394

   2: Conference with Legal Counsel - Anticipated Litigation, Gov Code Section 54956.9 (b)
                   Potential litigation pursuant to subdivision (b) of section 54956.9:
                   Number of cases: 1


        In the event that not all the items on the closed session agenda have been deliberated in the time provided, the City Council
                          may continue the closed session until the end of the regularly scheduled Council Meeting.



                                                     7:00   pm OPEN SESSION
INVOCATION:

PLEDGE OF ALLEGIANCE:

CLOSED SESSION REPORT:
 JOINT CITY COUNCIL/REDEVELOPMENT SUCCESSOR AGENCY Fact Sheet                                                     March 27, 2012




       1.    Oaths of Office:
                o Georgina Jimenez, CSO/Dispatcher
                o John Markle, Police Officer II
                o Heath Middleton, Reserve Police Officer




This time is reserved for members of the audience to address the City Council/Agency Board on items of interest that are not on the
Agenda and are within the subject matter jurisdiction of the Council/Agency Board. It is recommended that speakers limit their
comments to between 3 to 5 minutes each and it is requested that no comments be made during this period on items on the Agenda.
Members of the public wishing to address the Council/Agency Board on items on the Agenda should notify the Mayor/Chairman when
that Agenda item is called. The Council/Agency Board is prohibited by law from taking any action on matters discussed that are not on
the Agenda, and no adverse conclusions should be drawn if the Council/Agency Board does not respond to public comment at this
time. Speakers are asked to please use the microphone, and provide their name and address. Prior to addressing the Council/Agency
Board, any handouts to be provided to City Clerk/Board Clerk who will distribute to Council/Agency Board and appropriate staff.




2.1:        COUNCIL REPORTS:                   Legislative Items:
                                               Oral/ Written Reports:

2.2:        COLLABORATIVE AGENCY COMMITTEE UPDATES:                                  Oral/Written Reports:

2.3:        STAFF REPORTS:            Written/Oral Reports:

Items denoted with a.~.. are Redevelopment Successor Agency Items and will be acted upon by the Redevelopment Successor Agency
Board. Agendas for all City Council/Redevelopment Successor Agency meetings are posted at least 72 hours prior to the meeting at the Civic
Center, 130 S. Second St., Written communications from the public for the agenda must be received by Administrative Services no less than
seven (7) days prior to the meeting date. 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. 705 at least 4 days
prior to the meeting.




3.1:        Consideration of Minutes of the Joint Council/Redevelopment Agency Meeting of March 13,
            2012 (Balkan) PAGE 1

3.2:   Consideration of General Payments and Payroll for the Month of March 2012 (Padilla) PAGE 5
Presented are the lists of checks that are awaiting Council approval to be released.

3.3:   Consideration of Resolution # -12 Approving Job Descriptions and Amending Approved City
       Salary Scale to Include Additional Job Classifications (Balkan) PAGE 8
in the past job classifications have been added or updated per the needs of the City. Currently staff
recommends to establish a Staff Planner and Executive Assistant to the City Administrator/Chief Deputy City
Clerk positions and include the mentioned positions within the approved salary scale.

3.4:     Review of the General Fund Financial Position (Padilla) PAGE 20
Staff is presenting its monthly financial report reflecting the summarized activity of each fund and program for
activity posted through March 15th for the month ending February 29th. A detailed report is provided
separately on the city's website but is not included here due to its length.
 JOINT CITY COUNCIUREDEVELOPMENT SUCCESSOR AGENCY Fact Sheet                                March 27, 2012




3.5:    Consideration of Declaration of Surplus Property at Senior Center and Donation of Said
        Property to the Senior Club (Haupt) PAGE 33
There are currently three pool tables located in the Senior Center for recreational use for the seniors. The
tables were donated to the Center many years ago from unknown donors. The tables are aged and in need of
repair. The Senior Club, on behalf of the members at the Center, has expressed the desire to sell one of the
old tables (Table A) and use the proceeds to rebuild/refurbish one of the remaining tables (Table 8). If there
are additional funds left over, they will refurbish the last table (Table C). They are also requesting this in order
to make more room in the recreational pool table area.

3.6:   Affirmation of CAF Girls Softball Concession Agreement with City (Haupt) PAGE 36
During their league seasons in past years, the girls softball organizations have had first right of refusal to
operate the S & L concession stand. Concession agreements have been in place for this purpose.

Due to the shortness of time prior to the start of their season, an agreement was prepared and signed in order
for the league to be able to start selling concessions on March 10, 2012.

3.7:   Consider Resolution# -12 Amending the Water Enterprise Fund Budget to Provide for the Cost
       of Water Well Design Services (Benelli) PAGE 39
The City's Water Master Plan recommends constructing a new well on the southwest corner of Santa
Cruz Boulevard and Rose Avenue. The City purchased this property several years ago and drilled a
test well. All indications are that the water quality and quantities are good and the well will provide a
good source of high quality water for the future. The water system in this area was designed and built
to accommodate a pump in this location.

Staff is recommending that Council approve a budget amendment for $53,000 in this budget year.
The rest of the funds to construct the well will be allocated in the FY 2011/2012 Budget. Any funds
that are not spent this year will be carried over into the next budget.

3.8:     Consideration of a Resolution # -12 Accepting Proposed Stipulation for Collection of Sales Tax
         Agreement with Jaxon Enterprises (Ebersole) PAGE 43
Jaxon Enterprises has submitted an application to the City for an asphalt storage and transfer station to be
operated within the City limits. Over the past few months, City staff has been working with Jaxon Enterprises
to reach an agreement regarding the guarantee of sales tax produced as a result of the operation of the plant
in City limits, by virtue of, among other things, operating a sales office at the Chowchilla plant.

3.9:    Consideration of a Resolution # -12 Accepting Proposed Settlement Agreement Between Kaplan
        Trust, US Bank, and the City (Ebersole) PAGE 52
On October 12, 2011, the Kaplan Trust filed a lawsuit against the Trustee and U.S. Bancorp in the Superior
Court of the State of California for the. County of Los Angeles, Case No. 11K16170, seeking recovery for
damages suffered as a result of, among other things, U.S. Bank's negligent administration of its duties as
trustee. On November 22, 2011, US Bank Cross-Complained in the Action against the City. The parties, after
negotiations to informally resolve this action, have reached a tentative agreement.

3.10:  Consideration of a Resolution # -12 Accepting Proposed Settlement Agreement with Brown
       Armstrong (Ebersole) PAGE 58
Brown Armstrong served as the Auditor for the City and the Redevelopment Agency for a number of years.
Recently, a dispute has arisen between the City and Brown Armstrong regarding the quality of the audits
previously performed. Pursuant to the retention letter, the City and Brown Armstrong engaged the assistance
of a mediator to resolve the potential conflicts that had arisen between the City and Brown Armstrong.
Subsequent to the mediation, the attorneys for Brown Armstrong and staff have agreed to the terms of
settlement.
     JOINT CITY COUNCIUREDEVELOPMENT SUCCESSOR AGENCY Fact Sheet                             March 27, 2012


     3.11:    Consideration of a Resolution # -12 Accepting Proposed Settlement Agreement with Valley Land
              Development (Ebersole) PAGE 66
     Recently, a dispute has arisen between the City and the now-dissolved Redevelopment Agency on the one
     hand, and Valley Land Development, on the other regarding the legal effect of certain real property that Valley
     Land Development sought to have annexed into the City limits, and payments owed to a Community Facilities
     District. The parties attended mediation on the matter, and have agreed to resolving the dispute as outlined in
     the proposed Settlement Agreement.

     3.12:   Consideration of Minutes of the Joint Council/Redevelopment Agency Special Workshop
             Meeting of March 10, 2012 (Balkan) PAGE 72

     3.13:  Authorization to Issue an Administrative Citation through the Weed           Abatement         Program
            (Fabino) PAGE 79
     On January 24, 2012 the City Council considered and approved a resolution declaring weeds as a public
     nuisance. Since that time staff has been engaged in a property by property survey and is preparing to issue the
     Notice of Violation during the first week of April.

 Staff is recommending that we insert into the enforcement process issuance of an Administrative Citation,
 which carries a one-hundred dollar fine. This Administrative Citation would only be issued after the Notice of
 Violation and prior to/or with a Notice to Destroy Weeds.




 4.1:  Consideration of a 2012 Community Development Block Grant Application and Authorization to
       Submit to the Granting Agency (Fabino) PAGE 84
 The purpose of this hearing is to allow the Council and citizens of Chowchilla the opportunity to review and
 make comments regarding the submittal of the 2012 CDBG Application for various areas within the city.

 4.2:    Second Reading of Ordinance # -12 to Approve an Amendment of the Chowchilla Municipal
         Code, Graffiti Chapter (Ebersole) PAGE 90
 This item was continued from the March 13, 2012 City Council meeting for consideration of adoption.

1.      Staff Report.
2.      Mayor to open the Public Hearing and take comments. Any written comments are read into the record.
3.      Mayor to close the Public Hearing
4.      Mayor to introduce ordinance by title only and waive second reading of the ordinance amending the
        Chowchilla Municipal Code, Graffiti Chapter.
5.      Mayor entertains motion for adoption of the Ordinance.




 5.1:    Review Position and Direction of High Speed Rail New Business Plan and Consideration of
         Resolution# -12 Supporting AB 1455 (Harkey) High Speed Rail Lemon Law (Fabino) PAGE 96
 Assemblywoman Diane Harkey has requested support of AB 1455. The bill would halt state debt funding for
 the California High Speed Rail project to an amount contracted as of January 2013.

 5.2:   Consideration of a Resolution# -12 Approving the Agreement for Solid Waste Disposal Services
        between the City of Chowchilla and Madera Disposal Systems, Inc. (Padilla) PAGE 126
 The City of Chowchilla previously contracted with Madera Disposal Systems, Incorporated (MDSI) with the last
 agreement terminating in March 2008. On June 27, 2011 the City Council approved a new agreement with
 MDSI and further authorized the City Administrator to execute the new agreement subsequent to that meeting.
JOINT CITY COUNCIUREOEVELOPMENT SUCCESSOR AGENCY Fact Sheet                                                   March 27, 2012


Following that meeting, staff continued to meet with Madera Disposal to work out the final terms and conditions
of the agreement, resulting in the document that is being presented to Council.




6.1:  Consideration of Madera County Economic Development Commission 2012/13 Annual Basic
      Service Level Budget (Bobby Kahn, Executive Director MCEDC) PAGE 191
The Madera County Economic Development Commission (MCEDC) recommends the Chowchilla City Council
(Council) approve the 2012/13 Basic Service Level Budget as submitted.

6.2:   Introduction and First Reading of Ordinance# -12 Amending Chowchilla Municipal Code, Water
       Meter Installations (Benelli) PAGE 194
The State of California has mandated that all public water providers charge their customers a
metered rate instead of a flat rate. Chowchilla has over 3,500 water accounts and only about 1,500
of the accounts currently have meters. Most of the homes and business built after 1977 have water
meters but very few of the structures built before 1977 have meters. It will cost over two million
dollars to install meters on the homes and business that do not already have meters. Staff
recommends that each water user pay for the cost of the meter installation at their home or business.

   1. Staff Report.
   2. Mayor to introduce ordinance by title only and waive first reading of the ordinance amending the
      Chowchilla Municipal Code, Water Meter Installations.
   3. Mayor entertains motion to schedule the second reading and public hearing for the City Council
      meeting of April 10, 2012.

6.3:  Approve City of Chowchilla City Council 2012 Goals (Lewis) PAGE 199
On Saturday, March 101h. the City Council met in a Strategic Planning Workshop with members of the
community and city staff to review and discuss short and long term goals for the community.




Mar30         Furlough Day, City Offices Closed
Apr6          City Offices, with the exception of Public Safety, will be closed
Apr7          City of Chowchilla's 37th Annual Easter Egg Hunt, S & L Park, 10:00 AM- 12:00 PM
Apr10         City Council Meeting, Civic Center Council Chambers, 7:00 PM
Apr 11        Chowchilla Western Stampede Begins, Fairgrounds, (Event kicks off with the traditional cattle
              drive down Robertson Boulevard at 10:00 a.m.)
Apr 11        Chamber of Commerce Board Meeting, Civic Center Public Training Room, 12:00 PM
Apr13         Furlough Day, City Offices Closed
Apr16         Airport Advisory Committee Meeting, Civic Center Council Chambers, 4:00 PM
Apr17         Parks & Recreation Commission Meeting, Civic Center Council Chambers, 7:00PM
Apr 18        Planning Commission Meeting, Civic Center Council Chambers, 7:00 PM
Apr19         Heritage Preservation Commission Meeting, Civic Center Council Chambers, 7:00 PM
Apr20         City Offices, with the exception of Public Safety, will be closed


                              §54954.3(a), public comments may be directed to the legislative body concerning any item contained on the
                             cons:iden•tion of the item. Those wishing to address Council on an item shall be limited to between 3-5 minutes
                                                                 information

				
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