Regular Agenda

Pending Litigation Pursuant to Section 54956.9 of the California Government Code

ROLL CALL: Council members Elden R. Nutt, Dean Uecker, Vice-Mayor Chuck Winn, Mayor Curt Pernice

OTHERS PRESENT: City Administrator Leon Compton, City Engineer Kevin Werner, City Attorney Tom Terpstra, City Clerk Lynette Van Laar.

ROLL CALL: Council Members Elden R. Nutt, Dean Uecker, Vice Mayor Chuck Winn, Mayor Curt Pernice

Others Present: City Administrator Leon Compton, City Attorney Tom Terpstra, Director of Planning Ken Zuidervaart, City Engineer Kevin Werner, City Clerk Lynette Van Laar, Deputy City Clerk Jeanne D. Hall, Director of Public Works Ted Johnston, Development Specialist Sheryl Prater, Rick Hanks, Nancy Brunold, Charlie Gay, Vi Sikkema, Karen Messner, Kevin Hayes, David Thompson, Roberta Davidson, Elsa Taylor, Wendy Benavides, Mark Schultz, Ginger Eskes, Jackie Costa, Michele Cook, Shirley Ann Williams, Breanna Lake, Mary Jo Malone, Steve DeBrum, Veronica De Brum, Barbara Schneider, Max Pierce, Brad Koch~~, Tommy Ha~~, Rachael Gibson, Brianna Yama~~, Khalid Af~~, Alexx Meneses, Linda Ahensto, David Price, Krish Puper, Oliver Kolwitz, Daniel Zepeda, Alex Rodriguez, Clarissa Hudson, Monica Aceves, Katie Merkling, Andy Varian, Cameron Marxmiller, Amber Foerestering, Angela Garzoli, Jon Garzoli, Nicole Scott, Danielle Rodriguez, Sandy Iceo, Bob Trimboli, Sophie Howard, Chad Ratto, Jeremy Fondse, Nelson Cleaver, Edgar Lujono, Eduardo Martinez, Alicia Silva, Colton Wright, Navid Fardanesh, Sharron Cook, Nancy Laurence, Lisa Suender, Joel Talbot, Dorothy Booth, Gaynl & Irwin Trotter, Jack McDougald, Jamie Surratt, Sarah Grimmett.

Development Specialist Prater presented her report and stated that the Housing and Loan Committee is requesting that the Council and Agency approve assisting low and moderate income buyers in purchasing

preowned homes and deed restricting these homes under the City’s BMR housing program. Prater said that the County Assessor’s Office told her that the property tax assessment will be based on the Low Market rate. The buyers must complete the BMR loan documents which include the Deed of Trust, Buyer’s Resale Agreement, Disclosure Statement, Note and Addendum to the Purchase Contract.

Pernice said this new plan is different from what the City has done in the past in that the money will come from Redevelopment funds.

Prater said that some money for the program comes from Low-Mod, in-lieu fees, and some payoffs.

Pernice said that this is a new and different plan, and there are other alternatives for this Redevelopment money.

Mark Wilbur, McRoy Wilbur Communities, said that he has presented an idea to the City. The Downtown Committee and some members of the Redevelopment Agency have been meeting for six months about revitalizing down town. He has suggested a condominium in the urban core to create a retail, office and condo complex. He said he will know in 45 days if this idea can work. The project would clean up some structures in the down town area. Wilbur said that mixed-use projects are becoming more common, but he needs Redevelopment funds. The profile of the buyer would be single women, young marrieds, or empty nesters. The units would be anything from studio to 2-bed and 2-bath units.

Wendy Benavides, Remax, said she has two buyers who live and work in Ripon. She said that the GAP program will not work for them – the need the BMR program.

Nancy Brunold said she has a client that needs the BMR program. She said she would like the plan open to resale homes.

Council Member Uecker said that he is on the committee, and he likes both plans.

City Administrator Compton, said that the City can do both, but it gets down to the size of the pot of money. There is money set aside for other projects, but some of those projects are not moving forward so the money is in flux.

Compton said that 20% of the Redevelopment funds must go to housing. He said the City receives between $800,000 and $1million per year.

Pernice said he is concerned about putting all the money in the BMR program. He would like to see if Wilbur’s project will work.

Uecker said that there are some home sales pending on this money, and we should make it all work.

Benavides said the City could support the BMR program and revisit it in a year. She said that Wilbur could do his project next year.

Pernice asked how many home sales are pending. He said he does not want to kill Wilbur’s project.

Council Member Nutt said he would like to do both projects. Can’t the home sales wait 45 days.

Benavides asked that half the Redevelopment funds be set aside now for the BMR program. She said that their sales are ready to go.

Wilbur said he did not want to undermine the realtor’s project, but there are some unknowns for his project. He just needs enough money to cover his project. He needs to know the number of BMR units required in his project. He said he does not want to obstruct their project. The Downtown Committee has been meeting for months.

Pernice said that he just heard of Wilbur’s project on Friday, and 45 days is not unreasonable, and this can benefit both sides. At the end of the day, we just want to get people into homes.

Compton said that it is a matter of public policy. The dilemma is that the Council wants to help as many people as possible. Do they spend the money to help a few people, or on another project that helps several families. Wilbur’s proposal just came up and it has the potential to help significantly more people than the BMR program. The BMR program will help five or six people, but Wilbur’s project may help 20 families. This money must go to help low-income families.

Vice Mayor Winn said that Ripon has aggressively pursued the goal of providing low-income housing. What is best overall. All families are legitimately entitled. He said he is reluctant to make a decision until he has the ability to see all the options. He said he is very concerned about the downtown area – it should be the focal point. The downtown should be the best it can be. He wants to hear more from both sides.

Nutt said he wants to see both programs continue, but he is interested in the downtown project. He wants to wait to see if there is enough money. Waiting 45 days is not going to change anything.

The meeting was called to order as indicated at 7:00 p.m. with Council Member Uecker leading in the Pledge Allegiance to the Flag

ROLL CALL: Council Members Elden R. Nutt, Dean Uecker, Vice-Mayor Chuck Winn, Mayor Curt Pernice

OTHERS PRESENT: City Administrator Leon Compton, City Engineer Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, City Clerk Lynette Van Laar, Deputy City Clerk Jeanne D. Hall, Information Systems Technician Dan Brannon, Director of Public Works Ted Johnston, Lieutenant Ed Ormonde, Recreation Director Kye Stevens, Development Specialist Sheryl Prater, Rick Hanks, Nancy Brunold, Charlie Gay, Vi Sikkema, Karen Messner, Kevin Hayes, David Thompson, Roberta Davidson, Elsa Taylor, Wendy Benavides, Mark Schultz, Ginger Eskes, Jackie Costa, Michele Cook, Shirley Ann Williams, Breanna Lake, Mary Jo Malone, Steve DeBrum, Veronica De Brum, Barbara Schneider, Max Pierce, Brad Koch~~, Tommy Ha~~, Rachael Gibson, Brianna Yama~~, Khalid Af~~, Alexx Meneses, Linda Ahensto, David Price, Krish Puper, Oliver Kolwitz, Daniel Zepeda, Alex Rodriguez, Clarissa Hudson, Monica Aceves, Katie Merkling, Andy Varian, Cameron Marxmiller, Amber Foerestering, Angela Garzoli, Jon Garzoli, Nicole Scott, Danielle Rodriguez, Sandy Iceo, Bob Trimboli, Sophie Howard, Chad Ratto, Jeremy Fondse, Nelson Cleaver, Edgar Lujono, Eduardo Martinez, Alicia Silva, Colton Wright, Navid Fardanesh, Sharron Cook, Nancy Laurence, Lisa Suender, Joel Talbot, Dorothy Booth, Gaynl & Irwin Trotter, Jack McDougald, Jamie Surratt, Surah Grimmett.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA, ABSENT) TO APPROVE TO APPROVE OF THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF OCTOBER 16, 2007.

Council Member Nutt pulled Items 2M and 4E from the Consent Calendar for discussion.

MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA, ABSENT) TO APPROVE THE AGENDA AS AMENDED.

1.	Income
	A.	STATE OF CALIFORNIA
		Motor Vehicle License Fee	$3,389.25
		Highway Users Tax	$22,438.61
		Transportation	$84,989.60
		Retail Sales Tax	$161,400.00
		TOTAL		$272,217.46

	B.	COUNTY OF SAN JOAQUIN
		COG-LTA Measure K	$56,531.56
		COG LTF	$39,400.00
		COG STA	$14.00
		General Fund	$10,811.24
		TOTAL		$106,756.80

	C.	CHARTER COMMUNICATIONS
		Franchise Fee		$21,423.43

	D.	SPRINT NEXTEL
		Lease		$419.28

	E.	AT&T
		Lease		$811.10

	F.	GILTON SOLID WASTE MANAGEMENT
		Franchise Fees		$7,497.77

	G.	T-MOBILE
		Base Rent		$725.92

2.	Bills, Invoices, Payments

	A.	DON PEDRO PUMP
		Wells No. 15 & No. 16 Progress Payment	$16,819.11

	B.	GROVER LANDSCAPE SERVICES
		Veteran’s Wall Mini-Park	$23,174.00

	C.	JONES & STOKES
		Shadow Hawk Master Plan EIR	$8,136.14

	D.	BEKINS
		Furniture Storage	$330.00

	E.	INTERWEST CONSULTING GROUP
		Transportation Planning Consultant Progress Payment	$6,260.00

	F.	THE SOURCE GROUP
		Well Operations Management Progress Payment	$6,060.00

	G.	ASSOCIATED RIGHT-OF-WAY SERVICES, INC.
		Main St./Stockton Ave. Rehab Progress Payment	$57.50


2H.	INSITE ENVIRONMENTAL, INC.
	Well No. 9 - Arsenic Treatment Progress Payment		$2,820.00

2I.	WGR SOUTHWEST
	Development of Storm Water Standards Progress Payment		$3,579.75

2J.	O’DELL ENGINEERING
	Jack Tone Road Class I Bikeway		$2,863.27

2K.	NEIL O. ANDERSON & ASSOCIATES
	South Frontage Road, Phase 2 Progress Payment	$386.00
	Jack Tone Road Class I Bikeway Progress Payment	$1,016.00
	TOTAL		$1,402.00

2L.	METRO TRAFFIC DATA INC.
	Traffic Count 2007 Progress Payment		$6,990.00

2M.	GEORGE REED, INC.	Item 2M was pulled for discussion.
	Jack Tone Road Class I Bikeway		$528,902.67

2N.	PROFESSIONAL VIDEO & SOUND
	Council Chambers		$17,182.56


2O.	THOMAS H. TERPSTRA, ATTORNEY AT LAW
	General	$9,795.90
	Shadow Hawk	$1,450.76
	TOTAL		$11,246.66

2P.	SIEGFRIED ENGINEERING, INC.
	Mistlin Water Tower Repair & Investigation Progress Payment		$2,994.74

2Q.	JOHNSON CONTROLS, INC.
	Induction Street Lighting Progress Payment		$42,042.00


4.	Miscellaneous Items
	A.	MHW SOFT
		Purchase software to update water master plan.	Authorize the purchase of “Info Water Suite 4.0" and licensing for use by the Engineering Department to update the Master Water Plan. (Cost: $6,000.00)

	B.	HCS ENGINEERING, INC.
		Mistlin Sports Park - Parking Lot Lighting	Authorize the Mayor to accept the proposal and sign the contract with HCS Engineering, Inc. to provide electrical engineering for the Mistlin parking lot lighting. (Cost: $1,000.00)

	C.	GEORGE REED, INC.
		Jack Tone Road Class I Bikeway Change Order No. 7	Authorize the Mayor to sign Change Order No. 7 to relocate mailboxes and lower a manhole cover. (Cost: $3,290.30)

	D.	MID-VALLEY ENGINEERING
		Main St. / Stockton Ave. Rehab Amendment No. 4	Authorize the Mayor to sign the Contract Amendment No. 4 to move budget dollars from one item to another. (Cost: $0.00)

	E.	MTJ ENGINEERING	Item 4E was pulled for discussion.
		On-Call Roundabout Engineering	Authorize the Mayor to accept the proposal and sign the contract for on-call roundabout engineering services. (Cost not to exceed: $25,000.00)


4F.	EMPLOYEE COMPUTER PURCHASE PLAN LOAN AGREEMENT
	Gail Fry	Authorize the computer purchase and loan agreement for Gail Fry. ($1,764.82)

4G.	CITY NATIONAL BANK
	Escrow Agreement	Authorize the Mayor to sign the escrow agreement establishing the retention account between the City of Ripon and George Reed, Inc. regarding the construction of the Jack Tone Road Class 1 Bikeway.

4H.	CONTRACT
	South San Joaquin Crisis Center	Authorize the Mayor to sign the agreement with the South San Joaquin Crisis Center allowing them to use office space in the Ripon Police Department. Council approved the use of the space on October 16, 2007.

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA, ABSENT) TO APPROVE THE CONSENT CALENDAR.

Council Member Nutt said he has received a lot of calls about the drinking fountains, and he saw on the invoice that they cost $9,700.00 each. He asked if this amount is correct.

City Engineer Werner said that the cost is correct, and it is for tapping into the potable water supply and connecting to the fountains.

Council Member Uecker said that the water fountain by Canal and Jack Tone Road is too close to the road. Uecker asked why is it not closer to the sidewalk.

Werner said it is a safety hazard and he is working with the contractor to correct that.

MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA, ABSENT) TO APPROVE THE INVOICE FOR GEORGE REED, INC.

Council Member Nutt said that we are always hiring consultants and asked if we need another study.

City Engineer Werner said that MTJ Engineering, Denver, Colorado, is the specialist in roundabouts. Their help is not for a specific roundabout, but we can go them with questions. If a developer designs a roundabout, MTJ can review the plan so we won’t run into the same problems we have run into in the past. They can help us fix the ones we have. The contacts will be made over the internet.

Mayor Pernice said we have already had comments on three roundabouts, and this is to foresee problems and correct them before the roundabouts are built.

MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA, ABSENT) TO APPROVE THE PROPOSAL FROM MTJ ENGINEERING AND AUTHORIZE THE MAYOR TO SIGN THE CONTRACT FOR ON-CALL ENGINEERING SERVICES.

5.	PUBLIC HEARINGS		Notes:

	A.	ABANDONMENT OF A CUL-DE-SAC SECTION ON PARALLEL AVENUE
		Resolution of Intention No. 07-66 was adopted on September 18, 2007.	This a public hearing on the City’s intention to abandon and vacate a cul-de-sac section on Parallel Avenue, located parallel to Highway 99 on the north east side; and to authorize the Mayor to sign the resolution ordering the abandonment of the cul-de-sac section on Parallel Avenue.

		RESOLUTION NO. 07-71
		RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON ORDERING THE VACATION OF A CUL-DE-SAC SECTION OF PARALLEL AVENUE, A DEDICATED STREET IN THE CITY OF RIPON LOCATED PARALLEL TO STATE ROUTE 99 ON THE NORTH EAST SIDE

Planning Director Zuidervaart introduced the staff report stating that in 2005, the City received a request from Tim Kelly to construct an industrial business park on Parallel Avenue. As part of the Conditions of Approval, Kelly was to provide a legal description for the abandonment of the portion of Parallel Avenue. Zuidervaart said the proposed action is consistent with the goals and policies of the Ripon General Plan.

MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA, ABSENT) TO ACCEPT THE PLANNING COMMISSION REPORT ON ITS DETERMINATION THAT THE LOCATION, PURPOSE AND EXTENT OF THE PROPOSED ABANDONMENT CONFORMS TO THE GENERAL PLAN AND ADOPTS THE RESOLUTION NO. 07-71 FOR THE VACATION FOR A PORTION OF PARALLEL AVENUE.

6.	ORDINANCES		Notes:

	Second Reading and Adoption
	A.	ORDINANCE NO. 759
		AN ORDINANCE OF THE CITY OF RIPON REZONING CERTAIN REAL PROPERTY IN THE CITY OF RIPON	This ordinance rezones certain property in the Heavy Industrial, Light Industrial, Community Commercial, Highway Service to Mixed Use. This property is located on N. Frontage Road. (GP07-01) (Z07-01)

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 759.

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 760.

City Attorney Terpstra said that the City has been successful in using code enforcement for people who live in their homes. The new challenge is dealing with foreclosed homes. He said he is not proposing a system to spend time in court. Some homes will be purchased and the improvements will be made.

Lisa Suender, Ripon, said that the City is going in the right direction. She said this is the state of affairs for many cities and will be for a very long time. She said she is concerned about the requirement for boarding windows because that would create a blighted look.

Terpstra said that boarding windows comes into play after one unauthorized entry. The Code Enforcement group can decide on a case-by-case basis.

Public Works Director Johnston said there is nothing in the Building Code to prevent people from boarding up their own windows.

Pernice said that Council may want to bring this back for further consideration. He does not want windows boarded without the consent of the Code Enforcement Committee.

Vice Mayor Winn said that this ordinance goes beyond abandoned properties and covers a lot of issues.


3.	Resolutions

	A.	RESOLUTION NO. 07-70
		RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON APPROVING CERTAIN TEXT CHANGES TO THE BMR (BELOW MARKET RATE) BUYER’S RESALE AGREEMENT	This resolution approves text changes to the Buyer’s Resale Agreement in the Below Market Rate program to allow the owner of a BMR home to sell to a buyer who is qualified under the City’s BMR program.


Discussion / No Action
6C.	ORDINANCE NO.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIPON ADOPTING THE REVISED TITLE 8.16 OF THE RIPON MUNICIPAL CODE	This ordinance pertains to abandoned properties (i.e., homes) and the consequence of deterioration and blight. This Chapter shall apply to all publicly and privately owned property within the Ripon city limits – to the extent allowed by law. Staff will present a summary of the ordinance for Council’s consideration.


Second Reading and Adoption
B.	ORDINANCE NO. 760
	AN ORDINANCE OF THE CITY OF RIPON REZONING CERTAIN REAL PROPERTY IN THE CITY OF RIPON	This ordinance rezones certain property in the City of Ripon from High Density Residential and Professional Office to Central Business District. (Z07-03) (PEA07-29)