Regular Agenda

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, Planning Director Ken Zuidervaart, City Clerk Lynette Van Laar, Director of Public Works Ted Johnston, Police Chief Richard Bull

Planning Commissioners: Stan Hall, Mark Winchell, James Lewis, Debra Van Essen, Garry Krebbs

Zuidervaart presented the changes to Title 16 regarding fencing and screening regulations and dimension regulations. He requested that the Council and Commissioners review the information and bring back any questions or suggestions by February 16. He will make those changes before presentation to the Planning Commission for approval.

The meeting was called to order as indicated at 7:00 p.m. with Vice Mayor Winn 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 Matt Machado, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, City Clerk Lynette Van Laar, Deputy City Clerk Jeanne D. Hall, Director of Public Works Ted Johnston, Police Chief Richard Bull, Recreation Director Kye Stevens, Lorraine Goff, Diane and Thom Patten, Brigitte and Stuart Long, Mike and Laura Roberson, Bernice Finley, Roz Combley, Shirley Nutt, Stacy and Darryl Peters, Leslie Van Der Weij, Kim Long, Bill Long, Francis Groen, Kim Anderson, Navid Fardanesh, Andy Varian, Mark Winchell, Ginger Eskes.

Thom Patten, Ripon, said he was disturbed that City Hall did not close for Martin Luther King Day. He said that City employees are offered three float days along with the other standard holidays, and he wanted to know the rational behind that policy.

Bill Long, Ripon, said his daughter was almost hit by a police car at a dark intersection. He said the City needs better lighting. Mayor Pernice asked the Police Chief to follow up.

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

Council Member Nutt requested that Items 3C and 3D be pulled from the Consent Calendar for discussion.

Vice Mayor Winn requested that Item 4H be pulled from the Consent Calendar for discussion.

MOTION: MOVED, SECONDED (WINN, 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	$5,798.75
		Retail Sales Tax	$129,600.00
		TOTAL		$135,398.75

	B.	COUNTY OF SAN JOAQUIN
		Municipal Sewer	$5,622.47
		Ripon Lighting	$1,132.51
		General Fund	$134,327.69
		TOTAL		$141,082.67

	C.	CHARTER COMMUNICATIONS
		Franchise Fees		$21,356.80

	D.	GILTON SOLID WASTE
		Franchise Fees		$7,312.34

2.	Bills, Invoices, Payments
	A.	JONES & STOKES
		Shadow Hawk Master Plan EIR		$13,029.47

	B.	KRAZAN & ASSOCIATES, INC.
		City Hall Expansion
		Invoice 0763130 (part)	$476.00
		Invoice 0763013 (part)	$331.84
		TOTAL		$807.84


2C.	SAN JOAQUIN IRRIGATION DISTRICT
	Water Service Agreement annual fee		$7,664.00

2D.	HERUM CRABTREE BROWN
	General	$6,678.95
	Police Department Matters	$2,842.36
	Code Enforcement	$338.13
	City Council Meetings (3.3 hours)	$0.00
	Ripon Farm Service Contamination	$545.45
	Shadow Hawk Development Agreement	$315.57
	TOTAL		$10,720.46

2E.	KELLER GROUP OFFICE ENVIRONMENTS
	City Hall/PD Expansion Project
	Invoice # 26165	$142,467.68
	Invoice # 26157	$15,530.96
	Invoice # 26156	$1,115.63
	TOTAL		$159,114.27

2F.	KINETICO
	Arsenic Removal Wells No. 9	$59,400.00
	Wells No.10	$75,600.00
			$135,000.00

2G.	ASSOCIATED PENSION CONSULTANTS
	Annual Administrative Service		$3,575.00


2H.	INCENTIVE NEW CREATION
	Wilma Round-about Landscaping Invoice #1698	$5,365.00
	Invoice #1699	$400.00
	Invoice # 1709	$13,000.00
	TOTAL		$18,765.00

2I.	DIEDE CONSTRUCTION, INC.
	Mistlin Baseball Fields Progress Payment	$3,405.60
	Retention: Stockman’s Bank	$378.40
	TOTAL		$3,784.00

2J.	INTERWEST CONSULTING GROUP, INC.
	Transportation Planning Consultant Progress Payment		$1,383.00

2K.	ECO-LOGIC
	Waste Discharge Report Progress Payment	$4,356.58
	WWTP - Best Practicable Treatment Progress Payment	$4,536.00
	TOTAL		$8,892.58

2L.	CONCO WEST, INC.
	Well No. 9 Arsenic Treatment Progress Payment		$33,556.64


2M.	MALCOLM PIRNIE
	Procurement of Arsenic Systems, Wells 9 & 10 Progress Payment		$2,843.80

2N.	CB&I
	Mistlin Water Tower Progress Payment		$148,720.28

2O.	McROY WILBUR COMMUNITIES, INC.
	Mavis Stouffer Park Improvements Progress Payment		$266,891.41

2P.	NEIL O. ANDERSON
	Mistlin Water Tower		$210.00

2Q.	CONCO WEST
	Well No. 10 Arsenic Removal	$74,932.93
	Wells 10 & 12 Blending Project	$75,337.64
	Well No. 12 Site Preparation	$17,112.90
	TOTAL		$167,383.47


3.	Resolutions
	A.	RESOLUTION NO. 07- 4
		RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON OF ITS INTENTION TO UNDERTAKE PROCEEDINGS FOR THE FORMATION OF AN ASSESSMENT DISTRICT TO BE KNOWN AS CORNERSTONE 1 ASSESSMENT DISTRICT NO. 07-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE MAINTENANCE OF CERTAIN LANDSCAPING, IRRIGATION SYSTEMS, ROUNDABOUTS (2) AND EQUIPMENT	This resolution begins the formation of Cornerstone I Assessment District No. 07-1 to collect assessments to pay for the maintenance of landscaping, irrigation, two round-abouts and equipment.


	B.	RESOLUTION NO. 07- 5
		A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON ORDERING AND DECLARING A CERTAIN STRIP OF LAND FOR HORIZON BUSINESS PARK NO. 1, DEDICATION OF PUBLIC UTILITY EASEMENTS, PARCEL MAP #06-04	This resolution declares a strip of land to be used for a public utility easement in the Horizon Business Park.


	C.	RESOLUTION NO. 07- 6	This item was pulled for discussion.
		A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON AUTHORIZING A LETTER OF RECOMMENDATION FOR FRANCIS GROEN TO SERVE ON THE SAN JOAQUIN COUNTY MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES	This resolution authorizes the Mayor to send a letter of recommendation for Francis Groen to be appointed to the San Joaquin County Mosquito Abatement Board of Trustees.


	3D.	RESOLUTION NO. 07-7	This item was pulled for discussion.
		A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON CERTIFYING THE APPOINTMENT TO AND SETTING THE TERM FOR A VACANCY ON THE COMMUNITY AND YOUTH COMMISSION	This resolution appoints Shirley Nutt to the Community and Youth Commission for a term of four years.

4.	Miscellaneous Items
	A.	ACME CONSTRUCTION CO., INC.
		City Hall Expansion Change Order No. 16	Approve Change Order No. 16 for changes to the electrical feeders, HVAC, and door locks.

	B.	MID-VALLEY ENGINEERING, INC.
		Wilma Avenue and Main Street Intersection Lane Modifications	Accept the proposal and authorize the Mayor to sign the agreement with Mid-Valley Engineering, Inc. for a permissive left yield on Wilma Avenue, roadway striping and signal design work. (Cost: $29,260.00)

	C.	QUARTERLY INVESTMENT POLICY REVIEW REPORT
		October - December 2006	Accept the quarterly investment policy review report ending December 2006.

	D.	DIEDE CONSTRUCTION
		Mistlin Baseball Fields and Amphitheater Final Acceptance	Accept the work completed by Diede Construction and authorize the filing of a Notice of Completion with the retention to be released 35 days after recording of notice.


4E.	BEKINS PACIFIC STORAGE COMPANY
	Addendum to Contract City Hall Move	Authorize the Mayor to sign the addendum to move and store the old city hall furniture. (Move: $1,400.00; Storage: $384.00 per month for 12 months)

4F.	ACME CONSTRUCTION
	City Hall / PD Expansion Change Order No. 17	Approve Change Order No. 17 for changes relating to building and fire code, and requested changes to some site work, security surveillance, lighting and furniture. (Cost: $28,879.00)

4G.	INSITE ENVIRONMENTAL, INC.
	Main Street & Stockton Avenue Rehabilitation Project	Approve the proposal to prepare the required environmental documents for CEQA and NEPA. (Cost not to exceed: $31,924.00)

4H.	SAN JOAQUIN COUNCIL OF GOVERNMENTS - This item was pulled for discussion.
	Cooperative Agreement Park & Ride Lot Jack Tone Road & Highway 99	Authorize the Mayor, City Engineer, and City Administrator to sign the Cooperative Agreement with SJCOG for Measure K funds for a new park & ride lot.

4I.	PRIVATE TECHNICAL ENGINEERING
	Joe Wells Edward Eshoo	Authorize the Mayor to sign the proposal for private technical engineering assistance provided by Joe Wells and Edward Eshoo, Registered Civil Engineers.


4J.	LEASE AGREEMENT
	Old Nestle Parking Lot David Sanders	Authorize the Mayor to sign the Lease Agreement with David Sanders for the old Nestle parking lot.

4K.	BEKINS
	Move Police Department Vault Files	Authorize the Mayor to sign the addendum for relocating the Police Department’s attic files. (Cost not to exceed: $3,490.00)

4L.	DAMON S. WILLIAMS ASSOCIATES
	Contract Augmentation	Approve the contract augmentation to develop the operations plans to be submitted to the Department of Health Services for Wells 10/12 blending plan and Wells 9/10 arsenic treatment systems. (Cost: $19,282.00)

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 wanted to publically recognize Francis Groen for volunteering to be appointed to the San Joaquin County Mosquito Abatement Board of Trustees.

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA - ABSENT) TO APPROVE RESOLUTION NO. 07-6.

Council Member Nutt said the applicant is his daughter-in-law and therefore he will abstain from voting.

MOTION: MOVED, SECONDED (UECKER, WINN) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA - ABSENT, NUTT - ABSTAINING) TO APPROVE RESOLUTION NO. 07-7.

Vice Mayor Winn said that the lot will have 75 parking spaces and is expected to be completed in November. This project will be paid for with Measure K funds.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA - ABSENT) TO AUTHORIZE THE MAYOR, CITY ENGINEER, AND CITY ADMINISTRATOR TO SIGN THE COOPERATIVE AGREEMENT WITH SJCOG FOR MEASURE K FUNDS FOR A NEW PARK & RIDE LOT.

City Clerk Van Laar introduced the annual report stating that it shows what fees were collected and how it was spent.

MOTION: MOVED, SECONDED (WINN, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA - ABSENT) TO APPROVE THE AB1600 ANNUAL REPORT.

Planning Director Zuidervaart introduced the report stating that Chapter 16.172 needed clarification and modification regarding freeway-oriented business signs and subdivision directional signs. He briefly described the changes that needed to be made, including that freeway signs must be 1,000 feet apart, but 500 feet from any residence, and off-site subdivision directional signs must be removed prior to the finalization of the last residential unit, or sale of the last lot in a custom subdivision.

Mayor Winn discussed the problem of not enough signage for all the businesses in a particular development. He said this may limit the business that would come by the interchange. He stated that we do not want a jumble of signs, but their concerns need to be addressed.

Zuidervaart said that developers need to plan ahead when they put up the multi-space structures. He said that some structures leave no provisions to expand. He said that the City does not want too many signs, but we want businesses to succeed.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA - ABSENT) TO APPROVE THE AMENDMENTS TO THE DEVELOPMENT CODE, CHAPTER 16.172 REGARDING SIGN REGULATIONS WITH THE CONDITION THAT THE COUNCIL LOOK AT FUTURE RAMIFICATIONS OF THIS ORDINANCE, AND ADOPTED THE NEGATIVE DECLARATION (PEA06-42).

Planning Director Zuidervaart said that the City collects fees for habitat conservation. It was determined that the fees collected

5.	PUBLIC HEARINGS		Notes:

	A.	AB1600 REPORT
		July 2005 - June 2006	This is a public hearing on an annual report of capital fees covered under Government Code Section 66000.


B.	ZONING TEXT AMENDMENT (TAZ06-03)
	Sign Regulations	This is a public hearing to consider an amendment to the Development Code, Chapter 16.172 regarding sign regulations. A Negative Declaration (PEA06-42) is recommended for this project.


5C.	SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE
	RESOLUTION NO. 07-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON AMENDING THE SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN (SJMSCP) DEVELOPMENT FEE	This is a public hearing to consider increasing the Development Fee for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan for all new development in the City of Ripon. A resolution is recommended.