Ripon City Council Minutes

TUESDAY, APRIL 17, 2007 - 7:00 P.M.

WORKSHOP: 

The City of Ripon workshop was called to order at 6:00 p.m.

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

Others Present: City Administrator Leon Compton, City Attorney Tom Terpstra, Director of Planning Ken Zuidervaart, Interim City Engineer Pete Santina, City Clerk Lynette Van Laar, Deputy City Clerk Jeanne D. Hall, Director of Public Works Ted Johnston, Recreation Director Kye Stevens, Garry Krebbs.

SUBJECT: Training in the New Council Chambers

Everyone was shown how to use the new touch screens and were given a preview of what can be done with the new electronic equipment. Not all the equipment was set up as the installers are still working on the system. Through our testing of the equipment, the installers were able to see where changes needed to be made, and the Council also made some suggestions about the hand-held mikes. City Administrator Compton said that a larger screen will also be installed so that full size documents can be viewed by the audience.

There being no further business, the workshop was adjourned at 6:50 p.m.

REGULAR MEETING

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

INVOCATION: Mayor Pernice gave the invocation, remembering Officer Robert Winget, Public Works Employee Doug Veltkamp, and the students at Virginia Polytechnic Institute.

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

OTHERS PRESENT: City Administrator Leon Compton, Interim City Engineer Pete Santina, 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, Recreation Director Kye Stevens, Lorraine Goff, Bernice Finley, Chris Davis, Heather Pinta, Terrie Baker, Chris Brady, Jeannette Ortiaga, Stu & Brigitte Long, Ernie Tyhurst, Andy Varian , Navid Fardanesh, Joe & Judy Luis, Gaynl Trotter, Ginger Eskes, Diego Walos, Shirley Nutt, Mary Ann Fiedler, Ignacia Posairo, Nick Collins, Oliver Pryor, Jenna Brown, Maria Hernandez, Drew Goodrich, Jeff Frase, John Perry, Cindy Perry, Robby Perry.

PUBLIC DISCUSSION: No one from the public wished to speak at this time.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF APRIL 3, 2007.

MOTION: MOVED, SECONDED (WINN, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSTAINING) TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MINUTES OF APRIL 6, 2007.

CITY ATTORNEY TERPSTRA to report on the Closed Session held on April 6, 2007.

City Attorney Terpstra said that no action was taken at the meeting. Staff was directed to investigate further.

APPROVAL OF AGENDA AS POSTED (OR AMENDED):

City Attorney Terpstra pulled Item 4D from the Consent Calendar for discussion.

Mayor Pernice pulled Item 3H from the Consent Calendar for a separate vote.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE AGENDA AS AMENDED.

CONSENT CALENDAR, continued:

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CONSENT CALENDAR, continued:

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE CONSENT CALENDAR.

Discussion on Item 3H.

Mayor Pernice said he wanted to abstain from the vote because he lives in the Carolina’s Assessment District.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 4-0 (PERNICE ABSTAINING) TO APPROVE THE CITY ENGINEER’S ANNUAL REPORT FOR THE CAROLINA’S LANDSCAPE MAINTENANCE DISTRICT ASSESSMENT DISTRICT AND SETS THE TIME AND PLACE OF THE PUBLIC HEARING TO BE ON JUNE 5, 2007 IN THE CITY OF RIPON CITY COUNCIL CHAMBERS.

Discussion on Item 4D.

City Attorney Terpstra said that there is a fence that is non-conforming on the property; however, he said he would recommend acceptance of this project with the conditions that Main Street Development providing a one year maintenance bond in the amount of $441,225.00, to be released upon the recordation of the deed from Main Street Development to Wagner Woods II, LLC, and further contingent upon the replacement of the existing non-conforming fence adjacent to lot 1 to the satisfaction of the City Engineer. Terpstra said that the individuals needing the minutes for the Wagner Woods project only need the page with their motion – not the entire minutes.

MOTION: MOVED, SECONDED (WINN, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSTAINING) TO ACCEPT THE WAGNER WOODS, UNIT 1 AND UNIT 2 SUBDIVISION IMPROVEMENTS CONTINGENT UPON MAIN STREET DEVELOPMENT PROVIDING A ONE YEAR MAINTENANCE BOND IN THE AMOUNT OF $441,225.00, TO BE RELEASED UPON THE RECORDATION OF THE DEED FROM MAIN STREET DEVELOPMENT TO WAGNER WOODS II, LLC, AND FURTHER CONTINGENT UPON THE REPLACEMENT OF THE EXISTING NON-CONFORMING FENCE ADJACENT TO LOT 1 TO THE SATISFACTION OF THE CITY ENGINEER.

Council Member Restuccia said he was abstaining because Wagner Woods II, LLC is one of his clients.

PRESENTATION OF PROCLAMATIONS

Mayor Pernice presented a proclamation to Shirley Nutt who was representing SNAFU. This is a support group for families with children with disabilities, specifically autism.

Mayor Pernice presented a proclamation to Jeannette Ortiaga, the representative of the Women’s Center of San Joaquin County, and she presented posters, pins, and information for the City.

PUBLIC HEARING OPENED

No one from the public wished to speak at this time.

PUBLIC HEARING CLOSED

MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE RESOLUTION NO. 07-36 ORDERING THE FORMATION OF AN ASSESSMENT DISTRICT TO BE KNOWN AS CORNERSTONE 1 LANDSCAPE ASSESSMENT DISTRICT NO. 07-1.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 751.

AYES:              Restuccia, Nutt, Uecker, Winn, Pernice

NOES:              None

ABSENT:         None

ABSTAIN:       None

MOTION: MOVED, SECONDED (NUTT, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO APPROVE RESOLUTION NO. 07-37 TO SUPPORT MEASURE O, THE RIPON CONSOLIDATED FIRE DISTRICT’S SPECIAL TAX TO FUND FIRE AND PARAMEDIC SERVICES.

Discussion after the vote:

Council Member Restuccia said he was on the Blue Ribbon Committee that wrote Measure O.

Mayor Pernice said the Fire District does an outstanding job, and this tax will help increase their response time. Pernice added that during the planning of Officer Winget’s memorial, the City and the Fire District worked as one – it was seamless. He said that the Fire District’s support was absolutely tremendous.

Mayor Pernice recommended Vice Mayor Winn and Council Member Uecker recommended Council Member Nutt to the City/County Criminal Justice Task Force.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE APPOINTING VICE MAYOR WINN AND COUNCIL MEMBER NUTT TO THE CITY/COUNTY CRIMINAL JUSTICE TASK FORCE.

Mayor Pernice said he requested that this item be placed on the agenda. He said that in 2005, Council Member Restuccia convinced the Council of Governments (COG) Board to relieve a balloon payment. The Jack Tone Interchange was not in the original plan; however, when the City annexed that area, the interchange was brought into the plan. The traffic on the old interchange was a Level ‘D’ and was very hazardous. Jack Tone Road is a regional road (25 miles from Ripon to Lockeford). Pernice said the Council approached Bart Meays, who was COG Director at that time, to get funding for the interchange. Ripon was awarded funding because we were the only city with a project ready to go. It was a $6 million loan. Ripon’s contribution was to be 44%. For more than ten years, the Council has asked COG to forgive the loan, but we were told there was no money; however, there was money available for other projects that were not in the original plan. Pernice said the 44% is the largest loan the COG has required to be paid back. In 2005, COG said they would relieve the balloon payment if Measure K was renewed. The staff on COG has interpreted their minutes, and the language is ambiguous at best, that the balloon payment goes away, be we have to pay the interest on that loan which is $372,000.00. Pernice said COG has money in every category and has the capacity to not charge the interest. Pernice said that COG does great things, and relieving this debt is fair and right. We need money for roads, City Hall, the Police Department, and the Public Works Department. He said he would like to meet with the committee. He said the City should not have to pay the interest on a loan we no longer have. Pernice said he would like to send a letter to the meeting on Thursday, and he asked the public to call the Council of Governments and ask for forgiveness of the loan. Pernice added that COG has done a lot for Ripon: the Jack Tone Interchange, the bike bridge, and many other things, and he appreciates that.

DISCUSSION ITEMS. continued:

Council Member Restuccia said that in the beginning, COG was charging 4% or 5% interest on our loan, but they reduced it to 1.75%. He said that in April of 2005, Jack Seiglock, who was on the Board of Supervisors, made a motion that is unclear. When Measure K was renewed, the debt was forgiven, but the confusion is – when did the debt go away, and is the interest on the remaining balance or on the whole amount. He said he will also be at the Board meeting to ask for clarification. He has listened to the tape of the meeting, and the motion is unclear, or is inconsistent with what is happening.

Vice Mayor Winn said that Restuccia was aggressively pursuing relief of the debt. He said there are three ways to interpret the motion: 1) continue to make the payment on the total debt, and in 2011, $3.8 million will be waived; 2) only pay interest on the $3.8 million; 3) forgive the balloon and the interest. Winn said he wants to know the intent of the motion made in April 2005.

Andy Chesley, Executive Director of COG, brought the tapes and other documents that Mayor Pernice requested. He said that $3.8 million is the principal and $59,000 is the interest. He said he agrees with how Winn interpreted the motion. He said that Seiglock agrees with Restuccia.

Pernice said the COG staff got animated when he stated the motion was ambiguous.

Chesley said the action is identified in the minutes, and the loan remains in place until 2011. He said the Measure K renewal makes the payment after 2011. Chesley said the motion was made in over more than seventeen minutes of conversation. The motion should have been restated at the end for the vote. He added that the Executive Committee will review the motion.

Pernice said that that is what he wants. He wants it to go to the Committee without bias to clear up the misunderstanding. Pernice said that knowing it will go to the Executive Committee, he is encouraged.

Winn asked if the issue is over the interpretation of the motion; or, of the policy about loan forgiveness; or, if COG does not have the money to forgive the loan.

Chesley said he doesn’t think the Committee is considering any other questions except the motion on April 2005.

Winn asked if there is a policy that would prevent the City of Ripon to request forgiveness.

Chesley said the Board has loan policies, but not about forgiveness. Should the City of Ripon make the payments, or should the Measure K renewal make the payments? The bottom line is that the Board makes the policy decisions.

Winn said the City makes payments on changes to many projects – there is always flexibility. The discussion should be about funds generated in the new Measure K. COG will get $5 billion over 30 years, and San Joaquin County has been supplied with extra funds, so doesn’t COG have the ability to make adjustments? Does this allow the City of Ripon to ask forgiveness?

Chesley said that the simple answer is “Yes.”

Pernice said he is asking for advocacy for the City of Ripon. He said that, for us, this is a big issue.

DISCUSSION ITEMS. continued:

Mayor Pernice asked for comments from the public.

The public did not wish to speak at this time.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE REQUESTING THAT THE COUNCIL OF GOVERNMENTS FORGIVE THE CITY’S DEBT ON THE JACK TONE INTERCHANGE.

Mayor Pernice recommended Vice Mayor Winn to represent the City of Ripon on the League of California Cities Executive Committee.

MOTION: MOVED, SECONDED (PERNICE, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE APPOINTING VICE MAYOR WINN TO REPRESENT THE CITY OF RIPON ON THE LEAGUE OF CALIFORNIA CITIES EXECUTIVE COMMITTEE.