Regular Agenda

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

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, 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, Police Chief Richard Bull, P.R. Briggs, Amanda Williams, Christine Chesko, Jarrod Vargas, Lisa Svender, Dena M. Bry, Maria Valencia, Caplos Martinez, Josh Burks, Erica Nelson, Brittany Kamminga, Terio Valadao, Ashley Vonza, Josh Azevedo, B. Finley, L. Goff, G. Nies, M. Verdias, D. Luttveil, J. Lewis, Leonard Schemper, Sharanpal Nagra, Michael Watson, Michael Harris, Mila Th~~, Amanda Quinby, Kimberly Wan, Lindsay Heise, Navi Mangat, Brian Heath, Andy Varian, John Linderman, Ariana Laucnee, Amil Mazlaumi, Phil Richardi, Danielle Macedu, Mariena Rice, Jennifer Faltynski, Gabriela Plata, Stephen Sperry Billy Skima Tony Cameron, Mark Winchell, Antonio Jurado, Nate Wagner, Danica Menezes, Camille Wa~~, Maria Taijeron, Ginger Eskes.

PUBLIC DISCUSSION: Michael Harris, Ripon, asked when the Council was going to respond to his family’s letter regarding their donation of land.

Mayor Pernice said that he should contact City Attorney Terpstra. Terpstra provided his phone number.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (WINN, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF MARCH 20, 2007.

City Attorney Terpstra pulled Item 6C stating that more work needed to be done on the definitions.

Council Member Restuccia pulled Items 4A and 4G for discussion, and pulled Item 4E for a separate vote.

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

1.	Income
	A.	STATE OF CALIFORNIA
		Motor Vehicle Account	$253.00
		General Fund	$51,401.00
				$51,654.00

	B.	CINGULAR
		Lease - Acacia Avenue		$811.10

2.	Bills, Invoices, Payments
	A.	TESCO CONTROLS
		Water Wells No. 15 & 16 Progress Payment	$161,000.00

	B.	NEIL O. ANDERSON
		Mistlin Water Tower Progress Payment	$630.00

	C.	KELLER GROUP
		City Hall/PD Expansion Progress Payment	$2,845.34

	D.	ARROW ASPHALT
		Veteran’s Wall Progress Payment	$15,344.00

	E.	LOCKHEED MARTIN SERVICES, INC.
		City Hall Expansion Progress Payment	$25,138.25


2F.	DeLIDDO & ASSOCIATES, INC.
	City Hall Expansion Progress Payment		$9,180.00

2G.	DeLIDDO & ASSOCIATES, INC.
	Solar Panels Progress Payment		$43,641.72

2H.	LIEBERT CASSIDY WHITMORE
	Professional Services		$227.00

2I.	JONES & STOKES
	Shadow Hawk Master Plan EIR		$33,217.82

2J.	KINETICO
	Well No. 12 Progress Payment		$760.00

2K.	KINETICO
	Wells No. 9 & 10 Progress Payment	$59,883.74
	Retention Payment	$11,655.47
			$71,539.21

2L.	GREG CARPENTER CONCRETE, INC.
	Art Sculpture (Mistlin) Progress Payment		$17,332.00


2M.	ALPHA & OMEGA PAVERS, INC.
	Veteran’s Wall Progress Payment	$17,280.00

2N.	RRM DESIGN GROUP
	City Hall Expansion Progress Payment	$18,702.92

2O.	DAMON S. WILLIAMS ASSOC., INC.
	Prop 50 Application Support - SMI Project Progress Payment	$5,430.25

2P.	RANDALL YERBY ENTERPRISES
	Waste Water Treatment Facility Progress Payment	$10,500.00

2Q.	DON PEDRO PUMP
	Construction of Wells 15 & 16 Progress Payment	$145,487.25


3.	Resolutions
	A.	RESOLUTION NO. 07-25
		A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON ADOPTING FIRE PROTECTION FACILITIES FEES UPDATE	This is a resolution to adopt the Ripon Consolidated Fire District fire protection facilities fees update. (The public hearing was held on March 20, 2007)


4.	Miscellaneous Items
	A.	AWARD BID FOR HANDICAP RAMP CONSTRUCTION 2007	Item 4A was pulled from the Consent Calendar for discussion.
		Cunningham and Sons, Inc.	Award the contract to Cunningham and Sons, Inc. for the 2007 Handicap Ramp Construction Project: ($92,400.00)

	B.	ECO-LOGIC
		Addendum No. 3 Quarterly and Annual Groundwater Monitoring and Reporting	Authorize the Mayor to sign Addendum No. 3 for Eco-Logic extending their contract to prepare the quarterly and annual groundwater reports to be submitted to the Regional Water Board. (Cost not to exceed: $11,000.00 annually)

	C.	O’DELL ENGINEERING
		South Frontage Road, Phase II	Accept the proposal from O’Dell Engineering to provide surveying services for the South Frontage Road, Phase II. ($14,000.00)

	D.	NEW CITY STANDARDS
		Street and Parking Lot Lighting Off Street Parking Storm Water Storm Drains Washout Facility Inlet/Manhole Protection	Adopt changes to City Standards.

	E.	ASSIGNMENT AND ASSUMPTION	Item 4E was pulled from the Consent Calendar for a separate vote.
		Wagner Woods, Unit No. 2	Authorize the Mayor to sign the Assignment and Assumption of Development Agreement with Wagner Woods II, LLC to assume the DA agreement from Main Street Development, Inc. for a project located at 563 N. Wilma Avenue.


4F.	KINETICO
	Change Order No. 3 SMI Pilot Nitrate Removal System Well No. 12	Approve Change Order No. 3 to provide off-site monitoring and three-day training. ($7,650.00)

4G.	HIGHWAY PATROL’S FIREARMS RANGE CONTRACT	Item 4G was pulled from the Consent Calendar for discussion.
	Use of Ripon’s Range	Authorize the Mayor to sign a 3-year contract with the California Department of Highway Patrol so they may use Ripon’s firing range, and the funds are to be used for firing range improvements and maintenance. (3-year contract: $15,000.00)

4H.	DENY CLAIM
	Roberto J. Arreola, Jr.	Deny the claim filed by Roberto J. Arreola, Jr. (Date of accident: 10-23-06)

4I.	PROCLAMATION
	One Book, One San Joaquin	Proclaim March and April to be One-Book, One San Joaquin 2007.

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

Council Member Restuccia said he was concerned that the lowest bidder was less than half of the next lowest bidder.

Interim City Engineer Santina said the City has used this company many times before and they do very good work.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO AWARD THE CONTRACT TO CUNNINGHAM AND SONS, INC. FOR THE 2007 HANDICAP RAMP CONSTRUCTION PROJECT.

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSTAINING) TO AUTHORIZE THE MAYOR TO SIGN THE ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT WITH WAGNER WOODS II, LLC TO ASSUME THE DEVELOPMENT AGREEMENT FROM MAIN STREET DEVELOPMENT, INC. FOR A PROJECT LOCATED AT 563 N. WILMA AVENUE.

Council Member Restuccia noted a typo in the staff report, and said that the expiration date should be 2010 – not 2020.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO AUTHORIZE THE MAYOR TO SIGN A 3-YEAR CONTRACT WITH THE CALIFORNIA DEPARTMENT OF HIGHWAY PATROL SO THEY MAY USE RIPON’S FIRING RANGE, AND THE FUNDS ARE TO BE USED FOR FIRING RANGE IMPROVEMENTS AND MAINTENANCE.

Jane Dyer Cook, Stockton-San Joaquin County Public Library, presented a copy of Plainsong by Kent Haruf – the book selected for “One Book, One San Joaquin.”

Mayor Pernice presented the proclamation to Cook proclaiming March and April to be “One Book, One San Joaquin 2007.”

5.	PUBLIC HEARINGS		Notes:

	A.	ZONING TEXT AMENDMENT
		TAZ07-01 PEA07-07	This is a public hearing to consider an amendment to the Development Code, Chapter 16.140 Dimension Regulations; 16.152 Fencing and Screening, and Table 16.16.3 as it relates to lot coverage percentage for covered patios, covered porches, shade structures and small storage sheds. A Negative Declaration (PEA07-07) is recommended for this project.

Planning Director Zuidervaart introduced the staff report stating that the amendments were needed for clarification and modification. He gave a sideshow presentation of all the amendments.

Vice Mayor Winn said that several people have complained about tall structures being built in side yards to house RVs. If structures taller that 12-feet were required to have a use permit, the neighbors would have a chance to voice their opinion. Winn was also concerned about swimming pools being allowed within 3 feet of the rear property line.

Zuidervaart said that 3-feet is all that is required for fire access around accessory buildings. He added that the City could add the use-permit requirement for accessory structures over 12 feet.

MOTION: MOVED, SECONDED (UECKER, WINN) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE AMENDMENTS TO THE DEVELOPMENT CODE, CHAPTER 16.140 DIMENSION REGULATIONS; 16.152 FENCING AND SCREENING, AND TABLE 16.16.3, AND TO REQUIRE USE PERMITS FOR ACCESSORY STRUCTURES OVER 12 FEET TALL.

Planning Director Zuidervaart introduced the staff report stating that the R1U District is a new classification.

MOTION: MOVED, SECONDED (NUTT, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE AMENDMENT TO THE DEVELOPMENT CODE, CHAPTER 16.16 RESIDENTIAL DISTRICTS AS IT RELATES TO SINGLE FAMILY RESIDENTIAL WITH ALLEY AND SINGLE FAMILY RESIDENTIAL URBAN DISTRICTS.

6.	ORDINANCES		Notes:

	Second Reading and Adoption
	A.	ORDINANCE NO. 748
		AN ORDINANCE OF THE CITY OF RIPON APPROVING A DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY IN THE CITY OF RIPON	This ordinance approves a development agreement with John and Gertrude Holwerda, Daniel Eavenson, and Eavenson Construction for a project located along Vera Avenue and Doak Boulevard known as Alexandra Terrace. (The Public Hearing was held on December 19, 2006)

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 748.


Second Reading and Adoption
B.	ORDINANCE NO. 749
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIPON AMENDING CHAPTER 10.56 OF THE RIPON MUNICIPAL CODE RELATING TO RECREATIONAL VEHICLE PARKING IN RESIDENTIAL AREAS	This ordinance amends Chapter 10.56 of the Ripon Municipal Code relating to parking RV’s in residential areas.

Mayor Pernice said he was concerned about how this ordinance affects homes built before 1988. This ordinance requires home owners to install an all-weather surface where they park their RV, trailer, or boat. Yet these same owners could park their recreation vehicle on the street becoming an eyesore. He said that where people park their vehicles/trailers in backyards should not matter to anyone.

Council Member Nutt said that if you own an RV, you have a responsibility to be safe – not to be a fire hazard. RVs parked in weeds can catch fire and the burn up very fast. This could be a real danger next to homes.

Council Member Restuccia said that weeds are a fire hazard, and during bad weather, some RVs can’t be moved out because of mud.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 749.


Second Reading and Adoption
6C.	ORDINANCE NO. 750	Item 6C item was tabled.
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIPON AMENDING CHAPTER 10.40 OF THE RIPON MUNICIPAL CODE RELATING TO STOPPING, STANDING OR PARKING	This ordinance amends Chapter 10.40 of the Ripon Municipal Code relating to the number of vehicles (5) that may be parked at a residence in a 48-hour period, except where such parking creates a public nuisance.

First Reading and Introduction
6D.	ORDINANCE NO. 751
	AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIPON AMENDING CHAPTER 13.16 OF THE RIPON MUNICIPAL CODE RELATING TO THE APPLICABILITY THEREOF	This amends Chapter 13.16, Section 030, “Applicable territory” relating to water wells owned, operated, or abandoned by the City shall be exempt from provisions of Chapter 13.16.

City Attorney Terpstra said that the original ordinance was very old from a time when many people have private wells. The City uses our own professionals and file state permits, so we don’t need county processing.

MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE FIRST READING AND INTRODUCE ORDINANCE NO. 751.

7.	DISCUSSION ITEMS		Notes:

	A.	REIMBURSEMENT FOR EXPENSES
		Calvary Reformed Church Electrical Connection Second Street Round-About Discussion/Action	Calvary Reformed Church incurred unforseen expenses to install the electrical conduit for the watering system time clock for the Second Street round-about. Reimburse Calvary Church 50% of their expenses. (City’s share: $5,263.90)

City Administrator Compton said he met with a representative from the Church and agreed that costs should be split.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE REIMBURSING $5,263.90 TO CALVARY REFORMED CHURCH FOR THE CITY’S 50% SHARE OF THE COSTS TO INSTALL THE ELECTRICAL CONDUIT FOR THE WATERING SYSTEM TIME CLOCK FOR THE SECOND STREET ROUND-ABOUT.

City Administrator: Compton announced that this is the last meeting in the old Council Chambers.

City Council: Nutt asked for a proclamation for families with autistic children to be on the next agenda. He said that his grandson was born autistic, but with early and proper treatment, the children can lead normal lives.

Uecker said he and Nutt met with the Fire District 2-by-2 committee and that Bryce Perkins took Don Moyer’s seat on the committee. He said the Fire District is very interested in a joint meeting with the Council.

Winn said he went with Compton to the City and County meeting in Stockton. They are discussing a new jail for San Joaquin County and other pubic safety issues. They discussed ways of maximizing limited funds. He said it was a good meeting to talk about the future of our communities.

Pernice said he met with the Down Town Specific Plan committee about the down town expansion. He said one good idea was that more signage is needed to direct people form the other side of the freeway to the downtown area. Next, he said that the Community and Youth Commission wants a couple of Council Members to meet with them to discuss the Health Fair.

ROLL CALL: Directors Elden R. Nutt, Dean Uecker, Michael P. Restuccia, Vice-Chairman Chuck Winn, Chairman Curt Pernice.

OTHERS PRESENT: Executive Director Leon Compton, Interim City Engineer Pete Santina, City Attorney Tom Terpstra, Secretary Ken Zuidervaart, City Clerk Lynette Van Laar, Deputy City Clerk Jeanne D. Hall, Police Chief Richard Bull, P.R. Briggs, Amanda Williams, Christine Chesko, Jarrod Vargas, Lisa Svender, Dena M. Bry, Maria Valencia, Caplos Martinez, Josh Burks, Erica Nelson, Brittany Kamminga, Terio Valadao, Ashley Vonza, Josh Azevedo, B. Finley, L. Goff, G. Nies, M. Verdias, D. Luttveil, J. Lewis, Leonard Schemper, Sharanpal Nagra, Michael Watson, Michael Harris, Mila Th~~, Amanda Quinby, Kimberly Wan, Lindsay Heise, Navi Mangat, Brian Heath, Andy Varian, John Linderman, Ariana Laucnee, Amil Mazlaumi, Phil Richardi, Danielle Macedu, Mariena Rice, Jennifer Faltynski, Gabriela Plata, Stephen Sperry Billy Skima Tony Cameron, Mark Winchell, Antonio Jurado, Nate Wagner, Danica Menezes, Camille Wa~~, Maria Taijeron, Ginger Eskes.

2.	Bills, Invoices, Payments
	A.	LOCKHEED MARTIN SERVICES, INC.
		Police Department Expansion Progress Payment	$11,829.47

	B.	DeLIDDO & ASSOCIATES, INC.
		Police Department Expansion Progress Payment	$4,320.00

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


5B.	ZONING TEXT AMENDMENT
	TAZ07-02 PEA07-08	This is a public hearing to consider an amendment to the Development Code, Chapter 16.16 Residential Districts as it relates to Single Family Residential with Alley and Single Family Residential Urban districts. A Negative Declaration (PEA07-08) is recommended for this project.

	(Signed) Curt Pernice
	Mayor
ATTEST:
(Signed) Jeanne D. Hall
Deputy City Clerk


3.	Miscellaneous Items:
	A.	Ps1 LANDSCAPE ARCHITECTURE
		Proposal Main Street/ Stockton Avenue Rehabilitation Project	Authorize the Chairman to sign the proposal from Ps1 Landscape Architecture for landscape architectural services for the Main St./Stockton Avenue project. (Cost: $6,650.00)

	B.	NEIL O. ANDERSON
		Proposal Main Street/ Stockton Avenue Rehabilitation Project	Authorize the Chairman to sign the proposal from Neil O. Anderson and Associates for geotechnical investigation services for the Main St./Stockton Avenue project. (Cost: $13,800.00)

	C.	AWARD CONTRACT
		Motorola Inc. Radio Band System	Authorize the Chairman to sign the contract for the Police Department radio band system to Motorola Inc. ($303,398.88)

	(Signed) Curt Pernice
	Chairman
ATTEST:
(Signed) Jeanne D. Hall
Deputy City Clerk

1.	Minutes
	A.	Approve the Minutes of the March 20, 2007, Redevelopment Agency Meeting.