Ripon City Council Minutes

TUESDAY, MAY 1, 2007 - 7:00 P.M.

CLOSED SESSION:

The Closed Session was called to order at 6:00 p.m.

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

Absent: Dean Uecker, Mike Restuccia

Others Present: City Administrator Leon Compton, City Attorney Tom Terpstra, City Clerk Lynette Van Laar, Kevin Werner.

The City Council met to review the City Engineer applications.

There being no further business, the meeting adjourned at 6:45 p.m.

REGULAR MEETING

PLEDGE OF ALLEGIANCE: The meeting was called to order as indicated at 7:00 p.m. with Council Member Elden “Red” Nutt leading in the Pledge Allegiance to the Flag

INVOCATION: Tom Terpstra gave the invocation.

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

Absent: Dean Uecker, Mike Restuccia

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, Police Chief Richard Bull, Recreation Director Kye Stevens, Gerry Nies, Britny Miller, Alma DeCorte, Lisa Svender, Navid Fardanesh, Kris McCall, Brain Ashnorth, Barbara Jeppsen, Nehemid Rogers, Juan Carlos S. Larry Peterson, Frank Romero, Jessica Kestyus, Vince Peratta, Ryan Pinelli, Ginger Eskes, Michael Harris, Lauren Minaudo, Melanie Dodson, Mark Winchell, Amber Zepeda, Sentes Sanchez, Toni Osterberg, Gaynl Trotter, Andy Verian, Steven Mecredy.

PUBLIC DISCUSSION: Michael Harris, Ripon, said he is in charge of the Harris project and all comments are to be directed to him – not to his parents. He said he was at the last meeting asking for an answer to his request, and he said it took a long time to get an answer. He asked who stopped the project for the recharge ponds. He said that other cities are putting in recharge ponds, so why isn’t Ripon. He asked who edits the minutes, because the minutes do not match what he said.

Mayor Pernice addressed Mr. Harris’ comments stating that all minutes are recorded, and the public can listen to the audio cassettes, or watch the DVD. For a fee, a copy can be purchased. Pernice explained that the written minutes are not verbatim – they are synopsis minutes. He said that if Mr. Harris wants to review the minutes, he should contact the staff.

City Attorney Terpstra said he has met with Mr. Harris and has also sent him a letter. He said this issue goes back to 2001 when the donation was contemplated. The project was never finalized. The City developed a water-management plan, and in the end, the Harris project was not included in that plan. Terpstra suggested that Mr. Harris put all his questions in writing so that he can get his answers in writing, if that is what he wishes.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF APRIL 17, 2007.

APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Nutt requested that Items 4D, 4E, and 4F be pulled from the Consent Calendar for discussion.

Mayor Pernice requested that Item 4G be pulled from the Consent Calendar for discussion.

MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE THE CONSENT CALENDAR AS AMENDED.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE THE CONSENT CALENDAR.

Discussion on Item 4D.

Council Member Nutt said he wants to discuss all Change Orders. Items 4D, 4E, and 4F add up to about $37,000.00 in change orders. He asked what the cost would have been if these items were in the plans in the first place. He said he is concerned about the procedure.

City Administrator Compton said that most people would say ‘yes’ in that it would cost less if everything was ordered at once, but that is not the nature of changes. He said there will be more changes for the Police Dispatch Center.

Nutt said these requests should come back to Council for advice.

Compton said that if the Council wishes to discuss these changes, you can pull it as you just did.

Mayor Pernice asked about the items in 4D.

Compton said the work had to be done and it would cost more to come back later. The oversight is obvious.

Vice Mayor Winn asked if the type of equipment on the modular pop-up will be out-dated in a couple of years.

Information Technician Brannon said that it is hard to answer that. The USB is not relevant. The pop-ups are the connecting devices.

Winn said he would like to discuss all potential changes. This facility is used by other groups and it is a pain to share microphones.

Compton said that the AV technician can come to a workshop to explain it. This item is on the agenda because Council requested these items.

Brannon said that having everything interfaced is where the labor costs come in.

Compton said that the AV technician worked until late at night to get the installation done.

Winn said he wants a workshop because part of the cost is the travel for these technicians.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE CHANGE REQUEST NO. 6 REGARDING A.V. HARDWARE AND FEATURE ADDITIONS.

Discussion on Items 4E and 4F.

Mayor Pernice tabled these items and referred them to a workshop. (June 5, 6:00 p.m.)

Discussion on Item 4G.

Mayor Pernice said he cannot be at the event to present the proclamations, and Council Member Nutt will also be out of town. Pernice asked Council Member Winn to present the proclamations at the Manteca/Lathrop Boys and Girls Club.

MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE SENDING PROCLAMATIONS TO THE MANTECA/LATHROP BOYS AND GIRLS CLUB TO HONOR SEVERAL INDIVIDUALS BEING INDUCTED INTO THE MANTECA HALL OF FAME.

Ralph Holmes, Urban Futures, said the first ordinance extends the plan for the original area by two years, and the second ordinance extends the plan for the added area by one year. This will bring in about $13 million to the Ripon Redevelopment Plan. About $4 million will be available immediately for the Main Street / Stockton Avenue Rehabilitation project.

PUBLIC HEARING OPENED

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

PUBLIC HEARING CLOSED

MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE THE EXTENSION OF THE REDEVELOPMENT PLAN FOR THE RIPON COMMUNITY REDEVELOPMENT PROJECT, PURSUANT TO ERAF LEGISLATION.

MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE FIRST READING AND INTRODUCE ORDINANCE NO. 752.

AYES:              Nutt, Winn, Pernice

NOES:              None

ABSENT:         Restuccia, Uecker

ABSTAIN:      None

MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE FIRST READING AND INTRODUCE ORDINANCE NO. 753.

AYES:              Nutt, Winn, Pernice

NOES:              None

ABSENT:         Restuccia, Uecker

ABSTAIN:      None

Alma DeCorte, Ripon, said that she and Greg DeCorte are starting a candy business. She said they moved here one year ago, and they like to give back to the community. They plan to donate 5% of their sales to the community.

Vice Mayor Winn asked what will be labeled on the machine.

DeCorte said that has not been determined yet. They are not going to use the City’s name, but the want to benefit the community.

Winn suggested that she go to the non-profit agencies and the Chamber to determine to whom they will be giving the donations. He said the City would not get involved, and that she should work with local businesses. He said the Chamber can give a list of local non-profit organizations.

Mayor Pernice said he appreciates the gesture, but she should start with service clubs, but she could include the PALs, even though they are part of the City.

Mayor Pernice said no further action was needed.

Ian Wilbur, McRoy Wilbur Communities, said that the development agreement required 25% of the homes to be one-story; however, 58% of the houses are one-story so they have more than complied with that requirement.

Planning Director Zuidervaart said that single-story homes are required on corner lots except for townhouses – the affordable two-story homes. He said it is basic language used in all development agreements.

Council Member Nutt asked if this would be setting a precedence. He asked why that policy was created in the first place.

City Administrator Compton said that Scott Eavenson did a project that put a two-story house on a corner that looks like a sheer wall standing there. City officials did not like that look and came to the Council for action. Compton said a new Council can change that.

Mayor Pernice said he was on the Council at that time, and he remembers asking, “How did we let that happen?”

Wilbur also asked what type of tree should be planted in the front-yard landscaping.

Compton said he should meet with staff to talk about trees.

Pernice said that this project exceeds everything we have ever requested, and the project is mostly BMR homes.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE THE REQUEST FOR AN AMENDMENT TO THE CORNERSTONE I DEVELOPMENT AGREEMENT TO ALLOW TWO-STORY, SINGLE-FAMILY HOMES ON CORNER LOTS.

Development Specialist Prater said the affordable housing committee was requesting two amendments to the employee loan program. 1) Allow the employee to refinance or get a home equity loan without having to pay back the GAP loan. 2) If they buy a new home in Ripon, they could transfer the lien by deed restricting the new home. Prater said other policies have been developed over time. She said that existing loans could be amended to concur with the new policy.

Vice Mayor Winn asked how this affects the Police Department.

Chief Bull said this plan has been invaluable in retaining personnel. This is very important to the Police Department.

Mayor Pernice said he remembers when it was hard to keep officers. He said this helps to keep Public Works personnel also. When police and public works employees have to come out at night, it helps to have them living in Ripon.

Prater asked about setting a limit on how much equity can be taken out of a home – set by a dollar amount or by a percentage. She asked if the Committee should ask what the money is being used for.

Pernice said he would approve the Committee’s recommendations, but he doesn’t want to set the amount. He said that as long as they are making the payments, what difference does it make what they do with the money.

City Attorney Terpstra said the Committee does not have a concrete recommendation. He said he would recommend requiring the limit amount to be of 80% of the home’s value or $100,000 – whichever is less. He said the Council could change the numbers, but use a combination of a dollar and percentage limit.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE ALLOWING EMPLOYEES TO REFINANCE OR TAKE OUT HOME EQUITY LOANS, BUT REQUIRING THE LIMIT AMOUNT TO BE OF 80% OF THE HOME’S VALUE OR $100,000 – WHICHEVER IS LESS; AND FOR AN EMPLOYEE TO TRANSFER THE GAP++ LOAN TO ANOTHER PURCHASE; AND THE COUNCIL APPROVES THE AFFORDABLE HOUSING COMMITTEE’S POLICIES AND PROCEDURES AS WRITTEN.

Development Specialist Prater explained that the GAP program is for first-time home buyers and was designed to help Ripon residents, or those who work in Ripon.

City Administrator Compton said that the State of California required that an equal number of homes go to the moderate, low, and very-low income families. Too many homes were going to the moderate level, and it took too much money to get the low or very-low income level into a home. For that reason, the program was suspended. This new plan is to help people who can’t come up with the 10% down.

Vice Mayor Winn said he is still concerned about eligibility. There are people who have a low-income, but have millions in the bank.

Prater said that there have been 140 homes purchased through this program, but there were two situations where the individuals had low income, but major assets. We don’t know if this is a situation where the assets are their retirement funds, or something extra. Prater said that all GAP applicants are approved by the Committee, but they are not told who the applicants are so that there are no preferences.

Council Member Nutt said the Committee tries to be careful, but if people want to find a way to cheat the system, they will find a way.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE REINSTATING THE GAP PROGRAM WHEN USED IN CONJUNCTION WITH THE BMR PROGRAM. THE GAP LOAN IS NOT TO EXCEED 10% OF THE PURCHASE PRICE.

REPORTS

City Administrator: No Report

City Attorney: No Report

City Engineer: No Report

Planning Director: No Report

Chief of Police: Bull said the Department has been extremely busy and he thanked the Council for their support last month. He said he is still working on the list of people they want to thank, and the number is in the hundreds. Chief Bull also said that Topper will be coming back to work as soon as an officer can get the training. There are several officers interested.

Recreation Director: Stevens said the batting cages at Mistlin Park will be open this Saturday. Also, the Stanislaus River Trail is paved all the way to Jack Tone Road. Third, the Stouffer Park entrance and expansion are close to being finished.

Director of Public Works: Johnston said the Community Wide Yard Sale is this weekend, and it will be followed by the community-wide clean up.

City Council: Mayor Pernice set up a committee to honor Office Winget. He appointed Vice Mayor Winn, Council Member Nutt, Chief Bull, and Joe Franscella as a representative of the community to work on this project.

There being no further business, the meeting adjourned at 8:25 p.m.

REDEVELOPMENT AGENCY:

There being no further business, the meeting adjourned at 8:26 p.m.

Ripon Community Redevelopment Agency Minutes

TUESDAY, MAY 1, 2007

AFTER COUNCIL MEETING

ROLL CALL: Directors Elden R. Nutt, Vice-Chairman Chuck Winn, Chairman Curt Pernice.

Absent: Dean Uecker, Michael P. Restuccia

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, Director of Public Works Ted Johnston, Police Chief Richard Bull, Recreation Director Kye Stevens, Gerry Nies, Britny Miller, Alma DeCorte, Lisa Svender, Navid Fardanesh, Kris McCall, Brain Ashnorth, Barbara Jeppsen, Nehemid Rogers, Juan Carlos S. Larry Peterson, Frank Romero, Jessica Kestyus, Vince Peratta, Ryan Pinelli, Ginger Eskes, Michael Harris, Lauren Minaudo, Melanie Dodson, Mark Winchell, Amber Zepeda, Sentes Sanchez, Toni Osterberg, Gaynl Trotter, Andy Verian, Steven Mecredy.

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

CONSENT CALENDAR

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 3-0 (RESTUCCIA, UECKER - ABSENT) TO APPROVE THE CONSENT CALENDAR.

There being no further business, the meeting adjourned at 8:26 p.m.