Regular Agenda

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, Director of Planning Ken Zuidervaart, City Clerk Lynette Van Laar, Recreation Director Kye Stevens.

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, Recreation Director Kye Stevens, Lisa Avender, Mark Winchell, Gerry Nies, Malia Cooke, Ben Kuhn, David Lehman, Dion Patten, Dave Henry, Navid Fardanesh, Ginger Eskes, Mike Roberson.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 3-0 (UECKER, RESTUCCIA - ABSTAINING) TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF MAY 1, 2007.

Interim City Engineer Santina requested that an urgent item be added to the agenda – a City Encroachment Agreement with SSJID. Santina explained that the City has work in progress on Jack Tone Road, and the work must continue in a area where SSJID has an easement. The deadline to finalize this agreement is next week, and therefore, it cannot wait until the June 5 Council meeting.

City Attorney Terpstra said that this agreement has standard language, and the City has had many similar agreements with SSJID in the past. He said it could be added to the Consent Calendar if the Council wishes.

MOTION: MOVED, SECONDED (UECKER, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO ADD THE ENCROACHMENT AGREEMENT BETWEEN THE CITY AND SSJID AS ITEM 4C.

Council Member Uecker requested that Item 1B be pulled from the Consent Calendar for discussion.

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

1.	Income
	A.	STATE OF CALIFORNIA
		General Fund	$2,016.00
		Highway Users Tax	$20,444.67
		TOTAL		$22,460.67

	B.	COUNTY OF SAN JOAQUIN	Item 1B was pulled for discussion.
		Municipal Sewer	$15,000.25
		Ripon Lighting District	$3,072.57
		Ripon Lighting District	$60,461.46
		General Fund	$268,801.14
		General Fund	$14,282.55
		COG Cycle 6/Jack Tone	$11,354.00
		COG Cycle 7/Jack Tone	$17,436.00
		TOTAL		$390,407.97

	C.	GILTON SOLID WASTE MANAGEMENT
		Franchise Fee		$7,544.51

	D.	T-MOBILE
		Base Rent		$725.92

	E.	SPRINT NEXTEL
		MCI Ground Lease		$419.28

	F.	CINGULAR
		Acacia Avenue Tower		$811.10

2.	Bills, Invoices, Payments
	A.	THOMAS H. TERPSTRA, ATTORNEY AT LAW
		Professional Services	(part)	$4,926.52

	B.	CROCE & COMPANY
		1099 Research GAP/BMR		$315.00

	C.	DON PEDRO PUMP
		Well No. 12 - SMI System Progress Payment		$12,555.19

	D.	WEISS ASSOCIATES
		Water Contamination Data Review Progress Payment		$1,197.75

	E.	ACME CONSTRUCTION CO., INC.
		City Hall Expansion	$90,862.73
		Retention to Escrow Account	$10,095.86
		TOTAL		$100,958.59

	F.	KINETICO
		Well No. 12 - Nitrate Removal Pilot System Progress Payment		$7,850.00


2G.	NEIL O. ANDERSON
	Wilma Avenue Underpass Progress Payment		$250.00

2H.	BEKINS
	Furniture Storage		$330.00

2I.	CB&I CONSTRUCTORS, INC.
	Mistlin Water Tower Progress Payment		$7,940.25

2J.	KELLER GROUP
	City Hall		$2,989.38

2K.	INTERWEST CONSULTING GROUP, INC.
	Transportation Planning Consultant Progress Payment		$6,976.50

2L.	McROY-WILBUR COMMUNITIES, INC.
	Reimbursement per SIAs Palm Grove (Progress Payment )	$61,981.00
	Cornerstone Units 1 & 2 (Progress Payment )	$381,144.00
	TOTAL		$443,125.00

2M.	LOCKHEED MARTIN COMPANY
	Equipment, Material, Travel Ripon Police Department		$221,694.17


3.	Resolutions
	A.	RESOLUTION NO. 07- 40
		RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON ESTABLISHING THE HOUSING AND LOAN COMMITTEE (HLC)	This resolution rescinds Resolution No. 01-72 and combines the Affordable Housing Committee and the Community Development Loan Committee to create the Housing and Loan Committee.


	B.
		RESOLUTION NO. 07- 41
		RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON ACCEPTING THE SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS’ ANNUAL FINANCIAL PLAN FOR FISCAL YEAR 2007-2008 ADOPTED BY THE COG BOARD ON APRIL 19, 2007	This resolution ratifies the San Joaquin County Council of Governments’ Annual Financial Plan for fiscal year 2007-2008.



	C.	RESOLUTION NO. 07- 42
		RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON DETERMINING THE AMOUNT OF AND APPROVING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 OF ASSESSMENT DISTRICT NO. 02-1, CITY OF RIPON, COUNTY OF SAN JOAQUIN, COMMONLY KNOWN AS CAROLINA’S LANDSCAPE MAINTENANCE DISTRICT	This resolution determines and approves the annual assessment for the Carolina’s Landscape Maintenance Assessment District. (Assessment: $139.78)


3D.	RESOLUTION NO. 07- 43
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON DETERMINING THE AMOUNT OF AND APPROVING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 OF ASSESSMENT DISTRICT NO. 89-2, CITY OF RIPON, COUNTY OF SAN JOAQUIN, COMMONLY KNOWN AS COUNTRY WOODS UNIT NO 2 AND ZUMSTEIN ESTATES SUBDIVISIONS	This resolution determines and approves the annual assessment for the Country Woods Unit No. 2 and Zumstein Estates Assessment Districts. (Assessment: $75.82)


3E.	RESOLUTION NO. 07- 44
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON DETERMINING THE AMOUNT OF AND APPROVING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 OF ASSESSMENT DISTRICT NO. 89-1, CITY OF RIPON, COUNTY OF SAN JOAQUIN, COMMONLY KNOWN AS DUTCH MEADOWS	This resolution determines and approves the annual assessment for the Dutch Meadows Assessment District. (Assessment: $29.10)


3F.	RESOLUTION NO. 07- 45
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON DETERMINING THE AMOUNT OF AND APPROVING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 OF ASSESSMENT DISTRICT NO. 92-1, CITY OF RIPON, COUNTY OF SAN JOAQUIN, COMMONLY KNOWN AS FARMLAND ESTATES	This resolution determines and approves the annual assessment for the Farmland Estates Assessment District. (Assessment: $50.00)


3G.	RESOLUTION NO. 07- 46
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON DETERMINING THE AMOUNT OF AND APPROVING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 OF ASSESSMENT DISTRICT NO. 98-1, CITY OF RIPON, COUNTY OF SAN JOAQUIN, COMMONLY KNOWN AS JACOB'S LANDING	This resolution determines and approves the annual assessment for the Jacob’s Landing Assessment District. (Assessment: $116.34)


3H.	RESOLUTION NO. 07- 47
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON DETERMINING THE AMOUNT OF AND APPROVING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 OF ASSESSMENT DISTRICT NO. 94-1, CITY OF RIPON, COUNTY OF SAN JOAQUIN, COMMONLY KNOWN AS MAIN STREET LANDSCAPE MAINTENANCE DISTRICT	This resolution determines and approves the annual assessment for the Main Street Landscape Maintenance Assessment District. (Assessment: 50% is $136.96, 50% is determined by footage fronting on Main Street.)


3I.	RESOLUTION NO. 07- 48
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON DETERMINING THE AMOUNT OF AND APPROVING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 OF ASSESSMENT DISTRICT NO. 96-1, CITY OF RIPON, COUNTY OF SAN JOAQUIN, COMMONLY KNOWN AS BOESCH-KINGERY	This resolution determines and approves the annual assessment for the Boesch-Kingery Assessment District. (Assessment: $58.84)


4.	Miscellaneous Items
	A.	WGR SOUTHWEST, INC.
		Storm Water Master Plan Standards	Authorize the Mayor to sign the proposal from WGR Southwest, Inc. to create development and re-development standards for the City’s Storm Water Master Plan. (Cost not to exceed: $4,975.00)

	B.	HORIZON BUSINESS PARK NO. 2
		Subdivision Improvement Agreement	Authorize the Mayor, and the City Clerk to sign the Subdivision Improvement Agreement for the Horizon Business Park No. 2.

	C.	CITY ENCROACHMENT AGREEMENT	Item 4C was added as an urgency item.
		South San Joaquin Irrigation District	Authorize the Mayor to sign the City Encroachment Agreement with SSJID to allow the City to execute work within a portion of SSJID’s easement.

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

Council Member Uecker asked why the City of Manteca tax rate is shown on this statement.

City Clerk Van Laar said that the county puts this memo on every statement and it has nothing to do with Ripon. The check is made out to the City of Ripon.

MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE ITEM 1B (INCOME FROM COUNTY OF SAN JOAQUIN).

5.	ORDINANCES		Notes:

	A.	ORDINANCE NO. 752
		AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIPON, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RIPON COMMUNITY REDEVELOPMENT PROJECT AREA PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(D)	This ordinance amends the time limitations for the Ripon Redevelopment Plan extending the deadline for the Original Project Area by two years. (SB1096)

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 752.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 753.

Doug Anderson, Urban Futures, said that the sale of these tax allocation bonds is possible because of the growth of Ripon, and he added that the 2007 bond will be refunded. This will create a savings of $1 million, and will provide $8.2 million for Redevelopment projects. Some funds will be available in 90 days, some funds will be in escrow, and some funds will be held for additional growth. The projects must be non-housing Redevelopment projects. The City will qualify for triple-A rating. The interest rate will be between 4.6% and 4.7%, and escrow should close in two weeks.

MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE RESOLUTION NO. 07-49.

City Attorney Terpstra said there have been changes in state law. Development of more than 500 units now require a water supply assessment report. He said that the agency does not approve projects, just the water plan.

Council Member Restuccia asked if the City Engineer is comfortable with the report.

Interim City Engineer Santina said that this study has determined that water will be available.

Terpstra said that in the second paragraph of the report, that the City’s Urban Water Management Plan projected development of 1,660 residences, while the Shadowhawk Subdivision will have just 769 units and 114 of these will have second units. Shadowhawks’ demand for water will, therefore, be less than was planned for.

Vice Mayor Winn said the report was very comprehensive. He said there is more than adequate reserves, especially with the non-potable system.

Council Member Nutt said he is always concerned about water quality. The City puts a new well on line, and the old one is used for the non-potable system. Searching for water is all speculation. He asked why do we have to drill down lower, and why are we treating more wells now.

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE WATER SUPPLY ASSESSMENT FOR THE SHADOWHAWK SUBDIVISION.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE WAIVING THE RENTAL FEE FOR THE USE OF THE COMMUNITY CENTER WHERE A FUND-RAISER WILL BE HELD TO BENEFIT BRYAN DE HOOG.

Interim City Engineer Pete Santina said the test well was within the acceptable limits for nitrates; however, drilling deeper will improve the well. Layer one has 39ppm (parts per million), layer two has 13ppm, and layer three is 7ppm. When water is pulled from these layers, the average is 33ppm. Santina said this will make the well last many more years.

Santina said it depends – nitrates come from agriculture and are usually nearer the surfaces, but a higher amount of metals are often found in the lower stratas. This is why test wells are done. In this case, we found that deeper is better.

MOTION: MOVED, SECONDED (NUTT, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO APPROVE CHANGE ORDER NO. 2 FOR DON PEDRO PUMP TO LOWER THE PUMP BY 150 FEET TO AVOID THE HIGH NITRATES IN THE FIRST SCREENED STRATA, AND INSTALL A GENERATOR.

Interim City Engineer Santina said the larger gates are needed to accommodate larger vehicles. The trail is scheduled to be completed in 45 days and is ready for the fence and trees. Santina said these gates are also more heavy-duty.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE CHANGE ORDER NO. 1 TO INCREASE THE SIZE OF THE DOUBLE SWING GATES FROM 10' TO 20' AT THE STANISLAUS RIVER TRAIL.

MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE SENDING A PROCLAMATION IN RECOGNITION OF THE SAN JOAQUIN VALLEY SWISS CLUB HOSTING THE 50^TH WEST COAST CHAMPIONSHIP SCHWINGFEST.

MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO DENY THE REQUEST TO SUPPORT THE EVENT WITH A PAID ADVERTISEMENT.

City Engineer: Santina said that the California Transportation Commission has accepted our grant application for $3.5 million to be used for the reconstruction of N. Main Street and Stockton Avenue, and he expects it to be approved. A public hearing will be held on June 13 at 4:00 p.m. before finalizing the plans. He said this is an opportunity for the public to express their opinions. The project will go out to bid in October. Everything will be built in the existing right-of-way.

Planning Director: Zuidervaart said that the Planning Commission has been discussing whether or not there is a need for design criteria for commercial projects. He said he would like to see some minimum standards – something to hand out before the developer begins planning the project.

City Council: Uecker said he is concerned about a tree that fell near the bike bridge, and that another looks like it might fall on the bridge. Pernice said that tree might be on Corps of Engineers property, but he will request the Public Works Department take a look at it.

Restuccia said he went to the annual trip to Washington, D.C. to lobby for money. He said that after seven years, someone else needs to do this job. He said that he went on behalf of the Rail Commission and learned that 70% of the goods come through California and are transported to the rest of the country. Washington recognizes that California transportation is very important and that California needs transportation funds.

Pernice said he received a request from the Veteran’s of Foreign Wars for a proclamation to honor the Buddy Poppy program. Pernice directed staff to prepare the proclamation.


1G.	RUDY BONZI, INC.
	Franchise Fees	$580.55

6.	RESOLUTIONS		Notes:

	A.	RESOLUTION NO. 07- 49
		RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON, CALIFORNIA, APPROVING THE SALE OF TAX ALLOCATION REFUNDING BONDS FOR THE RIPON COMMUNITY DEVELOPMENT PROJECT	This resolution approves the sale of tax allocation refunding bonds for the Ripon Community Development Project.


7B.	FREE USE OF COMMUNITY CENTER
	Fund-raiser for Bryan De Hoog Kim Hoogendoorn Discussion/Action	Approve waiving the rental fee for the use of the Community Center where a fund-raiser will be held to benefit Bryan De Hoog. (Cost: $850.00 and Hostess Fee: $75.00)


7C.	DON PEDRO PUMP
	Change Order No. 2 Well No. 16 Discussion/Action	Approve Change Order No. 2 to lower the pump by 150 feet to avoid the high nitrates in the first screened strata, and install a generator. (Cost: $4,675.14)


7D.	GRANITE CONSTRUCTION COMPANY
	Change Order No. 1 Stanislaus River Trail Discussion/Action	Approve Change Order No. 1 to increase the size of the double swing gates from 10' to 20'. (Cost: $5,548.54)


B.	ORDINANCE NO. 753
	AN ORDINANCE OF THE CITY OF RIPON, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE RIPON COMMUNITY REDEVELOPMENT PROJECT PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTIONS 33333.2(c) AND 33333.6(e)(2)(C)	This ordinance amends the time limitations for the Ripon Redevelopment Plan extending the deadline for the Original Project Area by one year. (The original Redevelopment Plan is being extended by a total of three years.)

7.	DISCUSSION ITEMS		Notes:

	A.	WATER SUPPLY ASSESSMENT
		Shadowhawk Subdivision Discussion/Action	Approve the water supply assessment for the Shadowhawk Subdivision. (This report documents the source of water supply for the development.)


7E.	PROCLAMATION
	San Joaquin Valley Swiss Club Application for Paid Ad Discussion/Action	Authorize the Mayor to sign a proclamation in recognition of the San Joaquin Valley Swiss Club hosting the 50^th West Coast Championship Schwingfest; and determine whether or not the Council desires to support the event with a paid advertisement.