Regular Agenda

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

Others Present: City Administrator Leon Compton, Clerk Lynette Van Laar, Director of Public Works Ted Johnston, Police Chief Richard Bull, Information Systems Technician Dan Brannon.

Dan Koepke reviewed all the Lockheed Martin change orders regarding the Council Chambers AV Equipment.

The workshop recessed at 7:00 p.m. and will continue after the adjournment of the Redevelopment Agency 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

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

OTHERS PRESENT: City Administrator Leon Compton, Interim City Engineer Pete Santina, City Engineer Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, City Clerk Lynette Van Laar, Deputy City Clerk Jeanne D. Hall, Information Systems Technician Dan Brannon, Director of Public Works Ted Johnston, Police Chief Richard Bull, Lisa Suender, Dena M. Bry, Navid Fardanesh, Brian Heach, Rick Hanks, Karen Hibma, Gaynl Trotter, Ginger Eskes, Kim Anderson, Gerry Nies, Mark Winchell, Garry Krebbs.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT)TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF MAY 15, 2007.

City Attorney Terpstra requested that Item 4K be held over to the June 19 meeting.

Mayor Pernice requested that Item 3A be pulled from the Consent Calendar for discussion.

Vice Mayor Winn requested that Items 2K and 4I be pulled from the Consent Calendar for discussion.

Council Member Nutt requested that Item 4M be pulled from the Consent Calendar for discussion.

Council Member Uecker requested that Items 4A and 4D be pulled from the Consent Calendar for discussion.

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE AGENDA AS AMENDED.

1.	Income
	A.	STATE OF CALIFORNIA
		Adult Protection Services	$7,183.60
		Retail Sales Tax	$157,900.00
		TOTAL		$165,083.60

	B.	COUNTY OF SAN JOAQUIN
		Sales Tax	$41,000.00
		Municipal Sewer	$1,462.13
		Ripon Lighting District	$405.52
		General	$67,646.71
		Transportation Development Act Claim	$368,900.00
		TOTAL		$479,414.36

	C.	T-MOBILE
		Base Rent		$725.92

	D.	SPRINT NEXTEL
		MCI Ground Lease		$419.28

	E.	CINGULAR
		Acacia Avenue Tower		$811.10


2B.	HERUM CRABTREE BROWN
	Irongate East Development Agreement		$210.37

2C.	McROY WILBUR COMMUNITIES, INC.
	Mavis Stouffer Park - Lower Expansion Reimbursement for clearing, grading, irrigation, and grass.	$75,000.00
	Mavis Stouffer Park - Reimbursements for entrance improvements	$116,108.59
	TOTAL		$191,108.59

2D.	RIPON UNIFIED SCHOOL DISTRICT
	2005-06 Pool Costs		$71,857.33

2E.	JONES & STOKES
	Shadow Hawk Master Plan EIR		$20,025.02

2F.	INTERWEST CONSULTING GROUP
	Transportation Programming		$4,822.00

2G.	THOMAS H. TERPSTRA, ATTORNEY AT LAW
	General Matters	$12,766.96
	Shadow Hawk Development	$2,419.00*
	* City to be reimbursed by Developer
	TOTAL		$15,185.96


2H.	ECO:LOGIC
	WWTF-BPTC Evaluation	$5,287.50
	Tertiary Treatment Upgrade	$7,643.25
	Report of Waste Discharge	$4,127.70
	TOTAL		$17,058.45

2I.	HACH COMPANY
	Well No. 12 - Water Quality Analysis Progress Payment		$1,352.00

2J.	OMNI-MEANS ENGINEERING
	Jack Tone Rd. & River Rd. Intersection Feasibility Study Progress Payment		$3,809.00

2K.	KINETICO	Item 2K was pulled from the Consent Calendar for discussion.
	Well No. 12 - Nitrate Removal Pilot System	$3,100.00
	Well No. 12 - Nitrate Removal	$59,372.00
		$7,650.00
	TOTAL		$70,122.00

2L	RRM DESIGN GROUP
	City Hall Expansion Progress Payment (part)		$450.00

2M.	DSWA
	Well No. 12 - Prop 50 Applications & SMI Pilot Progress Payment		$29,921.48


2N.	RANDALL YERBY ENTERPRISES
	Waste Water Treatment Facility Progress Payment	$2,257.00

2O.	ALPHA & OMEGA PAVERS, INC.
	Veterans’ Wall Progress Payment	$3,193.20

2P.	MID-VALLEY ENGINEERING
	Wilma Ave & Main Street Intersection Lane Modifications Progress Payment	$4,362.50

2Q.	McROY WILBUR COMMUNITIES, INC.
	Cornerstone 1 - per Development Agreement
	Land cost for well site. (Well 18) and 50% of Masonry Wall Progress Payment	$41,089.91

3.	Resolutions
	A.	RESOLUTION NO. 07-53	Item 3A has been pulled for discussion.
		RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON APPOINTING KEVIN WERNER TO THE VACATED POSITION OF CITY ENGINEER	This resolution appoints Kevin Werner to the position of City Engineer.

	B.	RESOLUTION NO. 07-50
		A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON CERTIFYING THE APPOINTMENT TO AND SETTING THE TERM FOR A VACANCY ON THE SENIOR COMMISSION	This resolution reappoints Bill Gelderman to a 4-year term on the Senior Commission.


3C.	RESOLUTION NO. 07-51
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON AUTHORIZING THE TRANSFER OF CERTAIN CAPITAL ITEMS TO THE REDEVELOPMENT AGENCY	This resolution authorizes the transfer of certain capital items (Stanislaus Bike Trail invoices) to be paid by the Redevelopment Agency.

3D.	RESOLUTION NO. 07-52
	RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON ORDERING THE CITY ENGINEER TO PREPARE ON BEHALF OF THE CITY OF RIPON LIGHTING DISTRICT AN ENGINEER’S ANNUAL REPORT PERTAINING TO THE ANNUAL ASSESSMENTS FOR STREET LIGHTS FY 2007-2008 CITY OF RIPON, COUNTY OF SAN JOAQUIN, CALIFORNIA	This resolution orders the City Engineer to prepare the Engineer’s Annual Report pertaining to the annual assessment for street lights (fiscal year 2007-2008).

4.	Miscellaneous Items
	A.	CHANGE TRUSTEE FOR RETIREMENT PLAN	Item 4A was pulled for discussion.
		Stockton Bank Community Bank of San Joaquin	Accept the proposal from Community Bank of San Joaquin to manage our retirement plan.

	B.	COMPUTER PURCHASE LOAN AGREEMENT
		Carla Rodriguez	Approve the Employee Computer Purchase Plan Participation and Loan Agreement for Carla Rodriguez. ($1,750.00)

	C.	POLICE PSYCHOLOGIST CONTRACT
		Jocelyn E. Roland, Ph. D.	Approve the contract with Jocelyn E. Roland for police psychologist services. ($6,000.00)


4D.	SHARED USE OF FUELING STATION	Item 4D was pulled for discussion.
	Ripon Consolidated Fire District	Approve the Fire District’s request to use the new fueling station on Doak Boulevard and authorize the District to purchase the fuel at cost plus 30¢ per gallon to cover operational costs.

4E.	WINDOW SCREENS FOR COUNCIL CHAMBERS
	Steve’s Mobile Sunscreen, Inc.	Accept the proposal from Steve’s Mobile Sunscreen, Inc. to install electric shades in the Council Chambers. (Estimate Cost: $10,594.00)

4F.	ARROW ASPHALT
	Proposal Well No. 12 and Water Tower	Authorize the Mayor to sign the proposal to complete the AC patching at Well No. 12 and the Mistlin Water Tower. (Cost: $8,769.00)

4G.	CB&I CONSTRUCTORS, INC.
	Notice of Completion Mistlin Water Tower	Accept the work completed by CB&I Constructors, Inc. and authorize the filing of a Notice of Completion with ($778,016.86) retention to be paid 35 days after recording of notice.

4H.	CALWATER DRILLING COMPANY, INC.
	Award Bid Water Well No. 18	Accept the bid and award the contract to Calwater Drilling Company for the construction of Well No. 18. (Cost: $219,460.00)


4I.	THE SOURCE GROUP, INC.	Item 4I was pulled for discussion.
	Well Operations Management	Accept the proposal from The Source Group to provide technical support for managing issues related to well operations and water quality issues and authorize staff to proceed. (Cost not to exceed: $109,816.00)

4J.	PROPOSAL FOR WINDSCREEN AT THE TENNIS COURTS
	Carrie L. Gallegos (Labor: $1,152.00) M. Putterman & Co. Inc. (Materials: $4,188.91) Discussion/Action	Consider the proposal from Carrie L. Gallegos to install windscreens at the Tennis Courts. (Cost: $5,340.91)

4K.	ENGAGEMENT LETTER FOR LEGAL SERVICES	Item 4K is continued to June 19, 2007.
	Wactor & Wick, LLP Ripon Farm Service Discussion/Action	Consider the proposal from Wactor & Wick, environmental attorneys, to work with the City Attorney regarding nitrate contamination of a city well.

4L.	VACATION TIME PAY OUT
	Richard A. Bull	Approve the request from Richard A Bull to cash out 40 hours of vacation time to be paid directly to his City GAP++ account.

4M.	CONTINUE CONTRACTS FOR JOE WELLS AND EDWARD ESHOO	Item 4M was pulled for discussion.
	Registered Civil Engineers	Renew the contracts with Joe Wells and Edward Eshoo to provide continued technical engineering assistance.


4N.	OMNI-MEANS ENGINEERS
	Extra Work Addendum	Approve the Extra Work Addendum for Omni-Means staff to attend and participate in the Public Meeting which will be held June 13 at City Hall. (Cost: $1,600.00)

4O.	EMPLOYEE COMPUTER PURCHASE PLAN LOAN AGREEMENT
	Richard A. Bull	Authorize the computer purchase and loan agreement for Richard A. Bull. ($1,631.52)

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE CONSENT CALENDAR.

Vice Mayor Winn requested that the City Engineer bring the public up to date about nitrate removal.

Interim City Engineer Santina said that Item 2K is a contractual payment for the Pilot program currently underway. He said this is new technology applicable to any city well.

Santina said that Item 4I is his recommendation for a professional firm to review the City’s assets and to evaluate how to optimize those assets. He said that a well can be overused. He said that the City has a real opportunity to protect its assets.

Santina said that Well No. 12 has been shut down and we are waiting on the results.

Winn asked about the software that is being developed to identify the water quality.

Santina said that this system can tie together the potential of all wells. By using the best water from each well, we can optimize output for better overall quality of all wells. The software will read all wells for higher quality water. This will enable us to reach state standards.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE ITEMS 4K AND 4I.

Mayor Pernice introduced the new City Engineer, Kevin Werner. Werner said he was born and raised in Ripon. He graduated from Ripon High School in 1991 and got his degree from UOP. He said he is glad to be back in Ripon.

MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE RESOLUTION NO. 07-53.

Council Member Uecker said he wanted to stay with a local bank, and asked why we selected the Community Bank of Stockton.

City Clerk Van Laar said that this retirement program is for all employees not covered by PERS. The City had worked with Jim Havey at Stockton Bank for years. He left Stockton Bank and went to Community Bank of Stockton. Employees have not been happy with the service they have been getting with the new representative at Stockton Bank.

Council Member Nutt asked if the employees have had a chance to give any input on this decision. He said he remembers when Council made a decision to switch in the past, and it caused a problem.

City Attorney Terpstra said he has not looked at this, but he will be sure they have the necessary licenses to handle the trust accounts and that all the documentation is there.

Van Laar said that when employees try to get service from the Bank of Stockton, their calls are not returned. She said that when she asks for information, it is not given to her. The trust account is not handled locally, but at the main branch in Stockton.

Vice Mayor Winn asked if employees direct their own account, or if the administrators help.

Van Laar said that the employees can sell or buy stocks or bonds, but they do need some input. If an employee does not buy or sell, the money sits in a money market account.

Winn said that the person we hire is not for investment advise, just administration.

Mayor Pernice said there are two other banks in town and we should look at them.

Administrator Compton said that the bank provides a service to the employee. We need a person to be there on a regular basis. Our calls are not being returned. We are not getting any service. We know someone who does give good service, and that person is Jim Havey. We can look at other banks, and they all promise good service, but we don’t know what we will get with a new person.

City Attorney Terpstra said that this is a professional service, and we are not required to go out to bid. Mr. Havey has served us well over the years. The institution is solvent, and it makes sense to go with what staff recommends.

Winn said he understands the concerns, but the Bank of Stockton’s main branch is in Stockton. We would be changing to a known quality.

MOTION: MOVED, SECONDED (WINN, PERNICE) AND FAILED BY A VOTE OF 1-3 (PERNICE, NUTT, UECKER - NO) TO ACCEPT THE PROPOSAL FROM COMMUNITY BANK OF SAN JOAQUIN TO MANAGE THE CITY EMPLOYEE’S RETIREMENT PLAN AND DIRECTED STAFF TO CONTACT OTHER LOCAL BANKS FOR THIS SERVICE AND BRING BACK A RECOMMENDATION AT THE NEXT MEETING.

Pernice said he wants staff to look at other proposals and bring it back to the next meeting.

Council Member Uecker said he thought that the 30-cent fee might be excessive. He said he wants to work with the Fire District. He asked where the cost came from.

City Administrator Compton said he took the cost of running the facility – cost of fuel, staffing, maintenance, electricity, and capital costs. He subtracted the capital costs and came up with 30-cents. He said he won’t know the costs for sure until the facility is used for a while.

Compton said that diesel is about $2.90 and gasoline is about $3.00. He said that the City does not buy fuel very often, so what we have may have been bought when costs were higher. This is not a money maker.

Winn said he wants more information before making a decision. He asked how much fuel the Fire District uses each month.

Uecker said he talked to Fire Chief Bitters, and he would probably not use our station anyway.

MOTION: MOVED, SECONDED (PERNICE, UECKER) AND CARRIED BY A VOTE OF 4-0 TO DIRECT STAFF TO BRING THE ISSUE BACK WITH MORE INFORMATION.

Council Member Nutt said he pulled this item because of a typo in the term of the contract.

MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE RENEWING THE CONTRACTS WITH JOE WELLS AND EDWARD ESHOO TO PROVIDE CONTINUED TECHNICAL ENGINEERING ASSISTANCE FOR FOUR MORE MONTHS.

5.	PUBLIC HEARINGS		Notes:

		Item 5A is to be continued to July 17, 2007.
	A.	GENERAL PLAN AMENDMENT (GP07-01)
		Rezone (Z07-01) PEA (07-16)	This is a public hearing to consider an amendment to the City of Ripon General Plan by changing “Light Industrial,” “Heavy Industrial,” and “Community Commercial” to “Mixed Use”; and to rezone properties from “Light Industrial,” “Heavy Industrial,” “Community Commercial” and “Highway Service” to “Mixed Use” for properties located generally along N. Frontage Road between E. Main Street and Prospect, as well as properties on either side of Goodwin Drive west of Fulton Avenue. A Negative Declaration (PEA07-16) is recommended for this project.

2.	Bills, Invoices, Payments
	A.	CHANG RUTHENBERG & LONG
		Benefits Counsel	$375.00

6.	ORDINANCES	Notes: