Regular Agenda

Conference with Legal Counsel pursuant to §54956 of the California Government Code regarding Ripon Farm Service

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

Others Present: City Administrator Leon Compton, City Engineer Kevin Werner, City Attorney Tom Terpstra, City Clerk Lynette Van Laar, Director of Public Works Ted Johnston, Police Chief Richard A. Bull.

The meeting was called to order as indicated at 7:00 p.m. with Council Member Nutt 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, 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, Recreation Director Kye Stevens, Development Specialist Prater, Brigitte & Stuart Long, Navid Fardanesh, Andy Varian, Lisa Suender, Ken Hawes, Vi Sikkma, Susan Coss, Gaynl Trotter, Karen Mesner.

PUBLIC DISCUSSION: Brigitte Long, Ripon, representing the Friends of the Library, thanked Vice Mayor Winn and Council Member Nutt for attending the Library Summit held at French Camp. She said the library has huge financial challenges ahead. She said that most counties said that Ripon is their poster child for libraries – that we have the best services and are the best model. She said there was a great show of support.

Vice Mayor Winn said that Melinda Kopp, Brigitte Long, Council Member Nutt, and himself were all there to support the library.

Council Member Nutt said he was impressed with the dedication of the people involved.

Stu Long also announced a new drive by the blood bank. He said the four counties use 250 pints of blood every 24 hours. The drive will be on February 13 at the library, and the theme is “Recycle with Love.”

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 3-0 (PERNICE, RESTUCCIA - ABSTAINING) TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF JANUARY 15, 2008.

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

Council Member Restuccia requested that Item 2U be pulled from the Consent Calendar for a separate vote.

Council Member Uecker requested that Items 2K and 2R be pulled from the Consent Calendar for discussion.

Vice Mayor Winn requested that Items 4A and 4D be pulled from the Consent Calendar for discussion.

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
		Retail Sales Tax	$124,000.00
		Motor Vehicle License Fees	$5,126.30
		TOTAL		$129,126.30

	B.	COUNTY OF SAN JOAQUIN
		Municipal Sewer	$3,264.09
		Ripon Lighting	<$1,469.86>
		General Fund	$94,107.05
		General Fund	$4,533.08
		TOTAL		$100,434.36

	C.	CHARTER COMMUNICATIONS
		Franchise Fees (Oct., Nov., Dec.)		$21,240.30

	D.	SPRINT NEXTEL
		MCI Ground Lease		$419.28

	E.	GILTON SOLID WASTE
		Franchise Fee		$7,378.29

2.	Bills, Invoices, Payments
	A.	THOMAS H. TERPSTRA
		Professional Services - General	$10,516.25
		Shadow Hawk (to be reimbursed)	$408.00
		TOTAL		$10,924.25

2.	Bills, Invoices, Payments

	B.	MTJ ENGINEERING, LLC
		On-Call Engineering: Ripon Crossing Progress Payment	$640.00

	C.	NEENAH PAPER COMPANY
		Levee Repairs	$69,178.00

	D.	ECO:LOGIC
		Tertiary Treatment WWTP Alternative Analysis Progress Payment	$10,529.98

	E.	INTERWEST CONSULTING GROUP
		Transportation Planning Progress Payment	$3,783.00

	F.	DSWA
		Wells No. 12 and 9 Progress Payment	$2,650.00

	G.	ASSOCIATED PENSION CONSULTANTS
		Annual Administrative Service	$3,235.50

	H.	WELENCO, INC.
		Well No. 18 Progress Payment	$1,600.00

2.	Bills, Invoices, Payments

	I.	ECO:LOGIC
		Groundwater Monitoring Reports and Well Install Report Progress Payment	$3,655.70

	J.	KINETICO
		Well No. 12 - Equipment Rental Progress Payment	$3,232.50

	K.	BEKINSItem 2K was pulled for discussion.
		Furniture Storage Progress Payment	$330.00

	L.	McROY WILBUR COMMUNITIES, INC.
		Bocci Ball Court & Landscaping Progress Payment	$91,700.70

	M.	HAWKINS DELAFIELD & WOOD, LLP
		Professional Services	$2,400.00

	N.	JONES & STOKES
		Shadow Hawk Master Plan EIR	$1,044.00

	O.	QUARTAROLI & ASSOCIATES
		Bush Development - Frontage Road As-Built Plans Progress Payment	$16,680.00

2.	Bills, Invoices, Payments

	P.	PACIFIC DATA SERVICES
		Main Street/Stockton Avenue Rehab Progress Payment		$790.00

	Q.	RMC WATER AND ENVIRONMENTAL
		Main Street/Stockton Avenue Rehab Progress Payment		$231.75

	R.	OMNI-MEANS ENGINEERSItem 2R was continued to February 19.
		Main Street/Stockton Avenue Rehab Progress Payment Invoice 27719	$3,526.50
		Jack Tone/River Road Roundabout Progress Payment Invoice 27739	$3,869.80
		Main Street/Stockton Avenue Rehab Progress Payment Invoice 27783	$15,156.98
		Progress Payment Invoice 27958	$2,616.04
		TOTAL		$25,169.32

	S.	JB ANDERSON LAND USE PLANNING
		Municipal Service Review Progress Payment		$6,672.50

	T.	Ps1 LANDSCAPE ARCHITECTURE
		Main Street/Stockton Avenue Rehab Progress Payment		$1,595.00

	U.	CROCE & COMPANY Item 2U was pulled for discussion.
		Professional Services		$24,300.00

2.	Bills, Invoices, Payments
	V.	GEORGE REED, INC.
		Jack Tone Class I Bikeway Progress Payment	$140,413.12
		Retention to City National Bank	$15,601.46
		TOTAL		$156,014.58

4.	Miscellaneous Items
	A.	GAP ++ PROGRAM AMENDMENT Item 4A was pulled for discussion.
		Minor Amendment to Description	Approve this amendment needed after the Central Valley Association of Realtors ceased providing services.

	B.	ACME PAVING CONSULTANTS
		Main Street/Stockton Avenue Rehab Project	Authorize the Mayor to sign the proposal for reflective pavers in the street rehab project, and authorize staff to proceed. (Cost: $30,000.00)

4.	Miscellaneous Items
	C.	GEORGE REED, INC.
		Jack Tone Road Class I Bikeway Change Order No. 10	Approve Change Order No. 10 for relocating no-parking signs, additional striping changes and out of scope items including the Jack Tone/Doak Blvd roundabout. (Cost: $6,636.00)

	D.	RMC WATER AND ENVIRONMENTS Item 4D was pulled for discussion.
		Water System Model Development	Authorize the Mayor to sign the proposal to assist staff in developing a hydraulic model of the City’s water distribution system as part of the water system master plan and a plan for improvements, and authorize staff to proceed. (Cost: $21,785.00)

	E.	TRAFFIC ENGINEERING SERVICES	Item 4E was pulled for discussion.
		Main Street/Stockton Avenue Rehab Project	Authorize the Mayor to sign the proposal to prepare complete plans, specifications and a cost estimate to construct and install an overhead flashing beacon system at the intersection of Main Street and Maple Avenue, and authorize staff to proceed. (Cost not to exceed: $3,360.00)

	F.	COGDILL & GIOMI, INC.	Item 4F was pulled for discussion.
		Union Pacific Railroad Property Main Street	Authorize the Mayor to sign the proposal to prepare an appraisal report of the property which the City desires to purchase as a part of our Historic downtown beautification project, and authorize staff to proceed. (Cost not to exceed: $2,500.00)

4.	Miscellaneous Items

	G.	TESCO CONTROLS, INC.
		Well No. 18 Motor Control Center	Authorize the Mayor to sign the proposal to purchase and install a motor Control Center for Well No. 18, and authorize staff to proceed. (Cost not to exceed: $80,000.00)

	H.	GEORGE REED, INC.
		Jack Tone Road Class I Bikeway Change Order No. 12	Approve Change Order No. 12 for storm pipe and storm basin. (Cost: $31,500.00)

	I.	INVESTMENT POLICY	Item 4I was pulled for discussion.
		Quarterly Reviews July - September, 2007 October - December 2007	Accept the City of Ripon Investment Policy Quarterly Reviews .

	J.	COMMUNICATIONS CONSULTANTS
		Stockton Avenue Utilities	Authorize the Mayor to sign the proposal to provide construction drawings to underground the overhead lines, and authorize staff to proceed. (Cost: $3,215.00)

	K.	AGRICULTURAL LEASE EXTENSION
		Langum Farms 21821 S. Highland Road	Authorize the Mayor to sign the Agricultural Lease Extension between the City of Ripon and Langum Farms.

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

Council Member Uecker asked for clarification of the totals. Deputy City Clerk Hall explained that the invoice is divided between the Council and the Redevelopment Agency.

MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE ITEM 2K.

Council Member Uecker asked for clarification of the invoices. Since the page was missing, Mayor Pernice held this item over to the next meeting.

Council Member Restuccia said he could not vote on this item because of his affiliation with the company.

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSTAINING) TO APPROVE ITEM 2U.

Vice Mayor Winn said he had a concern, not with the amendment, but with the agreement behind it. He said that an employee must pay off their loan within 90 days from the date of termination, unless the employee dies while employed by the City. In that case, the loan terms remain in effect. Winn said he is concerned about a situation whereby an employee dies during the 90 days, before the loan is paid off, and the spouse would have to deal with the loan coming due at a difficult time.

Development Specialist Prater said that the loan is due upon retirement, and they know that in advance.

City Attorney Terpstra said the employee knows when they sign the loan that it is due and payable upon retirement. The goal is to get the money back to help future employees.

Winn said he is concerned about someone dying within the 90 days and the survivor is left in a precarious position.

Council Member Restuccia asked if the City has an exit plan to explain all the facts to retiring employees.

City Clerk Van Laar said that the City does not have a formal exit plan, but the employees are given all the information.

Winn asked that this issue be sent back to committee to reevaluate the continuation of the loan during that 90-day period.

MOTION: MOVED, SECONDED (WINN, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO APPROVE ITEM 4A.

Vice Mayor Winn asked if the City is looking at conservation through the use of recirculatory systems.

City Engineer Werner said this will be a model of the hydraulics only. It will model the system from this year to build out, and they will give conservation recommendations.

Werner said that Public Works Director Johnston has set a meeting with a water meter manufacturer. The meter evaluates any potential leaks. They would know when a residence was using too much water.

Nutt said he saw the presentation, they can tell when water is used, and how much.

Mayor Pernice said that the use of water meters and instant hot water heaters can be addressed in the Development Code.

Council Member Restuccia suggested that everyone be mandated to install a recirculating system in their homes, and the City could give a $50 credit on their water bill.

City Administrator Compton said that when a community is put on meters, there is a 30% reduction is usage. People will reduce their use when they are hit with the bill. Compton added that in 2010, all California will be mandated to be on water meters.

MOTION: MOVED, SECONDED (WINN, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO APPROVE ITEM 4D.

City Engineer Werner said it is between the car wash and the new parking lot. This acquisition would enable the City to expand that parking lot and clean up that area.

MOTION: MOVED, SECONDED (NUTT, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO APPROVE ITEM 4F.

Council Member Nutt said that since there were two quarterly reports, he could see that there was a $5 million loss in the last quarter.

City Clerk Van Laar explained that Redevelopment money was moved out to pay bills.

MOTION: MOVED, SECONDED (NUTT, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO APPROVE ITEM 4I.

5.	ORDINANCES		Notes:

	First Reading and Introduction
	A.	ORDINANCE NO. 762
		AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIPON AMENDING A PORTION OF CHAPTER 16.194 OF THE RIPON MUNICIPAL CODE, ENTITLED BELOW MARKET RATE HOUSING PROGRAM	This ordinance amends Section 16.194.070 of the Ripon Municipal Code, titled “Alternatives to On-Site Construction” regarding in-lieu fees for very low income units within a residential project. This amendment is necessary since the Central Valley Association of Realtors is no longer providing services to the City of Ripon.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE FIRST READING AND INTRODUCE ORDINANCE NO. 762.

Development Specialist Prater presented the Affordable Housing report on the GAP, the CASA (no longer active), the employee GAP program, the employee GAP home improvement loan program, the BMR, the preowned BMR, and the reha

3.	Resolutions
	A.	RESOLUTION NO. 08-	Item 3A was continued to February 19.
		A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON RESCINDING RESOLUTION 04 - 48 AND ADOPTING CERTAIN AMENDMENTS TO THE MERIT SYSTEM RULES AND REGULATIONS FOR THE CITY OF RIPON	This resolution provides to qualified Council Members and employees who have left the service of the City, the option to recover coverage under the City’s health insurance plans. The cost will be paid by the individual and will be no cost to the City.

6.	DISCUSSION ITEMS		Notes:

	A.	AFFORDABLE HOUSING REPORT
		Sheryl Prater, Development Specialist Discussion/Action	Accept the annual Affordable Housing Report.