Regular Agenda

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, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, City Clerk Lynette Van Laar, Deputy City Clerk Jeanne D. Hall, Information Systems Technician Dan Brannon, Police Chief Richard Bull, Recreation Director Kye Stevens, Development Specialist Sheryl Prater, Del Otten, Bernice Finley, Lorraine Goff, Rudy Clark, Lisa Suender, Oscar Samano, Matt Bailey, Christian Hernandez, Nick Turner, Kelly Price, Dorothy Booth, Andrea Escobar, Angela Esteves, Nicolle Newhard, Mary Jo Malone, Linda M. Byrd.

PUBLIC DISCUSSION: Dorothy Booth, Executive Director, Ripon Chamber of Commerce, thanked Chief Bull for the Department’s help at the Almond Blossom Festival. She said the officers were visible everywhere and many spectators said the police presence made them feel very safe. She said that Public Works Director Johnston and his department were also a great help. Booth said that Council Member Restuccia was a great MC at the parade, and Mona Restuccia helped out with the judging. Council Member Nutt and Bonnie helped chalk the areas for the booths, but it rained that night washing away the chalk, so the Nutts were back the next morning helping the vendors find a place to set up. Booth said that words don’t express how much she appreciated everyone’s help.

Vice Mayor Winn said that Booth did a superb job and she is a pleasure to work with.

Council Member Nutt said that the festival would not happen without Dorothy. He said that the VIPS helped also.

Council Member Restuccia announced that, at the last meeting, an invoice for the Bank of Stockton was on the Consent Calendar and he voted to approve the Consent Calendar. He said he should have pulled that item and abstained from that vote.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF FEBRUARY 19, 2008

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

1.	Income
	A.	STATE OF CALIFORNIA
		Retail Sales Tax		$165,300.00

	B.	COUNTY OF SAN JOAQUIN
		Municipal Sewer	$1,458.36
		Lighting District	$877.81
		General Fund	$956,418.23
		TOTAL		$958,754.40

2.	Bills, Invoices, Payments
	A.	ECONOMIC DEVELOPMENT SYSTEMS
		Retail Ripon Project Areas Progress Payment		$2,352.00

	B.	J.B. ANDERSON LAND USE PLANNING
		Municipal Service Review Progress Payment		$652.50

	C.	GEORGE REED CONSTRUCTION
		Jack Tone Class 1 Bikeway Progress Payment	$86,673.16
		Retention to City National Bank	$9,630.35
		TOTAL		$96,303.51

	D.	KINETICO
		Well No. 12 Progress Payment		$1,882.50


2.	Bills, Invoices, Payments

	E.	INSITE ENVIRONMENTAL, INC.
		Well No. 9 - Arsenic Treatment Progress Payment		$70.67

	F.	O’DELL ENGINEERING
		On-Call Surveying Progress Payment		$1,930.00

	G.	ENGEO INCORPORATED
		Jack Tone Class 1 Bikeway Progress Payment		$5,460.25

	H.	RMC WATER AND ENVIRONMENT
		Main Street/Stockton Avenue Rehab Project Progress Payment		$1,294.26

	I.	THOMAS H. TERPSTRA, ATTORNEY AT LAW
		General	$12,284.19
		Shadow Hawk	$1,258.00
		TOTAL		$13,542.19

4.	Miscellaneous Items
	A.	GAP ++ PROGRAM
		Employee Program	Amend the GAP++ loan program to allow the loan to be reduced with no interest or payment due during the 10-year period remaining for any retired employee who dies during the 90-day period required to pay back the loan.

	B.	EMPLOYEE COMPUTER PURCHASE PLAN LOAN AGREEMENT
		Objective: To elevate computer literacy of full-time city employees.	Authorize the computer purchase and loan agreement for Richard A. Bull. (Cost: $1,809.16)

	C.	PROCLAMATION
		Senior Commission Resignation Pete Bartels	Present a proclamation to Pete Bartels for his work on the Senior Commission since 2001.

	D.	GEORGE REED CONSTRUCTION
		Change Order No. 13	Approve Change Order No. 13 to modify five existing catch basins in the Jack Tone Class 1 Bikeway project. (Cost: $4,098.26)

	E.	SAN JOAQUIN COUNCIL OF GOVERNMENTS
		Cooperative Agreement Measure K Funds Jack Tone Class 1 Bikeway	Authorize the City Administrator to sign the Cooperative Agreement with the San Joaquin Council of Governments for Measure K funds to be used for the Jack Tone Class 1 Bikeway. (Grant: $475,000.00)

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

Bartels was not in attendance, and Commissioner Del Otten accepted the proclamation on Bartels’ behalf.

5.	PUBLIC HEARINGS		Notes:

	A.	BORGES DEVELOPMENT AGREEMENT
		FRANK BORGES DA08-01 PEA08-05 This item is being continued to the March 18 City Council Meeting	This is a public hearing to enter into a Development Agreement with the City of Ripon in order to develop a 1.02 acre parcel for residential development located at 1190 S. Robert in the “Single-Family Residential” district. A Negative Declaration (PEA08-05) is recommended for this project.

	B.	COMMUNITY DEVELOPMENT BLOCK GRANT and HOME PROGRAMS
		Fiscal Year 2008 - 2009 CDBG - $75,000.00 HOME - $27,373.00	This is a public hearing for 2008-09 CDBG and HOME programs funding allocations.

Development Specialist, Sheryl Prater, introduced the report on the annual allocations. She explained that the Public Service program funds are limited to no more than 15% of the total CDBG allocation. This means that the City only has $11,250.00 to allocate to all the applicants. The distribution of funds is determined by historical figures – the number of people served by these agencies.

Randy Clark, Second Harvest Food Bank, said they give food to people at risk. He said that last year they gave Ripon residents 41,000 pounds of food worth $61,000.00. They also have a second program called Food for Thought. It is a tutorial program where 90 children earn groceries by coming to the program, and besides getting tutoring for school, they learn that work is rewarded and they bring food home to their families. They also provide food assistance to other non-profit agencies. Clark thanked the Council for their contribution.

Linda Byrd, South County Crisis Center, expressed her deepest appreciation for the Police Department providing office space so that they can become part of the community. She also thanked the Soroptomist for giving them the seed money. Byrd said they helped 30 people in Ripon since July. She said they also provide anger management and peer pressure programs at the high school. She said that any amount of money they receive will be well used.

Council Member Uecker asked where the next handicap ramp project will be. Prater said it will be in the Ripona area.

Council Member Nutt asked Prater to explain to the audience why the South County Crisis Center asked for $10,000.00, but only got $1,500.00.

Development Specialist, Sheryl Prater said that the Crisis Center was not funded last year because they were not able to get the required historical numbers to her. She said that several years ago, they were given $1,700.00 for a few years, and one year they got as much as $3,000.00. They only served 39 people last year, while the other agencies serve thousands of people.

Council Member Restuccia said that Prater did a very good job on the analysis and allocation.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE 2008-09 CDBG AND HOME PROGRAMS FUNDING ALLOCATIONS.

6.	ORDINANCES		Notes:

	First Reading and Introduction
	A.	ORDINANCE NO. 763
		AN ORDINANCE ADDING CHAPTER 5.29 TO TITLE 5 OF THE RIPON MUNICIPAL CODE, WHICH IMPLEMENTS THE PROVISIONS OF THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006, CODIFIED IN CALIFORNIA PUBLIC UTILITIES CODE SECTION 5800 ET SEQ., WHICH THE CITY IS REQUIRED TO ADMINISTER AND ENFORCE THROUGHOUT THE CITY	This ordinance adds Chapter 5.29, “State Video Service Franchises,” to the Ripon Municipal Code to implement the provisions of the Digital Infrastructure and Video Competition Act of 2006.

City Attorney Terpstra said that this ordinance is necessary for the City to continue to receive franchise fees. There are no other obligations in this ordinance, and all contracts and agreements are unchanged.

Vice Mayor Winn said that AT&T applied to the state for a license to franchise in Ripon, and their franchisees would pay a 1% fee to the state. He asked if they would pay anything to the City. He said that others may also bypass the City and negotiate with the state.

Terpstra said that telecommunications works around local government. He said he can look into it, but cities don’t collect fees from Direct TV or any other telecommunicationss who sell services to Ripon residents.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE FIRST READING AND INTRODUCE ORDINANCE NO. 763.

7.	DISCUSSION ITEMS		Notes:

	A.	BMR HOME - OPTION TO FIRST RIGHT OF REFUSAL
		Buyer’s Resale Agreement 1892 Miriam Way Discussion/Action	Determine if the Council desires to waive or not waive the Council’s right to purchase the BMR home located at 1892 Miriam Way. (Fair market value: $247,000 - $257,000)

Development Specialist, Sheryl Prater said that this applicant desires to sell to another qualified buyer. This would be allowed under a new amendment approved by the Council a few months ago.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO WAIVE THE COUNCIL’S RIGHT TO PURCHASE THE BMR HOME LOCATED AT 1892 MIRIAM WAY.

Development Specialist, Sheryl Prater said that this increase would be for City projects only. She said that with the 20% down payment, the price of the home can be higher. She also said that lending institutions are now requiring mortgage insurance. She said it was the recommendation of the Housing and Loan Committee that this change be for City projects only – not the whole program. Developers are able to find buyers at the 10% down payment rate.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE INCREASING THE GAP DOWN PAYMENT ASSISTANCE FROM 10% TO 20% FOR CITY-CONSTRUCTED PROJECTS.

Development Specialist, Sheryl Prater said that this recommendation is from the Housing and Loan

Committee. She said that state law required the cost of homes for moderate-income buyers to be based on the number of bedrooms. Just for City projects, the committee would like the cost to be based on 39.9% of the gross income of the buyer. She said that the City has a townhouse duplex for sale, and there were three qualified applicants for the low-income unit. She will hold a lottery on Friday to determine who will get the home. There were only two applicants for the moderate-income unit, and one was incomplete. The other applicant would have a house payment over 50% of their income, which is too high. By changing the way the cost is calculated, the monthly payment would be more affordable. If the Council approves of the new options, she would like to readvertise. Some people who will qualify under the new option, may not have bothered to apply under the original formula.

Vice Mayor Winn said that these homes are sold below their value since the cost is based on a formula and not on the actual cost of materials and labor. The City is subsidizing the price of the house.

Prater said the units are appraised, and the City holds the note for 45 years. This is state law.

Prater said the City has an agreement with the county, and we pay taxes on the BMR rate.

MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE SECOND OPTION IN CALCULATING THE MONTHLY HOUSING COSTS (39.9% OF THE GROSS INCOME OF THE BUYER) FOR ANY CITY-OWNED MODERATE-INCOME AFFORDABLE UNIT, AND AUTHORIZE STAFF TO READVERTISE THE CURRENT HOME FOR SALE.

Chief of Police: Bull said that the Almond Blossom Festival went very well, and he gave a lot of credit to Dorothy Booth.

City Council: Pernice said he traveled with Nutt, Werner, and Compton to visit several sewer plants. He said the City has applied for a permit, but we are still waiting. He said they found a possible solution. He said that rates may go up, but not as high as they first thought. He said the building was built over the top of the sewer pond, so there was no smell. He said he will appoint a new committee at the next meeting to work on making the City greener. He said he hopes to save money for the City. He said he is looking for a public individual with experience in this field to serve on the committee. He would like to see more solar power, and better use of water.

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

OTHERS PRESENT: Executive Director Leon Compton, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, City Clerk Lynette Van Laar, Deputy City Clerk Jeanne D. Hall, Information Systems Technician Dan Brannon, Police Chief Richard Bull, Recreation Director Kye Stevens, Development Specialist Sheryl Prater, Del Otten, Bernice Finley, Lorraine Goff, Rudy Clark, Lisa Suender, Oscar Samano, Matt Bailey, Christian Hernandez, Nick Turner, Kelly Price, Dorothy Booth, Andrea Escobar, Angela Esteves, Nicolle Newhard, Mary Jo Malone, Linda M. Byrd.

APPROVE THE MINUTES: MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE OF THE REDEVELOPMENT AGENCY MEETING OF FEBRUARY 19, 2008.

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


B.	GAP PROGRAM AMENDMENT
	Increase Down Payment Discussion/Action	Approve increasing the GAP down payment assistance from 10% to 20% for City-constructed projects.


C.	CALCULATIONS TO DETERMINE HOUSING COSTS
	Allow a Second Option Based on the Buyer’s Income. Discussion/Action	Approve a second option in calculating the monthly housing costs for a City owned moderate income affordable unit.

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

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


2.	Miscellaneous Items.
	A.	PURCHASES FOR EMERGENCY OPERATIONS TRAINING ROOM
		Furniture	Approve the purchase of a podium, table, and chairs for the Police Department E.O.C. (Cost: $14,597.32)