Ripon City Council Agenda
TUESDAY, MAY 6, 2008 - 7:00 P.M.
CLOSED SESSION: 5:45 P.M. Council Conference Room
Conference with Legal Counsel pursuant to Government Code 54956.
1)Appraisal - 311 W. Main Street
2)Grand Jury Report
ROLL CALL: Council Members Elden R. Nutt, Dean Uecker, Vice-Mayor Chuck Winn, Mayor Curt Pernice
Absent: Council Member Mike Restuccia
OTHERS PRESENT: City Administrator Leon Compton, City Attorney Tom Terpstra, City Clerk Lynette Van Laar
City Attorney Terpstra said that after reviewing the appraisal, the Council decided to discontinue any discussions on purchasing the property located at 311 Main Street.
Terpstra said the Council reviewed the Grand Jury items regarding the City of Ripon and approved a formal response. The response will be forwarded to the Grand Jury and will be available to the public after the letter is sent.
The Closed Session adjourned at 6:40 p.m.
REGULAR MEETING
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.
INVOCATION: Tom Terpstra gave the invocation.
ROLL CALL: Council Members Elden R. Nutt, Dean Uecker, Vice-Mayor Chuck Winn, Mayor Curt Pernice
Absent: Council Member Mike Restuccia
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, Lorraine Goff, Gerry Nies, Bernice Finley, Tracy Schaffer, Dorothy Schaffer, Danielle Pierce, Gert Isaia, Andy Varian, John Mangelos, Randy den Dulk, Anton den Dulk, Jared Goslinga, Jordan Goslinga, Ginger Eskes, Mark Winchell, Carol Madsen, Bob Madsen, Jim Harrigan, Navid Fardanesh, Gaynl Trotter, Steph Hobbs, Garry Krebbs, Dan Prince, Angela Brown, Freida Le~~ni, Michael Brown.
PUBLIC DISCUSSION: No one from the public wished to speak at this time.
APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF APRIL 15, 2008.
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Nutt requested that Item 4A be pulled from the Consent Calendar for discussion.
Mayor Pernice withdrew Item 7B since the Council will not pursue the purchase of the property.
MOTION: MOVED, SECONDED (WINN, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE AGENDA AS AMENDED.
CONSENT CALENDAR |
Notes: |
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1. |
Income |
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A. |
STATE OF CALIFORNIA |
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Retail Sales Tax |
$123,400.00 |
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Motor Vehicle License Fees |
$5,481.99 |
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TOTAL |
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$128,881.99 |
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B. |
COUNTY OF SAN JOAQUIN |
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Jack Tone Road Class 1 Bikeway |
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$475,000.00 |
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C. |
MODESTO IRRIGATION DISTRICT |
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Permission Fee |
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$82,381.95 |
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D. |
GILTON SOLID WASTE |
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Franchise Fee |
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$7,217.87 |
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E. |
T-MOBILE |
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Base Rent |
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$749.81 |
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F. |
SPRINT NEXTEL |
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Ground Lease |
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$419.28 |
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G. |
AT&T |
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Acacia Avenue |
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$839.01 |
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CONSENT CALENDAR, continued:
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2. |
Bills, Invoices, Payments |
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A. |
THOMAS H. TERPSTRA – LAW |
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General |
$15,618.50 |
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Police Department Matters |
$123.50 |
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Shadow Hawk Development |
$2,798.00 |
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TOTAL |
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$18,540.00 |
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B. |
HCS ENGINEERING, INC. |
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Mistlin Parking Lot Progress Payment |
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$2,000.00 |
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C. |
INTERWEST CONSULTING GROUP |
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Transportation Planning Progress Payment |
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$3,809.00 |
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D. |
DAMON S. WILLIAMS ASSOC., INC. |
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Well No. 12 and No. 9 Progress Payment |
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$7,666.92 |
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E. |
NEIL O. ANDERSON |
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Boesch-Kingery park / Lan park |
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$2,610.00 |
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F. |
WGR SOUTHWEST, INC. |
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Development of Storm Water Standards Invoice 8505 |
$388.55 |
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Invoice 8676 |
$78.00 |
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TOTAL |
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$466.55 |
CONSENT CALENDAR, continued:
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2. |
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G. |
PACIFIC VALLEY APPRAISAL, INC. |
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311 W. Main Street |
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$3,000.00 |
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H. |
MONTGOMERY-WATSON-HARZA |
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Groundwater Grant Application Assistance (AB303) Progress Payment |
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$5,123.00 |
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I. |
COMMUNICATIONS CONSULTANTS |
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Stockton Avenue Utilities Progress Payment |
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$3,460.00 |
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J. |
RRM DESIGN GROUP |
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City Hall Expansion |
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$637.85 |
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K. |
KINETICO |
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Well No. 12 Progress Payment |
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$1,616.25 |
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L. |
ROSS F. CARROLL, INC. |
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Main Street/Stockton Avenue Rehab. Progress Payment |
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$278,298.00 |
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CONSENT CALENDAR, continued:
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3. |
Resolutions |
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A. |
RESOLUTION NO. 08-18 |
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RESOLUTION OF THE CITY OF RIPON APPROVING THE ANNUAL TRANSPORTATION CLAIM AND ATTACHMENTS THERETO AND AUTHORIZING THEIR SUBMISSION TO THE SAN JOAQUIN COUNTY COUNCIL OF GOVERNMENTS FOR THE 2007-2008 FISCAL YEAR OF THE CITY OF RIPON |
Approve the transportation claim and authorize the submission of the claim to the Council of Governments for fiscal year 2007-2008. |
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4. |
Miscellaneous Items |
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A. |
PROPOSITION 1B GRANT |
Item 4A was pulled for discussion. |
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Local Street and Road Improvements |
Approve the plan for the use of Prop 1B funds for improvements to Wilma Avenue from Main Street to Fourth Street. (Grant: $400,000.00) |
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B. |
EMPLOYEE COMPUTER PURCHASE PLAN LOAN AGREEMENT |
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Objective: To elevate computer literacy of full-time city employees. |
Authorize the computer purchase and loan agreement for Maria Elizabeth Forks. ($1,927.79) |
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C. |
ROSS F. CARROLL, INC. |
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Main Street/Stockton Avenue Rehab. Change Order No. 1 |
Approve Change Order No. 1 for various field changes: relocate utilities, tree removal, emergency contact signs. (Cost: $11,784.13) |
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CONSENT CALENDAR, continued:
4. |
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D. |
DON PEDRO PUMP |
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Well No. 18 Pump Station Change Order No. 1 |
Approve Change Order No. 1 to furnish and install equipment required to connect Well No. 18 to either potable or non-potable supply lines. (Cost: $25,331.16) |
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E. |
VACATION TIME PAY OUT |
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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. |
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F. |
KINETICO |
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Well No. 9 - Arsenic Removal Treatment Change Order No. 2 |
Approve Change Order No. 2 for start-up services and the purchase of two flow switches. (Cost not to exceed: $13,400.00) |
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G. |
NESTLE USA, INC. |
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Well Abandonment Agreement Municipal Well No. 4 Municipal Well No. 6 |
Authorize the Mayor to sign the Well Abandonment Agreement for wells MW-4 and MW-6. (Cost not to exceed: $100,000.00) |
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H. |
WEST COAST NETTING |
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Netting at the Mistlin Baseball Fields |
Approve the purchase of netting to be installed at the Mistlin Baseball fields and authorize staff to proceed with the project. (Cost: $23,920.00) |
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❦ End of Consent Calendar ❦ |
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MOTION: MOVED, SECONDED (WINN, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE CONSENT CALENDAR.
Discussion on Item 4A.
City Engineer Werner said that Proposition 1B is state funding to be used for local streets. The amount of money a city receives is based on population, and our part is $400,000.00. The Wilma Avenue project was already in process as part of the current downtown project, so it was a good fit.
Council Member Nutt said that since the street was already being done, this frees up the $400,000 that the City had earmarked for the project. There are lots of streets in the City, the worst being Wilma Court, that need work. The $400,000 could be used in these other areas.
Council Member Uecker agreed, saying that some streets have potholes.
City Administrator Compton said that the $400,000 that was originally committed to the Wilma Avenue project is Redevelopment money. Other projects have been earmarked to use Redevelopment money, such as sidewalks in the old part of town, and resurfacing alleyways. The main purpose of the money is for main streets, and there is not enough money to do all projects.
Uecker asked how far the $400,000 can go.
Werner said it will pay for a four-block street length. Wilma Avenue is getting a complete reconstruction. Wilma Court would probably cost $200,000.
Mayor Pernice asked about using pavers.
Werner said the cost of pavers is coming down, but is still twice the cost of asphalt.
Nutt asked if street projects are prioritized.
Werner said the City has a capital improvements list, and he tried to get grant money to pay for the projects.
Nutt said that the City needs a new street list.
Pernice asked what percentage of funds come from the TDA funds.
Compton said the City applies for the TDA grant on an annual basis, but we have to subtract any money that was not used the previous year. We qualify for about $600,000 a year. Other funds come from the gas tax, and some from Measure K. It is not a lot of money because we have to pay for ongoing street sweeping and crack patching. He said the City Engineer is good at getting grant money.
Vice Mayor Winn said he talked to the previous City Engineer (Machado) before he left asking his how much it would cost to bring up all the existing streets up to standard. Machado said it would cost $50 million. Winn said that sidewalks are needed in the older part of town. The money must be used to serve the largest part of the population.
Nutt said that the City needs a list of street projects that need attention.
MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE PLAN FOR THE USE OF PROP 1B FUNDS FOR IMPROVEMENTS TO WILMA AVENUE FROM MAIN STREET TO FOURTH STREET, AND TO DIRECT THE CITY ENGINEER TO FORMULATE A LIST OF STREETS THAT NEED ATTENTION.
5. |
PUBLIC HEARINGS |
Notes: |
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A. |
ZONING TEXT AMENDMENT |
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TAZ08-01 PEA08-07 §16.12 Use Classification System §16.90.030 Wireless Telecommunications Towers and Antennas: Applicability §16.20 Office and Commercial Districts §16.24 Industrial Districts as they relate to allowable uses §16.26 Mixed Use Districts |
This is a public hearing to consider amendments to Title 16. A Negative Declaration (PEA08-07) is recommended for this project. |
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Planning Director Zuidervaart introduced the report stating that a local business owner wanted to fix up his site, but some restrictions prevented him from necessary changes. This triggered amendments to certain parts of Title 16, and Zuidervaart took the opportunity to make necessary changes to other sections while staying consistent with the City’s General Plan.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE ZONING TEXT AMENDMENT TAZ08-01 AND ADOPT THE PEA08-07, AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS FOR ADOPTION.
6. |
ORDINANCES |
Notes: |
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Second Reading and Adoption |
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A. |
ORDINANCE NO. 764 |
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AN ORDINANCE OF THE CITY OF RIPON APPROVING THE DEVELOPMENT AGREEMENT ENTERED INTO BETWEEN THE CITY OF RIPON, AND FRANK BORGES FOR THE DEVELOPMENT OF CERTAIN REAL PROPERTY IN THE CITY OF RIPON |
This ordinance approves the development agreement with Frank Borges for a project located at 1190 S. Robert Avenue. |
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MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 764.
AYES: Uecker, Nutt, Winn, Pernice
NOES: None
ABSENT: Restuccia,
ABSTAIN: None
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Second Reading and Adoption |
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B. |
ORDINANCE NO. 765 |
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIPON ADOPTING THE REVISED TITLE 8.16 OF THE RIPON MUNICIPAL CODE |
This ordinance amends Chapter 8.16 regarding nuisances and incorporates the text of Chapter 8.08. Repeal the defunct Chapter 8.08. |
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MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 765.
AYES: Uecker, Nutt, Winn, Pernice
NOES: None
ABSENT: Restuccia,
ABSTAIN: None
7. |
DISCUSSION ITEMS |
Notes: |
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A. |
RIPON RETAIL REPORT - FINAL DRAFT |
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Economic Development Systems Discussion/Action |
Jim Harrigan will present the Ripon Retail Report regarding retail analysis, strategies, and recommendations for retail recruitment and development. |
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Jim Harrigan, Economic Development Systems, explained that there are four main districts in the Ripon retail area: 1) the historical downtown area, 2) the Village Properties acreage (southeast corner of Hwy. 99 and Jack Tone Road), 3) northeast of Hwy. 99 and Jack Tone Road (adjacent to Santos Ave. and Goodwin Drive), and 4) the Gill acreage west of the Mistlin Sports Park. He said his company has worked with 42 cities in the past 16 years and they have brought in 3.5 million square feet of retail to these cities. He said that he has completed the first phase of the process, which culminates in the report presented tonight. The second phase will be the retail recruitment. Harrigan said that the Ripon downtown area is 42% office space. He said there is a browsing effect when people are shopping. If they come across any interruption (office, vacant lot, church), the browsing stops. He said that offices should be on the second floor or on side streets. When more retail is in town, the rental rates will rise, and more retail will come in. Offices will move up (stairs) and out (to side streets).
Harrigan said there are a lot of dollars leaving Ripon and going to other cities. He said that Ripon needs more independent restaurants with full-service bars equal to Georgio’s. He said he would bring in other cuisines. He recommends independent restaurants, not national chains. He also recommended bringing in entertainment like jazz or blues. These would increase the hours on Main Street. He said that 42% of the Main Street businesses close at 5:00 p.m.
Vice Mayor Winn asked about developing a playhouse like the one in Sonora to bring in people.
Harrigan said the problem with playhouses is that they are heavily subsidized by the city. Small theaters are not even successful in Los Angeles.
Mayor Pernice asked about a performing arts center.
Harrigan said that anything that brings people into town is good. A farmer’s market would be good. The question is: who supports the venue?
Pernice asked about his vision for jazz and blues.
Harrigan said a space needs to be available to rent for a jazz club that serves some food, beer and wine. He said that Village Properties already has some leases signed, but he does not want to see typical Modesto retail. Ripon needs a restaurant row. He said he has talked to the Village Properties developer and has asked him to forestall any lease to secondary retailers.
Pernice asked if he has talked to any of these people.
7. DISCUSSION ITEMS, continued:
Harrigan said he has contacts and he matches demographics here with retail demographics. He stressed that the City needs high-end restaurants.
Winn said that other studies say that Ripon needs more rooftops to bring in more retail. He said that Ripon is unique – it has a reputation. Customers would come here to shop at a Wal-Mart rather than shop at a Wal-Mart in another town. But based on Harrigan’s study, do we have enough rooftops?
Harrigan said he looked at demographics at 3, 6 and 12 miles out. He said he should have looked at demographics at 5, 10 and 20 miles out because drive time is important. He said he will correct this when he talks to retailers. He said that if a city has a draw, such as a high-end restaurant, a city can pull from 20 miles out. He said that the average income in Ripon is $82,000 within 3 miles, and is $70,000 within 6 miles. The economy is in a slump right now, but that won’t last. He said his job is to sell Ripon to retailers, and he has good marketing people. He said there is a lot of undeveloped land around Love’s, and there are a lot of people going there now. Harrigan said there is a real possibility for a movie theater here. He said there are already enough fast-food places here, so Ripon needs good sit-down restaurants.
Winn asked about video rentals or book stores.
Harrigan said video rentals are a losing proposition. Their competition is sources like DirectTV and Netflicks. He would never do a deal with them. Harrigan said independent book stores are a dying breed. Barnes & Noble will go into shopping centers, but Borders are going out of business. The internet is killing them.
Harrigan also mentioned the Gil property by Mistlin Park. He said that will be a great area in the future, but will not be good for at least 10 years.
MOTION: MOVED, SECONDED (NUTT, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO ACCEPT THE REPORT.
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B. |
PURCHASE OF 311 W. MAIN STREET |
Item 7B was withdrawn. |
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Pacific Valley Appraisal, Inc. Discussion/Action |
Discuss the appraisal for property located at 311 W. Main Street, and consider the possible purchase. (Appraisal: $320,000.00) |
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C. |
PROPOSAL FROM ICE ENERGY |
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Ice Storage Air Conditioning Investment Grade Audit Discussion/Action |
Consider the proposal from Ice Energy to do an analysis of the cost to provide air conditioning at the Library and Senior Center. (Consulting Fee: $5,000.00) |
7. DISCUSSION ITEMS, continued:
Johnny Mattice, Ice Energy, gave a presentation on how the Ice Storage Air Conditioning works. He said it makes ice at night when costs are low, and uses the ice to create air conditioning during the day. He said his units are connected to the existing unit and his units last from 15 to 20 years.
City Administrator Compton said that if they can’t deliver, the City does not pay anything.
MOTION: MOVED, SECONDED (WINN, UECKER) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO ACCEPT THE PROPOSAL FROM ICE ENERGY TO DO AN ANALYSIS OF THE COST TO PROVIDE AIR CONDITIONING AT THE LIBRARY AND SENIOR CENTER.
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D. |
COMMUNITY AND YOUTH COMMISSION |
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Ripon Community Athletic Foundation Mother’s Day Run Discussion/Action |
Discuss the Commission’s request for funds to buy refreshments for the RCAF run. (Reimbursement: $200.00) |
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MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE COMMUNITY AND YOUTH COMMISSION’S REQUEST FOR $200.00 TO BUY REFRESHMENTS FOR THE RCAF RUN.
REPORTS
City Administrator: No Report
City Attorney: No Report
City Engineer: No Report
Planning Director: No Report
Chief of Police: Bull said the state-wide Memorial Ceremony will be on May 9 in Sacramento. The national ceremony will be next week in Washington, D.C. Ripon will be sending an Honor Guard with the Wingets.
Recreation Director: No Report
Director of Public Works: Johnston said that this week is part of the Spring Clean-up.
City Council: Nutt said that he and Council Member Uecker, City Engineer Werner, and Recreation Director Stevens went to Modesto to see a new park. He said they looked at other parks and found some very interesting ideas.
There being no further business, the meeting adjourned at 8:50 p.m.
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(Signed) Curt Pernice |
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Mayor |
ATTEST: |
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(Signed) Jeanne D. Hall |
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Deputy City Clerk |
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REDEVELOPMENT AGENCY:
There being no further business, the meeting adjourned at
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(Signed) Curt Pernice |
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Chairman |
ATTEST: |
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(Signed) Jeanne D. Hall |
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Deputy City Clerk |
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Ripon Community Redevelopment Agency Minutes
TUESDAY, MAY 6, 2008
AFTER COUNCIL MEETING
ROLL CALL: Directors Elden R. Nutt, Dean Uecker, Vice-Chairman Chuck Winn, Chairman Curt Pernice.
Absent: Michael P. Restuccia
OTHERS PRESENT: Executive Director Leon Compton, City Engineer Kevin Werner, City Attorney Tom Terpstra, Secretary 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, Lorraine Goff, Gerry Nies, Bernice Finley, Tracy Schaffer, Dorothy Schaffer, Danielle Pierce, Gert Isaia, Andy Varian, John Mangelos, Randy den Dulk, Anton den Dulk, Jared Goslinga, Jordan Goslinga, Ginger Eskes, Mark Winchell, Carol Madsen, Bob Madsen, Jim Harrigan, Navid Fardanesh, Gaynl Trotter, Steph Hobbs, Garry Krebbs, Dan Prince, Angela Brown, Freida Le~~ni, Michael Brown.
PUBLIC DISCUSSION: No one from the public wished to speak at this time.
APPROVE THE MINUTES MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY A VOTE OF 4-0 (RESTUCCIA ABSENT) TO APPROVE THE REDEVELOPMENT AGENCY MEETING OF APRIL 15, 2008.
CONSENT CALENDAR
1. |
Bills, Invoices, Payments |
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A. |
RRM DESIGN GROUP |
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Police Department Expansion Invoice #03082003509 |
$2,855.00 |
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Invoice #12072003509 |
$816.77 |
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TOTAL |
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$3,671.77 |
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B. |
MID-VALLEY ENGINEERING |
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Main Street/Stockton Avenue Rehab Project Progress Payment |
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$3,633.75 |
CONSENT CALENDAR, continued:
1. |
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C.< |