Ripon City Council Minutes

TUESDAY, JULY 17, 2007 - 7:00 P.M.

PLEDGE OF ALLEGIANCE: The meeting was called to order as indicated at 7:00 p.m. with Vice Mayor Winn leading in the Pledge Allegiance to the Flag

INVOCATION: Tom Terpstra gave the invocation.

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, Gerry Nies, Stephanie Hobbs, Pecy Howard, Mary Ortel, Jennifer Poeschl, Terry Bergesh, Brenda Machado, Nathan Machado, Karen Hibma, Dave & Donna Henry, Stu Long, John Nutt, Navid Fardanesh, Mark Winchell, Trevor Fech~~~, Dorothy Booth, Brigitte Long, Erik Flaming, Derek Knell, Andy Varian, Kevin Miller, Kim Anderson, Diane & Thom Patten, Kristine Miller, Ginger Eskes, Garry Krebbs, Lisa Svender, Carla Travaille, Adam LeBlanc, David Drawdy, Sean Avis, Max Casson, Gabe Ortega, Alexander Jones, Kim Bull, Mary Figeroid, Jeff Bond.

PUBLIC DISCUSSION: Gaynl Trotter, Ripon, said that at the last meeting, she had asked that the bocci ball courts be moved. She said that Mayor Pernice told her that the courts will be end-to-end instead of side-by-side which will leave some open space. She thanked the Council for the change.

Mary Ortel, Ripon, asked about the closing of the Fulton Overpass. She said the City web site said it would be closed for four months when the new street goes in. She said that the closing will kill the businesses there. The last time the street was closed, other businesses lost customers. She said she can understand closing the overpass when the connection is made, but not during the four months. Ortel said that the City needs to give the public access to businesses. She said the plan is not a good venture and it really impacts businesses.

Kristine Miller, Ripon, wanted to know when the round-about would be landscaped. She said that City Engineer Werner told here that they are working up a design, but there is no completion date. She said it is an eyesore that leads into the community.

Vice Mayor Winn said he talked to City Engineer Werner about the plan. He said that because of the work load, a consultant will do the job. The plan will have to come to Council for approval, and then it will take about four weeks to complete.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 4-0 (UECKER ABSTAINING) TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF JULY 3, 2007.

APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Ginger Eskes, Ripon, requested that Item 2B be pulled from the Consent Calendar for discussion.

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

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

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

Discussion on Item 2B

Ginger Eskes, Ripon, asked which round-about the study is for.

City Engineer Werner said this contract is to look changing the Wilma round-about to a single lane, and to look at the intersection at N. Ripon and River Road for safety reasons.

MOTION: MOVED, SECONDED (RESTUCCIA, WINN) AND CARRIED BY A VOTE OF 5-0 TO APPROVE PAYMENT TO ONMI-MEANS ENGINEERS FOR THE ROUND-ABOUT STUDY.

Planning Director Zuidervaart said that the South Frontage Road was named Garrison Way in the General Plan 2040. The name change is needed to eliminate confusion between South Frontage Road and North Frontage Road, for emergency responses. He said there are no residents or business affected by the name change.

Vice Mayor Winn asked about the name selection.

City Attorney Terpstra said he was told by Harry Douma that Garrison was a former constable (Police Chief).

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 5-0 TO APPROVE THE STREET NAME CHANGE FROM SOUTH FRONTAGE ROAD TO GARRISON WAY.

City Engineer Werner introduced the report, stating that the assessment pays the expenditures, maintenance, and service debt.

PUBLIC HEARINGS, continued:

Council Member Restuccia said the total expenses are shown as $272,000.00 and the assessment is only for $254,000.00.

Werner said the district is new, and the cost is projected. He said that over time, the assessment will make up the difference. For one thing, the District is switching to inductive lights which will reduce costs.

City Administrator Compton said the Districts begins in a deficit, but there will be enough revenue to pay off the debt. The District was fronted with General Fund money, but it will get paid back.

PUBLIC HEARING OPENED

No one from the public wished to speak at this time.

PUBLIC HEARING CLOSED

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE RESOLUTION NO. 07-58 DETERMINING THE AMOUNT, AND APPROVING THE LEVY OF THE ANNUAL ASSESSMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 FOR THE CITY OF RIPON LIGHTING DISTRICT

City Attorney Terpstra said that state law has changed recently stating that Redevelopment Agencies need to clarify their plans to show how they handle eminent domain. The Ripon Redevelopment Agency did not include any such language because the Agency does not have the power to take property by eminent domain. Therefore, the statement was added to the plan that the Agency has no power to acquire real property in the Project Area through eminent domain.

MOTION: MOVED, SECONDED (NUTT, RESTUCCIA) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE FIRST READING AND INTRODUCE ORDINANCE NO. 757

AYES:              Nutt, Restuccia, Uecker, Winn, Pernice

NOES:              None

ABSENT:         None

ABSTAIN:      None

Mayor Pernice said that a lot of people spoke on the budget at the last meeting, and he had closed the public hearing. He said he would allow people to speak tonight who did not speak last time.

Council Member Restuccia asked why, under Legislative Department, the health insurance is such a high percentage compared to other departments.

City Administrator Compton said it is because the council members do not get paid very much, so their health insurance is high by comparison.

Restuccia said that the loan payments for the Jack Tone Interchange will be going away. He said that the Council of Governments agreed to relieve the debt. He said this will save the City about $1.5 million. The final COG vote is Thursday, the 26^th.

PUBIC HEARING OPENED

Stephanie Hobbs, Ripon, said that as a voter and as a mom, we already have the best skate park. She asked the Council to spend that money on something that would benefit the whole community.

Mary Ortel, Ripon, said that as a business owner, she is opposed to adding to the skate park. She said the skaters are disrespectful to business people, and the kids skate on the sidewalk which is unsafe for elderly people and small children. She said she has called the police twice to talk to the kids. Ortel said she is tired of the abuse from the skateboarders. The $400,000.00 could be spent in a much better way, not on a small segment of the population.

Carla Travaille, Ripon, said that we have a good skate park and we don’t need to expand it. She said there are more creative things that could be done with the money.

Mark Goncalves, Escalon, said that we need a street course. He said that you see bicycles on the sidewalk, and it is just a form of transportation. He said that a street course will bring more people to Ripon, and they will spend money here. He said that the kids have been waiting a long time for the street course.

Garrett Vick, Modesto, said he comes to the park every day, and he brings his own boxes and rails. He said that with a street course, there will be less skating on sidewalks. He said he can’t skate in Modesto because of the gangs. Ripon is a great town.

Andrew Br~~~, Ripon, said this City is amazing. He said he grew up in a small town, and the City Council’s choices are awesome. This expansion has been in the budget for years and the kids really want it. He said the kids would help raise money. He said this course would prevent skateboarders from skating around town. It is the best course for safety.

DISCUSSION ITEMS, continued:

Kevin Miller, Ripon, said this was a great park and lots of families used to come here, but now he hears foul language, and there is garbage thrown around. The kids have no respect for the community. There is a better use for the $400,000.00. He said he now takes his kids to the Manteca parks.

Cody Fondse, Ripon, said that we need the street course because the existing course is hard to skate. There are two types of skaters – some do vert and some do street. It is better to have both. And it may not take $400,000.00 to put it in.

A skateboarding video was shown at this time.

Brigitte Long, Ripon, said that this is a slower economy and there is no money for additional staff. She said the general public is not in favor of the skate park. There are more important issues. She said the Council should conduct a poll of what people want in the way of recreation. She said that not all promises can be kept. She said a skate park does not benefit the entire community.

Gaynl Trotter, Ripon, said that at the last meeting she asked if the Mayor was supposed to help raise funds, and she didn’t get an answer. She said she commends the kids for offering to help raise money. She also said that the City has promised a dog park, and that Lan Park is supposed to have basketball courts.

Monty Hansen, Ripon, said he has sympathy for those in opposition, but he is in favor of the park. You cannot promise something and not live up to that promise. He said the Council should live up to the promise and challenge the kids.

Miller said that the Council should consider fundraising before adopting the budget. He also said that there were no small children in the video.

Christy Doran, Ripon, said her son is in the 7^th grade and she is comfortable letting her son come to this park. She asked if the kids did not have this park, where would they go. She said she didn’t like the attitide that ‘if it doesn’t benefit me, than don’t do it’. She said that lots of young kids use the skate park.

Joshua Angel, Ripon, said that lots of little kids use the park, but that is why we need the street course.

Mayor Pernice said he appreciates the comments on both sides of the issue.

Vice Mayor Winn said he talked to Chief Bull about supervisor responsibilities, and he wants to add a Police Lieutenant’s position to the budget. He said the Chief can work out the details.

MOTION: Winn made a motion to adopt the 2007-2008 City Budget with the Police Lieutenant’s position added to the budget.

MOTION: Council Member Restuccia made a motion to adopt the 2007-2008 City Budget adding the Police Lieutenant’s position, and adding funding for completing the Wilma round-about.

Council Member Nutt said that the Council had approved $15,000.00 to do a study, and when he asked about it at Council, no one had an answer. But he read in the Bulletin that the City had the plan. He then talked to Recreation Director Stevens who said there is a plan, and he talked to the City Clerk who said a payment had already been made. Nutt said the kids already have a skate park, and other kids have needs.

DISCUSSION ITEMS, continued:

 Nutt said he did not make a promise to the kids. He added that the kids have always been respectful.

MOTION: Council Member Nutt made a motion to remove the $400,000.00 skate park addition from the budget.

Nutt said the land is valuable and no one has come to him asking for the park.

Mayor Pernice said that there have been 15 unanimous votes since 1996 for this skate park. And some of these votes were from when he was not on the Council, included the vote in 2001 to expand the park. The last unanimous vote was as recent as September 2006. He said that some candidates made issues of the park, and those candidates won the election in November. Pernice said the expansion should have been built last year, but with the City Hall/Police Department expansion, and having to hire a new City Engineer, the skate park project was put on hold. He said that the street course was promised, the expansion passed by 5 - 0, and has been in the budget since 2000. The funds are in the PFFP (Public Facilities Financial Plan). This park is low maintenance. The location is a good site. There were many meetings with the community – not City staff – on selecting that location. The vote was 5 - 0 for the location. He said that the Recreation Department has programs for young skaters. This is a fast park, and we need the street course for young skaters. The City of Ripon has a lot of facilities. The City spent more than $1 million on the library and we will continue to spend more. The City helped pay for the swimming pool, and we spent $1 million on the bathrooms at the pool. We built softball diamonds and an amphitheater. We will build the bocci ball courts. The Council made a promise.

Nutt said he didn’t promise anything at the last election. He doesn’t do things like that.

Pernice said Nutt has his election sign at the skate park.

Restuccia said he voted for the park many times, but things change. He said the kids all presented themselves well, and they should be proud of themselves. But people need other things like miniature golf, go-cart tracks, and riding stables. He said that, tonight, this is the first time someone offered to raise money for the park. Giving them the park would be a disservice to them because life is tough. He said people have to work for things. Restuccia said that if a family promises their kids a vacation, and then the Dad loses his job, there is no vacation.

Council Member Uecker said that he is new to this issue, but as a parent, he has to disagree with Restuccia. He said that if the Council said they should do something, it should get done. This issue has been approved by Council many times before and it should be a dead issue.

Winn said that regarding the property behind City Hall that will be used for the park expansion, he has to respect the past Council’s decisions. He reminded people that the DOJ lab was built on City property that was donated to the state for that purpose. He said that if the Police Department or City Hall need to be expanded again in 20 to 25 years, they will probably build a separate building somewhere else.

MOTION: MOVED, SECONDED (WINN, UECKER) AND CARRIED BY A VOTE OF 3-2 (NUTT, RESTUCCIA - NO) TO APPROVE THE 2007-2008 CITY BUDGET ADDING THE POLICE LIEUTENANT’S POSITION, AND ADDING FUNDING FOR COMPLETING THE WILMA ROUND-ABOUT TO THE BUDGET.

REPORTS

City Administrator: No Report

City Attorney: No Report

City Engineer: No Report

Planning Director: No Report

Chief of Police: Bull announced that the next City Council meeting will begin at 5:00 p.m. so that the Council can attend National Night Out at the Community Center. He invited everyone to come out for free food and games.

Recreation Director: No Report

Director of Public Works: No Report

City Council: Nutt said he met with the Fire Department on the 2-by-2 committee.

Restuccia said that he is working on a study for the Central Valley Corridor train that would travel between Merced and Sacramento. The consensus is that the public wants this.

Uecker said he also met with the Fire Department as part of the 2-by-2 committee.

There being no further business, the meeting adjourned at 8:30 p.m.

REDEVELOPMENT AGENCY:

There being no further business, the meeting adjourned at 8:35 p.m.

Ripon Community Redevelopment Agency Minutes

TUESDAY, JULY 17, 2007

AFTER COUNCIL MEETING

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 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, Gerry Nies, Stephanie Hobbs, Pecy Howard, Mary Ortel, Jennifer Poeschl, Terry Bergesh, Brenda Machado, Nathan Machado, Karen Hibma, Dave & Donna Henry, Stu Long, John Nutt, Navid Fardanesh, Mark Winchell, Trevor Fech~~~, Dorothy Booth, Brigitte Long, Erik Flaming, Derek Knell, Andy Varian, Kevin Miller, Kim Anderson, Diane & Thom Patten, Kristine Miller, Ginger Eskes, Garry Krebbs, Lisa Svender, Carla Travaille, Adam LeBlanc, David Drawdy, Sean Avis, Max Casson, Gabe Ortega, Alexander Jones, Kim Bull, Mary Figeroid, Jeff Bond.

PUBLIC DISCUSSION: No one from the public wished to speak at this time.

APPROVE THE MINUTES

MOTION: MOVED, SECONDED (RESTUCCIA, WINN) AND CARRIED BY A VOTE OF 4-0 (UECKER ABSTAINING) TO APPROVE THE REDEVELOPMENT AGENCY MEETING OF JULY 3, 2007.

CONSENT CALENDAR

CONSENT CALENDAR, continued: