Ripon City Council Minutes

RIPON COMMUNITY REDEVELOPMENT AGENCY

TUESDAY, OCTOBER 2, 2007 - 7:00 P.M.

CLOSED SESSION:   6:00 p.m.

                          Pending Litigation Pursuant to Section 54956.9 of the California Government Code

                          Ripon Farm Service v. City of Ripon

PLEDGE OF ALLEGIANCE:

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

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, Police Chief Richard Bull, Recreation Director Kye Stevens, Telma Weatherford, Tanya Weatherford, Frank Freitas, Steve McPeak, L. Goff, Bernice Finley, Christina Gusman, Kay Schnaidt, Bob Schnaidt, Al Caetano, Helen Caetano, Marie Rose Watkins, Lisa Suender, Navid Fardanesh, Andy Varian, Allan Fetters, Marge Imfeld, Norma Rodriguez, Karie Sullivan, Roz Combley, Eric Pendleton, Steve Landreth, Matt Morris, Ginger Eskes, Jon Garzoli, Steve Levy, Sandy Perez, Manny Perez.

PUBLIC DISCUSSION: Mayor Pernice announced that the issue of the location for the dog park will be brought back at a future meeting to review other sites.

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

CLOSED SESSION REPORT: City Attorney Terpstra reported that authorization was given for the payment of certain invoices. No direction was given for further handling of the issue.

APPROVAL OF MINUTES: MOTION: MOVED, SECONDED (RESTUCCIA, UECKER) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE MINUTES OF THE REGULAR RIPON CITY COUNCIL MEETING OF SEPTEMBER 18, 2007.

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.

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

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

PRESENTATION OF PROCLAMATION:

Mayor Pernice presented the proclamation to Christina Guzman representing the Women’s Center of San Joaquin County. Guzman thanked the Council for proclaiming October to be Domestic Violence Awareness Month. She said that purple ribbons and wrist bands are available to honor those who died in domestic violence. The phone number of the center is (209) 941-2611.

Planning Director Zuidervaart introduced his report stating that the proposed rezone would allow all the existing uses to remain intact as conforming uses. He explained that any parcel must be contiguous with the zone to which they wish to be rezoned to, therefore, it is also necessary to rezone the north side for First Street between Elm and Acacia. The zoning PO and R4 will become C3 in the area under consideration. The north side of First Street will be rezoned from R4 to C3. There was some concern about possible loss of historical buildings and the ongoing parking problems. Zuidervaart said the Downtown Committee wants to keep the city vibrant. The Committee is concerned about historical preservation, but they also have to look at where we want to be 20 or 30 years down the road. Zuidervaart said that this rezoning does fit into what the City has planned.

Council Member Uecker asked if any citizens had problems with rezoning, or were they satisfied. He said that the loss of historical buildings and the parking issue are still a problem.

Mayor Pernice asked how many residents on First Street were opposed to the rezoning.

Zuidervaart said that two people spoke in favor of the rezoning, and two people spoke against it. A few people from outside the proposed rezoning area were also against it.

Council Member Restuccia asked what the negatives are to be rezoned from PO and R4 to C3.

Zuidervaart said that there is no disadvantage because it opens the property up to more options.

Restuccia commented that this would improve property values.

Zuidervaart also said that the Specific Plan covers historic buildings.

Council Member Nutt asked about apartment complexes.

Zuidervaart said there are some triplexes on First Street.

PUBLIC HEARINGS, continued:

Uecker asked that if a home is burned to the ground, could they rebuild. Zuidervaart said ‘yes.’

Vice Mayor Winn asked why it is necessary to change the R1UC to C3.

Zuidervaart said it is to complete C3 on First Street.

Winn said that since no one is required to change the use of their property, the property owner will have choices, which is an additional benefit.

PUBLIC HEARING OPENED

Steve McPeak, Ripon, said he is in favor of the rezoning, and he is also speaking for the applicant who has asked for approval of the rezoning.

Ron Morris, Ripon, said he doesn’t care about the rezoning, but he wants things to be equitable. Several years ago he was denied a business license because the county has him listed as being in an R2 zone. He said that when he did renovations to his home, he was required to put in the sidewalk. He said others should be required to put in sidewalks.

Mayor Pernice asked what triggers the required sidewalk.

Planning Director Zuidervaart said that any construction triggers the requirement of putting in the sidewalk. Rezoning the property does not trigger the requirement.

Morris said that parking and sidewalks are main issues in the area.

Pernice asked who owns the homes.

Telma Weatherford, Ripon, said she lives on the south side of First Street and is in favor or the change. She is the third generation to live in her house, and that at least 4 of the 5 homes are owned by the people living there. She said her only concern is that she would not like a business next door to her, so it is important to keep the south side residential.

Tanya Weatherford, Ripon, said she purchased her home through her family, and she does not want to live across from a business. She said that if businesses move into her neighborhood, residents will begin to sell out to other businesses.

Jon Garzoli, Ripon, said the Planning Commission reached a good compromise, and it is a good plan for the whole town. He said he would like to see the Council adopt the plan as it stands.

PUBLIC HEARING CLOSED

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO ADOPT THE REZONE (Z07-03) AND THE NEGATIVE DECLARATION (PEA07-29).

PUBLIC HEARINGS, continued:

Planning Director Zuidervaart introduced the report and said that these properties are more suitable for development along the Highway 99 corridor as ‘Mixed Use’ which would provide more flexibility for potential future developers. This change would also bring existing businesses into compliance with zoning.

Vice Mayor Winn asked if this change is a benefit or detriment to selling or developing property.

Zuidervaart said that everyone is in favor of the change.

PUBLIC HEARING OPENED

Art Saldivar, Ripon, asked if this change affects adult businesses?

Zuidervaart said that adult businesses are not allowed in Mixed Use Districts, and there is a 1,000 foot buffer from schools, churches, and residential areas.

Steve Landreth, Ripon, said he is in favor of the rezoning.

Allan Fetters, Ripon, said he owns the land that Ripon Farm leases, and he is in discussion to extend the lease. He asked if this change would cause any limitations to their business.

Zuidervaart said that there are no additional limitations – no need for a “Non-Conforming Use” permit.

PUBLIC HEARING CLOSED

MOTION: MOVED, SECONDED (UECKER, RESTUCCIA) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE GENERAL PLAN AMENDMENT (GP07-01) AND REZONE (Z07-01).

Planning Director Zuidervaart introduced the report stating that staff found some errors in the maps, but this does not change any zoning.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO ADOPT THE CORRECTIONS TO SOME OF THE GENERAL PLAN EXHIBITS.

REPORTS

City Administrator: No Report

City Attorney: No Report

City Engineer: Werner said that Ripon has received the Environmental Excellence Award for installing energy saving devices in the City Hall / Police Department expansion. Engineer Andy Varian applied for the award for the City.

Planning Director: Zuidervaart said that the Downtown Committee met to discuss promoting economic development.

Chief of Police: No Report

Recreation Director: No Report

Director of Public Works: Absent

City Council: Uecker thanked people for showing up to discuss key issues.

Winn said that the San Joaquin Council of Governments discussed Measure K, and want to reduce the number of years between reevaluations. Winn said that there may be more funds available than what was planned on; and therefore, the cities can add more projects. He said that new projects can be considered after the approved projects are built. If one city is not ready, another city can move ahead. He said he is hopeful that the Olive Intersection, the Stanislaus River crossing, and the multi-modal station can be done sooner.

There being no further business, the meeting was adjourned at 8:03 p.m.

REDEVELOPMENT AGENCY:

There being no further business, the meeting adjourned at 8:05 p.m.

Ripon Community Redevelopment Agency Minutes

TUESDAY, OCTOBER 2, 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, Police Chief Richard Bull, Recreation Director Kye Stevens, Telma Weatherford, Tanya Weatherford, Frank Freitas, Steve McPeak, L. Goff, Bernice Finley, Christina Gusman, Kay Schnaidt, Bob Schnaidt, Al Caetano, Helen Caetano, Marie Rose Watkins, Lisa Suender, Navid Fardanesh, Andy Varian, Allan Fetters, Marge Imfeld, Norma Rodriguez, Karie Sullivan, Roz Combley, Eric Pendleton, Steve Landreth, Matt Morris, Ginger Eskes, Jon Garzoli, Steve Levy, Sandy Perez, Manny Perez.

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

APPROVE THE MINUTES:

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE REDEVELOPMENT AGENCY MEETING OF SEPTEMBER 18, 2007.

CONSENT CALENDAR

CONSENT CALENDAR, continued:

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

There being no further business, the meeting adjourned at 8:05 p.m.