Ripon City Council Minutes

TUESDAY, JULY 3, 2007 - 7:00 P.M.

The meeting was called to order as indicated at 7:00 p.m. with Council Member Restuccia leading in the Pledge Allegiance to the Flag

INVOCATION: Tom Terpstra gave the invocation.

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

Absent: Council Member Dean Uecker

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 Sheryl Prater, Bernice Finley, Lorraine Goff, Dave & Donna Henry, Thomas Clifton, Jr., Mike Evans, Christine Moitoso, Hollie Moldenhaur, Todd Moldenhaur, Alicia Reynolds, Lisa Svender, Letha Enserink, Debbye Faernier, Tim Hern, Stuart & Brigitte Long, Carla Escola, Gaynl Trotter, Diane & Thom Patten, Andy Varian, Ginger Eskes, Erik Cordero, Garrett Vick, Brett & Eric Trevor, Derrick Cervantes, Ryan Carpenter, Kevin Cerveny, Justin Picket, Cody Steinberger, Javier Monoc, Brenda & Nathan Machado, Mariah Menezes, Daniel Warren, Lindsay Swint, Adam LeSlanc, Matthew DeJong, Rachelle Drawdy, Mary Fiegroid, David Drawdy, Josh Casara, Shubprett Mangat, Melissa Pernice, Michael Vaught, Sarah Bruno, George Robson, Kyle Bingham, David Klingenfuss, Rudy Reyna, James Yarber, Karen Hibma, Jeff Bond.

PUBLIC DISCUSSION: Gaynl Trotter, Ripon, said she had collected 1,200 signatures for the City to buy the property at the entrance to Stouffer Park. She said she raised $100,000.00 to help with the purchase and gave plans to the City. She said the Garden Club and the Senior Center worked for four years to create the plan. She said she asked (former) City Engineer Machado if the park entrance will be built as planned, and he said it would be. Trotter said she was shocked to hear that bocci ball courts would be built in the open space. She said that the effort of seven years has been forgotten. She said that groups want to stay together, and that the open space is needed near the tables. She said that the permanent installation of the bocci ball courts would interfere with this. Open space allows people to decide what they want to play. Trotter said there is room on the north side of the park for the courts and she wants them moved now.

Lisa Suender, Ripon, said that the abandoned homes are an issue and she has established “Project Green House.” She said that four of the nine abandoned homes in her neighborhood are bank owned, and prices have been lowered. She said she would like there to be a City bond that people pay into once a year — $10.00 or $20.00, to maintain these properties. It would be a proactive program that could also be used for parks. She said she understands it would be difficult to recoup money spent in advance, but we should work with the banks to offer homes at a reduced price. She said the code needs to be updated and she asked the Mayor to dictate the change.

Mayor Pernice pointed out that it takes three votes to pass anything. He said the Code Enforcement Committee has not met on this issue yet and that changes take time. The first meeting on this issue will be next Thursday. He said that the City Attorney will review the code and work on it. He reiterated that this is a slow process.

Letha Enserink, Ripon, said she is concerned about the entrance to Stouffer Park, and she would like to see the bocci ball courts on the north side.

Vice Mayor Winn said he looked into the cost to change the plans. He said that the City has already spent $3,000.00, and to change sides now would cost $8,000.00 more. He said they are putting it on the south side because that is the special needs area. Winn said the Council operated on the best information available. The courts are better on the south side for the physically challenged.

Eric Cordero, representing the Ripon All Stars, said they won district tournament, and now qualify for the state championship competition. He said he was here to ask for help from the City. Cordero said they had been doing some fundraising, and Save Mart donated ten cases of water and ten cases of Gatoraid. They also held a carwash and raised $350.00. He said there are 13 families, and the cost for everything will be about $8,000.00. He said they have raised about $1,000.00 so far, and they are leaving on Thursday.

Council Member Restuccia asked the City Attorney if the City can legally give away money.

City Attorney Terpstra said the Council would have to make the finding that sending these kids to the tournament is a community benefit. This is a finding that would be difficult to make. He said he encouraged private donations.

Vice Mayor Winn asked how people could donate.

Cordero said check could be made out to “Ripon Babe Ruth” and to contact Dina Hvizda.

Carla Escola, county resident, said she is still concerned about the ramp on the Fulton overpass. She said it is a challenge to get a stroller across, and she believes it would not meet ADA requirements. She asked the City to keep working with Caltrans to get it completed. Escola said that there needs to be some standardization – every round-about is different.

Escola also asked when the Boesch Kingery Park will be completed. She said there is an open pit creating a mosquito problem. She said there is plastic around it, but kids still play in there, so it needs to be addressed.

Tom Clifton, Ripon, said that the City is carried away with parks, and we should charge our citizens to use the parks. The City is planning to spend $400,000.00 on the skate park, but there is no fence there. He said we need to hire a civil engineer with some experience. He said the landscaping in the round-abouts cost more than four-way stop signs. He said the city should put up fences and sell tickets to pay for the parks. He said the money should be spent on something for BMX bikes. The City also needs a fishing hole. The City wants to spend $100,000.00 on a swimming pool that is only used a few months of the year, and it belongs to the school. The City needs $70,000.00 for the sewer pond. Clifton said the City should hold off on the skate park and swimming pool, and pay for the sewer pond.

APPROVAL OF MINUTES: Approval of the minutes of the Regular Ripon City Council Meeting of June 19, 2007.

Approval of the minutes of the Special Ripon City Council Meeting of June 21, 2007. (Uecker absent)

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 4-0 (UECKER ABSENT) TO APPROVE THE REGULAR RIPON CITY COUNCIL MEETING OF JUNE 19, 2007, AND THE MINUTES OF THE SPECIAL RIPON CITY COUNCIL MEETING OF JUNE 21, 2007.

APPROVAL OF AGENDA AS POSTED (OR AMENDED): MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 4-0 (UECKER ABSENT) TO APPROVE THE AGENDA AS POSTED.

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

CONSENT CALENDAR, continued:

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY A VOTE OF 4-0 (UECKER ABSENT)TO APPROVE THE CONSENT CALENDAR.

Mayor Pernice stated that Council Member Uecker is out of state, so the Public Hearing will be continued to July 17 to enable all council members to vote on the budget.

Council Member Nutt said that the skate park has been on every budget every year since he has been on the Council. He said that there was supposed to be a study, but he has not seen it. He asked if it has been done.

Mayor Pernice said that because of the City Hall/Police Department Expansion and changes in staff, there has not been time for staff to work with a consultant on this.

Nutt said he goes to the skate park periodically, and he said no one misbehaves, but we have a sign with rules that are not enforced. He said kids who are ten to fifteen years old are skating without helmets. They are well behaved and adults are watching. Nutt said that rules should be enforced, or take them down.

Council Member Restuccia asked if the Police Lieutenant’s position has been filled.

Pernice said that the Department has created a Lieutenant position, and they will move a Sergeant up to Lieutenant, and move an Officer to the Sergeant position. The Officer position will not be filled at this time. This change is not reflected in the budget.

Vice Mayor Winn asked how we can match other cities that have a public safety tax. He said that sometime, down the road, the council has to address how we are funding our department.

PUBLIC DISCUSSION OPEN

Thom Patten, Ripon, said that he is here because $400,000.00 is set aside for the skate park. He said he hoped reason and common sense would prevail. The property is the last place for City Hall to grow. The City has added 972 dwellings. Using this land is short sighted and expanding the park there would be a mistake. Also, making the expansion a memorial for Justin Henry is emotional hijacking. He said the Council should take the memorial off the table, and rename the park we have after Justin. He said a better place needs to be found for the street course.

Monte Hansen, Ripon, said that his kids love the park, and he loves the idea of investing in kids in the neighborhood. He said he has issues with round-abouts – do we need to spend money there? He said he loves watching the kids at the skate park and it is a good investment.

PUBLIC HEARINGS, continued:

Stu Long, Ripon, said he has worked for corporations, and there is only so much real estate. The only land the City has left is out back, so why put something there? He said the new skate park should be put at the Mistlin Park.

Jeff Bond, Ripon, said the biggest investment is in our children. He said the City Council approved a bocci ball court. He said he never heard of bocci ball, but he would approve it, too. He said we can look at a business specifically, or look at building a community. A city that supports the youth is good business. Ripon is a great community because of its heart and soul. The skate park has been in the budget for eight years and there is no valid argument to not build it — no crime, no graffiti, no vandalism. It is the most used park and it requires very little maintenance. The at-risk youth also use this park. Ripon is an oasis for these kids. The Council’s job is to support the community.

Mike Cerveny, Ripon, said most businesses have a “no skateboarding” sign. He said we should give kids a place to skate. He said kids need a better challenge with better jumps. We need to show kids how important they are.

Gaynl Trotter, Ripon, asked if Council is supposed to raise money for the skate park.

Mayor Pernice said he would review the minutes.

Vice Mayor Winn said he was told that the skate parks were not friendly. He said that when he went there, everyone was nice. We have the camera watching, and the park is right behind the police station, so people are safe.

Brigitte Long, Ripon, said she has listened to both sides, and some kids have been intimidated. She said it is admirable that all the kids are here, but there are a lot of other people who want things that there is no money for. She said she had to raise funds to support the library. She said that how money is spent is not discussed in the open. She said the Council needs to ask what people really want, and if the majority of people want something, than do it. There are many projects that are not completed, and there is no money for additional staff. All expansion needs to hold off until we have the staff. She said she is not against the skate park, and she wants to help kids, but we need to send good messages to kids. These kids need to raise the funds like “Babe Ruth” does.

Council Member Nutt said that the skate park opened in 2001at a cost of $400,000 and it was built to meet the needs of the skateboarders in the community. People of all ages from all over the valley come here, so we did it right. Now we need an additional $400,000.00 to expand the park, and we are not considering other uses or other areas like: a BMX bike track, skate hockey, model planes and cars, and special needs children. We should not vote to spend more money on a skate park expansion when there are other needs. He said he understands honoring Justin, but we should rename the park.

Patrick Hale, Ripon, said the skate park is a good environment and everyone is nice. He said kids teach each other and they are like family. He said the skate park is all we have – there is no movie theater. At the park, they can hang out with family.

PUBLIC HEARING CLOSED

PUBLIC HEARINGS, continued:

Mayor Pernice asked the City Administrator about supporting the library.

City Administrator Compton said the City has budgeted about $139,000.00 for the library this year. Mark Wilbur and Braddock & Login donated $1 million toward the purchase of the $1.64 million building and property, and the City spent and another $150,000.00 on improvements.

Vice Mayor Winn said he appreciates Council Member Nutt’s concern for special needs children, and he supports expanding that playground.

The Public Hearing was continued to July 17, 2007.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 754.

AYES:              Restuccia, Nutt, Winn, Pernice

NOES:              None

ABSENT:         Uecker

ABSTAIN:       None

MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 755.

AYES:              Nutt, Restuccia, Winn, Pernice

NOES:              None

ABSENT:         Uecker

ABSTAIN:       None

ORDINANCES, continued: