Ripon City Council Minutes

TUESDAY, APRIL 15, 2008 - 7:00 P.M.

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, Director of Public Works Ted Johnston, Police Chief Richard Bull, Recreation Director Kye Stevens, Everett C. Kelley, Robert Espinoza, Bonnie Winget, Marissa Carrico, Lisa Suender, Jacob Loogman, David Phippen, Dorothy Booth, Navid Fardanesh, Nathan Comanche, Tawni Vargas, Samantha Delgado, Andy Varian, Bruce Lymar, Alex Neri, Chris Popetti, Stephanie Hobbs, Gary Krebbs, Sal Espinoza, Patrick Johnston, Ramil Doronio, Kyle Johnson, Alex Brown, Scott Huerta, Derek Knell, Christian Arteaga, Mac Bench, Chris Winget.

PRESENTATION: The Ripon Police Officers’ Association presented a plaque to Chris Winget in honor of her husband recognizing Bob Winget as Officer of the Year for 2007 for his dedication and duty to the City.

Mayor Pernice said that the City has a tremendous police force, and over the years, has had incredible officers named as “Officer of the Year.” He said that this situation is highly unusual, but that Bob Winget was highly unusual. He said it is not just important about how a person lived, but how they are remembered. Winget has had a huge impact on the Police Department and the City. Pernice said he was blessed to have known Winget. He said that the Police Officers Association made a great choice.

Det. Anthony Demarinis, President of the Police Officers Association, said that Bob Winget was an inspirational mentor and role model. Winget was dedicated to the community and the department.

Chief Bull said that the officers were here to honor the Winget family. He said that Winget was one of the best officers that he knew, and he was a friend to the community. He served his country and his community for 37 years, and Bull said he was honored to know him. He commended the POA for giving this award to Winget.

PUBLIC DISCUSSION: David Phippen, Ripon, said he wanted to make the Council was aware of a problem with trucks entering the narrow road off of Colony Road toward Starbucks and Carl’s Junior. He said that big rigs pull in there and can’t get out. When one truck tried to back out, it backed over his wife’s car causing $6,000 in damage. She was not hurt, but could have been. The road needs to be signed that there is no safe way for a truck to exit. He said he talked to Chief Bull and learned that he cannot do anything on private property, but something needs to be done.

Chief Bull said it is private property and there is a sign there; however, he will talk with the City Attorney to see what can be done. He said some businesses there want the truck traffic and don’t want the sign enforced.

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 APRIL 1, 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.

CONSENT CALENDAR, continued:

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

PRESENT PROCLAMATIONS:

Item 4F.

Mayor Pernice presented the proclamation to Jennifer, representing the Women’s Center of San Joaquin Valley. She thanked the Council for the proclamation and said everyone needs to help stop the epidemic.

Item 4G.

Council Member Restuccia read the proclamation stating that smart people can be financially illiterate. He requested that the proclamation be sent to the Committee for Financial Literacy.

Item 4H.

Mayor Pernice read the proclamation and requested that it be sent to Ripon Grange #511.

MOTION: MOVED, SECONDED (RESTUCCIA, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE FIRST READING AND INTRODUCE ORDINANCE NO. 764.

AYES:              Restuccia, Nutt, Uecker, Winn, Pernice

NOES:              None

ABSENT:         None

ABSTAIN:      None

City Attorney Terpstra said that this ordinance took some time to prepare because he had to clean up the code. He said that when you change one part of the code, it affects other parts of the code. He said that this ordinance is not intended to be the exclusive way to handle code enforcement, but is just another tool to enforce property maintenance. He said that the code can be expanded (8.16.040[I]) pertaining to broken windows to include barred windows. He said that if the Council wants to give additional feedback, the ordinance can be held over and reintroduced at a future meeting.

Vice Mayor Winn noticed that in Section 8.16.040(A), the text reads “constitutes visual blight” and in Section 8.16.040(B)(5), the text reads “Created a blighted appearance.” He said this is subjective.

Terpstra said that there is substantial case law regarding decay and neglected property maintenance. It usually falls under the Health and Safety Code. He said that many terms are subjective, but the law accepts what is

ORDINANCES, continuedz:

considered to be a reasonable standard, or what is reasonable for a neighborhood.

Winn said he was approached about a home in his neighborhood that is not maintained. He asked if we have looked at how other cities address these properties.

Terpstra said that Code Enforcement deals with this all the time, and right now, our Code Enforcement Committee has 57 cases scattered around town. He said that our first objective is to get voluntary compliance. At the far extreme end of the issue, we could appoint a Receiver over the property. This is usually used for a health or safety risk, or an industrial property with environmental issues. This is time consuming and expensive.

Winn said he knows the person is no longer able to maintain the property. Some people need help - they have a demonstrated need. He has talked to churches about helping.

Council Member Uecker said that his church is looking at participating in a program called “Random Acts of Kindness.” This may work.

MOTION: MOVED, SECONDED (UECKER, NUTT) AND CARRIED BY THE FOLLOWING VOTE TO WAIVE THE FIRST READING AND INTRODUCE ORDINANCE NO. 765.

AYES:              Uecker, Nutt, Restuccia, Winn, Pernice

NOES:              None

ABSENT:         None

ABSTAIN:      None

Mayor Pernice said that a production company was invited to see the amphitheater at Mistlin Park, and they liked it. He said he is waiting for the full packet from the company. He said they put on events all over California, and they said they would help with the promotion. He said he called Stephanie Hobbs of the Ripon Community Athletic Foundation to put on the concert. He said the City’s cost would be $3,000. He said that PG&E may help underwrite the concert. Pernice said that this may be the kick-off needed to use this park as it was intended. The concert is scheduled for Friday, June 13 at 8:00 p.m. He also said that another group wants to bring in a jazz festival.

Council Member Nutt said the amphitheater has not been used and it needs exposure.

Pernice said the Chamber Director Dorothy Booth is looking at bringing in bands for the youth. Pernice also said that there will be a baseball game going on that evening, so there will be logistics to work out.

MOTION: MOVED, SECONDED (NUTT, WINN) AND CARRIED BY A VOTE OF 5-0 TO APPROVE THE COST OF $3,000.00 TO BRING THE GRASSTOWNE BAND FOR A CONCERT AT THE MISTLIN AMPHITHEATER.

REPORTS

City Administrator: No Report

City Attorney: Terpstra the Shadow Hawk project is working on their final EIR. They want to schedule a full Council workshop to discuss significant issues. He said he will summarize the main issues before the public hearing.

Pernice said the Development Agreement Committee could not come to an agreement with Shadow Hawk because of the Mello-Roos issue.

Terpstra said that Mello-Roos has never been used in this town. He said the City needs to craft a policy. A Community Facilities District (CFD) could be used for non-residential projects.

Pernice said that the Shadow Hawk developers want to bring their own attorney because we “need to be educated.” He said he wants Terpstra to be at the workshop. He said that the Council needs to know the pitfalls of Mello-Ross or any CFD.

Terpstra said that we will be prepared.

Pernice said he also wants an independent workshop without the Shadow Hawk developers to discuss the pros and cons.

Terpstra said that if the Council does not want a Mello-Roos, the developers need to hear that from the Council. He said that many cities have used some form of land-based financing, but there are complications. The city becomes the agent in a foreclosure. He said that Livermore and Pleasanton are against them. Our process has served us well.

Council Member Nutt said that Ripon has always been independent.

Council Member Restuccia said that Tracy was the first city to use it in the down market. It has become a huge issue.

Terpstra said that this is strictly a policy issue for the Council.

City Engineer: Werner said that the City received a $173,000 safer school grant. We submitted two projects, and one was awarded. It was the Ripona Elementary LED-lighted crosswalk.

Planning Director: No Report

Chief of Police: Bull said that the Ripon Police Officers Association hosted a memorial ceremony, and it was attended by the Modesto Police Department and the Stanislaus County Department. Second, this Saturday at 6:00 p.m. in the Ripon High Gym, the Police Department vs. Ripon Fire Department will hold their annual basketball game.

Recreation Director: No Report

Director of Public Works: Johnston said that the semi-annual City-Wide yard sale will be on April 26, and it will be followed by the community-wide clean up.

City Council: Nutt said the All Access Playground Committee met to discuss the park project.

Nutt also said that the Lions are holding a pancake breakfast on Saturday - all you can eat.

Uecker said he went to a meeting in Modesto and met Governor Schwarzenegger. The Governor said the legislature is spending $80 to $120 million over what they bring in.

Restuccia said he recently went to Washington, D.C. with the “One Voice” delegation. He said there is no money available this year. He did learn that COG is selling a $210 million bond for road extensions. The county got a double-A rating which is very difficult in this economy. The county has done an excellent job due to the city retail base.

Winn said he attended a meeting in Sacramento for the Capital Valley Freeway. They will be installing call boxes, and will provide 511 services where people can get updates on road conditions.

There being no further business, the meeting adjourned at 8:08 p.m.

Ripon Community Redevelopment Agency Minutes

TUESDAY, APRIL 15, 2008

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, Everett C. Kelley, Robert Espinoza, Bonnie Winget, Marissa Carrico, Lisa Suender, Jacob Loogman, David Phippen, Dorothy Booth, Navid Fardanesh, Nathan Comanche, Tawni Vargas, Samantha Delgado, Andy Varian, Bruce Lymar, Alex Neri, Chris Popetti, Stephanie Hobbs, Gary Krebbs, Sal Espinoza, Patrick Johnston, Ramil Doronio, Kyle Johnson, Alex Brown, Scott Huerta, Derek Knell, Christian Arteaga, Mac Bench, Chris Winget.

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 4-0 (PERNICE ABSTAINING) TO APPROVE THE MINUTES OF THE REDEVELOPMENT AGENCY MEETING OF APRIL 1, 2008.

CONSENT CALENDAR

CONSENT CALENDAR, continued:

End of Consent Calendar

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

There being no further business, the meeting adjourned at 8:09.