Ripon City Council Minutes
TUESDAY, JANUARY 11, 2022 – 6:00 PM
REGULAR MEETING
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Council Member Zuber leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Glenn Gerdes gave the invocation.
ROLL CALL:
Attendee Name Title Status Arrived
Dean Uecker Mayor Present
Michael Restuccia Vice Mayor Present
Leo Zuber Council Member Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra (via phone), Planning Director Ken Zuidervaart, Police Chief Ed Ormonde, City Clerk Lisa Roos, Planning Secretary Mitzi Johnston, Information Systems Technician Hunter Crosby, Glenn Gerdes, Mark Marotz.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of December 14, 2021.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Leo Zuber, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
A. CITY COUNCIL - REGULAR MEETING - DEC 14, 2021 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Zuber requested Items 1.4D and 1.4E be pulled from the Consent Calendar for discussion.
City Council Page 2 January 11, 2022
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(December 2020 $254,507.46)
FY 2021-22 YTD: $2,252,288
FY 2020-21 YTD: $1,521,372
Highway Users Tax
(December 2020 $33,368.78)
FY 2021-22 YTD: $206,708
FY 2020-21 YTD: $195,812
SB1 Street & Road Tax
(December 2020 $22,255.35)
FY 2021-22 YTD: $165,126
FY 2020-21 YTD: $142,699
$206,690.06
$29,879.32
$26,045.91
TOTAL $262,615.29
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment –
December 2021 $1,163.34
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment –
October 2021
November 2021
1,999.46
2,154.11
$4,153.57
City Council Page 3 January 11, 2022
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Fire District Coordination
Bethany Home Society
Jack Tone Golf Lease Extension
$9,292.50
$1,960.00
$663.75
$3,612.50
$368.75
TOTAL $15,897.50
B. D. A. WOOD CONSTRUCTION, INC.
Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #10 $220,575.75
C. SORACCO, INC.
Well 19 Pump Station
Progress Payment – Invoice #2 $103,435.36
D. TERRACON CONSULTANTS, INC.
Well 19 Pump Station
Materials Testing & Inspection Services
Progress Payment – Invoice #TG11026 $712.00
E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
November Invoice #AR112943 $1,143.72
F. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #20622 $1,500.00
G. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2021-2022 3rd Quarter Deposits
Liability Program
2021 Liability Retrospective Adjustment
Workers’ Compensation Program
$78,987.00
$29,263.00
$131,139.00
TOTAL $239,389.00
H. LDA
Corporation Yard Design Services
Progress Payment – Invoice #13/622-03-20 $5,000.00
I. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment
Invoice #4181
Invoice #4182
$2,108.00
$4,435.00
TOTAL $6,543.00
City Council Page 4 January 11, 2022
J. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #26100 $385.00
1.3. Resolutions
A. RESOLUTION NO. 22-1
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING THE CITY ENGINEER
TO PREPARE ON BEHALF OF THE
CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR
2022-2023 PERTAINING TO THE
ANNUAL ASSESSMENTS FOR
ASSESSMENT DISTRICT NO. 05-1,
CITY OF RIPON, COUNTY OF SAN
JOAQUIN CALIFORNIA,
COMMONLY KNOWN AS CITY OF
RIPON LIGHTING DISTRICT
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon Lighting District.
B. RESOLUTION NO. 22-2
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING THE CITY ENGINEER
TO PREPARE ON BEHALF OF THE
CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR
2022-2023 PERTAINING TO THE
ANNUAL ASSESSMENTS FOR THE
CITY OF RIPON'S TEN
LANDSCAPE MAINTENANCE
DISTRICTS LOCATED IN THE
COUNTY OF SAN JOAQUIN,
CALIFORNIA.
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon’s ten Landscape Maintenance
Districts.
City Council Page 5 January 11, 2022
C. RESOLUTION NO. 22-3
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING A GRANT DEED /
GRANT OF PUBLIC UTILITY
EASEMENT OF CERTAIN REAL
PROPERTY TO THE CITY OF
RIPON
This resolution accepts a Grant Deed /
Grant of Public Utility Easement of
certain real property located at 467 N.
Wilma Avenue to the City of Ripon in
connection with the 2004 Hughes Lane
Street Widening Project, and authorizes
the Mayor to sign and execute any and all
documents necessary to complete the
aforementioned transaction. In 2004, the
City of Ripon completed the Hughes
Lane Street Widening Project. As part of
this project, a dedication of property and
a public utility easement was drafted;
however, it was never recorded.
D. RESOLUTION NO. 22-4
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING CITY COUNCIL
MEMBER APPOINTMENTS TO
VARIOUS BOARDS,
COMMISSIONS, TASK FORCES,
AND COMMITTEES
This resolution approves the City Council
Member appointments to local and
regional Boards, Commissions, Task
Forces, and City Council Committees for
2022.
E. RESOLUTION NO. 22-5
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
TRANSPORTATION
DEVELOPMENT ACT FUND, THE
MEASURE K FUND, AND THE
TRANSIT ENTERPRISE FUND
AUDIT REPORT FOR THE FISCAL
YEAR ENDED JUNE 30, 2021
This resolution accepts the City of Ripon
Transportation Development Act Fund,
the Measure K Fund and the Transit
Enterprise Fund Audit Report for June
30, 2021, prepared by LSL, CPAs.
City Council Page 6 January 11, 2022
1.4. Miscellaneous Items
A. FIRST AMENDMENT TO THE PROJECT IMPROVEMENT AGREEMENT Jimco Truck Stop Approve the First Amendment to the
Project Improvement Agreement for
Jimco Truck Stop between the City of
Ripon and RAT Oil, Inc. and Subtera,
LLC, a California Corporation and
authorize the Mayor to sign for
recording.
B. WELL 19 PUMP STATION
Soracco, Inc. Approve Change Order No.1 for
demolition of existing 10-inch irrigation
line and increase in materials and labor
to install the new 10-inch irrigation line
in the not to exceed amount of
$8,865.33 (funding source: Water
Enterprise Capital Fund).
C. SERVICE AGREEMENT
Covanta Environmental Solutions Approve and authorize the Mayor to sign the agreement with Covanta
Environmental Solutions for DEA
controlled substances and assured
destruction of adjudicated evidence for
the Police Department (funding source:
General Fund).
D. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. CLAIM
Mike Cady Accept the claim filed by Mike Cady.
G. AGREEMENT
UniFirst Approve and authorize the Mayor to
sign the agreement with UniFirst to
provide uniform and other
miscellaneous laundry services for the
City beginning March 14, 2022.
H. STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.
Change Order No. 7
Approve Change Order No. 7 for three
field changes required to install the
water line in the not to exceed amount
of $24,300 (funding source: Water
Enterprise Capital Fund).
City Council Page 7 January 11, 2022
ITEMS PULLED FROM CONSENT
1.4D : EQUIPMENT REPLACEMENT - COMPUTER SERVERS AND STORAGE CDW-G, LLC Approve and authorize the purchase of
computer servers, backup storage, and
associated hardware to bring computer
network for the Police Department up to
industry standards at a cost not to exceed
amount of $57,758.07 (funding source:
General Department Capital Fund).
Council Member Zuber asked how these items are being paid for. He asked what is the General Department Capital Fund and does each department have their own fund or do all departments have access to this fund.
City Administrator Werner replied it is one fund that all departments can use to fund capital replacement items such as new computers or new cars.
Zuber asked how it is decided how much goes into this fund. Werner said a few years ago the City determined what might be needed for repairs and replacement of items and put that money into this account. Werner added that Parks Improvements and Enterprise Capital are not included in this as they have their own capital replacement funds.
Motion to approve agenda item 1.4D Eqipment Replacement – Computer Servers and Storage.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1.4E : EQUIPMENT REPLACEMENT - DISPATCH CONSOLE RADIO UPGRADE La Rue Communications Approve and authorize the purchase of new dispatch console radios to replace the
current outdated system and to bring the
fourth dispatch station into service at a
cost not to exceed amount of $220,502.62
(funding source: General Department
Capital Fund).
City Council Page 8 January 11, 2022
Motion to approve agenda item 1.4E Equipment Replacement – Dispatch Console Radio Upgrade.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
**END OF CONSENT CALENDAR**
2. RESOLUTIONS
A. RESOLUTION NO. 22-6
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING THE CITY COUNCIL
COMMITTEE ROLES AND
RESPONSIBILITIES
This resolution approves the roles and
responsibilities for Ripon City Council
committees.
Vice Mayor Restuccia commented that Werner did a good job in putting together the roles and responsibilities of each committee as it helps formalize it and have a process in place.
Motion to adopt Resolution 22-6 approving the Roles and Responsibilities for Ripon City Council Committees.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
3. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. PLANNING APPLICATION FEE SCHEDULE UPDATE
RESOLUTION NO. 22-7
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RIPON
ESTABLISHING A REVISED
PLANNING APPLICATION FEE
SCHEDULE TO INCLUDE SIDEWALK
DINING PERMITS AND RESCINDING
ALL PREVIOUS RESOLUTIONS IN
CONFLICT HEREWITH
This is a public hearing to consider the
Planning Agency Fee Schedule amendment
to add a fee for the processing of Sidewalk
Dining Permits within the City of Ripon.
Recommended Action: Adopt the
resolution amending the Planning Agency
Fee schedule, which adds “Sidewalk
Dining Permits” to the fee schedule.
Planning Director Zuidervaart said at the December City Council meeting Council rescinded Chapter 5.48 “Outdoor Dining Within a Public Right-of-Way” and adopted Ordinance No. 910 amending Chapter 5.44 “Sidewalk Dining on Public Walkways”. Zuidervaart mentioned City Council Page 9 January 11, 2022
the dining area in the street parking spaces has been removed. He said this public hearing adds the fee for a sidewalk dining permit to the planning agency fee schedule. He said in doing a study it was determined the review time for these permits would be similar to sidewalk vendor permits and added that an annual renewal fee would be $75.00 for businesses in good standing.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Vice Mayor Restuccia asked if this fee covers staff’s costs. Zuidervaart replied yes.
Mayor Uecker commented that the downtown area looks nicer and feels safer without the dining area in the parking spaces. Zuber agreed.
Motion to adopt Resolution 22-7 amending the Planning Agency Fee Schedule, which adds “Sidewalk Dining Permits” to the fee schedule.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
4. DISCUSSION ITEMS
A. WATER, SEWER, GARBAGE ANNUAL RATE ADJUSTMENT ANALYSIS Discussion/Action Staff is recommending the City Council approve implementing the full rate
increases for the water (2%), sewer (4%)
and garbage (5%) enterprise funds
approved in the 2020 5-Year Rate Study,
as of February 1, 2022.
City Administrator Werner gave a background on this item saying the City does have Enterprise Funds that provide the water, sewer and garbage services. He said the money that we collect from the revenue for these services pays for the operations of each of these services. Werner said similar to the General Fund, money is transferred to the Enterprise Capital Funds to pay for replacement of capital items such as wells, pumps and other facilities that age out of service over the years.
Werner said in 2020 the City went through a Prop 218 process that allowed the voters to approve rate increases over a 5-year period. That set the rate increases for years 2021 through 2025. Werner said Council directed staff to evaluate these increases each year to make sure they are truly needed or recommend they be reduced, as they cannot be increased.
City Council Page 10 January 11, 2022
Werner said the City has retained the consultant Tom Pavletic with Municipal Financial Services who did the 5-year study which is attached to the staff report. He said Pavletic is recommending the City Council approve implementing the full rate increases approved in the 2020 5-Year Rate Study. The recommended rate increase would be 3.5 percent of a resident’s bill.
Werner said staff is watching closely the solid waste regulations, which are out of the City’s control, which will increase our operating expenses. These regulations have affected our partners where we bring our solid waste. Their tipping fees have increased which are then passed down to the City. The other concern is AB1383, which will have extensive expenses associated with it.
Werner said the other item of concern is what is happening in the market right now with construction costs. When the City did the 5-year study, we assumed we would know how much it is to drill new wells and replace pumps and the City is seeing significant increases in these costs. Werner said the third item of concern is general impacts from inflation and for personnel expenses.
Vice Mayor Restuccia commented that the solid waste will be the biggest unknown with all the regulations and we do not have any control over this. We can control what we need but not the cost. Restuccia asked if Werner meant to put the redline version in the staff report and noticed that it was not there. Werner said he does have a redline version and can talk about the changes. He said Restuccia brought up some items to be incorporated into the report, such as we were not consistent with how we refer to the Sewer Enterprise Funds sometimes calling it the Wastewater Enterprise Fund. This change was made throughout the report to be consistent. The second change was with the coverage requirements. The report talks about the funds where we have bonds and the term “technical minimum coverage requirement”. This has been changed to refer to the bonds and the covenants of the bonds. Werner said lastly staff took a part of Finance Director Roos’ report related to the audit to show the reader of the memo a summary of the finances for each of the funds based off the last increase that happened February 2021 and what it looked like the entire fiscal year.
Council Member Zuber said regarding the garbage rate there is a point in time where Werner would bring to staff how much was originally in the fund, how much was used and how much is currently in the fund. Zuber said historically we have been well below what our own program says we should have in the Enterprise Fund. He said he was not able to tell from this report if that was going to be addressed and improved with this rate increase. Zuber said if we needed to replace a garbage truck, we would not have the funds to do so. Werner said the table that Restuccia requested be added to the report reflects this. Werner said these increases are really related to the tipping fees that we have to pay.
Mayor Uecker asked if that money is just sitting in Capital or does the City invest it in any way. Werner said everything is pooled together and tracked by different line items.
This information is in the reports that Roos sends out to Council. Werner said the money is pooled together and put into investments.
City Council Page 11 January 11, 2022
Council Member de Graaf said the rate increases are what the voters already approved and these charges go only to provide the coverages for the costs of the services. No money is being made off these rates increases.
Council Member Barton asked Werner to recount how the City compares to other local cities in this area. Werner said this data is in the 2020 report but recalls that Ripon is the second lowest compared to the cities that were surveyed, which were Escalon, Lathrop, Manteca, Ripon, and Tracy. He said he would send this survey to City Council.
Motion to approve implementing the full rate increases for the water (2%), sewer (4%) and garbage (5%) enterprise funds approved in the 2020 5-Year Rate Study as of February 1, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
REPORTS
Department Heads:
Planning Director Zuidervaart said there will not be a January Planning Commission meeting.
City Council:
Council Member de Graaf thanked everyone who attended the meeting.
There being no further business, the meeting was adjourned at 6:27 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk