Ripon City Council Minutes
TUESDAY, FEBRUARY 08, 2022 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session was called to order at 5:30 PM.
PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.
ROLL CALL: Council Members Gary Barton (via phone), Daniel de Graaf, Leo Zuber, Vice Mayor Michael Restuccia, Mayor Dean Uecker.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, Police Chief Ormonde, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 2 cases.
(2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code.
Return to open session.
City Attorney Terpstra said Council met in closed session to receive an update on a pending real estate transaction and an update on pending litigation. No reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Vice Mayor Restuccia leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Mark Van Dyke 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 Remote
City Council Page 2 February 8, 2022
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Kelly Donohue, Mark Van Dyke, Will Apfel.
PUBLIC DISCUSSION:
District Supervisor Robert Rickman said he wanted to introduce himself. He said during the redistricting process that took place in December, Ripon was placed within the District he was elected Supervisor of. He said he is looking forward to working with the Council.
APPROVAL OF MINUTES:
Motion to approve the minutes of Regular Ripon City Council meeting of January 11, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1. CITY COUNCIL - REGULAR MEETING - JAN 11, 2022 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member de Graaf requested Item 1.2I be pulled from the Consent Calendar for discussion.
Vice Mayor Restuccia requested Items 1.3A and 1.3B be pulled from the Consent Calendar for discussion.
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: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
City Council Page 3 February 8, 2022
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(January 2021 $250,038.20)
FY 2021-22 YTD: $2,456,910
FY 2020-21 YTD: $1,771,410
SB1 Street & Road Tax
(January 2021 $27,456.09)
FY 2021-22 YTD: $191,944
FY 2020-21 YTD: $170,155
$204,621.66
$26,817.79
TOTAL $231,439.45
B. STATE OF CALIFORNIA
Vehicle License Fee FY 2020-21 Excess Funds
FY 2019-20: $11,683.61
$18,821.20
C. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
January 2022
February 2022
1,067.57
1,077.81
TOTAL $2,145.38
D. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment –
January 2022 $1,163.34
E. WASTE MANAGEMENT
Monthly Franchise Fee Payment – December 2021 $6,349.00 F. BERTOLOTTI DISPOSAL, INC.
Quarterly Franchise Fee Payment – December 2021 $1,312.00 G. VERTICAL BRIDGE
Annual Acacia Avenue Cell Tower Lease Payment $11,200.35
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Receivership
Bethany Home Society
Jack Tone Golf Lease Extension
$8,555.00
$1,032.50
$295.00
$1,275.00
$2,507.50
TOTAL $13,665.00
City Council Page 4 February 8, 2022
B. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #20793 $700.00
C. LEAGUE OF CALIFORNIA CITIES MEMBERSHIP
2022 Membership Dues $7,319.00
D. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
4 th Quarter 2021 - Invoice #2021-011 $5,054.91
E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
December Invoice #AR112963 $1,489.54
F. D. A. WOOD CONSTRUCTION, INC.
Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #11 $155,061.85
G. TERRACON CONSULTANTS, INC.
Well 19 Pump Station
Materials Testing & Inspection Services
Progress Payment – Invoice #TG23164 $757.00
H. MUNICIPAL FINANCIAL SERVICES
Water, Sewer and Garbage Enterprise Funds Annual Review Progress Payment – Invoice #202002-02 $1,920.00
I. ITEM I WAS MOVED TO ITEMS PULLED FROM CONSENT
J. ASPEN SURVEY COMPANY, INC.
State Mandated Survey Monument Evaluation
Progress Payment – Invoice #20-001-2 $1,000.00
K. LDA
Corporation Yard Design Services
Progress Payment – Invoice #14/622-03-20 $15,000.00
L. SHORELINE ENVIRONMENTAL ENGINEERING
Well 19 Pump Station & Site Design
Progress Payment – Invoice #937 $2,650.50
M. BASECAMP ENVIRONMENTAL, INC.
Lower Stanislaus River Multi-Use Trail
Project – Environmental Assessment
Progress Payment – Invoice #51367
Progress Payment – Invoice #51760
$997.50
$4,043.05
TOTAL $5,040.55
City Council Page 5 February 8, 2022
N. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #51157
Progress Payment – Invoice #51380
$3,584.31
$4,486.69
TOTAL $8,071.00
O. SORACCO, INC.
Well 19 Pump Station
Progress Payment – Invoice #3 $286,523.80
P. WOMACK STRIPING, INC.
Roadway Striping Maintenance Project
Final Payment – Invoice #13896 $54,790.00
Q. SKW & ASSOCIATES
Design Services for the Senior Center Retrofit Project
Progress Payment Invoice #205556
Progress Payment Invoice #205557R
Progress Payment Invoice #205605R
Progress Payment Invoice #205641
$17,910.00
$18.30
$208.66
$800.00
TOTAL $18,936.96
1.3. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
C. STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.
Change Order No. 8
Approve Change Order No. 8 in the not
to exceed amount of $36,120 for four
field changes: (1) resolving a conflict at
a storm drain connection point, (2)
resolving a storm drain conflict with an
existing sewer line, (3) a new service
meter on a previously unknown
waterline, and (4) installing a temporary
bypass line for a storm drain line that
was in conflict with a PG&E gas line
(funding sources: Water, Sewer and
Storm Enterprise Capital Funds).
ITEMS PULLED FROM CONSENT
1.2I : PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #89693 $540.00
City Council Page 6 February 8, 2022
Council Member de Graaf said this item involves his employer, Provost & Pritchard, so he would leave the room for this item.
Motion to approve Item 1.2I Provost & Pritchard Consulting Group.
RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, Barton
AWAY: de Graaf
1.3A : QUARTERLY INVESTMENT REPORT REVIEW
October 1, 2021 - December 31, 2021 Accept the City’s quarterly investment report for the period ending December 31,
2021.
Vice Mayor Restuccia said there is 30 million dollars in the LAIF account with a .23% return. The pool at Bank of New York is a 1.28% return. He said, while unsure about the ease of moving the money, it would make more sense to move more money from LAIF to the pool at Bank of New York. City Clerk Roos said the accounts are analyzed annually by herself and City Administrator Werner, but she will look into Bank of New York to learn more about the fees and the timing of transfers in order to be more active between the accounts.
Motion to approve Item 1.3A Quarterly Investment Report.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1.3B : PROFESSIONAL SERVICES AGREEMENT
Carl M. Maxey, Architect - Aesthetics
Consultant
Approve and authorize the Mayor to sign
the agreement with Carl M. Maxey,
Architect to perform an aesthetics study
for the Terraces at Bethany project with a
cost not to exceed $13,600.00 to be
reimbursed by Bethany Home.
Vice Mayor Restuccia said he did not see the reimbursement agreement with Bethany Home that was mentioned in the agenda. Planning Director Zuidervaart said Bethany Home already has a reimbursement agreement with the City that was approved at a previous Council meeting.
Council Member Barton asked if there will be a model of the project constructed or will it only be electronic. Zuidervaart said it will only be electronic.
City Council Page 7 February 8, 2022
Motion to approve Item 1.3B Professional Services Agreement.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
**END OF CONSENT CALENDAR**
2. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 912
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING THE CITY OF RIPON
MUNICIPAL CODE, TITLE 8,
CHAPTER 8.12 ENTITLED “GARBAGE
COLLECTION AND DISPOSAL”;
PROVIDING DEFINITIONS AND
PROVIDING FOR AN EFFECTIVE
DATE
This ordinance amends Chapter 8.12
Garbage Collection and Disposal to the
Ripon Municipal Code in order to include
the new State of California Organic Waste
Diversion regulations.
Director of Public Works Pease presented a PowerPoint presentation and said in 2016 Governor Brown signed into law SB1383 in an effort to reduce statewide emissions. That bill tasked CalRecycle and the Air Resources Board to adopt regulations to reduce organic waste in landfills. According to research performed by the State, 20 percent of methane pollution is coming from organic waste in the landfills. He said two of the other major sectors are dairies and the oil and gas sector, which both come in at 26 percent. Pease pointed out that the targets tied to the bill, as far as the reduction of organic waste disposal go, were never attainable. He said the infrastructure needed to process and recover the organic waste is not in place and based on the current CalRecycle projections of future facility construction, they will still be short by close to 8 million tons in 2025.
Pease said the first step required by CalRecycle is to adopt an ordinance, which will be used to regulate and enforce our program. The ordinance was originally supposed to be in place by January 1st although CalRecycle has now given jurisdictions until April to get them adopted due to the unreasonable short timeframe. He said the ordinance presented to Council amends Ripon Municipal Code Chapter 8.12. Staff’s approach when drafting the ordinance, was to make sure we are in compliance with the regulations, make it simple to follow and allow for flexibility within our collection program as we figure out what makes the most sense financially moving forward. This ordinance is what CalRecycle is deeming our “enforceable mechanism” which essentially gives us the authority to enforce SB1383 for the State on ourselves, the residents, and businesses. Pease said not having this in place by April will mean CalRecycle will come in and issue a corrective action plan along with civil penalties.
City Council Page 8 February 8, 2022
Pease said the first section is 8.12.035, Single Family Generators, and the main component of this is the requirement that homeowners subscribe to the City’s Organic Waste collection services and place designated materials in the correct containers according to our collection system.
Pease said the collection program is what staff is currently evaluating and working on. He said the goal is to meet the minimum requirements of what the law states at the lowest possible impact to our rate payers. He presented a slide showing the different options the City will have, including a 1, 2, or 3-can collection service. Pease said the big unknown is the costs from the processing facilities and that is who staff is having conversations with now to determine the City’s best option moving forward.
Pease presented the next section, Chapter 8.12.085, Commercial Generators, which requires businesses to subscribe to an approved collection service and place designated materials in the correct containers according to our collection system or one of our approved waste haulers. He said staff is working with these haulers along with our waste processing facilities and will bring recommendations once the options are evaluated. He said most businesses are currently served by Gilton, Waste Management or Bertolotti.
Pease continued by explaining that the State has broken compliance with the edible food recovery program into two tiers with deadlines two years apart. He said most of the Tier 1 facilities, like SaveMart are already participating in food recovery type programs. The proposed ordinance lays out the requirements for the different tiers of businesses who will need to partner with food recovery organizations, food banks and others in order to meet the criteria in the bill.
Pease said rather than spell out the requirements of procurement in our ordinance for SB1383, staff will be amending our Procurement Policy and bringing it back to Council for approval at a later date.
Pease outlined the City’s next steps as having Residential and Commercial Program options by April 2022, revising the ordinance as needed in June 2022 and considering Oversight Compliance options in July 2022.
Mayor Uecker asked how much food waste the average household throws away. Pease said he does not know how much. Uecker asked if they will need to have a special container.
Pease said that is part of the evaluations they will go through, and described the 1, 2 or 3 cart system.
Vice Mayor Restuccia said this is ridiculous and asked what the methane is today and what their goals are. He said this is going to cost every taxpayer and every business. Restuccia said this is an unfunded mandate.
Council Member Zuber said based on what he read, this is the classic horse before the cart situation. He said he heard Pease mention how long we have to get there and asked for clarification. Pease agreed with Zuber regarding this situation and CalRecycle is trying to work with staff because the facilities do not exist.
City Council Page 9 February 8, 2022
Council Member de Graaf said there will be numbers the City has to meet and asked who is going to determine those numbers. Pease said he does not have the numbers but the collectors will have to complete self-audits, including periodically laying out garbage trucks at the landfill to give them percentages of the organics.
Zuber said there will have to be audits at the local level if there is an enforcement mechanism.
Uecker asked if it would make sense for the City to continue as is and then hire someone to pick up specific garbage. de Graaf said it would make more sense for people to dump the garbage in the black can and have it hauled to a facility that will sort it and dispose of it within regulations. Pease said that will be part of the evaluation.
Barton said under 8.120, Section D single family generators, it appears as though there is an option to prevent or reduce waste generation. He believes education will be an important component of this. He asked Pease if he has begun to consider this. Helping residents understand what they can do with this organic waste. He said there are other ways to get rid of waste without putting it in the trash bin. Pease said yes, and once recommendations are made to Council, staff will need to start developing education and outreach efforts.
Restuccia asked if the City has enough Public Works staff to do what is going to be required with the new regulations. Werner said that will be part of the analysis. Staff will be looking at how they will bridge the gap from where we are today to implementing a program and educating people to inspection, enforcement and reporting.
Barton said the staff report says by 2025 not less than 20 percent of currently disposed edible food is recovered by human consumption. He said this sounds like codified dumpster diving.
Pease said that is the edible food recovery program, and is for grocery stores and businesses, not homeowners. The regulations for those businesses is in the ordinance. The ordinance gives City authority to enforce the regulations.
Restuccia said regarding the education portion, the City needs to make it clear that this is a State mandated program and not from the City. The residents need to know the City is not behind this.
Motion made to waive the first reading and introduce Ordinance 912 amending Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code in order to include the new State of California Organic Waste Diversion regulations.
RESULT: FIRST READING [UNANIMOUS] Next: 3/8/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
City Council Page 10 February 8, 2022
3. DISCUSSION ITEMS
A. SAN JOAQUIN ONE VOICE ADVOCACY TRIP 2022
2022 One Voice Projects:
1. Regional Project - Ripon Multi-Modal
Station
2. Local Project - North Ripon / River Rd.
Signalized Intersection
Discussion/Action
City Council to consider approving the
Ripon Multi-Modal station as the City of
Ripon “Regional Transportation Project”
and the North Ripon / River Rd.
Intersection Improvement Project as the
City of Ripon “Local Priority Project” for
the 2022 One Voice trip.
Additionally, if the City Council is
interested in sending a representative or
representatives to participate in the 2022
One Voice trip, please designate and
approve the City’s representative(s) to
attend.
City Administrator Werner said the in-person trip was cancelled last year and was held virtually. He said this year they are optimistic for an in-person meeting, but there are roadblocks considering the requirements for Washington D.C.
Mayor Uecker asked for clarification. Werner said Washington D.C. requires people to present proof of vaccination in order to enter any indoor business.
Vice Mayor Restuccia said it is hard enough to go there and with COVID restrictions, it is almost pointless to go.
Werner said it conflicts with a City Council meeting.
Council members said they did not want to go to Washington D.C. and direction was given to staff to submit the proposed projects.
B. STATE WATER SHUTOFF MORATORIUM DUE TO COVID-19
Discussion/Action Staff to update the City Council on the impact to delinquent utility accounts from
the State of California's COVID-19
moratorium on water shut-offs that ended
December 31, 2021.
City Clerk Roos said section 13.04.230 of the Ripon Municipal Code requires that unpaid utility accounts be charged a 10 percent fee for each month during the time that the bill remains unpaid.
City Council Page 11 February 8, 2022
Roos said under normal circumstances, the City of Ripon would apply the 10 percent late fee for no longer than two months that an account is not paid. After two months, water service is discontinued until the delinquent bill is made current. She said the City’s late fee is intended to charge a fee to delinquent accounts that reimburses the enterprise funds for the additional administrative time and expenses involved to collect the amount owed, along with the amount of unrealized interest on the outstanding balance.
Roos said as a result of the COVID-19 pandemic, in March 2020, Governor Newsom signed Executive Order N 42 20 which prevented public agencies from disconnecting water services for nonpayment during the COVID-19 pandemic. The water shutoff moratorium was to remain in place until September 30, 2021, but this deadline was later extended until December 31, 2021 through Senate Bill 155, meaning shutting off water.
Roos explained that because of the Governor’s Order, staff has not been able to utilize the City’s normal process to shut-off water service to collect delinquent balances after two months, so during the time of the moratorium, delinquent account holders were only notified each month of the outstanding balance and late fees, but no other action was taken by staff.
Roos said now that the moratorium ended on December 31, 2021, City staff is making plans to transition from the moratorium to our normal process of disconnecting services and collecting outstanding balances. Roos outlined the plan saying the City will send letters to customers with delinquent accounts on February 14, 2022 that note the outstanding balance and the date the account holder must pay or enter into an Amortization Agreement for the outstanding balance. She said on March 1, 2022 and April 1, 2022, customers will receive their regular bill, which has a large watermark across it if they are delinquent. Roos explained this is our new process of notifying customers that they are past due and in jeopardy of having their water turned off. Roos said around April 13, 2022, the City will take an additional step and place a door hanger on the properties of the customers to be shut off the following week and the week of April 18, 2022 the City will turn-off water service for past due balances.
Roos said staff has been applying late fees as stated in the Municipal Code during the moratorium, 10 percent applied each month on the outstanding balance.
Roos said the impact of late fees on individual accounts vary, there are some accounts with no late fees, others where the late fees for residential customers are negligible, and other accounts that are being applied late fees of $260 per month.
Roos said staff is seeking direction from the City Council regarding two options related to applying late fees for unpaid balances during the COVID-19 water shut-off moratorium ordered by Governor Newsom. Option 1 is to continue to apply the 10 percent late fee as prescribed in the Ripon Municipal Code and option 2 is to adjust the late fee from 10 percent to 2 percent during the period of March 2020 to April 2022 when the City’s normal process of applying late fees and implementing water shut-offs resumes, as stated in the Municipal Code.
Roos reiterated that the intent of the City’s late fees is to recover expenses incurred to City Council Page 12 February 8, 2022
collect the outstanding balance plus lost revenue from the accrual of interest. Roos continued saying during the prolonged period of the water shut-off moratorium, these administrative actions to collect the outstanding balance did not happen, and the enterprise funds did experience a financial loss as a result of lost revenue from not earning interest on the outstanding balances. She said if the City Council was to move forward with Option 2, staff is recommending that a late fee of 2 percent be applied to all outstanding balances from the start of the moratorium to the time when the City’s normal process resumes.
Roos said if Option 2 is selected, staff will make the necessary adjustments to those accounts that have already paid the late fee to adjust for the 2 percent late fee.
Roos said additionally, the State is offering a Water Arrearages Program that will pay the City for outstanding water enterprise fund balances that were delinquent as of June 2021 and will provide partial benefit to customers with delinquent balances at that time, but does require the City to write-off any late fees associated with the amount of water fees paid from the State. She said the initial estimate from the State is Ripon could receive $27,859 of funds from this program and would result in writing off $9,400 of late fees.
She said staff believes that the impact of this adjustment is worth the benefit of writing off the delinquent fees. Staff is recommending the City Council direct staff to bring back an urgency ordinance to implement Option 2 and the City participate in the Water Arrearages program and similar programs, if available.
Council Member Zuber asked if the 10 percent was assessed every month. Roos said it was. Zuber said the City is receiving 3 million dollars from the Federal Government and should use some of the money to pay for the late fees incurred.
Council Member Barton said no one forced residents to use City utilities, and there were people who did pay those fees. He said the Ripon Municipal Code says if a resident does not pay their bill, the rules are clear, they are assessed a 10 percent late fee. Barton said the City should not be in a position to bear the burden of people who did not pay their bill.
Zuber said it is not a burden to the City and the City was given a gift to fix this problem.
Barton said this is part of the Code.
City Administrator Werner said the intent of the 10 percent late fee is to make the enterprise fund whole and covers the actions to recover the two month time period. If the Council’s action is to go with Option 2 or another version, staff’s plan is to apply it to everyone during the moratorium period, including those who actually paid the late fees and credit the account.
Vice Mayor Restuccia said people took advantage of the moratorium, but there were people who could not pay their utility bill. He said the City did the small business grants and this is a way to help the residents in the same way. Mayor Uecker asked if the 10 percent is compounded. Roos said the fee is on the services only, the interest is not compounded.
City Council Page 13 February 8, 2022
Uecker said he knows someone who now has to pay $5,000 to have their water turned back on because the renter did not pay the utility bill. Werner said that is one of the accounts that was accruing about $250 a month in late fees. Barton said this goes back to his point, someone chose not to pay their bill for services they used. He said it does not make sense to him to consider offering relief to someone who would not pay their bill, and he understands there were people who were under financial duress, but most people decided they would pay their bill.
Zuber said it does not make sense to him that the discussion is starting to lump people together and Council does not know how many people could not pay the bill or would not pay the bill or did not know the bill existed. It would be a considerable burden on staff to try to figure that out and there would not be any satisfactory answers. Zuber said people still need to pay for the services and the two months they would have paid otherwise, he would like to look at how much it would cost to take the rest of it and charge it against the COVID relief money. Zuber said he does not wish to waive the water bill or the penalty they would have been assessed pre-COVID.
Werner said the total penalties are about $250,000. Werner said Council can use the COVID money for this if they would like to. Restuccia said the money was to shore up lost revenue.
Werner said staff is looking for direction from Council regarding the late fees.
Roos said residents will have the option to sign up for an amortization plan by March 31, 2022 so they can pay their outstanding balance over 12 months. Restuccia asked if there are State programs people can apply for. Roos said there are State program and County programs and when residents called about their outstanding balances, staff gave them the information so they could apply for help from the County. Restuccia asked if staff could send that information to the residents along with their notices. Roos said that is a possibility, staff has sent the information through Nixle and given the information to customers who have contacted the City.
Zuber said he would like to go with option 2. de Graaf countered with 10 percent for the first two months and 2 percent for the rest of the time owed. Zuber agreed. Restuccia also agreed and said that makes sense.
Barton asked what point will the late fee revert back to the 10 percent. Roos said she would propose the 2 percent only go through the April billing cycle when our normal shutoff process resumes in April.
Motion to approve a late fee adjustment from March 2020 to April 18, 2022 of 10 percent for the first two months and 2 percent for the remaining months.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
City Council Page 14 February 8, 2022
Motion to approve the City’s participation in the Water Arrearages program and other similar programs.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
REPORTS
Department Heads:
Police Chief Ormonde presented a PowerPoint report on the Police Department end of year statistics. Ormonde said he included 2019 for comparison because 2020 and 2021 are very similar. He said total incidents are down 4,000 incidents or 4.08% since 2019. Uniform Crime Reporting (UCR) Part 1 crimes are up 10 incidents with the largest increase in simple assault, mostly domestic violence. He said there was as significant decrease in grand larceny with a decrease of 26 incidents.
Ormonde said misdemeanor arrests went down by 291, and felony arrests were down by 8 but a significant portion of cases are not filed.
Ormonde said in 2021 the department received 0 formal complaints and 0 internal affairs.
Council Member Barton said he wanted to commend the department on this accomplishment.
Ormonde said mental health reports went from 50 in 2019 to 44 in 2020 and 61 in 2022. He said he anticipates this number to increase. Ormonde said every time an officer takes someone into custody for mental health, it takes that officer off the street for 4 to 10 hours.
Ormonde summarized the traffic portion of the report saying there was 2,300 traffic stops in 2021, which was a decrease of almost 1,500 from 2019. The report shows citations for Hazardous Violations went up 20% since 2019. Ormonde said 85% of citations issued are hazardous violations. He said traffic collisions were down 40 from 2019 with drunk drivers causing 14 injuries in 2021.
Ormonde said the department saw an uptick in animal impounds in 2021, animal impounds went up from 286 to 291 and 19 animals euthanized as compared to only 6 in 2020. He said this is due in part to the animal shelter not being able to open for adoptions because of COVID restrictions.
Ormonde said on February 9, 2022 there will be an Area of Responsibility (AOR) 1 meeting at the Police department.
Planning Director Zuidervaart said there is Planning Commission meeting is at 6:00 PM on February 14. He said the items on the agenda include consideration for a hotel by the Angle gas station and a Major Site Review for a retail center near Tractor Supply.
City Council Page 15 February 8, 2022
Director of Public Works Pease said water usage is down 1% from 2013 numbers and down 1% from last year’s numbers.
City Council:
Council Member de Graaf said he wanted to commend Chief Ormonde for a job well done. de Graaf said he wanted to remind the public that Almond Blossom will be the last weekend in February.
de Graaf said he wanted to thank everyone for coming to the meeting.
Council Member Zuber said the Almond Blossom Parade is at 1:00 PM on February 26, 2022.
Vice Mayor Restuccia said he gave the Council members a wristband from the Freedom from Masks event that he attended.
Restuccia said he sent an invite to Council for the First Responder appreciation event on Saturday, April 2, 2022. He said Sheriff Withrow will be the guest speaker.
Restuccia said the League of California Cities sent out an item regarding AG 2100042A1, the Taxpayer Protection Government Accountability Act. The Act takes authority away from local agencies to fine and assess fees. He would like staff to look into it. He feels the bill would have a negative financial impact on the City.
Restuccia said Council had discussed codifying the process for appointing a Council member in the event a Council member leaves before the end of the term.
Mayor Uecker said the numbers on the crime report from Chief Ormonde were impressive.
There being no further business, the meeting was adjourned at 7:38 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk