Ripon City Council Minutes
TUESDAY, MARCH 08, 2022 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 5:00 PM
CLOSED SESSION: The closed session was called to order at 5:00 PM.
PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.
ROLL CALL: Council Members Gary Barton, Daniel de Graaf, Leo Zuber, Vice Mayor Michael Restuccia. Absent: Mayor Dean Uecker.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code – 2 cases.
(2) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 1 case.
Planning Director Zuidervaart left the closed session at 5:19 PM.
Glen Hansen joined the closed session via phone at 5:23 PM and left the closed session at 5:34 PM.
Return to open session.
City Attorney Terpstra said Council met in closed session to receive an update on pending litigation matters and pending real estate negotiations. No reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Council Member Barton leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Chris Williams gave the invocation.
City Council Page 2 March 8, 2022
ROLL CALL:
Attendee Name Title Status Arrived
Dean Uecker Mayor Absent
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, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Engineering Supervisor Sarah Collins, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Kelly Donohue, Sam Samaniego, Di Quaresma.
PUBLIC DISCUSSION:
Di Quaresma said she grew up playing sports and is an avid tennis player. Quaresma said she has been working with Recreation Director Kye Stevens and Planning Director Ken Zuidervaart in respect to the construction of new tennis courts in Ripon. She said she wanted to share the progress with the City Council. She said the original idea was to construct new courts where the current courts are, but there is no room to grow, so they are looking to install new courts at the Mistlin Sports Park. Quaresma said she has established a 501(c)3 called Love-Love Ripon Tennis Foundation, has formed a board for the nonprofit, and currently has seven directors. She said it is important for the Council to understand that there are only four tennis courts in the City and while Mr. Stevens does an excellent job of bandaging them, they are old and the cracks never go away. The age of the courts, in addition to the fact that trucks drive over them creating potholes, makes it difficult to play on these courts. Quaresma said she has a general site plan she would leave with the Council detailing the location at Mistlin Sports Park and the design of the courts. She said the goal is six courts but it has been recommended that they try to install 12 courts. Quaresma said she has recruited, at no cost, an attorney, an engineer, and some individuals who work in construction and they are working on raising funds for the new courts.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of February 8, 2022 and the Special City Council Meeting of February 10, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
1. CITY COUNCIL - REGULAR MEETING - FEB 8, 2022 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - FEB 10, 2022 2:30 PM City Council Page 3 March 8, 2022
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Barton requested Items 1.3B and 1.4E be pulled from the Consent Calendar for discussion.
City Attorney Terpstra requested Item 1.4D be pulled from the Consent Calendar for discussion.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
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: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(February 2021 $206,759.00)
FY 2021-22 YTD: $3,097,188
FY 2020-21 YTD: $1,978,169
Highway Users Tax
(January 2021 $25,548.39)
FY 2021-22 YTD: $235,231
FY 2020-21 YTD: $221,360
SB1 Street & Road Tax
(February 2021 $21,802.17)
FY 2021-22 YTD: $217,200
FY 2020-21 YTD: $191,957
$640,278.32
$28,523.45
$25,255.95
TOTAL $694,057.72
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment –
February 2022 $1,212.72
City Council Page 4 March 8, 2022
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – January 2022 $1,561.60
D. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – December 2021 $25,069.35 E. MODESTO IRRIGATION DISTRICT
Annual Franchise Fee Payment - 2021 $131,034.91
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Code Enforcement
Meadowood
Bethany Home Society
Jack Tone Golf Lease Extension
Public Employee Relations Board
$9,440.00
$221.25
$1,032.50
$368.75
$3,931.25
$2,802.50
$2,433.75
TOTAL $20,230.00
B. PRICE PAIGE & COMPANY
Audit Services
Final Payment – Invoice #20951 $930.00
C. BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees $52,139.83
D. UNION BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $98,324.20 E. UNION BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $22,821.85
F. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
January Invoice #AR112990 $1,321.28
G. LDA
Corporation Yard Design Services
Progress Payment – Invoice #15/622-03-20 $10,000.00
City Council Page 5 March 8, 2022
H. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment
Invoice #4207
Invoice #4208
$1,445.00
$9,633.75
TOTAL $11,078.75
I. MCR ENGINEERING
Construction Management Services for the Stockton
Avenue Rehabilitation Project
Progress Payment – Invoice #16750 $15,630.00
J. D. A. WOOD CONSTRUCTION, INC.
Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #12 $207,604.45
K. SORACCO, INC.
Well 19 Pump Station
Progress Payment – Invoice #4 $148,445.10
L. HALPIN COMPLIANCE SOLUTIONS
Solid Waste/Recycling Regulatory
Consulting
Progress Payment - Invoice #21-R-1012
Progress Payment - Invoice #22-R-0010
$2,162.09
$713.61
TOTAL $2,875.70
M. STANTEC
Wastewater Discharge Permit Groundwater
Monitoring Progress Payment
3rd Quarter 2021 - Invoice #1892357 $1,995.00
N. TERRACON CONSULTANTS, INC.
Stockton Avenue Rehabilitation Project
Materials Testing & Inspection Services
Progress Payment – Invoice #TG41399 $1,847.00
1.3. Resolutions
A. RESOLUTION NO. 22-8
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING DESTRUCTION OF
CERTAIN FINANCIAL RECORDS,
DOCUMENTS, INSTRUMENTS,
BOOKS, AND PAPERS
This resolution authorizes the destruction
of certain financial records, documents,
instruments, books, and papers.
B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
City Council Page 6 March 8, 2022
C. RESOLUTION NO. 22-9
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING A GRANT DEED OF
CERTAIN REAL PROPERTY TO
THE CITY OF RIPON
This resolution accepts a Grant Deed for
APN 259-170-02 of certain real property
to the City of Ripon in connection with
public improvements and authorizes the
Mayor to sign and execute any and all
documents necessary to complete the
aforementioned transaction.
D. RESOLUTION NO. 22-10
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING THE PROCESS FOR
FUTURE CITY COUNCILS TO
CONSIDER WHEN FILLING A
VACANT CITY COUNCIL SEAT
This resolution approves the process for
future City Councils to consider
following when filling a City Council
vacancy as an open and transparent
process to find the most qualified
individual to fill a vacant City Council
seat.
E. RESOLUTION NO. 22-11
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
CERTIFYING THE APPOINTMENT
AND TERM TO FILL A PLANNING
COMMISSION VACANCY
This resolution approves appointing
Steve Stevenson (currently serving as
alternate) to Seat No. 3 on the Planning
Commission and Jeff Veilleux to Seat
No. 6 as an alternate on the Planning
Commission.
1.4. Miscellaneous Items
A. CLAIM
Robyn Gordon Deny the claim filed by Robyn Gordon.
B. ASSIGNMENT AND ASSUMPTION - MEADOWOOD RIPON, LLC
DEVELOPMENT AGREEMENT
Meadowood Residential Development
Project
Consent to the Assignment and
Assumption Agreement allowing Dasco
Greenwood, LLC to purchase the
project and land from Meadowood
Ripon, LLC located on the west side of
Fulton Avenue between Arc Way and
W. Colony Road and authorize the
Mayor to sign the acknowledgement and
acceptance by the City.
C. ASPHALT REPAIR CONTRACT
City Council Page 7 March 8, 2022
Dirt Dynasty, Inc. Approve and authorize the Mayor to
sign the contract with Dirt Dynasty, Inc.
to repair asphalt in various locations
throughout the City where excavations
have occurred to make repairs to City
underground utilities and potholes in the
not to exceed amount of $57,600
(funding source: Water & Sewer
Enterprise Capital Funds and the Street
and Road Operating Fund).
D. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. WASTEWATER TREATMENT PLANT GROUNDWATER MONITORING
AND REPORTING
Stantec Consulting Services, Inc.
Change Order No. 10
Approve and authorize the Mayor to
sign Change Order No. 10 with Stantec
Consulting Services, Inc. in the not to
exceed amount of $39,350 to extend
their Quarterly and Annual Groundwater
Monitoring and Reporting at the Ripon
Wastewater Treatment Facility until
February 26, 2025 (funding source:
Sewer Enterprise Operating Fund).
ITEMS PULLED FROM CONSENT
RESOLUTION NO. ______
1.3B: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
OPPOSING THE TAXPAYER
PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT
This resolution opposes the Taxpayer
Protection and Government Accountability
Act (AG# 21-0042A1).
Council Member Barton said he pulled this item because after reading the staff report, he did not feel he had enough information to understand the pros and cons of the Tax Payer Protection and Government Accountability Act. He did some research regarding the proposed Act and said he feels the Council could benefit from a more robust assessment of the pros and cons of the Tax Payer Protection and Government Accountability Act. Barton said he would propose continuing this item to next month giving Council more time to look closer at this and perhaps hear from the League of California Cities and someone from Howard Jarvis.
Vice Mayor Restuccia said he was glad Barton had pulled the item because he had similar questions.
City Council Page 8 March 8, 2022
RESULT: TABLED Next: 4/12/2022 6:00 PM
1.4D: PARCEL MAP
Parcel Map No. 21-62 Accept Parcel Map No. 21-62 (1501 North Jack Tone Road) from Pilot Travel
Centers, LLC and authorize the Mayor,
City Engineer and City Clerk to sign for
recording.
City Attorney Terpstra said he would leave the room for this item because there is a conflict of interest.
Motion to approve Item 1.4D Parcel Map 21-62.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
1.4E: STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.
Change Order No. 9
Approve Change Order No. 9 in the not to
exceed amount of $40,076 for additional
potholing required to adhere to PG&E
internal standards, demolition of an
industrial sewer manhole found within the
proposed curb and gutter, upsizing street
light conduits and the demolition of
asphalt found buried beneath existing soil
on Stockton Avenue (funding sources:
Sewer Enterprise Capital Fund and
Measure K).
Council Member Barton said he asked to pull this item because of the multiple change orders for this project and requested an update. City Administrator Werner said the original bid amount was $4.75 million and there have been $560,000 in change orders.
While that is higher than what the City normally sees on a project, it is not unusual for a project like this. He said when the design team went out and began the process there was a lot of work done to identify what utilities were underground. The design drawings were sent to PG&E in an attempt to get their record drawings into the design and understand their requirements throughout construction. As construction proceeded, multiple unanticipated utilities were discovered resulting in many of the change orders. He said he would like to add that many of the change orders are related to the underground work and those are being funded through the Enterprise Capital Funds, but the Street and Road portion of the project will be funded through grants received by the City. Werner said there is about $180,000 of Measure K grant money left to fund future street change City Council Page 9 March 8, 2022
orders. He said the project is transitioning from the underground portion to the surface work and construction crews are currently installing curb and gutter right now. Werner said he is anticipating completion of the project in June or July of 2022.
Council Member de Graaf said he understands the underground utilities but the potholes related to PG&E’s standards should have been known by PG&E beforehand and included in the inspector’s report. He asked if PG&E should pay for this. Werner said it was unfortunate that the inspectors from PG&E declined to include the potholes in their inspection report. He said as the project progressed it became difficult to work with PG&E regarding financial responsibility. Werner said if the City had known about it, they would have put that in the proposal that went out to bid and the City would have paid for it anyway.
Motion to approve Item 1.4E Stockton Avenue Rehabilitation Project Change Order 9.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
**END OF CONSENT CALENDAR**
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS
Fiscal Year 2022-2023 A public hearing to provide residents the opportunity to hear recommendations on
proposed projects and provide comments
to the City Council.
Recommended Action: Approve the
recommended 2022-2023 CDBG and
HOME Program funding allocations and
direct staff to process the necessary
documentation with San Joaquin County to
facilitate this grant program.
Planning Director Zuidervaart said this is the annual public hearing for allocation of Community Development Block Grant (CDBG) and HOME funds. Staff is recommending allocating the majority of the funds to the Senior Center Retrofit Project.
He said the project should be out to bid soon and if the project does not use up the funds, staff will come back to Council to allocate the remaining funds to another project.
Zuidervaart said staff received project applications for Bethany Home's Meals on Wheels and a few from the County. Staff is recommending funding most of them.
City Council Page 10 March 8, 2022
Zuidervaart said the HOME funds have been set aside in an account used to fund the lowincome down payment assistance program. He said there have not been many people using the program in Ripon; the City is working with the County to reallocate the funds.
Some of the ideas include affordable housing projects or rehabs versus just down payment assistance.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve the recommended 2022-2023 CDBG and HOME Programs funding allocations and direct staff to process the necessary documentation with San Joaquin County to facilitate this grant program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
3. ORDINANCES
Second Reading and Adoption
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.
Motion to waive the second reading and adopt 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: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
City Council Page 11 March 8, 2022
4. DISCUSSION ITEMS
A. WATER METER ENDPOINT TELEMETRY PURCHASE
Badger Meter, Inc.
Discussion/Action
City Council to consider the replacement
of endpoint telemetry devices for all City
water meters from Badger Meter, Inc. in
the amount of $228,140 (funding source:
Water Enterprise Capital Fund).
Director of Public Works Pease said the 3G cellular network is being phased out and the City is being forced to upgrade endpoints in order to continue to function. The endpoints had a battery life of 10-years and were scheduled for replacement in 2025. He said Badger Meter is giving the City a 50% cost reduction on the 4,148 necessary endpoints.
The new units will have a 20-year battery life: 10-year full warranty and a 10-year prorated warranty. Pease said there will be no service interruption to customers.
Council Member Zuber asked if the City will be doing the installation. Pease said yes, the City is planning to do the installation as they receive the endpoints, which will be staggered in their delivery.
Zuber asked if there are still people paying for their meter. City Clerk Roos said there are still four years left on the payments.
Barton said he assumes the new endpoints will be 5G compatible, and will work with the 4G service. Pease confirmed they are 4G and 5G compatible. Badger Meters new warranty provides a 10-year replacement warranty and 10-year prorated replacement in the event the networks go to 6G and these are not compatible.
Motion to approve the purchase of the new Water Meter Endpoint Telemetry Devices.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
REPORTS
Department Heads:
Chief Ormonde said March 9, 2022 at 2:00 PM they will be swearing in a new dispatcher.
Council Member Barton asked for an update on the vacant IT Supervisor position. Ormonde said IT Tech Crosby will be working more hours until they are able to reevaluate the position; they are not planning to fill the position for the next few months.
City Council Page 12 March 8, 2022
Recreation Director Stevens said in March 2021 the Council approved an MOU with Ripon Unified School District (RUSD) regarding the use of facilities for meetings and sports. He said there have not been any conflicts and both parties are happy. He does not recommend any changes at this time.
Stevens said the recreation programs are back in full force. He said participation has increased in the main sports from 2019 numbers. He said soccer had 774 signups in 2019 and 835 in 2021.
Council Member de Graaf asked if he thinks the increases are due to other cities not offering programs. Stevens said there is a little bit of that, but he is hearing positive feedback that people like our programs and are wanting to stay with Ripon recreation programs.
Planning Director Zuidervaart said Diamond Pet Food received final approval for their fourth production line last year and are currently operating the line. He said part of the condition of approval included monthly odor reports. He said there have been several months without any complaints and a few unconfirmed reports.
Barton and de Graaf both said they live near the facility and at times there is a faint smell but it may be the sewer ponds.
Zuidervaart said Happy Daze will be breaking ground on Thursday at 4:00 PM.
Director of Public Works Pease showed a drought graph from National Oceanic and Atmospheric Administration (NOAA) and said over the last year water has decreased about 3 feet in our wells. He said 2022 February water usage was identical to 2013. He said the rolling 12-month average is down about 13% from the 2013 numbers.
Pease said the summer watering schedule started this week and there will be extra patrols over the next few weeks to help remind people to only water during their allowed days and times.
Council Member Zuber said the graph shows our wells are 10 feet lower than in 2007. It is important that people realize that the groundwater is not being replenished during the winters.
Barton asked what the typical drawdown is on the wells. Pease said they do have the data, but he does not have it on him. Barton asked if they are going to have to adjust the settings of some of the pumps on those wells. Pease said that is a possibility.
Engineering Supervisor Collins provided an update on the Stockton Avenue Rehabilitation Project saying they are anticipating completion in the summer of 2022.
Collins said the majority of the underground work has been completed for Well 19. The project is at a standstill while waiting for project materials to come in. She anticipates completion in the summer of 2022.
Zuber asked what the building is at the site. Pease said it is the standard well building.
City Council Page 13 March 8, 2022
City Administrator Werner gave a brief update on the budget. His first slide showed a summary of the general fund and that the City is ahead of the February 2021 numbers. He said Sales Tax revenue was lower at the end of the 2020-2021 fiscal year but picked up at the start of the 2021- 2022 fiscal year. He said the City will receive about $160,000 from the refunding of redevelopment bonds, but it will be a one-time money. He said part of the budget process will be discussing possible uses for these one-time funds. Werner said revenue is about 8% higher than expected and expenses are about 1.3% lower than originally budgeted.
Werner said revenue has been pretty stable at about 3 to 3.5 million dollars a year over the past few years. The City receives sales tax revenue income every month but the payments are based off a calculation of previous years with the exception of August, November, February, and May.
In those months, the State will true up the numbers and give the City revenue based off actual sales for those periods of time. Werner said sales tax revenue is up $1.1 million or 56% from last year. He said gas prices are higher than usual right now so while the City usually receives about 45% of sales tax revenue from gas tax, the higher amount we are receiving is not something the City is planning on as a recurring revenue.
City Council:
de Graaf said the Almond Blossom Festival was a huge success and thanked the Chamber for all their hard work. He said thank you to the person who attended tonight’s meeting.
Zuber said there was a Chamber Board meeting this morning and he wanted to share some statistics from the Festival. He said there were 10,000 cars in the parking lot from Thursday to Sunday. The Chamber was able to sell $50,000 in advance tickets, the Carnival reported an additional $190,000 in ticket sales, and there were 83 parade entries. Zuber said the Chamber was able to net around $70,000 more than in 2020. He said the ladies at the Chamber worked very hard to make this a success and they did a great job.
Barton said the Almond Blossom weekend was very enjoyable and very well done and the parade was well attended. He said it was a wonderful reminder of why Ripon is so special.
Barton said this is a real credit to Kelly Donohue and her staff. He said he wanted to recognize the ladies who participated in the Almond Blossom Queen contest.
Vice Mayor Restuccia said April 2 at 8:00 AM is Ripon’s First Responder Appreciation Day with Sheriff Withrow as the guest speaker.
There being no further business, the meeting was adjourned at 7:01 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk