Ripon City Council Minutes
TUESDAY, AUGUST 09, 2022 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session meeting 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, Daniel de Graaf, Leo Zuber, Vice Mayor Michael Restuccia, Mayor Dean Uecker.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Unrepresented Employee: Senior Civil Engineer
Return to open session.
City Attorney Terpstra said Council met in closed session for a general discussion regarding the Senior Civil Engineer position and no reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Council Member Leo Zuber leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Rex Rodgers 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
City Council Page 2 August 9, 2022
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Kelly Donohue, Michael Ferrara, Keith Newhard, Pete Duyst, Jeff Miller, Mel Mulder, Dave Van Elderen, Henry Meester, Connie Jorgenson.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Special Ripon City Council meeting of June 9, 2022 and the Regular City Council Meeting of July 12, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1. CITY COUNCIL - SPECIAL MEETING - JUN 9, 2022 1:00 PM
2. CITY COUNCIL - REGULAR MEETING - JUL 12, 2022 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Zuber requested Item 1.3B 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: 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
City Council Page 3 August 9, 2022
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(July 2021 $280,644.05)
FY 2022-23 YTD: $377,139
FY 2021-22 YTD: $280,644
Highway Users Tax
(June 2021 $33,463.86)
FY 2021-22 YTD: $388,885
FY 2020-21 YTD: $353,079
SB1 Street & Road Tax
(July 2021 $28,787.67)
FY 2022-23 YTD: $29,227
FY 2021-22 YTD: $28,788
$377,138.56
$30,411.46
$29,226.62
TOTAL $436,776.64
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
July 2022 $1,212.72
C. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
August 2022 $1,077.81
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – June 2022 $2,649.79
E. BERTOLOTTI DISPOSAL, INC.
Quarterly Franchise Fee Payment – June 2022 $1,291.26
F. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – June 2022 $12,119.63
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Fire District Coordination
Bethany Home Society
Public Works Union’s Labor Practice
Complaint
$8,776.25
$442.50
$1,401.25
$1,487.50
$1,548.75
TOTAL $13,656.25
City Council Page 4 August 9, 2022
B. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
June Invoice #AR113174 $1,558.10
C. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
2 nd Quarter 2022 - Invoice #Ripon 22Q2 $3,422.90
D. CAVES & ASSOCIATES
Professional Services – Labor Relations
Invoice #22-153 $43.75
E. LIEBERT CASSIDY WHITMORE
Professional Services
Invoice # 222193
Invoice # 222194
$4,564.00
$1,287.00
TOTAL $5,851.00
F. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #53625 $6,777.75
G. LDA
Corporation Yard Design Services
Progress Payment – Invoice #18/622-03-20 $1,000.00
H. D. A. WOOD CONSTRUCTION, INC.
Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #17 $232,485.19
I. SORACCO, INC.
Well 19 Pump Station Project
Progress Payment – Invoice #9 $72,786.15
J. SKW & ASSOCIATES
Design Services for the Senior Center Retrofit Project
Progress Payment – Invoice #205903 $380.00
K. BASECAMP ENVIRONMENTAL, INC.
Environmental Services for the Senior Center Retrofit
Project Payment
Invoice #51832
Invoice #51865
$2,900.00
$2,000.00
TOTAL: $4,900.00
City Council Page 5 August 9, 2022
L. BASECAMP ENVIRONMENTAL, INC.
Lower Stanislaus River Multi-Use Trail Project
Environmental Assessment
Progress Payment – Invoice #51912 $5,973.95
M. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
Progress Payment
1st Quarter 2022 - Invoice #1958505 $1,896.00
N. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #27013 $405.00
O. TERRACON CONSULTANTS, INC.
Well 19 Pump Station
Materials Testing & Inspection Services
Progress Payment
Invoice #TH03662
Invoice #TH12040
$512.00
$512.00
TOTAL: $1,024.00
1.3. Resolutions
A. RESOLUTION NO. 22-34
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER
OF CERTAIN MUNICIPAL FUNDS
This resolution authorizes transfers of (1)
Enterprise Operating Funds to Enterprise
Capital Reserve Funds, (2) General Fund
to Landscape Maintenance Districts with
deficits, (3) General Fund to CNG Station
Capital Reserve Fund, and (4) General
Fund to PERS Contingency Fund for the
2021-2022 fiscal year.
B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
C. RESOLUTION NO. 22-35
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING AND ADOPTING THE
MILITARY EQUIPMENT USE
POLICY OF THE RIPON POLICE
DEPARTMENT PURSUANT TO
SECTION 7071 OF THE
GOVERNMENT CODE
This resolution approves and adopts the
Military Equipment Use Policy.
City Council Page 6 August 9, 2022
1.4. Miscellaneous Items
A. POLICE DISPATCH SERVICES AGREEMENT
City of Escalon Approve and authorize the Mayor to
sign the amended and restated Dispatch
Services Agreement with City of
Escalon.
B. PARCEL MAP
Parcel Map No. 20-32 Accept Parcel Map No. 20-32 (1302 W.
Santos Avenue) from BayWa r.e., and
authorize the Mayor, City Engineer and
City Clerk to sign for recording.
C. MERCURY STANDARD DISPATCH CONSOLES
Watson Consoles Approve the purchase of six (6)
Mercury Standard Dispatch Consoles
through Watson Consoles in the not to
exceed cost of $102,048.41 (funding
source: General Department Capital
Fund and reimbursed $59,188.08 of the
cost from Escalon and Lathrop).
D. ANNUAL INVESTMENT REPORT REVIEW
July 1, 2021 - June 30, 2022 Accept the City’s annual investment report for the period ending June 30,
2022.
ITEMS PULLED FROM CONSENT
RESOLUTION NO. 22-36
1.3B : A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER OF
CERTAIN MUNICIPAL FUNDS FOR
STREET MAINTENANCE AND
REPAIRS
This resolution authorizes the transfer of
certain street and road revenue to offset the
fiscal year 2021-2022 expense of street and
road maintenance and repairs.
Council Member Zuber said there is still about $5 million in the Streets and Roads accounts and asked if there are plans for those funds. City Administrator Werner said some of the funds are in the Street and Road Operating fund and some in the Street and Road Reserve fund. He said the Street and Road Operating fund does not normally have a balance of $3.5 million, but they were anticipating the Street and Road Operating fund to pay for the Stockton Avenue Reconstruction Project. However, the City was able to secure grant funding and the project cost the City less than $100,000 Street and Road Operating fund. Werner said there is a 3-year plan, which includes $2.8 million of preventative maintenance, such as 3- layer systems and $2.7 million of reconstruction projects including Cobblestone Court and Locust Avenue.
City Council Page 7 August 9, 2022
Council Member Barton said the fund transfers are the result of a City that is run in a fiscally conservative fashion. He said the City has been given direction for many years by Councils and we are the beneficiaries of this. Barton said he can think of many cities that would love to have a consent calendar item with a significant amount of money in transfers and he is very appreciative of that.
Motion to approve Item 1.3B Street and Road Funds Transfers.
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. 22-37
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPOINTING AN ALTERNATE TO
THE SAN JOAQUIN COUNCIL OF
GOVERNMENTS' BOARD
Council to appoint a Council Member as an
alternate to the San Joaquin Council of
Governments’ Board.
Council Member Zuber said this issue came up because he is unable to attend the San Joaquin Council of Governments’ Board meeting in August so the City Council needs to appoint an alternate to go in his place. Vice Mayor Restuccia volunteered. Council said they would like to see an alternate appointed next year when the Council appointments are made for the 2023 calendar year.
Motion to approve Resolution 22-37 appointing Vice Mayor Michael Restuccia as the alternate to the San Joaquin Council of Governments’ Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
B. RESOLUTION NO. 22-38
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING AND IMPLEMENTING
THE NON-FUNCTIONAL TURF LOAN
PROGRAM
If the City Council would like to offer
loans to non-residential property owners to
comply with the State mandate related to
Non-Functional Turf, staff recommends the
City Council approve the attached
resolution and direct staff to move forward
with implementing the Non-Functional
Turf loan program.
City Council Page 8 August 9, 2022
City Administrator Werner said at the July 12, 2022 meeting, the Council passed Resolution 22-29 that set out the State required regulations.
Werner said Council discussed how to implement the State Regulations related to the current drought. In order to help businesses mitigate being unable to irrigate non-functional turf, which creates dry, dead grass and is a potential fire hazard, Council directed Staff to bring back a loan program to assist businesses to connect to the City’s non-potable water.
As a reminder, Werner defined the term Non-Functional Turf as a term used by the State of California for essentially ornamental turf. This program would be for non-residential properties that have grass without trees that is watered with potable water.
Werner reviewed the loan program stating eligible participants are property owners of nonresidential properties within City limits that have non-functional turf greater than 500 square feet. They would be able to apply for the loan to either construct a connection to the City's non-potable water line or to landscape with water efficient landscaping that meets State guidelines. The application process would include submitting a completed application to the City. The Housing and Loan Committee would review and approve the applications.
Werner said a maximum loan amount of $30,000 would be given after the work was completed to the satisfaction of the City. It would have a term of five years and an interest rate of 2%. Payments would be made to the City monthly and the City may record a deed of trust at the time the loan is funded. Staff will work with the Housing and Loan Committee to determine the risk and what securities may be necessary to ensure the funds can be recovered.
Werner said if the property is sold, the loan must be paid before sale. Werner said the penalty for nonpayment would be the maximum as allowed by State law and the City would take the necessary steps to recover the funds after 90 days of nonpayment.
Council Member Zuber said a significant number of properties have reasonable access to the City’s non-potable system. Werner confirmed there are sixteen businesses with nonfunctional turf, nine of them have reasonable access to the City’s non-potable system and the remaining seven would need to modify their landscaping.
Vice Mayor Restuccia said he is glad this came to Council because this mandate came from the State and he does not believe businesses should be penalized for it.
Restuccia asked if Staff spoke to businesses. Werner said they have not but do plan on talking to businesses and letting them know what their options are.
Restuccia said the verbiage of the loan term needs to be in months, not years, and asked if it is fully amortized and will it be 60 months for everyone. Werner confirmed it would be.
Restuccia expressed his concern regarding deed of trusts saying that many business owners will not actually own the property.
City Council Page 9 August 9, 2022
Restuccia asked if there will be any underwriting of the businesses to ensure they can make payments. City Attorney Terpstra said it is a challenge because of the cost and time involved.
He said staff is presenting the broad framework of the program and the Housing and Loan Committee would be the right people to sort through some of those issues.
Council Member de Graaf said he would like to encourage businesses to plant trees and then they do not have to worry about having non-functional turf.
Council Member Barton said he would like to see this program be revenue-neutral to the City. He said he is concerned about the proposed fixed interest rate of 2% because we are in a volatile interest rate environment. He would like to see the loan have a London Interbank Offered Rate (LIBOR) with a 2.25% bump and reviewed on an annual basis so the City is loaning money at a rate that is more reflective of the current rate.
Restuccia said we are currently getting about a 1.38% return on our LAIF accounts and asked if staff could tie it to our investment rate so it is revenue neutral. Staff said yes.
Barton said our rate is reflective of triple A risk category and we are talking about lending money to individual businesses that reflect a much higher risk profile so LIBOR with a 2% bump would be a more reasonable rate.
Zuber said we are looking to reinvest the money currently in our water fund into the community so that businesses can continue to operate within these regulations without incurring an exorbitant expense because of something the State has required.
Zuber said income from the 2% rate will come close to covering the time and effort it will take Staff to set the loan up. He said he is not looking to make anything and he does not believe we have lost anything.
Barton said he is not looking to make money, but would like this to be revenue-neutral. The City is not in the business of being a bank and the loan needs to reflect the appropriate risk and he believes LIBOR with a bump attached is a very fair rate.
Restuccia said a small business would need to budget for this and it would be difficult with changing rates.
Motion to approve Resolution 22-38 approving and implementing the Non-Functional Turf Loan Program.
RESULT: ADOPTED [4 TO 1]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf
NAYS: Barton
City Council Page 10 August 9, 2022
3. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. CONDITIONAL USE PERMIT AND PLANNED UNIT OVERLAY
The Terraces at Bethany Home
UP21-70 and PUD21-79
This is a public hearing to consider
adopting the Mitigated Negative
Declaration (PEA21-15) and approving
The Terraces at Bethany Conditional Use
Permit (UP21-70) and Planned Unit
Overlay District (PUD21-79) based on the
findings and subject to the conditions in
the staff report.
City Attorney Terpstra said he has a conflict of interest in this item so Attorney Dan Schroeder from Neumiller and Beardslee would be standing in as the City’s Counsel.
Terpstra left the room.
Planning Director Zuidervaart said there has been a request to construct a 107,000 square foot 3-story, 82-unit residential care facility at the corner of Vera and Main. Staff is requesting Council approve the conditional use permit, the planned unit overlay district, and adopt the required CEQA documents. He said the project was recommended for approval at the July 18, 2022 Planning Commission meeting.
Vice Mayor Restuccia said there are many conditions and asked if the applicant has agreed to all of them. Zuidervaart said they have.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time or insert public comments.
PUBLIC HEARING CLOSED
Council Member Barton said he is concerned about the parking, even though the spaces exceed the requirements. He said there is one stall for each unit and he hopes there will be many visitors so he would like to know how that would work. Zuidervaart said not every unit will have a car, which will leave parking open for visitors, and there is some on-street parking available on the west side of Vera. He said the traffic report recommends no parking on the east side of Vera.
City Council Page 11 August 9, 2022
Motion to adopt the Mitigated Negative Declaration (PEA21-15) and approve The Terraces at Bethany Conditional Use Permit (UP21-70) and Planned Unit Overlay District (PUD21-79).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
Terpstra returned to the Meeting.
B. ZONING TEXT AMENDMENT
TAZ 22-46 pertaining to Title 16, Chapter
16.88 "Home Occupation Permit".
This is a public hearing to consider a
Zoning Text Amendment to Ripon
Municipal Code Title 16, Chapter 16.88
"Home Occupation Permit".
Planning Director Zuidervaart said the Zoning Text Amendment was approved at the July 18, 2022 Planning Commission meeting. Chapter 16.88 “Home Occupation Permit” was last updated in 2009. Staff cleaned up some processing abnormalities with Business Licenses and Home Occupation Permits. He said staff looked at other cities and what was allowed for Home Occupation Permits. He said there has been an increase in Home Occupation Permits since COVID-19.
Vice Mayor Restuccia asked if the section that refers to clients and students should just use the term clients. Zuidervaart agreed and said staff will make that change.
Restuccia questioned the ammunition sales portion saying that retailers have to perform background checks at the time of the transaction so they are no longer able to do deliveries. Zuidervaart said businesses with Home Occupation Permits should not have retail sales out of their home. People cannot come in to the home and go shopping; they need to have an appointment.
Restuccia said the ordinance lists what is not allowed, but asked what happens if someone applies with a business that is not on either list. Zuidervaart said that is left up to the discretion of the Planning Director and if denied, they can appeal to the Planning Commission.
Council Member Barton asked about items sold to clients in the course of business.
Zuidervaart said that is allowed.
Council Member Zuber asked if this is complaint driven, because some neighbors will not complain but others will and if there are rules, the City needs to enforce them.
Zuidervaart said neighbors are given notice when a Home Occupation Permit is issued.
City Council Page 12 August 9, 2022
Barton said the permits are two-year permits and asked if the City keep tracks of this.
Zuidervaart confirmed this.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve the language as presented with the changes subject to the discussion that was held.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
4. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 916
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 16.88 - "HOME
OCCUPATION PERMIT" OF THE
RIPON MUNICIPAL CODE
This ordinance amends Title 16, Chapter
16.88 “Home Occupation Permit” to
correct a few minor processing
technicalities and update a few of the City
regulations to be more aligned with the
current business environment, while
continuing to protect the integrity of our
residential neighborhoods.
Motion to waive the first reading and introduce Ordinance 916 amending Chapter
16.88 - "Home Occupation Permit" of the Ripon Municipal Code.
RESULT: FIRST READING [UNANIMOUS] Next: 9/13/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
First Reading and Introduction
B. ORDINANCE NO. 917
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 2.08
"ADMINISTRATIVE OFFICER" OF THE
RIPON MUNICIPAL CODE
This Ordinance amends Chapter 2.08
“Administrative Officer” of the Ripon
Municipal Code in order to include the
position of City Engineer as part of the
scope of the City Administrator’s oversight
obligations.
City Council Page 13 August 9, 2022
Motion to waive the first reading and introduce Ordinance 917 amending Chapter 2.08 “Administrative Officer” of the Ripon Municipal Code.
RESULT: FIRST READING [UNANIMOUS] Next: 9/13/2022 6:00 PM MOVER: Michael Restuccia, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
REPORTS
Department Heads:
Police Chief Ormonde said there is an Area of Responsibility meeting for Area 3 on August 10, 2022 at 7:00 PM in the Community Room and everyone is welcome. Sergeant Meece will be there with a presentation.
Recreation Director Stevens said the Recreation Department wrapped up a very successful summer season. He said Movie at the Park was well attended. He said there are over 50 teams for soccer this season. Stevens said the next project is tearing out the tennis courts at the Community Center and replacing them. Staff is currently assembling a bid package.
Planning Director Zuidervaart said there is a Planning Commission meeting on Monday, August 15, 2022. The agenda has three items including a Conditional Use Permit for Ripon Christian; they want to move their bus storage facility to the current H & W Construction yard. Council Member de Graaf asked if they purchased the whole area. Zuidervaart said no, they purchased
1.8 acres. The second item will be a Major Site Plan Review for Ride209 who would like to build next to Les Schwab and third on the agenda is a self-storage facility on East 4th Street.
City Council:
City Administrator Werner said at the July 12, 2022 meeting Council had requested information on water conservation enforcement. He said staff is still compiling information and Director of Public Works Pease will update Council when he returns.
Council Member Barton said Council Member de Graaf and he did Coffee with Council and it was a successful event that allowed people to bring their concerns to a couple of Council Members in an informal setting. He said he believes this should be done a couple times a year.
Barton said he wanted to acknowledge Miss Ripon and said she is a credit to the City. de Graaf said Coffee with Council was a successful event. He encouraged the other Council Members to participate in future Coffee with Council events. de Graaf thanked everyone for being at tonight’s meeting.
Council Member Zuber said he wanted to recognize Chief Ormonde and the Police Department for their work on National Night Out. He said it was well attended and he heard several positive comments from the public.
Zuber commended the staff for the wonderful job they did on the Stockton Avenue project.
City Council Page 14 August 9, 2022
Vice Mayor Restuccia echoed Zuber's sentiments regarding National Night Out and Stockton Avenue.
There being no further business, the meeting was adjourned at 6:56 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk