Ripon City Council Minutes
TUESDAY, SEPTEMBER 13, 2022 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 5:00 PM
CLOSED SESSION: The closed session meeting 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, Mayor Dean Uecker.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, City Clerk Lisa Roos, Recreation Director Kye Stevens.
IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code - 1 case
(2) Real Property Negotiations pursuant to Section 54956.8 of the California Government Code - APN: 245-340-12
(3) Personnel Negotiations Pursuant to Section 54957.6 of the California Government Code - Bohannon Insurance Group : 2023 Health and Welfare Renewals Recreation Director Stevens left the closed session at 5:31 PM.
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss scenarios under which recreation facilities might be added to the Mistlin Sports complex. Staff provided an update on health and welfare benefits. 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 Glenn Gerdes gave the invocation.
City Council Page 2 September 13, 2022
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, Recreation Director Kye Stevens, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Information Systems Technician Alex Arias, Kelly Donohue, Connie Jorgensen, Glenn Gerdes, Vince Hobbs, Di Quaresma.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular City Council Meeting of August 9, 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 - AUG 9, 2022 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Vice Mayor Restuccia requested Item 1.2C 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
City Council Page 3 September 13, 2022
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
(August 2021 $610,532.90)
FY 2022-23 YTD: $968,204
FY 2021-22 YTD: $891,177
Highway Users Tax
(July 2021 $42,234.64)
FY 2022-23 YTD: $39,071
FY 2021-22 YTD: $42,235
SB1 Street & Road Tax
(August 2021 $25,027.92)
FY 2022-23 YTD: $56,244
FY 2021-22 YTD: $53,816
$591,065.04
$39,070.97
$27,017.41
TOTAL $657,153.42
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
August 2022 $1,212.72
C. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
September 2022 $1,077.81
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – July 2022 $7,300.48
E. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – June 2022 $26,023.56
1.2. Bills, Invoices, Payments
A. CITY OF STOCKTON
Ripon Share of Library Operating Costs 2022-2023
Invoice #105875 $22,200.00
City Council Page 4 September 13, 2022
B. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Code Enforcement
S.G.M.A.
Fire District Coordination
Bethany Home Society
$5,752.50
$4,481.25
$3,245.00
$2,677.60
$147.50
$425.00
TOTAL $16,728.85
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #22251 $4,140.00
E. LIEBERT CASSIDY WHITMORE
Professional Services
Invoice # 223811
Invoice # 223812
$962.50
$2,167.50
TOTAL $3,130.00
F. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
July Invoice #AR113233 $1,343.79
G. UNION BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $413,316.92 H. UNION BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $252,820.75
I. DELTA REGIONAL MONITORING PROGRAM
Delta Regional Monitoring Program
Annual Payment – Invoice #2022-0034 $5,150.00
J. MCR ENGINEERING
Stockton Avenue Rehabilitation Project
Construction Management Services
Progress Payment – Invoice #17437
Progress Payment – Invoice #17450
$625.00
$500.00
TOTAL $1,125.00
K. BASECAMP ENVIRONMENTAL, INC.
Lower Stanislaus River Multi-Use Trail Project
Environmental Assessment
Progress Payment – Invoice #51940 $1,828.95
City Council Page 5 September 13, 2022
L. ASPEN SURVEY COMPANY, INC.
General Land Surveying Services
Progress Payment – Invoice #20-002-11 $2,785.00
M. SORACCO, INC.
Well 19 Pump Station Project
Progress Payment – Invoice #10 $266,897.75
N. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #27132 $242.00
O. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #53803 $7,362.50
P. SKW & ASSOCIATES
Design Services for the Senior Center Retrofit Project
Progress Payment – Invoice #206015 $1,805.00
Q. LDA
Corporation Yard Design Services
Progress Payment – Invoice #19/622-03-20 $2,500.00
R. D. A. WOOD CONSTRUCTION, INC.
Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #18 $17,103.35
1.3. Miscellaneous Items
A. SERVICES AGREEMENT
ResoluteGuard LLC Approve and authorize the Mayor to
sign the Services Agreement with
ResoluteGuard LLC to provide server
review services in the annual not to
exceed amount of $4,725, to be paid
through the Central San Joaquin Valley
Risk Management Authority (funding
source: General Operating Fund).
City Council Page 6 September 13, 2022
B. PARTIAL ASSIGNMENT AND ASSUMPTION - PEREIRA DEVELOPMENT
AGREEMENT
Periera Residential Development Project Consent to the Assignment and Assumption Agreement allowing Ray
and Pam Davidson to purchase a portion
of the Pereira Residential Development
project and land from Gregory and
Donna Miller located at 22874 S. North
Ripon Road (APN: 261-210-09) and
authorize the Mayor to sign the
acknowledgement and acceptance by the
City.
C. WELL 19 PUMP STATION
Soracco, Inc. Approve Change Order No. 3 for the
installation of a generator tap box
needed to power the well site with a
portable generator and for the
abandonment of two agriculture wells
no longer in use in the not to exceed
amount of $86,012.23 (funding source:
Water Enterprise Capital Fund).
ITEMS PULLED FROM CONSENT
1.2C : BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees – Invoice #1610991 $47,376.60 Vice Mayor Restuccia wished to recuse himself from the vote because he is a paid elected director for the Bank of Stockton.
Vice Mayor Restuccia left the meeting.
Motion to approve Item 1.2C Bank of Stockton Invoice.
RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Zuber, de Graaf, Barton
ABSTAIN: Restuccia
Vice Mayor Restuccia returned to the meeting.
**END OF CONSENT CALENDAR**
City Council Page 7 September 13, 2022
2. RESOLUTIONS
A. RESOLUTION NO. 22-39
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE INVESTMENT
GUIDELINES DOCUMENT FOR THE
CITY OF RIPON'S EMPLOYEE
BENEFITS FUND PENSION PLAN
WITH HIGHMARK CAPITAL
MANAGEMENT
This resolution adopts and authorizes the
Mayor to sign the Investment Guidelines
Document for the City of Ripon’s 115
Trust Plan with PARS. This “investment
policy” is written by HighMark Capital
Management who is the investment advisor
through USBank for our Plan.
City Clerk Roos said the Pension Rate Stabilization Program or Section 115 Retirement Trust is a tax-exempt investment vehicle authorized by the IRS to prefund government expenses such as retirement plan benefits. She said monies placed within the trust may be invested according to rules governing the trust, which are different than the investment rules the City is required to follow for the City’s pooled investments such as LAIF and Bank of New York.
Because of the rules associated with the trust, in theory, the funds placed within a trust can earn a higher rate of return than if the City invested the funds. She said funds placed within the trust can remain within there until such time that the City chooses to draw on its assets to pay any benefit obligation including Normal Costs or the annual UAL payment to CalPERS.
Roos said the City Council completed a survey in July/August 2022 and the results of that survey are part of the recommendation for the investment guidelines for the Section 115 Trust including Council’s preference for a Moderate Investment Strategy, initial investment of the CalPERS contingency reserve fund balance and annual savings from refunding Redevelopment bonds over the next 5 years.
Roos continued saying the earnings in the account will be rolled over each year and be invested in the same strategy as the other funds. Funds in the Program will be used when there is a deficit in the City’s General Fund with concurrence from the City Council and the Investment strategy will be reviewed by the City Council every 3 years with annual updates.
Vice Mayor Restuccia said the County is also doing a Section 115 Trust so the City of Ripon is not alone in this investment decision.
Restuccia said the investment strategy includes a review by Council every three years with annual updates. He said he would prefer to have quarterly updates. Roos said she would provide quarterly updates to Council.
Restuccia said he would like to change the verbiage to state “reinvested” instead of “rollover” of the earnings.
Restuccia said he spoke with the investment consultant when we were initially discussing the 115 Trust and they reviewed a lot of the data together. Restuccia said he originally wanted to go with the conservative investment approach/strategy, but when looking at the standard deviation relative to the returns, the moderate strategy makes sense since this will be a long- City Council Page 8 September 13, 2022
term investment. He also suggested the idea of investing all the money at once or doing a dollar-average approach. He finished by saying he liked the program.
Council Member Barton said he wanted to commend staff for recommending the moderate approach because bonds under perform as opposed to equities. He said he is always concerned with the administrative fees and asked Roos to comment on the administrative fees associated with this Program. Roos said the administrative fees are 0.6% and this is split with .25% to PARS and .35% is split between US Bank and HighMark. Barton said these are quite reasonable.
Motion to approve Resolution 22-39 adopting the Investment Guidelines Document with changes discussed for the City of Ripon's Employee Benefits Fund Pension Plan with Highmark Capital Management.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
3. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 918
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING PLANNED
DEVELOPMENT OVERLAY DISTRICT
(PUD21-79) FOR THE “TERRACES AT
BETHANY” SENIOR HOUSING
PROJECT
This ordinance establishes the Planned
Development Overlay District for the
“Terraces at Bethany Home” project that
was approved at the August 9, 2022 City
Council meeting, subject to and based on
the findings in the August 9, 2022 staff
report.
Planning Director Zuidervaart said this is the first reading and introduction of an ordinance that will set up the Planned Unit Overlay District for “The Terraces” at Bethany Home project that Council approved at the August 2022 City Council meeting. The project required setting up a Planned Unit Overlay District, which requires an ordinance.
Council Member Zuber asked why we need to do this if the project has been approved.
Zuidervaart said it is part of our Municipal Code. Planned Unit Developments allows flexibility for the City Council. He said this project includes some items that would not be approved under regular zoning including setbacks.
City Council Page 9 September 13, 2022
Motion to waive the first reading and introduce Ordinance 918 approving Planned Development Overlay District (PUD21-79) for the “Terraces at Bethany” Senior Housing Project.
RESULT: FIRST READING [UNANIMOUS] Next: 10/11/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
Second Reading and Adoption
B. 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.
Planning Director Zuidervaart said this is the second reading with the changes requested by Council at the August 9, 2022 City Council Meeting.
Motion to waive the second reading and adopt Ordinance 916 amending Chapter 16.88 - "Home Occupation Permit" of the Ripon Municipal Code.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
Second Reading and Adoption
C. 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 Administrator Werner said this is the ordinance that cleans up the language in Chapter
2.08 and puts the position of City Engineer under the oversight of the City Administrator.
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Motion to waive the second reading and adopt Ordinance 917 amending Chapter 2.08 "Administrative Officer" of the Ripon Municipal Code.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
4. DISCUSSION ITEMS
A. LOVE-LOVE RIPON TENNIS FOUNDATION DONATION
Discussion/Action If the City Council is interested in
considering a donation from the LoveLove Ripon Tennis Foundation, staff is recommending that the City Council direct
staff to draft a Memorandum of
Understanding between the City of Ripon
and the Foundation that defines the
responsibilities between the City and the
Foundation to complete a tennis complex
at the Mistlin Sports Park.
City Administrator Werner said the City received a donation application from the LoveLove Ripon Tennis Foundation to donate a tennis complex at Mistlin Sports Park. He said it is typical for the City, when they receive a donation application like this, to create a Memorandum of Understanding (MOU) that clearly defines the roles and responsibilities of each party. Werner said if the City Council is interested in considering this donation, staff would suggest the Council direct Staff to draft an MOU between the City of Ripon and the Love-Love Ripon Tennis Foundation and bring it back for discussion.
Di Quaresma said her family has been here for 20 years and loves to play tennis, but the courts are in disrepair. She said she wants to take action instead of complaining and desires to work in conjunction with the City to build new courts. Quaresma said she loves tennis because it is a sport that can be played for a lifetime. She said her goal is to build courts for the entire community to enjoy. Quaresma said they collected over 200 signatures from community members in support of tennis courts at Mistlin Sports Park.
Alex Lopez said he has been teaching tennis for the City for over 14 years. Lopez said having a tennis facility would be a great possibility for Ripon to become the destination in the Valley for tennis and would be great at connecting the different regions in the Valley. He said tennis teaches life skills, including humility and hard work. Lopez said Ripon is demographically centralized and a facility could bring players from all over California.
Council Member Zuber said he applauds the people behind this project because they are taking action instead of complaining.
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Motion to direct staff to draft a Memorandum of Understanding between the City of Ripon and the Love-Love Ripon Tennis Foundation that defines the responsibilities between the City and the Foundation to complete a tennis complex at the Mistlin Sports Park.
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 said the Ripon Police Department will be participating in Coffee with a Cop on October 5, 2022 from 7:00 AM to 9:00 AM and will be at the Ripon Coffee House, Isabel's Vintage Café, Austin Coffee Crafters and McDonalds.
Planning Director Zuidervaart said there will not be a Planning Commission meeting for the month of September.
City Administrator Werner said he provided Council with an update detailing the current Engineering projects within the City. He said Stockton Avenue and Well 19 are finishing up.
Werner said staff is preparing the Vehicle Maintenance Facility on Doak Boulevard to go out to bid. Staff is also preparing the River Road Overlay Project and the three-layer treatment system on other various roads in the Madsen and Wilma Park area to go out to bid.
Werner said in regards to the outdoor seating area at the Senior Center, staff will have an item on the October agenda seeking Council’s approval to order the shade structure.
Werner said the City has an agreement with the San Joaquin Regional Rail Commission to oversee the design of the Multi Modal Station and they are about 60% complete with the design.
Werner said there were 31 water notices in July and 14 in August plus three more for over watering. He said there is a new Water Conservation Coordinator and he will be going through and processing the complaints.
Council Member de Graaf asked about the program about connecting qualifying businesses to the City’s non-potable water system. Werner said the new Water Conservation Coordinator, Kevin Fuller, will be visiting the businesses.
City Council:
Council Member Barton said he wanted to commend the Love-Love Ripon Tennis Foundation for their presentation and enthusiasm and he looks forward to working with them.
Council Member deGraaf said he wanted to echo Barton's sentiments regarding the Love-Love Ripon Tennis Foundation. He said he appreciated people coming to the meeting and expressing their feelings because it makes such a difference when people come to the meetings and speak with Council.
City Council Page 12 September 13, 2022
Kelly Donohue, Chamber of Commerce, said Main Street Day will be October 15, 2022 and the Chamber will be hosting a Candidate’s Forum on October 4, 2022 at 6:00 PM.
Vice Mayor Restuccia said he has neighbors that play pickle ball and he is thinking he may need to try it.
There being no further business, the meeting was adjourned at 6:35 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk