Ripon City Council Minutes
TUESDAY, OCTOBER 11, 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, Planning Director Ken Zuidervaart.
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 54956.8 of the California Government Code – APN: 245-180-27
Planning Director Zuidervaart left the meeting at 5:41 PM.
Return to open session
City Attorney Terpstra said Council met in closed session to receive updates on pending matters.
Staff was given direction and no reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Vice Mayor Michael Restuccia leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Luke Jones gave the invocation.
City Council Page 2 October 11, 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, 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.
PUBLIC DISCUSSION:
On behalf of the public, City Clerk Lisa Roos read the following public comment received via email.
Durriya Syed, Outreach Analyst in the California Department of Insurance, wanted to introduce the California Low Cost Auto (CLCA) Insurance Program. Syed said this Program was established by the Legislature in 1999 and is sponsored by the California Department of Insurance as a program designed to provide income-eligible, good drivers with liability insurance at affordable rates as a way to meet California’s mandatory auto insurance law, regardless of immigration status. Syed said the annual premiums in California vary by County.
Syed said in order to be eligible for the CLCA, consumers must meet certain requirements including having a valid California driver’s license, owning a vehicle valued at $25,000 or less, meeting income eligibility guidelines, be at least 16 years of age and have a good driving record.
Syed provided information on how to apply for the program.
Kelly Donohue, Chamber of Commerce wanted to remind the Council and the community that this Saturday, October 15, 2022 is Main Street Day from 9:00 AM to 3:00 PM. The day’s festivities will start with the Ripon Consolidated Fire District pancake breakfast at 7:00 AM and will include many different vendors, a color run, car show and a pet parade at 10:00 AM.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular City Council Meeting of September 13, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1. CITY COUNCIL - REGULAR MEETING - SEP 13, 2022 6:00 PM City Council Page 3 October 11, 2022
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Motion to approve the agenda as posted.
RESULT: ADOPTED [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 posted.
RESULT: ADOPTED [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
(September 2021 $209,773.89)
FY 2022-23 YTD: $1,286,231
FY 2021-22 YTD: $1,100,951
Highway Users Tax
(August 2021 $35,178.44)
FY 2022-23 YTD: $77,820
FY 2021-22 YTD: $78,413
SB1 Street & Road Tax
(September 2021 $27,648.03)
FY 2022-23 YTD: $85,481
FY 2021-22 YTD: $81,464
$318,026.99
$38,749.41
$29,236.70
TOTAL $386,013.10
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
September 2022 $1,212.72
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – August 2022 $3,484.47
City Council Page 4 October 11, 2022
1.2. Bills, Invoices, Payments
A. SAN JOAQUIN PARTNERSHIP
Annual Membership Fee - Invoice #10963 $5,000.00
B. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Meadowood
Padilla Accessory Dwelling Unit
Bethany Home Society
$9,440.00
$1,608.75
$368.75
$1,917.50
$120.00
TOTAL $13,455.00
C. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #22399 $29,838.00
D. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
August Invoice #AR113267 $1,612.39
E. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2022-2023 2nd Quarter Deposits
Liability Program
Workers’ Compensation Program
Crime Shield Program
$90,520.00
$139,987.00
$2,657.00
TOTAL $233,164.00
F. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $185,120.00
G. HALPIN COMPLIANCE SOLUTIONS
Solid Waste/Recycling Regulatory Compliance Assistance
Invoice #22-R-0056
Invoice #22-R-0070
$904.88
$1,157.66
TOTAL $2,062.54
H. SORACCO, INC.
Well 19 Pump Station Project
Progress Payment – Invoice #11 $156,750.00
I. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
Progress Payment
2nd Quarter 2022 - Invoice #1981641 $2,370.00
City Council Page 5 October 11, 2022
J. BASECAMP ENVIRONMENTAL, INC.
Lower Stanislaus River Multi-Use Trail Project
Environmental Assessment
Progress Payment – Invoice #51958 $725.00
K. DIRT DYNASTY, INC.
Asphalt Repair Project
Progress Payment - Invoice #2205 $53,100.00
L. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment
Invoice #4237
Invoice #4238
Invoice #4239
Invoice #4240
$1,194.75
$1.052.50
$5,817.00
$2,614.75
TOTAL $10,679.00
M. WOOD RODGERS, INC.
Well 12 Phase 2 Groundwater Pumping Analysis
Required by Water Quality Board
Progress Payment – Invoice #160367 $179.65
1.3. Resolutions
A. RESOLUTION NO. 22-40
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING AN INCREASE IN THE
COST OF HEALTH AND WELFARE
BENEFITS TO BE PROVIDED TO
NON-REPRESENTED EMPLOYEES
AND CITY COUNCIL MEMBERS
IN CALENDAR YEAR 2023
This resolution adopts the health and
welfare plans for all City employees
during the calendar year 2023 and an
increase in the cost of health and welfare
benefits to be provided to NonRepresented Employees and City Council Members for calendar year 2023.
B. RESOLUTION NO. 22-41
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 2
TO THE MEMORANDUM OF
UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL
EMPLOYEES OF THE CITY OF
RIPON POLICE OFFICERS'
ASSOCIATION
This resolution adopts Amendment No. 2
of the 2021 - 2024 Memorandum of
Understanding for all employees of the
City of Ripon Police Officers’
Association that increases the baseline
premium for Blue Shield participants
from $1,650 to $1,755 per month.
City Council Page 6 October 11, 2022
C. RESOLUTION NO. 22-42
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 2
TO THE MEMORANDUM OF
UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL
EMPLOYEES OF THE CITY OF
RIPON POLICE SERGEANTS'
ASSOCIATION
This resolution adopts Amendment No. 2
of the 2021 - 2024 Memorandum of
Understanding for all employees of the
City of Ripon Police Sergeants’
Association that increases the baseline
premium for Blue Shield participants
from $1,650 to $1,755 per month.
D. RESOLUTION NO. 22-43
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 2
TO THE MEMORANDUM OF
UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL
EMPLOYEES OF THE CITY OF
RIPON WORKING IN THE
CLASSIFICATIONS OF PUBLIC
WORKS MAINTENANCE, PUBLIC
WORKS FOREMAN AND PUBLIC
WORKS SUPERVISING FOREMAN
This resolution adopts Amendment No. 2
to the Memorandum of Understanding for
all employees of the City working in the
classification of Public Works
Maintenance, Public Works Foreman and
Public Works Supervising Foreman for
Fiscal Years 2021 – 2024 that increases
the baseline premium for Blue Shield
participants from $1,650 to $1,755 per
month.
1.4. Miscellaneous Items
A. MEASURE K RENEWAL COOPERATIVE AGREEMENT (C-18-001 A-4) Blossom Express Transit Service
Reimbursement
Approve and authorize the Mayor to
sign the Fourth Amendment to the
Measure K Renewal Cooperative
Agreement (C-18-001 A-4) with San
Joaquin Council of Governments
(SJCOG) in order to receive funding to
operate the Blossom Express transit
service over a one year period from July
1, 2022 through June 30, 2023.
B. METAL ROOF SHADE STRUCTURE FOR THE RIPON SENIOR CENTER
REHABILITATION PROJECT
Landmark Shade Shelter by Park Planet Approve the purchase of one (1) Landmark Shade Shelter through Park
Planet in the not to exceed cost of
$34,677.90 (funding source: CDBG
grant funds allocated for the Ripon
Senior Center Rehab project).
City Council Page 7 October 11, 2022
**END OF CONSENT CALENDAR**
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2023 FEE UPDATE
RESOLUTION NO. 22-44
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING THE SAN JOAQUIN
COUNTY MULTI-SPECIES HABITAT
CONSERVATION AND OPEN SPACE
PLAN (SJMSCP) DEVELOPMENT FEE
This is a public hearing to consider the
Development Fee amendment (decrease)
for the San Joaquin County Multi-Species
Habitat Conservation and Open Space Plan
(SJMSCP) for all new development
pursuant to the SJMSCP within the City of
Ripon.
Recommended Action: Adopt the
resolution amending the San Joaquin
County Multi-Species Habitat
Conservation and Open Space Plan 2023
Development Fee.
Planning Director Zuidervaart said this is the annual public hearing to consider the Development Fee amendment for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new development pursuant to the SJMSCP within the City of Ripon and said the rates went down slightly this year.
Council Member Barton said this is a tax on landowners, developers and ultimately, consumers. He said he is not necessarily saying this is not a good program, but the reasons for the program are dubious. Barton said he was the Chair for the Agriculture subcommittee for San Joaquin County when this passed and said this is a good deal for developers because it streamlines the process. He said the parcels on which the easements have been obtained are fairly scattered and do not appear to be cohesive. He said there is the potential to introduce the possibility of an endangered species environment adjacent to active farming operations and ultimately to develop a property. Barton said this is not as easy a decision as some people might think, the SJMSCP Plan does have issues.
Mayor Uecker asked if they have choice in the matter. Zuidervaart said developers have the choice to use this streamlined process or go through the Department of Fish and Game and U.S. Wildlife directly.
Council Member Zuber said if developers do not want to pay the fee, they have to buy an equivalent piece of property that would address the issues and then donate it.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
City Council Page 8 October 11, 2022
Motion to adopt Resolution 22-44 amending the 2023 San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan Development Fees.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
3. ORDINANCES
Second Reading and Adoption
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 second reading and adoption of Ordinance 918 establishing the Planned Development Overlay District for the Terraces at Bethany Home project.
Motion to waive the second reading and adopt Ordinance 918 establishing the Planned Development Overlay District for the Terraces at Bethany Home project subject to and based on the findings in the August 9, 2022 staff report.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
REPORTS
Department Heads:
Chief Ormonde said the Police Department will be participating in the Downtown Trick or Treat on October 28, 2022 at the library from 2:00 PM to 5:00 PM.
Planning Director Zuidervaart said there is Planning Commission meeting on October 17, 2022 to review a potential hotel near Flying J and a possible project on Doak Boulevard.
City Administrator Werner provided a summary of current Engineering projects for Council. He said the Corporation Yard Project is going out to bid this week and should be on the November or December Council meeting agenda for approval.
City Council Page 9 October 11, 2022
City Council:
Council Member Barton said he is excited for Main Street Day.
Barton said we live in an extraordinary time in our country and wanted to share a quote from the book 1984 from the lead character Winston Smith: "Freedom is the freedom to say that two plus two make four." He said people may recall that in the end Smith scrawls "two plus two makes five." Barton said in the United States there are a lot of people who will try to convince us that two plus two does not equal four. They will shame people and use any number of cultural elements to convince people that the reality seen is not reality. He said he is grateful to live in a town where reality continues to be reality, that the people who work for this town share in that and as long as the people continue to see reality as it is instead of how we think it might be, it will continue to be a great place to live.
Council Member de Graaf said he is excited for the events coming up and thanked Donohue for all her work. He said the City Council Candidate forum went very well. de Graaf invited Ormonde to share information regarding the Pink Patch Project. Ormonde said the Police Department received a number of donations from members of the community several years ago to purchase the pink patches and participate in the Pink Patch Project as a fundraiser for the American Cancer Society. He said there were no City or Governmental funds used to purchase these patches. The Police Department sells them and all the money goes to the local American Cancer Society facility in Modesto. This project helps bring awareness to breast cancer.
Mayor Uecker said the Chamber did a wonderful job on the City Council Candidate forum.
There being no further business, the meeting was adjourned at 6:21 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk