Ripon City Council Meeting Notice & Agenda
CITY HALL, 259 NORTH WILMA, RIPON, CALIFORNIA
TUESDAY, DECEMBER 13, 2022 – 6:00 PM
REGULAR MEETING
You are now participating in the process of representative government. We welcome your interest and hope you will attend Ripon City Council meetings often. Democracy cannot endure without an informed electorate.
Ripon, as you probably know, has a council-administrator form of local government. Policies are set by the Council, who are elected by the people. These policies are carried out by the City Administrator, who is appointed by the Council. The Council decides what is to be done. The City Administrator, with the assistance of the City Staff, follows through.
REGULAR COUNCIL MEETINGS
The governing body meets at 6:00 P.M., on the second Tuesday of the month, in the Council Chambers located in City Hall, 259 North Wilma, Ripon, California. A City Council meeting is the process of making and amending laws, developing policy and making decisions for governing your City by citizens who have been elected by you. With the exception of matters of personnel and pending litigation, or negotiations, the City Council takes action only in meetings open to the public.
The City Council follows a regular order of business during its meeting. The Council agenda is prepared in advance by the City Administrator and his staff. If you wish to place an item on the agenda for action, the information must be delivered to the City Administrator or staff eight (8) working days prior to the Council meeting. This date will be revised in case of holidays or special events. The information must be in writing (no phone calls), your name and address must be printed, and action desired must be clearly stated. Copies of the agenda are available at Ripon City Hall and online 72 hours prior to the meeting, or at the time of the scheduled meeting.
With the publication of this agenda, it is with the intent that each item on the agenda will be considered for a vote. Each Council Member present will cast a vote either for or against the motion under consideration, and the vote will be recorded in the minutes of the meeting. For example, the motion may be to approve, adopt, introduce, deny, fail, withdraw, table, or continue an item.
PUBLIC DISCUSSION
If you desire to speak before the Council on an item not on the agenda, please address "Mr. Mayor" and upon being recognized, come forward to the podium, and state your name and address before proceeding into your subject matter.
State law prohibits the City Council from taking action on any item not on the agenda. While the City Council cannot always answer citizens concerns raised during the public discussion time, the City staff will be instructed, where appropriate, to either provide a response in the days following each Council meeting, or to place the issue on a subsequent meeting agenda for the City Council or one of its appointed commissions. No person shall speak for more than three minutes, and the total time allotted for discussion shall not exceed thirty minutes. Persons attending the meeting shall observe rules of propriety, decorum, and good conduct, and refrain from impertinent or slanderous remarks. If you wish to make a comment via email please submit the Public Comment Form by 4:00 p.m. on the day of the meeting to the City Clerk at [email protected] and note the specific agenda item, if applicable. Comments are limited to 250 words or less and will be read by the City Clerk.
In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (209) 599-2108. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). For more information visit www.cityofripon.org/ADA.
CONSENT CALENDAR
Routine items are scheduled under the heading of Consent Calendar, which allows action to occur with a single motion.
Any item can be pulled off the consent calendar for further discussion if Council so desires. The public may also, at this time, request that an item be pulled from the consent calendar for explanation and/or discussion.
PERSONNEL/EXECUTIVE SESSION
Matters of personnel and pending litigation, or negotiations are handled, in the Personnel/Executive Session, pursuant to Sections 54956.8 and 54957 of the Government Code. This session is closed to the public.
City Council Page 2 December 13, 2022
INFORMATION
Can I watch the meeting live online?
The City Council meetings are streamed live at www.youtube.com/c/cityofriponca.
Where can I find the agenda before a meeting?
Copies of the agenda are available at City Hall, 259 N. Wilma Avenue 72 hours before a regularly scheduled City Council meeting. The agenda can be viewed in the window box in front of City Hall, or online at www.cityofripon.org . Supplemental documents relating to specific agenda items are available for viewing at the Office of the City Clerk or online.
Can I receive the agenda by e-mail?
You may subscribe to the agenda at any time by e-mail – just go to the website to register – www.cityofripon.org and click on and fill out the “Receive City Notices” form. Your subscription will begin immediately and you will receive it 72 hours before the Regular Council meeting. Agendas sent by e-mail are free. Minutes are not e-mailed, but can be viewed on the City’s website.
How complete are the minutes?
The City of Ripon prepares Synopsis Minutes. These Minutes represent a summary of the actual comments made.
Video recordings are available online following a meeting at www.youtube.com/c/cityofriponca.
OTHER MEETINGS
Agency Day Time Place
Planning Commission The Monday following City Council 6:00 p.m. Council Chambers Recreation Commission Second Wednesday 6:00 p.m. City Hall Conference Room City Council Page 3 December 13, 2022
Ripon City Council Agenda
TUESDAY, DECEMBER 13, 2022
REGULAR MEETING
6:00 PM
CLOSED SESSION AT 5:00 PM
PUBLIC COMMENT – This time is provided for the public to address the City Council on closed session matters.
IN THE MATTER OF:
(1) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Police Officers Association
(b) Ripon Sergeants Association
(c) Public Works Employees
(d) Unrepresented Employees
PLEDGE OF ALLEGIANCE:
INVOCATION:
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, 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, (Others present will be recorded by secretary only.) PUBLIC DISCUSSION:
This time is provided to the public to address the City Council on items not on the agenda. If you desire to speak, please address “Mr. Mayor” and upon being recognized, come forward to the podium, and state your name and address before proceeding into your subject matter.
APPROVAL OF MINUTES:
1. CITY COUNCIL - REGULAR MEETING - NOV 8, 2022 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - NOV 30, 2022 3:00 PM City Council Page 4 December 13, 2022
RESOLUTION TO ACCEPT ELECTION RESULTS:
RESOLUTION NO. 22-45
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CERTIFICATION OF
THE RESULTS OF THE MUNICIPAL
ELECTION HELD ON NOVEMBER 8,
2022 AND STATING THE RESULTS
THEREOF
This resolution accepts the certification of
the November 8, 2022 municipal
election.
ADMINISTERING THE OATH OF OFFICE TO NEWLY ELECTED AND APPOINTED COUNCIL MEMBERS:
COUNCIL REORGANIZATION:
Per Ordinance No. 800, RMC Section 2.04.020 Mayoral Selection, Council Members shall be seated as follows:
Seat 1 Mayor Michael Restuccia
Seat 2 Vice Mayor Leo Zuber
Seat 3 Council Member Daniel de Graaf
Seat 4 Council Member Gary Barton
Seat 5 Council Member Dean Uecker
(Per RMC 2.04.020, the designated Mayor and Vice Mayor must be queried to accept or decline the positions.)
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
If anyone would like to provide public comment regarding an item on the Consent Calendar, please come forward to the podium at this time. The City Council may request to (1) pull an item from the Consent Calendar (2) withdraw an item; (3) add Emergency items by a 4/5 vote. If the agenda is amended, vote to approve the amended agenda. If no changes are made, vote to approve the agenda as posted.
City Council Page 5 December 13, 2022
1. CONSENT CALENDAR
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(November 2021 $690,499.16)
FY 2022-23 YTD: $2,147,492
FY 2021-22 YTD: $2,045,598
Highway Users Tax
(October 2021 $27,626.59)
FY 2022-23 YTD: $147,973
FY 2021-22 YTD: $142,075
SB1 Street & Road Tax
(November 2021 $27,009.97)
FY 2022-23 YTD: $146,182
FY 2021-22 YTD: $139,080
$518,334.19
$34,552.30
$30,732.40
TOTAL $583,618.89
B. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
November 2022 $1,077.81
C. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – September 2022 $25,184.78 D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – October 2022 $2,288.03
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Bethany Home Society
Padilla Accessory Dwelling Unit
$9,955.00
$2,500.00
$6,587.50
$2,876.25
TOTAL $21,918.75
B. CAVES & ASSOCIATES
Professional Services – Labor Relations
Invoice #22-207 $87.50
C. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
October Invoice #AR113350 $1,394.82
City Council Page 6 December 13, 2022
D. RIPON CHAMBER OF COMMERCE
2023 Membership Investment
Invoice # 5603 $185.00
E. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #22794 $5,361.00
F. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #54936 $1,988.75
G. SORACCO, INC.
Well 19 Pump Station Project
Progress Payment – Invoice #13 $101,887.97
H. ASPEN SURVEY COMPANY, INC.
General Land Surveying Services
Progress Payment – Invoice #22-034-01 $718.75
I. LDA
Corporation Yard Design Services
Progress Payment – Invoice #20/622-03-20 $4,875.00
J. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
Progress Payment
3rd Quarter 2022 - Invoice #12006370 $2,133.00
K. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment
Invoice #4246
Invoice #4250
$10,996.00
$4,944.00
TOTAL $15,940.00
1.3. Resolutions
A. RESOLUTION NO. 22-48
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
FINANCIAL STATEMENTS AND
INDEPENDENT AUDITOR'S
REPORT AND SINGLE AUDIT
REPORT FOR THE YEAR ENDED
JUNE 30, 2022
This resolution accepts the City of Ripon
Financial Statements and Independent
Auditor’s Report and Single Audit Report
for the year ended June 30, 2022,
prepared by Price Paige & Company
Accountancy Corporation.
City Council Page 7 December 13, 2022
B. RESOLUTION NO. 22-46
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
MONEY PURCHASE THRIFT
PENSION PLAN FINANCIAL
STATEMENTS AND
INDEPENDENT AUDITOR'S
REPORT JUNE 30, 2022 AND 2021
This resolution accepts the City of Ripon
Money Purchase Thrift Plan Financial
Statements and Independent Auditor’s
Report June 30, 2022 and 2021, prepared
by Price Paige & Company Accountancy
Corporation.
C. RESOLUTION NO. 22-47
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE RIPON
POLICE DEPARTMENT TO
SUBMIT A GRANT APPLICATION
TO THE SAN JOAQUIN COUNTY
AIR POLLUTION CONTROL
DISTRICT PUBLIC BENEFIT
GRANT PROGRAM FOR THE
PURCHASE OF ALTERNATIVE
FUEL VEHICLES
This resolution authorizes the Ripon
Police Department to submit a grant
application to the San Joaquin Valley Air
Pollution Control District public benefit
grant program for the purchase of 1
alternative fuel vehicle in the amount of
$37,290 (funding source: Grant of
$20,000 and $17,290 from the ”General
Capital – Department Fund”).
1.4. Miscellaneous Items
A. MEADOWOOD DEVELOPMENT AGREEMENT
Amendment No. 1 Approve a text amendment to the
Meadowood Development Agreement
amending the “Timing of Development”
section of Exhibit C, allowing for
additional time to start construction on
the project.
B. PROJECT IMPROVEMENT AGREEMENT
Ripon Christian Bus Barn &
Maintenance Facility
Approve the Project Improvement
Agreement associated with the Ripon
Christian Bus Barn & Maintenance
Facility Project between Ripon Christian
Schools and the City of Ripon, and
authorize the Mayor to sign for
recording.
City Council Page 8 December 13, 2022
C. CITY OF RIPON NETWORK SECURITY PLAN
Adopt the City of Ripon Network
Security Plan prepared in response to
the 2021-22 San Joaquin County Grand
Jury Case No. 0321, “Cybersecurity:
Local Defense Against a Global
Threat”.
D. DESIGNATION OF SURPLUS EQUIPMENT
Police Department and Public Works
Department
Declare the listed City equipment be
designated as surplus and authorize the
equipment to be sold utilizing a local
auction house or disposed of, in
accordance with the Ripon Municipal
Code.
E. HARRIS & ASSOCIATES
Change Order No. 1 Approve the scope and fee for the Harris & Associates Change Order No. 1 in the
not to exceed amount of $27,820 for
additional services to support the Fire
District’s efforts of evaluating a
Proposition 218 process to increase
operating revenue.
F. GENERAL SERVICES AGREEMENT
Keesey Design - Design and Illustration Approve and authorize the Mayor to sign the agreement with Keesey Design,
to explore site development concepts for
potential townhomes at 122 N. Elm
Avenue in the not to exceed amount of
$13,200 (funding source: City of
Ripon's affordable housing fund).
G. WEBSITE UPDATE
CivicPlus Approve and authorize the Mayor to
sign the agreements with CivicPlus to
update the City website.
City Council Page 9 December 13, 2022
H. ASSIGNMENT AND ASSUMPTION - COMMERCIAL LEASE OF 303 AND 307 W. MAIN STREET
Natural Path Wellness Center Consent to the Assignment and Assumption Agreement allowing
Holistic Synergy, LLC to assume the
lease of 303 and 307 W. Main Street
(Natural Path Wellness Center) and
authorize the Mayor to sign the
acknowledgement and acceptance by the
City.
**END OF CONSENT CALENDAR**
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. PFFP CAPITAL FUNDS ANNUAL REPORT
This is a public hearing on an annual
report of Public Facilities Financing Plan
(PFFP) capital fees covered under
Government Code Section 66000 et seq.
Recommended Action: Approve the
annual PFFP Report for the period ending
June 30, 2022.
B. DEVELOPMENT AGREEMENT - ANNUAL REVIEW (2022)
Cornerstone II Subdivision
Silverstone Subdivision
Alexandra Subdivision
The Vineyards Subdivision
Meadowood Subdivision
Pereira Subdivision
Ripon Gardens II
Calvary Reformed Church Master Plan
Should the City Council agree with the
Planning Commission’s recommendation,
the following motion would be
appropriate:
“The City Council accepts this staff report
as the written report from the Planning
Commission that there has been
compliance in good faith, with the terms
and conditions of each respective
Development Agreement.”
City Council Page 10 December 13, 2022
C. TEFRA HEARING
RESOLUTION NO. 22-49
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING, AUTHORIZING AND
DIRECTING EXECUTION OF A JOINT
EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY,
AND APPROVING THE ISSUANCE OF
BONDS PURSUANT TO A PLAN OF
FINANCE BY THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY IN
AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED
$60,000,000 FOR THE PURPOSE OF
FINANCING AND/OR REFINANCING
THE CONSTRUCTION, EXPANSION,
EQUIPPING, IMPROVEMENT,
RENOVATION, REHABILITATION
AND/OR REMODELING OF SENIOR
LIVING AND RELATED FACILITIES
AND CERTAIN OTHER MATTERS
RELATING THERETO
This is a public hearing in connection with
the proposed issuance of tax-exempt
revenue bonds by the California Municipal
Finance Authority (CMFA) to finance the
construction of the Terraces at Bethany
Home.
Recommended Action: City Council to
execute the Joint Exercise of Powers
Agreement of the CMFA, and adopt the
resolution in favor of the issuance of the
Bonds by the CMFA.
3. DISCUSSION ITEMS
A. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.
Discussion/Action
Award the base bid contract for the Fleet
Maintenance Facility Project to Diede
Construction, Inc. in the amount of
$11,156,000 and authorize staff to
proceed.
B. WATER, SEWER, GARBAGE ENTERPRISE FUNDS ANNUAL RATE
ADJUSTMENT ANALYSIS
Discussion/Action Staff is recommending the City Council approve implementing the February 1,
2023 rate increases for the water (2%),
sewer (4%) and garbage (5%) enterprise
funds that were originally approved in the
2020 5-Year Rate Study.
City Council Page 11 December 13, 2022
C. GRAND JURY REPORT NO. 0321 - CYBERSECURITY: LOCAL DEFENSE
AGAINST A GLOBAL THREAT
Response to Grand Jury Report No. 0321
regarding Cybersecurity: Local Defense
Against a Global Threat.
Discussion/Action
Approve and Authorize the Mayor to sign
the letter of response to the findings and
recommendations of the Grand Jury Case
No. 0321 for Superior Court of California,
County of San Joaquin regarding
Cybersecurity: Local Defense Against a
Global Threat.
D. COUNCIL COMMITTEE AND TASK FORCES
Discussion/No Action Mayor Restuccia to discuss Council Committee and Task Force appointments.
REPORTS
Department Heads:
City Council:
I hereby certify the attached City Council agenda was posted 72 hours before the noted meeting:
December 9, 2022
Lisa Roos, City Clerk Date