Ripon City Council Minutes
TUESDAY, DECEMBER 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, 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) Police Officers Association
(b) Ripon Sergeants Association
(c) Public Works Employees
(d) Unrepresented Employees
Return to open session
City Attorney Terpstra said Council gave direction and received input from staff regarding potential sources of revenue for and impacts on bargaining units. There was no specific direction given, staff was given direction to keep working.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Vice Mayor Restuccia leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Rex Rodgers gave the invocation.
City Council Page 2 December 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, 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, Kelly Donohue, Steven Verver, Jake Loogman, Pete Duyst, 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 Regular Ripon City Council Meeting of November 8, 2022 and the Special City Council Meeting of November 30, 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 - NOV 8, 2022 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - NOV 30, 2022 3:00 PM 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.
City Council Page 3 December 13, 2022
Motion to approve Resolution 22-45 accepting the certification of the results of the November 8, 2022 municipal election.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
ADMINISTERING THE OATH OF OFFICE TO NEWLY ELECTED AND APPOINTED COUNCIL MEMBERS:
City Clerk Roos administered the Oath of Office to Michael Restuccia, Dean Uecker and Gary Barton.
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.)
City Clerk Roos led the Council Reorganization. She said she has queried both Michael Restuccia and Leo Zuber whether they want to serve in the respective seats of Mayor and Vice Mayor and both have confirmed.
Council Members were seated in their new, respective seats and the meeting was handed over to Mayor Michael Restuccia.
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Barton requested Item 1.3A 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, Uecker
City Council Page 4 December 13, 2022
1. CONSENT CALENDAR
Motion to approve Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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
City Council Page 5 December 13, 2022
C. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
October Invoice #AR113350 $1,394.82
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. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
City Council Page 6 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 7 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 8 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.
ITEMS PULLED FROM CONSENT
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.
Council Member Barton asked about the Garbage Enterprise Capital Fund and noted that the City is adding about $95,000 to that fund. He said State mandates will require considerable capital outlays for the garbage system in town. Barton asked City Administrator Werner to clarify how we will get there in terms of funding those additional needs.
Werner said the City transferred the difference between revenue and expenses. There was $95,000 that went to the Enterprise Capital Fund to replace garbage trucks. He said the goal, in the initial projection in 2020 when the utility rates were established, had been to transfer $280,000; the main reason that did not happen is due to regulatory compliance expenses. He said the most impactful measure has been the tipping fees. He said the trash station fees have changed due to regulations they are required to meet. This has reduced the amount of the transfer to the Enterprise Capital Fund.
Werner said staff is anticipating the Council will approve a 5% increase in garbage utility rates that is on tonight’s agenda, getting them closer to the anticipated transfer amount.
Barton asked if the PFFP fees will cover the South San Joaquin Irrigation District (SSJID) connection and said he believed this public forum is a good time to have Werner address this again and how the City is planning for that eventuality. Werner said there are a couple very large expenses in the future and one of the near-term large expenses staff is planning for is the pipeline that would connect the City of Ripon water system to the SSJID South County Water Project transmission main on French Camp Road. This is a large capital project and staff is exploring funding options including AB1600, Enterprise Capital Funds and grants. He said as part of staff’s analysis they are looking at how those funds are being allocated depending on benefits. Some of the benefits are being allocated to new growth because this is City Council Page 9 December 13, 2022
expanding the system and our water supply capacity and then some of those are being allocated to existing residents because it is replacing wells that have been put out of service because of water quality. Staff is hoping to have the analysis done early next year and is working with SSJID to make sure it is put together and they are able to talk to Council about some of those funding options.
Motion to accept 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.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
**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.
City Clerk Roos said this is a public hearing on the City’s annual report of capital fees for the fiscal year ending June 30, 2022 pursuant to California Government Code Section 66000.
Roos referenced the staff report that provided information for the Council regarding this Public Facility Financing Plan Annual Progress Report and the requirements under Government Code Section 66000 along with how this Report ties to the Fund Summary Balances report as of June 30, 2022.
Roos said the PFFP Report has been prepared in accordance with the requirements of the Government Code and is prepared consistent with prior years.
Vice Mayor Zuber said there are 13 accounts with a total of $15 million but four of those accounts total negative $6 million so there is only $9 million due to those four accounts borrowing against the other nine accounts to fund projects before they had collected their funds. He said over time, the money will come back but his concern is if the City runs into things they need to do and have run out of money. For example, Council is going to approve a project tonight that will take $450,000 so instead of having $16 million, we City Council Page 10 December 13, 2022
will have $15.5 million.
Zuber said he has never liked funding ahead when we have to borrow money and this is a perfect example of that. He said there is a potential problem if a big project came up that we need to fund and we cannot do it. Even though the report says there is money in the accounts, $6 million of it we do not have until the other accounts collect all their money to pay it back.
Mayor Restuccia said that is a good point. It may be a long period before the money comes back.
Zuber said it could be 18 years. Restuccia said that is assuming we build to that stage, but if we do not build to that, it could be 2050 or 2060.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve the annual PFFP Report for the period ending June 30, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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.”
Planning Director Zuidervaart said the Planning Commission reviewed the Development Agreements and found them to be in compliance with the terms.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
City Council Page 11 December 13, 2022
Motion to accept the 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 perspective Development Agreement.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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.
City Administrator Werner said the California Municipal Finance Authority (CMFA) has been asked by Bethany Home to be the issuer of tax-exempt financing for The Terraces at Bethany Home project that was approved by the City Council on July 12, 2022. He said CMFA has requested the City Council to hold a public hearing and to adopt a resolution authorizing the Mayor to execute the Joint Exercise of Powers Agreement with the CMFA and approve the issuance of the Bonds by the CMFA. Werner introduced Anthony Stubbs from the CMFA.
Anthony Stubbs, CMFA said the Tax Equity and Fiscal Responsibility Act (TEFRA) requires a public hearing in the jurisdiction when a project within that jurisdiction is financed with tax-exempt funding. Bethany Home has requested CMFA be the issuer of tax-exempt financing. He said the CMFA is a Joint Powers Authority (JPA) and established to help nonprofits, governments and businesses with taxable and tax-exempt financing.
City Council Page 12 December 13, 2022
Stubbs said the financing is not an obligation of the City and the City has no legal responsibility in regards to the financing. This is strictly to adhere to TEFRA and the California Government Code.
Mayor Restuccia said he understands what Stubbs said and he read the information that was sent over. He asked who executes the bond documents. Stubbs said it is the CMFA, Bethany Home and the underwriter, Zeigler.
Restuccia asked if they actually execute a note. Stubbs confirmed.
Restuccia asked if there is a lien. Stubbs confirmed and said the borrower is the ultimate responsible party.
Restuccia said the City signs nothing; they just do this action tonight. Stubbs confirmed and said the City provides a public forum for the CMFA to come and say tax-exempt financing is being used. This is for transparency purposes to let the jurisdiction know that tax-exempt financing is being used.
Restuccia said he is for this but does not want to get anything wrong and said City Attorney Terpstra understands all of this.
Restuccia said based on what Stubbs said, the City’s bond rating will not be impacted at all with this. Stubbs confirmed.
Restuccia asked if staff has talked to anyone who has done this to know what this process is.
City Attorney Terpstra said he has, and this is the customary path in order to provide taxexempt financing. He said he has spoken with representatives of Merced County and Stockton and it is clear in the resolution, the terms of the City’s obligations, rights and responsibilities including the public hearing and signing onto the JPA. He said the key to a JPA is that each of the member agencies in the JPA have the same common power and rights.
Restuccia said he is glad Terpstra brought that up because the letter they got was from a third party counsel that says they are representing them but they are not, they are representing the CMFA,. He asked Terpstra if he is comfortable with that. Terpstra confirmed. He said the same questions come up wherever the CMFA goes and having the updated information from their counsel saved staff a lot of time.
Restuccia asked if there have been any defaults. Stubbs said no. Restuccia said that means they do not know how they would handle that but that is fair. Stubbs said it would be handled the typical way a default is handled.
Vice Mayor Zuber said the bylaws mention that the directors of the organization get compensation and 25% of something is coming back to the City. Stubbs said the Board of the CMFA is not paid but CMFA staff is, so there is a financing or issuance fee charged to the borrower to compensate the CMFA staff. He said when the CMFA was organized; they made it a requirement of themselves to share 25% of the financing fee with the hosting municipality.
City Council Page 13 December 13, 2022
Zuber asked if the City does not sign on, does Bethany Home lose their funding. Stubbs said the City stay a member until the loan process is complete, but after that, the City can separate themselves from the JPA. He said the CMFA has over 350 municipalities that are members and none of them have opted out.
Restuccia asked when the anticipated closing date is. Stubbs said it is expected to be January 30, 2023.
Barton said the issuance fee in the documentation is about $5 million, he asked if 25% of that would go to the City. Stubbs said that is not the issuance fee to the CMFA, those are issuance costs and the City should expect to receive around $15,000.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to execute the Joint Exercise of Powers Agreement of the California Municipal Finance Authority (CMFA) and adopt Resolution 22-49 in favor of the issuance of the Bonds by the CMFA.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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.
City Administrator Werner said the original Corporation Yard is at Doak Boulevard and Vera Avenue and was built in 1976 when Ripon had a population of 3,500 and had seven public works employees. In 2005, there was a realization for a new corporation yard.
Werner said the City purchased seven acres on Doak Boulevard and in 2019, an architect was hired to design a master plan of how to phase the project considering the operations of the Public Works Department and funding availability. Staff brought this back to Council and they decided to focus on building a fleet maintenance facility.
Werner said the fleet maintenance facility will have a 12,500 square foot building, six stalls, machine shop, offices, restrooms, and locker rooms. He referenced the renderings City Council Page 14 December 13, 2022
attached to the staff report online if people are interested.
Werner said Deide Construction was the lowest, responsive bidder on November 17, 2022. He said staff included the known additional expenses to the project bid amount including a contingency, development fees, materials testing and the architect to assist as needed. This amount is $1.876 million for a total capital cost of $13,032,000.
Council Member de Graaf expressed his surprise over how close the bids were and said that is a good indication that the bid is accurate.
Mayor Restuccia asked if the bids are reviewed to make sure that what they bid on is actually what the plans show and if there is a third party that reviews this. He said that sometimes we see where the contractors miss things. Werner said staff reviewed the bids, as well as LDA Partners, to ensure they are responsive to the bid documents and a responsible contractor.
Restuccia said this project is far overdue.
Motion to award the contract for the Fleet Maintenance Facility Project to Diede Construction, Inc. in the amount of $11,156,000 and authorize staff to proceed.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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.
Mayor Restuccia said this was already approved and tonight they are just confirming it.
City Administrator Werner said rates were already approved in 2020 through the Proposition 218 process. The City Council instructed staff to bring this item back each year to confirm that the rate increases initially included in the Proposition 218 process are necessary. Werner said Council cannot raise the rate increase but can lower it, which has been done in the past.
Werner said the rate study has been updated with current numbers and compares what was included in the original 2020 study and what the 2022 numbers reflect. He said the biggest thing staff looks for, besides paying the operations and the debt, are the transfers happening to the Enterprise Capital Funds to make sure money is being put aside to do City Council Page 15 December 13, 2022
the capital replacement projects when they need to happen. He said there is a target cash balance as well. He said in both the Water Fund and the Sewer Fund, the proposed transfers have been made. Werner said in order to make the transfers and ensure the balance remains at that point, staff is recommending the full rate increase for each of those funds.
Werner said the garbage fund is also being recommended for the full rate increase.
Werner said it is a 2% increase for water, 4% increase for sewer, and a 5% increase for garbage. The overall impact to customers is 3% or $3.92 per month on average.
Werner said Council directed staff to start keeping track of regulatory expenses. There are processes in place to better track these expenses going forward but staff was able to look back at fiscal year 2022 and estimate as much as they could. Werner said it was a little over $100,000 for water, $117,000 for sewer and garbage was $115,000, which averaged $4.70 of a $112 monthly bill to pay for regulatory compliance put in place by State mandates.
Mayor Restuccia confirmed those are State mandates.
Council Member Barton said this was discussed a few months ago and Ripon remains very competitive compared to other cities in regards to fees charged for services. He said occasionally the City receives pushback but he thinks a 3% increase seems very reasonable.
Restuccia said he thinks it shows that we are on an efficient system versus other cities.
Motion to 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.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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.
Police Chief Ormonde said earlier in the year Ripon and other agencies within the City Council Page 16 December 13, 2022
County, received a report from the San Joaquin County Grand Jury on cybersecurity. He said staff prepared a draft response and presented it to Council at the November 8, 2022 meeting. Council did not have further direction for staff at that time.
Mayor Restuccia said every government and financial agency has this and is spending a lot of time and money on this. Ormonde clarified that this item is not the Network Security Plan, but the letter that will be sent to the Grand Jury in response.
Motion to 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.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
D. COUNCIL COMMITTEE AND TASK FORCES
Discussion/No Action Mayor Restuccia to discuss Council Committee and Task Force appointments.
Mayor Restuccia and Council discussed Council Committee assignments and decided they would like to remain in their current assignments.
REPORTS
Department Heads:
Planning Director Zuidervaart said there is a Planning Commission meeting on December 19, 2022; the Planning Commission will be reviewing two parcel map applications.
Director of Public Works Pease said October water usage was down 10% from 2013 numbers but 13% above 2021 numbers. November water usage was down 21% from 2013 numbers and 15% above 2021 numbers.
Pease said the Water Conservation Coordinator has been on patrol and has issued 147 warnings, 24 leak notices and 6 penalty assessments in November.
Pease said the Water Conservation Coordinator has made contact with the businesses eligible for the non-functional turf loan program and will be sending formal letters and fliers to those businesses to see if there is any interest. Mayor Restuccia asked if there had been any interest from businesses. Pease said it has not garnered a lot of interest.
City Council Page 17 December 13, 2022
City Council:
Council Member Barton said Kelly Donohue and her team did a great job with the Christmas Light parade. He said it is a heartwarming event to see Main Street lined with people and reminds him that Ripon is a special place.
Barton said the Ripon Christian girls’ volleyball team won State Championship for the first time since 1999. Ripon Christian boys’ football made it to the NORCAL championship game and suffered a heartbreaking defeat after some injuries in the previous game.
Barton said he wished everyone peace and goodwill, time with family and a heart of gratitude.
Council Member de Graaf said he appreciates everyone coming to the meeting and providing feedback.
de Graaf said he also wanted to commend Kelly Donohue and staff for a great job on the parade, along with all the entries and the Police Department did a great job maintaining the safety. de Graaf said he wanted to congratulate the Escalon team on winning the State Championship. de Graaf said the Ripon Athletic Foundation completed their stadium and it was very impressive to see what happens when the community comes together.
Uecker said he wanted to thank the people who re-elected him and Mayor Restuccia. He said it sends a message that this Council has worked together and kept the City in great shape. He said he wanted to congratulate Barton as well. He said he has been on the Council 20 years and this group is the best that he has worked with and he is proud to be on the Council. de Graaf also wanted to congratulate those who were elected and appointed, it says a lot about their work and effort on the Council.
Mayor Restuccia said he wanted to thank everyone for putting them back on the Council. He said this campaign was interesting because there was a third party that ran, but he is glad they did.
Restuccia said it was interesting because he met so many people he did not know that knew him and wanted to thank him for everything the Council does. He said he always credits the Council.
He said he reconnected with people, made stronger friendships and new friends that will last forever. He said he is glad that he ran, it was the best thing that ever happened.
Restuccia said the City used to give out resolutions at ribbon cuttings and he would like to reinstate that. He said it would be nice as a City to recognize the people that are moving into town.
City Council Page 18 December 13, 2022
There being no further business, the meeting was adjourned at 6:54 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk