Ripon City Council
Special Meeting Minutes
WEDNESDAY, JULY 26, 2023
SPECIAL MEETING
11:00 AM
The Special Meeting was called to order by Mayor Michael Restuccia.
ROLL CALL:
Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
Dean Uecker Council Member Remote
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Police Chief Ormonde, Associate Civil Engineer Christiana Giedd, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Kelly Donohue.
1. PUBLIC DISCUSSION
No one from the public wished to speak at this time.
City Administrator Werner said the meeting location was moved from the Council Chambers to the Main Conference Room.
2. TOPICS OF DISCUSSION
A. FLEET MAINTENANCE FACILITY PROJECT
Change Order No. 3
Discussion/Action
Approve Change Order No. 3 for electrical
revisions and revisions to accommodate
SSJID, MID, and Fire Department
requirements in the not to exceed amount
of $132,150.00 (funding sources: Corp
Yard AB1600 Fund, Measure K Transit,
Enterprise Capital Funds, and General
Capital Fund).
Associate Civil Engineer Giedd said this is Change Order 3 for the Fleet Maintenance Facility Project and includes a few different changes primarily relating to complying with requirements from various entities. She said the main changes are electrical requirements.
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Giedd said the bid documents did not include the primary conduit or secondary cable to connect to MID's transformers. She said this was a mistake on the part of the electrical sub-contractor on the project. The electrical subcontractor has assisted in ensuring that the price we are receiving is fair by looking at past bids and staff has negotiated the price down.
Giedd said very little of the construction contingency has been used so far, so there are adequate funds to cover this change order.
Werner said this was an unusual incident and staff has not heard of any other items not included in the original bid. He explained that the drawings were done in a way that it was easily missed.
Council Member Barton asked if there is any consequence to the contractor for the mistake or is the City supposed to absorb the burden.
Werner said the City would have paid for this anyway; it was a cost that should have been included but not negligent on the part of the subcontractor.
Motion to approve Change Order No. 3 for electrical revisions and revisions to accommodate SSJID, MID, and Fire Department requirements in the not to exceed amount of $132,150.00.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
Giedd left the meeting at 11:08 AM.
Council Member Uecker joined the meeting at 11:08 AM.
B. LICENSING AND REGULATIONS OF SPECIAL EVENTS
Discussion/No Action Council to discuss potential changes to the Licensing and Regulations of Special
Events section of the Ripon Municipal
Code.
City Administrator Werner said the Ripon Municipal Code (Code) does not provide direction to staff regarding processing applications for events similar to the Mulrooney Auction. He said staff would like to create a process to follow going forward. He said staff has laid out some policy discussion and hopes to receive direction from Council today.
Vice Mayor Zuber asked staff to confirm that the discussion is about large events on undeveloped property inside the City. Werner said the Code currently has no direction City Council Page 3 July 26, 2023
regarding those events and staff believes the Code is currently written to prohibit events on undeveloped properties within City limits.
Mayor Restuccia asked staff to define undeveloped property. Planning Director Zuidervaart said undeveloped property has no sidewalks, parking, and development fees have not been paid.
Zuber asked where the undeveloped properties are. Zuidervaart said there are quite a few on Jack Tone Road and by Mistlin Park.
Zuber asked if Mistlin Park is undeveloped and Zuidervaart said Mistlin Park is a Cityowned park that has developed areas, including parking. He said the portion that Mulrooney has been using is undeveloped.
Zuber said this has not come up until Mulrooney moved across the street, but the whole time they were at Mistlin Park, staff did not raise this issue to Council.
Council Member Barton said they moved because they were told they would not be able to hold the auction at Mistlin Park due to the amount of rain. Werner said they were moving in equipment before the permit was issued and due to the amount of rain, it was very wet and staff was unsure if the parking area would be able to be fixed before the Almond Blossom Festival.
Council Member de Graaf said staff is also concerned about the other types of events that may apply if there is no clarification in the Code. He said staff would like to define what is desirable for any future events and decide how to proceed with Mulrooney.
Werner said if Council desires to continue to provide this opportunity to Mulrooney, staff will write that into the Code, similar to the Almond Blossom Festival.
Restuccia asked if Mulrooney’s event would have been denied anyway because of the rain and the condition the field would have been left in.
Werner confirmed and said that was the issue this year.
Zuber said that did not stop staff from allowing him to hold the event on the other property. Werner agreed and said they did not stop him because City Attorney Terpstra found a conflict in the Code.
Zuber said instead of writing rules and making an exception, make the rules and have Mulrooney abide by the rules. Werner agreed and said staff could eliminate that section allowing applicants to go to private, undeveloped properties. Council would need to decide if they are going to provide Mistlin Park to out-of-town businesses and nonprofits or just Mulrooney, who operates outside the City and for-profit.
Werner said it could be written for local businesses and nonprofits only, with the exception of Mulrooney.
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de Graaf said that could work because Mulrooney has been doing this event for over twenty years and they donate a significant portion of the proceeds to the Ripon Christian and Ripon Unified FFA and 4-H programs. He suggested tying a donation dollar amount to the events that goes back to a Ripon organization.
Werner said rather than listing Mulrooney by name, it could be written that anyone who had a special event who is not in the City of Ripon prior to a specific date is able to continue. Zuber agreed and said he does not want to list them by name in the Code.
Council agreed they do not want to include the event by name. Werner said there could be language that allows the transfer of the permit upon Council approval.
Zuber said this still allows out-of-town people to hold events and be sponsored by local organizations.
Council discussed the issue of liability and who is responsible for ensuring that the property is restored after the event. They agreed that the sponsoring agency needs to be responsible for the event.
Werner said the Code includes a section that requires the City to charge an appropriate amount for the event and at this time, the Code does not include a section specific to Mistlin Park. Currently, staff calculates the amount charged is based on the number of parking spaces and the equivalent of the number of fields, but staff believes this needs to be improved and the amount more reflective of the actual cost to the City.
Council discussed the staff time and expenses associated with an event like this including the Police Department, Planning and Public Works departments. They agreed it is important that the City cover their cost.
Barton said the City does not currently have very many applicants for this type of event.
Werner said the dollar amount is very low at this point and people will stop going to the larger areas and come here because the cost is so minimal. de Graaf said there is not a great need for the Police Department at the Mulrooney event as compared to a flea market.
Restuccia said this is not being written for the present, low activity but is being written for the future.
Zuber said there needs to be a condition that covers unanticipated costs to the City in the form of a deposit or bond.
Werner said that would be similar to the Community Center rentals.
Zuber said this will curb the enthusiasm for potential applicants due to upfront costs.
Werner said staff has discussed having a host at this type of event similar to the Community Center.
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Zuidervaart asked if Council would like to limit the special event permit to local businesses and nonprofits only. de Graaf said if it becomes a problem, Council can revisit the idea at that time. Zuber said at this time, it is only Mulrooney applying for this event.
Restuccia said that as long as the group covers the cost, he does not want to eliminate someone from out of the area if they have a good cause.
Zuidervaart asked if they want to limit the permit to organizations that benefit Ripon in some way.
Barton said he does not have an issue with an outside group as long as they benefit the City in some way.
Werner asked if they could limit the out-of-town nonprofit and for-profit businesses, write Mulrooney in by date and gauge the interest; this would allow staff to figure out the best process.
Zuber said if it written that way, there would be zero interest because the door is closed to out-of-town prospects. Werner said applicants do not read the Code before they call; they will call if they are interested.
Werner said it is easier to open the door over time rather than trying to close it.
Restuccia asked if there has been much demand. Werner said no.
Zuidervaart said it is important to consider that the Parks and Recreation Department has several events throughout the year and there is limited time available for these types of events.
de Graaf said at some point the land will be developed and the area will be unavailable for these types of events. He believes the event worked well at the private property it was on this year.
Zuidervaart said Code Enforcement has previously written up businesses for operating on undeveloped property and has received complaints from them asking why they were not allowed to operate their business on undeveloped property while Mulrooney, a for-profit business, was allowed to essentially operate their business.
Zuber asked what would happen if Mulrooney came in this year and wanted to have their event at the same place.
Werner said there were several issues with the event this year, including people crossing Jack Tone Road unsafely. It was a great example of why this ordinance is necessary.
Zuber confirmed there needs to be list of requirements, no matter who it is.
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de Graaf said he did not attend the event this year, and asked if the parking was an issue.
Zuidervaart said yes, people were parking on private property, resulting in several calls to the Police Department.
Werner said it is preferable to prohibit these events on private property, to only allow local businesses and organizations, and to restrict the events to Mistlin Park only.
Zuidervaart said the intent of the ordinance was to allow Ripon businesses to hold onetime events or events that benefit the City, such as the Farmer’s Market.
Council agreed they would like to see the special event permit limited to local businesses or nonprofits, with the exception of people holding a special event permit prior to a specific date.
Zuidervaart said staff would bring an ordinance for first reading to Council. It would also include a provision that if the event takes place in a City park, the event must comply with the rules already in place for the parks.
3. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:58 AM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 07/26/2023
Subject: Fleet Maintenance Facility Change Order 3
RECOMMENDED ACTION:
Approve Change Order No. 3 for electrical revisions and revisions to accommodate SSJID, MID, and Fire Department requirements in the not to exceed amount of $132,150.00 (funding sources:
Corp Yard AB1600 Fund, Measure K Transit, Enterprise Capital Funds, and General Capital Fund).
BACKGROUND:
The Fleet Maintenance Facility Project was awarded to Diede Construction, Inc. at the December 13, 2022 City Council meeting for an amount of $11,156,000. The Fleet Maintenance Facility Project will involve the construction of a 12,500 square foot maintenance building and parking lot.
At the March 14, 2023 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $288,622 for raising the elevation of the existing berm at the Wastewater Treatment Plant disposal ponds in order to provide additional storage capacity.
At the June 13, 2023 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $1,466 for additional survey staking.
DISCUSSION:
The Fleet Maintenance Facility Project required design changes due to electrical revisions and requirements from SSJID, MID, and the Ripon Consolidated Fire District, as summarized below:
Project changes related to electrical revisions: The bid set for the project did not include the electrical connection from the on-site transformer to MID’s transformer. Additionally, the secondary cable and primary conduit connecting the building to the on-site transformer were not included in the bid. A slight cost offset is included from the removal
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of electrical requirements from the south gate. The additional cost related to these changes is $108,550.
Project changes related to SSJID requirements: SSJID has a pipeline easement that runs through the project site. The pipeline depth is such that the Fleet Maintenance Facility project had to be revised to include increased driveway concrete thickness, additional storm drain piping, elevation adjustments, additional catch basin installation, and slurry to achieve compaction over the SSJID pipeline. The additional cost related to these changes is $30,492.
Project changes related to Ripon Consolidated Fire District: The Ripon Consolidated Fire District requested the fire department connection be installed on the backflow preventer rather than the building. The additional cost related to this change is $1,795.
Project changes related to MID: MID has a power easement that runs through the southern border of the project site. The easement conflicted with the location of the proposed project fencing. To accommodate the easement, the project fencing was modified to connect to the fence on the south of the property rather than including an additional fence at the south of the property. The cost savings related to this change is ($8,687).
The additional work is to be billed at a cost not to exceed $132,150.
FISCAL IMPACT:
The attached Change Order No. 3 is in the amount of $132,150 and will be allocated to the Corp Yard AB1600 Fund (47.0%), Measure K Transit (7.4%), Enterprise Capital Funds (15.8%), and General Capital Fund (29.8%). The amended construction contract price is shown in Table 1.
On December 13, 2022, City Council approved the total cost of the Fleet Maintenance Facility Project which included $1,115,600 for construction contingency. Change Order No. 1 did not utilize the project contingency because the work was performed at the Wastewater Treatment Plant disposal ponds. The total remaining contingency after subtracting Change Orders No. 2 and 3 is $981,984.
Table 1 – Current Contract Price
Amount
Original Contract Price $ 11,156,000
Change Orders (1-3) $ 422,238
Current Contract Price $ 11,578,238
Attachments:
1. CO 3
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CITY OF RIPON
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 3 DATE: 7/11/2023
PROJECT: Fleet Maintenance Facility Project SHEET 1 OF 1 SHEETS TO: Diede Construction, Inc.
NOTE: This change order is not effective until approved by the CITY ENGINEER.
Description Cost
Addition of the following items:
Electrical Revisions $108,550.00
SSJID Requirements $30,492.00
Ripon Consolidated Fire District Requirements $1,795.00 MID Requirements -$8,687.00
Total: $132,150.00
Not to Exceed Cost: Increase
Approval Recommended: Date:
Approved: Date:
Accepted, Date _____________________ Contractor
By ___________________________________ Title
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.
Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
Change requested by the Engineer.
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.
All work shall be in accordance with City Standards.
Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$132,150.00
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 17 Calendar Days
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Attachment: CO 3 (3923 : Fleet Maintenance Facility Change Order 3) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 07/26/2023
Subject: Licensing and Regulations of Special Events
DISCUSSION/ANALYSIS:
Council to discuss potential changes to the Licensing and Regulations of Special Events section of the Ripon Municipal Code.
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