Ripon City Council Minutes
TUESDAY, AUGUST 08, 2023 – 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, Vice Mayor Leo Zuber, Mayor Michael Restuccia. Remote: Dean Uecker.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra (remote), City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 2 cases.
City Attorney Terpstra said Council met in closed session to receive an update on pending matters and to approve legal invoices, staff was given direction and no reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Mayor Restuccia leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Reverend Matt Riddle gave the invocation.
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
City Council Page 2 August 8, 2023
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Associate Civil Engineer Christiana Giedd, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Reverend Matt Riddle, Steven Verver, Kelly Donohue, Belinda Williamson.
PUBLIC DISCUSSION:
City Clerk Roos said staff received a public comment from Marty Harris. It is a letter to the San Joaquin County Board of Supervisors. She said it will be accepted as correspondence and she has given the Council each a copy of the letter. She said it will not be read into the minutes because it exceeds the 250-word limit.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of July 11, 2023 and the Special City Council Meeting of July 26, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1. CITY COUNCIL - REGULAR MEETING - JUL 11, 2023 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - JUL 26, 2023 11:00 AM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Vice Mayor Zuber requested Item 1.4J be pulled from the Consent Calendar for discussion.
Associate Civil Engineer Giedd requested Items 1.2E, 1.2F, 1.4D and 1.4E 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 3 August 8, 2023
1. CONSENT CALENDAR
Motion to approve the Consent Calendar 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
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(July 2022 $377,138.56)
FY 2023-24 YTD: $379,453
FY 2022-23 YTD: $377,139
Highway Users Tax
(June 2022 $30,411.46)
FY 2022-23 YTD: $408,208
FY 2021-22 YTD: $388,884
SB1 Street & Road Tax
(July 2022 $29,226.62)
FY 2023-24 YTD: $32,004
FY 2022-23 YTD: $29,227
$379,453.36
$35,572.10
$32,004.33
TOTAL $447,029.79
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
July 2023 $1,271.90
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
May 2023
June 2023
$10,041.11
$6,446.88
TOTAL $16,487.99
D. BERTOLOTTI DISPOSAL, INC.
Quarterly Franchise Fee Payment - June 2023 $1,262.44
E. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – June 2023 $12,321.08
City Council Page 4 August 8, 2023
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
S.G.M.A.
$4,941.25
$2,636.14
$368.75
$1,401.25
TOTAL $9,347.39
B. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2023-2024 1st Quarter Deposits
ResoluteGuard Fees
$701,356.00
$3,938.00
TOTAL $705,294.00
C. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
2nd Quarter 2023 - Invoice #Ripon 2023Q2 $2,589.46
D. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #102025 $108.50
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. ITEM F WAS MOVED TO ITEMS PULLED FROM CONSENT
G. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #5 $536,789.00
H. BASECAMP ENVIRONMENTAL, INC.
South County Water Project
Progress Payment – Invoice #52215 $5,408.75
I. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility
Materials Testing & Inspection Services
Progress Payment
Invoice #TJ66979
Invoice #TJ75050
$969.00
$606.00
TOTAL $1,575.00
J. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #24/622-03-20 $19,487.50
City Council Page 5 August 8, 2023
K. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #28749 $1,215.00
1.3. Resolutions
A. RESOLUTION NO. 23-39
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER
OF CERTAIN MUNICIPAL FUNDS
This resolution authorizes transfers of (1)
Enterprise Operating Funds to Enterprise
Capital Reserve Funds, (2) General Fund
to Landscape Maintenance Districts with
deficits, (3) General Fund to CNG Station
Capital Reserve Fund, and (4) General
Fund to PERS Contingency Fund for the
2022-2023 fiscal year.
B. RESOLUTION NO. 23-40
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER
OF CERTAIN MUNICIPAL FUNDS
FOR STREET MAINTENANCE AND
REPAIRS
This resolution authorizes the transfer of
certain street and road revenue sources to
offset the fiscal year 2022-2023 expenses
of street and road maintenance and
repairs and transfer street and road
revenue to the Street and Road
Reconstruction Reserve fund.
C. RESOLUTION NO. 23-41
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CONVEYANCE
OF CERTAIN REAL PROPERTY
AND FURTHER ADOPTING A
NOTICE OF EXEMPTION
PURSUANT TO CEQA
GUIDELINES SECTION 15062
This resolution adopts a notice of
exemption pursuant to CEQA guidelines
section 15062 for right-of-way
acquisition for the North Ripon
Road/River Road intersection
signalization project.
City Council Page 6 August 8, 2023
1.4. Miscellaneous Items
A. MEASURE K RENEWAL COOPERATIVE AGREEMENT (C-24-025)
Fleet Maintenance Facility Project Approve and authorize the Mayor to sign the Measure K Renewal
Cooperative Agreement No. (C-24-025)
with the San Joaquin Council of
Governments in order to receive
reimbursement for the Fleet
Maintenance Facility Project from the
Passenger Rail, Bus and
Bicycle/Pedestrian funding category of
the Local Transportation Improvement
Plan.
B. FLEET MAINTENANCE FACILITY PROJECT
Change Order No. 4 Approve Change Order No. 4 in the not to exceed amount of $4,889 (funding
sources: Corp Yard AB1600 Fund,
Measure K Transit, Enterprise Capital
Funds, and General Capital Fund).
C. STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.
Change Order No. 13
Approve Change Order No. 13 in the
not to exceed amount of $1,427.37
(funding source: Street & Road
Operating Fund).
D. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. DELTA REGIONAL MONITORING PROGRAM
Storm Water General Permit Approve and authorize the annual payment of $5,150 to the Delta Regional
Monitoring Program for the City of
Ripon’s participation in this program, as
required by the City’s State Storm
Water Phase II General Permit.
City Council Page 7 August 8, 2023
G. PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 1
Fehr & Peers Approve and authorize the Mayor to
sign the Amendment No. 1 to the
Professional Services Agreement with
Fehr & Peers in order to perform
additional traffic analysis to mitigate
impacts of cut-through traffic at the East
Main Street and Highway 99
intersection in the not to exceed amount
of $31,500 (funding source:
Transportation PFFP Fund).
H. AMEND LEASE OF 303 AND 307 W. MAIN STREET
Holistic Synergy, LLC Approve and authorize the Mayor to sign the amendment to the lease of 303
and 307 W. Main Street (Holistic
Synergy, LLC).
I. ANNUAL INVESTMENT REPORT REVIEW
July 1, 2022 - June 30, 2023 Accept the City’s annual investment report for the period ending June 30,
2023.
J. ITEM J WAS MOVED TO ITEMS PULLED FROM CONSENT
ITEMS PULLED FROM CONSENT
1.2E : SORACCO, INC.
Well 19 Pump Station Project
Progress Payment – Invoice #17 $4,749.49
Associate Civil Engineer Giedd said Soracco had submitted an invoice and upon further review by staff, it was found to be incorrect. The amount should be a credit of $4,790.79.
Motion to approve Item 1.2E Soracco Invoice 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
City Council Page 8 August 8, 2023
1.2F : D.A. WOOD CONSTRUCTION, INC.
Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #19 $1,356.00
Associate Civil Engineer Giedd said D.A. Wood submitted an invoice and upon further review by staff, it was found that the contractor had been underpaid, resulting in a new invoice amount of $44,827.05.
Motion to approve Item 1.2F D.A. Wood Construction Invoice 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
1.4D : WELL 19 PUMP STATION
Soracco, Inc. Accept the work completed by Soracco,
Inc. and authorize the filing of a Notice of
Completion with retention ($90,546.83) to
be paid 35 days after recording of notice.
Associate Civil Engineer Giedd said the retention changed from $90,546.83 to $90,044.71.
Motion to accept the work completed by Soracco, Inc. and authorize the filing of a Notice of Completion with retention ($90,044.71) to be paid 35 days after recording of notice.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1.4E : STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc. Accept the work completed by D.A. Wood Construction, Inc. and authorize the filing
of a Notice of Completion with retention
($273,936.61) to be paid 35 days after
recording of notice.
Associate Civil Engineer Giedd said the retention changed from $273,936.61 to $276,224.56.
City Council Page 9 August 8, 2023
Motion to accept the work completed by D.A. Wood Construction, Inc. and authorize the filing of a Notice of Completion with retention ($276,224.56) to be paid 35 days after recording of notice.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1.4J : DONATION
Johnston-Crawford Family Accept the donation from the JohnstonCrawford family of a Valley Oak tree to be planted at Stouffer Park. (donation: $250).
Vice Mayor Zuber said he wanted to thank the Johnston-Crawford family for their donation of a Valley Oak tree at Stouffer Park. He said the park is a nice place to go and this will add to it.
Motion to accept the donation from the Johnston-Crawford family of a Valley Oak tree to be planted at Stouffer Park.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
**END OF CONSENT CALENDAR**
2. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 925
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 5.40
"LICENSING AND REGULATIONS OF
SPECIAL EVENTS" OF THE RIPON
MUNICIPAL CODE
This ordinance amends Chapter 5.40
“Licensing and Regulations of Special
Events” of the Ripon Municipal Code that
addresses application eligibility and
performing general cleanup/updates.
Planning Director Zuidervaart said the staff report summarizes the direction and changes that Council provided at the July 26, 2023 Special Meeting and the April 11, 2023 City Council Meeting.
Vice Mayor Zuber said this ordinance clarifies the issues that were raised.
City Council Page 10 August 8, 2023
Motion to waive the first reading and introduce Ordinance 925 amending Chapter 5.40 "Licensing and Regulations of Special Events".
RESULT: FIRST READING [UNANIMOUS] Next: 9/12/2023 6:00 PM MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
Second Reading and Adoption
B. ORDINANCE NO. 921
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 16.12 -
DEFINITIONS AND USE
CLASSIFICATION SYSTEMS AND
TABLE 16.24.1 OF CHAPTER 16.24 -
INDUSTRIAL DISTRICTS OF THE
RIPON MUNICIPAL CODE
This ordinance amends Chapter 16.12,
entitled “Definitions and Use Classification
Systems” and Table 16.24.1, entitled “Uses
in Industrial Districts”.
Planning Director Zuidervaart said this is the second reading and adoption of Ordinance 921 adding Recreation Vehicle Storage to the Heavy Industrial Districts.
Motion to waive the second reading and adopt Ordinance 921 amending Chapter 16.12, entitled “Definitions and Use Classification Systems” and Table 16.24.1, entitled “Uses in Industrial Districts”.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
Second Reading and Adoption
C. ORDINANCE NO. 922
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
REZONING CERTAIN REAL
PROPERTIES LOCATED AT 552 N.
WILMA AVENUE (APN 259-660-35)
AND 456 MAPLE AVENUE (APN 259-
040-02) IN THE CITY OF RIPON
This ordinance rezones properties owned
by Ripon Christian Schools located at 552
N. Wilma Avenue (APN 259-660-35) and
456 Maple Avenue (APN 259-040-02)
from R1 (Single Family Residential) and
R1UC (Single Family Residential Urban
Core) to PS (Public-Semipublic).
Planning Director Zuidervaart said this is the second reading and adoption of Ordinance 922 finalizing the rezoning of properties owned by Ripon Christian to allow for the future expansion of the campus.
City Council Page 11 August 8, 2023
Motion to waive the second reading and adopt Ordinance 922 rezoning properties owned by Ripon Christian Schools located at 552 N. Wilma Avenue (APN 259-660-35) and 456 Maple Avenue (APN 259-040-02) from R1 (Single Family Residential) and R1UC (Single Family Residential Urban Core) to PS (Public-Semipublic).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
Second Reading and Adoption
D. ORDINANCE NO. 923
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 2.15
"COMMISSIONS" OF THE RIPON
MUNICIPAL CODE
This ordinance amends Chapter 2.15
Commissions of the Ripon Municipal Code
providing necessary updates and
clarification to the commission application
and appointment process.
Planning Director Zuidervaart said this is the second reading and adoption of Ordinance 923 to address Council’s concerns regarding the Commissions appointment process. He said there is now a clear, concise process.
Motion to waive the second reading and adopt Ordinance 923 amending Chapter 2.15 Commissions of the Ripon Municipal Code providing necessary updates and clarification to the commission application and appointment process.
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. GRAND JURY REPORT NO. 0322
Discussion/Action Response to Grand Jury Case No. 0322 for Superior Court of California, County of
San Joaquin regarding, "School Safety: A
Shared Responsibility".
Chief Ormonde said this is the second draft that includes the comments from the last council meeting. He said this letter is in response to Grand Jury Case No. 0322 regarding, “School Safety: A Shared Responsibility”.
Mayor Restuccia said he liked the changes that were made to the letter.
City Council Page 12 August 8, 2023
Motion to approve and authorize the Mayor to sign the letter of response to the findings and recommendations of the Grand Jury Case No. 0322 for Superior Court of California, County of San Joaquin regarding, “School Safety: A Shared Responsibility”.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
REPORTS
Department Heads:
Chief Ormonde said there is an Area of Responsibility (AOR) meeting for Area 3 at 7:00 PM in the Emergency Operations Center August 9, 2023.
Ormonde said the Countywide Saturation Traffic Enforcement Team will be in town on August 17, 2023.
Ormonde said a new officer will be joining the Department on August 16, 2023 and that will leave only one vacancy.
Planning Director Zuidervaart said there is no Planning Commission meeting in August.
Public Works Director Pease said July water usage was down 20% from 2013 numbers and up 5% from last year’s number.
Pease said the Well 19 project was accepted today and was approved for the use of drinking water.
City Council:
Council Member Barton said Porchfest had a wonderful turnout. He said he wanted to thank Kelly Donohue with the Chamber for her work. He said it exceeded his expectations and he is looking forward to it being an annual event.
Council Member de Graaf thanked everyone for attending the meeting.
Vice Mayor Zuber said he wanted to acknowledge Chief Ormonde, the Police Department and the Fire Department for their efforts organizing National Night Out. He said the attendance was unbelievable and he was impressed by the numbers of kids who were running around. He believes this is a great event to have and the week leading up to it was wonderful. He said they should be proud of this event.
Mayor Restuccia said he was also impressed with Porchfest, he liked that the music was at an enjoyable level that allowed for talking and listening. He said there were so many people riding their bikes and walking around and was classic “small town”.
Restuccia said he wanted to acknowledge that Vice Mayor Zuber was named Citizen of the Year by the Chamber of Commerce and it is well deserved.
City Council Page 13 August 8, 2023
There being no further business, the meeting was adjourned at 6:19 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk