Ripon City Council Minutes
TUESDAY, OCTOBER 10, 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 Dean Uecker, Gary Barton, Daniel de Graaf, Vice Mayor Leo Zuber, Mayor Michael Restuccia.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Personnel Negotiations Pursuant to Section 54957.6 of the California Government Code - Bohannon Insurance Group: 2024 Health and Welfare Renewals (2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 257-300-20
(3) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 1 case.
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss employee health benefits; staff was given direction and no reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Police Chief Sauer leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Chris Williams gave the invocation.
City Council Page 2 October 10, 2023
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 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 Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Tricia Staley, Scott Lindsay, Matt Riddle, Kelly Donohue, Carrie Sweet.
INSTALLATION OF THE CHIEF OF POLICE
Mayor Restuccia said that he believes in the philosophy of promoting from within. He said Chief Sauer has proven that he has the ability to continue the process that he has begun and Sauer has earned the respect of his peers, staff and Council. Restuccia said Sauer was highly recommended by former Chief Ormonde. Restuccia said Chief Sauer has the full support of the Council.
Pastor Glenn Gerdes opened the ceremony with a prayer of blessing over Chief Sauer and his new position.
City Clerk Roos administered the Oath of Office to Daniel Sauer.
Restuccia invited Carla and Olivia Sauer to present Sauer with his jacket and pin on the Chief’s badge.
Sauer thanked everyone for coming. He said when he started with the Ripon Police Department 21 years ago he never thought he would become the Chief of Police. He said as he was mentored, progressed through the ranks, and received encouragement from those around him, he began to realize becoming Chief of Police was a real possibility. He said his dad always encouraged him in this path. He said he wishes his parents were present for this and could be here tonight but he is surrounded by his precious family. Sauer said he loves this community and is grateful for the support.
Mayor Restuccia called for a ten minute recess at 6:12 PM to allow friends and family to congratulate Sauer.
Meeting returned to session at 6:25 PM
City Council Page 3 October 10, 2023
PUBLIC DISCUSSION:
On behalf of the public, City Clerk Roos read the following public comment received via email.
Marty Harris said he and his wife are pleased to see actions being taken by the Ripon Consolidated Fire District (RCFD) and are encouraged by the support they have received from the RCC and others in regards to staffing the empty fire station in Ripon.
Harris said he believes that as the costs of living continue to rise, it seems unlikely that voters may be willing to support increases to their property taxes. He said for this reason, both his wife and him believe that obtaining the funds necessary to staff the empty Ripon fire station may be best achieved by using funding made available through Proposition 172.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council Meeting of September 12, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1. CITY COUNCIL - REGULAR MEETING - SEP 12, 2023 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Vice Mayor Zuber requested Item 1.2Q be pulled from the Consent Calendar for discussion.
Motion to approve the agenda 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 4 October 10, 2023
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(September 2022 $318,026.99
FY 2023-24 YTD: $1,181,577
FY 2022-23 YTD: $1,286,231
Highway Users Tax
(August 2022 $38,749.41)
FY 2023-24 YTD: $81,693
FY 2022-23 YTD: $77,820
SB1 Street & Road Tax
(September 2022 $29,236.70)
FY 2023-24 YTD: $96,083
FY 2022-23 YTD: $85,481
$365,794.33
$41,424.00
$33,594.18
TOTAL $440,812.51
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
September 2023 $1,271.90
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – July 2023 $3,580.49
1.2. Bills, Invoices, Payments
A. BASECAMP ENVIRONMENTAL, INC.
South County Water Project
Progress Payment – Invoice #52267 $292.50
B. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TJ94581
Invoice #TK02832A
$3,256.00
$7,491.00
TOTAL $10,747.00
City Council Page 5 October 10, 2023
C. FEHR & PEERS
East Main Street Traffic Signal Project
Traffic Analysis and Traffic Engineering Design Services Progress Payment
Invoice #164730
Invoice #165419
Invoice #166739
Invoice #167949
$1,968.20
$4,929.60
$1,381.90
$5,167.50
TOTAL: $13,447.20
D. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #7 $509,238.00
E. COGDILL + ASSOCIATES, INC.
Appraisal Service
APN: 245-180-23
$5,000.00
F. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY Crime Shield Program
Liability Program
Workers’ Compensation Program
$2,789.00
$109,177.00
$159,138.00
TOTAL $271,104.00
G. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #31562 $9,930.00
H. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $186,550.00
I. TRIPLE M ENTERPRISE, INC.
Percolation Pond Project
Invoice #2023-15 $52,725.00
J. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #102794 $220.99
K. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #28948 $63.50
L. MCR ENGINEERING
Construction Management & Inspection Services for the
Bethany Home Terraces & Jack Tone Car Wash Projects
Progress Payment – Invoice #18775 $3,125.00
City Council Page 6 October 10, 2023
M. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #59503 $27,126.20
N. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #26/622-03-20 $11,837.50
O. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
July and August Invoice #AR113747 $4,612.51
P. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
SSJID Groundwater Sustainability Agency
Padilla Accessory Dwelling Unit
Private Development
$5,310.00
$811.25
$295.00
$4,462.50
TOTAL $10,878.75
Q. ITEM Q WAS MOVED TO ITEMS PULLED FROM CONSENT
1.3. Resolutions
A. RESOLUTION NO. 23-43
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPOINTING NEWPORT TRUST
COMPANY AS THE CUSTODIAN
OF THE CITY OF RIPON 457
DEFERRED COMPENSATION
PLAN WITH STRATEGIC
RETIREMENT
This resolution removes Fidelity
Investments and appoints Newport Trust
Company as the custodian to the City of
Ripon 457 Deferred Compensation Plan
with Strategic Retirement and authorizes
the City Administrator and City Clerk to
execute the necessary documents to
implement this change.
B. RESOLUTION NO. 23-44
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 AN ALTERNATIVE
FUEL VEHICLE
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 one (1)
alternative fuel vehicle in the amount of
$70,000 (funding sources: Grant of
$20,000 and $50,000 from the General
Department Capital Fund).
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1.4. Miscellaneous Items
A. GENERAL SERVICES AGREEMENT - AMENDMENT NO. 4
Terracon Consultants, Inc. Approve and authorize the Mayor to sign Amendment No. 4 to the General
Services Agreement with Terracon
Consultants, Inc. to provide construction
materials testing and inspection services
for the Fleet Maintenance Facility
Project, in the not to exceed amount of
$50,000 (funding sources: Corp Yard
AB1600 Fund, Enterprise Capital
Funds, and General Department Capital
Fund).
B. CITY HALL/POLICE DEPARTMENT FENCE REPLACEMENT
Richter Fence Approve and authorize the Mayor to
sign the contract with Richter Fence to
replace the temporary fence behind the
City Hall/Police Department building in
the not to exceed amount of $19,900
(funding source: General Department
Capital Fund).
C. CLAIM
Steven Mennucci Approve claim filed by Steven
Mennucci.
D. TREE PRUNING MAINTENANCE PROJECT
Grover Tree Service Approve and authorize the Mayor to
sign the contract with Grover Tree
Service in the amount of $35,175 to
provide tree pruning/removal
maintenance in multiple parks and
landscaped areas (funding source:
expenses paid through the various funds
that currently fund the landscape
maintenance where the work is
planned).
City Council Page 8 October 10, 2023
ITEMS PULLED FROM CONSENT
1.2Q : TOM MAYO CONSTRUCTION
Asphalt Repair Contract
Progress Payment – Invoice #2023018-01 $49,000.00
Vice Mayor Zuber said many cities are concerned about the deterioration of their streets and he is pleased with the approach Ripon takes in order to keep our streets at the level streets should be. He said he has received many comments from residents that the streets are nicer than many other towns they visit. Zuber said he wanted to commend Public Works Director Pease and his team for their approach to maintaining the streets.
Council Member Barton thanked Zuber for his comments and echoed the sentiment.
Motion to approve Item 1.2Q Tom Mayo Construction Invoice.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
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. SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2024 FEE UPDATE
RESOLUTION NO. 23-45
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 2024
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. He said this is the second year the fees are decreasing.
City Council Page 9 October 10, 2023
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to adopt Resolution 23-45 amending the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan 2024 Development Fee.
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 Sauer said he wanted to thank Council and the Administration for having the confidence to appoint him as Chief of Police.
Recreation Director Stevens congratulated Sauer on his promotion to Chief of Police.
Planning Director Zuidervaart said there will not be an October Planning Commission meeting, but there will be a November meeting.
Public Works Director Pease said the Large Item Pick-Up Program ended September 30 and the Brush Pick-Up program will begin October 15 and run through January 7.
Pease said September water usage was down 16% from 2013 numbers and up 3% over 2022 numbers.
Pease said the August water conservation incidents included 87 overwatering reports and staff made contact with all 87. He said of those 87, 68 were wrong day/time reports, 19 were leaks and 5 penalties were issued.
Pease said November 1 the water schedule will change to the winter schedule and watering will go from 3 days a week to 2 days a week.
City Council:
Council Member de Graaf thanked those who attended the meeting and swearing in. de Graaf congratulated Sauer on his promotion.
Council Member Uecker congratulated Sauer on his promotion and said he is very happy for him and his family. Uecker said he believes Sauer will do a great job.
Vice Mayor Zuber thanked Pease for the update on the water incidents.
City Council Page 10 October 10, 2023
Zuber said Eye on Water sent him an email informing him of a leak and he was able to address it.
Zuber said the Olympic Torch relocation is a reminder of what he enjoys about Ripon. He said there are things here that are of historical significance and every once in a while someone picks up on it and has the energy and commitment to pursue it, and the Olympic Torch relocation is a great example. There are people in town who remember the event and it was important to them that the Torch was relocated to its original location. He said Mike White and the Public Works staff made this possible.
Mayor Restuccia agreed that Eye On Water is a great tool.
There being no further business, the meeting was adjourned at 6:39 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk