Ripon City Council Minutes
TUESDAY, NOVEMBER 14, 2023 – 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 Dean Uecker, Daniel de Graaf, Vice Mayor Leo Zuber, Mayor Michael Restuccia. Absent: Gary Barton.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, City Clerk Lisa Roos, Joe Fagundes.
IN THE MATTER OF:
(1) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 245-180-23
David Cogdill joined the closed session at 5:06 PM
David Cogdill left the closed session at 5:15 PM
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss property negotiations, staff was given direction and no reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Council Member Daniel de Graaf leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Brett Dood gave the invocation.
City Council Page 2 November 14, 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 Absent
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, Steven and Harmony Verver, Kelly Donohue.
PUBLIC DISCUSSION:
Temo Aguiler, Field Representative for the Northern California Carpenters Union, he said he is here tonight to request that the City adopt labor standards and prequalification language for future projects including the use of a State sponsored apprenticeship program where prevailing wage jobs would be required to request construction apprenticeship programs. Aguilar said the apprenticeship program could be a better option than going through the traditional college.
Aguilar said the other labor standard requested is the requirement that contractors offer health care to their employees.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council Meeting of October 10, 2023 and the Special City Council Meeting of November 8, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Uecker
ABSENT: Barton
1. CITY COUNCIL - REGULAR MEETING - OCT 10, 2023 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - NOV 8, 2023 3:30 PM City Council Page 3 November 14, 2023
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Motion to approve the agenda as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Uecker
ABSENT: Barton
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Uecker
ABSENT: Barton
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(October 2022 $342,926.89)
FY 2023-24 YTD: $1,532,138
FY 2022-23 YTD: $1,629,158
Highway Users Tax
(September 2022 $35,601.09)
FY 2023-24 YTD: $123,195
FY 2022-23 YTD: $113,421
SB1 Street & Road Tax
(October 2022 $29,968.91)
FY 2023-24 YTD: $129,954
FY 2022-23 YTD: $115,450
$350,561.45
$41,502.35
$33,871.19
TOTAL $425,934.99
B. WASTE MANAGEMENT
Monthly Franchise Fee Payment
August 2023
September 2023
$10,444.04
$5,182.71
TOTAL: $15,626.75
C. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
October 2023 $1,271.90
City Council Page 4 November 14, 2023
D. BERTOLOTTI DISPOSAL, INC.
Quarterly Franchise Fee Payment – September 2023 $1,386.19 E. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – September 2023 $12,932.39
1.2. Bills, Invoices, Payments
A. KEESEY DESIGN
Design/Graphic Services for the 122 N. Elm-Townhouse
Concept Project - Phase 2 Final Payment $769.00
B. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #31770 $9,500.00
C. DE NOVO PLANNING GROUP
City of Ripon 6th Cycle Housing Element
Progress Payment – Invoice #4030 $46,450.00
D. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
3rd Quarter 2023 - Invoice #Ripon 2023Q3 $3,690.28
E. CALIFORNIA CAD SOLUTIONS, INC.
Geographical Information System Additional Site Development Invoice #701640 (Funded by LEAP Grant) $4,425.00
F. FEHR AND PEERS
East Main Street Traffic Signal Project
Traffic Engineering Services
Progress Payment – Invoice #168871 $8,089.90
G. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #29122 $5,600.00
H. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #27/622-03-20 $7,775.00
I. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #8 $1,377,186.45
City Council Page 5 November 14, 2023
J. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TK09308
Invoice #TK17276
Invoice #TK27161
$5,924.00
$6,334.50
$6,250.50
TOTAL $18,509.00
K. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
$8,628.75
$1,438.60
TOTAL $10,067.35
L. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #60054 $3,509.65
M. RESOURCEABILITY
CalRecycle annual report & SB1383 compliance assistance Progress Payment – Invoice #23-R-0310 $2,493.12
1.3. Resolutions
A. RESOLUTION NO. 23-46
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING AN INCREASE IN THE
COST OF HEALTH AND WELFARE
BENEFITS TO BE PROVIDED TO
NON-REPRESENTED EMPLOYEES
AND CITY COUNCIL MEMBERS
IN CALENDAR YEAR 2024
This resolution adopts the health and
welfare plans for all City employees
during the calendar year 2024 and an
increase in the cost of health and welfare
benefits to be provided to NonRepresented Employees and City Council Members for calendar year 2024.
B. RESOLUTION NO. 23-47
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 4
TO THE MEMORANDUM OF
UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL
EMPLOYEES OF THE CITY OF
RIPON WORKING IN THE
CLASSIFICATIONS OF PUBLIC
WORKS MAINTENANCE, PUBLIC
WORKS FOREMAN AND PUBLIC
WORKS SUPERVISING FOREMAN
This resolution adopts Amendment No.
4 to the Memorandum of Understanding
for all employees of the City working in
the classification of Public Works
Maintenance, Public Works Foreman
and Public Works Supervising Foreman
for Fiscal Years 2021 – 2024 that
increases the baseline premium for Blue
Shield participants from $1,755 to
$2,050 per month and for Kaiser
participants from $1,850 to $2,050 per
month.
City Council Page 6 November 14, 2023
C. RESOLUTION NO. 23-48
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 4
TO THE MEMORANDUM OF
UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL
EMPLOYEES OF THE CITY OF
RIPON POLICE OFFICERS'
ASSOCIATION
This resolution adopts Amendment No. 4
to the Memorandum of Understanding for
all employees of the City of Ripon Police
Officers’ Association for Fiscal Years
2021 – 2024 that increases the baseline
premium for Blue Shield participants
from $1,755 to $2,050 per month and for
Kaiser participants from $1,850 to $2,050
per month.
D. RESOLUTION NO. 23-49
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 5
TO THE MEMORANDUM OF
UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL
EMPLOYEES OF THE CITY OF
RIPON POLICE SERGEANTS'
ASSOCIATION
This resolution adopts Amendment No. 5
to the Memorandum of Understanding for
all employees of the City of Ripon
Sergeants’ Association for Fiscal Years
2021 – 2024 that increases the baseline
premium for Blue Shield participants
from $1,755 to $2,050 per month and for
Kaiser participants from $1,850 to $2,050
per month.
E. RESOLUTION NO. 23-50
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
TRANSPORTATION
DEVELOPMENT ACT FUND, THE
MEASURE K FUND, AND THE
TRANSIT ENTERPRISE FUND
AUDIT REPORT FOR THE FISCAL
YEAR ENDED JUNE 30, 2022
This resolution accepts the City of Ripon
Transportation Development Act Fund,
the Measure K Fund and the Transit
Enterprise Fund Audit Report for June
30, 2022, prepared by LSL, CPAs.
F. RESOLUTION NO. 23-51
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING SUBMITTAL OF
INDIVIDUAL GRANT
APPLICATIONS FOR ALL
CALRECYCLE GRANT
PROGRAMS FOR WHICH THE
CITY OF RIPON IS ELIGIBLE
This resolution authorizes the Public
Works Director, or his/her designee, to
apply for and receive CalRecycle grant
program funds over the next five years to
financially assist with the implantation of
Senate Bill 1383.
City Council Page 7 November 14, 2023
G. RESOLUTION NO. 23-52
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE PUBLIC
WORKS DIRECTOR, OR HIS/HER
DESIGNEETO SUBMIT
APPLICATIONS AND TO SIGN
CERTAIN ASSURANCES WITH
RESPECT TO SAN JOAQUIN
VALLEY AIR POLLUTION
CONTROL DISTRICT
APPLICATIONS FOR LOCAL,
STATE AND FEDERAL
PROGRAMS, PROJECTS OR
GRANTS
This resolution authorizes the Public
Works Director, or his/her designee, to
submit an application to the San Joaquin
Valley Air Pollution Control District for
vouchers to replace existing gas- or
diesel-powered landscaping equipment
with new electric equipment.
1.4. Miscellaneous Items
A. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.
Change Order No. 6
Approve Change Order No. 6 for
additional structural column, addition of
power to electric trap primers,
modifying existing storm drain manhole
elevation, and piping credit in the not to
exceed amount of $10,424 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).
B. QUARTERLY INVESTMENT REPORT REVIEW
July 1, 2023 - September 30, 2023 Accept the City’s quarterly investment report for the period ending September
30, 2023.
C. SERVICE AGREEMENT
Absolute Software, Inc. Approve and authorize the Mayor to sign the agreement with Absolute
Software, Inc. for mobile connectivity
software, a three-year term not to
exceed $6,000 annually (funding source:
General Fund).
**END OF CONSENT CALENDAR**
City Council Page 8 November 14, 2023
2. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 926
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 10.56
"RESTRICTIONS ON RECREATIONAL
VEHICLE PARKING IN RESIDENTIAL
AREAS" OF THE RIPON MUNICIPAL
CODE.
This Ordinance amends Chapter 10.56
“Restrictions on Recreational Vehicle
Parking in Residential Areas” to include
language prohibiting the use of
Recreational Vehicles as dwelling units on
residential lots.
Planning Director Zuidervaart said staff was approached by Code Enforcement and asked to clarify Chapter 10.56 “Restrictions on Recreational Vehicle Parking in Residential Areas” specifically addressing people being allowed to live in their RV on the street, along with permit parking pertaining to RVs.
Vice Mayor Zuber said he interpreted Section 10.56.070 to read that the RV may be parked on private property, and not lived in, but can be lived in, if on the street. Zuidervaart said that is not the intention, and the intention is to allow visitors to get a permit and stay in their RV while visiting.
Mayor Restuccia agreed with Zuber.
Council Member de Graaf said Section 10.56.070 clarifies that the only exception is if someone has a permit.
Zuber said he would like language to clarify and make it clear that people are not allowed to stay in an RV unless it is subject to the conditions of the permit.
Zuidervaart said staff will add language to clarify this.
Restuccia said he is concerned about where the visiting RV can park with regards to the distance from the corner and cords needing to be covered when on the sidewalk.
Zuidervaart said Section 10.56.060 addresses the issue about the cords running across the sidewalk, and this is not allowed.
Restuccia said it does not address the distance the RV has to be from the corner.
De Graaf said it is difficult to park a 30-foot RV 20 feet from the corner on a 40-foot section.
Those RV owners would not be able to park their RV in front of their lot.
Zuidervaart said the Police Chief has discretion to deny the permit if the street cannot safely accommodate the RV.
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Zuber said it would help if Council could see what issues are considered before the RV permit is issued.
Chief Sauer said the conditions are that at no time shall a public safety hazard be permitted to exist on or across any City street, public sidewalk or right of way. He said if a permit is issued but it is then pointed out that it is not safe, the Police Department can revoke the permit.
Sauer said applicants have to provide the address, but the distance they parked from the corner is not documented.
Zuber said cords on the sidewalk are a problem.
Uecker said the slide-outs are a problem
Zuidervaart said Section 10.56.060 addresses the cords and slide-outs.
Zuber said he frequently sees RVs with several of the unsafe conditions on the street for several days.
Motion to waive the first reading and introduce Ordinance 926 amending Chapter
10.56 “Restrictions on Recreational Vehicle Parking in Residential Areas” with the changes discussed.
RESULT: FIRST READING [UNANIMOUS] Next: 12/12/2023 6:00 PM MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Uecker
ABSENT: Barton
3. DISCUSSION ITEMS
A. FINANCIAL AUDITS - FISCAL YEAR 2022-2023
Discussion/No Action Staff will present the draft financial statements prepared by Price Paige &
Company of the City of Ripon’s Financial
Statements and the Money Purchase Thrift
Pension Plan for the fiscal year ending
June 30, 2023. Resolutions will be
presented in December for City Council
acceptance.
City Clerk Roos said staff has received the draft audits for the City of Ripon and the Money Purchase Thrift Pension Plan for the fiscal year ended June 30, 2023 from Price Paige & Company.
City Council Page 10 November 14, 2023
Roos said these audits are completed to fulfill requirements place on us by State agencies and our bonding agencies. She said the City uses an independent third party audit firm to ensure we are in compliance with the laws and regulations. The City of Ripon audit is a combination of all of the finances of the City.
Roos said in order to make the audit easier to understand, she provided a staff report in the City Council packet that gives a high-level financial summary of the fiscal year ending June 30, 2023.
Roos said there is no action required tonight and resolutions to accept these audits will be on the Consent Calendar of our December meeting.
B. SAN JOAQUIN ONE VOICE ADVOCACY TRIP 2024
2024 SJCOG One Voice Trip
Discussion/Action
If the City Council is interested in sending
a representative or representatives to
participate in the 2024 One Voice trip,
please designate and approve the City’s
representative(s) to attend.
Council Member de Graaf said the One Voice meeting was very productive, and said if his schedule allows, he would be interested in attending. Council agreed and said they would also like City Administer Werner to attend.
Motion to authorize the City Administrator and a Council Member to attend the One Voice Conference.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Uecker
ABSENT: Barton
REPORTS
Department Heads:
Planning Director Zuidervaart said there is Planning Commission meeting on November 20, 2023.
Public Works Director Pease said October numbers were 12.7% lower than 2013 numbers and
2.5% lower than 2022 numbers.
Pease said the watering schedule has changed to one day per week.
Pease said the Brush Pickup Program will run through January 7.
City Council Page 11 November 14, 2023
Pease said September had 50 watering violations, all of whom were contacted and 5 penalties assessments.
City Council:
Council Member de Graaf said he received the green can flier and is curious to see if staff will receive any responses from the public.
de Graaf said he appreciates the public comments and the people who came to the meeting.
Mayor Restuccia said the Veterans Day event turned out very well.
Restuccia said that every year the San Joaquin County Board of Supervisors has an event to recognize a Veteran of the Year. Each Supervisor chooses a Veteran of the Year. Robert Rickman chose Steve Verver to be recognized as Veteran of the Year. Restuccia summarized highlights from Mr. Verver's career.
There being no further business, the meeting was adjourned at 6:31 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk