Ripon City Council Minutes
TUESDAY, DECEMBER 12, 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, 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, Police Chief Daniel Sauer.
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
(2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 257-300-20
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss upcoming labor negotiations, property negotiations, and the reclassification of the IT Tech position within the Police Department, 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 Rex Rodgers gave the invocation.
City Council Page 2 December 12, 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 Alex Arias, Rex Rodgers, Michael Musca, Steven Verver.
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 14, 2023
RESULT: ADOPTED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Uecker
ABSTAIN: Barton
1. CITY COUNCIL - REGULAR MEETING - NOV 14, 2023 6:00 PM
COUNCIL REORGANIZATION
Per Ordinance No. 800, RMC Section 2.04.020 Mayoral Selection, Council Members shall be seated as follows:
Seat 1 Mayor Leo Zuber
Seat 2 Vice Mayor Daniel de Graaf
Seat 3 Council Member Gary Barton
Seat 4 Council Member Dean Uecker
Seat 5 Council Member Michael Restuccia
(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 Leo Zuber and Daniel de Graaf whether they want to serve in the respective seats of Mayor and Vice Mayor and both have confirmed.
City Council Page 3 December 12, 2023
Council Members were seated in their new, respective seats and the meeting was handed over to Mayor Leo Zuber.
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Barton requested Items 1.2E and 1.2F be pulled from the Consent Calendar for discussion.
Mayor Zuber requested Items 1.1A and 1.4D be pulled from the Consent Calendar for discussion.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.1. Income
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
November 2023 $1,271.90
C. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – September 2023 $22,986.95 City Council Page 4 December 12, 2023
1.2. Bills, Invoices, Payments
A. ASSOCIATED PENSION CONSULTANTS
Annual Administration Services for
Non-Public Safety Retirement Plan $8,270.00
B. GRANICUS LEGISLATIVE MANAGEMENT
Annual Legislative Management System Renewal
Invoice #175092
Digital Boardroom
Agenda & Minutes
$8,243.28
$8,795.53
TOTAL $17,038.81
C. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
J-M Manufacturing
SSJID Groundwater Sustainability Agency
Private Development
$10,251.25
$442.50
$1,770.00
$3,293.75
TOTAL $15,757.50
D. RIPON CHAMBER OF COMMERCE
2024 Membership Investment
Invoice # 5891 $185.00
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 #9 $951,439.72
H. BASECAMP ENVIRONMENTAL, INC.
South County Water Project
Progress Payment – Invoice #52308 $978.75
I. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #105094 $612.51
J. FEHR AND PEERS
East Main Street Traffic Signal Project
Traffic Engineering Services
Progress Payment – Invoice #170181 $3,055.50
City Council Page 5 December 12, 2023
K. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TK32410
Invoice #TK37018
$4,389.75
$9,111.25
TOTAL $13,501.00
L. TRIPLE M ENTERPRISE, INC.
Percolation Pond Project
Invoice #2023-23 $42,862.50
M. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #28/622-03-20 $5,250.00
N. TESCO CONTROLS, INC.
Well 19 – Motor Control Center Equipment
Invoice #0081354
$5,000.00
1.3. Resolutions
A. RESOLUTION NO. 23-53
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
FINANCIAL STATEMENTS AND
INDEPENDENT AUDITOR'S
REPORT FOR THE YEAR ENDED
JUNE 30, 2023
This resolution accepts the City of Ripon
Financial Statements and Independent
Auditor’s Report for the year ended June
30, 2023, prepared by Price Paige &
Company Accountancy Corporation.
B. RESOLUTION NO. 23-54
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, 2023 AND 2022
This resolution accepts the City of Ripon
Money Purchase Thrift Plan Financial
Statements and Independent Auditor’s
Report June 30, 2023 and 2022, prepared
by Price Paige & Company Accountancy
Corporation.
City Council Page 6 December 12, 2023
1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT
Stone Creek Environmental Consulting Approve and authorize the Mayor to sign the Professional Services
Agreement with Stone Creek
Environmental Consulting to develop a
Trash Implementation Plan in
accordance with Track 2 requirements
of the State Water Resource Control
Board’s 13383 Order in the not to
exceed amount of $19,500.
B. REIMBURSEMENT AGREEMENT
Sukhdev Singh Approve and authorize the Mayor to
sign the Arc Way Development
Reimbursement Agreement that
provides reimbursement for staff time
and consultant costs to respond to an
application for a major site plan permit
for a proposed retail building,
convenience market and gas station
located at 769 Frontage Road
(north/west corner of Arc Way and
Frontage Road).
C. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.
Change Order No. 7
Approve Change Order No. 7 for
additional grading and paving, restroom
wall tile changes, fixture credit, and
doorframe and hardware changes in the
not to exceed amount of $26,385
(funding sources: Corp Yard AB1600
Fund, Enterprise Capital Funds, and
General Capital Fund).
D. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
City Council Page 7 December 12, 2023
ITEMS PULLED FROM CONSENT
1.1A : STATE OF CALIFORNIA
Sales Tax
(November 2022 $518,334.19)
FY 2023-24 YTD: $2,074,380
FY 2022-23 YTD: $2,147,492
Highway Users Tax
(October 2022 $34,552.30)
FY 2023-24 YTD: $159,891
FY 2022-23 YTD: $147,973
SB1 Street & Road Tax
(November 2022 $30,732.40)
FY 2023-24 YTD: $166,364
FY 2022-23 YTD: $146,182
$542,241.70
$36,696.28
$36,409.97
TOTAL $615,347.95
Mayor Zuber said the sales tax for this fiscal year is $70,000 less than last year and asked if there will be a true-up. City Administrator Werner said there was a true-up payment received in November and it was similar to last year but the prior true-up this year was considerably less. Werner said he will bring a 6-month update to Council after December.
Motion to approve Item 1.1A State of California.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.2E : RIPON UNIFIED SCHOOL DISTRICT
Pool Operations Shared Cost
Invoice #ARR24-00074 $42,210.59
Council Member Barton asked why there had been such an increase in the cost.
Recreation Director Stevens said the increase in cost was mostly due to salaries, especially with the minimum wage increase implemented by the State of California.
Stevens said the cost of chemicals has increased as well as the cost of pool maintenance.
City Council Page 8 December 12, 2023
Motion to approve Item 1.2E Ripon Unified School District for the shared cost of pool operations.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.2F : RIPON UNIFIED SCHOOL DISTRICT
Aquatic Center Capital Maintenance Shared Cost
Invoice #ARR24-00075 $119,402.14
Recreation Director Stevens said in 2017 the pool was replastered, locker room doors were replaced, and pool equipment was replaced and repaired. Stevens said this invoice covered the complete redo of the locker rooms including walls, floors, bathrooms and repainting the entire facility. He said the doors were also replaced with a better quality product in order to prevent rust as much as possible.
Council Member Barton asked if there are any major upcoming repairs that staff is aware of. Stevens said there is nothing immediately significant, but an aquatic center runs the risk of equipment failure.
Motion to approve Item 1.2F Ripon Unified School District for the shared cost of the Aquatic Center capital maintenance.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.4D : DRONE DONATION
Ripon Rotary Foundation Accept the donation from the Ripon Rotary Foundation to be used for the
purchase of a Parrot Anafi USA Drone
(donation: $7,540.00).
Mayor Zuber said at some point he would like to see a report regarding drone use. Chief Sauer said he would be happy to provide Council a summary of how the Police Department uses drone technology. He said the Department currently has one drone in operation and it is deployed approximately five times a year in cases such as patrol operations, the reconstruction of crime scene and traffic collisions, and in missing person cases, especially by the river. Sauer said the Police Department also uses it to look for illegal encampments by the river and during the serving of warrants for documentation and officer safety.
Vice Mayor de Graaf asked if the drone uses any pre-modeling. Sauer said no.
City Council Page 9 December 12, 2023
de Graaf asked if the drone has infrared vision and Sauer confirmed.
Council Member Restuccia said he wanted to thank the Ripon Rotary Foundation for their donation.
Motion to approve Item 1.4D Drone Donation from the Ripon Rotary Foundation.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
**END OF CONSENT CALENDAR**
2. RESOLUTIONS
A. RESOLUTION NO. ______
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE ELECTRONIC
MESSAGE CENTER USAGE POLICIES
AND PROCEDURES
This resolution adopts the Electronic
Message Center Usage Policies and
Procedures.
Planning Director Zuidervaart said the installation of an electronic message center (EMC) was approved in June 2023 and it will be located in front of City Hall. Zuidervaart said staff was directed to bring back a policy regarding the use of the electronic message sign by other agencies. He said the Deputy City Clerk will be operating the sign and there will be an application for outside agencies.
Council Member Restuccia said the Policy looked good.
Mayor Zuber said the Policy’s Guiding Principles states that the EMC will not be used to directly or indirectly endorse organizations not associated with the City. He thinks it should be opposite the person or organization should be associated with the City. Zuber said the policy is missing the overarching description of what the EMC is to be used for.
Zuber said the Policy states that the EMC will not be used to directly or indirectly to endorse or promote a political campaign, candidate, or ballot measure, but in the next section the Policy states that it may be used by State and Federal legislative representatives. He said this needs to be clarified.
Zuber said the Policy states that City-sponsored events have priority, but it needs to be clarified how that is established.
Zuber asked how long messages show on the screen. Zuidervaart said there is a section in the Ripon Municipal Code regarding EMS and message time. Zuber said the Policy should reference this section of the Code.
City Council Page 10 December 12, 2023
Zuidervaart said staff will revise the Policy with Council's suggestions and bring it back.
3. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. DEVELOPMENT AGREEMENT - ANNUAL REVIEW (2023)
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
City Clerk Roos said staff received through email two letters from Marty Harris regarding the Development Agreements. She said they are lengthy and have various attachments, they will be accepted as correspondence and she has given the Council each a copy of the letters and attachments.
PUBLIC HEARING CLOSED
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: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 11 December 12, 2023
B. 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, 2023.
City Clerk Roos said this is a public hearing on our annual report of capital fees for the fiscal year ending June 30, 2023 pursuant to California Government Code Section 66000.
Roos said the staff report provides 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, 2023.
Roos said this PFFP Report has been prepared in accordance with the requirements of the Government Code and is prepared consistently with prior years.
Roos said staff’s recommended action is to approve the annual PFFP report for the year ending June 30, 2023.
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, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 12 December 12, 2023
4. ORDINANCES
Second Reading and Adoption
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 Ordinance 926 amending Chapter 10.56 “Restrictions on Recreational Vehicle Parking in Residential Areas” is up for second reading and adoption.
He said Council made several suggestions for clarification at the first reading and staff has revised the proposed ordinance to include Council's suggestions. He said the intent of this ordinance did not change.
Mayor Zuber said staff did a good job.
Council Member Barton asked Chief Sauer if he had any concerns with the ordinance and Sauer said no.
Motion to waive the second reading and adopt Ordinance 926 amending Chapter 10.56 “Restrictions on Recreational Vehicle Parking in Residential Areas” RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
5. DISCUSSION ITEMS
A. WATER, SEWER, GARBAGE ENTERPRISE FUNDS ANNUAL RATE
ADJUSTMENT ANALYSIS
Discussion/Action Staff is recommending the City Council approve implementing the February 1,
2024 rate increases for the water (2%),
sewer (4%) and garbage (4%) enterprise
funds that were originally approved in the
2020 5-Year Rate Study.
City Administrator Werner said in 2020 staff was directed to do a 5-year rate study for utility rate increases for 2021-2025. He said the first three years, 2021-2023, have been implemented as they were approved. He said staff was also directed to bring this back each year for Council to review the financials and determine if the increase was needed.
City Council Page 13 December 12, 2023
Werner said that in the previous 5-year cycle there were a number of reductions to the rates.
Werner said he wanted to discuss the Water, Sewer and Garbage Enterprise Funds.
Werner said staff is recommending a 2% rate increase for water to be implemented February 1, 2024. He said the operating balance is estimated to be $740,000, which is $670,000 lower than what was projected. He said that the transfers that were included in the projections are expected to happen to the Water Enterprise Capital Fund.
Werner said the Sewer Enterprise Fund is similar, but has not been impacted by inflation as much as the Water Enterprise Fund. Werner said staff is recommending a 4% rate increase for sewer to be implemented February 1, 2024. He said the operating balance is projected to be $740,000, which is $160,000 higher than what was projected. He said this includes the transfers to the Sewer Enterprise Capital Fund that are scheduled for the future Waste Water Treatment Plant. He said it will not cover the full project costs but will reduce the City’s need for bonds.
Werner said the Garbage Fund is the most impacted fund due to regulatory requirements required by Senate Bill 1383. Werner said the City has just started bringing solid waste to a sorting facility. He said the City saw a $190,000 increase in operating expenses for fiscal year 23-24. He said for 24-25 staff is expecting an almost $300,000 increase. He said this is due to SB1383. Werner said the Garbage Fund has been heavily impacted over the 5-year term largely due to disposal fees.
Werner said the operating balance is projected to be $110,000, which is $630,000 lower than what was projected. He said staff is recommending a 4% rate increase for garbage to be implemented February 1, 2024.
Werner said staff is not recommending the City to go out for a new Prop 218 at this time because there is not enough information to determine projected expenses. Werner said staff might bring back a study later to decide if a Prop 218 is needed to cover the rising disposal fees.
Werner said the decreased projected operating balance will affect the planned $1.4 million transfer to the Garbage Enterprise Capital Fund. Staff is projecting to only transfer $740,000. He said this will have to be considered if the City goes for a Prop 218.
Werner said the regulatory compliance regulations impact utility rates at a rate of about
5.2% of an average monthly utility bill.
Werner showed a slide from 2021 showing the average utility bills from surrounding cities. He said even with the increase, we are competitive with the other cities.
Council Member Restuccia said he is concerned that there might be more surprises like SB1383. He said he believes there will be more compliance requirements from the State and with that, more expenses. Werner agreed.
City Council Page 14 December 12, 2023
Vice Mayor de Graaf said the Prop 218 can be adjusted, if needed, every five years.
Mayor Zuber said he is concerned about the Garbage Fund because it is at the bare minimum and if something comes along, the fees will not cover the expenses. Werner said he shares Zuber’s concerns, as well as concerns about the Capital Fund, which covers expenses such as garbage trucks.
Michael Musca asked if the sewer fees have decreased from 21-22 to 22-23. Werner said those are the regulatory expenses associated with the Sewer Fund.
Motion to approve implementing the February 1, 2024 rate increases for the water (2%), sewer (4%) and garbage (4%) enterprise funds that were originally approved in the 2020 5-Year Rate Study.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dean Uecker, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
B. COUNCIL COMMITTEE AND TASK FORCES
Discussion/No Action Mayor Zuber to discuss Council
Committee and Task Force appointments.
Mayor Zuber and Council discussed Council Committee assignments. Zuber asked Council to review their current positions and submit any requests for changes to City Clerk Roos by December 31, 2024.
REPORTS
Department Heads:
Recreation Director Stevens said he wanted to invite Council to come for a tour of the City's recreation facilities.
Planning Director Zuidervaart said there is a Planning Commission meeting on December 18, 2023. He said there is a consistency hearing for a potential project.
Public Works Director Pease said November water usage numbers were 19% lower than 2013 numbers and 2% higher than 2022 numbers.
Pease said staff increased water patrols through the month of November and made over 140 contacts, 2 repeat offender penalties were issued and 75% of the contacts made were for watering on the wrong day.
Pease said the Brush Pickup Program will run through January 7.
City Council Page 15 December 12, 2023
Pease said two new employees were hired to work at the Recycling Center part time and it will be open every day of the week for a period of time.
City Council:
Council Member Restuccia said the Christmas Tree lighting was well done and well attended.
Council Member Barton said he wanted to thank outgoing Mayor Restuccia for his work and welcome incoming Mayor Zuber.
Barton said he wanted to recognize Steve Verver for the Veteran of the Year award he received last month.
Barton said he wanted to wish everyone a Merry Christmas and hoped to see everyone at the Christmas Light Parade on Thursday night.
Vice Mayor de Graaf said he wanted to thank the members of the public for attending. de Graaf echoed Barton’s sentiments about the outgoing and incoming Mayors.
There being no further business, the meeting was adjourned at 6:50 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk