Ripon City Council Minutes
TUESDAY, JANUARY 09, 2024 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 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 Michael Restuccia, Dean Uecker, Gary Barton, Vice Mayor Daniel de Graaf, Mayor Leo Zuber.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 245-180-23.
(2) 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 and approve two invoices for legal support services and no further action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Mayor Leo Zuber leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Glenn Gerdes gave the invocation.
ROLL CALL:
Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
City Council Page 2 January 9, 2024
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, Kelly Donohue, Adam Corkins.
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 December 10, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1. CITY COUNCIL - REGULAR MEETING - DEC 12, 2023 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Motion to approve the agenda as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 3 January 9, 2024
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(December 2022 $262,128.68)
FY 2023-24 YTD: $2,337,151
FY 2022-23 YTD: $2,409,620
Highway Users Tax
(November 2022 $34,713.07)
FY 2023-24 YTD: $199,160
FY 2022-23 YTD: $182,686
SB1 Street & Road Tax
(December 2022 $27,741.37)
FY 2023-24 YTD: $195,175
FY 2022-23 YTD: $173,923
$262,770.54
$39,268.71
$28,810.92
TOTAL $330,850.17
B. WASTE MANAGEMENT
Monthly Franchise Fee Payment – November 2023 $5,511.80 C. VERTICAL BRIDGE
Annual Acacia Avenue Cell Tower Lease Payment $12,348.39
1.2. Bills, Invoices, Payments
A. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #32219 $6,941.00
B. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
SSJID Groundwater Sustainability Agency
Private Development
$5,531.25
$384.89
$663.75
$4,068.75
TOTAL $10,648.64
City Council Page 4 January 9, 2024
C. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2023-2024 3rd Quarter Deposits
Liability Program
Workers’ Compensation Program
$109,177.00
$159,138.00
TOTAL $268,315.00
D. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #10 $617,331.85
E. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #60435 $17,627.85
F. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TK46118
Invoice #TK53657
$5,345.00
$715.00
TOTAL $6,060.00
G. FEHR AND PEERS
East Main Street Traffic Signal Project
Traffic Engineering Services
Progress Payment – Invoice #170577 $1,188.20
H. BASECAMP ENVIRONMENTAL, INC.
South County Water Project
Progress Payment – Invoice #52334
Lower Stanislaus River Multi-Use Trail
Project Environmental Assessment
Progress Payment – Invoice #52342
$506.25
$5,500.00
TOTAL $6,006.25
I. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
September Invoice #AR113808
October Invoice #AR113878
November Invoice #AR113879
$2,142.05
$2,444.63
$2,126.67
TOTAL $6,713.35
J. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #29/622-03-20 $8,200.00
City Council Page 5 January 9, 2024
K. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #105806 $2,175.00
L. CHRISP COMPANY
Roadway Striping Maintenance Project
Final Payment – Invoice #27236 $87,358.00
M. TRIPLE M ENTERPRISE, INC.
Percolation Pond Project
Final Invoice #2023-24 $2,040.00
N. PAVLETIC CONSULTING LLC
Water, Sewer and Garbage Enterprise Funds Annual Review Progress Payment – Invoice #202002-01 $2,160.00
1.3. Resolutions
A. RESOLUTION NO. 24-1
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING THE CITY ENGINEER
TO PREPARE ON BEHALF OF THE
CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR
2024-2025 PERTAINING TO THE
ANNUAL ASSESSMENTS FOR THE
CITY OF RIPON'S TEN
LANDSCAPE MAINTENANCE
DISTRICTS LOCATED IN THE
COUNTY OF SAN JOAQUIN,
CALIFORNIA
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon’s ten Landscape Maintenance
Districts.
B. RESOLUTION NO. 24-2
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING THE CITY ENGINEER
TO PREPARE ON BEHALF OF THE
CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR
2024-2025 PERTAINING TO THE
ANNUAL ASSESSMENTS FOR
ASSESSMENT DISTRICT NO. 05-1,
CITY OF RIPON, COUNTY OF SAN
JOAQUIN CALIFORNIA,
COMMONLY KNOWN AS CITY OF
RIPON LIGHTING DISTRICT
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon Lighting District.
City Council Page 6 January 9, 2024
C. RESOLUTION NO. 24-3
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING CITY COUNCIL
MEMBER APPOINTMENTS TO
VARIOUS BOARDS,
COMMISSIONS, TASK FORCES,
AND COMMITTEES
This resolution approves the City Council
Member appointments to local and
regional Boards, Commissions, Task
Forces, and City Council Committees for
2024.
D. RESOLUTION NO. 24-4
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING THE CITY'S PART
TIME EMPLOYEE PAID SICK
LEAVE POLICY
This resolution amends the City of
Ripon’s Part Time Employee Paid Sick
Leave Policy to comply with State laws
effective January 1, 2024.
1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT
Basecamp Environmental, Inc Approve and authorize the Mayor to sign the Professional Services
Agreement with Basecamp
Environmental, Inc. to provide
environmental services required for the
Arc Way Development Project in the
not to exceed amount of $30,390
(funding source: Arc Way Development
Project's reimbursement account).
B. PROFESSIONAL SERVICES AGREEMENT
HCS Engineering, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with HCS Engineering, Inc.
to provide electrical engineering
services required for the Electrical
Vehicle Charging Station Project in the
not to exceed amount of $3,600
(funding source: General Department
Capital Fund).
City Council Page 7 January 9, 2024
C. POET LAUREATE GRANT AGREEMENT
Library & Literacy Foundation for San
Joaquin County
Approve and authorize the Mayor to
sign the Grant Agreement and direct
staff to draft a Memorandum of
Understanding with the Ripon Arts
League to administer the grant program.
**END OF CONSENT CALENDAR**
2. RESOLUTIONS
A. RESOLUTION NO. 24-5
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE ELECTRONIC
MESSAGE CENTER USAGE POLICY
This resolution adopts the Electronic
Message Center Usage Policy.
Planning Director Zuidervaart said this is the updated version of the Electronic Message Policy with Council's suggestions from the December 12, 2023 City Council meeting.
Council Member Restuccia asked Zuidervaart to explain the pertinence of Ripon Municipal Code 16.17. Zuidervaart said this is the City of Ripon’s sign ordinance that addresses the parameters for electronic message centers, and staff will ensure that this sign follows the ordinance.
Restuccia there is a section that states the City Clerk will determine what messages are displayed, but who makes sure the messages are clean and compliant. Zuidervaart said he provided the Council with an updated redline version of the policy to address that concern.
He said the City Clerk would be reviewing and approving all messages.
Restuccia said the Policy states the State and Federal agencies can use the Electronic Message Center, he said he does not want to allow them to come in and post whatever they want. Zuidervaart said the message would need to be approved by the City Clerk.
Restuccia said the policy states that the Electronic Message Center will not be used to directly or indirectly solicit, advertise, promote or endorse any commercial, financial or religious agency or organization but further down it states that religious agencies registered on the City of Ripon’s Master List of nonprofit agencies may advertise annual community wide events. Zuidervaart said they are allowed to advertise annual community events but may not advertise the religious institution itself. Vice Mayor de Graaf suggested the word “advertise” in the third bullet at the bottom of the first page be changed to “remote” Barton asked how many messages could run at one time. Zuidervaart he is not sure yet, but messages cannot scroll and must stay for 10 seconds. He said staff will be receiving training towards the end of January and will know more then.
City Council Page 8 January 9, 2024
Motion to approve Resolution 24-5 Electronic Message Center Usage Policy with the addition of language specifying that all messages shall be reviewed and approved for content and compliance with the policy by the City Clerk and the word “advertise” on page 1, third bullet at the bottom be changed to “promote”.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
3. DISCUSSION ITEMS
A. STANISLAUS RIVER BIKE/PEDESTRIAN BRIDGE UPDATE
Discussion/No Action Staff will provide an update regarding the Stanislaus River Bike/Pedestrian Bridge
damage and repair process.
Public Works Director Pease said he wanted to update the Council on the status of the bridge. He said a tree hit the bridge in October and the tree was removed. A structural engineer made an evaluation and determined that the bridge, in its current state, must remain closed for the safety of the public and due to the risk of failure. The structural engineer evaluated a few field fixes but ultimately none of them would be sufficient, the only permanent solution is to replace the damaged segment. Pease said staff is working with the Army Corp. of Engineers to get the necessary permits that pertain to repair the bridge. He said the current estimate to repair the bridge, not including the permit process, is $400,000 - $500,000.
Council Member Barton asked if there are other entities involved with the funding of the repair. Pease said according to the lease, the financial burden is the City’s. He said Stanislaus County reached out and is willing to assist in the process of reopening; the extent of their help is unknown. Staff is waiting for more information from the Army Corp.
Council Member Restuccia asked if the Army Corp would be assisting financially. Pease said no, our lease states that we are liable for any damage done to our structures on their property.
Restuccia asked if our insurance would cover any of this. City Administrator Werner said the City has filed a claim.
Pease said there is no estimated time of reopening; the permitting process with the Army Corp. is a lengthy process. He said staff is exploring an option to open the bridge sooner in its current condition by providing a temporary shoring underneath the damaged segment of the bridge but this comes with challenges including a permit with the Army Corp. Pease said this would allow for people travel across the bridge while the City undergoes the lengthy permitting process to fully repair the bridge. It would depend on the cost and amount of time involved.
City Council Page 9 January 9, 2024
Restuccia asked if the bridge could fall down. Pease said the damaged segment is 65 feet long and the bridge could potentially fall. He advised that people stay away from the bridge.
Pease said there are several trees on each side of the river and each side of the bridge that could potentially fall, so staff is working with the Army Corp. during this process to remove them and hopefully prevent this from happening again.
REPORTS
Department Heads:
Chief Sauer said the Christmas present delivery program was successful; they went to 16 different locations and gave presents to 29 children.
Sauer said there is an Area of Responsibility (AOR) meeting at 7:00 PM in the Emergency Operations Center February 14, 2024.
Public Works Director Pease said the Water Conservation Coordinator made 217 contacts in November and December and issued 12 penalties.
Pease said December water usage numbers were 16% lower than 2013 numbers and 1.5% lower than 2022 numbers.
City Administrator Werner presented a summary budget update of the General Fund and operations of the General Fund. He said the amounts shown are before any transfers in order to show the health of the General Fund. He said the amounts of the transfers being seen in sales tax are going to start growing. Werner said we are starting to see the benefits of the economic development agreements that are in place. He said with those and the amount of the loans provided, there will be larger transfers of sales tax revenue.
Werner said actual FY23-24 numbers are about $317,000 behind last year. Werner said revenue is up $330,000 with about half of that being the additional sales tax. He said the City’s expenses are up about $650,000 from FY22-23. Compared to the FY23-24 budget, we are roughly $170,000 above budget.
Werner presented the sales tax summary saying that the City receives sales tax once a month with true-up payments in October, November, February and March. He said in August there was a significant decline for FY23-24 compared to FY22-23, but other than that month, it has been similar to FY22-23. He said FY22-23 saw almost $4.5 million in sales tax and FY23-24 is on track to be close to the budgeted amount of $3.95 million.
Werner said the sale of fuel sales tax makes up about 45% of the City’s revenue. He said the State of California has mandated that by 2035, all new vehicles sold must be zero emission vehicles and since 2016, the volume of gas sold has dropped by an average of 1.6% per year. He said for this reason, staff has worked toward economic development to bring in sales tax revenue for the City.
City Council Page 10 January 9, 2024
Werner said staff has seen some stability in the Consumer Price Index since June and hopes this will continue, which will help on the expense side of the budget.
Mayor Zuber asked Werner if there will be a surplus or deficit at the end of the FY23-24. Werner said it should be close to his projections with enough money for the budgeted transfers.
Zuber said the economic development agreements involve transfers and asked if they reduce our income from sales tax. Werner said yes, because the agreements allowed the businesses to pay their capital fees once their business opened as opposed to at the time of permitting. He said at the end of the fiscal year all the sales tax generated from the businesses is transferred to the appropriate fund until the capital fees are paid off. Werner said he is estimating about three years until they are fully repaid.
City Council:
Council Member Restuccia wished everyone a Happy New Year.
Vice Mayor de Graaf thanked everyone for attending.
There being no further business, the meeting was adjourned at 6:30 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk