Ripon City Council Minutes
TUESDAY, APRIL 09, 2024 – 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 Michael Restuccia, Dean Uecker, Gary Barton, Mayor Leo Zuber. Absent: Vice Mayor Daniel de Graaf.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, City Clerk Lisa Roos, Deputy City Attorney Thomas Terpstra.
IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 4 cases.
(2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code – 1214 S. Acacia Avenue.
Return to open session
Deputy City Attorney Terpstra said Council met in closed session to receive an update on pending litigation and 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 Mayor Zuber leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Brett Dood gave the invocation.
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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
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, Deputy City Attorney Thomas 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, Kelly Donohue, Carla Bitters, Laura Brown, Steven Verver.
PUBLIC DISCUSSION:
Ramon Amaral, Field Representative for the Northern California Carpenters Union, 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. Amaral said the apprenticeship program could be a better option than going through the traditional college.
Amaral said the other labor standard requested is the requirement that contractors offer health care to their employees.
Dale De Bie said he is concerned about the proposed signal because the consultant said the signal at E. Main St. would cause greater traffic delays at this time. He said he is confused why the signal would be installed if it would contribute to more of a delay. He said the residents do not know about this and he would appreciate people being able to know more about this.
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APPROVAL OF MINUTES:
1. CITY COUNCIL - REGULAR MEETING - MAR 12, 2024 6:00 PM Motion to approve the minutes of the Regular Ripon City Council Meeting of March 12, 2024.
RESULT: ADOPTED [4 TO 0]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Restuccia
ABSTAIN: Uecker
APPROVAL OF MINUTES:
2. CITY COUNCIL - WORKSHOP - APR 2, 2024 12:00 PM
Motion to approve the minutes of the City Council Workshop of April 2, 2024.
RESULT: ADOPTED [4 TO 0]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Restuccia
AWAY: Uecker
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Restuccia requested Item 1.4A be pulled from the Consent Calendar for discussion.
Mayor Zuber requested Item 1.4C 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
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1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(March 2023 $277,588.30)
FY 2023-24 YTD: $3,380,569
FY 2022-23 YTD: $3,487,377
Highway Users Tax
(February 2023 $33,101.84)
FY 2023-24 YTD: $298,029
FY 2022-23 YTD: $284,379
SB1 Street & Road Tax
(March 2023 $28,362.40)
FY 2023-24 YTD: $295.974
FY 2022-23 YTD: $261,635
$270,403.26
$32,577.76
$32,831.05
TOTAL $335,812.07
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
$7,227.50
$2,260.00
$6,375.00
TOTAL $15,862.50
B. PATRICK CLARK CONSULTING
Professional Services – Labor Relations
Invoice #20240309 $1,125.00
C. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2023-2024 4th Quarter Deposits
Workers’ Compensation Program
Liability Program
$159,138.00
$109,177.00
TOTAL $268,315.00
D. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $7,875.00
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E. ENERGY STORAGE RESPONSE GROUP, LLC
Review of Safety Documents - Invoice #2105
(Funded by reimbursement agreement with Broad Reach Power) $15,000.00 F. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #13 $695,778.10
G. BASECAMP ENVIRONMENTAL, INC.
Lower Stanislaus River Multi-Use Trail
Project Environmental Assessment
Progress Payment – Invoice #52397 $1,200.00
Ripon Electrical Vehicle Charging Station
Final Payment – Invoice #52410 $281.25
TOTAL $1,481.25
H. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
2023 3rd & 4th Quarter Report & Annual Report
Invoice #2211794 $7,044.00
I. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment - Invoice #TK88414 $691.00
J. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment - Invoice #02377 $4,202.28
K. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #29777 $425.00
1.3. Resolutions
A. RESOLUTION NO. 24-8
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE SAN JOAQUIN
COUNCIL OF GOVERNMENTS’
ANNUAL FINANCIAL PLAN FOR
FISCAL YEAR 2024-2025
ADOPTED BY THE COG BOARD
ON MARCH 28, 2024
This resolution accepts the San Joaquin
Council of Governments’ annual
financial plan that describes the proposed
transportation planning activities for
fiscal year 2024-2025.
1.4. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
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B. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.
Change Order No. 10
Approve Change Order No. 10 for
installation of gas and communication
conduits across Doak Boulevard in the
not to exceed amount of $70,966.50
(funding sources: Corp Yard AB1600
Fund, Enterprise Capital Funds, and
General Capital Fund).
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. LOWER STANISLAUS RIVER BIKE TRAIL PROJECT
CEQA Approval Adopt the Mitigated Negative
Declaration Environmental Document
for the Lower Stanislaus River Bike
Trail Project and direct staff to file the
Notice of Determination.
E. PROCLAMATION
Ripon Christian High School Present a proclamation to Ripon Christian High School recognizing its
outstanding athletic accomplishments.
F. PROCLAMATION
Dennis Bitters Present a proclamation to Dennis Bitters for his 42 years of remarkable service to
the Ripon Consolidated Fire District,
including 21 years as the Fire Chief.
ITEMS PULLED FROM CONSENT
1.4A : PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 2 Fehr & Peers Approve and authorize the Mayor to sign
Amendment No. 2 to the Professional
Services Agreement with Fehr & Peers to
develop pavement delineation and sign bid
documents and assist the City in
coordinating with Caltrans to obtain an
Encroachment Permit in the not to exceed
amount of $29,715 (funding source:
Transportation PFFP Fund).
Council Member Restuccia said he is concerned about spending $29,000 to move forward with the project when the consultant for the project did not seem to be familiar with several aspects of the intersection including the fact that residents park along the street. He said he was concerned when the consultant said that their staff did not physically visit the project site and that the light would not help traffic at this point.
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Restuccia said the suggestions made by the consultant, including a median, were unacceptable to him and at this point he is not in favor of moving forward with the project.
Vice Mayor de Graaf said he felt the study was insufficient and needs a better-detailed plan. He said he understands that the grant funding may come with a schedule and if so, then maybe the City does not move forward with that schedule. He said he would like to know if it is possible to break the project into phases and have a better-detailed plan, including more information on how this will impact the adjacent residents. City Administrator Werner said one of the items in the contract is a geometric design to help answer the questions that Council had. He said the consultant could be directed to do a preliminary geometric design, which would be roughly 30% of the full design. de Graaf said the traffic study showed there is a relatively short amount of time where traffic is impacted. He said that sometimes traffic signals hinder traffic more than help it when there is minimal traffic, but he believes the traffic signal could help with the early morning traffic.
Werner said the consultant appreciated the feedback from Council and would like to address those concerns as part of this scope. de Graaf said the consultant needs to put the design together and the City needs to sit down with residents and discuss it.
Council Member Barton said he agrees with Restuccia and did not find the presentation to be compelling. He said if the consultant understood the concerns then he is confused why they were not addressed before asking to move forward.
Barton asked when the public would have a chance to weigh in on this topic. He said there are many people at that intersection and in that neighborhood who will be significantly impacted.
Werner said staff could hold a workshop for the public, he said it would be good to get as many comments as possible in order to mitigate the concerns before the project moves forward.
Zuber asked if there is a time limit with the grant. Werner said yes, there is, but there may be some flexibility.
Werner said he would direct the consultant to use the current budget to do a preliminary geometric study and bring it back in a workshop to discuss the signal further. He said if Council decides to move forward after that, then this item can be brought back to Council.
Restuccia said he gets calls all the time, but he does not receive calls about this intersection. He said the workshop would be a great idea. He said that most of the residents realize this area will see heavier traffic during the busier parts of the day for about forty minutes and then the backup is gone. He said he does not think it warrants spending almost $750,000 at this time.
Restuccia said he thinks a public workshop allowing the public to bring their input City Council Page 8 April 9, 2024
forward is a good idea because they may see something that has been missed.
Direction was given to staff and no action was taken.
1.4C : SOUTH OF MAIN RESURFACING PROJECT
American Pavement Systems Award the contract for the South of Main Resurfacing Project to American Pavement
Systems in the amount of $1,576,800 and
authorize staff to proceed (funding source:
the Street & Road Fund and Coronavirus
Response and Relief Supplemental
Appropriations Act grant).
Mayor Zuber said there is a lot of street work in this project, and many people are going to have improved streets in their neighborhood. He said this is why for the last 4-5 years the Council and staff have worked to put money aside so the City can begin to move towards large-scale projects like this one, instead of a block here and there. Zuber said he wanted to thank staff for putting this together and budgeting appropriately for this.
Restuccia said he appreciated the color-coded map that staff presented showing the different street and roads project areas.
Council Member Barton asked if significant notice will be given to people in the neighborhood where the project will occur. City Administrator Werner said the contractor will be putting door hangers on each house with the dates where street parking is unavailable.
Motion to approve Item 1.4C to award the contract for the South of Main Resurfacing Project to American Pavement Systems.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
**END OF CONSENT CALENDAR**
PRESENTATION OF PROCLAMATIONS
Mayor Zuber presented a proclamation to Ripon Christian High School Athletes, in recognition of their outstanding athletic accomplishments.
Mayor Zuber presented a proclamation to Chief Dennis Bitters in honor of his 42 years of service to the Ripon Consolidated Fire District and his retirement.
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2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. RIPON CONSOLIDATED FIRE DISTRICT FEE UPDATE
RESOLUTION NO. ______
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE RIPON
CONSOLIDATED FIRE PROTECTION
DISTRICT UPDATE OF THE FIRE
FACILITIES IMPACT FEE STUDY
DATED JUNE 20, 2023
This is a public hearing to consider the
Development Fee update for the Ripon
Consolidated Fire Protection District for all
new development.
Recommended Action: Approve the
resolution adopting the Ripon Consolidated
Fire Protection District’s update of the Fire
Facilities Impact Fee Study dated June 20,
2023.
Planning Director Zuidervaart said tonight's public hearing will be opened and any public testimony will be recorded. He said there will be no action taken at his public hearing and it will be postponed until a further date.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
Deputy City Attorney Terpstra said the public hearing will stay open until this item is brought back before the Council. He said any comments will carry on to a future meeting.
REPORTS
Department Heads:
Planning Director Zuidervaart said there will be a Planning Commission on April 15, 2024 to consider the tennis courts at Ripon Christian School.
Director of Public Works Pease said March water usage was down 37% from 2013 numbers and 25% higher than last year’s numbers. He said staff made 27 contacts and 1 penalty was assessed.
Pease said residents are able to register for the Large Item Pick-Up program online.
City Council:
Council Member Restuccia said he wanted to thank everyone for coming to the First Responders Appreciation Day.
Council Member Uecker wanted to congratulate Chief Bitters on his retirement.
Council Member Barton said he wanted to thank Council Member and Mona Restuccia for hosting a wonderful event, First Responders Appreciation Day, and said it was a great event.
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Barton said he appreciated Chief Bitters and his years of work and looks forward to working with the new chief.
Barton said there was a strategic planning meeting held April 2, 2024 that was open to the public, and it was an informative meeting.
Vice Mayor de Graaf said he wanted to thank everyone for attending the meeting. de Graaf said he was unable to attend the First Responders Appreciation Day, but he looks forward to the event every year. He thanked everyone for their work on the event. de Graaf congratulated Chief Bitters and thanked him for his years of service.
There being no further business, the meeting was adjourned at 6:36 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk