Ripon City Council Minutes
TUESDAY, JUNE 11, 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, Vice Mayor Daniel de Graaf, Mayor Leo Zuber.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 4 cases.
Return to open session.
City Attorney Terpstra said Council received an update on potential litigation. 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 David Morris gave the invocation.
City Council Page 2 June 11, 2024
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, 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, Tricia Staley, Kim Anderson, Rod Wright, David Morris.
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 May 14, 2024 and the Special City Council Meeting of May 24, 2024.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1. CITY COUNCIL - REGULAR MEETING - MAY 14, 2024 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - MAY 24, 2024 11:30 AM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
City Clerk Roos requested Item 1.2A 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: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 3 June 11, 2024
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(May 2023 $388,021.79)
FY 2023-24 YTD: $4,171,799
FY 2022-23 YTD: $4,137,803
Highway Users Tax
(April 2023 $24,191.40)
FY 2023-24 YTD: $362,402
FY 2022-23 YTD: $336,373
SB1 Street & Road Tax
(May 2023 $26,180.69)
FY 2023-24 YTD: $365,608
FY 2022-23 YTD: $317,980
$505,939.30
$32,031.84
$35,918.46
TOTAL $573,889.60
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
May 2024 $1,305.31
C. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – March 2024 $22,848.66
1.2. Bills, Invoices, Payments
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #15 $307,354.45
C. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TM03215
Invoice #TM11191
$755.00
$1,323.00
TOTAL $2,078.00
City Council Page 4 June 11, 2024
D. URBAN FUTURES, INC.
Continuing Disclosure Service Fees
Invoice #CD-2022-066
Water Revenue Bonds, Series 2006C
Water Revenue Bonds, Series 2012 $2,605.00
E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
April 2024 Invoice #AR115017 $2,562.71
F. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
2024 1st Quarter Report
Invoice #2235499 $2,104.00
1.3. Resolutions
A. RESOLUTION NO. 24-14
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING DESTRUCTION OF
CERTAIN FINANCIAL RECORDS,
DOCUMENTS, INSTRUMENTS,
BOOKS, AND PAPERS
This resolution authorizes the destruction
of certain financial records, documents,
instruments, books and papers, in
accordance with the California
Government Code.
B. RESOLUTION NO. 24-15
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING PARTICIPATION IN
THE SAN JOAQUIN REGIONAL
HOUSING FUND ON BEHALF OF
THE SAN JOAQUIN COUNTY
MEMBER AGENCIES
This resolution approves participation in
the San Joaquin Regional Housing Fund
administered by San Joaquin Council of
Governments Board of Directors in order
to improve the region’s opportunities for
State and Federal grants.
City Council Page 5 June 11, 2024
C. RESOLUTION NO. 24-16
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING THE CITY
ENGINEER'S PRELIMINARY
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 DECLARING ITS
INTENTION TO LEVY AND
COLLECT THE ANNUAL
ASSESSMENTS FOR THE
MAINTENANCE OF CERTAIN
IMPROVEMENTS PREVIOUSLY
APPROVED BY THE CITY
COUNCIL AS A PART OF THE
FORMATION OF SAID
ASSESSMENT DISTRICTS AND
SETTING A TIME AND PLACE FOR
A PUBLIC HEARING THEREON.
This resolution approves the City
Engineer's preliminary annual report for
the City of Ripon’s ten Assessment
Districts and sets the time and place of
the public hearing for July 9, 2024 in the
City of Ripon City Council Chambers.
City Council Page 6 June 11, 2024
D. RESOLUTION NO. 24-17
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING THE CITY
ENGINEER'S PRELIMINARY
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
DECLARING ITS INTENTION TO
LEVY AND COLLECT THE
ANNUAL ASSESSMENTS FOR THE
MAINTENANCE OF CERTAIN
IMPROVEMENTS PREVIOUSLY
APPROVED BY THE CITY
COUNCIL AS A PART OF THE
FORMATION OF SAID
ASSESSMENT DISTRICT AND
SETTING A TIME AND PLACE FOR
A PUBLIC HEARING THEREON.
This resolution approves the City
Engineer's preliminary annual report for
the City of Ripon Lighting District and
sets the time and place of the public
hearing for July 9, 2024 in the City of
Ripon City Council Chambers.
E. RESOLUTION NO. 24-18
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE
PARTICIPATION AND
ALLOCATION OF FUNDING FOR
THE REGIONAL EARLY ACTION
PLANNING 2.0 GRANT FUNDS
AWARDED TO SAN JOAQUIN
COUNCIL OF GOVERNMENTS ON
BEHALF OF THE SAN JOAQUIN
COUNTY MEMBER AGENCIES
This resolution authorizes the City
Administrator, or his designee, to apply
to the San Joaquin Council of
Governments (SJCOG) for Regional
Early Action Planning 2.0 Grant Program
funds in the amount of $300,000 to be
used for the construction of infrastructure
to support planned affordable housing
projects within the downtown district
and, if awarded, authorize the City
Administrator to execute the agreement
with SJCOG.
City Council Page 7 June 11, 2024
F. RESOLUTION NO. 24-19
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON,
CALIFORNIA CALLING AND
GIVING NOTICE OF THE
HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER
5, 2024, FOR THE ELECTION OF
CERTAIN OFFICERS OF THE CITY;
REQUESTING THE SAN JOAQUIN
BOARD OF SUPERVISORS TO
CONSOLIDATE A GENERAL
MUNICIPAL ELECTION WITH THE
STATEWIDE GENERAL
ELECTION; ADOPTING
REGULATIONS PERTAINING TO
CANDIDATES' STATEMENTS;
DETERMINING THAT NO FILING
FEE WILL BE CHARGED FOR THE
PROCESSING OF NOMINATION
PAPERS; REQUESTING THE SAN
JOAQUIN COUNTY BOARD OF
SUPERVISORS TO RENDER
SPECIFIED SERVICES RELATING
TO THE GENERAL MUNICIPAL
ELECTION; ADOPTING A
PROCEDURE FOR THE
RESOLUTION OF A TIE VOTE;
AND PROVIDING FOR THE
APPOINTMENT TO THE OFFICES
OF THIS CITY THAT WERE TO BE
ELECTED TUESDAY, NOVEMBER
5, 2024 OF THE PERSONS WHO
HAVE BEEN NOMINATED IF
THERE ARE NOT MORE
CANDIDATES THAN OFFICES TO
BE ELECTED AS REQUIRED BY
THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW
CITIES
This resolution gives notice that the
General Municipal Election will be held
on November 5, 2024 for three City
Council seats with four-year terms. All
persons interested in running for City
Council should contact the City Clerk by
the close of business on August 8, 2024.
City Council Page 8 June 11, 2024
G. RESOLUTION NO. 24-20
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE FEDERAL
FUNDING UNDER FTA SECTION
5311 (49 U.S.C. SECTION 5311)
AND/OR 5339 (49 U.S.C. SECTION
5339) WITH CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
This resolution approves the submission
of Federal Transit Administration
Sections 5311 and 5339 applications to
the California Department of
Transportation for funds to operate the
Blossom Express transit service and
purchase of a 9-person CNG bus.
1.4. Miscellaneous Items
A. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.
Change Order No. 12
Approve Change Order No. 12 for
corner guards and the installation of
address signage not shown in the
original contract drawings in the not to
exceed amount of $1,919 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).
B. LEASE AGREEMENT
Clara Azevedo Farms, LLC Approve and authorize the Mayor to sign the Lease Agreement with Clara
Azevedo Farms, LLC for the property
located at 15151 E. River Road (APN:
245-180-27).
C. SERVICE AGREEMENT
Jocelyn E. Roland, Ph.D Approve and authorize the Mayor to sign the annual agreement with Jocelyn
E. Roland, Ph.D. that makes available
counseling services to the Police
Department employees in the amount of
$6,000 (funding source: General Fund).
D. EMPLOYMENT PRACTICES LIABILITY INSURANCE RENEWAL
DiBuduo & DeFendis Insurance Brokers Approve the continued use of DiBuduo & DeFendis to provide Employment
Practices Liability Insurance and
authorize staff to proceed with payment
when the invoice is received for fiscal
year 2024-25.
City Council Page 9 June 11, 2024
E. 2024 LOCAL AGENCY BIENNIAL NOTICE
Conflict of Interest Code Approve the 2024 Local Agency Biennial Notice confirming the City’s
Conflict of Interest Code and authorize
the Mayor to execute the document in
accordance with the requirements of the
Political Reform Act.
F. POET LAUREATE PROGRAM GRANT FUNDING REQUEST
Ripon Arts League Approve and authorize the Mayor to
administer the first installment ($5,000)
of the Poet Laureate grant money to the
Ripon Arts League in accordance with
the Memorandum of Understanding.
G. FLEET MAINTENANCE FACILITY FURNITURE PURCHASE
Warden's Approve the purchase of furniture to be
installed inside the break room,
conference room and office of the Fleet
Maintenance Facility in the not to
exceed amount of $41,443.88 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).
H. INTERAGENCY AGREEMENT (2012-022-S_AMD 7)
San Joaquin Regional Transit District Approve and authorize the Mayor to sign the seventh amendment to the
Interagency Agreement with San
Joaquin Regional Transit District,
extending the agreement through June
30, 2025, at the rates outlined in the
Amendment, to provide a driver
necessary to operate Ripon's Blossom
Express transit service.
I. PROFESSIONAL SERVICES AGREEMENT
John Andoh Approve and authorize the Mayor to
sign the Professional Services
Agreement with John Andoh to provide
public transit technical assistance at the
direction of the City Engineer in the not
to exceed amount of $25,000 per fiscal
year of the 2-year contract term (funding
source: Local Transportation Fund -
Transit).
City Council Page 10 June 11, 2024
J. PROFESSIONAL SERVICES AGREEMENT
Adams Ashby Group, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with Adams Ashby Group,
Inc. to provide labor compliance
consulting services for the Senior Center
Rehabilitation Project in the not to
exceed amount of $10,500 (funding
source: Parks & Recreation General
Capital Fund).
K. PROFESSIONAL SERVICES AGREEMENT
BaseCamp Environmental, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with BaseCamp
Environmental, Inc. to provide on-call
environmental consulting services for
small capital projects, grant
applications, or maintenance projects in
the not to exceed amount of $25,000
(funding source: varies by construction
project funding source).
L. FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
Law Office of Thomas H. Terpstra Approve and authorize the Mayor to sign the First Amendment to the
Agreement with the Law Office of
Thomas H. Terpstra providing legal
services for the City of Ripon.
M. PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 1
Stantec Consulting Services, Inc. Approve and authorize the Mayor to sign Amendment No. 1 to the
Professional Services Agreement with
Stantec Consulting Services, Inc. for
additional funds needed in order to
evaluate the feasibility of installing a
new well at the existing Well 9 site in
the not to exceed amount of $105,776
(funding source: Water Enterprise
Capital Fund).
City Council Page 11 June 11, 2024
N. INTERACTIVE FOUNTAIN ELECTRICAL REPLACEMENT - MISTLIN
SPORTS PARK
Grossi Electric Inc. Approve and authorize the Mayor to sign the contract with Grossi Electric
Inc. to replace the electrical components
of the Interactive Fountain at the Mistlin
Sports Park that have been damaged
beyond repair in the amount of
$21,503.53 (funding source: Parks and
Recreation General Capital Fund).
O. STOCKTON AVENUE DOWNTOWN PARKING LOT MAINTENANCE
Earth Shelter Developers Approve and authorize the Mayor to sign the contract with Earth Shelter
Developers to repair the displacement of
pavers at the Stockton Avenue
downtown parking lot in the amount of
$27,874 (funding source: Street and
Road Operating Fund).
P. PROCLAMATION
Ripon High School Present a proclamation to Ripon High
School recognizing its outstanding
athletic accomplishments.
ITEMS PULLED FROM CONSENT
1.2A : LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
$9,292.50
$1,095.46
$2,550.00
TOTAL $12,937.96
City Clerk Roos said staff received a revised invoice for General Matters from the Law Office of Thomas H. Terpstra, that invoice changed from $9,292.50 to $8,260.00 for a revised total amount due of $11,905.46.
Motion to approve Item 1.2A Law Office of Thomas H. Terpstra invoice.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
**END OF CONSENT CALENDAR**
City Council Page 12 June 11, 2024
PRESENTATION OF PROCLAMATION
Mayor Zuber presented a proclamation to Rod Wright, Athletic Director for Ripon High School, in recognition for its outstanding athletic accomplishments.
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. FISCAL YEAR 2024-2025 BUDGET
This is a public hearing for the proposed
Fiscal Year 2024-2025 Budget.
City Administrator Werner said the budget process starts with the Strategic Planning Meeting to allocate resources to align with Council's priorities. The process then continues with a workshop, public hearing and will conclude with a resolution accepting the budget at the July 2024 meeting.
Werner said the City’s Operating Budget for 2024-25 is $27.2 million. He summarized the City’s budget allocation saying that salaries and burden (insurance and retirement) comprise about 55% of the City's budget. He said the rest of the budget is allocated between operational costs, overhead and redevelopment obligations.
Werner discussed staffing levels from 2008 to present. He said that due to the rising cost of outsourcing concrete and asphalt repairs staff is proposing one new position in public works to enable the City to self-perform concrete and asphalt repairs. This will save the City approximately $58,000 per year.
Werner described the two retirement accounts the City has and who participates in each one of those, plus the estimated costs for 2024-25. He said the City’s CalPERS liabilities have risen significantly and are projected to increase to more than $800,000 in 2025-26.
The City has invested funds in a 115 Trust, which has a 13.2% rate of return. This 115 trust will be a tool in the future to mitigate the PERS liabilities. Funds in this account are only allowed to pay down CalPERS liabilities.
Werner reviewed the health and welfare expenses and investment returns.
Werner discussed the General Fund including trends regarding revenue, sales tax, fuel tax, Mistlin Sports Park and other organizations. He said the City receives a number of requests each year from organizations. These requests include maintaining and staffing the Senior Center, maintaining the library and additional staffing hours, and half of the operating expenses of the Aquatic Center, among other items.
Werner moved onto the Streets and Road Fund and said there are two upcoming Street and Road Capital projects in the 2024-25 budget: a 3-layer system between Vera and Jack Tone and an overlay on River Road.
City Council Page 13 June 11, 2024
Werner quickly summarized the Enterprise Funds and Lighting and Landscaping Districts funds’ 2024-25 budget.
Werner said capital improvement projects for 2024-25 include the rehabilitation of Well 9 and the reconstruction of the Community Center parking lot, baseball fields and tennis courts.
Werner ended by showing a slide summarizing the debt of the City, both internal and external, and their respective maturity dates.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
3. DISCUSSION ITEMS
A. RIPON CONSOLIDATED FIRE DISTRICT'S 2024 PROPERTY OWNER
ASSESSMENT BALLOTS
Discussion/Action City Council to provide direction to staff regarding the City’s response to the
property owner ballots received from the
Ripon Consolidated Fire District’s
proposed assessment for enhanced fire
suppression services for all City owned
properties.
City Administrator Werner said the Ripon Consolidated Fire District has been working through a Proposition 218 process to increase their funding. He said that Council had approved a Memorandum of Understanding on October 21, 2021 to support the Fire District in this process. He said the Engineer's report has been completed and accepted by the Fire District. He said the City has received 85 ballots for the City owned parcels with a total amount of assessment for the 2024 year is $12,956.70.
Vice Mayor de Graaf said he wanted to express his support for the proposed property tax increase.
de Graaf asked City Attorney Terpstra for clarity on whether the City, or public agencies, are obligated to pay the fees or if the City’s share is to be divided among property owners. Terpstra said he will look into it.
Council Member Restuccia said he supports the proposed assessment. He said he is concerned that if Ripon’s Insurance Services Office fire safety-rating declines, insurance premiums will go up. He feels that insurance premium increases will cost people the same amount of money as the proposed assessment.
City Council Page 14 June 11, 2024
Council Member Barton said he also supports the proposed assessment and feels this is critical to the ongoing performance of the Fire Department.
Council Member Uecker said the ambulance service from the Ripon Fire Department is a huge benefit.
Werner asked when new ballots are coming out and when they are due back to the Fire District.
Fire Chief DeHart said the Fire District is currently proofing the replacement ballots. He said he is unsure when the new ballots will go out to the public but should be out to property owners by June 25, 2024 and are due August 8, 2024.
DeHart said the ballots are weighted with each dollar in proposed assessment equaling one vote.
Motion to vote yes on all 85 property ballots to support the Ripon Consolidated Fire Suppression services.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
REPORTS
Department Heads:
Police Chief Sauer said the Police Department is hosting the Explorer challenge at the Ripon High School June 21-23.
Recreation Director Stevens said the Baseball/Softball and T-Ball season is wrapping up and summer camps have started.
Stevens said Jungle Cruise will be shown during Movies in the Park on July 12, 2024.
Planning Director Zuidervaart said there is a Planning Commission meeting on June 17, 2024.
He said there is a public hearing for the right-of-way abandonment of Maple Avenue.
Zuidervaart said the battery storage applicants submitted their final plume report and staff is reviewing it.
Public Works Director Pease said May water usage was down 25% from 2013 numbers and up 1% from last year’s numbers.
Pease said residents are able to register for the Large Item Pick-Up program online.
City Council Page 15 June 11, 2024
City Council:
Council Member Restuccia said he wanted to congratulate the new County Administrator, Sandy Regalo, who also lives in Ripon. He said she is the second County Administrator hired from Ripon, the first being Manual Lopez.
Restuccia said he attended the grand opening of Quick Quack car wash. It turned out very nice and they have great people and service.
Council Member Barton thanked Chief DeHart and others that attended the meeting tonight.
Vice Mayor de Graaf said he wanted to thank everyone for attending the meeting. de Graaf said he wanted to congratulate Proclamation recipients from Ripon High School on their accomplishments.
Mayor Zuber said the Recycling Center is in the process of reorganizing. He said all of the schools have pulled out due to lack of volunteers and City employees are being utilized to run the program. He said the hours are still the same and it is still open.
There being no further business, the meeting was adjourned at 7:08 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk