Ripon City Council Minutes
TUESDAY, AUGUST 13, 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 (via phone), 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 – 3 cases.
Return to open session.
Deputy City Attorney Terpstra said Council met in closed session to discuss pending 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.
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, Deputy City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, 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, Jan Nowak, Al and Helen Caetano, Jan and Charlotte DeSelle, Vince Hobbs, Lauren Morte, Don Douma, Kelly Bollinger, Greg Caligaro, Peggy, O’Donnell, Michael Musca.
City Council Page 2 August 13, 2024
PUBLIC DISCUSSION:
On behalf of the public, City Clerk Roos read the following public comment received via email:
Marty Harris said he had a few concerns regarding the City of Ripon 6th Cycle Housing Element Draft Update. He said he feels the suggested environmental constraints understate the potential for downstream impacts and backwater effects to Ripon properties as well as the advancing sedimentation along the river channel causing reduced flow capacity. He said he believes this will put an increased strain on the levees and increase the potential for flooding to South Manteca and beyond.
Harris said he would like the Council to consider drainage impacts to the Stanislaus River as well as associated high channel flow volume impacts to the San Joaquin River and other down gradient properties.
Harris said he would like Council to consider identifying open space properties to collect and store storm water or excess South San Joaquin Irrigation District unutilized irrigation delivery and tail water.
Harris said he believes the Lathrop City River Islands total water management plan appears to be an appropriate local development plan model to follow.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of July 9, 2024 and the Special City Council Meeting of July 19, 2024.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1. CITY COUNCIL - REGULAR MEETING - JUL 9, 2024 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - JUL 19, 2024 11:00 AM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
City Administrator Werner requested Item 1.3A be pulled from the Consent Calendar for discussion.
Council Member Barton 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: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 3 August 13, 2024
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(July 2023 $379,453.36)
FY 2024-25 YTD: $345,645
FY 2023-24 YTD: $379,453
Highway Users Tax
(June 2023 $35,572.10)
FY 2023-24 YTD: $440,944
FY 2022-23 YTD: $408,208
SB1 Street & Road Tax
(July 2023 $32,004.33)
FY 2024-25 YTD: $33,258
FY 2023-24 YTD: $32,004
$345,645.29
$38,210.74
$33,257.82
TOTAL $417,113.85
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
July 2024 $1,305.31
C. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – June 2024 $15,040.42
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment
June 2024
$4,298.89
1.2. Bills, Invoices, Payments
A. SAN JOAQUIN PARTNERSHIP
Annual Membership Fee - Invoice #11139 $5,000.00
B. DE NOVO PLANNING GROUP
City of Ripon 6th Cycle Housing Element
Progress Payment – Invoice #4335 $35,930.00
City Council Page 4 August 13, 2024
C. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
2024 2nd Quarter Report
Invoice #2255526 $2,104.00
D. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
June 2024 Invoice #AR115052 $2,121.75
E. BASECAMP ENVIRONMENTAL, INC.
South County Water Project
Progress Payment – Invoice #52520 $5,243.15
Electrical Vehicle (EV) Charging Station
Progress Payment – Invoice #52526 $5,008.75
TOTAL $10,251.90
F. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #33793 $3,330.00
G. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
2nd Quarter 2024 - Invoice #2024Q2 $10,411.78
H. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
$5,660.00
$940.00
$4,547.50
TOTAL $11,147.50
I. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #63684 $3,272.50
J. RIPON CONSOLIDATED FIRE DISTRICT
Proposition 218 Ballot Measure Mailing Costs
Invoice #423 $3,984.08
K. PATRICK CLARK CONSULTING
Professional Services – Labor Relations
Invoice #240706
Invoice #240806
$2,500.00
$875.00
TOTAL: $3,375.00
L. JOHN ANDOH
Transit Consulting Services
Progress Payment – Invoice #24-01 $2,250.00
City Council Page 5 August 13, 2024
M. AMERICAN PAVEMENT SYSTEMS, INC.
South of Main Street Resurfacing Project
Progress Payment – Invoice #1 $224,736.27
N. ASPEN SURVEY COMPANY, INC.
General Land Surveying Services
Progress Payment – Invoice #22-041-1
Progress Payment – Invoice #24-035-1
$10,127.50
$791.25
TOTAL $10,918.75
O. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment - Invoice #02437 $2,095.00
P. LDA
Fleet Maintenance Facility Construction Management Services Progress Payment – Invoice #34/622-03-20 $382.50
Q. CALIFORNIA CAD SOLUTIONS, INC.
Annual Geographical Information System Payment
Invoice #701742 $5,940.00
R. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #30331 $425.00
1.3. Resolutions
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. RESOLUTION NO. 24-31
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER
OF CERTAIN MUNICIPAL FUNDS
This resolution authorizes transfers of (1)
Enterprise Operating Funds to Enterprise
Capital Reserve Funds, (2) General Fund
to Landscape Maintenance Districts with
deficits, (3) General Fund to CNG Station
Capital Reserve Fund, and (4) General
Fund to PERS Contingency Fund for the
2023-2024 fiscal year.
C. RESOLUTION NO. 24-32
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AUTHORIZING THE TRANSFER
OF CERTAIN MUNICIPAL FUNDS
FOR STREET MAINTENANCE AND
REPAIRS
This resolution authorizes the transfer of
certain street and road revenue sources to
offset the fiscal year 2023-2024 expenses
of street and road maintenance and
repairs and transfer street and road
revenue to the Street and Road
Reconstruction Reserve fund.
City Council Page 6 August 13, 2024
1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT
CTE Cal, Inc. Approve and authorize the Mayor to
sign the Professional Services
Agreement with CTE Cal, Inc. to
provide construction material testing
and special inspection services for
capital projects in the not to exceed
amount of $30,000 (funding source:
varies by construction project funding
source).
B. PROFESSIONAL SERVICES AGREEMENT
Aspen Survey Company, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with Aspen Survey
Company, Inc. to provide general land
surveying services in the not to exceed
amount of $20,000 (funding source:
varies by project).
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. RECYCLING CENTER OPERATING AGREEMENT
Greater Valley Conservation Corps. Approve and authorize the Mayor to sign the Recycling Center Operating
Agreement between the City of Ripon
and the Greater Valley Conservation
Corps.
E. DELTA REGIONAL MONITORING PROGRAM
Storm Water General Permit Approve and authorize the annual payment of $5,150 to the Delta Regional
Monitoring Program for the City of
Ripon’s participation in this program, as
required by the City’s State Storm
Water Phase II General Permit.
F. CLAIM
Jennifer Hamilton Deny the claim filed by Jennifer
Hamilton.
G. ANNUAL INVESTMENT REPORT REVIEW
July 1, 2023 - June 30, 2024 Accept the City’s annual investment report for the period ending June 30,
2024.
City Council Page 7 August 13, 2024
H. FLEET MAINTENANCE FACILITY ELECTRONIC EQUIPMENT PURCHASE CDW-G Approve the purchase of electronic
equipment needed for the Fleet
Maintenance Facility in the not to
exceed amount of $9,228.03 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).
I. SENIOR CENTER REHABILITATION PROJECT
Diede Construction, Inc. Reject the bid from Diede Construction Inc. and authorize staff to re-bid the
project.
J. ACKNOWLEDGMENT OF DEVELOPMENT AGREEMENT - LENNAR
HOMES OF CALIFORNIA, LLC AND JEN HOLDCO 24 LLC
Meadowood Development Project Approve and authorize the Mayor to sign the Acknowledgement of
Development Agreement for Lennar
Homes of California, LLC and JEN
HOLDCO 24 LLC for the Meadowood
development project located between
Fulton Avenue and Goodwin Drive.
K. DEVELOPMENT AGREEMENT EXTENSION REQUEST
Meadowood Development Approve a one-year extension of the Meadowood Development Agreement
expiration date.
L. SUBDIVISION IMPROVEMENT AGREEMENT
Lennar Homes of California LLC Approve and authorize the Mayor to sign the Subdivison Improvement
Agreement between Lennar Homes of
California LLC and the City of Ripon.
M. RIFLE RATED SHIELD DONATION
McManis Family Vineyards Accept the donation from the McManis Family Vineyards to be used for the
purchase of a Paraclete Vanguard Level
III Rifle Rated Shield (donation:
$2,319.53).
City Council Page 8 August 13, 2024
ITEMS PULLED FROM CONSENT
RESOLUTION NO. 24-33
1.3A : A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING A GRANT DEED OF
CERTAIN REAL PROPERTY TO THE
CITY OF RIPON
This resolution accepts a Grant Deed by
Saundra Reeves and Jeramiah Reeves for
certain real property to the City of Ripon in
connection with the Picture Perfect
Grooming Project (124 N. Locust Ave) and
authorizes the Mayor to sign and execute
any and all documents necessary to
complete the aforementioned transaction.
City Administrator Werner said the incorrect address was listed in the resolution and staff report, but all other information is correct. He said the address should be 124 N. Locust Ave.
Motion to adopt Resolution 24-33 with the changes noted to the address accepting a Grant Deed by Saundra Reeves and Jeramiah Reeves for certain real property to the City of Ripon in connection with the Picture Perfect Grooming Project (124 N. Locust Ave) and authorize the Mayor to sign and execute any and all documents necessary to complete the aforementioned transaction.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.4C : SOUTH OF MAIN RESURFACING PROJECT
American Pavement Systems, Inc.
Change Order No. 1
Approve Change Order No. 1 for various
changes to the South of Main Resurfacing
Project contract documents along with the
reconstruction of Third Street, in the not to
exceed amount of $337,976.83 (funding
sources: Street & Road Operating Fund
and Street & Road Reconstruction Fund).
Council Member Barton asked why the change order amount is so high. City Administrator Werner said one of the major causes for the change order was Linda Avenue. He said the original proposal included a three-layer system, however, after further review it was decided that it would not work due to significant bumps in the roads. Staff and the contractor decided the northern half needed to be ground down and reconstructed.
Werner said the second large item on the change order is the reconstruction of Third Street. He said the Third Street reconstruction was not in the initial project, but because there will already be a crew coming out to do the grinding and reconstruction on Linda Avenue, staff thought it would best to maximize the efficiency of said crew and add Third Street to the plan. He said there is very little asphalt left on the street.
City Council Page 9 August 13, 2024
Werner said the Third Street change order will be deducted from the Street and Road Reconstruction Fund.
Council Member Restuccia said this change order is 20% of the total initial cost and asked how this will effect the project’s contingency fund. Werner said most projects have a 5% contingency fund. He said Third Street was not part of the project but it needs to be done.
Restuccia asked if staff is anticipating another project like Third Street to come up in this project. Werner said no.
Motion to approve Change Order No. 1 for various changes to the South of Main Resurfacing Project contract documents along with the reconstruction of Third Street.
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
DESIGNATING THE VOTING
DELEGATE TO THE LEAGUE OF
CALIFORNIA CITIES ANNUAL
CONFERENCE
Determine if any Council Member(s) will
be attending the annual conference in Long
Beach from October 16-18, 2024.
If Council Member(s) will be attending,
designate the voting delegate and alternate
voting delegate to attend the annual
business meeting being held on October 17,
2024.
(Conference cost: $700.00)
(Hotel cost per night: $275.00)
Mayor Zuber asked if anyone was interested in attending. Council declined to attend.
No action taken.
City Council Page 10 August 13, 2024
3. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. PLANNING APPLICATION FEE SCHEDULE UPDATE
RESOLUTION NO. 24-34
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RIPON
ESTABLISHING A REVISED
PLANNING APPLICATION FEE
SCHEDULE TO INCLUDE FOR-PROFIT
AND NON-PROFIT
DONATION/COLLECTION BIN
PERMITS AND RESCINDING ALL
PREVIOUS RESOLUTIONS IN
CONFLICT HEREWITH
This is a public hearing to consider the
Planning Agency Fee Schedule amendment
to add a fee for the processing of “ForProfit and Non-Profit Donation/Collection Bin” permits within the City of Ripon.
Recommended Action: Adopt the
resolution amending the Planning Agency
Fee schedule, which adds both “For-Profit
and Non-Profit Donation/Collection Bin
Permits” to the fee schedule.
Planning Director Zuidervaart said in early 2016 the City Council approved an ordinance to regulate the placement of Donation/Collection Bins within the City of Ripon. He said the City received a Grand Jury letter in 2016 regarding Donation Bins; in response, the City passed an ordinance regulating Donation Bins. He said staff received a request from an organization to place donation bins in the City and it was then that staff realized they had not updated the fee in the Planning Agency Fee Schedule.
Zuidervaart said this is a public hearing to consider the Planning Agency Fee Schedule amendment to add a fee for the processing of “For-Profit and Non-Profit Donation/Collection Bin” permits within the City of Ripon.
Zuidervaart said staff performed an analysis of the time and resources associated with the processing of such applications and determined that the processing of donation/collection bin permits would require the same resources as that of a minor site plan permit, which already exists on the Planning Department Fee Schedule. He said staff is proposing to set the application fee for donation/collection bin permits consistent with that of a minor site plan permit.
Zuidervaart said the fee associated with any “for-profit” organization would be $608 for each bin placement, while the fee for registered Ripon “non-profit” organizations would be $608 for each bin placement not located on the premises where they operate, or $304 (half) for each bin placement located on the premises where they operate.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
City Council Page 11 August 13, 2024
Motion to adopt Resolution 24-34 amending the Planning Agency Fee schedule to add both “For-Profit and Non-Profit Donation/Collection Bin Permits” to the fee schedule.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dean Uecker, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
4. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 928
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 17.16 "REAL
PROPERTY DEVELOPMENT FEES" OF
THE RIPON MUNICIPAL CODE
This ordinance amends Chapter 17.16 Real
Property Development Fees of the Ripon
Municipal Code providing updates to the
encroachment fee structure for utility
companies.
City Administrator Werner said Chapter 17.16 of the Ripon Municipal Code requires that any entity that applies for an encroachment permit to construct improvements within the public right-of-way to pay the City a fee equal to 7% of the value of construction. He said this fee is intended to cover the staff time to review the plans, perform inspections, and update the City GIS system with as-built information for any construction within the public right-of-way.
Werner explained that utility companies offering services such as electricity, natural gas, or telecommunications sometimes require an encroachment permit because they need to install their infrastructure within the public right-of-way in Ripon City limits. He said for the installation of a utility’s infrastructure, engineering staff does not review the plans or inspect the infrastructure owned by the utility company, such as the conduits and fiber optic cables that may be installed. He said there are no existing provisions within the Ripon Municipal Code that provides a different fee structure for the Plan Check Fee, Inspection Fee, or GIS Fee for utility companies.
Werner said staff is recommending that utility companies pay the Plan Check Fee, Inspection Fee, and GIS Fee as currently required in the Ripon Municipal Code, but exempt the cost of the utility’s infrastructure from the calculation.
Motion to waive the first reading and introduce Ordinance 928 amending Chapter
17.16 Real Property Development Fees of the Ripon Municipal Code providing updates to the encroachment fee structure for utility companies.
RESULT: FIRST READING [UNANIMOUS] Next: 9/10/2024 6:00 PM MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 12 August 13, 2024
5. DISCUSSION ITEMS
A. GRAND JURY REPORT NO. 0318 - SECOND LOOK: 2018-19 COLD CASES IN
SAN JOAQUIN COUNTY
Discussion/No Action Discuss response to Grand Jury Case No. 0318 for Superior Court of California,
County of San Joaquin regarding, " Second
Look: 2018-2019 San Joaquin County
Civil Grand Jury Report Cold Cases in San
Joaquin County: On the Back Burner" and
provide direction to staff.
This response must be returned to the
Grand Jury before September 23, 2024.
Police Chief Sauer said the 2023-24 San Joaquin County Grand Jury published “Second Look: 2018-2019 San Joaquin County Civil Grand Jury Report Cold Cases in San Joaquin County: On the Back Burner Case #0318”. He said the Grand Jury has made findings and recommendations to each entity within the County. He said in 2019, the San Joaquin County Civil Grand Jury released a similar report regarding “Cold Cases in San Joaquin County: On the Back Burner”. The recommendations were the same as this most recent report and the City of Ripon has already implemented these recommendations. He said the City of Ripon will continue to implement the recommendations made by the San Joaquin County Grand Jury and will join the recommended county wide Task Force as soon as it is created.
Council Member Restuccia asked if this is a blanket response from the Grand Jury or specific to Ripon. Sauer said it is a blanket response.
Mayor Zuber asked how many cold cases Ripon has. Sauer said Ripon has two cold cases and they are missing persons.
City Administrator Werner said tonight staff is looking from comments from Council and if there are no comments, the final draft of the response letter will come before Council at the next meeting for approval.
B. RIPON CONSOLIDATED FIRE DISTRICT PROPOSITION 218 UPDATE Discussion/No Action Staff to update the City Council on the results of the Fire District’s Proposition
218 Assessment election that is scheduled
for August 8th.
City Administrator Werner said the Ripon Consolidated Fire District (RCFD) is its own special district consisting of 56 square miles. He said they are governed by their own board and manage their own finances. He said the City started working with RCFD in 2020 to look for ways to help increase operating revenue for the Fire District. He said City Council Page 13 August 13, 2024
both the City and RCFD hired attorneys to discuss legal ways to do this, in addition to several meeting with the two-by-two committee and at the end of these lengthy consultations and meetings, the consensus was that a Prop 218 process would be the best option. He said in 2021 the City Council and RCFD signed a Memorandum of Understanding outlining each entities responsibilities, including the sharing of expenses for the Prop 218 process. He said the Prop 218 vote was completed on August 8, 2024.
The results were 54% ($336,000) voted no and 45% ($260,500) voted yes. He said the Prop 218 required 50% plus 1 of submitted ballots for approval.
Deputy City Attorney Terpstra said municipal finances are very complex and because of this, the City and RCFD both retained attorneys that specialize in municipal finance to advise them of the legality of a sales tax measure that would benefit the City and RCFD.
The attorneys both came back with the same opinion that it would not be legal to place a sales tax measure before the voters because RCFD does not have the authority to exercise the City’s taxing power and the City is not allowed to fund services it is not obligated to provide, which includes fire suppression and emergency medical services. He said there are rumors of other cities doing this, but it is likely that no person or entity has challenged those measures in court.
Terpstra explained that this is the time for the public to comment on this item, but there is a difference between commenting and debating. He encouraged people to use their five minutes for questions or comments, noting that if the Council does not respond, it is because they are simply receiving the input, not engaging in debate. He said this process encourages orderly processing of the City’s business.
Mayor Zuber opened the item for public discussion.
Don Bionaz said he appreciates the Council serving the City. He said he is not into politics but has been a business owner since 1997. He said he attended a RCFD meeting and learned that the City of Ripon only provides $64,000 to the RCFD in the form of a contract for Hazmat services. He believes this is not enough. He asked if RCFD was incorporated as a city fire department, would more money go to the Fire Department.
Bionaz said he would like to know how we can expand and figure out how the City can provide more money to the Fire Department.
Bionaz said one of the fire fighters is working 10 -14 days a month and while he may be volunteering for that assignment, he does not believe it is fair to his family. He said if this firefighter is on his 13th day in a row, and goes on a call tired, his risk of injury increases.
He said the attorney said there are limitations but there are all kinds of limitations. He called on the Council to find a way to do it. He said his question is how do we do that.
Vice Mayor de Graaf said the City and RCFD have worked closely together over the past 4 years to come up with a legal solution with the two-by-two committee and together the committee decided the Prop 218 process was the right solution. He said the Council is still committed to working with the Fire District to figure out what that looks like. de Graaf said everyone can agree that the solution needs to be legal and reliable for RCFD and the City. He said staff will work with RCFD to go over the results and figure out the next step. He said there is no solution that includes writing RCFD a check today.
City Council Page 14 August 13, 2024
Bionaz asked why the City cannot use their surplus funds to temporarily fund RCFD to help them get past their current financial difficulties.
Zuber asked Bionaz where he gets the idea that the City has surplus funds. Bionaz said it is just hearsay that he has heard.
Council Member Restuccia asked Werner to clarify the property tax revenue RCFD receives. Werner explained that RCFD, like other special districts, gets certain taxes by law, primarily relying on property tax. He noted that RCFD’s revenue is limited because when Prop 13 was passed in 1978, the district was frugal and now receives a smaller share of property tax revenue, about 4%-5%, compared to the 10% other districts receive.
He said another challenge is that the assessment approved by voters in 1985 was not indexed to account for inflation.
Bionaz asked if the City Council is doing something in the interim. Zuber said the Council has been working with them for four years and does not plan to stop now.
Bionaz asked what the Council is doing right now. Zuber reminded him it has only been 5 days since the Prop 218 did not pass.
Don Douma said he would like to know what the City would do if RCFD had to go bankrupt.
Zuber said he has not thought of that, but he is hoping to avoid that. Douma pushed for an answer asking what would happen if that was the only option to make this work in order for the City to obtain taxes and allocate them to RCFD. Zuber said if that happened then the City’s control would end at City limits, they could not serve the current district.
Restuccia said in order to go bankrupt RCFD would have to be overextended or have no revenue stream. He said they still have revenue, they may not be able to hire more people or raise salaries but they still have a revenue stream and for this reason they could not file bankruptcy. He said the City is trying to avoid anything like that and echoed Zuber’s remarks regarding the two-by-two committee meeting again and looking for another solution.
Douma asked what changes would have to be made in order to allow the City to provide financially for RCFD and cover the entire district and suggested a couple of scenarios.
Zuber said he would not get into conjecture but any fire service sponsored by the City of Ripon would legally end at City limits. He said there would have to be another entity in charge of the surrounding area.
Douma asked what the total given property tax amount collected per year and how it is dispersed. Werner said he does not have the numbers in front of him but could get back to him with the information.
Douma asked how much of the property tax collected goes to the Police Department.
Werner said this information is in the budget online and he would be happy to walk him through it.
City Council Page 15 August 13, 2024
On behalf of the public, City Clerk Roos read the following public comment received via email:
Carol Bauman-Gish said she understands that the essence of Prop 2018 is not the problem of the Council and that may be true up until today. She hopes it can become a shared one with the RCFD because vital tomorrows are urgent and are at hand. She said RCFD and the City of Ripon were established decades apart and independent of each other but now need each other to meet today's current cultural and community structure. She asked the Council to consider joining with RCFD for Ripon's mandatory health and safety.
Bauman-Gish said Ripon First Responders Day is an amazing appreciation expression of individuals, schools, and businesses community-wide. She asked if we will continue to walk Main Street the first Saturday in April in appreciation while the RCFD recipients of that appreciation are starving. She thanked the Council for sharing any interactive, creative, legal knowledge with RCFD for the benefit of Ripon's residents.
Stefanee Bartolotta said she has a grave concern that the Fire Department is not as wellfunded as it should be, especially with the large Bethany Home addition. She believes the addition of so many elderly people will create a risk for the City if adequate emergency services are not available. She said she would like the City to consider moving RCFD under the City’s jurisdiction in order to provide funding.
Zuber said they have looked at the possibility and can look further into it, but the City of Ripon cannot extend itself beyond the City limits.
Bartolotta said it is her understanding that it is becase RCFD is a consolidated district as opposed to being under the City. Zuber confirmed that the City would only be able to provide fire and emergency services within the City limits but the City is not considering that at the moment. The City is still committed to helping RCFD secure the funding they need and remain RCFD.
Al Caetano said he has heard that the ambulance service would be the first to go if RCFD does not receive the necessary funding. Caetano said he is not sure how many people have used the ambulance but it will be a sad day when Ripon loses its ambulance service increasing response times.
Zuber said he wanted to address the rumors that the City has reserves of $10 million that could be used to fund RCFD because it is not true. He explained the budget has an Operating Fund of $24 million. He said of the $24 million, $1.8 million is for water, sewer, and garbage, he said that money comes from the fees residents pay for those services and that money can only be spent on water, sewer and garbage expenses. He said $7.7 million is State restricted and the State mandates what it can be used for. He said $3.7 million is in contingency accounts for items such as sick leave payouts when someone retires as well as the City’s contributions to the cost of employee health care.
Zuber said the City has $6 million in unfunded PERS liability, in addition to what the City is paying on a regular basis. He said there is another fund is for natural disaster relief. He said those numbers add up to $14 million, leaving $10 million.
Zuber said of the remaining $10 million, $3 million goes to local street and roads and a lot of that money comes from money that is saved in other places. He said the City is City Council Page 16 August 13, 2024
finishing up a road repair project so that account is now down to $1 million. Zuber said the remaining $7 million is in a contingency fund. He pointed out that standard accounting practices suggest a city should have 25%-35% of their budget in a contingency fund in case something goes wrong as it has in the past.
Zuber said there is $35 million in the Capital Fund which is the fund the City uses to build infrastructure. He said $13 million of the Capital Fund is collected from new development and can only be spent on items related to development related growth; the City cannot spend that money anywhere else. He said $12 million is Enterprise Capital Fund which is water, sewer and garbage and is used for capital expenses such as drilling a new well, a new garbage truck or when a sewer line collapses and has to be fixed immediately. Zuber said that money can only be spent on water, sewer and garbage capital items.
Zuber said the last $10 million is dispersed into different accounts with each department having its own account to cover repair and replacement of capital items. He said Parks and Recreation has $3 million that will be used this year to redo the parking lot and the baseball fields at the Community Center. He said the City has a compressed natural gas station and the City keeps money reserved for the repair and upkeep of that station including replacing or repairing pumps or the tanks. He said Mistlin Sports Park also needs upkeep including replacing grass and equipment.
Zuber said the City collects mitigation fees that can only be used to address growth related expenses. He said the City used some of these fees, in addition to money the City had been saving, to construct the new corporation yard since the City had outgrown the old corporation yard.
Zuber said the $35 million is committed to the things that make this City a place we want to live. He said if we send the money someplace else, something in the City suffers.
Council Member Barton said he wanted to thank everyone for coming this evening. He said this is an issue that is central to everyone and he appreciates the RCFD employees.
Barton said the City Council unanimously voted yes to support the Prop 218 resolution for the properties owned by the City. He said he was surprised and disappointed by the results. He said there are very specific legal limitations in terms of RCFD’s jurisdiction and the City.
Barton said he hopes the people of the City of Ripon can take pride in the way the City handles their finances and he does not have to look very far for cities where business is not conducted in a conservative fashion and money is unavailable when it is needed.
Barton said he believes there is a solution to the RCFD funding issue, but he is not sure what it is right now.
Barton said he did not receive a ballot and heard others say they had not received a ballot either. He questioned the reason for the poor turnout saying there were 7,000, ballots sent but only 2,000 returned. He said RCFD needs to ask people why they voted no. de Graaf said he attended the RCFD meeting and it was requested by several people that City Council Page 17 August 13, 2024
this be put on the agenda for tonight. He said people often ask why the City or the Board is not doing something. He said no one attended the two-by-two meetings but instead went on social media to get information. He said the Council and staff appreciate the residents who attended tonight’s meeting and shared their opinion. He said the Council is committed to working with RCFD to find a solution.
REPORTS
Department Heads:
Chief Sauer said he wanted to thank the community for their support; National Night Out was very well attended.
Planning Director Zuidervaart said there is a Planning Commission meeting August regarding the battery storage project.
Public Works Director Pease said July water usage was down 15% from 2013 numbers and up 6% from last year’s number.
Pease said the Large Item Pick-Up Program will run through the end of September and residents can sign up online.
City Council:
Deputy City Attorney Terpstra said staff is coordinating meetings for the Code Enforcement Committee to equip the City’s Code Enforcement personnel with the tools they need to successfully enforce the City’s standards for weed abatement.
Vice Mayor de Graaf said he was out of town for National Night Out but he heard it was a success.
de Graaf thanked everyone for attending the meeting.
Council Member Restuccia said the water usage numbers reported by Public Works Director Pease are a mandated requirement of the State. He wants residents to understand that the City is required to monitor, limit and mandate water usage or face fines of $10,000 a day.
There being no further business, the meeting was adjourned at 7:06 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk