Ripon City Council Minutes
TUESDAY, NOVEMBER 12, 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 – 3 cases.
Return to open session.
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.
INVOCATION:
Pastor Phil Krygsheld 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 November 12, 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, Suzanne Fisher, Steven Verver, Emil Guillermo, Kelly Donohue, Phil Krygsheld.
PUBLIC DISCUSSION:
Suzanne Fisher, Ripon Arts League, introduced Poet Laureate Emil Guillermo.
Emil Guillermo introduced himself as the new Poet Laureate and said he is honored to be here.
He said he had written three short poems dedicated to the Veterans of Ripon and proceeded to read them.
Mayor Zuber said he wanted to thank the Ripon Arts League and those who served on the Poet Laureate search committee and he is looking forward to seeing Mr. Guillermo in the future.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of October 8, 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 - OCT 8, 2024 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Barton requested Item 1.3A 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 November 12, 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
(October 2023 $350,561.45)
FY 2024-25 YTD: $1,552,900
FY 2023-24 YTD: $1,532,138
Highway Users Tax
(September 2023 $41,502.35)
FY 2024-25 YTD: $130,486
FY 2023-24 YTD: $123,195
SB1 Street & Road Tax
(October 2023 $33,871.19)
FY 2024-25 YTD: $144,519
FY 2023-24 YTD: $129,954
$297,562.84
$43,668.04
$36,556.14
TOTAL $377,787.02
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
October 2024 $1,305.31
C. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – September 2024 $16,504.74
1.2. Bills, Invoices, Payments
A. BASECAMP ENVIRONMENTAL, INC.
South County Water Connection Project
Progress Payment – Invoice #52667
Progress Payment – Invoice #52691
Colony and Hoff Development Project
Invoice #52336
$1,536.25
$1,418.75
$725.00
TOTAL $3,680.00
B. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
September 2024 Invoice #AR115124 $2,199.49
City Council Page 4 November 12, 2024
C. AMERICAN PAVEMENT SYSTEMS, INC.
South of Main Street Resurfacing Project
Progress Payment – Invoice #4 $126,183.75
D. ADAMS ASHBY GROUP, INC.
Senior Center Rehabilitation Project
Progress Payment – Invoice #6222 $2,500.00
E. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Golf Course Lease
Private Development
$14,950.00
$487.50
$318.75
TOTAL $15,756.25
F. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #34255 $13,660.00
G. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
3rd Quarter 2024 - Invoice #Ripon 2024Q3 $6,285.71
H. TRIPLE M ENTERPRISE, INC.
Percolation Pond Project
Invoice #2024-21 $57,240.00
I. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #30756 $425.00
J. ALLEN A. WAGGONER CONSTRUCTION, INC.
Third Street Emergency Water Pipeline Repair
Invoice #3051 $219,961.00
K. CALIFORNIA CAD SOLUTIONS, INC.
GIS Software Module - Public Works Valve Exercising
Invoice #701774 $11,000.00
1.3. Resolutions
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
City Council Page 5 November 12, 2024
1.4. Miscellaneous Items
A. FIRST AMENDMENT OF LICENSE AGREEMENT
Registrar of Voters Approve and authorize the Mayor to
sign the First Amendment of the License
Agreement with the San Joaquin County
Registrar of Voters to include the right
to access and use City property for the
operation and maintenance of a
surveillance camera system near the
permanent ballot drop box outside City
Hall.
B. MEASURE K COOPERATIVE AGREEMENT (C-24-003 A1) FIRST
AMENDMENT
San Joaquin Council of Governments Approve and authorize the Mayor to sign the First Amendment to the
Measure K Renewal Cooperative
Agreement (C-24-003 A1) that increases
the Blossom Express operations budget
to $500,779 and the Measure K
Renewal Transit funding to $214,762.48
over a four-year period from July 1,
2023 through June 30, 2027.
C. MEASURE K COOPERATIVE AGREEMENT (C-22-028 A1) FIRST
AMENDMENT
San Joaquin Council of Governments Approve and authorize the Mayor to sign the First Amendment to the
Measure K Renewal Cooperative
Agreement No. (C-22-028 A1)
extending the term to June 30, 2026 for
the Measure K Renewal Smart Growth
Incentive Program grant reimbursement
that was awarded for the Ripon Safe
Routes to School Improvements Project.
D. SB 125 TRANSIT FUNDS TRANSFER AGREEMENT (C-25-021)
San Joaquin Council of Governments Approve and authorize the Mayor to sign the Fund Transfer Agreement (C25-021) in order to receive SB 125 transit funding to mitigate Blossom
Express operational financial shortfalls
attributable to the Covid-19 pandemic.
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E. SOUTH OF MAIN RESURFACING PROJECT
American Pavement Systems, Inc.
Change Order No. 2
Approve Change Order No. 2 for
removal and replacement of striping on
South Highland Avenue and Canal
Boulevard, in the not to exceed amount
of $85,431.50 (funding source: Street &
Road Operating Fund).
F. QUARTERLY INVESTMENT REPORT REVIEW
July 1, 2024 - September 30, 2024 Accept the City’s quarterly investment report for the period ending September
30, 2024.
G. WATER CAPACITY FEE STUDY REIMBURSEMENT AGREEMENT
South San Joaquin Irrigation District Approve and authorize the Mayor to sign the Reimbursement Agreement for
the cost of a consultant to prepare a
Water Capacity Fee Study in the amount
of $35,900 (funding source: AB1600
Water Fund).
H. SENIOR CENTER REHABILITATION PROJECT
Estate Design and Construction, Inc. Award the contract for the Senior Center Rehabilitation Project to Estate Design
and Construction, Inc. in the amount of
$348,000 and authorize staff to proceed
(funding source: Community
Development Block Grant funds).
I. CORPORATION YARD SCADA EQUIPMENT RELOCATION
Tesco Controls Approve the quote from Tesco Controls
to relocate the SCADA equipment to the
new Corporation Yard in the not to
exceed amount of $34,090 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).
ITEMS PULLED FROM CONSENT
RESOLUTION NO. 24-42
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING THE CITY'S ALCOHOL
AND DRUG USE POLICY
This resolution amends the City of Ripon’s
Alcohol and Drug Use Policy to comply
with Federal Transit Administration
Alcohol and Drug regulations.
City Council Page 7 November 12, 2024
Council Member Barton said he had a question about the difference between the proposed policy for the City of Ripon and the Federal Transit Administration (FTA) policy regarding random drug testing and how it compares with the City's current policy.
City Clerk Roos said the City of Ripon’s general employees are not subject to random testing, just reasonable suspicion, but Public Works employees who hold Class B licenses participate in quarterly random drug testing and the same will apply to transit employees.
Motion to approve Resolution 24-42 amending the City of Ripon’s Alcohol and Drug Use Policy to comply with Federal Transit Administration (FTA) Alcohol and Drug regulations.
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**
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. DEVELOPMENT AGREEMENT - ANNUAL REVIEW (2024)
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
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Council Member Barton asked for an update on the remaining open parcel at the corner of North Ripon and River Road. Zuidervaart said staff has not received any development applications for that parcel at this time.
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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: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
3. ORDINANCES
Second Reading and Adoption
A. ORDINANCE NO. 929
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 8.16
"NUISANCE" OF THE RIPON
MUNICIPAL CODE
This Ordinance amends Chapter 8.16
"Nuisance" to provide a more streamlined
process to deal with weeds, rubbish, and
other property maintenance standards
within the City of Ripon.
Planning Director Zuidervaart said this is the second reading and adoption of Ordinance 929, and there were no changes from first reading to second reading.
Motion to waive the second reading and adopt Ordinance 929 amending Chapter 8.16 "Nuisance" to provide a more streamlined process to deal with weeds, rubbish, and other property maintenance standards within the City of Ripon.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
4. DISCUSSION ITEMS
A. FINANCIAL AUDITS - FISCAL YEAR 2023-2024
Discussion/No Action Price Paige & Company has completed the audit of the City of Ripon’s Financial
Statements and the Money Purchase Thrift
Pension Plan for the fiscal year ending
June 30, 2024. Resolutions will be
presented in December for City Council
acceptance.
City Clerk Roos said the audits for the City of Ripon and the Money Purchase Thrift Pension Plan for the fiscal year ended June 30, 2024 have been completed by Price Paige & Company.
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Roos said these audits are completed to fulfill requirements place on us by State agencies and our bonding agencies. She said the City uses an independent third party audit firm to ensure we are in compliance with the laws and regulations. The City of Ripon audit is a combination of all of the finances of the City.
Roos said she provided a staff report in the City Council packet that gives a high-level financial summary of the fiscal year ending June 30, 2024.
Roos said there is no action required tonight and resolutions to accept these audits will be on the Consent Calendar of our December meeting.
B. SSJID SURFACE WATER CONNECTION PROJECT UPDATE
Discussion/No Action Staff to present an update regarding the South San Joaquin Irrigation District
Surface Water Connection Project.
City Administrator Werner said the City is exploring the possibility of connecting to the South San Joaquin Irrigation District (SSJID) South County Water Connection Project to supplement its existing groundwater wells with treated surface water, providing longterm benefits like groundwater conservation and reduced demand on the aquifer. He said Ripon did not join the project initially but is now seeking to receive treated water during non-peak, non-summer months.
Werner said the South County Water Supply transmission main is located at Five Corners, about five miles from Ripon, and connecting to it will require constructing a nearly five-mile pipeline and a booster pump station. He said the City has secured a $3.8 million grant through the EPA Community Grants Program to help offset some of the construction costs.
Werner said in order to meet the grant requirements, the City hired a consultant to complete environmental assessments under both CEQA and NEPA. He said the CEQA study has cleared the right-of-way along Jack Tone Road for the pipeline and two potential sites for the booster station at Five Corners and Mistlin Sports Park. Werner said the draft study has resulted in a mitigated negative declaration, meaning minimal environmental impacts, and will be available for public review starting November 14, 2024 for 30 days.
Werner said once public comments are reviewed, staff will look to bring it back to the Council for discussion in January 2025. He said the consultant is working to complete the environmental documentation for the NEPA study, which the City expects to submit to the EPA by May 2025. He said the timeline for EPA review is still unclear.
Werner said that as the environmental work progresses, staff is working on other project tasks, including negotiating an updated operating agreement with SSJID and participating cities, finalizing the project design, and cost estimate. He said there is currently an City Council Page 10 November 12, 2024
anticipated unfunded portion of the project of around $8.8 million. Werner said staff is exploring how to fund that gap and considering the impacts to utility rates for this project.
Council Member Barton asked if Werner has any ideas on how the City is going to fund the $8.8 million deficit.
Werner said staff is pursuing another earmark for the pump station through the EPA and that staff has been working with the EPA and Congressman Harder’s office to see if we could split the project into phases. He said another option is a bond to fund the construction.
Vice Mayor de Graaf said he finds it hard to believe there would be a huge environmental impact from going down an already developed right-of-way and said he wonders what the mitigation measures would be.
Werner said he does not recall anything significant and most of the area has already been disturbed in one way or another, so the environmental issues to mitigate should be minimal.
REPORTS
Department Heads:
Planning Director Zuidervaart said there will not be a Planning Commission meeting in November.
Public Works Director Pease said the Annual Brush Pick-Up Program started October 15 and will run through January 7.
Pease said the City has moved to a one-day a week watering schedule.
Pease said October water usage was up 11% from last year’s numbers.
City Council:
Council Member Barton said at the October meeting there were a few modifications to be made to the Jack Tone Golf Lease Agreement and asked if that had been completed. City Administrator Werner confirmed the changes had been made and the agreement had been signed.
Council Member Restuccia said the Veterans Day event turned out wonderful and that it had started to rain just as they were leaving.
Barton provided a brief history of Thanksgiving and said that even though America has come through a contentious election period, we once again, have the opportunity to give thanks. He said he believes it is a beautiful American holiday in that, regardless of our background, creed, or religion, we all get to enjoy it together and he wished everyone a Happy Thanksgiving.
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Vice Mayor de Graaf echoed Barton’s comments and thanked everyone for attending. He said he was unable to attend the Veterans Day event but is thankful for our veterans and the opportunity to celebrate their service on Veterans Day.
Mayor Zuber said there are a lot of people who are still watering on the summer schedule. He said there has not been a single Tuesday, Wednesday, or Thursday when he has not seen someone watering and wants to confirm the Water Conservation Coordinator is out. Pease confirmed.
There being no further business, the meeting was adjourned at 6:32 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk