City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 11/12/2024
Subject: Alcohol and Drug Use Policy - Update
RECOMMENDED ACTION:
This resolution amends the City of Ripon’s Alcohol and Drug Use Policy to comply with Federal Transit Administration (FTA) Alcohol and Drug regulations.
BACKGROUND:
At the December 1, 1992 City Council meeting, Council adopted Resolution No. 92-82 which established an Alcohol and Drug Abuse Policy.
At the April 11, 2023 City Council meeting, Council adopted Resolution No. 23-14 updating the policy to comply with current laws.
DISCUSSION/ANALYSIS:
The City of Ripon has been designated as part of the Manteca Urbanized Area since 2007. As part of the 2020 Census, the City was removed from the Manteca Urbanized Area and is now a part of the Rural or Non-Urbanized Area. As a result, the City is now eligible to receive FTA Section 5311 funding as a sub-recipient through programming by San Joaquin Council of Governments (SJCOG) for transit services. As a sub-recipient of FTA 5311 funds, the City of Ripon is required to comply with FTA Alcohol and Drug regulations and develop a policy consistent with the Code of Federal Regulations rules as defined in 49 CFR Part 655, and in conjunction with 49 CFR Part 40.
The following changes are proposed to the April 11, 2023 Alcohol and Drug Use Policy:
Added paragraph XI – Federal Transit Administration Alcohol and Drug Regulations o This paragraph refers to Attachment A that was added to outline additional regulations for employees who drive or maintain transit vehicles, ensuring that these guidelines align with FTA alcohol and drug regulations, supplementing the existing City of Ripon’s policies for comprehensive safety and compliance. Added paragraph XII – Living Document
o The City of Ripon Alcohol and Drug Use Policy is a living document that shall be updated and modified to reflect the most current status of the City’s compliance efforts, including FTA requirements.
In addition to developing a policy, the City of Ripon is required to:
Distribute new, adopted policy to all FTA covered employees. Submit policy and resolution approving policy via FTA’s grant management software as evidence that the appropriate governing officials have approved the policy. FTA will review and concur or request additional information.
Submit copy of Policy to Caltrans.
Audit RTD's compliance with and alcohol and drug regulations annually by visiting their testing site, reviewing certifications and ensuring that their alcohol and drug policy is compliant with CFR Part 40 and Part 655.
FISCAL IMPACT:
None at this time.
Attachments:
1. Exhibit A_Alcohol and Drug Use Policy_2024.11
RESOLUTION NO. 24-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING THE CITY'S ALCOHOL AND DRUG USE
POLICY
WHEREAS, on December 1, 1992, the City of Ripon (“City”) Council adopted Resolution No. 92-82 adopting an Alcohol and Drug Abuse Policy for the City of Ripon; and WHEREAS, on April 11, 2023, the City of Ripon (“City”) Council adopted Resolution No. 23-14 updating the current Alcohol and Drug Use Policy for the City of Ripon to be consistent with current laws; and
WHEREAS, the City is desirous of updating this policy to comply with Federal Transit Administration (FTA) Alcohol and Drug regulations.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council does hereby adopt the above Recitals as true, and adopts them herein.
2. The City Council hereby amends the City of Ripon Alcohol and Drug Use Policy, as attached hereto in Exhibit “A” and incorporated herein.
3. This Resolution shall take effect upon its adoption.
4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 12th day of November, 2024, by the following vote:
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk