Ripon City Council Minutes
TUESDAY, DECEMBER 10, 2024 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 5:00 PM
CLOSED SESSION: The closed session meeting was called to order at 5:00 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, 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.
(2) Public Employment – City Attorney
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss pending litigation and the upcoming retirement of the City Attorney, 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 Rex Rodgers 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 December 10, 2024
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arais, Emil Guillermo, Harpal Chandar, Sonya Hamker, Amber Capua, Jeremy West Michiko, Kelly Donohue.
PUBLIC DISCUSSION:
Emil Guillermo, Ripon Poet Laureate, said he had written two short poems about Ripon and proceeded to read them.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of November 12, 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 - NOV 12, 2024 6:00 PM
ADMINISTERING THE OATH OF OFFICE TO NEWLY ELECTED COUNCIL MEMBERS:
City Clerk Roos administered the Oath of Office to Daniel de Graaf, Gary Barton and Leo Zuber.
COUNCIL REORGANIZATION:
Per Ordinance No. 800, RMC Section 2.04.020 Mayoral Selection, Council Members shall be seated as follows:
Seat 1 Mayor Daniel de Graaf
Seat 2 Vice Mayor Gary Barton
Seat 3 Council Member Dean Uecker
Seat 4 Council Member Michael Restuccia
Seat 5 Council Member Leo Zuber
(Per RMC 2.04.020, the designated Mayor and Vice Mayor must be queried to accept or decline the positions.)
City Clerk Roos led the Council Reorganization. She said she has queried both Daniel de Graaf and Gary Barton whether they want to serve in the respective seats of Mayor and Vice Mayor and both have confirmed.
Council Members were seated in their new, respective seats and the meeting was handed over to Mayor Daniel de Graaf.
City Council Page 3 December 10, 2024
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Restuccia requested Items 1.3C and 1.4A be pulled from the Consent Calendar for discussion.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(November 2023 $542,241.70)
FY 2024-25 YTD: $1,986,592
FY 2023-24 YTD: $2,074,380
Highway Users Tax
(October 2023 $36,696.28)
FY 2024-25 YTD: $168,406
FY 2023-24 YTD: $159,891
SB1 Street & Road Tax
(November 2023 $36,409.97)
FY 2024-25 YTD: $185,872
FY 2023-24 YTD: $166,364
$433,691.92
$37,919.75
$41,353.19
TOTAL $512,964.86
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
November 2024 $1,305.31
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
September 2024
October 2024
$4,522.16
$4,250.51
TOTAL: $8,772.67
City Council Page 4 December 10, 2024
D. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – September 2024 $21,622.57
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
$8,387.50
$420.00
TOTAL $8,807.50
B. RIPON CHAMBER OF COMMERCE
2025 Membership Investment
Invoice # 6192 $185.00
C. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #34561 $1,548.00
D. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
October 2024 Invoice #AR115169 $2,745.76
E. ADAMS ASHBY GROUP, INC.
Senior Center Rehabilitation Project
Labor Compliance
Progress Payment – Invoice #6290 $2,500.00
F. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #20 $10,445.25
G. PADILLA & ASSOCIATES
Disadvantaged Business Enterprise Reporting Services
Progress Payment – Invoice #23-111-03 $850.00
H. LSC TRANSPORTATION CONSULTANTS, INC.
Short Range Transit Plan
Progress Payment – Invoice #71045 $10,098.82
I. CTE CAL, INC.
3 rd Street Water Replacement Project
Materials Testing & Inspection Services
Progress Payment - Invoice #35467 $460.00
J. TRIPLE M ENTERPRISE, INC.
Wastewater Treatment Plant Percolation Pond Project
Invoice #2024-24 $2,080.00
City Council Page 5 December 10, 2024
K. DE NOVO PLANNING GROUP
City of Ripon 6th Cycle Housing Element
Progress Payment – Invoice #4504 $18,500.00
L. AMERICAN PAVEMENT SYSTEMS, INC.
South of Main Street Resurfacing Project
Progress Payment – Invoice #5 $207,343.67
M. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment – Invoice #02506 $1,126.25
N. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #114624 $5,950.00
O. STANTEC CONSULTING SERVICES, INC.
Wastewater Discharge Permit Groundwater Monitoring
Invoice #2315325 – 3
rd Quarter 2024
Well 9 Evaluation and Condition Assessment
Progress Payment – Invoice #2316661
$2,104.00
$193,132.89
TOTAL $195,236.89
1.3. Resolutions
A. RESOLUTION NO. 24-43
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING A GRANT OF
EASEMENT FOR PUBLIC UTILITY
EASEMENT OF CERTAIN REAL
PROPERTY TO THE CITY OF
RIPON
This resolution accepts a Grant of a
Public Utility Easement by Bethany
Home Society of San Joaquin County for
certain real property to the City of Ripon
in connection with the Terraces at
Bethany Home Project (200 Vera Avenue
and 816 W. Main Street) and authorizes
the Mayor to sign and execute any and all
documents necessary to complete the
aforementioned transaction.
B. RESOLUTION NO. 24-44
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
FINANCIAL STATEMENTS AND
INDEPENDENT AUDITOR'S
REPORT FOR THE YEAR ENDED
JUNE 30, 2024
This resolution accepts the City of Ripon
Financial Statements and Independent
Auditor’s Report for the year ended June
30, 2024, prepared by Price Paige &
Company Accountancy Corporation.
City Council Page 6 December 10, 2024
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
1.4. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. COMMUNITY CENTER TENNIS COURTS EQUIPMENT PURCHASE
Pickleball Central Approve the purchase of four Douglas Premier Portable Pickleball Net Systems
for the Community Center Tennis
Courts in the not to exceed amount of
$10,339.69 (funding source: Parks and
Recreation Capital Fund).
C. PROFESSIONAL SERVICES AGREEMENT
California CAD Solutions Approve and authorize the Mayor to sign the annual agreement with
California CAD Solutions, Inc. for the
GIS system subscription, including
maintenance and potential service
upgrades. This agreement facilitates the
continued enhancement and
maintenance of the GIS system, with
costs not to exceed amount of $20,000
(funding source: split between General
Fund, Water Fund and Sewer Fund).
D. PROCLAMATION
Ripon High School Present a proclamation to Ripon High
School recognizing its outstanding
athletic accomplishments.
ITEMS PULLED FROM CONSENT
1.3A : RESOLUTION NO. 24-45
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
MONEY PURCHASE THRIFT PENSION
PLAN FINANCIAL STATEMENTS AND
INDEPENDENT AUDITOR'S REPORT
JUNE 30, 2024 AND 2023
This resolution accepts the City of Ripon
Money Purchase Thrift Plan Financial
Statements and Independent Auditor’s
Report June 30, 2024 and 2023, prepared
by Price Paige & Company Accountancy
Corporation.
Council Member Restuccia said he pulled this item because there is an error in the audit. City Clerk Roos said the schedule of assets noted on page 10 was incorrect. The auditors will be correcting the error and issuing a new report.
City Council Page 7 December 10, 2024
Motion to accept Resolution 24-45 accepting the City of Ripon Money Purchase Thrift Plan Financial Statements and Independent Auditor’s Report June 30, 2024 and 2023 with changes as noted.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1.4A : MEMORANDUM OF UNDERSTANDING - EDIBLE FOOD RECOVERY
PROGRAM
San Joaquin County Approve and authorize the Mayor to sign the Memorandum of Understanding
between the City of Ripon and the County
of San Joaquin for the enforcement of the
State required Edible Food Recovery
Program within Ripon city limits.
Council Member Restuccia said he pulled this item because he wanted to remind residents that this is part of an unfunded mandate from the State of California, signed in 2013 and would like everyone to realize that this will cost money. He said the City has to comply with the State’s methane reduction goals, but the State has not provided a clear plan or cost-benefit analysis. He said people need to be aware that this could affect our garbage rates.
Motion to approve and authorize the Mayor to sign the Memorandum of Understanding between the City of Ripon and the County of San Joaquin for the enforcement of the State required Edible Food Recovery Program within Ripon city limits.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
**END OF CONSENT CALENDAR**
PRESENTATION OF PROCLAMATION
Mayor de Graaf presented a proclamation to the athletes and Rod Wright, Athletic Director for Ripon High School, in recognition for its outstanding athletic accomplishments.
City Council Page 8 December 10, 2024
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. AB1600 DEVELOPMENT IMPACT FEE ANNUAL AND FIVE-YEAR FINDINGS REPORT FOR FISCAL YEAR 2023-24
This is a public hearing on the AB1600
Development Impact Fee Annual Report
for fiscal year 2023-24 and the Five-Year
Findings Report covering fiscal years
2019-20 through 2023-24 as required by
Government Code Section 66000 et seq.
Recommended Action: Adopt the
AB1600 Development Impact Fee Annual
Report for fiscal year 2023-24 and the
Five-Year Findings Report covering fiscal
years 2019-20 through 2023-24 that has
been prepared in accordance with the
provisions of the California Government
Code.
City Clerk Roos said this is a public hearing on our annual report of capital fees for the fiscal year ending June 30, 2024 and the five-year report pursuant to California Government Code Section 66000.
Roos said the staff report provides information for the Council regarding this AB1600- Development Impact Fee Annual report also known as the Public Facility Financing Plan Annual Progress Report and the requirements under Government Code Section 66000 along with how this Report ties to the Fund Summary Balances report as of June 30, 2024.
Roos said this Report has been updated to provide more information to the City Council and prepared in accordance with the requirements of the Government Code, including the newer laws.
Roos said a few updates were done to the report that was posted 15 days before the meeting. She said these minor changes were to be in compliance with the current law.
Roos said staff recommends the Ripon City Council adopt the AB1600 Development Impact Fee Annual Report for fiscal year 2023-2024 and the Five Year Report covering fiscal years 2019-20 through 2023-24 with the changes noted.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
City Council Page 9 December 10, 2024
Vice Mayor Barton asked Roos what the annual increase is. Roos said it is based on Consumer Price Index.
Motion to adopt the AB1600 Development Impact Fee Annual Report for fiscal year 2023-24 and the Five-Year Findings Report covering fiscal years 2019-20 through 2023-24.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
3. DISCUSSION ITEMS
A. WATER, SEWER, GARBAGE ENTERPRISE FUNDS ANNUAL RATE
ADJUSTMENT ANALYSIS (YEAR 5)
Discussion/Action Staff is recommending the City Council approve implementing the February 1,
2025 rate increases for the water (2%),
sewer (4%) and garbage (4%) enterprise
funds that were originally recommended in
the 2020 5-Year Utility Rate Study report
and approved in 2020 by property owners
within Ripon city limits in accordance with
Proposition 218.
City Administrator Werner said in 2020, the City's consultant prepared a five-year engineering study that evaluated the operating revenue and capital replacement needs of the water, sewer, and garbage enterprise funds that the City operates. He referenced a table in the staff report that lists what those adjustments were for 2025 including a 2% increase for water, a 4% increase for sewer, and a 4% increase for garbage. Werner said these rate increases went to a Proposition 218 ballot in 2020. He said the proposed rates go into effect on February 1st of each year.
Werner said the actual expenses for the Water Fund over the five-year period were higher than what was initially anticipated and is a result of inflation. He said these numbers were offset by increases in water use, which were higher than what was expected in the initial report however, staff anticipates completing the transfer of capital funds designated for future capital replacement, as outlined in the initial report.
Werner said a similar situation occurred with the Sewer Fund, where inflation drove up actual expenses over the five-year period. He said however, unlike the Water Fund, these costs were not sufficiently offset by rate increases and as a result, the transfer to the capital replacement account is 5.5% less than originally projected.
City Council Page 10 December 10, 2024
Werner said the Garbage Fund was the most impacted, not only by inflation but also by unexpected regulatory expenses passed down from the state of California to the City. He said these costs affected both our obligations and the companies we contract to off-haul waste, which passed their regulatory fees on to us through higher tipping fees. He said as a result, capital transfers for replacement, particularly for garbage trucks, were 54% below projections. He said the City was unable to maintain the target fund balance recommended in the report, however, since the garbage fund carries no debt, this shortfall is manageable. He said while there are no bond requirements to maintain a minimum balance, the fund was intended to cover unforeseen short-term deficits.
Werner said staff is recommending the Council approve the full rate increases outlined in the report. He said for the average single-family customer with a one-inch meter, 16 units of water use per month, and both black and green waste cans, this would result in an increase of approximately $3.72 per month, or about 3%.
Werner said staff has been monitoring regulatory expenses for each of the enterprise funds, with a table detailing the costs for each fund. He said in the 2023-2024 fiscal year, total regulatory compliance expenses amounted to just under $600,000, for the average single-family customer, this adds approximately $8.40 per month to their bill, accounting for just under 7% of the total.
Council Member Restuccia said there is a 2% increase for water, 4% for sewer, and 4% for garbage, which does not cover the regulatory requirements being imposed on us.
However, if we could cover these costs the increases would actually be 5.29% for water,
6.38% for sewer, and 10.23% for garbage. He said since the Council has passed the rate study, any future adjustments will go through another Proposition 218 process. Restuccia said the rate study is done on a five-year cycle, but when the study was done in 2018, we could not have anticipated all these regulatory impacts.
Motion to approve implementing the February 1, 2025 rate increases for the water (2%), sewer (4%) and garbage (4%) enterprise funds that were originally approved in the 2020 5-Year Rate Study.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
B. SAN JOAQUIN ONE VOICE ADVOCACY TRIP 2025
2025 SJCOG One Voice Trip
Discussion/Action
If the City Council is interested in sending
a representative or representatives to
participate in the 2025 One Voice trip,
please designate and approve the City’s
representative(s) to attend.
City Administrator Werner said San Joaquin One Voice is San Joaquin Council of Government’s (SJCOG) federal advocacy program for San Joaquin County that promotes City Council Page 11 December 10, 2024
projects, programs and issues of regional significance to federal legislators and agencies typically through an annual trip to Washington, D.C.
Werner said in 2022 the SJCOG developed a new process to review and evaluate project applications. This new criterion for the One Voice projects is intended to allow SJCOG to bring forward and focus on the projects that provides the best chance at securing available funds. He said the project needs to prove it is regional and has a federal nexus, have a complete or near complete National Environmental Policy Act clearance, be significantly developed to warrant Federal spending; and have demonstrated community support.
Werner said the City of Ripon had attended the One Voice trip in 2024 and was able to secure funding for the South San Joaquin Irrigation District Surface Water Connection Project. He said the City of Ripon does not have a project that meets the criteria identified by SJCOG for a project submittal for the 2025 One Voice trip.
Werner said SJCOG will be submitting a regional project that impacts the City of Ripon, which is the State Route 99/120 Connector Project, Phase 1B. He said Phase 1A of the project, which addresses eastbound SR 120 and southbound SR 99, is entering the construction phase. Werner said SJCOG’s intent is to complete the design and right-ofway phases of Phase 1B during the Phase 1A construction period, allowing Phase 1B to enter construction seamlessly upon the completion of Phase 1A.
Werner said the 2025 One Voice trip is tentatively scheduled for May 19 to May 25, 2025 and does not conflict with the May City Council meeting. He said if the City of Ripon was to send a representative to the 2025 One Voice trip, they would be advocating for the SR 99/120 Connector Project, Phase 1B, along with other regionally significant projects.
Council Member Zuber said in the recent past our participation has been very positive and the results have been positive for the City so he would like to make a motion to send the City Administrator and a Council Member to the 2025 One Voice trip.
Council discussed and agreed to send Mayor de Graaf as the Ripon representative. de Graaf said he would be willing to attend.
Motion to authorize the City Administrator and a Council Member to attend the One Voice Advocacy Trip in May 2025.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
City Council Page 12 December 10, 2024
C. COUNCIL COMMITTEE AND TASK FORCES
Discussion/No Action Mayor de Graaf to discuss Council
Committee and Task Force appointments
for 2025.
Mayor de Graaf and Council discussed Council Committee assignments. de Graaf asked Deputy City Clerk Kilgore to send a list of current Council Committee assignments to him and Council.
REPORTS
Department Heads:
No reports.
City Council:
Council Member Zuber asked who was riding on the float for the Christmas Light Parade and said someone would be in touch with them with more information.
Vice Mayor Barton said he is excited for this coming year for many different reasons. He said we are very blessed as a Country and as a City.
Barton said he wanted to congratulate the new Mayor and is looking forward to working with Mayor de Graaf. He said he wanted to thank Zuber for his work in the past year and handling his duties so well.
Barton said he believes it is a great time of year and we all have an incredible amount to be thankful for and he would like to wish everyone Season's Greetings and Merry Christmas. He said he is looking forward to the parade on Thursday and believes it is one of the great events in our City every year.
Mayor de Graaf said he would like to echo Barton’s remarks about Zuber. He said he is excited for the upcoming year.
de Graaf said he wanted to thank everyone for attending the meeting.
There being no further business, the meeting was adjourned at 6:34 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk