Ripon City Council
February 8, 2022

Ripon City Council Minutes
TUESDAY, FEBRUARY 08, 2022 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session 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 Gary Barton (via phone), Daniel de Graaf, Leo Zuber, Vice Mayor Michael Restuccia, Mayor Dean Uecker.

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, Police Chief Ormonde, 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 – 2 cases.
(2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code.

Return to open session.

City Attorney Terpstra said Council met in closed session to receive an update on a pending real estate transaction and an update on pending litigation. No reportable action was taken.

PLEDGE OF ALLEGIANCE:

The meeting was called to order at 6:00 PM with Vice Mayor Restuccia leading in the Pledge of Allegiance to the Flag.

INVOCATION:

Pastor Mark Van Dyke gave the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
Dean Uecker Mayor Present
Michael Restuccia Vice Mayor Present
Leo Zuber Council Member Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Remote
City Council Page 2 February 8, 2022
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 Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Kelly Donohue, Mark Van Dyke, Will Apfel.

PUBLIC DISCUSSION:

District Supervisor Robert Rickman said he wanted to introduce himself. He said during the redistricting process that took place in December, Ripon was placed within the District he was elected Supervisor of. He said he is looking forward to working with the Council.

APPROVAL OF MINUTES:

Motion to approve the minutes of Regular Ripon City Council meeting of January 11, 2022.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

1. CITY COUNCIL - REGULAR MEETING - JAN 11, 2022 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member de Graaf requested Item 1.2I be pulled from the Consent Calendar for discussion.

Vice Mayor Restuccia requested Items 1.3A and 1.3B be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
City Council Page 3 February 8, 2022

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(January 2021 $250,038.20)
FY 2021-22 YTD: $2,456,910
FY 2020-21 YTD: $1,771,410
SB1 Street & Road Tax
(January 2021 $27,456.09)
FY 2021-22 YTD: $191,944
FY 2020-21 YTD: $170,155
$204,621.66
$26,817.79
TOTAL $231,439.45
B. STATE OF CALIFORNIA
Vehicle License Fee FY 2020-21 Excess Funds
FY 2019-20: $11,683.61
$18,821.20
C. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
January 2022
February 2022
1,067.57
1,077.81

TOTAL $2,145.38
D. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment –
January 2022 $1,163.34
E. WASTE MANAGEMENT
Monthly Franchise Fee Payment – December 2021 $6,349.00 F. BERTOLOTTI DISPOSAL, INC.

Quarterly Franchise Fee Payment – December 2021 $1,312.00 G. VERTICAL BRIDGE
Annual Acacia Avenue Cell Tower Lease Payment $11,200.35

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Receivership
Bethany Home Society
Jack Tone Golf Lease Extension
$8,555.00
$1,032.50
$295.00
$1,275.00
$2,507.50

TOTAL $13,665.00
City Council Page 4 February 8, 2022
B. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #20793 $700.00
C. LEAGUE OF CALIFORNIA CITIES MEMBERSHIP
2022 Membership Dues $7,319.00
D. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
4 th Quarter 2021 - Invoice #2021-011 $5,054.91
E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
December Invoice #AR112963 $1,489.54
F. D. A. WOOD CONSTRUCTION, INC.

Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #11 $155,061.85
G. TERRACON CONSULTANTS, INC.

Well 19 Pump Station
Materials Testing & Inspection Services
Progress Payment – Invoice #TG23164 $757.00
H. MUNICIPAL FINANCIAL SERVICES
Water, Sewer and Garbage Enterprise Funds Annual Review Progress Payment – Invoice #202002-02 $1,920.00
I. ITEM I WAS MOVED TO ITEMS PULLED FROM CONSENT
J. ASPEN SURVEY COMPANY, INC.

State Mandated Survey Monument Evaluation
Progress Payment – Invoice #20-001-2 $1,000.00
K. LDA
Corporation Yard Design Services
Progress Payment – Invoice #14/622-03-20 $15,000.00
L. SHORELINE ENVIRONMENTAL ENGINEERING
Well 19 Pump Station & Site Design
Progress Payment – Invoice #937 $2,650.50
M. BASECAMP ENVIRONMENTAL, INC.

Lower Stanislaus River Multi-Use Trail
Project – Environmental Assessment
Progress Payment – Invoice #51367
Progress Payment – Invoice #51760
$997.50
$4,043.05
TOTAL $5,040.55
City Council Page 5 February 8, 2022
N. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #51157
Progress Payment – Invoice #51380
$3,584.31
$4,486.69
TOTAL $8,071.00
O. SORACCO, INC.

Well 19 Pump Station
Progress Payment – Invoice #3 $286,523.80
P. WOMACK STRIPING, INC.

Roadway Striping Maintenance Project
Final Payment – Invoice #13896 $54,790.00
Q. SKW & ASSOCIATES
Design Services for the Senior Center Retrofit Project
Progress Payment Invoice #205556
Progress Payment Invoice #205557R
Progress Payment Invoice #205605R
Progress Payment Invoice #205641
$17,910.00
$18.30
$208.66
$800.00
TOTAL $18,936.96

1.3. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
C. STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.

Change Order No. 8
Approve Change Order No. 8 in the not
to exceed amount of $36,120 for four
field changes: (1) resolving a conflict at
a storm drain connection point, (2)
resolving a storm drain conflict with an
existing sewer line, (3) a new service
meter on a previously unknown
waterline, and (4) installing a temporary
bypass line for a storm drain line that
was in conflict with a PG&E gas line
(funding sources: Water, Sewer and
Storm Enterprise Capital Funds).

ITEMS PULLED FROM CONSENT

1.2I : PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #89693 $540.00
City Council Page 6 February 8, 2022
Council Member de Graaf said this item involves his employer, Provost & Pritchard, so he would leave the room for this item.

Motion to approve Item 1.2I Provost & Pritchard Consulting Group.

RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, Barton
AWAY: de Graaf

1.3A : QUARTERLY INVESTMENT REPORT REVIEW
October 1, 2021 - December 31, 2021 Accept the City’s quarterly investment report for the period ending December 31,
2021.

Vice Mayor Restuccia said there is 30 million dollars in the LAIF account with a .23% return. The pool at Bank of New York is a 1.28% return. He said, while unsure about the ease of moving the money, it would make more sense to move more money from LAIF to the pool at Bank of New York. City Clerk Roos said the accounts are analyzed annually by herself and City Administrator Werner, but she will look into Bank of New York to learn more about the fees and the timing of transfers in order to be more active between the accounts.

Motion to approve Item 1.3A Quarterly Investment Report.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

1.3B : PROFESSIONAL SERVICES AGREEMENT
Carl M. Maxey, Architect - Aesthetics
Consultant
Approve and authorize the Mayor to sign
the agreement with Carl M. Maxey,
Architect to perform an aesthetics study
for the Terraces at Bethany project with a
cost not to exceed $13,600.00 to be
reimbursed by Bethany Home.

Vice Mayor Restuccia said he did not see the reimbursement agreement with Bethany Home that was mentioned in the agenda. Planning Director Zuidervaart said Bethany Home already has a reimbursement agreement with the City that was approved at a previous Council meeting.

Council Member Barton asked if there will be a model of the project constructed or will it only be electronic. Zuidervaart said it will only be electronic.

City Council Page 7 February 8, 2022
Motion to approve Item 1.3B Professional Services Agreement.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
**END OF CONSENT CALENDAR**

2. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 912

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON

AMENDING THE CITY OF RIPON
MUNICIPAL CODE, TITLE 8,
CHAPTER 8.12 ENTITLED “GARBAGE
COLLECTION AND DISPOSAL”;

PROVIDING DEFINITIONS AND

PROVIDING FOR AN EFFECTIVE
DATE
This ordinance amends Chapter 8.12
Garbage Collection and Disposal to the
Ripon Municipal Code in order to include
the new State of California Organic Waste
Diversion regulations.

Director of Public Works Pease presented a PowerPoint presentation and said in 2016 Governor Brown signed into law SB1383 in an effort to reduce statewide emissions. That bill tasked CalRecycle and the Air Resources Board to adopt regulations to reduce organic waste in landfills. According to research performed by the State, 20 percent of methane pollution is coming from organic waste in the landfills. He said two of the other major sectors are dairies and the oil and gas sector, which both come in at 26 percent. Pease pointed out that the targets tied to the bill, as far as the reduction of organic waste disposal go, were never attainable. He said the infrastructure needed to process and recover the organic waste is not in place and based on the current CalRecycle projections of future facility construction, they will still be short by close to 8 million tons in 2025.

Pease said the first step required by CalRecycle is to adopt an ordinance, which will be used to regulate and enforce our program. The ordinance was originally supposed to be in place by January 1st although CalRecycle has now given jurisdictions until April to get them adopted due to the unreasonable short timeframe. He said the ordinance presented to Council amends Ripon Municipal Code Chapter 8.12. Staff’s approach when drafting the ordinance, was to make sure we are in compliance with the regulations, make it simple to follow and allow for flexibility within our collection program as we figure out what makes the most sense financially moving forward. This ordinance is what CalRecycle is deeming our “enforceable mechanism” which essentially gives us the authority to enforce SB1383 for the State on ourselves, the residents, and businesses. Pease said not having this in place by April will mean CalRecycle will come in and issue a corrective action plan along with civil penalties.

City Council Page 8 February 8, 2022
Pease said the first section is 8.12.035, Single Family Generators, and the main component of this is the requirement that homeowners subscribe to the City’s Organic Waste collection services and place designated materials in the correct containers according to our collection system.

Pease said the collection program is what staff is currently evaluating and working on. He said the goal is to meet the minimum requirements of what the law states at the lowest possible impact to our rate payers. He presented a slide showing the different options the City will have, including a 1, 2, or 3-can collection service. Pease said the big unknown is the costs from the processing facilities and that is who staff is having conversations with now to determine the City’s best option moving forward.

Pease presented the next section, Chapter 8.12.085, Commercial Generators, which requires businesses to subscribe to an approved collection service and place designated materials in the correct containers according to our collection system or one of our approved waste haulers. He said staff is working with these haulers along with our waste processing facilities and will bring recommendations once the options are evaluated. He said most businesses are currently served by Gilton, Waste Management or Bertolotti.

Pease continued by explaining that the State has broken compliance with the edible food recovery program into two tiers with deadlines two years apart. He said most of the Tier 1 facilities, like SaveMart are already participating in food recovery type programs. The proposed ordinance lays out the requirements for the different tiers of businesses who will need to partner with food recovery organizations, food banks and others in order to meet the criteria in the bill.

Pease said rather than spell out the requirements of procurement in our ordinance for SB1383, staff will be amending our Procurement Policy and bringing it back to Council for approval at a later date.

Pease outlined the City’s next steps as having Residential and Commercial Program options by April 2022, revising the ordinance as needed in June 2022 and considering Oversight Compliance options in July 2022.

Mayor Uecker asked how much food waste the average household throws away. Pease said he does not know how much. Uecker asked if they will need to have a special container.

Pease said that is part of the evaluations they will go through, and described the 1, 2 or 3 cart system.

Vice Mayor Restuccia said this is ridiculous and asked what the methane is today and what their goals are. He said this is going to cost every taxpayer and every business. Restuccia said this is an unfunded mandate.

Council Member Zuber said based on what he read, this is the classic horse before the cart situation. He said he heard Pease mention how long we have to get there and asked for clarification. Pease agreed with Zuber regarding this situation and CalRecycle is trying to work with staff because the facilities do not exist.

City Council Page 9 February 8, 2022
Council Member de Graaf said there will be numbers the City has to meet and asked who is going to determine those numbers. Pease said he does not have the numbers but the collectors will have to complete self-audits, including periodically laying out garbage trucks at the landfill to give them percentages of the organics.

Zuber said there will have to be audits at the local level if there is an enforcement mechanism.

Uecker asked if it would make sense for the City to continue as is and then hire someone to pick up specific garbage. de Graaf said it would make more sense for people to dump the garbage in the black can and have it hauled to a facility that will sort it and dispose of it within regulations. Pease said that will be part of the evaluation.

Barton said under 8.120, Section D single family generators, it appears as though there is an option to prevent or reduce waste generation. He believes education will be an important component of this. He asked Pease if he has begun to consider this. Helping residents understand what they can do with this organic waste. He said there are other ways to get rid of waste without putting it in the trash bin. Pease said yes, and once recommendations are made to Council, staff will need to start developing education and outreach efforts.

Restuccia asked if the City has enough Public Works staff to do what is going to be required with the new regulations. Werner said that will be part of the analysis. Staff will be looking at how they will bridge the gap from where we are today to implementing a program and educating people to inspection, enforcement and reporting.

Barton said the staff report says by 2025 not less than 20 percent of currently disposed edible food is recovered by human consumption. He said this sounds like codified dumpster diving.

Pease said that is the edible food recovery program, and is for grocery stores and businesses, not homeowners. The regulations for those businesses is in the ordinance. The ordinance gives City authority to enforce the regulations.

Restuccia said regarding the education portion, the City needs to make it clear that this is a State mandated program and not from the City. The residents need to know the City is not behind this.

Motion made to waive the first reading and introduce Ordinance 912 amending Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code in order to include the new State of California Organic Waste Diversion regulations.

RESULT: FIRST READING [UNANIMOUS] Next: 3/8/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
City Council Page 10 February 8, 2022

3. DISCUSSION ITEMS
A. SAN JOAQUIN ONE VOICE ADVOCACY TRIP 2022
2022 One Voice Projects:

1. Regional Project - Ripon Multi-Modal
Station

2. Local Project - North Ripon / River Rd.

Signalized Intersection
Discussion/Action
City Council to consider approving the
Ripon Multi-Modal station as the City of
Ripon “Regional Transportation Project”
and the North Ripon / River Rd.

Intersection Improvement Project as the
City of Ripon “Local Priority Project” for
the 2022 One Voice trip.

Additionally, if the City Council is
interested in sending a representative or
representatives to participate in the 2022
One Voice trip, please designate and
approve the City’s representative(s) to
attend.

City Administrator Werner said the in-person trip was cancelled last year and was held virtually. He said this year they are optimistic for an in-person meeting, but there are roadblocks considering the requirements for Washington D.C.

Mayor Uecker asked for clarification. Werner said Washington D.C. requires people to present proof of vaccination in order to enter any indoor business.

Vice Mayor Restuccia said it is hard enough to go there and with COVID restrictions, it is almost pointless to go.

Werner said it conflicts with a City Council meeting.

Council members said they did not want to go to Washington D.C. and direction was given to staff to submit the proposed projects.

B. STATE WATER SHUTOFF MORATORIUM DUE TO COVID-19
Discussion/Action Staff to update the City Council on the impact to delinquent utility accounts from
the State of California's COVID-19
moratorium on water shut-offs that ended
December 31, 2021.

City Clerk Roos said section 13.04.230 of the Ripon Municipal Code requires that unpaid utility accounts be charged a 10 percent fee for each month during the time that the bill remains unpaid.

City Council Page 11 February 8, 2022
Roos said under normal circumstances, the City of Ripon would apply the 10 percent late fee for no longer than two months that an account is not paid. After two months, water service is discontinued until the delinquent bill is made current. She said the City’s late fee is intended to charge a fee to delinquent accounts that reimburses the enterprise funds for the additional administrative time and expenses involved to collect the amount owed, along with the amount of unrealized interest on the outstanding balance.

Roos said as a result of the COVID-19 pandemic, in March 2020, Governor Newsom signed Executive Order N 42 20 which prevented public agencies from disconnecting water services for nonpayment during the COVID-19 pandemic. The water shutoff moratorium was to remain in place until September 30, 2021, but this deadline was later extended until December 31, 2021 through Senate Bill 155, meaning shutting off water.

Roos explained that because of the Governor’s Order, staff has not been able to utilize the City’s normal process to shut-off water service to collect delinquent balances after two months, so during the time of the moratorium, delinquent account holders were only notified each month of the outstanding balance and late fees, but no other action was taken by staff.

Roos said now that the moratorium ended on December 31, 2021, City staff is making plans to transition from the moratorium to our normal process of disconnecting services and collecting outstanding balances. Roos outlined the plan saying the City will send letters to customers with delinquent accounts on February 14, 2022 that note the outstanding balance and the date the account holder must pay or enter into an Amortization Agreement for the outstanding balance. She said on March 1, 2022 and April 1, 2022, customers will receive their regular bill, which has a large watermark across it if they are delinquent. Roos explained this is our new process of notifying customers that they are past due and in jeopardy of having their water turned off. Roos said around April 13, 2022, the City will take an additional step and place a door hanger on the properties of the customers to be shut off the following week and the week of April 18, 2022 the City will turn-off water service for past due balances.

Roos said staff has been applying late fees as stated in the Municipal Code during the moratorium, 10 percent applied each month on the outstanding balance.

Roos said the impact of late fees on individual accounts vary, there are some accounts with no late fees, others where the late fees for residential customers are negligible, and other accounts that are being applied late fees of $260 per month.

Roos said staff is seeking direction from the City Council regarding two options related to applying late fees for unpaid balances during the COVID-19 water shut-off moratorium ordered by Governor Newsom. Option 1 is to continue to apply the 10 percent late fee as prescribed in the Ripon Municipal Code and option 2 is to adjust the late fee from 10 percent to 2 percent during the period of March 2020 to April 2022 when the City’s normal process of applying late fees and implementing water shut-offs resumes, as stated in the Municipal Code.

Roos reiterated that the intent of the City’s late fees is to recover expenses incurred to City Council Page 12 February 8, 2022
collect the outstanding balance plus lost revenue from the accrual of interest. Roos continued saying during the prolonged period of the water shut-off moratorium, these administrative actions to collect the outstanding balance did not happen, and the enterprise funds did experience a financial loss as a result of lost revenue from not earning interest on the outstanding balances. She said if the City Council was to move forward with Option 2, staff is recommending that a late fee of 2 percent be applied to all outstanding balances from the start of the moratorium to the time when the City’s normal process resumes.

Roos said if Option 2 is selected, staff will make the necessary adjustments to those accounts that have already paid the late fee to adjust for the 2 percent late fee.

Roos said additionally, the State is offering a Water Arrearages Program that will pay the City for outstanding water enterprise fund balances that were delinquent as of June 2021 and will provide partial benefit to customers with delinquent balances at that time, but does require the City to write-off any late fees associated with the amount of water fees paid from the State. She said the initial estimate from the State is Ripon could receive $27,859 of funds from this program and would result in writing off $9,400 of late fees.

She said staff believes that the impact of this adjustment is worth the benefit of writing off the delinquent fees. Staff is recommending the City Council direct staff to bring back an urgency ordinance to implement Option 2 and the City participate in the Water Arrearages program and similar programs, if available.

Council Member Zuber asked if the 10 percent was assessed every month. Roos said it was. Zuber said the City is receiving 3 million dollars from the Federal Government and should use some of the money to pay for the late fees incurred.

Council Member Barton said no one forced residents to use City utilities, and there were people who did pay those fees. He said the Ripon Municipal Code says if a resident does not pay their bill, the rules are clear, they are assessed a 10 percent late fee. Barton said the City should not be in a position to bear the burden of people who did not pay their bill.

Zuber said it is not a burden to the City and the City was given a gift to fix this problem.

Barton said this is part of the Code.

City Administrator Werner said the intent of the 10 percent late fee is to make the enterprise fund whole and covers the actions to recover the two month time period. If the Council’s action is to go with Option 2 or another version, staff’s plan is to apply it to everyone during the moratorium period, including those who actually paid the late fees and credit the account.

Vice Mayor Restuccia said people took advantage of the moratorium, but there were people who could not pay their utility bill. He said the City did the small business grants and this is a way to help the residents in the same way. Mayor Uecker asked if the 10 percent is compounded. Roos said the fee is on the services only, the interest is not compounded.

City Council Page 13 February 8, 2022
Uecker said he knows someone who now has to pay $5,000 to have their water turned back on because the renter did not pay the utility bill. Werner said that is one of the accounts that was accruing about $250 a month in late fees. Barton said this goes back to his point, someone chose not to pay their bill for services they used. He said it does not make sense to him to consider offering relief to someone who would not pay their bill, and he understands there were people who were under financial duress, but most people decided they would pay their bill.

Zuber said it does not make sense to him that the discussion is starting to lump people together and Council does not know how many people could not pay the bill or would not pay the bill or did not know the bill existed. It would be a considerable burden on staff to try to figure that out and there would not be any satisfactory answers. Zuber said people still need to pay for the services and the two months they would have paid otherwise, he would like to look at how much it would cost to take the rest of it and charge it against the COVID relief money. Zuber said he does not wish to waive the water bill or the penalty they would have been assessed pre-COVID.

Werner said the total penalties are about $250,000. Werner said Council can use the COVID money for this if they would like to. Restuccia said the money was to shore up lost revenue.

Werner said staff is looking for direction from Council regarding the late fees.

Roos said residents will have the option to sign up for an amortization plan by March 31, 2022 so they can pay their outstanding balance over 12 months. Restuccia asked if there are State programs people can apply for. Roos said there are State program and County programs and when residents called about their outstanding balances, staff gave them the information so they could apply for help from the County. Restuccia asked if staff could send that information to the residents along with their notices. Roos said that is a possibility, staff has sent the information through Nixle and given the information to customers who have contacted the City.

Zuber said he would like to go with option 2. de Graaf countered with 10 percent for the first two months and 2 percent for the rest of the time owed. Zuber agreed. Restuccia also agreed and said that makes sense.

Barton asked what point will the late fee revert back to the 10 percent. Roos said she would propose the 2 percent only go through the April billing cycle when our normal shutoff process resumes in April.

Motion to approve a late fee adjustment from March 2020 to April 18, 2022 of 10 percent for the first two months and 2 percent for the remaining months.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
City Council Page 14 February 8, 2022
Motion to approve the City’s participation in the Water Arrearages program and other similar programs.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

REPORTS
Department Heads:

Police Chief Ormonde presented a PowerPoint report on the Police Department end of year statistics. Ormonde said he included 2019 for comparison because 2020 and 2021 are very similar. He said total incidents are down 4,000 incidents or 4.08% since 2019. Uniform Crime Reporting (UCR) Part 1 crimes are up 10 incidents with the largest increase in simple assault, mostly domestic violence. He said there was as significant decrease in grand larceny with a decrease of 26 incidents.

Ormonde said misdemeanor arrests went down by 291, and felony arrests were down by 8 but a significant portion of cases are not filed.

Ormonde said in 2021 the department received 0 formal complaints and 0 internal affairs.

Council Member Barton said he wanted to commend the department on this accomplishment.

Ormonde said mental health reports went from 50 in 2019 to 44 in 2020 and 61 in 2022. He said he anticipates this number to increase. Ormonde said every time an officer takes someone into custody for mental health, it takes that officer off the street for 4 to 10 hours.

Ormonde summarized the traffic portion of the report saying there was 2,300 traffic stops in 2021, which was a decrease of almost 1,500 from 2019. The report shows citations for Hazardous Violations went up 20% since 2019. Ormonde said 85% of citations issued are hazardous violations. He said traffic collisions were down 40 from 2019 with drunk drivers causing 14 injuries in 2021.

Ormonde said the department saw an uptick in animal impounds in 2021, animal impounds went up from 286 to 291 and 19 animals euthanized as compared to only 6 in 2020. He said this is due in part to the animal shelter not being able to open for adoptions because of COVID restrictions.

Ormonde said on February 9, 2022 there will be an Area of Responsibility (AOR) 1 meeting at the Police department.

Planning Director Zuidervaart said there is Planning Commission meeting is at 6:00 PM on February 14. He said the items on the agenda include consideration for a hotel by the Angle gas station and a Major Site Review for a retail center near Tractor Supply.

City Council Page 15 February 8, 2022
Director of Public Works Pease said water usage is down 1% from 2013 numbers and down 1% from last year’s numbers.

City Council:

Council Member de Graaf said he wanted to commend Chief Ormonde for a job well done. de Graaf said he wanted to remind the public that Almond Blossom will be the last weekend in February.
de Graaf said he wanted to thank everyone for coming to the meeting.

Council Member Zuber said the Almond Blossom Parade is at 1:00 PM on February 26, 2022.

Vice Mayor Restuccia said he gave the Council members a wristband from the Freedom from Masks event that he attended.

Restuccia said he sent an invite to Council for the First Responder appreciation event on Saturday, April 2, 2022. He said Sheriff Withrow will be the guest speaker.

Restuccia said the League of California Cities sent out an item regarding AG 2100042A1, the Taxpayer Protection Government Accountability Act. The Act takes authority away from local agencies to fine and assess fees. He would like staff to look into it. He feels the bill would have a negative financial impact on the City.

Restuccia said Council had discussed codifying the process for appointing a Council member in the event a Council member leaves before the end of the term.

Mayor Uecker said the numbers on the crime report from Chief Ormonde were impressive.

There being no further business, the meeting was adjourned at 7:38 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, JANUARY 11, 2022 – 6:00 PM

REGULAR MEETING
PLEDGE OF ALLEGIANCE:

The meeting was called to order at 6:00 PM with Council Member Zuber leading in the Pledge of Allegiance to the Flag.

INVOCATION:

Pastor Glenn Gerdes gave the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
Dean Uecker Mayor Present
Michael Restuccia Vice Mayor Present
Leo Zuber Council Member Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra (via phone), Planning Director Ken Zuidervaart, Police Chief Ed Ormonde, City Clerk Lisa Roos, Planning Secretary Mitzi Johnston, Information Systems Technician Hunter Crosby, Glenn Gerdes, Mark Marotz.

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 December 14, 2021.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Leo Zuber, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
A. CITY COUNCIL - REGULAR MEETING - DEC 14, 2021 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Zuber requested Items 1.4D and 1.4E be pulled from the Consent Calendar for discussion.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 2 January 11, 2022
Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(December 2020 $254,507.46)
FY 2021-22 YTD: $2,252,288
FY 2020-21 YTD: $1,521,372
Highway Users Tax
(December 2020 $33,368.78)
FY 2021-22 YTD: $206,708
FY 2020-21 YTD: $195,812
SB1 Street & Road Tax
(December 2020 $22,255.35)
FY 2021-22 YTD: $165,126
FY 2020-21 YTD: $142,699
$206,690.06
$29,879.32
$26,045.91
TOTAL $262,615.29
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment –
December 2021 $1,163.34
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment –
October 2021
November 2021
1,999.46
2,154.11

$4,153.57
1 Packet Pg. 17
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 3 January 11, 2022

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Fire District Coordination
Bethany Home Society
Jack Tone Golf Lease Extension
$9,292.50
$1,960.00
$663.75
$3,612.50
$368.75

TOTAL $15,897.50
B. D. A. WOOD CONSTRUCTION, INC.

Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #10 $220,575.75
C. SORACCO, INC.

Well 19 Pump Station
Progress Payment – Invoice #2 $103,435.36
D. TERRACON CONSULTANTS, INC.

Well 19 Pump Station
Materials Testing & Inspection Services
Progress Payment – Invoice #TG11026 $712.00
E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
November Invoice #AR112943 $1,143.72
F. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #20622 $1,500.00
G. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2021-2022 3rd Quarter Deposits
Liability Program
2021 Liability Retrospective Adjustment
Workers’ Compensation Program
$78,987.00
$29,263.00
$131,139.00

TOTAL $239,389.00
H. LDA
Corporation Yard Design Services
Progress Payment – Invoice #13/622-03-20 $5,000.00
I. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment
Invoice #4181
Invoice #4182
$2,108.00
$4,435.00
TOTAL $6,543.00
1 Packet Pg. 18
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 4 January 11, 2022
J. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #26100 $385.00

1.3. Resolutions
A. RESOLUTION NO. 22-1

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ORDERING THE CITY ENGINEER

TO PREPARE ON BEHALF OF THE

CITY OF RIPON THE ENGINEER'S

REPORT FOR THE FISCAL YEAR
2022-2023 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
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon Lighting District.

B. RESOLUTION NO. 22-2

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ORDERING THE CITY ENGINEER

TO PREPARE ON BEHALF OF THE

CITY OF RIPON THE ENGINEER'S

REPORT FOR THE FISCAL YEAR
2022-2023 PERTAINING TO THE

ANNUAL ASSESSMENTS FOR THE

CITY OF RIPON'S TEN

LANDSCAPE MAINTENANCE

DISTRICTS LOCATED IN THE

COUNTY OF SAN JOAQUIN,
CALIFORNIA.

This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon’s ten Landscape Maintenance
Districts.
1 Packet Pg. 19
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 5 January 11, 2022
C. RESOLUTION NO. 22-3

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING A GRANT DEED /

GRANT OF PUBLIC UTILITY

EASEMENT OF CERTAIN REAL

PROPERTY TO THE CITY OF
RIPON
This resolution accepts a Grant Deed /
Grant of Public Utility Easement of
certain real property located at 467 N.

Wilma Avenue to the City of Ripon in
connection with the 2004 Hughes Lane
Street Widening Project, and authorizes
the Mayor to sign and execute any and all
documents necessary to complete the
aforementioned transaction. In 2004, the
City of Ripon completed the Hughes
Lane Street Widening Project. As part of
this project, a dedication of property and
a public utility easement was drafted;
however, it was never recorded.

D. RESOLUTION NO. 22-4

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING CITY COUNCIL

MEMBER APPOINTMENTS TO

VARIOUS BOARDS,

COMMISSIONS, TASK FORCES,

AND COMMITTEES
This resolution approves the City Council
Member appointments to local and
regional Boards, Commissions, Task
Forces, and City Council Committees for
2022.

E. RESOLUTION NO. 22-5

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING THE CITY OF RIPON

TRANSPORTATION

DEVELOPMENT ACT FUND, THE

MEASURE K FUND, AND THE

TRANSIT ENTERPRISE FUND

AUDIT REPORT FOR THE FISCAL
YEAR ENDED JUNE 30, 2021
This resolution accepts the City of Ripon
Transportation Development Act Fund,
the Measure K Fund and the Transit
Enterprise Fund Audit Report for June
30, 2021, prepared by LSL, CPAs.
1 Packet Pg. 20
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 6 January 11, 2022

1.4. Miscellaneous Items
A. FIRST AMENDMENT TO THE PROJECT IMPROVEMENT AGREEMENT Jimco Truck Stop Approve the First Amendment to the
Project Improvement Agreement for
Jimco Truck Stop between the City of
Ripon and RAT Oil, Inc. and Subtera,
LLC, a California Corporation and
authorize the Mayor to sign for
recording.

B. WELL 19 PUMP STATION
Soracco, Inc. Approve Change Order No.1 for
demolition of existing 10-inch irrigation
line and increase in materials and labor
to install the new 10-inch irrigation line
in the not to exceed amount of
$8,865.33 (funding source: Water
Enterprise Capital Fund).

C. SERVICE AGREEMENT
Covanta Environmental Solutions Approve and authorize the Mayor to sign the agreement with Covanta
Environmental Solutions for DEA
controlled substances and assured
destruction of adjudicated evidence for
the Police Department (funding source:

General Fund).

D. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. CLAIM
Mike Cady Accept the claim filed by Mike Cady.

G. AGREEMENT
UniFirst Approve and authorize the Mayor to
sign the agreement with UniFirst to
provide uniform and other
miscellaneous laundry services for the
City beginning March 14, 2022.

H. STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.

Change Order No. 7
Approve Change Order No. 7 for three
field changes required to install the
water line in the not to exceed amount
of $24,300 (funding source: Water
Enterprise Capital Fund).
1 Packet Pg. 21
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 7 January 11, 2022

ITEMS PULLED FROM CONSENT

1.4D : EQUIPMENT REPLACEMENT - COMPUTER SERVERS AND STORAGE CDW-G, LLC Approve and authorize the purchase of
computer servers, backup storage, and
associated hardware to bring computer
network for the Police Department up to
industry standards at a cost not to exceed
amount of $57,758.07 (funding source:

General Department Capital Fund).

Council Member Zuber asked how these items are being paid for. He asked what is the General Department Capital Fund and does each department have their own fund or do all departments have access to this fund.

City Administrator Werner replied it is one fund that all departments can use to fund capital replacement items such as new computers or new cars.

Zuber asked how it is decided how much goes into this fund. Werner said a few years ago the City determined what might be needed for repairs and replacement of items and put that money into this account. Werner added that Parks Improvements and Enterprise Capital are not included in this as they have their own capital replacement funds.

Motion to approve agenda item 1.4D Eqipment Replacement – Computer Servers and Storage.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

1.4E : EQUIPMENT REPLACEMENT - DISPATCH CONSOLE RADIO UPGRADE La Rue Communications Approve and authorize the purchase of new dispatch console radios to replace the
current outdated system and to bring the
fourth dispatch station into service at a
cost not to exceed amount of $220,502.62
(funding source: General Department
Capital Fund).
1 Packet Pg. 22
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 8 January 11, 2022
Motion to approve agenda item 1.4E Equipment Replacement – Dispatch Console Radio Upgrade.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
**END OF CONSENT CALENDAR**

2. RESOLUTIONS
A. RESOLUTION NO. 22-6

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING THE CITY COUNCIL

COMMITTEE ROLES AND

RESPONSIBILITIES
This resolution approves the roles and
responsibilities for Ripon City Council
committees.

Vice Mayor Restuccia commented that Werner did a good job in putting together the roles and responsibilities of each committee as it helps formalize it and have a process in place.

Motion to adopt Resolution 22-6 approving the Roles and Responsibilities for Ripon City Council Committees.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

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. 22-7

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIPON

ESTABLISHING A REVISED

PLANNING APPLICATION FEE

SCHEDULE TO INCLUDE SIDEWALK

DINING 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 Sidewalk
Dining Permits within the City of Ripon.

Recommended Action: Adopt the
resolution amending the Planning Agency
Fee schedule, which adds “Sidewalk
Dining Permits” to the fee schedule.

Planning Director Zuidervaart said at the December City Council meeting Council rescinded Chapter 5.48 “Outdoor Dining Within a Public Right-of-Way” and adopted Ordinance No. 910 amending Chapter 5.44 “Sidewalk Dining on Public Walkways”. Zuidervaart mentioned 1 Packet Pg. 23
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 9 January 11, 2022
the dining area in the street parking spaces has been removed. He said this public hearing adds the fee for a sidewalk dining permit to the planning agency fee schedule. He said in doing a study it was determined the review time for these permits would be similar to sidewalk vendor permits and added that an annual renewal fee would be $75.00 for businesses in good standing.

PUBLIC HEARING OPENED
No one from the public wished to speak at this time.

PUBLIC HEARING CLOSED
Vice Mayor Restuccia asked if this fee covers staff’s costs. Zuidervaart replied yes.

Mayor Uecker commented that the downtown area looks nicer and feels safer without the dining area in the parking spaces. Zuber agreed.

Motion to adopt Resolution 22-7 amending the Planning Agency Fee Schedule, which adds “Sidewalk Dining Permits” to the fee schedule.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

4. DISCUSSION ITEMS
A. WATER, SEWER, GARBAGE ANNUAL RATE ADJUSTMENT ANALYSIS Discussion/Action Staff is recommending the City Council approve implementing the full rate
increases for the water (2%), sewer (4%)
and garbage (5%) enterprise funds
approved in the 2020 5-Year Rate Study,
as of February 1, 2022.

City Administrator Werner gave a background on this item saying the City does have Enterprise Funds that provide the water, sewer and garbage services. He said the money that we collect from the revenue for these services pays for the operations of each of these services. Werner said similar to the General Fund, money is transferred to the Enterprise Capital Funds to pay for replacement of capital items such as wells, pumps and other facilities that age out of service over the years.

Werner said in 2020 the City went through a Prop 218 process that allowed the voters to approve rate increases over a 5-year period. That set the rate increases for years 2021 through 2025. Werner said Council directed staff to evaluate these increases each year to make sure they are truly needed or recommend they be reduced, as they cannot be increased.
1 Packet Pg. 24
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 10 January 11, 2022
Werner said the City has retained the consultant Tom Pavletic with Municipal Financial Services who did the 5-year study which is attached to the staff report. He said Pavletic is recommending the City Council approve implementing the full rate increases approved in the 2020 5-Year Rate Study. The recommended rate increase would be 3.5 percent of a resident’s bill.

Werner said staff is watching closely the solid waste regulations, which are out of the City’s control, which will increase our operating expenses. These regulations have affected our partners where we bring our solid waste. Their tipping fees have increased which are then passed down to the City. The other concern is AB1383, which will have extensive expenses associated with it.

Werner said the other item of concern is what is happening in the market right now with construction costs. When the City did the 5-year study, we assumed we would know how much it is to drill new wells and replace pumps and the City is seeing significant increases in these costs. Werner said the third item of concern is general impacts from inflation and for personnel expenses.

Vice Mayor Restuccia commented that the solid waste will be the biggest unknown with all the regulations and we do not have any control over this. We can control what we need but not the cost. Restuccia asked if Werner meant to put the redline version in the staff report and noticed that it was not there. Werner said he does have a redline version and can talk about the changes. He said Restuccia brought up some items to be incorporated into the report, such as we were not consistent with how we refer to the Sewer Enterprise Funds sometimes calling it the Wastewater Enterprise Fund. This change was made throughout the report to be consistent. The second change was with the coverage requirements. The report talks about the funds where we have bonds and the term “technical minimum coverage requirement”. This has been changed to refer to the bonds and the covenants of the bonds. Werner said lastly staff took a part of Finance Director Roos’ report related to the audit to show the reader of the memo a summary of the finances for each of the funds based off the last increase that happened February 2021 and what it looked like the entire fiscal year.

Council Member Zuber said regarding the garbage rate there is a point in time where Werner would bring to staff how much was originally in the fund, how much was used and how much is currently in the fund. Zuber said historically we have been well below what our own program says we should have in the Enterprise Fund. He said he was not able to tell from this report if that was going to be addressed and improved with this rate increase. Zuber said if we needed to replace a garbage truck, we would not have the funds to do so. Werner said the table that Restuccia requested be added to the report reflects this. Werner said these increases are really related to the tipping fees that we have to pay.

Mayor Uecker asked if that money is just sitting in Capital or does the City invest it in any way. Werner said everything is pooled together and tracked by different line items.

This information is in the reports that Roos sends out to Council. Werner said the money is pooled together and put into investments.
1 Packet Pg. 25
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes) City Council Page 11 January 11, 2022
Council Member de Graaf said the rate increases are what the voters already approved and these charges go only to provide the coverages for the costs of the services. No money is being made off these rates increases.

Council Member Barton asked Werner to recount how the City compares to other local cities in this area. Werner said this data is in the 2020 report but recalls that Ripon is the second lowest compared to the cities that were surveyed, which were Escalon, Lathrop, Manteca, Ripon, and Tracy. He said he would send this survey to City Council.

Motion to approve implementing the full rate increases for the water (2%), sewer (4%) and garbage (5%) enterprise funds approved in the 2020 5-Year Rate Study as of February 1, 2022.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

REPORTS
Department Heads:

Planning Director Zuidervaart said there will not be a January Planning Commission meeting.

City Council:

Council Member de Graaf thanked everyone who attended the meeting.

There being no further business, the meeting was adjourned at 6:27 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 26
Minutes Acceptance: Minutes of Jan 11, 2022 6:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 27
Attachment: 2021 11 advance (3303 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2100229 and 2100229A
Issue Date: January 21, 2022
Fiscal Year: 2021-2022
Collection Period: December 01, 2021 - December 31, 2021 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.

For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].

City Population Payment Amount Year To Date
Ripon City Treasurer 16,292 $26,817.79 $138,128.09
1 of 1

1.1.A.b
Packet Pg. 28
Attachment: rmra_cities_remit_2021_jan22 (3303 : State of California) State Controller's Office
Remittance Advice
Vehicle License Fees Collection in Excess - Cities
Claim Schedule: 2000574 and 2000574A
Issue Date: January 25, 2022
Fiscal Year: 2020-2021
Collection Period: July 16, 2020 - July 15, 2021
Description: Revenue and Taxation Code section 11001.5(b). To be deposited in the county/city general fund.

Total amount to be allocated to counties and cities: $76,443,676.84 More information at http://www.sco.ca.gov/ard_local_apportionments.html For assistance, please contact Mike Silvera at 916-323-0704 or at [email protected].

City Population Payment Amount
Ripon City Treasurer 16,292 $18,821.20
1 of 1

1.1.B.a
Packet Pg. 29
Attachment: Vehicle License Fee Collection in Excess , City EFT Remittance Advices 20-21 (3308 : State of California-Vehicle License Fee

1.1.C.a
Packet Pg. 30
Attachment: T-MOBILE - January 2022 (3305 : T-MOBILE)

1.1.C.b
Packet Pg. 31
Attachment: T-MOBILE - February 2022 (3305 : T-MOBILE)

1.1.D.a
Packet Pg. 32
Attachment: CCATT (3317 : CCATT Holdings)

1.1.E.a
Packet Pg. 33
Attachment: Waste Management (3319 : Waste Management)

1.1.E.a
Packet Pg. 34
Attachment: Waste Management (3319 : Waste Management)

1.1.F.a
Packet Pg. 35
Attachment: Bertolotti (3320 : Bertolotti)

1.1.F.a
Packet Pg. 36
Attachment: Bertolotti (3320 : Bertolotti)

1.1.G.a
Packet Pg. 37
Attachment: Vertical Bridge (3285 : Vertical Bridge)

1.2.A.a
Packet Pg. 38
Attachment: City Invoices (3318 : Law Office of Thomas H. Terpstra)

1.2.A.a
Packet Pg. 39
Attachment: City Invoices (3318 : Law Office of Thomas H. Terpstra)

1.2.A.a
Packet Pg. 40
Attachment: City Invoices (3318 : Law Office of Thomas H. Terpstra)

1.2.A.a
Packet Pg. 41
Attachment: City Invoices (3318 : Law Office of Thomas H. Terpstra)

1.2.A.a
Packet Pg. 42
Attachment: City Invoices (3318 : Law Office of Thomas H. Terpstra)

1.2.A.a
Packet Pg. 43
Attachment: City Invoices (3318 : Law Office of Thomas H. Terpstra)

1.2.B.a
Packet Pg. 44
Attachment: Price Paige (3309 : Price Paige & Company)
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org January 25, 2022
TO: City Managers and City Clerks in Non-Manager Cities FROM: League of California Cities Executive Director and CEO Carolyn Coleman SUBJECT: League of California Cities Membership Invoice for 2022 Thank you for your city’s membership in the League of California Cities (Cal Cities). Your support during 2021 was critical as we partnered together to new heights harnessing the strength and resiliency of cities during unprecedented times and historic opportunities. I know your city’s financial resources are not unlimited, and value your ongoing commitment to keep city leaders and cities strong now and into the future by belonging to Cal Cities.

Achieving Strong Results
Accompanying your city’s 2022 membership invoice is the League of California Cities 2021 Annual Report. Together we fought proactively at the state and federal level for resources and drove policy that reflects the needs of California cities. Fueled by our powerful network of city officials and dedicated Cal Cities staff, cities of all sizes benefited as we were able to collectively accomplish key legislative priorities, engage in high-caliber educational opportunities, and build upon Cal Cities’ effectiveness as the unmatched advocate and voice on the issues most critical to member cities and the residents they serve.

The value and benefits your city derives from membership in the League of California Cities makes the payment of Cal Cities dues a wise investment. Enclosed for your review is a customized “Return on Investment” report for your city. This report summarizes significant financial benefits your city receives as a direct result of Cal Cities’ advocacy.

Advancing the Mission
Equally important, the value of membership provides elected and appointed officials in your city the ability to engage in meaningful policy development discussions, pertinent educational workshops, and relevant networking opportunities. Working in concert with our 479 member cities, partners, and coalition supporters, and true to our mission, advancing local priorities through advocacy and education remains the cornerstone of Cal Cities activities.

Focusing on member-driven priorities in 2022 to secure funding to increase the supply and affordability of housing and reform state housing laws to retain local authority; attain investments to strengthen and sustain critical infrastructure; secure increased funding and resources to prevent homelessness and assist individuals experiencing homelessness; and strengthen disaster preparedness, resiliency, and recovery from climate change impacts through improved collaboration and resources, Cal Cities will be a vital resource to your community, advancing the voice of city leaders with state and federal policymakers.

1.2.C.a
Packet Pg. 45
Attachment: Ripon 2022 Cal Cities Dues (3307 : League of California Cities membership) Membership Remains Affordable
Pursuant to Cal Cities bylaws, annual membership dues are determined using a city’s population as set forth by the California Department of Finance.

Balancing the fiscal impact on cities with the key role membership dues play in sustaining Cal Cities’ strong operations, the board authorized a three percent adjustment to the dues schedule for 2022. This decision reflects the board’s commitment to the membership while ensuring adequate funding to support Cal Cities programs and advocacy activities.

In addition, consistent with board policy, Cal Cities maintains a Litigation Contingency Reserve Account (LCRA) funded through an optional voluntary surcharge set as a percentage of dues.

Reviewed annually by Cal Cities’ finance committee and board of directors, the LCRA is intended to: 1. cover expenses incurred from board-approved litigation within a single budget year; and 2. maintain sufficient set-asides to cover expenses Cal Cities would incur if Cal Cities becomes or remains involved in board-approved litigation during the following year. Fully funded for 2022, contributions to the optional voluntary litigation surcharge are not required and are shown as a zero on the enclosed invoice.

California Cities Work Stronger Together
Through Cal Cities, all cities and all city officials have the opportunity to help shape vital solutions to the issues of greatest importance to our cities and the state of California.

On behalf of Cal Cities officers and board, I encourage your enthusiastic support of and participation in the League of California Cities during 2022 and beyond. Working together, we amplify our collective voice on key statewide policy matters.

If you have any questions about this matter, please contact Norman Coppinger, Deputy Executive Director Finance and Operations, at [email protected] or (916) 658-8277.

Enclosures: Dues invoice
Dues schedule
Return on Investment Report
2021 Annual Report

1.2.C.a
Packet Pg. 46
Attachment: Ripon 2022 Cal Cities Dues (3307 : League of California Cities membership)

1.2.C.a
Packet Pg. 47
Attachment: Ripon 2022 Cal Cities Dues (3307 : League of California Cities membership) 2021
Dues
2022
Increase 2022 Dues
1 to 500 . . . $81 $2 $83
501 to 600 . . . 214 6 220
601 to 700 . . . 427 13 440
701 to 800 . . . 467 14 481
801 to 900 . . . 560 17 577
901 to 1,000 . . . 657 20 676
1,001 to 1,250 . . . 820 25 845
1,251 to 1,500 . . . 985 30 1,014
1,501 to 1,750 . . . 1,148 34 1,183
1,751 to 2,000 . . . 1,313 39 1,352
2,001 to 2,250 . . . 1,477 44 1,521
2,251 to 2,500 . . . 1,643 49 1,692
2,501 to 2,750 . . . 1,805 54 1,859
2,751 to 3,000 . . . 1,970 59 2,029
3,001 to 4,000 . . . 2,626 79 2,705
4,001 to 5,000 . . . 3,282 98 3,380
5,001 to 7,500 . . . 4,429 133 4,562
7,501 to 10,000 . . . 5,111 153 5,264
10,001 to 15,000 . . . 6,170 185 6,355
15,001 to 20,000 . . . 7,105 213 7,319
20,001 to 25,000 . . . 8,896 267 9,163
25,001 to 30,000 . . . 10,682 320 11,002
30,001 to 40,000 . . . 13,149 394 13,543
40,001 to 50,000 . . . 15,997 480 16,477
50,001 to 60,000 . . . 18,427 553 18,980
60,001 to 70,000 . . . 20,252 608 20,859
70,001 to 80,000 . . . 21,274 638 21,912
80,001 to 90,000 . . . 22,676 680 23,357
90,001 to 100,000 . . . 24,841 745 25,586
100,001 to 125,000 . . . 28,332 850 29,182
125,001 to 150,000 . . . 31,187 936 32,122
150,001 to 200,000 . . . 35,444 1,063 36,507
200,001 to 500,000 . . . 37,219 1,117 38,335
Plus 1,776 53 1,829
per each full 10,000 of population over 200,001
500,001 to 640,000 90,343 2,710 93,054
Plus 49 1,641 1,691
per each full 10,000 of population over 500,001
Over 640,000 112,570 3,377 115,947
A bylaws provision states that no city's dues may increase by more than $5,000.

For cities having a population of:

League of California Cities
2022 Dues Schedule

1.2.C.a
Packet Pg. 48
Attachment: Ripon 2022 Cal Cities Dues (3307 : League of California Cities membership)

1.2.C.a
Packet Pg. 49
Attachment: Ripon 2022 Cal Cities Dues (3307 : League of California Cities membership)

1.2.D.a
Packet Pg. 50
Attachment: SSJGSA (3310 : South San Joaquin Groundwater Sustainability Agency)

1.2.E.a
Packet Pg. 51
Attachment: Invoice AR112963_SJRTD (3294 : SJRTD)

1.2.F.a
Packet Pg. 52
Attachment: Invoice 11_D.A. Wood Construction, Inc (3295 : D.A. Wood Construction, Inc.)

1.2.G.a
Packet Pg. 53
Attachment: Invoice TG23164_Terracon (3298 : Terracon Consultants, Inc.)

1.2.H.a
Packet Pg. 54
Attachment: Invoice 202002-02_Municipal Financial Services (3306 : Municipal Financial Services)

1.2.H.a
Packet Pg. 55
Attachment: Invoice 202002-02_Municipal Financial Services (3306 : Municipal Financial Services)

1.2.H.a
Packet Pg. 56
Attachment: Invoice 202002-02_Municipal Financial Services (3306 : Municipal Financial Services)

1.2.H.a
Packet Pg. 57
Attachment: Invoice 202002-02_Municipal Financial Services (3306 : Municipal Financial Services)

1.2.H.a
Packet Pg. 58
Attachment: Invoice 202002-02_Municipal Financial Services (3306 : Municipal Financial Services)

I T E M I Z E D I N V O I C E
NAME : CITY OF RIPON BILLING DATE : 01/27/2022
ADDRESS : 259 NORTH WILMA AVENUE INVOICE NO. : 21-001-2 CITY : RIPON, CA 95366 JOB NO. : 21-001
JOB NAME/LOCATION: SURVEY MONUMENT EVALUATION FOR PRIVATE DEVELOPMENT PROJECTS

NEEDED IN ORDER TO COMPLY WITH STATE MANDATED REQUIREMENTS ***************************************************************************************************************************

DESCRIPTION OF SERVICE AMOUNT
*************************************************************************************************************************** ENCROACHMENT PERMIT NO. 234
258 FRONTAGE $ 100.00
ENCROACHMENT PERMIT NO. 236
441 DOAK BOULEVARD 100.00
ENCROACHMENT PERMIT NO. 243
1842 FLAGSTONE DRIVE 100.00
ENCROACHMENT PERMIT NO. 244
932 N. RIPON ROAD 100.00
ENCROACHMENT PERMIT NO. 245
220 FIRST STREET 100.00

SIDEWALK TRIP HAZARD
1017 STUART STREET 100.00

SIDEWALK TRIP HAZARD
423 SULTANA COURT 100.00

SIDEWALK TRIP HAZARD
RIVER ROAD (BETWEEN CALHOUN & FULTON) 100.00

SIDEWALK TRIP HAZARD
1801 N. RIPON ROAD 100.00

SIDEWALK TRIP HAZARD
1144 ROBERT AVENUE 100.00
___________________________________________________________________________________ INVOICE TOTAL...................................................................................................................$ 1,000.00

THIS INVOICE IS DUE AND PAYABLE UPON RECEIPT
THANK YOU!
1121 OAKDALE ROAD, SUITE 6
MODESTO, CA 95355
PHONE: (209) 526-9724 FAX: (209) 526-0472

1.2.J.a
Packet Pg. 59
Attachment: Invoice 21-001-2_Aspen Survey Company, Inc (3315 : Aspen Survey Company, Inc.)

1.2.K.a
Packet Pg. 60
Attachment: Invoice 14-622-03-20_LDA (3316 : LDA)

1.2.L.a
Packet Pg. 61
Attachment: Invoice 937_Shoreline Environmental Engineering (3301 : Shoreline Environmental Engineering) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
Elizabeth Quilici
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
INVOICE # 51367
DATE 05/31/2020
DUE DATE 06/30/2020
TERMS Net 30

PROJECT
3020-Ripon River Trail

PERIOD DESCRIPTION QTY RATE AMOUNT
05/31/2020 Principal 5.25 190.00 997.50
I am re-sending this invoice per your email request
of today 1-17-22.

BALANCE DUE $997.50

1.2.M.a
Packet Pg. 62
Attachment: Invoice 51367_Base Camp Environmental, Inc (3299 : Basecamp Environmental, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240 US
[email protected]

BILL TO
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
INVOICE 51760
DATE 05/07/2021 TERMS Net 30
DUE DATE 06/06/2021

PROJECT
Ripon Trail

DATE DESCRIPTION QTY RATE AMOUNT
05/07/2021 Moore Biological
Consultants, $3,675.50 +
10% markup
1 4,043.05 4,043.05
This is a subcontractor bill from earlier in the year that was inadvertently not invoiced to the City. The work involved mapping and biological impact analysis related to elderberry shrub growth along the proposed trail.

TOTAL DUE $4,043.05

1.2.M.b
Packet Pg. 63
Attachment: Invoice 51760_Base Camp Environmental, Inc (3299 : Basecamp Environmental, Inc.) Moore Biological Consultants Phone: (209) 745-1159
10330 Twin Cities Road, Ste. 30 Facsimile: (209) 745-7513 Galt, CA 95632
Mr. Charlie Simpson
Basecamp Environmental
802 West Lodi Avenue
Lodi, CA 95240
Invoice: 2004/04-21
7-May-21
INVOICE Please mail payment to: Moore Biological Consultants For services during March & April, 2021 10330 Twin Cities Road, Ste. 30 Galt, CA 95632
Job No: 2004
Project:

Invoice: 2004/04-21
LABOR CHARGES Hours Rate Charges
Principal Biologist (hours) 5.0 $200.00 $1,000.00
Biologist (hours) 12.5 $125.00 $1,562.50
GIS Specialist (hours) 7.0 $150.00 $1,050.00
Total Labor 24.5 $3,612.50

EXPENSES
Mileage (miles) 84 $0.75 $63.00
Total Expenses $63.00
TOTAL INVOICED AMOUNT $3,675.50
Note: All charges are due and payable as of the billing date. Any charges not paid within 30 days of the statement date are delinquent and will be subject to a FINANCE CHARGE computed at the rate of 1.5% per month which is an annual rate of 18%, figured from the date of billing.

Lower Stanislaus Trail Project: Coordinate Elderberry Shrub Buffer Reduction and Prepare Biological Assessment

1.2.M.b
Packet Pg. 64
Attachment: Invoice 51760_Base Camp Environmental, Inc (3299 : Basecamp Environmental, Inc.)

1.2.N.a
Packet Pg. 65
Attachment: Invoice 51157_Harris & Associates (3297 : Harris & Associates)

1.2.N.b
Packet Pg. 66
Attachment: Invoice 51380_Harris & Associates (3297 : Harris & Associates)

1.2.O.a
Packet Pg. 67
Attachment: Invoice 3_Soracco, Inc (3296 : Soracco, Inc.)

1.2.P.a
Packet Pg. 68
Attachment: Womack Invoice 13896 (3322 : Womack Striping, Inc.)

1.2.P.a
Packet Pg. 69
Attachment: Womack Invoice 13896 (3322 : Womack Striping, Inc.)

1.2.Q.a
Packet Pg. 70
Attachment: Invoice 205556_SKW & Associates (3324 : SKW & Associates)

1.2.Q.b
Packet Pg. 71
Attachment: Invoice 205557R_SKW & Associates (3324 : SKW & Associates)

1.2.Q.c
Packet Pg. 72
Attachment: Invoice 205605R_SKW & Associates (3324 : SKW & Associates)

1.2.Q.d
Packet Pg. 73
Attachment: Invoice 205641_SKW & Associates (3324 : SKW & Associates) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Sarah Collins, Senior Civil Engineer
Date: 02/08/2022
Subject: Stockton Avenue Rehabilitation Change Order 8
RECOMMENDED ACTION:

Approve Change Order No. 8 in the not to exceed amount of $36,120 for four field changes: (1) resolving a conflict at a storm drain connection point, (2) resolving a storm drain conflict with an existing sewer line, (3) a new service meter on a previously unknown waterline, and (4) installing a temporary bypass line for a storm drain line that was in conflict with a PG&E gas line (funding sources: Water, Sewer and Storm Enterprise Capital Funds).

BACKGROUND:

The Stockton Avenue Rehabilitation Project was awarded to D.A. Wood Construction, Inc. at the February 9, 2021 City Council meeting for an amount of $4,747,866.50. The Stockton Avenue Rehabilitation Project will involve a complete road reconstruction from Second St. to Doak Blvd, including the repair and replacement of several underground utilities along with the installation of concrete pavers, new streetlights, and 6-foot sidewalks.

At the April 13, 2021 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $189,062.81 for the truck detour improvements required on private property and changes to the scope of the project at the request of Ripon Manufacturing Company.

At the June 8, 2021 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $28,174.31 for the increase in price of PVC pipe material due to a national material shortage.

At the August 10, 2021 City Council meeting, Council approved Change Order No. 3 in the not to exceed amount of $135,904.03 for various unforeseen field conditions that required changes to the contract documents.

1.3.C
Packet Pg. 74
At the September, 14, 2021 City Council meeting, Council approved Change Order No. 4 in the not to exceed amount of $38,764.98 to locate a water lateral and for additional work needed for storm drain conflicts on Stockton Avenue between Doak Boulevard and Fifth Street.

At the November 9, 2021 City Council meeting, Council approved Change Order No. 5 in the not to exceed amount of $60,265.77 for additional work necessary to lower the elevation of 48” Storm Drain Pipe installed to avoid an existing PG&E transmission line.

At the December 14, 2021 City Council meeting, Council approved Change Order No. 6 in the not to exceed amount of $11,351.00 to adjust catch basins to eliminate conflicts with an MID electrical line and PG&E gas transmission line.

At the January 11, 2022 City Council meeting, Council approved Change Order No. 7 in the not to exceed amount of $24,300.00 for three field changes required to install the water line.

DISCUSSION:

When preparing to connect to the existing 36” storm drain line on East Fourth Street, an approximately 8” thick steel reinforced concrete guard was found attached to the top of the existing pipe which required the use of additional equipment and time for demolition. This additional cost covers the breaker used for demolition and the extra time required.

During the installation of the 48” storm drain adjacent to the Diamond Pet Food property driveway, a conflict with the sanitary sewer was found. Due to the path of the sewer line, readjustment of its depth was not possible. To bypass this sewer line, an additional manhole was poured and the sewer line was cased with a 14” steel casing with skids to protect it per city standards. Additional costs are for the labor of one additional manhole plus the material and labor cost to protect the 12” sanitary sewer.

During investigation of the water line near the Thompson Building Materials property, an unknown water line connection was located and determined to be a needed service for the facilities onsite. The connection required a new backflow prevention device installed and a new meter installed on the service. The additional cost covers the material and labor for the installation of the 2" meter on the new backflow device.

During construction, a 4” PG&E gas distribution line was found to be in conflict with the proposed 48” storm drain line at the intersection of East Fourth Street and Stockton Avenue.

While waiting for PG&E to redirect their line and remove the conflict, a temporary bypass between the storm drain line and industrial sewer line on East Fourth Street was installed to drain storm water during November/December. The additional costs covers the price of material and labor to install this temporary bypass.

FISCAL IMPACT:

The attached Change Order No. 8 is in the amount of $36,120 and will be funded through the Water, Sewer and Storm Enterprise Capital Funds.

1.3.C
Packet Pg. 75
To summarize the funding sources to date for the Stockton Avenue Rehabilitation project, please see table below.

Amount Fund Balance
(12/31/21)
Original Contract Price $4,747,866.50 n/a
Change Orders (No. 1-8) $ 523,942.90 n/a
Current Contract Price $5,271,809.40
Funding Sources:

RSTP Grant $1,777,000.00 $1,777,000
Measure K Regional Arterial a $1,979,830.76 $2,200,000
Water Enterprise Capital $ 624,368.93 $6,812,083
Sewer Enterprise Capital $ 813,068.94 $1,443,813
Stormwater Enterprise Capital $ 77,540.77 $409,416
Allocated Funding (as of 1/31/22) $5,271,809.40
a. The City of Ripon was allocated $2.2 million of Measure K Regional Arterial funding. As of 1/31/22, $220,169.24 is available to be allocated to future change orders.

Attachments:

1. CO 8_D.A. Wood Construction, Inc

1.3.C
Packet Pg. 76

CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 8 DATE: 2/8/2022
PROJECT: Stockton Avenue Rehabilitation Project SHEET 1 OF 1 SHEETS TO: D.A. Wood Construction, Inc.

NOTE: This change order is not effective until approved by the CITY ENGINEER.

Description Cost
Addition of the following items:

1. Cost for demolition of reinforced guard protecting 36" Storm Drain Pipe $13,325.00

2. Cost of installation of 14" steel sleeve and Type 2 manhole to bypass sewer line conflict $14,405.00

3. Cost of installation of 2" water meter at Thompson Building Materials $4,440.00

4. Cost of installation of 18" temporary bypass to industrial sewer on E. Fourth St. $3,950.00 Total: $36,120.00
Estimated Cost: Increase
Approval Recommended: Date:

Approved: Date:

Accepted, Date _____________________ Contractor
By ___________________________________ Title Project Manager By reason of this order the time of completion will be adjusted as follows: (0) working days for the work associated with Change Order 8, in addition to (15) working days for Change Order 1 work, (49) working days for Change Order 2 work, (17) working days for Change Order 3 work, (5) working days for Change Order 4 work, (6) working days for Change Order 5 work, (0) working days for Change Order 6 work and (5) working days for Change Order 7 work.

Total number of additional working days added is 97.

Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.

Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

Change requested by the Engineer.

If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.

All work shall be in accordance with City Standards.

Approval Chief - Dean Uecker
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$36,120.00
Approval Senior - Kevin Werner

1.3.C.a
Packet Pg. 77
Attachment: CO 8_D.A. Wood Construction, Inc (3300 : Stockton Avenue Rehabilitation Change Order 8) a
Packet Pg. 78
Attachment: Invoice 89693_Provost & Pritchard (3313 : Provost & Pritchard Consulting Group) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 02/08/2022
Subject: Quarterly Investment Report Review
RECOMMENDED ACTION:

Accept the City’s quarterly investment report for the period ending December 31, 2021.

BACKGROUND:

The following report is the City’s quarterly investment report for the period ending December 31, 2021. This report summarizes the City’s investment policy that was adopted by the Council in 1996 and amended in 2003, shows the average interest rate for the last 12 months, and lists individual investments with their balances and interest rates as of the end of the year. The interest rates that are shown on the report are for the 12 month period or quarter then ended.

The City maintains money in both shorter-term daily liquidity investments, such as LAIF, and longer-term investments held at the Bank of New York. The LAIF investment allows the City to earn interest, which is normally lower than the interest from longer-term investments, while the funds remain liquid and can quickly be transferred from time to time to cover operational costs of the City throughout the year. The investments held at The Bank of New York have longer durations, as such, our goal is to not access the funds for liquidity purposes. It is not uncommon during federal tightening cycles for money market funds and pools similar to LAIF to have yields that surpass longer duration portfolios such as the investments held at the Bank of New York. Nevertheless, this occurrence is typically transitory in nature and although market dependent, we expect the longer-term investments to eventually pass the LAIF yield in the near future.

Attachments:

1. Investment report for Council 12.2021
Packet Pg. 79
1 $30,252,323
2 $26,802,502
Ratings
Investments: Agency 29.3% AA+
US Corporate 25.4% A+
US Treasury 25.3% AA+
Money Market Fund 0.4% AAA
ABS 8.9% AAA
Supranational 5.3% AAA
Muni Bonds 0.9% AA‐
CMO 4.5% AAA
Negotiated CD A‐1
3 48,781
4 240
Water revenue bonds ‐ 2012                    1
Interest rate 0.01% at 12/31/21
Bank of Stockton
U S Treasury ‐ (fair value basis 1.0)
Interest rate 0.01% at 12/31/21
U S Bank
Water revenue bonds ‐ 2006
CSJVRMA Pool ‐ fair value
Bank of New York (book value ‐ $26,288,121)
Interest rate 1.28% at 12/31/21
U S Treasury ‐ (fair value basis 1.0)
Based upon the Treasurer’s report, the entire investment of the City of Ripon is in FULL COMPLIANCE with the 2003 City of Ripon Investment Policy and the California Government Code.

As of December 31, 2021, the City’s average interest rate for the last 12 months is 0.71%.

At the end of December 2021, City funds are held in the following investments as listed:

INVESTMENTS
State Treasurer  ‐  LAIF ‐ (fair value basis 1.0)
Interest rate 0.23% at 12/31/21
CITY OF RIPON
Investment Policy
Quarterly Report
October 01, 2021 ‐ December 31, 2021
The City of Ripon’s investment policy was adopted by Resolution 96‐63 on June 18, 1996 and it has been amended by Resolution 03‐68 on August 19, 2003.  This policy provides for the legislative body of a local agency to invest all money belonging to or in the custody of the local agency in accordance with the provisions of California Government Code Sections 5922, 53601 et seq., and 53635.

This quarterly review complies with all of the elements required by California Government Code Section 53646(b).
a
Packet Pg. 80
Attachment: Investment report for Council 12.2021 (3304 : Quarterly Investment Report Review) Investment Report
December 31, 2021

5 1
Total Investments $57,103,848
Lisa Roos
Respectfully Submitted,
Lisa Roos
City Clerk/Finance Director
U S Treasury ‐ (fair value basis 1.0)
Interest rate 0.00% at 12/31/21
U S Bank
Redevelopment agency 2020 tax allocation bonds
This report certifies that all investment actions executed prior to this report have been made in full C:\Users\lroos\Documents\Investment Reports\Investment report for Council.xlsx ‐ 2021.12.31 a
Packet Pg. 81
Attachment: Investment report for Council 12.2021 (3304 : Quarterly Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 02/08/2022
Subject: Terraces at Bethany Home - Aesthetics Consultant Agreement RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the agreement with Carl M. Maxey, Architect to perform an aesthetics study for the Terraces at Bethany project (cost not to exceed $13,600 to be reimbursed by Bethany Home).

BACKGROUND:

City staff has been working with Bethany Home to process their application for a 106,894 square foot, 3-story, 82-unit residential senior living facilities with associated amenities at 816 W. Main Street and 200 Vera Avenue. City staff determined that an aesthetic study would benefit the Planning Commission and City Council in their decision regarding this 3-story project.

DISCUSSION/ANALYSIS:

City staff has requested a scope and fee from Carl M. Maxey Architect to provide a visual simulation of the project and immediate surrounding neighborhoods. This aesthetic study is expected to be complete in approximately 60 days from the approval of this Agreement.

FISCAL IMPACT:

The entire cost of services with Carl M. Maxey, Architect will be reimbursed by Bethany Home whom the City has an active reimbursement agreement with for cost associated with processing their project (The Terraces at Bethany Home).

Attachments:

1. Aesthetics Services Contract for Bethany Home
Packet Pg. 82

GENERAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
CARL M. MAXEY, ARCHITECT
(BETHANY HOME THE TERRACES PROJECT)
This Agreement for General Services (“Agreement”) is entered into on February 8, 2022, (the “Effective Date”) between the City of Ripon (“City”) and Carl M. Maxey, Architect (“Consultant”), (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Work attached hereto as Exhibit “A”. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work,, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.

1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount NOT TO EXCEED THIRTEEN THOUSAND SIX HUNDRED Dollars ($13,600.00) as set forth in Exhibit “B” for all work described in the “Scope of Work” within the Proposal set forth in Exhibit “A” and made a part of this Agreement.

2.1 Invoices. Consultant shall submit invoices once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. a
Packet Pg. 83
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement)

General Services Agreement between
CITY OF RIPON and CARL M. MAXEY, ARCHITECT Page 2 of 7

2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.

3.1 Workers’ Compensation. If Consultant employs any person, Consultant shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident.

3.2 Commercial General and Automobile Liability Insurance. Consultant shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. At the sole option of the City, the City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City.

3.3 All Policies Requirements.

3.3.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 4

3.3.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.

a
Packet Pg. 84
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement)

General Services Agreement between
CITY OF RIPON and CARL M. MAXEY, ARCHITECT Page 3 of 7
Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

4.1 Consultant shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the Consultant. Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liabilities”). Such obligations to defend, hold harmless and indemnity the City shall not apply to the extent that such Liabilities are caused by the sole negligence, recklessness, or willful misconduct of the City.

Section 5. STATUS OF CONSULTANT.

5.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for a
Packet Pg. 85
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement)

General Services Agreement between
CITY OF RIPON and CARL M. MAXEY, ARCHITECT Page 4 of 7
holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;

7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or

7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in Exhibit "A", if any, for material breach of contract by Consultant. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to a
Packet Pg. 86
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement)

General Services Agreement between
CITY OF RIPON and CARL M. MAXEY, ARCHITECT Page 5 of 7
reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.

8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. a
Packet Pg. 87
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement)

General Services Agreement between
CITY OF RIPON and CARL M. MAXEY, ARCHITECT Page 6 of 7

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Ken Zuidervaart, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices. Any written notice to Consultant shall be sent to:

Carl M. Maxey, Architect
6th & Mission (P.O. Box U)
Carmel, CA 93921

Any written notice to the City shall be sent to:

Ken Zuidervaart
Community Development Director
259 N. Wilma Avenue
Ripon, CA. 95366

9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.

9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not a
Packet Pg. 88
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement)

General Services Agreement between
CITY OF RIPON and CARL M. MAXEY, ARCHITECT Page 7 of 7
intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF RIPON CONSULTANT
____________________________ ______________________________ Dean Uecker, Mayor Carl M. Maxey, Architect
Attest:

__________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney
a
Packet Pg. 89
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement) Prepared for the City of Ripon by Carl M. Maxey, Architect, AICP, LEED AP+ND TEL: 831-236-0817 Page 1 5FSSBDFT
BU
#FUIBOZ

Visual Simulation and Analysis Proposal
December 22, 2021
*OUSPEVDUJPO

Visual simulation is a standardized and objective method of representing what proposed projects are expected to look like in the context of the site and the immediate surroundings. The purpose is to provide accurate information that helps decision makers and community members evaluate the project. The simulations must be accurate and verifiable to be defensible. Visual simulations are made by overlaying model views of a digital model of the project with photographic imagery of the existing site and surrounding features. Virtual camera positions in the model and physical camera angles of view must be carefully aligned with those of the physical cameras for an accurate visual simulation. The standard angle of view is 45 degrees, approximating the angle of view of the human eye.
1SPKFDU
6OEFSTUBOEJOH

The proposed Bethany Home Residential Care Facility project is a three story, 82 unit residential facility to be located in the C-1 Neighborhood Commercial District fronting on Vera Avenue at West Main Street in Ripon, California. The neighborhood is developed with one story structures that includes residential, school, and church uses. The proposed project is in conformance with the City’s Zoning Ordinance.

There exists neighborhood and community concern about the potential visual impacts the proposed project could have on nearby uses. The City of Ripon is requiring that visual simulations and a visual resources analysis be performed as a decision making tool for the Planning Commission and the community. The analysis would identify whether or not the visual impacts of the proposed project are considered significant under CEQA.

The work would be performed in January and February dependent on weather conditions with the intention of providing the completed work product in advance of a March Planning Commission hearing. 4DPQF
BOE
"TTVNQUJPOT

The Consultant’s scope of work is based upon the assumption that the applicant would provide a digital file of a 3D model created in Autodesk Revit of the exterior of the buildings, the site, the proposed improvements on site and in the public right-of-way, proposed landscaping, amenities, signage, and any other features the City wishes to appear in the visual simulation. Up to five vantage points of interest approved by City Staff would form the basis of the visual simulations. Additional simulations could be created, if requested in writing by the City, for an additional fee. Each visual simulation would be shown in an identical format with existing conditions images for direct comparison. Camera location, direction and angle of view would be shown for each view.

The visual simulation process requires verifying and accurately registering and overlaying model views of a scale digital model with location photographic imagery of the site and nearby features. Virtual camera positions in the model and physical camera angles of view must be carefully aligned with those of the physical cameras for an accurate visual simulation. The standard angle of view is 45 degrees, approximating the angle of view of the human eye.

Exhibit A
a
Packet Pg. 90
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement) Prepared for the City of Ripon by Carl M. Maxey, Architect, AICP, LEED AP+ND TEL: 831-236-0817 Page 2 5BTLT
BOE
$PTU
Carl M. Maxey, Architect (The Consultant) would perform the work described in this proposal for a total fee of $13,600.

Visual Simulation Task 1. Verify Proposed Vantage Locations and Visual Simulations.

Meet with City Staff to identify initial locations that would be most useful for evaluating potential visual impacts.

Based on preliminary review, some potential vantage points for consideration might be:

1. 2nd Street just West of Vera Avenue, South side of street

2. Vera Avenue 150 feet North of 2nd Street

3. Main Street 250 feet West of Vera near Ripon Farmers Market identified on google earth

4. Main Street 400 feet East of Vera near Harvest High School

5. Pre-school across the street from proposed project
Deliverables:
 Preparation and remote meeting with Staff,
 summary notes documenting simulation and visual analyses decisions, and  post photography confirmation with Staff of photos to be used for the simulations.

Cost $160 Expected level of effort: 1-2 hours Time to complete: 1 day Visual Simulation Task 2. Location Planning and Obtain Photographic Images The Consultant would perform location planning including best time of day and camera positions on the ground.

Several images for each vantage point would be taken and logged with time of day and GPS position and view angle relative to the site. Photos would be evaluated before leaving the site. The Consultant would review photos with Staff, and the selected photos refined for use in exhibits and to serve as the base for creating the visual simulations. Actual camera positions would be mapped on an exhibit showing position relative to the project, view direction and camera angle of view. Photogrammetry using a 2 lb. “DJI” ‘Mavic 2’ quadrotor may be used to increase data collection efficiency and assist with image registration. This proposal assumes that if the City requires a permit for an FAA licensed pilot to fly the site, the City would issue the permit without cost to the Consultant. A visual observer engaged by the Consultant would assist the Consultant consistent with FAA protocols.

Deliverables: Existing Condition Photographs, Map(s) of Camera Locations Cost $1,920 Expected level of effort: 12 hours Time to complete: 2 days Visual Simulation Task 3. Create up to Five Visual Simulations and Exhibits Five visual simulations would be created from the digital model outputs and the site photographs. The simulations would be created using digital photographs, digital models in Autodesk Revit and Lumion renderings. Up to five visual simulations would be created and presented as 11 x 17 pdf exhibits showing each view as existing and with the project for direct comparison along with a location map showing the camera position and angle of view for each.

Deliverables: Up to five exhibits in .pdf format, 11” x 17” page layout Cost $8,960 Expected level of effort: 56-60 hours Time to complete: 2 weeks a
Packet Pg. 91
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement) Prepared for the City of Ripon by Carl M. Maxey, Architect, AICP, LEED AP+ND TEL: 831-236-0817 Page 3 Visual Simulation Task 4. Assess Visual Impacts and Prepare the Analysis The visual analysis use standard CEQA visual resources impacts questions to assess whether visual impacts are below the thresholds of significance for CEQA (Negative Declaration).

Would the project

1. Have a substantial adverse effect on a scenic vista?

2. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?

3. Substantially degrade the existing visual character or quality of the site and its surroundings?

4. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Deliverables: Draft and Final Analysis with Visual Simulation Exhibits in Adobe Acrobat (.PDF) files.

Cost $2560 Expected level of effort: 16-20 hours Time to complete 2 weeks 0QUJPOBM
5BTLT
Optional Task 4A. Create Additional Visual Simulations
Additional simulations could be created on request for an additional cost. &YDMVTJPOT
GSPN UIF
4DPQF PG
8PSL
Anything not identified in the Scope of Work above, modeling any improvements, the site, topography, or adjacent structures, any costs of obtaining files, maps, or data, and changing views after preferred views are agreed by Staff or after simulations are created is not included in this scope but could be performed at additional cost if required. Additional work or direct costs would require a written contract change. Anything not explicitly identified in this scope of work is excluded. a
Packet Pg. 92
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement) 1 PLANNING SERVICES AGREEMENT
1BSUJFT
UP
UIF
"HSFFNFOU

This services agreement is between the parties shown below:

CLIENT: City of Ripon, California
Business contact: Mr. Ken Zuidervaart, Director of Planning, Building 259 N. Wilma Avenue
Ripon, CA 95366
Phone: 209-599-0222
Email: [email protected]
CONSULTANT: Carl Maxey, Architect, a sole proprietor
Business contact: PO Box U, Carmel-by-the-Sea, CA 936921 Phone: 831.236.0817
Email: [email protected]
1SPKFDU
%FTDSJQUJPO

The project description and scope of work are shown on the attached Visual Simulation and Analysis Proposal dated December 22, 2021
$PNQFOTBUJPO

The work scope is defined therefore compensation will be based on fixed fee. The Client will pay the Consultant the total sum of $13, 600 as follows:
$2,000 upon completion and delivery of Tasks 1 & 2
$8,000 upon completion and delivery of Task 3
$3,600 upon completion and delivery of Task 4
"EEJUJPOBM
4FSWJDFT

Any additional work scope not identified above shall be performed only after the scope and fees are agreed by both parties and documented in writing. Additional work not identified in this scope will be performed on a Time and Materials basis at the rate of $160 per hour. Rates are subject to change after the 2022 calendar year.

Exhibit B a
Packet Pg. 93
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement) 2 0XOFSTIJQ
PG
%PDVNFOUT
The drawings, specifications and other documents, including those in electronic form, produced by Consultant under this agreement are for use solely with respect to the Project. Consultant shall be deemed the owner of these documents and shall retain all common law, statutory and other reserved rights, including copyright. Upon the execution of this agreement, Consultant grants to the Client a nonexclusive license to reproduce Consultant’s documents for the planning review process. Any termination of this agreement prior to completion of the Project, or any failure of Client to pay Consultant, shall terminate this license. Any unauthorized use of Consultant’s documents shall be at Client’s sole risk and without liability to Consultant. 4DIFEVMF
Consultant shall proceed expeditiously upon receipt of signed agreement. Consultant is not responsible for delays by Applicant or Client.
5FSNJOBUJPO
This agreement can be terminated by either party without or with cause with 5 business days’ notice delivered via email. In the event of termination, the Client shall receive work completed up to the effective termination date, and the Consultant shall receive payment for services rendered up to the effective termination date. This agreement terminates automatically at the end of 12 months from Client’s signature date.
4FWFSBCJMJUZ
If any part of this agreement is found to be invalid, the remaining parts of this agreement shall remain in effect.
(PWFSOJOH
-BX
This agreement shall be governed by California law.

Signature and date below indicates agreement:
____________________________ December 23, 2021 ___________________________________ CONSULTANT: Carl Maxey, Architect CLIENT: Ken Zuidervaart, Planning Director, City of Ripon ADDRESS: PO Box U, Carmel, CA 93921 ADDRESS: 259 N. Wilma Avenue, Ripon, CA 95366 [email protected] [email protected]
C18160 EXP 10/31/2023
Architects are licensed and regulated by the California Architects Board located at 2420 Del Paso Road, Suite 105, Sacramento, CA 95834
a
Packet Pg. 94
Attachment: Aesthetics Services Contract for Bethany Home (3311 : Terraces at Bethany Home - Aesthetics Consultant Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 02/08/2022
Subject: Organic Waste Diversion Regulations
RECOMMENDED ACTION:

This ordinance amends Chapter 8.12 Garbage Collection and Disposal to the Ripon Municipal Code in order to include the new State of California Organic Waste Diversion regulations.

BACKGROUND:

The City of Ripon along with all jurisdictions in California, are subject to several California solid waste laws. The most recent piece of legislation is SB1383 which requires jurisdictions to adopt enforceable ordinances that are consistent with the requirements of the Organic Waste Diversion regulations to mandate compliance from organic waste generators, haulers and other entities.

The law establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy and establishes a target of a 50 percent organics disposal reduction by 2020 and a 75 percent reduction by 2025 using 2014 as the baseline. The law also grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.

DISCUSSION/ANALYSIS:

The ordinance amends Chapter 8.12 Garbage Collection and Disposal to the Ripon Municipal Code in order to include the new Organic Waste Diversion regulations. The regulations referenced are very restrictive and include most sectors such as residential, commercial businesses, commercial food generators, schools, industrial and government entities. Each resident and business must subscribe to an organic waste collection service that either source separates the waste (separate bins) or transports all unsegregated waste to a facility that recovers 75 percent of the organic content collected from the system. The ordinance has several references to the CalRecycle Organic Waste Reduction regulations which are enforced through

2.A
Packet Pg. 95
the California Code of Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.

FISCAL IMPACT:

The implementation of these mandated regulations will result in a significant increase in the City’s Garbage Enterprise Fund operating expenses. These anticipated additional expenses will result from additional tipping fees at the disposal and composting facilities used by the City, changes to the City’s collection routes, and staff time to complete all public outreach and reporting that is required to be in compliance with these new regulations. Since the regulations are so new and dramatically change solid waste collection for cities, local agencies and disposal facilities are still determining the extent of the cost increases.

2.A
Packet Pg. 96
ORDINANCE NO. 912

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RIPON AMENDING THE CITY OF RIPON MUNICIPAL
CODE, TITLE 8, CHAPTER 8.12 ENTITLED “GARBAGE
COLLECTION AND DISPOSAL”; PROVIDING DEFINITIONS

AND PROVIDING FOR AN EFFECTIVE DATE
NOW THEREFORE, the City of Ripon does ordain as follows:

SECTION 1. AMENDING CHAPTER 8.12 TO THE RIPON MUNICIPAL CODE.

Chapter 8.12 to the Ripon Municipal Code is hereby amended to include the following:

Sections:

8.12.015 Purpose

8.12.020 Definitions

8.12.030 Single-Family Generators

8.12.040 Commercial Businesses

8.12.050 Waivers for Generators

8.12.060 Requirements for Commercial Edible Food Generators

8.12.070 Requirements for Food Recovery Organizations and Services

8.12.080 Licensed Collectors and Organic Waste Facility Operators

8.12.090 Self-Haulers

8.12.100 Procurement

8.12.110 Inspections and Investigations by County or its Designees

8.12.120 Enforcement

8.12.015 Purpose
(a) State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment. (b) State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of,

2.A
Packet Pg. 97
the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.
(c) State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter

12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.
(d) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
(e) SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity according to the State of California by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.

8.12.020 Definitions
For purposes of this Chapter, the following definitions apply:
(a) "Blue Container' has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.
(b) "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

2.A
Packet Pg. 98
(c) "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others). (d) "C&D" means construction and demolition debris and has the same meaning as "Construction, Demolition and Landscaping Debris"
(e) "Waste Collection Route" means the designated itinerary or sequence of stops for each segment of the City's collection service area.
(f) "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether forprofit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A MultiFamily Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter.
(g) “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in (mmm) and (nnn) of this section.
(h) "Community Composting" means any activity that composts green material, agricultural material, Food material, and vegetative Food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). (i) "Compliance Review" means a review of records by the City to determine compliance with this Chapter.
(j) "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which states that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility. (k) "Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
(l) "Designee" means an entity or individual that the County contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a City Department or its representative, a Permitted Waste Collector, a public or private entity, or a combination of those entities.

2.A
Packet Pg. 99
(m) “Edible Food” means unsold or unserved Food that is fit for human consumption, even though the Food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. For the purposes of these regulations, “Edible Food” is not Solid Waste if it is recovered and not discarded. (n) "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
(o) “Environmental Health Department” means the San Joaquin County Environmental Health Department.
(p) "Excluded Waste" means hazardous substance; hazardous waste; infectious waste; designated waste; volatile waste; corrosive waste; medical waste; infectious waste; regulated radioactive waste; and toxic substances or material that any facility operator which receives materials from the County and its Generators reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance.

This includes used motor oil and filters; household batteries; universal wastes; and/or latex paint; land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in County's, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose County, or its Designee, to potential liability. (q) “Food” has the same meaning as in Section 113781 of the Health and Safety Code.
(r) “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.
(s) “Food Distributor” means a company that distributes Food to entities including, but no limited to. Supermarkets and Grocery Stores.
(t) “Food Recovery” means actions to collect and distribute Food for human consumption which otherwise would be disposed.
(u) “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of excess Edible Food from Edible Food Generators and distributes that Edible Food to the public for consumption, including, but not limited to:
(A) A Food bank as defined in Section 113783 of the Health and Safety Code; (B) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code

2.A
Packet Pg. 100
(C) A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.
(v) “Food Recovery Service” means a person or entity that collects and transports Edible Food from an Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.
(w) “Food Service Provider” means an entity primarily engaged in providing Food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations. (x) "Generator" means a person or entity that is responsible for the initial creation of any waste material.
(y) "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. (z) "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).
(aa) "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste.
(bb) “Grocery Store” means a store primarily engaged in the retail sale of canned Food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the Food is prepared and served, including a bakery, deli, and meat and seafood departments. Grocery Store includes convenience stores.
(cc) “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.
(dd) "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

2.A
Packet Pg. 101
(ee) “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.
(ff) "Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35). (gg) "Jurisdiction" means a City, County, a City and County, or a special district that provides Solid Waste collection services.
(hh) “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
(ii) “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site is a single Large Venue. (jj) “Permitted Waste Collector" has the same meaning as in Section 8.12.130 of Title 8 of the City of Ripon Municipal Code and includes any person to whom a residential refuse collection contract has been awarded by the City. (kk) “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste.
(ll) "Mixed Waste" or "Mixed Waste Organic Collection Stream” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a High Diversion Organic Waste Processing Facility.
(mm) "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. MultiFamily dwellings are considered Commercial Businesses for the purpose of this Chapter. They do not include Hotels, motels, or other transient occupancy facilities, which are also considered Commercial Businesses.

2.A
Packet Pg. 102
(nn) "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
(oo) "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
(pp) "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45).
(qq) "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to Food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). (rr) "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
(ss) "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). (tt) "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
(uu) "Prohibited Container Contaminants" means the following: (1) material placed in a container which is not designated for that container under the system provided by the customer's Licensed Collector; or (2) Excluded Waste placed in any container.
(vv) "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49). (ww) "Remote Monitoring" means the use of the internet of things (IoT) and/or electronic devices to visualize the contents any container in a Licensed Collector's collection system to identify the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

2.A
Packet Pg. 103
(xx) “Restaurant” means an establishment primarily engaged in the retail sale of Food and drinks for on premises or immediate consumption.
(yy) "Route Review" means a visual Inspection of containers along a Collector Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
(zz) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
(aaa) "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
(bbb) "Self-Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable material that is self-generated to another person. Self-Hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment.
(ccc) “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.
(ddd) "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.
(eee) "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such

2.A
Packet Pg. 104
that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing. (fff) "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes (Paper Products, printing and writing paper, wood and dry lumber and textiles) that can be placed in a Blue Container pursuant to 14 CCR Section 18984.1(a)(2).
(ggg) "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding carpets, hazardous wood waste, and Non-Compostable Paper. (hhh) "Source Separated Organic Waste" means Organic Waste that is placed in a container that is specifically intended for the separate collection of Organic Waste by the Generator.
(iii) "Source Separated Recyclable Materials" means material that is placed in a Blue Container composed of Source Separated Non-Organic Recyclables and any Source Separated Blue Container Organic Waste that is designated by the City or Permitted Waste Collector for placement in a Blue Container. (jjj) "State" means the State of California.
(kkk) “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items. (lll) "Three-Plus Container System" means a collection system that provides additional containers or split containers in an existing three-container system. (mmm) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(A) Supermarket.
(B) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(C) Food service provider.
(D) Food distributor
(E) Wholesale Food vendor.
(nnn) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

2.A
Packet Pg. 105
(A) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(B) Hotel with an onsite Food Facility and 200 or more rooms. (C) Health Facility with an on-site Food Facility and 100 or more beds. (E) Large Venue.
(F) Large Event.
(G) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. (H) A Local Education Agency facility with an on-site Food Facility. (ooo) "Waste Evaluation" means an audit of any waste stream to determine the level of contamination in the waste stream being measured, in accordance with the requirements of 14 CCR Section 18984.5(c).
(ppp) “Wholesale Food Vendor” means a Food establishment in which Food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.

8.12.030 Single-Family Generators
With the exception of Single-Family Generators that meet the Self-Hauler requirements in Section 8.12.090 of this Chapter, a Single-Family Organic Waste Generator shall:
(a) Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 8.12.030(b) through (d). City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials.
(b) Adjust its service level for its collection services as requested by the City. (c) Place designated materials in separate containers in accordance with the City collection system. Generator shall not place Prohibited Container Contaminants in collection containers.
(d) Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

2.A
Packet Pg. 106

8.12.040 Commercial Businesses
A Generator that is a Commercial Business shall:
(a) Subscribe to a City approved collection services and comply with requirements of those services as described below in Section 8.12.040(b) through (l), except Commercial Businesses that meet the Self-Hauler requirements in Section

8.12.090 of this Chapter. The City or Permitted Waste Collectors shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. A Commercial Business shall adjust its collection service levels as requested. (b) Place designated materials in separate containers in accordance with the City or Permitted Waste Collector's collection system. Generator shall not place Prohibited Container Contaminants in collection containers. Self-Haulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.
(c) Supply and allow access in common areas to adequate number, size and location of collection containers for employees, contractors, tenants, and customers. Such containers shall have sufficient labels or colors, consistent with the City or Permitted Waste Collector’s collection system. If self-hauling, such labels or colors shall be consistent with a Commercial Business' instructions to support its compliance with self-haul requirements of Section 8.12.090. (d) Provide containers for the collection of Organic Waste and Source Separated Recyclables as determined by the City or Permitted Waste Collector's collection system in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in areas where disposal containers are provided for customers.

Pursuant to 14 CCR Section 18984.9(b), the containers provided by a Commercial Business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided or approved by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of SB 1383 prior to the end of the useful life of those containers. All containers must comply by January 1, 2036, and any new container purchased on or after January 1, 2022 shall follow the color requirements of SB 1383; or
(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials

2.A
Packet Pg. 107
prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements in this Chapter are required on new containers commencing January 1, 2022.

Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section

8.12.040(d) pursuant to 14 CCR Section 18984.9(b).
(e) Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing materials in a container not designated for those materials per the City or Permitted Waste Collector's collection system. If selfhauling, such education shall follow a Commercial Business' instructions to support its compliance with the self-haul requirements of 8.12.090. Multi-Family Residential Dwellings are exempt from this requirement. (f) Perform periodic Inspections of all containers provided in the City or Permitted Waste Collector's collection system for contamination and inform employees if containers are contaminated and of the requirement to keep Prohibited Container Contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

Multi-Family Residential Dwellings are exempt from this requirement. (g) Provide information annually to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and (when applicable) Source Separated Recyclable Materials.
(h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants of the requirement to keep Prohibited Container Contaminants out of all containers in accordance with the City’s or Permitted Waste Collector’s collection system. If self-hauling, such education information shall be consistent with the self-haul requirements of Section 8.12.090. (i) Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Section 8.12.110 of this Chapter, in order to confirm compliance with the requirements of this Chapter. (j) Accommodate and cooperate with a Remote Monitoring program, which may be implemented by the City at a later date. Such a Remote Monitoring program shall be for Inspection of the contents of containers for Prohibited Container Contaminants and shall involve installation of Remote Monitoring equipment on or in any container in the City’s or Permitted Waste Collector's collection system. (k) Implement at its own discretion a Remote Monitoring program for Inspection of the contents of the containers that are provided by the City or a Permitted Waste Collector. Said program is subject to approval by City.

2.A
Packet Pg. 108
(l) Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(m) Meet the Self-Hauler requirements in Section 8.12.090 of this Chapter, if a Commercial Business determines to self-haul.

8.12.050 Waivers for Generators
(a) De Minimis Waiver:

For Two-Container, Three-Container or Three-Plus Container Systems, the City may waive a Commercial Business's obligation to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.12.050(a)(2) below.

Commercial Businesses requesting a De Minimis Waiver shall:
(1) Submit a City-approved application specifying the services that they are requesting a waiver from and provide documentation as noted in Section

8.12.050(a)(2) below.
(2) Provide documentation in a City-approved format that either:
(A) The Commercial Business's total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business's total waste; or
(B) The Commercial Business's total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business's total waste.
(3) Notify City if circumstances change such that the Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.
(4) Provide City-approved written verification of eligibility for De Minimis Waiver every five (5) years, if City has approved De Minimis Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses are meeting De Minimis Waivers for compliance with this Chapter.
(b) Physical Space Waiver:

2.A
Packet Pg. 109
Given inadequate space for collection containers, for Two-Container, Three-Container or Three-Plus Container Systems, City may waive the obligations of a Commercial Business (or the owner of the property where a Commercial Business is located) or resident to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements. The granting of this waiver requires evidence from the City's own staff, a Permitted Waste Collector Collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Sections 8.12.030 or 8.12.040.

A Physical Space Waiver may be requested through the following process:
(1) Submit a City-approved application form specifying the type(s) of collection services for which they are requesting a compliance waiver. (2) For Three-container or Three-plus container collection systems, provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.

For a Two-container collection system, provide documentation that the premises lack adequate space for either Blue Containers or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.
(3) Provide written City-approved verification to City that it is still eligible for Physical Space Waiver every five (5) years, if City has approved application for a Physical Space Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses and residences are meeting Physical Space Waivers for compliance with this Chapter.

8.12.060 Requirements for Commercial Edible Food Generators (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
(b) Large Venue or Large Event operators not providing Food services, but allowing for Food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
(c) Commercial Edible Food Generators shall comply with the following requirements:

2.A
Packet Pg. 110
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.
(3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service. (4) Allow the City or designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
(5) Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of Food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery
Organization.
(iii) The established frequency that Food will be collected or self-hauled.
(iv) The quantity of Food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Share Table and school Food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the

2.A
Packet Pg. 111
Education Code, and to amend Section 114079 of the Health and Safety Code, relating to Food safety, as amended, supplemented, superseded and replaced from time to time).

8.12.070 Requirements for Food Recovery Organizations, Services, and Jurisdictions (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. (2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
(b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
(c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Ripon and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 1 of each year.

2.A
Packet Pg. 112
(d) Food Recovery Capacity Planning
(1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction.

8.12.080 Permitted Waste Collectors and Organic Waste Facility Operators. (a) Requirements for Permitted Waste Collectors, as defined in section 8.12 of the City of Ripon Municipal Code:
(1) A Permitted Waste Collector, as a condition for authorization to collect Waste within the City of Ripon, shall comply with all collection requirements contained in SB 1383 Regulations, including but not limited to: providing approved collection systems; providing education to customers; providing equipment, container labeling, and correct container colors; performing contamination monitoring; and meeting prescribed reporting requirements.
(2) The Permitted Waste Collector shall:
(A) Obtain written approval from City to collect Organic Waste within the City, pursuant to 14 CCR Section 18988.2.
(i) For non-franchised Permitted Waste Collectors, a written statement from the Department of Public Works shall
constitute approval.
(B) Keep a record of the documentation of its approval by City to collect Organic Waste within the City.
(C) Identify, through written notice to the City annually on or before October 31 of each year, the facilities to which it will transport each material type from its collection activities in the City in the following year. Reported material types shall be identified by the following categories: Source Separated Recyclable Materials,

2.A
Packet Pg. 113
Source Separated Green Container Organic Waste, Mixed Waste, or Gray Container Waste.
(D) Provide container collection services in the City as specified in 14 CCR, Division 7, Chapter 12, Article 3.
(E) Transport Source Separated Recyclable Materials to a facility that recovers all Source Separated Recyclable Materials collected in the designated container.
(F) Transport Source Separated Green Container Organic Waste to a facility that recovers Source Separated Organic Waste.
(G) Transport Mixed Waste to a High Diversion Organic Waste Processing Facility.
(H) Perform either Route Reviews or Waste Evaluations on all Commercial Business Collection Routes within the City of Ripon pursuant to Section 8.12.120(c) of this Chapter and the Container Contamination monitoring requirements of 14 CCR Section 18984.5.
(I) Submit a Route Review or Waste Evaluation plan and
methodology annually or as requested by City for approval. (J) Submit annually a report to City summarizing the results of each Route Review with location of each violation identified. (K) Submit annually to City an overall SB 1383 customer compliance report in a format approved by City, including a list of noncompliant customer names, addresses and service levels. (L) Develop SB 1383 educational materials, pursuant to 14 CCR Section 18985.1, for issue to Commercial Businesses for general education and for violations of SB 1383 requirements. City shall approve such materials prior to issue.
(M) Issue SB 1383 educational materials annually to all Commercial Businesses that are provided Organic Waste collection service, pursuant to 14 CCR Section 18985.1.
(N) Receive annually from City a list of Commercial Businesses with waivers from SB 1383 requirements.

2.A
Packet Pg. 114
(O) Provide annually, to the extent of the Permitted Waste Collector's knowledge, to City a list of Commercial Businesses without collection service, in order to assist City in monitoring SB 1383 Self-Hauler requirements.
(P) Provide, at request of City, any information necessary for City to fulfill its SB 1383 reporting obligations to CalRecycle as specified in 14 CCR Sections 18994.1 and 18994.2.
(3) City may establish, through Resolution by the City Council, a fee paid by the Permitted Waste Collector to offset costs incurred by City related to compliance with this Chapter.
(b) Requirements for Organic Waste Facility Operators and Community Composting Operations:
(1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.

All such entities contacted by City shall respond within 60 days. (2) Community Composting Operators, upon City's request, shall provide information to City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. All such entities contacted by City shall respond within 60 days.

8.12.090 Self-Haulers
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste from Solid Waste generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3. (b) Self-Haulers shall haul their materials to facilities which recover said materials in accordance with requirements of 14 CCR Sections 18984.1 18984.2 and 18984.3:
(1) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers such materials.
(2) Self-Haulers shall haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.

2.A
Packet Pg. 115
(3) Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(4) Self-Haulers shall haul Mixed Waste, if applicable, to a High Diversion Organic Waste Processing Facility.
(5) Self-Haulers shall haul Gray Container Waste, to a licensed California Solid Waste Facility.
(c) Self-Haulers shall keep a record of the amount of all waste materials described in

8.12.090(b) delivered to each Solid Waste facility, operation, activity, or property that processes or recovers such materials; this record shall be subject to Inspection by the City. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the Generator to each entity.
(3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the materials described in 8.12.090(b). (d) Self-Haulers that are Commercial Businesses (including Multi-Family SelfHaulers) shall provide information collected in Section 8.12.090(c) to City upon request.
(e) A residential Organic Waste Generator that self-hauls Organic Waste is not required to record or report information in Section 8.12.090(c). (f) Self-Haulers shall comply with all applicable sections of the City of Ripon Municipal Code.

8.12.100 Procurement
(a) Ripon departments, and direct service providers to the City, as applicable, must comply with the procurement requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 12) and shall be detailed in the City of Ripon Procurement Policy.

8.12.110 Inspections and Investigations by City or Its Designees. (a) City representatives and their Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility to confirm compliance

2.A
Packet Pg. 116
with this Chapter. This shall apply to Organic Waste Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, Permitted Waste Collectors, and Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

For the purposes of inspecting Commercial Business containers for compliance with Section 8.12.040(b) of this Chapter, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 8.12.040(k) of this Chapter.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City employees or their Designees during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, records, Edible Food Recovery activities, or any other requirement of this Chapter. Failure to provide or arrange for access to an entity's premises or access to records for any Inspection or investigation is a violation of this Chapter.
(c) Any records obtained by City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq. (d) City representatives and Designees are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) City shall receive written complaints from persons regarding any entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

8.12.120 Enforcement.
(a) With the exception of Prohibited Container Contaminants violations, as addressed under Section 8.12.120(c), violation of any provision of this Chapter may subject the violator to Enforcement Actions indicated.
(b) City may choose to delay Enforcement Action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that Enforcement Action is a reasonable use of City staff and resources. (c) Process for Determining Compliance with this Chapter

2.A
Packet Pg. 117
(1) The City shall monitor compliance with this Chapter through Compliance Reviews, Route Reviews, Waste Evaluations, investigation of complaints, and an Inspection program (that may include Remote Monitoring). (2) For any incidence of Prohibited Container Contaminants found in a Route Review of commercial or residential containers, the City or Permitted Waste Collector, as City’s Designee, shall notice the Generator that a violation has occurred. Such notice shall be provided immediately via a cart tag upon identification of the Prohibited Container Contaminants, or by other communication within fourteen (14) days after determining that a violation has occurred.

If City or its Designee observes Prohibited Container Contaminants in a Generator's containers on more than three (3) consecutive occasions, or six (6) total occasions in any twelve (12) month period, City may issue a formal Notice of Violation, followed by civil penalties. (3) With the exception of violations of Container Contamination addressed under Section 8.12.120(c)(2), for any violation of this Chapter City may issue a Notice of Violation requiring compliance within 60 days of issuance of the Notice of Violation, or a shorter time period of the City determines the violation constitutes a risk to public health and safety or a longer time period if City determines that extenuating circumstances exist that make compliance with the deadline impracticable.
(4) The City or its designee shall administer and enforce any and all provisions in this Chapter related to Edible Food waste, including Sections

8.12.060 and 8.12.070.
(5) Absent compliance by the violator within the deadline set forth in the Notice of Violation, City may commence an action to impose penalties and fines.

Any Notice of Violation shall be sent to the listed "owner" at their address of record. If no such address is available, the Notice of Violation shall be sent to the owner at the address where the violation occurred or to the party responsible for paying for the collection services, depending upon available information. (d) Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City shall conduct Inspections, Remote Monitoring, Route Reviews, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this Chapter. If City determines that an entity is not in compliance, City shall provide educational materials to the entity describing its obligations under this Chapter and that violations may be subject to civil penalties starting on January 1, 2024.

2.A
Packet Pg. 118
(e) Enforcement Table
With the exception of Container Contamination violations addressed under Section

8.12.120(c)(2), violation of any provision of this Chapter, including but not limited to the violations listed below, City may commence an action to impose penalties and fines.

Code Section Description of Violation
Single-Family Generator
Requirement:

Section 8.12.030
Single-Family Organic Waste Generator fails to
source separate waste materials into appropriate
containers in accordance with City or Permitted
Waste Collector’s collection system.

Commercial Business
Requirement:

Sections 8.12.040
Commercial Business that does not self-haul, fails to
provide or arrange for Organic Waste collection
service through a Permitted Waste Collector.

Commercial Business
Requirement:

Sections 8.12.040
Commercial Business fails to supply and allow
access to adequate numbers, size, and location of
containers and sufficient signage, labelling, and
container color.

Commercial Business
Requirement: Section

8.12.040
Commercial Business fails to provide or arrange for
access to its premises for any Inspection or
investigation by City.

Licensed Collector
Requirement:

Section 8.12.080
A Permitted Waste Collector providing residential,
commercial or industrial Organic Waste collection
service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic
Waste, as prescribed by this Chapter.

Licensed Collector
Requirement:

Section 8.12.080
A Permitted Waste Collector providing residential,
commercial, or industrial Organic Waste collection
service fails to obtain approval issued by City to haul Organic Waste as prescribed by this Chapter.

Licensed Collector
Requirement:

Section 8.12.080
A Permitted Waste Collector fails to keep a record of
the applicable documentation of its approval by City
to collect Organic Waste, as prescribed by this
Chapter.

Organic Waste Facility
Operator Requirement:

Section 8.12.080
An entity fails to respond within 60 days to City’s
request for information necessary for organics
Recovery capacity planning. Such information may
include available, potential new or expanded
capacity at entity’s facility, including information
about throughput and permitted capacity.

Self-Hauler Requirement:

Section 8.12.090
A Self-Hauler fails to comply with the requirements
of this Chapter, such as failing to source separate
Organic Waste or failing to deliver such waste to a
facility that will recover it.

2.A
Packet Pg. 119
Commercial Edible Food
Generator Requirement
Section 8.12.060
Tier One Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its
Edible Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2022.

Commercial Edible Food
Generator Requirement
Section 8.12.060
Tier Two Commercial Edible Food Generator fails to
arrange to recover the maximum amount of its
Edible Food that would otherwise be disposed by
establishing a contract or written agreement with a
Food Recovery Organization or Food Recovery
Service and comply with this Section commencing
Jan. 1, 2024.

Commercial Edible Food
Generator Requirement
Section 8.12.060
Tier One or Tier Two Commercial Edible Food
Generator intentionally spoils Edible Food that is
capable of being recovered by a Food Recovery
Organization or Food Recovery Service.

Commercial Business,
Commercial Edible Food
Generator, Food Recovery
Organization or Food
Recovery Service
Sections 8.12.060 and

8.12.070
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.

Recordkeeping Requirements
for Commercial Edible Food
Generator
Section 8.12.060
Tier One or Tier Two Commercial Edible Food
Generator fails to keep records, as prescribed by
Section 8.12.060.

Recordkeeping Requirements
for Food Recovery Services
and Food Recovery
Organizations
Section 8.12.070
A Food Recovery Organization or Food Recovery
Service that has established a contract or written
agreement to collect or receive Edible Food directly
from a Commercial Edible Food Generator pursuant
to 14 CCR Section 18991.3(b) fails to keep records,
as prescribed by 8.12.070.
(f) Penalty Amounts
The penalty levels are as follows:
(1) For a first violation, the penalty amount shall be $50 per violation. (2) For a second violation, the penalty amount shall be $100 per violation. (3) For a third or subsequent violation, the penalty amount shall be $250 per violation.

2.A
Packet Pg. 120
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.

Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 3. NO MANDATORY DUTY OF CARE This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of February, 2022, by the following vote:

RESULT: FIRST READING [UNANIMOUS] Next: 3/8/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
DEAN UECKER, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

2.A
Packet Pg. 121
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 02/08/2022
Subject: San Joaquin One Voice Advocacy Trip 2022
RECOMMENDED ACTION:

City Council to consider approving the Ripon Multi-Modal station as the City of Ripon “Regional Transportation Project” and the North Ripon / River Rd. Signalized Intersection Improvement Project as the City of Ripon “Local Priority Project” for the 2022 Once Voice trip.

Additionally, in the last few years, the City Council has sent the City Administrator and a Council Member to advocate not only for Ripon’s projects, but also important regional projects and regional transportation policies. If the City Council is interested in sending a representative or representatives to participate in the 2022 One Voice trip, please designate and approve the City’s representative(s) to attend.

BACKGROUND:

The efforts of the One Voice® program provides the platform to effectively advocate for policy and regulatory reform and for preservation of funding programs crucial to projects that bring economic prosperity to San Joaquin County while improving transportation choices and infrastructure.

Although Congress stopped earmarking funds in 2010, the federal government still distributes billions of dollars through formula and discretionary programs. The San Joaquin One Voice® delegates take this opportunity to receive counsel from legislators, legislative staff, and the administration about the various federal programs and how our region can successfully compete in the grant process.

DISCUSSION/ANALYSIS:

San Joaquin Council of Governments (SJCOG) has requested project submittals for the 2022 San Joaquin One Voice trip. SJCOG is seeking projects that are regionally significant and that provide a community-wide benefit. Ripon is authorized to submit one (1) regional transportation

3.A
Packet Pg. 122
project and one (1) local project (transportation or other). Non-profit organizations are also eligible to participate in the process by acquiring an endorsement from the local jurisdiction.

Submitted projects will be reviewed by SJCOG staff and the SJCOG Executive Committee and will be subject to the approval by the full SJCOG Board to be included as part of the 2022 One Voice trip. Funding as a result of the One Voice efforts have been limited. In the last three years, only the Regional Transit District and the Stockton Metropolitan Airport have been awarded funding.

Last year, Ripon submitted the “Ripon Multi-Modal Station” and the “North Ripon / River Signalized Intersection” projects for consideration, but the trip was canceled because of the COVID-19 pandemic. The schedule for this year’s trip does conflict with the May 10th Ripon City Council meeting. Any participants attending the One Voice trip can participate in the City Council meeting through zoom, or the council meeting can be rescheduled, whichever the City Council desires.

Below is a brief summary of the proposed One-Voice projects.

Regional Transportation Project: Ripon Multi-Modal Station The City of Ripon is proposing to construct a 10,000 square foot multi-modal station near downtown Ripon. The proposed project includes off-street parking, community meeting room, a bus loading and staging area, and a future rail platform for the ACE Train. This multi-modal station would provide a number of benefits, not only to the residents of Ripon, but the region, including:
 Downtown Economic Vitality
 Regional Ace Station Service
 Air Quality Improvement
In August 2017, the City purchased the property for the future multi-modal station and has received $3,905,000 of Federal Transit Administration funding towards the design, environmental, and construction phases of the project. Without a preliminary design completed, staff is estimating the total capital cost of this project to be $11,141,000, which would leave a funding gap of $7,236,000. Staff is recommending this project be included as part of the City’s transportation request for the 2022 One Voice trip.

Local Priority Project: North Ripon / River Signalized Intersection The roundabout located at North Ripon Road and River Road was constructed in late 2006 as part of the Cornerstone residential development project. At that time, the developer was not able to obtain the necessary right of way to construct a full-size roundabout that was intended for the intersection; therefore, a smaller interim roundabout was constructed.

Because of planned growth in the area, the City of Ripon is currently planning a signalized controlled intersection at the North Ripon Road/River Road intersection, similar to what has been installed at the Fulton Avenue/River Road intersection. Staff is recommending the One Voice application request funding for right-way, design, permitting, and construction in the amount of $1.8 million.

3.A
Packet Pg. 123
FISCAL IMPACT:

The 2022 San Joaquin One Voice trip will be much different than past trips because of the COVID-19 pandemic. An in-person trip is scheduled for May 7-13, 2022 in Washington, D.C.

The projected cost for each One Voice participant is estimated to be $4,000.

3.A
Packet Pg. 124
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 02/08/2022
Subject: State water shutoff moratorium due to COVID-19 Staff to update the City Council on the impact to delinquent utility accounts from the State of California's COVID-19 moratorium on water shut-offs that ended December 31, 2021.

3.B
Packet Pg. 125