Minutes — Ripon City Council, March 8, 2022 (part 1 of 2)

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

REGULAR MEETING
CLOSED SESSION AT 5:00 PM
CLOSED SESSION: The closed session was called to order at 5:00 PM.

PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.

ROLL CALL: Council Members Gary Barton, Daniel de Graaf, Leo Zuber, Vice Mayor Michael Restuccia. Absent: Mayor Dean Uecker.

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, City Clerk Lisa Roos.

IN THE MATTER OF:
(1) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code – 2 cases.
(2) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 1 case.

Planning Director Zuidervaart left the closed session at 5:19 PM.

Glen Hansen joined the closed session via phone at 5:23 PM and left the closed session at 5:34 PM.

Return to open session.

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

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Chris Williams gave the invocation.

City Council Page 2 March 8, 2022
ROLL CALL:

Attendee Name Title Status Arrived
Dean Uecker Mayor Absent
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, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Engineering Supervisor Sarah Collins, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Kelly Donohue, Sam Samaniego, Di Quaresma.

PUBLIC DISCUSSION:

Di Quaresma said she grew up playing sports and is an avid tennis player. Quaresma said she has been working with Recreation Director Kye Stevens and Planning Director Ken Zuidervaart in respect to the construction of new tennis courts in Ripon. She said she wanted to share the progress with the City Council. She said the original idea was to construct new courts where the current courts are, but there is no room to grow, so they are looking to install new courts at the Mistlin Sports Park. Quaresma said she has established a 501(c)3 called Love-Love Ripon Tennis Foundation, has formed a board for the nonprofit, and currently has seven directors. She said it is important for the Council to understand that there are only four tennis courts in the City and while Mr. Stevens does an excellent job of bandaging them, they are old and the cracks never go away. The age of the courts, in addition to the fact that trucks drive over them creating potholes, makes it difficult to play on these courts. Quaresma said she has a general site plan she would leave with the Council detailing the location at Mistlin Sports Park and the design of the courts. She said the goal is six courts but it has been recommended that they try to install 12 courts. Quaresma said she has recruited, at no cost, an attorney, an engineer, and some individuals who work in construction and they are working on raising funds for the new courts.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council meeting of February 8, 2022 and the Special City Council Meeting of February 10, 2022.

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

1. CITY COUNCIL - REGULAR MEETING - FEB 8, 2022 6:00 PM

2. CITY COUNCIL - SPECIAL MEETING - FEB 10, 2022 2:30 PM City Council Page 3 March 8, 2022
APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Barton requested Items 1.3B and 1.4E be pulled from the Consent Calendar for discussion.

City Attorney Terpstra requested Item 1.4D be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

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

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: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(February 2021 $206,759.00)
FY 2021-22 YTD: $3,097,188
FY 2020-21 YTD: $1,978,169
Highway Users Tax
(January 2021 $25,548.39)
FY 2021-22 YTD: $235,231
FY 2020-21 YTD: $221,360
SB1 Street & Road Tax
(February 2021 $21,802.17)
FY 2021-22 YTD: $217,200
FY 2020-21 YTD: $191,957
$640,278.32
$28,523.45
$25,255.95
TOTAL $694,057.72
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment –
February 2022 $1,212.72
City Council Page 4 March 8, 2022
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – January 2022 $1,561.60
D. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – December 2021 $25,069.35 E. MODESTO IRRIGATION DISTRICT
Annual Franchise Fee Payment - 2021 $131,034.91

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Code Enforcement
Meadowood
Bethany Home Society
Jack Tone Golf Lease Extension
Public Employee Relations Board
$9,440.00
$221.25
$1,032.50
$368.75
$3,931.25
$2,802.50
$2,433.75

TOTAL $20,230.00
B. PRICE PAIGE & COMPANY
Audit Services
Final Payment – Invoice #20951 $930.00
C. BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees $52,139.83
D. UNION BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $98,324.20 E. UNION BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $22,821.85
F. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
January Invoice #AR112990 $1,321.28
G. LDA
Corporation Yard Design Services
Progress Payment – Invoice #15/622-03-20 $10,000.00
City Council Page 5 March 8, 2022
H. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment
Invoice #4207
Invoice #4208
$1,445.00
$9,633.75
TOTAL $11,078.75
I. MCR ENGINEERING
Construction Management Services for the Stockton
Avenue Rehabilitation Project
Progress Payment – Invoice #16750 $15,630.00
J. D. A. WOOD CONSTRUCTION, INC.

Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #12 $207,604.45
K. SORACCO, INC.

Well 19 Pump Station
Progress Payment – Invoice #4 $148,445.10
L. HALPIN COMPLIANCE SOLUTIONS
Solid Waste/Recycling Regulatory
Consulting
Progress Payment - Invoice #21-R-1012
Progress Payment - Invoice #22-R-0010
$2,162.09
$713.61
TOTAL $2,875.70
M. STANTEC
Wastewater Discharge Permit Groundwater
Monitoring Progress Payment
3rd Quarter 2021 - Invoice #1892357 $1,995.00
N. TERRACON CONSULTANTS, INC.

Stockton Avenue Rehabilitation Project
Materials Testing & Inspection Services
Progress Payment – Invoice #TG41399 $1,847.00

1.3. Resolutions
A. RESOLUTION NO. 22-8

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING DESTRUCTION OF

CERTAIN FINANCIAL RECORDS,

DOCUMENTS, INSTRUMENTS,

BOOKS, AND PAPERS
This resolution authorizes the destruction
of certain financial records, documents,
instruments, books, and papers.

B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
City Council Page 6 March 8, 2022
C. RESOLUTION NO. 22-9

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING A GRANT DEED OF

CERTAIN REAL PROPERTY TO

THE CITY OF RIPON
This resolution accepts a Grant Deed for
APN 259-170-02 of certain real property
to the City of Ripon in connection with
public improvements and authorizes the
Mayor to sign and execute any and all
documents necessary to complete the
aforementioned transaction.

D. RESOLUTION NO. 22-10

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING THE PROCESS FOR

FUTURE CITY COUNCILS TO

CONSIDER WHEN FILLING A

VACANT CITY COUNCIL SEAT
This resolution approves the process for
future City Councils to consider
following when filling a City Council
vacancy as an open and transparent
process to find the most qualified
individual to fill a vacant City Council
seat.

E. RESOLUTION NO. 22-11

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

CERTIFYING THE APPOINTMENT

AND TERM TO FILL A PLANNING

COMMISSION VACANCY
This resolution approves appointing
Steve Stevenson (currently serving as
alternate) to Seat No. 3 on the Planning
Commission and Jeff Veilleux to Seat
No. 6 as an alternate on the Planning
Commission.

1.4. Miscellaneous Items
A. CLAIM
Robyn Gordon Deny the claim filed by Robyn Gordon.

B. ASSIGNMENT AND ASSUMPTION - MEADOWOOD RIPON, LLC

DEVELOPMENT AGREEMENT
Meadowood Residential Development
Project
Consent to the Assignment and
Assumption Agreement allowing Dasco
Greenwood, LLC to purchase the
project and land from Meadowood
Ripon, LLC located on the west side of
Fulton Avenue between Arc Way and
W. Colony Road and authorize the
Mayor to sign the acknowledgement and
acceptance by the City.

City Council Page 7 March 8, 2022
C. ASPHALT REPAIR CONTRACT
Dirt Dynasty, Inc. Approve and authorize the Mayor to
sign the contract with Dirt Dynasty, Inc.
to repair asphalt in various locations
throughout the City where excavations
have occurred to make repairs to City
underground utilities and potholes in the
not to exceed amount of $57,600
(funding source: Water & Sewer
Enterprise Capital Funds and the Street
and Road Operating Fund).

D. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. WASTEWATER TREATMENT PLANT GROUNDWATER MONITORING

AND REPORTING
Stantec Consulting Services, Inc.

Change Order No. 10
Approve and authorize the Mayor to
sign Change Order No. 10 with Stantec
Consulting Services, Inc. in the not to
exceed amount of $39,350 to extend
their Quarterly and Annual Groundwater
Monitoring and Reporting at the Ripon
Wastewater Treatment Facility until
February 26, 2025 (funding source:

Sewer Enterprise Operating Fund).

ITEMS PULLED FROM CONSENT
RESOLUTION NO. ______

1.3B: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

OPPOSING THE TAXPAYER

PROTECTION AND GOVERNMENT

ACCOUNTABILITY ACT
This resolution opposes the Taxpayer
Protection and Government Accountability
Act (AG# 21-0042A1).

Council Member Barton said he pulled this item because after reading the staff report, he did not feel he had enough information to understand the pros and cons of the Tax Payer Protection and Government Accountability Act. He did some research regarding the proposed Act and said he feels the Council could benefit from a more robust assessment of the pros and cons of the Tax Payer Protection and Government Accountability Act. Barton said he would propose continuing this item to next month giving Council more time to look closer at this and perhaps hear from the League of California Cities and someone from Howard Jarvis.

Vice Mayor Restuccia said he was glad Barton had pulled the item because he had similar questions.

City Council Page 8 March 8, 2022
RESULT: TABLED Next: 4/12/2022 6:00 PM

1.4D: PARCEL MAP
Parcel Map No. 21-62 Accept Parcel Map No. 21-62 (1501 North Jack Tone Road) from Pilot Travel
Centers, LLC and authorize the Mayor,
City Engineer and City Clerk to sign for
recording.

City Attorney Terpstra said he would leave the room for this item because there is a conflict of interest.

Motion to approve Item 1.4D Parcel Map 21-62.

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

1.4E: STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.

Change Order No. 9
Approve Change Order No. 9 in the not to
exceed amount of $40,076 for additional
potholing required to adhere to PG&E
internal standards, demolition of an
industrial sewer manhole found within the
proposed curb and gutter, upsizing street
light conduits and the demolition of
asphalt found buried beneath existing soil
on Stockton Avenue (funding sources:

Sewer Enterprise Capital Fund and
Measure K).

Council Member Barton said he asked to pull this item because of the multiple change orders for this project and requested an update. City Administrator Werner said the original bid amount was $4.75 million and there have been $560,000 in change orders.

While that is higher than what the City normally sees on a project, it is not unusual for a project like this. He said when the design team went out and began the process there was a lot of work done to identify what utilities were underground. The design drawings were sent to PG&E in an attempt to get their record drawings into the design and understand their requirements throughout construction. As construction proceeded, multiple unanticipated utilities were discovered resulting in many of the change orders. He said he would like to add that many of the change orders are related to the underground work and those are being funded through the Enterprise Capital Funds, but the Street and Road portion of the project will be funded through grants received by the City. Werner said there is about $180,000 of Measure K grant money left to fund future street change City Council Page 9 March 8, 2022
orders. He said the project is transitioning from the underground portion to the surface work and construction crews are currently installing curb and gutter right now. Werner said he is anticipating completion of the project in June or July of 2022.

Council Member de Graaf said he understands the underground utilities but the potholes related to PG&E’s standards should have been known by PG&E beforehand and included in the inspector’s report. He asked if PG&E should pay for this. Werner said it was unfortunate that the inspectors from PG&E declined to include the potholes in their inspection report. He said as the project progressed it became difficult to work with PG&E regarding financial responsibility. Werner said if the City had known about it, they would have put that in the proposal that went out to bid and the City would have paid for it anyway.

Motion to approve Item 1.4E Stockton Avenue Rehabilitation Project Change Order 9.

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

2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.

A. COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS
Fiscal Year 2022-2023 A public hearing to provide residents the opportunity to hear recommendations on
proposed projects and provide comments
to the City Council.

Recommended Action: Approve the
recommended 2022-2023 CDBG and
HOME Program funding allocations and
direct staff to process the necessary
documentation with San Joaquin County to
facilitate this grant program.

Planning Director Zuidervaart said this is the annual public hearing for allocation of Community Development Block Grant (CDBG) and HOME funds. Staff is recommending allocating the majority of the funds to the Senior Center Retrofit Project.

He said the project should be out to bid soon and if the project does not use up the funds, staff will come back to Council to allocate the remaining funds to another project.

Zuidervaart said staff received project applications for Bethany Home's Meals on Wheels and a few from the County. Staff is recommending funding most of them.

City Council Page 10 March 8, 2022
Zuidervaart said the HOME funds have been set aside in an account used to fund the lowincome down payment assistance program. He said there have not been many people using the program in Ripon; the City is working with the County to reallocate the funds.

Some of the ideas include affordable housing projects or rehabs versus just down payment assistance.

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

PUBLIC HEARING CLOSED
Motion to approve the recommended 2022-2023 CDBG and HOME Programs funding allocations and direct staff to process the necessary documentation with San Joaquin County to facilitate this grant program.

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

3. ORDINANCES
Second Reading and Adoption
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.

Motion to waive the second reading and adopt 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: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
City Council Page 11 March 8, 2022

4. DISCUSSION ITEMS
A. WATER METER ENDPOINT TELEMETRY PURCHASE
Badger Meter, Inc.

Discussion/Action
City Council to consider the replacement
of endpoint telemetry devices for all City
water meters from Badger Meter, Inc. in
the amount of $228,140 (funding source:

Water Enterprise Capital Fund).

Director of Public Works Pease said the 3G cellular network is being phased out and the City is being forced to upgrade endpoints in order to continue to function. The endpoints had a battery life of 10-years and were scheduled for replacement in 2025. He said Badger Meter is giving the City a 50% cost reduction on the 4,148 necessary endpoints.

The new units will have a 20-year battery life: 10-year full warranty and a 10-year prorated warranty. Pease said there will be no service interruption to customers.

Council Member Zuber asked if the City will be doing the installation. Pease said yes, the City is planning to do the installation as they receive the endpoints, which will be staggered in their delivery.

Zuber asked if there are still people paying for their meter. City Clerk Roos said there are still four years left on the payments.

Barton said he assumes the new endpoints will be 5G compatible, and will work with the 4G service. Pease confirmed they are 4G and 5G compatible. Badger Meters new warranty provides a 10-year replacement warranty and 10-year prorated replacement in the event the networks go to 6G and these are not compatible.

Motion to approve the purchase of the new Water Meter Endpoint Telemetry Devices.

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

REPORTS
Department Heads:

Chief Ormonde said March 9, 2022 at 2:00 PM they will be swearing in a new dispatcher.

Council Member Barton asked for an update on the vacant IT Supervisor position. Ormonde said IT Tech Crosby will be working more hours until they are able to reevaluate the position; they are not planning to fill the position for the next few months.

City Council Page 12 March 8, 2022
Recreation Director Stevens said in March 2021 the Council approved an MOU with Ripon Unified School District (RUSD) regarding the use of facilities for meetings and sports. He said there have not been any conflicts and both parties are happy. He does not recommend any changes at this time.

Stevens said the recreation programs are back in full force. He said participation has increased in the main sports from 2019 numbers. He said soccer had 774 signups in 2019 and 835 in 2021.

Council Member de Graaf asked if he thinks the increases are due to other cities not offering programs. Stevens said there is a little bit of that, but he is hearing positive feedback that people like our programs and are wanting to stay with Ripon recreation programs.

Planning Director Zuidervaart said Diamond Pet Food received final approval for their fourth production line last year and are currently operating the line. He said part of the condition of approval included monthly odor reports. He said there have been several months without any complaints and a few unconfirmed reports.

Barton and de Graaf both said they live near the facility and at times there is a faint smell but it may be the sewer ponds.

Zuidervaart said Happy Daze will be breaking ground on Thursday at 4:00 PM.

Director of Public Works Pease showed a drought graph from National Oceanic and Atmospheric Administration (NOAA) and said over the last year water has decreased about 3 feet in our wells. He said 2022 February water usage was identical to 2013. He said the rolling 12-month average is down about 13% from the 2013 numbers.

Pease said the summer watering schedule started this week and there will be extra patrols over the next few weeks to help remind people to only water during their allowed days and times.

Council Member Zuber said the graph shows our wells are 10 feet lower than in 2007. It is important that people realize that the groundwater is not being replenished during the winters.

Barton asked what the typical drawdown is on the wells. Pease said they do have the data, but he does not have it on him. Barton asked if they are going to have to adjust the settings of some of the pumps on those wells. Pease said that is a possibility.

Engineering Supervisor Collins provided an update on the Stockton Avenue Rehabilitation Project saying they are anticipating completion in the summer of 2022.

Collins said the majority of the underground work has been completed for Well 19. The project is at a standstill while waiting for project materials to come in. She anticipates completion in the summer of 2022.

Zuber asked what the building is at the site. Pease said it is the standard well building.

City Council Page 13 March 8, 2022
City Administrator Werner gave a brief update on the budget. His first slide showed a summary of the general fund and that the City is ahead of the February 2021 numbers. He said Sales Tax revenue was lower at the end of the 2020-2021 fiscal year but picked up at the start of the 2021- 2022 fiscal year. He said the City will receive about $160,000 from the refunding of redevelopment bonds, but it will be a one-time money. He said part of the budget process will be discussing possible uses for these one-time funds. Werner said revenue is about 8% higher than expected and expenses are about 1.3% lower than originally budgeted.

Werner said revenue has been pretty stable at about 3 to 3.5 million dollars a year over the past few years. The City receives sales tax revenue income every month but the payments are based off a calculation of previous years with the exception of August, November, February, and May.

In those months, the State will true up the numbers and give the City revenue based off actual sales for those periods of time. Werner said sales tax revenue is up $1.1 million or 56% from last year. He said gas prices are higher than usual right now so while the City usually receives about 45% of sales tax revenue from gas tax, the higher amount we are receiving is not something the City is planning on as a recurring revenue.

City Council:
de Graaf said the Almond Blossom Festival was a huge success and thanked the Chamber for all their hard work. He said thank you to the person who attended tonight’s meeting.

Zuber said there was a Chamber Board meeting this morning and he wanted to share some statistics from the Festival. He said there were 10,000 cars in the parking lot from Thursday to Sunday. The Chamber was able to sell $50,000 in advance tickets, the Carnival reported an additional $190,000 in ticket sales, and there were 83 parade entries. Zuber said the Chamber was able to net around $70,000 more than in 2020. He said the ladies at the Chamber worked very hard to make this a success and they did a great job.

Barton said the Almond Blossom weekend was very enjoyable and very well done and the parade was well attended. He said it was a wonderful reminder of why Ripon is so special.

Barton said this is a real credit to Kelly Donohue and her staff. He said he wanted to recognize the ladies who participated in the Almond Blossom Queen contest.

Vice Mayor Restuccia said April 2 at 8:00 AM is Ripon’s First Responder Appreciation Day with Sheriff Withrow as the guest speaker.

There being no further business, the meeting was adjourned at 7:01 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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
1 Packet Pg. 14
Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 15
Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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
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Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 17
Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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
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Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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. 1 Packet Pg. 19
Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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

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. 1 Packet Pg. 20
Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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.
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Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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
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Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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.
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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 1 Packet Pg. 24
Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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.
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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
1 Packet Pg. 26
Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) 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. 1 Packet Pg. 27
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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
1 Packet Pg. 28
Minutes Acceptance: Minutes of Feb 8, 2022 6:00 PM (Approval of Minutes) Ripon City Council
Special Meeting Minutes
THURSDAY, FEBRUARY 10, 2022

SPECIAL MEETING
2:30 PM
The Special Meeting was called to order by Mayor Dean Uecker at 2:30 PM.

ROLL CALL:

City Administrator Kevin Werner, City Attorney Tom Terpstra, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Dennis Aquino.

1. PUBLIC DISCUSSION
No one form the public wished to speak at this time.

2. ORDINANCE
First Reading and Adoption
A. ORDINANCE NO. 913

AN URGENCY ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF

RIPON AMENDING SECTIONS OF
CHAPTER 13.04 “WATER SERVICE
SYSTEM” TO THE RIPON MUNICIPAL
CODE
This Urgency Ordinance amends Chapter

13.04 “Water Service System” section

13.04.230 to adjust the delinquent fee due
to the COVID-19 pandemic and the State
of California moratorium on water
shutoffs. Delinquent fees will be 10% for
the first two months and 2% thereafter until
the City resume its normal shutoff process.

City Clerk Roos said this is an Urgency Ordinance that follows up on the discussion from the February 8, 2022 City Council meeting regarding delinquent fees to our customers. Before the Council today is a redline version of the Urgency Ordinance up for first reading and adoption. Roos said there are two redline versions giving two different examples. The first example is for the delinquent fees to be adjusted to 2 percent from May 2020, which is two months into the beginning of the moratorium, the second example would have each account 2 Packet Pg. 29
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treated individually and for the first two months that there were late fees, they would incur a 10 percent fee and then 2 percent for anymore through March of 2022.

Roos said there were two different interpretations so there are two options.

Council Member Zuber said the general agreement was that the fees would be reduced from 10 percent to 2 percent, but the question is when that happens. Based on what Roos wrote, a customer who stopped paying their bill on March of 2020 would be charged 10 percent for March and April and 2 percent for any subsequent months, however if a customer stopped paying their bill in July of 2020, they would only pay 2 percent. Zuber said his suggestion is that the 10 percent is paid for the first two months, regardless of when the delinquency started and then 2 percent after that.

Council all agreed that had been their intention.

Vice Mayor Restuccia said he was glad Zuber had clarified this.

Council Member de Graaf asked if there were any accounts that were delinquent before March 2020. Roos said there are a few accounts that have not made a payment since January of 2020 and so their water would have been shut off in March of 2020 but we were unable to do so.

Council questioned whether this person would pay 10 percent for January through April.

Zuber said he would prefer to keep it simple and they pay 10 percent for January through April and then 2 percent starting in May.

City Administrator Werner said this is the second option presented to Council.

Council Member de Graaf questioned if there is anyone pre-COVID who had more than 2 months of late fees.

Werner said no, that is why the City’s system works. A customer cannot incur more than 2 months of late fees because the water is shut off until their balance is paid in full.

Roos said she would like to clarify that the 2 times someone is charged 10 percent is not necessarily consecutive.

Council Member Barton asked Roos to clarify what non-consecutively would mean. Roos explained that if someone missed a payment in June, paid in July and then missed a December payment, paid in January and then missed another payment in March, paid in April, that person would pay the 10 percent late fee for the first two times they were late in June and December but would pay 2 percent for the March late fee.

Council discussed the different ways this might happen. de Graaf said the only people who should receive the 2 percent relief are the people who are currently delinquent, not people who have paid and are current. Werner said the Ordinance 2 Packet Pg. 30
Minutes Acceptance: Minutes of Feb 10, 2022 2:30 PM (Approval of Minutes) City Council Page 3 February 10, 2022
goes back the March of 2020 and the plan was to go back and credit active account holders.

Council agreed.

Motion to waive the first reading and adopt Urgency Ordinance 913 amending sections of Chapter 13.04 “Water Service System” to the Ripon Municipal Code.

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

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 2:52 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
2 Packet Pg. 31
Minutes Acceptance: Minutes of Feb 10, 2022 2:30 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 32
Attachment: 2021 - 4th Qtr (3339 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2100256 and 2100256AIssue Date: February 8, 2022Fiscal Year: 2021-2022Collection Period: December 24, 2021 - January 23, 2022Description: Streets & Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Mr. Tam Nguyen at 916-327-0064 or at [email protected].

City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107 Snow
(Included in Section
2107 Amount) Section 2107.5 Gross Claim
Perform Payee by
Apportionment Claim
Adjustment Payment Amount Year To Date
Ripon City Treasurer 16,292 $6,561.68 $7,259.02 $4,788.25 $9,914.50 $0.00 $0.00 $28,523.45 $0.00 $28,523.45 $235,231.27

1.1.A.b
Packet Pg. 33
Attachment: fy2021_01hwycityra (3339 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2100271 and 2100271A
Issue Date: February 22, 2022
Fiscal Year: 2021-2022
Collection Period: January 01, 2022 - January 31, 2022
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 $25,255.95 $163,384.04
1 of 1

1.1.A.c
Packet Pg. 34
Attachment: rmra_cities_remit_2021_feb22 (3339 : State of California)

1.1.B.a
Packet Pg. 35
Attachment: CCATT (3356 : CCATT Holdings)

1.1.C.a
Packet Pg. 36
Attachment: Waste Management (3361 : Waste Management)

1.1.C.a
Packet Pg. 37
Attachment: Waste Management (3361 : Waste Management)

1.1.D.a
Packet Pg. 38
Attachment: Charter (3340 : Charter Communications)
MODESTO, CALIFORNIA 95352
CITY OF RIPON, 259 NORTH WILMA AVE, RIPON CA 95366
Invoice Date Descriotion
20JAN22 01/20/2022 PERMISSION FEE/ 2021
Detach at Perforation Before Depositing Check
PO Box4060
MODESTO, CALIFORNIA 95352
I Grand Totals

Page 1 of 1 ends

Wells Farg_o Bank
11-24/121U(8)

DISBURSEMENT ACCOUNT
Gross Amount
S131, 034. 91
$131,034.91
Check No. 131787
Check Date: 02/01/2022
Vendor No. 100676
Discount Net Amount Paid
$0.00 $131,034.91
$0.00 $131,034.91
Check No. 131787
Check Date: 02/01/2022
Check Amount
PAY One Hundred Thirty One Thousand Thirty Four Dollars and 91 Cents**"************ ***131 034.91 PAY
TO THE
ORDER
OF

CITY OF RIPON
259 NORTH WILMA AVE
RIPON CA 95366
VOID AFTER 180 DAYS

1.1.E.a
Packet Pg. 39
Attachment: MID (3327 : Modesto Irrigation District)

1.1.E.a
Packet Pg. 40
Attachment: MID (3327 : Modesto Irrigation District)
Bill To
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
City of Ripon • General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Date Attorney
1/26/2022 TI-IT
1/27/2022 THT
1/28/2022 THT
2/1/2022 THT
2/1/2022 THT
2/2/2022 THT
2/3/2022 THT
2/3/2022 TI-IT
2/4/2022 THT
2/7/2022 THT
Description
Calls to and from Councilmembers regarding
pending projects, infrastructure issue near
roundabout, follow up on same.

Follow up communications with client, Council
members re pending project, review and respond to
request by North Pointe owners to assign agreements.

Review and discuss County lawsuit against CDPH,
research and discuss how support in amicus brief,
numerous calls and emails re same; discuss PC
vacancy with client.

Calls to and from staff regarding pending projects,
discuss Mcadowood assignment and related issues,
letter from First Congregational Church, review
correspondence.

Discuss most recent version of removal agreement
with client, work on revisions.

Work on Facility removal agreement, check with Ken
on status of project.

Follow up on Facility Removal Agreement, discuss
timing and City's concerns with project, review
applicant's proposed changes to Agreement
Review new Complaint, timing for responses, begin
work on Answer to complaint.

Calls to and from staff regarding new hotel project
and use restrictions in City Municipal Code; work on
condition of approval.

Confinn City's lien position via new Title report on
Vanden Bosch parcel, memo to client regarding
priority of lien and property tax delinquency; email
to client regarding lien on property for
undergrounding condition, review RMC re same;
email re: pending items on Coordination list; further
work on conditions of approval for hotel project Use
Permit.

Page 1 ends

Invoice
Date Invoice#
2/25/2022 44
Matter#
1084-003
Rate Hours Amount
295.00 1.25 368.75
295.00 2.5 737.50
295.00 2 590.00
295.00 1 295.00
295.00 0.5 147.50
295.00 0.75 221.25
295.00 0.75 221.25
295.00 3 885.00
295.00 I 295.00
295.00 2.5 737.50
Total

1.2.A.a
Packet Pg. 41
Attachment: Terpstra (3353 : Law Office of Thomas H. Terpstra) Bill To
Law Office of Thomas H. Terpstra
P.O. Box446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Date Attorney
2/8/2022 TI-IT
2/9/2022 TI-IT
2/10/2022 THT
2/14/2022 THT
2/15/2022 THT
2/1612022 THT
2/21/2022 THT
2/22/2022 THT
2/24/2022 THT
Description
Work on Conditions of Approval for hotel project,
confer with Ken regarding same, numerous emails to
and from County Counsel regarding AT&T tower
project, arrange meeting re tower and City
Agreement; prepare for Council meeting, attend
closed session and council meeting.

Follow up on agenda items, discuss approach to
vacancy policy with Kevin, follow up with Restuccia,
confer re same; discuss cell tower lease, opposition
letter and proposed agreement and prepare for
County conference.

Prepare and attend special council meeting; research
and discuss required urgency ordinance findings,
review staff findings.

Discuss pending proj�ts list and priority items with
client, review staff reports and discuss PC agenda
with Ken; prepare for and attend PC meeting.

Follow up on PC meeting with Ken, work on Council
vacancy policy, research whether ordinance requiring
appointment would be legal.

Work on resolution for council vacancies, emails to
and from client re same.

Review and respond to email from applicant for cell
tower; draft and send response to client for approval.

Call. emails from Ogden re assignment of DA to
Mid-Valley, discuss with client
Advise re Public Records Act request.

Page2
Invoice
Date Invoice#
2/25/2022 44
Matter#
1084-003
Rate Hours Amount
295.00 5.5 1,622.50
295.00 2 590.00
295.00 1.25 368.75
295.00 2.5 737.50
295.00 2.25 663.75
295.00 1.75 516.25
295.00 0.75 221.25
29S.00 o., 147.50
29S.00 0.25 73.75
Total $9,440.00

1.2.A.a
Packet Pg. 42
Attachment: Terpstra (3353 : Law Office of Thomas H. Terpstra) BillTo
Law Office of Thomas H. Terpstra
P.O. Box446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
City of Ripon - Police Dept.

Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Date Attorney Description
2/9/2022 THT Emails to and from court regarding Trujillo arraignment, schedule for same.

Invoice
Date Invoice#
2/25/2022 45
Matter#
1084-004
Rate Hours Amount
295.00 0.75 221.25
Total $221.25

1.2.A.a
Packet Pg. 43
Attachment: Terpstra (3353 : Law Office of Thomas H. Terpstra) Bill To
Law Office of Thomas H. Terpstra
P.O. Box446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
City of Ripon - Code Enforcement
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Date Attorney
2/14/2022 THT
2/16/2022 THT
Description
Review file docs, chronological events, work on
Notice of Violation for Buffalo's Mechanical.

Research on recording and expunging Notice of
Violation.

Invoice
Date Invoice#
2/25/2022 46
Matter#
1084-006
Rate Hours Amount
295.00 2 590.00
295.00 1.S 442.50
Total Sl,032.S0

1.2.A.a
Packet Pg. 44
Attachment: Terpstra (3353 : Law Office of Thomas H. Terpstra) Bill To
Law Office of Thomas H. Terpstra
P.O. Box446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
City of Ripon - Meadowood
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Date Attorney Description
2/3/2022 THT Numerous emails to and from Ogden, City staff regarding proposed assignment of DA, brief review
of Assignment and Assumption Agreement.

Invoice
Date Invoice#
2/2.5/2022 47
Matter#
1084-212
Rate Hours Amount
295.00 1.25 368.75
Total $368.75

1.2.A.a
Packet Pg. 45
Attachment: Terpstra (3353 : Law Office of Thomas H. Terpstra) Bill To
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
City of Ripon - Bethany Home
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Date Attorney
1/31/2022 THT
2/2/2022 THT
2/8/2022 THT
2/10/2022 THT
2/24/2022 IBT
Description
Research CEQA exemption requirements, advise
client regarding same, attend meeting with client,
RCFD and Bethany Home.

Discuss project update memo, next steps to process
applications.

Confer with staff on aesthetics analysis, emails re
same.

Meet with staff to review and discuss application
referral responses, brief research on CEQA
Guidelines and historic structures, conference call
with project applicant team.

Review and prepare comments on traffic study for
internal review.

Invoice
Date Invoice#
2/25/2022 49
Matter#
1084-224
Rate Hours Amount
425.00 3.25 1,381.25
425.00 0.15 318.75
425.00 0.75 318.75
425.00 2.5 1,062.50
425.00 2 850.00
Total $3,931.25

1.2.A.a
Packet Pg. 46
Attachment: Terpstra (3353 : Law Office of Thomas H. Terpstra) Bill To
Law Office of Thomas H. Terpstra
P.O. Box446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
City of Ripon - Golf Course Ext
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Date Attorney
2/8/2022 THT
2/9/2022 THT
2/11/2022 THT
2/15/2022 THT
2/22/2022 THT
2/23/2022 IBT
2/24/2022 TIIT
Description
Review and revise final changes to Assignment
Agreement; follow up with Council members,
prepare docs to review with City Council and gain
approval of Agreement, attend City Council closed
session on same.

Calls re gold course management, revised and
finalized assignment agreement and related issues;
proof final versions, emails to 811d from JTG attorney
re final docs.

Calls to and from management firm, Werner; follow
up on call.

Emails to and from Rodriuez re timing of
assignment.

Draft and send email to opposing counsel, review
and revise with client, calls to and from attorney for
Norris, review his letter and email to city, Buzzini.

Calls to and from Barringer, client, review additional
correspondence between Buzzini, Norris, advise
client regarding same; send email to Rodriguez.

Follow up calls to 811d from Barringer re LP issues,
meet with client.

Invoice
Date Invoice#
2/25/2022 50
Matter#
1084-400
Rate Hours Amount
295.00 2.25 663.75
295.00 2 590.00
295.00 0.75 221.25
295.00 0.25 73.75
295.00 l.5 442.50
295.00 I 295.00
295.00 1.75 516.25
Total $2,802.50

1.2.A.a
Packet Pg. 47
Attachment: Terpstra (3353 : Law Office of Thomas H. Terpstra) Bill To
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
City of Ripon - PERB Action
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Date Attorney Description
2/7/2022 THT Work on answer, research affinnative defenses, draft revisions to Answer.
2/8/2022 THT Meet with Werner regarding PERB Answer to
Complaint, discuss strategy.

Invoice
Date Invoice#
2/25/2022 58
Matter#
1084-401
Rate Hours Amount
295.00 6.25 1,843.75
295.00 2 590.00
Total $2,433.75

1.2.A.a
Packet Pg. 48
Attachment: Terpstra (3353 : Law Office of Thomas H. Terpstra)

1.2.B.a
Packet Pg. 49
Attachment: Price Paige (3341 : Price Paige & Company)

1.2.C.a
Packet Pg. 50
Attachment: Bank of Stockton semi-annual fee invoice 2022.02 (3349 : Bank of Stockton)

1.2.C.a
Packet Pg. 51
Attachment: Bank of Stockton semi-annual fee invoice 2022.02 (3349 : Bank of Stockton) This information and pages 4-11 have been redacted or removed because they contain personal individual account information. LR 02/22/2022

1.2.C.a
Packet Pg. 52
Attachment: Bank of Stockton semi-annual fee invoice 2022.02 (3349 : Bank of Stockton) 3010754
CALIFORNIA STATEWIDE COMM. DEVELOP

AUTH WATER REVENUE BONDS (POOLED
FINANCING PROGRAM) 2006 C
CALIFORNIA STATEWIDE COMM. DEVELOP

AUTH WATER REVENUE BONDS POOLED
FINANCING PROGRAM 2006 C 6711791799

CITY OF RIPON
ATTN: FINANCE DIRECTOR
259 NORTH WILMA AVENUE
RIPON CA 96366
Debt Service Invoice April 01, 2022
CUSIP Maturity
Date
Accrual Start
Date
Accrual End
Date
No. of
Days
Principal
Balance
Interest
Rate Interest Principal Premium or
Discount
13077WFS4 10/01/2027 10/01/2021 03/31/2022 180 2,120,000.00 4.50000 % 47,700.00 0.00 0.00 13077WFT2 10/01/2032 10/01/2021 03/31/2022 180 2,250,000.00 4.50000 % 50,625.00 0.00 0.00 Funds are due on 03/17/2022 Total Due 98,324.20
Interest Due:

Principal Due:

Less Cash on Hand:

Total

0.00 98,325.00
-0.80
98,324.20
U.S. BANK CONTACT
TFM Analyst: BLANCA CANIZALES E-mail: [email protected] Phone:

WIRING INSTRUCTIONS:

Funds must be received by 10:00 AM CST to:

BBK: U.S. BANK NA (ABA 091000022)
BNF: U.S. Bank Trust N.A.

BNF Address: 777 E Wisconsin Ave., Milwaukee, WI 53202
BNF Account#: 180121167365
OBI: TFM/6711791705
26-Feb-2022 06.19 PM Page 1 of 2

1.2.D.a
Packet Pg. 53
Attachment: US Bank - 2006 Bonds 4-1-22 Debt Service Invoice (3334 : US Bank - Water and Wasterwater Revenue Bonds Series 2006C) Please Remit with Payment
3010754
CALIFORNIA STATEWIDE COMM. DEVELOP

AUTH WATER REVENUE BONDS (POOLED
FINANCING PROGRAM) 2006 C
Account #:

Debt Service Date:

Payment Due On:

Net Amount Due:

Amount Enclosed:
6711791700
04/01/2022
03/17/2022
$ 98,324.20
Remit check to: (must be received 5 business days prior to due date) U.S. Bank National Association
Lockbox Services - CM 9705
P.O. Box 70870
St. Paul, MN 55170-9705 Attn: TFM
For change of address please contact:

BLANCA CANIZALES
26-Feb-2022 06.19 PM Page 2 of 2

1.2.D.a
Packet Pg. 54
Attachment: US Bank - 2006 Bonds 4-1-22 Debt Service Invoice (3334 : US Bank - Water and Wasterwater Revenue Bonds Series 2006C) 2012 Water Bond Payment

1.2.E.a
Packet Pg. 55
Attachment: US Bank 2012 Water Bond Payments (3333 : US Bank - Water Revenue Bonds Series 2012)

1.2.E.a
Packet Pg. 56
Attachment: US Bank 2012 Water Bond Payments (3333 : US Bank - Water Revenue Bonds Series 2012)

1.2.F.a
Packet Pg. 57
Attachment: Invoice AR112990_SJRTD (3335 : SJRTD)
Mr. Kevin Werner 2/24/2022
City Manager
City of Ripon
259 N. Wilma Ave.

Ripon, CA 95366
RE: Fleet Maintenance Building
Invoice #15/622-03-20
ARCHITECTURAL SERVICES:

Billing Period: 1/16/2022 through 2/15/2022
Contract:

Tasks 1 - 6 415,000.00 $
Prior Billing: 395,000.00 $
Payments Received: 395,000.00
Balance Owing: - $
Contract Balance: 20,000.00 $
Now Billing for: Plan Check Documents 10,000.00 $
Architectural Services: 10,000.00 $
REIMBURSABLE EXPENSE:

Previous Billing: - $
Payments Received: -
Balance Owing: - $
Now Billing For: Reimbursables
($0.00 x 1.1) - $
mileage 0 x .585 (outside of SJ County)
Reimbursable Expense: - $
TOTAL AMOUNT DUE: 10,000.00 $

1.2.G.a
Packet Pg. 58
Attachment: Invoice 15-622-03-20_LDA-SC Approved (3358 : LDA) MEMO
To: Honorable City Council
From: Sarah Collins, Senior Civil Engineer
Date: 3/8/2022
Subject: Invoice 4207 & 4208– Vaughan Construction
RECOMMENDED ACTION:

Council to approve payment for Invoice #4207 in the amount of $1,445.00 and Invoice #4208 in the amount of $9,633.75.

BACKGROUND:

In connection with the recent ordinance update to Chapter 12.16 “Sidewalk Repair, Maintenance or Replacement” of the Ripon Municipal Code, staff requested proposals from Contractors to provide maintenance services to repair and replace sidewalk trip hazards. Vaughan Construction submitted the lowest proposal to perform this work.

On July 9, 2019, City Council approved the maintenance contract with Vaughan Construction (cost not to exceed $50,000.00) to remove and replace sidewalk trip hazards.

On October 13, 2020, City Council approved the 1st Amendment to the maintenance contract with Vaughan Construction with a not to exceed amount of $50,000.00.

DISCUSSION/ANALYSIS:

Below is a summary of Sidewalk Trip Hazards from the period of July 1, 2019 to February 28, 2022.

Responsible Party
Complete
2019
Complete
2020
Complete
2021
Complete
2022
Pending
Completion
City 7 6 4 2 0
Homeowner/Utility Co. 6 16 5 0 3
TOTALS 13 22 9 2 3
FISCAL IMPACT:

Invoice #4207 in the amount of $1,445.00 and Invoice #4208 in the amount of $9,633.75 includes payment for 2 completed sites paid for through the Street & Road Fund. Both of these sites are the City’s responsibility.

1.2.H.a
Packet Pg. 59
Attachment: Staff Report Vaughan 2022.3.8 (3312 : Vaughan Construction)

1.2.H.b
Packet Pg. 60
Attachment: Invoice 4207_Vaughan Construction (3312 : Vaughan Construction)

1.2.H.c
Packet Pg. 61
Attachment: Invoice 4208_Vaughan Construction (3312 : Vaughan Construction) Project: Invoice Date: 1/31/2022
Job No: 21-086 Invoice No.: 16750
Billed to: City of Ripon Remit to: MCR Engineering, Inc.

Attn: Kevin Werner 1242 Dupont Court
Email: [email protected] Manteca, California 95336 Services for the above referenced project represent work performed through No. Task Description Qty Total

1. CONSTRUCTION MANAGEMENT ASSISTANCE EA $15,630.00
Current Billing: $15,630.00
Previously Billed: $0.00
Payments Received: $0.00
Balance Due: $15,630.00
BILLING STATUS:

DAYS 90+ TOTAL
AMOUNT $0.00 $15,630.00
Stockton Avenue Improvements Construction Management
Assistance
12/31/21
$0.00
0-30 61-90
$15,630.00
31-60
$0.00

1.2.I.a
Packet Pg. 62
Attachment: Invoice 16750_MCR Engineering (3328 : MCR Engineering) Project: Invoice Date: 1/31/2022
Invoice No.: 16750
Job No: 21-086
Billed to: City of Ripon Remit to: MCR Engineering, Inc.

Attn: Kevin Werner 1242 Dupont Court
Email: [email protected] Manteca, California 95336

PROJECT BILLING REPORT
No. Task Description Total

1. CONSTRUCTION MANAGEMENT ASSISTANCE EA $15,630.00
Contract Amount: Time & Materials(Amount Not to Exceed $32,000.00):

Previously Invoiced: $0.00
Total Billed to Date: $15,630.00
Civil Engineer 102.0 hrs @ $125.00 = $12,750.00
CAD Drafter 32.0 hrs @ $90.00 = $2,880.00
$15,630.00
TOTAL: $15,630.00
. . . Attend weekly project meetings in August, September, October, November, and December 2021. Assist city staff with inspections, testing, and project management, and assist staff with grading revisions.

Stockton Avenue Improvements Construction Management
Assistance

1.2.I.a
Packet Pg. 63
Attachment: Invoice 16750_MCR Engineering (3328 : MCR Engineering)

1.2.J.a
Packet Pg. 64
Attachment: Invoice 12_D.A. Wood Construction, Inc (3336 : D.A. Wood Construction, Inc.)

1.2.K.a
Packet Pg. 65
Attachment: Invoice 4_Soracco, Inc (3343 : Soracco, Inc.)

1.2.L.a
Packet Pg. 66
Attachment: Invoice 21-R-1012 (3355 : Halpin Compliance Solutions)

1.2.L.b
Packet Pg. 67
Attachment: Invoice 22-R-0010 (3355 : Halpin Compliance Solutions)

1.2.M.a
Packet Pg. 68
Attachment: Invoice 1892357_Stantec Consulting Services, Inc (3357 : Stantec Consulting Services, Inc.)

1.2.M.a
Packet Pg. 69
Attachment: Invoice 1892357_Stantec Consulting Services, Inc (3357 : Stantec Consulting Services, Inc.)

INVOICE
Lodi, CA
209-367-3701
Project Mgr: George Ogas
City of Ripon CA
Attn: Elizabeth Quilici
259 N Wilma Ave
Ripon, CA 95366-3028
Invoice Number: TG41399
Terracon Consultants, Inc.

PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:

To:

NA211125
$15,091.00
2/28/2022
2/26/2022
Project Number:

Billed to Date:

Invoice Date:

Services Through:

Project: Stockton Avenue Rehabilitation Project
800 S Stockton Ave
Ripon, CA 95366
Date Report Description of Services Quantity Rate Total TASK: Concrete (PW)
2/23/22 NA211125.0032 Concrete Inspection ACI 4.00 $94.00 $376.00 2/23/22 NA211125.0032 PM/PE Review/Admin Support 1.00 $75.00 $75.00 2/23/22 NA211125.0032 Trip Charge (ea) 1.00 $45.00 $45.00 2/23/22 NA211125.0032 Compression Test Concrete Cylinders 5.00 $22.00 $110.00 Task Total $606.00
TASK: Sample Pick Up
2/24/22 NA211125.0033 Cylinder Pickup (hr) 2.00 $86.00 $172.00 2/24/22 NA211125.0033 Trip Charge (ea) 1.00 $45.00 $45.00 Task Total $217.00
TASK: Soils (PW)
2/24/22 NA211125.0034 AC/Soil Inspector w/Nuclear Gauge 4.00 $98.00 $392.00 2/24/22 NA211125.0034 PM/PE Review/Admin Support 1.00 $75.00 $75.00 2/24/22 NA211125.0034 Trip Charge (ea) 1.00 $45.00 $45.00 2/25/22 NA211125.0035 AC/Soil Inspector w/Nuclear Gauge 4.00 $98.00 $392.00 2/25/22 NA211125.0035 PM/PE Review/Admin Support 1.00 $75.00 $75.00 2/25/22 NA211125.0035 Trip Charge (ea) 1.00 $45.00 $45.00 Task Total $1,024.00
Invoice Total $1,847.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 2/28/2022 Page 1 of 1 Client #396776

1.2.N.a
Packet Pg. 70
Attachment: Invoice TG41399_Terracon-SC Approved (3359 : Terracon Consultants, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 03/08/2022
Subject: Destruction of Files - Administrative
RECOMMENDED ACTION: This resolution authorizes the destruction of certain financial records, documents, instruments, books, and papers.

Attachments:

1. Exhibit A: Vault Files for Destruction

1.3.A
Packet Pg. 71
RESOLUTION NO. 22-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING DESTRUCTION OF CERTAIN

FINANCIAL RECORDS, DOCUMENTS, INSTRUMENTS,

BOOKS, AND PAPERS
WHEREAS, Section 34090 of the Government Code of the State of California provides that with the approval of the legislative body by resolution, and with the written consent of the City Attorney, the head of a city department may destroy any city record, document, instrument, book, or paper under his/her charge, without making a copy thereof, after the same is no longer required; and
WHEREAS, the City of Ripon desires that no record shall be destroyed or otherwise disposed of by any department of the City unless it is deemed that the record has no further administrative, legal, or fiscal value, and that the City Clerk has deemed that the record is inappropriate for preservation in the City archives; and WHEREAS, the City of Ripon is desirous of destroying certain records that have outlived their usefulness to the City from a legal, fiscal, operational, and administrative standpoint; and WHEREAS, these certain records hold no historical value to the City of Ripon; and WHEREAS, these certain records have been identified for destruction pursuant to the City of Ripon Records Retention Schedule adopted on June 1, 2004; and WHEREAS, the City Attorney has approved in writing and has consented to the destruction of certain records, as shown on Exhibit A attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon authorizes the destruction of certain records selected by the Deputy City Clerk, with written consent of each department head, and with the written consent of the City Attorney, certifying that these records have outlived their usefulness to the City from a legal, fiscal, operational, administrative, or historical standpoint within the guidelines of the California Government Code, Section 34090, for Destruction of Records.

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

1.3.A
Packet Pg. 72
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker

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

By: ___________________________
LISA ROOS, City Clerk

1.3.A
Packet Pg. 73
Exhibit A
FY 2010/2011

ACCOUNTING FILES
Projected Destruction Date: 1/22
Destruction Date:

Requested By: Joanne Beukelman
Box 1
Cash Receipts 7/10 to 12/10
Box 2
Cash Receipts 1/11 to 6/11
Box 3
General Ledger Journals 7/10 to 12/10
Box 4
General Ledger Journals 1/11 to 6/11
General Ledger Year End Reports
Box 4-A
Journal Entries
Miscellaneous Journal Entries
Treasurer's Reports
Box 5
Accounts Payable Reports
Accounts Receivable Reports
Business License Reports
County/Misc./State Income
Returned Checks
1098's & 1099's (2011)
Box 6
Bank Statements
Booking Fees
Daily Bus Logs
Data Ticket Reports
Parking Citations
Box 7
Utility Billing Reports
*Above list also includes any like files prior to FY 2010/2011 that have not previously been destroyed.

1.3.A.a
Packet Pg. 74
Attachment: Exhibit A: Vault Files for Destruction (22-8 : Destruction of Files - Administrative) Exhibit A
FY 2013/2014

ACCOUNTING FILES
Projected Destruction Date: 1/22
Destruction Date:

Requested By: Joanne Beukelman
Box 7
Accounts Payable A -D
Box 8
Accounts Payable E - Mi
Box 9
Accounts Payable Mo -Q
Box 10
Accounts Payable R -U
Box 11
Accounts Payable V -Z

1.3.A.a
Packet Pg. 75
Attachment: Exhibit A: Vault Files for Destruction (22-8 : Destruction of Files - Administrative) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 03/08/2022
Subject: Peterson Grant Deed 259-170-02
RECOMMENDED ACTION:

I am requesting City Council adopt the proposed resolution accepting a grant deed for certain real property to the City of Ripon and to have the Mayor sign and execute any and all documents necessary to complete the aforementioned transaction.

BACKGROUND:

This grant deed for the property located at 259-170-02 is being dedicated to the City of Ripon to be used for public improvements.

Attachments:

1. Grant Deed

1.3.C
Packet Pg. 76
RESOLUTION NO. 22-9

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ACCEPTING A GRANT DEED OF CERTAIN REAL

PROPERTY TO THE CITY OF RIPON
WHEREAS, Arlene J. Peterson (“Seller”) is the owner of real property located in Ripon, San Joaquin County, California 95366 described in the Grant Deed attached hereto (“Property”); WHEREAS, the ownership of the Property by the City of Ripon will further the public interest;
WHEREAS, by execution of the Grant Deed attached hereto Seller conveyed the Property to the City of Ripon (“City”); and
WHEREAS, Government Code section 27281 mandates that deeds or grants conveying any interest or easement upon real property to a governmental agency for public purposes shall not be accepted by the County for recordation without consent of the grantee evidenced by its certificate or resolution of acceptance attached to or printed on the grand deed; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon, as follows:

The City Council hereby authorizes the Mayor to execute this Resolution of Acceptance consenting to the transfer of title to the Property from Seller to the City of Ripon and to execute such other documents as may be necessary, subject to the City Council’s prior authorization for the City to accept ownership of the Property.

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

1.3.C
Packet Pg. 77
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker

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

By: ___________________________
LISA ROOS, City Clerk

1.3.C
Packet Pg. 78

OFFICIAL BUSINESS
Document entitled lo free recording
Government Code Section 6103

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Rtpon259 N. Wilma Avenue
Ripon. California 95366
Attn: City Clerk
(Space above this line for Recorder’s Use)
Grant Deed
Thts transfer is exempt from the documentary transfer lax.

The docutnentarv transfer tax is S
and is computed on:

The full value of the ttiterest in the property conveyed.

The full value less the value of liens of encumbrances remaining at the time of sale.

For a valitable consideration, receipt of which is hereby acknowledged, Peterson, Arlene J hereby grants to the City of Ripon, a tmtnieipal corporation, the following described real property situated in the State of California. County of San Joaquin. tnore particularly described in Exhibit A attached to this Deed and incorporated in it by this reference.

Grantor, for the same consideration, acknowledges its intention to convey by this Dcccl not only all present right, title, and interest but also any and all right, title, and interest after—acquired by Grantor or its assigns in the above-described property.

Executed on:
(Date)

GRANTOR
Pi’opniv Otnei’ ‘s Name

1.3.C.a
Packet Pg. 79
Attachment: Grant Deed (22-9 : Peterson Grant Deed 259-170-02) Exhibit
Tract A
All that portion of land lying in the northwest quarter of Section 30, Township 2 South, Range 8 East, Mount Diablo Meridian, City of Ripon, County of San Joaquin, State of California, described as follows:

The east 30 feet of Lot 20 of Hartmeyer Tract, Tract No. 339, as filed in Book 14 of Maps and Plats, at Page 1, San Joaquin Records, said 30 feet lying south of and contiguous with lands described to the City of Ripon by Deed as Official Records Volume 519 Page 408, San Joaquin County Records.The above described parcel also being subject to all easements and right’s-of-way of record.

Containing 675 square feet (more or less)
Current assessment Parcels 259-170-02 -
‘ji k
if ::5/ \..
? DtC. S, Zol?

1.3.C.a
Packet Pg. 80
Attachment: Grant Deed (22-9 : Peterson Grant Deed 259-170-02) H
SECOND ST.

PROPERTY ACQUISITION
TRACT
A
A PORTION OF LOTS 20 OF HARTMEYER TRACT AS
SHOWN IN VOLUME 14 OF MAPS
& PLATS, PAGE 1

AND BEING IN
A PORTION OF SECTION 30 TOWNSHIP
2 SOUTH, RANGE 8 EAST MOM. CITY OF RIPON,
3D 0

ACQUISITION PARCEL
675 SQ. FT.
tXPEN SURVEY
C0 r’A NJ
N I NJ C.
./3 I12ICAKD3LER).rE 6 CDESTO C455253
PH 2Dc 525 572 FX (2O9 526 2572
Deceber 04. 2019

CITY OF RIPON
DEPT. of PUBLIC WORKS

EXHIBIT
siür
—
—
S 89’21 ‘00” E
LOT 21
14 MM’ 01
2:
8 RU E
LOT 19
14 MaP Dl
LOT 22
14 M&P0’
LOT 18
14 M&P DI

SAN JOAQUIN COUNTY

1.3.C.a
Packet Pg. 81
Attachment: Grant Deed (22-9 : Peterson Grant Deed 259-170-02) State of California
County of San Joaguin

ACKNOWLEDGEMENT
on4eptcio/iff / 2&2O before me, Carla RodriQuez, Notary Public (insert name and title of the officer)
personally appeared /9,’Z€’e /b$( Pre’—rrc&n—
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) aoted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
E.- CMLAODIGUEZ .- Notary Pubhc — CaJfom!j — — San JoaQu’n Counrv I . Tfljsoi22974 ACo,v,, ExesOc27zo2l A notary public or other officer completing thiscertificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
(seal)

1.3.C.a
Packet Pg. 82
Attachment: Grant Deed (22-9 : Peterson Grant Deed 259-170-02) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 03/08/2022
Subject: Process for Council Vacancy
RECOMMENDED ACTION:

This resolution approves the process for future City Councils to consider following when filling a City Council vacancy as an open and transparent process to find the most qualified individual to fill a vacant City Council seat.

BACKGROUND:

In the past 30 years, there have been two times that City Councils have had to determine how best to fill a vacancy on the City Council - once in 2014 and again in 2021.

Government Code 36512 provides that if a vacancy occurs in an elected office, the City Council must fill the vacancy by appointing a new councilmember within sixty (60) days from the commencement of the vacancy or by calling for a special election to fill the vacancy. The Government Code does not set out a specific process to be used to make the appointment, other than to require any interviews conducted by the full City Council are to be held in an open and public meeting.

DISCUSSION/ANALYSIS:

With the vacancies that were created on the Ripon City Council in 2014 and again in 2021, the City Council decided to fill the vacancy both times through an open and transparent process as outlined in the attached resolution that allowed any interested resident who meets the minimum criteria to apply and be considered for the appointment. The process not only yielded qualified individuals to fill the vacancy, but also minimized political tensions that can go along with such an appointment.

The City Council directed staff to memorialize the process used as a standard for future City Councils to consider if a vacancy occurs at the City Council again in the future.

Attachments:

1.3.D
Packet Pg. 83

1. 20211101 Staff Report

2. Flow Chart to Appoint

1.3.D
Packet Pg. 84
RESOLUTION NO. 22-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON APPROVING THE PROCESS FOR FUTURE CITY

COUNCILS TO CONSIDER WHEN FILLING A VACANT

CITY COUNCIL SEAT
WHEREAS, Government Code 36512 provides that if a vacancy occurs in an elected office, the City Council must fill the vacancy by appointing a new councilmember within sixty (60) days from the commencement of the vacancy or by calling for a special election to fill the vacancy; and WHEREAS, on two separate occasions since 2014, the Ripon City Council has taken action to fill a vacancy on the City Council; first, the vacancy created with the passing of Elden “Red” Nutt in 2014, and second, the vacancy created by the resignation of Timothy Wheeler in November, 2021; and WHEREAS, in both instances, the City Council voted not to proceed with a special election due primarily to cost and timing considerations. Instead, the City Council voted unanimously to fill the vacancy by appointment, and directed City staff to develop a fair, open and transparent public process for individuals applying and being considered for the appointment; and
WHEREAS, any individual not elected during an election cycle prior to when a City Council vacancy is created should not automatically be appointed by the City Council without a public and transparent process to ensure the most qualified individual is appointed; and WHEREAS, the resulting process is summarized in the Staff memorandum prepared by the City Administrator and the City Attorney dated November 1, 2021attached as Exhibit “A”, and the Flow Chart attached as Exhibit “B”; and
WHEREAS, the City Council finds that the implementation of the process in both 2014 and 2021 promoted public participation, provided a process which was fair and equitable for the applicants, and resulted in the appointment of highly qualified individuals; and WHEREAS, the City Council is aware that in making the findings and encouraging future City Councils to follow the process outlined in this Resolution, it cannot bind future Councils or diminish the discretion granted to them under State Law as referenced herein.

NOW, THEREFORE, BE IT RESOLVED that in the event of future vacancy(s) on the City Council, future City Council’s are encouraged to follow the process outlined in this Resolution and the attached exhibits, which has been found to provide an open and transparent process to fill the vacancy with a qualified individual while minimizing political tensions that can go along with such an appointment.

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

1.3.D
Packet Pg. 85
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker

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

By: ___________________________
LISA ROOS, City Clerk

1.3.D
Packet Pg. 86
Exhibit A
1 11/2/2021
MEMO
TO: Honorable City Council
FROM: Kevin Werner and Tom Terpstra
SUBJECT: Appointment to Fill Unexpired Term for a Vacant City Council Seat DATE: November 1, 2021
With the resignation of Councilmember Tim Wheeler effective November 12, 2021, a vacancy on the City Council has been created. Government Code 36512 provides that if a vacancy occurs in an elected office, the City Council must fill the vacancy by appointing a new councilmember within sixty (60) days from the commencement of the vacancy or by calling for a special election to fill the vacancy. At the October 28, 2021 Special City Council meeting, staff was directed to layout a process to move forward with the City Council to fill the vacancy by appointment.

Councilman Wheeler’s term is set to expire in November, 2024. The next general municipal election will occur in November, 2022. Because he is still in the first half of his term and there are more than 130 days between now and the next municipal election, whoever fills Councilman Wheeler’s vacancy will serve until the next municipal election. To be more specific, Gov. Code Section 36512(b)(2)(a) provides that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the Board is notified of the vacancy.

The appointed successor shall hold the office in this case until the next elected successor has been qualified. Then the elected successor shall fill the vacancy for the unexpired balance of the term of office.

Because Mr. Wheeler will vacate his seat on the Council within the first half of a 4-year term, and because the next general district election is more than 130 days from now, the Council’s appointed member will serve until the next election in November, 2022. Then whoever is elected to fill that vacancy will serve the remaining two years of Councilman Wheeler’s term until the seat is up for election again in 2024.

Appointment Process
Any appointment by City Council would become effective once that individual is sworn into office. The Election and Government Codes do not set out a specific process to be used to make the appointment, other than to require any interviews conducted by the full City Council to be held in an open and public meeting.

When a city council vacancy was created with the passing of Elden “Red” Nutt in 2014, the City Council developed a transparent process that allowed any interested resident who meets the minimum criteria1to apply and be considered for the appointment.

1 Minimum criteria to apply and be considered for the vacant city council seat is 18 years of age, reside within the corporate limits of the City of Ripon, and be registered to vote in the City of Ripon.

1.3.D.a
Packet Pg. 87
Attachment: 20211101 Staff Report (22-10 : Process for Council Vacancy) Exhibit A
2 11/2/2021
The following is a summary of that process along with a proposed schedule to fill the seat vacated by Mr.

Wheeler:

November 9, 2021: City Council (regular meeting) to approve the application and direct staff to open the application period from November 10th to closing on November 18th at 5:30 pm. Staff will coordinate a public notice to be printed in the Manteca Bulletin and post the application on the City’s website.

November 23, 2021: City Council meeting (special meeting) to review submitted applications, determine format for interviews, and scoring methodology.

December 2, 2021: City Council meeting (special meeting) to conduct applicant interviews.

December 14, 2021: City Council meeting (regular meeting) to score applicants and appoint.

City Council Action:

City Council to consider approving the above process to fill the vacant City Council seat along with the attached Council Member Appointment Application.

1.3.D.a
Packet Pg. 88
Attachment: 20211101 Staff Report (22-10 : Process for Council Vacancy) SAMPLE
First Round of Interviews
Ballots
Process Completed Turn in rankings—
applicants with two lowest scores do a second
interview
Ballots
Process Completed Suspend consideration
until Dec 14
Ballots
If only 2 applicants If >2 applicants
If one applicant receives three ballots
If no one applicant
receives three ballots
If one applicant receives three ballots
If no one applicant
receives three ballots
Process Completed Turn in rankings—
applicants with two lowest scores do a third
interview
If one applicant receives three ballots
If no one applicant
receives three ballots
Ballots
Process Completed Suspend consideration
until Dec 14
If one applicant receives three ballots
If no one applicant
receives three ballots

CITY COUNCIL APPLICANT SELECTION PROCESS
Dec 7, 2021
Exhibit B

1.3.D.b
Packet Pg. 89
Attachment: Flow Chart to Appoint (22-10 : Process for Council Vacancy) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 03/08/2022
Subject: Planning Commission Appointment
RECOMMENDED ACTION:

This resolution approves appointing Steve Stevenson (currently serving as alternate) to Seat No. 3 on the Planning Commission and Jeff Veilleux to Seat No. 6 as an alternate on the Planning Commission.

BACKGROUND:

On December 14, 2021, Planning Commissioner Gary Barton was appointed to the vacant seat on the City Council. With this appointment, an opening was created on the Planning Commission.

DISCUSSION/ANALYSIS:

As provided in the Ripon Municipal Code, the Mayor directed staff to advertise for Planning Commission applications. Following the review of the applications, five individuals were scheduled for interviews, including:

Jeff Veilleux
Darrel Nelson
Kathy Van Slyke
Steven Verver (did not show)
David Murphy (did not show)
The Mayor’s selection committee, which consisted of the Mayor, Councilmember Barton and the Planning Director recommends that Steve Stevenson (currently serves as an alternate) is appointed to Seat No. 3 and appoint Jeff Veilleux as an alternate to Seat No. 6 on the Planning Commission.

1.3.E
Packet Pg. 90
RESOLUTION NO. 22-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON CERTIFYING THE APPOINTMENT AND TERM TO

FILL A PLANNING COMMISSION VACANCY
WHEREAS, the City of Ripon is desirous of filling the existing vacancies on the Planning Commission; and
WHEREAS, the persons being appointed have expressed their interest in serving on the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon as follows:

PLANNING COMMISSION:

Appoints as a voting member to a 4-year term:

Steve Stevenson Seat 3
Appoints a new member to a 1-year alternate seat:

Jeff Veilleux Seat 6 (alternate)
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of March, 2022, by the following vote:

RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker

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

By: ___________________________
LISA ROOS, City Clerk

1.3.E
Packet Pg. 91
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 03/08/2022
Subject: Claim - Robyn Gordon
RECOMMENDED ACTION:

After consideration and investigation, it is the City’s claim administrator’s recommendation that the claim be rejected.

BACKGROUND:

Robyn Gordon submitted a claim to the City of Ripon on January 31, 2022 for damage done to her tires when she encountered a pothole on Santos Avenue between Jack Tone Road and a service road. She is seeking $534.64 to replace her two damaged front tires from the incident.

DISCUSSION/ANALYSIS:

The City’s claim administrator, Doug Redifer, reviewed the claim submitted. Government Code Section 835 gives immunity to public entities for incidents such as this when they had no knowledge of the condition prior to the occurrence. Upon investigation, it was also found that the pothole was created by trenching done by a construction company when installing a line for a project in the area. Mr. Redifer has tendered this claim to the responsible party and finds the City to have no liability for this loss.

Accordingly, it is Mr. Redifer’s recommendation that this matter be submitted to the City Council for the claim to be rejected.

1.4.A
Packet Pg. 92
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 03/08/2022
Subject: Assignment and Assumption Agreement - Meadowood RECOMMENDED ACTION:

Consent to the Assignment and Assumption Agreement allowing Dasco Greenwood, LLC to purchase the project and land from Meadowood Ripon, LLC located on the west side of Fulton Avenue between Arc Way and W. Colony Road and authorize the Mayor to sign the acknowledgement and acceptance by the City.

DISCUSSION/ANALYSIS:

The Meadowood development project was initially approved on February 13, 2018 and a Development Agreement was entered into between the City of Ripon and Meadowood Ripon, LLC. The development project is located between Fulton Avenue and Goodwin Drive about halfway between Colony Road and Arc Way. The project is a medium density single family home development project containing eighty-eight (88) homes.

Previously on February 9, 2021 the City received a request to assign the Development Agreement to CP Meadowood, LLC (another home builder). As such, the City Council approved an assignment and assumption to that buyer at the March 9, 2021 City Council meeting. That buyer ended up falling through and the assignment and assumption was never fully executed for the project.

On February 2, 2022 Staff received another request from Mid-Valley Engineering (MVE) to allow assignment and assumption of the Meadowood Development Agreement to Dasco Greenwood, LLC. The attached assignment and assumption agreement allows for this transaction.

Attachments:

1. Assignment and Assumption of DA -Meadowood Dasco

1.4.B
Packet Pg. 93
1 RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Ripon
259 N. Wilma Avenue
Ripon, California 95366

ASSIGNMENT AND

ASSUMPTION OF DEVELOPMENT AGREEMENT
This Assignment and Assumption of Development Agreement (the “Assignment”) is made and entered into this ___ day of March, 2022, by and between MEADOWOOD RIPON, LLC, (“Developer” or “Assignor”), Mangelos Brothers, Inc., a California Corporation, Theodore J. Madzey and Kerry Madzey, husband and wife as Joint Tenants, and Ripon LLC, a California Limited Liability Company (“Assignor”) and Dasco Greenwood, LLC, a California Limited Liability Company (“Assignee”) with reference to the following facts:

A. On or about February 13, 2018, the City of Ripon (“City”), and Developer entered into a Development Agreement for the development of real property (the “Subject Property”) which was recorded on July 3, 2018, as Instrument No. 2018-074286, Official Records of San Joaquin County, California, referred to as the “Development Agreement”; B. Section 10 of the Development Agreement provides for the assignment by Assignor of all or any portion of Assignor’s interests, rights, or obligations in the Development Agreement to third parties upon approval by the City, such approval not to be unreasonably withheld, and an assignment by Developer to a proposed Assignee was approved but not recorded in 2021;
C. In accordance with the terms of the Development Agreement, Developer has provided to City a written request for consent to assignment, a copy of which is attached hereto as Exhibit “1”, and the City Council has received such testimony and other information as it deems appropriate and as is deemed appropriate by the City Attorney for the purpose of determining that Assignee is a qualified applicant for purposes of the foregoing terms of the Development Agreement. This Agreement is intended to meet the requirements of the Development Agreement as an Assignment and Assumption Agreement, and is executed with the consent of the City as contemplated in the Development Agreement.

NOW, THEREFORE, in consideration of the usual covenants and agreements of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

1. Incorporation of Recitals. The foregoing Recitals are true and are incorporated herein by this reference as though set forth in full.

2. Assignment. Developer hereby assigns and delegates to Assignee all of its interest in all rights, obligations and duties of Developer under the terms of the Development

1.4.B.a
Packet Pg. 94
Attachment: Assignment and Assumption of DA -Meadowood Dasco (3351 : Assignment and Assumption Agreement - Meadowood) 2 Agreement with respect to the development of the Property as described in the Development Agreement, including all exhibits thereto, and specifically including all agreements therein with respect to affordable housing. The term “Assignee” shall include related entities of Assignee.

3. Assumption. Assignee hereby accepts the foregoing assignment and delegation and agrees to perform the obligations of Developer under the Development Agreement, as defined herein, to the extent not sooner performed by Developer.

4. Effective Date. The foregoing assignment and delegation and assumption, and the City’s consent hereto, shall take effect and be binding upon Assignee upon the approval by the City Council of this Agreement.

5. Condition. Assignee represents and warrants that it has reviewed and is familiar with the terms and conditions of the Development Agreement, and for the benefit and reliance of City, that it acknowledges that the obligations, rights and duties are as set forth in the Development Agreement, and that the duties of the Developer thereunder and the duties of Assignee hereunder, as between Assignee and the City, shall be without reference to any underlying agreements or understandings that may exist between Assignee, Developer or any Owner or other party with respect to the subject matter hereof, and that the City is not party to such other agreements.

6. Payment of Costs. As a condition of, and prior to approval of this Assignment by the Ripon City Council, Assignee shall reimburse City’s reasonable costs, including staff time and attorneys’ fees in connection with the preparation of this Assignment in the agreed amount of ONE THOUSAND FIVE HUNDRED Dollars ($1,500). Assignee shall also pay all recording costs of the City in connection with the recording of this Assignment. [Signatures on Following Page]

1.4.B.a
Packet Pg. 95
Attachment: Assignment and Assumption of DA -Meadowood Dasco (3351 : Assignment and Assumption Agreement - Meadowood) 3 IN WITNESS WHEREOF, the undersigned have executed this Assignment the date and year first above set forth.

ASSIGNORS:

MEADOWOOD RIPON, LLC
Dated: __________________ By: DASCO DEVELOPMENT NO. 1, LLC, a California limited liability company
Its: Manager
By: DeLaMARE FAMILY INVESTMENTS
NO. 1, L.P., a California limited partnership,
Its: Managing Member
By: KCD, INC., A California corporation
Its: General Partner
By:

PHILLIP KIRK DELAMARE
Its: President
ASSIGNEE:

Dated: __________________ DASCO GREENWOOD, LLC.
a California Limited Liability Company
By: DeLaMARE FAMILY INVESTMENTS
NO. 1, L.P., a California limited partnership
Its: Manager
By: KCD, INC., a California corporation,
Its: General Partner
By:

PHILLIP KIRK DELAMARE
Its: President

1.4.B.a
Packet Pg. 96
Attachment: Assignment and Assumption of DA -Meadowood Dasco (3351 : Assignment and Assumption Agreement - Meadowood) 4 ACKNOWLEDGMENT AND ACCEPTANCE BY CITY
The City of Ripon, California, hereby executes this acknowledgment and acceptance certificate, not as a party to the Assignment and Assumption Agreement, but for the purpose of acknowledging the terms thereof, and confirming that the City Council of City has consented to the assignments set forth herein and that the City Attorney of City has approved the Assignment as to form in accordance with the Development Agreement referred to above. It is further understood and agreed that the term “Assignee” includes related entities of Assignee, including partnerships, corporations, LLC’s and other entities in which Assignee retains a majority ownership of the subject property.

CITYOF RIPON
a California Municipal Corporation
By: ______________________________
Dean Uecker, Mayor
Dated: ____________________, 2022
ATTEST: CLERK OF THE CITY COUNCIL
By: ________________________________
Lisa Roos, City Clerk
Dated: ____________________, 2022
APPROVED AS TO FORM: CITY ATTORNEY
By: ________________________________
Thomas H. Terpstra
Dated: ____________________, 2022

1.4.B.a
Packet Pg. 97
Attachment: Assignment and Assumption of DA -Meadowood Dasco (3351 : Assignment and Assumption Agreement - Meadowood) Exhibit 1 1.4.B.a
Packet Pg. 98
Attachment: Assignment and Assumption of DA -Meadowood Dasco (3351 : Assignment and Assumption Agreement - Meadowood) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 03/08/2022
Subject: Asphalt Repair Contract
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the contract with Dirt Dynasty, Inc. to repair asphalt in various locations throughout the City where excavations have occurred to make repairs to City underground utilities and potholes in the not to exceed amount of $57,600 (funding source:

Water & Sewer Enterprise Capital Funds and the Street and Road Operating Fund).

BACKGROUND:

Existing utilities located beneath City streets require excavation at times to make necessary repairs. Following the repair by City public works staff, the excavation is backfilled and a temporary cold mix asphalt is placed until such time a permanent repair is made to the asphalt by obtaining a contractor to remove the cold patch and place hot mix asphalt. Staff tracks the areas throughout the City that require the permanent repair and obtains a contractor semi-annually to make these permanent repairs.

DISCUSSION/ANALYSIS:

Currently there are 28 locations that require this type of localized asphalt repair. Staff is proposing the City hire a contractor under a maintenance contract to remove the sections of temporary paving and restore with permanent hot mix asphalt. Although the majority of the areas to be fixed are due to water leaks there are a handful of patches related to sewer and miscellaneous roadway potholes. The table below is a breakdown of the asphalt patches to be repaired.

Water Leak Repairs 23
Roadway Pot Holes 4
Sewer Repairs 1
Total Patches 28

1.4.C
Packet Pg. 99
Additionally the contractor will focus on repairing certain manhole frames and covers that need immediate attention around the Jack Tone Road interchange near the Loves and Flying J truck stops.

The attached proposal/contract is for Dirt Dynasty, Inc. to perform these repairs within 40 calendar days.

FISCAL IMPACT:

The attached maintenance project has a not to exceed cost of $57,600, which will be paid for through a combination of the Water Enterprise Capital Fund, Sewer Enterprise Capital Fund and the Street and Road Operating Fund.

Attachments:

1. Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf

1.4.C
Packet Pg. 100

CITY OF RIPON

SAN JOAQUIN COUNTY, CALIFORNIA

SPECIFICATIONS
0BFOR
Asphalt Patch & Repair Project

1.4.C.a
Packet Pg. 101 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract)

TABLE OF CONTENTS

DESCRIPTION SECTION
PROPOSAL………………………………………………………………. SECTION 1
CONTRACT………………………………………………………………. SECTION 2
INSURANCE REQUIREMENT FOR CONTRACTORS.................….SECTION 3

1.4.C.a
Packet Pg. 102 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract)

CITY OF RIPON

PROPOSAL
SECTION 1

1.4.C.a
Packet Pg. 103 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) P.O. Box 67 CSLB No. 1009473 (Class A)
Farmington, CA 95230 DIR No. 1000035884
Ph: 209. 623.1141 DBE No. 43376
Fax: 209.623.1142
February 25, 2022
Rev: March 2, 2022
City or Ripon
Attn: James Pease
Project: Miscellaneous Patch Paving and Adjust Utilities Dirt Dynasty, Inc. (DDI) is pleased to offer for your review and consideration the following proposal for work at the above referenced project.

PRICING

1. Miscellaneous Patch Paving 660 sf $ 60.00 $39,600.00

2. Adjust Utilities 4 ea $4,500.00 $18,000.00
$57,600.00
Conditions & Scope:

Furnish all labor, materials, tools, equipment, transportation, and incidentals necessary for the items listed on our proposal and further defined as follows… • Sawcut & Remove AC at locations provided.
• Tack Coat All Edges Prior to Placing AC
• Place 4” AC at areas listed in one (1) Lift.
• Placement will be a combination for Hand Work
• DDI will Off Haul Material of all Patch Areas
• Additional Area will result in additional cost. Cost to be negotiated upon final quantity as determined by owner.
• If a reduction in quantity occurs, the unit price may need to be revised. • Final quantity to be determined prior to mobilization • AC Materials Pricing is good till April 30, 2022
• All work to be completed under a mutually agreeable schedule and in one (1) Mobilization.

Exclusions:
• Potholing
• Permits/Fees (unless otherwise noted)
• Traffic Control Plan
• Compaction Testing
• Striping
• SWPPP
• Installation of BMP’s
• Street Sweeping; we will hand sweep all areas upon completion of Patching operation • Dust Control
• Raise/Adjusting of Utilities; other than the locations shown on provided Exhibit.

1.4.C.a
Packet Pg. 104 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) City of Ripon
02/25/2022
• Construction Water to be provided by Owner
• General Notes:
o All work after June 30, 2022, will be subject to rate increases of $5/hour for all associated labor per year.
o Dirt Dynasty, Inc. reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid date.
o Schedule shall be mutually agreeable.

Thank You for the opportunity to quote this project.

Sincerely
DIRT DYNASTY, INC.

Steve McPeak
Steve McPeak
Estimator / Project Manager

1.4.C.a
Packet Pg. 105 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 1 CONTRACTOR:__________________________________________________________________________ ADDRESS: ___________________________________________TELEPHONE NO.: ___________________ CONTRACTOR’S LICENSE NO.: ___________________ LICENSE EXPIRATION DATE: _______________ PUBLIC WORKS REGISTRATION (PWCR) NO: ______________
BY: _________________________________ TITLE:_________________________ The contractors’ license number and expiration date stated herein are made under penalty or perjury.

1.4.C.a
Packet Pg. 106 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract)

CITY OF RIPON

CONTRACT
SECTION 2

1.4.C.a
Packet Pg. 107 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 1 CONTRACT FOR
Asphalt Patch & Repair Project

RIPON, CALIFORNIA
This Contract made and entered into this 8th day of March , 2022 by and between the CITY OF RIPON, hereinafter called the "City" whose office and principal place of business is in Ripon, San Joaquin County, California, and Dirt Dynasty, Inc. hereinafter called the "Contractor", who’s Post Office address is P.O. Box 67, Farmington, CA 95230. - WITNESSETH -
That the City has awarded to the Contractor upon his proposal duly submitted, the Contract for doing the work and furnishing the materials and equipment described in the Plans and Specifications bound herewith, on the terms stated as follows:

1. Contractor Agrees:
a) To do all the work and furnish all labor, material, equipment and appliances to complete the work in accordance with the plans and specifications. b) To do and perform said work diligently as directed by the City until completion is evidenced by written acceptance.

c) To complete said work within the time stated in the proposal.

d) To furnish to the City within five (5) days after signing of Contract a surety bond for the faithful performance of the Contract and also a labor-material bond, each in the sum of one hundred (100%) percent of the Contract price. e) To do and perform the work contemplated hereby and furnish all labor, material, appliances, equipment, tools, and pay all taxes therefore, in the amount and at the prices specified in the proposal form submitted by the Contractor, a conformed copy of which is attached to and made a part of the Contract
f) To procure and maintain Commercial General Liability, Automobile Liability, Workers’ Compensation and Employers’ Liability coverage forms and endorsements, as specified in the Insurance Requirements for Contractors. g) That the obligation to procure and maintain the required insurance coverage is independent of the Contractor’s obligation to defend, hold harmless and indemnify the City as specified in this Contract. The failure of the Contractor to procure and maintain the required liability insurance does not in any way negate the Contractor’s obligations in this Contract.
h) That in the event of loss due to any of the perils for which it has agreed to provide liability insurance coverage, Contractor shall look solely to its

1.4.C.a
Packet Pg. 108 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 2 insurance for recovery. Contractor hereby grants to the City, on behalf of any insurer providing liability coverage to either Contractor or City, a waiver of any right to subrogation which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance. i) Wherever and whenever the word “City” is used in this Contract, it shall mean the “City of Ripon.” This shall also apply to the Insurance Requirements for Contractors, as well as to the Proposal, Contract, Specifications and all required bonds. The address of the City is 259 North Wilma Avenue, Ripon, CA 95366.

2. The City agrees to pay the Contractor the Contract prices provided for herein in the following manner:
a) Progress payments will be made monthly for this contract. At the completion of all the work detailed on the plans and in the specifications for “ASPHALT PATCH & REPAIR PROJECT", the contractor shall submit a payment request for ninety (90%) percent of the total value of the work. Forty (40) days after the completion of the work and its acceptance by the City, including filing a Notice of Completion with the San Joaquin County Recorder's Office, the full amount due to the Contractor and then unpaid, less any previous payments and deductions provided for herein, if any there may be, shall be paid by the Owner to the Contractor.

3. It is further agreed by the parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

4. It is expressly understood and agreed that a waiver of any of the conditions or covenants of this Contract shall not be considered a waiver of any of the provisions hereof.

5. All provisions of the Occupational Safety and Health Administration Code (OSHA), and California Occupational Safety and Health Administration Code (CAL-OSHA), as they apply to this project, shall be followed.

6. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:

Accepted Proposal
Contract
City of Ripon Standard Specifications

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in

1.4.C.a
Packet Pg. 109 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 3 duplicate, on the day and year first above written.

BY:
(CITY OF RIPON)
CONTRACTOR:

BY:

TITLE:

1.4.C.a
Packet Pg. 110 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 4 HOLD HARMLESS AND INDEMNIFICATION
Contractor hereby agrees to defend, hold harmless and indemnify the City, its officers, public officials, employees and volunteers from and against any and all liabilities, loss, damage, expenses (including without limitation the costs and fees associated with any associated litigation) of any nature arising out of or in connection with the work performed by the Contractor or Contractors employees or agents, or by the Contractor’s failure to comply with the obligations specified in this Contract, except such loss or damage caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, public officials, employees or volunteers.

Contractor: Dirt Dynasty, Inc.
_______________________________________________________ By _____________________________________ Date_________________

1.4.C.a
Packet Pg. 111 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 1 CITY OF RIPON

INSURANCE REQUIREMENTS

FOR CONTRACTORS
SECTION 3

1.4.C.a
Packet Pg. 112 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 2 INSURANCE REQUIREMENTS FOR CONTRACTORS
BIDDER’S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT

IS HIGHLY RECOMMENDED THAT BIDDERS CONSULT WITH THEIR RESPECTIVE

INSURANCE AGENTS, BROKERS OR CARRIERS TO DETERMINE IN ADVANCE OF BID

SUBMISSION THE AVAILABILITY OF CERTIFICATES OF INSURANCE AND ENDORSEMENTS AS PRESCRIBED HEREIN. IF AN APPARENT LOW BIDDER FAILS TO

COMPLY WITH THE INSURANCE REQUIREMENTS IN THIS PROPOSAL, THAT BIDDER MAY BE DISQUALIFIED FROM BEING AWARDED THE CONTRACT.

Contractor shall procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.

A. MINIMUM SCOPE OF INSURANCE

1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $2,000,000.

2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 01 entitled ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORSCOMPLETED OPERATIONS.

3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.

4. An Automobile Liability Special Endorsement at least as broad as Exhibit 1 (attached) to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).

5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.

1.4.C.a
Packet Pg. 113 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 3 6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.

B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
(Including operations, If Commercial General Liability
products and completed insurance or other form with a
operations.) general aggregate limit shall apply
separately to this project/locations or
the general aggregate limit shall be
twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, public officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. OTHER INSURANCE PROVISIONS
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

1. The City, its officers, public officials, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials,

1.4.C.a
Packet Pg. 114 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 4 employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Ripon.

E. ACCEPTABILITY OF COMMERCIAL INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A: VII.”
F. VERIFICATION OF COVERAGE
Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies conform to the requirements of the Contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

G. SUBCONTRACTORS
Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.

H. DEFENSE, HOLD HARMLESS AND INDEMNIFICATION
Contractor shall defend, hold harmless and indemnify the City, its officers, public officials, employees and volunteers from and against any and all liabilities, loss, damage,

1.4.C.a
Packet Pg. 115 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 5 EXHIBIT A
expenses (including without limitation the costs and fees associated with any associate litigation) of any nature arising out of or in connection with the work performed by the Contractor, or by the Contractor’s failure to comply with the obligation specified in this Proposal, except such loss or damage caused by the sole negligence or willful misconduct of the City, its officers, public officials, employees or volunteers I. FOR CONSTRUCTION RISKS
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.

The Course of Construction insurance policies shall contain the following provisions:

1. The City shall be named as loss payee, and

2. The insurer shall waive all rights of subrogation against the City.

1.4.C.a
Packet Pg. 116 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 6 INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
(Title) (Department)
(Company)
(Street Address)
(City) (Street) (Zip Code)
( ) (Telephone)

1.4.C.a
Packet Pg. 117 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) 7 SIGNATURE OF INSURER OR

AUTHORIZED REPRESENTATIVE OF THE INSURER
I, _____________________________________________(print/type name), warrant that I have the authority to bind the below listed insurance company and by my signature Hereon do so bind this company.
____________________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on
Endorsement furnished to the City)
ORGANIZATION: ________________________________________________________ TITLE: _________________________________________________________________ ADDRESS:

TELEPHONE: ( )

NOTE: This form must be signed by the “Authorized
Representative” NOT the Contractor.

1.4.C.a
Packet Pg. 118 Attachment: Asphalt Repair - Dirt Dynasty, Inc. Contract 2022.pdf (3198 : Asphalt Repair Contract) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 03/08/2022
Subject: Wastewater Treatment Plan Groundwater Monitoring and Reporting Change Order 10
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign Change Order No. 10 with Stantec Consulting Services, Inc. in the not to exceed amount of $39,350 to extend their Quarterly and Annual Groundwater Monitoring and Reporting at the Ripon Wastewater Treatment Facility until February 26, 2025 (funding source: Sewer Enterprise Operating Fund).

BACKGROUND:

At the October 7, 2003 City Council Meeting, Council entered into a Professional Services Agreement with Stantec Consulting Services, Inc. to provide annual Groundwater Monitoring and Reporting at the Wastewater Treatment Facility, as required by the City’s waste discharge permit requirements. Subsequently, Addendum Numbers 1 through 9 were issued extending the contract time. Change Order No. 10 has been prepared due to the fact that our previous agreement with Stantec has expired as of December 31, 2021.

FISCAL IMPACT:

The attached Change Order No. 10 outlines a cost for Groundwater Monitoring and Reporting services from Stantec Consulting Services, Inc. for a not-to-exceed amount of $39,350 and will be funded through the Sewer Enterprise Operating Fund.

Attachments:

1. CO10_Stantec Consulting Services, Inc

1.4.F
Packet Pg. 119

PROFESSIONAL SERVICES AGREEMENT CHANGE ORDER
V:\1840\active\184030139\Contract Agreements and Addendums\200301 - city_of_ripon_addendum_co_10_184030139_RIPN03-002_rev2.docx Change Order # Change Order No 10 Date 1 March 2022
“STANTEC” STANTEC CONSULTING SERVICES INC.

STANTEC Project # 184030139
1340 Treat Blvd. Suite 300, Walnut Creek, CA
Ph: (925) 296-2126 Fx:
email: [email protected]

CLIENT CITY OF RIPON
Client Project #
259 N. Wilma Ave., Ripon, CA 95366
Ph: (209) 599-2108 Fx:
email: [email protected]
Project Name and Location: Groundwater Monitoring and Reporting In accordance with the original Professional Services Agreement dated 7 October 2003 and Change Orders thereto, the Agreement changes as detailed below are hereby authorized.

This change order has been prepared and authorizes groundwater reporting services in three-year increments.

Accordingly, beginning with the fourth quarter/annual of 2021 report, this addendum will expire with the completion of the fourth quarter/annual report for 2024 groundwater monitoring report and by February 26, 2025.

Task 1: Continued Groundwater Monitoring and Reporting for the WWTF Note that this change order task only extends the contract time for preparation of your Regional Board required quarterly and annual groundwater monitoring reports for the City’s WWTF. We propose to prepare your quarterly reports for a fee of $2,150 (1st, 2nd, and 3rd quarters) and the annual report for a fee of $5,000 (yearly total of not to exceed $11,450 per year for a total through the fourth quarter 2024 report of $39,350). See breakdown of fees below.

TOTAL CHANGE ORDER AUTHORIZATION: $39,350
Effect on Schedule: None
Payments shall be made in accordance with the original agreement terms. All other items and conditions of the original Agreement shall remain in full force and effect.

STANTEC CONSULTING SERVICES INC. CITY OF RIPON
Thomas Butler, Senior
Hydrogeologist Dean Uecker, Mayor
Print Name and Title Print Name and Title
Signature Signature
Date Signed: Date Signed: 3/1/2022

1.4.F.a
Packet Pg. 120 Attachment: CO10_Stantec Consulting Services, Inc (3360 : Wastewater Treatment Plan Groundwater Monitoring and Reporting Change Order Stantec
Year Report Fee
2021 Annual/4th Quarter Report $5,000
2022 1st Quarter Groundwater Monitoring Report $2,150
2022 2nd Quarter Groundwater Monitoring Report $2,150
2022 3rd Quarter Groundwater Monitoring Report $2,150
2022 Annual/4th Quarter Report $5,000
2023 1st Quarter Groundwater Monitoring Report $2,150
2023 2nd Quarter Groundwater Monitoring Report $2,150
2023 3rd Quarter Groundwater Monitoring Report $2,150
2023 Annual/4th Quarter Report $5,000
2024 1st Quarter Groundwater Monitoring Report $2,150
2024 2nd Quarter Groundwater Monitoring Report $2,150
2024 3rd Quarter Groundwater Monitoring Report $2,150
2024 Annual/4th Quarter Report $5,000
Total 2021 (excludes 1st, 2nd, 3rd quarters) $5,000
Total 2022 $11,450
Total 2023 $11,450
Total 2024 $11,450
Change Order 10 Grand Total $39,350

1.4.F.a
Packet Pg. 121 Attachment: CO10_Stantec Consulting Services, Inc (3360 : Wastewater Treatment Plan Groundwater Monitoring and Reporting Change Order City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 03/08/2022
Subject: Oppose Initiative 21-0042A1
RECOMMENDED ACTION:

Staff is recommending the City Council oppose the Taxpayer Protection and Government Accountability Act (AG# 21-0042A1) and approve the attached resolution.

BACKGROUND:

In 2018, the Tax Fairness, Transparency and Accountability Act (AG# 17-0050A1), was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. The measure was met with opposition and the measure’s proponents withdrew the initiative from the ballot in June 2018.

DISCUSSION/ANALYSIS:

On Jan. 4, 2022, the California Business Roundtable filed the Taxpayer Protection and Government Accountability Act (AG# 21-0042A1). This measure is far more detrimental to cities than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations.

Generally, the Taxpayer Protection and Government Accountability Act limits voters’ authority, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold violators of state and local laws accountable. The following summarizes specific concerns with the proposed legislation:
1) Limit voter authority and accountability
 Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures.  Invalidates the Upland decision that allows a majority of local voters to pass special taxes. Taxes proposed by the Initiative are subject to the same rules as taxes placed on the ballot by a city council. All measures passed between January 2022 and Packet Pg. 122
November 2022 would be invalidated unless reenacted within 12 months. 2) Restrict local fee authority to provide local services  Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be “reasonable” which must be proved by “clear and convincing evidence.”
 Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence. 3) Restrict authority of state and local governments to issue fines and penalties for violations of law
 Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
4) Restrict local tax authority to provide local services  Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service).  City charters may not be amended to include a tax or fee.  New taxes can be imposed only for a specific time period.  Taxes adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.
 All state taxes require majority voter approval.
 Prohibits any surcharge on property tax rate and allocation of property tax to state. 5) Other changes
 No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON OPPOSING THE TAXPAYER PROTECTION AND

GOVERNMENT ACCOUNTABILITY ACT
WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

THEREFORE, BE IT RESOLVED that the City of Ripon, opposes Initiative 21-0042A1.

THEREFORE, BE IT FURTHER RESOLVED, that the City of Ripon will join the NO on Initiative 21-0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

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

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RESULT: TABLED Next: 4/12/2022 6:00 PM

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

By: ___________________________
LISA ROOS, City Clerk
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Sarah Collins, Senior Civil Engineer
Date: 03/08/2022
Subject: Parcel Map 21-62

RECOMMENDED ACTION
Accept Parcel Map No. 21-62 (1501 North Jack Tone Road) from Pilot Travel Centers, LLC and authorize the Mayor, City Engineer and City Clerk to sign for recording.

BACKGROUND
This parcel map is to subdivide 16.92 acres into two (2) parcels located at 1501 North Jack Tone Road in the C4 (Highway Service Commercial) district. The purpose of the subdivision is to divide the vacant area of the site (currently for sale) from the larger fully developed site (currently Pilot Travel Center). The Tentative Parcel Map was submitted and approved by the Planning Commission at the September 20, 2021 meeting.

Attached is a copy of the Parcel Map 21-62 (located at 1501 North Jack Tone Road). This Parcel Map has been submitted to the County for their review and signature. The map has been signed by the County Surveyor and is now ready for the City’s signature. The Treasurer-Tax Certificate and Subdivision Guarantee have been received.

Attachments:

1. Parcel Map 21-62
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a
Packet Pg. 127 Attachment: Parcel Map 21-62 (3346 : Parcel Map 21-62) a
Packet Pg. 128 Attachment: Parcel Map 21-62 (3346 : Parcel Map 21-62) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Sarah Collins, Senior Civil Engineer
Date: 03/08/2022
Subject: Stockton Avenue Rehabilitation Change Order 9
RECOMMENDED ACTION:

Approve Change Order No. 9 in the not to exceed amount of $40,076 for additional potholing required to adhere to PG&E internal standards, demolition of an industrial sewer manhole found within the proposed curb and gutter, upsizing street light conduits and the demolition of asphalt found buried beneath existing soil on Stockton Avenue (funding sources: Sewer Enterprise Capital Fund and Measure K).

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.

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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.

At the February 8, 2022 City Council meeting, Council approved Change Order No. 8 in the not to exceed amount of $36,120.00 for four field changes required to resolve storm drain conflicts.

DISCUSSION:

Additional potholing was necessary to adhere to PG&E internal standards, which were brought up by the PG&E Stand-By personnel on site as the project approached the grading and electrical trenching operations. The change order covers for the additional costs for potholing every 50 feet above the PG&E transmission line per PG&E requirement.

An existing industrial sewer manhole at the south end of Stockton Avenue was found to be within the new curb and gutter alignment. Due to this issue, the manhole had to be removed.

The conduit for the future streetlights at the East Fourth Street and Second Street intersections needed to be upsized from a 1” conduit to a 4” conduit to allow for space for the necessary street light cables.

Additional asphalt was found buried underneath existing soil on Stockton Avenue. These areas will need additional demolition work to remove the asphalt, which differs from the original assumption of gravel demolition.

FISCAL IMPACT:

The attached Change Order No. 9 is in the amount of $40,076 and will be funded through the Sewer Enterprise Capital Fund ($950) and Measure K ($39,126).

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To summarize the funding sources to date for the Stockton Avenue Rehabilitation project, please see table below.

Amount Fund Balance
(1/31/22)
Original Contract Price $4,747,866.50 n/a
Change Orders (No. 1-9) $ 564,018.90 n/a
Current Contract Price $5,311,885.40
Funding Sources:

RSTP Grant $1,777,000.00 $1,777,000
Measure K Regional Arterial a $2,018,956.76 $2,200,000
Water Enterprise Capital $ 624,368.93 $6,622,780
Sewer Enterprise Capital $ 814,018.94 $1,426,069
Stormwater Enterprise Capital $ 77,540.77 $410,113
Allocated Funding (as of 2/28/22) $5,311,885.40
a. The City of Ripon was allocated $2.2 million of Measure K Regional Arterial funding. As of 2/28/22, $181,043.24 is available to be allocated to future change orders.

Attachments:

1. CO 9_D.A. Wood Construction, Inc
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a
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Attachment: CO 9_D.A. Wood Construction, Inc (3337 : Stockton Avenue Rehabilitation Change Order 9) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 03/08/2022
Subject: Community Development Block Grant and Home Programs RECOMMENDED ACTION: Should the City Council agree with staff’s recommendation, the following motion would be appropriate:
“The City Council approves the recommended 2022-2023 CDBG and HOME Programs funding allocations and directs staff to process the necessary documentation with San Joaquin County to facilitate this grant program.”
DISCUSSION/ANALYSIS:

The Community Development Block Grant (CDBG) program is a flexible program that provides communities with resources to address a wide range of unique community development needs.

The CDBG program allocates annual grants to urban counties to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities, principally for low- and moderate-income persons. CDBG funds must be used for activities that benefit low- and moderate-income persons. In addition, each activity must meet one of the following national objectives for the program: benefit low- and moderate-income persons, prevention or elimination of slums or blight, or address community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community for which other funding is not available.

The Department of Housing and Urban Development (HUD), administered through the County of San Joaquin, anticipates providing Ripon an estimated $88,094 in CDBG funds and $28,911 in HOME funds for the 2022-2023 funding cycle, intended to assist in resolving identified community development needs and housing problems. Of the estimated $88,094 in CDBG funds, fifteen percent shall be obligated ($13,214) to public service programs serving the needs of low- and moderate-income persons within the City of Ripon.

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CDBG Grant Funds
CDBG funds are essentially broken into two categories, 85% of the funds can be used for Public Works Programs (i.e. Public Facilities and Improvements such as infrastructure improvements) and no more than 15% shall be obligated for public service programs serving the needs of low income families in the community.

This year the City of Ripon is slated to receive approximately $88,094 in CDBG funds. Of those funds, approximately $69,880 can be used for a Public Works Program/Project and $5,000 for administrative allowance.

Over the years the City has had difficulty finding eligible projects to use our CDBG funds due to the fact that Ripon did not have any eligible census tracts that met the low to moderate income requirements. Therefore money was mostly used on updating handicap ramps throughout the community, which was an eligible project. Additionally, our Senior Center is a facility in Ripon that is eligible for use of these funds, since seniors automatically qualify under CDBG funding requirements. This year Staff is recommending to once again allocate the Public Works portion of the funds to the Senior Center Retrofit Project. As you recall the Senior Center Retrofit project included three components:
 Installation of a split system HVAC unit in the kitchen (already completed);  Replacement of some existing flooring within the facility; and  Updating the front façade of the building to include an outdoor covered patio area.

To date the HVAC system has been installed and our contracted architect (SKW & Associates) has completed the necessary plans for the retrofit project. The plans have gone through plan check with the City of Ripon’s building department and currently Staff is working on compiling bid documents for the project. Staff anticipates having all documents in hand and going out to bid this spring for the façade improvements, which will also include the new flooring. Staff hopes to start construction on the project late spring to early summer.

To date, the City of Ripon currently has approximately $235,000 in CDBG funds for this project, with an anticipated additional $69,880 being allocated for the 2022-2023 CDBG Funding cycle.

This will bring the City’s CDBG fund balance for this project to a little over $304,000.

Additionally, the City received one time Covid CDBG funds of $54,092 and $58,390 to be used for pandemic relief and/or for pandemic preparedness. Both these funds have been allocated to the Senior Retrofit project as well, bringing the grand total for this project to $416,845. Staff does not anticipate that this project will use the entire available funds, therefore once the project is complete, staff will bring back other options of eligible projects for Council’s direction.

For the public service programs portion of the funds (15%), the County of San Joaquin has made some changes to how the CDBG funds are to be dispersed to each of the participating jurisdictions, due to an audit and recommended changes from HUD. Many of the public service agencies provide services to all of the participating jurisdictions throughout the county and ask for funds from each City. Each City was then responsible for managing their own contracts with

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these jurisdictions, which caused duplicated efforts in each City. One of the significant changes to the program is that now the County will manage these contracts for the public agencies providing services to multiple jurisdictions, eliminating the need for multiple contracts with each agency. The other request from HUD is that contracts entered into with public agencies have a minimum funding of at least $5,000. This eliminates many duplicative man-hours for contracts only worth $1,000 to $1,500 within each of the jurisdictions.

Following are the applications received either by the City of Ripon directly or by San Joaquin County requesting funds for providing services within the City of Ripon.

Four public service applications were received:
 Bethany Home Society is requesting $5,000 to continue the meals on wheels program providing approximately 12,000 fresh meals five days a week to 134 Ripon seniors annually through a congregate setting and delivery to homebound seniors. Staff is recommending funding for this program in the amount of $5,000. (Received by the City of Ripon – City of Ripon Contract)  Emergency Food Bank of Stockton/San Joaquin is requesting $3,000 for their Mobile Famer’s Market program. This program targets two sites in Ripon, the Ripon Senior Center and the Head Start program at Ripona Elementary School. The overall goal of the program is to see a community strengthened by providing access to fresh fruits and vegetables, healthy cooking demonstrations, health and nutrition related information/handouts and CalFresh (food stamp) information, all in an effort to encourage healthy eating and prevent/reduce the development of chronic health diseases affecting those most vulnerable in our community. Staff is recommending funding for this program in the amount of $3,000. (Received by San Joaquin County on behalf of the City of Ripon – San Joaquin County Contract).  Meals on Wheels is requesting $4,000 for their services offered for Ripon residents. Meals on Wheels provides home delivered nutritious meals and personal contact to homebound seniors within each of the cities in San Joaquin County. In order to be eligible, a person must be both 60 years of age or older and homebound. Those seniors that live alone, are older & frail, are the highest priority for the home delivery service. A spouse under 60 or a disabled dependent adult that resides with an eligible senior and is also homebound is also eligible for the meal service. A 5-pack of frozen meals are delivered to your door weekly, along with fresh milk and fruit. All menus are reviewed by 2 nutritionists to ensure compliance with Federal Guidelines.

Meals are designed to be low fat, low salt, and low sugar. Meals are delivered once a week by 2pm. Staff is recommending funding for this program in the amount of $3,000. (Received by San Joaquin County on behalf of the City of Ripon – San Joaquin County Contract).
 San Joaquin County Fair Housing is requesting $5,463 for their services offered for Ripon residents. The services that they provide include

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information on tenants and landlord rights and responsibilities; mediation to individuals as an alternative to resolve housing issues for tenants, property management, and owners; seminars and training which include fair housing laws and basic property management for landlords as well as training for tenants including how to locate rentals, proper notices to landlords, etc.; and Counseling for landlords and tenants to help them better understand their rights and responsibilities concerning rental units. The City of Ripon is obligated to provide $1,000 of CDBG funds every year to this service organization. There is approx. $2,214 left in public service program allocation funds therefore staff is recommending funding for this program in the amount of that balance $2,214. (Received by San Joaquin County on behalf of the City of Ripon – San Joaquin County Contract).

Due to the revamped distribution process requested by the County and HUD the City of Ripon is recommending funding Bethany Home at their full $5,000 request, which is the minimum funding allocation per public service agency for each jurisdiction. The remaining funds, $8,214 will be split as indicated below with the County monitoring the applications for those public service agencies that have applied at the County level that provide services within the City of Ripon.

HOME Grant Funds
HOME funds are allocated to the City of Ripon on a formula basis each year similar to the CDBG funding. For fiscal year 2022-2023 Ripon is expected to receive approximately $28,911 in Home Funds. Home funds are to be used for a variety of lowincome housing activities such as tenant-based rental assistance, housing rehabilitation, assistance to homebuyers, and new construction of affordable housing.

To date the City of Ripon has mostly allocated the Home funds to a down payment assistance program that is administered by the County for the City of Ripon. The current balance of Home Funds held by the County for the City of Ripon is roughly $113K not counting the anticipated 2022-2023 HOME fund allocation, which will bring our balance to approx. $142K. Staff has been working with County Staff to bring forth some potential other uses for these funds, however until such time staff is recommending allocating this year’s HOME funds towards the down payment assistance program administered by the County for Ripon residents.

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Following is a chart showing the requested and recommended funding allocation for the 2022- 2023 CDBG and HOME fund allocations.
2022-2023 CDBG Fund Allocations
CDBG Projects Requested Recommended
Public Works Program:

Ripon Senior Center Retrofit Project $69,880 $69,880
Administration $ 5,000 $ 5,000
Sub-total $74,880 $74,880
Public Service Programs:

Bethany Home Society - Meal on Wheels $5,000 $5,000
S.J. County Fair Housing $5,463 $2,214
Meals on Wheels $4,000 $3,000
Emergency Food Bank - Mobile Farmer’s Market $3,000 $3,000 Sub-total $17,463 $13,214
Total $92,343 $88,094
2022-2023 HOME FUND ALLOCATION
GAP (Down Payment Assistant) Loans $28,911

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 03/08/2022
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

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the California Code of Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.

The proposed amendment to Chapter 8.12 Garbage Collection and Disposal will amend this section of the code to include the new Organic Waste Diversion regulations. Following is the proposed ordinance recommended for second reading and adoption and attached is the redline changes showing the proposed text changes to the current Municipal Code and labeled “Chapter

8.12 Redline Changes”. There are no changes to this ordinance from what was presented for first reading.

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.

Attachments:

1. Chapter 8.12 Redline Version

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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 read in full as follows:

Chapter 8.12

GARBAGE COLLECTION AND DISPOSAL
Sections:

8.12.005 Purpose

8.12.010 Definitions

8.12.020 Collection of Solid Waste

8.12.030 Storage of Accumulated Garbage

8.12.035 Single-Family Generators

8.12.040 Collection-Frequency

8.12.050 Rear Yard Service-Charge

8.12.055 Placement of Containers-Interference with Traffic Prohibited

8.12.060 Unlawful Deposit of Garbage or Rubbish

8.12.070 Burning Garbage Prohibited-Exception

8.12.080 Burying Garbage Prohibited

8.12.085 Commercial Businesses

8.12.090 Self-Haulers

8.12.095 Waivers for Generators

8.12.100 Collection Truck Requirements

8.12.110 Supervision of Solid Waste Collection and Disposal by City

8.12.120 Collection Business-License Required

8.12.130 Commercial and Industrial Waste Collectors-Permit Required

8.12.140 Commercial Waste Collector-Permit Fee

8.12.150 Commercial Waste Collector-Financial Reports to City

8.12.160 Industrial Waste Collector-Permit Fee

8.12.170 Industrial Waste Collector-Financial Reports to City

8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators

8.12.180 Monthly Rates and Charges

8.12.190 Commingling of Materials-Separation of Garden Refuse

8.12.200 Collection of Prunings and Leaves-Time Period Designated

8.12.210 Unacceptable Material

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8.12.220 Payment and Collection of Garbage Bills

8.12.230 Ownership of Garbage Containers

8.12.232 Requirements for Commercial Edible Food Generators

8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions

8.12.238 Procurement

8.12.240 Failure to Pay Charges

8.12.250 Modification of Rates or Rules and Regulations

8.12.253 Inspections and Investigations by City or its Designees

8.12.255 Enforcement, Violation-Penalty

8.12.005 Purpose
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.

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, 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.

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.

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.

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

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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.

8.12.010 Definitions
The following words, terms, and phrases when used herein shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.

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. "Building" shall mean all other buildings not defined as dwellings.

C. "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).

D. "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).

E. "City" shall mean the City of Ripon.

F. "City Administrator" - the City Administrator of the City of Ripon.

G. "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal." H. "Collection vehicle or equipment" includes any vehicle or equipment used in the collection of residential refuse or commercial/industrial solid wastes.

I. "Collector" or “Permitted Waste Collector”, “Commercial Waste Collector” and “Industrial Waste Collector” and shall mean persons, firms, or corporations authorized by the City Council by permit to collect and dispose of garbage, rubbish, and waste matter on a regularly scheduled basis, and includes the City where appropriate.

J. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter.

K. "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).

L. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 8.12.232 and 8.12.234 of this section.

M. "Commercial solid wastes" include all types of solid wastes generated by stores, offices, and other commercial sources and wastes, and includes commercial residential refuse.

N. "Community Composting" means any activity that composts green material, agricultural material, Food material, and vegetative Food material, alone or in combination, and the total

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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).

O. "Compliance Review" means a review of records by the City to determine compliance with this Chapter.

P. "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.

Q. "Construction and demolition wastes" includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavement, houses, commercial buildings, landscaping debris and other structures.

R. "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).

S. "Construction and demolition wastes" includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavement, houses, commercial buildings, and other structures.

T. "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.

U. "Director" means the Director of Public Works of the City of Ripon, acting either directly or through authorized agents.

V. "Disposal site" includes the place, location, tract of land, area or premises in use, intended to be used, or which has been approved for the landfill disposal of solid wastes.

W. "Dwelling" shall mean a residence, flat, apartment, or other facility used for housing one or more persons, and occupied in the City of Ripon.

X. "Dwelling unit" means one or more habitable rooms which are intended to be occupied by one (1) family with facilities for living, sleeping, cooking, and eating and from which the City collects refuse.

Y. “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.

Z. "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.

AA. “Environmental Health Department” means the San Joaquin County Environmental Health Department.

AB. "Excluded Waste" means hazardous substance; hazardous waste; infectious waste; designated waste; volatile waste; corrosive waste; medical waste; infectious waste; regulated

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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.

AC. “Food” has the same meaning as in Section 113781 of the Health and Safety Code.

AD. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

AE. “Food Distributor” means a company that distributes Food to entities including, but no limited to. Supermarkets and Grocery Stores.

AF. “Food Recovery” means actions to collect and distribute Food for human consumption which otherwise would be disposed.

1. A Food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code

3. A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.

AH. “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.

AI. “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.

AJ. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs.

AK. "Garden refuse" includes leaves, grass cuttings, weeds, vines, shrubbery, tree trimmings, and similar soft vegetative materials.

AL. "Generator" means a person or entity that is responsible for the initial creation of any waste material.

AM. "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.

AN. "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).

AO. "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

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Waste.

AP. “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.

AQ. "Hazardous Materials" means any hazardous, dangerous, or toxic substance, material, or waste, including but not limited to substances, materials, and waste designated by the United States Environmental Protection Agency as hazardous substances (40 CFR, Parts 261 and 302) and any amendments thereto, petroleum products, or other such substances, materials, and wastes that are now or later become regulated under any applicable local, State, or Federal law.

AR. “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.

AS. "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).

AT. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.

AU. "Industrial solid wastes" include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.

AV. "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).

AW. "Institutional solid wastes" include solid wastes originating from educational, health care, correctional, research facilities, or other similar facilities.

AX. "Jurisdiction" means a City, County, a City and County, or a special district that provides Solid Waste collection services.

AY. "Landfill" means a disposal site employing a method of disposing of solid wastes on hand without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the wastes to the smallest practical area, to a layer of suitable cover material at specific designated intervals.

AZ. “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.

BA. “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

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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.

BB. “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.

BC. "Permittee" means a person authorized by the City by permit to collect industrial and/or commercial wastes.

BD. “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.

BE. "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.

BF. "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family 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.

BG. "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).

BH. "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).

BI. "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).

BJ. "Occupant" is synonymous with tenant or lessee.

BK. "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).

BL. "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).

BM. "Owner," when used with reference to a dwelling, shall mean and shall conclusively be deemed to be the legal owner or the legal owner's agent of the dwelling. AE. "Person" means any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.

BN. "Premises" includes a tract or parcel of land with or without habitable buildings or

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appurtenant structures.

BO. "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).

BP. "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.

BQ. "Putrescible wastes" includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes, offal, and dead animals.

BR. "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).

BS. "Recycling" means the process by which salvaged materials become usable products.

BT. "Refuse" includes garbage and rubbish.

BU. "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.

BV. "Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the Premises.

BW. "Residential solid wastes" includes all types of solid waste which originate in single family, two family, or three family premises.

BX. “Restaurant” means an establishment primarily engaged in the retail sale of Food and drinks for on premises or immediate consumption.

BY. "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).

BZ. "Rubbish" includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, wood, glass, bedding, crockery, plastics, rubber by-products, or litter.

CA. "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.

CB. "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.

CC. "Self-Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable

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material that is self-generated to another person. Self-Hauler also includes a person who backhauls 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.

CD. “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.

CE. "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.

CF."Solid waste or wastes" include all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, garden waste, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, but excludes:

1. Sewage collection and treated in a municipal or regional sewage system.

2. Materials or substances having commercial value which have been salvaged for reuse, recycling, or resale.

CG. "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 that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.

CH. "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).

CI. "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.

CJ. "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.

CK. "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.

CL. "State" means the State of California.

CM. “Supermarket” means a full-line, self-service retail store with gross annual sales of two

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million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

CN. "Swill" means all animal, vegetable, or other matter having a food value, from clubs, hospitals, hotels, restaurants, and public eating places, which is putrefactive or easily decomposable and attractive to flies or rodents, and which has a property value.

CO. "Tenant" means a person who is legally in control of, but is not necessarily the legal owner of, a building, or a part of a building or a dwelling unit or any type of premises.

Synonymous with occupant or lessee. (Ord. 570 §1, 1997) CP. "Three-Plus Container System" means a collection system that provides additional containers or split containers in an existing three-container system.

CQ. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor

5. Wholesale Food vendor.

CR. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an onsite Food Facility and 200 or more rooms.

3. Health Facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. 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.

7. A Local Education Agency facility with an on-site Food Facility.

CS. "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).

CT. “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.

8.12.020 Collection of Solid Waste
The City shall collect, transport, and dispose of all residential solid waste. Commercial and industrial solid wastes may be collected, transported, and disposed of by the City, or by commercial and/or industrial waste collectors licensed in accordance with this Chapter, at the option of the owner, occupant, or tenant of the premises operating the commercial or industrial waste. (Ord. 570 §1, 1997)

8.12.030 Storage of Accumulated Garbage
It shall be the duty of every tenant, owner, or occupant of any private dwelling house; the keeper

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of a hotel, restaurant, eating house, boarding house, or other building where meals are served; the owner of every flat or apartment house, trailer camp, motel, auto court, cabin, business establishment; and every other person having garbage, rubbish, or waste matter to keep within the building or on the real property on which the building is situated, the accumulation of garbage, rubbish, or waste matter on the premises during the interval between collections. These accumulations shall be placed in the ninety-gallon, three hundred gallon container, dumpster, or other container as deemed appropriate by the City, which shall be supplied by the City or other authorized commercial or industrial waste collector. No other type of garbage container shall be allowed. (Ord. 570 §1, 1997)

A. Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 8.12.035(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)

8.12.040 Collection-Frequency
All residential non-recyclable solid waste shall be picked up on a one-stop basis at least once a week. The ninety-gallon garbage containers shall be placed at curbside no sooner than the evening before the pickup day. All empty containers must be removed from curbside by the evening of the pickup day. (Ord. 570 §1, 1997)

8.12.050 Rear Yard Service-Charge
Should any qualified resident request special rear yard service, then the garbage containers must be placed within seventy-five (75) feet of the closest curb, with only one ninety (90) gallon garbage container being allowed for any such rear yard service. An additional charge of Five Dollars ($5.00) a month shall be make for any rear yard service requested and furnished by the City. Rear yard service shall only be made available to elderly and/or disabled residents who are unable to move their garbage container to the curb. The City at all times shall reserve the right to refuse to grant a request for rear yard service, should any special circumstances make it difficult or impossible to provide such service. (Ord. 570 §1, 1997)

8.12.055 Placement of Containers-Interference with Traffic Prohibited

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Garbage containers shall not be placed in the City streets in such a manner as to interfere with vehicular or pedestrian traffic on the streets or sidewalks adjacent thereto, but shall be placed curbside. Every tenant, occupant, keeper, or owner of the places of occupancy wall be responsible for the regular once-a-week collection of all solid wastes from the places of occupancy in the City, and shall also be responsible for the payment of all garbage service charges made by the City or any other collector from the places of occupancy or business. (Ord. 570 §1, 1997)

8.12.060 Unlawful Deposit of Garbage or Rubbish
It is unlawful for any person in the City to throw or deposit any solid waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public way, or to throw or deposit the same in or upon any private premises or vacant lot, or to store or keep the same, except in containers for pickup as required by this Chapter. It is unlawful to store, deposit, or keep solid waste in any place where rodents can have access thereto or feed thereon. (Ord. 570 §1, 1997)

8.12.070 Burning Garbage Prohibited-Exception
It is unlawful for any person, firm, or corporation to burn solid waste at any place within the City. If allowed by State or County law, the Fire Chief of the Fire Department shall have the right to authorize the legal burning of dry rubbish or garden refuse allowed by law, by written permit therefore and further provide, that such burning is not attended by any dense smoke, offensive odors, or fire hazard. (Ord. 570 §1, 1997)

8.12.080 Burying Garbage Prohibited
It is unlawful for any person to bury garbage, putrescible wastes at any place within the City. (Ord. 570 §1, 1997)

8.12.085 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 8.12.085(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

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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 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

8.12.085(4) 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 self-hauling, 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.

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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 8.12.253 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.

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.

8.12.90 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.

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

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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 Self-Haulers) 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.

8.12.095 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 8.12.095(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 8.12.095(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 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 Green Container comprises less than 10 gallons per week per applicable container of the business's

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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:

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 8.12.035 or 8.12.085.

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.

3. 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.

4. 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.

8.12.100 Collection Truck Requirements
Every vehicle used for the collection of solid waste shall have a metal-lined, water-tight body and s suitable cover, and shall be operated so as to prevent the contents from falling or spilling therefrom. Each vehicle shall be well painted, and shall be kept in a clean and sanitary condition. (Ord. 570 §1, 1997)

8.12.110 Supervision of Solid Waste Collection and Disposal by City The City Administrator is authorized to supervise the collection and disposal of solid waste in the City. The City Administrator or his designated agent shall receive and investigate all complaints and endeavor to improve and extend the solid waste collection service. The City

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Administrator or his designated agent shall have the power to issue any notices or other type warnings or to issue citations for any violation of any of the provisions of this Chapter. All disputes between licensed collectors, City, and producers concerning charges, service, or any other matter not otherwise delegated, shall be decided by the City Administrator. Any person aggrieved by any decision of the City Administrator shall have the right to file a written appeal with the City Council, who shall decide the matter at the next regular Council meeting. The decision of the City Council shall be final. The Chief of Police or any designated and authorized person is directed to enforce the provisions of this Chapter, and shall have the right to enter all premises for the purpose of making any inspection or investigation which he may deem necessary under the provisions of this Chapter. (Ord. 570 §1, 1997)

8.12.120 Collection Business-License Required
A. It is unlawful for any person, firm, corporation, or association other than the City, or as specified herein, to collect solid waste within the City, or transport the same through the streets, alleys, and public ways of the City, unless such person, firm, corporation, or association has been licensed so to do by contract or otherwise by the City. The provisions of this Chapter shall not be applicable to any person, firm, corporation or other association to collect solid waste on a not for profit basis for charitable purposes.

B. Nothing in this Chapter shall be construed to prohibit any person from transporting his own solid waste to any site approved for the dumping thereof outside the City, or to prohibit any person, building contractor, or subcontractor engaged in the construction or repair of any building or structure from removing and disposing of any solid waste which has accumulated during such construction or repair if the requirements of Section 8.12.090 Self-Haulers are met. It is unlawful for any person, building contractor, or subcontractor, engaged in the repair, construction, or demolition of any building or structure, or part thereof, to fail to remove from any street, alley, gutter, park, sidewalk, curbing, or any public way, building materials, solid waste, or other rubbish deposited thereon, in connection with that portion of the repair, construction, or demolition work under his special or general supervision. The person, building contractor, or subcontractor must remove such building materials or waste matter within seven (7) days of his final cessation of work on the building or structure, or part thereof.

C. Nothing in this Section shall be construed to prohibit any person from removing and disposing of solid waste when ordered to do so by the City Administrator, Chief of Police, Fire Department, health officer, or their authorized representatives, in order to eliminate a fire hazard or other health menace immediately. (Ord. 570 §1, 1997)

8.12.130 Commercial and Industrial Waste Collectors-Permit Required It shall be unlawful for any person, firm, or corporation other than the City to collect and dispose of commercial waste within the City of Ripon as a commercial waste collector and/or to collect and dispose of industrial waste within the City of Ripon as an industrial waste collector without first having received a permit to do so. Any permit required by this Section may be granted by

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the City Council of the City of Ripon, and may be subject to such conditions and stipulations as may be determined by the City Council. The City Council shall establish, by resolution, rules and regulations for the administration of this chapter. Notwithstanding any other provision of this chapter, any commercial or industrial waste collector who prior to January 1, 1997, had by an agreement adopted by the City Council received authorization to collect commercial and industrial waste in the City of Ripon shall be considered currently permitted and in compliance with this section for the duration of any such agreement, and shall be exempt from the payment of permit fees during the period of validity of such agreement. Thereafter, said collector(s) shall pay the annual renewal fee set forth in this Section. Said permit or permits for any collectors not previously authorized by the City Council shall be issued upon majority vote of the City Council.

The fee for the issuance of each permit shall be the sum of Eight Thousand Dollars ($8,000).

Thereafter, the annual renewal fee for said permit(s) shall be the sum of Four Thousand Dollars ($4,000). Any such permit issued pursuant to this Section shall not be transferable to another person, firm, or corporation and, in the case of corporations, the permit shall become void whenever there may occur a transfer of the majority interest in said corporation. (Ord. 570 §1, 1997)

8.12.140 Commercial Waste Collector-Permit Fee
In addition to the initial permit fee mentioned in Section 8.12.130 for the privilege to provide service pursuant to permit, the commercial waste collector shall pay to the City of Ripon eight percent (8 %) of the gross revenue collected for performing commercial waste collection services.

For the purpose of this Section only, no such additional fees will be due and payable to City for revenues derived from the direct or indirect sale of reclaimed solid waste or its derivations.

However, this provision shall not be construed to exempt revenue from any element of the services to collect such commercial waste.

On or before the fifteenth day of each month, the commercial waste collector shall submit to the Finance Director a statement of gross revenues collected pursuant to the permit for the preceding month, with the appropriate remittance in full. Such statement shall separately show gross revenue from the sale of reclaimed refuse for the preceding month.

The commercial waste collector shall, from the sources of revenue available to the collector through the granting of the permit, pay all fees and charges due the City as provided for in this Subsection. A five percent (5%) penalty shall apply to a delinquent payment for the first month, and a one percent (1%) penalty shall be added for each succeeding month thereafter until the delinquent balance is paid in full. (Ord. 570 §1, 1997)

8.12.150 Commercial Waste Collector-Financial Reports to City Every commercial waste collector who has obtained a permit to provide commercial waste collection services within the City of Ripon, shall at any time deemed necessary by the City Administrator make available to City all accounting records that pertain to any portion of the

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commercial waste collector's operations within the scope of the permit issued pursuant to Section

8.12.130.

Upon request the commercial waste collector shall provide City its annual audited financial statements prepared by an independent certified or public accountant. The statements shall be prepared by the independent auditor in conformance with accepted accounting principles. Such statements shall be provided City within one hundred twenty (120) days after the close of the collector's fiscal year. The financial statements shall clearly indicate the commercial waste collector's activities within the City, and the City shall insist that the financial statements do not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Ripon. The City reserves the right to request, and the commercial waste collector shall provide any additional documentation, itemization, or detail as requested by City, to verify any amounts reported in monthly revenue reports and annual financial statements. (Ord. 570 §1, 1997)

8.12.160 Industrial Waste Collector-Permit Fee
In addition to the initial permit fee mentioned in Section 8.12.130, for the privilege to provide service pursuant to permit, the industrial waste collector shall pay to the City of Ripon eight percent (8 %) of the gross revenue collected for performing industrial waste collection services.

For the purpose of this Section only, no such additional fee will be due and payable to City for revenues derived from the direct or indirect sale of reclaimed solid waste or its derivatives.

However, this provision shall not be construed to exempt revenue from any element of the services to collect such industrial waste.

On or before the fifteenth day of each month, the industrial waste collector shall submit to the Finance Director a statement of gross revenues collected pursuant to the permit for the preceding month, with the appropriate remittance in full. Such statement shall separately show gross revenue from the sale of reclaimed refuse for the preceding month.

The industrial waste collector shall, from the sources of revenue available to the collector through the granting of the permit, pay all fees and charges due the City as provided for in this Subsection. A five percent (5%) penalty shall apply to a delinquent payment for the first month, and a one percent (1%) penalty shall be added for each succeeding month thereafter until the delinquent balance is paid in full. (Ord. 570 §1, 1997)

8.12.170 Industrial Waste Collector-Financial Reports to City Every industrial waste collector who has obtained a permit to provide industrial waste collection services within the City of Ripon shall, at any time deemed necessary by the City Administrator, make available to City all accounting records that pertain to any portion of the industrial waste collector's operations within the scope of the permit issued pursuant to Section 8.12.130.

Annually the industrial waste collector shall provide City with a minimum of fifteen (15) copies of its annual audited financial statements prepared by an independent certified or public

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accountant. The statements shall be prepared by the independent auditor in conformance with accepted accounting principles. Such statements shall be provided City within one hundred twenty (120) days after the close of the collector's fiscal year. The financial statements shall clearly indicate the industrial waste collector's activities within the City, and the City shall insist that the financial statements do not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Ripon. The City reserves the right to request, and the industrial waste collector shall provide any additional documentation, itemization, or detail as requested by City, to verify any amounts reported in monthly revenue reports and annual financial statements. (Ord. 570 §1, 1997)

8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators A. Requirements for Permitted Waste Collectors:

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, 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 8.12.255(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.

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k. Submit annually to City an overall SB 1383 customer compliance report in a format approved by City, including a list of non-compliant 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.
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.

8.12.180 Monthly Rates and Charges
A. Established. The monthly charge to be made by the City or its agent for the collection of solid waste when placed in containers as provided in this Chapter shall be as follows:

1. Thirty Six Dollars ($36.00) for all curbside pickups per ninety (90) gallon containers per household unit; Fifteen Dollars and Thirty Cents ($15.30) for second container, Three Dollars ($3.00) for a second container used for garden refuse only as designated by the City, for the same household unit only when subscribed to a full year.

2. For the health, safety and welfare of the residents of the City, the ninety (90) gallon containers must not be overloaded so that the lids will not close. If more volume is needed, a second ninety (90) gallon container must be used. If containers are so overloaded that the lid is not able to be closed, the garbage and refuse producer may be cited by the City, and the garbage and refuse producer charged a surcharge equal to one3.A Packet Pg. 160
half (½) the normal monthly rate for each violation of residential customers.

3. For commercial and industrial containers where commercial or industrial users overload any container, the City may cite the garbage and refuse producer, and for those commercial and industrial solid wastes which are collected by the City shall charge a surcharge of one-half (½) the normal monthly rate for each violation of commercial users.

4. One Hundred Sixty-Three Dollars and Twenty Cents ($163.20) for three hundred (300) gallon containers.

5. The rate schedule for commercial and industrial solid waste collections by City shall be as follows for once-a-week pickup on all collections.
a. Ninety (90) gallon container - Thirty-Six Dollars ($36.00) per month (there shall be no second can discount for any commercial service pickup). b. Three hundred (300) gallon container - One Hundred Sixty-Three Dollars and Twenty Cents ($163.20) per month.
c. Special pickups - one-half the cost of a regular monthly pickup.

B. Rate Schedule.The rate schedule for commercial and industrial solid waste collections by licensed collectors other than the City shall be set by negotiation between the licensed collectors and the customer.

Satisfactory proof of such a "poverty level" income or special circumstances, where applicable, shall be presented to the City Administrator or his representative who may then approve such an exemption. If a poverty level exemption is granted, the refuse customer shall be entitled to a Thirty-three Percent (33%) per month reduction in the residential garbage and refuse customer rate to be paid by such a garbage and refuse user qualifying for the residential "poverty level" exemption. Such a reduction in the fee shall continue until such time as the fee rate is modified or discontinued by action of the City Administrator by reason of a determination by the City of a change in the household circumstances or in the household income which would negate the "poverty level" exemption previously granted.

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thereof as to the particular charge to be make in each case. Commercial and industrial solid waste operators shall pay the full price for each ninety (90) gallon container used.

E. Rate Modifications. Any fees or charges set forth in this Chapter may be modified, changed, or eliminated at any time by the adoption of a resolution of the City Council. All fees contained and set forth in any of the provisions of Chapter 8.12 shall be adjusted annually as of the first day of January of each year hereafter to reflect any increase or decrease as shown in the San Francisco Bay Area Cost of Living Index published and in effect on July 1st of each year hereafter. The amount of any such increase or decrease shall be annually added to or subtracted from the applicable fees as provided for in this Chapter.

F. Delinquent Payment. Upon the failure of a solid waste operator to pay any applicable fee or charge set forth in this Chapter which is delinquent, or if the solid waste operator shall violate any other provision of this Chapter, any one or more of the following actions authorized in this Section may be taken by the City to enforce such payment or correct such violation. In each case where all or any part of any fee or charge remains unpaid for twentyfive (25) days after the date of billing, it shall then be deemed delinquent, and a basic penalty of ten (10) percent of the total amount of such bill shall be added to such bill for the first month of delinquency. In addition, an amount equal to one percent (1%) per month of the total amount of such bill thereafter shall be charged for each month during the time that said bill shall remain unpaid after its original delinquent date and the solid waste operator's account remains in an open status. (Ord. 570 §1, 1997)

8.12.190 Commingling of Materials-Separation of Garden Refuse Garden refuse placed within the designated container must be cut or trimmed not to exceed two (2) foot lengths or two inches (2") in diameter.

Between January 8th and October 14th of each year, collection of garden refuse which has not been placed within a designated garden refuse container may be collected on a weekly basis only if arrangements have been made by contacting City Hall. Garden refuse placed at the curb for collection must be cut or trimmed not to exceed four (4) foot lengths or six inches (6") in diameter. The cost for collection is as follows:
1/4 truck load (3 ½ CY ±) $40.00
½ truck load (7 CY ±) $45.00
3/4 truck load (10 ½ CY ±) $50.00
Full truck load (14 CY ±) $55.00
Truckload quantities are not compacted and shall be determined by city staff. Garden refuse which has been left at the curb without collection arrangements shall be ticketed. Refuse producers will be required to properly dispose of, or make arrangements for collection of ticketed garden refuse prior to the next designated garden refuse collection day. If garden refuse remains, it shall be collected and the owners will be charged the designated rate. Ownership of garden refuse will be established as the residential or commercial unit directly adjacent to the refuse. (Ord. 570 §1, 1997)

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8.12.200 Collection of Prunings and Leaves-Time Period Designated Between October 15th and January 7th of each year, or such other period of time as may from time to time be designated by the City Council, the following special handling provisions shall apply for pruning and leaves only. No other solid waste of any kind shall be deposited among the pruning or leaves. During the period, all pruning and leaves may be placed in the gutters curbside without the necessity of placing the pruning or leaves in containers. All pruning, however, must still be cut into lengths not exceeding four (4) feet and six inches in diameter, and need not be tied in bundles. Pruning shall be placed separately from the leaves immediately adjacent thereto.

Other than during the period as set forth in this Section for the special handling of pruning and leaves, the regular provisions of this Chapter shall apply at all times on their handling for the balance of the year. (Ord. 570 §1, 1997)

8.12.210 Unacceptable Material
Any material which may be deemed to be not acceptable by the City as provided in this Chapter, such as large accumulations from yard cleaning, tree trimmings and removal, and major house cleaning or wrecking or remodeling debris, may be removed by the City as a special collection upon request. All special requests shall be directed to the City Hall. The special pickup charge to be made therefor shall be based upon volume, the difficulty of handling, the time required for the City crew to make the collection, haul it to the disposal site, and return to the City corporation yard. In no event shall this ordinance be construed as to authorize the disposal by any person of hazardous materials in any manner other than in strict compliance with all applicable laws and regulations pertaining thereto. (Ord. 570 §1, 1997)

8.12.220 Payment and Collection of Garbage Bills
The charge for the collection of solid waste by the City as set forth in this Chapter, shall be charged and collected from all occupied premise served by the City within the corporate limits of the City. The charges for collection of such solid waste shall be paid at the same time and in the same manner as City water bills are paid. All rules and regulations governing the payment and collection of water bills shall apply in every particular in the payment and collection of garbage bills. (Ord. 570 §1, 1997)

8.12.230 Ownership of Garbage Containers
All ninety (90) gallon, or three hundred (300) gallon containers, or any other size container supplied by City to each household unit or commercial or industrial solid waste operator shall remain the property of the City. Any damage to the container due to the negligence of the user, so as to require a repair or replacement of the container, shall be the responsibility of the property owner. The cost to replace or repair stolen or damaged containers shall be paid by the property owner. (Ord. 570 §1, 1997)

8.12.232 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

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must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.B.

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:

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 selfhauled 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 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).

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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.

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.

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.

8.12.238 Procurement
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.

8.12.240 Failure to Pay Charges

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It is unlawful for any person having solid waste collected and disposed of by the City as provided in this Chapter, to willfully fail, neglect, or refuse to pay for the collecting and disposing of same, the rate provided in this Chapter to be paid for such service. (Ord. 570 §1, 1997)

8.12.250. Modification of Rates or Rules and Regulations.

For the purpose of carrying out the collection of solid waste in the City, the City Council may, by resolution, change the rates contained in this Chapter, or establish any other rules and regulations necessary to carry out the intent and purposes of this Chapter. (Ord. 570 §1, 1997)

8.12.253 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 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.

B. For the purposes of inspecting Commercial Business containers for compliance with Section

8.12.085(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 8.12.085(k) of this Chapter.

C. 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.

D. 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.

E. 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.

F. 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.

8.12.255 Enforcement

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A. With the exception of Prohibited Container Contaminants violations, as addressed under Section 8.12.255(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

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

8.12.255(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 8.12.232 and 8.12.234.

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.

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E. Enforcement Table
With the exception of Container Contamination violations addressed under Section

8.12.255(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 8.12.035
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 8.12.085
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 8.12.085
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 8.12.085
Commercial Business fails to provide or arrange for access to its premises for any Inspection or investigation by City.

Licensed Collector Requirement:

Section 8.12.175
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 8.12.175
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 8.12.175
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 8.12.175
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.

Commercial Edible Food Generator
Requirement
Section 8.12.232
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

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Jan. 1, 2022.

Commercial Edible Food Generator
Requirement
Section 8.12.232
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 8.12.232
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 8.12.232 and 8.12.234
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 8.12.232
Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 8.12.232.

Recordkeeping Requirements for
Food Recovery Services and Food
Recovery Organizations
Section 8.12.234
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 8.12.234.

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.

G. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.08 of this Code. (Ord. 570 §1, 1997
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

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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 March, 2022, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk

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8.12.010
Chapter 8.12

GARBAGE COLLECTION AND DISPOSAL
Sections:

8.12.005 Purpose

8.12.010 Definitions.

8.12.020 Collection of Solid Waste.

8.12.030 Storage of Accumulated Garbage.

8.12.035 Single-Family Generators

8.12.040 Collection-Frequency.

8.12.050 Rear Yard Service-Charge.

8.12.055 Placement of Containers-Interference with Traffic Prohibited.

8.12.060 Unlawful Deposit of Garbage or Rubbish.

8.12.070 Burning Garbage Prohibited-Exception.

8.12.080 Burying Garbage Prohibited.

8.12.085 Commercial Businesses

8.12.090 Self-Haulers

8.12.095 Waivers for Generators

8.12.100 Collection Truck Requirements.

8.12.110 Supervision of Solid Waste Collection and Disposal by City.

8.12.120 Collection Business-License Required.

8.12.130 Commercial and Industrial Waste Collectors-Permit Required.

8.12.140 Commercial Waste Collector-Permit Fee.

8.12.150 Commercial Waste Collector-Financial Reports to City

8.12.160 Industrial Waste Collector-Permit Fee.

8.12.170 Industrial Waste Collector-Financial Reports to City.

8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators

8.12.180 Monthly Rates and Charges.

8.12.190 Commingling of Materials-Separation of Garden Refuse.

8.12.200 Collection of Prunings and Leaves-Time Period Designated.

8.12.210 Unacceptable Material.

8.12.220 Payment and Collection of Garbage Bills

8.12.230 Ownership of Garbage Containers.

8.12.232 Requirements for Commercial Edible Food Generators

8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions

8.12.238 Procurement

8.12.240 Failure to Pay Charges.

8.12.250 Modification of Rates or Rules and Regulations.

8.12.253 Inspections and Investigations by City or its Designees

8.12.255 Enforcement, Violation-Penalty

8.12.260 Violation—Penalty.

Chapter 8.12.005 Purpose
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, Redline Version

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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.

12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, 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.

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 to implement a Mandatory Commercial Organics Recycling program.

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.

Chapter 8.12.010 Definitions
The following words, terms, and phrases when used herein shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.

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.

BA. "Building" shall mean all other buildings not defined as dwellings.

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D. "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).

EB. "City" shall mean the City of Ripon.

FC. "City Administrator" - the City Administrator of the City of Ripon.

GD. "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal." HE. "Collection vehicle or equipment" includes any vehicle or equipment used in the collection of residential refuse or commercial/industrial solid wastes.

IF. "Collector" or “Permitted Waste Collector”, “Commercial Waste Collector” and “Industrial Waste Collector” and shall mean persons, firms, or corporations authorized by the City Council by permit to collect and dispose of garbage, rubbish, and waste matter on a regularly scheduled basis, and includes the City where appropriate.

G. "Commercial residential refuse" includes all types of domestic solid waste which originates in four-family or more premises.

L. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 8.12.232 and 8.12.234 of this section.

M. "Commercial solid wastes" include all types of solid wastes generated by stores, offices, and other commercial sources and wastes, and includes commercial residential refuse.

N. "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).

O. "Compliance Review" means a review of records by the City to determine compliance with this Chapter.

R. "Container Contamination" or "Contaminated Container" means a container, regardless of Redline Version

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color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

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H. "Commercial solid wastes" include all types of solid wastes generated by stores, offices, and other commercial sources and wastes, and includes commercial residential refuse.

I. "Commercial waste collector" means a person authorized by the City by permit to collect commercial waste within the City of Ripon.

JS. "Construction and demolition wastes" includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavement, houses, commercial buildings, and other structures.

UK. "Director" means the Director of Public Works of the City of Ripon, acting either directly or through authorized agents.

VL. "Disposal site" includes the place, location, tract of land, area or premises in use, intended to be used, or which has been approved for the landfill disposal of solid wastes.

WM. "Dwelling" shall mean a residence, flat, apartment, or other facility used for housing one or more persons, and occupied in the City of Ripon.

XN. "Dwelling unit" means one or more habitable rooms which are intended to be occupied by one (1) family with facilities for living, sleeping, cooking, and eating and from which the City collects refuse.

AA. “Environmental Health Department” means the San Joaquin County Environmental Health Department.

AB. "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.

AC. “Food” has the same meaning as in Section 113781 of the Health and Safety Code.

AD. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

AE. “Food Distributor” means a company that distributes Food to entities including, but no limited to. Supermarkets and Grocery Stores.

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AF. “Food Recovery” means actions to collect and distribute Food for human consumption which otherwise would be disposed.

AG. “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:
(1) A Food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code
(3) A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.

AH. “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.

AJO. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs.

AKP. "Garden refuse" includes leaves, grass cuttings, weeds, vines, shrubbery, tree trimmings, and similar soft vegetative materials.

AL. "Generator" means a person or entity that is responsible for the initial creation of any waste material.

AM. "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.

AO. "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.

AQQ. "Hazardous Materials" means any hazardous, dangerous, or toxic substance, material, or waste, including but not limited to substances, materials, and waste designated by the United States Environmental Protection Agency as hazardous substances (40 CFR, Parts 261 and 302) and any amendments thereto, petroleum products, or other such substances, materials, and wastes that are now or later become regulated under any applicable local, State, or Federal law.

AR. “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.

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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).

AT. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.

AUR. "Industrial solid wastes" include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.

S. "Industrial waste collector" means a person authorized by the City by permit to collect industrial waste within the City.

AWT. "Institutional solid wastes" include solid wastes originating from educational, health care, correctional, research facilities, or other similar facilities.

AX. "Jurisdiction" means a City, County, a City and County, or a special district that provides Solid Waste collection services.

AYU. "Landfill" means a disposal site employing a method of disposing of solid wastes on hand without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the wastes to the smallest practical area, to a layer of suitable cover material at specific designated intervals.

BA. “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.

BCV. "Permittee" means a person authorized by the City by permit to collect industrial and/or commercial wastes.

BD. “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.

BF. "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to Redline Version

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residential premises with five (5) or more dwelling units. Multi-Family 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.

BJW. "Occupant" is synonymous with tenant or lessee.

BL. "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).

BMX. "Owner," when used with reference to a dwelling, shall mean and shall conclusively be deemed to be the legal owner or the legal owner's agent of the dwelling. AEY. "Person" means any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.

BNZ. "Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures.

BQAA. "Putrescible wastes" includes wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes, offal, and dead animals.

BR. "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).

BSAC. "Recycling" means the process by which salvaged materials become usable products.

BTAB. "Refuse" includes garbage and rubbish.

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Contaminants.

BVAD. "Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the Premises.

BWAE. "Residential solid wastes" includes all types of solid waste which originate in single family, two family, or three family premises.

BX. “Restaurant” means an establishment primarily engaged in the retail sale of Food and drinks for on premises or immediate consumption.

BZAF. "Rubbish" includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, wood, glass, bedding, crockery, plastics, rubber by-products, or litter.

CC. "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 backhauls 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.

CD. “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.

CE. "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.

CFAG. "Solid waste or wastes" include all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, garden waste, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, but excludes:
(1) Sewage collection and treated in a municipal or regional sewage system. (2) Materials or substances having commercial value which have been salvaged for reuse, recycling, or resale.

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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 that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.

CJ. "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.

CL. "State" means the State of California.

CM. “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.

CNAH. "Swill" means all animal, vegetable, or other matter having a food value, from clubs, hospitals, hotels, restaurants, and public eating places, which is putrefactive or easily decomposable and attractive to flies or rodents, and which has a property value.

COAI. "Tenant" means a person who is legally in control of, but is not necessarily the legal owner of, a building, or a part of a building or a dwelling unit or any type of premises.

CQ. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
(2) Grocery Store with a total facility size equal to or greater than 10,000 square feet.
(3) Food service provider.
(4) Food distributor
(5) Wholesale Food vendor.

CR. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an onsite Food Facility and 200 or more rooms. (3) Health Facility with an on-site Food Facility and 100 or more beds.

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(4) Large Venue.
(5) Large Event.
(6) 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. (7) A Local Education Agency facility with an on-site Food Facility.

CS. "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).

8.12.020. Collection of Solid Waste.

The City shall collect, transport, and dispose of all residential solid waste. Commercial and industrial solid wastes may be collected, transported, and disposed of by the City, or by commercial and/or industrial waste collectors licensed in accordance with this Chapter, at the option of the owner, occupant, or tenant of the premises operating the commercial or industrial waste. (Ord. 570 §1, 1997)

8.12.030. Storage of Accumulated Garbage.

It shall be the duty of every tenant, owner, or occupant of any private dwelling house; the keeper of a hotel, restaurant, eating house, boarding house, or other building where meals are served; the owner of every flat or apartment house, trailer camp, motel, auto court, cabin, business establishment; and every other person having garbage, rubbish, or waste matter to keep within the building or on the real property on which the building is situated, the accumulation of garbage, rubbish, or waste matter on the premises during the interval between collections. These accumulations shall be placed in the ninety gallon, three hundred gallon container, dumpster, or other container as deemed appropriate by the City, which shall be supplied by the City or other authorized commercial or industrial waste collector. No other type of garbage container shall be allowed. (Ord. 570 §1, 1997)

8.12.035 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 8.12.035(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).

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8.12.040. Collection-Frequency.

All residential non-recyclable solid waste shall be picked up on a one-stop basis at least once a week. All material, including garbage, rubbish, solid waste, and garden refuse may be commingled in a garbage container or dumpster, except for hot ashes, motor oil, or flammable materials. The ninety (90) gallon garbage containers shall be placed at curbside no sooner than the evening before the pickup day. All empty containers must be removed from curbside by the evening of the pickup day.

In accordance with the City's efforts to reduce the amount of garbage going to landfills, the City may provide for the voluntary separation of garden refuse into separate containers for curbside pickup. Containers and pickup days will be designated by the City. (Ord. 570 §1, 1997)

8.12.050. Rear Yard Service-Charge.

Should any qualified resident request special rear yard service, then the garbage containers must be placed withing seventy-five (75) feet of the closest curb, with only one ninety (90) gallon garbage container being allowed for any such rear yard service. An additional charge of Five Dollars ($5.00) a month shall be make for any rear yard service requested and furnished by the City. Rear yard service shall only be made available to elderly and/or disabled residents who are unable to move their garbage container to the curb. The City at all times shall reserve the right to refuse to grant a request for rear yard service, should any special circumstances make it difficult or impossible to provide such service. (Ord. 570 §1, 1997)

8.12.055. Placement of Containers-Interference with Traffic Prohibited.

Garbage containers shall not be placed in the City streets in such a manner as to interfere with vehicular or pedestrian traffic on the streets or sidewalks adjacent thereto, but shall be placed curbside. Every tenant, occupant, keeper, or owner of the places of occupancy wall be responsible for the regular once-a-week collection of all solid wastes from the places of occupancy in the City, and shall also be responsible for the payment of all garbage service charges made by the City or any other collector from the places of occupancy or business. (Ord. 570 §1, 1997)

8.12.060. Unlawful Deposit of Garbage or Rubbish.

It is unlawful for any person in the City to throw or deposit any solid waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public way, or to throw or deposit the same in or upon any private premises or vacant lot, or to store or keep the same, except in containers for pickup as required by this Chapter. It is unlawful to store, deposit, or keep solid waste in any place where rodents can have access thereto or feed thereon. (Ord. 570 §1, 1997)

8.12.070. Burning Garbage Prohibited-Exception.

It is unlawful for any person, firm, or corporation to burn solid waste at any place within the City. If allowed by State or County law, the Fire Chief of the Fire Department shall have the right to authorize the legal burning of dry rubbish or garden refuse allowed by law, by written permit therefore and further provide, that such burning is not attended by any dense smoke, offensive odors, or fire hazard. (Ord. 570 §1, 1997)
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8.12.080. Burying Garbage Prohibited.

It is unlawful for any person to bury garbage, putrescible wastes at any place within the City. (Ord. 570 §1, 1997)

8.12.085 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 8.12.085(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
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(2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials 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 8.12.085(4) 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 self-hauling, 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 8.12.253 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.

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(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.

8.12.090 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.
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 Self-Haulers) 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.

8.12.095 Waivers for Generators
(A) De Minimis Waiver:

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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 8.12.095(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 8.12.095(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 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 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:

Given inadequate space for collection containers, for Two-Container, Three-Container or ThreePlus 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 8.12.035 or 8.12.085.

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.

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(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.

8.12.100. Collection Truck Requirements.

Every vehicle used for the collection of solid waste shall have a metal-lined, water-tight body and s suitable cover, and shall be operated so as to prevent the contents from falling or spilling therefrom. Each vehicle shall be well painted, and shall be kept in a clean and sanitary condition. (Ord. 570 §1, 1997)

8.12.110. Supervision of Solid Waste Collection and Disposal by City.

The City Administrator is authorized to supervise the collection and disposal of solid waste in the City. The City Administrator or his designated agent shall receive and investigate all complaints and endeavor to improve and extend the solid waste collection service. The City Administrator or his designated agent shall have the power to issue any notices or other type warnings or to issue citations for any violation of any of the provisions of this Chapter. All disputes between licensed collectors, City, and producers concerning charges, service, or any other matter not otherwise delegated, shall be decided by the City Administrator. Any person aggrieved by any decision of the City Administrator shall have the right to file a written appeal with the City Council, who shall decide the matter at the next regular Council meeting. The decision of the City Council shall be final. The Chief of Police or any designated and authorized person is directed to enforce the provisions of this Chapter, and shall have the right to enter all premises for the purpose of making any inspection or investigation which he may deem necessary under the provisions of this Chapter. (Ord. 570 §1, 1997)

8.12.120. Collection Business-License Required.

A. It is unlawful for any person, firm, corporation, or association other than the City, or as specified herein, to collect solid waste within the City, or transport the same through the streets, alleys, and public ways of the City, unless such person, firm, corporation, or association has been licensed so to do by contract or otherwise by the City. The provisions of this Chapter shall not be applicable to any person, firm, corporation or other association to collect solid waste on a not for profit basis for charitable purposes.

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building contractor, or subcontractor engaged in the construction or repair of any building or structure from removing and disposing of any solid waste which has accumulated during such construction or repair if the requirements of Section 8.12.090 Self-Haulers are met. It is unlawful for any person, building contractor, or subcontractor, engaged in the repair, construction, or demolition of any building or structure, or part thereof, to fail to remove from any street, alley, gutter, park, sidewalk, curbing, or any public way, building materials, solid waste, or other rubbish deposited thereon, in connection with that portion of the repair, construction, or demolition work under his special or general supervision. The person, building contractor, or subcontractor must remove such building materials or waste matter within seven (7) days of his final cessation of work on the building or structure, or part thereof.

8.12.130. Commercial and Industrial Waste Collectors-Permit Required.

It shall be unlawful for any person, firm, or corporation other than the City to collect and dispose of commercial waste within the City of Ripon as a commercial waste collector and/or to collect and dispose of industrial waste within the City of Ripon as an industrial waste collector without first having received a permit to do so. Any permit required by this Section may be granted by the City Council of the City of Ripon, and may be subject to such conditions and stipulations as may be determined by the City Council. The City Council shall establish, by resolution, rules and regulations for the administration of this chapter. Notwithstanding any other provision of this chapter, any commercial or industrial waste collector who prior to January 1, 1997, had by an agreement adopted by the City Council received authorization to collect commercial and industrial waste in the City of Ripon shall be considered currently permitted and in compliance with this section for the duration of any such agreement, and shall be exempt from the payment of permit fees during the period of validity of such agreement. Thereafter, said collector(s) shall pay the annual renewal fee set forth in this Section. Said permit or permits for any collectors not previously authorized by the City Council shall be issued upon majority vote of the City Council.

The fee for the issuance of each permit shall be the sum of Eight Thousand Dollars ($8,000).

8.12.140. Commercial Waste Collector-Permit Fee.

In addition to the initial permit fee mentioned in Section 8.12.130 for the privilege to provide service pursuant to permit, the commercial waste collector shall pay to the City of Ripon eight percent (8 %) of the gross revenue collected for performing commercial waste collection services.

For the purpose of this Section only, no such additional fees will be due and payable to City for revenues derived from the direct or indirect sale of reclaimed solid waste or its derivations.

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to collect such commercial waste.

8.12.150. Commercial Waste Collector-Financial Reports to City.

Every commercial waste collector who has obtained a permit to provide commercial waste collection services within the City of Ripon, shall at any time deemed necessary by the City Administrator make available to City all accounting records that pertain to any portion of the commercial waste collector's operations within the scope of the permit issued pursuant to Section

8.12.130.

Annually the commercial waste collector shall provide City with a minimum of fifteen (15) copies of its annual audited financial statements prepared by an independent certified or public accountant. The statements shall be prepared by the independent auditor in conformance with accepted accounting principles. Such statements shall be provided City within one hundred twenty (120) days after the close of the collector's fiscal year. The financial statements shall clearly indicate the commercial waste collector's activities within the City, and the City shall insist that the financial statements do not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Ripon. The City reserves the right to request, and the commercial waste collector shall provide any additional documentation, itemization, or detail as requested by City, to verify any amounts reported in monthly revenue reports and annual financial statements. (Ord. 570 §1, 1997)

8.12.160. Industrial Waste Collector-Permit Fee.

In addition to the initial permit fee mentioned in Section 8.12.130, for the privilege to provide service pursuant to permit, the industrial waste collector shall pay to the City of Ripon eight percent (8 %) of the gross revenue collected for performing industrial waste collection services For the purpose of this Section only, no such additional fee will be due and payable to City for revenues derived from the direct or indirect sale of reclaimed solid waste or its derivatives.

However, this provision shall not be construed to exempt revenue from any element of the services to collect such industrial waste.

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through the granting of the permit, pay all fees and charges due the City as provided for in this Subsection. A five percent (5%) penalty shall apply to a delinquent payment for the first month, and a one percent (1%) penalty shall be added for each succeeding month thereafter until the delinquent balance is paid in full. (Ord. 570 §1, 1997)

8.12.170. Industrial Waste Collector-Financial Reports to City.

Every industrial waste collector who has obtained a permit to provide industrial waste collection services within the City of Ripon shall, at any time deemed necessary by the City Administrator, make available to City all accounting records that pertain to any portion of the industrial waste collector's operations within the scope of the permit issued pursuant to Section

8.12.130.

Annually the industrial waste collector shall provide City with a minimum of fifteen (15) copies of its annual audited financial statements prepared by an independent certified or public accountant.

The statements shall be prepared by the independent auditor in conformance with accepted accounting principles. Such statements shall be provided City within one hundred twenty (120) days after the close of the collector's fiscal year. The financial statements shall clearly indicate the industrial waste collector's activities within the City, and the City shall insist that the financial statements do not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Ripon. The City reserves the right to request, and the industrial waste collector shall provide any additional documentation, itemization, or detail as requested by City, to verify any amounts reported in monthly revenue reports and annual financial statements. (Ord. 570 §1, 1997)

8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators (A) Requirements for Permitted Waste Collectors:
(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 Redline Version

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collection activities in the City in the following year. Reported material types shall be identified by the following categories: Source Separated Recyclable Materials, 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

8.12.255(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 non-compliant 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.
(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.

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(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.

8.12.180. Monthly Rates and Charges.

A. Established. The monthly charge to be made by the City or its agent for the collection of solid waste when placed in containers as provided in this Chapter shall be as follows:
1) Fifteen Dollars and Fifty CentsThirty Six Dollars ($15.5036.00) for all curbside pickups per ninety (90) gallon containers per household unit; Ten DollarsFifteen Dollars and Thirty Cents ($1015.0030) for second container used for commingled collection, or Eight Three Dollars ($83.00) for a second container used for garden refuse only as designated by the City, for the same household unit only when subscribed to a full year.

For the health, safety and welfare of the residents of the City, the ninety (90) gallon containers must not be overloaded so that the lids will not close. If more volume is needed, a second ninety (90) gallon container must be used. If containers are so overloaded that the lid is not able to be closed, the garbage and refuse producer may be cited by the City, and the garbage and refuse producer charged a surcharge equal to one-half ( ½ ) the normal monthly rate for each violation of residential customers.

For commercial and industrial containers where commercial or industrial users overload any container, the City may cite the garbage and refuse producer, and for those commercial and industrial solid wastes which are collected by the City shall charge a surcharge of one-half ( ½ ) the normal monthly rate for each violation of commercial users. 2) Seventy DollarsOne Hundred Sixty Three Dollars and Twenty Cents ($70163.20) for three hundred (300) gallon containers.
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follows for once-a-week pickup on all collections.
a) Ninety (90) gallon container - Fifteen Dollars and Fifty CentsThirty Six Dollars ($15.5036.00) per month (there shall be no second can discount for any commercial service pickup).
b) Three hundred (300) gallon container - Seventy One Hundred Sixty Three Dollars and Twenty Cents ($70163.200) per month.
c) Wheel set for container - Five Dollars and Fifty Cents ($5.50) per month. d) Pickups where location requires a second person to spot for driver or help move bin for pickup - Twelve Dollars ($12.00) per month.
ce) Special pickups - one-half the cost of a regular monthly pickup.

B. Rate Schedule. The rate schedule for commercial and industrial solid waste collections by licensed collectors other than the City shall be set by negotiation between the licensed collectors and the customer.

C. Rate Reduction. A solid waste collection fee "poverty level" exemption is waste generators having a household income below the "very low income" limits then in effect at the time of any request for such an exemption, which limits are periodically established in San Joaquin County by the United States Department of Housing and Community Development for use in connection with Division 31, Housing and Home Finance, Section 500, et seq, of the Health and Safety Code of the State of California. Such "poverty level" exemption is also established in those factual situations where special conditions warrant the giving of such an exemption by reason of a particular financial hardship or inequity or which may be judged by City to contribute to the general community good or betterment of the City and its citizens. Satisfactory proof of such a "poverty level" income or special circumstances, where applicable, shall be presented to the City Administrator or his representative who may then approve such an exemption. If a poverty level exemption is granted, the refuse customer shall be entitled to a Thirty-three Percent (33%) per month reduction in the residential garbage and refuse customer rate to be paid by such a garbage and refuse user qualifying for the residential "poverty level" exemption. Such a reduction in the fee shall continue until such time as the fee rate is modified or discontinued by action of the City Administrator by reason of a determination by the City of a change in the household circumstances or in the household income which would negate the "poverty level" exemption previously granted.

D. Special Charges. When in the opinion of the City the minimum charge, as provided in this Section, is insufficient to cover the cost of the service provided to any commercial or individual solid waste operator by reason of volume or other special circumstances, the City may propose a monthly charge for collection at the establishment and agree with the owner thereof as to the particular charge to be make in each case. Commercial and industrial solid waste operators shall pay the full price for each ninety (90) gallon container used.

The amount of any such increase or decrease shall be annually added to or subtracted from the applicable fees as provided for in this Chapter.

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F. Delinquent Payment. Upon the failure of a solid waste operator to pay any applicable fee or charge set forth in this Chapter which is delinquent, or if the solid waste operator shall violate any other provision of this Chapter, any one or more of the following actions authorized in this Section may be taken by the City to enforce such payment or correct such violation. In each case where all or any part of any fee or charge remains unpaid for twenty-five (25) days after the date of billing, it shall then be deemed delinquent, and a basic penalty of ten (10) percent of the total amount of such bill shall be added to such bill for the first month of delinquency. In addition, an amount equal to one percent (1%) per month of the total amount of such bill thereafter shall be charged for each month during the time that said bill shall remain unpaid after its original delinquent date and the solid waste operator's account remains in an open status. (Ord. 570 §1, 1997)

8.12.190. Commingling of Materials-Separation of Garden Refuse.

Any material other than swill may be commingled for pickup. Garden refuse may be voluntarily separated and placed in City designated containers for curbside collection. Containers designated by the City for garden refuse shall contain garden refuse only and may not contain other solids.

Garden refuse placed within the designated container must be cut or trimmed not to exceed two (2) foot lengths or two inches (2") in diameter.

The cost for collection is as follows:
1/4 truck load (3 ½ CY ±) $40.00
½ truck load (7 CY ±) $45.00
3/4 truck load (10 ½ CY ±) $50.00
Full truck load (14 CY ±) $55.00
Truck load quantities are not compacted and shall be determined by city staff. Garden refuse which has been left at the curb without collection arrangements shall be ticketed. Refuse producers will be required to properly dispose of, or make arrangements for collection of ticketed garden refuse prior to the next designated garden refuse collection day. If garden refuse remains, it shall be collected and the owners will be charged the designated rate. Ownership of garden refuse will be established as the residential or commercial unit directly adjacent to the refuse. (Ord. 570 §1, 1997)

8.12.200. Collection of Prunings and Leaves-Time Period Designated.

Between October 15th and January 7th of each year, or such other period of time as may from time to time be designated by the City Council, the following special handling provisions shall apply for pruning and leaves only. No other solid waste of any kind shall be deposited among the pruning or leaves. During the period, all pruning and leaves may be placed in the gutters curbside without the necessity of placing the pruning or leaves in containers. All pruning, however, must still be cut into lengths not exceeding four (4) feet and six inches in diameter, and need not be tied in bundles. Pruning shall be placed separately from the leaves immediately adjacent thereto. Other than during the period as set forth in this Section for the special handling of pruning and leaves, the Redline Version

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regular provisions of this Chapter shall apply at all times on their handling for the balance of the year. (Ord. 570 §1, 1997)

8.12.210. Unacceptable Material.

Any material which may be deemed to be not acceptable by the City as provided in this Chapter, such as large accumulations from yard cleaning, tree trimmings and removal, and major house cleaning or wrecking or remodeling debris, may be removed by the City as a special collection upon request. All special requests shall be directed to the City Hall. The special pickup charge to be made therefor shall be based upon volume, the difficulty of handling, the time required for the City crew to make the collection, haul it to the disposal site, and return to the City corporation yard.

In no event shall this ordinance be construed as to authorize the disposal by any person of hazardous materials in any manner other than in strict compliance with all applicable laws and regulations pertaining thereto. (Ord. 570 §1, 1997)

8.12.220. Payment and Collection of Garbage Bills.

The charge for the collection of solid waste by the City as set forth in this Chapter, shall be charged and collected from all occupied premise served by the City within the corporate limits of the City. The charges for collection of such solid waste shall be paid at the same time and in the same manner as City water bills are paid. All rules and regulations governing the payment and collection of water bills shall apply in every particular in the payment and collection of garbage bills. (Ord. 570 §1, 1997)

8.12.230. Ownership of Garbage Containers.

All ninety (90) gallon, or three hundred (300) gallon containers, or any other size container supplied by City to each household unit or commercial or industrial solid waste operator shall remain the property of the City. Any damage to the container due to the negligence of the user, so as to require a repair or replacement of the container, shall be the responsibility of the property owner. The cost to replace or repair stolen or damaged containers shall be paid by the property owner. (Ord. 570 §1, 1997)

C. Commercial Edible Food Generators shall comply with the following requirements:
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.

Redline Version

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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 selfhauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

8.12.234 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.

Redline Version

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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.

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.

8.12.238 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.

8.12.240. Failure to Pay Charges.

It is unlawful for any person having solid waste collected and disposed of by the City as provided in this Chapter, to willfully fail, neglect, or refuse to pay for the collecting and disposing of same, the rate provided in this Chapter to be paid for such service. (Ord. 570 §1, 1997)

8.12.250. Modification of Rates or Rules and Regulations.

For the purposes of inspecting Commercial Business containers for compliance with Section Redline Version

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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.

8.12.255 Enforcement
A. With the exception of Prohibited Container Contaminants violations, as addressed under Section 8.12.255(c), violation of any provision of this Chapter may subject the violator to Enforcement Actions indicated.

C. Process for Determining Compliance with this Chapter 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.

Redline Version

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4) The City or its designee shall administer and enforce any and all provisions in this Chapter related to Edible Food waste, including Sections 8.12.232 and 8.12.234. 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.

E. Enforcement Table
With the exception of Container Contamination violations addressed under Section

8.12.255(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 8.12.035
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 8.12.085
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 8.12.085
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 8.12.085
Commercial Business fails to provide or arrange for access to its premises for any Inspection or investigation by City.

Licensed Collector Requirement:

Redline Version

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Licensed Collector Requirement:

Section 8.12.175
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.

Self-Hauler Requirement:

Recordkeeping Requirements for
Commercial Edible Food Generator
Section 8.12.232
Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 8.12.232.

Redline Version

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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.

8.12.260. Violation - Penalty.

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Packet Pg. 201 Attachment: Chapter 8.12 Redline Version (912 : Organic Waste Diversion Regulations) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 03/08/2022
Subject: Water Meter Endpoint Purchase
RECOMMENDATION:

Approve the purchase of endpoint telemetry devices for all City water meters from Badger Meter, Inc. in the amount of $228,140 (funding source: Water Enterprise Capital Fund).

BACKGROUND:

As part of the Water Meter Installation Project in 2015, the City directly purchased approximately 4,000 endpoint telemetry devices from Badger Meter, Inc. that allow water meters to send usage data back to the City via a cellular signal. The endpoint devices purchased had a 10-year battery life with a 5-year full replacement warranty and a 5-year pro-rated replacement warranty. At the end of this 10-year period the City would be responsible for the purchase and replacement of the endpoint devices which was originally scheduled for 2025.

DISCUSSION:

The endpoint devices installed used the latest technology at the time and are configured to run on the 3G cellular network. In April 2020, the major wireless carriers began signaling that they intended to upgrade their existing towers to the newer LTE (4G/5G) standards. This turndown of the 3G networks was scheduled to happen as soon as January 2022. Network performance outside of Badger Meter, Inc. control was not included as part of the original warranty. Badger Meter, Inc. has been working with the major wireless carriers and they have agreed to extend the 3G network longevity through December 31, 2022. The City will need to replace a majority of our current endpoint devices prior to the end of 2022 in order to continue to perform remote meter reads and provide customers online access to their detailed water usage data.

The new endpoint devices offered from Badger Meter, Inc. include a 20-year battery life with a 10-year full replacement warranty and a 10-year pro-rated replacement warranty. Also provided is a guarantee of network performance that states if the communication network supporting the endpoint devices in our service area explicitly and publicly discontinues operation during the

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product warranty time period Badger Meter, Inc. will supply a replacement for free if it occurs within 10-years or at the pro-rated cost if occurring in years 11-20.

Attached are the product data/warranty sheet and the cost proposal.

FISCAL IMPACT:

As mentioned above the endpoint product battery life and warranty was scheduled to end after a period of 10 years which would have meant a purchase in the year 2025. The current price of the new endpoints is $110 each, the City will need 4,148 endpoints which equals $456,280. Due to the unforeseen circumstances of the wireless providers and the City needing to purchase the endpoints in 2022, Badger Meter, Inc. has agreed to reduce the cost by 50%, bringing the total amount to $228,140, which will be paid through the Water Enterprise Capital fund.

Additionally, the City Public Works Department staff time to install the endpoints will cost approximately $40,000.

Attachments:

1. Cellular Water Meter Endpoint Data Sheet and Warranty

2. Endpoint Cost Proposal - Badger Meter, Inc

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ORI-WR-03510-EN-01_DOMESTIC (August 2021) Badger Meter Warranty ORION® Cellular Water Endpoints
Network as a Service (NaaS)

PRODUCTS
This warranty shall apply to Badger Meter ORION® Cellular water endpoints, including the ORION Cellular LTE-M, LTE-MS, C and HLA water endpoints sold on or after August 4, 2021.

This warranty is not transferable and is extended only to utilities, municipalities and authorized distributors selling to utilities and municipalities within the United States or Canada, hereafter referred to as “Customer” and does NOT apply to consumers or any person or entity who is not an original Customer of Badger Meter or its authorized distributors.

MATERIAL AND WORKMANSHIP
Badger Meter warrants all ORION Cellular water endpoints, including battery (configured to the standard mode of operation set by the factory at time of shipment), hereafter referred to as “Product(s)” as listed below, to be free from defects in material and workmanship for the time period stated.

ORION Water Endpoints 20 years and 6 months after shipment Products are warranted to be free from defects in material and workmanship for twenty (20) years and six (6) months after shipment from Badger Meter. Badger Meter will repair or replace, at its discretion, a non-performing Product at no cost during the first ten (10) years, and at a prorated price during the last ten (10) years of the warranty. Badger Meter will apply these prorated price discounts to the Product list prices at the time of Product return and according to the following prorated price discount schedule:

Year Discount % Year Discount %
11 70 16 45
12 65 17 40
13 60 18 35
14 55 19 30
15 50 20 25
>20 0
Replacement Products are warranted for and under the balance of the original applicable Product warranty.

GUARANTEE OF NETWORK PERFORMANCE
If the communication network that supports any ORION Cellular water endpoint in the Customer’s meter service area (“Network”) explicitly and publicly discontinues operation during the Product warranty time period stated herein, thereby rendering any endpoint unable to successfully transmit meter reading data (“Shut Down”), then for each Shut Down endpoint, as confirmed in writing by the Network operator and verified in writing by Badger Meter, Badger Meter will provide the following guarantee in exchange for applicable fees and minimum purchase commitments as described in the most current BEACON® AMA Solution with ORION NaaS Pricing Terms and Conditions document from Badger Meter.

Badger Meter will supply a replacement endpoint that is supported by the most current technology readily available for full-scale use in the Customer’s meter service area affected by Shut Downs (“Replacement endpoints”) at no charge to the Customer for such Replacement endpoints during the first ten (10) years of the Product warranty time period, and according to the prorated price discount schedule stated herein, during the last ten (10) years of the Product warranty time period. Replacement endpoints are warranted for and under the balance of the original applicable endpoint warranty.

The Customer shall be responsible for all other direct and indirect costs associated with the Replacement endpoints, including but not limited to costs associated with installation and maintenance.

If the Customer agrees to pay for shipping and the most current Badger Meter published disposal fee per Replacement endpoint, Badger Meter will properly dispose of returned Shut Down endpoints.

PRODUCT RETURNS
Product failures must be proven and verified to the satisfaction of Badger Meter. The Badger Meter obligation hereunder shall be limited to such repair and replacement and shall be conditioned upon Badger Meter receiving written notice of any asserted defect within 10 (ten) days after its discovery. This exclusive remedy shall not be deemed to have failed its essential purpose so long as Badger Meter is willing and able to replace the defective Product for the Customer within a reasonable time, after receipt of proof that a defect is involved. Product returns must be shipped by the Customer prepaid F.O.B. to the nearest Badger Meter factory or distribution center.

The Customer shall be responsible for all direct and indirect costs associated with removing the Product and reinstalling the repaired or replacement Product.

LIMITS OF LIABILITY
This warranty shall not apply to any Product repaired or altered by any Party other than Badger Meter. The foregoing warranty applies only to the extent that the Product is installed, serviced and operated strictly in accordance with Badger Meter instructions. The warranty shall not apply and shall be void with respect to Products exposed to conditions other than those detailed in Product technical literature or which have been subject to vandalism, negligence, accident, acts of God, improper installation, operation or repair, alteration or other circumstances which are beyond the reasonable control of Badger Meter. With respect to products not manufactured by Badger Meter, the warranty obligations of Badger Meter shall in all respects conform and be limited to the warranty extended to Badger Meter by the supplier.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL

OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING

BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (except warranties of Title).

Any description of the Product, whether in writing or made orally by Badger Meter or its agents, specifications, samples, models, bulletins, drawings, diagrams, engineering sheets or similar materials used in connection with any Customer’s order are for the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by Badger Meter or its agents regarding use, application or suitability of the Product shall not be construed as an express warranty unless confirmed to be such, in writing, by Badger Meter.

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Packet Pg. 204 Attachment: Cellular Water Meter Endpoint Data Sheet and Warranty (3350 : Water Meter Endpoint Purchase) www.badgermeter.com
ORION is a registered trademark of Badger Meter, Inc. Other trademarks appearing in this document are the property of their respective entities. Due to continuous research, product improvements and enhancements, Badger Meter reserves the right to change product or system specifications without notice, except to the extent an outstanding contractual obligation exists. © 2021 Badger Meter, Inc. All rights reserved.

ORION® Cellular Water Endpoints, Network as a Service (NaaS)

SMART WATER IS BADGER METER
Exclusion of Consequential Damages and Disclaimer of
Other Liability
The liability of Badger Meter with respect to breaches of the foregoing warranty shall be limited as stated herein. Badger Meter liability shall in no event exceed the contract price. BADGER METER SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR

LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER

OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR

SERVICES RENDERED BY BADGER METER, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.

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Packet Pg. 205 Attachment: Cellular Water Meter Endpoint Data Sheet and Warranty (3350 : Water Meter Endpoint Purchase) 4545 W Brown Deer Road Milwaukee WI 53223
PO Box 245036 Milwaukee WI 53224-9536
Phone: 800-876-3837 Fax: 888-371-5982
Created Date 03-09-2021
To

CITY OF RIPON
259 NORTH WILMA
RIPON
California 95366
Customer ID 00042579
Effective Dates 03-09-2021 - 06-30-2021
Salesperson Proposal Subject Shipping Terms / INCO Terms Payment Terms 005307 KATHY RICHARDS Customer Loyalty Program PREPAY/NO CHARGE For SHIPMENTS > $35,000

FCA FACTORY
NET 30 DAYS
Line # Description Qty Unit Net Price
USD
Line Totals
USD
1 BMI Part No.: 100-5168
Cat String: E4-4E-AB-AF-NAAA-B0A
Description:

EP Only, For Enc, ORION LTE-M, Pipe Instl Kit, Nicor-8in, Grnd/OceanPause, BMI STD, 4148 55.00 228,140.00
Subtotal - USD 228,140.00
Total Price - USD 228,140.00
Notes and Assumptions
City of Ripon must submit a single PO identifying "ORION Cellular Endpoint Upgrade Marketing Program (ORI-MP-03322-EN)" with the total number of eligible endpoints for trade in clearly noted, and a 1:1 quantity of the latest generation of cellular endpoints for order. Qualification will be verified by Badger Meter. This quote is confidential.

If applicable, sales tax and freight, if included on the proposal, is an estimate and will be recalculated based on rates and tax status in effect at the time of invoicing.

Actual lead time to be provided at time of order.

To aid in processing your order, please include the Quote number on the PO that is submitted for this proposal.

Badger Meter provides certification files to help manage meter and endpoint inventory and to maintain meter accuracy data. The standard method of delivery for this format is via electronic mail. Any deviations from our standard format, or any custom file formats, will be considered on a time and material basis.

Due to continuous improvements and redesign of Badger Meter products and technology solutions, Badger Meter reserves the right to provide our newest product solutions as an alternative to the proposed products provided they are in conformance with the requirements of the specifications and do not exceed the prices quoted.

Domestic Quotation
Quotation No. 3225869
Thank you for your business!
Estimated ship dates subject to change based upon component availability, as a result of global supply chain constraints, or credit review.

This acknowledgment is made subject to the terms & conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions.

Terms and conditions related to service units, training, and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions

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Ripon City CouncilMarch 8, 2022

Ripon City Council
March 8, 2022