Ripon City Council Minutes
TUESDAY, MAY 10, 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, Daniel de Graaf, Leo Zuber, Vice Mayor Michael Restuccia, 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 54956.8 of the California Government Code - APN: 261-140-06.
(2) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code - 2 cases.
Planning Director Zuidervaart left the closed session at 5:51 PM.
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss an economic development opportunity as well as receive an update on two litigation cases. No reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:04 PM with Council Member Leo Zuber leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Rex Rogers gave the invocation.
City Council Page 2 May 10, 2022
ROLL CALL:
Attendee Name Title Status Arrived
Dean Uecker Mayor Present
Michael Restuccia Vice Mayor Present
Leo Zuber Council Member Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, 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, Lauren Reyna, Jack Mendonca, Joel Reyna.
PUBLIC DISCUSSION:
Jack Mendonca said he lives on Harvest Drive and would like to address the Council regarding the traffic turning from Pecan onto Harvest. He said people drive too fast and some neighbors have even had their vehicles hit. He would like to see a stop sign installed at the Pecan and Harvest intersection. He said there is currently a stop sign on Harvest where Harvest intersects with Pecan, but there needs to be one on Pecan as well, effectively making it a three way stop.
Mendonca said the stop sign on Harvest to Pecan is not helpful and people frequently do not fully stop. He said there is a tree on Harvest and Hughes that has been hit as a result of people driving too fast. Mendonca said it is hard to back out of the driveway because people come so fast around the corner from Pecan and while no pedestrians have been yet, he believes it will happen.
Joel Reyna, Director of San Joaquin Fair, said he wanted to stop by and let everyone know that after two years the San Joaquin County Fair is back and will take place June 3 - 5, 2022. He said tickets are on sale now. Reyna said they are excited about the fair attractions including popular tribute bands, a carnival and a petting zoo.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of April 12, 2022 and the City Council Workshop of April 25, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1. CITY COUNCIL - REGULAR MEETING - APR 12, 2022 6:00 PM
2. CITY COUNCIL - WORKSHOP - APR 25, 2022 11:00 AM
City Council Page 3 May 10, 2022
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member de Graaf requested Item 1.2H 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: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(April 2021 $268,717.21)
FY 2021-22 YTD: $3,589,247
FY 2020-21 YTD: $2,525,229
Highway Users Tax
(March 2021 $27,885.90)
FY 2021-22 YTD: $293,070
FY 2020-21 YTD: $269,343
SB1 Street & Road Tax
(April 2021 $25,041.50)
FY 2021-22 YTD: $270,385
FY 2020-21 YTD: $238,343
$242,847.43
$28,080.26
$27,910.70
TOTAL $298,838.39
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
April 2022 $1,212.72
C. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
May 2022 $1,077.81
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – March 2022 $5,175.75
City Council Page 4 May 10, 2022
E. BERTOLOTTI DISPOSAL, INC.
Quarterly Franchise Fee Payment – March 2022 $1,098.19
F. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – March 2022 $12,410.89 G. PACIFIC GAS & ELECTRIC COMPANY
2021 Annual Electric Franchise Fees
2021 Annual Gas Franchise Fees
$108,942.16
$77,401.52
TOTAL $186,343.68
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Fire District Coordination
Bethany Home Society
Public Works Union’s Labor Practice
Complaint
$7,227.50
$885.00
$2,581.25
$425.00
$5,202.75
TOTAL $16,321.50
B. CITY OF STOCKTON
Ripon Share of Library Operating Costs 2021-2022
Invoice #104582 $22,200.00
C. CAVES & ASSOCIATES
Professional Services – Labor Relations
Invoice #22-095 $87.50
D. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
1 st Quarter 2022 - Invoice #Ripon 22Q1 $4,385.40
E. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #52168 $9,224.00
F. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
February Invoice #AR113032
March Invoice #AR113058
$1,305.39
$1,621.75
TOTAL $2,927.14
G. SKW & ASSOCIATES
Design Services for the Senior Center Retrofit Project
Progress Payment Invoice #205820 $1,900.00
City Council Page 5 May 10, 2022
H. ITEM H WAS MOVED TO ITEMS PULLED FROM CONSENT
I. D. A. WOOD CONSTRUCTION, INC.
Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #14 $525,007.39
J. SORACCO, INC.
Well 19 Pump Station Project
Progress Payment – Invoice #6 $77,862.44
K. TERRACON CONSULTANTS, INC.
Stockton Avenue Rehabilitation Project
Materials Testing & Inspection Services
Progress Payment - Invoice #TG64166A $7,548.00
L. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #26665 $1,620.00
M. SHORELINE ENVIRONMENTAL ENGINEERING
Well 19 Pump Station & Site Design
Progress Payment – Invoice #944
Progress Payment – Invoice #945
$550.00
$924.00
TOTAL $1,474.00
N. TESCO CONTROLS, INC.
Well 19 – Motor Control Center Equipment
Invoice #0076455
$19,000.00
1.3. Miscellaneous Items
A. QUARTERLY INVESTMENT REPORT REVIEW
January 1, 2022 - March 31, 2022 Accept the City’s quarterly investment report for the period ending March 31,
2022.
B. SERVICE AGREEMENT - JOCELYN E. ROLAND, PH.D
Jocelyn E. Roland, Ph.D Approve and authorize the Mayor to sign the agreement with Jocelyn E.
Roland, Ph.D. for psychological
services for the Police Department in the
amount of $6,000 (funding source:
General Fund).
City Council Page 6 May 10, 2022
C. PRICE PAIGE & COMPANY
Engagement Letters
Annual Audits
Approve and authorize the Mayor and
City Administrator to sign the
engagement letters with Price Paige &
Company to perform the annual audits
of the City of Ripon Financial
Statements and the Money Purchase
Thrift Pension Plan for the year ending
June 30, 2022 in the amount of
$57,386.00.
D. CLAIM
Mara Salomon Accept the claim filed by Mara
Salomon.
E. CNG STATION IMPROVEMENTS
ANGI Energy Systems, LLC Approve and authorize the purchase and commission of a dual hose CNG
dispenser unit for the CNG Fueling
Station from ANGI Energy in the
amount of $78,066 (funding source:
CNG Station Capital Reserve Fund).
F. PARTIAL ASSIGNMENT AND ASSUMPTION - PEREIRA DEVELOPMENT
AGREEMENT
Periera Residential Development Project Consent to the Assignment and Assumption Agreement allowing Ray
and Darlene Ruiz to purchase a portion
of the Pereira Residential Development
project and land from Gregory and
Donna Miller located at 22874 S. North
Ripon Road (APN: 261-210-09) and
authorize the Mayor to sign the
acknowledgement and acceptance by the
City.
G. WELL 19 PUMP STATION
Soracco, Inc. Approve Change Order No. 2 for
replacing an existing water valve,
adjusting for existing utility conflicts,
upgrading building doors and decreasing
the overall size of the wellsite for a
contract change in the amount of -
$11,850.79 (funding source: Water
Enterprise Capital Fund).
City Council Page 7 May 10, 2022
H. GENERAL SERVICES AGREEMENT - AMENDMENT NO. 2
Terracon Consultants, Inc. Approve and authorize the Mayor to sign Amendment No. 2 to the General
Services Agreement with Terracon
Consultants, Inc. in the amount of
$20,000 to provide construction
materials testing and inspection services
for capital projects, including the
Stockton Avenue Rehabilitation Project
and the Well 19 Pump Station Project
(finding source: individual project
funding source).
ITEMS PULLED FROM CONSENT
1.2H : PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #91668 $9,455.00
Council Member de Graaf said this item involves his former employer, Provost & Pritchard, so he would leave the room for this item.
Motion to approve Item 1.2H 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
**END OF CONSENT CALENDAR**
City Council Page 8 May 10, 2022
2. RESOLUTIONS
A. RESOLUTION NO. 22-15
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING THE IMPLEMENTATION
OF A MANDATORY ORGANIC WASTE
GREEN CONTAINER BE PROVIDED
TO ALL RESIDENTIAL CUSTOMERS
RECEIVING GARBAGE SERVICES
FROM THE CITY OF RIPON.
The State of California has mandated all
cities implement organic waste recycling
requirements through Senate Bill 1383,
which was signed into law by Governor
Brown in September 2016. After
evaluating various options to determine the
most cost-effective option to comply with
the State mandated requirements of Senate
Bill 1383, staff is recommending the City
Council adopt the attached resolution to
move forward with the first phase of
complying with these mandates utilizing
the City’s current green cans for both yard
waste and organic waste recycling.
Additionally, approve and authorize the
Mayor to sign the quote for 1,250 new
green cans from Toter in the amount of
$88,981.55 so green cans can be provided
to those residents who currently do not
have a green can (funding source: Garbage
Enterprise Capital Fund).
Director of Public Works Pease said this resolution will allow the City to move forward with providing and utilizing the green can service for each residential customer and authorizes the Mayor to sign for the purchase of 1,250 new green cans. Pease said there was a minor change to the resolution as presented and there is a redline version in front of Council. He said the resolution is the first step in implementing the State mandated Senate Bill 1383. The first phase is providing green cans to all residents at the current rate of $3.00 per month. Staff will continue to monitor the cost effectiveness of the program in its entirety including the cost of cans and services.
Council Member Zuber said he wanted to clarify that residents will receive information regarding what can and cannot go in the green cans. Pease said education will be provided to residents, as soon as they know what is actually allowed in the green can. He would like to get information out to residents as soon as possible. Pease said about 70% of the community already have a green can.
Vice Mayor Restuccia said he wanted to remind people this is an unfunded State mandate on the taxpayers. He said despite asking the State for the science and research showing the starting points, proposed end points and cost-benefit analysis to back this up, there have been no answers. He said the State is forcing higher costs on residents without providing documentation while they are doing it. He said maybe this Bill is fine, but usually when something is good, you share the information that backs it up, but there is no information forthcoming. Restuccia said he wants it to be clear that the City is not mandating this, it is the City Council Page 9 May 10, 2022
State and is a tax on everybody. He said businesses will have additional expenses to fund in addition to higher operating expenses. He believes this is poor leadership.
Motion to approve Resolution 22-15 approving the implementation of a mandatory organic waste green container be provided to all residential customers receiving garbage services from the City of Ripon and purchase of green cans.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
3. DISCUSSION ITEMS
A. PENSION RATE STABILIZATION PROGRAM-115 RETIREMENT TRUST Discussion/Action Direct staff to draft a resolution to participate in the Section 115 Retirement
Trust and prepare an agreement with
PARS to administer the City’s pension rate
stabilization program, for the City Council
approval.
City Clerk Roos said staff and City Council have been talking about the idea of a Section 115 Trust for more than a year as the idea was first presented at the April 2021 strategic planning workshop and a working session was done in September by PARS to present the concept of Section 115 Trusts being used to prefund pension obligations.
Roos summarized a Section 115 Retirement Trust as a tax-exempt investment vehicle authorized by the IRS to prefund government expenses such as retirement plan benefits.
Assets held within the trust are designated as irrevocable, meaning that the assets must be used to fund the City’s defined benefit retirement plan obligations only. Monies placed within the trust may be invested according to rules governing the trust, which are different than the investment rules the City is required to follow for the City’s pooled investments so in theory, the funds placed within a trust can earn a higher rate of return than if the City invested the funds. She said funds placed within the trust can remain there until the City chooses to draw on them to pay any benefit obligation to CalPERS. The City Council may consider adopting polices of when the trust is to be used to pay a CalPERS obligation.
Roos said while an employee is working for the City, the City is required to pay CalPERS the “Normal Cost” to fund the future retirement payments of each employee. In addition the City is charged an “Unfunded Actuarial Liability (UAL)” which represents the difference between what was paid through the Normal Cost to the current calculated amount needed to fund a retired employee’s retirement compensation. CalPERS has made changes to their actuarial assumptions that have significantly increased pension liabilities to cities.
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Roos said the most recent PERS actuarial report dated June 30, 2020 shows the City’s current UAL is $5 million with future annual payments ranging from $350,000 in 2021- 22 to $580,000. Roos said even though the City’s unfunded pension liability is not as significant as other cities, because only the City’s sworn police officers receive a PERS defined benefit retirement plan, staff has evaluated establishing a Section 115 Retirement Trust to mitigate this liability.
Roos said staff has received information from three third-party firms to manage the Section 115 Retirement Trust for the City of Ripon and have reviewed the firms’ experience in serving local government clients in establishing these Trusts, their investment performance, fees, and references. Roos said based upon that criteria, staff is recommending the City of Ripon move forward with Public Agency Retirement Services (PARS) to administer the Section 115 Retirement Trust because of their list of clients, many of whom are local cities and have experienced the highest rate of return over the last 10 years. Roos said that while PARS has the highest administrative fees, comparatively, it is immaterial.
Roos defined the next steps as approving a resolution appointing a Plan Administrator and authorizing the Mayor to execute the contract with PARS at the June 2022 City Council Meeting, PARS will then assist staff in surveying the Council for their risk tolerance and the beginning investment amount followed by Council adopting an Investment Policy for the Section 115 Trust, including risk tolerance, investment amount, and how the Section 115 Trust is to be used to fund CalPERS obligations. Finally, establishing the Section 115 Trust and deposit funds, which we hope to have completed by November 2022 at the latest.
Roos said Council should note that the fiscal impacts to the City will vary based upon the amount invested in the Section 115 Retirement Trust and investment policy adopted by the City Council.
Motion to direct staff to draft a resolution to participate in the Section 115 Retirement Trust and prepare an agreement with PARS to administer the City’s pension rate stabilization program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
B. 2022-2023 BUDGET DISCUSSION
Discussion/No Action Staff to discuss the fiscal year 2022-2023 budget.
City Administrator Werner said he will be discussing the 2022-2023 fiscal year budget.
He said the strategic planning meeting set the direction that has been incorporated as part of the budget. His discussion tonight will focus on General Fund revenue and the next discussion will focus on expenses, debt of the City and staffing.
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Werner presented a PowerPoint presentation showing the General Fund balance over the year, the slide shows the first half of the year where City is typically in a deficit and then catches up in the second half. He presented a graph that showed revenue is currently
7.5% higher and expenses are 1% higher than budgeted. Werner said inflation has caused prices to go up.
Werner estimates the General Fund surplus to be about $1 million before transfers. He said he believes it is important to show the fund amounts pre-transfer because it gives a clear picture of the health of the General Fund. He said the transfer amounts are usually about $500,000 including capital replacements and making the landscaping districts whole. He said the leftover money is considered surplus, and per Council policy, 33% of surplus goes to street and road reserves.
Werner said the surplus funds have allowed the City to build up contingency funds for unexpected economic downturns in order to continue providing services. He said he is projecting a decrease of about 2% for the 2022-2023 fiscal year as compared to the 2021- 2022 fiscal year in general fund revenue. Werner said global and national happenings have created uncertainty in the City's General Fund budget. He said development fees and property tax revenue have decreased while sales tax continues to fluctuate The City is receiving $3.9 million from the American Rescue Plan and Council discussed possible allocations at the strategic planning meeting.
Werner said sales tax revenue has fluctuated between $3-4 million over the last five years and he is projecting an 8% decrease for FY 2022-2023. Property tax revenue is projected to increase by 2%, which is the lowest annual increase since 2013-14; Werner believes this is due to a lack of development. Development related revenue has decreased from $850,000 to $250,000 since 2016-17. Motor vehicle in-lieu has averaged 5% increases over the last 5 years and he is projecting the same for the upcoming year.
Werner said recreation revenue has recovered and he is expecting a 3% increase this year.
He said there has been a substantial increase in commercial sales tax from $400,000 in 2011 to $1.2 million in 2021 and that 30-40% of this increase has come from the Economic Development Incentive program. He said Planning Director Zuidervaart has done a good job building relationships with landowners and developers.
Werner said commercial sales tax provides stability in sales tax revenue as compared to the sale of fuel, which has reduced from 60% of the City’s sales tax income in 2012 to just above 35% now. He said the sales tax revenue has afforded many benefits to the residents of Ripon including having the second highest ratio of police to people in the County and the most parks to people ratio in the County. One of the biggest concerns regarding sales tax revenue is the transition from fuel to electric vehicles and how sales tax is collected regarding internet sales.
Werner said California is one of the last states that uses the origin of the business to distribute the sales tax from internet sales. The Countywide pool receives revenue from online retailers if the company is completely out of state, but if one part of the company City Council Page 12 May 10, 2022
is in California then that city receives all of the sales tax for that online sale. Ripon’s share of the County pool has gone from $250,000 to $540,000 in the last ten years.
Werner said California is looking at a destination-based system where the city the goods are shipped to would receive the sales tax.
Werner said the budget will come back to Council in July for approval.
Council Member Barton asked how the idea of a significant decline will factor into the budget. Werner said when the contingency funds were developed, there were certain policies associated with those funds and as part of the budget staff will revisit them.
Overall, the City is fairly well positioned to mitigate a three-year downturn because of the contingency funds. He said this term is based this on what happened in 2008.
Council Member Zuber said besides the contingency funds, there are several high dollar projects the City is preparing to start and in the case of a severe recession, the projects can be halted.
Werner said during the recession in 2008, the City had to lay off 20% of their employees and has since only hired a few back and instead have invested money into making existing staff more efficient as opposed to hiring more staff. He said they invested a large amount into license plate readers to help the police department and water meter reader technology instead of sending staff to read meters every month.
Werner said tonight’s discussion was to review the highlights of the General Fund revenue and the next discussion will focus on the expenses. He said he plans to bring the budget for City Council approval in July.
REPORTS
Department Heads:
Planning Director Zuidervaart said there are two parcel maps on the agenda for the May 16, 2022 Planning Commission meeting.
Director of Public Works Pease said the water usage for April was 13% lower than 2013 and 6% lower than 2021.
Pease said the Governor issued an Executive Order in March tasking the State Water Board to reduce water usage by coming up with water conservation measures that need to be in place by May 25, 2022. The proposed regulations include cutting watering days to 2 days a week and prohibiting water features. The biggest item is the non-functional turf irrigation prohibition for commercial, industrial, and institutional facilities.
Council Member Zuber said Southern California will only be allowed to water one day a week beginning June 1, 2022.
City Council Page 13 May 10, 2022
Council Member de Graaf said the State passed the Sustainable Groundwater Management Act in 2014 allowing 20 years to reach sustainability and the State should try to manage the current laws rather than making new ones.
City Attorney Terpstra said his son, Tommy Terpstra, passed his bar exam.
City Council:
Council Member Barton said Love Ripon was a neat event with a historic amount of volunteers, giving one an opportunity to appreciate the town we live in.
Barton said he attended an event in Visalia and the people in the southern end of the valley have a distinctly different and more profound challenge in regard to water. He said in this part of the valley we are in the sweet spot, however he would encourage the City to be more aggressive in connecting our water service to the irrigation district. He believes this is not a project that will be able to be deferred.
Barton said the invocation tonight mentioned the liberties we enjoy in this country and he sees people take these liberties for granted, often in the form of attacking the institutions that uphold those liberties, saying he wanted to share a quote from Ronald Reagan who said “Freedom is never more than one generation away from extinction. We did not pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same”. He said he would encourage us to share with others how precious our freedom is and when it is lost, it will be gone forever.
Council Member de Graaf thanked everyone who was here enjoying the meeting.
There being no further business, the meeting was adjourned at 6:56 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, APRIL 12, 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, Mayor Dean Uecker.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, Police Chief Ed 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 – 1 case.
(2)Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Police Officers Association
(b) Ripon Sergeants Association
(c) Public Works Employees
(d) Unrepresented Employees
Return to open session.
City Attorney Terpstra said Council met in closed session to receive an update on succession planning as well as an update on litigation options relative to JKB. Staff was given direction and no reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:03 PM with Vice Mayor Restuccia leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Brett Dood gave the invocation.
1 Packet Pg. 14
Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Approval of Minutes) City Council Page 2 April 12, 2022
ROLL CALL:
Attendee Name Title Status Arrived
Dean Uecker Mayor Present
Michael Restuccia Vice Mayor Present
Leo Zuber Council Member Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Recreation Director Kye Stevens, Director of Public Works James Pease, Senior Civil Engineer Sarah Collins, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Kelly Donohue, Connie Jorgenson.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of March 8, 2022 and the City Council Workshop of March 31, 2022.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1. CITY COUNCIL - REGULAR MEETING - MAR 8, 2022 6:00 PM
2. CITY COUNCIL - WORKSHOP - MAR 31, 2022 11:30 AM
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member de Graaf requested Items 1.2G and 1.4C 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 Packet Pg. 15
Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Approval of Minutes) City Council Page 3 April 12, 2022
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(March 2021 $278,342.07)
FY 2021-22 YTD: $3,346,400
FY 2020-21 YTD: $2,256,511
Highway Users Tax
(February 2021 $20,096.70)
FY 2021-22 YTD: $264,990
FY 2020-21 YTD: $241,457
SB1 Street & Road Tax
(March 2021 $21,343.75)
FY 2021-22 YTD: $242,474
FY 2020-21 YTD: $213,301
$249,212.20
$29,759.05
$25,274.30
TOTAL $304,245.55
B. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
March 2022
April 2022
$1,077.81
$1,077.81
$2,155.62
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – February 2022 $5,254.12 D. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
March 2022 $1,212.72
1.2. Bills, Invoices, Payments
A. CAVES & ASSOCIATES
Professional Services – Labor Relations
Invoice #22-075 $393.75
1 Packet Pg. 16
Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Approval of Minutes) City Council Page 4 April 12, 2022
B. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Meadowood
Bethany Home Society
Response to OE3 PERB Complaint
$3,540.00
$442.50
$958.75
$2,443.75
$6,711.25
TOTAL $14,096.25
C. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2021-2022 4th Quarter Deposits
Liability Program
Workers’ Compensation Program
$78,751.00
$130.179.00
TOTAL $208,930.00
D. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $15,120.00
E. SHORELINE ENVIRONMENTAL ENGINEERING
Well 19 Pump Station & Site Design
Progress Payment – Invoice #941 $247.50
F. COGDILL + ASSOCIATES, INC.
Appraisal Services
APNs: 245-180-27 and 245-180-23 $8,000.00
G. ITEM G WAS MOVED TO ITEMS PULLED FROM CONSENT
H. STANTEC
Wastewater Discharge Permit Groundwater
Monitoring Progress Payment
4th Quarter 2021 - Invoice #1903049 $3,436.50
I. MCR ENGINEERING
Construction Management Services for the
Stockton Avenue Rehabilitation Project
Progress Payment - Invoice #16872
Progress Payment - Invoice #16957
$4,440.00
$3,650.00
TOTAL $8,090.00
J. D. A. WOOD CONSTRUCTION, INC.
Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #13 $601,728.10
K. SORACCO, INC.
Well 19 Pump Station
Progress Payment – Invoice #5 $68,525.40
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L. TERRACON CONSULTANTS, INC.
Stockton Avenue Rehabilitation Project
Materials Testing & Inspection Services
Progress Payment - Invoice #TG45813
Progress Payment - Invoice #TG54740
$1,220.00
$5,875.00
TOTAL $7,095.00
1.3. Resolutions
A. RESOLUTION NO. 22-12
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
TRANSIT SYSTEM TRIENNIAL
PERFORMANCE AUDIT FOR THE
THREE YEARS PERIOD ENDING
JUNE 30, 2021
This resolution accepts the Triennial
Performance Audit of the City of Ripon
Transit System for the three years ending
June 30, 2019, June 30, 2020 and June
30, 2021, prepared by Moore &
Associates, Inc.
B. RESOLUTION NO. 22-13
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING THE ANNUAL
TRANSPORTATION
DEVELOPMENT ACT CLAIM AND
AUTHORIZING SUBMISSION TO
THE SAN JOAQUIN COUNTY
COUNCIL OF GOVERNMENTS
FOR THE 2021-2022 FISCAL YEAR
OF THE CITY OF RIPON
This resolution approves the City of
Ripon Annual Transportation
Development Act Claim and authorizes
submission to the San Joaquin County
Council of Governments for the 2021-
2022 Fiscal Year.
C. RESOLUTION NO. 22-14
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE SAN JOAQUIN
COUNCIL OF GOVERNMENTS’
ANNUAL FINANCIAL PLAN FOR
FISCAL YEAR 2022-2023
ADOPTED BY THE COG BOARD
ON MARCH 24, 2022
This resolution accepts the San Joaquin
Council of Governments’ annual
financial plan for fiscal year 2022-2023.
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Approval of Minutes) City Council Page 6 April 12, 2022
1.4. Miscellaneous Items
A. STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.
Change Order No. 10
Approve Change Order No. 10 in the
not to exceed amount of $19,159.86 for
additional concrete driveway work
(funding source: Measure K Grant).
B. GENERAL SERVICES AGREEMENT
Basecamp Environmental, Inc Approve and Authorize the Mayor to sign the agreement with Basecamp
Environmental, Inc. to provide
environmental services required for the
Terraces at Bethany Home Project in the
not to exceed amount of $20,745.00
(funding source: Bethany Home's
Development reimbursement account).
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. GENERAL SERVICES AGREEMENT
Basecamp Environmental, Inc Approve and Authorize the Mayor to sign the agreement with Basecamp
Environmental, Inc. to provide
environmental services required for the
Senior Center retrofit project in the not
to exceed amount of $5,000.00 (funding
source: CDBG funds).
E. TRAINING DONATION
Ripon Police Department Accept the donation of $2,085.87 from Rick and Valerie Van Unen for the
Ripon Police Department staff to attend
wellness training from Dr. Gilmartin.
F. PROJECT IMPROVEMENT AGREEMENT
Parallel Avenue Self-Storage Approve the Project Improvement Agreement (PIA) associated with the
Parallel Avenue Self-Storage Project
between JKB Living, Inc. and the City
of Ripon, and authorize the Mayor to
sign for recording.
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Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Approval of Minutes) City Council Page 7 April 12, 2022
G. MEASURE K RENEWAL COOPERATIVE AGREEMENT (C-22-028)
Ripon Safe Routes to School
Improvements Project Reimbursement
Approve and authorize the Mayor to
sign the Measure K Renewal
Cooperative Agreement No. (C-22-028)
with the San Joaquin Council of
Governments (SJCOG) in order to
receive reimbursement for the Ripon
Safe Routes to School Improvements
Project from the Smart Growth
Incentive Program funding category of
the Local Transportation Improvement
Plan (LTIP).
ITEMS PULLED FROM CONSENT
1.4C : CLAIM
Abhijit & Amandeep Gill Deny the claim filed by Abhijit & Amandeep Gill.
Council Member de Graaf said he pulled this item because he feels there may be fault on both sides. The Ripon Municipal Code (RMC) states the rules but our policy should be that a note is left. Director of Public Works Pease said the driver made a judgment call, our policy is that cans are to be five feet away from any obstruction. If the driver feels it is out of range, the driver will tag the can. de Graaf said he feels the City should consider reimbursing a portion, if not all, of Mr. Gill’s claim. He used the example of if a car was to park too close to a can and the driver hit the car, then the City would pay for the damages.
Council Member Barton said he is inclined to agree. He asked Abhijit Gill who was present in the audience if he would like to present his side.
Abhijit Gill said he wanted to thank the Council for the opportunity to speak. He said he feels that the incident was avoidable, if the driver did not feel safe, he should not have picked up the can, but should have tagged it. The hoop has been on the sidewalk for 2 1/2 years. He said he works in transportation, and in his experience, his work tells drivers that if they do not feel safe, they should not attempt the service, but call dispatch. This driver did not do this, but instead knocked it down, picked it back up and drove off. Gill said he was lucky it was caught on camera. Gill said the driver did not tell anyone, including his supervisor about the incident. He said he understands mishaps happen.
Vice Mayor Restuccia asked if the hoop was allowed on the sidewalk. Pease clarified that basketball hoops are not allowed on the sidewalk per the RMC. Restuccia said he sees them on the sidewalk all the time.
de Graaf said this is his point, he believes most people do not know they are not allowed to have a basketball hoop on the sidewalk. He said the driver made a mistake and should not have picked up the can, but should have tagged it instead. 1 Packet Pg. 20
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Restuccia asked if the can was under the hoop. Gill said the can was not under the hoop, but was in front of the hoop and questioned whether Council had seen the photos or the videos. Council indicated they had seen pictures but not the video.
Barton said the photos looked like the hoop was repairable. Gill disagreed.
Mayor Uecker asked City Attorney Terpstra what Council needs to do legally. Terpstra said Council is in the position of confirming or denying the findings of the adjuster.
These claims are routinely evaluated by the risk management team and in this case, the adjuster has clearly assigned responsibility to the homeowner and not the City. He said the purpose of Council denying claims of this nature is to set a shorter statute of limitations for a legal challenge, making it easier for both parties to quickly get a resolution. Denying a claim does not mean that at the end of the process, the homeowner has no relief, they do. He said these cases are routinely handled by way of denial, but staff will follow the direction of the Council.
de Graaf reiterated that if the can was close enough to be able to damage someone’s property, the driver should not have picked it up. Terpstra said in a situation where the can was placed under an object that was not allowed to be there, he does not see a difference between this and a number of other claims that have been denied by the City.
Council Member Zuber said he is concerned about the direction of the conversation because he feels Council is potentially being asked to make a decision based on partial information. He asked if Council denies the claim, does the conversation stop, or can the conversation continue, the facts gathered and another recommendation can be brought back to the Council.
Gill asked what other information the Council needs from him; he has given them everything he has.
Zuber said staff is being directed to meet with Gill and bring back a recommended resolution and Gill will have the ability to agree or disagree.
Motion to direct staff to meet with Mr. Gill to review all the information and bring a recommended resolution to Council.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
1.2G : PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment - Invoice #90432
Progress Payment - Invoice #90915
$270.00
$810.00
TOTAL $1,080.00
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Council Member de Graaf said this item involves his former employer, Provost & Pritchard, so he would leave the room for this item.
Motion to approve Item 1.2G Provost & Pritchard Consulting Group.
RESULT: ADOPTED AS AMENDED [3 TO 1]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Restuccia, Zuber, Barton
NAYS: Uecker
AWAY: de Graaf
**END OF CONSENT CALENDAR**
2. RESOLUTIONS
A. RESOLUTION NO. ______
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
OPPOSING THE TAXPAYER
PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT
Councilmember Barton requested this item
be tabled from the March 8, 2022 meeting
such that the City Council could consider
additional information from the Howard
Jarvis Taxpayers Association and
California League of Cities. Both
organizations have been invited to present
to the City Council at the April 12, 2022
City Council meeting.
This resolution opposes the Taxpayer
Protection and Government Accountability
Act (AG# 21-0042A1).
City Administrator Werner said this item was talked about at the March meeting and was tabled per Council Member Barton’s request. Werner said he and Barton had the opportunity to speak with the League of California Cities regarding the Taxpayer Protection and Government Accountability Act. Werner said this bill restricts local government’s ability to adopt new taxes and fees as well as updating existing ones. Some of the specific concerns are related to franchise fee revenue. The bill requires the city to defend the amount the City collects through franchise fees and AB1600 fees and show justification for those amounts.
Werner said the AB1600 fees are charged by the City to mitigate the expenses of development to the City and expand infrastructure. The City currently is doing a nexus study and this bill would require evidence that minimum cost requirements are met. Werner said this bill will also prohibit the use of advisory committees to monitor the use of revenue related to sales tax revenue. These committees have been helpful in getting measures passed.
Prohibiting these committees will make it harder to pass sales tax measures. Werner said any new sales tax measure would have to have a defined number of years that it would be in place. This is fine for capital items like Measure K, but it becomes more difficult for tax measures related to staffing. Werner said staff is recommending the City Council approve the 1 Packet Pg. 22
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resolution opposing the Taxpayer Protection Act.
Council Member Barton asked Nicolas Romo from the League of California Cities to speak on this matter. Romo thanked the Council for the opportunity to speak on behalf of the League of California Cities. He said he wanted to outline some of the provisions that are of concern for cities. He said as it relates to fees and charges, except for licensing and regulatory fees, the bill really restricts cities from being able to adjust fees from year to year.
Cities currently operate under a reasonable standard, Council and staff look at how much should be charged for the cost of services and provide a reasonable fee schedule in which they deliberate and agree to throughout the process. Romo said the measure creates two new obstacles to provide services to residents. It lowers the amount cities are able to charge, not the amount they need to charge or that is needed for the community, but the amount that outside folks believe is the lowest amount you should charge. The bill also requires cities defend the fees to a point where the court must rule in the favor of the city. The League of California Cities believe the power should lie with city government to set fees.
Vice Mayor Restuccia said he certainly does not want the ability to raise taxes to be given to just anybody. He said he is against taxes and believes them to be a waste of money in most cases. In relation to Romo’s comment that cities are limited to what can be charged, Restuccia questioned what happens if the city does a study and it is found that they need to collect taxes. He asked if the city is able to justify the cost, will an outside entity be able to regulate a separate amount and then penalize the city. Romo said a taxpayer could sue the city if they believe the fee is not set at the absolute minimum cost, which is based on the opinion of the fee payer or taxpayer. The city would then have to defend that to a significant degree. The current practice of doing a study and doing due diligence is enough for cities to protect and defend the fees charged, but will not be enough in the future. Restuccia said he believes he should only pay a dollar per gallon of gas, but that does not work because taxes are included in the price.
Council Member de Graaf said he works with Proposition 218 frequently as a consultant for many districts. He said he feels the name, Tax Payer Protection and Government Accountability Act, implies the State will stop imposing so many taxes; however, this really hits the smaller districts such as water districts and special districts the hardest. He said he sees both sides of the argument, but he would hate to see good cities struggle with being able to adjust fees and taxes as necessary.
Tino Rossi applauded the Council’s decision to table the item until they could hear both sides of the issue. Rossi said one of the provisions and the main spirit of the campaign is to give the voters the final say. It does this by requiring final voter approval of all new taxes passed by California legislature instead the current 2/3 Legislature vote and Governor’s signature.
Rossi said another provision restores the 2/3 voter threshold requirement for local special tax increases, which is how it was for 40 years under Proposition 13. The third provision increases transparency for taxpayers by requiring all tax increases placed on the ballot clearly designate the use, the rate, and the duration of the tax increase. He said there is discussion that the measure would limit taxes in perpetuity, he said this is false. He said the bill does not prohibit having a tax to hire staff in perpetuity, so long as the ballot states the tax increase is in perpetuity.
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Rossi said in reference to the advisory committees, taxpayers do not mind paying the taxes, but the taxes are not being spent where taxpayers believed they would be spent. He said he wanted to be clear that this measure does not impact current revenue streams, the only lookback provision will be any tax measure increase passed after January 1, 2022.
Rossi addressed de Graaf’s concern about special districts saying he recognizes that there are critical needs that need to be addressed and there are governing bodies tasked with addressing that. The reason it is so hard to get voters to pass a tax increase is because they have been misled time after time. He said he believes that when cities bring thoughtful policy proposals, raise revenue, and use the money where it was promised, there is no problem getting voters to approve the new revenues. The problem is when the trust is abused.
Restuccia said the Governor has taken what the voters have said to do and disregarded it and nobody has done anything about it and questioned if there are any penalties.
Rossi said this measure requires every tax increase be taken to the voters and dictates that every tax measure has to provide the use, rate and duration of the tax and this includes any measure from the Governor and provides citizen recourse to sue the government should those dollars be diverted.
Zuber said his concern is that this measure addresses problems at the State level, which he does not have a problem with, but the way the measure is written it trickles down to the local level. He is concerned that the Council will be stuck with Rossi’s attitude regarding tax issues at the State level and then the Ripon City Council will have to deal with all the new processes and procedures that stem from problems at the State level. Rossi said it does not change the requirement for general tax increases, those will still be 50% approval and any non-special tax increase and special tax increases for 45-plus years were required to receive a 2/3 voter designation. He said even if the measure does not pass, if the local governing body puts a measure on the ballot, it will require 2/3 vote. The only special tax increase that requires a majority vote is citizen-placed initiatives.
Zuber said he is going to vote for this resolution to oppose the measure because he believes the measure needs to be rewritten so that it is clear the measure is meant for State level problems and leave the local people alone. Zuber said the measure is too broad and has too much built into it that is going to make the City Council miserable over the next few years.
He does not oppose what the bill is trying to do at the State level but he does have a problem with the fingers that are going to be moving into Ripon.
Barton said he did not hear anything from League of California Cities that makes him concerned at the local level for a community like Ripon who responsibly manages their city budget, has appropriate taxing in place and a citizenry that recognizes revenue is needed. He said he believes the threshold of 2/3 is a wonderful thing. He said this might be a State issue but we all pay State tax, with California being the most taxed State in the Country. The State consistently raids the cities and counties and deprives them of due revenue, but thankfully Ripon has a City Council and staff that responsibly manages the revenue they have. He said he strongly opposes this resolution and believes this measure is needed in the State of California.
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Zuber said he is not disagreeing with Barton, but every problem presented was at the State level and the bill needs to address the State and not the cities. He will fully support this if there is a clear line drawn between the State and local governments.
Restuccia asked if the measure could be amended as Zuber has suggested. Rossi said it is too late in the process to amend the measure.
Motion to approve the resolution opposing the Taxpayer Protection and Government Accountability Act.
RESULT: DEFEATED [2 TO 3]
MOVER: Leo Zuber, Council Member
SECONDER: Dean Uecker, Mayor
AYES: Uecker, Zuber
NAYS: Restuccia, de Graaf, Barton
REPORTS
Department Heads:
Chief Ormonde said they will be swearing in the ninth dispatcher on April 21, 2022 at 3:00 PM.
Director of Public Works Pease said March's water numbers match the 2013 numbers and there was a 53% increase from 2021 numbers.
Senior Civil Engineer Collins said the majority of the underground work is complete on Stockton Avenue, crews have started grading the road, and the installation of pavers is scheduled for the end of April. Collins said the underground work at Well 19 has been completed and anticipates the project will be finished in August.
Council Member Zuber said he would like to see better dust control on the weekends on Stockton Avenue. Collins said she has been in contact with the contractor and will check on that.
City Council:
Council Member Barton said he wanted to mention the First Responder Day and the fact that it was well attended and went very well. He said Vice Mayor Restuccia did a great job as the event's emcee. He said this was a great reminder of how much Ripon supports its community.
Barton said he attended his first Strategic Planning meeting and it was a great opportunity to gain an insight into the leadership at staff and Council level.
Council Member de Graaf echoed Barton's sentiments about the First Responder Day. de Graaf wanted to remind the public that the Love Ripon event will be April 30 and Alpine Climbing will do a ribbon cutting on April 30 at 2:00 PM for their one-year anniversary.
Zuber said the clock on Main Street has never told the right time. Pease said staff is in the process of having a technician come out to fix the clock. 1 Packet Pg. 25
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Zuber said at the Strategic Planning meeting he asked about receiving information on the amount of the General Fund in 2008 and the percentage that went to personnel and what those numbers were in 2021.
Restuccia said he wanted to thank everyone who attended the First Responder Day. He said he will be attending Love Ripon.
There being no further business, the meeting was adjourned at 6:57 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 26
Minutes Acceptance: Minutes of Apr 12, 2022 6:00 PM (Approval of Minutes) Ripon City Council Workshop Minutes
Informal Informational Meeting
DATE: MONDAY, APRIL 25, 2022
PLACE: COUNCIL CHAMBERS, 259 N. WILMA AVENUE, RIPON, CA 95366 TIME: 11:00 AM
1. 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 Remote
Gary Barton Council Member Present
OTHERS PRESENT: City Administrator Kevin Werner, Planning Director Ken Zuidervaart, Director of Public Works James Pease, Senior Civil Engineer Sarah Collins, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby.
2. TOPICS OF DISCUSSION
RESIDENTIAL OPTIONS FOR ORGANIC WASTE DISPOSAL
Discussion/No Action California State Legislation SB 1383 imposes certain regulations that impact
solid waste collection in Ripon. Staff has
put together options for Council to
consider regarding residential disposal
options in order to comply with these new
State regulations.
Director of Public Works Pease said the goal of today’s workshop is to provide the City Council information on SB 1383 and the key components that will have the greatest impact on the City. Impacts will be seen in residential garbage rates, capital expenses, procurement obligations, and operational challenges. Pease said he is looking for feedback from Council on the items he will be presenting today.
Pease summarized the history and goals of SB 1383 saying the target of the bill is to reduce organic waste disposal by 50% in 2020 and 75% by 2025 and rescue 20% of 2 Packet Pg. 27
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currently disposed of surplus food by 2025. Pease pointed out that the program has failed in its first goal.
Pease described the one, two and three-can systems that are the current options available. He described the one-can system as the system currently in use by the City.
However the regulations require the City take the black cans to a facility that can separate and recover 50% of organic material by 2022 and 75% by 2025. He pointed out that CalRecycle has not designated any facilities capable of this degree of separation and recovery. He said Gilton in Modesto is actively working towards this goal.
Pease described the two-can service requirements as having one container for organic waste only and one can for mixed recyclables and trash. He said this option will eliminate some of the inspection and enforcement from City staff and allow organic waste to be hauled to the current facility. Staff is working with the facility already in use to determine what residents will be allowed to put in the organic container. Pease described the three-can service as requiring one container for organic waste, one for mixed recyclables, and one for trash. Pease said this option will allow trash and organic waste to be hauled to the current facilities but will require recyclables to be hauled to a separate facility.
City Administrator Werner said it is important that the residents comply with whichever option is implemented. Pease said the easiest option for residents would be the current one-can system and he anticipates receiving compliance with a three-can system will be difficult. The two-can and three-can options will require education for the public in order to for residents to be able to comply.
Discussion was had regarding the education residents will need in order to obtain compliance. Pease said CalRecycle will be auditing the City to ensure education is being provided and CalRecycle will also require an inspector from the City.
Pease said the lowest price point for the City and residents is the three-can system. A one-can system will be a 32% rate increase for residents versus a 19% increase with a three-can system. He said this is because the tipping fees for a one-can system are so expensive that the cost to dump the one-can system is higher than the capital and operational costs of a three-can system.
Pease said staff is recommending the two-can system where the City would purchase and implement required green cans for all residential households; this will require an additional 1,250 greens cans. This will be a capital cost of $113,000 and an operational cost increase of $85,000 annually. The customers who receive the required green can will be charged the regular $3.00 a month rate. Pease said current green can households will have no change except to put food waste into the green can. Staff is working with the current facility to identify acceptable compostable food items so outreach efforts can begin.
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Pease said it is important to note that this will not bring the City into complete compliance with the State law, this is the best we can do in order to be compliant because the required facilities do not yet exist. Gilton is working towards providing a compliant facility by mid-2023 and at that point, the City would need to revisit this and possibly add a third can.
Council discussed the importance of continuing to ensure residents understand that the State is forcing the City to implement these requirements and that it is important for residents to know that the rates will be going up because of the regulations.
Pease gave a brief overview of the procurement policy requirements that will be required under SB 1383 saying the State will require Ripon to procure approximately 1,350 tons per year of eligible compost, eligible mulch or renewable gas. The City will also be required to obtain recycled content paper products.
Pease summarized the next steps as purchasing and implementing green cans for all residents, developing ongoing education and outreach for all residents and unfamiliar businesses, begin work with permitted haulers to implement SB 1383 and revise the procurement policy.
Staff was given direction to proceed with the two-can system and bring it to Council for approval.
3. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:13 PM.
KEVIN WERNER
City Administrator
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Minutes Acceptance: Minutes of Apr 25, 2022 11:00 AM (Approval of Minutes)
1.1.A.a
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Attachment: 2022 02 advance (3394 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2100344 and 2100344AIssue Date: April 07, 2022Fiscal Year: 2021-2022Collection Period: February 24, 2021 - March 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 $6,720.29 $7,108.50 $4,437.00 $9,814.47 $0.00 $0.00 $28,080.26 $0.00 $28,080.26 $293,070.58
1.1.A.b
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Attachment: fy2021_03hwycityra (3394 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2100362 and 2100362A
Issue Date: April 22, 2022
Fiscal Year: 2021-2022
Collection Period: March 01, 2022 - March 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 $27,910.70 $216,569.04
1 of 1
1.1.A.c
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Attachment: rmra_cities_remit_2021_apr22 (3394 : State of California)
1.1.B.a
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Attachment: CCATT (3415 : CCATT Holdings)
1.1.C.a
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Attachment: T-MOBILE (3419 : T-MOBILE)
1.1.D.a
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Attachment: Waste Management (3416 : Waste Management)
1.1.D.a
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Attachment: Waste Management (3416 : Waste Management)
1.1.E.a
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Attachment: Bertolotti (3418 : Bertolotti)
1.1.E.a
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Attachment: Bertolotti (3418 : Bertolotti)
1.1.F.a
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Attachment: Gilton (3417 : Gilton Solid Waste Management, Inc.)
1.1.F.a
Packet Pg. 40
Attachment: Gilton (3417 : Gilton Solid Waste Management, Inc.)
1.1.G.a
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Attachment: PG&E_Franchise Payment (3396 : PG&E Franchise Statements)
1.1.G.a
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Attachment: PG&E_Franchise Payment (3396 : PG&E Franchise Statements)
1.1.G.a
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Attachment: PG&E_Franchise Payment (3396 : PG&E Franchise Statements)
1.1.G.a
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Attachment: PG&E_Franchise Payment (3396 : PG&E Franchise Statements) Invoice
Date
4/25/2022
Invoice #
71 Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Review and draft revisions to Azevedo PSA, send to
client.
3/30/2022 THT 295.00 368.75 1.25
Meet with client to discuss sign permit, eminent
domain appraisal and required documentation for
same; attend council goal setting workshop.
3/31/2022 THT 295.00 1,032.50 3.5
Review and revise freestanding sign undertaking
agreement, review pylon sign agreement and
assignment of same, discuss City’s approach with
client; draft further changes.
4/5/2022 THT 295.00 811.25 2.75
Call from client regarding claim against city, process
for same.
4/6/2022 THT 295.00 147.50 0.5
Call to client, discuss 2x2 committee meeting,
upcoming assessment study, follow up on sign permit
assignment and assumption.
4/7/2022 THT 295.00 221.25 0.75
Review and advise regarding ADU issue; research
regarding impact and connection fee limits, review
and advise regarding PRA request.
4/11/2022 THT 295.00 885.00 3
Review agenda items, advise staff on agenda items,
prepare for and attend City council meeting and
closed session.
4/12/2022 THT 295.00 1,327.50 4.5
Review and revise fee agreement with Neumiller and
Beardslee, discuss with Dan Schroeder.
4/12/2022 THT 295.00 295.00 1
Follow up on agenda items, calls regarding
assignment of DA and need for assignment to
property owner, discuss claim against city and
response to same, outline the process for staff and
discuss next steps.
4/13/2022 THT 295.00 590.00 2
Numerous emails, calls regarding assignment
agreement (Miller/Ruiz); work on draft of assignment
and assumption agreement.
4/20/2022 THT 295.00 811.25 2.75
Work on draft Assignment and Assumption
agreement for Miller/Ruiz transfer; discuss with Ken,
review title report for vesting.
4/21/2022 THT 295.00 737.50 2.5
$7,227.50
1.2.A.a
Packet Pg. 45
Attachment: City Invoices (3413 : Law Office of Thomas H. Terpstra) Invoice
Date
4/25/2022
Invoice #
72 Bill To
City of Ripon - Police Dept.
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
4/11/2022 THT Review and advise regarding Grand Jury questions. 0.75 295.00 221.25 Work on response to Grand Jury request, exchange
drafts with client; research regarding permissible
scope of Grand Jury inquiry.
4/12/2022 THT 295.00 663.75 2.25
$885.00
1.2.A.a
Packet Pg. 46
Attachment: City Invoices (3413 : Law Office of Thomas H. Terpstra) Invoice
Date
4/25/2022
Invoice #
73 Bill To
City of Ripon - 2020 Fire Tax
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-219
Total
Date Attorney Description Rate Hours Amount
Review and discuss first draft of consultant’s report
with client.
4/18/2022 THT 295.00 368.75 1.25
Review, draft comments, meet with client and
consultant on draft report, discuss proposed revisions
to same.
4/19/2022 THT 295.00 663.75 2.25
4/20/2022 THT Review and draft revisions to client email. 0.5 295.00 147.50 Review presentation slides, attend meeting with
consultant re same.
4/21/2022 THT 295.00 663.75 2.25
Confer with client, revise slides for presentation,
attend meeting of 2x2 committee, follow up on
meeting and next steps with client.
4/25/2022 THT 295.00 737.50 2.5
$2,581.25
1.2.A.a
Packet Pg. 47
Attachment: City Invoices (3413 : Law Office of Thomas H. Terpstra) Invoice
Date
4/25/2022
Invoice #
75 Bill To
City of Ripon - Bethany Home
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-224
Total
Date Attorney Description Rate Hours Amount
Confer with client, emails, calls to and from Simpson
regarding approach to historic resources impacts,
mitigation measures.
4/25/2022 THT 425.00 425.00 1
$425.00
1.2.A.a
Packet Pg. 48
Attachment: City Invoices (3413 : Law Office of Thomas H. Terpstra) Invoice
Date
4/25/2022
Invoice #
76 Bill To
City of Ripon - PERB Action
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-401
Total
Date Attorney Description Rate Hours Amount
Review file and send relevant materials to
co-counsel, draft email to co-counsel.
3/28/2022 THT 295.00 885.00 3
Send docs to co-counsel along with summary of
issues.
3/30/2022 THT 295.00 442.50 1.5
Conference call with client, Caves, Dungy, send docs
to Dungy, email to opposing counsel.
4/4/2022 THT 295.00 516.25 1.75
Numerous calls to and from opposing counsel, PERB
staff, send new language for Union attorney, respond
to call and emails.
4/6/2022 THT 295.00 590.00 2
Draft and send response to OE 3 attorney, confer
with client re same.
4/11/2022 THT 295.00 295.00 1
Emails, calls to Gage, Palma regarding settlement
proposal.
4/13/2022 THT 295.00 147.50 0.5
Meet with client, calls to and from client, Dungy,
emails to and from Palma regarding settlement terms.
4/19/2022 THT 295.00 368.75 1.25
4/20/2022 THT Emails, calls to and from client, Palma. 0.5 295.00 147.50 Calls, emails to and from Palma, discuss settlement
options with client.
4/21/2022 THT 295.00 368.75 1.25
Numerous calls, emails, draft new language for
settlement, confer with client prior to PERB-ordered
mediation session, attend mediation with PERB
mediator, OE3 and City staff, follow up on same.
4/25/2022 THT 295.00 1,327.50 4.5
4/25/2022 Boutin Jones Inc.'s Invoice Number 149534 114.00 114.00 $5,202.75
1.2.A.a
Packet Pg. 49
Attachment: City Invoices (3413 : Law Office of Thomas H. Terpstra) Name City of Ripon Invoice No. 104582
Address 259 N Wilma Avenue Invoice Date: 05-03-22
City Ripon CA Zip 95366 PO No.
Period of Service:
ATTN: July 1, 2021 - June 30, 2022
Price
TOTAL $22,200.00
MUNIS Revenue Acct: 5012-813-430402-100-120-40-50-000-000 MUNIS Charge Code: 50402
HTE Revenue Acct: 041-3544-339-41-03 CL2007
Customer Account: 80600/92839 / MUNIS C# 129413
Prepared by: L Farrar
Invoice is due and payable upon receipt.
Mail remittance to City of Stockton, 605 N. ElDorado Street, Stockton CA 95202 For questions regarding this invoice, please contact Anne St. George 209-937-8154 or [email protected] or Lynne Farrar 209-937-8958 [email protected]
per week
Annual operating costs to provide 5 additional hours of Library service $22,200.00
COMMUNITY SERVICES DEPARTMENT
STOCKTON-SAN JOAQUIN COUNTY PUBLIC LIBRARY
605 N. El Dorado Street ● Stockton, CA 95202-1907 ● 209-937-8206 www.stocktongov.com
Jane Kilgore
Description
INVOICE
Office Use
1.2.B.a
Packet Pg. 50
Attachment: FY21-22 Budget Request - Ripon 05-06-21 (2670 : City of Stockton)
1.2.B.a
Packet Pg. 51
Attachment: FY21-22 Budget Request - Ripon 05-06-21 (2670 : City of Stockton)
1.2.C.a
Packet Pg. 52
Attachment: Caves & Associates (3429 : Caves & Associates)
1.2.D.a
Packet Pg. 53
Attachment: SSJGSA Q1-22 (3408 : South San Joaquin Groundwater Sustainability Agency) General Ledger
Summary Trial Balance
User: jminton
Printed: 04/12/2022 - 11:01AM
Period: 01 to 03, 2022
Fund 60 SSJGSA
EXPENSE
Dept 010
60-010-6301-00 General Materials 0.00
60-010-6304-00 Postage 0.00
60-010-6401-00 Outside Services 0.00
60-010-6406-00 Legal Expense 10,530.00
60-010-6408-00 Consulting Fees 4,787.50
60-010-6412-00 Publication Costs 0.00
60-010-6413-00 Recording Fees 0.00
60-010-6414-00 Banking Fees 618.32
60-010-6550-00 Taxes, Licenses & Permits 0.00
60-010-6702-00 Membership Fees & Dues 0.00
60-010-6703-00 Travel Expenses 0.00
60-010-6704-00 Public Relations 0.00
60-010-6820-00 SSJID Expense Reimbursements 27,918.14
60-010 EXPENSE Totals:
Totals: 43,853.96
GL-Summary Trial Balance (4/12/2022 - 11:01 AM) Page 1
SSJID 37,275.87 85%
CITY OF RIPON 4,385.40 10%
CITY OF ESCALON 2,192.70 5%
TOTAL 43,853.96
1.2.D.a
Packet Pg. 54
Attachment: SSJGSA Q1-22 (3408 : South San Joaquin Groundwater Sustainability Agency)
1.2.E.a
Packet Pg. 55
Attachment: Invoice 52168_Harris & Associates (3421 : Harris & Associates)
1.2.F.a
Packet Pg. 56
Attachment: Invoice AR113032_SJRTD (3399 : SJRTD)
1.2.F.b
Packet Pg. 57
Attachment: Invoice AR113058_SJRTD (3399 : SJRTD)
1.2.G.a
Packet Pg. 58
Attachment: SKW & Associates (3430 : SKW & Associates)
1.2.I.a
Packet Pg. 59
Attachment: Invoice 14_D.A. Wood Construction, Inc (3400 : D.A. Wood Construction, Inc.)
1.2.J.a
Packet Pg. 60
Attachment: Invoice 6_Soracco, Inc (3401 : Soracco, Inc.)
INVOICE
Adjusted on 4/25/2022
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: TG64166A
Original Invoice: TG64166
Terracon Consultants, Inc.
PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:
To:
NA211125
$31,015.00
$29,734.00
4/25/2022
4/16/2022
Project Number:
Contract Amount:
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 Previous Items
TASK: Soils (PW)
3/24/22 NA211125.0047 AC/Soil Inspector w/Nuclear Gauge 4.00 $98.00 $392.00 3/24/22 NA211125.0047 PM/PE Review/Admin Support 1.00 $75.00 $75.00 3/24/22 NA211125.0047 Trip Charge (ea) 1.00 $45.00 $45.00 3/25/22 NA211125.0048 AC/Soil Inspector w/Nuclear Gauge 8.00 $98.00 $784.00 3/25/22 NA211125.0048 PM/PE Review/Admin Support 1.00 $75.00 $75.00 3/25/22 NA211125.0048 Trip Charge (ea) 1.00 $45.00 $45.00 3/29/22 NA211125.0051 AC/Soil Inspector w/Nuclear Gauge 8.00 $98.00 $784.00 3/29/22 NA211125.0051 PM/PE Review/Admin Support 1.00 $75.00 $75.00 3/29/22 NA211125.0051 Trip Charge (ea) 1.00 $45.00 $45.00 3/30/22 NA211125.0052 AC/Soil Inspector w/Nuclear Gauge 8.00 $98.00 $784.00 3/30/22 NA211125.0052 PM/PE Review/Admin Support 1.00 $75.00 $75.00 3/30/22 NA211125.0052 Trip Charge (ea) 1.00 $45.00 $45.00 3/31/22 NA211125.0053 AC/Soil Inspector w/Nuclear Gauge 8.00 $98.00 $784.00 3/31/22 NA211125.0053 PM/PE Review/Admin Support 1.00 $75.00 $75.00 3/31/22 NA211125.0053 Trip Charge (ea) 1.00 $45.00 $45.00 4/1/22 NA211125.0054 AC/Soil Inspector w/Nuclear Gauge 8.00 $98.00 $784.00 4/1/22 NA211125.0054 PM/PE Review/Admin Support 1.00 $75.00 $75.00 4/1/22 NA211125.0054 Trip Charge (ea) 1.00 $45.00 $45.00 4/4/22 NA211125.0055 AC/Soil Inspector w/Nuclear Gauge 8.00 $98.00 $784.00 4/4/22 NA211125.0055 PM/PE Review/Admin Support 1.00 $75.00 $75.00 4/4/22 NA211125.0055 Trip Charge (ea) 1.00 $45.00 $45.00 4/5/22 NA211125.0056 AC/Soil Inspector w/Nuclear Gauge 8.00 $98.00 $784.00 4/5/22 NA211125.0056 PM/PE Review/Admin Support 1.00 $75.00 $75.00 4/5/22 NA211125.0056 Trip Charge (ea) 1.00 $45.00 $45.00 4/6/22 NA211125.0057 AC/Soil Inspector w/Nuclear Gauge 8.00 $98.00 $784.00 4/6/22 NA211125.0057 PM/PE Review/Admin Support 1.00 $75.00 $75.00 TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 4/25/2022 Page 1 of 2 Client #396776
1.2.K.a
Packet Pg. 61
Attachment: Invoice TG64166A_Terracon-SC Approved (3405 : Terracon Consultants, Inc.)
INVOICE
Adjusted on 4/25/2022
Invoice No.:
Project No.:
Project:
TG64166A
NA211125
Stockton Avenue Rehabilitation
Project
800 S Stockton Ave
Ripon, CA 95366
Project Mgr: George Ogas
Date Report Description of Services Quantity Rate Total Continued
Previous Items
TASK: Soils (PW)
4/6/22 NA211125.0057 Trip Charge (ea) 1.00 $45.00 $45.00 Task Total $7,744.00
Previous Items Total $7,744.00
Adjustment Items
TASK: Soils (PW)
3/24/22 NA211125.0047 AC/Soil Inspector w/Nuclear Gauge -2.00 $98.00 $(196.00) Task Total $(196.00)
Adjustment Items Total $(196.00)
Invoice Total $7,548.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 4/25/2022 Page 2 of 2 Client #396776
1.2.K.a
Packet Pg. 62
Attachment: Invoice TG64166A_Terracon-SC Approved (3405 : Terracon Consultants, Inc.)
1.2.L.a
Packet Pg. 63
Attachment: Invoice 26665_WGR Southwest, Inc-SC Approved (3406 : WGR Southwest, Inc.) Invoice
Date
4/15/2022
Invoice #
944
Bill To
City of Ripon
Sarah Collins,P.E.
259 N. Wilma Avenue
Ripon, CA 95366
Shoreline Environmental Engineering
Project
Well No. 19 Pump Station & Site Design
Phone #
916 806 3970
E-mail
[email protected]
Total
3152 Noblecrest Lane
Cameron Park, CA 95682
Item Description of Services Qty Rate Amount
Rebar submittal review by structural engineering sub per City authorization on 12/9/21.
Civil Engineering 550.00 550.00
$550.00
1.2.M.a
Packet Pg. 64
Attachment: Invoice 944_Shoreline Environmental Engineering (3414 : Shoreline Environmental Engineering) Invoice
Date
4/3/2022
Invoice #
945
Bill To
City of Ripon
Sarah Collins,P.E.
259 N. Wilma Avenue
Ripon, CA 95366
Shoreline Environmental Engineering
Project
Well No. 19 Pump Station & Site Design
Phone #
916 806 3970
E-mail
[email protected]
Total
3152 Noblecrest Lane
Cameron Park, CA 95682
Item Description of Services Qty Rate Amount
MCR Conformed drawings and CM coordination (See
attached)
Civil Engineering 924.00 924.00
$924.00
1.2.M.b
Packet Pg. 65
Attachment: Invoice 945_Shoreline Environmental Engineering (3414 : Shoreline Environmental Engineering)
1.2.N.a
Packet Pg. 66
Attachment: Invoice 0076455_Tesco Controls, Inc (3426 : Tesco Controls, Inc.)
1.2.N.a
Packet Pg. 67
Attachment: Invoice 0076455_Tesco Controls, Inc (3426 : Tesco Controls, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 05/10/2022
Subject: Quarterly Investment Report Review
RECOMMENDED ACTION:
Accept the City’s quarterly investment report for the period ending March 31, 2022.
BACKGROUND:
The following report is the City’s quarterly investment report for the period ending March 31, 2022. This report summarizes the City’s investment policy that was adopted by the Council in 1996 and amended in 2003, shows the average interest rate for the last 12 months, and lists individual investments with their balances and interest rates as of the end of the year. The interest rates that are shown on the report are for the 12 month period or quarter then ended.
The City maintains money in both shorter-term daily liquidity investments, such as LAIF, and longer-term investments held at the Bank of New York. The LAIF investment allows the City to earn interest, which is normally lower than the interest from longer-term investments, while the funds remain liquid and can quickly be transferred from time to time to cover operational costs of the City throughout the year. The investments held at The Bank of New York have longer durations, as such, our goal is to not access the funds for liquidity purposes. It is not uncommon during federal tightening cycles for money market funds and pools similar to LAIF to have yields that surpass longer duration portfolios such as the investments held at the Bank of New York. Nevertheless, this occurrence is typically transitory in nature and although market dependent, we expect the longer-term investments to eventually pass the LAIF yield in the near future.
Attachments:
1. Investment report for Council 03.2022
1.3.A
Packet Pg. 68
1 $32,569,795
2 $25,941,799
Ratings
Investments: Agency 26.7% AA+
US Corporate 27.2% A+
US Treasury 22.9% AA+
Money Market Fund 0.6% AAA
ABS 12.3% AAA
Supranational 4.4% AAA
Muni Bonds 0.9% AA‐
CMO 5.0% AAA
3 369,744
4 239
1 This quarterly review complies with all of the elements required by California Government Code Section 53646(b).
CITY OF RIPON
Investment Policy
Quarterly Report
January 01, 2022 ‐ March 31, 2022
The City of Ripon’s investment policy was adopted by Resolution 96‐63 on June 18, 1996 and it has been amended by Resolution 03‐68 on August 19, 2003. This policy provides for the legislative body of a local agency to invest all money belonging to or in the custody of the local agency in accordance with the provisions of California Government Code Sections 5922, 53601 et seq., and 53635.
Based upon the Treasurer’s report, the entire investment of the City of Ripon is in FULL COMPLIANCE with the 2003 City of Ripon Investment Policy and the California Government Code.
As of March 31, 2022, the City’s average interest rate for the last 12 months is 0.66%.
At the end of March 2022, City funds are held in the following investments as listed:
INVESTMENTS
State Treasurer ‐ LAIF ‐ (fair value basis 1.0)
Water revenue bonds ‐ 2006
CSJVRMA Pool ‐ fair value
Bank of New York (book value ‐ $26,364,894)
Interest rate 1.18% at 03/31/22
U S Treasury ‐ (fair value basis 1.0)
Interest rate 0.32% at 03/31/22
Interest rate 0.00% at 03/31/22
Bank of Stockton
U S Treasury ‐ (fair value basis 1.0)
Interest rate 0.01% at 03/31/22
U S Bank
Water revenue bonds ‐ 2012
1.3.A.a
Packet Pg. 69
Attachment: Investment report for Council 03.2022 (3397 : Quarterly Investment Report Review) Investment Report
March 31, 2022
5 1
Total Investments $58,881,579
Lisa Roos
Respectfully Submitted,
Lisa Roos
City Clerk/Finance Director
U S Treasury ‐ (fair value basis 1.0)
Interest rate 0.00% at 03/31/22
U S Bank
Redevelopment agency 2020 tax allocation bonds
This report certifies that all investment actions executed prior to this report have been made in full C:\Users\lroos\Documents\Investment Reports\Investment report for Council.xlsx ‐ 2022.03.31
1.3.A.a
Packet Pg. 70
Attachment: Investment report for Council 03.2022 (3397 : Quarterly Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Lieutenant
Date: 05/10/2022
Subject: Service Agreement - Jocelyn E. Roland, Ph.D
RECOMMENDED ACTION: Approve and authorize the Mayor to sign the agreement with Jocelyn E. Roland, Ph.D. for psychological services for the Police Department in the amount of $6,000 (funding source: General Fund).
BACKGROUND: This is an annual contract renewal that makes psychological services available to police department staff.
FISCAL IMPACT: $6,000 annually funded by the General Fund.
Attachments:
1. Dr. Roland Ripon contract 2022-2023
1.3.B
Packet Pg. 71
JOCELYN E. ROLAND, PH.D., ABPP
BOARD CERTIFIED IN POLICE AND PUBLIC SAFETY PSYCHOLOGY
Psychologist PSY#13998
2937 Veneman Avenue, Suite B-125
Modesto, CA 95356
Telephone: (209) 521-8400
Fax: 1(888)727-7573
Email: [email protected]
Website: www.jocelynrolandphd.com
INDEPENDENT CONTRACTOR SERVICES AGREEMENT
THIS AGREEMENT is entered into this first day of July 1, 2022, by JOCELYN E. ROLAND, Ph.D., ABPP, PSYCHOLOGIST, hereinafter referred to as the "CONTRACTOR", and the CITY OF RIPON, a municipal corporation of the State of California, hereinafter referred to as the "AGENCY".
NOW THEREFORE, the AGENCY hereby engages the services of the CONTRACTOR, and in consideration of the mutual promises and covenants herein contained, the parties agree as follows:
TERM
This agreement shall be for the period of twelve months, commencing on July 1, 2022, and ending on June 30, 2023, or upon sooner termination as herein provided.
Either party may terminate this agreement by giving thirty (30) days written notice to the other party.
SERVICES
CONTRACTOR agrees to provide counseling/psychotherapy to all sworn officers, community service officers and dispatchers of the AGENCY at no cost to the covered employee.
Free counseling services will be provided to dependents (spouses or significant others and minor children) to a maximum of three (3) sessions following which they may be referred to another suitable provider. In the event that the maximum is reached, any additional cost shall be assumed by the employee. This agreement does not cover employees who, for any reason, are not currently or actively working their regularly assigned duties nor does it cover Reserves. It does not cover mental health services outside of the expertise of the CONTRACTOR (i.e., medication prescription, inpatient, substance abuse treatment, etc.)
In the performance of this Agreement any third persons employed by the CONTRACTOR shall be entirely and exclusively under the direction, supervision, and control of the CONTRACTOR.
All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirements of law shall be determined by the CONTRACTOR.
CONTRACTOR is available 24-hours a day as a psychology field consultant for consultation and advice regarding hostage/barricade events.
CONTRACTOR is available 24-hours a day for Crisis Debriefing of critical incidents upon the request of the Watch Commander or higher-ranking Command personnel.
1.3.B.a
Packet Pg. 72
Attachment: Dr. Roland Ripon contract 2022-2023 (3404 : Service Agreement - Jocelyn E. Roland, Ph.D) -2-
CONTRACTOR shall provide consultation to Investigative Services and Administration as requested.
Contractor is available to provide training day presentations, schedule permitting.
Pre-Employment Psychological Screenings: CONTRACTOR shall provide pre-employment psychological evaluations of applicants for all of the AGENCY’S regular sworn police officers, community service officers and dispatchers, including reserve police officers as requested by the Agency. The screening for all applicants will meet any requirements developed by the California Commission of Peace Officer Standards and Training (POST) and the CONTRACTOR will continue to meet the standards of Government Code section 1031(f). When an evaluation is provided it will include a written report to the AGENCY with relevant background information, methods utilized, psychological test results and interpretations and a specific recommendation regarding the applicant’s suitability to be a sworn police officer, community service officer or dispatcher. The focus of the evaluation will be to assess job relevant psychopathology screening out candidates consistent with the demands of the evaluation set forth by POST and Government Code Section 1031(f).
FEE
AGENCY will pay CONTRACTOR Six Thousand Dollars ($6,000.00) for the term of this Agreement. AGENCY will reimburse CONTRACTOR within 30 days from the billing date.
Agency will pay Contractor $475.00 per Pre-Employment Evaluation (PPE). PPE’s that are not canceled within two (2) business days of the scheduled appointment and “no-shows” for appointments will be billed at the regular rate. This includes “Hold” appointments that are not released within two (2) business days.
INSURANCE REQUIREMENTS
CONTRACTOR shall, at her own expense, obtain and maintain in effect at all times during the life of this Agreement, general liability, including professional malpractice, insurance with combined single limits of $1,000,000. All CONTRACTOR’S policies shall contain an endorsement that written notice shall be given to AGENCY at least thirty (30) days prior to termination, cancellation, or reduction of coverage in the policy or policies.
INDEMNIFICATION
CONTRACTOR shall defend, indemnify, and hold the City of Ripon, its council members, officers, agents, and employees harmless from all claims, demands, suits, loss, damages, injury and liability, direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any negligent acts, errors or omissions of CONTRACTOR, her agents or employees, or any of them, under or in connection with this Agreement. AGENCY shall be solely liable for negligent or wrongful acts or omissions of its representatives and employees occurring in the performance of this Agreement. If either party becomes liable for damages caused by such party's solely negligent or wrongful acts or omissions, the negligent party shall pay such damages without contribution from the other party.
NO EMPLOYER-EMPLOYEE RELATIONSHIP
No relationship of employer or employee is created by this agreement. It is understood that CONTRACTOR will act hereunder as an independent contractor and shall have no claim number
1.3.B.a
Packet Pg. 73
Attachment: Dr. Roland Ripon contract 2022-2023 (3404 : Service Agreement - Jocelyn E. Roland, Ph.D) -3-
under this Agreement or otherwise against the AGENCY or the City of Ripon for vacation with pay, sick leave, retirement, medical, dental, social security, workers' compensation, disability or unemployment insurance benefits or employee benefits of any kind. The parties agree that the CONTRACTOR will not be treated as an employee for federal or state tax purposes.
GOVERNING LAW
The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California.
NO REPORTS OR EVALUATIONS
CONTRACTOR agrees that she will not conduct independent evaluations or prepare forensic psychological reports for the sole purpose of advocating a disability retirement or workers' compensation claim to clients covered by this Agreement. CONTRACTOR is free to provide assistance to counseling/therapy clients covered by this Agreement who might incidentally assert a workers' compensation claim or disability retirement, as requested or required through forms submitted to CONTRACTOR by clients, when appropriate, and to provide a copy of treatment records or subpoenaed testimony upon the consent of clients or as required by law.
Executed at Modesto, California on the day and year first written above.
CITY OF RIPON,
a municipal corporation CONTRACTOR:
by
Dean Uecker, Mayor Jocelyn E., Roland, Ph.D., ABPP
Tax ID#20-3718422
____________________________ _______________________________ Date Date
APPROVED AS TO FORM:
by
Tom Terpstra,
City Attorney Date
1.3.B.a
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Attachment: Dr. Roland Ripon contract 2022-2023 (3404 : Service Agreement - Jocelyn E. Roland, Ph.D) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 05/10/2022
Subject: Audit Engagement Letters
RECOMMENDED ACTION:
Approve and authorize the Mayor and City Administrator to sign the engagement letters with Price Paige & Company to perform the annual audits of the City of Ripon Financial Statements and the Money Purchase Thrift Pension Plan for the year ending June 30, 2022 in the amount of $57,386.00.
BACKGROUND:
Price Paige & Company of Clovis, CA, has been performing the annual audits of the City of Ripon Financial Statements and the Money Purchase Thrift Pension Plan since fiscal year ended June 30, 2015. Staff would like to maintain their auditing services for the fiscal year ending June 30, 2022. The attached engagement letters are for the audits of the City Financial Statement, including filing of required State Controller Reports, and the Money Purchase Thrift Pension Plan. Proposed costs for fiscal year ending June 30, 2022 compared to fiscal year ending June 30, 2021 are in Table 1 below. There is no proposed increase for FYE 6/30/2022, however, there was 4% increase in the prior year.
Table 1:
FYE 6/30/2022 FYE 6/30/2021 Percent Increase
Annual Financial Statement Audit $35,308 $35,308
Single Audit Report $5,460 $5,460
State Controller’s Report - City $4,160 $4,160
State Controller’s Report – Transit $764 $764
State Controller’s Report – Sewer $764 $764
State Controller’s Report – Streets $2,142 $2,142
Total $48,598 $48,598
Money Purchase Thrift Pension Plan Audit $8,788 $8,788
GRAND TOTAL $57,386 $57,386 0%
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Attachments:
1. RIPON Audit Engagement Letter SA 2022
2. RIPON Pension Audit Engagement Letter 2022
1.3.C
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May 4, 2022
Dean Uecker, Mayor
Kevin Werner, City Administrator
City of Ripon
259 N. Wilma Avenue
Ripon, California 95366
We are pleased to confirm our understanding of the services we are to provide for the City of Ripon, California (the “City”) for the year ending June 30, 2022.
Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, including the disclosures, which collectively comprise the basic financial statements, of the City as of and for the year ending June 30, 2022. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited:
1) Management’s Discussion and Analysis.
We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a report combined with our auditor’s report on the financial statements. 1) Schedule of expenditures of federal awards.
2) Combining and Individual Fund Statements
The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor’s report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with the modified cash basis of accounting, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of
1.3.C.a
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Attachment: RIPON Audit Engagement Letter SA 2022 (3427 : Audit Engagement Letters) May 4, 2022
assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on:
Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).
Auditor’s Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit.
We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.
We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.
We have identified the following significant risks of material misstatement as part of our audit planning:
1. Management Override of Controls
2. Improper Revenue Recognition Due to Fraud
Our audit of the financial statements does not relieve you of your responsibilities.
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Attachment: RIPON Audit Engagement Letter SA 2022 (3427 : Audit Engagement Letters) May 4, 2022
Audit Procedures—Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.
As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City’s compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City’s major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on the City’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.
Other Services
We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the City in conformity with the modified cash basis of accounting and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.
You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.
Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls
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Attachment: RIPON Audit Engagement Letter SA 2022 (3427 : Audit Engagement Letters) May 4, 2022
over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America; and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.
You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters.
Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that we report.
Additionally, as required by the Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan.
You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.
You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with the modified cash basis of accounting. You agree to include our report on the supplementary
1.3.C.a
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Attachment: RIPON Audit Engagement Letter SA 2022 (3427 : Audit Engagement Letters) May 4, 2022
information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with the modified cash basis of accounting; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with the modified cash basis of accounting; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information.
Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the City, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the City may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.
You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.
With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations and we request and will locate any documents selected by us for testing.
We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel. We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If, for whatever reason, your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate.
At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor’s reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor’s reports or nine months after the end of the audit period.
We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.
1.3.C.a
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Attachment: RIPON Audit Engagement Letter SA 2022 (3427 : Audit Engagement Letters) May 4, 2022
The audit documentation for this engagement is the property of Price Paige & Company and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to your cognizant agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Price Paige & Company personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.
The audit documentation for this engagement will be retained for a minimum of seven years after the report release date.
Fausto Hinojosa, CPA, CFE is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.
Our fees for the City’s fiscal year ending June 30, 2022 are as follows:
Annual Financial Statement Audit $ 35,308
Single Audit Report (if required) * 5,460
Preparation of SCO Report – City 4,160
Preparation of SCO Report – Transit 764
Preparation of SCO Report – Sewer 764
Preparation of SCO Report – Streets 2,142
Total $ 48,598
* The fee estimate for the single audit is for one major program. If there is more than one major program, there will be an additional fee of $5,000 for each program.
Our fee estimates are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you before we incur the additional costs. Our fees for these services will be billed at the hourly billing rates for the individual involved, plus out-of-pocket expenses. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. We will issue a monthly billing statement for the work completed in that month. Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred.
If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.
All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE
EVENT OF A DISPUTE OVER FEES CHARGED BY THE ACCOUNTANT, EACH OF US IS GIVING UP THE RIGHT
TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.
Reporting
We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the Honorable Mayor and City Council of the City of Ripon. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form
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Attachment: RIPON Audit Engagement Letter SA 2022 (3427 : Audit Engagement Letters) May 4, 2022
or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.
The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose.
We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please return a signed copy to us via email or regular mail at your earliest convenience.
Very truly yours,
Fausto Hinojosa, CPA, CFE
Price Paige & Company
- - - - -
RESPONSE:
This letter correctly sets forth the understanding of the the City of Ripon, California.
Management Signature Title Date
Governance Signature Title Date
1.3.C.a
Packet Pg. 83
Attachment: RIPON Audit Engagement Letter SA 2022 (3427 : Audit Engagement Letters) May 4, 2022
Dean Uecker, Mayor
Kevin Werner, City Administrator
City of Ripon
259 N. Wilma Avenue
Ripon, California 95366
Audit Scope and Objectives
We will audit the financial statements, and the disclosures, which collectively comprise the basic financial statements of the City of Ripon Money Purchase Thrift Pension Plan (the “Plan”) as of and for the year ending June 30, 2022 Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the Plan’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the Plan’s RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited:
1) Management’s Discussion and Analysis
The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor’s report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP; and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements.
Auditor’s Responsibilities for the Audit of the Financial Statements We will conduct our audit in accordance with GAAS and will include tests of your accounting records and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS, we exercise professional judgment and maintain professional skepticism throughout the audit.
We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.
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Attachment: RIPON Pension Audit Engagement Letter 2022 (3427 : Audit Engagement Letters) May 4, 2022
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.
We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement.
Our audit of the financial statements does not relieve you of your responsibilities.
Audit Procedures—Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control.
An audit is not designed to provide assurance on internal control or to identify deficiencies in internal control. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards.
We have identified the following significant risks of material misstatement as part of our audit planning:
Management Override of Controls
Improper Revenue Recognition Due to Fraud
Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Plan’s compliance with the provisions of applicable laws, regulations, contracts, and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion.
Other Services
We will also assist in preparing the financial statements of the Plan in conformity with accounting principles generally accepted in the United States of America based on information provided by you. We will also prepare and submit the State Controller’s Report for the City of Ripon Money Purchase Thrift Pension Plan.
We will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.
You agree to assume all management responsibilities for the financial statement preparation services and any other nonattest services we provide; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them.
Responsibilities of Management for the Financial Statements Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, and maintaining internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including monitoring ongoing activities; for the selection and application of accounting principles; and for the preparation and fair presentation of the financial statements in conformity with accounting principles generally accepted in the United States of America with the oversight of those charged with governance.
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Attachment: RIPON Pension Audit Engagement Letter 2022 (3427 : Audit Engagement Letters) May 4, 2022
Management is responsible for making drafts of financial statements, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose of the audit; and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters.
Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws and regulations.
Electronic Data Communication and Storage and Use of Third-Party Service Provider In the interest of facilitating our services to the Plan, we may communicate by facsimile transmission, send data over the Internet, store electronic data via computer software applications hosted remotely on the Internet, or allow access to data through third-party vendors’ secured portals or clouds. Electronic data that is confidential to the Plan may be transmitted or stored using these methods. We may use third-party service providers to store or transmit this data, such as providers of tax return preparation and document management software. In using these data communication and storage methods, our firm employs measures designed to maintain data security. We use reasonable efforts to keep such communications and data access secure in accordance with our obligations under applicable laws and professional standards. We also require all of our third-party vendors to do the same.
You recognize and accept that we have no control over the unauthorized interception or breach of any communications or data once it has been sent or has been subject to unauthorized access, notwithstanding all reasonable security measures employed by us or our third-party vendors, and consent to our use of these electronic devices and applications and submission of confidential client information to third-party service providers during this engagement.
With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing.
We will schedule the engagement based in part on deadlines, working conditions, and the availability of your key personnel.
We will plan the engagement based on the assumption that your personnel will cooperate and provide assistance by performing tasks such as preparing requested schedules, retrieving supporting documents, and preparing confirmations. If, for whatever reason, your personnel are unavailable to provide the necessary assistance in a timely manner, it may substantially increase the work we have to do to complete the engagement within the established deadlines, resulting in an increase in fees over our original fee estimate.
The audit documentation for this engagement is the property of Price Paige & Company and constitutes confidential information.
However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to your cognizant agency or its designee. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Price Paige & Company personnel.
Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties or its designee. The parties or its designee may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies.
The audit documentation for these engagements will be retained for a minimum of seven years after the report release date.
Fausto Hinojosa, CPA, CFE is the engagement partner and is responsible for supervising the engagement and signing the report or authorizing another individual to sign it.
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Attachment: RIPON Pension Audit Engagement Letter 2022 (3427 : Audit Engagement Letters) May 4, 2022
Our fee for the June 30, 2022 audit of the City of Ripon Money Purchase Pension Plan is not expected to exceed $8,788. This fee estimate is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you before we incur the additional costs. Our fees for these services will be billed at the hourly billing rates for the individual involved, plus out-ofpocket expenses. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. We will issue a monthly billing statement for the work completed in that month.
Payments for services are due when rendered and interim billings may be submitted as work progresses and expenses are incurred.
If any dispute pertaining to our work product arises among the parties hereto, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be shared equally by all parties.
All work will be suspended if your account becomes 90 days past due. No work will be resumed until your account is fully paid. You acknowledge and agree that in the event we stop work or withdraw from this engagement as a result of your failure to pay on a timely basis for services rendered as required by this engagement letter, we shall not be liable for any damages that occur as a result of our ceasing to render services. Client and accountant both agree that any dispute over fees charged by the accountant to the client will be submitted for resolution by arbitration in accordance with the Rules for Professional Accounting and Related Services Disputes of the American Arbitration Association. Such arbitration shall be binding and final. IN AGREEING TO ARBITRATION, WE BOTH ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE OVER FEES
CHARGED BY THE ACCOUNTANT, EACH OF US IS GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A
COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD WE ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION.
Reporting
We will issue a written report upon completion of our audit of the Plan’s financial statements. Our report will be addressed to the Honorable Mayor and City Council of the of the City of Ripon Money Purchase Thrift Pension Plan. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasisof-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or withdraw from this engagement.
We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please return a signed copy to us via email or regular mail at your earliest convenience.
Very truly yours,
Fausto Hinojosa, CPA, CFE
Price Paige & Company
- - - - -
RESPONSE:
This letter correctly sets forth the understanding of the City of Ripon Money Purchase Thrift Pension Plan.
Management Signature Title Date
Mayor Signature Title Date
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Attachment: RIPON Pension Audit Engagement Letter 2022 (3427 : Audit Engagement Letters) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 05/10/2022
Subject: Claim - Mara Salomon
RECOMMENDED ACTION:
The City’s claim administrator has investigated the submitted claim and is recommending the City Council accept the claim.
BACKGROUND:
Mara Salomon submitted a claim to the City of Ripon on June 29, 2021 for damage done to her RV, which was hit by a garbage truck when the RV was parked on Elm Ave. She has submitted a claim for $6,724.60.
DISCUSSION/ANALYSIS:
The City’s claim administrator, Doug Redifer, reviewed the claim submitted along with photos and the City’s internal accident report and found the liability is adverse to the City.
The individual who filed the claim has been communicating with the City’s claim adjuster on the repairs and subsequent costs. This process has taken some time because the vehicle is a recreation vehicle that requires specialized parts. Because the claim amount exceeds the City Administrator’s authority of $5,000, it is being recommended the City Council authorize the payment of this claim.
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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: 05/10/2022
Subject: CNG Station Improvements
RECOMMENDED ACTION:
Approve and authorize the purchase and commission of a dual hose CNG dispenser unit for the CNG Fueling Station from ANGI Energy in the amount of $78,066 (funding source: CNG Station Capital Reserve Fund).
BACKGROUND:
In 2006 the City completed construction of the Compressed Natural Gas (CNG) Fueling Station on Doak Boulevard through a combination of local and federal grant funds. The CNG facility serves many Ripon fleet vehicles in the Public Works Department including the garbage trucks.
CNG fuel is also available to the public and is purchased regularly by Ripon residents and outside businesses and residents in the general area. The facility is also equipped with diesel and regular gasoline pumps that serve City, Police and Fire vehicles exclusively. The CNG fuel is priced competitively and covers the natural gas cost from PG&E, general facility operating expenses and future capital improvements/replacements.
DISCUSSION/ANALYSIS:
The dual hose CNG fueling dispenser unit located at the fueling station was originally installed in 2006 and is in need of replacement. Staff has received a proposal to purchase and commission a new unit compatible with our current control and payment systems directly from the manufacturer ANGI. The delivery for the dispenser unit is 11-13 weeks out and staff is currently obtaining proposals from contractors to perform the removal of the existing unit and installation of the new one. Staff will bring forward the lowest construction installation proposal and request approval from the City Council once received.
FISCAL IMPACT:
The attached proposal from ANGI Energy to purchase and commission a dual hose CNG dispenser unit at a cost of $78,066 to be paid for through the CNG Station Capital Reserve Fund.
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The rates of CNG at the City’s Fueling Station are designed such that a certain amount of the revenue is transferred each year to the CNG Station Capital Reserve Fund for these types of improvements. The current fund balance is $203,000.
Attachments:
1. ANGI PROPOSAL - CNG Fuel Dispenser Replacement
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CONFIDENTIAL
ANGI Contact: Chris Myers – (608) 449-2818 [email protected]
ANGI REFUELING SYSTEM PROPOSAL
ANGI Energy Systems, LLC p 800 955 4626 w angienergy.com e [email protected] P.O. Box 5216 Janesville, WI USA 53547-5216
City of Ripon | Dispenser Replacement | TBD
Proposal Number QS0399770 R2 | May 3, 2022
Attention:
Jake Loogman
City of Ripon
Submitted by email: [email protected]
ANGI Energy Systems – Introduction
ANGI Energy Systems LLC, is a U.S. based manufacturer of Quality Engineered Gas Compression equipment and a leading supplier of Compressed Natural Gas (CNG) Refueling Equipment and Systems. ANGI has a longstanding reputation as a leader and innovator in both the Compression and Natural Gas Vehicle (NGV) Refueling Station industries and has over 30 years of experience providing worldwide clients with high quality products and services.
We Design, Engineer, Manufacture, and Commission a complete line of the safest and most reliable CNG Refueling equipment with the lowest overall life-cycle cost in the industry.
ANGI also provides compression and de-pressurization (decanting) solutions for delivering clean biogas and RNG from water treatment plants, landfills, animal waste facilities, and anaerobic digestion facilities to our customers' sales point, whether that be direct to pipeline or supplying RNG to an NGV fueling facility.
Our goal is to provide superior Customer Service, Project Management, Spare Parts, Maintenance, and Training Programs that can make the difference in the complete success of a project.
Thank you for the opportunity to provide this ANGI Proposal for your equipment and service needs.
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Attachment: ANGI PROPOSAL - CNG Fuel Dispenser Replacement (3382 : CNG Station Improvements)
CONFIDENTIAL
ANGI Contact: Chris Myers – (608) 449-2818 [email protected]
ANGI REFUELING SYSTEM PROPOSAL
ANGI Energy Systems, LLC p 800 955 4626 w angienergy.com e [email protected] P.O. Box 5216 Janesville, WI USA 53547-5216
Sample Photo: ANGI Series II Dispenser
Note: Photos are for reference only and may not reflect actual equipment offered.
1.0 ANGI Series II Fleet Dispenser – Standard Duty Configuration Dual hose configuration
Three inlet supply lines (3-bank internal sequencing) ½” inlet connections
½” internal tubing
One Micro Motion CNG50 mass flow meter per hose
SIDE A Hose 1 – Parker ⅜” x ⅜” twin line CNG hose assembly o 10’6” total hose length with main line and vent line breakaways o OPW CT1000 NGV1, Type 1 nozzle
SIDE B Hose 1 – Parker ⅜” x ⅜” twin line CNG hose assembly o 10’6” total hose length with main line and vent line breakaways o OPW CT1000 NGV1, Type 1 nozzle
One backlit LCD display per side
Volume displayed in GGE
Control via full-ported actuated ball valves with internal CNG actuation Explosion proof vibration switch
ESD pushbutton (non-ADA compliant)
Stainless steel enclosure & pit frame (standard vent is through the pit frame)
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Attachment: ANGI PROPOSAL - CNG Fuel Dispenser Replacement (3382 : CNG Station Improvements)
CONFIDENTIAL
ANGI Contact: Chris Myers – (608) 449-2818 [email protected]
ANGI REFUELING SYSTEM PROPOSAL
ANGI Energy Systems, LLC p 800 955 4626 w angienergy.com e [email protected] P.O. Box 5216 Janesville, WI USA 53547-5216
2.0 Estimated Start-up and Orientation
If ANGI is selected for commissioning, all ANGI Commissioning Services contained in this proposal are based upon a Time & Materials format. The dollar amount included in the pricing sheet is an ESTIMATED ALLOWANCE amount anticipated for this service. It is based upon one technician for one (1) travel day to site, one (1) travel day from site, expenses and labor for (1) one day onsite. Plumbing, Electrical, and other appropriate contractors must be present or readily available during startup, and vehicles will be required during the commissioning period.
As there are many site conditions outside of ANGI’s control, the actual cost to perform this service will be invoiced based upon the technician’s and engineer’s time on site, and actual expenses in accordance with ANGI Published Service Rates.
Commissioning of the ANGI supplied equipment in this proposal will include the following:
Review/check installation by site contractor
Check wiring and communication between all components Check operation of safety systems
Perform dispenser operation test
Complete ANGI equipment commissioning documentation
ANGI has not included cost for any performance and/or fixed period testing unless explicitly noted in this proposal and included in the customer’s purchase order.
3.0 Estimated Shipping to Site of All Listed Equipment
Shipping to destination as per ANGI’s Standard Terms and Conditions (attached) Offloading by others
4.0 Instruction Manual
One (1) electronic copy (Electronic Manual Delivery) is provided as standard via ANGI Share Point Additional copies, other formats, or customized content available upon request (may be subject to additional charges)
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Attachment: ANGI PROPOSAL - CNG Fuel Dispenser Replacement (3382 : CNG Station Improvements)
CONFIDENTIAL
ANGI Contact: Chris Myers – (608) 449-2818 [email protected]
ANGI REFUELING SYSTEM PROPOSAL
ANGI Energy Systems, LLC p 800 955 4626 w angienergy.com e [email protected] P.O. Box 5216 Janesville, WI USA 53547-5216
ANGI Pricing & Qualifications
QS0399770 R2 – City of Ripon | Dispenser Replacement | TBD
BASE PROPOSAL
ITEM EQUIPMENT DESCRIPTION QTY UNIT PRICE TOTAL PRICE
1.0 ANGI Dual Hose Series II Dispenser 1 $68,016.00 $68,016.00
2.0 Start-up and Commissioning Service 1 $5,500.00 $5,500.00
3.0 Estimated Freight 1 $4,550.00 $4,550.00
4.0 Instruction Manuals 1 Included
Total: $78,066.00
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Attachment: ANGI PROPOSAL - CNG Fuel Dispenser Replacement (3382 : CNG Station Improvements)
CONFIDENTIAL
ANGI Contact: Chris Myers – (608) 449-2818 [email protected]
ANGI REFUELING SYSTEM PROPOSAL
ANGI Energy Systems, LLC p 800 955 4626 w angienergy.com e [email protected] P.O. Box 5216 Janesville, WI USA 53547-5216
Notes and Exceptions:
Site design, civil work and installation not included (by others). Equipment proposed based on ANGI standard design
Integration provided by others
Items not specifically identified – Excluded
Power and ESD integration provisions by others
ANGI standard 1-year limited parts only warranty applies Existing equipment must be in proper operating order. Troubleshooting, remedy, recertification, reconditioning, and rework shall be provided by others.
Equipment Certifications:
ANGI Series II Dispensers are supplied as standard with MET Laboratories, Inc. 3rd party certification with our Listing Number E212483 and are designed/certified to:
NFPA 52 Vehicular Gaseous Fuel Systems Code
ANSI/IAS NGV 4.1 CSA 12.5 NGV Dispensing Systems
NFPA 70 – Article 500 (National Electric Code)
Qualifications:
Proposal is valid for 30 days.
All prices are in US Dollars.
Prices do not include any applicable taxes.
System will be designed in accordance with US requirements. MET Labs electrical certification is included only for the items listed under “Equipment Certifications” above. Additional item certification or alternate certification is available (additional costs would apply). Delivery: 11-13 weeks from accepted purchase order. Schedule may vary due to production schedule, submittal review by enduser, availability of long lead items, and the situation relating to the COVID-19 pandemic. This quotation subject to ANGI Energy's standard terms, conditions, and warranty and clarifications and exceptions transmitted separately.
Start-up by an ANGI certified technician is required to validate warranty This quotation does not include any civil work, installation, underground piping, site design, permitting, or bonding. ANGI’s scope includes only CNG related equipment and services, specifically identified.
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Attachment: ANGI PROPOSAL - CNG Fuel Dispenser Replacement (3382 : CNG Station Improvements) 150831_ANGI Energy Systems Tcs Of Sales-ANGI Products_30-70
STANDARD TERMS AND CONDITIONS OF SALE
UNITED STATES & CANADA
ANGI ENERGY SYSTEMS, LLC (“SELLER”) agrees to sell to BUYER equipment and/or services described and listed in the Proposal (hereinafter “EQUIPMENT,” “GOODS,” and/or “SERVICES”) subject to the following terms and conditions as follows:
1. Acceptance. The following terms and conditions of sale are applicable to all quotations and purchase orders and are the only terms and conditions applying to the sale of Seller’s products or services except those that relate to prices, quantities, delivery schedules, and the description and specifications of the products. Seller hereby objects to and rejects any other terms and conditions appearing on, incorporated by reference in or attached to a purchase order. Buyer’s acceptance of products or services called for in said purchase order shall constitute its acceptance of the following terms and conditions.
2. Billing and Payment. Unless otherwise agreed to in writing, Buyer shall make payments to Seller according to the following progress payment schedule:
Thirty percent (30%) of the total purchase price as a down payment to be remitted simultaneously with the written purchase order.
Seventy percent (70%) of the total purchase price upon written notice of readiness to ship.
(a) Payment shall be due within 30 days from date of invoice unless otherwise agreed to in writing by Seller. Payment terms are subject to approval of Seller’s credit department. Seller reserves the right to impose finance charges which is the lower one and one-half percent (1½%) per month or the highest rate allowed by law on any amount which becomes past due and delinquent. However, if in Seller’s opinion, Buyer’s financial condition reasonably appears to call for such action, Seller may require payment in advance.
(b) Prices quoted are exclusive of, and Buyer agrees to pay, any foreign, federal, state or local excise, sales, use, personal property or any other taxes or duties, excepting only taxes based on Seller’s income. Any certificates or other evidence of applicable exemptions to such taxes or duties must be made available to Seller prior to invoicing or such taxes or duties will be charged to Buyer, provided, however, that if Seller does not collect such items from Buyer and is later requested or required to pay the same to any taxing authority, Buyer will promptly make such payment to Seller or, if requested by Seller, directly to such taxing authority. (c) If any particular invoice is not paid when due, Buyer agrees to pay all collection costs if this account is referred outside for collection or, if suit is brought to collect this account, Buyer agrees to pay all costs and reasonable attorneys’ fees, including all costs and reasonable attorneys’ fees incurred on any appeal to an appellate court.
3. Place of Delivery, Method of Tender, and Transfer of Title. (a) Sales within U.S. Delivery terms and pricing for sales within the United States are CPT (Incoterms 2010) Buyer’s destination (“Place of Destination”) unless otherwise agreed to in writing by Seller. Seller shall arrange for transportation of the goods ordered by an appropriate means of transportation. Freight is Pre-paid from Seller’s Dock (“Point of Delivery”) and incurred after the goods are delivered to the carrier from Point of Delivery to the Place of Destination. Risk of loss of or damage to the goods or any part of the goods shall pass to the Buyer upon delivery to carrier at the Point of Delivery, and Buyer shall have the responsibility of filing any damage claims with the carrier. Buyer shall arrange for applicable insurance covering the goods from Point of Delivery to their Place of Destination. Legal title to the goods shall pass to Buyer at the Point of Delivery.
(b) Sales outside of U.S. Delivery terms and pricing for export sales are FCA (Incoterms 2010) Seller’s Dock, ANGI Factory Janesville, WI (“Point of Delivery”) unless otherwise agreed to in writing by Seller.
Seller shall arrange for transportation of the goods ordered by an appropriate means of transportation and pay all inland freight charges from Point of Delivery to the first USA port of export unless otherwise agreed to in writing by Seller. Buyer shall arrange for applicable insurance covering the goods during transit to their destination. Where Buyer requires special delivery requirements, any special expense is to be borne by the Buyer, including special handling, packaging and additional freight charges. When “export packing” is required, any extra charges such as export duties, licenses, fees and the like shall be borne by Buyer.
Risk of loss of or damage to the goods or any part of the goods shall pass to the Buyer upon delivery to carrier at the Point of Delivery, and Buyer shall have the responsibility of filing any damage claims with the carrier.
This order is subject to Seller’s ability to obtain export licenses and other necessary papers within a reasonable period. Buyer will furnish all Consular and Customs declarations and will accept and bear all responsibility for penalties resulting from errors or omissions thereon.
Buyer shall not re-export the goods or items which incorporate the goods if such re-export would violate applicable export laws. Legal title to the goods shall pass to Buyer at the Point of Delivery, except for sales to Canada or Central or South America (excluding Mexico), in which case legal title to the goods shall pass to Buyer when the goods cross an international border (including without limitation entering international waters), or at such later point as may be agreed to in writing by Seller.
4. Installation. Unless otherwise specified in writing on a quotation provided by an authorized representative of Seller, Buyer assumes responsibility for installation. Seller agrees to make installation and onsite technical support services available at Seller’s then-prevailing rates, unless otherwise specified in an initial purchase order or contract proposal.
5. Maintenance. Buyer assumes responsibility for maintenance on the goods sold to Buyer. Seller agrees, however, to make maintenance services available at its then-prevailing rates.
6. Warranties. Seller warrants its equipment parts and supplies in accordance with its standard warranty policies. A written copy of these policies accompanies these terms and conditions or is available upon request. THESE WARRANTIES ARE EXCLUSIVE AND ARE IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON- INFRINGEMENT. NO EMPLOYEE OR
AGENT OF SELLER, OTHER THAN AN OFFICER OF SELL, IS
AUTHORIZED TO MAKE ANY WARRANTY IN ADDITION TO
THE FORGOING.
7. Limitation of Buyers Remedies. IN NO CASE SHALL SELLER
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGE BASED UPON
BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLEGENCE, STRICT TORT, OR ANY OTHER LEGAL,
EQUITABLE, OR STATUTORY CLAIM, CAUSE OF ACTION, OR
LEGAL THEORY. IN ANY EVENT, SELLER SHALL BE SOLELY
LIABLE FOR ACTUAL DAMAGES CAUSED BY SELLER’S
BREACH AND SELLER’S MAXIMUM LIABILITY HEREUNDER,
REGARDLESS OF THE LEGAL THEORY, SHALL NOT EXCEED
THE CONTRACT PRICE OF THE GOODS FURNISHED BY
SELLER.
8. Sellers Remedies. Without waiving any other rights or remedies available to it under applicable law or otherwise, Seller may, at its option, defer shipment or deliveries hereunder or under or pursuant to any other contract with Buyer, until all past-due accounts of Buyer to Seller have been satisfied in full. Any rights or remedies of Seller granted in these Terms and Conditions shall be in addition to and not in lieu of any other rights or remedies Seller may have at law or in equity.
9. Proprietary Rights. Seller shall retain all rights to designs, drawings, patterns, plans, specifications, technology, technical data and information, technical processes and business methods, whether patentable or not, arising out of or evolving as a result of Seller rendering engineering services to and designing systems and goods for Buyer’s use.
Buyer agrees not to enforce against Seller or customers of Seller any patent rights, the scope of which includes a system, process or business method utilizing goods or engineering services delivered hereunder by Seller and which relates to an invention, improvement, enhancement or development made by or for Buyer on a date subsequent to the date of Seller’s offer hereunder.
10. Hazardous Materials. Buyer acknowledges that certain supplies covered by this contract may be, or become, considered as hazardous materials under various laws and regulations. Buyer agrees to familiarize
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Attachment: ANGI PROPOSAL - CNG Fuel Dispenser Replacement (3382 : CNG Station Improvements) 150831_ANGI Energy Systems Tcs Of Sales-ANGI Products_30-70
itself (without reliance on Seller except as to the accuracy of special safety information actually furnished by Seller), with any hazard of such materials and their applications and the containers in which such materials are shipped. Buyer agrees to inform and train its employees and its customers as to such hazards. Buyer agrees to waive any claim against Seller and hold harmless and indemnify Seller against any claims by its employees or customers based on allegations relating to any such hazards except where such claims are based on failure to meet written specifications or the inaccuracy of specific safety information actually furnished by Seller.
11. Delay. (a) Delivery dates are approximate and are not guaranteed, and Seller shall not be liable for damages of any kind resulting from any delays in fulfillment, shipment or delivery of orders. Furthermore, Seller shall not be liable for any other loss, damage, cost or expense due to causes beyond its reasonable control, such as acts of God, acts of Buyer, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, delays in transportation, government restrictions or embargoes, or difficulties in obtaining necessary labor, materials, manufacturing facilities or transportation due to such causes.
(b) In the event of a delay in delivery in excess of ninety (90) consecutive days, Buyer has the right to terminate its order as to the undelivered portion thereof without Penalty.
12. Goods Not for Resale. Buyer, by placing this order and accepting these Terms and Conditions, hereby expressly agrees, acknowledges, represents and warrants to Seller that (a) it is the Seller’s policy to sell these types of goods only to end users for their own use, (b) the goods that are the subject of this order are not intended for end user to resell, (c) the goods that are the subject of this order are in fact being purchased by Buyer for Buyer’s own use or only for sale to an end user and not for any other resale to a third party and (d) in the event that Buyer breaches the foregoing acknowledgment, covenant, representation and/or warranty by reselling the goods that are the subject of this contract, Seller shall be permitted to (i) void, eliminate and/or refuse to continue to extend or make available to Buyer any volume or other types of discounts, rebates or preferential payment terms to which Buyer is now or hereafter otherwise might be entitled to or eligible to receive from Seller or (ii) refuse to accept any further orders from Buyer. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to restrict any OEM from incorporating any goods purchased from Seller into equipment that is to be resold to the OEM’s end customer so long as such OEM provides a reasonable certification of such use to Seller.
13. Cancellation. Unless otherwise agreed in a writing signed by authorized representatives of Buyer and Seller, Buyer will pay Seller for all services performed (including but not limited to materials, and labor) and products provided or specifically ordered for Buyer in reliance on Buyer’s order, as of the date of the cancellation. Buyer may not cancel orders for non-standard goods or orders for goods which have left Seller’s dock.
14. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to any choice or conflict of laws principles of such state, and all disputes shall be adjudicated therein. Buyer and Seller consent to the sole and exclusive venue and jurisdiction of the courts situated in the State of Wisconsin. Any action for loss or damage with respect to the goods or services which are the subject of this contract must be commenced by Buyer within one year from the date of delivery of such goods or services or such claim shall be forever barred.
15. Compliance with Laws/Anti-Corruption. Buyer shall comply fully with all applicable laws, rules and regulations, including without limitation those of the United States and any and all other jurisdictions globally (“Laws”) that apply to Buyer’s business activities in connection with its purchase of goods from Seller. Specifically, Buyer shall comply with all Laws relating to anti-corruption, bribery, extortion, kickbacks, or similar matters that are applicable to Buyer’s business activities in connection with this Agreement, including without limitation the U.S.
Foreign Corrupt Practices Act and the UK Bribery Act. Buyer will take no action that will cause Buyer or Seller or any of their affiliates to violate any such laws.
16. Entire Agreement. Unless otherwise agreed in a writing signed by Seller and Buyer, these Terms and Conditions constitute the entire agreement between the parties, there being no other promises, terms, conditions, or obligations, referring to the subject matter not contained herein. If any term or provision of this contract shall to any extent be invalid or unenforceable, the remainder of the contract shall not be affected thereby, and each term and provision of this contract shall continue to be valid and enforced to the fullest extent permitted by law.
Any modifications hereto shall be in writing and signed by both parties.
1.3.E.a
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Attachment: ANGI PROPOSAL - CNG Fuel Dispenser Replacement (3382 : CNG Station Improvements) Rev. 3/31/17
SPC10300SLS ANGI Warranty - Rev 1
WARRANTY POLICY
1. Warranty
a. Equipment. The seller, ANGI Energy Systems LLC or its ANGI branded corporate affiliate, whatever the case may be (“ANGI”), warrants to Buyer that its equipment conforms to ANGI’s published specifications, is free from defects in materials and workmanship until the earliest of: (i) 12 months after substantial completion of commissioning, if applicable; (ii) 12 months from initial use; or (iii) 18 months from the date the equipment is ready to ship from ANGI’s facility. ANGI further warrants the equipment enclosures against rust-through for 2 years from the date it is ready to ship from ANGI’s facility (equipment may be susceptible to surface rust under normal conditions). The following are exceptions to this warranty: (i) Used/Refurbished Equipment – is warranted on a case by case basis as provided by ANGI; (ii) Products not Manufactured by ANGI – ANGI will pass through transferable manufacturer’s warranties only.
b. Parts. ANGI warrants its: (i) non-consumable parts such as valves, gauges and transducers will conform to ANGI’s published specifications and be free from defects in workmanship and materialsfor 90 days from date of shipment, and (ii) consumable parts, such as filter elements, strainers, o-rings, gaskets, fuses, belts and will conform to ANGI’s published specifications and will be free from defects in workmanship and materials at the time of delivery. ANGI warrants reconditioned vendor certified parts for 90 days from the date of shipment.
c. Consumables. ANGI warrants its consumables, such as oils, lubricants and desiccant will conform to ANGI’s published specifications and will be free from defects in workmanship and materials through the expiration or other date indicated on the packaging or otherwise provided by ANGI. d. Software. ANGI warrants its software when used under normal operating and maintenance conditions, will perform substantially in accordance with ANGI’s published specifications and any accompanying user documentation for the earlier of 90 days from installation or 120 days from shipment. ANY
THIRD PARTY SOFTWARE PROVIDED WITH THE SOFTWARE AND
DATA AND PRE-RELEASE VERSIONS OF THE SOFTWARE ARE
SUPPLIED “AS IS” WITHOUT CONDITION OR WARRANTY OF ANY
KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
EITHER EXPRESS OR IMPLIED. Any software warranty in any software license agreement between the parties will take precedence over this software warranty.
e. Services. ANGI warrants all services will be performed in a professional and workmanlike manner in accordance with applicable industry standards for 30 days after performance.
2. Warranty Services. This warranty only covers costs of replacement parts/goods. Buyer is responsible for labor costs and all other costs in connection with the repair or replacement of any non-conforming goods, including without limitation, costs for diagnosis of defects, shipping, removal of goods and reinstallation of goods. Buyer must make any warranty claims in writing within the applicable warranty period and within ten (10) days after discovery of any non-conformance (30 days after shipment for consumable parts). Within a reasonable time thereafter, ANGI will make the necessary repairs after confirmation that the non-conforming goods were stored, installed, maintained and used in accordance with ANGI’s recommendations, accompanying documentation, published specifications and standard industry practice. Warranty services will be performed at the location of the warranted goods if possible, subject to ANGI’s then prevailing rates and any travel expenses incurred by ANGI. Otherwise, Buyer will ship the goods at its expense to ANGI for repair and/or replacement after obtaining a valid Return Material Authorization number. For the avoidance of doubt, repair or replacement of any warranted goods or any parts do not extend the initial warranty period of the warranted goods and any repaired or replacement parts are not separately warranted. For warranty issues, contact: ANGI Energy Systems LLC, Customer Service, 305 W Delavan Dr., Janesville, WI 53546; Toll Free 800 934 5219; Phone 608 563 2800; Fax 608 531 2635; Email [email protected].
3. Failure to Repair. If ANGI is unable to repair warranted goods after a reasonable number of attempts, ANGI will provide, at its option, (i) new or used replacement goods provided Buyer returns the non-conforming goods; or (ii) a refund of the purchase price of the unrepaired component, depreciated in accordance with standard accounting principles.
4. Warranty Exceptions. This Warranty Policy does not cover failure of warranted goods resulting from: (i) accident, abuse, misuse, neglect, overloading or any other use not in accordance with ANGI’s recommendations, accompanying documentation, published
specifications, and standard industry practice; (ii) fire, flood, lightning or any other act of God, Buyer or third party; (iii) acid rain, rail dust, salt spray, caustic cleaners, chemicals or solvents, salt air conditions, and other environmental factors that may accelerate rust, oxidation or corrosion of metal components; (iv) Buyer’s failure to provide power, air, supplies, storage conditions, or an operating environment that conforms to ANGI’s accompanying documentation and published specifications; (v) failure to follow the maintenance procedures in ANGI’s accompanying documentation or published specifications or failure to maintain and provide ANGI with maintenance records verifying Buyer followed proper maintenance procedures; (vi) installation, repair, service or modification to the goods by anyone other than ANGI or its authorized representatives; (vii) the goods or any part thereof being used or coming into contact with any equipment, parts, supplies or consumables not manufactured, distributed, or approved by ANGI; (viii) any products attached to the goods not manufactured, distributed or approved by ANGI; (ix) Buyer’s noncompliance with applicable codes and safety rules, such as NFPA-52 Vehicular Gaseous Fuel Systems Code (and all other standards and codes referenced therein), NFPA-70 – Article 500 National Electrical Code, ASME Boiler and Pressure Vessel Code Section VIII, ANSI/ASME B31.3 Process Piping and ANSI/IAS NGV 4.1 CSA 12.5 NGV Dispensing Systems; and (x) installation or use at a site that is not compliant with all applicable laws, regulations, codes, and standard safety requirements. This Warranty Policy covers only goods owned, leased or otherwise held only by the initial end user at all times and excludes any goods that are or have been in the possession of a third party. Unless prohibited by law, this Warranty Policy only covers goods located in the same country from which the goods were initially purchased from ANGI. ANGI in its sole but reasonable discretion will determine whether these exceptions apply.
5. Warranty Disclaimer. THESE WARRANTIES ARE GIVEN SOLELY
TO BUYER (PARTY PURCHASING WARRANTED GOODS OR
SERVICES DIRECTLY FROM ANGI). TO THE EXTENT
PERMITTED BY LAW, THESE WARANTIES ARE IN LIEU OF ALL
OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NO EMPLOYEE OR AGENT OF ANGI
IS AUTHORIZED TO GIVE ANY ADDITIONAL WARRANTIES,
OTHER THAN AN OFFICER OF ANGI WHEN DOING SO IN
WRITING. IF LOCAL LAWS REQUIRE ADDITIONAL
WARRANTIES TO BE PROVIDED TO BUYER, SUCH
WARRANTIES ARE INCORPORATED INTO THIS WARRANTY
POLICY ONLY TO THE EXTENT REQUIRED BY LAW. ANY
PARTICULAR TERM IN THIS WARRANTY POLICY THAT IS
PROHIBITED BY LOCAL LAW IS HEREBY NULLIFIED TO THE
EXTENT REQUIRED BY LAW.
6. Liability and Remedies. IN NO EVENT WILL ANGI BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES BASED UPON BREACH OF ANY WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY
OTHER LEGAL THEORY. ANGI’S MAXIMUM LIABILITY WILL
NOT EXCEED THE PRICE OF THE GOODS OR SERVICES
FURNISHED BY ANGI GIVING RISE TO THE CLAIM. THIS
WARRANTY POLICY CONTAINS BUYER’S EXCLUSIVE
REMEDIES AND ANGI’S SOLE OBLIGATIONS FOR ANY BREACH
OF THIS WARRANTY POLICY. NO OTHER REMEDIES,
OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER
ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, ARE AVAILABLE.
1.3.E.a
Packet Pg. 98
Attachment: ANGI PROPOSAL - CNG Fuel Dispenser Replacement (3382 : CNG Station Improvements) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 05/10/2022
Subject: Partial Assignment and Assumption Agreement - Periera RECOMMENDED ACTION:
Consent to the Assignment and Assumption Agreement allowing Ray and Darlene Ruiz to purchase a portion of the Pereira residential development project and land from Gregory and Donna Miller located at 22874 S. North Ripon Road (APN: 261-210-09) and authorize the Mayor to sign the acknowledgement and acceptance by the City.
DISCUSSION/ANALYSIS:
The Pereira residential development project was initially approved on April 14, 2020 and a Development Agreement was entered into between the City of Ripon and HPG Ripon Development LLC and Pereira Properties, a California general partnership and Gregory R. and Donna L. Miller, husband and wife as Joint Tenants. The development project is located just north of Boesch Drive between North Ripon Road and John Roos Avenue. The project is a low density single family home development project containing forty-seven (47) homes.
On April 14, 2022 the City received a request to assign the Miller’s portion of the Development Agreement to Ray and Darlene Ruiz, who have entered into a purchase agreement with the Miller’s for their property/home. The attached assignment and assumption agreement allows for this transaction.
Attachments:
1. Assignment and Assumption of DA - Miller to Ruiz
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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 _______________, 2022, by between Gregory R. Miller and Donna L. Miller, husband and wife as Joint Tenants (collectively, “Owner/Assignor”) Ray Ruiz and Darlene Ruiz, husband and wife as Joint Tenants (collectively, “Assignee”) with reference to the following facts:
A. On or about April 14, 2020, the City of Ripon (“City”), entered into a Development Agreement with HPG Ripon Development LLC and Pereira Properties, a California general partnership (collectively “Developer”), and Gregory R. Miller and Donna L. Miller, husband and wife as Joint Tenants (“Owner/Assignor”), for the development of real property (the “Subject Property”) which was recorded on July 9, 2020, as Instrument No. 2020-082005, Official Records of San Joaquin County, California, referred to as the “Development Agreement.” Owner/Assignor executed the Development Agreement in its capacity as owner of a portion of the Subject Property (“Owner’s Parcel”), as required by law; B. Section 10 of the Development Agreement provides for the assignment by Assignor and/or Owner/Assignor of all or any portion of Owner/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;
C. In accordance with the terms of the Development Agreement, Owner/Assignor has provided to the City a written request for consent to assignment of its obligations under the Development Agreement to Assignee, 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 Assignment 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. Owner/Assignor hereby assigns and delegates to Assignee all of its interest in all rights, obligations and duties of Owner/Assignor under the terms of the Development Agreement with respect to the development of the Owner’s Parcel as described in the Development Agreement, including all exhibits thereto. The term “Assignee” shall include related entities of Assignee.
1.3.F.a
Packet Pg. 100 Attachment: Assignment and Assumption of DA - Miller to Ruiz [Revision 2] (3420 : Partial Assignment and Assumption Agreement - Periera) 2 3. Assumption. Assignee hereby accepts the foregoing assignment and delegation and agrees to perform the obligations of Owner/Assignor under the Development Agreement, as defined herein, to the extent not sooner performed by Owner/Assignor.
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/Assignor or other party with respect to the subject matter hereof, and that the City is not a 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]
1.3.F.a
Packet Pg. 101 Attachment: Assignment and Assumption of DA - Miller to Ruiz [Revision 2] (3420 : Partial Assignment and Assumption Agreement - Periera) 3 IN WITNESS WHEREOF, the undersigned have executed this Assignment the date and year first above set forth.
“OWNER/ASSIGNOR”
Gregory R. Miller and Donna L. Miller
Dated: _____________________ By: ______________________________________ Gregory R. Miller
Dated: _____________________ By: ______________________________________ Donna L. Miller
“ASSIGNEE”
Ray Ruiz and Darlene Ruiz
Dated: _____________________ By: ______________________________________ Ray Ruiz
Dated: _____________________ By: ______________________________________ Darlene Ruiz
1.3.F.a
Packet Pg. 102 Attachment: Assignment and Assumption of DA - Miller to Ruiz [Revision 2] (3420 : Partial Assignment and Assumption Agreement - Periera) 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.
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
1.3.F.a
Packet Pg. 103 Attachment: Assignment and Assumption of DA - Miller to Ruiz [Revision 2] (3420 : Partial Assignment and Assumption Agreement - Periera) 5 EXHIBIT 1
1.3.F.a
Packet Pg. 104 Attachment: Assignment and Assumption of DA - Miller to Ruiz [Revision 2] (3420 : Partial Assignment and Assumption Agreement - Periera) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 05/10/2022
Subject: Well 19 Pump Station Change Order 2
RECOMMENDED ACTION:
Approve Change Order No. 2 for replacing an existing water valve, adjusting for existing utility conflicts, upgrading building doors and decreasing the overall size of the wellsite for a contract change in the amount of -$11,850.79 (funding source: Water Enterprise Capital Fund).
BACKGROUND:
The Well 19 Pump Station Project was awarded to Soracco, Inc. at the September 14, 2021 City Council meeting for an amount of $1,761,590.50. The first phase of the Well 19 project included the construction, development and testing of the well at Mistlin Sports Park. The Well 19 Pump Station Project consists of installing a Potable Water Pump Station and Site Improvements necessary to incorporate the well into the City potable water system. At the April 12, 2022 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $8,865.33 to adjust for and remove existing abandoned irrigation pipe.
DISCUSSION:
The attached Change Order No. 2 includes a reduction in the overall size of the wellsite in an effort to eliminate unnecessary improvements that will not be required until future park improvements in this area are constructed. This will reduce the footprint of the well site and eliminate the quantity of fencing, sidewalk, asphalt, and gravel to be installed at this time. The installation of a curb underneath the proposed site fencing is also included. The contract change for this work is -$49,326.34.
The change order also includes upgrading the contract specified steel doors with chemical resistant fiberglass doors for the chlorination/electrical control building. The contract change for this work is $8,915.09.
1.3.G
Packet Pg. 105
Additionally, during the water pipeline installation near River Road that ties the new well into the City distribution system, existing utilities were located to be in conflict with the planned alignment and a faulty water valve was discovered. The Contractor was directed by staff to proceed and perform the additional work necessary to account for the unforeseen utilities and replace the faulty valve. The labor time and material purchases necessary to perform this extra work by the Contractor was observed and tracked by staff to verify the cost increase. The contract change for this work is $28,560.46.
FISCAL IMPACT:
The attached Change Order No. 2 provides an overall change of -$11,850.79 to the Well 19 Pump Station Contract.
Attachments:
1. CCO2_Soracco, Inc
1.3.G
Packet Pg. 106
1.3.G.a
Packet Pg. 107
Attachment: CCO2_Soracco, Inc (3425 : Well 19 Pump Station Change Order 2) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Sarah Collins, Senior Civil Engineer
Date: 05/10/2022
Subject: Terracon Consultants, Inc.
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign Amendment No. 2 to the General Services Agreement with Terracon Consultants, Inc. in the not to exceed amount of $20,000 to provide construction materials testing and inspection services for capital projects, including the Stockton Avenue Rehabilitation Project and the Well 19 Pump Station Project.
BACKGROUND:
Terracon Consultants, Inc. has successfully been providing specialty testing services outside of our current capacity for various capital projects within the City since July of 2019.
At the July 9, 2019 City Council meeting, Council approved the General Services Agreement with Terracon Consultants, Inc. in the not to exceed amount of $20,000 to provide construction materials testing and inspection services for on capital projects.
At the October 12, 2021 City Council meeting, Council approved Amendment No. 1 to the General Services Agreement with Terracon Consultants, Inc. in the not to exceed amount of $20,000 to provide construction materials testing and inspection services for capital projects. At this time, $1,281 of the contract amount is remaining.
DISCUSSION/ANALYSIS:
Staff has requested a proposal from Terracon Consultants, Inc. to continue to provide construction materials testing and inspection services for capital projects, including the Stockton Avenue Rehabilitation Project and Well 19 Pump Station Project. Testing of soil compaction, rock compaction, asphalt/concrete material and compaction will be provided on an as needed basis. The attached proposal is an amendment to the original General Services Agreement with Terracon Consultants, Inc.
1.3.H
Packet Pg. 108
FINANCIAL IMPACT:
The 2
nd amendment to the General Services Agreement has a not-to-exceed amount of $20,000.
The work performed under the General Services Agreement will be funded through the funding source of the project that the testing and inspection is being provided.
Attachments:
1. 2nd Amendment Services Agreement_Terracon
2. Exhibit A_Terracon
1.3.H
Packet Pg. 109
General Services Agreement 2
nd Amendment - Page 1 of 1
Construction Materials Testing & Inspection Services Various Projects Terracon Consultants, Inc.
AMENDMENT #2 TO GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
TERRACON CONSULTANTS, INC.
This Amendment to the General Services Agreement dated July 9, 2019 (“Amendment”) is made and entered into on, May 10, 2022 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Terracon Consultants, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).
Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, whichever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,
1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
Section 2. COMPENSATION.
City hereby agrees to pay Consultant an amount NOT TO EXCEED Twenty Thousand Dollars for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.
REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amended herein, the remaining terms and conditions of the General Services Agreement dated July 9, 2019, shall remain in full force and effect.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
Dean Uecker, Mayor Troy Schiess, P.E.
1.3.H.a
Packet Pg. 110 Attachment: 2nd Amendment Services Agreement_Terracon (3411 : Terracon Consultants, Inc.)
Terracon 902 Industrial Way Lodi, CA 95240
Main (209) 367-3701 Fax (209) 333-8303 Dispatch (209) 263-0593 terracon.com
May 4, 2022
Proposal No. PNA191172
"2nd Amendment to Service Agreement
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attn: Carla Rodriguez
[email protected]
Re: Proposal to Provide Construction Materials Testing and Inspection Services City of Ripon Materials Annual Service Agreement
Various Locations
Ripon, California
Dear Ms. Rodriguez:
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to present this proposal for providing Construction Materials Testing & Special Inspection Services for the City of Ripon on an Annual Services Agreement. We appreciate the opportunity and look forward to working with you on future projects.
SCOPE OF SERVICES AND COMPENSATION
Per the request of Carla Rodriguez, provide 2nd Amendment to Services Agreement. We are providing rates based on prevailing wage laws for projects performed for the City of Ripon. We understand that the City has a few roadway construction projects for the year and has the desire to set up an annual services agreement based on the following inspections:
■ Compaction testing;
■ Concrete testing;
■ Proctor on Soil and Aggregate base rock;
■ Report production;
■ Trip charges;
■ Compression test concrete cylinders.
The fee for our services, including all field work, engineering analyses and report preparation will be based upon the unit costs prepared for this agreement as shown in the following table, with a Not to Exceed amount of $20,000.00. The time required for construction materials testing on these projects will be directly related to the schedule and performance of the various contractors chosen and how many trips are made to the site. As a result, total fees for the construction materials services will be based upon the applicable unit rates. The following table presents a detailed breakdown of our proposed unit rates for this agreement:
1.3.H.b
Packet Pg. 111 Attachment: Exhibit A_Terracon (3411 : Terracon Consultants, Inc.) Proposal for Construction Materials Testing and Inspection Services City of Ripon 2nd Amendment to Service Agreement ■ Ripon, California May 4,2022 ■ Terracon Proposal No. PNA191172 2nd Amendment Responsive ■ Resourceful ■ Reliable 2
Description Billing Rate
Compaction Testing – Soils & Asphalt, inc. gauge (NorCal Group 3) $112.00 /hour Concrete Testing, ACI (NorCal Group 4) $108.00 /hour
Proctor on Soil and Aggregate Base Rock $225.00 /each
Report Production (includes PM/PE Review & Admin Support) $86.00 /each Trip Charge $72.00 /each
Compression Test Concrete Cylinders $27.00 /each
Not to Exceed (NTE) $20,000.00
Work performed in addition to the anticipated items will be billed in accordance with Terracon’s standard fee schedule. Requirements relative to invoicing must be provided prior to the start of work so that payments to Terracon can be made in the appropriate time frames discussed below.
Terracon can only provide the services discussed herein when properly scheduled. Our services will be provided only at the specific starting times scheduled by the contractor. Failure on the contractor’s part to notify Terracon of the construction activities which require our involvement could jeopardize our ability to provide the necessary materials testing certification upon completion of the City’s projects.
Our proposal does not include ladders, man lifts, scaffolds and other means necessary to access the areas to perform our inspections and tests. For us to safely and efficiently perform our scopes, others will need to provide all necessary means to access the areas for our work scopes. Our scope does not include shoring, temporary bracing, construction aids or monitoring of safety practices of the Contractor.
The following assumptions were used in preparing this proposal:
■ Our fees for trips to the site will be charged portal to portal; ■ The City of Ripon is located approximately 30 miles each way from our office and laboratory. Average drive time is 25 minutes each way.
■ Time will be charged in 2, 4 and 8-hour increments for earthwork/asphalt observations, and 4 and 8-hour increments for special inspection ACI/ICC/CWI observations, with a two-hour minimum charge to all on-site hourly unit rates;
■ An out-of-scope charge of $108/hour will be applied for all stand-by time and/or time spent on activities which were not cancelled with prior timely notice (within 8 working hours of requested field inspection); ■ Staff time, laboratory testing and extra trips required for re-testing and/or re-inspection will be marked on the monthly invoices and be considered out-of-scope items;
■ All work performed during weekends and holidays or in excess of 8 hours per day will be billed at 1.5 times the applicable hourly billing rates;
■ Testing and inspection services must be scheduled by the client / contractor with 24 hours’ notice to our office (209-263-0593). Our services are provided on an on-call, as requested basis either by the client’s representative or client’s contractor. Terracon will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to failure to schedule our services; ■ Terracon’s services specifically exclude job site safety responsibility;
1.3.H.b
Packet Pg. 112 Attachment: Exhibit A_Terracon (3411 : Terracon Consultants, Inc.) Proposal for Construction Materials Testing and Inspection Services City of Ripon 2nd Amendment to Service Agreement ■ Ripon, California May 4,2022 ■ Terracon Proposal No. PNA191172 2nd Amendment Responsive ■ Resourceful ■ Reliable 3
■ Our services do not relieve any contractor/subcontractor from complying with project plans and specifications; and,
■ Invoices for the project will be submitted on a monthly basis.
Contingency
Any services not included in our proposed scope can be provided on an as requested by the client or client’s representative at an addition to our estimated budget allowance.
AUTHORIZATION
We assume that our services will be performed under the terms and conditions in the Master Services Agreement. Our fees are due within the terms of the agreed Annual Services Agreement. This proposal is valid only if authorized within sixty days from the listed proposal date.
We appreciate your consideration of Terracon for this work, and look forward to working as your materials engineering consultant on this and future projects.
Prevailing Wage Requirement: Public works contract provisions require the Contractor and its subcontractors to pay all workers employed on the project no less than the specified general prevailing wage rates for the work classification in which they are performing. We understand these projects will be subject to prevailing wage.
Sincerely,
Terracon Consultants, Inc.
Troy M. Schiess, PE
Principal / Office Manager
CA RCE 71404
1.3.H.b
Packet Pg. 113 Attachment: Exhibit A_Terracon (3411 : Terracon Consultants, Inc.) a
Packet Pg. 114
Attachment: Invoice 91668_Provost & Pritchard (3422 : Provost & Pritchard Consulting Group) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 05/10/2022
Subject: Organic Recycling - Residential and Commercial Options RECOMMENDED ACTION:
The State of California has mandated all cities implement organic waste recycling requirements through Senate Bill 1383, which was signed into law by Governor Brown in September 2016.
After evaluating various options to determine the most cost-effective option to comply with the State mandated requirements of Senate Bill 1383, staff is recommending the City Council adopt the attached resolution to move forward with providing and utilizing a green can to collect all organic waste for each residential customer. Additionally, approve and authorize the Mayor to sign the quote for 1,250 new green cans from Toter in the amount of $88,981.55 so green cans can be provided to those residential customers currently without. (funding source: Garbage Enterprise Capital Fund).
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 State Senate Bill 1383, which was signed into law by Governor Brown in 2016, required 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.
The City Council approved Ordinance 912 at the February 8, 2022 council meeting that amended Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code to meet the requirements set forth by the State. The ordinance has several references to the CalRecycle Organic Waste Reduction regulations, which are enforced through the California Code of
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Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.
The regulations of the senate bill 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.
DISCUSSION/ANALYSIS:
A workshop held on April 25, 2022 provided the Council details of certain requirements within the bill that will have the largest impacts on residential/commercial rates, capital expenses, procurement obligations and operational challenges. Staff evaluated a number of options to determine the most cost-effective approach toward achieving compliance with the State mandated organic recycling requirements.
Since there are a number of unknowns regarding facilities to process waste and the associated tipping fees, staff is recommending the City move forward with a phased approach to achieve compliance. The first phase of this would be to implement a two-container system using the green cans for both yard waste and organic waste (i.e., all organic waste). Once there is a better understanding of the facilities available to sort and process trash and organic waste along with the associated tipping fees, staff will bring back a recommendation for future phases to implement the State mandated requirements of Senate Bill 1383 in the most cost-effective manner.
The following summarizes the first phase of this approach recommended by staff:
Provide green organic waste cans to all residential customers; Residential customers receiving a green can will be charged the current rate of $3.00/month per can and then follow the City approved rate structure moving forward; Adjust City garbage operations to dump and haul additional green cans; Continue utilizing existing disposal facilities with current tipping fees; and Continue evaluating cost effectiveness as new disposal facilities become available.
The following is a more detailed evaluation of the options to comply with State mandated Senate Bill 1383:
The first priority for the City is to ensure the collection services provided to all residents and businesses provide for the recovery and recycling of all organic waste including green waste and food waste.
The City currently operates a one black trash container system with an optional organic green waste container that is available at an added cost. The State specifically outlines three options that cities and counties are limited to for residential/commercial curbside collection services.
These service options are outlined below and note specific advantages and challenges related to
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the current City collection system operation.
Three Container “source separated” Collection Service
One green container for organic waste, one blue container for recyclables and one black container for trash.
Allows trash to be hauled to current disposal facility. Allows organic waste to be hauled to our current disposal facility. Requires capital purchase and operational implementation of approximately 1,250 organic waste green cans.
Requires capital purchase and operational implementation of approximately 5,000 recyclable blue cans to be hauled to a new separate facility.
Projected 20-year life-cycle cost based on estimated tipping fees $10,479,000.
Projected rate increase 19%.
Two Container Collection Service
One green container for organic waste and one black container for mixed recyclables and trash.
Allows organic waste to be hauled to our current disposal facility Requires capital purchase and operational implementation of approximately 1,250 organic waste green cans.
Requires mixed recyclables and trash be hauled to a new separate disposal facility that can demonstrate the State organic waste recovery thresholds are met, resulting in increased tipping fees. Projected 20-year life-cycle cost based on estimated tipping fees $15,316,000.
Projected rate increase 27%.
One Container Collection Service
One black container for collection of mixed organic waste, recyclables and trash.
No impact to our current operation.
Requires mixed organic waste, recyclables and trash be hauled to a new separate disposal facility that can demonstrate the State organic waste recovery thresholds are met, resulting in increased tipping fees. Projected 20-year life-cycle cost based on estimated tipping fees $18,176,000.
Projected rate increase 32%.
The largest difference between the above services are that the one- and two- container systems require disposal of material at facilities that can demonstrate separation and recovery of 50
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percent of organic material in 2022 and 75 percent by 2025. One of the major challenges we are facing at this time is that there are no CalRecycle approved facilities in our immediate area meeting these thresholds. One facility in the area is currently working toward this goal although is not anticipated to be approved by CalRecycle until sometime in 2023 and the preliminary tipping fee estimates are a considerable increase above our current fees. The unknown costs that will directly impact the garbage rates for our residents make it challenging to fully commit to any one of the options at this time.
At this time, staff is recommending the City provide and require green organic waste cans for all residential customers. This will result in the City purchasing and providing green cans to approximately 1,250 residents who are currently only supplied with a black trash can on their account. The City will continue to utilize the existing disposal facilities for organic waste and trash keeping our current tipping fees unchanged at this time. The approach is a two-container hybrid system that will achieve the residential organic recycling program requirements while limiting the capital investment. Although the black trash can material will not be disposed of at a facility that meets the organic waste recycling thresholds due to availability, all of the system options remain available moving forward as facilities come online and disposal/recycling tipping fees are established. The green can will be added to the resident’s service and they will be charged the current fee, which is set at $3.00/month per can. All residents will be asked to place acceptable organic waste material in the green can once implementation begins. Detailed information regarding the acceptable and non-acceptable materials will be forthcoming as staff works with our organic waste disposal facility and a large educational and outreach effort will begin in the coming months. The accompanying resolution provides the City the authority to implement the mandatory green can for all residents currently without, as well as new residents applying for service, in order to comply with Chapter 8.12 Garbage Collection and Disposal of the Ripon Municipal Code and State Senate Bill 1383.
Staff is also working with our organic waste disposal facility on providing the organic recycling services to businesses with garbage services provided by the City, more information will be presented to the Council as those efforts move forward. Additionally staff is working with the private permitted haulers providing garbage services to businesses within the City to ensure they meet the compliance requirements set forth by the State.
The City will need to purchase 1,250 green cans in order to begin the implementation process for our residential customers. Staff solicited quotes from multiple companies and the lowest quote received was from Toter for an amount of $88,981.55 with an anticipated delivery of approximately 12-14 weeks.
FISCAL IMPACT:
The immediate fiscal impacts for the first phase of the organic waste program implementation consists of the capital purchase of 1,250 green cans and the anticipated operational increase due to the additional services provided. The attached proposal from Toter for the purchase of the green cans is for an amount of $88,981.55 to be paid for through the Garbage Enterprise Capital Fund. The anticipated operational increase to provide the additional services is approximately $85,000 annually and will be paid for through the Garbage Enterprise Operating Fund.
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As the continued implementation of State Senate Bill 1383 mandated regulations move forward there will be a significant increase in the City’s Garbage Enterprise Fund operating expenses.
These expenses will result mainly from increased 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 the regulations. In addition to the annual review, garbage rate impacts will be evaluated by staff during each new phase of implementation and presented to the Council.
Attachments:
1. Toter Quote - 96G - 2 TL Green Carts
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RESOLUTION NO. 22-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING THE IMPLEMENTATION OF A
MANDATORY ORGANIC WASTE GREEN CONTAINER BE
PROVIDED TO ALL RESIDENTIAL CUSTOMERS
RECEIVING GARBAGE SERVICES FROM THE CITY OF
RIPON.
WHEREAS, previous hereto the City of Ripon has provided an option to residential customers receiving garbage services from the City to use a green organic waste container; and WHEREAS the State of California Senate Bill 1383 mandates organic recycling for all residential households; and
WHEREAS, in order to implement SB 1383, the City Council adopted Chapter 8.12 of the Ripon Municipal Code, and has thereby determined that all residential customers receiving garbage services from the City of Ripon must receive and utilize an organic waste green container for recycling certain organic waste at their residence.
BE IT FURTHER RESOLVED that the fee for obtaining an organic waste green container will be charged to each residential customer according to the current garbage rate structure approved by the City Council, all as provided in Chapter 8.12 of the Ripon Municipal Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of May, 2022, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Gary Barton, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DEAN UECKER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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WQ-10232407
PHONE: 800-424-0422 FAX: 833-930-1124
841 Meacham Rd, Statesville, NC, 28677
Our Quote is a good faith estimate, based on our understanding of your needs. Subject to our acceptance, your Order is an offer to purchase our Products and services in accordance with the Wastequip Terms & Conditions of Sale (“WQ T&C”) located at: https://www.wastequip.com/terms-conditions-of-sale, as of the date set forth in Section 1(b) of the WQ T&C, which are made a part of this Quote. These WQ T&Cs may be updated from time to time and are available by hard copy upon request.
Additional Terms
Grand Total $88,981.55
Tax $0.00
Shipping $10,494.83
Subtotal $78,486.72
Shipping Terms FOB Origin
Payment Terms Net 30 Days if credit has been established WQ-10232407
Please Reference Quote Number on all
Purchase Orders
Quote Number
Expiration Date 5/27/2022
Created Date 4/27/2022
Salesperson Phone (916) 203-9640
Salesperson Email [email protected]
Salesperson Michael Lynn
1210 Vera Ave.
Ripon, CA 95366
USA
Ship To
Ship To Name City of Ripon CA
Mobile (209) 505-0463
Phone (209) 599-2151
Email [email protected]
259 N Wilma Ave
Ripon, CA 95366-3028
USA
Bill To
Bill To Name City of Ripon CA
Contact Name Jake Loogman
Sell To:
Quote Information
Product Product Description Description Selected Option Quantity Sales Price Total Price
**Plastics -
79296
Model 79296 - Toter 96 Gallon EVR II
Universal/Nestable Cart
Cart
2 x Body
HS
2 x Lids
HS
---Body Color - (925) Waste Green
---Lid Color - (925) Waste Green
---Body Hot Stamp on Both Sides
(Existing) in White
---Lid Hot Stamp Insert - Read from Street
(Existing) in White
---Wheels - 10in Sunburst
---Lid Insert - Read from Street (Existing)
---Customer Serial Number Hot Stamped
on Front of Cart Body in White
---2/3 Assembled with Lid (down), Stop Bar
and Axle Factory Installed
---Warranty – 12 Yrs Cart Body, All other
components 10 Yrs
1,248.00 $62.89 $78,486.72
Additional Information
2.A.a
Packet Pg. 121 Attachment: Toter Quote - 96G - 2 TL Green Carts (22-15 : Organic Recycling - Residential and Commercial Options) WQ-10232407
PHONE: 800-424-0422 FAX: 833-930-1124
841 Meacham Rd, Statesville, NC, 28677
Please Reference Quote Number on all Purchase Orders
Accepted By: ______________________________________________________ Company Name: ______________________________________________________ Date: ______________________________________________________ Purchase Order: ______________________________________________________ Sourcewell – Pricing and Products/Services offerings are based on the Sourcewell Co-Operative Contract with Toter, LLC (#041521, eff. 5/28/2021), and such Contract terms and conditions are incorporated herein by reference. Pricing and Products/Services changes may occur at any time with proper documentation, and subject to Sourcewell approval; therefore, offerings may change without written prior notice. Wastequip Product Limited Warranties, Disclaimers, Limitation of Liability and Remedies, and Limited Warranty Provisions apply to all purchases thereunder.
Special Contract
Information
Pricing is based on your anticipated Order prior to the expiration of this Quote, including product specifications, quantities and timing, accepted delivery within 45 days of Order acceptance by Toter. Any differences to your Order may result in different pricing, freight or other costs. Due to volatility in petrochemical, steel and related Product material markets, actual prices and freight, are subject to change. We reserve the right, by providing notice to you at any time before beginning Product manufacturing, to increase the price of the Product(s) to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any increase in the costs of labor, materials, or other costs of manufacture or supply). Unless otherwise stated, materials and container sizes indicated on sales literature, invoices, price lists, quotations and delivery tickets are nominal sizes and representations – actual volume, Products and materials are subject to manufacturing and commercial variation and Wastequip’s practices, and may vary from nominal sizes and materials. All prices are in US dollars; this Quote may not include all applicable taxes, brokerage fees or duties. If customer is not tax exempt, final tax calculations are subject to change.
Additional
Information
Signatures
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Packet Pg. 122 Attachment: Toter Quote - 96G - 2 TL Green Carts (22-15 : Organic Recycling - Residential and Commercial Options) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 05/10/2022
Subject: Pension Rate Stabilization Program-115 Trust
RECOMMENDED ACTION:
Direct staff to draft a resolution to participate in the Section 115 Retirement Trust and prepare an agreement with PARS to administer the City’s pension rate stabilization program, for the City Council approval.
BACKGROUND:
The City of Ripon is unique to other California cities where only the City’s sworn police officers receive a CalPERS defined benefit retirement plan1. A defined benefit plan provides a guaranteed income after retirement based on the employee’s salary and years of service. While the employee is working for the City, the City is required to pay CalPERS the “Normal Cost” to fund the future retirement payments of each employee. The Normal Cost is calculated based on a number of actuarial assumptions, including investment interest rate and mortality.
In addition to the Normal Cost, the City is charged an “Unfunded Actuarial Liability (UAL)”.
This represents the difference between what was paid through the Normal Cost to the current calculated amount needed to fund a retired employee’s retirement compensation. CalPERS has made certain changes to their actuarial assumptions that have significantly increased pension liabilities to cities – most notably, reducing the assumed interest earned on investments from 7.5 percent to 7.0 percent and shortening the amortization period from 30 years to 20 years.
1 Every other City employee receives a defined contribution retirement plan, similar to a private company’s 401k that does not have any unfunded liability associated with the financing of this type of retirement plan.
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The following graph shows the City’s historical and projected Normal Cost and UAL until 2050:
As of June 30, 2020, the City’s current UAL is calculated to be $5,089,648 with future annual payments from $350,000 (2021-22) to $580,000. Even though the City’s unfunded pension liability is not as significant as other cities because only those employees working as sworn police officers are receiving a CalPERS defined benefit, staff has evaluated establishing a Section 115 Retirement Trust to mitigate this liability.
DISCUSSION
A Section 115 Retirement Trust is a tax-exempt investment vehicle authorized by the Internal Revenue Service (IRS) to prefund government expenses such as retirement plan benefits. Assets held within the trust are designated as irrevocable, meaning that the assets must be used to fund the City’s defined benefit retirement plan obligations. Monies placed within the trust may be invested according to rules governing the trust, which are different than the investment rules the City is required to follow for the City’s pooled investments such as LAIF and Bank of New York. Because of the rules associated with the trust, in theory, the funds placed within a trust can earn a higher rate of return than if the City invested the funds.
Funds placed within the trust can remain within the trust until such time that the City chooses to draw on its assets to pay an annual benefit obligation (e.g., reimburse Normal Cost or UAL payment to CalPERS). The City Council may consider adopting polices of when the trust is to be used to pay a CalPERS obligation.
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Staff has requested information from three third-party firms to manage the Section 115 Retirement Trust for the City of Ripon, including the firms experience in serving local government clients in establishing Section 115 Retirement Trusts, investment performance, fees, and references. Below is a summary of the response from each of the firms for these criteria:
Table 1
Summary of Information Requested
Criteria PARS Keenan & Assoc. CalPERS
List of Clients 111 cities / 21 counties 15 cities & counties 151 cities / 12 counties Historical Rate of
Return (1)
7.49% 5.97% No data available (2)
Administrative Fees 0.6% 0.3% 0.25%
Notes:
(1) Based on moderate investment strategy over 10 years. (2) Only 1 year of data available.
Staff is recommending the City of Ripon move forward with Public Agency Retirement Services (PARS) to administer the Section 115 Retirement Trust because of their list of clients, many of which are local cities that have had a positive experience with PARS and have experienced the highest rate of return over the last 10 years. They do have the highest administrative fees, but if the City was to invest $1 million and experience a 10 percent return on that investment, the difference in fees between PARS and Keenan & Assoc. would be $3,000.
The following summarizes the next steps in establishing the City of Ripon 115 Trust:
1. June 2022 City Council Meeting: Approve resolution appointing a Plan Administrator (usually the City Administrator) and authorizing the mayor to execute the contract with PARS.
2. June 2022 – October 2022: PARS will assist staff in surveying the Council for their risk tolerance and the beginning investment amount.
3. October 2022 City Council Meeting: Adopt an Investment Policy for the Section 115 Trust, including risk tolerance, investment amount, and how the Section 115 Trust is to be used to fund CalPERS obligations.
4. November 2022: Establish the Section 115 Trust and deposit funds.
FISCAL IMPACT:
Fiscal impacts will vary based upon the amount invested in the Section 115 Retirement Trust and investment policy adopted by the City Council.
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 05/10/2022
Subject: 2022-2023 Budget Discussion
Staff to discuss the fiscal year 2022-2023 budget.
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