Minutes — Ripon City Council, September 13, 2022

Ripon City Council Minutes
TUESDAY, SEPTEMBER 13, 2022 – 6:00 PM

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

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

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

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, City Clerk Lisa Roos, Recreation Director Kye Stevens.

IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code - 1 case
(2) Real Property Negotiations pursuant to Section 54956.8 of the California Government Code - APN: 245-340-12
(3) Personnel Negotiations Pursuant to Section 54957.6 of the California Government Code - Bohannon Insurance Group : 2023 Health and Welfare Renewals Recreation Director Stevens left the closed session at 5:31 PM.

Return to open session.

City Attorney Terpstra said Council met in closed session to discuss scenarios under which recreation facilities might be added to the Mistlin Sports complex. Staff provided an update on health and welfare benefits. No reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Glenn Gerdes gave the invocation.

City Council Page 2 September 13, 2022
ROLL CALL:

City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Information Systems Technician Alex Arias, Kelly Donohue, Connie Jorgensen, Glenn Gerdes, Vince Hobbs, Di Quaresma.

PUBLIC DISCUSSION:

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

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular City Council Meeting of August 9, 2022.

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

1. CITY COUNCIL - REGULAR MEETING - AUG 9, 2022 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Vice Mayor Restuccia requested Item 1.2C 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
City Council Page 3 September 13, 2022

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
(August 2021 $610,532.90)
FY 2022-23 YTD: $968,204
FY 2021-22 YTD: $891,177
Highway Users Tax
(July 2021 $42,234.64)
FY 2022-23 YTD: $39,071
FY 2021-22 YTD: $42,235
SB1 Street & Road Tax
(August 2021 $25,027.92)
FY 2022-23 YTD: $56,244
FY 2021-22 YTD: $53,816
$591,065.04
$39,070.97
$27,017.41
TOTAL $657,153.42
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
August 2022 $1,212.72
C. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
September 2022 $1,077.81
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – July 2022 $7,300.48
E. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – June 2022 $26,023.56

1.2. Bills, Invoices, Payments
A. CITY OF STOCKTON
Ripon Share of Library Operating Costs 2022-2023
Invoice #105875 $22,200.00
City Council Page 4 September 13, 2022
B. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Code Enforcement
S.G.M.A.

Fire District Coordination
Bethany Home Society
$5,752.50
$4,481.25
$3,245.00
$2,677.60
$147.50
$425.00

TOTAL $16,728.85
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #22251 $4,140.00
E. LIEBERT CASSIDY WHITMORE
Professional Services
Invoice # 223811
Invoice # 223812
$962.50
$2,167.50
TOTAL $3,130.00
F. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
July Invoice #AR113233 $1,343.79
G. UNION BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $413,316.92 H. UNION BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $252,820.75
I. DELTA REGIONAL MONITORING PROGRAM
Delta Regional Monitoring Program
Annual Payment – Invoice #2022-0034 $5,150.00
J. MCR ENGINEERING
Stockton Avenue Rehabilitation Project
Construction Management Services
Progress Payment – Invoice #17437
Progress Payment – Invoice #17450
$625.00
$500.00
TOTAL $1,125.00
K. BASECAMP ENVIRONMENTAL, INC.

Lower Stanislaus River Multi-Use Trail Project
Environmental Assessment
Progress Payment – Invoice #51940 $1,828.95
City Council Page 5 September 13, 2022
L. ASPEN SURVEY COMPANY, INC.

General Land Surveying Services
Progress Payment – Invoice #20-002-11 $2,785.00
M. SORACCO, INC.

Well 19 Pump Station Project
Progress Payment – Invoice #10 $266,897.75
N. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #27132 $242.00
O. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #53803 $7,362.50
P. SKW & ASSOCIATES
Design Services for the Senior Center Retrofit Project
Progress Payment – Invoice #206015 $1,805.00
Q. LDA
Corporation Yard Design Services
Progress Payment – Invoice #19/622-03-20 $2,500.00
R. D. A. WOOD CONSTRUCTION, INC.

Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #18 $17,103.35

1.3. Miscellaneous Items
A. SERVICES AGREEMENT
ResoluteGuard LLC Approve and authorize the Mayor to
sign the Services Agreement with
ResoluteGuard LLC to provide server
review services in the annual not to
exceed amount of $4,725, to be paid
through the Central San Joaquin Valley
Risk Management Authority (funding
source: General Operating Fund).

City Council Page 6 September 13, 2022
B. PARTIAL ASSIGNMENT AND ASSUMPTION - PEREIRA DEVELOPMENT

AGREEMENT
Periera Residential Development Project Consent to the Assignment and Assumption Agreement allowing Ray
and Pam Davidson 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.

C. WELL 19 PUMP STATION
Soracco, Inc. Approve Change Order No. 3 for the
installation of a generator tap box
needed to power the well site with a
portable generator and for the
abandonment of two agriculture wells
no longer in use in the not to exceed
amount of $86,012.23 (funding source:

Water Enterprise Capital Fund).

ITEMS PULLED FROM CONSENT

1.2C : BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees – Invoice #1610991 $47,376.60 Vice Mayor Restuccia wished to recuse himself from the vote because he is a paid elected director for the Bank of Stockton.

Vice Mayor Restuccia left the meeting.

Motion to approve Item 1.2C Bank of Stockton Invoice.

RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Zuber, de Graaf, Barton
ABSTAIN: Restuccia
Vice Mayor Restuccia returned to the meeting.
**END OF CONSENT CALENDAR**
City Council Page 7 September 13, 2022

2. RESOLUTIONS
A. RESOLUTION NO. 22-39

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE INVESTMENT

GUIDELINES DOCUMENT FOR THE

CITY OF RIPON'S EMPLOYEE

BENEFITS FUND PENSION PLAN

WITH HIGHMARK CAPITAL

MANAGEMENT
This resolution adopts and authorizes the
Mayor to sign the Investment Guidelines
Document for the City of Ripon’s 115
Trust Plan with PARS. This “investment
policy” is written by HighMark Capital
Management who is the investment advisor
through USBank for our Plan.

City Clerk Roos said the Pension Rate Stabilization Program or Section 115 Retirement Trust is a tax-exempt investment vehicle authorized by the IRS to prefund government expenses such as retirement plan benefits. She said 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. She said funds placed within the trust can remain within there until such time that the City chooses to draw on its assets to pay any benefit obligation including Normal Costs or the annual UAL payment to CalPERS.

Roos said the City Council completed a survey in July/August 2022 and the results of that survey are part of the recommendation for the investment guidelines for the Section 115 Trust including Council’s preference for a Moderate Investment Strategy, initial investment of the CalPERS contingency reserve fund balance and annual savings from refunding Redevelopment bonds over the next 5 years.

Roos continued saying the earnings in the account will be rolled over each year and be invested in the same strategy as the other funds. Funds in the Program will be used when there is a deficit in the City’s General Fund with concurrence from the City Council and the Investment strategy will be reviewed by the City Council every 3 years with annual updates.

Vice Mayor Restuccia said the County is also doing a Section 115 Trust so the City of Ripon is not alone in this investment decision.

Restuccia said the investment strategy includes a review by Council every three years with annual updates. He said he would prefer to have quarterly updates. Roos said she would provide quarterly updates to Council.

Restuccia said he would like to change the verbiage to state “reinvested” instead of “rollover” of the earnings.

Restuccia said he spoke with the investment consultant when we were initially discussing the 115 Trust and they reviewed a lot of the data together. Restuccia said he originally wanted to go with the conservative investment approach/strategy, but when looking at the standard deviation relative to the returns, the moderate strategy makes sense since this will be a long- City Council Page 8 September 13, 2022
term investment. He also suggested the idea of investing all the money at once or doing a dollar-average approach. He finished by saying he liked the program.

Council Member Barton said he wanted to commend staff for recommending the moderate approach because bonds under perform as opposed to equities. He said he is always concerned with the administrative fees and asked Roos to comment on the administrative fees associated with this Program. Roos said the administrative fees are 0.6% and this is split with .25% to PARS and .35% is split between US Bank and HighMark. Barton said these are quite reasonable.

Motion to approve Resolution 22-39 adopting the Investment Guidelines Document with changes discussed for the City of Ripon's Employee Benefits Fund Pension Plan with Highmark Capital Management.

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

3. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 918

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING PLANNED

DEVELOPMENT OVERLAY DISTRICT
(PUD21-79) FOR THE “TERRACES AT
BETHANY” SENIOR HOUSING

PROJECT
This ordinance establishes the Planned
Development Overlay District for the
“Terraces at Bethany Home” project that
was approved at the August 9, 2022 City
Council meeting, subject to and based on
the findings in the August 9, 2022 staff
report.

Planning Director Zuidervaart said this is the first reading and introduction of an ordinance that will set up the Planned Unit Overlay District for “The Terraces” at Bethany Home project that Council approved at the August 2022 City Council meeting. The project required setting up a Planned Unit Overlay District, which requires an ordinance.

Council Member Zuber asked why we need to do this if the project has been approved.

Zuidervaart said it is part of our Municipal Code. Planned Unit Developments allows flexibility for the City Council. He said this project includes some items that would not be approved under regular zoning including setbacks.

City Council Page 9 September 13, 2022
Motion to waive the first reading and introduce Ordinance 918 approving Planned Development Overlay District (PUD21-79) for the “Terraces at Bethany” Senior Housing Project.

RESULT: FIRST READING [UNANIMOUS] Next: 10/11/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
Second Reading and Adoption
B. ORDINANCE NO. 916

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 16.88 - "HOME
OCCUPATION PERMIT" OF THE

RIPON MUNICIPAL CODE
This ordinance amends Title 16, Chapter

16.88 “Home Occupation Permit” to
correct a few minor processing
technicalities and update a few of the City
regulations to be more aligned with the
current business environment, while
continuing to protect the integrity of our
residential neighborhoods.

Planning Director Zuidervaart said this is the second reading with the changes requested by Council at the August 9, 2022 City Council Meeting.

Motion to waive the second reading and adopt Ordinance 916 amending Chapter 16.88 - "Home Occupation Permit" of the Ripon Municipal Code.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
Second Reading and Adoption
C. ORDINANCE NO. 917

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 2.08
"ADMINISTRATIVE OFFICER" OF THE

City Administrator Werner said this is the ordinance that cleans up the language in Chapter

2.08 and puts the position of City Engineer under the oversight of the City Administrator.

City Council Page 10 September 13, 2022
Motion to waive the second reading and adopt Ordinance 917 amending Chapter 2.08 "Administrative Officer" of the Ripon Municipal Code.

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

4. DISCUSSION ITEMS
A. LOVE-LOVE RIPON TENNIS FOUNDATION DONATION
Discussion/Action If the City Council is interested in
considering a donation from the LoveLove Ripon Tennis Foundation, staff is recommending that the City Council direct
staff to draft a Memorandum of
Understanding between the City of Ripon
and the Foundation that defines the
responsibilities between the City and the
Foundation to complete a tennis complex
at the Mistlin Sports Park.

City Administrator Werner said the City received a donation application from the LoveLove Ripon Tennis Foundation to donate a tennis complex at Mistlin Sports Park. He said it is typical for the City, when they receive a donation application like this, to create a Memorandum of Understanding (MOU) that clearly defines the roles and responsibilities of each party. Werner said if the City Council is interested in considering this donation, staff would suggest the Council direct Staff to draft an MOU between the City of Ripon and the Love-Love Ripon Tennis Foundation and bring it back for discussion.

Di Quaresma said her family has been here for 20 years and loves to play tennis, but the courts are in disrepair. She said she wants to take action instead of complaining and desires to work in conjunction with the City to build new courts. Quaresma said she loves tennis because it is a sport that can be played for a lifetime. She said her goal is to build courts for the entire community to enjoy. Quaresma said they collected over 200 signatures from community members in support of tennis courts at Mistlin Sports Park.

Alex Lopez said he has been teaching tennis for the City for over 14 years. Lopez said having a tennis facility would be a great possibility for Ripon to become the destination in the Valley for tennis and would be great at connecting the different regions in the Valley. He said tennis teaches life skills, including humility and hard work. Lopez said Ripon is demographically centralized and a facility could bring players from all over California.

Council Member Zuber said he applauds the people behind this project because they are taking action instead of complaining.

City Council Page 11 September 13, 2022
Motion to direct staff to draft a Memorandum of Understanding between the City of Ripon and the Love-Love Ripon Tennis Foundation that defines the responsibilities between the City and the Foundation to complete a tennis complex at the Mistlin Sports Park.

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

REPORTS
Department Heads:

Police Chief Ormonde said the Ripon Police Department will be participating in Coffee with a Cop on October 5, 2022 from 7:00 AM to 9:00 AM and will be at the Ripon Coffee House, Isabel's Vintage Café, Austin Coffee Crafters and McDonalds.

Planning Director Zuidervaart said there will not be a Planning Commission meeting for the month of September.

City Administrator Werner said he provided Council with an update detailing the current Engineering projects within the City. He said Stockton Avenue and Well 19 are finishing up.

Werner said staff is preparing the Vehicle Maintenance Facility on Doak Boulevard to go out to bid. Staff is also preparing the River Road Overlay Project and the three-layer treatment system on other various roads in the Madsen and Wilma Park area to go out to bid.

Werner said in regards to the outdoor seating area at the Senior Center, staff will have an item on the October agenda seeking Council’s approval to order the shade structure.

Werner said the City has an agreement with the San Joaquin Regional Rail Commission to oversee the design of the Multi Modal Station and they are about 60% complete with the design.

Werner said there were 31 water notices in July and 14 in August plus three more for over watering. He said there is a new Water Conservation Coordinator and he will be going through and processing the complaints.

Council Member de Graaf asked about the program about connecting qualifying businesses to the City’s non-potable water system. Werner said the new Water Conservation Coordinator, Kevin Fuller, will be visiting the businesses.

City Council:

Council Member Barton said he wanted to commend the Love-Love Ripon Tennis Foundation for their presentation and enthusiasm and he looks forward to working with them.

Council Member deGraaf said he wanted to echo Barton's sentiments regarding the Love-Love Ripon Tennis Foundation. He said he appreciated people coming to the meeting and expressing their feelings because it makes such a difference when people come to the meetings and speak with Council.

City Council Page 12 September 13, 2022
Kelly Donohue, Chamber of Commerce, said Main Street Day will be October 15, 2022 and the Chamber will be hosting a Candidate’s Forum on October 4, 2022 at 6:00 PM.

Vice Mayor Restuccia said he has neighbors that play pickle ball and he is thinking he may need to try it.

There being no further business, the meeting was adjourned at 6:35 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, AUGUST 09, 2022 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session meeting 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, City Clerk Lisa Roos.

IN THE MATTER OF:
(1) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Unrepresented Employee: Senior Civil Engineer
Return to open session.

City Attorney Terpstra said Council met in closed session for a general discussion regarding the Senior Civil Engineer position and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Rex Rodgers gave the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
Dean Uecker Mayor Present
Michael Restuccia Vice Mayor Present
Leo Zuber Council Member Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
1 Packet Pg. 13
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 2 August 9, 2022
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Kelly Donohue, Michael Ferrara, Keith Newhard, Pete Duyst, Jeff Miller, Mel Mulder, Dave Van Elderen, Henry Meester, 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 Special Ripon City Council meeting of June 9, 2022 and the Regular City Council Meeting of July 12, 2022.

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

1. CITY COUNCIL - SPECIAL MEETING - JUN 9, 2022 1:00 PM

2. CITY COUNCIL - REGULAR MEETING - JUL 12, 2022 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Zuber requested Item 1.3B 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 Packet Pg. 14
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 3 August 9, 2022

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(July 2021 $280,644.05)
FY 2022-23 YTD: $377,139
FY 2021-22 YTD: $280,644
Highway Users Tax
(June 2021 $33,463.86)
FY 2021-22 YTD: $388,885
FY 2020-21 YTD: $353,079
SB1 Street & Road Tax
(July 2021 $28,787.67)
FY 2022-23 YTD: $29,227
FY 2021-22 YTD: $28,788
$377,138.56
$30,411.46
$29,226.62
TOTAL $436,776.64
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
July 2022 $1,212.72
C. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
August 2022 $1,077.81
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – June 2022 $2,649.79
E. BERTOLOTTI DISPOSAL, INC.

Quarterly Franchise Fee Payment – June 2022 $1,291.26
F. GILTON SOLID WASTE MANAGEMENT, INC.

Quarterly Franchise Fee Payment – June 2022 $12,119.63

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
$8,776.25
$442.50
$1,401.25
$1,487.50
$1,548.75

TOTAL $13,656.25
1 Packet Pg. 15
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 4 August 9, 2022
B. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
June Invoice #AR113174 $1,558.10
C. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
2 nd Quarter 2022 - Invoice #Ripon 22Q2 $3,422.90
D. CAVES & ASSOCIATES
Professional Services – Labor Relations
Invoice #22-153 $43.75
E. LIEBERT CASSIDY WHITMORE
Professional Services
Invoice # 222193
Invoice # 222194
$4,564.00
$1,287.00
TOTAL $5,851.00
F. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #53625 $6,777.75
G. LDA
Corporation Yard Design Services
Progress Payment – Invoice #18/622-03-20 $1,000.00
H. D. A. WOOD CONSTRUCTION, INC.

Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #17 $232,485.19
I. SORACCO, INC.

Well 19 Pump Station Project
Progress Payment – Invoice #9 $72,786.15
J. SKW & ASSOCIATES
Design Services for the Senior Center Retrofit Project
Progress Payment – Invoice #205903 $380.00
K. BASECAMP ENVIRONMENTAL, INC.

Environmental Services for the Senior Center Retrofit
Project Payment
Invoice #51832
Invoice #51865
$2,900.00
$2,000.00
TOTAL: $4,900.00
1 Packet Pg. 16
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 5 August 9, 2022
L. BASECAMP ENVIRONMENTAL, INC.

Lower Stanislaus River Multi-Use Trail Project
Environmental Assessment
Progress Payment – Invoice #51912 $5,973.95
M. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
Progress Payment
1st Quarter 2022 - Invoice #1958505 $1,896.00
N. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #27013 $405.00
O. TERRACON CONSULTANTS, INC.

Well 19 Pump Station
Materials Testing & Inspection Services
Progress Payment
Invoice #TH03662
Invoice #TH12040
$512.00
$512.00
TOTAL: $1,024.00

1.3. Resolutions
A. RESOLUTION NO. 22-34

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE TRANSFER

OF CERTAIN MUNICIPAL FUNDS
This resolution authorizes transfers of (1)
Enterprise Operating Funds to Enterprise
Capital Reserve Funds, (2) General Fund
to Landscape Maintenance Districts with
deficits, (3) General Fund to CNG Station
Capital Reserve Fund, and (4) General
Fund to PERS Contingency Fund for the
2021-2022 fiscal year.

B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
C. RESOLUTION NO. 22-35

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING AND ADOPTING THE

MILITARY EQUIPMENT USE

POLICY OF THE RIPON POLICE

DEPARTMENT PURSUANT TO
SECTION 7071 OF THE

GOVERNMENT CODE
This resolution approves and adopts the
Military Equipment Use Policy.
1 Packet Pg. 17
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 6 August 9, 2022

1.4. Miscellaneous Items
A. POLICE DISPATCH SERVICES AGREEMENT
City of Escalon Approve and authorize the Mayor to
sign the amended and restated Dispatch
Services Agreement with City of
Escalon.

B. PARCEL MAP
Parcel Map No. 20-32 Accept Parcel Map No. 20-32 (1302 W.

Santos Avenue) from BayWa r.e., and
authorize the Mayor, City Engineer and
City Clerk to sign for recording.

C. MERCURY STANDARD DISPATCH CONSOLES
Watson Consoles Approve the purchase of six (6)
Mercury Standard Dispatch Consoles
through Watson Consoles in the not to
exceed cost of $102,048.41 (funding
source: General Department Capital
Fund and reimbursed $59,188.08 of the
cost from Escalon and Lathrop).

D. ANNUAL INVESTMENT REPORT REVIEW
July 1, 2021 - June 30, 2022 Accept the City’s annual investment report for the period ending June 30,
2022.

ITEMS PULLED FROM CONSENT
RESOLUTION NO. 22-36

1.3B : A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE TRANSFER OF

CERTAIN MUNICIPAL FUNDS FOR

STREET MAINTENANCE AND

REPAIRS
This resolution authorizes the transfer of
certain street and road revenue to offset the
fiscal year 2021-2022 expense of street and
road maintenance and repairs.

Council Member Zuber said there is still about $5 million in the Streets and Roads accounts and asked if there are plans for those funds. City Administrator Werner said some of the funds are in the Street and Road Operating fund and some in the Street and Road Reserve fund. He said the Street and Road Operating fund does not normally have a balance of $3.5 million, but they were anticipating the Street and Road Operating fund to pay for the Stockton Avenue Reconstruction Project. However, the City was able to secure grant funding and the project cost the City less than $100,000 Street and Road Operating fund. Werner said there is a 3-year plan, which includes $2.8 million of preventative maintenance, such as 3- layer systems and $2.7 million of reconstruction projects including Cobblestone Court and Locust Avenue.
1 Packet Pg. 18
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 7 August 9, 2022
Council Member Barton said the fund transfers are the result of a City that is run in a fiscally conservative fashion. He said the City has been given direction for many years by Councils and we are the beneficiaries of this. Barton said he can think of many cities that would love to have a consent calendar item with a significant amount of money in transfers and he is very appreciative of that.

Motion to approve Item 1.3B Street and Road Funds Transfers.

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

2. RESOLUTIONS
A. RESOLUTION NO. 22-37

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPOINTING AN ALTERNATE TO

THE SAN JOAQUIN COUNCIL OF

GOVERNMENTS' BOARD
Council to appoint a Council Member as an
alternate to the San Joaquin Council of
Governments’ Board.

Council Member Zuber said this issue came up because he is unable to attend the San Joaquin Council of Governments’ Board meeting in August so the City Council needs to appoint an alternate to go in his place. Vice Mayor Restuccia volunteered. Council said they would like to see an alternate appointed next year when the Council appointments are made for the 2023 calendar year.

Motion to approve Resolution 22-37 appointing Vice Mayor Michael Restuccia as the alternate to the San Joaquin Council of Governments’ Board.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
B. RESOLUTION NO. 22-38

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING AND IMPLEMENTING

THE NON-FUNCTIONAL TURF LOAN

PROGRAM
If the City Council would like to offer
loans to non-residential property owners to
comply with the State mandate related to
Non-Functional Turf, staff recommends the
City Council approve the attached
resolution and direct staff to move forward
with implementing the Non-Functional
Turf loan program.
1 Packet Pg. 19
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 8 August 9, 2022
City Administrator Werner said at the July 12, 2022 meeting, the Council passed Resolution 22-29 that set out the State required regulations.

Werner said Council discussed how to implement the State Regulations related to the current drought. In order to help businesses mitigate being unable to irrigate non-functional turf, which creates dry, dead grass and is a potential fire hazard, Council directed Staff to bring back a loan program to assist businesses to connect to the City’s non-potable water.

As a reminder, Werner defined the term Non-Functional Turf as a term used by the State of California for essentially ornamental turf. This program would be for non-residential properties that have grass without trees that is watered with potable water.

Werner reviewed the loan program stating eligible participants are property owners of nonresidential properties within City limits that have non-functional turf greater than 500 square feet. They would be able to apply for the loan to either construct a connection to the City's non-potable water line or to landscape with water efficient landscaping that meets State guidelines. The application process would include submitting a completed application to the City. The Housing and Loan Committee would review and approve the applications.

Werner said a maximum loan amount of $30,000 would be given after the work was completed to the satisfaction of the City. It would have a term of five years and an interest rate of 2%. Payments would be made to the City monthly and the City may record a deed of trust at the time the loan is funded. Staff will work with the Housing and Loan Committee to determine the risk and what securities may be necessary to ensure the funds can be recovered.

Werner said if the property is sold, the loan must be paid before sale. Werner said the penalty for nonpayment would be the maximum as allowed by State law and the City would take the necessary steps to recover the funds after 90 days of nonpayment.

Council Member Zuber said a significant number of properties have reasonable access to the City’s non-potable system. Werner confirmed there are sixteen businesses with nonfunctional turf, nine of them have reasonable access to the City’s non-potable system and the remaining seven would need to modify their landscaping.

Vice Mayor Restuccia said he is glad this came to Council because this mandate came from the State and he does not believe businesses should be penalized for it.

Restuccia asked if Staff spoke to businesses. Werner said they have not but do plan on talking to businesses and letting them know what their options are.

Restuccia said the verbiage of the loan term needs to be in months, not years, and asked if it is fully amortized and will it be 60 months for everyone. Werner confirmed it would be.

Restuccia expressed his concern regarding deed of trusts saying that many business owners will not actually own the property.
1 Packet Pg. 20
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 9 August 9, 2022
Restuccia asked if there will be any underwriting of the businesses to ensure they can make payments. City Attorney Terpstra said it is a challenge because of the cost and time involved.

He said staff is presenting the broad framework of the program and the Housing and Loan Committee would be the right people to sort through some of those issues.

Council Member de Graaf said he would like to encourage businesses to plant trees and then they do not have to worry about having non-functional turf.

Council Member Barton said he would like to see this program be revenue-neutral to the City. He said he is concerned about the proposed fixed interest rate of 2% because we are in a volatile interest rate environment. He would like to see the loan have a London Interbank Offered Rate (LIBOR) with a 2.25% bump and reviewed on an annual basis so the City is loaning money at a rate that is more reflective of the current rate.

Restuccia said we are currently getting about a 1.38% return on our LAIF accounts and asked if staff could tie it to our investment rate so it is revenue neutral. Staff said yes.

Barton said our rate is reflective of triple A risk category and we are talking about lending money to individual businesses that reflect a much higher risk profile so LIBOR with a 2% bump would be a more reasonable rate.

Zuber said we are looking to reinvest the money currently in our water fund into the community so that businesses can continue to operate within these regulations without incurring an exorbitant expense because of something the State has required.

Zuber said income from the 2% rate will come close to covering the time and effort it will take Staff to set the loan up. He said he is not looking to make anything and he does not believe we have lost anything.

Barton said he is not looking to make money, but would like this to be revenue-neutral. The City is not in the business of being a bank and the loan needs to reflect the appropriate risk and he believes LIBOR with a bump attached is a very fair rate.

Restuccia said a small business would need to budget for this and it would be difficult with changing rates.

Motion to approve Resolution 22-38 approving and implementing the Non-Functional Turf Loan Program.

RESULT: ADOPTED [4 TO 1]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf
NAYS: Barton
1 Packet Pg. 21
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 10 August 9, 2022

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

A. CONDITIONAL USE PERMIT AND PLANNED UNIT OVERLAY
The Terraces at Bethany Home
UP21-70 and PUD21-79
This is a public hearing to consider
adopting the Mitigated Negative
Declaration (PEA21-15) and approving
The Terraces at Bethany Conditional Use
Permit (UP21-70) and Planned Unit
Overlay District (PUD21-79) based on the
findings and subject to the conditions in
the staff report.

City Attorney Terpstra said he has a conflict of interest in this item so Attorney Dan Schroeder from Neumiller and Beardslee would be standing in as the City’s Counsel.

Terpstra left the room.

Planning Director Zuidervaart said there has been a request to construct a 107,000 square foot 3-story, 82-unit residential care facility at the corner of Vera and Main. Staff is requesting Council approve the conditional use permit, the planned unit overlay district, and adopt the required CEQA documents. He said the project was recommended for approval at the July 18, 2022 Planning Commission meeting.

Vice Mayor Restuccia said there are many conditions and asked if the applicant has agreed to all of them. Zuidervaart said they have.

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

PUBLIC HEARING CLOSED
Council Member Barton said he is concerned about the parking, even though the spaces exceed the requirements. He said there is one stall for each unit and he hopes there will be many visitors so he would like to know how that would work. Zuidervaart said not every unit will have a car, which will leave parking open for visitors, and there is some on-street parking available on the west side of Vera. He said the traffic report recommends no parking on the east side of Vera.
1 Packet Pg. 22
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 11 August 9, 2022
Motion to adopt the Mitigated Negative Declaration (PEA21-15) and approve The Terraces at Bethany Conditional Use Permit (UP21-70) and Planned Unit Overlay District (PUD21-79).

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
Terpstra returned to the Meeting.

B. ZONING TEXT AMENDMENT
TAZ 22-46 pertaining to Title 16, Chapter

16.88 "Home Occupation Permit".

This is a public hearing to consider a
Zoning Text Amendment to Ripon
Municipal Code Title 16, Chapter 16.88
"Home Occupation Permit".

Planning Director Zuidervaart said the Zoning Text Amendment was approved at the July 18, 2022 Planning Commission meeting. Chapter 16.88 “Home Occupation Permit” was last updated in 2009. Staff cleaned up some processing abnormalities with Business Licenses and Home Occupation Permits. He said staff looked at other cities and what was allowed for Home Occupation Permits. He said there has been an increase in Home Occupation Permits since COVID-19.

Vice Mayor Restuccia asked if the section that refers to clients and students should just use the term clients. Zuidervaart agreed and said staff will make that change.

Restuccia questioned the ammunition sales portion saying that retailers have to perform background checks at the time of the transaction so they are no longer able to do deliveries. Zuidervaart said businesses with Home Occupation Permits should not have retail sales out of their home. People cannot come in to the home and go shopping; they need to have an appointment.

Restuccia said the ordinance lists what is not allowed, but asked what happens if someone applies with a business that is not on either list. Zuidervaart said that is left up to the discretion of the Planning Director and if denied, they can appeal to the Planning Commission.

Council Member Barton asked about items sold to clients in the course of business.

Zuidervaart said that is allowed.

Council Member Zuber asked if this is complaint driven, because some neighbors will not complain but others will and if there are rules, the City needs to enforce them.

Zuidervaart said neighbors are given notice when a Home Occupation Permit is issued. 1 Packet Pg. 23
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 12 August 9, 2022
Barton said the permits are two-year permits and asked if the City keep tracks of this.

Zuidervaart confirmed this.

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

PUBLIC HEARING CLOSED
Motion to approve the language as presented with the changes subject to the discussion that was held.

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

4. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 916

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 16.88 - "HOME
OCCUPATION PERMIT" OF THE

RIPON MUNICIPAL CODE
This ordinance amends Title 16, Chapter

Motion to waive the first reading and introduce Ordinance 916 amending Chapter

16.88 - "Home Occupation Permit" of the Ripon Municipal Code.

RESULT: FIRST READING [UNANIMOUS] Next: 9/13/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Vice Mayor
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton
First Reading and Introduction
B. ORDINANCE NO. 917

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 2.08
"ADMINISTRATIVE OFFICER" OF THE

RIPON MUNICIPAL CODE
This Ordinance amends Chapter 2.08
“Administrative Officer” of the Ripon
Municipal Code in order to include the
position of City Engineer as part of the
scope of the City Administrator’s oversight
obligations.
1 Packet Pg. 24
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 13 August 9, 2022
Motion to waive the first reading and introduce Ordinance 917 amending Chapter 2.08 “Administrative Officer” of the Ripon Municipal Code.

RESULT: FIRST READING [UNANIMOUS] Next: 9/13/2022 6:00 PM MOVER: Michael Restuccia, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

REPORTS
Department Heads:

Police Chief Ormonde said there is an Area of Responsibility meeting for Area 3 on August 10, 2022 at 7:00 PM in the Community Room and everyone is welcome. Sergeant Meece will be there with a presentation.

Recreation Director Stevens said the Recreation Department wrapped up a very successful summer season. He said Movie at the Park was well attended. He said there are over 50 teams for soccer this season. Stevens said the next project is tearing out the tennis courts at the Community Center and replacing them. Staff is currently assembling a bid package.

Planning Director Zuidervaart said there is a Planning Commission meeting on Monday, August 15, 2022. The agenda has three items including a Conditional Use Permit for Ripon Christian; they want to move their bus storage facility to the current H & W Construction yard. Council Member de Graaf asked if they purchased the whole area. Zuidervaart said no, they purchased

1.8 acres. The second item will be a Major Site Plan Review for Ride209 who would like to build next to Les Schwab and third on the agenda is a self-storage facility on East 4th Street.

City Council:

City Administrator Werner said at the July 12, 2022 meeting Council had requested information on water conservation enforcement. He said staff is still compiling information and Director of Public Works Pease will update Council when he returns.

Council Member Barton said Council Member de Graaf and he did Coffee with Council and it was a successful event that allowed people to bring their concerns to a couple of Council Members in an informal setting. He said he believes this should be done a couple times a year.

Barton said he wanted to acknowledge Miss Ripon and said she is a credit to the City. de Graaf said Coffee with Council was a successful event. He encouraged the other Council Members to participate in future Coffee with Council events. de Graaf thanked everyone for being at tonight’s meeting.

Council Member Zuber said he wanted to recognize Chief Ormonde and the Police Department for their work on National Night Out. He said it was well attended and he heard several positive comments from the public.

Zuber commended the staff for the wonderful job they did on the Stockton Avenue project. 1 Packet Pg. 25
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes) City Council Page 14 August 9, 2022
Vice Mayor Restuccia echoed Zuber's sentiments regarding National Night Out and Stockton Avenue.

There being no further business, the meeting was adjourned at 6:56 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 26
Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 27
Attachment: 2022 - 2nd Qtr (3558 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2200006 and 2200006AIssue Date: August 08, 2022Fiscal Year: 2022-2023Collection Period: June 24, 2022 - July 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 15,979 $12,301.39 $7,515.11 $4,984.89 $10,269.58 $0.00 $4,000.00 $39,070.97 $0.00 $39,070.97 $39,070.97

1.1.A.b
Packet Pg. 28
Attachment: fy2223_07hwycityra (3558 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2100519 and 2100519A
Issue Date: August 22, 2022
Fiscal Year: 2021-2022
Collection Period: July 01, 2022 - July 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 16,162 $27,017.41 $327,479.94
1 of 1

1.1.A.c
Packet Pg. 29
Attachment: rmra_cities_remit_2021_aug22 (3558 : State of California)

1.1.B.a
Packet Pg. 30
Attachment: CCATT (3582 : CCATT Holdings)

1.1.C.a
Packet Pg. 31
Attachment: T-MOBILE (3584 : T-MOBILE)

1.1.D.a
Packet Pg. 32
Attachment: Waste Management (3581 : Waste Management)

1.1.D.a
Packet Pg. 33
Attachment: Waste Management (3581 : Waste Management)

1.1.E.a
Packet Pg. 34
Attachment: Charter (3568 : Charter Communications)

1.2.A.a
Packet Pg. 35
Attachment: FY 22-23 - Extra Hours invoice - Ripon 08-10-22 (3559 : City of Stockton) Invoice
Date
8/25/2022
Invoice #
125
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
Emails and calls regarding ADU matter, work on
Notice of Violation and discuss with staff.
7/26/2022 THT 295.00 442.50 1.5
Discuss status of pending projects, Walnut Avenue
ADU, exchange emails with property owner, client,
review emails on Opioid settlement, review and
discuss PARS documents, trust agreement with Lisa.
7/27/2022 THT 295.00 1,180.00 4
Emails to and from client re outside counsel bills,
calls to and from Barringer regarding status of golf
course legal action, email to client re same.
8/1/2022 THT 295.00 368.75 1.25
Calls to Schroeder re coverage of City Council
agenda item, review and discuss landscaping
incentive plan, research ability to lien properties,
meet with Ken regarding Use Permit findings,
changes to RMC.
8/4/2022 THT 295.00 663.75 2.25
Work on revisions to resolution, program docs for
landscaping, discuss with client, work on ordinance
change re city manager, city engineer, discuss with
client.
8/5/2022 THT 295.00 737.50 2.5
Prepare for agenda items, confer with Neumiller
attorney re conflict item, email to client re billing
questions.
8/8/2022 THT 295.00 516.25 1.75
Attend staff meeting, prepare for meeting, attend City
Council meeting and closed session.
8/9/2022 THT 295.00 958.75 3.25
Call to client to review action items from 8-9 Council
meeting conference with client regarding items on
upcoming PC meeting, review Conditions of
Approval for storage project and nexus requirements
pertaining to project.
8/10/2022 THT 295.00 590.00 2
Review emails regarding lien releases, follow up with
client.
8/17/2022 THT 295.00 295.00 1
$5,752.50

1.2.B.a
Packet Pg. 36
Attachment: City Invoices - August 2022 (3576 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2022
Invoice #
126
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
Review new version of Escalon dispatch agreement,
draft and send comments on same, follow up with
client.
8/4/2022 THT 295.00 1.5 442.50
Emails to and from client regarding records request,
grounds for approval of request, discuss with Chief
Ormonde, review request, Police Report, discuss
with client.
8/15/2022 THT 295.00 1.5 442.50
Calls, emails regarding CCW permit application
format, review Supreme Court ruling on same.
8/16/2022 THT 295.00 2.5 737.50
Review two new citations, discuss with client, THT
Jr.
8/24/2022 THT 295.00 1.25 368.75
$4,481.25
6/17/2022 Neumiller & Beardslee Invoice No. 328371 $1,010.00 8/15/2022 Neumiller & Beardslee Invoice No. 330855 $1,480.00

1.2.B.a
Packet Pg. 37
Attachment: City Invoices - August 2022 (3576 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2022
Invoice #
127
Bill To
City of Ripon - Code Enforcement
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 #
1084-006
Total
Date Attorney Description Rate Hours Amount
Confer with client re pending cases, next steps for
Notice of Violation, court filings, research ADU
laws, work on response to homeowner/builder of
illegal ADU.
8/1/2022 THT 295.00 1,032.50 3.5
Confer with client regarding enforcement strategy
and timing for same; call from K. Werner to clarify
process and means for getting compliance.
8/2/2022 THT 295.00 147.50 0.5
Work on final revisions to NOV for NuShake,
discuss revisions and approach to enforcement,
conference with Ken re amendments to ADU laws,
CUP findings language in RMC
8/3/2022 THT 295.00 737.50 2.5
Review docs from Hatch, Building Department,
discuss case strategy and timing with client, work on
chronology for client declarations in support of TRO.
8/8/2022 THT 295.00 885.00 3
Review letter from attorney for property owner,
discuss response and needed information with client,
work on response.
8/25/2022 THT 295.00 442.50 1.5
$3,245.00

1.2.B.a
Packet Pg. 38
Attachment: City Invoices - August 2022 (3576 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2022
Invoice #
128
Bill To
City of Ripon - S.G.M.A.

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 #
1084-213
Total
Date Attorney Description Rate Hours Amount
Review proposed stipulation and comment on same,
follow up with other defendants in case, emails and
calls regarding same.
8/16/2022 THT 295.00 590.00 2
Review and comment on tolling agreement,
numerous calls, emails to and from Keeling,
Magdich, Lucchesi, THT Jr, court staff, draft and
send Remote Telephonic appearance documents,
coordinate document prep and filing.
8/18/2022 THT 295.00 1,106.25 3.75
Review new versions of Tolling Agreement; consult
with co-counsel regarding first appearance, fees and
need for CMC statement; review and discuss
proposed Tolling Agreement with attorneys.
8/19/2022 THT 295.00 663.75 2.25
8/19/2022 VCourt Appearance Fee 96.35 96.35
Further calls to and from Keeling, Kincade, Magdich,
participate in CMC, discuss signature and filing of
Tolling Agreement.
8/21/2022 THT 295.00 221.25 0.75
$2,677.60

1.2.B.a
Packet Pg. 39
Attachment: City Invoices - August 2022 (3576 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2022
Invoice #
129
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
Confer with client regarding PR campaign and
strategy; note to file.
8/18/2022 THT 295.00 147.50 0.5
$147.50

1.2.B.a
Packet Pg. 40
Attachment: City Invoices - August 2022 (3576 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2022
Invoice #
131
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
Emails to and from client regarding need for
ordinance to adopt PUD overlay, brief research on
requirements for same.
8/11/2022 THT 425.00 425.00 1
$425.00

1.2.B.a
Packet Pg. 41
Attachment: City Invoices - August 2022 (3576 : Law Office of Thomas H. Terpstra)

1.2.D.a
Packet Pg. 42
Attachment: Price Paige & Company (3575 : Price Paige & Company)

1.2.E.a
Packet Pg. 43
Attachment: Liebert Cassidy Whitmore Invoice (3573 : Liebert Cassidy Whitmore Bill)

1.2.E.a
Packet Pg. 44
Attachment: Liebert Cassidy Whitmore Invoice (3573 : Liebert Cassidy Whitmore Bill)

1.2.F.a
Packet Pg. 45
Attachment: Invoice AR113233_SJRTD (3565 : SJRTD)
Invoice Date: 8/12/2022
Invoice Number: 2057695
Funds due on 9/15/2022
City of Ripon, California
259 N. Wilma Avenue
Ripon, California 95366
Contact Phone Fax Email
Ms. Lisa Roos (209)-599-2108 (209)-599-2685 [email protected] Account Number: 6711791700
CSCDA WATER 2006 C
Invoice for Debt Service Payment on 10/1/2022
Cusip Maturity
Date
Accrual
Start Date
Accrual End
Date
No. of
Days
Principal Balance Interest
Rate
Interest Principal Premium/
Discount
13077WFS4 10/1/2027 4/1/2022 9/30/2022 180 $2,120,000.00 4.50% $47,700.00 $315,000.00 13077WFT2 10/1/2032 4/1/2022 9/30/2022 180 $2,250,000.00 4.50% $50,625.00 $0.00 $4,370,000.00 $98,325.00 $315,000.00
Interest Due: $98,325.00
Total Principal Due: $315,000.00
Principal Deposit Due:

Credits: ($8.08)
Net Due: $413,316.92

PAYMENT SUMMARY
Total Interest Due: $98,325.00
Total Principal Due: $315,000.00
Total Credits: ($8.08)
TOTAL DUE 9/15/2022 $413,316.92
Notes

WIRING INSTRUCTIONS
US Bank must receive funds prior to 10:30 A.M. CST to
ensure DTCC receives funds prior to their same day settlement deadline of 2:00 P.M. CST. Any payments received by DTCC after the 2:00 P.M. deadline will be allocated the next day.

ABA: 091000022
BBK: U.S. Bank N.A.

A/C: 180121167365
BNF: U.S. Bank Trust N.A.

OBI: 3010754
U.S. BANK CONTACTS

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Attachment: US Bank - 2006 Bonds 10-1-22 Debt Service Invoice (3566 : US Bank - Water and Wastewater Revenue Bonds Series 2006C) Page
2 of 2
Prod Ops
Analyst
Blanca Canizales Email: [email protected] Phone: 213.615.6077 3010754

1.2.G.a
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Attachment: US Bank - 2006 Bonds 10-1-22 Debt Service Invoice (3566 : US Bank - Water and Wastewater Revenue Bonds Series 2006C) Invoice Date: 8/17/2022
Invoice Number: 2060376
Funds due on 10/3/2022
City of Ripon, California
259 N. Wilma Avenue
Ripon, California 95366
Contact Phone Fax Email
Ms. Lisa Roos (209)-599-2108 (209)-599-2685 [email protected] Account Number: 6712004400

CITY OF RIPON
Invoice for Debt Service Payment on 10/1/2022
Cusip Maturity
Date
Accrual
Start Date
Accrual End
Date
No. of
Days
Principal Balance Interest
Rate
Interest Principal Premium/
Discount
767530AK4 10/1/2022 4/1/2022 9/30/2022 180 $230,000.00 2.625% $3,018.75 $230,000.00 767530AL2 10/1/2023 4/1/2022 9/30/2022 180 $235,000.00 3.00% $3,525.00 $0.00 767530AM0 10/1/2024 4/1/2022 9/30/2022 180 $245,000.00 3.00% $3,675.00 $0.00 767530AN8 10/1/2025 4/1/2022 9/30/2022 180 $250,000.00 3.125% $3,906.25 $0.00 767530AP3 10/1/2026 4/1/2022 9/30/2022 180 $260,000.00 3.25% $4,225.00 $0.00 767530AQ1 10/1/2027 4/1/2022 9/30/2022 180 $265,000.00 3.375% $4,471.88 $0.00 $1,485,000.00 $22,821.88 $230,000.00
Interest Due: $22,821.88
Total Principal Due: $230,000.00
Principal Deposit Due:

Credits: ($1.13)
Net Due: $252,820.75

PAYMENT SUMMARY
Total Interest Due: $22,821.88
Total Principal Due: $230,000.00
Total Credits: ($1.13)
TOTAL DUE 10/3/2022 $252,820.75
Notes

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Attachment: US Bank 2012 Water Bond Payments 10.2022 (3567 : US Bank - Water Revenue Bonds Series 2012)

Page 2 of 2 ends

ABA: 091000022
BBK: U.S. Bank N.A.

A/C: 180121167365
BNF: U.S. Bank Trust N.A.

OBI: RIPON2012
U.S. BANK CONTACTS
Prod Ops
Analyst
Melanie Fijan Email: [email protected] Phone: 213-615-6025 Prod Ops
Specialist
Melanie Fijan Email: [email protected] Phone: 213-615-6025 RIPON2012

1.2.H.a
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Attachment: US Bank 2012 Water Bond Payments 10.2022 (3567 : US Bank - Water Revenue Bonds Series 2012) MEMO
To: Honorable City Council
From: Kevin Werner
Date: 9/13/2022
Subject: Invoice 2022-0034_Delta Regional Monitoring Program RECOMMENDED ACTION:

Approve and authorize the annual payment of $5,150 to the Delta Regional Monitoring Program for the City of Ripon’s participation in this program, as required by the City’s State Storm Water Phase II General Permit (funding source: General Fund).

BACKGROUND:

The State Water Resources Control Board (SWRCB) adopted the Phase II Municipal Separate Storm Sewer Systems (MS4s) General Permit in February of 2013, and it took effect on July 1, 2013. The permit was a renewal of the previous MS4 permit which was first adopted in 1999. All cities with a population of over 10,000 fall under the Phase II General Permit requirements. The MS4 General Permit was established under the Clean Water Act which prohibits certain discharges of storm water containing pollutants into national waters without a permit.

The City of Ripon discharges its storm water runoff directly into the Stanislaus River which feeds into the San Joaquin River. Due to certain pollutants within the San Joaquin River, Ripon is required to participate in a water quality monitoring program under the MS4 General Permit. The intent of this required program is to determine the extent of the receiving water problems, what the sources of the water quality problems are and whether or not conditions of the receiving water are getting better or worse.

DISCUSSION/ANALYSIS:

To meet the water quality monitoring element of the MS4 General Permit, the State has forced participation of several municipalities including Ripon into the existing Delta Regional Monitoring Program (Delta RMP) by order of California Water Code Section 13267. The Delta RMP is currently monitoring constituents that are commonly found in storm water runoff including pathogens, mercury, pesticides and their associated toxicity to aquatic organisms. Samples are obtained at locations along the San Joaquin River and Delta waterways. As results from the monitoring efforts are obtained, new measures to help reduce contaminants will be proposed for implementation.

FISCAL IMPACT:

Each municipality will pay an annual fee for participation in the Delta RMP based on population. The City of Ripon falls into the 8,000 – 19,999 population range and will pay an annual fee of $5,150 from the City’s General Fund.

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Attachment: Staff Report 2022.09.13_Delta Regional Monitoring Program (3492 : Delta Regional Monitoring Program)

1.2.I.b
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Attachment: Invoice 2022-0034_Delta Regional Monitoring Program (3492 : Delta Regional Monitoring Program)

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Attachment: Invoice 17437_MCR Engineering - signed (3560 : MCR Engineering)

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Attachment: Invoice 17437_MCR Engineering - signed (3560 : MCR Engineering)

1.2.J.b
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Attachment: Invoice 17450_MCR Engineering (3560 : MCR Engineering)

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Attachment: Invoice 17450_MCR Engineering (3560 : MCR Engineering) BaseCamp Environmental, Inc.
802 West Lodi A venue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
Elizabeth Quilici
City of Ripon
259 N Wilma A venue
Ripon, CA 95366

PROJECT
Ripon River Trail Bio

PERIOD DESCRIPTION
07/31/2022 Principal
07/31/2022 Senior Planner
07/31/2022 WP and
Graphics
07/31/2022 CopiesB&W
07/31/2022 Copies Color

QTY RATE
4 200.00

2.50 165.00
6 100.00
73 0.15
22 0.25
Services through the invoice date. Thank you. We
appreciate your business.

BALANCE DUE
INVOICE # 51940
DATE 07/31/2022
DUE DATE 08/30/2022
TERMS Net 30
AMOUNT
800.00
412.50
600.00

10.95 5.50
$1,828.95

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Attachment: Invoice 51940_Basecamp (3561 : Basecamp Environmental, Inc.)

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Attachment: Invoice 20-002-11_Aspen Survey Company, Inc. - signed (3562 : Aspen Survey Company, Inc.)

INVOICE SUMMARY
CONTRACTOR: Saracco, Inc.

PROJECT: Well 19 Pump Station
PROJECT DESCRIPTION: Installation of a Potable Water Pump Station and Site Improvements necessary to incorporate the well into the City potable water system.

CONTRACT INFORMATION
ORIGINAL CONTRACT AMOUNT: $1,761,590.50
APPROVED CONTRACT CHANGES: -$2,985.46
TOTAL CONTRACT AMOUNT: $1,758,605.04
INVOICE NO: 10
DATE: 8/31/2022

BILLING INFORMATION
PREVIOUSLY BILLED AMOUNT: $1,031,972.35
LESS RETENTION: $51,998.62
PREVIOUSLY PAID AMOUNT: $979,973.73
CURRENT INVOICED AMOUNT: $280,945.00
LESS RETENTION: $14,047.25
CURRENT AMOUNT DUE: $266,897.75
TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $1,312,917.35 LESS RETENTION: $65,645.87
TOTAL PAID TO DATE: $1,247,271.48

INVOICE SUMMARY
The Electrical Service Panel and Motor Control Center (MCC) have been placed in the building. The Portable Generator is nowon-site. The Grading for the secondary containment pit in the Chlorination Room has been installed.

TOTAL PROGRESS
Remaining Contract Amount:

Approx. % Complete:
$445,687.69
75%

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Attachment: Invoice 10_Soracco, Inc (3564 : Soracco, Inc.)

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Attachment: Invoice 27132_WGR (3570 : WGR Southwest, Inc.)

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Attachment: Invoice 53803_Harris & Associates (3571 : Harris & Associates)

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Attachment: Invoice 206015_SKW & Associates (3585 : SKW & Associates)

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Attachment: Invoice 19-622-03-20_LDA (3586 : LDA)

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Attachment: Invoice 18_D.A. Wood Construction, Inc (3563 : D.A. Wood Construction, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 09/13/2022
Subject: ResoluteGuard
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Services Agreement with ResoluteGuard LLC to provide server review services in the annual not to exceed amount of $4,725, to be paid through the Central San Joaquin Valley Risk Management Authority (funding source: General Operating Fund).

BACKGROUND:

The Central San Joaquin Valley Risk Management Authority (CSJVRMA) is our Joint Powers Authority that provides City liability, property, and workers compensation coverage. In addition to these coverages, the CSJVRMA has a number of optional programs, related to mitigating various risks, that its participants can choose. Recently, CSJVRMA has entered into an Agreement with ResoluteGuard to provide members access to ResoluteGuard’s Cyber-Security Continuous Improvement Platform (Platform) at a reduced price.

DISCUSSION/ANALYSIS:

The Platform will perform internal and external security profile assessments to continuously improve the City’s cyber security posture. With the increase in cyber exposures, public entities being one of the most targeted industries, and the insurance market criteria for cyber coverage becoming more stringent, it is going to be imperative for public entities to increase their controls to protect the City from exposure and ensure the City’s ability to maintain/obtain cyber coverage.

According to the CSJVRMA, this will probably not be an optional program in future years because there will be minimal standards that the City will need to meet to be compliant for insurance purposes.

Within this Platform, ResoluteGuard will identify the vulnerabilities and maximize performance to guide against these risks. They also provide employee training and phishing e-mail training. They do scans of our systems every 90 days to see what has changed to look for ways

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for improvements. Working closely with our IT Department, they use a Workflow spreadsheet to track information regarding out backups, firewalls, user protection, data protection and the whole network. Based upon the information they find through the scans, they provide action lists of things that need to be done to resolve/minimize the risks. The program is designed for our individual needs based upon the questionnaires we complete when we are on boarded into their system.

FISCAL IMPACT:

Fiscal impact will be $4,725 for fiscal year 2022/2023, to be paid through the Central San Joaquin Valley Risk Management Authority from the General Operating Fund. This amount includes the CSJVRMA’s 5% administrative fee.

Attachments:

1. ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22

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1 Service Agreement 2022

RESOLUTEGUARD SERVICES AGREEMENT
This Services Agreement (this "Agreement"), dated as of ___________________, 2022 (the "Effective Date"), is entered into by and between RESOLUTEGUARD LLC, a New Jersey limited liability company, with offices located at 417 Crescent Parkway, Sea Girt, New Jersey 08750 ("Service Provider"), and the City of ______________ ("Member"), who is a Member of CSJVRMA as described below.

1. Services. Central San Joaquin Valley Risk Management Association (“RMA”) is a Joint Powers Authority organized under California law and has within its membership California cities to whom it provides multiple liability coverages, property coverages, claim services, and public entity safety programs. Service Provider is in the business of providing cyber risk management services to local government agencies. Service Provider shall provide certain services relating to Service Provider’s “Cybersecurity Risk Management Program” (the "Services") to Member as set forth in Exhibit A, which is attached hereto and incorporated as if set forth fully herein.

2. Fees and Expenses. For the Services to be performed hereunder, RMA shall pay to Service Provider, on behalf of the Member the fixed fee for member city as set forth in that certain Payment Agreement by and between Service Provider and RMA dated September 1, 2022(the “Payment Agreement”) (collectively, the "Fees"), a copy of which is attached and incorporated herein. RMA will invoice members their respective fee plus a 5% administration charge.

3. Member’s Obligations. Member represents and warrants to Service as follows:

3.1 Member will cooperate with Service Provider in all matters relating to the Services and appoint a Member employee to serve as the primary contact with respect to this Agreement and who will have the authority to act on behalf of Member with respect to matters pertaining to this Agreement (the “Member Contract Manager”). Service Provider will be entitled to rely upon directions and guidance from the Member Contract Manager until Service Provider is affirmatively made aware of a change of status of the Member Contract Manager;

3.2 Member shall ensure that Service Provider has such access to Member’s equipment and networks (collectively, the “Environment”) as may reasonably be requested by Service Provider for the purposes of performing the Services. Without limiting the generality of the foregoing, Member hereby grants to Service Provider the right to monitor, diagnose, communicate with, retrieve information from, and otherwise access the Member’s Environment to enable Service Provider to provide the Services. Member acknowledges that Service Provider may be required to install one or more software agents into Member’s Environment through which such access may be enabled;

3.3 Member shall respond promptly to any Service Provider request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Service Provider to perform Services in accordance with the requirements of this Agreement. It being understood that if Service Provider’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Member, its agents, subcontractors, consultants, or employees, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Member, in each case, to the extent arising directly or indirectly from such prevention or delay;

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 2 ResoluteGuard Service Agreement 2022

3.4 Member shall comply fully with all reasonable specifications, rules, regulations, and policies governing the Services provided to Member by Service Provider. Such rules, regulations and policies shall be subject to change from time to time but only upon written agreement between Member and Service Provider;

3.5 Member, and not Service Provider, is responsible for Member’s own compliance with all applicable laws, including all confidentiality and security requirements, including, but not limited to such requirements of the FERPA, HIPAA, and the USA Patriot Act. The Services are intended, and will be used, to assist Member in making progress toward full regulatory compliance with any law, rule, regulation, or requirement that may be applicable to Member’s business or operations. The Services may aid Member’s efforts to fulfill regulatory compliance; however, the Services are not (and should not be used as) as a compliance solution;

3.6 Service Provider may provide Member with specific advice and directions related to the Services (“Advice”). Member is strongly advised to follow Advice which, depending on the situation, may require Member to make additional purchases or investments in its Environment at its sole cost. Member acknowledges and agrees that Service Provider is not responsible for any problems or issues (such as downtime or security-related issues) caused by Member’s failure to promptly follow Advice. If, in Service Provider’s discretion, Member’s failure to follow Advice renders part or all of the Services economically or technically unreasonable to provide, then Service Provider may terminate all or a portion of the Services;

4. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product and other materials that are delivered to Member under this Agreement or prepared by or on behalf of Service Provider in the course of performing the Services (collectively, the "Deliverables") except for any Confidential Information of Member or Member-provided materials shall, as between Member and Service Provider, be owned exclusively by Service Provider. Service Provider hereby grants Member a license (or if applicable, a sublicense) to use all Intellectual Property Rights in the Deliverables free of additional charge (other than the Fees) and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis, solely to the extent necessary to enable Member to make reasonable use of the Deliverables and the Services.

5. Confidentiality. From time to time during the Term of this Agreement, either party (as the "Disclosing Party") may disclose or make available to the other party (as the "Receiving Party"), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as "confidential," or if disclosed orally, is identified as confidential when disclosed and within 10 days thereafter, is summarized in writing and confirmed as confidential ("Confidential Information"); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party's breach of this Section 5; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 3 ResoluteGuard Service Agreement 2022
Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party's sole cost and expense, a protective order or other remedy. For purposes of this Section 5 only, Receiving Party's Group shall mean the Receiving Party's affiliates and its or their employees, officers, directors, shareholders, partners, members, managers, agents, independent contractors, service providers, sublicensees, subcontractors, attorneys, accountants, and financial advisors.

Provided however, this Section 5 shall not prohibit or otherwise prevent Service Provider from extracting, compiling, synthesizing, and analyzing data provided by Member to Service Provider in connection with the delivery of the Services to the extent such data or information does not identify or is otherwise attributable to Member and/or the RMA’s operations, systems, networks, or any person.

6. Term. This Agreement shall commence as of the Effective Date and, unless sooner terminated as provided in this Agreement, shall remain in full force and effect through the next June 30after which the term shall automatically renew for additional 12-month periods unless a party provides written notice to the other party no later than the May 31st prior to the expiration of the then current Term of that party’s intention to not renew this Agreement. In the event of termination, under any provision of this Agreement, Service Provider shall provide any services required to be performed under the Agreement which have been funded by the RMA pursuant to the Payment Agreement.

7. Termination. Either party may terminate this Agreement, effective upon written notice to the other party (the "Defaulting Party"), if the Defaulting Party: (a) materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 30 days after receipt of written notice of such breach; (b) becomes insolvent or admits its inability to pay its debts generally as they become due; (c) becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 days after filing; (d) is dissolved or liquidated or takes any corporate action for such purpose; (e) makes a general assignment for the benefit of creditors; or (f) has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

Notwithstanding anything to the contrary in this section, Service Provider may terminate this Agreement before the expiration date of the Term on written notice if RMA fails to pay any amount when due under the Payment Agreement.

8. Termination Without Cause. Either party may terminate this Agreement for any reason at any time, without penalty, by giving the other party sixty (60) days advance written notice.

9. Independent Contractor. The details of the method and manner for performance of the Services by Service Provider shall be under its own control, Member being interested only in the

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 4 ResoluteGuard Service Agreement 2022
results thereof. The Service Provider shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of the Services. Nothing in this Agreement shall give Member (or RMA) the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. Service Provider is for all purposes hereunder an independent contractor and in no event will Service Provider be considered an agent or employee of Member or RMA or any of their subsidiaries or affiliates for any purpose.

10. Limited Warranty. Service Provider warrants that it shall perform the Services, which includes the delivery of a vulnerability assessment to Member, in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. SERVICE PROVIDER (a) MAKES NO WARRANTIES EXCEPT FOR THAT SET OUT ABOVE; AND (b) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Service Provider makes no representations or warranties with respect to any third party software or Deliverables provided to Member with respect to the Services, nor does Service Provider provide to Member any representations, warranties, assurances or promises that Member’s operations during or following the delivery of the Services will meet any or all regulatory compliance requirements (or other requirements of applicable laws). Service Provider's sole and exclusive liability and Member's sole and exclusive remedy for breach of the limited warranty set out in this Section shall be reperformance of the affected Services. If Service Provider cannot reperform the Services in compliance with the warranty set forth above within a reasonable time (but no more than 30 days) after Member's written notice of such breach, Member may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 7. Service Provider shall not have any obligation to refund to Member or RMA any portion of the fees previously paid by RMA as of the date of termination corresponding to the defective Services.

11. Limitation of Liability. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO

MEMBER OR TO ANY THIRD PARTY (INCLUDING ANY MEMBER) FOR ANY LOSS OF

USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR

ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR

PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH

DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

SERVICE PROVIDER'S SOLE LIABILITY ARISING OUT OF OR RELATED TO THIS

AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,

TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE AS SET FORTH IN SECTION 10 ABOVE.

12. Insurance:
i. Commercial General Liability
a. Service Provider shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) aggregate for bodily injury, personal injury, and property damage,

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 5 ResoluteGuard Service Agreement 2022
including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Service Provider’s general liability policies shall be primary and shall not seek contribution from Member’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Member and its officers, officials, employees, and agents shall be additional insureds under such policies. b. Any failure to comply with reporting provisions of the policies by Service Provider shall not affect coverage provided to Member.
c. Coverage shall state that Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of Member. ii. Business Automobile Liability
a. Service Provider shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident. iii. Workers’ Compensation and Employers’ Liability
a. Service Provider shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Service Provider shall submit to Member, along with the certificate of insurance, a waiver of subrogation endorsement in favor of Member, its officers, agents, employees, and volunteers.
iv. Technology Professional Liability
a. (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
v. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to Member, except that ten

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 6 ResoluteGuard Service Agreement 2022
(10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by Member.
c. Evidence of Insurance - Prior to commencement of work, Service Provider shall furnish Member with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

Service Provider must agree to provide complete, certified copies of all required insurance policies if requested by Member.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

13. Indemnification: To the fullest extent permitted by law, Service Provider shall hold harmless, defend at its own expense, and indemnify Member and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from Member’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

14. Choice of Law. This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims are governed by, and construed in accordance with the laws of California, without giving effect to any conflict of the laws provisions thereof that would result in the application of the laws of a different jurisdiction.

15. Entire Agreement. This Agreement and any attached exhibits or schedules constitute the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.

16. Severability. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.

17. Amendment. The parties may not amend this Agreement except by written instrument signed by the parties.

18. Waiver. No waiver of any right, remedy, power, or privilege under this Agreement ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver.

No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise.

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19. Assignment. Neither party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or involuntarily, including by change of control, merger (whether or not such party is the surviving entity), operation of law, or any other manner, without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors, and permitted assigns, there are no third-party beneficiaries under this Agreement (including Members).

20. Miscellaneous. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination for the period specified therein, or if nothing is specified for a period of 12 months after such expiration or termination. This Agreement may be executed in counterparts.

21. Dispute Resolution. Any proceedings to enforce the terms of this Agreement shall be commenced solely in the Superior Court for the State of California in the County within which the Member is located, or, if the court lacks jurisdiction over the subject matter, in the United States District Court for the Eastern District of California.

22. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of RMA to make payments to Service Provider under the Payment Agreement), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue.

The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of ten (10) consecutive days following written notice given by it under this Section, either party may thereafter terminate this Agreement upon 10 days' written notice.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date by their respective officers thereunto duly authorized.

RESOLUTEGUARD LLC
By__________________________________
Name: Jeffrey Schobel
Title: CEO
[CSJVRMA Member]
By___________________________________
Name:

Title:

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 9 ResoluteGuard Service Agreement 2022

EXHIBIT A

Cyber-insurance Action Plan (CAP) and Assessments Results Web Meeting to review CAP and Assessment Results
Provides fact-based recommendations and responses to Insurance Questionnaire Step by Step Action Plans prioritized by risk of loss occurrence -User Assignment
-Help/Support Documentation
-Align Policy and Solution Activities
Review Assessment Reports
Prioritize Network Action Plan by risk of potential loss occurrence Network Management Plan
-User-Friendly Detailed Remedial Actions
Consolidated Risk Report
-Network Security Summary
-Create Inventory Management Summary
-Establish Network Documentation
Review Excel Export
-Server Aging Report
-Workstation Aging Report
-Includes: Discovery Tasks, User Information, Disc Capacity, and more Policies and Procedures
Per insurance and NIST Requirements
Prioritize Policy Action Plan for Documenting Best Practices -Support for modifying policy templates
-Align Policy creation and Solution Activities

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 10 ResoluteGuard Service Agreement 2022
Each Subsequent 90 Day Comprehensive Internal/External Assessment Cyber-insurance Action Plan (CAP) and Assessment Results Web Meeting to review CAP and Assessment Results
Step by Step Action Plans re-prioritized by risk of loss occurrence -User Assignment
-Help/Support Documentation
-Re-align Policy and Solution Activities
Review Assessment Reports
Re-prioritize Network Action Plan by risk of potential loss occurrence -Review Change and Progress Reports
Network Management Plan
-User-Friendly Detailed Remedial Actions
-Change and Progress
Consolidated Risk Report
-Network Security Summary
-Updated Inventory Management Summary
-Updated Network Documentation
-Change and Progress
Review Excel Export
-Server Aging Report
-Workstation Aging Report
-Includes: Discovery Tasks, User Information, Disc Capacity & more -Change and Progress
Policies and Procedures
Per insurance and NIST-CSF Requirements
Re-prioritize Policy Action Plan for Documenting Best Practices -Support for modifying policy templates
-Align Policy Creation and Solution Activities
NIST CSF Compliance
Continue to Fill out additional questionnaires to achieve full NIST-CSF Compliance -Complete Inventory worksheet
-Complete User Access worksheet
-Complete External Port Use worksheet
-Complete NIST Category worksheets-Identify; Protect; Detect; Respond; Recover

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 1 ResoluteGuard Payment Agreement 2022

RESOLUTEGUARD PAYMENT AGREEMENT
This Payment Agreement (this "Agreement"), dated as of September 1, 2022 (the "Effective Date"), is entered into by and between RESOLUTEGUARD LLC, a New Jersey limited liability company, with offices located at 417 Crescent Parkway, Sea Girt, New Jersey 08750 ("Service Provider"), and Central San Joaquin Valley Risk Management Authority (“RMA”), a California Joint Powers Authority established and operating pursuant to California Government Code section 6500, et seq.

WHEREAS, RMA is a joint powers authority established pursuant to the California Government Code whose membership constitutes multiple cities, located within the California San Joaquin Valley. RMA provides multiple liability coverages, claims services, and safety programs for the member cities.

WHEREAS, Service Provider is in the Business of providing Cyber Risk Management Program Services to local government agencies.

WHEREAS, RMA wishes to provide its members with the option to obtain Cyber Risk Management Services in conjunction with the liability and property coverages it provides to members.

WHEREAS, Service Provider has agreed to provide Cyber Risk Management Services to members of RMA and is qualified and has all necessary licenses under Federal and State law to conduct its business and provide its services in the state of California.

The parties agree as follows:

1. Services. RMA is a network of municipal governments (collectively the “Members”). As a benefit with respect to Members’ membership with RMA, RMA has requested, and Service Provider has agreed, to provide certain services to all Members who choose to subscribe to Service Provider’s “Cybersecurity Risk Management Program” (the "Services"), as further set forth in the Service Agreements by and between Service Provider and subscribing Members as further described on Schedule A (the “Member Schedule”), which is incorporated as if set forth fully herein. Any RMA member who opts for services provided by Service Provider will enter into separate contracts with Service Providers. RMA shall, by way of this Payment Agreement, provide payments to Service Provider on behalf of RMA member cities who decide to enter into contracts with Service Provider.

2. Fees and Payment. Throughout the term of this Agreement, RMA shall be obligated to pay to ResoluteGuard, LLC as outlined in Exhibit B, the fees charged by Service Provider for services provided to the Members of RMA.

3. Confidentiality; No Control. RMA agrees and understands that unless Member gives written direction and permission to discuss all or a portion of the Services with RMA, Service Provider will not disclose any information deemed “Confidential Information” of Members under the Service Agreements. RMA has no rights in the Services and/or its delivery to Member. Nothing in this Agreement shall give RMA the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. Service Provider is an independent contractor of Members and in no event will Service Provider be considered an agent or employee of Members or RMA or any of its subsidiaries or affiliates for any purpose.

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 2 ResoluteGuard Payment Agreement 2022

4. Term. This Agreement shall commence as of the Effective Date and will remain in full force and effect while any Service Agreement with a member city remains outstanding, or unless terminated pursuant to the provisions below. In the event of termination, Service Provider shall continue to provide services to any member city who has in place an existing contract which has been fully executed and funded under this Agreement.

5. Termination for Breach or Cause. Either party may terminate this Agreement for cause, effective upon 30 days written notice to the other party (the "Defaulting Party"), if the Defaulting Party: (a) materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 30 days after receipt of written notice of such breach; (b) becomes insolvent or admits its inability to pay its debts generally as they become due; (c) becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 days after filing; (d) is dissolved or liquidated or takes any corporate action for such purpose; (e) makes a general assignment for the benefit of creditors; or (f) has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. Notwithstanding anything to the contrary in this section, Service Provider may terminate this Agreement before the expiration date of the Term on written notice if RMA fails to pay the Fees when due hereunder any agreement by and between RMA and Service Provider.

6. Termination Without Cause. Either party may terminate this Agreement for any reason at any time, without penalty, by giving the other party sixty (60) days advance written notice. Any fees paid in advance will be returned on a pro rata basis, except for the first year of a Members Service Agreement where it will be prorated less an initial $1,250 activation fee. The activation fee shall apply to year one only.

7. Duty of Cooperation. Each of the parties hereto shall use commercially reasonable efforts to, from time to time at the request and sole expense of the other party, furnish the other party such further information or assurances, execute and deliver such additional documents, instruments, and conveyances, and take such other actions and do such other things, as may be reasonably necessary or appropriate to carry out the provisions of this Agreement and give effect to the transactions contemplated hereby. Each party shall deliver all communications in writing either in person, by certified or registered mail, return receipt requested and postage prepaid, by facsimile or email (with confirmation of transmission), or by recognized overnight courier service, and addressed to the other party at the addresses set forth below.

8. Insurance:
i. Commercial General Liability
a. Service Provider shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Service Provider’s general liability policies shall be primary and shall not seek contribution from RMA’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to

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provide that RMA and its officers, officials, employees, and agents shall be additional insureds under such policies.
b. Any failure to comply with reporting provisions of the policies by Service Provider shall not affect coverage provided to RMA.
c. Coverage shall state that Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of RMA. ii. Business Automobile Liability
a. Service Provider shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident. iii. Workers’ Compensation and Employers’ Liability
a. Service Provider shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Service Provider shall submit to RMA, along with the certificate of insurance, a waiver of subrogation endorsement in favor of RMA, its officers, agents, employees, and volunteers.
iv. Technology Professional Liability (Errors and Omissions) a. Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
v. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to RMA, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by RMA.

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c. Evidence of Insurance - Prior to commencement of work, Service Provider shall furnish RMA with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. Service Provider must agree to provide complete, certified copies of all required insurance policies if requested by RMA.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

9. Indemnification: To the fullest extent permitted by law, Service Provider shall hold harmless, defend at its own expense, and indemnify RMA and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from RMA’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

10. Choice of Law. This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims are governed by, and construed in accordance with the laws of California, without giving effect to any conflict of the laws provisions thereof that would result in the application of the laws of a different jurisdiction.

11. Entire Agreement. This Agreement and any attached exhibits or schedules constitute the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.

12. Severability. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.

13. Amendment. The parties may not amend this Agreement except by written instrument signed by the parties.

14. Waiver. No waiver of any right, remedy, power, or privilege under this Agreement ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver.

15. Assignment. Neither party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or involuntarily, including by change of control or merger (whether or not such party is the surviving entity) by operation of law, or any other manner, without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for

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the parties, their successors, and permitted assigns, there are no third-party beneficiaries under this Agreement (including Members).

16. Miscellaneous. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination for the period specified therein, or if nothing is specified for a period of 12 months after such expiration or termination. This Agreement may be executed in counterparts.

17. Dispute Resolution. Any proceedings to enforce the terms of this Agreement shall be commenced solely in the Superior Court for the State of California, or, if the court lacks jurisdiction over the subject matter, in the United States District Court for the Eastern District of California.

18. Notice. Any notices to be provided by any party to this Agreement shall be made in writing, signed by an authorized signatory, and shall be deemed given upon receipt if personally delivered, sent by overnight mail by USPS or commercial service with confirmed delivery, or sent by certified mail (return receipt requested) addressed as follows:

To: RESOLUTEGUARD LLC To: CSJVRMA
Jeff Schobel Jeanette Workman
Chief Executive Officer Administrator
417 Crescent Parkway 1750 Creekside Oaks Dr., Ste 200
Sea Girt, NJ 08750 Sacramento, CA 95833
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date by their respective officers thereunto duly authorized.

RESOLUTEGUARD LLC
By_____________________________________
Name: Jeffrey Schobel
Title: CEO
Central San Joaquin Valley Risk
Management Authority
By_____________________________________
Name: Jeanette Workman
Title: Administrator

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SCHEDULE A
Subscribing Members will receive the following:

DESCRIPTION OF SERVICES
Comprehensive Internal/External Assessment and Improvement Based on NIST-CSF Controls
Web Meeting to Outline Onboarding and Setup for assessment software installation -Analyze submitted insurance renewal questionnaire
-Discuss assessment information requirements
-Screenshare with Technical staff to implement scanning software -Share best practices for optimal scanning results
Cyber-insurance Action Plan (CAP) and Assessments Results Web Meeting to review CAP and Assessment Results
Provides fact-based recommendations and responses to Insurance Questionnaire Step by Step Action Plans prioritized by risk of loss occurrence -User Assignment
-Help/Support Documentation
-Align Policy and Solution Activities
Review Assessment Reports
Prioritize Network Action Plan by risk of potential loss occurrence Network Management Plan
-User-Friendly Detailed Remedial Actions
Consolidated Risk Report
-Network Security Summary
-Create Inventory Management Summary
-Establish Network Documentation
Review Excel Export
-Server Aging Report
-Workstation Aging Report
-Includes: Discovery Tasks, User Information, Disc Capacity, and more Policies and Procedures
Per insurance and NIST Requirements
Prioritize Policy Action Plan for Documenting Best Practices -Support for modifying policy templates
-Align Policy creation and Solution Activities

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 7 ResoluteGuard Payment Agreement 2022
Each Subsequent 90 Day Comprehensive Internal/External Assessment Cyber-insurance Action Plan (CAP) and Assessment Results Web Meeting to review CAP and Assessment Results
Step by Step Action Plans re-prioritized by risk of loss occurrence -User Assignment
-Help/Support Documentation
-Re-align Policy and Solution Activities
Review Assessment Reports
Re-prioritize Network Action Plan by risk of potential loss occurrence -Review Change and Progress Reports
Network Management Plan
-User-Friendly Detailed Remedial Actions
-Change and Progress
Consolidated Risk Report
-Network Security Summary
-Updated Inventory Management Summary
-Updated Network Documentation
-Change and Progress
Review Excel Export
-Server Aging Report
-Workstation Aging Report
-Includes: Discovery Tasks, User Information, Disc Capacity & more -Change and Progress
Policies and Procedures
Per insurance and NIST-CSF Requirements
Re-prioritize Policy Action Plan for Documenting Best Practices -Support for modifying policy templates
-Align Policy Creation and Solution Activities
NIST CSF Compliance
Continue to Fill out additional questionnaires to achieve full NIST-CSF Compliance -Complete Inventory worksheet
-Complete User Access worksheet
-Complete External Port Use worksheet
-Complete NIST Category Worksheets-Identify; Protect; Detect; Respond; Recover

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) 8 ResoluteGuard Payment Agreement 2022

SCHEDULE B
Service Provider shall provide the services to each member city who elects to enter into a Service Agreement based on the following terms and upon the fee for each member as set forth herein.

As of the effective date of this Agreement, Service Provider shall bill RMA a fee based on the Members who entered into a Services Agreement and monthly thereafter for any new Members who enter into mid-year Services Agreement. RMA will pay the costs set forth pursuant to the pricing schedule (the “Price Schedule”) adjusted for each Member who decides to obtain services related to the Program based on actual number of member devices to be determined on the first screening of each contract term conducted by Service Provider. Fees for Members entering mid-year contracts for the first year, shall be $1,250 for activation, with the remaining amount to be prorated based on a July 1 to June 30 fiscal year.

For all subsequent years, Service Provider shall bill RMA no later than July 1st for Members who have entered into a Services Agreement and monthly thereafter plus an initial year $1,250 activation fee for any new Members who enter into mid-year first year Services Agreements, with the remaining amount to be prorated based on a July 1 to June 30 fiscal year.

RMA shall pay within 45 days unless a conflict is identified in writing. Invoices should be emailed to [email protected] and [email protected].

RMA will be exclusively responsible for the payment of any and all fees due under or in connection with this Agreement, and Service Provider will not bill individual Members.

These fees are based upon the number of devices which are estimated based on employees of each member city, as designated below. The fee schedule will be updated based on the actual number of Member devices to be determined on the first screening of each contract term conducted by Service Provider. These calculations reflect fees on the following number of devices:
# of Devices 2022/23 2023/24
1 - 250 $4,500 $3,250
251 - 500 $5,650 $4,400
501 - 750 $6,800 $5,550
751 - 1000 $7,950 $6,700
1000 - 2150 $9,100 $7,800

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ESTIMATED #

DEVICES
BASED

ON EMPLOYEE RESOLUTEGUARD RESOLUTEGUARD

CENSUS FROM FEE PER MEMBER FEE PER MEMBER
MEMBER
CITY: 2022/23 BUDGET 2022/23 2023/24

1 ANGELS 46 4,500 3,250
2 ARVIN 61 4,500 3,250
3 ATWATER 94 4,500 3,250
4 AVENAL 56 4,500 3,250
5 CERES 195 4,500 3,250
6 CHOWCHILLA 111 4,500 3,250
7 CLOVIS 1133 9,100 7.850
8 CORCORAN 72 4,500 3,250
9 DELANO 213 4,500 3,250
10 DINUBA 146 4,500 3,250
11 DOS PALOS 40 4,500 3,250
12 ESCALON 60 4,500 3,250
13 EXETER 49 4,500 3,250
14 FARMERSVILLE 57 4,500 3,250
15 FIREBAUGH 64 4,500 3,250
16 FOWLER 42 4,500 3,250
17 GUSTINE 60 4,500 3,250
18 HUGHSON 23 4,500 3,250
19 HURON 30 4,500 3,250
20 KERMAN 111 4,500 3,250
21 KINGSBURG 126 4,500 3,250
22 LATHROP 99 4,500 3,250
23 LEMOORE 173 4,500 3,250
24 LINDSAY 57 4,500 3,250
25 LIVINGSTON 74 4,500 3,250
26 LOS BANOS 221 4,500 3,250
27 MADERA 275 5,650 4,400
28 MARICOPA 11 4,500 3,250
29 MCFARLAND 60 4,500 3,250
30 MENDOTA 51 4,500 3,250
31 MERCED 573 6,800 5.550
32 NEWMAN 105 4,500 3.250
33 OAKDALE 118 4,500 3.250
34 ORANGE COVE 53 4,500 3,250
35 PARLIER 71 4,500 3,250
36 PATTERSON 268 5,650 4,400
37 PORTERVILLE 342 5,650 4,400
38 REEDLEY 258 5,650 4,400

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39 RIPON 131 4,500 3,250
40 RIVERBANK 68 4,500 3,250
41 SAN JOAQUIN 15 4,500 3,250
42 SANGER 158 4,500 3,250
43 SELMA 146 4,500 3,250
44 SHAFTER 145 4,500 3,250
45 SONORA 67 4,500 3,250
46 SUTTER CREEK 26 4,500 3,250
47 TAFT 53 4,500 3,250
48 TEHACHAPI 89 4,500 3,250
49 TRACY 524 6,800 5,550
50 TULARE 437 5,650 4,400
51 TURLOCK 553 6,800 5,550
52 WASCO 64 4,500 3,250
53 WATERFORD 24 4,500 3,250
54 WOODLAKE 31 4,500 3,250

TOTAL 8129 $260,250

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Attachment: ResoluteGuard Services Agreement_CSJVRMA with Payment Agreement Attached 9.6.22 (3579 : ResoluteGuard) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 09/13/2022
Subject: Partial Assignment and Assumption Agreement - Periera RECOMMENDED ACTION:

Consent to the Assignment and Assumption Agreement allowing Ray and Pam Davidson 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 August 29, 2022 the City received a request to assign the Miller’s portion of the Development Agreement to Ray and Pam Davidson, 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 Davidson

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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”) the “2005 Davidson Family Trust” (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.

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Attachment: Assignment and Assumption of DA - Miller to Davidson (3577 : 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.B.a
Packet Pg. 88
Attachment: Assignment and Assumption of DA - Miller to Davidson (3577 : 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”
2005 Davidson Family Trust
Dated: _____________________ By: ______________________________________ Ray Davidson
Dated: _____________________ By: ______________________________________ Pam Davidson

1.3.B.a
Packet Pg. 89
Attachment: Assignment and Assumption of DA - Miller to Davidson (3577 : 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: DEPUTY CITY ATTORNEY
By: ________________________________
Thomas H. Terpstra Jr.

Dated: ____________________, 2022

1.3.B.a
Packet Pg. 90
Attachment: Assignment and Assumption of DA - Miller to Davidson (3577 : Partial Assignment and Assumption Agreement - Periera) 5 1.3.B.a
Packet Pg. 91
Attachment: Assignment and Assumption of DA - Miller to Davidson (3577 : Partial Assignment and Assumption Agreement - Periera) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 09/13/2022
Subject: Well 19 Pump Station Change Order 3
RECOMMENDED ACTION:

Approve Change Order No. 3 for the installation of a generator tap box needed to power the well site with a portable generator and for the abandonment of two agriculture wells no longer in use in the not to exceed amount of $86,012.23 (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 January 11, 2022 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $8,865.33 for the demolition of existing 10-inch irrigation line and increase in materials and labor to install the new 10-inch irrigation line.

At the May 20, 2022 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of -$11,850.79 for replacing an existing water valve, adjusting for existing utility conflicts, upgrading building doors and decreasing the overall size of the wellsite.

DISCUSSION:

The design of the pump station was modified from a stationary emergency backup generator to a portable generator to provide additional flexibility during a power outage. The electrical plan sheet was not modified to include a generator tap box with camlock electrical connectors, which is required to connect the portable generator. This change order includes $6,397.23 for the materials and labor to incorporate the generator tap box as part of the contract.

1.3.C
Packet Pg. 92
Two agricultural irrigation wells that no longer are being used are located within 1,500 feet from Well 19. One of these wells is located on the City property to the west of the well site and the other is located on the private parcel located on the north-east corner of Jack Tone Road and River Road. Staff is recommending both wells be abandoned per San Joaquin well demolition standards to protect the water quality at Well 19. The contract change for this work is $79,615.00.

FISCAL IMPACT:

The attached Change Order No. 3 is in the amount of $86,012.23 and will be funded through the Water Enterprise Capital Fund.

Attachments:

1. CCO3_Soracco, Inc

1.3.C
Packet Pg. 93

CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 3 DATE: 9/13/2022
PROJECT: Well 19 Pump Station SHEET 1 OF 1 SHEETS
TO: Soracco, Inc.

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

Description Cost
Addition of the following items:

1. Cost for labor and materials to install Generator Tap Box. $6,397.23

2. Cost for Well Abandonment #1 $39,807.50

3. Cost for Well Abandonment #2 $39,807.50
Total: $86,012.23
Estimated Cost: Increase
Approval Recommended: Date:

Approved: Date:

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

All work shall be in accordance with City Standards.

Approval Chief - Dean Uecker
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$86,012.23
Approval Senior - Kevin Werner
By reason of this order the time of completion will be adjusted as follows: Pursuant to Calendar Day Statements Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.

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

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

Change requested by the Engineer.

1.3.C.a
Packet Pg. 94
Attachment: CCO3_Soracco, Inc (3580 : Well 19 Pump Station Change Order 3)

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Attachment: Bank of Stockton semi-annual fee invoice 2022.08 (3572 : Bank of Stockton)

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Attachment: Bank of Stockton semi-annual fee invoice 2022.08 (3572 : Bank of Stockton)

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Packet Pg. 97
Attachment: Bank of Stockton semi-annual fee invoice 2022.08 (3572 : Bank of Stockton) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 09/13/2022
Subject: Investment Policy for 115 Trust with Highmark Capital Management RECOMMENDED ACTION:

This resolution adopts and authorizes the Mayor to sign the Investment Guidelines Document for the City of Ripon’s 115 Trust Plan with PARS. This “investment policy” is written by HighMark Capital Management who is the investment advisor for Trustee of our Plan, US Bank.

BACKGROUND:

Staff presented the Pension Rate Stabilization Program to the City Council at the May 10, 2022 City Council meeting and recommended to move forward with PARS to administer this Section 115 Trust. Below is a summary of the benefits of a 115 Trust Plan:
 It is 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.  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 following steps were outlined as the steps to take in order to get the Trust established and monies deposited.

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. Completed: June 14, 2022

2.A
Packet Pg. 98

2. June 2022 – October 2022: PARS will assist staff in surveying the Council for input to help establish the Investment Policy. Completed: July/August 2022

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.

DISCUSSION/ANALYSIS:

Based upon the results of the survey of the City Council in July/August 2022, Staff’s recommendation for the investment guidelines for the Section 115 Trust to be as follows:
1) Investment Strategy to be Moderate.
2) Initial investment in 2022 of $972,998, which includes all of the CalPERS reserves as of 7/1/2021. In addition, annual savings from refunding Redevelopment bonds, ranging from $53,000-$161,000, will be deposited into the Program until 2026-27, for a total investment of $1,805,822 over the next 5 years.
3) Earnings in the account will be rolled over each year. 4) Funds in the Program will be used when there is a deficit in the City’s General Fund with City Council concurrence, or as directed by the City Council. This will be the first line of funding in a deficit situation. The amount to be transferred from the 115 Trust will be no more than the greater of the costs of the Unfunded Accrued Liability (UAL) and Normal Cost (NC) for that fiscal year or the amount of the deficit1. 5) Investment strategy will be reviewed by the City Council every 3 years; however, updates will be given to the City Council annually.

These recommendations have been written into the standard Investment Guidelines Document by HighMark Capital Management.

FISCAL IMPACT:

None at this time.

Attachments:

1. City of Ripon IGD Moderate Aug 2022

1 If the annual deficit is more than the UAL and NC for the fiscal year, the City Council may use the 115 Trust to reimburse past UAL and NC payments that were previously paid by the General Fund.

2.A
Packet Pg. 99
RESOLUTION NO. 22-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ADOPTING THE INVESTMENT GUIDELINES

DOCUMENT FOR THE CITY OF RIPON'S EMPLOYEE

BENEFITS FUND PENSION PLAN WITH HIGHMARK

CAPITAL MANAGEMENT
WHEREAS, Resolution 22-21 passed by the City Council on June 14, 2022, adopted the PARS Public Agencies Post-Employment Benefits Trust, appointed the City Administrator as the Plan Administrator, and authorized the Plan Administrator to execute PARS documents on behalf of the City in order to maintain the City’s participation in and compliance of the Plan; and WHEREAS, on June 14, 2022 the City of Ripon entered into an Agreement for administrative services with Public Agency Retirement Services (PARS) to administer the City of Ripon’s Pension Rate Stabilization Program (Section 115 Trust); and WHEREAS, the City Council desires to adopt an investment policy for the Section 115 Trust, including risk tolerance, investment amount, and how the Section 115 Trust principal and earnings is to be used to fund CalPERS obligations.

NOW THEREFORE, BE IT RESOLVED THAT:

1. The City Council does hereby adopt the above Recitals as true, and adopts them herein.

2. The City Council hereby adopts the Investment Guidelines Document, as attached hereto in Exhibit “A” and authorizes the Mayor to sign this Document.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of September, 2022, by the following vote:

2.A
Packet Pg. 100
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
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

2.A
Packet Pg. 101

Investment Guidelines Document
City of Ripon
Employee Benefits Fund Pension Plan
August 2022
Exhibit A

2.A.a
Packet Pg. 102 Attachment: City of Ripon IGD Moderate Aug 2022 (22-39 : Investment Policy for 115 Trust with Highmark Capital Management) City of Ripon Employee Benefit Fund Pension Plan
Investment Guidelines Document – HighMark Capital Management, Inc. (v. 08/17/2022 ARB) 2
Investment Guidelines Document
Scope and Purpose
The purpose of this Investment Guidelines Document is to:
 Facilitate the process of ongoing communication between the Plan Sponsor and its plan fiduciaries;
 Confirm the Plan’s investment goals and objectives and management policies applicable to the investment portfolio identified below and obtained from the Plan Sponsor;  Provide a framework to construct a well-diversified asset mix that can potentially be expected to meet the account’s short- and long-term needs that is consistent with the account’s investment objectives, liquidity considerations and risk tolerance;  Identify any unique considerations that may restrict or limit the investment discretion of its designated investment managers;
 Help maintain a long-term perspective when market volatility is caused by short-term market movements.

Key Plan Sponsor Account Information as of August 2022
Plan Sponsor: City of Ripon
Governance: City Council for the City of Ripon
Plan Name (“Plan”): City of Ripon Employee Benefits Fund Pension Plan Trustee: US Bank
Contact: Susan Hughes, 949-224-7209
[email protected]
Type of Account: Pension Plan
ERISA Status: Not subject to ERISA
Investment Manager: US Bank, as discretionary trustee, has delegated investment management responsibilities to HighMark Capital Management, Inc. (“Investment Manager”), an SEC-registered investment adviser
Contact: Andrew Brown, CFA, 415-705-7605
[email protected]
Exhibit A

2.A.a
Packet Pg. 103 Attachment: City of Ripon IGD Moderate Aug 2022 (22-39 : Investment Policy for 115 Trust with Highmark Capital Management) City of Ripon Employee Benefit Fund Pension Plan
Investment Guidelines Document – HighMark Capital Management, Inc. (v. 08/17/2022 ARB) 3
Investment Authority: Except as otherwise noted, the Trustee, US Bank, has delegated investment authority to HighMark Capital Management, an SEC-registered investment adviser.

Investment Manager has full investment discretion over the managed assets in the account.

Investment Manager is authorized to purchase, sell, exchange, invest, reinvest and manage the designated assets held in the account, all in accordance with account’s investment objectives, without prior approval or subsequent approval of any other party(ies).

Investment Objectives and Constraints
The goal of the Plan’s investment program is to provide a reasonable level of growth, which will result in sufficient assets to pay the present and future obligations of the Plan. The following objectives are intended to assist in achieving this goal:
 The Plan should seek to earn a return in excess of its policy benchmark over the life of the Plan.
 The Plan’s assets will be managed on a total return basis which takes into consideration both investment income and capital appreciation. While the Plan Sponsor recognizes the importance of preservation of capital, it also adheres to the principle that varying degrees of investment risk are generally rewarded with compensating returns. To achieve these objectives, the Plan Sponsor allocates its assets (asset allocation) with a strategic perspective of the capital markets.
 The Moderate Investment objective has a long-term (30-year horizon) expected rate of return of 6.0% (August 2022).

Investment Time Horizon:

Anticipated Cash Flows:

Investment Objective:

Long-term investment horizon 10+ years
Initial investment in 2022 of $972,998, which includes all of the CalPERS reserves as of 7/1/2021. In addition, annual savings from refunding Redevelopment bonds, ranging from $53,000- $161,000, will be deposited into the Program until 2026-27. The City anticipates reinvesting earnings each year.

The Primary objective is to generate a reasonable level of growth in Plan assets. The assets in this Plan will eventually be used to fund Pension Plan obligations for assets managed in the CalPERS Trust. Funds in the Program will be used when there is a deficit in the City’s General Fund with City Council concurrence, or as directed by the City Council. This will be the first line of funding in a deficit situation. The amount to be transferred from the 115 Trust will be no more than the greater of the costs of the Unfunded Accrued Liability (UAL) and Normal Cost (NC) for that fiscal year or the amount of the deficit1. 1 If the annual deficit is more than the UAL and NC for the fiscal year, the City Council may use the 115 Trust to reimburse past UAL and NC payments that were previously paid by the General Fund.

Exhibit A

2.A.a
Packet Pg. 104 Attachment: City of Ripon IGD Moderate Aug 2022 (22-39 : Investment Policy for 115 Trust with Highmark Capital Management) City of Ripon Employee Benefit Fund Pension Plan
Investment Guidelines Document – HighMark Capital Management, Inc. (v. 08/17/2022 ARB) 4
Risk Tolerance: Moderate
The account’s risk tolerance has been rated moderate, which demonstrates that the account can accept price fluctuations to pursue its investment objectives.

Strategic Asset Allocation: The asset allocation ranges for this objective are listed below:

Strategic Asset Allocation Ranges
Cash Fixed Income Equity
0-20% 40%-60% 40%-60%
Policy: 5% Policy: 45% Policy: 50%
Market conditions may cause the account’s asset allocation to vary from the stated range from time to time. The Investment Manager will rebalance the portfolio no less than quarterly and/or when the actual weighting differs substantially from the strategic range, if appropriate and consistent with your objectives.

Security Guidelines:

Equities
With the exception of limitations and constraints described above, Investment Manager may allocate assets of the equity portion of the account among various market capitalizations (large, mid, small) and investment styles (value, growth). Further, Investment Manager may allocate assets among domestic, international developed and emerging market equity securities.

Total Equities 40%-60%
Equity Style Range
Domestic Large Cap Equity 15%-45%
Domestic Mid Cap Equity 0%-10%
Domestic Small Cap Equity 0%-15%
International Equity (incl. Emerging Markets) 0%-15%
Real Estate Investment Trust (REIT) 0%-15%
Fixed Income
In the fixed income portion of the account, Investment Manager may allocate assets among various sectors and industries, as well as varying maturities and credit quality that are consistent with the overall goals and objectives of the portfolio.

Total Fixed Income 40%-60%
Fixed Income Style Range
Long-term bonds (maturities >7 years) 0%-25%
Intermediate-term bonds (maturities 3-7 years) 25%-60%
Short-Term bonds (maturities <3 years) 0%-25%
High Yield bonds 0%-10%
Exhibit A

2.A.a
Packet Pg. 105 Attachment: City of Ripon IGD Moderate Aug 2022 (22-39 : Investment Policy for 115 Trust with Highmark Capital Management) City of Ripon Employee Benefit Fund Pension Plan
Investment Guidelines Document – HighMark Capital Management, Inc. (v. 08/17/2022 ARB) 5
Performance Benchmarks:

The performance of the total Plan shall be measured over three and five-year periods. These periods are considered sufficient to accommodate the market cycles experienced with investments. The performance shall be compared to the return of the total portfolio blended benchmark shown below.

Total Portfolio Blended Benchmark

26.50% S&P 500 Index

5.00% Russell Mid Cap Index

7.50% Russell 2000 Index

3.25% MSCI Emerging Market Index

6.00% MSCI EAFE Index

1.75% Wilshire REIT Index

33.50% Bloomberg U.S. Aggregate Bond Index

10.00% ICE BofA 1-3 Year US Corp/Gov’t Index

1.50% ICE BofA US High Yield Master II Index

5.00% FTSE 1Mth T-Bill Index
Asset Class/Style Benchmarks
Over a market cycle, the long-term objective for each investment strategy is to add value to a market benchmark. The following are the benchmarks used to monitor each investment strategy:

Large Cap Equity S&P 500 Index
Growth S&P 500 Growth Index
Value S&P 500 Value Index
Mid Cap Equity Russell Mid Cap Index
Growth Russell Mid Cap Growth Index
Value Russell Mid Cap Value Index
Small Cap Equity Russell 2000 Index
Growth Russell 2000 Growth Index
Value Russell 2000 Value Index
REITs Wilshire REIT Index
International Equity MSCI EAFE Index
Investment Grade Bonds Bloomberg U.S. Aggregate Bond Index High Yield ICE BofA High Yield Master II Index
Security Selection
Investment Manager may utilize a full range of investment vehicles when constructing the investment portfolio, including but not limited to individual securities, mutual funds, and exchangetraded funds. In addition, to the extent permissible, Investment Manager is authorized to invest in shares of mutual funds in which the Investment Manager serves as advisor or sub-adviser.

Exhibit A

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Packet Pg. 106 Attachment: City of Ripon IGD Moderate Aug 2022 (22-39 : Investment Policy for 115 Trust with Highmark Capital Management) City of Ripon Employee Benefit Fund Pension Plan
Investment Guidelines Document – HighMark Capital Management, Inc. (v. 08/17/2022 ARB) 6
Investment Limitations:

The following investment transactions are prohibited:
• Direct investments in precious metals (precious metals mutual funds and exchange-traded funds are permissible).
• Venture Capital
• Short sales*
• Purchases of Letter Stock, Private Placements, or direct payments • Leveraged Transactions*
• Commodities Transactions Puts, calls, straddles, or other option strategies* • Purchases of real estate, with the exception of REITs • Derivatives, with exception of ETFs*
*Permissible in diversified mutual funds and exchange-traded funds Duties and Responsibilities
Responsibilities of Plan Sponsor
The Plan Administrator for City of Ripon is responsible for:
 Confirming the accuracy of this Investment Guidelines Document, in writing.  Advising Trustee and Investment Manager of any change in the plan/account’s financial situation, funding status, or cash flows, which could possibly necessitate a change to the account’s overall risk tolerance, time horizon or liquidity requirements; and thus would dictate a change to the overall investment objective and goals for the account.  Monitoring and supervising all service vendors and investment options, including investment managers.
 Avoiding prohibited transactions and conflicts of interest.  The Investment strategy will be review by City Council, the Plan Administrator, and Staff at least every three years. However, updates will be given to the City Council quarterly.

Responsibilities of Trustee
The plan Trustee is responsible for:
 Valuing the holdings.
 Collecting all income and dividends owed to the Plan.  Settling all transactions (buy-sell orders).

Responsibilities of Investment Manager
The Investment Manager is responsible for:
 Assisting the Plan Administrator with the development and maintenance of this Investment Policy Guideline document annually.
 Meeting with the Plan Administrator annually to review portfolio structure, holdings, and performance.
 Designing, recommending and implementing an appropriate asset allocation consistent with the investment objectives, time horizon, risk profile, guidelines and constraints outlined in this statement.
 Researching and monitoring investment advisers and investment vehicles.  Purchasing, selling, and reinvesting in securities held in the account.  Monitoring the performance of all selected assets.

Exhibit A

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Packet Pg. 107 Attachment: City of Ripon IGD Moderate Aug 2022 (22-39 : Investment Policy for 115 Trust with Highmark Capital Management) City of Ripon Employee Benefit Fund Pension Plan
Investment Guidelines Document – HighMark Capital Management, Inc. (v. 08/17/2022 ARB) 7
 Voting proxies, if applicable.
 Recommending changes to any of the above.
 Periodically reviewing the suitability of the investments, being available to meet with the committee at least once each year, and being available at such other times within reason at your request.
 Preparing and presenting appropriate reports.
 Informing the committee if changes occur in personnel that are responsible for portfolio management or research.

Acknowledgement and Acceptance
I/We being the Plan Sponsor with responsibility for the account(s) held on behalf of the Plan Sponsor specified below, designate Investment Manager as having the investment discretion and management responsibility indicated in relation to all assets of the Plan or specified Account. If such designation is set forth in the Plan/trust, I/We hereby confirm such designation as Investment Manager.

I have read the Investment Guidelines Document, and confirm the accuracy of it, including the terms and conditions under which the assets in this account are to be held, managed, and disposed of by Investment Manager. This Investment Guidelines Document supersedes all previous versions of an Investment Guidelines Document or investment objective instructions that may have been executed for this account.
__________________________________________________ Date:________________ Plan Sponsor: City of Ripon
__________________________________________________ Date:________________ Investment Manager: Andrew Brown CFA, Senior Portfolio Manager, (415) 705-7605 Exhibit A

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Packet Pg. 108 Attachment: City of Ripon IGD Moderate Aug 2022 (22-39 : Investment Policy for 115 Trust with Highmark Capital Management) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 09/13/2022
Subject: Approves PUD21-79 - Terraces at Bethany
RECOMMENDED ACTION:

This ordinance establishes the Planned Development Overlay District for the Terraces at Bethany Home project subject to and based on the findings in the August 9, 2022.

BACKGROUND:

At the August 9, 2022 City Council meeting, the Council approved the Terraces at Bethany Home, a senior residential care living facility located at the corner of Main Street and Vera Avenue. As part of the approval, the Council approved a Planned Unit Overlay District (PUD) for the project, in order to facilitate the development of the ultimate project at that site. In order to establish a PUD, the City Council must adopt an ordinance pursuant to Chapter 16.36 (Planned Development Overlay District).

FISCAL IMPACT:

N/A

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ORDINANCE NO. 918

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RIPON APPROVING PLANNED DEVELOPMENT OVERLAY
DISTRICT (PUD21-79) FOR THE “TERRACES AT BETHANY”

SENIOR HOUSING PROJECT
WHEREAS, on July 18, 2022, the Ripon Planning Commission, after conducting a duly noticed public hearing, recommended approval of various land use entitlements for the “Terraces at Bethany” senior housing project, to include, inter alia, the certification of the Final Environmental Impact Report, Conditional Use Permit (UP21-70), Lot Merger and Planned Development Overlay District (PUD21-70); and
WHEREAS, on August 8, 2022, the Ripon City Council, after conducting a duly noticed public hearing, voted unanimously to approve the above-referenced land use entitlements; and WHEREAS, the formal approval of Planned Development Overlay District PUD21-70 requires the adoption of an ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIPON DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. APPROVAL OF ORDINANCE

1. The City Council does hereby approve and adopt this ordinance approving Planned Development Overlay District PUD21-70.

2. The Mayor is authorized to sign such other and further documents as may be necessary and appropriate to carry out the City Council’s approval of Planned Development Overlay District PUD21-70.

SECTION 2. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.

SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Ripon City Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of September, 2022, by the following vote:

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RESULT: FIRST READING [UNANIMOUS] Next: 10/11/2022 6:00 PM MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Vice Mayor
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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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 09/13/2022
Subject: Development Code Text Amendment TAZ22-46 - Ordinance RECOMMENDED ACTION:

This ordinance amends Chapter 16.88 – “Home Occupation Permit”, based on the findings in the staff report.

DISCUSSION/ANALYSIS:

The proposed amendment to Chapter 16.88 – “Home Occupation Permit” will amend this section of the Municipal Code to correct a few minor processing technicalities and update a few of the City regulations to be more aligned with the current business environment, while continuing to protect the integrity of our residential neighborhoods. Following is the proposed Ordinance recommended for second reading and adoption and attached are redline changes from first reading and labeled “Redline changes from the first reading to the second reading of the Municipal Code Section 16.88”.

Attachments:

1. Redline changes from the first reading to the second reading of the Municipal Code Section

16.88 3.B
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ORDINANCE NO. 916

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 16.88 - "HOME OCCUPATION
PERMIT" OF THE RIPON MUNICIPAL CODE
NOW, THEREFORE, the City of Ripon Council does ordain as follows:

SECTION 1. AMENDING CHAPTER 16.88 TO THE RIPON MUNICIPAL CODE.

Chapter 16.88 to the Ripon Municipal Code is hereby amended to read in full as follows:

Chapter 16.88

HOME OCCUPATION PERMIT
Sections:

16.88.010 Purpose

16.88.020 Permitted Districts

16.88.030 Requirements for Application

16.88.040 Operating Requirements and Conditions

16.88.050 Allowed Home Occupations

16.88.060 Prohibited Home Occupations

16.88.070 Home Occupations that may be allowed upon approval by the Planning Commission

16.88.080 Application Review Procedures

16.88.090 Permit Expiration and Revocation

This section is intended to protect the rights of residents to engage in certain home occupations that are harmonious with a residential environment and to protect neighborhoods from the negative impacts that home occupations may have on a residential area. (Ord. 606 §1, 1999)

16.88.020 Permitted Districts
Home Occupation Permit applications may be accepted in any residential district. (Ord. 771 §1, 2009)

16.88.030 Requirements for Application
A. Persons conducting a home occupation shall secure and maintain a Home Occupation Permit from the City of Ripon. Home occupation applications shall be filed with the Planning Department. A request for a Home Occupation Permit must clearly describe the location and characteristics of the proposed home occupation.

B. Persons conducting a home occupation shall secure and maintain a Business License from

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the City of Ripon.

C. Applications for a home occupation may be initialized by the property owner(s) or the property owner’s authorized agent. If the home occupation is to be conducted in rental property, the city shall be provided with evidence of the property owner’s authorization for the proposed use.

D. A fee, as specified by resolution of the City Council is required with the application. (Ord. 606 §1, 1999)
E. The applicant agrees to make the premises available for inspection by the Planning Director, or his/her designee, at all reasonable times and without an inspection warrant for the purpose of assuring compliance with the requirements of this code. (Ord. 606 §1, 1999, Ord. 771 §1, 2009)

16.88.040 Operating Requirements and Conditions.

Home occupations approved under the provisions of this Chapter shall comply with the provisions of this Section.

A. Location The home occupation shall be confined within the main building. A detached garage/structure is considered as part of the main building. When, conducted in a garage, the home occupation cannot eliminate the use of the garage as space for the required parking.

B. Appearance

1. There shall be no external alteration of the appearance of the dwelling in which the home occupation is conducted that would reflect the existence of the home occupation, either by color, materials, construction, lighting, signs, or sounds. A person standing on the boundary/property line of the property should not be aware of the home occupation.

2. There shall be no exterior signs or displays to identify the home occupation. Signage may be allowed on a vehicle primarily used for the home occupation, no more than 2 signs per vehicle and no greater than a 2 foot by 2 foot area per sign.

C. Size Limits One room or twenty (20%) percent of the floor area of the main residence or detached garage/structure, whichever is greater, may be used for the home occupation and any related storage of materials and supplies.

D. Materials

1. The home occupation shall not entail the use or storage of explosive, flammable or otherwise hazardous materials, beyond that normally incidental to a typical residential use, or change the fire rating of the structure or the neighborhood.

2. No goods, supplies, equipment, materials or product related to a home occupation shall be stored outside, or be visible from the outside of any structure or unit conducting a home occupation.

E. Emissions, Noise and Equipment
Dust, noise, odor, vibration, fumes, or smoke shall not be created so that they are readily discernable at the exterior boundaries of the parcel used for the home occupation. Electrical or mechanical equipment that creates audible interference in radio receivers or visual or audible interference in television receivers or causes fluctuation in line voltage outside the dwelling is prohibited. No mechanical equipment which is larger than that normally associated with a residence, shall be installed on the exterior of the structure.

F. Employees All employees must be members of the resident family and shall reside on the premises. Any other employees must meet the home occupation operator at the off-site job location and may not leave from or arrive at the home occupation operator’s residence to start or

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end the work shift or workday.

G. Clients A home occupation shall be limited to only one client at a time, except small residential care homes, small family home care centers, etc. licensed by the state for care of eight or fewer persons. A home occupation shall be limited to only one client at a time between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday by appointment only. For all practical purposes one client shall mean either one person or couple. Anyone desiring to have more than one, but fewer than six clients at a time must receive special approval by the Planning Commission for such request.

H. Deliveries Deliveries at the home occupation residence by large commercial semi-trucks will be prohibited, but deliveries of parcels and small packages by delivery vans will be permissible so long as they do not exceed what is normally incidental to typical residential use.

I. Vehicles No more than one vehicle or truck of not more than one ton capacity may be kept on the site in association with the Home Occupation. Any additional vehicles, trailers, or wheeled equipment incidental to the home occupation must be kept within an enclosure, such as a garage, or behind the front setback of the residence and screened from public view as approved by the Planning Director. All vehicles and associated equipment shall be owned or leased by the occupant of the dwelling.

J. Sale of Merchandise Home occupations involving the display or sale of products or merchandise are not permitted except by mail, telephone, internet, or other mode of electronic communication. Customers may pick-up merchandise ordered from the home occupation by appointment only.

K. Transferability A home occupation granted in accordance with the provisions of this title shall not be transferred, assigned or used by a person other than the permittee. A home occupation may be transferred upon request of the permittee to another qualified location so long as all requirements of the Home Occupation ordinance can be satisfied. (Ord. 771 §1, 2009)

16.88.050 Allowed Home Occupations.

A. Certain business activities are deemed appropriate when conducted by the resident(s) of a dwelling in a manner subordinate to and compatible with the residential characteristics of the surrounding neighborhood. The following list presents examples of commercial uses that are generally considered to be subordinate to and compatible with residential activities:

1. Accounting/Bookkeeping services

2. Architectural/Drafting services

3. Art and Craft Work (ceramics, painting, sculpture, and minor woodworking).

4. Barber and Beauty services (operating as a sole proprietor provided all other state requirements are met).

5. Catering services (provided all other state and county requirements are met).

6. Computer repair and service

7. Consulting services

8. Data processing services

9. Engineering services

10. Financial Planning or Investment services

11. Gun and Ammunition sales

12. Health salons, gyms, dance studios and/or aerobic exercise studios of only one client and/or student at a time.

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13. Internet business (internet-based sales and services conducting all functions via the internet)

14. Interior Design services

15. Instructional lessons (music, swimming, tutoring, and similar lessons on an individual basis)

16. Photographer

17. Professional/Business Office uses

18. Other uses that the Director of Planning determines to be similar in impacts to those listed above.

16.88.060 Prohibited Home Occupations
A. Certain business activities are deemed inappropriate as home occupations because their existence and operation as a home occupation are not subordinate to or compatible with the residential characteristics of the surrounding neighborhoods. The following list presents examples of commercial uses that are prohibited as home occupations:

1. Adult Businesses

2. Auto or vehicle repair or tune-ups

3. Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats or other animals on the premises, to include kennels and boarding used for these animals

4. Card reading/astrological services

5. Carpentry and cabinetmaking (does not prohibit a normal woodworking hobby operation)

6. Construction Business (does not include just an office space for a construction business where no materials are stored on-site)

7. Dance Club/Night Club

8. Fortune Telling (psychic)

9. Lawn mower and small engine repair

10. Health salons, gyms, dance studios and/or aerobic exercise studios of more than one client and/student at a time.

11. Massage parlors

12. Medical and Dental offices, clinics and laboratories

13. Mini-storage, rv storage, vehicle storage, etc.

14. On-site painting services (auto, boat, rv, appliances, etc.)

15. Retail sales of merchandise stored and/or displayed within the property

16. Storage of equipment, materials and other accessories to the construction and service trades

17. Tattoo parlors, to include body piercing

18. Vehicle Sales

19. Welding and Machine Work (not normally associated with a residential use)

20. Other uses that the Director of Planning determines is not compatible with the residential characteristics of the surrounding neighborhood.

16.88.070 Home Occupations that may be allowed upon approval by the Planning Commission
A. Following is a list of home occupation activities that may be allowed subject to approval by the Planning Commission upon satisfactory evidence that the use will not be detrimental to the surrounding residential neighborhoods.

1. Assembly/Manufacturing of small items that can be demonstrated to the Planning Commission to not be detrimental or have any adverse effects on neighboring residential properties. Such home occupations shall not require any special equipment not normally

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associated with a residential home.

2. Any home occupation desiring to have more than one client and/or student visit the premises at a time, but no more than six clients and/or students max.

3. Any use or occupation that does not meet the criteria set forth in this chapter, may at the discretion of the Director of Planning be allowed to go before the Planning Commission for discretionary approval.

16.88.080 Application Review Procedures
A. Upon submittal of a completed Home Occupation Permit application and associated fee, the Director of Planning, or his/her designee shall review the application for compliance with this Chapter.

B. If the use requested in the application meets all of the operating requirements and conditions set forth in this Chapter, the Home Occupation Permit will be issued no later than fifteen (15) days after review and approval of the Home Occupation Permit by the Planning Director or his/her designee. The permit shall be denied if all requirements and conditions cannot be fulfilled.

C. Notices shall be mailed to adjoining properties and properties directly across from the proposed home occupation upon issuance of a Home Occupation Permit.

16.88.090 Permit Expiration and Revocation.

A. Home Occupation Permits are good for two (2) calendar years and shall expire upon nonrenewal of a Home Occupation Permit. All Home Occupation Permits shall immediately expire upon discontinuance or cessation of use for a period of thirty (30) days of the home occupation.

B. Revocation of Permit. In the event that a Home Occupation Permit is deemed in noncompliance with this chapter or any letter of complaint is submitted to the Ripon Planning Department concerning a home occupation and contains substantive evidence of violations as corroborated by city officials, the use will be deemed in violation of this Chapter and the permit may be suspended or revoked using the following procedures:

1. The Director of Planning may revoke a Home Occupation Permit for noncompliance with the provisions of this chapter and/or with noncompliance of the conditions set forth in granting the permit. If the Home Occupation Permit is revoked, any associated business license in conjunction with the Home Occupation Permit shall also be revoked. Fees will not be refunded for any revoked Home Occupation Permits or associated business license.

2. The revocation shall be effective upon delivery of written notice to the permittee.

3. The permittee may appeal the revocation of their permit pursuant to Chapter 16.08 of the Ripon Municipal Code section 16.08.060.

4. All appeals to this chapter shall be in writing setting forth the reasons for the appeal and be filed, along with associated appeal fees, with the City of Ripon Planning Department.

SECTION 2. The remaining Chapters of Title 16 of the Ripon Municipal Code shall remain in full force and effect.

SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.

SECTION 4. SEVERABILITY If any provisions of this ordinance or the application thereof to

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any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be effective without the invalid provision of application, and to his/her end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the validity of any particular portion thereof.

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

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of September, 2022, by the following vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER:Leo Zuber, 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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Redline Version
Chapter 16.88

HOME OCCUPATION PERMIT
Sections:

16.88.010 Purpose

16.88.020 Permitted Districts

16.88.030 Requirements for Application

16.88.040 Operating Requirements and Conditions

16.88.050 Allowed Home Occupations

16.88.060 Prohibited Home Occupations

16.88.070 Home Occupations that may be allowed upon approval by the Planning Commission

16.88.080 Application Review Procedures

16.88.090 Permit Expiration and Revocation

16.88.010 Purpose
It is the purpose of this Chapter to provide for business uses in association with residences in cases where the uses clearly will not alter the character or appearance of the residence and the use must be clearly secondary or incidental to the use of the dwelling for residential purposes. This section is intended to protect the rights of residents to engage in certain home occupations that are harmonious with a residential environment and to protect neighborhoods from the negative impacts that home occupations may have on a residential area.

16.88.020 Permitted Districts
Home Occupation Permit applications may be accepted in any residential district.

B. Persons conducting a home occupation shall secure and maintain a Business License from the City of Ripon.

D. A fee, as specified by resolution of the City Council is required with the application. (Ord. 606, 1999)
E. The applicant agrees to make the premises available for inspection by the Planning Director, or his/her designee, at all reasonable times and without an inspection warrant for the purpose of assuring compliance with the requirements of this code.

16.88.040 Operating Requirements and Conditions.

Home occupations approved under the provisions of this Chapter shall comply with the provisions of this Section.

A. Location The home occupation shall be confined within the main building. A detached

3.B.a
Packet Pg. 119 Attachment: Redline changes from the first reading to the second reading of the Municipal Code Section 16.88 (916 : Development Code Text Redline Version
garage/structure is considered as part of the main building. When, conducted in a garage, the home occupation cannot eliminate the use of the garage as space for the required parking.

B. Appearance

D. Materials

2. No goods, supplies, equipment, materials or product related to a home occupation shall be stored outside, or be visible from the outside of any structure or unit conducting a home occupation.

G.Clients/Students A home occupation shall be limited to only one client, and/or student at a time, except small residential care homes, small family home care centers, etc. licensed by the state for care of eight or fewer persons. A home occupation shall be limited to only one client and/or student at a time between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday by appointment only. For all practical purposes one client and/or student shall mean either one person or couple. Anyone desiring to have more than one, but fewer than six clients and/or students at a time must receive special approval by the Planning Commission for such request.

H.Deliveries Deliveries at the home occupation residence by large commercial semi-trucks will be prohibited, but deliveries of parcels and small packages by delivery vans will be permissible so long as they do not exceed what is normally incidental to typical residential use.

3.B.a
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J. Sale of Merchandise Home occupations involving the display or sale of products or merchandise are not permitted except by mail, telephone, internet, or other mode of electronic communication. Customers may pick-up merchandise ordered from the home occupation by appointment only.No direct sale to customers of any item related to a home occupation shall occur on the premises, and there shall be no display of products and/or equipment produced or used by the home occupation so as to be visible from outside the home.

16.88.050 Allowed Home Occupations.

A.Certain business activities are deemed appropriate when conducted by the resident(s) of a dwelling in a manner subordinate to and compatible with the residential characteristics of the surrounding neighborhood. The following list presents examples of commercial uses that are generally considered to be subordinate to and compatible with residential activities:

1. Accounting/Bookkeeping services

2. Architectural/Drafting services

3. Art and Craft Work (ceramics, painting, sculpture, and minor woodworking).

4. Barber and Beauty services (operating as a sole proprietor provided all other state requirements are met).

5. Catering services (provided all other state and county requirements are met).

6. Computer repair and service

7. Consulting services

8. Data processing services

9. Engineering services

10. Financial Planning or Investment services

11. Gun and Ammunition sales (office portion only, no on-site transactions)

12. Health salons, gyms, dance studios and/or aerobic exercise studios of only one client and/or student at a time.

13. Internet business (internet-based sales and services conducting all functions via the internet)

14. Interior Design services

15. Instructional lessons (music, swimming, tutoring, and similar lessons on an individual basis)

16. Photographer

17. Professional/Business Office uses

18. Other uses that the Director of Planning determines to be similar in impacts to those listed above.

1. Adult Businesses

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Packet Pg. 121 Attachment: Redline changes from the first reading to the second reading of the Municipal Code Section 16.88 (916 : Development Code Text Redline Version

2. Auto or vehicle repair or tune-ups

3. Businesses which entail the breeding, grooming, harboring, raising, or training of dogs, cats or other animals on the premises, to include kennels and boarding used for these animals

4. Card reading/astrological services

5. Carpentry and cabinetmaking (does not prohibit a normal woodworking hobby operation)

6. Construction Business (does not include just an office space for a construction business where no materials are stored on-site)

7. Dance Club/Night Club

8. Fortune Telling (psychic)

9. Lawn mower and small engine repair

10. Health salons, gyms, dance studios and/or aerobic exercise studios of more than one client and/student at a time.

11. Massage parlors

12. Medical and Dental offices, clinics and laboratories

13. Mini-storage, rv storage, vehicle storage, etc.

14. On-site painting services (auto, boat, rv, appliances, etc.)

15. Retail sales of merchandise stored and/or displayed within the property

16. Storage of equipment, materials and other accessories to the construction and service trades

17. Tattoo parlors, to include body piercing

18. Vehicle Sales

19. Welding and Machine Work (not normally associated with a residential use)

20. Other uses that the Director of Planning determines is not compatible with the residential characteristics of the surrounding neighborhood.

16.88.070 Home Occupations that may be allowed upon approval by the Planning Commission.

A. Following is a list of home occupation activities that may be allowed subject to approval by the Planning Commission upon satisfactory evidence that the use will not be detrimental to the surrounding residential neighborhoods.

2. Any home occupation desiring to have more than one client and/or student visit the premises at a time, but no more than six clients and/or students max.

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B. If the use requested in the application meets all of the operating requirements and conditions set forth in this Chapter, the Home Occupation Permit will be issued no later than fifteen (15) days after review and approval of the Home Occupation Permit by the Planning Director or his/her designee. The permit shall be denied if all requirements and conditions cannot be fulfilled.

C. Notices shall be mailed to adjoining properties and properties directly across from the proposed home occupation upon issuance of a Home Occupation Permit.

16.88.090 Permit Expiration and Revocation.

2. The revocation shall be effective upon delivery of written notice to the permittee.

3. The permittee may appeal the revocation of their permit pursuant to Chapter 16.08 of the Ripon Municipal Code section 16.08.060.

4. All appeals to this chapter shall be in writing setting forth the reasons for the appeal and be filed, along with associated appeal fees, with the City of Ripon Planning Department.

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Packet Pg. 123 Attachment: Redline changes from the first reading to the second reading of the Municipal Code Section 16.88 (916 : Development Code Text City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 09/13/2022
Subject: Chapter 2.08 Administrative Officer
RECOMMENDED ACTION:

This Ordinance amends Chapter 2.08 “Administrative Officer” of the Ripon Municipal Code in order to update the employee oversight obligations of the City Administrator.

BACKGROUND:

The City of Ripon operates under a council-administrator form of government. The elected council members represent the community and establish the policies that steer the direction of the municipal organization. The City Administrator position is appointed by the City Council to oversee the day-to-day business of the City, including the responsibility of overseeing the hiring and termination of employees, subject to the personnel rules and regulations of the City of Ripon.

DISCUSSION/ANALYSIS:

The proposed amendment to Chapter 2.08 “Administrative Officer” will amend this section of the Municipal Code to include the City Engineer position in the scope of the City Administrator’s oversight obligations, remove the reference to the City Council ratifying the hiring or termination of employees and remove the reference to the “personnel board” as this does not exist. Following is the proposed Ordinance recommended for second reading and adoption. There were no changes from first reading to second reading.

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ORDINANCE NO. 917

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 2.08 "ADMINISTRATIVE
OFFICER" OF THE RIPON MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:

SECTION 1. AMENDMENT TO CODE. The purpose of this ordinance is to amend Chapter

2.08 “Administrative Officer” of the Ripon Municipal Code.

SECTION 2. AMENDMENT OF CHAPTER. Chapter 2.08.060 of the Ripon Municipal Code is hereby amended to include the position of City Engineer as part of the scope of the City Administrator’s oversight obligations.

Chapter 2.08.060C is hereby amended to read as follows:

2.08.060 Powers and Duties
C. Appoint and remove, subject to any personnel rules and regulations and personnel ordinance of the City, any officers and employees of the City, except the elected officers and their respective staffs. In addition to the elective officers and their respective staffs, the planning commission and the position of City Attorney shall be excluded from the scope of the City Administrator’s oversight obligations; however, the services and facilities of the City Attorney and the planning commission shall be made available to the City Administrator; SECTION 3. REPEAL OF CONFLICTING ORDINANCES.

All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.

SECTION 4. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

SECTION 6. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of September, 2022, by the following vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Vice Mayor
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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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kye Stevens, Recreation Director
Date: 09/13/2022
Subject: Tennis Courts MOU
RECOMMENDED ACTION:

If the City Council is interested in considering a donation from the Love-Love Ripon Tennis Foundation, staff is recommending that the City Council direct staff to draft a Memorandum of Understanding between the City of Ripon and the Foundation that defines the responsibilities between the City and the Foundation to complete a tennis complex at the Mistlin Sports Park.

BACKGROUND:

Love-Love Ripon Tennis Foundation (“Foundation”) has submitted an application (see attached) to donate a tennis complex at Mistlin Sports Park. The application proposes to phase the construction of the project as summarized below:

Phase 1 6 tennis courts
Phase 2 6 tennis courts
Phase 3 Center court and clubhouse
The Foundation has requested the following from the City of Ripon in consideration of the donation:
 Allocate/match $400,000 in funds for the construction of six (6) new tennis courts1  Maintain the tennis courts
 Encourage the development of tennis and USTA tournaments  Support the future development of six (6) additional tennis courts and possibly a center court and clubhouse

1 Staff met with Di Quaresma after the donation application was submitted and was notified the Foundation has rescinded this request.

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DISCUSSION:

The City of Ripon has been planning for the development of a tennis complex at the Mistlin Sports Park. Currently, this project is listed to move forward over the next 20 years, largely because of the need to construct additional parking and internal roads to provide better circulation through the Mistlin Sports Park, prior to the development of the tennis complex.

If the City Council is interested in accepting a donation from the Foundation to deliver the tennis complex much sooner, staff is recommending the City Council direct staff to prepare a draft Memorandum of Understanding between the City of Ripon and the Foundation that defines the responsibilities between the City and the Foundation to complete a tennis complex at the Mistlin Sports Park.

Attachments:

1. Tennis Donation Application

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

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Attachment: Tennis Donation Application (3578 : Tennis Courts MOU)

Ripon City CouncilSeptember 13, 2022

Ripon City Council
September 13, 2022