Minutes — Ripon City Council, October 11, 2022

Ripon City Council Minutes
TUESDAY, OCTOBER 11, 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, Planning Director Ken Zuidervaart.

IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 2 cases.
(2) Real Property Negotiations pursuant to Section 54956.8 of the California Government Code – APN: 245-180-27
Planning Director Zuidervaart left the meeting at 5:41 PM.

Return to open session
City Attorney Terpstra said Council met in closed session to receive updates on pending matters.

Staff was given direction and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Luke Jones gave the invocation.

City Council Page 2 October 11, 2022
ROLL CALL:

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

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, 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.

PUBLIC DISCUSSION:

On behalf of the public, City Clerk Lisa Roos read the following public comment received via email.

Durriya Syed, Outreach Analyst in the California Department of Insurance, wanted to introduce the California Low Cost Auto (CLCA) Insurance Program. Syed said this Program was established by the Legislature in 1999 and is sponsored by the California Department of Insurance as a program designed to provide income-eligible, good drivers with liability insurance at affordable rates as a way to meet California’s mandatory auto insurance law, regardless of immigration status. Syed said the annual premiums in California vary by County.

Syed said in order to be eligible for the CLCA, consumers must meet certain requirements including having a valid California driver’s license, owning a vehicle valued at $25,000 or less, meeting income eligibility guidelines, be at least 16 years of age and have a good driving record.

Syed provided information on how to apply for the program.

Kelly Donohue, Chamber of Commerce wanted to remind the Council and the community that this Saturday, October 15, 2022 is Main Street Day from 9:00 AM to 3:00 PM. The day’s festivities will start with the Ripon Consolidated Fire District pancake breakfast at 7:00 AM and will include many different vendors, a color run, car show and a pet parade at 10:00 AM.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular City Council Meeting of September 13, 2022.

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

1. CITY COUNCIL - REGULAR MEETING - SEP 13, 2022 6:00 PM City Council Page 3 October 11, 2022
APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Motion to approve the agenda as posted.

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

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

RESULT: ADOPTED [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
(September 2021 $209,773.89)
FY 2022-23 YTD: $1,286,231
FY 2021-22 YTD: $1,100,951
Highway Users Tax
(August 2021 $35,178.44)
FY 2022-23 YTD: $77,820
FY 2021-22 YTD: $78,413
SB1 Street & Road Tax
(September 2021 $27,648.03)
FY 2022-23 YTD: $85,481
FY 2021-22 YTD: $81,464
$318,026.99
$38,749.41
$29,236.70
TOTAL $386,013.10
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
September 2022 $1,212.72
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – August 2022 $3,484.47
City Council Page 4 October 11, 2022

1.2. Bills, Invoices, Payments
A. SAN JOAQUIN PARTNERSHIP
Annual Membership Fee - Invoice #10963 $5,000.00
B. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Meadowood
Padilla Accessory Dwelling Unit
Bethany Home Society
$9,440.00
$1,608.75
$368.75
$1,917.50
$120.00

TOTAL $13,455.00
C. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #22399 $29,838.00
D. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
August Invoice #AR113267 $1,612.39
E. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2022-2023 2nd Quarter Deposits
Liability Program
Workers’ Compensation Program
Crime Shield Program
$90,520.00
$139,987.00
$2,657.00

TOTAL $233,164.00
F. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $185,120.00
G. HALPIN COMPLIANCE SOLUTIONS
Solid Waste/Recycling Regulatory Compliance Assistance
Invoice #22-R-0056
Invoice #22-R-0070
$904.88
$1,157.66
TOTAL $2,062.54
H. SORACCO, INC.

Well 19 Pump Station Project
Progress Payment – Invoice #11 $156,750.00
I. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
Progress Payment
2nd Quarter 2022 - Invoice #1981641 $2,370.00
City Council Page 5 October 11, 2022
J. BASECAMP ENVIRONMENTAL, INC.

Lower Stanislaus River Multi-Use Trail Project
Environmental Assessment
Progress Payment – Invoice #51958 $725.00
K. DIRT DYNASTY, INC.

Asphalt Repair Project
Progress Payment - Invoice #2205 $53,100.00
L. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment
Invoice #4237
Invoice #4238
Invoice #4239
Invoice #4240
$1,194.75
$1.052.50
$5,817.00
$2,614.75
TOTAL $10,679.00
M. WOOD RODGERS, INC.

Well 12 Phase 2 Groundwater Pumping Analysis
Required by Water Quality Board
Progress Payment – Invoice #160367 $179.65

1.3. Resolutions
A. RESOLUTION NO. 22-40

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING AN INCREASE IN THE

COST OF HEALTH AND WELFARE

BENEFITS TO BE PROVIDED TO

NON-REPRESENTED EMPLOYEES

AND CITY COUNCIL MEMBERS
IN CALENDAR YEAR 2023
This resolution adopts the health and
welfare plans for all City employees
during the calendar year 2023 and an
increase in the cost of health and welfare
benefits to be provided to NonRepresented Employees and City Council Members for calendar year 2023.

B. RESOLUTION NO. 22-41

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 2

TO THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL

EMPLOYEES OF THE CITY OF

RIPON POLICE OFFICERS'

ASSOCIATION
This resolution adopts Amendment No. 2
of the 2021 - 2024 Memorandum of
Understanding for all employees of the
City of Ripon Police Officers’
Association that increases the baseline
premium for Blue Shield participants
from $1,650 to $1,755 per month.

City Council Page 6 October 11, 2022
C. RESOLUTION NO. 22-42

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 2

TO THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL

EMPLOYEES OF THE CITY OF

RIPON POLICE SERGEANTS'

ASSOCIATION
This resolution adopts Amendment No. 2
of the 2021 - 2024 Memorandum of
Understanding for all employees of the
City of Ripon Police Sergeants’
Association that increases the baseline
premium for Blue Shield participants
from $1,650 to $1,755 per month.

D. RESOLUTION NO. 22-43

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 2

TO THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL

EMPLOYEES OF THE CITY OF

RIPON WORKING IN THE

CLASSIFICATIONS OF PUBLIC

WORKS MAINTENANCE, PUBLIC

WORKS FOREMAN AND PUBLIC

WORKS SUPERVISING FOREMAN
This resolution adopts Amendment No. 2
to the Memorandum of Understanding for
all employees of the City working in the
classification of Public Works
Maintenance, Public Works Foreman and
Public Works Supervising Foreman for
Fiscal Years 2021 – 2024 that increases
the baseline premium for Blue Shield
participants from $1,650 to $1,755 per
month.

1.4. Miscellaneous Items
A. MEASURE K RENEWAL COOPERATIVE AGREEMENT (C-18-001 A-4) Blossom Express Transit Service
Reimbursement
Approve and authorize the Mayor to
sign the Fourth Amendment to the
Measure K Renewal Cooperative
Agreement (C-18-001 A-4) with San
Joaquin Council of Governments
(SJCOG) in order to receive funding to
operate the Blossom Express transit
service over a one year period from July
1, 2022 through June 30, 2023.

B. METAL ROOF SHADE STRUCTURE FOR THE RIPON SENIOR CENTER

REHABILITATION PROJECT
Landmark Shade Shelter by Park Planet Approve the purchase of one (1) Landmark Shade Shelter through Park
Planet in the not to exceed cost of
$34,677.90 (funding source: CDBG
grant funds allocated for the Ripon
Senior Center Rehab project).

City Council Page 7 October 11, 2022
**END OF CONSENT CALENDAR**

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

A. SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2023 FEE UPDATE
RESOLUTION NO. 22-44

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AMENDING THE SAN JOAQUIN

COUNTY MULTI-SPECIES HABITAT

CONSERVATION AND OPEN SPACE

PLAN (SJMSCP) DEVELOPMENT FEE
This is a public hearing to consider the
Development Fee amendment (decrease)
for the San Joaquin County Multi-Species
Habitat Conservation and Open Space Plan
(SJMSCP) for all new development
pursuant to the SJMSCP within the City of
Ripon.

Recommended Action: Adopt the
resolution amending the San Joaquin
County Multi-Species Habitat
Conservation and Open Space Plan 2023
Development Fee.

Planning Director Zuidervaart said this is the annual public hearing to consider the Development Fee amendment for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new development pursuant to the SJMSCP within the City of Ripon and said the rates went down slightly this year.

Council Member Barton said this is a tax on landowners, developers and ultimately, consumers. He said he is not necessarily saying this is not a good program, but the reasons for the program are dubious. Barton said he was the Chair for the Agriculture subcommittee for San Joaquin County when this passed and said this is a good deal for developers because it streamlines the process. He said the parcels on which the easements have been obtained are fairly scattered and do not appear to be cohesive. He said there is the potential to introduce the possibility of an endangered species environment adjacent to active farming operations and ultimately to develop a property. Barton said this is not as easy a decision as some people might think, the SJMSCP Plan does have issues.

Mayor Uecker asked if they have choice in the matter. Zuidervaart said developers have the choice to use this streamlined process or go through the Department of Fish and Game and U.S. Wildlife directly.

Council Member Zuber said if developers do not want to pay the fee, they have to buy an equivalent piece of property that would address the issues and then donate it.

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

PUBLIC HEARING CLOSED
City Council Page 8 October 11, 2022
Motion to adopt Resolution 22-44 amending the 2023 San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan Development Fees.

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

3. ORDINANCES
Second Reading and Adoption
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 second reading and adoption of Ordinance 918 establishing the Planned Development Overlay District for the Terraces at Bethany Home project.

Motion to waive the second reading and adopt Ordinance 918 establishing the Planned Development Overlay District for the Terraces at Bethany Home project subject to and based on the findings in the August 9, 2022 staff report.

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

REPORTS
Department Heads:

Chief Ormonde said the Police Department will be participating in the Downtown Trick or Treat on October 28, 2022 at the library from 2:00 PM to 5:00 PM.

Planning Director Zuidervaart said there is Planning Commission meeting on October 17, 2022 to review a potential hotel near Flying J and a possible project on Doak Boulevard.

City Administrator Werner provided a summary of current Engineering projects for Council. He said the Corporation Yard Project is going out to bid this week and should be on the November or December Council meeting agenda for approval.

City Council Page 9 October 11, 2022
City Council:

Council Member Barton said he is excited for Main Street Day.

Barton said we live in an extraordinary time in our country and wanted to share a quote from the book 1984 from the lead character Winston Smith: "Freedom is the freedom to say that two plus two make four." He said people may recall that in the end Smith scrawls "two plus two makes five." Barton said in the United States there are a lot of people who will try to convince us that two plus two does not equal four. They will shame people and use any number of cultural elements to convince people that the reality seen is not reality. He said he is grateful to live in a town where reality continues to be reality, that the people who work for this town share in that and as long as the people continue to see reality as it is instead of how we think it might be, it will continue to be a great place to live.

Council Member de Graaf said he is excited for the events coming up and thanked Donohue for all her work. He said the City Council Candidate forum went very well. de Graaf invited Ormonde to share information regarding the Pink Patch Project. Ormonde said the Police Department received a number of donations from members of the community several years ago to purchase the pink patches and participate in the Pink Patch Project as a fundraiser for the American Cancer Society. He said there were no City or Governmental funds used to purchase these patches. The Police Department sells them and all the money goes to the local American Cancer Society facility in Modesto. This project helps bring awareness to breast cancer.

Mayor Uecker said the Chamber did a wonderful job on the City Council Candidate forum.

There being no further business, the meeting was adjourned at 6:21 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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.
1 Packet Pg. 10
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 11
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 12
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 13
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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).
1 Packet Pg. 14
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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**
1 Packet Pg. 15
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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 long1 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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

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.
1 Packet Pg. 17
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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

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.

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. 1 Packet Pg. 18
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 19
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 20
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 21
Minutes Acceptance: Minutes of Sep 13, 2022 6:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 22
Attachment: 2022 07 advance (3592 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2200026 and 2200026AIssue Date: September 7, 2022Fiscal Year: 2022-2023Collection Period: July 24, 2022 - August 23, 2022Description: Streets & Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Rhodora Bravo at 916-324-8361 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 $15,817.13 $7,477.95 $4,864.36 $10,589.97 $0.00 $0.00 $38,749.41 $0.00 $38,749.41 $77,820.38

1.1.A.b
Packet Pg. 23
Attachment: fy2223_08hwycityra (3592 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2200036 and 2200036A
Issue Date: September 22, 2022
Fiscal Year: 2022-2023
Collection Period: August 01, 2022 - August 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 15,979 $29,236.70 $29,236.70
1 of 1

1.1.A.c
Packet Pg. 24
Attachment: rmra_cities_remit_2223_sept22 (3592 : State of California)

1.1.B.a
Packet Pg. 25
Attachment: CCATT (3605 : CCATT Holdings)

1.1.C.a
Packet Pg. 26
Attachment: Waste Management (3608 : Waste Management)

1.1.C.a
Packet Pg. 27
Attachment: Waste Management (3608 : Waste Management)
DATE
9/1/2022
INVOICE #
10963
Bill To
City of Ripon
Attn.: Mr. Kevin Werner
259 N. Wilma
Ripon, CA 95366
San Joaquin Partnership, Inc.
2431 W. March Lane, Suite #103
Stockton, CA 95207

DUE DATE
10/1/2022
Thank you for your continued support in the San Joaquin Partnership Total
Please note that the San Joaquin Partnership is a (501)(c)(6) non profit corporation. Payments are not deductible as charitable contributions for Federal income tax purposes. They are deductible as business expenses for most taxpayers; Taxpayer ID
#94-3140077.

Make check payable to:

San Joaquin Partnership, Inc.

Mail check to:

San Joaquin Partnership, Inc.
2431 W. March Lane, #103
Stockton, CA 95207

ITEM DESCRIPTION AMOUNT
Public-Annual 2022/2023 Investment to the San Joaquin Partnership, Inc. 5,000.00 $5,000.00

1.2.A.a
Packet Pg. 28
Attachment: (09.01.22)_INV.10963_City of Ripon (3538 : San Joaquin Partnership Annual Fee) Invoice
Date
9/25/2022
Invoice #
138
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
Call regarding homeless encampments and City
response, review recent caselaw and advise-call to
client regarding same.
8/29/2022 THT 295.00 590.00 2
Work on Assignment and Assumption Agreement,
logistics of signing and notarizing same; call to Chief Ormonde regarding homeless response protocol on
Stanislaus River, discuss with client.
9/1/2022 THT 295.00 885.00 3
Legal research on prevailing wage issue, discuss with
client, work on edits to Council meeting staff report,
follow up on same.
9/8/2022 THT 295.00 885.00 3
Legal research on vested rights issue on pending
development project.
9/9/2022 THT 295.00 885.00 3
Further review of existing entitlement docs for North
Point project, research on best way to re-structure
entitlements, discuss with Ken, call from Kevin re
same.
9/12/2022 THT 295.00 1,032.50 3.5
Legal research on prevailing wage issues, draft and
send emails, prepare outline for presentation during
closed session, coordinate with Kevin on same,
attend Council meeting and closed session.
9/13/2022 THT 295.00 2,065.00 7
Follow up on agenda items, call to Councilmember re
same.
9/14/2022 THT 295.00 442.50 1.5
Emails, calls regarding tentative map extensions,
check with staff on previous requests and extensions
granted.
9/16/2022 THT 295.00 442.50 1.5
General-further review of Meadowood DA,
conditions, email to client with potential options for
extensions of development permit and Tentative
Map.
9/20/2022 THT 295.00 516.25 1.75
Conference call with client to discuss
recommendations, further notes and work on
language for staff recommendations
9/21/2022 THT 295.00 590.00 2
Call with clients regarding DA extension, map
extension; review and discuss options with client
9/22/2022 THT 295.00 368.75 1.25

Page 1 ends

1.2.B.a
Packet Pg. 29
Attachment: City Invoices - September 2022 (3606 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2022
Invoice #
138
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Review and analysis of pending project, conditions
requiring simultaneous permitting and development
of adjoining sites.
9/23/2022 THT 295.00 737.50 2.5

Page 2 ends

$9,440.00

1.2.B.a
Packet Pg. 30
Attachment: City Invoices - September 2022 (3606 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2022
Invoice #
139
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 police reports from Ripon PD, phone call
with THT re same (Neumiller & Beardslee Invoice
Number 332069).
8/25/2022 TTJ 60.00 60.00
Research, evaluate request for Police Report in
domestic violence matter, follow up with client,
assist with drafting response.
9/2/2022 THT 295.00 737.50 2.5
Review list of pending cases, schedule dates for
hearing or arraignment.
9/7/2022 THT 295.00 295.00 1
Emails to and from client, review new cases, contact
Neumiller.
9/12/2022 THT 295.00 221.25 0.75
Review and discuss strategy for upcoming RMC
cases on fireworks, open container, discuss with
Chief.
9/20/2022 THT 295.00 295.00 1
$1,608.75

1.2.B.a
Packet Pg. 31
Attachment: City Invoices - September 2022 (3606 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2022
Invoice #
140
Bill To
City of Ripon - Meadowood
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 #
1084-212
Total
Date Attorney Description Rate Hours Amount
Discuss extension request, evaluate same in light of
DA, confer with Ken and Kevin regarding same.
9/8/2022 THT 295.00 368.75 1.25
$368.75

1.2.B.a
Packet Pg. 32
Attachment: City Invoices - September 2022 (3606 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2022
Invoice #
141
Bill To
City of Ripon - Padilla ADU
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 #
1084-402
Total
Date Attorney Description Rate Hours Amount
Work on response to letter re: 125 Walnut, emails re
same.
8/29/2022 THT 295.00 295.00 1
Calls, emails to and from Hatch, opposing counsel
regarding Padilla matter, work on letter.
9/16/2022 THT 295.00 442.50 1.5
Calls to and from Ryan Davies, attorney for Padilla,
calls to and from client re: case strategy, review
building department notes and file documents, work
on letter.
9/22/2022 THT 295.00 885.00 3
Follow up on pending cases, call regarding Padilla
matter; update file notes.
9/23/2022 THT 295.00 295.00 1
$1,917.50

1.2.B.a
Packet Pg. 33
Attachment: City Invoices - September 2022 (3606 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2022
Invoice #
149
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
Council Meeting: Prepare, attend on the Bethany
Homes item. (Neumiller & Beardslee Invoice
Number 332069).
8/9/2022 DJS 120.00 120.00
$120.00

1.2.B.a
Packet Pg. 34
Attachment: City Invoices - September 2022 (3606 : Law Office of Thomas H. Terpstra)

1.2.C.a
Packet Pg. 35
Attachment: Price Paige (3589 : Price Paige & Company)

1.2.D.a
Packet Pg. 36
Attachment: Invoice AR113267_SJRTD (3595 : SJRTD)
Bill To

INVOICE
Description Amount
Invoice Date
Total Due
Delinquent Date
Customer # Invoice #
RMA 2023-00123
09/19/2022
$233,164.00
CRI090
2022/2023 2ND QUARTER DEPOSITS

CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
800.541.4591
916.244.1199 Fax
11/03/2022
Liability Program 90,520.00
Workers' Compensation Program 139,987.00
Crime Shield Program 2,657.00
TOTAL AMOUNT DUE $233,164.00
Please make check payable to CSJVRMA and remit payment to the above address.

Delinquent amounts shall be assessed a 1% penalty plus interest at the rate of 10% per annum.

CSJVRMA ACCEPTS ELECTRONIC PAYMENTS
To obtain ACH/wiring instructions, please contact Katie O’Brien, Finance Manager.

[email protected] ~ (916) 244-1192 (Direct)

1.2.E.a
Packet Pg. 37
Attachment: RMA 2023-00123 Ripon (3591 : CSJVRMA 2022/2023 2nd Quarter)

1.2.F.a
Packet Pg. 38
Attachment: Banc of America WasteWater payment (3598 : Banc of America - 2011 Waste Water Bonds)

1.2.F.a
Packet Pg. 39
Attachment: Banc of America WasteWater payment (3598 : Banc of America - 2011 Waste Water Bonds)

1.2.F.a
Packet Pg. 40
Attachment: Banc of America WasteWater payment (3598 : Banc of America - 2011 Waste Water Bonds) E-mail: [email protected]
Payable to:

Date Description Hours Rate Total
5/1/2022 1.0 $157.50 $157.50
5/19/2022 1.0 $157.50 $ 157.50
5/26/2022 2.0 $157.50 $ 315.00
6/1/2022 0.5 $157.50 $ 78.75
6/2/2022 1.0 $157.50 $ 157.50
6/2/2022
Hours: 5.5 Subtotal $866.25
Notes: Mileage: 66.6 mi $38.63
Total Balance Due
$10,000
$3,953.52
Per the contract, the hourly rate of services rendered on/after July 1, 2022, will increase by 5% (from $157.50 to $165.38. $904.88
Contract Amount:

Balance Available:
(After payment)
Site visit of some of the covered businesses; call to Public Works Director.

Phone call to Waste Management to ask about services and if there are options for Organics recycling for businesses.

Calls to and site visits of non-compliant MCR/MOR covered businesses; updated the list.

Mileage: 66.6 miles (from Riverbank, to Ripon and back to Merced) @ $0.58/mi = $38.63 Phone call with Gilton and a general call made to Waste Management on Organics services available for City of Ripon; messaged PW Director (followup meeting between City and haulers is needed).

Project Due date
Assistance with waste diversion programs, AB 341/AB 1826 compliance, and SB 1383 implementation.

Net 30 days
Follow-up with "Covered Businesses" under MCR/MOR
City of Ripon
259 N Wilma Ave
Ripon, CA 95366
Halpin Compliance Solutions
Jennifer Halpin
P.O. Box 1066
Merced, CA 95341
For services rendered
between: 5/1/22 - 6/30/22
JHC, LLC // DBA Halpin Compliance Solutions
P.O. Box 1066
Merced, CA 95341-1066
Phone: (209) 761-1004
Invoice #22-R-0056
June 30, 2022
Invoice for Invoice #22-R-0056

1.2.G.a
Packet Pg. 41
Attachment: 22-R-0056_Invoice (3588 : Halpin Compliance Solutions) E-mail: [email protected]
Payable to:

Date Description Hours Rate Total
7/12/2022 2.0 $165.38 $ 330.76
7/14/22-
7/15/2022 1.5 $165.38 $ 248.07
7/21/2022 1.0 $165.38 $ 165.38
7/26/22-
7/27/2022 1.5 $165.38 $ 248.07
7/29/2022 1.0 $165.38 $ 165.38
Hours: 7.0 Subtotal $1,157.66
Notes: Mileage: 0.0
Total Balance Due
$10,000
Balance Available: $2,795.86
(After payment)
Per the contract, the hourly rate of services rendered on/after July 1, 2022, will increase by 5% (from $157.50 to $165.38). $1,157.66
Contract Amount:

List of Tiered Food Generators within City limits (based on SB1383 definitions/criteria).

Filled out Organics Capacity Planning Info for the City after obtaining information needed for the CalRecycle calculation and for the max. capacity at the Waste Management facility.

Filled out the Edible Food Capacity Planning form; sent it to County Environmental Health.

Sent the Organics Capacity Planning form to County Public Works. County to report info from both forms to CalRecycle under SB1383 requirements. Forwarded both forms and the list of tiered food generators to City for City records.

Continued calls to businesses; numbers sent to CalRecycle.

Project Due date
Assistance with waste diversion programs, AB 341/AB 1826 compliance, and SB 1383 requirements.

Net 30 days
Review of the MCR/MOR list. Phone calls to a few of the locations to add activities when able to. Compiled total numbers and sent them to City staff for confirmation/review.

City of Ripon
259 N Wilma Ave
Ripon, CA 95366
Halpin Compliance Solutions
Jennifer Halpin
P.O. Box 1066
Merced, CA 95341
For services rendered
between: 7/1/22 - 7/29/22
JHC, LLC // DBA Halpin Compliance Solutions
P.O. Box 1066
Merced, CA 95341-1066
Phone: (209) 761-1004
Invoice #22-R-0070
July 29, 2022
Invoice for Invoice #22-R-0070

1.2.G.b
Packet Pg. 42
Attachment: 22-R-0070_Invoice (3588 : Halpin Compliance Solutions)

1.2.H.a
Packet Pg. 43
Attachment: Invoice 11_Soracco, Inc (3594 : Soracco, Inc.)

1.2.I.a
Packet Pg. 44
Attachment: Invoice 1981641_Stantec (3596 : Stantec Consulting Services, Inc.)

1.2.I.a
Packet Pg. 45
Attachment: Invoice 1981641_Stantec (3596 : Stantec Consulting Services, Inc.)

1.2.J.a
Packet Pg. 46
Attachment: Invoice 51958_BaseCamp (3597 : Basecamp Environmental, Inc.)

1.2.K.a
Packet Pg. 47
Attachment: Invoice 2205_Dirt Dynasty, Inc (3599 : Dirt Dynasty, Inc.) MEMO
To: Honorable City Council
From: Kevin Werner, City Engineer
Date: 10/11/2022
Subject: Invoice 4237, 4238, 4239 & 4240 - Vaughan Construction RECOMMENDED ACTION:

Council to approve payment for Invoice #4237 in the amount of $1,194.75, Invoice #4238 in the amount of $1,052.50, Invoice #4239 in the amount of $5,817.00 and Invoice #4240 in the amount of $2,614.75.

BACKGROUND:

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

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

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

DISCUSSION/ANALYSIS:

Below is a summary of Sidewalk Trip Hazards from the period of July 1, 2019 to September 30, 2022.

Responsible Party
Complete
2019
Complete
2020
Complete
2021
Complete
2022
Pending
Completion
City 7 6 4 4 1
Homeowner/Utility Co. 6 16 5 3 7
TOTALS 13 22 9 7 8
FISCAL IMPACT:

Invoice #4238 in the amount of $1,052.50 and Invoice #4239 in the amount of $5,817.00 includes payment for 2 completed sites paid for through the Street & Road Fund. Both of these sites are the City’s responsibility. Invoice #4237 in the amount of $1,194.75 and Invoice #4240 in the amount of $2,614.75 includes payment for 2 completed sites paid for through the Street & Road Fund. Both of these sites are the homeowner’s responsibility, and the homeowner has agreed in writing to reimburse the City for the repair cost.

1.2.L.a
Packet Pg. 48
Attachment: Staff Report Vaughan 2022.10.11 (3600 : Vaughan Construction) Invoice
Date
9/21/2022
Invoice #
4237
Bill To
City of Ripon
259 N. Wilma Ave
Ripon, CA 95366
VAUGHAN Construction
4701 Fig Avenue
Manteca, CA 95337
Terms
Due on receipt
Project
22-337 Sidewalk Re...

Total
Balance Due
Payments/Credits
Phone: 209-824-4559
[email protected]
www.vaughanconstruction.net
CSLB # 782137
Item Description Qty Rate Curr % Total % Amount
Site Concrete 1350 Atlantic 1,194.75 100.00% 100.00% 1,194.75 $1,194.75
$1,194.75
$0.00

READY TO PAY
Cole Beckerdite
10/4/22

1.2.L.b
Packet Pg. 49
Attachment: Invoice 4237_Vaughan Construction (3600 : Vaughan Construction) Invoice
Date
9/21/2022
Invoice #
4238
Bill To
City of Ripon
259 N. Wilma Ave
Ripon, CA 95366
VAUGHAN Construction
4701 Fig Avenue
Manteca, CA 95337
Terms
Due on receipt
Project
22-337 Sidewalk Re...

Total
Balance Due
Payments/Credits
Phone: 209-824-4559
[email protected]
www.vaughanconstruction.net
CSLB # 782137
Item Description Qty Rate Curr % Total % Amount
-1 0.00
Site Concrete 1318 Atlantic Ave 1,052.50 100.00% 100.00% 1,052.50 $1,052.50
$1,052.50
$0.00

READY TO PAY
Cole Beckerdite
10/4/22

1.2.L.c
Packet Pg. 50
Attachment: Invoice 4238_Vaughan Construction (3600 : Vaughan Construction) Invoice
Date
9/21/2022
Invoice #
4239
Bill To
City of Ripon
259 N. Wilma Ave
Ripon, CA 95366
VAUGHAN Construction
4701 Fig Avenue
Manteca, CA 95337
Terms
Due on receipt
Project
22-337 Sidewalk Re...

Total
Balance Due
Payments/Credits
Phone: 209-824-4559
[email protected]
www.vaughanconstruction.net
CSLB # 782137
Item Description Qty Rate Curr % Total % Amount
0 0.00
0 0.00
Site Concrete 201 Wilma 5,817.00 100.00% 100.00% 5,817.00 $5,817.00
$5,817.00
$0.00

READY TO PAY
Cole Beckerdite
10/4/22

1.2.L.d
Packet Pg. 51
Attachment: Invoice 4239_Vaughan Construction (3600 : Vaughan Construction) Invoice
Date
9/21/2022
Invoice #
4240
Bill To
City of Ripon
259 N. Wilma Ave
Ripon, CA 95366
VAUGHAN Construction
4701 Fig Avenue
Manteca, CA 95337
Terms
Due on receipt
Project
22-337 Sidewalk Re...

Total
Balance Due
Payments/Credits
Phone: 209-824-4559
[email protected]
www.vaughanconstruction.net
CSLB # 782137
Item Description Qty Rate Curr % Total % Amount

0.00 0.00

0.00 Site Concrete 640 Milgeo 2,614.75 100.00% 100.00% 2,614.75 $2,614.75
$2,614.75
$0.00

READY TO PAY
Cole Beckerdite
10/4/22

1.2.L.e
Packet Pg. 52
Attachment: Invoice 4240_Vaughan Construction (3600 : Vaughan Construction)

1.2.M.a
Packet Pg. 53
Attachment: Invoice 160367_Wood Rodgers, Inc. (3607 : Wood Rodgers, Inc.)

1.2.M.a
Packet Pg. 54
Attachment: Invoice 160367_Wood Rodgers, Inc. (3607 : Wood Rodgers, Inc.)

1.2.M.a
Packet Pg. 55
Attachment: Invoice 160367_Wood Rodgers, Inc. (3607 : Wood Rodgers, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/11/2022
Subject: 2023 Health and Welfare Plan for City Council and Employees RECOMMENDED ACTION:

Staff is recommending the City Council consider approving the following:

1. Provide the following health and welfare plans to all City employees during calendar year 2023:
• Kaiser Healthcare
• CSAC Blue Shield Healthcare
• Sunlife Dental
• VSP-Sunlife Vision
• Sunlife Life Insurance
• Sunlife Long-term Disability

2. For Administrative Staff and Non-represented Police Department employees1 participating in the Blue Shield healthcare plan for calendar year 2023, the City and employees are to share in the premium increase above the premium maximum of $1,755.

3. For Administrative Staff and Non-represented Police Department employees1 participating in the Kaiser healthcare plan for calendar year 2023, the City and employees are to share in the premium increase above the premium maximum of $1,850.

4. For calendar year 2023, the City to continue reimbursing Administrative Staff and Nonrepresented Police Department employees1 participating in the Blue Shield healthcare
plan for 100 percent of the deductible cost. Also, the City to reimburse these employees for co-insurance cost after $2,000 is paid by the employee.

1 The negotiated Memorandum of Understanding for each represented group includes the same benefit.

1.3.A
Packet Pg. 56
BACKGROUND/DISCUSSION:

Bohannon’s Insurance Group has received renewal quotes for the City provided health and welfare plans for calendar year 2023.

Annual Cost Summary
Below is comparison of the calendar year 2022 health and welfare annual premium cost to the 2023 renewal quotes received:

Table 1 -- Annual Premium Renewal Summary
Plan 2022 2023 % Change
Kaiser Healthcare $935,526 $966,637 +3.3%
CSAC Blue Shield Healthcare $596,864 $653,486 +9.5%
Sunlife Dental $91,052 $91,052 -
MES Vision $16,434 $16,434 -
Sunlife Life Insurance/LTD $14,832 $14,832 -
Total $1,654,708 $1,742,441 +5.3%
Employee Monthly Premium Responsibility
As of January 1, 2015, the City and employees began sharing in premium increases above a defined baseline premium. For calendar year 2022, the baseline premium was $1,850 and $1,650 per month for Kaiser and Blue Shield participants, respectively. Staff is recommending the 2023 premium baseline for Blue Shield participants be increased from $1,650 to $1,755 per month because of the larger annual increase in the 2023 premium increase of +9.5% from Blue Shield, as compared to the +3.3% Kaiser increase. This baseline premium increase will maintain a similar employee contribution to an employee’s share of the premium increases that have occurred since 2015 for both those employees with Blue Shield and Kaiser. The additional expense to the City as a result of this change to the baseline premium is $20,000.

The following table summarizes the changes to the employee monthly premiums from calendar year 2022 to 2023.

1.3.A
Packet Pg. 57
Table 2 -- Summary of Monthly Premiums
CATEGORY 2022
PREMIUM b
2023
PREMIUM b

EMPLOYEE

RESPONSIBILITY
CITY

RESPONSIBILITY
Employees w/ Blue Shielda
Plan a
Employee Only $773.41 $842.42 $0 $842.42
Employee + Spouse $1,548.37 $1,687.42 $0 $1,687.42
Employee + Children $1,566.84 $1,705.89 $0 $1,705.89
Employee + Family $2,045.27 $2,225.52
$235.26
(2022:$197.63)
)
$1,990.26
Employees w/ Kaiser Plan
Employee Only $731.83 $754.74 $0 $754.74
Employee + Spouse $1,599.88 $1,650.26 $0 $1,650.26
Employee + Children $1,480.61 $1,526.41 $0 $1,526.41
Employee + Family $2,209.98 $2,278.69
$214.35
(2022:$179.99) $2,064.34
Note(s):
a. The reimbursement for deductible and co-insurance is not included. Employees participating in the Blue Shield plan are reimbursed 100 percent of the Blue Shield plan healthcare deductible cost. Also, the City reimburses these employees coinsurance cost after the first $2,000 is paid by the employee. The maximum reimbursement by the City is $3,000 individual/$8,000 family, per year.
b. Includes healthcare, dental, vision, and chiropractic premiums.

Reimbursement of Employee Deductible and Co-Insurance
Starting in 2013, the City changed the previously offered Blue Shield Gold Plan to a Silver Plan, which provided a significant premium savings, although included a higher deductible and coinsurance requirement. The City agreed to reimburse the employees for 100 percent of the deductible cost and co-insurance cost, after the employee pays the first $2,000 of the coinsurance.

Below is a summary of the premium savings realized from switching from the Blue Shield Gold Plan to the Silver Plan compared to the actual deductible and co-insurance reimbursement cost.

Table 3 -- Summary of Deductible and Co-Insurance Cost
Year Premium
Savings
Reimbursement
Cost
Annual
Savings
2013 $188,786 $31,377 $157,409
2014 $197,084 $52,953 $144,131
2015 $194,508 $47,877 $146,631
2016 $206,672 $35,648 $171,024
2017 $215,730 $34,935 $180,795
2018 $215,583 $49,950 $165,633
2019 $210,111 $37,398 $172,713
2020 $219,501 $27,800 $191,701
2021 $236,459 $25,816 $210,643
2022 $256,668 $30,000 (a) $226,668
Note(s):
a. Reimbursement cost is projected based on the actual cost received through August 2022.

1.3.A
Packet Pg. 58
This program has allowed the City to continue to provide a high level of healthcare benefit to the employee during a time when healthcare costs were experiencing significant cost increases.

1.3.A
Packet Pg. 59
RESOLUTION NO. 22-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ADOPTING AN INCREASE IN THE COST OF

HEALTH AND WELFARE BENEFITS TO BE PROVIDED TO

NON-REPRESENTED EMPLOYEES AND CITY COUNCIL
MEMBERS IN CALENDAR YEAR 2023
WHEREAS, the City Council of the City of Ripon is desirous of providing health and welfare benefits for all employees of the City of Ripon (“Employees”) for calendar year 2023; and
WHEREAS, consistent with State law and pursuant to Ripon Municipal Code Chapter

2.04.010, each member of the City Council is entitled to receive health benefits at the same level, and including the same coverage, as City employees; and WHEREAS, previously the City agreed to pay 50 percent of the premium increase above the maximum monthly contribution of $1,850 for employees enrolled with Kaiser Permanente and $1,650 for employees enrolled with Blue Shield; and WHEREAS, the City Council is desirous of increasing the maximum monthly contribution amounts for Kaiser Permanente and Blue Shield to $1,850 and $1,755, respectively; and
WHEREAS, pursuant to Ripon Municipal Code 2.04.010, prior to the City Council approving any increase in the cost of providing health benefits to City Council members, the City Council may consider whether to accept said increase at a public meeting after public input.

Thereafter, the City Council may adopt a resolution approving said increase, or a portion of said increase.

NOW, THEREFORE, BE IT RESOLVED, the following summarizes the health and welfare plans to be provided for calendar year 2023:
• Kaiser Healthcare
• CSAC Blue Shield Healthcare
• Sunlife Dental
• VSP Sunlife Vision
• Sunlife Life Insurance
• Sunlife Long-term Disability
BE IT FURTHER RESOLVED, that for calendar year 2023, the City agrees to pay 50 percent of the premium increase above the maximum monthly contribution of $1,850 for employees enrolled with Kaiser Permanente and $1,755 for employees enrolled with Blue Shield; and

1.3.A
Packet Pg. 60
BE IT FURTHER RESOLVED that the City Council of the City of Ripon does hereby approve the increase in cost for the City to provide health benefits for calendar year 2023 to City employees and Council members, as described in the table below.

CATEGORY
2022
PREMIUM b
2023
PREMIUM b

EMPLOYEE

RESPONSIBILITY
CITY

RESPONSIBILITY
Employees w/ Blue Shield Plan a
Employee Only $773.41 $842.42 $0 $842.42
Employee + Spouse $1,548.37 $1,687.42 $0 $1,687.42
Employee + Children $1,566.84 $1,705.89 $0 $1,705.89
Employee + Family $2,045.27 $2,225.52
$235.26
(2022:$197.63) $1,990.26
Employees w/ Kaiser Plan
Employee Only $731.83 $754.74 $0 $754.74
Employee + Spouse $1,599.88 $1,650.26 $0 $1,650.26
Employee + Children $1,480.61 $1,526.41 $0 $1,526.41
Employee + Family $2,209.98 $2,278.69
$214.35
(2022:$179.99) $2,064.34
Note(s):
a. The reimbursement for deductible and co-insurance is not included. Employees participating in the Blue Shield plan are reimbursed 100 percent of the Blue Shield plan healthcare deductible cost. Also, the City reimburses these employees coinsurance cost after the first $2,000 is paid by the employee. The maximum reimbursement by the City is $3,000 individual/$8,000 family, per year.
b. Includes healthcare, dental, vision, and chiropractic premiums.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of October, 2022, by the following vote:

RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, 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

1.3.A
Packet Pg. 61
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/11/2022
Subject: Amendment 2 to Ripon Police Officer's Association MOU This resolution adopts Amendment No. 2 to the Memorandum of Understanding for all employees of the City of Ripon Police Officers’ Association (RPOA) for Fiscal Years 2021 – 2024 that increases the baseline premium for Blue Shield participants from $1,650 to $1,755 per month.

Attachments:

1. AMENDMENT NO. 2 RPOA MOU 21-24

1.3.B
Packet Pg. 62
RESOLUTION NO. 22-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ADOPTING AMENDMENT NO. 2 TO THE

MEMORANDUM OF UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL EMPLOYEES OF THE CITY OF

RIPON POLICE OFFICERS' ASSOCIATION
WHEREAS, the City Council of the City of Ripon is desirous of adopting Amendment No. 2 to the Memorandum of Understanding for all employees of the City of Ripon Police Officers’ Association (RPOA) for Fiscal Years 2021 – 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon does hereby adopt Amendment No. 2 attached hereto as Exhibit “A” to the Memorandum of Understanding for the period July 1, 2021 through June 30, 2024, filed with the City Clerk of the City of Ripon this 11
th day of October, 2022, as the current compensation plan for the City of Ripon for these employees.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of October, 2022, by the following vote:

RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, 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

1.3.B
Packet Pg. 63
Exhibit A

1.3.B.a
Packet Pg. 64
Attachment: AMENDMENT NO. 2 RPOA MOU 21-24 (22-41 : Amendment 2 to Ripon Police Officer's Association MOU) Exhibit A

1.3.B.a
Packet Pg. 65
Attachment: AMENDMENT NO. 2 RPOA MOU 21-24 (22-41 : Amendment 2 to Ripon Police Officer's Association MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/11/2022
Subject: Amendment 2 to Ripon Police Sergeants' Association MOU This resolution adopts Amendment No. 2 to the Memorandum of Understanding for all employees of the City of Ripon Sergeants’ Association (RSA) for Fiscal Years 2021 – 2024 that increases the baseline premium for Blue Shield participants from $1,650 to $1,755 per month.

Attachments:

1. AMENDMENT NO. 2 RSA MOU 21-24

1.3.C
Packet Pg. 66
RESOLUTION NO. 22-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ADOPTING AMENDMENT NO. 2 TO THE

MEMORANDUM OF UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL EMPLOYEES OF THE CITY OF

RIPON POLICE SERGEANTS' ASSOCIATION
WHEREAS, the City Council of the City of Ripon is desirous of adopting Amendment No. 2 to the Memorandum of Understanding for all employees of the City of Ripon Sergeants’ Association (RSA) for Fiscal Years 2021 – 2024.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of October, 2022, by the following vote:

RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, 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

1.3.C
Packet Pg. 67
Exhibit A

1.3.C.a
Packet Pg. 68
Attachment: AMENDMENT NO. 2 RSA MOU 21-24 (22-42 : Amendment 2 to Ripon Police Sergeants' Association MOU) Exhibit A

1.3.C.a
Packet Pg. 69
Attachment: AMENDMENT NO. 2 RSA MOU 21-24 (22-42 : Amendment 2 to Ripon Police Sergeants' Association MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/11/2022
Subject: Amendment 2 to Public Works MOU
This resolution adopts Amendment No. 2 to the Memorandum of Understanding for all employees of the City working in the classification of Public Works Maintenance, Public Works Foreman and Public Works Supervising Foreman for Fiscal Years 2021 – 2024 that increases the baseline premium for Blue Shield participants from $1,650 to $1,755 per month.

Attachments:

1. Amendment 2 to RCEA MOU 21-24

1.3.D
Packet Pg. 70
RESOLUTION NO. 22-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ADOPTING AMENDMENT NO. 2 TO THE

MEMORANDUM OF UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL EMPLOYEES OF THE CITY OF

RIPON WORKING IN THE CLASSIFICATIONS OF PUBLIC

WORKS MAINTENANCE, PUBLIC WORKS FOREMAN AND

PUBLIC WORKS SUPERVISING FOREMAN
WHEREAS, the City Council of the City of Ripon is desirous of adopting Amendment No. 2 to the Memorandum of Understanding for all employees of the City working in the classification of Public Works Maintenance, Public Works Forman and Public Works Supervising Foreman for Fiscal Years 2021 – 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon does hereby adopt Amendment No. 2 attached hereto as Exhibit “A” to the Memorandum of Understanding for the period July 1, 2021 through June 30, 2024, filed with the City Clerk of the City of Ripon on the 11
th day of October, 2022, as the current compensation plan for the City of Ripon for these employees.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of October, 2022, by the following vote:

1.3.D
Packet Pg. 71
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, 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

1.3.D
Packet Pg. 72
Exhibit A

1.3.D.a
Packet Pg. 73
Attachment: Amendment 2 to RCEA MOU 21-24 (22-43 : Amendment 2 to Public Works MOU) Exhibit A

1.3.D.a
Packet Pg. 74
Attachment: Amendment 2 to RCEA MOU 21-24 (22-43 : Amendment 2 to Public Works MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/11/2022
Subject: Measure K Renewal Cooperative Agreement - Blossom Express

RECOMMENDATION
Approve and authorize the Mayor to sign the Fourth Amendment to the Measure K Renewal Cooperative Agreement (C-18-001 A-4) with San Joaquin Council of Governments (SJCOG) in order to receive funding to operate the Blossom Express transit service over a one year period from July 1, 2022 through June 30, 2023.

BACKGROUND
The City of Ripon receives Measure K funds to operate the Blossom Express service. The Blossom Express operates 2 times a week for 5 hours each day providing stops near Bethany Home, downtown Ripon, Kaiser Hospital in Modesto and the Vintage Faire Mall Food Court.

DISCUSSION
The following table is a summary of the Blossom Express annual expenses and revenue for the last two years and what is projected for fiscal year 2022-23.

Actual Actual Projected
FY 20/21 FY 21/22 FY 22/23
Expenses $56,329 $56,960 $56,112
RTD Driver $13,719 $13,871 $13,661
Administration/Maintenance $24,004 $24,270 $23,903
Contingency $18,606 $18,819 $18,547
Revenue $56,329 $56,960 $56,112
Fares $3,269 $2,848 $2,000
Measure K Renewal $53,060 $54,112 $54,112
The following table is a summary of the Blossom Express number of riders and the fare box recovery for the last two years and the projection for fiscal year 2022-23.

1.4.A
Packet Pg. 75
FY 20/21 FY 21/22 FY 22/23
Number of Riders 1564 671 661
Fare Box Recovery 5.8% 5.00% 3.56%

FISCAL IMPACT
The Blossom Express service is proposed to be continued to be funded through Measure K Renewal transit funds and passenger fares.

Attachments:

1. C-18-001 A4

2. C-18-001 - NTP - City of Ripon - Measure K Transit Agreements 6-2022 - signed

1.4.A
Packet Pg. 76
C-18-001 A4
City of Ripon
AMENDMENT #4 TO THE

MEASURE K RENEWAL
COOPERATIVE AGREEMENT (C-18-001)

FOR THE CITY OF RIPON TRANSIT

OPERATIONS PROJECT
This Amendment #4 to the Measure K Renewal Cooperative Agreement for the City of Ripon Transit Operations Project is made as of this 1st day of July, 2022 by and between the City of Ripon ("Sponsor") and the San Joaquin Council of Governments acting as the Local Transportation Authority ("Authority").

RECITALS
A. On June 23, 2022 the SJCOG Board approved amending the terms of the City of Ripon Transit Operations Project Cooperative Agreement to extend the term to June 30, 2023, and increase the maximum not-to-exceed amount by $54,112 in Fiscal Year 2022/23.

B. The parties now wish to amend the original Agreement to reflect these changes.

WHEREAS, the Authority is authorized under the LTIP to issue Measure K Renewal funds to Sponsor for $278,665 over a six-year period starting July 1, 2017 for the Project as estimated by the Sponsor in Exhibit "A"; and
WHEREAS, the Sponsor estimates the total Project budget is $292,484 over a six-year period starting July 1, 2017 of which the Measure K Renewal portion is $278,665 (96.00% of budget) during this time period as specified in Exhibit "A"; and WHEREAS, the allocation of $54,112 for FY 2022-23 provides the complete LTIP authorization of $278,665; and
WHEREAS, Authority expects that the Sponsor will supplement Measure K Renewal funds with available revenues. The Use of Funds is for operating costs only and not approved for capital; and
WHEREAS, Authority shall issue reimbursement payments as provided in Section 2.1 to Sponsor over the course of the Project and such funds shall be released to Sponsor pursuant to a request for reimbursement submitted by the Sponsor; however, the Sponsor understands that in no event shall reimbursement payments, when aggregated with previously approved reimbursement requests, exceed the Measure K Renewal commitment set forth in the Project Cooperative Agreement of $278,665; and
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:

1.4.A.a
Packet Pg. 77
Attachment: C-18-001 A4 (3434 : Measure K Renewal Cooperative Agreement - Blossom Express) C-18-001 A4
City of Ripon

1.5. Measure K Renewal Percentage Share Defined. For this Project, the estimated Measure K Renewal percentage share of eligible reimbursements shall not exceed the project total cost of $278,665 or 96.00%, whichever is the lower of the actual costs.

1.6. Completion of Project. Sponsor shall be responsible for the timely completion of the Project and to provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work. The Co-operative agreement end date is June 30, 2023. Within 30 days of its adoption, Sponsor shall copy and forward to the Authority the resolution certifying that the Project has been accepted as complete.

IN WITNESS WHEREOF, the undersigned parties have executed this Amendment #1 on the day and year firstwritten above.

CITY OF RIPON SAN JOAQUIN COUNTY

TRANSPORTATION AUTHORITY
By:_____________________________ By:______________________________

DEAN UECKER ROBERT RICKMAN
CITY MAYOR Chair
ATTEST:

By:_____________________________ By:______________________________

LISA ROOS DIANE NGUYEN, AICP
City Clerk Executive Director
APPROVED AS TO FORM:

By:_____________________________ By:______________________________

TOM TERPTRA STEVE DIAL
City Attorney Deputy Executive Director/CFO

1.4.A.a
Packet Pg. 78
Attachment: C-18-001 A4 (3434 : Measure K Renewal Cooperative Agreement - Blossom Express) C-18-001 A4
City of Ripon
EXHIBITA (As Amended)
City of Ripon
Transit Service

1. Project Names, Locations: City of Ripon Transit Service to Modesto

2. Project Sponsor, Contact Person, Phone Number:

City of Ripon
Kevin Werner
City Administrator 209-599-2035
[email protected]

3. Project Scope of Work:

Measure K Renewal funds will be utilized to increase service frequency and expand service hours on City of Ripon Transit Service Route 1that travels between various locations in Ripon and Modesto. Route 1 is a deviated fixed route connecting Ripon residents to Vintage Fair Mall Tuesday and Thursdays from 9:00 am to 1:00 pm, for two - three daily trips. The City of Ripon Transit Service is expected to serve approximately 1,500 passengers in a 12-month period. The City of Ripon transit services provide approximately 400 revenue service hours annually. The project funds will cover the equivalent of approximately 360 revenue hours annually.

4. Expected Time of Delivery of Overall Project (indicate if task is already completed, and phasing of the project):

Ripon Transit Operations
Start Date
July 2017
Completion Date
June 2023

1.4.A.a
Packet Pg. 79
Attachment: C-18-001 A4 (3434 : Measure K Renewal Cooperative Agreement - Blossom Express) C-18-001 A4
City of Ripon

5. Estimated Project Cost (as applicable for each of the phases described above):

6. Measure K Renewal Percentage Share and Measure K Renewal Not to Exceed Amount:

7. Source(s) and Amount(s) of Matching Funds:

FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Total Fares $1,424 $1,541 $2,737 $3,269 $2,848 $2,000 $13,819 Total $1,424 $1,541 $2,737 $3,269 $2,848 $2,000 $13,819

8. Funding Summary
FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Total Measure K $26,549 $38,812 $52,020 $53,060 $54,112 $54,112 $278,665 Matching
Funds
$1,424 $1,541 $2,737 $3,269 $2,848 $2,000 $13,819
Total $27,973 $40,353 $54,757 $56,329 $56,960 $56,112 $292,484 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Total Ripon
Transit
Operations $27,973 $40,353 $54,757 $56,329 $56,960 $56,112 $292,484.

FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23
Percent of Operations 94.91% 96.18% 95% 94.20% 95.00% 96.00% Measure K Renewal Not
to Exceed Amount $26,549 $38,812 $52,020 $53,060 $54,112 $54,112 $278,665

1.4.A.a
Packet Pg. 80
Attachment: C-18-001 A4 (3434 : Measure K Renewal Cooperative Agreement - Blossom Express)

SAN JOAQUIN COUNCIL OF GOVERNMENTS
555 E. Weber Avenue • Stockton, California 95202 • P 209.235.0600 • F 209.235.0438 • www.sjcog.org Leo Zuber
CHAIR
Robert Rickman

VICE CHAIR
Diane Nguyen

EXECUTIVE DIRECTOR
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,
RIPON,

STOCKTON,
TRACY,
AND

THE COUNTY OF SAN

JOAQUIN
Notice to Proceed
June 27, 2022
To: Kevin Werner, City of Ripon
Fr: Steve Dial, SJCOG Deputy Executive Director/CFO
Re: Notice to Proceed
On June 23rd, 2022 the San Joaquin Council of Governments (SJCOG) Board of Directors approved the extension of Measure K Transit Cooperative Agreements. This includes the agreement between the City of Ripon and SJCOG (C-18-001).

This letter is your notice to begin work related to the tasks outlined in the scope of work.

All work related to these tasks performed by Ripon and its sub-contractors is allowable for reimbursement, effective July 1, 2022.

The amendment to the Measure K Transit Cooperative Agreement between SJCOG and Ripon will be provided to you shortly for your review and comment. The final contract will need to be fully executed prior to actual SJCOG payment of project work.

If you have any questions, please reach out to me or Ryan Niblock, Deputy Director of Programming and Project Delivery, at 209-235-0588 or [email protected]. Thank you very much, and we look forward to our continued work with you! Sincerely,

STEVE DIAL
Deputy Executive Director/CFO

1.4.A.b
Packet Pg. 81
Attachment: C-18-001 - NTP - City of Ripon - Measure K Transit Agreements 6-2022 - signed (3434 : Measure K Renewal Cooperative City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 10/11/2022
Subject: Ripon Senior Center Rehab Project - Shade Structure RECOMMENDED ACTION:

City Council to approve the purchase of one (1) Landmark Shade Shelter through Park Planet.

BACKGROUND:

For the past several years now the City of Ripon has been allocating our yearly allotment of CDBG funds towards a façade improvement project for the Ripon Senior Center. The project includes the construction of an approximately 1,300 square foot outdoor dining area with shade structure on the southeast corner of the existing Ripon Senior Center parcel. The proposed shade structure will feature light fixtures and ceiling fans as well as a surrounding stucco privacy wall.

Existing landscaping in the project area will be removed. A new door opening, converted from existing windows from within the facility, will provide access to the newly constructed outdoor dining area.

Additional project amenities will include re-landscaping of the entire front and side of the Ripon Senior Center, rehabilitation and updating of the front building façade, including modification of the existing parapet roof, removal of existing stone veneer on the front office portion and replacing with wood plank siding, revamping the front concrete walkway and access to the new outdoor patio area, updating the signage for the center, updating of the facility’s heating and air conditioning, etc.

DISCUSSION/ANALYSIS:

Staff anticipates going out to bid for this project sometime late this calendar year (2022) or early next year (2023). The shade structure has a lengthy lead-time of 7 to 9 months; therefore, staff is recommending ordering this item ahead of the bid. The timing as to when the project will go out to bid, which will include the installation of the shade structure, will be determined based on the delivery of the shade structure.

1.4.B
Packet Pg. 82
Staff is recommending the City Council approve the purchase of the shade structure at this time.

FISCAL IMPACT:

The cost to purchase the one (1) Landmark Shade Shelter is $34,677.90. The entire amount will be covered by CDBG grant funds allocated for this project.

Attachments:

1. Park Planet Quote

1.4.B
Packet Pg. 83
1 Sub Total 63,235.00
CA-San Joaquin (7.75%) 1,887.90
Total $65,122.90
QUOTE GOOD FOR 30 DAYS - DUE TO THE CURRENT INDUSTRY WIDE VOLATILITY OF STEEL, AFTER 30 DAYS STEEL PRICES MAY ADJUST.

CURRENTLY EXPERIENCING SIGNIFICANTLY EXTENDED LEAD TIMES DUE TO NATIONWIDE TRANSPORTATION DELAYS - LEAD TIMES MAY EXCEED 20 WEEKS, PLEASE DISCUSS WITH A PARK PLANET REPRESENTATIVE.

Quote #: Q22-3654
Date: September 30, 2022
Project: City of Ripon - LM Shade
City: Ripon
Sales Rep - Email: Misha Holliman -
[email protected]
Terms: 50% Ppd - Rem 30dys /
Shipment
Park Planet
a Division of Park Associates Inc
415 Elm Street
Red Bluff California 96080
(530) 244-6116
Quoted To:

City Of Ripon
259 N Wilma Ave
Ripon, CA 95366
Contact: Michael Poole
Phone: (209) 599-2018 / Email: [email protected]
# Description Vendor Item No Qty Rate Amount

LANDMARK SHADE SHELTER
1 20' x 24' x 10' 'RHP20X24MP4'
24 Ga. Pre-Cut Multi-Rib Metal Roof Panel (Ribs @ 12'
Centers)
4:12 Roof Slope
10' Eave Height
Posts - 6" Bury
Powdercoat Frame
Standard Roof & Frame colors
(Upcharge for Custom Colors)
Anchor Bolts & Templates
Rebar Cages NOT included
Landmark
Custom Steel
Concepts
CustomLandmark
CSC
1 24,360.00 24,360.00
2 Engineering
Includes Footing Design
Landmark
Custom Steel
Concepts
ENGLandmark1 1,680.00 1,680.00

FREIGHT
3 Landmark Shelters Freight Landmark
Shelters
LMF 1 6,750.00 6,750.00

INSTALLATION
4 Installation by Park Associates Inc.

CA - Lic# 959805
DIR# PW-LR-1000423561
Prevailing Wage
Installation assumes normal digging conditions with standard bobcat & auger.

Bobcat & concrete truck access required.

Offload and Installation of the 20'x24'x10' Shade Structure Provide of Concrete Materials
Rebar Cages
Removal and Offhaul of Spoils
Temporary Security Fencing
Park
Associates
Inc.

INST-CA 1 30,445.00 30,445.00
NOTES
5 Equipment only. Installation to be supplied by others. Park Planet Equip-Only 1 0.00 0.00 6 Offloading & storage of equipment is the customer's
responsibility. For most products a forklift rated for 5000lbs or more is recommended.

Park Planet Offloading 1 0.00 0.00
QUOTE
TOTAL FOR METAL SHADE STRUCTURE ONLY: $34,677.90

1.4.B.a
Packet Pg. 84
Attachment: Park Planet Quote (3610 : Ripon Senior Center Rehab Project - Shade Structure) 2 ORDER / DELIVERY INFORMATION:

A PURCHASE ORDER OR SIGNED CHANGE ORDER MUST BE RECEIVED BEFORE ADDITIONAL EQUIPMENT, INSTALLATION, OR SERVICES CAN PROCEED. IF PAYING BY CREDIT CARD, A SURCHARGE WILL BE ASSESSED ON PAYMENT AMOUNT FOR 3.5% VISA/MC OR 5% AMEX.

Authorized Signature: ___________________________________________________________ Date:_____________________ **Purchasing agent who is authorized to enter into binding agreement for quoted entity. **By signing this quote, I have read and agree to the quote Terms & Conditions listed below, on the following 2 pages.

1.4.B.a
Packet Pg. 85
Attachment: Park Planet Quote (3610 : Ripon Senior Center Rehab Project - Shade Structure) 3 TERMS & CONDITIONS

1. General Notes
*Assembly and Installation NOT included unless otherwise noted *Payment and Performance bonds are NOT included unless otherwise stated. If required, additional charges will apply. Please call for details! *Customer responsible for quoted quantities and model numbers, please check! *Price reflects quoted quantity. Please request revision if alternate quantity is desired.

2. Payment / Ordering
*Most repeat customers are given the terms of 50% Deposit with order; Remainder within 30 Days from Delivery. *Others require a onepage credit application or payment with order *TO ORDER, please sign quote and return via email or fax to avoid any shipping delays. Fax or email copy deemed to be legal equivalent of original. If Payment with Order is required, please sign quote below and return with payment. All past due accounts subject to 1 ½% monthly finance charge. In the event legal action is required to effect collection venue shall be Red Bluff, CA.

3. Shipping / Unloading
*Shipped by Common Carrier – Customer will need 2 to 4 people to unload. Liftgate NOT included. Items will be boxed and / or stretch wrapped to pallets and customer is responsible for offloading. Delivery Drivers do NOT unload **IMPORTANT: Customer is responsible for receiving and checking quantities and condition at time of delivery Please note any shortages or damages on delivery copy.
*Notwithstanding anything to the contrary in any Contract Documents, Customer understands that estimated shipment times for materials are an estimate only.

We have no control over shipment dates. We thus make no guarantee to Owner or Customer regarding the projected shipment dates for materials and shall not be liable for any loss caused by the timing of shipments.

4. Engineered Wood Fiber
*Customer to provide access for Engineered Wood Fiber delivery with tractor truck and 53’ trailer. *Compaction of the Engineered Wood Fiber is NOT included in the installation cost, if desired, please request an updated proposal.

5. General Notes for Purchased Installation
*Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders, prep work, flat work, grading, rerouting of water, electric, drainage or sprinkler lines unless otherwise noted in the proposal *Demo of existing equipment or safety surfacing is NOT included unless otherwise stated in the proposal *ROCK CLAUSE: Pricing is based on normal soil conditions which would allow an auger on a tractor to dig footings. If rocks/boulders interfere with the progress of the excavation, additional fees may apply.
*ACCESS CLAUSE: Installation based on clear access to area. Crane service is NOT included. Customer to provide access for bobcat to work area, bobcat will be provided by installer. Minimum access shall be 7’ wide and 7’ high. If adequate access is not provided additional charges may apply and repairs to landscape and irrigation may be required. Customer is responsible for any repairs to landscape if proper access is not provided. *UTILITY CLAUSE: Unless stated in writing in the quote proposal, installation does not include marking of utilities by Dig Alert or other similar entities.

Customer can, however, call Dig Alert directly. Dig Alert CANNOT locate any private lines, PVC or plastic water lines. Installation does NOT include repair or relocating any underground utilities, such as drainage, irrigation, live water lines, main low voltage lines, gas, electrical, communication, or sewer etc.

Customers responsibility to provide locations of any utilities prior to commencement of work. *Customer is responsible for all landscape repairs such as, but not limited to damaged trees, bushes, lawn, curbing, sidewalks and/or asphalt paving caused by materials truck and/or 2ton bobcat needed to complete project. *Installation does NOT include ground preparation, excavation, safety surfacing, and/or safety surfacing borders unless otherwise noted *Before we proceed with the playground installation, the playground area MUST be compacted, be free of debris, and excavated accordingly. Please call for details.
*Concrete pad for surface mount items NOT included and MUST be provided by customer unless otherwise stated. *Surface mount anchoring to asphalt and paver areas is NOT included unless otherwise stated. *Private Utility Locator is NOT included unless otherwise noted. Private Utility Locator CANNOT locate any PVC or plastic water lines *Installation does NOT include saw cutting and/or core drilling unless otherwise noted *Installation does NOT include jackhammering. Please call for details. *Area MUST have normal soil conditions and be level.
*All Athletic Equipment Goals such as soccer, football, etc, install location MUST be marked out by customer prior to installation, if installation was purchased.

6. Temporary Fencing
*Security guards and/or temporary fencing to prevent injuries, vandalism and/or accidental damage to install area or to the rubberized surface while it sets is NOT included unless noted on quote. If desired, the installers can put up caution tape, but Temporary Fencing is recommended. Although the fencing, if provided, is intended to provide this security, the overall security of the property is ultimately the responsibility of customer. We are not responsible for any vandalism or injuries even with the provision of the fencing.

7. ADA Access
*Play Equipment MUST be installed over an impactabsorbing surface such as ADA compliant Engineered Wood Fiber or Rubber Surfacing. If not quoted, please call for details.
*This area is NOT ADA compliant without the installation of compliant surfacing and an accessible route up to and into the playground area. Please call for details.

8. PouredinPlace Rubber Surfacing
*Rubber Surfacing cure time is normally 4872 hours and can vary depending on weather conditions. *Rubber Surfacing cannot be installed during extreme weather conditions and may also not be installed if rain or frost is forecast during the cure time. *48Hour Manned Security is NOT included for rubber.

9. Shade Shelters (non DSA)
*Shade Shelter installation price EXCLUDES – unless otherwise stated in this quote engineering, drawings, calculations, permits, permit submittal, site plans, special inspections, soil reports, impact fees, special assessment fees. Customer is responsible for any and all of these items if required by the City/County. *Shade Shelter manufacture time is 8 weeks. Permitting can add 24 weeks or more to lead time. PLEASE NOTE: Shade Orders are NOT released into production until permit is issued!
*Shade Shelter installation price EXCLUDES concrete pad, footings, masonry columns, electrical wiring and lights unless otherwise noted.

1.4.B.a
Packet Pg. 86
Attachment: Park Planet Quote (3610 : Ripon Senior Center Rehab Project - Shade Structure) 4 TERMS & CONDITIONS (Continued)

10. Shade Shelters (DSA)
**8-10 Week lead time is AFTER DSA approval by your architect of choice * Customer to receive shade shelter. If receiving by us is needed, please call for pricing and details! * Job to be completed in one mobilization. Additional moves will be additional pricing if we are required to remobilize due to schedule issues, stop work or a delay in work not caused by us.
*Pricing does NOT include, architectural drawings, site/plot plans, DSA submittal fees, job site inspector fees, shop welding inspection fees, and/or permits *DSA inplant Welding Inspector to be hired by the School District. Welding Inspector fee has NOT been quoted. *School District / Architect responsible for submission of plans to DSA for DSA approval *Fabrication cannot start until inspections have been coordinated, colors have been selected, and approved plans received. *Pricing does NOT include footings, steel cages, anchor bolts, or erecting of shade shelter unless otherwise noted.

11. Prevailing Wages
*Prevailing Wages NOT included unless otherwise noted. (ie: Davis Bacon, TERO, ect.) If this is a Prevailing Wage project, please request alternate pricing. *If Prevailing Wages / Davis Bacon Wages were INCLUDED, all other special work fees NOT included Additional Labor Charges may apply if alternate labor is required.
*If DIR Project Registration is required, work may not begin until we receive DIR Project ID number. *Park Planet does not meet the Skilled & Trained Workforce Requirements and will not participate in same. Park Planet will not sign any PLA's for Union Work and is not signatory to any unions.

12. Indemnity Provision
*Notwithstanding anything to the contrary in any Contract Documents we shall have no duty to defend or indemnify Owner, Customer, or any other party we agree to defend or indemnify in any Contract Documents for that portion of any claim arising out of the comparative fault of any party we agree to defend or indemnify in any Contract Documents.

13. Park Planet General Insurance
Call for Proof of Insurance & W-9

1.4.B.a
Packet Pg. 87
Attachment: Park Planet Quote (3610 : Ripon Senior Center Rehab Project - Shade Structure) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 10/11/2022
Subject: SJMSCP Fee Update - 2023
RECOMMENDED ACTION:

City Council to consider approving the following motion:
“The City Council adopts the resolution amending the 2023 SJMSCP Development Fees.”
DISCUSSION/ANALYSIS:

Attached to this staff report is SJCOG’s staff report regarding approval of an amendment to the 2023 SJMSCP Fee. The fees proposed for 2023 are indicated in the attached SJCOG staff report and have decreased from the 2022 fees by 1.6%. The fees are based on a financial analysis model adopted by the SJCOG Board, which takes into account the true costs of implementation and fulfillment of the SJMSCP.

Existing 2022 and Proposed 2023 Habitat Fee Comparison
Habitat Type 2022 Fee Per Acre Proposed 2023 Fee Per Acre Multi-Purpose Open Space $9,781 $9,629
AG/Natural $19,561 $19,255
Vernal Pool - grasslands $80,453 $75,320
Vernal Pool - wetted $174,040 $176,878
With the exception of the property located along the Stanislaus River, which is essentially undevelopable land, all property located within the Ripon General Plan area is classified as Multi-Purpose Open Space habitat type.

2.A
Packet Pg. 88
ENVIRONMENTAL ANALYSIS:

In accordance with the California Environmental Quality Act and the Guidelines, this project is Categorically Exempt, pursuant to CEQA Guidelines Section 15061 (b)(3).

Attachments:

1. SJCOG Staff Report

2. Exhibit A

3. Notice of Public Hearing

2.A
Packet Pg. 89
RESOLUTION NO. 22-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING THE SAN JOAQUIN COUNTY MULTISPECIES HABITAT CONSERVATION AND OPEN SPACE

PLAN (SJMSCP) DEVELOPMENT FEE
WHEREAS, the City Council of the City of Ripon adopted an Ordinance establishing the authority for collection of a Development Fee for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new developments pursuant to the SJMSCP within the City of Ripon; and
WHEREAS, a “Fee Study” dated July 16, 2001 was prepared which analyzed and identified the costs, funding, and cost-benefit of the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan; and
WHEREAS, the purpose of the SJMSCP Development Fee is to finance the goals and objectives of the SJMSCP that include, but are not limited to preserve land acquisition, preserve enhancement, land management, and administration that compensate for such lands lost as a result of future development in the City of Ripon and in San Joaquin County; and WHEREAS, after considering the Fee Study and the testimony received at the public hearing, the Ripon City Council approved said report; and further found that the future development in the City of Ripon will need to compensate cumulative impacts to threatened, endangered, rare and unlisted SJMSCP Covered Species and other wildlife and compensation for some non-wildlife related impacts to recreation, agriculture, scenic values and other beneficial Open Space uses; and
WHEREAS, an “Updated Fee Study” dated 2006, 2011, 2016 and 2021 was prepared which analyzed and identified the costs and funding of the SJMSCP; and WHEREAS, the SJMSCP Development Fees are divided into three categories:

Category A - Acquisition; Category B - Enhancement; and Category C - Land Management / Administration; and
WHEREAS, the SJMSCP Development Fees for the three categories will be decreased as shown on the attached Exhibit “A”; and
WHEREAS, to ensure that the SJMSCP development fees keep pace with inflation, annual adjustments are made to the fees based on the method previously adopted by the Ripon City Council.

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RIPON, AS FOLLOWS:

2.A
Packet Pg. 90

1. The City Council finds and declares that the purposes and uses of the Development Fee, and the determination of the reasonable relationship between the fees’ uses and the type of development project on which the fees are imposed, are all established in Ordinance 648, and remain valid, and the City Council therefore adopts such determinations.

2. The 2023 Development Fee for the three categories of land – natural land and agricultural lands, vernal pool habitat, and multi-purpose open space conversion- shall be as set forth on Exhibit “A.”

3. The Fee provided in this resolution shall be effective on January 1, 2023, which is at least sixty (60) days after the adoption of this resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of October, 2022, by the following vote:

RESULT: ADOPTED [UNANIMOUS]
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

2.A
Packet Pg. 91
8/2022
SJCOG, Inc.

STAFF REPORT
SUBJECT: 2023 SJMSCP Development Fee Annual
Adjustment

RECOMMENDED ACTION: Motion to Approve the 2023 SJMSCP
Development Fees as Adjusted Pursuant to the
Financial Analysis Model
SUMMARY:

Using the adopted five-year financial analysis model to the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) the SJCOG Inc. staff, HTAC Financial Subcommittee members (Table 1) and consultants undertook the annual analysis in summer 2022. The goal of the annual analysis is to establish the next year’s habitat plan fees paid by the development project. The fees are for impacts under the countywide SJMSCP permits as defined in the three fee model categories (Category A – Acquisition; Category B - Assessment and Enhancement; and Category C - Land Management and Administration).

Table 1 – HTAC Financial Subcommittee Members:

John Beckman, BIA Matt Diaz, Stockton Zachery Kearns, CDFW Dan Gifford, Conservation Alisa Goulart, SJ County
The proposed 2023 SJMSCP development fees were adjusted using the recommended 2020 SJMSCP Five-Year Financial Model Update for the respective categories and are compared to the 2022 SJMSCP Development fees (Table 2) in the most common habitat categories under the plan. The change is an overall decrease of 1.6% in the most impacted categories of Agricultural and Natural habitat classifications from the prior year. The decrease is due primarily to a dip in the land acquisition component (Category A) for agricultural land price values of comparable sales even though there was an unusually robust rise in the reported Consumer Price Index (CPI) for Categories B and C.

Table 2- Compared 2023 & 2022 SJMSCP Development Fees – Most Common Fee Habitat Types

2023 Fee -
Proposed
2022 Fee -
Adopted Difference
Percent
Change
Agricultural/Natural $19,255 $19,561 $306 1.6%
2023 SJMSCP
Fees
Cat C
Cat A Cat B

1.6%

2.A.a
Packet Pg. 92
Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) Table 3 illustrates the history of the SJMSCP development fees over the years since the funding shortfall was noted by the permitting agencies in 2006. The fees can fluctuate primarily based on the Category A – acquisition component of the fee formula over time.

Table 3- History and Annual Percentage Change for SJMSCP Development Fees Projects participating under the SJMSCP benefit from a predetermined, streamlined processing of the project rather than navigating through a potentially very long, cumbersome, and expensive regulatory process outside the habitat plan. By voluntarily opting for participation, the project proponent can choose any number of ways to provide mitigation for the impacts of the project through the plan and even control much of the mitigation costs if desired. The options are:

1. Pay the applicable fee.

2. Redesign the project to avoid/minimize impacts.

3. Provide land in lieu of the SJMSCP fee, which the project proponent will negotiate directly with the seller on the easement/fee title costs (Category A component).

4. Any combination of the above options.

And if those options are not sufficient, the project proponent can choose to not participate in the plan (opt out) and fulfill mitigation requirements on their own with state and federal permitting agencies independently.

RECOMMENDATION:

The HTAC Financial Subcommittee and the HTAC make the recommendation to SJCOG, Inc.

Board to Approve the 2023 SJMSCP Development Fees as Adjusted Pursuant to the Financial Analysis Model.

FISCAL IMPACT:

Development fees provide funding for SJCOG Inc. to mitigate project impacts covered under the SJMSCP permits for the subsequent calendar year beginning January 1.

BACKGROUND:
2007 Financial Update#
Agriculture/Natural
$69,858 $71,125 $78,353 $77,720 $81,989 $78,311 $80,972 $85,631 $90,273 $109,737 $116,871 $101,033 $100,788 $161,286 $174,040 (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) $34,958 $35,143 $40,565 $38,328 $41,534 $37,087 $39,047 $42,784 $46,869 $66,437 $72,523 $54,576 $52,833 $71,544 $80,453 (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) -5.3% 14.4% 3.6% -9.3% 8.4% -11.6% 4.6% 9.4% 7.2% 14.2% 8.9% -30.9% -4.3% 35.4% 12.7% Fee Category 2008 2009 2010 2011
$7,195 $6,364 $6,656 $7,281 2012 2013 2014 2015$6,511 $6,165 $7,052 $7,307 $6,631 $19,400
$7,807 $8,905 $9,701 2016 2017 2018 2019
$14,104 $14,615 $13,262 $14,372 $17,808
Percentage of
Change Yearly
2020
$6,412
$12,822
Multi-Purpose
Open Space Vernal Pools $80,760
(wetted)
$42,071
(upland)
$12,711 $13,295 $14,543 $15,596 $13,399
$6,700
$13,022 $12,329 2022
$9,781
$19,561 2021
$8,682
$17,363

2.A.a
Packet Pg. 93
Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) Annually, the SJMSCP development fees are reviewed and calculated using a formula method adopted under the habitat. The three components of the formula are adjusted using a specific mechanism, which relates to the individual component in the fee based on the most current data.

The development fees established must be adopted by each of the jurisdictions and would become effective on January 1 of the subsequent year for projects using the SJMSCP.

Category A (Acquisition) – Comparable Land Sales
This category is directly related to land valuation based on comparable land sales in San Joaquin County in specific zones of the plan area (Central Zone, Central Southwest Transition Zone and Delta Zone) over an established two-year period meeting the established criteria used for comparable land sales (Attachment 1). Cost estimates for this category will continue to be evaluated on a yearly basis by taking all qualified fee title comparable sales in each zone to set a weighted cost per acre. Also, during the third year of the five-year cycle, the HTAC Financial Subcommittee reviewed the percentage of easement value to fee title value percentage used in the fee model for this category which was part of the 2020 model update. The percentage rose slightly from 56% to 58% which was incorporated into going forward until next 5-Year Review process.

The fee model update results in a 6.5% decrease in the Agricultural/Natural Habitat types of Category A (Acquisition) component to be $12,716. The reason for the decrease is the small dip in overall comparable fee title land sale values from prior year jumps.

Category B (Assessment and Enhancement) – Refined Cost Factors with Consumer Price Index and Model Data Update
The Category B component of the fee is adjusted using several factors including the California Consumer Price Index (CPI), as reported by the California Department of Finance for the Cat A Cat B Cat C Fee

2.A.a
Packet Pg. 94
Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) preceding 12-month fiscal year (June 2021 – June 2022) and from the updated model numbers based on the SJMSCP Annual Report.

The unit cost factors (per acre or per year for some items) are adjusted only by the CPI (the California CPI calculation was an increase of 8.3%). But the total cost for Category B is also a function of the SJMSCP Annual Report data updated annually (acres remaining to be acquired and the number of years remaining in the permit term; the fee per acre is a function of those total calculated costs and the land conversion acres remaining). These factors all feed into the fee model.

The fee model update results in a 9.8% increase in the Agricultural/Natural Habitat types of Category B (Assessment and Enhancement) component to be $5,769.

Category C (Management, Monitoring and Administration) – Refined Cost Factors/Long Term Investment with Consumer Price Index
Annual cost updates use the California Consumer Price Index (CPI), as reported by the California Department of Finance, for the preceding 12-month fiscal year (June 2021 – June 2022) to keep up with inflation on an annual basis.

The fee model update results in an 8.3% increase in the Agricultural/Natural Habitat types of Category C (Management, Monitoring and Administration) component from prior years to be $769.97.

In summary, the SJMSCP fees is calculated using the SJMSCP Financial Analysis formula model shown in the final proposed fee table 4 below and Attachment 2 (SJMSCP Cost and Fee Analysis 2023 Update). The overall result in the fee analysis is a 1.6% decrease in the most impacted Agricultural and Natural Habitat Classifications fees for 2023.

Table 4 - 2023 SJMSCP Development Fees - Proposed
Habitat Type Category A Category B Category C Total Fee Rounded Fee Other Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 Natural/Ag Lands $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320 Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 COMMITTEE ACTIONS:
 HTAC FINANICAL SUBCOMMITTEE: Recommended Approval to HTAC  HTAC: Recommended Approval
 Management and Finance: Information
 Executive Committee: Information
 SJCOG Inc. Board: August 25, 2022
Prepared by: Steven Mayo, Program Manager

2.A.a
Packet Pg. 95
Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) Attachment 1 – 2023 Fee Study Property List - Props 24 Month

2.A.a
Packet Pg. 96
Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) Attachment 2 – SJMSCP Cost and Fee Analysis 2023 Update

2.A.a
Packet Pg. 97
Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table of Contents List of worksheet tabs and contents
Notes to User Model overview and instructions for annual updates Fee Summary Comparison Table showing calculated fee amounts by habitat type and category; comparison to adopted fees; linked from other sheets; includes California CPI factor for Category C annual update
A1 PerAcreCostFactorsbyZone Per acre easement cost factors by zone based on input from comparables and appraisal analysis A2 PerAcreAcquisitionCost Weighted acquisition cost factors by habitat type based on distribution of preserves by zone; adds transaction costs A3 AcquisitionCostHabitatType Total acquisition cost by habitat type, for preserves remaining to be acquired A4 AcquisitionFEE Category A fee by habitat type, based on remaining land conversion B1 PreserveEnhancementCost Weighted enhancement cost factors by habitat type based on estimate of acres enhanced and detailed per acre enhancement cost factors B2 AssessmentEnhancementCost All assessment and enhancement cost factors by habitat type, for preserves remaining to be acquired B3 AssessEnhancementCostAllocation Total assessment and enhancement cost by habitat type, remainder of permit term, for preserves remaining to be acquired B4 AssessmentEnhancementFEE Category B fee by habitat type, based on remaining land conversion C MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion; links to summary comparison for annual update For 5-Year Update Only => Workbook break: the following tabs for Category C are only used in the 5-year economic analysis update C1 MonitoringCost Monitoring cost factors by habitat type, including post-permit annual cost; costs for remainder of permit term, all preserve acres C2 PMAdminCost Project management and administrative cost factors, including post-permit annual cost; costs for remainder of permit term, all preserve acr C3 Permit Term Cost Adjustments Category C fund balance deducted from Category C costs remainder of permit term to calculate net cost for cost allocation and fee C4 Endowment Endowment cash flow, return assumptions, and total in year 51 to support post-permit annual cost C5 MonitoringAdminCostAlloc Total monitoring, management, and administrative cost by habitat type, remainder of permit term and endowment for post permit cost C6 MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion Source for update acres => Workbook break: the following tabs are updated annually and every 5 years for acres inputs 1 SJMSCP Acres 6_4_2015 Land conversion and preserve acres by habitat type for the 50-year permit term (source table)

2.1 RemainingPreservetoAcquire Preserve Acres, Total and Remaining to be Acquired (from Table 1 and Annual Report updates)

2.2 Preserves_Habitat_Zone_2019 Detail on preserve acquisition by habitat type and zone for use in monitoring cost estimates (not used in annual updates) 3 Cumulative Take_Remaining Allowed and Remaining Incidental Take Acreage (from Table 1 and Annual Report updates) 4 PreserveAcquisitionSchedule Preserve Acquisition Schedule, All Habitat Types, by Index Zone, Remaining Permit Term (from Table 2.1 and 2.2) Fund Balance Analysis => Workbook break: the following tabs are updated every 5 years for Category C cost analysis 5 FundBalanceAllocation Allocation of Fund Balance to Category B and Category C (permit term) and post-permit endowment B1 ExistingPreserveEnhanceCost Estimate of enhancement costs on existing preserves with updated cost factors, to allocate fund balance to Category B DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - TABLE OF CONTENTS - 8/11/2022

2.A.a
Packet Pg. 98
Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 This workbook of linked worksheets calculates SJMSCP Impact Fees for Categories A, B, and C.

The workbook contains all of the elements needed for annual updates as well as the framework for the more complex 5- year economic analysis updates.

Action items for annual updates indicated in red italics.

Category A and Category B are fees for one-time costs for land acquisition, enhancement, restoration and associated site assessments and planning.

These fees will be updated annually by updating the per-acre cost factors and updating the acres remaining to be acquired and the remaining acres of land conversion based on data from SJMSCP Annual Reports. - Category A per-acre cost factors updated by annual comparables analysis, as established in past practice, and evaluation of easement cost percent of fee title based on SJMSCP appraisals - Category B per-acre and annual cost factors updated by applying California CPI to unit cost factors - The total costs in Category A and Category B for each annual update will reflect the acres remaining to be acquired and the fees for each annual update will reflect the remaining acres of land conversion from SJMSCP Annual Reports.

Category C is a fee for on-going annual costs for the remainder of the permit term and post-permit in perpetuity. practice.
- Incorporating Annual Report data in the annual updates of on-going permit term and post-permit costs adds unnecessary complexity to the annual update of this component of the SJMSCP fees. the endowment cash flow analysis required to estimate post-permit costs, are more complex work efforts not justified to generally keep Category C fees in line with annual cost inflation. Moreover, because management and administration costs are not sensitive to habitat type, it is not as important to account for the annual variation in preserve acquisition and land conversion captured in the annual updates to Categories A and B.

Components of the workbook:

1. The Fee Summary Comparison worksheet compares calculated updated fees to fees currently in effect and includes the California CPI for Category C updates.

2. Category A tabs A1 - A4 calculate the fees for Category A Acquisition.

3. Category B tabs B1 - B4 calculate the fees for Category B Assessment and Enhancement.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 99
Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

4. Category C Fee tab shows the fees by habitat type calculated in the 2020 Economic Analysis Update, the basis for the

UPDATE ONLY
the SJMSCP Annual Report; Table 4 showing the preserve monitoring schedule by habitat type and zone is used only in the 5-year update.

7. Tables 5 and B1 ExistingPreserveEnhanceCost provide the fund balance analysis completed every five years as part of the Category C update.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 100 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Fee Summary Comparison
Calculates new annual fees and compares to prior year adopted fees.

1. Paste values of prior year adopted fees in cells C11:E14.

2. Insert updated annual California CPI factor in cell F1.

3. Updated fees for Category A show in cells C5:C8 and updated fees for Category B show in cells D5:D8. The fees are link

4. Formulas in cells E5:E8 calculate Category C fee update amounts based on prior year adopted fee amounts in cells E11:E14 and the California CPI.

Category A Acquisition
A.1 Category A Per-Acre Acquisition Cost Factors by Zone Delta.

2. Update SJCOG, Inc. appraisal list each year and calculate weighted average percent by dividing cumulative total easement value (cost) by cumulative total before value (fee title value).

3. Value of Southwest Zone easement cost remains unchanged until experience indicates it should be updated.

A.2 Per-Acre Acquisition Cost Factors by Preserve/Habitat Type No annual input needed. Links and formulas calculate total cost factors per acre for each habitat type.

1. Easement cost factor input linked from A.1.

2. Distribution by preserve type is not changed from 1996 Economic Analysis.

3. Transaction cost and VP acquisition assumptions not changed.

A.3 Total Acquisition Costs by Habitat Type, Remainder of Permit Term No annual input needed. Links and formulas calculate total cost for each habitat type.

1. Land acquisition cost factors linked from A.2.

2. Preserve acres remaining to be acquired linked from Table 2.1 (updated annually based on SJMSCP Annual Report).

A.4 Fee Calculations
No annual input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from A.3.

2. Land conversion remaining linked from Table 3 (updated annually based on SJMSCP Annual Report).

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 101 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category B Assessment and Enhancement
B.1 SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost factors per preserve acre refined, and update of costs for enhancements and restoration. 2020 Analysis included further cost updates based on actual SJCOG, Inc. experience and other relevant cost updates. Table calculates weighted average cost per preserve acre for agricultural lands, non-vernal pool natural lands, and vernal pool preserves. Update enhancement cost analysis every five years.
formula. Formula references updated annual California CPI factor in cell E1. Formulas calculate updated weighted average cost per preserve acre.

3. Insert updated annual California CPI factor in cell E1.

B.2 Category B Assessment, Planning, Restoration and Enhancement Cost Factors

1. Update remaining years in permit term.
enhancement plans in the formula. Formula references updated annual California CPI factor in cell C1. Formulas calculate updated annual costs.

3. Insert updated annual California CPI factor in cell C1.

4. Enhancement and restoration cost factors linked from B.1.

B.3 Category B Assessment, Planning, Restoration, and Enhancement Cost Allocation by Habitat Type No annual input needed. Links and formulas calculate total cost for each habitat type. factors in B.2.

2. Preserve acres remaining to be acquired linked from Table 2.1 (updated annually based on SJMSCP Annual Report).

B.4 Fee Calculations
No annual input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from B.3.

2. Land conversion remaining linked from Table 3 (updated annually based on SJMSCP Annual Report).

Category C Monitoring, Management, and Administration
C.5 Fee Calculations - Annual Update Only
No input needed. Cost and land conversion values frozen based on 2020 Economic Analysis.

1. For 2020 update, Category C fee amounts by habitat type linked to Fee Summary Comparison table.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 102 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

2. Update annually by applying California CPI factor to prior year Category C fee amounts, as in past practice.

Note: this is done in the Fee Summary Comparison worksheet.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 103 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category C Monitoring, Management, and Administration - INSTRUCTIONS FOR FIVE-YEAR UPDATE C.1 Category C (part) Compliance and Effectivement Monitoring Cost Assumptions

1. Remaining years in permit term linked from Table 4 Preserve Monitoring Schedule.

2. Update monitoring cost factors (annual costs and annual costs per acre).

3. Total costs by type of monitoring for the remainder of the permit term calculated by worksheet formula. With links to Table 4 Preserve Monitoring Schedule.

4. Post permit cost updates by worksheet formula based on updates to detail in rows above. Acres input linked from Table 4 Preserve Monitoring Schedule.

C.2 Category C (part) Project Management and Administrative Cost Assumptions

1. Remaining years in permit term linked from Table 4 Preserve Monitoring Schedule.

2. Update annual management and administrative staff cost and cost allocation, Habitat Plan Environmental Consulting, and Land Manager Coordination costs from analysis of Cumulative Schedule of Receipts and Disbursements in SJMSCP Annual Report, supplemented as needed by cost code detail provided by SJCOG, Inc. staff.

3. Update Financial Plan fFive-Year Review and Update cost based on contracts.

4. Post permit cost updates by worksheet formula based on updates to detail in rows above.

C.3 Adjustments for Remaining Fund Balance
No input needed. Links and formulas calculate net Category C cost for remainder of permit term.

1. Costs for the remainder of the permit term by cost category linked from Table C.1 and C.2.

2. Category C fund balance as of prior year end for costs on existing preserves linked from Table 5.

C.4 SJMSCP Endowment Fund Cash Flow
This table uses estimates of annual post permit costs, existing fund balance allocated to post-permit costs (based on cumulative take to date as a share of total take), and interest earnings assumptions to estimate the endowment needed at the end of the permit term to fund annual costs in perpetuity.

This analysis is to be updated at each 5-year economic analysis review. The worksheet solves for fund balance amount in year 51 that generates the annual income to fully fund annual post permit costs. The worksheet calculates the annual fee revenue required over the remainder of the permit term to achieve that fund balance when added to the existing fund balance for management and administrative costs post permit and interest earnings over the remainder of the permit term. That amount is the total cost to be allocated by habitat type remaining to be acquired and links to DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 104 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 C.5 Category C Monitoring and Project Management/Adminstration, including endowment for post-permit costs, Cost Allo No input needed. Links and formulas calculate cost for each habitat type. costs by habitat type.

2. Preserve acres remaining to be acquired linked from Table 2 (updated based on SJMSCP Annual Report).

C.6 Fee Calculations
No input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from C.5.

2. Land conversion remaining linked from Table 3 (updated based on SJMSCP Annual Report).

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 105 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Tables 1 - 5 (Source Tables)
Table 1 Land Conversion and Preserve Acres by Habitat Type for the 50-year permit term This table was finalized on June 4, 2015 as part of the Economic Analysis update. This table provides the source data by detailed habitat type for the 50-year permit term totals.

Table 2.1 Preserve Acres, Total and Remaining to be Acquired

1. Total Preserve Acres by habitat type linked from Table 1.

2. Annually, update Total Preserve Acres Acquired through 12/31 from the SJMSCP Annual Report. Note that as of the 2020 update and going forward, grassland acquired to mitigate agricultural land impacts has a new line item in Table

2.1. This amount is deducted from total grassland acquired in cell E11. worksheets.

Table 2.2 Preserves_Habitat_Zone_2019 (new in 2020 update) - ONLY USED ON 5-YEAR UPDATE Monitoring Schedule.
preserve to a habitat type and zone. Note that the habitat type represents the type of habitat acquired regardless of the type of impacts mitigated, i.e, grassland preserves acquired to mitigate agricultural impacts are categorized as grassland preserves in this table.

Table 3 Allowed and Remaining Incidental Take Acreage
1 and Table 4.2-2.

2. Annually, update the Cumulative Acres of Take through 12/31 from the SJMSCP Annual Report.

3. Remaining Acres of Land Conversion calculated by worksheet formula; links to cost and fee calculation worksheets.

UPDATE
This table is used in Table C.1 Monitoring Cost All Acres to calculate monitoring costs for the remainder of the permit term for all preserve acres, assuming future acquisition at an average annual pace calculated by dividing the number of acres remaining to be acquired by the number of years remaining in the permit term.

1. Preserve acres remaining to be acquired by zone linked from Table 2.1 (updated based on SJMSCP Annual Report) and Table 2.2 (updated every 5 years).

Column C.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 106 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

3. At five-year update, double check the formula count of years remaining in permit term in cell C42. This is used as the denominator of the cell formulas for the monitoring schedule above.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 107 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 5 Fund Balance Allocation - ONLY USED IN 5-YEAR UPDATE This table is used in Table C.3 Permit Term Cost Adjustments to calculate the net Category C costs for the remainder of the permit term. Category B and Category C fund balance is allocated to permit term and post-permit needs.

1. Every 5 years, update the beginning fund balance from the 12/31 year-end statement.

2. Calculate Category B Fund Balance for Category B Enhancements (remaining enhancement cost for existing preserves) based on Table B.1 ExistingPreserveEnhanceCost (five-year update cost factors applied to existing preserves by type) and subtracting expenditures through the prior year-end on preserve enhancement.

3. Fund Balance for Post-Permit Costs on Existing Preserves is linked from Table C.4 Endowment. This fund balance adjustment is only required for the 2020 five-year update and will not be necessary in subsequent years once the separate post-permit endowment account is established.

4. The table subtracts the Fund Balance for Category B Enhancements and the Fund Balance for Post-Permit Costs on Existing Preserves from the year-end statement balance to generate Remaining Fund Balance for Permit Term Category C Costs on Existing Preserves. This result links to Table C.3 Permit Term Cost Adjustments.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022

2.A.a
Packet Pg. 108 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category A Category B Category C
2023 Fees - Proposed Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 Natural/Ag Lands $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320 Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 Category A Category B Category C
2022 Fees - Adopted Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space $6,797.00 $2,628.00 $356.00 $9,781.00 $9,781 Natural/Ag Lands $13,594.00 $5,256.00 $710.96 $19,560.96 $19,561 Vernal Pool Grasslands $65,307.00 $13,390.00 $1,756.01 $80,453.01 $80,453 Vernal Pool Wetted $64,182.00 $108,136.00 $1,721.56 $174,039.56 $174,040 Difference Per Acre ($) Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space ($439) $257 $30 ($152) ($152)
Natural/Ag Lands ($878) $513 $59 ($306) ($306)
Vernal Pool Grasslands ($6,380) $1,101 $146 ($5,133) ($5,133) Vernal Pool Wetted ($6,270) $8,966 $143 $2,839 $2,839
Percent Difference Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space -6.5% 9.8% 8.3% -1.6% -1.6%
Natural/Ag Lands -6.5% 9.8% 8.3% -1.6% -1.6%
Vernal Pool Grasslands -9.8% 8.2% 8.3% -6.4% -6.4%
Vernal Pool Wetted -9.8% 8.3% 8.3% 1.6% 1.6%
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - Fee Summary Comparison - 8/11/2022

2.A.a
Packet Pg. 109 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category A Per-Acre Acquisition Cost Factors by Zone (2022 dollars) Central Zone Primary Zone of
the Delta
Southwest
Zone 3
Fee title value1
a $23,038 $18,086 na
Easement percent of fee title value2 b 58% 58% na
Easement costs a × b $13,362 $10,490 $1,000

1. SJCOG, Inc. Fee Study Property List, Table A and Table B

2. SJCOG, Inc. Appraisals as of June 2022

3. Based on standard easement cost in Southwest Zone of $1,000/acre.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A1 PerAcreCostFactorsbyZone - 8/11/2022

2.A.a
Packet Pg. 110 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Per Acre Acquisition Cost by Preserve/Habitat Type (2022 dollars) Preserve/Habitat Type
Central Zone Primary Zone of
the Delta
Southwest
Zone
A B C A + B + C = D D × 5% = E D + E
Easement cost by zone 1 d $13,362 $10,490 $1,000
Agricultural Lands
Percent in zone 2
e 98% 2% 0%
Weighted costs 3 d × e $13,121 $189 $0 $13,310 $666 $13,976 Natural Lands
Non-vernal pool natural lands
Percent in zone 2 f 77% 4% 18%
Weighted costs 3 d × f $10,323 $466 $183 $10,972 $549 $11,521 Vernal pool grasslands 4 n/a n/a n/a $18,430 $922 $19,352 Vernal pool wetted 4 n/a n/a n/a $18,430 $922 $19,352

1. See Table A.1.

2. Percent of total lands in each category assumed to be in a given zone. Based on 1996 Economic Analysis.

4. Assumes fee title acquisition for vernal pool lands. Vernal pool habitat fee title land costs assumed to be about 80% of average Central Zone fee title costs.

5. Transaction costs include biological baseline reporting, appraisal, escrow, and survey costs. Costs are estimated at 5 percent of acquisition cost.

SJMSCP Zone

3. Weighted average cost based on generalized proportion of total preserve land in each zone. Assumes easement acquisition for lands categorized as agriculture and all natural lands except vernal pool habitat.

Total
Weighted
Acquisition
Cost
Transaction
Costs 5
Total Land
Acquisition
Costs Per
Acre
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A2 PerAcreAcquisitionCost - 8/11/2022

2.A.a
Packet Pg. 111 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Total Acquisition Costs by Habitat Type, Remainder of Permit Term (2022 dollars) Preserves by Habitat Type
Land
Acquisition
Cost Per Acre
Preserve Acres
Remaining to be
Acquired
Total Costs of
Acquisition
Agricultural lands $13,976 38,488.30 $537,912,495
Natural lands
Non-vernal pool natural lands $11,521 24,321.84 $280,211,919 Total for Non-vernal pool Natural /Ag Land $13,025 62,810.14 $818,124,414 Vernal pool grasslands $19,352 15,720.66 $304,226,116
Vernal pool wetted $19,352 2,115.00 $40,929,480
Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A3 AcquisitionCostHabitatType - 8/11/2022

2.A.a
Packet Pg. 112 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category A Acquisition
Fee Calculations (2022 dollars)
Habitat Type Preserve Land Acquisition
Costs associated with non-vernal pool natural/agricultural lands conversio $818,124,414 Natural (non vernal pool)/Agricultural land conversion (acres) , remaining 47,278.09 Multi-purpose open space conversion (acres), remaining1 34,122.94 Multiplier for natural/agricultural land conversion 1
Multiplier for multi-ourpose open space conversion1 0.5 Acquisition Component of Natural (non vernal pool)/Agricultural Lands F $12,716 Acquisition Component of Multi-Purpose Open Space Fee1 $6,358 Costs associated with vernal pool grasslands $304,226,116 Vernal pool grassland conversion (acres), remaining 5,162.74 Acquisition Component of Vernal Pool Grasslands Fee $58,927 Costs associated with vernal pool wetted $40,929,480
Vernal pool wetted conversion (acres), remaining 706.75 Acquisition Component of Vernal Pool Wetted Fee $57,912

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and nonvernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements.

Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A4 AcquisitionFEE - 8/11/2022

2.A.a
Packet Pg. 113 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Habitat Type
Total Preserve
Acres (including
neighboring lands
preserves)
Percent of
Preserve
Acres
Enhanced1
Acres Benefiting
from
Enhancements
Hedgerow or
Other Linear
Habitat Feature (
acres)2
Enhancement
Cost per Acre3
Total
Enhancement Cost
Enhancement
Cost per Preserve
Acre
1 2 3 4 5 6 7
Agricultural Habitat Lands4 57,935 10% 5,794 776 $80,276 $62,294,403 $1,075 Natural Lands
Ditches 378 33% 126 $350,502 $44,163,267
Grasslands 14,559 33% 4,853 $22,160 $107,544,159
Oak woodlands 858 33% 286 $32,789 $9,377,628
Riparian 2,725 33% 908 $96,105 $87,295,757
Submerged aquatic in the Delt 10 100% 10 $66,708 $667,085 Subtotal 18,530 6,183 $40,277 $249,047,895
Other natural lands5 6,445 33% 2,148 $40,277 $86,529,040 Subtotal Non VP Natural 24,975 $335,576,935 $13,437
Vernal pool wetted 2,121 33% 707 $117,249 $82,894,922 $39,083 Vernal pool grasslands 15,811 33% 5,270 $14,133 $74,486,412 $4,711 Subtotal All Natural Lands 42,907 14,309 $492,958,268
Total 100,842 20,103 $555,252,671

1. Enhancement criteria derived from the SJMSCP, Section 5.4.6.

5. Estimated based on the weighted average cost for all other non-vernal pool natural lands.

Sources: Table A.1, SJCOG, Inc., ICF, and Hausrath Economics Group

3. The enhancement cost applies to the acres where construction and/or installation actually takes place. In the case of hedgerows or other linear features, this is only the relatively small area of activity, not the total area that is thereby enhanced. Enhancement cost includes costs for materials, construction labor, and equipment. In addition to the installation activity, the cost per enhanced acre also includes a cost for project oversight and contract adminstration and three years of maintenance and monitoring. For vernal pool wetted restoration, the cost includes 5 monitoring years during a 10 year post-restoration monitoring period.

4. For agricultural habitat lands, a SJMSCP describes a broad range of enhancement activities and a generalized target of 10 percent enhancement; providing benefits to species without substantially reducing the amount of agricultural land in production. This can be achieved by implementing the linear features described in footnote 2. Pollinator hedgerows or similar linear features enhance the entire field that they are associated with, thereby counting toward the 10 percent enhancement criteria while taking substantially less land out of production.

2. Unlike most other habitat types, agricultural lands are enhanced by treating linear features that run along the edge of or through fields--features such as roads or drainage ditches. In these cases, the land area of direct enhancement activity is substantially less than that area benefiting from the enhancement. This has the advantage of minimizing impacts to agricultural land production. Installing pollinator hedgerows at the edges of fields and grassland borders along irrigation and drainage ditches, and planting nest trees and associated shrubs and grasses, are enhancements used in the cost analysis to represent the range of types of agricultural land enhancements outlined in the SJMSCP.

In addition to benefits to species, these linear features offer benefits of preventing soil erosion and reducing costs for weed control and linear water conveyance infrastructure maintenance. They also enhance the entire field they are associated with, meeting the 10 percent enhancement criterion while also minimizing loss of productive agricultural land. The enhancement cost estimate for agricultural lands is therefore based on the acres of hedgerow or other linear feature multiplied by the cost per acre to install hedgerows and similar linear features.

SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost per preserve acre (2022 dollars) DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B1 PreserveEnhancementCost - 8/11/2022

2.A.a
Packet Pg. 114 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Cost Factors (2022 dollars) Remainder of Permit Term
Remaining years in permit term 29 used in formulae below to calculate costs for the remainder of the permit Biological Site Assessment
Number of site visits per year 8 assumes 6 hours per visit Annual cost $7,538
Total Site Assessment cost remainder of permit term $218,602 Preserve Management Plan Preparation
Number of management plans per year 12 assumes 40 hours per plan Annual cost $75,377
Total Preserve Management Plan cost remainder of permit t $2,185,933 Preserve Enhancement Plan Preparation
Average cost per enhancement plan $4,397 assumes 28 hours per plan for each enhancement project Average acres per project 240
Average cost per preserve acre $18
Preserve Enhancements on Agricultural Lands
Enhancement cost per preserve acre $1,075 from Table B1 Preserve Enhancements on Non-Vernal Pool Natural Lands
Enhancement cost per preserve acre $13,437 from Table B1 Vernal Pool Creation/Enhancement
Enhancement cost per preserve acre $39,083 from Table B1 Vernal Pool Upland Grassland Enhancement
Enhancement cost per preserve acre $4,711 from Table B1 Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B2 AssessmentEnhancementCost - 8/11/2022

2.A.a
Packet Pg. 115 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement (2022 dollars) Cost Allocation by Habitat Type
Remainder of Permit Term

multiplied by preserve
acres remaining to be
acquired
Preserves by Habitat Type
Acres Remaining
to be Acquired1
Percent
of Total
Biological Site
Assessment
Preserve
Management Plans
Preserve Enhancement
Plans
Preserve
Enhancements
Vernal Pool
Restoration
Agricultural lands 38,488.30 48% $104,328 $1,043,239 $692,789 $41,384,409 na Non-vernal pool natural lands 24,321.84 30% 65,928 659,252 437,793 $326,800,741 na Vernal pool grasslands 15,720.66 19% 42,613 426,114 282,972 $74,060,792 na Vernal pool wetted 2,115.00 3% 5,733 57,328 38,070 na $82,660,424 80,645.80 100% $218,602 $2,185,933 $1,451,624 $442,245,942 $82,660,424

1. Includes 600 acres of neighboring lands preserves.

2. SJCOG, Inc. spending through 12/31/19 on site visits and preserve management plans totals at least $400,000; assume all of these types of costs for existing preserves are included in spe Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group.

Costs - Remainder of Permit Term
Cost per acre multiplied by
preserve acres remaining to be
acquired
Total cost allocated by preserve type
percent of total preserve acres remaining
to be acquired2
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B3 AssessEnhancementCostAlloc - 8/11/2022

2.A.a
Packet Pg. 116 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Fee Calculations (2022 dollars)
Remainder of Permit Term
Habitat Type
Biological
Site
Assessment
Preserve
Managemen
t Plans
Preserve
Enhancement
Plans
Agricultural and
Non VP Natural
Land
Enhancement
Total for
Agricultural and
Non VP Natural
Land (incl. assessment
and plans)
Vernal Pool
Restoration /
Enhancement
Total for
Vernal Pool
(incl. assessment
and plans)
Costs associated with non-vernal pool natural/agricultural lands conversi $170,256 $1,702,491 $1,130,582 $368,185,150 $371,188,479 Natural (non vernal pool)/Agricultural land conversion (acres), remaining 47,278.09 47,278.09 47,278.09 47,278.09 47,278.09 Multi-purpose open space conversion (acres), remaining1 34,122.94 34,122.94 34,122.94 34,122.94 34,122.94 Multiplier for natural/agricultural land conversion 1 1 1 1 1 Multiplier for multi-purpose open space conversion1 0.5 0.5 0.5 0.5 0.5 Assessment & Enhancement Component of Natural (non-vernal pool)/Agricultural Lands Fee $3 $26 $18 $5,723 $5,769
Assessment & Enhancement Component of Multi-Purpose Open Space $2 $13 $9 $2,862 $2,885 Costs associated with vernal pool grasslands $42,613 $426,114 $282,972 $74,060,792 $74,812,491 Vernal pool grassland conversion (acres), remaining 5,162.74 5,162.74 5,162.74 5,162.74 5,162.7 Assessment & Enhancement Component of Vernal Pool Grasslands Fee $8 $83 $55 $14,345 $14,491 Costs associated with vernal pool wetted $5,733 $57,328 $38,070 $82,660,424 $82,761,555 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 706.75 706.8 Assessment & Enhancement Component of Vernal Pool Wetted Fee $8 $81 $54 $116,959 $117,102 Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group.

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B4 AssessmentEnhancementFEE - 8/11/2022

2.A.a
Packet Pg. 117 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE C.5 for Annual Update
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category C Monitoring and Program Management/Administration, including endowment for post-permit costs Fee Calculations (2022 dollars)
Habitat Type
Remainder of
Permit Term Post permit Total
Post Permit
% of Total
Fee
Costs associated with non-vernal pool natural/agricultural lands conversion $38,737,435 $6,809,704 $45,547,139 Non-vernal pool Natural/Agricultural land conversion (acres), remaining 49,654.31 49,654.31 49,654.31 Multi-purpose open space conversion (acres), remaining1 34,494.82 34,494.82 34,494.82 Multiplier for natural/agricultural land conversion 1 1 1 Multiplier for multi-purpose open space conversion1 0.5 0.5 0.5 Monitoring & Administration Component of Natural (non-vernal pool)/Agricultural Lands Fee $579 $102 $681 15%
Monitoring & Administration Component of Multi-Purpose Open Space Fe $290 $51 $341 15% Costs associated with vernal pool grasslands $7,387,258 $1,298,616 $8,685,874 Vernal pool grassland conversion (acres), remaining 5,163.08 5,163.08 5,163.08 Monitoring & Administration Component of Vernal Pool Grasslands Fee $1,431 $252 $1,682 15% Costs associated with vernal pool wetted $990,979 $174,206 $1,165,185 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 Monitoring & Administration Component of Vernal Pool Wetted Fee $1,402 $246 $1,649 15% Note: Net of existing fund balance allocated to Category C permit-term and post-permit costs.

Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, Urban Economics, and Hausrath Economics Group.

1. The fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space, thereby assisting with the financing of management and monitoring on agricultural and natural lands preserves.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - C MonitorAdminFEE - 8/11/2022

2.A.a
Packet Pg. 118 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 1
2020 Five-Year Economic Analysis and Fee Update
Land Conversion and Preserve Acres by Habitat Type for the 50-year Permit Term Habitat Type Land Conversion1
Number of Preserve
Acres to Land
Conversion Acres
Total Preserve
Acres for
Compensation
Neighboring Land
Protection
Preserves
Total All
Preserve
Acres
Percent
Total Acres
Agricultural lands2 57,635 1.00 57,635 300 57,935 57%
Natural Lands
Ditches3 126 3.00 378 378 0.37%
Grasslands4 4,853 3.00 14,559 14,559 14.44%
Oak woodlands
5 286 3.00 858 858 0.85%
Riparian6 900 3.00 2,700 25 2,725 2.70%
Submerged aquatic in the Delta Zone 3 3.00 10 10 0.01%
Vernal pool grasslands7
VP - wetted surface area 707 3.00 2,121 2,121 2.10%
VP - upland grassland 5,187 3.00 15,561 15,561 15.43%
VP - Neighboring Land Protection preserves8
na 250 250 0.25%
Other natural lands9 2,140 3.00 6,420 25 6,445 6.39%
Subtotal Natural Lands 14,202 42,607 300 42,907 42.55%
Total 71,837 100,242 600 100,842 100.00%

3. Drainage ditches (unlined) generally found in agricultural fields (D types).

4. Valley grasslands (G types) and Foothill grasslands (G2 types).

7. Vernal pool grasslands (G3 type) .

NOTE: In the following footnotes, "type" refers to the mapped habitat unit identified in the SJMSCP Biological Analysis (Chapter 2). The following footnotes provide summaries only and the reader should refer to the Biological Analysis for a detailed description of each habitat type.

5. Blue Oak woodlands, savanna and forests (BL types), Blue Oak Conifer woodlands, savanna and forests (BCN types), Valley Oak Woodland, savanna and forests (V types), and Mixed Oak Woodlands, savanna and forests (O types).

6. This category includes those portions of rivers and major streams located outside the Primary Zone of the Delta (Mokelumne, Calaveras, Stanislaus, and San Joaquin Rivers). These were originally included in a separate "Riparian Zone" during the SJMSCP planning process (i.e., "Riparian" refers to a zone rather than to the "Riparian" habitat type. The Riparian Zone was "absorbed" or combined into its surrounding zone (i.e., Central/Central-Southwest) in the final SJMSCP. It generally included River and Deep water channel (W), Tributary Streams (W2), Creeks-intermittent and perennial (W3, W3-i, W3-p), Dead-end sloughs (W-4) and their associated riparian habitats (Great Valley Riparian - R, R2, R3, R5, R4, S, S2). This category includes 25 acres of Neighboring Lands Protection Preserves for Valley elderberry longhorn beetle habitat.

9. This category includes all natural land types except for Vernal Pools. Cost estimates in this category are an average of the costs of acquiring, restoring, enhancing the Natural Land categories specified in the preceding categories excluding Vernal Pools. This category also includes natural lands not included in other categories: All Water Features (W types), Channel islands (I types), tule island and mudflat (I2) marsh, and Diablan sage scrub (S3 types) and all other types of Natural Lands.

8. The vernal pool preserves for Neighboring Land Protection consist of existing vernal pools (no creation requirement). Enhancements will benefit the tiger salamander.

2. Neighboring Land Protection Preserves consist of ditched agricultural lands providing habitat for giant garter snake and pond turtle and other lands as needed for compensation to other covered species associated with agricultural land preserves.

1. Land conversion includes results of Tier 1 and Tier 2 analyses. Agricultural land conversion includes 9,720 acres from Tier 2 Analysis and Natural Lands conversion includes 5,000 acres from Tier 2 Analysis of vernal pool conversion to orchards and vineyards and 744 acres of other natural lands conversion.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 1 SJMSCP Acres 6_4_2015 - 8/11/2022

2.A.a
Packet Pg. 119 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 2.1
2020 Five-Year Economic Analysis and Fee Update
Preserve Acres, Total and Remaining to be Acquired1
Preserve/Habitat Type
Total Preserve
Acres - 50-year
Permit
Total Preserve
Acres Acquired
through
12/31/20212
Total Preserve
Acres Remaining
to Be Acquired
(links to A.3, B.3.
and C.4)
Agricultural lands 57,935 11,403.699
Grasslands mitigating agricultural land impacts 8,043
Natural lands
Ditches 378 - 378.00
Grasslands 14,559 578.510 13,980.49
Oak woodlands 858 - 858.00
Riparian 2,725 44.050 2,680.95
Submerged aquatic in the Delta 10 - 10.00
Other natural lands 6,445 30.600 6,414.40
Subtotal non-vp natural lands 24,975 653.160 24,321.84
Total Non VP Natural/Ag Lands 82,910 20,099.859 62,810.14 Vernal pool wetted 2,121 6.000 2,115.00
Vernal pool grasslands 15,811 90.345 15,720.66
Total 100,842 20,196.204 80,645.80
Notes:

1. Includes six acres of vernal pool jumpstart.

Sources: Table 1 in this workbook, Table 6 from Annual Reports through 2019, and SJCOG Inc. staff.

2.The Mizuno Preserve (row and field crop agricultural land preserve) is recorded at 181.449 acres (3 decimals).

All other preserve acres recorded at 2 decimals or less. 38,488.30
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 2.1 RemainingPreservetoAcquire - 8/11/2022

2.A.a
Packet Pg. 120 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 2.2
2020 Five-Year Economic Analysis and Fee Update
A. Preserves Acquired by Habitat Type and Zone as of 12/31/2019 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural lands 6,327.299 4,347.850 10,675.149
Natural lands
Ditches
Grasslands 243.250 7,121.280 7,364.530
Oak woodlands
Riparian 44.050
Submerged aquatic in the Delta
Other natural lands 30.600
Subtotal non-vp natural lands 317.900 - 7,121.280 - 7,439.180 Total Non VP Natural/Ag Lands 6,645.199 4,347.850 7,121.280 - 18,114.329 Vernal pool wetted 6.000 6.000
Vernal pool grasslands (upland) 71.760 18.585 90.345
Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674
Source: SJMSCP 2019 Annual Report , Table 6 and Table 12 B. Preserves Acquired by Summary Habitat Type and Zone as of 12/31/2019 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural Land 6,327.299 4,347.850 - - 10,675.149
Natural Land 389.66 - 7,121.280 24.585 7,535.525
Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674
Source: SJMSCP 2019 Annual Report , Table 6 and Table 12 C. Estimate of Future Southwest Zone Preserves, July 2020 2,500 Source: SJCOG, Inc. staff.

SJMSCP Index Zone
SJMSCP Index Zone
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 2.2 Preserves_Habitat_Zone_2019 - 8/11/2022

2.A.a
Packet Pg. 121 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 3
2020 Five-Year Economic Analysis and Fee Update
Allowed and Remaining Incidental Take Acreage
Preserve/Habitat Type
Take Authorizations - 50-year
Permit (including multipurpose open space)1
Cumulative Acres
of Take through
12/31/2021
Remaining Acres of
Land Conversion (links
to A.4, B.4. and C.5)
Agriculture 57,635 18,070.29 39,564.71
Multi-purpose (other open space) 37,465 3,342.06 34,122.94 Natural lands
Vernal pool wetted 707 0.25 706.75
Vernal pool upland grassland 5,187 24.26 5,162.74
All other natural lands 8,308 594.95 7,713.38
Total 109,302 22,031.81 87,270.52
Notes:

1. Land conversion includes results of both Tier 1 and Tier 2 analysis. See Table 1 note 1.

Sources: Table 1 in this workbook, SJMSCP Table 1-1 and Table 4.2-2; SJCOG, Inc., 2021 Annual Report Table 4 DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 3 Cumulative Take_Remaining - 8/11/2022

2.A.a
Packet Pg. 122 Attachment: SJCOG Staff Report (22-44 : SJMSCP Fee Update - 2023) SJCOG, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438 San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)
2023 Updated Habitat Fees*
Habitat Type Fee Per Acre
Multi-Purpose Open Space $9,629
Natural $19,255
Agriculture $19,255
Vernal Pool - uplands $75,320
Vernal Pool - wetted $176,878
* Effective January 1, 2023 – December 31, 2023
\
2023 Endowment Fees with In-lieu Land**
Type of Preserve Enhancement
Cost/acre
Land
Management
Cost/acre

TOTAL PER
ACRE

ENDOWMENT
Agricultural Habitat Lands $5,769.00 $769.97 $6,539
Natural Lands $5,769.00 $769.97 $6,539
Vernal Pool Habitat
Vernal Pool Grasslands $14,491.00 $1,901.76 $16,393
Vernal Pool Wetted $117,102.00 $1,864.45 $118,966
** Effective January 1, 2023 – December 31, 2023 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres.

VELB Mitigation
A special fee category shall apply when removal of the Valley Elderberry Long-horned Beatle (VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first.

Robert Rickman
CHAIR
David Bellinger

VICE CHAIR
Diane Nguyen

EXECUTIVE DIRECTOR
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,
RIPON,

STOCKTON,
TRACY,
AND

THE COUNTY OF

SAN JOAQUIN
Exhibit A 2.A.b
Packet Pg. 123 Attachment: Exhibit A (22-44 : SJMSCP Fee Update - 2023)

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon City Council will hold a public hearing at a meeting on Tuesday, October 11, 2022 at 6:00 P.M. in The City of Ripon Council Chambers, 259 N. Wilma Ave., Ripon, on the following matter:

SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE AMENDMENT 2023 -The City Council will consider the Development Fee Amendment for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new development pursuant to the SJMSCP within the City of Ripon.

PURSUANT TO SECTION 65009 OF THE GOVERNMENT CODE OF THE STATE OF

CALIFORNIA, NOTICE IS HEREBY FURTHER GIVEN THAT IF SUCH PROPOSED FEE

AMENDMENT IS CHALLENGED IN COURT, SUCH CHALLENGE MAY BE LIMITED TO ONLY

THOSE ISSUES RAISED AT THE PUBLIC HEARING OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK AT OR PRIOR TO THE PUBLIC HEARING.

ALL INTERESTED PARTIES will be given an opportunity to appear and be heard by the City Council of The City of Ripon at said time and place pertaining to the above described matter.

CITY OF RIPON
Lisa Roos, City Clerk
Published: September 6, 2022

2.A.c
Packet Pg. 124 Attachment: Notice of Public Hearing (22-44 : SJMSCP Fee Update - 2023) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 10/11/2022
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

3.A
Packet Pg. 125
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 11th day of October, 2022, by the following vote:

3.A
Packet Pg. 126
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Daniel de Graaf, Council Member
AYES: Uecker, Restuccia, Zuber, de Graaf, Barton

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

By: ___________________________
LISA ROOS, City Clerk

3.A
Packet Pg. 127

Ripon City CouncilOctober 11, 2022

Ripon City Council
October 11, 2022