• In conjunction with related site improvement requirements, existing overhead and underground electric facilities within or adjacent to the proposed project shall be protected, relocated or removed as required by the District's Electric Engineering Department. Any relocation or installations shall conform to the District's Electric Service Rules. Customer will be responsible for all MlD's cost associated with the development. • MID easements for protection of overhead and underground electrical facilities are required. MID overhead secondary cable shall be protected by a minimum 20’ wide easement centered on the overhead cable. Overhead primary cable shall be protected by a minimum 30’ wide easement centered on the overhead cable. MID underground secondary cable shall be protected by a minimum 5 foot. wide easement centered on the underground cable. MID underground primary cable shall be protected by a minimum 10 foot. wide easement centered on the underground cable. When underground cable is not located in the Road Right of Way or within the PUE along the street frontage a MID easement is required to protect the existing underground electrical facilities and maintain necessary safety clearances.
• This area falls with the PG&E and MID competitive zone. If electric service is desired, contact MID’s Electric Engineering Department to determine the availability of service and coordinate service requirements to propose projects. Please contact Modesto Irrigation District at (209) 526-7337 or (888) 335-1643 and ask for the Electric Engineering Design Group if you have any questions or concerns.
The Modesto Irrigation District reserves its future rights to utilize its property, including its canal and electrical easements and rights-of-way, in a manner it deems necessary for the installation and maintenance of electric, irrigation, agricultural and urban drainage, domestic water and telecommunication facilities.
These needs, which have not yet been determined, may consist of poles, crossarms, wires, cables, braces, insulators, transformers, service lines, open channels, pipelines, control structures and any necessary appurtenances, as may, in District’s opinion, be necessary or desirable.
If you have any questions, please contact me at (209) 526-7447.
Sincerely,
Lien Campbell
Risk & Property Analyst
Copy: File
Lien Campbell
1.4.B.b
Packet Pg. 184 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) z
psa
SAN JOAQUIN
, COUNTY
4,:etba . Greatness grows here.
July 11,2022
Environmental Health Department
Jasjit Kang, REHS, Director
Muniappa Naidu, REHS, Assistant Director
PROGRAM COORDINATORS
Robert McClellan, REHS
Jeff Carruesco, REHS, RDI
Willy Ng, REHS
Steven Shih, REHS
Michelle Henry, REHS
Elena Manzo, REHS
To: City of Ripon Department of Planning and Economic Development From: Aaron Gooderham (209) 616-3062
Registered Environmental Health Specialist
RE: UP22-55, Referral, SU0015045
775 Frontage Road, Ripon
The San Joaquin County Environmental Health Department (EHD) recommends the following conditions as a part of developing this project:
Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department (San Joaquin County Development Title, Section 9- 1115.3 and 9-1115.6).
Before any hazardous materials/waste can be stored or used onsite, the owner/operator must report the use or storage of these hazardous materials to the California Environmental Reporting System (CERS) at cers.calepa.ca.gov/ and comply with the laws and regulations for the programs listed below (based on quantity of hazardous material in some cases). The applicant may contact the Program Coordinator of the CUPA program, Elena Manzo (290) 953-7699, with any questions.
Any amount but not limited to the following hazardous waste; hazardous material spills, used oil, used oil filters, used oil-contaminated absorbent/debris, waste antifreeze, used batteries or other universal waste, etc. — Hazardous Waste Program (Health &Safety Code (HSC) Sections 25404 & 25180 et sec.) Onsite treatment of hazardous waste — Hazardous Waste Treatment Tiered Permitting Program (HSC Sections 25404 & 25200 et sec. & California Code of Regulations (CCR), Title 22, Section 67450.1 et sec.)
Reportable quantities of hazardous materials-reportable quantities are 55 gallons or more of liquids, 500 pounds for solids, or 200 cubic feet for compressed gases, with some exceptions. Carbon dioxide is a regulated substance and is required to be reported as a hazardous material if storing 1,200 cubic feet (137 pounds) or more onsite in San Joaquin County — Hazardous Materials Business Plan Program (HSC Sections 25508 & 25500 et sec.)
Any amount of hazardous material stored in an Underground Storage Tank — Underground Storage Tank Program (HSC Sections 25286 & 25280 et sec.) i. If an underground storage tank (UST) system will be installed, a permit is required to be submitted to, and approved by, the San Joaquin County 1868 E. Hazelton Avenue I Stockton, California 95205 I T 209 468-3420 I F 209 464-0138 I www.sjgov.org/ehd
1.4.B.b
Packet Pg. 185 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) UP22-55 Referral, SU0015045 Page 2 of 2
775 Frontage Road, Ripon July 11,2022
Environmental Health Department (EHD) before any UST installation work can begin.
ii. Additionally, an EHD UST permit to operate is required once the approved UST system is installed.
Storage of at least 1,320 gallons of petroleum aboveground or any amount of petroleum stored below grade in a vault — Aboveground Petroleum Storage Program (HSC Sections 25270.6 & 25270 et sec.)
i. Spill Prevention, Countermeasures and Control (SPCC) Plan requirement Threshold quantities of regulated substances stored onsite - California Accidental Release Prevention (CalARP) Program (Title 19, Section 2735.4 & HSC Section 25531 et sec.)
i. Risk Management Plan requirement for covered processes 1868 E. HazeIton Avenue I Stockton, California 95205 I T 209 468-3420 I F 209 464-0138 I www.sjgov.org/ehd
1.4.B.b
Packet Pg. 186 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) From: Tajiri, Joshua
To: McDonald, Stephen; Shelby DeHaven
Cc: Aleman, Alberto
Subject: Re: Project Review Notice - UP22-55 - 775 Frontage Rd Date: Monday, July 11, 2022 2:38:09 PM
Attachments: image003.png
image.png
Outlook-i5fh2mfo.png
Shelby,
Here is a mapping of our current facilities.
We have an aerial lead that shouldn't interfere with the construction build. However, we do have an underground buried cable going to a building. I don't know if this building is going to be a part of your project.
Please let me know if you have any other questions or concerns.
Joshua Tajiri | Senior Network Engineer
M 408-607-3202 | Manteca,CA
[email protected]
From: McDonald, Stephen <[email protected]>
Sent: Friday, July 8, 2022 8:20 AM
To: Shelby DeHaven <[email protected]>; Tajiri, Joshua <[email protected]> Cc: Aleman, Alberto <[email protected]>
Subject: RE: Project Review Notice - UP22-55 - 775 Frontage Rd
1.4.B.b
Packet Pg. 187 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) Adding Josh; the Frontier engineer for the area.
Steve McDonald | Manager Engineering
O 805-375- 3765 | M 661-645-5593 | [email protected] From: Shelby DeHaven <[email protected]>
Sent: Thursday, July 7, 2022 4:39 PM
To: Aleman, Alberto <[email protected]>; Alurel Boyd <[email protected]>; carla rodriguez <[email protected]>; Souza, Chad <[email protected]>; Dawn @ SSJID <[email protected]>; Dennis Bitters Forward <[email protected]>; Dr. Ziggy Robeson <[email protected]>; Ed Ormonde <[email protected]>; Environmental Health Dept <[email protected]>; Elms, Eric <[email protected]>; Forrest Killingsworth <[email protected]>; E911AddressDatabase <[email protected]>; Grace Luke <[email protected]>; Isaiah Anderson - SJCOG <[email protected]>; Jacob Andresen <[email protected]>; James Pease <[email protected]>; Jose Molina - Assessor's Office <[email protected]>; Tajiri, Joshua <[email protected]>; Ken Zuidervaart <[email protected]>; Kevin M. Werner <[email protected]>; Lien Campbell - MID <[email protected]>; Linda Fischer <[email protected]>; Lori Wilson Post Office <[email protected]>; Lozeau Drury LLP <[email protected]>; Lozeau Drury LLP <[email protected]>; Lozeau Drury LLP <[email protected]>; Newell, Justin PG&E <[email protected]>; PGE Plan Review <[email protected]>; Rafedah Carella <[email protected]>; Sanchez, Robert <[email protected]>; McDonald, Stephen <[email protected]>; Swearingen, Joshua B@DOT <[email protected]>; Todd Hatch <[email protected]>; Valley Air <[email protected]> Subject: Project Review Notice - UP22-55 - 775 Frontage Rd WARNING: External email. Please verify sender before opening attachments or clicking on links.
Hello All,
Please find the attached project review notice for UP22-55. Applicant is requesting a Conditional Use Permit for new construction of a bus barn and maintenance facility for Ripon Christian Schools.
Comments can be emailed to Ken Zuidervaart – [email protected] or Shelby DeHaven – [email protected].
Let me know if you need any more information. Thanks!
1.4.B.b
Packet Pg. 188 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) P.O. Box 747, Ripon, CA 95366-0747 (Mailing)
11011 E. Highway 120, Manteca, CA 95336-9750
(209) 249-4600
July 13, 2022
Ken Zuidervaart
City of Ripon
259 N. Wilma Ave.
Ripon, Ca 95366
Re: Ripon Christian School Bus Barn
APN: 261-630-11
Dear Mr. Zuidervaart:
Based upon review of the above referenced site plan, there does not appear to be any District facilities located within the proposed site.
Thank you for the opportunity to review and comment on this matter. If you have any questions, please feel free to contact me at 249-4620.
Sincerely,
Forrest Killingsworth
Engineering Dept. Manager
1.4.B.b
Packet Pg. 189 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA)
RIPON FIRE DISTRICT
General Conditions
1 of 4
For: General Conditions for Development
Date: 08-01-22
Supersedes: 01-01-22
Purpose: To provide general conditions for approval of projects within the jurisdiction of the Ripon Fire District. The conditions listed in this document are not intended to be all-inclusive, and the District may impose additional conditions or requirements prior to approval. Projects are required to be constructed in accordance with any and all applicable local, state and federal laws and regulations.
FIRE DEPARTMENT ACCESS
󠄀 All designated fire access routes and lanes shall be in accordance with the currently adopted codes, and as required by the District. Fire lanes will be marked in accordance with District specifications and approved by the District prior to installation. All gates located on fire access route shall be provided with means for entry as approved by the District.
󠄀 One or more Knox Key Boxes shall be installed at a location approved by the District. Ordering information for Knox Company products is available online at www.knoxbox.com 󠄀 Roof and attic access hatches shall be sized suitable for firefighters and be provided as approved by the District.
PREMISES IDENTIFICATION
󠄀 All buildings shall be provided with approved street address/suite numbers, plainly visible and legible from the street. Where a building is set back from the street or road fronting the property, and whenever an addresses may not be clearly identifiable due to distance from the street or roadway, landscape, architectural appendages or other obstructions, address posting shall be required both at the street driveway serving the building(s) and on the building(s).
Size and Height
Determined by distance to location of address as posted, measured from curb. 25 Feet 4 inch
26-40 Feet 6 inch
41-55 Feet 9 inch
Over 55 Feet 12 inch
Numbers shall be a minimum of a ¾” stroke and shall contrast with their background.
Rear of Buildings
Any business or apartment building which affords vehicular access to the rear through a driveway, alley way or parking lot, shall also display approved identification or address numbers on the rear of the building for such business or apartment building in a location approved by the Fire Chief.
1.4.B.b
Packet Pg. 190 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA)
RIPON FIRE DISTRICT
General Conditions
2 of 4
Multiple Dwelling Units
An approved diagram of the premises which clearly indicates all individual addresses of each unit in the complex shall be erected at the entrance driveways to every multiple dwelling complex having more than one building on the premises or when required by the Fire Chief. In addition, the Fire Chief may require that individual buildings on the premises be identified in an approved manner.
Premises Identification-Multiple Buildings
An approved identification of multiple buildings within an industrial complex shall be required which clearly indicates each individual building in the complex. Identification shall be placed on each building in a size and location when required by the Fire Chief and be visible for responding emergency personal in an approved manner.
WATER SUPPLY
󠄀 Water Supplies and Fire Hydrants shall be in accordance with all current codes and specifications adopted by the District.
󠄀 Fire hydrant location, distribution and installation shall be in accordance with the current codes and specifications adopted by the District. Onsite hydrants may be required depending on access and hazards present. 󠄀 All Hydrants shall be supplied by a dedicated 8” service from the main line, unless otherwise approved by the Fire Chief. On-site systems may be required to be supplied from two directions otherwise known as “looped” systems.
FIRE CODE PLAN CHECK
󠄀 Submit 1 complete set of plans to the Ripon Fire District office located at 142 S. Stockton Ave. in Ripon, CA.
Plans for fire protection systems shall be submitted and approved prior to construction, unless other arrangements have been made and approved to by the District.
󠄀 Submit to the District a one page facility plan in PDF format for inclusion in Fire Department Pre-Fire Plan Program. Contact Fire Chief for additional information. 󠄀 Payment for all Plan Checks are due at the time of completion of the plan check process in order to receive approved plans and proceed. . Work shall not commence until approved plans are received from the District.
FIRE PROTECTION SYSTEMS
󠄀 Automatic Sprinkler Systems
Electronic plan submittal is preferred. If electronic submittal is not possible, contact via email for instructions. All plans for fire protection systems shall be submitted and approved prior to construction, unless other arrangements have been made and approved by the District in advance. All correspondence should be routed to [email protected]
System Requirements
The location of all hydrants, fire department connections, indicating valves, etc. shall be approved by the District prior to installation. All hydrants, OS&Y’s and FDC’s shall be painted for identification purposes as required by the Fire District.
1.4.B.b
Packet Pg. 191 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA)
RIPON FIRE DISTRICT
General Conditions
3 of 4
All fire department connections (FDC) shall be provided with locking cap(s) to prevent tampering. The approved make and model is as follows:
KNOX Company
Locking FDC Cap
Model #3011
Ordering information for Knox Company products is available online at www.knoxbox.com All backflow and detector check assemblies shall be installed per City of Ripon specifications, and monitored with tamper switch(s). Indicating valves shall be provided with locking devices in order to lock valve(s) in open position.
All piping that is any part of an automatic sprinkler system shall meet the C 900 specification, rated at 200 psi.
Unless otherwise approved, all automatic sprinkler systems shall be supplied by a dedicated 8” connection from the main line.
Fire Department Connections (FDC) shall be located within 30 feet of an approved fire hydrant Multi-Story buildings shall provide standpipe connections on each floor for firefighting operations as approved by the District. Depending on roof configuration, a roof connection also may be required.
ALARM SYSTEMS
󠄀 Automatic Fire Suppression Systems controls shall be monitored by an approved alarm monitoring Service.
Electronic plan submittal is preferred. If electronic submittal is not possible, contact via email for instructions. All plans for fire protection systems shall be submitted and approved prior to construction, unless other arrangements have been made and approved by the District in advance. All correspondence should be routed to [email protected]
In the event that electronic submittal is not possible, three (3) sets of plans and equipment specifications shall be submitted to the District for approval prior to commencement of installation.
The following devices shall be monitored by the alarm system:
System valves - Tamper Switches
Sprinkler Risers - Flow switches
Post Indicator Valves - Tamper Switches
Manual Pull Stations
Commercial Hood & Duct Systems
COMMERCIAL COOKING OPERATIONS
󠄀 Automatic Fire Suppression Systems shall be installed for protection of commercial cooking equipment.
Electronic plans submittal is preferred, otherwise submit three (3) complete sets of plans for hood & duct systems to the Ripon Fire District Office for review and approval prior to installation.
1.4.B.b
Packet Pg. 192 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA)
RIPON FIRE DISTRICT
General Conditions
4 of 4
INSPECTIONS
󠄀 Builder/Contractor is required to contact the Fire District 48 hours in advance to arrange the following on-site I inspections when required:
Fire Access Roads and Lanes
Sprinkler Systems
Fire Alarm Systems
Fire Hydrant Installation
Fire Extinguisher Placement
Special Systems
Final Occupancy Inspections
A set of stamped and approved plans shall be on-site at all times during construction.
FIRE EXTINGUISHERS
󠄀 Provide extinguishers with a minimum rating of 2A 10B:C within 75 feet of exits and for every 3000 square feet in general use areas. Placement of extinguishers shall be in compliance with currently adopted codes. In any event, placement of fire extinguishers shall meet or exceed Section 906 of the California Fire Code. 󠄀 The Fire District shall be notified prior to occupancy of the facility for the approval of the locations, type and size of each fire extinguisher. Extinguishers are required during construction, alteration or demolition of any building.
Fire Extinguishers shall be tagged by a licensed extinguisher service company prior to installation.
FEES/PERMITS
󠄀 Plan Check/Inspection Fees
Plan check/inspection fees will be charged for the following in accordance with the fee schedule adopted by the Board of Directors of the Ripon Fire District:
Fire Code Plan Check
Fire Protection Systems
Commercial Cooking Operations (Hood and Duct) Fire Protection Systems Fire Alarm Systems
A list of construction permit fees can be found on the Ripon Fire District website @ www.riponfire.com Construction permits include the cost for all inspections and certifications. 󠄀 Fire Impact Fees
Fire Impact Fees will be charged in accordance with the fee schedule on record at the City of Ripon and/or as described in the Development Agreement between the City of Ripon and the Developer. Development Fees are based on use, not zoning. Estimates of fees can be provided by the Fire District upon request.
ANNUAL OPERATING PERMIT(S)
󠄀 The California Fire Code (CFC) lists specific uses or operations that require annual operating permits. This list can be found on the District’s website located at www.riponfire.com under Fire Code Permit Fee Schedule.
PARTICIPATION IN RCFD COMMUNITY CONNECT PROGRAM
󠄀 Occupant may be required to register an account in RCFD Community Connect Program for specific pre-arrival and pre-planning information.
1.4.B.b
Packet Pg. 193 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) S J C O G, 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)
SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.
To: Ken Zuidervaart, City of Ripon, Department of Planning & Economic Development From: Laurel Boyd, SJCOG, Inc. Phone: (209) 235-0574 Email: [email protected] Date: July 11, 2022
Local Jurisdiction Project Title: Conditional Use Permit (UP22-55) Assessor Parcel Number(s): 261-630-11
Local Jurisdiction Project Number: UP22-55
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Urban Habitat Land
Species Impact Findings: Findings to be determined by SJMSCP biologist.
Dear Mr. Zuidervaart:
SJCOG, Inc. has reviewed the project referral for the Conditional Use Permit (UP22-55). This project consists of a request to construct an approximately 6,000 square foot pole barn building for bus storage and a maintenance yard for Ripon Christian School. The existing lot is approximately 34,848 square feet in a Community Commercial (C2) zoned district and contains a pre-existing shop building on-site that will be used for minor bus maintenance. Site improvements include installation of curb, gutter and sidewalk across the frontage, installation of landscaping on-site, paving a portion of the site, etc. The project site is located at 775 Frontage Road, Ripon (APN: 261-630-11).
The City of Ripon is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.
This project is not subject to participate at this time due to structure and ground disturbance already existing. Any future structures that require ground disturbance on this or subsequent divided parcels will be subject to participate in the SJMSCP and should be resubmitted to this agency.
It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.
If you have any questions, please call (209) 235-0600.
1.4.B.b
Packet Pg. 194 Attachment: Exhibit A_UP22-55 Approval (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) 22177
10/20/2022
OFFSITE PREPARATION
1 MOBILIZATION LS LUMP SUM $2,000.00 $2,000
2 ROUGH & FINISH GRADE SF 5,000 $0.25 $1,250
3 CONSTRUCTION STAKING LS LUMP SUM $1,000.00 $1,000
4 EROSION CONTROL LS LUMP SUM $2,000.00 $2,000
5 CONCRETE DEMOLITION SF 500 $3.00 $1,500
6 ASPHALT PAVEMENT DEMOLITION SF 220 $2.50 $550
OFFSITE IMPROVEMENTS
7 STORM DRAIN MANHOLE EA 1 $3,000.00 $3,000
8 STORM DRAIN CATCH BASIN EA 1 $3,000.00 $3,000
9 12" STORM DRAIN LINE LF 75 $45.00 $3,375
10 2" WATER BACKFLOW EA 2 $1,500.00 $3,000
11 2" WATER METER EA 2 $1,500.00 $3,000
12 2" WATER LINE CONNECTION EA 2 $1,000.00 $2,000
13 2" WATER LINE (DOMESTIC WATER) LF 35 $15.00 $525
14 2" NON POTABLE WATER (IRRIGATION) LF 45 $15.00 $675
15 ADA CURB RAMP EA 2 $1,000.00 $2,000
16 6" VERTICAL CURB LF 40 $35.00 $1,400
17 6" VERTICAL CURB AND GUTTER LF 150 $50.00 $7,500
18 TRUNCATED DOMES SF 39 $60.00 $2,340
19 TRENCH AND BACKFILL SF 120 $3.25 $390
20 HEAVY DUTY ASPHALT PAVEMENT SECTION SF 1,230 $8.00 $9,840 21 HEAVY DUTY CONCRETE SECTION SF 505 $10.00 $5,050
ESTIMATE OF CONSTRUCTION COSTS FOR WORK WITHIN CITY RIGHT-OF-WAY Ripon Christian Schools Bus Barn Relocation
ITEM NO. ITEM DESCRIPTION UNIT TOTAL PRICE ($) ESTIMATED QUANTITY UNIT PRICE ($)
Prepared by Siegfried
22177 - Preliminary Offsite Cost Estimate
1.4.B.c
Packet Pg. 195 Attachment: Exhibit B_Cost Estimate (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) 22177
10/20/2022
ESTIMATE OF CONSTRUCTION COSTS FOR WORK WITHIN CITY RIGHT-OF-WAY Ripon Christian Schools Bus Barn Relocation
ITEM NO. ITEM DESCRIPTION UNIT TOTAL PRICE ($) ESTIMATED QUANTITY UNIT PRICE ($)
22 SIDEWALK CONCRETE SECTION SF 960 $6.00 $5,760
23 SLURRY SEAL SF 9,000 $0.50 $4,500
24 STRIPING LF 600 $3.00 $1,800
25 LANDSCAPE & IRRIGATION SF 2,300 $6.00 $13,800
TOTAL $81,255
Prepared by Siegfried
22177 - Preliminary Offsite Cost Estimate
1.4.B.c
Packet Pg. 196 Attachment: Exhibit B_Cost Estimate (3659 : Ripon Christian Bus Barn & Maintenance Facility PIA) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 12/13/2022
Subject: Ripon Network Security Plan
RECOMMENDED ACTION:
Adopt the City of Ripon Network Security Plan prepared in response to the 2021-22 San Joaquin County Grand Jury Case No. 0321, “Cybersecurity: Local Defense Against a Global Threat”.
BACKGROUND
The 2021-22 San Joaquin County Grand Jury has published Case No. 0321, “Cybersecurity:
Local Defense Against a Global Threat”. In the published case the Grand Jury has made Findings and Recommendations to each entity surveyed within the county. A recommendation that The City of Ripon develop, adopt and implement (1) Business Continuity Plan, (2) Disaster Preparedness Plan, and (3) Ransomware Attack Preparedness Plan.
DISCUSSION/RESPONSE
The City of Ripon has addressed each of these elements and incorporated into a single Network Security Plan. This combined document provides steps to mitigate risks of interrupted data processing telecommunications service and/or support service capabilities, continued evaluation of systems and procedures in case of an adverse event, evaluation of network security measures and processes for data recovery, if needed.
FISCAL IMPACT
None.
Attachments:
1. City of Ripon Network Security Plan
1.4.C
Packet Pg. 197
City of Ripon
NETWORK SECURITY PLAN
City of Ripon
1.4.C.a
Packet Pg. 198 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 1 Network Security Plan
Version History
Version Date Author Reason/Comments
1.00 October 2022 Hunter Crosby Document Origination
1.1 October 2022 Hunter Crosby Specific Team Details Added
1.4.C.a
Packet Pg. 199 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 2 Table of Contents
Network Security Plan ..........................................................................................................................................1 Version History .................................................................................................................................................1 Introduction ..........................................................................................................................................................3 Definitions.........................................................................................................................................................3 Part Contents....................................................................................................................................................3 Audience...........................................................................................................................................................3 Business Continuity Plan.......................................................................................................................................4 Purpose.............................................................................................................................................................4 Assumptions .....................................................................................................................................................4 Development....................................................................................................................................................5 Maintenance.....................................................................................................................................................5 Testing ..............................................................................................................................................................5 Contact Information .........................................................................................................................................5 Processes and Procedures................................................................................................................................6 Disaster Preparedness Plan ..................................................................................................................................9 Ransomware and Malicious Software Attack Plan .............................................................................................10
1.4.C.a
Packet Pg. 200 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 3 Introduction
There are several threats that could impact the City of Ripon’s Information Technology Network resulting in lapses in the City’s ability to conduct the “business” of the various City departments. The purpose of the document is to provide a framework for the efforts to prepare for these threats, and if realized, how to respond and recover.
Definitions
Below are the definitions of threats that are considered as part of the plan:
Standard Event
Any abnormal observable loss of service or accessibility occurrence in system, network, environment, process, workflow or personnel. Events may be negative in nature.
Adverse Event
Events with a negative consequence. This plan only applies to adverse events that are caused by factors beyond the resolution capabilities of the computer Incident Response Plan (IRP). Examples of adverse events outside of the scope of the IRP are natural disasters, power failures, ransomware or other malicious software attack, etc. and will be covered by the Network Security Plan.
The intent of the document is to provide a framework for the policies of the City of Ripon related to a standard or adverse event, which includes the following:
Part Contents
I Business Continuity Plan
II Disaster Preparedness Plan
III Ransomware or other Malicious Software Preparedness Plan Audience
This document addresses several groups within the City of Ripon central administration with differing levels and types of responsibilities for network security, as follows:
• Administration
• Management Team
• Support Teams
• External Organizations
It should be emphasized that this document is addressed particularly to the members of the Network Security Team, since they have the responsibility of preparing for, responding to, and recovering from any disaster that impacts the IT functions of the City of Ripon.
1.4.C.a
Packet Pg. 201 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 4 Business Continuity Plan
Purpose
The increasing dependency on computers and telecommunications for operational support poses the risk that a lengthy loss of these capabilities could seriously affect the overall performance of the City of Ripon. A risk analysis identified network systems in two categories:
Category I – those functions whose loss could cause a major impact to the City of Ripon within 72 hours of an outage; and
Category II – those functions whose loss could cause a major impact to the City of Ripon within 2 weeks of an outage.
This risk assessment process will be repeated on a regular basis to ensure that changes to our processing and environment are reflected in recovery planning.
The Management Team recognizes the low probability of an event that results in severe damage to the network system, but understands the importance of preparing for such an event in order to reduce the impacts to the City’s operations by limiting the damage during an event and being prepared to restore the lost data.
The City of Ripon’s Business Continuity Plan is designed to focus resources on the restoration of the critical functions of the City based on the previously identified categories. This is accomplished by identifying responsibilities of the Business Continuity Management Team during an adverse event.
Assumptions
The Business Continuity Plan is predicated on the validity of the following three assumptions:
• The situation that causes the disaster is localized to the data processing facility within the City of Ripon network; or to the communication systems and networks that support the functional area. It is not a general disaster, such as an earthquake or hurricane affecting the entire region.
It should be noted however, that the Business Continuity Plan will still be functional and effective even in an area-wide disaster. Even though the basic priorities for restoration of essential services to the community will normally take precedence over the recovery of an individual organization, the City of Ripon 's Business Continuity Plan can still provide for a more expeditious restoration of our resources for supporting key functions. • The Business Continuity Plan is based on the availability of the hot sites or the backup resources. The accessibility of these, or equivalent backup resources, is a critical requirement.
• The Business Continuity Plan is a document that reflects the changing environment and requirements of the City of Ripon. Therefore, the Business Continuity Plan requires the continued allocation of resources to maintain it and to keep it in a constant state of readiness.
1.4.C.a
Packet Pg. 202 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 5 Development
The City of Ripon 's Information System Network Administrator, with assistance from key City of Ripon support areas, is responsible for developing the City of Ripon 's Business Continuity Plan.
Maintenance
Ensuring that the Business Continuity Plan reflects ongoing changes to resources is crucial. This task includes updating the Business Continuity Plan and revising this document to reflect updates; testing the updated plan; and training personnel. The Information System Network Administrator is responsible for this comprehensive maintenance task.
The Management Team ensures that a formal review is initiated whenever there is a significant change required for the Business Continuity Plan or at least completed annually.
Testing
Testing the Business Continuity Plan is an essential element of preparedness. Partial tests of individual components and recovery plans will be carried out on a regular basis. A comprehensive exercise of the Business Continuity Plan capabilities and the designated recovery facilities will be performed on an annual basis.
Contact Information
Updated October 2022
The following is a list of roles to be referred to in a disaster recovery event.
Name Title Role Contact Information Escalation
(1-3)*
City Administrator Business Continuity
Manager
BC manager (209) 599-0235 1
IT Tech II Infrastructure Manager IR Manager (209) 599-0277 1 Chief of Police Communications Manager BCT member (209) 599-0259 2 City Attorney Legal BCT member (209) 599-0214 3
IT Tech II Risk Manager BCT member (209) 599-0277 3
City Clerk HR Representative BCT member (209) 599-0217 3 Chief of Police Physical Security
Representative
BCT member (209) 599-0259 3
Consultant – Way
Point Network
Solutions
3 rd Party Support (209) 581-6789 2
Alliant Cyber Insurance Provider 3
City Council Regulatory/Government
Reporting Body
3 *Escalation level determines order in which notification should occur:
1. Notify first, required on all incidents
2. Required on all moderate or high-severity incidents
3. Involve as needed
1.4.C.a
Packet Pg. 203 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 6 Processes and Procedures
The processes and procedures explained below pertain specifically to a disaster disabling the main data center. This functional area houses the servers and infrastructure devices needed to support the City of Ripon’s administrative applications. Especially at risk are the critical applications designated as Category I systems. The Business Continuity Plan provides for recovering the capacity to support these critical applications within 72 hours. The subsections below detail the framework set in place to restore the business functions of the City in response to an adverse event:
1. Detect and determine a disastrous condition.
a. The detection of an adverse event that could negatively affect information processing systems at the City of Ripon is the responsibility of the IT Team, Physical Security Representative, or whoever discovers or receives information about an emergency developing in the data center or other areas housing major information processing systems or about the communication lines leading into the buildings. b. The Infrastructure Manager evaluates the initial status of the damaged area and isolates the event, to the best of their ability, such that other areas are not damaged. c. The IT team will estimate the salvageability of the remaining equipment. The assessment of the damage is reported to the Business Continuity Manager. d. The Business Continuity Manager will notify the City Council of the issue and continue to provide updates through all phases of the event.
2. Notification of Personnel Responsible for Recovery.
a. When a situation occurs that could result in interruption to major information processing systems on sites, the Infrastructure Manager must be immediately notified. b. Based on the evaluation by the Infrastructure Manager and resources needed to evaluate, isolate, and eventually restore the impacted infrastructure, the Business Continuity Manager will contact additional resources, including the City of Ripon’s consultant to assist. c. Other resources will be notified to assist with the functions of the Business Continuity Plan, as determined by the Business Continuity Manager.
3. Activate the designated hot site.
a. The responsibility for activating any of the designated hot sites or backup resources is delegated to the Infrastructure Manager. Within 24 hours of the occurrence the Infrastructure Manager, or designee, will determine the prognosis for recovery of the damaged data center or network infrastructure through consultation with the Consultant, as needed.
b. If the estimated occupancy or recovery of the damaged data center cannot be accomplished within 72 hours, the usual occupants of the backup site are notified of the intention to occupy their facility.
4. Disseminate Internal and External Information.
a. The Infrastructure Manager is responsible for relaying estimates and updates regarding the status of the recovery process to the Communications Manager (external communication) and HR Representative (internal communication).
b. The Communications Manager is responsible for directing all meetings and discussions with the news media and the public, and in conjunction with the IT Team, personnel not actively participating in the recovery operation.
1.4.C.a
Packet Pg. 204 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 7 c. The Communications Manager will notify the public and the media of the City of Ripon business functions that are impacted by the event and the duration of the expected outage. d. The HR Representative will communicate with the City Department Heads regarding the impacts to those various departments and any interim operating plans they will need to implement, based on the impacts from the event.
5. Emergency Phase
a. The emergency phase begins with the initial response to a disaster. During this phase, the existing emergency plans and procedures are implemented for direct efforts to protect life and property. Security over the area is established as local support services such as the Police and Fire Departments are enlisted through existing mechanisms. The Infrastructure Manager is alerted and begins to monitor the situation. b. If the emergency situation appears to affect critical facility or services, either through damage to data processing or support facilities, or if access to the facility is prohibited, the Infrastructure Manager will closely monitor the event, notifying the Business Continuity Team Members as required to assist in damage assessment. Once access to the facility is permitted, an assessment of the damage is made to determine the estimated length of the outage. If access to the facility is precluded, then the estimate includes the time until the effect of the disaster on the facility can be evaluated. c. If the estimated outage is less than 72 hours, recovery will be initiated under normal Information Systems operational recovery procedures. If the outage is estimated to be longer than 72 hours, then the Infrastructure Manager, activates the Business Continuity Team Members and notifies the Communications Manager and HR Representative that the Business Continuity Plan is activated. The recovery process then moves into the backup phase.
d. The Business Continuity Management Team remains active until the recovery is complete to ensure that the organization will be ready in the event the situation changes. e. The Infrastructure Manager is responsible for establishing voice and data communications between the affected site and the remainder of the City of Ripon departments. f. The Infrastructure Manager along with the appropriate team members will evaluate the initial status of the damaged functional area and estimates both the time to reoccupy the facility and the salvageability of the remaining equipment. g. Following the assessment of damage the Infrastructure Manager is responsible for salvaging equipment, data, and supplies following a disaster; identifying which resources remain; and determining their future utilization in rebuilding the data center and recovering from the disaster.
6. Backup Phase
a. The backup phase begins with the initiation of the appropriate Business Continuity Plan for outages lasting longer than 72 hours. In the initial stage of the backup phase, the goal is to resume processing critical applications. Processing will resume whether at the main data center or at the designated hot site, depending on the results of the assessment of damage to equipment and the physical structure of the building. b. In the backup phase, the initial hot site must support critical (Category I) applications for up to 4 weeks and as many Category II applications as resources and time permit. During this period, processing of these systems resumes, possibly in a degraded mode, up to the
1.4.C.a
Packet Pg. 205 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 8 capacity of the hot site. Within this 4-week period, the main data center will be returned to full operational status, if possible.
c. However, if the damaged area requires a longer period of reconstruction, then the second stage of back up commences. During the second stages, a shell facility is assembled and equipment installed to provide for processing all applications until a permanent site is ready.
7. Recovery Phase
a. The time required for recovery of the data center and the eventual restoration of normal processing depends on the damage caused by the disaster. The time frame for recovery can vary from several days to several months. In either case, the recovery process begins immediately after the disaster and takes place in parallel with backup operations as soon as possible.
b. The Business Continuity Manager will contact the carrier notifying them of the event and the City of Ripon submitting a claim.
c. The Physical Security Representative is to investigate the event and work with the City Attorney, as needed.
d. The Business Continuity Manager will assign the task of updating the Business Continuity Plan, and other related plans, with the lessons learned from the most recent event to the most appropriate team member(s).
1.4.C.a
Packet Pg. 206 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 9 Disaster Preparedness Plan
Disaster Preparedness is a constantly evolving field, and as such, the City of Ripon’s IT Team will continue to constantly re-evaluate the various systems and procedures in place to respond to a major adverse event. The section below provides an overview of the steps that the IT Team has or plans to put into place to maximize Disaster Preparedness.
1. Documentation
a. The City of Ripon’s IT Team maintains a database of constantly updated documents that detail the Information System Network in place at the City of Ripon. These documents consist of detailed network maps and copies of infrastructure configuration settings. b. In the event of a major adverse event, highly detailed network maps will assist with isolating any potential issues as well as assist in rebuilding the network.
2. Routine BackUp
a. The City of Ripon utilizes a robust backup system that completes a backup of all servers within the Data Center no more than every 24 hours.
b. Critical applications marked as Category I are routinely backed up on a schedule of no more than every 12 hours. Category I servers are also replicated, so that a working copy of the service can be brought up within minutes as long as the replication is available. c. Active databases are backed up separately, keeping a spare copy of the database available for restoration in the event of disaster.
3. Hot Spares
a. The City of Ripon stores hot spares of important infrastructure that can be put in place of non-functioning equipment in the event of a failure.
4. Training
a. The City of Ripon’s IT Team is continuously training and revising recovery strategies to ensure that the procedure put into place is best practice. In a major adverse event, the IT Team is prepared to react quickly to restore Category I systems and minimize downtime.
1.4.C.a
Packet Pg. 207 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) 10 Ransomware and Malicious Software Attack Plan
Instances of malicious software breaches are becoming more prevalent as businesses become more technology dependent, making cybersecurity an area on concern. The City of Ripon will continually reevaluate its network to find vulnerable areas that can be bolstered to prevent against Malicious Software Attacks (MSA).
The City of Ripon embraces a philosophy of data flexibility. In the event of an MSA, the data in use in the production environment can be thrown away and replaced with a backup copy of data with minimal data loss. This avoids payment for encrypted data by allowing compromised data to be wiped and replaced with clean copies taken from backups done no more than every 24 hours. These backup copies are monitored on a daily basis as well as checked with Cyclic Redundancy Checks (CRC) to avoid corruption of data.
The framework below provides an overview of the City of Ripon’s response to a Malicious Software Attack:
1. Isolation
a. In the event of a Malicious Software Attack (MSA) detection and isolation are crucial in limiting the amount of data lost and damage done to the network. The City of Ripon employs endpoint protection on all devices on the network to detect any intrusions. If an intrusion is detected, the IT Team will attempt to isolate the infected devices as much as possible. The City of Ripon is divided into three main networks, limiting the reach of any MSA that breaches the network.
2. Clean and Restore
a. After the threat of an MSA has been isolated and can no longer spread, the cleaning phase will begin. All infected devices will be wiped to factory defaults and scrubbed of data as much as possible before being subjected to a second round of testing. Once all infected data has been removed from the devices, they can be rebuilt from backups and placed back into circulation.
3. Monitoring
a. After an MSA has been addressed, the IT Team will continue to monitor the network affected for any changes or signs of reinfection.
4. Training
a. One of the most important aspects of preventing an MSA is the continuous training of end users. Many malicious software requires user action to infect a network. The most common forms come from phishing emails that deliver infected attachments, or through drive-by downloads acquired by visiting infected sites. The City of Ripon utilizes continuous training to educate end users on methods to identify and avoid phishing attempts or malicious code sent through attachments.
1.4.C.a
Packet Pg. 208 Attachment: City of Ripon Network Security Plan (3662 : Ripon Network Security Plan) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 12/13/2022
Subject: Designation of Surplus Equipment
RECOMMENDED ACTION:
Declare the listed City equipment be designated as surplus and authorize the equipment to be sold utilizing a local auction house or disposed of, in accordance with the Ripon Municipal Code Section 3.32.
BACKGROUND:
The City continually analyzes the functionality and use of equipment. At a point in each piece of equipment’s life cycle a determination must be made if the equipment is still useful and is cost effective to repair or upgrade.
When it is determined that an item has served its original purpose and no longer provides value to the City, designating the equipment as surplus allows the City to disburse or dispose of the equipment in the most equitable, efficient, and cost-effective manner to ensure maximum value is recovered from the item.
DISCUSSION/ANALYSIS:
The various departments within the City are requesting the following equipment be designated as surplus and allowed to be sold at auction:
1.4.D
Packet Pg. 209
POLICE DEPARTMENT
Vehicle License Number Vehicle Identification Number
VIPS Unit 21 E049097 1FMCA1146TZ359523
Training Unit 35 6TYY982 1FAFP42X4XF202635
Patrol Unit 45 1203467 2FAFP71WX4X1U7460
PUBLIC WORKS DEPARTMENT
Vehicle License Number Vehicle Identification Number
PWV13 GMC Sierra 2500 E092049 1GDGR24K4HJ528170
PWV15 Chevrolet Cheyenne 1500 E200229 1GCDC14HOJZ275024 PWV16 Chevrolet S-10 3313503 1GCBS14E8J8117326
PWV25 Athey Sweeper – M-90 E052145 1A9Y24DR9TR059114
PWV19 Volvo Garbage Truck E282526 4V2DAFAD4KU504532
PD47 Ford Crown Victoria 1155644 2FAFP71W64X107472
FISCAL IMPACT:
The revenue to the “General Capital – Department Fund” from the auction is expected to be less than $5,000.
1.4.D
Packet Pg. 210
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 12/13/2022
Subject: Harris & Associates Change Order
RECOMMENDED ACTION:
Approve the scope and fee for the Harris & Associates Change Order No. 1 in the amount of $27,820 for additional services to support the Fire District’s efforts of evaluating a Proposition 218 process to increase operating revenue.
BACKGROUND:
The City of Ripon residents and businesses are served by a number of important entities, including the Ripon Consolidated Fire District. The Fire District has communicated concerns regarding their fiscal challenges of staffing Station 3 and continuing ambulance service within its’ service boundary, which includes the City of Ripon.
The members of the Ripon City Council and Ripon Consolidated Fire District Two-by-Two Committee have met multiple times over the last year to discuss how best the City of Ripon can support the Fire District to ensure they are able to continue to provide the high level of service the residents and businesses of Ripon have appreciated for so many years.
The City of Ripon and the Fire District entered into a Memorandum of Understanding that defines the roles and responsibilities of each entity through the Fire District’s evaluation of moving forward with a Proposition 218 process to increase operating revenue. Additionally, the City Council approved a professional services agreement with Harris & Associates to provide the following services to support the Fire District through this process:
Evaluate the feasibility of adopting a fire suppression assessment Development of public outreach strategy using Lucy & Company Prepare Engineer’s Report to support the Proposition 218 study
1.4.E
Packet Pg. 211
DISCUSSION:
Harris & Associates along with their public outreach subconsultant Lucy & Company have completed the first two elements of the initial scope of work summarized above. The results of this work were recently presented to the Two-by-Two Committee along with the following recommendations:
Fire District to complete a staffing analysis as a separate report or amend the Fire District strategic plan to include the staffing analysis.
Fire District to conduct community presentations and stakeholder outreach to review the staffing analysis and receive input.
Conduct a survey to obtain data regarding community opinions of staffing levels and associated cost that are supported by the community.
The Two-by-Two Committee requested that Harris & Associates provide an amendment to their original scope and fee to support the Fire District in these efforts (see attached). The additional cost for this work is $27,820, which would be split 50/50 between the City of Ripon ($13,910) and the Fire District ($13,910).
FISCAL IMPACT:
Based on the Memorandum of Understanding, the City of Ripon would be responsible to fund $13,910 of Change Order No. 1. Below is a summary of the overall cost to date:
Fee City of Ripon Share Fire District Share
Original Scope $118,080 $59,040 $59,040
Change Order No. 1 $27,820 $13,910 $13,910
Total $145,900 $72,950 $72,950
The City of Ripon’s share of the expenses will be paid through the City’s General Fund.
Attachments:
1. Ripon Amendment No. 1
1.4.E
Packet Pg. 212
October 28, 2022
Kevin Werner
City Administrator
City of Ripon
AMENDMENT REQUEST: RIPON CONSOLIDATED FIRE DISTRICT FORMATION Kevin,
Per our conversation, and after meetings with the 2 X 2 committee concerning the proposed formation of a fire suppression assessment district for the Ripon Consolidated Fire District (the “Fire District”), below is a request for an amendment to the fees, to include additional tasks related to the public outreach portion of the project. The Additional Scope of Services details the additional tasks, with the corresponding fees shown under Proposed Fees.
Task 1: Review Staffing Analysis
Review and provide comments and feedback on staffing analysis provided by the Fire District. This task will include developing and delivering assessment rates based on differing levels of staffing and corresponding costs. Additionally, the costs provided by the Fire District will be allocated between fire suppression services and EMS services, so that only fire suppression costs are included in the assessment.
Harris will provide a summary of the costs allocated between fire suppression and EMS services (special and general benefit).
Task 2: Community Meetings
Harris will attend up to two (2) community meetings with Fire District and City staff, along with representatives of Lucy & Co., to answer questions from property owners. The presentations will be prepared by Lucy & Co. with input from Harris, the City and the Fire District.
Task 3: Develop “Frequently Asked Questions” (“FAQ”)
Working with Lucy & Co, and City and Fire District staff, Harris will assist in developing an FAQ list relevant to the proposed assessment amounts and level of service options.
Task 4: Develop and Conduct Multi-Mode Survey
Working with Lucy & Co., MMS will develop and conduct a survey to garner feedback from the public regarding the options presented. Specific survey tasks:
ADDITIONAL SCOPE OF SERVICES
1.4.E.a
Packet Pg. 213 Attachment: Ripon Amendment No. 1 (3625 : Harris & Associates Change Order) Phone and email
Registered voters
Statistically significant sampling
Mostly quantitative questions, two-three open ended
Statistical reporting, cross tabbing and charts/graphs Interpretation and recommendations
Task 4 is $14,000 for MMS fees, with the additional $990 for Harris to review and comment.
This amendment will bring the total project budget to $145,900, as shown below.
Budget Update
Original Contract $118,080.00
Amendment #1 $27,820.00
Updated Total Budget $145,900.00
We appreciate and look forward to the opportunity to continue working with the City of Ripon and the Fire District. Please feel free to contact us if you have any questions.
Sincerely,
Harris & Associates, Inc.
Alison Bouley, PE
Vice President, Municipal + District Finance
(949) 536-2513
[email protected]
Rick Clark
Project Manager, Municipal + District Finance
(949) 536-2526
[email protected]
$300/hr $195/hr $200/hr
Hours Hours Hours
Fire Suppression District Formation Project
Task 1. Review Staffing Analysis & Separate Fire vs. EMS Costs 6 10 16 $ 3,750.00 Task 2. Community Meetings (up to 2) 10 10 20 $ 4,950.00 Task 3. Develop FAQ's, working w/Lucy, City and Fire Dist. 4 4 8 $ 1,980.00 Task 4. Develop, Send and Report on Survey Results (MMS) 2 2 70 4 $ 14,990.00 Total: 22 26 70 48 $ 25,670.00
Reimbursable Expenses (Travel - assumes two meetings): $ 2,150.00 Fee per Staff: $ 6,600.00 $ 5,070.00 $ 14,000.00 $ 27,820.00 Total
Estimated
Fee
Total
Estimated
Hours
Lucy &
Co./MMS
Senior
Consultant
Project
Manager
PROPOSED FEES
1.4.E.a
Packet Pg. 214 Attachment: Ripon Amendment No. 1 (3625 : Harris & Associates Change Order) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 12/13/2022
Subject: General Services Agreement - Keesey Design
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the agreement with Keesey Design, to explore site development concepts for potential townhomes at 122 N. Elm Avenue in the not to exceed amount of $13,200 (funding source: City of Ripon's affordable housing fund).
BACKGROUND:
Staff has been exploring different ideas and opportunities for some underutilized City owned property adjacent to the Downtown District (122 N Elm Avenue). The property is currently zoned R4 (Multiple Family Residential) and staff believes the best use for the property would be to construct townhouses that would complement the Downtown District. In order to explore site development concepts for a potential townhouse project, staff believes it would be best to engage the services of a professional design service.
DISCUSSION/ANALYSIS:
City staff has requested a scope and fee from Keesey Design to provide site development concepts for a potential townhouse project at this location. The design services will be conducted in 2 phases. Phase 1 will explore site layout options to include concept drawings depicting number of units, showing setbacks and site features, including floor plan design drawings. Phase 2 will include elevation designs for a potential project to include materials and color choices. If a design is approved, construction drawings would need to be drawn up for the project and the project would need to be bid out for construction.
FISCAL IMPACT:
The entire cost of services with Keesey Design will be reimbursed by the City’s affordable housing fund (current balance: $1.8 million).
Attachments:
1.4.F
Packet Pg. 215
1. General Services Agreement for 122 N. Elm Avenue Townhouse Concept Project
1.4.F
Packet Pg. 216
GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
KEESEY DESIGN
(122 N. ELM AVENUE TOWNHOUSE CONCEPT PROJECT)
This Agreement for General Services (“Agreement”) is entered into on December 13, 2022, (the “Effective Date”) between the City of Ripon (“City”) and Keesey Design (“Consultant”), (together sometimes referred to as the “Parties”).
Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Work attached hereto as Exhibit “A”. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work,, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.
1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.
1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.
Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount NOT TO EXCEED THIRTEEN THOUSAND TWO HUNDRED Dollars ($13,200.00) for all work described in the “Scope of Work” within the Proposal set forth in Exhibit “A” and made a part of this Agreement.
2.1 Invoices. Consultant shall submit invoices once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.
1.4.F.a
Packet Pg. 217 Attachment: General Services Agreement for 122 N. Elm Avenue Townhouse Concept Project (3648 : General Services Agreement - Keesey
General Services Agreement between
CITY OF RIPON and KEESEY DESIGN Page 2 of 7
2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.
3.1 Workers’ Compensation. If Consultant employs any person, Consultant shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident.
3.2 Commercial General and Automobile Liability Insurance. Consultant shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. At the sole option of the City, the City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City.
3.3 All Policies Requirements.
3.3.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 4
3.3.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.
1.4.F.a
Packet Pg. 218 Attachment: General Services Agreement for 122 N. Elm Avenue Townhouse Concept Project (3648 : General Services Agreement - Keesey
General Services Agreement between
CITY OF RIPON and KEESEY DESIGN Page 3 of 7
Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
4.1 Consultant shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the Consultant. Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liabilities”). Such obligations to defend, hold harmless and indemnity the City shall not apply to the extent that such Liabilities are caused by the sole negligence, recklessness, or willful misconduct of the City.
Section 5. STATUS OF CONSULTANT.
5.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Section 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.
6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.
6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for
1.4.F.a
Packet Pg. 219 Attachment: General Services Agreement for 122 N. Elm Avenue Townhouse Concept Project (3648 : General Services Agreement - Keesey
General Services Agreement between
CITY OF RIPON and KEESEY DESIGN Page 4 of 7
holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.
Section 7. MODIFICATION.
7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.
7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
7.4.1 Immediately terminate the Agreement;
7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;
7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or
7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in Exhibit "A", if any, for material breach of contract by Consultant. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to
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Packet Pg. 220 Attachment: General Services Agreement for 122 N. Elm Avenue Townhouse Concept Project (3648 : General Services Agreement - Keesey
General Services Agreement between
CITY OF RIPON and KEESEY DESIGN Page 5 of 7
reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).
Section 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.
8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.
Section 9 MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
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General Services Agreement between
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9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Contract Administration. This Agreement shall be administered by Ken Zuidervaart, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.
9.6 Notices. Any written notice to Consultant shall be sent to:
Keesey Design
1125 E. Main Street
Turlock, CA 95380
Any written notice to the City shall be sent to:
Ken Zuidervaart
Community Development Director
259 N. Wilma Avenue
Ripon, CA. 95366
9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.
9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not
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Packet Pg. 222 Attachment: General Services Agreement for 122 N. Elm Avenue Townhouse Concept Project (3648 : General Services Agreement - Keesey
General Services Agreement between
CITY OF RIPON and KEESEY DESIGN Page 7 of 7
intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
____________________________ ______________________________ Michael Restuccia, Mayor John Keesey, Keesey Design
Attest:
__________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney
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Packet Pg. 224 Attachment: General Services Agreement for 122 N. Elm Avenue Townhouse Concept Project (3648 : General Services Agreement - Keesey City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 12/13/2022
Subject: Website Update - CivicPlus
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the agreements with CivicPlus for two modules CivicEngage and CivicOptimize in the not to exceed amount of $136,652 to be paid over a fiveyear period (funding source: General Fund).
BACKGROUND:
The City of Ripon website was created in 1998 by City staff and updated in 2015 by an outside contractor. Staff is recommending the City Council consider contracting with an outside contractor once again to update the City’s website.
DISCUSSION/ANALYSIS:
Staff has researched other municipal websites and developed the following goals for the 2023 update of the City of Ripon website:
1. Allow residents and businesses to use website as a “virtual city hall”.
During the COVID-19 pandemic, individuals were forced to conduct much more of their business electronically than what they may have been accustomed to in the past. Prior to the pandemic, 28% of all website traffic was conducted using a mobile device. As of August 2022, this number has increased to 59%. The proposed website update will provide more intuitive and user-friendly options for residents and businesses to pay utility bills online, reserve rental facilities, sign up for recreation activities, and apply for building permits.
2. Primary source for communication with the community from any device.
Everyone gets information from their own preferred sources, which can include anything from a newspaper to their favorite social media site. Rather than trying to distribute information to the various newspapers and social media applications, the City of Ripon would use the website as the primary source of communication with the community. This
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will allow residents and businesses to easily find needed information from their mobile devices or home computers. Additionally, it will allow for consistent information to be relayed to the other sources of information, such as the newspaper and social media sites.
Staff will use the new website to publish informational newsletters to keep the public informed of important news and upcoming events (e.g., recreation sign ups, watering schedules, recycling schedule, etc). In addition to newsletters, the website will be updated with a responsive design allowing the website to automatically adapt to all devices, platforms and screen sizes.
3. Single process for individuals to report an issue and efficiently transmit to the appropriate department while communicating the status to the individual reporting the issue.
A focus of the City has been to resolve issues such as uneven sidewalks, graffiti, potholes, streetlights not working, and other similar issues that impact residents’ quality of life as quickly as possible. By using the website to allow individuals to report these types of issues in the community, it will allow for a faster response by staff to address these issues. The website will also be used to generate automatic status updates to the person reporting the issue so they are aware staff is working to address the issue and ultimately be notified when the issue is resolved.
4. Website must be user-friendly.
In order for a virtual City Hall to be successful as the first place residents go for information, it needs to be easy to use. The current website is difficult to navigate and find necessary forms and documents without knowing the specific department or form name. This forces the user to have to click through multiple pages to find the information they are seeking, which becomes frustrating. This update will provide a Document Center with a predictable and intuitive search bar, allowing residents to search for key words in documents.
Based on these goals, Staff has interviewed three outside contractors to update the City website and recommend the City Council approve and authorize the Mayor to sign the contracts with CivicPlus for two modules CivicEngage and CivicOptimize.
The first year costs of CivicEnage and CivicOptimize are $30,806 and $11,045, respectively.
Staff was able to secure a $20,000 discount off the first year and start-up costs. The contract is for five years with the cost going up 3% (reduced from 5%) on an annual basis. Below is a table summarizing the five-year cost.
Year 1 Year 2 Year 3 Year 4 Year 5 Totals
CivicEngage $30,806 $8,100 $8,343 $8,593 $8,851 $64,693 CivicOptimize $11,045 $14,890 $14,890 $15,337 $15,797 $71,959 $41,851 $22,990 $23,233 $23,930 $24,648 $136,652
Once the contract is approved, it is anticipated the new website will take four to six months to create and be ready for public use.
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FISCAL IMPACT:
The new website is composed of two modules through CivicPlus: CivicEngage and CivicOptimize. The first-year costs of CivicEngage and CivicOptimize are $30,806 and $11,045 respectively. The total cost over the 5-year period is $136,652, which would be funded through the General Fund.
Attachments:
1. CivicPlus Contracts
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CivicEnage
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Packet Pg. 231 Attachment: CivicPlus Contracts (3633 : Website Update - CivicPlus) CivicEnage
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Packet Pg. 232 Attachment: CivicPlus Contracts (3633 : Website Update - CivicPlus) CivicOptimize
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Packet Pg. 233 Attachment: CivicPlus Contracts (3633 : Website Update - CivicPlus) CivicOptimize
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Packet Pg. 234 Attachment: CivicPlus Contracts (3633 : Website Update - CivicPlus) CivicOptimize
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Packet Pg. 235 Attachment: CivicPlus Contracts (3633 : Website Update - CivicPlus) CivicOptimize
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Packet Pg. 236 Attachment: CivicPlus Contracts (3633 : Website Update - CivicPlus) CivicOptimize
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Packet Pg. 237 Attachment: CivicPlus Contracts (3633 : Website Update - CivicPlus) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 12/13/2022
Subject: Assignment and Assumption Agreement - Natural Path RECOMMENDED ACTION:
Consent to the Assignment and Assumption Agreement allowing Holistic Synergy, LLC to assume the lease of 303 and 307 W. Main Street (Natural Path Wellness Center) and authorize the Mayor to sign the acknowledgement and acceptance by the City.
BACKGROUND:
The City of Ripon owns the buildings located at 303 and 307 W. Main Street and currently leases the properties to Natural Path Wellness. The original lease for 303 W. Main Street was signed in 2012 and amended in March 2017 to assume the building located at 307 W. Main Street and amended again in December 2018 to provide for façade improvements that were needed. The current lease expires on August 31, 2023.
DISCUSSION:
Jennifer Komatsu, the Owner of Natural Path Wellness Center, LLC, has requested the City of Ripon consent to assign the lease to Holistic Synergy, LLC, which is owned by Belinda Williamson. The terms of the original lease and amendments would be conveyed to the new lessee the lease is being assigned and would be effective as of December 15, 2022.
The new lessee is planning to continue operating the Natural Path Wellness Center and is in the process of completing all necessary permits required by the Ripon Municipal Code.
FISCAL IMPACT:
There is no fiscal impact.
Attachments:
1. Assignment and Assumption of 303 and 307 Main St Lease
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path)
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Attachment: Assignment and Assumption of 303 and 307 Main St Lease (3654 : Assignment and Assumption Agreement - Natural Path) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 12/13/2022
Subject: Annual AB1600 Report - PFFP Capital Funds
RECOMMENDED ACTION:
Approve the annual PFFP Report for the period ending June 30, 2022.
BACKGROUND:
The City utilizes a number of funds to track revenue and expenses used to conduct the business of the various City departments. These funds are classified by three categories - “Operating Funds”, “Capital Funds”, and “Restricted Funds”. Attached is a figure showing each of these fund categories along with the breakdown of the different funds within each of these categories.
The Capital Fund category includes three sub-categories, as described below:
General Capital Funds – At the City Council’s discretion, funds are transferred from the General Fund to be used for capital projects/purchases or to reserves. Enterprise Capital Funds – By resolution, revenue from the designated operating fund (e.g., Water Operating Fund) are transferred to the designated enterprise capital fund (e.g., Water) for equipment and infrastructure replacement. PFFP Capital Funds – The various Public Facilities Financing Plan (PFFP) Capital Funds track revenue and expenses for the different designated fund categories. The revenue is from development and restricted to fund infrastructure needed to support growth.
By law, we are required to report upon our PFFP Capital Funds, which are also referred to as AB1600 Fees. The attached Public Facility Financing Plan Annual Progress Report (“PFFP Report”) has been prepared in accordance with the requirements of California Government Code Section 66000.
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DISCUSSION/ANALYSIS:
The Fund Balances Summary as of June 30, 2022 has been attached for your reference along with the PFFP Report for the Fiscal Year Ending June 30, 2022.
There are few items to be noted for this PFFP Report:
1. There are certain PFFP capital funds with negative balances. This was mostly related to advancing construction of the City Hall and Library buildings to the size necessary to accommodate buildout of the General Plan. These negative balances continue to be tracked and these accounts are charged interest that is, in turn, applied to the capital accounts with positive balances.
In early 2021, Goodwin Consulting evaluated the funds with negative balances (City Hall, Library and Refuse) to determine if an adjustment was necessary to the AB1600 fee to ensure the City is collecting sufficient revenue from future development. No increases were proposed at that time. Goodwin’s analysis noted that based upon a residential growth rate of 1.5%, which is a long-term average, the City Hall Fund deficit would be eliminated in 2047, Library Fund in 2032 and Refuse Fund in the next five years.
2. An increase to the Corporation Yard fee was approved by the City Council in July 2021 based upon the Corporation Yard Master Plan and financial analysis that distributed financial responsibility between existing and future development. This increase was effective in September 2021.
FISCAL IMPACT:
None.
Attachments:
1. Budget Category Reporting Summary
2. Fund Balances 2022.06.30
3. 21-22 PFFP Report
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Budget Category Reporting Summary 2.A.a
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Attachment: Budget Category Reporting Summary (3646 : Annual AB1600 Report - PFFP Capital Funds) Fund Description
Beginning Balance
7/1/2021 YTD Income YTD Expenditures YTD Transfers
Ending Balance
6/30/2022
OPERATING FUNDS
General Funds
General Fund 5,215,340.02 $15,220,108.59 (13,697,018.36) ($237,245.49) 6,501,184.76 Sick Leave Contingency 353,947.24 $1,599.80 $0.00 $0.00 355,547.04 PERS Contingency 972,997.66 $4,830.02 $0.00 $157,568.97 1,135,396.65 Healthcare Contingency 208,135.65 $889.20 $0.00 $0.00 209,024.85 Liability SIR Contingency 624,406.97 $2,667.60 $0.00 $0.00 627,074.57 Litigation/Natural Disaster Contingency 505,514.03 $1,970,472.94 $0.00 $0.00 2,475,986.97 Asset/Liability adjustments 46,075.42 $54,342.88 $0.00 $0.00 100,418.30 Street & Road Funds
Street & Roads $2,934,729.30 $4,954,583.01 ($4,499,881.92) $0.00 $3,389,430.39 Street & Road Reserve 2,451,594.00 $9,790.26 $0.00 $0.00 2,461,384.26 Transit funds $22,504.86 $55,449.05 ($55,926.28) $0.00 $22,027.63 Enterprise Operating Funds
Water Operating 926,513.59 $3,816,116.28 ($2,509,104.61) ($1,307,011.67) 926,513.59 Sewer Operating 763,708.89 $1,927,363.07 ($1,335,462.69) ($645,000.00) 710,609.27 Garbage Operating 211,230.50 $2,403,992.23 ($2,309,684.88) ($94,307.35) 211,230.50 $ 15,236,698.13 $ 30,422,204.93 $ (24,407,078.74) $ (2,125,995.54) $ 19,125,828.78 CAPITAL FUNDS
General Capital Funds
Parks & Recreation 930,684.27 $89,359.57 ($138,615.05) $0.00 881,428.79 Jack Tone Golf Course Capital Reserve 401,758.25 $71,223.18 $0.00 $0.00 472,981.43 CNG Station Capital Reserve 202,066.30 $1,458.00 ($23,419.80) $15,878.35 195,982.85 Department Funds $1,547,067.66 $90,677.73 ($578,131.14) $0.00 $1,059,614.25 Underground Utilties $10,124.77 $73.05 $0.00 $0.00 $10,197.82 Mitigation Fees 7,922,809.43 $115,633.92 $0.00 $0.00 8,038,443.35 Enterprise Capital Funds
Water Enterprise Capital 7,368,413.00 $242,091.98 ($1,684,122.19) $1,307,011.67 7,233,394.46 Sewer Enterprise Capital 1,875,485.96 $11,340.61 ($554,123.94) $355,000.00 1,687,702.63 Sewer WWTP Reserve 864,884.96 $6,240.53 $0.00 $290,000.00 1,161,125.49 Garbage Enterprise Capital 988,842.10 $12,323.62 ($28,338.21) $94,307.35 1,067,134.86 Storm Drain Enterprise Capital 465,228.99 $3,130.12 ($97,336.81) $0.00 371,022.30 PFFP Capital Funds
Water 2,639,213.83 $155,147.46 $0.00 $0.00 2,794,361.29 SSJID Connection Reserve 774,052.44 $44,332.20 $0.00 $0.00 818,384.64 Garbage (668,185.11) $14,395.27 ($9,816.51) $0.00 (663,606.35) Wastewater 5,133,140.77 $247,327.76 $0.00 $0.00 5,380,468.53 Storm Drainage 2,167,143.66 $112,916.05 $0.00 $0.00 2,280,059.71 Transportation $717,616.41 $507,310.99 $0.00 $0.00 $1,224,927.40 Regional Transportation Impact Fee $1,246,219.84 $64,461.10 $0.00 $0.00 $1,310,680.94 Parks & Recreation $1,107,552.14 $95,244.05 $0.00 $0.00 $1,202,796.19 Parks & Recreation loan repayment funds 545,049.46 ($5,526.82) $0.00 539,522.64 Police ($1,198,258.28) $9,371.56 ($8,632.14) $0.00 ($1,197,518.86) City Hall (3,786,867.64) $19,611.53 ($27,295.88) $0.00 (3,794,551.99) Corporation Yard 589,479.31 $31,138.98 ($175,554.85) $0.00 445,063.44 Library (605,307.31) $2,539.69 ($4,364.90) $0.00 (607,132.52) $ 31,238,215.21 $ 1,941,822.13 $ (3,329,751.42) $ 2,062,197.37 $ 31,912,483.29 RESTRICTED FUNDS
Special Revenue/Restricted Funds
Benefit Assessment Districts 278,846.70 $161,937.54 $0.00 $0.00 440,784.24 NPSP Assessment District 802,039.47 $5,787.08 $0.00 $0.00 807,826.55 Landscape & Lighting Districts 206,850.55 $443,558.52 ($464,954.41) $63,798.17 249,252.83 Redevelopment ‐ Housing $4,124,336.69 $971,260.70 $0.00 $0.00 $5,095,597.39 Redevelopment ‐ City $1,718,980.83 $12,403.24 $0.00 $0.00 $1,731,384.07 Redevelopment ‐ State $1,231,349.62 $785,744.85 ($1,132,279.69) $0.00 $884,814.78 Housing Fund 1,467,634.54 $283,758.16 $52,446.85 $0.00 1,803,839.55 CDBG 0.00 $35,836.96 ($35,836.96) $0.00 ‐ $ 9,830,038.40 $ 2,700,287.05 $ (1,580,624.21) $ 63,798.17 $ 11,013,499.41 GRAND TOTAL $ 56,304,951.74 $ 35,064,314.11 $ (29,317,454.37) $ 0.00 $ 62,051,811.48 Bank Accounts‐Balances 5/31/2022 Bank Accounts
B of Stkn ‐Gen 2,367,206.40 B of Stkn ‐Gen 26,441.41 Petty Cash Petty Cash 700.00 700.00 Police ‐ petty cash Police ‐ petty cash 400.00 400.00 Petty Cash ‐ A/C Petty Cash ‐ A/C 200.00 200.00 B of Stkn.‐PR B of Stkn.‐PR 5,999.99 6,000.00 B of Stkn.‐Rec 18,376.80 B of Stkn.‐Rec 36,192.43 B of Stkn.‐PD Voucher Pr B of Stkn.‐PD Voucher Pr 1,984.40 o 1,984.40 B of America‐Prkg Cit. 11,345.88 B of America‐Prkg Cit. 14,757.88 LAIF 32,519,941.09 LAIF 35,519,941.09 Bk of New York 26,364,893.84 Bk of New York 26,445,097.53 Redev. Debt ‐ 2020 Redev. Debt ‐ 2020 0.45 0.50 Water Bonds‐2006 Water Bonds‐2006 94.06 94.11 Water Bonds‐2012 Water Bonds‐2012 2.13 2.13 BANK TOTALS 61,291,145.04 $ BANK TOTALS 62,051,811.48 $ TOTAL RESTRICTED FUNDS
CITY OF RIPON
FUND BALANCES SUMMARY
TOTAL CAPITAL FUNDS
TOTAL OPERATING FUNDS
2021‐2022
June‐22 FINAL
C:\Users\lroos\Documents\Month End\06.2022\11. cash June 2022 FINAL.xls - Summary Fund Balances 2022.06.30
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Packet Pg. 268 Attachment: Fund Balances 2022.06.30 (3646 : Annual AB1600 Report - PFFP Capital Funds)
CITY OF RIPON
REPORT
July 1, 2021 - June 30, 2022
PUBLIC FACILITY FINANCING
PLAN ANNUAL PROGRESS
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Packet Pg. 269 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) Page
Summary 1-2
Corporation Yard Fee 3-4
Library Fee 5
Parks Fee 6
Police Fee 7
City Hall Fee 8
Refuse Fee 9-10
Storm Drain Fee 11
Transportation Fee 12
Wastewater Fee 13
Water Fee 14
TABLE OF CONTENTS
21-22 PFFP Report.xls
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Packet Pg. 270 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds)
CITY OF RIPON
PUBLIC FACILITY FINANCING PLAN ANNUAL PROGRESS REPORT
“PFFP REPORT”
2021‐2022
SUMMARY:
Public Facilities Fees are charged by local government agencies in connection with approval of development projects. The purpose of these fees is to defray all or a portion of the cost of public facilities related to the development project. The fees imposed on new development are based on the Public Facility Financing Plan Fee Justification Study for the City of Ripon report that includes a detailed study of the impacts of future growth on local facilities. This report was updated by Goodwin Consulting Group on March 1, 2017 and adopted by the City Council on March 14, 2017. In 2021, Goodwin Consulting Group reanalyzed the negative account balances and made proposals to the City Council for any increases they deemed necessary. The only increase proposed at that time was to the Corp Yard fee, which was increased and approved by the City Council in June 2021.
A separate fund for each fee category has been established to account for the revenue collected and the expenses incurred related to each category. A description of each of these fees is noted below:
Corp Yard Fee ‐ This fee is charged to pay for necessary facilities at the corporation yard that are needed to support new growth.
Library Fee ‐ This fee is charged to pay for expansion and improvements to the library that are needed to support new growth.
Parks Fee ‐ This fee is charged so that the parks system can be expanded or improved as new growth is added to the city.
Police Fee ‐ This fee is charged to pay for needed expansion to the police station as needed to support new growth.
City Hall Fee ‐ This fee is charged to pay for needed expansion to city hall as needed to support new growth.
Refuse Fee ‐ This fee is charged to purchase new equipment necessary to support new growth. Storm Drain Fee ‐ This fee is charged to provide for facilities necessary to handle storm water runoff to support new growth.
Transportation Fee ‐ This fee is charged to provide for necessary improvements to the transportation system that are needed to support new growth. Wastewater Fee ‐ This fee is charged to provide for expansion of the sewer system to support new growth.
Water Fee ‐ This fee is charged to pay for expansion of the water system that is necessary to support new growth.
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Packet Pg. 271 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds)
State law (adopted as 1987’s AB1600 and commonly referred to as “AB1600 requirements”) requires any local agency that imposes development impact fees to prepare an annual report providing specific information about those fees. State law requires the City prepare and make available to the public the PFFP report within 180 days after the last day of each fiscal year. The City Council must review the annual report at a regularly scheduled public meeting not less than fifteen days after the information is made available to the public.
According to the law, the City is required to report the following items:
A. A description of the fee
B. The amount of the fee
C. The beginning and ending balance of each account
D. The amount of the fees collected and the interest earned E. An identification of each public improvement of which fees were expended and the amount of the expenditures of each improvement, including the total percentage of the cost of the public improvement that was funded with fees.
F. An identification of an approximate date by which the construction of the public improvement will commence if the City determines that sufficient funds have been collected.
G. A description of each interfund transfer or loan made H. The amount of refunds made.
CONCLUSION:
In accordance with the provisions of the California Government Code, I hereby submit the Public Facilities Financing Plan Annual Progress Report (“PFFP Report”) for fiscal year ended June 30, 2022.
This report provides the information required by Government Code Section 66006(b)(1). It is being submitted to the City of Ripon City Council for review at a public meeting on December 13, 2022. The report was available to the public at least 15 days prior to the meeting.
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Packet Pg. 272 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to pay for necessary facilities at the corporation yard that are needed to support new growth. (B) THE AMOUNT OF THE FEE.
Single Multi- Light Heavy
Family Family Commercial Office Industrial Industrial Warehouse Year (Per Unit) (Per Unit) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) 2021 $1,660.79 $1,038.27 $0.09 $0.09 $0.09 $0.03 $0.03
2022 $3,526.59 $2,001.92 $0.19 $0.19 $0.19 $0.08 $0.06
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2021, there was a beginning balance for this account in the amount of $589,479.31. There was an ending balance as of June 2022 in the amount of $445,063.44.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $27,429.83 and interest earned was $3,709.15. Net change to the fund was $31,138.98 before expenditures.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED AND
THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES. 2021/2022 % of Total Project
Project Title Expenditures Fee-Funded
Corporation Yard, Phase 1 Design $175,554.85 60%
(F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
Expected of
Project Title Start Date Completion Date
Corporation Yard, Phase 1 Design 01/01/20 11/30/22
CORPORATION YARD FEE
2021-2022
PFFP REPORT
CITY OF RIPON
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Packet Pg. 273 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
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Packet Pg. 274 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to pay for expansion and improvements to the library that are needed to support new growth. (B) THE AMOUNT OF THE FEE.
Single Family Multi-Family
Year (Per Unit) (Per Unit)
2021 $520.79 $325.08
2022 $573.40 $357.92
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2021, there was a beginning balance for this account in the amount of [$605,307.31] and an ending balance as of June 2022 in the amount of [$607,132.52].1
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $2,539.69.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
Interest of $4,364.90 was expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code. 1 CITY OF RIPON
2021-2022
LIBRARY FEE
The Update of the AB1600 Fee Justification Study completed by Goodwin Consulting Group in March 2017 addressed the existing deficiency in this account and noted that by the build out of the City’s planning area, sufficient funds will be collected to reimburse this account. This negative balance was reevaluated in 2021 with no proposed adjustment to the fee.
PFFP REPORT
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Packet Pg. 275 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged so that the parks system can be expanded and improved as new growth is added to the city. (B) THE AMOUNT OF THE FEE.
Single MultiFamily Family
Year (Per Unit) (Per Unit)
2021 $15,935.66 $9,960.34
2022 $17,545.16 $10,966.33
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2021, there was a beginning balance for this account in the amount of $1,104,351.35 and an ending balance as of June 2022 in the amount of $1,202,796.19.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $77,711.60 and interest earned was $20,733.24. Net change to the fund was $98,444.84 before expenditures.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED AND
THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No improvements were made for the current year.
(F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF RIPON
PFFP REPORT
2021-2022
PARKS FEE
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Packet Pg. 276 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to pay for needed expansions to the Police Station as needed to support new growth. (B) THE AMOUNT OF THE FEE.
Single Multi- Light Heavy
Family Family Commercial Office Industrial Industrial Warehouse Year (Per Unit) (Per Unit) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) 2021 $600.41 $377.05 $0.03 $0.03 $0.03 $0.01 $0.01
2022 $661.05 $415.13 $0.04 $0.04 $0.04 $0.01 $0.01
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In prior reports Police/City Hall fees were combined. In fiscal year ending June 30, 2021, these have been separated. In July 2021, beginning balance for Police account was in the amount of [$1,198,258.28] and an ending balance as of June 2022 in the amount of [$1,197,518.86]. 1
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $9,371.56.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
Interest of $8,632.14 was expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code. 1 The Update of the AB1600 Fee Justification Study completed by Goodwin Consulting Group in March 2017 addressed the existing deficiency in this account and noted that by the build out of the City’s planning area, sufficient funds will be collected to reimburse this account. This negative balance was reevaluated in 2021 with no proposed adjustment to the fee.
POLICE
CITY OF RIPON
PFFP REPORT
2021-2022
POLICE FEE
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Packet Pg. 277 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to pay for needed expansions to City Hall as needed to support new growth. (B) THE AMOUNT OF THE FEE.
Single Multi- Light Heavy
Family Family Commercial Office Industrial Industrial Warehouse Year (Per Unit) (Per Unit) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) 2021 $1,279.32 $799.44 $0.07 $0.07 $0.07 $0.02 $0.02
2022 $1,408.53 $880.18 $0.07 $0.07 $0.07 $0.02 $0.02
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In prior reports Police/City Hall fees were combined. In fiscal year ending June 30, 2021, these have been separated. In July 2021, beginning balance for City Hall account was in the amount of [$3,786,867.64] and an ending balance as of June 2022 in the amount of [$3,794,551.99]. 1
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $19,611.53.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
Interest of $27,295.88 was expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code. 1 The Update of the AB1600 Fee Justification Study completed by Goodwin Consulting Group in March 2017 addressed the existing deficiency in this account and noted that by the build out of the City’s planning area, sufficient funds will be collected to reimburse this account. This negative balance was reevaluated in 2021 with no proposed adjustment to the fee.
CITY OF RIPON
PFFP REPORT
2021-2022
CITY HALL FEE
CITY HALL
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Packet Pg. 278 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to purchase new equipment necessary to support new growth.
(B) THE AMOUNT OF THE FEE.
Single Multi- Light Heavy
Family Family Commercial Office Industrial Industrial Warehouse Year (Per Unit) (Per Unit) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) 2021 $818.05 Based on Usage Based on Usage Based on Usage Based on Usage Based on Usage Based on Usage 2022 $900.67 Based on Usage Based on Usage Based on Usage Based on Usage Based on Usage Based on Usage (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2021, there was a beginning balance for this account in the amount of [$668,185.11] and there was an ending balance as of June 2022 in the amount of [$663,606.35]. 1
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $14,395.27.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED AND
THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
Interest of $4,815.65 was expended from this fund for the current year in addition to the following:
2021/2022 % of Total Project
Project Title Expenditures Fee-Funded
$5,000.86 100%
(F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
Expected of
Project Title Start Date Completion Date
Rotational Molding - 62 Garb. Cans 07/01/21 06/30/22
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund.
CITY OF RIPON
PFFP REPORT
2021-2022
REFUSE FEE
Rotational Molding - 62 Garb. Cans
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Packet Pg. 279 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code. 1 The Update of the AB1600 Fee Justification Study completed by Goodwin Consulting Group in March 2017 addressed the existing deficiency in this account and noted that by the build out of the City’s planning area, sufficient funds will have been collected to reimburse this account. This negative balance were reevaluated in 2021 with no proposed adjustment to the fee.
2.A.c
Packet Pg. 280 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for facilities necessary to handle storm water run-off to support new growth. (B) THE AMOUNT OF THE FEE.
Single Multi- Light Heavy
Family Family Commercial Office Industrial Industrial Warehouse Year (Per Unit) (Per Unit) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) 2021 $2,795.26 $640.21 $0.40 $0.40 $0.40 $0.49 $0.49
2022 $3,077.59 $704.87 $0.44 $0.44 $0.44 $0.54 $0.54
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2021, there was a beginning balance for this account in the amount of $2,167,143.66 and an ending balance as of June 2022 in the amount of $2,280,059.71. The fund balance in this account will accrue to pay for future projects.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $97,125.94 and interest earned was $15,790.11. Net change to the fund was $112,916.05 before expenditures.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED AND
THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF RIPON
PFFP REPORT
2021-2022
STORM DRAIN FEE
2.A.c
Packet Pg. 281 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for necessary improvements to the transportation system that are needed to support new growth. (B) THE AMOUNT OF THE FEE.
Single Multi- Light Heavy
Family Family Commercial Office Industrial Industrial Warehouse Year (Per Unit) (Per Unit) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) 2021 $6,851.05 $3,267.41 $1.81 $1.21 $1.08 $1.33 $1.57
2022 $7,543.01 $3,597.41 $2.00 $1.33 $1.19 $1.46 $1.73
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2021, there was a beginning balance for this account in the amount of $717,616.41. There was an ending balance as of June 2022 in the amount of $1,224,927.40.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $414,913.56, grant income was $86,099.96 and interest earned was $6,297.47. Net change to the fund was $507,310.99 before expenditures. (E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
PFFP REPORT
CITY OF RIPON
TRANSPORTATION FEE
2021-2022
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Packet Pg. 282 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to provide for expansion of the sewer system that is necessary to support new growth. (B) THE AMOUNT OF THE FEE.
Single Multi- Light Heavy
Family Family Commercial Office Industrial Industrial Warehouse Year (Per Unit) (Per Unit) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) 2021 $4,684.94 $2,927.95 $0.84 $0.84 $0.84 $1.17 $0.84
2022 $5,158.12 $3,223.67 $0.93 $0.93 $0.93 $1.29 $0.93
(C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND. In July 2021, there was a beginning balance for this account in the amount of $5,133,140.77 and an ending balance as of June 2022 in the amount of $5,380,468.53. The fund balance in the account will accrue to pay for future projects.
(D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $209,945.57 and interest earned was $37,382.19. Net change to the fund was $247,327.76 before expenditures.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED
AND THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE
TOTAL PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES.
No fees were expended from this fund for the current year. (F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code.
CITY OF RIPON
PFFP REPORT
2021-2022
WASTEWATER FEE
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Packet Pg. 283 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) (A) A BRIEF DESCRIPTION OF TYPE OF FEE IN THE ACCOUNT. This fee is charged to pay for expansion of the water system that is necessary to support new growth. (B) THE AMOUNT OF THE FEE.
Single Multi- Light Heavy
Family Family Commercial Office Industrial Industrial Warehouse Year (Per Unit) (Per Unit) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) (Per land sq. ft.) 2021 $11,108.08 $7,406.12 $0.51 $0.51 $0.51 $0.51 $0.51 2022 $12,229.99 $8,154.14 $0.56 $0.56 $0.56 $0.56 $0.56 (C) THE BEGINNING AND ENDING BALANCE OF THE ACCOUNT OR FUND In July 2021, there was a beginning balance for this account in the amount of $3,413,266.27 and an ending balance as of June 2022 in the amount of $3,612,745.93. The fund balance in the account will accrue to pay for future projects. (D) THE AMOUNT OF THE FEES COLLECTED AND INTEREST EARNED. The amount of the fees collected was $174,573.90 and interest earned was $24,905.76. Net change to the fund was $199,479.66 before expenditures.
(E) AN IDENTIFICATION OF EACH PUBLIC IMPROVEMENT ON WHICH FEES WERE EXPENDED AND
THE AMOUNT OF THE EXPENDITURES ON EACH IMPROVEMENT, INCLUDING THE TOTAL
PERCENTAGE OF THE COST OF THE PUBLIC IMPROVEMENT THAT WAS FUNDED WITH FEES No fees were expended from this fund for the current year.
(F) AN IDENTIFICATION OF AN APPROXIMATE DATE BY WHICH THE CONSTRUCTION OF THE
PUBLIC IMPROVEMENT WILL COMMENCE IF THE LOCAL AGENCY DETERMINES THAT
SUFFICIENT FUNDS HAVE BEEN COLLECTED TO COMPLETE FINANCING ON AN INCOMPLETE PUBLIC IMPROVEMENT, AS IDENTIFIED IN PARAGRAPH (2) OF SUBDIVISION (a) OF SECTION 66001, AND THE PUBLIC IMPROVEMENT REMAINS INCOMPLETE.
No improvements were made for the current year.
(G) A DESCRIPTION OF EACH INTERFUND TRANSFER OR LOAN MADE FROM THE ACCOUNT OR
FUND, INCLUDING THE PUBLIC IMPROVEMENT ON WHICH THE TRANSFERRED OR LOANED
FEES WILL BE EXPENDED, AND IN THE CASE OF AN INTERFUND LOAN, THE DATE ON WHICH
THE LOAN WILL BE REPAID, AND THE RATE OF INTEREST THAT THE ACCOUNT OR FUND WILL RECEIVE ON THE LOAN.
No interfund transfers or loans were made from this account or fund. (H) THE AMOUNT OF FUNDS MADE PURSUANT TO SUBDIVISION (e) OF SECTION 66001 AND ANY ALLOCATIONS PURSUANT TO SUBDIVISION (f) OF SECTION 66001.
If any unexpended funds are no longer required, refunds will be made according to Government Code. 2021-2022
WATER FEE
CITY OF RIPON
PFFP REPORT
2.A.c
Packet Pg. 284 Attachment: 21-22 PFFP Report (3646 : Annual AB1600 Report - PFFP Capital Funds) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 12/13/2022
Subject: Development Agreement - Annual Review (2022)
RECOMMENDED ACTION:
Should the City Council agree with the Planning Commission’s recommendation, the following motion would be appropriate:
“The City Council accepts this staff report as the written report from the Planning Commission that there has been compliance in good faith, with the terms and conditions of each respective Development Agreement.”
DISCUSSION/ANALYSIS:
Pursuant to provisions of Section 65865.1 of the California State Government Code, and Section
16.60.060 of the Ripon Municipal Code, the Planning Commission shall conduct a review of all current Development Agreements for compliance with the terms and conditions therein on a yearly basis. The Commission shall base it’s determination upon substantial evidence whether or not, for the period under review, there has been compliance in good faith with the terms and conditions of the agreements.
The Planning Commission held a Public Hearing on this matter at their November 14, 2022 Planning Commission meeting, where they determined that all current Development Agreements are in substantial compliance with the terms and conditions therein. At that time no one from the public came forward to make any comments. This staff report serves as the Planning Commission’s written report to the City Council on this matter.
Attached is a master list of all the previous and current Development Agreements. There are a total of 57 Development Agreements on the master list of which 8 are considered still active.
Following is a breakdown of the 8 active Development Agreements by type and status.
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6 (75%) are entirely residential projects
o 4 are 100% built-out
Cornerstone II Subdivision
Silverstone Subdivision
The Vineyards Subdivision
Alexandra Place Subdivision
o 2 have yet to be started (looking for builders)
Meadowood Subdivision (88 lots, developer has asked for a 1-year extension)
Pereira Subdivision (47 lots, in the process of selling to a builder, construction should start sometime in 2023)
1 (12.5%) is a mixture of commercial and residential
o Ripon Gardens II – approximately 6 ½ acres of apartments (110 units) and 3.5 acres of Neighborhood Commercial (apartments completed and majority of the commercial is completed – l vacant commercial lot remaining) 1 (12.5%) is not classified as residential, commercial, or industrial. o Calvary Reformed Church Master Plan (was extended by City Council for another 15 years - 2034)
Included on the master list is a summary of all of the past Development Agreements that have expired over time or were terminated for one reason or another, which include a total of 48 expired or terminated Development Agreements. They are listed in red on the Development Agreement Master List.
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. Development Agreement Master List - 2022
2. Active DA Map-2022
3. November 2022 Planning Commission Minutes
4. Council Public Hearing Notice - Annual Review 2022
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Development Agreement Master List - 2022
ID# DA # Title Project Type Expires Ordinance # Compliance Terminated Status 1 N/A Sunset Valley Res/Non-Res 6/6/1995 418 yes
2 N/A Groens Grove Res 9/18/1996 370 yes
3 N/A Dutch Meadows Res 11/23/1997 403 yes
4 N/A Ripon Bluffs Res 12/15/1998 409 yes
5 N/A Vermeulen Meadows Res 2/3/1999 410 yes 2008-021298 6 N/A Zumstein Res 4/7/1999 415, 506 yes
7 N/A Boesch-Kingery Subdivision 1/3/2001 459, 563 yes
8 N/A Farmland Estates Res 12/31/2002 590 yes 2008-021299 9 N/A ACLC Res 2005 548 yes
10 N/A Anglers Glenn Res 11/15/2006 564 yes
11 N/A Hoffman Commercial 11/19/2006 565 yes 2008-021301 12 N/A Jacobs Landing Res/Non-Res 2/18/2007 581 yes 2008-021300 13 N/A Marquis Estates Subdivision Res 3/12/2007 601 yes 2008-021302 14 N/A Spring Creek Meadows Subdivision Res 12/4/2007 688 yes 15 DA97-02 Robert Valk Valk Commercial Non-Res 4/2/2008 582 yes 16 DA98-05 De Jong Estates De Jong Estates Subdivision Res 7/16/2008 585 yes 17 DA03-03 Wallace Development Company Wallace Property Res 11/30/2008 694 yes 18 DA98-03 Estate of Rubin Allmendinger Allmendinger Property Non-Res 3/29/2009 595, 609 yes 19 DA98-05 Henry and Ruth De Jong Grand View Estates Subdivision Res 7/15/2009 593, 599 yes 20 DA99-02 Edmundson/Boersma Poppy Hills Estates Res 7/15/2009 604, 673 yes 21 DA98-04 Springcreek Development/Kennedy Augusta Pointe Subdivision Res 7/23/2009 597 yes 22 DA99-01 Johnson/Erdelatz/Thompson Oak Terrace Subdivision Res 9/11/2009 603 yes 23 DA99-03 Charles and Kathleen Bush Bush Property Non-Res 10/1/2009 605, 619 yes 24 DA00-03 Groen/Winters/Chapman/Mohler Montecito Estates Res 10/27/2010 623, 655 yes 25 DA00-02 East Shadow Glenn Shadow Glenn Res 10/27/2010 622 yes 26 DA00-02 Eavenson Construction/Lan Shadow Glenn II Res 2/6/2011 636 yes 27 DA00-07 McRoy/Wilbur/Claussen/Enos/Johnston Carolinas Subdivision Res 6/19/2011 639, 660 yes 28 DA01-01 McRoy/Wilbur/Ripon Cemetery Assoc. Magnolia Terrace Subdivision Res 12/31/2011 641, 659 yes 29 DA00-05 Rivertree/Barton Spring Creek Oaks Res 12/31/2011 631, 700 yes 30 DA02-01 Emmanuel and Joanne Bouzeneris Colony Plaza Commercial 3/31/2017* 657 yes 5-yr extn 31 DA01-02 McRoy/Wilbur/Brooks Brookline Subdivision Non-Res 12/31/2012 656, 698 yes 32 DA00-04 McRoy/Wilbur/Den Dulk Chesapeake Subdivision Non-Res 12/31/2012 624, 635, 661
679, 690, 697 yes
33 DA02-02 Alfred and Nancy Johnson Johnson Property Res 1/31/2013 671 yes 34 DA03-01 Vermeulen/Eavenson Construction Verandas Subdivision Res 6/30/2013 744 yes 35 DA08-02 Clay Harmon Harmon Financial Res 8/15/2013 768 no 2011-039167 36 DA03-02 McRoy/Wilbur/Stevens/Azevedo/Overgaauw Spring Creek Meadows II Subdivision Res 2/19/2014 688 yes 37 DA04-03 Main Street Development/Wagner Family Trust Wagner Woods Subdivision Res/Non-Res 4/5/2015 713, 761 yes 38 DA05-02 McRoy/Wilbur Communities, Inc. Orchard View (Formerly Irongate) Res 9/26/2019 717 yes 39 DA04-02 Bethany Home Society of San Joaquin County Bethany Town Square Res 9/20/2015 724 yes 40 DA05-03 McRoy/Wilbur Communities, Inc. Palm Grove Res/Non-Res 11/17/2015 725, 747 yes 41 DA05-01 Chesapeake Investors/Ripon Cemetery Assoc./Clendenin Cornerstone I Subdivision Res 12/31/2015 716, 754 yes 42 DA05-04 McRoy/Wilbur/Harris/Hoogendoorn Cornerstone II Subdivision Res 3/21/2016 729 no 2011-035360 43 DA06-01 Bernardo and Julie Lopez Lopez Property Res 4/21/2016 733 yes 44 DA06-02 Vineyard Grove Townhomes Vineyard Grove PUD Res 11/17/2016 743 no 2011-068762 45 DA06-04 Ripon Crossing Corporation Ripon Crossing Commercial 1/19/2017 745 yes 46 DA06-03 Eavenson Construction/Holwerda Alexandria Terrace Res 5/3/2017 748 no 2011-039166 47 DA08-01 Frank Borges Borges Property Res 12/31/2018 764 no 2012-163843 48 DA04-01 Calvary Reformed Church Calvary Reformed Church Master Plan Non-Res 10/10/2034 699 yes 15-yr extn 49 DA05-05 B.H.M. Ventures Gil Plaza Commercial 4/21/2021 734 yes 50 DA13-01 BMCH California LLC Cornerstone II Subdivision Res 8/16/2023 804 yes 51 DA15-01 Eavenson Construction/Holwerda Alexandra Place Res 9/11/2025 821 yes 52 DA15-02 Kiper Homes Franklin Lane/Silverstone Res 1/8/2026 837 yes 53 DA15-03 JKB Living Ripon Gardens II Res-Comm 5/31/2026 840 yes 54 DA15-04 BMCH California LLC The Vineyards Res 6/10/2026 841 yes 55 DA17-01 Montpelier Farming Corporation Meadowbrook Subdivision Res 5/10/2028 872 yes 56 DA17-02 Meadowood Ripon, LLC Meadowood Subdivision Res 7/12/2028 873 yes 57 DA19-01 HPG Ripon Development LLC Pereira Subdivision Res 5/15/2030 894 yes Expired or Terminated Development Agreements
Completed Development Agreements
Active Development Agreements
2.B.a
Packet Pg. 287 Attachment: Development Agreement Master List - 2022 (3650 : Development Agreement - Annual Review
2.B.b
Packet Pg. 288 Attachment: Active DA Map-2022 (3650 : Development Agreement - Annual Review (2022))
2.B.c
Packet Pg. 289 Attachment: November 2022 Planning Commission Minutes (3650 : Development Agreement - Annual Review (2022))
2.B.c
Packet Pg. 290 Attachment: November 2022 Planning Commission Minutes (3650 : Development Agreement - Annual Review (2022))
2.B.c
Packet Pg. 291 Attachment: November 2022 Planning Commission Minutes (3650 : Development Agreement - Annual Review (2022))
2.B.c
Packet Pg. 292 Attachment: November 2022 Planning Commission Minutes (3650 : Development Agreement - Annual Review (2022))
2.B.c
Packet Pg. 293 Attachment: November 2022 Planning Commission Minutes (3650 : Development Agreement - Annual Review (2022))
2.B.c
Packet Pg. 294 Attachment: November 2022 Planning Commission Minutes (3650 : Development Agreement - Annual Review (2022))
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, December 13, 2022, at 6:00 P.M. in The City of Ripon Council Chambers, 259 N. Wilma Ave., Ripon, on the following matter:
ANNUAL REVIEW OF DEVELOPMENT AGREEMENTS - The City Council will conduct an annual review of the development agreements for Calvary Reformed Church, Cornerstone II, Alexandra Place, Silverstone, Ripon Gardens II, The Vineyards, Meadowood, and Pereira Subdivision to determine whether or not the proponents have complied in good faith with the terms or conditions of their individual agreements.
PURSUANT TO SECTION 65009 OF THE GOVERNMENT CODE OF THE STATE OF
CALIFORNIA, NOTICE IS HEREBY FURTHER GIVEN THAT IF SUCH PROPOSED
REVIEW 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: November 19, 2022
2.B.d
Packet Pg. 295 Attachment: Council Public Hearing Notice - Annual Review 2022 (3650 : Development Agreement - Annual Review (2022)) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 12/13/2022
Subject: TEFRA Hearing
RECOMMENDED ACTION:
1) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of Bethany Home Society of San Joaquin County, Inc. doing business as Bethany Home (the “Borrower”), a California nonprofit public benefit corporation, to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). The resolution will also authorize the Mayor or designee thereof to execute the Joint Exercise of Powers Agreement with the CMFA.
BACKGROUND:
The California Municipal Finance Authority (CMFA) has been asked by Bethany Home Society of San Joaquin County, Inc (“Borrower”) to be the issuer of tax-exempt financing for the Terraces at Bethany project (“Project”) that was approved by the City Council in July 2022. As a result, the City of Ripon has been requested to take the following actions:
1. Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) on December 13, 2022 in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $60,000,000, (the “Bonds”), to finance and/or refinance the construction, expansion, equipping, improvement, renovation, rehabilitation, furnishing and/or remodeling of senior living and related facilities known as Bethany Home (collectively, the “Project”).
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2. Adopt a resolution to become a member of the CMFA and to approve the financing of the Project by the CMFA.
The Borrower requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $60,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance and/or refinance the construction, expansion, equipping, improvement, renovation, rehabilitation, furnishing and/or remodeling of senior living and related facilities known as Bethany Home.
DISCUSSION:
In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Ripon must conduct a public hearing (the “TEFRA Hearing”) providing City residents an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community.
Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.
California Municipal Finance Authority
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 300 municipalities have become members of CMFA.
The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.
Execution of the Joint Exercise of Powers Agreement
In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of Ripon to become a member of the CMFA. Attached to this report is a copy of the Joint Exercise of Powers Agreement (the “JPA” o be executed by a designated signatory of the City.
The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing the JPA. .
It is important to note that the Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
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There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required.
The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City following its execution of the Joint Exercise of Powers Agreement, could, at any time following the issuance of the Bonds, withdraw from the CMFA at no expense by providing written notice to the Board of Directors of the CMFA.
FISCAL IMPACT:
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Ripon, it is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the General Fund of the City. Such grant may be used for any lawful purpose of the City.
Attachments:
1. CMFA JPA Agreement- Ripon
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RESOLUTION NO. 22-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING, AUTHORIZING AND DIRECTING
EXECUTION OF A JOINT EXERCISE OF POWERS
AGREEMENT RELATING TO THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY, AND APPROVING
THE ISSUANCE OF BONDS PURSUANT TO A PLAN OF
FINANCE BY THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $60,000,000 FOR THE PURPOSE OF
FINANCING AND/OR REFINANCING THE
CONSTRUCTION, EXPANSION, EQUIPPING,
IMPROVEMENT, RENOVATION, REHABILITATION
AND/OR REMODELING OF SENIOR LIVING AND RELATED
FACILITIES AND CERTAIN OTHER MATTERS RELATING
THERETO
WHEREAS, pursuant Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement, effective on January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, City of Ripon (the “City”), has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and WHEREAS, there is now before this City Council of the City of Ripon (the “Council”) the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, the California Municipal Finance Authority (the “Authority”) is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and
WHEREAS, Bethany Home Society of San Joaquin County, Inc. doing business as Bethany Home (the “Borrower”), a California nonprofit public benefit corporation, has requested that the California Municipal Finance Authority (the “Issuer”) provide for the issuance of one or more series of revenue bonds from time to time pursuant to a plan of finance in an aggregate principal amount not to exceed $60,000,000 (the “Bonds”); and
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WHEREAS, the proceeds of the Bonds will be used, among other things, to finance and/or refinance the construction, expansion, equipping, improvement, renovation, rehabilitation, furnishing and/or remodeling of senior living and related facilities known as Bethany Home (collectively, the “Project”), which are all owned and operated by the Borrower; and WHEREAS, the Project is located within the City; and
WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the issuance of the Bonds by the Issuer must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the Council is the elected legislative body of the City and is the applicable elected representative under Section 147(f) of the Code; and WHEREAS, the Issuer has requested that the Council approve the issuance of the Bonds by the Issuer in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Agreement; and WHEREAS, the Issuer is also requesting that the Council approve the issuance of any refunding bonds hereafter issued by the Issuer for the purpose of refinancing the Bonds which financed and/or refinanced the Project (the “Refunding Bonds”), but only in such cases where federal tax laws would not require additional consideration or approval by the Council; and WHEREAS, pursuant to Section 147(f) of the Code, the Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Issuer; and
WHEREAS, the Council understands that its actions in holding this public hearing and in approving this Resolution do not obligate the Council in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds or Refunding Bonds, and said Board expressly conditions its approval of this Resolution on that understanding; and
WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code and Section 4 of the Agreement; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the Council of the Project for any other purpose, including, but not limited to, compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.) (“CEQA”).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ripon, as follows:
Section 1. The Agreement is hereby approved and the Mayor of the City of Ripon or designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto.
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Section 2. The Council hereby approves the issuance by the Issuer of the Bonds and the Refunding Bonds for the purposes of financing and/or refinancing the Project. It is the purpose and intent of the Council that this Resolution shall constitute approval of (a) the issuance of the Bonds by the Issuer for the purposes of Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, and (b) the issuance of the Bonds and Refunding Bonds for the purposes of Section 4 of the Agreement.
Section 3. The officers of the Council are hereby authorized and directed, jointly and severally, to do any and all things and execute and deliver any and all documents, certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved.
Section 4. The Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Issuer’s issuance of the Bonds or Refunding Bonds for the financing and/or refinancing of the Project.
Section 5. The Bonds shall be a limited obligation of the Issuer, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.
The Bonds shall not constitute a debt or obligation of the City.
Section 6. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or take any action with respect to the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the Project; (iii) make any contribution or advance any funds whatsoever to the Issuer; or (iv) take any further action with respect to the Issuer or its membership therein.
Section 7. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby.
Section 8. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 9. This Resolution shall take effect from and after the date of its passage and adoption.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of December, 2022, by the following vote:
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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JOINT EXERCISE OF POWERS AGREEMENT
RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY
THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the “Members” and those parties initially executing this Agreement are referred to as the “Initial Members”):
WITNESSETH
WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the “Joint Exercise of Powers Act”), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a “public agency” as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and
WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and
WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and
WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and
WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein “Bonds”), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and
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Packet Pg. 303 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and
WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the “California Municipal Finance Authority” for the purposes set forth herein and to exercise the powers provided herein;
NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:
Section 1. Purpose.
This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.
The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth.
Section 2. Term.
This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority’s debts, liabilities and obligastions.
Section 3. Authority.
A. CREATION AND POWERS OF AUTHORITY.
Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the “California Municipal Finance Authority” (the “Authority”), and said Authority shall be a public entity separate and apart from the Members. Its
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Packet Pg. 304 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members.
B. BOARD.
The Authority shall be administered by the Board of Directors (the “Board,” or the “Directors” and each a “Director”) of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the “Foundation”), with each such Director serving in his or her individual capacity as a Director of the Board. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation.
All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director.
Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose.
The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement.
C. OFFICERS; DUTIES; OFFICIAL BONDS.
The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the “Treasurer”) pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board.
Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an “Indenture”) providing for a trustee or other fiscal agent, and except as may otherwise be
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Packet Pg. 305 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act.
The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000.
The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants.
The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority.
D. MEETINGS OF THE BOARD.
(1) Ralph M. Brown Act.
All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the “Brown Act”).
(2) Regular Meetings.
The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
(3) Special Meetings.
Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference.
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Packet Pg. 306 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) (4) Minutes.
The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director.
(5) Quorum.
A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place.
E. RULES AND REGULATIONS.
The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required.
Section 4. Powers.
The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes.
Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in
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Packet Pg. 307 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member.
The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not.
Section 5. Fiscal Year.
For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004.
Section 6. Disposition of Assets.
At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members.
Section 7. Bonds.
From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement.
The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose.
Section 8. Bonds Only Limited and Special Obligations of Authority.
The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the
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Packet Pg. 308 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment.
No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds.
Section 9. Accounts and Reports.
All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).
The books and records of the Authority shall be open to inspection at all reasonable times by each Member.
The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination.
The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose.
In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.
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Packet Pg. 309 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) Section 10. Funds.
Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement.
Section 11. Notices.
Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website).
Section 12. Additional Members/Withdrawal of Members.
Qualifying public agencies may be added as parties to this Agreement and become Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member.
Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing.
A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing.
Section 13. Indemnification.
To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
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Packet Pg. 310 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) Section 14. Contributions and Advances.
Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit’s or nonprofit organization's purposes.
Section 15. Immunities.
All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement.
Section 16. Amendments.
Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members.
Section 17. Effectiveness.
This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof.
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Packet Pg. 311 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) Section 18. Partial Invalidity.
If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
Section 19. Successors.
This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members.
Section 20. Miscellaneous.
This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.
The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld.
This Agreement shall be governed under the laws of the State of California.
This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement.
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Packet Pg. 312 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) IN WITNESS WHEREOF, the City of Ripon has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2022.
Member:
CITY OF RIPON
By
Michael Restuccia
Mayor
ATTEST:
By
Lisa Roos
City Clerk
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Packet Pg. 313 Attachment: CMFA JPA Agreement- Ripon (22-49 : TEFRA Hearing) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 12/13/2022
Subject: Fleet Maintenance Facility Project
RECOMMENDED ACTION:
Award the contract for the Fleet Maintenance Facility Project to Diede Construction, Inc. in the amount of $11,156,000 and authorize staff to proceed.
BACKGROUND:
The current Corporation Yard located near the intersection of Doak Boulevard and Vera Avenue was constructed in 1976. When this facility was constructed, it included two vehicle maintenance bays, a small office, restroom, breakroom, and an area for small engine work. At the time of construction, the population of Ripon was 3,500 and there were 7 employees in the public works department. After being used as the City Corporation Yard for over 45 years, this facility has exceeded the normal lifespan of use and needs to be replaced with a new facility.
The City of Ripon purchased 7 acres of undeveloped property on Doak Boulevard that was to be the site of a new City Corporation Yard. LDA Architects was contracted to prepare a Corporation Yard Master Plan in 2019. The purpose of this plan was to (1) plan for the ultimate Corporation Yard at this new location that would be used to serve the buildout of Ripon’s general plan (population of 40,000 residents), (2) estimate the total cost of the ultimate facility so the AB1600 Corporation Yard Fee could be updated to ensure the City was collecting enough from new development to fund the new Corporation Yard, and (3) identify Phase 1 of the Corporation Yard based on the needs of public works operations while considering the funds available.
The Corporation Yard, Phase 1 improvements are focused on providing the fleet maintenance facility (see attached exhibits) that is planned to serve a population of 25,000 and includes the following elements:
A 12,500 square foot building that would include fleet maintenance working bays (6 stalls), machine shop, offices, restrooms, and locker rooms.
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The exterior of the building will be a mixture of various metal sidings in different orientations and colors along with concrete masonry block walls along the lower portion of the shop building. The building will be accented with metal awnings and canopies in varying spots around the building for architectural interest. Employee/visitor parking lot between the proposed building and Doak Boulevard that will provide 49 spaces.
Fenced in fleet parking located to the south of the visitor parking lot.
DISCUSSION:
On November 17, 2022, bids for the Fleet Maintenance Facility Project were opened. Nine bids were received as summarized below:
Contractor Total Base Bid
Diede Construction, Inc. $11,156,000
D.G. Granade, Inc. $11,769,377
Harris Builders, Inc. $11,769,470
Gowan Construction, Inc. $11,926,643
F&H Construction $12,083,000
Acme Construction Co., Inc. $12,105,000
Menghetti Construction, Inc. $12,700,000
Simile Construction Service, Inc. $12,945,834
Bobo Construction, Inc. $13,993,000
City staff has reviewed the bids and found Diede Construction, Inc. to be the lowest responsive bidder. The Contractor has submitted the bid bond and all required documents. I am recommending that City Council award the base bid contract for the Fleet Maintenance Facility Project to Diede Construction, Inc. in the amount of $11,156,000 and authorize staff to proceed.
In addition to the construction costs, additional expenses will be associated with the construction of this project, as summarized below:
Construction Contingency: $1,115,600
City Furnished Equipment: $500,000
Outside Development Fees: $30,053
Materials Testing: $85,513
Architect Services During Construction: $144,875
Total: $1,876,041
The total amount of projected expenses to complete the Fleet Maintenance Facility Project is $13,032,041.
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FISCAL IMPACT:
The total cost of $13,032,041 for construction of the Fleet Maintenance Facility Project will be funded as summarized below:
Fund Allocation Fund Balance
(projected as of 6/30/23)
Corp Yard AB1600 $440,000 $440,000
Measure K Transit $970,000 n/a
ARPA Funds $1,800,000 n/a
RDA Bond Proceeds $1,741,000 n/a
Sewer Capital Enterprise $800,000 $1,545,000
Water Capital Enterprise $800,000 $7,114,000
Storm Capital Enterprise $456,500 $371,000
Corp Yard AB1600 Loan $5,687,300 n/a
General Fund – Dept Capital $337,241 $1,200,000
The loan to the Corp Yard AB1600 Fund is funded from Mitigation Fees collected from development projects (current balance of this fund is $8 million). The City Council policy for the use of these funds is to (1) transfer interest generated from this fund to the General Fund during an economic downtown and an operational deficit occurs and (2) leverage these funds to advance priority projects through a loan.
The term of this loan is projected to be 23 years, based on an interest rate of 1% and a residential growth rate of 1.5%, which would be around the time the population of Ripon is 23,000.
Attachments:
1. Exhibit A
3.A
Packet Pg. 316
UP
PROPOSED VISITOR/EMPLOYEE PARKING
FUTURE VISITOR/EMPLOYEE PARKING
(E) BUS BARN
(E) ENTRANCE
(E) EXT. HAZ. MAT. SECURE STORAGE
(E) PUMP
HOUSE
(E) TRANSFORMER
(E) FUEL ISLAND
(E) VEHICLE WASH STATION
EXISTING PARKING
PROPOSED VEHICLE MANTENANCE BLDG. 12,500 SF
PROPOSED BASIN AREA
LANDSCAPE
(E) LANDSCAPE
FUTURE VEHICLE MANTENANCE BLDG. EXPANSION
FUTURE BUS BARN EXPANSION WASH BAY
23 HEAVY/LARGE VEHICLE PARKING
16 RELOCATED POWER SLIDE GATE 4
8 FUTURE ADMIN BUILDING 12,000 SF
(E) ENTRANCE 80'-0"± 70'-0"± 80'-0"±
41'-5"± 31'-7"±
TYP. 28'-0"
5'-6" 13'-6"±10'-0"
90'-0"
134'-0"
5 FUTURE ADMIN BUILDING 12,000 SF
FUTURE ADMIN BUILDING 8,000 SFFUTURE ADMIN BUILDING 8,000 SF
FUTURE VISITOR/EMPLOYEE PARKING
30'-0" 30'-0" 30'-0" 10-0' "
20'-0±
ANIMAL SERVICES/ EXISTING BUILDING
ANIMAL SERVICES/ PROPOSED DOG PARK
DOAK BLVD. DOAK BLVD. DOAK BLVD. 30'-0" 30'-0"
135'-0" 135'-0" 20'-0" 85'-0"
85'-0"
100'-0" 100'-0" 80'-0"
80-0' "
50'-0" 30'-0" 80'-0" FUTURE ADMIN BUILDING 4,000 SF 40'-3" ± 50'-3" ±
PHASE 1 STANDARD
ACCESS. SERVICE HEAVY/LARGE 49 STALLS2 REGULAR, 2 VAN
6 STALLS
31 OPEN, 6 COVERED
94'-8".
5 12 6
11 PHASE 2 STANDARD
ACCESS. SERVICE HEAVY/LARGE
132 STALLS 4 REGULAR, 4 VAN 0 0 TOTALSSTANDARD
ACCESS. SERVICE HEAVY/LARGE
181 STALLS 6 REGULAR, 6 VAN
6 STALLS
31 OPEN, 6 COVERED
37 27 8
14 28
28 TYP. 35'-1"± FUTURE VISITOR/EMPLOYEE PARKING
SITE PLAN CITY OF RIPON PUBLIC WORKS MAINT. FACILITY
3.A.a
Packet Pg. 317 Attachment: Exhibit A (3656 : Fleet Maintenance Facility Project) UP
237 SF CONF
136 SF OFFICE
1474 SF CREW
ROOM
321 SF
HALLWAY
5868 SF SHOP
107 SF STOR. 691 SF PARTS/TOOLS 44 SF
JAN.
503 SF
LUBE/COMPRESSOR
310 SF MACHINE SHOP 383 SF TIRE SHOP
CREW ROOMS/OFFICES
LOCKERS / RR
SHOP SPACES
UTILITY
ROOM LEGEND 134'-0"
90'-0"
1'-4" 6 -0' " 28-0' " 12 -0' " 6 -0' " 14 -0' " 6'-0" 14'-0" 6 -8' " 40-0' " 90'-0" COMP. 55 GAL 55 GAL 55 GAL 55 GAL 55 GAL WASTE OIL WASTE CLNT.
TIRE CAROUSEL TIRE CHNGR. TIRE BAL. STAGING
STAGING
HEAVY DUTY BAY
HEAVY DUTY BAY
LIGHT DUTY BAY
182 SF WOMEN
56'-0" 34'-0"
35'-4" 12 -' 0" 6 -' 0" 14 -0' " 6'-0" 14'-0" 6 -8' " 40-0' " 134'-0" 44'-9" 44'-7 3/8"
HEAVY DUTY BAY
HEAVY DUTY BAY
LIGHT DUTY BAY
55 GAL 55 GAL
107 SF BATTERY
SHWR. 213 SF MEN
288 SF
LOCKERS
83 SF
ELEC. 73 SF
I.T. 55 GAL
4'-0" 38'-9" 14'-0" 11'-2" 19'-5" 2'-8" 17 -6' 3/4" 6'-4" 10'-10" 38 LOCKERS 8'-0" 8'-0"
15'-0" 20 -' 0" 20'-0"
1956 SF
EQUIPMENT PLATFORM
OPEN TO SHOP BELOW
A3 1" = 10'-0" 1 FIRST FLOOR PLAN
FLOOR PLAN CITY OF RIPON PUBLIC WORKS MAINT. FACILITY
A3 1" = 10'-0" 2 EQUIPMENT PLATFORM
3.A.a
Packet Pg. 318 Attachment: Exhibit A (3656 : Fleet Maintenance Facility Project) NORTH RENDER CITY OF RIPON PUBLIC WORKS MAINT. FACILITY
3.A.a
Packet Pg. 319 Attachment: Exhibit A (3656 : Fleet Maintenance Facility Project) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 12/13/2022
Subject: Utility Rate Study - Enterprise Funds Year 3 Update RECOMMENDED ACTION:
Staff is recommending the City Council approve implementing the February 1, 2023 rate increases for the water (2%), sewer (4%) and garbage (5%) enterprise funds that were originally approved in the 2020 5-Year Rate Study.
BACKGROUND:
The City uses “enterprise funds” to account for the financial activities of the water, sewer, and garbage services provided to the residents and businesses located in Ripon. Each enterprise fund is an independent budget that operates much like a private business enterprise. Each fund collects the revenue from the utility customers to fund the operations of the utility service along with the replacement of capital items.
In accordance with Proposition 218, in 2020, the property owners within the City limits approved rate increases of the water, sewer, and garbage enterprise funds to take effect February 1st of years 2021-2025, as summarized in Table 1.
Table 1 - 2020 5-Year Rate Study Proposed Rate Increases Utility 2021 2022 2023 2024 2025
Water 2% 2% 2% 2% 2%
Sewer 4% 4% 4% 4% 4%
Garbage 5% 5% 5% 4% 4%
Total 3.5% 3.5% 3.5% 3% 3%
The City Council has directed staff to bring back each year prior to February 1st, a financial evaluation of each enterprise fund to determine if the full rate increase that was initially approved is necessary for each enterprise fund.
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DISCUSSION:
The rate increase included in the 2020 5-Year Rate Study was implemented for the first two years of the 2020 5-Year Rate Study, as proposed. Tom Pavletic with Municipal Financial Services (MFS) has prepared the financial evaluation for the February 1, 2023 enterprise fund rate adjustments, which is attached. Below is a summary of the current projected financials for each of the enterprise funds evaluated as compared to the 2020 5-Year Rate Study:
Water Fund: The Water Enterprise Fund balance is projected to be $440,000 lower than what was originally projected at the end of the 5-year evaluation period, but still within the target balance. All recommended transfers to the Water Enterprise Capital Fund are projected to be made over the 5-year rate study period. Sewer Fund: The Sewer Enterprise Fund balance is projected to be $70,000 more than what was originally projected at the end of the 5-year rate study period. All recommended transfers to the Sewer Enterprise Capital Fund are projected to be made over the 5-year rate study period.
Garbage Fund: The Garbage Enterprise Fund balance is projected to be $510,000 lower than what was originally projected at the end of the 5-year evaluation period. Even though this balance is lower than the recommended target balance, this fund has no debt and sufficient funds continue to be transferred to the Garbage Enterprise Capital Fund in the event there is a mechanical breakdown of a garbage truck and an unplanned replacement is needed.
Staff is recommending the City Council approve implementing the full rate increases approved in the 2020 5-Year Rate Study for February 1, 2023. The combination of water (2%), sewer (4%) and garbage (5%) rate increases have an overall effect of a 3.5% utility rate increase on the monthly bill of an average single-family customer.
The graph below shows a single-family monthly bill with the approved 2023 rate increases included.
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Figure 1 – Evaluation of Single-Family Monthly Bills
Water - residential 1-inch meter, 16 hcf per month / Sewer - residential / Garbage - residential curbside 1 black + 1 green Established in Resolution 20-55
Prior Implemented Implemented Adopted
Monthly Bill FY20 FY21 FY22 FY23 FY24 FY25
Water $47.70 $48.62 $49.54 $50.56 $51.58 $52.60
Sewer $21.50 $22.40 $23.30 $24.20 $25.20 $26.20
Garbage $35.50 $37.20 $39.00 $41.00 $42.60 $44.30
Total $104.70 $108.22 $111.84 $115.76 $119.38 $123.10
Monthly $ ∆ FY20 FY21 FY22 FY23 FY24 FY25
Water $0.80 $0.92 $0.92 $1.02 $1.02 $1.02
Sewer $0.40 $0.90 $0.90 $0.90 $1.00 $1.00
Garbage $1.70 $1.70 $1.80 $2.00 $1.60 $1.70
Total $2.90 $3.52 $3.62 $3.92 $3.62 $3.72
Monthly % ∆ FY20 FY21 FY22 FY23 FY24 FY25
Water 2% 2% 2% 2% 2% 2%
Sewer 2% 4% 4% 4% 4% 4%
Garbage 5% 5% 5% 5% 4% 4%
Total 2.8% 3.5% 3.5% 3.5% 3.0% 3.0%
$48 $49 $50 $51 $52 $53
$22 $22 $23 $24 $25 $26
$36 $37 $39 $41 $43 $44
$105 $108 $112 $116 $119 $123
$0
$20
$40
$60
$80
$100
$120
$140
$160
$180
FY20 FY21 FY22 FY23 FY24 FY25
Garbage
Sewer
Water
Based on
Adopted Rates
The average monthly bill projected for a single-family customer will increase from $111.84 to $115.76, a total of $3.92 a month.
City Council has also directed staff to begin tracking the regulatory expenses associated with each enterprise fund. For FY22, staff has estimated the expense associated with complying with the various regulatory requirements from the State of California and summarize those in the table below:
Table 2 – Regulatory Expense Summary
Utility FY22 Expense FY22 Single Family
Monthly Bill
% of Bill
Water $100,700 $1.30 2.6%
Sewer $117,500 $1.39 6.0%
Garbage $115,000 $2.00 5.1%
Total $333,200 $4.69 4.2%
In FY22, the average single-family customer paid an estimated $4.69 per month due to regulatory expenses. For FY23, staff is tracking these expenses and will provide an updated summary of the regulatory expenses with future annual updates.
Attachments:
1. TM_final_f1-0_2023_rate_review
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Technical Memorandum
Limitations:
This document was prepared solely for the City of Ripon in accordance with professional standards at the time the services were performed and in accordance with the contract between City of Ripon and Municipal Financial Services. This document is governed by the specific scope of work authorized by City of Ripon; it is not intended to be relied upon by any other party except for regulatory authorities contemplated by the scope of work. We have relied on information or instructions provided by City of Ripon and other parties and, unless otherwise expressly indicated, have made no independent investigation as to the validity, completeness, or accuracy of such information. 2014 Mann Pkwy
Celina, TX 75009
T: 510.439.6264
Prepared for: City of Ripon
Project Title: Enterprise Funds Rates and Cash Flow Evaluation Technical Memorandum – Evaluation of Garbage, Wastewater and Water Rates Adopted for Implementation on February 1, 2023
Date: December 5, 2022
To: Kevin Werner, City Engineer
From: Tommy Pavletic, Municipal Financial Services
Prepared by:
Tommy Pavletic
3.B.a
Packet Pg. 323 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 1 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
A Water, Sewer and Garbage Funds Rates Study was completed in November 2020 (2020 Rates Study).
Based on findings and recommendations in the 2020 Rates Study, the City Council approved Resolution No. 20-55 which adopted garbage, wastewater and water rate increases to be effective February 1st of 2021, 2022, 2023, 2024 and 2025 (five years). This Technical Memorandum (TM) summarizes the results of our review and evaluation of the city of Ripon’s cash flow for the Garbage, Wastewater and Water Enterprise Funds and whether rate increases scheduled for February 1st of 2023 should be implemented.
SECTION 1. INTRODUCTION
Maximum garbage, wastewater and water rates adopted in Resolution No. 20-55 to become effective February 1st of 2021, 2022, 2023, 2024 and 2025 are listed in the Table 1 (Water), Table 2 (Wastewater) and Table 3 (Garbage). All rates adopted for February 1, 2021, and for February 1, 2022, were implemented as scheduled. Rate increases adopted for implementation on February 1, 2023, are evaluated in this TM.
Evaluation of the previously adopted rates involves only the update of projected expenditures, revenue from rates, number of accounts and water use. Any changes to rates recommended in this TM would not trigger a requirement for Proposition 218 procedures or a protest ballot process.
Table 1. Water Rates Adopted in Resolution No. 20-55
Adopted in Resolution 20-55 *
Prior Implemented Implemented Review Before Implementation Customer Class and Meter Size FY20 FY21 FY22 FY23 FY24 FY25 Rate Change Effective Date > 1-Feb-2020 1-Feb-2021 1-Feb-2022 1-Feb-2023 1-Feb-2024 1-Feb-2025 Adopted annual percent increase > 2.0% 2.0% 2.0% 2.0% 2.0% Implemented/Recommended annual percent increase > 2.0% 2.0% 2.0% 2.0% 2.0% Residential, Commercial, Industrial
Meter Rates ($/month)
¾-inch $31.70 $32.30 $32.90 $33.60 $34.30 $35.00
1-inch $31.70 $32.30 $32.90 $33.60 $34.30 $35.00
1½-inch $53.30 $54.40 $55.50 $56.60 $57.70 $58.90
2-inch $78.50 $80.10 $81.70 $83.30 $85.00 $86.70
2½-inch $112.90 $115.00 $117.00 $119.00 $121.00 $123.00 3-inch $147.00 $150.00 $153.00 $156.00 $159.00 $162.00
4-inch $224.00 $228.00 $233.00 $238.00 $243.00 $248.00
6-inch $436.00 $445.00 $454.00 $463.00 $472.00 $481.00
8-inch $696.00 $710.00 $724.00 $738.00 $753.00 $768.00
10-inch $993.00 $1,013.00 $1,033.00 $1,054.00 $1,075.00 $1,097.00 Usage Rates ($/hcf) $1.00 $1.02 $1.04 $1.06 $1.08 $1.10 Non-potable
Meter Rates ($/month) $5.08 $5.18 $5.29 $5.40 $5.51 $5.62 Usage Rates ($/hcf) $0.86 $0.88 $0.89 $0.91 $0.93 $0.95 * Note: For clarity, rates that include the Annual Payment Discount or the reduction for Qualified Income are not shown.
3.B.a
Packet Pg. 324 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 2 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
Table 2. Wastewater Rates Adopted in Resolution No. 20-55 Adopted in Resolution 20-55 *
Prior Implemented Implemented Review Before Implementation Customer Class and Service Type FY20 FY21 FY22 FY23 FY24 FY25 Rate Change Effective Date > 1-Feb-2020 1-Feb-2021 1-Feb-2022 1-Feb-2023 1-Feb-2024 1-Feb-2025 Adopted annual percent increase > 4.0% 4.0% 4.0% 4.0% 4.0% Implemented/Recommended annual percent increase > 4.0% 4.0% 4.0% 4.0% 4.0% Residential
Full Rate, $/month
Single family dwellings $21.50 $22.40 $23.30 $24.20 $25.20 $26.20 Dwelling unit in a duplex $21.50 $22.40 $23.30 $24.20 $25.20 $26.20 Dwelling unit in an apartment $21.50 $22.40 $23.30 $24.20 $25.20 $26.20 Separate detached apartment $1.60 $1.70 $1.80 $1.90 $2.00 $2.10 Retirement home occupants $4.70 $4.90 $5.10 $5.30 $5.50 $5.70 Commercial
Minimum Base Rate $20.50 $21.30 $22.20 $23.10 $24.00 $25.00 Flow Charge - Full Rate, hcf $1.23 $1.28 $1.33 $1.38 $1.44 $1.50 Minimum Base Rate - Annual $233.70 $242.80 $253.10 $263.30 $273.60 $285.00 Flow Charge - 95% Rate $1.19 $1.22 $1.30 $1.40 $1.50 $1.60 Minimum Base Rate w/Lndscp Credit $20.50 $21.30 $22.20 $23.10 $24.00 $25.00 Flow Charge - Lndscp Credit, hcf $1.18 $1.23 $1.28 $1.33 $1.43 $1.52 Industrial
Flow Charge, $/1000 gallons $1.55 $1.60 $1.70 $1.80 $1.90 $2.00 Biochemical Oxygen Demand, $/1000 pounds $168.00 $174.70 $181.70 $189.00 $196.60 $204.50 Suspended Solids, $/1000 pounds $186.00 $193.40 $201.10 $209.10 $217.50 $226.20 *Note: For clarity, rates that include the Annual Payment Discount or the reduction for Qualified Income are not shown.
3.B.a
Packet Pg. 325 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 3 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
Table 3. Garbage Rates Adopted in Resolution No. 20-55
Adopted in Resolution 20-55 *
Prior Implemented Implemented Review Before Implementation Customer Class and Service Type FY20 FY21 FY22 FY23 FY24 FY25 Rate Change Effective Date > 1-Feb-2020 1-Feb-2021 1-Feb-2022 1-Feb-2023 1-Feb-2024 1-Feb-2025 Adopted annual percent increase > 5.0% 5.0% 5.0% 4.0% 4.0% Implemented/Recommended annual percent increase > 5.0% 5.0% 5.0% 4.0% 4.0% Residential
Full Rate
Res Curbside 1 Blk $32.70 $34.30 $36.00 $37.80 $39.30 $40.90 Res Curbside 2 Blk $46.50 $48.80 $51.20 $53.80 $56.00 $58.20 Res Curbside 3 Blk $60.50 $63.50 $66.70 $70.00 $72.80 $75.70 Res Curbside 4 Blk $74.30 $78.00 $81.90 $86.00 $89.40 $93.00 Res Curbside 1 Blk + 1 Grn $35.50 $37.20 $39.00 $41.00 $42.60 $44.30 Res Curbside 1 Blk + 2 Grn $38.30 $40.10 $42.00 $44.20 $45.90 $47.70 Res Curbside 2 Blk + 1 Grn $49.40 $51.70 $54.20 $57.00 $59.30 $61.60 Res Curbside 2 Blk + 2 Grn $52.20 $54.60 $57.20 $60.20 $62.60 $65.00 Res Curbside 3 Blk + 1 Grn $63.20 $66.40 $69.70 $73.20 $76.10 $79.10 Res Curbside 4 Blk + 1 Grn $77.20 $80.90 $84.90 $89.20 $92.70 $96.40 Res Curbside 1 Blk + 3 Grn $41.20 $43.00 $45.00 $47.40 $49.20 $51.10 Res Curbside 1 Blk + 4 Grn $43.80 $45.90 $48.00 $50.60 $52.50 $54.50 Res Curbside #2 Blk Only $13.90 $14.60 $15.30 $16.10 $16.70 $17.40 Res Curbside #2 Blk + Grn $16.70 $17.50 $18.30 $19.30 $20.00 $20.80 Res Curbside 1 Grn Only $2.80 $2.90 $3.00 $3.20 $3.30 $3.40 Res Backyard 1 Blk $39.70 $41.70 $43.80 $46.00 $47.80 $49.70 Res Backyard 1 Blk + 1 Grn $49.40 $51.90 $54.50 $57.20 $59.50 $61.90 Res Curbside 2 Grn Only $5.60 $5.80 $6.00 $6.40 $6.60 $6.80 Multiple Dwelling
Duplex Curbside $65.00 $68.30 $71.70 $75.30 $78.30 $81.40 Duplex Curbside + 1 Grn $68.00 $71.20 $74.70 $78.50 $81.60 $84.80 Duplex Curbside + 2 Grn $70.00 $74.10 $77.70 $81.70 $84.90 $88.20 Duplex Curbside 2 Blk + 1 Grn $81.90 $85.80 $90.00 $94.60 $98.30 $102.20 Triplex Curbside $98.00 $102.90 $108.00 $113.40 $117.90 $122.60 Triplex Curbside + 1 Grn $101.00 $105.80 $111.00 $116.60 $121.20 $126.00 4-Plex Curbside $131.00 $137.60 $144.50 $151.70 $157.80 $164.10 4-Plex Curbside + 1 Grn $140.50 $147.50 $154.90 $161.10 $167.50 Commercial
Comm Curbside 1 Blk $32.70 $34.30 $36.00 $37.80 $39.30 $40.90 Comm Curbside 2 Blk $65.00 $68.30 $71.70 $75.30 $78.30 $81.40 Comm Curbside 2 Blk + 1 Grn $67.80 $71.20 $74.70 $78.50 $81.60 $84.80 Comm Curbside 3 Blk $98.00 $102.90 $108.00 $113.40 $117.90 $122.60 Comm Curbside 3 Blk + 1 Grn $105.80 $111.00 $116.60 $121.20 $126.00 Comm Curbside 1 Blk + 1 Grn $35.50 $37.20 $39.00 $41.00 $42.60 $44.30 Comm Curbside 9 Blk $294.00 $308.70 $324.00 $340.20 $353.70 $368.10 Comm Curbside 9 Blk + 1 Grn $311.60 $327.00 $343.40 $357.00 $371.50 Comm Backyard 1 Blk $39.70 $41.70 $43.80 $46.00 $47.80 $49.70 Comm Backyard 2 Blk $80.00 $83.40 $87.60 $92.00 $95.60 $99.40 Comm Backyard 1 Blk + 1 Grn $53.40 $56.10 $58.90 $61.80 $64.30 $66.90 Comm Curbside 1 Tubbie $148.00 $155.40 $163.20 $171.40 $178.30 $185.40 Comm Curbside 1 Tubbies + 1 Grn $158.30 $166.20 $174.60 $181.60 $188.80 Comm Curbside 2 Tubbies $294.00 $310.80 $326.40 $342.80 $356.60 $370.80 Comm Curbside 2 Tubbies + 1 Grn $313.70 $329.40 $346.00 $359.90 $374.20 Comm Curbside ANN 1 Blk $372.78 $391.02 $410.40 $430.92 $448.02 $466.26 Comm Curbside ANN 1 Blk + 1 Grn $404.70 $424.08 $444.60 $467.40 $485.64 $505.02 Comm Curbside 4 Blk + 1 Grn $133.00 $139.70 $146.70 $154.00 $160.20 $166.60 Comm Curbside ANN 3 Blk $1,117.20 $1,173.06 $1,231.20 $1,292.76 $1,344.06 $1,397.64 Comm Curbside ANN 1 Blk + 1 Grn $404.70 $424.08 $444.60 $467.40 $485.64 $505.02 Comm Curbside ANN Tubbie $1,687.20 $1,771.56 $1,860.48 $1,953.96 $2,032.62 $2,113.56 Comm Curbside ANN Tubbie + 1 Grn $1,774.46 $1,863.48 $1,957.16 $2,035.92 $2,116.96 Comm Curbside 2 Grn $5.60 $5.80 $6.00 $6.40 $6.60 $6.80 Comm Curbside 4 Grn $11.20 $11.60 $12.00 $12.80 $13.20 $13.60 Comm Curbside 6 Grn $16.80 $17.40 $18.00 $19.20 $19.80 $20.40 Comm Curbside 5 Grn Comm Curbside 5 Grn +1 Blk $46.70 $48.80 $51.00 $53.80 $55.80 $57.90 Comm Curbside 1 Blk + 2 Grn $38.30 $40.10 $42.00 $44.20 $45.90 $47.70 * Note: For clarity, Bulk rates and rates that include the Annual Payment Discount or the reduction for Qualified Income are not shown.
3.B.a
Packet Pg. 326 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 4 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
SECTION 2. EVALUATION OF WATER RATES AND CASH FLOW
Cash flow (expenditures, and target and ending fund balances); coverage ratios; and the percent increase in average Single Family monthly bills are shown below for the 2020 Rate Study (top figure) and the current evaluation (bottom figure). Note that current projections of the debt service coverage ratio exceed the technical minimum of 1.25 times Net Revenues in all years.
The current evaluation does not examine the impact on cash flow or rates related to operating and capital costs for a new water supply connection to the South San Joaquin Irrigation District (SSJID) water system.
Figure 1. Water Enterprise Fund Cash Flow
2020 Rate Study, FY21 – FY25 Cash Flow & Bills
2023 Review, FY23 – FY25 Cash Flow & Bills
1,720,000 1,670,000 1,730,000 1,790,000 1,850,000 1,910,000 1,980,000 2,040,000 790,000 780,000 780,000 780,000 790,000 780,000 780,000 780,000 870,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000
3.67x 2.70x 2.69x 2.66x 2.61x 2.62x 2.60x 2.58x
2% 2% 2% 2% 2% 2% 2% 2%
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
Operating Debt Service Transfer to Capital Coverage
End Balance Target Balance SF Mo. Bill % Δ
ACTUAL PROJECTED FORECAST
1,720,000 1,750,000 1,730,000
1,940,000 2,000,000 2,070,000 2,140,000 2,220,000
790,000 780,000 780,000
780,000 790,000 780,000 780,000 780,000
870,000
1,220,000 1,310,000 1,050,000 1,060,000 1,080,000 1,100,000 1,110,000
3.67x
2% 2.57x 2% 2.76x 2% 2.43x 2% 2.42x 2% 2.46x 2% 2.49x 2% 2.50x 2% $0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
Operating Debt Service Transfer to Capital Coverage
End Balance Target Balance SF Mo. Bill % Δ
ACTUAL REVIEW FORECAST
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Packet Pg. 327 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 5 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
The ending fund balance in FY25 (at the end of the review time frame) is projected to be approximately $440,000 less than projected in the 2020 Rate Study. The decrease is due to the following changes in cash flow over the remaining FY23 – FY25 period:
The beginning balance for FY23 was decreased by approximately $320,000 to reflect accounting changes not available before completion of the 2020 Rate Study; Revenues are projected to increase by approximately $230,000 due to a small increase in projected water sales;
Operating expenditures are projected to increase by approximately $460,000 due to increased costs for operating expenses; and
Transfers to capital reserves are decreased by $110,000.
At the end of FY25, the Capital Repair and Replacement Fund balance is projected to be approximately $6,900,000.
Based on review of the updated data, it is recommended that the City implement the rate increases adopted for implementation on February 1, 2023.
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Packet Pg. 328 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 6 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
SECTION 3. EVALUATION OF SEWER RATES AND CASH FLOW
The evaluation of rates in this TM involves only the update of projected expenditures, revenue from rates and number of accounts.
Cash flow (expenditures and target and ending fund balances), coverage ratios and the percent increase in average annual Single Family monthly bills are shown below for the 2020 Rate Study (top figure) and the current evaluation (bottom figure). Note that current projections of the debt service coverage ratio exceed the technical minimum of 1.25 times Net Revenues in all years until the debt service is retired in FY27.
Figure 2. Sewer Enterprise Fund Cash Flow
2020 Rate Study, FY21 – FY25 Cash Flow & Bills
2023 Review, FY23 – FY25 Cash Flow & Bills
1,000,000
1,090,000 1,140,000 1,160,000 1,200,000 1,240,000 1,280,000 1,320,000 200,000 200,000 160,000 200,000 190,000 200,000 190,000 250,000 0 360,000 360,000 360,000 360,000 360,000 360,000 240,000 460,000 140,000 290,000 320,000 350,000 390,000 420,000 470,000 2%
4% 4% 4% 4% 4% 4% 4%
$0
$1,000,000
$2,000,000
$3,000,000
FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
Operating Debt Service Transfer to Capital R&R Transfer to Capital Reserve End Balance Target Balance SF Mo. Bill % Δ
ACTUAL REVIEW FORECAST
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Packet Pg. 329 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 7 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
The ending fund balance in FY25 (at the end of the review time frame) is projected to be approximately $70,000 more than projected in the 2020 Rate Study. The increase is due to the following changes in cash flow over the remaining FY23 – FY25 period:
The beginning balance for FY23 was increased by approximately $153,000 to reflect accounting changes not available before completion of the 2020 Rate Study; Revenues are projected to increase by approximately $150,000 due to a small increase in projected revenue from commercial and industrial accounts; and
Operating expenditures are projected to increase by approximately $230,000 due to increased costs for state fees and utilities.
At the end of FY25, the Capital Repair and Replacement Fund balance is projected to be approximately $2,089,000. An expenditure of $2,000,000 in FY27 is planned for purchase and installation of catch basin grates and other trash capture devices. In October 2020, City Council agreed to collect $2 million over the next 7 years to meet State requirements for the Storm Water Trash Provisions. The Trash Provisions include the installation of catch basin grates and other trash capture devices to capture trash up to 5 millimeters, in high traffic areas. Staff plans to provide a technical analysis in 2023 with more information on the type of devices, locations, expenditures, etc., for Council to review and discuss.
At the end of FY25, the Capital Reserve Fund balance is projected to be approximately $2,266,000.
Based on review of the updated data, it is recommended that the City implement the rate increase adopted for implementation on February 1, 2023.
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Packet Pg. 330 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 8 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
SECTION 4. EVALUATION OF GARBAGE RATES AND CASH FLOW
The evaluation of rates in this TM involves only the update of projected expenditures, revenue from rates and number of accounts. The rate structure remains unchanged.
Cash flow (expenditures and target and ending fund balances) and the percent increase in average annual Single Family monthly bills are shown below for the 2020 Rate Study (top figure) and the current evaluation (bottom figure).
Figure 3. Garbage Enterprise Fund Cash Flow
2020 Rate Study, FY21 – FY25 Cash Flow & Bills
2023 Review, FY23 – FY25 Cash Flow & Bills
1,940,000 1,890,000
2,120,000 2,200,000 2,280,000 2,360,000 2,440,000 2,530,000 160,000 280,000
280,000 280,000 280,000 280,000 280,000 280,000
5% 5% 5% 5% 4% 4%
1% 1%
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
Operating Transfer to Capital End Balance Target Balance SF Mo. Bill % Δ
ACTUAL PROJECTED FORECAST
1,940,000
2,110,000
2,310,000 2,260,000 2,340,000 2,430,000 2,510,000
2,610,000
160,000
160,000
90,000 210,000
260,000
280,000 280,000
280,000
5% 5% 5% 5% 4% 4% 5% 5%
$0
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
FY20 FY21 FY22 FY23 FY24 FY25 FY26 FY27
Operating Transfer to Capital End Balance Target Balance SF Mo. Bill % Δ
ACTUAL REVIEW FORECAST
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Packet Pg. 331 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 9 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
The ending fund balance in FY25 (at the end of the review time frame) is projected to be approximately $510,000 less than projected in the 2020 Rate Study. The decrease is due to the following changes in cash flow over the remaining FY23 – FY25 period:
The beginning balance for FY23 was decreased by approximately $90,000 to reflect accounting changes not available before completion of the 2020 Rate Study; Revenues are projected to decrease by approximately $330,000 due to a lower number of residential cans than was used in the 2020 Rate Study;
Operating expenditures are projected to increase by approximately $190,000 due to increased costs for fuel and disposal fees; and
Transfers to capital reserves are decreased by $90,000.
At the end of FY25, the Capital Repair and Replacement Fund balance is projected to be approximately $133,000 and include the projected purchase of a new, $400,000 CNG Garbage Truck in FY24.
Based on review of the updated data, it is recommended that the City implement the rate increase adopted for implementation on February 1, 2023.
Rate increases forecast for FY26 and FY27 – the two-years following the five-year rate increases adopted based on the 2020 Rates Study – are changed from 1% per year to 5% per year. The change in forecast increases is in response to projected ending balances that are significantly below projected target ending balances during the time period FY23 – FY25.
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Packet Pg. 332 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 10 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
SECTION 5. EVALUATION OF SINGLE FAMILY MONTHLY BILLS
Single Family monthly bills based on implemented and adopted rates from the 2020 Rate Study are shown in the figure below. Monthly bills for FY23 – FY25 are based on recommendations to implement the rate increases adopted for FY23 along with no change to the adopted rate increases for FY24 and FY25.
Figure 4. Evaluation of Single Family Monthly Bills
Water - residential 1-inch meter, 16 hcf per month / Sewer - residential / Garbage - residential curbside 1 black + 1 green Established in Resolution 20-55
Prior Implemented Implemented Adopted
Monthly Bill FY20 FY21 FY22 FY23 FY24 FY25
Water $47.70 $48.62 $49.54 $50.56 $51.58 $52.60
Sewer $21.50 $22.40 $23.30 $24.20 $25.20 $26.20
Garbage $35.50 $37.20 $39.00 $41.00 $42.60 $44.30
Total $104.70 $108.22 $111.84 $115.76 $119.38 $123.10
Monthly $ ∆ FY20 FY21 FY22 FY23 FY24 FY25
Water $0.80 $0.92 $0.92 $1.02 $1.02 $1.02
Sewer $0.40 $0.90 $0.90 $0.90 $1.00 $1.00
Garbage $1.70 $1.70 $1.80 $2.00 $1.60 $1.70
Total $2.90 $3.52 $3.62 $3.92 $3.62 $3.72
Monthly % ∆ FY20 FY21 FY22 FY23 FY24 FY25
Water 2% 2% 2% 2% 2% 2%
Sewer 2% 4% 4% 4% 4% 4%
Garbage 5% 5% 5% 5% 4% 4%
Total 2.8% 3.5% 3.5% 3.5% 3.0% 3.0%
$48 $49 $50 $51 $52 $53
$22 $22 $23 $24 $25 $26
$36 $37 $39 $41 $43 $44
$105 $108 $112 $116 $119 $123
$0
$20
$40
$60
$80
$100
$120
$140
$160
$180
FY20 FY21 FY22 FY23 FY24 FY25
Garbage
Sewer
Water
Based on
Adopted Rates
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Packet Pg. 333 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) Technical Memorandum Evaluation of Garbage, Wastewater and Water Rates Adopted for February 1, 2023 11 Use of contents on this sheet is subject to the limitations specified at the beginning of this document.
SECTION 6. SUMMARY OF REGULATORY REQUIREMENTS EXPENDITURES A summary of FY22 expenditures related to regulatory requirements is shown in the table below.
Table 4. Summary of FY22 Regulatory Requirements Expenditures Enterprise Fund Total
Garbage $5,142
Halpin Compliance Solutions $5,142
Sewer $17,450
Stantec $9,365
WGR Southwest Inc. $8,085
Water $25,696
Provost & Pritchard Consulting Group $9,455
South San Joaquin Groundwater Sustainability Agency $16,241 Total $48,287
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Packet Pg. 334 Attachment: TM_final_f1-0_2023_rate_review (3674 : Utility Rate Study - Enterprise Funds Year 3 Update) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 12/13/2022
Subject: Grand Jury - Final Report
RECOMMENDED ACTION:
Approve and Authorize the Mayor to sign the letter of response to Grand Jury Case No. 0321 for Superior Court of California, County of San Joaquin regarding Cybersecurity: Local Defense Against a Global Threat.
BACKGROUND:
The 2021-22 San Joaquin County Grand Jury has published Case No. 0321, “Cybersecurity:
Local Defense Against a Global Threat” (see attached). In the published case the Grand Jury has made certain findings and recommendations to each entity surveyed within San Joaquin County.
The City of Ripon is required to respond to these findings and recommendations before December 31, 2022.
DISCUSSION/RESPONSE:
Staff has prepared a final letter to the Grand Jury (see attached file “Final City Council Response to Grand Jury”) responding to each finding and recommendation that is applicable to the City of Ripon.
Staff is requesting the City Council approve the final response to the Grand Jury. Following approval of the letter it will be submitted to the San Joaquin County Grand Jury as the City of Ripon’s official response.
FISCAL IMPACT:
None.
Attachments:
1. FINAL_Grand Jury Response
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Packet Pg. 335
2. Organization Chart
3. Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat
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Packet Pg. 336
December 14, 2022
Honorable Michael D. Coughlan, Presiding Judge
Superior Court of California, San Joaquin County
180 E. Weber Ave, Suite 1306J
Stockton, California 95202
Dear Judge Coughlan,
The City of Ripon welcomes the opportunity to respond to the 2021-2022 San Joaquin Grand Jury Case #0321 Report (the “Report”) regarding Cybersecurity. The City of Ripon always welcomes independent review of its information technology systems, and thanks the Grand Jury for its efforts.
The City of Ripon has reviewed the Report and implemented many of its recommendations. The City of Ripon would also like to take the opportunity to address the Report’s specific findings and recommendations.
By way of background, the City of Ripon’s IT Department experienced a significant amount of turnover over the last couple of years. Prior to the beginning of the information gathering stage by the Grand Jury, the City’s only full-time Information Technology Technician that had been in this position for 15 years had resigned. During the information gathering stage, the City had just filled the full-time Information Technology Technician position, but unfortunately this individual resigned shortly after the completion of the information gathering stage because of a lack of the technical skill level and experience to function in this position.
Since the completion of the Grand Jury investigation and as part of the Fiscal Year 2022-23 budget, the City has created a second full-time Information Technology Technician position so there would be overlap in the understanding of department operations in the event an individual resigns in the future.
The City is confident that these measures will address the areas of concern outlined in the Report.
Grand Jury Findings and City Responses:
In responding to the Grand Jury’s Findings, we note each finding and the City of Ripon’s response follows.
F6.1 It is unclear in the City of Ripon’s Organizational Chart where responsibilities for IT and IT security lie, creating confusion over who is responsible to act in a disruptive event.
The City of Ripon respectfully disagrees with this finding for the reasons set forth below.
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Packet Pg. 337 Attachment: FINAL_Grand Jury Response (3661 : Grand Jury - Final Report) The IT Department is organized into Information Technology Technician level I and II, with the tier II technician reporting directly to the Lieutenant of the Ripon Police Department. The Police Department’s organizational chart (see attached) depicts the relationship between the two IT positions and the Lieutenant. In a disruptive event it is clear that the technicians within the IT Department, as well as all identified vendors and contractors, respond to, preserve and reinstate functions at the City of Ripon, under the supervision of the Lieutenant.
At this time, both Information Technology Technician positions are filled and both employees have been fully briefed as to the organizational structure.
F6.2 The City of Ripon has a rudimentary network diagram outlining the City’s router and firewall relationship with networks used, but the diagram lacks detail, leaving uncertainty about data security.
The City of Ripon respectfully disagrees with the finding. The City of Ripon has contracted with Waypoint Network Solutions for the last 15 years to assist in creating very detailed diagrams of network structure including documentation on router and firewall settings. Both of the City’s Information Technology Technicians understand these diagrams and work with Waypoint Network Solutions as updates are periodically needed when improvements are made to increase the security of the City’s network.
F6.3 Although the City of Ripon met expectations in the areas of data confidentiality and security, lack of IT staff and leadership leaves these areas vulnerable to cyberattack.
The City of Ripon has addressed this Finding as to staffing following the information-gathering phase of the Report. The City of Ripon has created a second full time position as part of the Fiscal Year 2022-23 budget. The City has filled both full-time positions since the completion of the information-gathering phase.
The City of Ripon respectfully disagrees with the finding regarding lack of leadership. The IT team leader reports directly to the Lieutenant of the Ripon Police Department for status updates and administrative decisions.
F6.4 The City of Ripon Lacks a Business Continuity Plan, rendering the City relatively unprepared to restore essential services in a disruptive event.
The City of Ripon has addressed this finding following the information-gathering phase of this Report. The City of Ripon has drafted a formal plan for business continuity as part of the City’s Network Security Plan (see attached) that was approved by the City Council on December 13, 2022.
F6.5 The City of Ripon does not have a Disaster Preparedness Plan, leaving the City at risk for significant delay and cost to restore IT systems in the event of a disaster.
The City of Ripon has addressed this finding following the information-gathering phase of this Report. Many of the disaster response measures were already in place prior to the informationgathering phase. To avoid the confusion of utilizing multiple plans in the event of a ransomware attack, the City of Ripon has drafted the elements of the disaster preparedness plan as part of the City’s Network Security Plan.
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Packet Pg. 338 Attachment: FINAL_Grand Jury Response (3661 : Grand Jury - Final Report) F6.6 The City of Ripon does not have a formal policy or procedure to address ransomware attacks. This absence of policy could cause confusion, delay and greater loss of security in the event of an attack.
The City of Ripon has addressed this finding following the information-gathering phase of this Report. Many of the measures to address a ransomware attack were already in place prior to the information-gathering phase. To avoid the confusion of utilizing multiple plans in the event of a ransomware attack, the City of Ripon has incorporated the elements of the ransomware attack response as part of the Network Security Plan.
Grand Jury Recommendations and City Responses:
In responding to the Grand Jury’s recommendations, we note each recommendation and the City of Ripon’s response follows.
R6.1 By January 1, 2023, the Ripon City Council develop and make public an updated City Organizational Chart showing details of the City’s IT functions, including all IT positions.
The City of Ripon has updated its organizational chart to show the changes made to our current staff positions (see attached).
R6.2 By January 1, 2023, the Ripon City Council develop and adopt a detail Network Diagram to decrease system vulnerabilities.
The City of Ripon already has developed and adopted highly detailed networks diagrams that are kept confidential and secure internally. The City of Ripon recognizes the importance of maintaining network documentation and will continually maintain its network documentation consistent with the Grand Jury’s recommendation.
R6.3 By January 1, 2023, the Ripon City Council obtain a third-party security review of the City’s IT department assets, positions, and policies and an evaluation of data confidentiality, security systems and protocols.
The City of Ripon has obtained the third-party firm “Resolute Guard” to perform an independent review of the City’s IT department assets, which has been completed. The City of Ripon’s IT department has incorporated the recommendations of this third-party review into the operations of the IT department, consistent with the Grand Jury’s findings.
R6.4 By January 1, 2023, the Ripon City Council develop, adopt and implement a formal Business Continuity Plan.
The City of Ripon has conducted an internal review of its network and developed the elements of the business continuity plan as part of the City’s Network Security Plan that is accessible to the IT department and relevant Response Team Members. This plan was adopted by the City Council on December 13, 2022 and will be continually reviewed and updated to stay current and effective with evolving technologies.
R6.5 By January 1, 2023, the Ripon City Council develop, adopt and implement a formal Disaster Preparedness Plan.
The City of Ripon has conducted an internal review of its network and incorporated the elements of the Disaster Preparedness Plan as part of the City’s Network Security Plan previously described.
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Packet Pg. 339 Attachment: FINAL_Grand Jury Response (3661 : Grand Jury - Final Report) R6.6 By January 1, 2023, the Ripon City Council develop, adopt and implement a formal internal policy and procedure for response to a ransomware attack.
The City of Ripon has conducted an internal review of its network and incorporated the elements of responding to a ransomware attack as part of the City’s Network Security Plan previously described.
The City of Ripon would like to once again thank the Grand Jury for its effort in their review of the City’s security posture. The City of Ripon agrees that it is vital that all local municipalities implement sufficient safeguards to protect their information systems and continue to supply vital resources to their constituents.
Please contact Kevin Werner, City Administrator at (209) 599-2108 or [email protected] if there is anything further that you require.
Michael Restuccia, Mayor
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Packet Pg. 340 Attachment: FINAL_Grand Jury Response (3661 : Grand Jury - Final Report) Ripon Police Department
Organizational Chart
Chief of Police
Lieutenant
Investigations
Sergeant
General
Detective
Special
Investigator
Narcotics/Gangs
School
Resource
Officer
Patrol
Sergeants
Patrol
Officers
Reserve
Officers
Communications
Supervisor
Dispatchers
Information &
Technology
Technician II
Information &
Technology
Technician I
Community
Service
Officers
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Packet Pg. 341 Attachment: Organization Chart (3661 : Grand Jury - Final Report) 2021−2022 San Joaquin County Grand Jury
Working Title 1: Working Title 2 (Case No. xx20)
San Joaquin County and Its Seven Cities:
Cybersecurity: Local Defense Against a Global Threat
Case #0321
Summary
We hear reports on a daily basis of cyberattacks occurring around the world. These attacks are becoming increasingly sophisticated, disruptive and expensive. Attacks on government agencies can disrupt essential services, crippling communities. Agencies small and large are equally vulnerable. There is an ever-growing demand for stolen data in an underground market.
Compromise of information has proven to be a serious threat on the cyber battleground, both domestically and internationally. Bad actors hack intelligence, media and essential service systems.
Other disasters such as floods, fires, storms or prolonged power outages can interrupt essential services if providers’ information systems are not adequately secure. According to one expert witness interviewed by the 2021-2022 Grand Jury, “World War III will be fought in cyberspace, not on the battlefield.”
Grand Jury members are not technical experts but sought to understand the cybersecurity landscape and local governments’ management of their cybersecurity risks and vulnerabilities. In this investigation of information security of San Joaquin County and its seven cities, the 2021-2022 Grand Jury made a “point in time” assessment of each entity’s Information Systems Department (ISD), focusing primarily on cybersecurity. The Grand Jury considered nine elements of any ISD and, through research of relevant literature and input from industry experts, established an expected standard for each of those elements. The Grand Jury then evaluated each of the agencies with respect to those expectations.
The Grand Jury concluded that San Joaquin County (SJC) has mature and robust security policies and systems. The County’s security architecture provided a model in evaluating each city’s systems.
The Grand Jury determined that Escalon, Lodi and Stockton met a lay person’s expectations for cybersecurity but were lacking either a formal Business Continuity Plan (BCP) or Disaster
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Packet Pg. 342 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 2 Preparedness Plan (DPP). Lathrop, Manteca and Tracy were found to have adequate security systems in place but lack documented plans for both Business Continuity and Disaster Preparedness. Ripon was found to need improvement in meeting several of the Grand Jury’s expectations, with lack of personnel being their greatest challenge.
The Grand Jury recommends that the County and affected cities:
• develop, adopt and implement a Business Continuity Plan; • develop, adopt and implement an IT Disaster Preparedness Plan; • remedy specific cybersecurity risks found in this investigation; and • the City of Ripon undergo a data system security review by an expert third party to assess the City’s IT systems and protocols.
The Grand Jury recognizes that cybersecurity is a dynamic process, a continually moving target which needs constant monitoring and updating.
Glossary
• Access: The ability and means to communicate with or otherwise interact with a system; to use system resources to manage information; to gain knowledge of the information the system contains; to control system components and functions.
• Actor, bad actor, threat actor or attacker: An individual, group, organization or government that attempts or executes an attack.
• Attack: An intentional attempt to gain unauthorized access to system services, resources or information; an attempt to compromise system integrity. • Authentication: The process of verifying the identity or other attributes of an entity (user, process or device).
• Authorization: A process of determining, by evaluating applicable access control information, whether a subject is allowed to have the specified types of access to a particular resource. • BCP: Business Continuity Plan. A document that sets forth procedures for the continued performance of core capabilities, critical operations and user services during any disruption or potential disruption.
• CCISDA: California County Information Services Directors Association. This is the official organization of the county IT directors and chief information officers throughout the state of California. CCISDA represents all 58 California counties in the area of information technology in county government.
• CIO: Chief Information Officer.
• Computer Aided Dispatch Systems: Used by dispatchers, call-takers, and 911 operators to prioritize and record incident calls, identify the status and locations of responders in the field and effectively dispatch responders.
• Confidentiality: A property of information that is not disclosed to users, processes or devices unless they have been authorized to access the information. • Cyber event or incident: An occurrence that actually or potentially results in adverse consequences to an information system or the information that the system processes, stores or transmits and that may require a response action to mitigate the consequences. An occurrence that constitutes a violation or imminent threat of violation of security policies, security procedures or acceptable use policies.
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Packet Pg. 343 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 3 • Cybersecurity: The activity, process, ability, capability or state whereby information and communications systems and the information contained therein are protected from and/or defended against damage, unauthorized use, modification or exploitation. • DPP: Disaster Preparedness Plan. A document that sets forth policies and procedures for restoration of information systems after a critical incident or event from any source. The plan addresses interim restoration of information operations in the short and medium term and full restoration of all capabilities in the longer term.
• Data integrity: The property that data is complete, intact and trusted and has not been modified or destroyed in an unauthorized or accidental manner.
• Data security policy: A rule or set of rules that governs the acceptable use of an organization's information and services to a level of acceptable risk and the means for protecting the organization's information assets.
• Encryption: The process of converting data into a form that cannot be easily understood by unauthorized people or agents.
• Firewall: A capability to limit network traffic between networks and/or information systems. A hardware/software device, or a software program, that limits network traffic according to a set of rules of what access is and is not allowed or authorized. • Hacker: An unauthorized user who attempts to or gains access to an information system. • ISD: Information Systems Department.
• IT: Information Technology.
• KnowB4: A proprietary security awareness training platform. KnowB4 is used by agencies for simulated phishing activities and other email compromise tests, as well as for other IT security training needs.
• Malware: Software that compromises the operation of a system by performing an unauthorized function or process.
• Mobile device management tool: A security software tool designed to help organizations secure, manage and monitor mobile devices such as smartphones and tablets. • Multi-factor authentication: An electronic authentication mechanism in which a user is granted access to an application only after presenting two or more pieces of evidence (factors or keys only the authentic user knows or possesses).
• Multi-layer security access: Multi-layer security refers to a system that uses numerous components to shield the IT infrastructure. It is a defense mechanism that mitigates, delays or prevents threats.
• Network or cyber infrastructure: The information and communication systems and services composed of all hardware and software that process, store and communicate information; any combination of all these elements.
• Next-generation systems: Security systems consisting of both firewall and intrusion prevention systems built in, rather than as add-ons, along with the features of basic firewalls. • Phishing: A digital form of social engineering to deceive individuals into providing sensitive information.
• Phishing test: A security training exercise designed to test users’ vulnerability and reinforce vigilance.
• Presidential Executive Order 14028: “Improving the Nation’s Cybersecurity” (issued May 12, 2021) requires agencies to enhance their cybersecurity system integrity.
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Packet Pg. 344 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 4 • Ransomware: A type of malicious software designed to block access to a computer system until a sum of money is paid.
• Ransomware attack response plan: A set of predetermined and documented procedures to detect and respond to a cyber incident involving demand for ransom for recovery and restoration of data or systems.
• Records Management System: The management of records for an organization throughout the records’ life cycle.
• Redundancy: Additional or alternative systems, sub-systems, assets or processes that maintain a degree of overall functionality in case of loss or failure of another system, sub-system, asset or process. Typically applied to power supplies and data backup systems. • Vulnerability: A characteristic or specific weakness that renders an organization or asset (such as information or an information system) open to exploitation by a given threat or susceptible to a given hazard.
Wi-Fi network: A family of wireless network protocols used for local area networking of devices and internet access, allowing nearby digital devices to exchange data by radio waves.
Background
The 2008-2009 San Joaquin County Grand Jury reported on information technology security, finding that several County departments and two of the seven cities in the county met expectations for Information Technology (IT) security, while some County departments and five cities did not.
Recommendations were made and generally accepted in agency responses. In terms of technology, 2008-2009 was at least a generation ago. Government agencies use and store vast amounts of sensitive data on their residents and their employees, including personal identification data, financial data, health data and legal data. Additionally, these agencies provide services essential to our day-to-day lives, including public safety (police and fire), public works, health services, water services and community development. The Grand Jury recognizes that we are lay people, hardly experts, in the field of IT. It was the intent of the 2021-2022 Grand Jury to examine how the county and city governments within San Joaquin County are exercising due diligence to protect information, defend against future cyberattacks, maintain current disaster plans and provide ongoing training to employees in these matters.
Reason for Investigation
As stated in Presidential Executive Order 14028, “…the prevention, detection, assessment and remediation of cyber incidents is a top priority and essential to national economic security.” San Joaquin County has experienced ransomware and cybersecurity attacks firsthand. School districts, municipalities and county agencies have been victimized in recent years. Given the rise in complexity of IT, the current sophistication of cybercrime, and the essential nature of government services provided, the 2021-2022 Grand Jury undertook an investigation into the current state of security and disaster preparedness of the IT systems of San Joaquin County and the seven incorporated cities within the county.
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Packet Pg. 345 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 5 Method of Investigation
The 2021-2022 Grand Jury surveyed six San Joaquin County IT department heads and the City Manager or City Administrator of each of the seven cities in the county; each responded to the survey. Subsequently, an agency IT department head or staff member, an IT consultant or a city administrator was interviewed to clarify responses and to provide additional material when applicable. The Grand Jury also interviewed independent cybersecurity experts. The expert witnesses have collectively more than 50 years’ experience at diverse levels of government ranging from county to state to national information systems and cybersecurity. IT executives from one school district were also interviewed. For this investigation, the Grand Jury interviewed 16 individuals and attended cybersecurity presentations.
The Grand Jury also reviewed numerous websites and newspaper and magazine articles relevant to this investigation. Additionally, the Grand Jury reviewed documents provided, including network diagrams, ransomware insurance policies and other items.
Materials Reviewed
• 2021-2022 San Joaquin County Grand Jury surveys
• Biden, Joseph. Executive Order on Improving the Nation’s Cybersecurity. 12 May 2021.
Executive Order#14028
• California Joint Cyber Incident Response Guide. California Office of Emergency Services Cyber Security Integration Center, 2 Aug. 2021
• Cyber Atack Preparedness in Contra Costa County. Contra Costa County Civil Grand Jury, 2021. Report 2104
• Digital Services and Innovation Strategy. San Joaquin County, 19 Nov. 2020 • How to Develop a Ransomware Remediation Plan. Rubrik, 2021 • Information Technology Security. 2018-2019 Santa Barbara County Grand Jury, 2019 • Information Technology Security: Cities and San Joaquin County. 2008/2009 San Joaquin County Grand Jury, 2009. Report No.03-08
• Ransomware Defense for Dummies--2nd Edition. 2nd ed., Cisco Umbrella, 2021 Websites Visited
• Cybersecurity & Infrastructure Security Agency. “CYBERSECURITY | CISA.” Cisa.gov, Cybersecurity and Infrastructure Security Agency, 2019, www.cisa.gov/cybersecurity. Accessed 6 May 2022.
• Federal Trade Commission, and Alvaro Puig. “Cybersecurity Advice to Protect Your Connected Devices and Accounts.” Sjgov.org, 24 Mar. 2022, www.sjgov.org/department/da/consumeralerts/consumer-alerts/2022/03/24/cybersecurity-advice-to-protect-your-connected-devices-andaccounts. Accessed 6 May 2022. • Kuykendall, By Kristal. “Cybersecurity Experts Call for More Transparency and Immediate Resources for Schools -.” The Journal, 17 Mar. 2022,
thejournal.com/Articles/2022/03/17/Cybersecurity-Experts-Call-For-More-Transparency-andImmediate-Resources-for-Schools.aspx?Page=1. Accessed 6 May 2022.
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Packet Pg. 346 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 6 • Marcum Accounts Advisors. “What Is a SOC 2?” The SSAE 18 Reporting Standard - SOC 1 - SOC 2 - SOC 3 (Formerly SSAE 16), 8 Jan. 2022, www.ssae-16.com/faq/what-is-a-soc-2/.
Accessed 30 Apr. 2022.
• National Institute for Cybersecurity Careers and Studies. “Cybersecurity Glossary | National Initiative for Cybersecurity Careers and Studies.” Niccs.cisa.gov, niccs.cisa.gov/aboutniccs/cybersecurity-glossary. Accessed 6 May 2022. • Unisys. “Cyber Attacks--What You Need to Know.” Unisys, 2022, www.unisys.com. Accessed 6 May 2022.
Discussions, Findings and Recommendations
General Discussion
The Grand Jury recognizes cybersecurity is an extremely complicated topic. Specialized knowledge, experience and expertise are required for a deep understanding of what is necessary for adequate policies, systems and architecture. Lacking such specialized knowledge, the Grand Jury researched numerous sources, including recognized experts in this field to determine the following elements of any ISD and to define the following expectations for adequate cybersecurity in today’s environment.
Expectations
• Organization: Each organization should have a detailed Organization Chart demonstrating the structure of its independent IT department. Cities lacking an independent IT department should have a chart showing where IT resides in their overall structure. • Network Diagram: Each organization should have a detailed network diagram indicating the relationships between all IT architectural elements. Best-practice guidelines suggest that this diagram be confidential.
• Data Confidentiality: Each organization should have an organization-wide policy determining data confidentiality and access control. Policy for data access should be clearly defined and deskspecific or station-specific. • Data Security: Each organization should have next-generation systems and controls to ensure both physical and cyber security for all IT assets. Next-generation firewalls and endpoint management systems provide protection against ever-evolving means of cyberattack. Data should be protected with daily or continuous backup and archival systems. Backups should be protected against corruption, external encryption and/or destruction. Agencies should require multi-factor authentication for access to network systems. • Business Continuity Plan (BCP): Each organization should have a detailed, current, comprehensive plan for restoring services in the event of disruption from any source. • Disaster Preparedness Plan (DPP): Each organization should have a formal, detailed plan to prepare for various possible IT disruptions. This plan should be tested frequently and updated regularly.
• Ransomware Policy: Each organization should have an internal (confidential) documented policy for agency response to a ransomware attack.
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Packet Pg. 347 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 7 • Cyber Event Insurance: Each organization should have insurance coverage to help offset economic losses from cyber events.
• Ongoing Employee Training: Each organization should provide rigorous, frequent training and ongoing testing of all employees as an integral part of its cybersecurity profile.
Survey Results:
The table below indicates whether an agency met (M), did not meet (NM) or was in the process of meeting (IP) the nine defined expectations.
Org
Chart
Network
Diagram
Data
Confidentiality
Data
Security
BCP DPP Ransomware
Policy
Cyber
Insurance
Training
SJC M M M M M M NM M M
Escalon M M M M NM M M M M
Lathrop M M M M NM M NM NM M
Lodi M M M M IP M M M M
Manteca M M M M M M IP IP M
Ripon M M M M NM NM NM M M
Stockton M M M M M M NM M M
Tracy M M M M IP IP NM M M
1.0 San Joaquin County−Discussion
In November 2020, San Joaquin County released a three-year (2020-2023) strategic plan for ensuring continuing security, efficacy, cost-effectiveness and best-service outcomes to all end-users of County services and systems. The plan document “San Joaquin County Digital Services and Innovation Strategy” established goals for County digital service systems. These goals— Modernizing and Leveraging Our Technology Environment—address objectives for a security posture:
1. Acquire and implement cybersecurity technology to enable SJC to develop industry-leading capabilities to help mitigate and address cybersecurity risk.
2. Develop and mature security governance and processes to meet or exceed industry standards, enhance security enforcement partnerships, and strengthen County practices.
3. Develop a robust security training program for the County workforce, including enhanced training and development for the security workforce.
Excerpt from “San Joaquin County Digital Services and Innovation Strategy,” November 19, 2020 (page 6) San Joaquin County has met these objectives and continues to update and enhance these processes as the cybersecurity landscape continues to evolve.
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Packet Pg. 348 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 8 San Joaquin County ISD oversees all County departments, making it one of the largest county ISDs in California. San Joaquin County ISD is an active participant in the California County Information Systems Department Association (CCISDA). This association provides opportunities for counties to share information and experiences and offers guidance, such as standards for best-practice policies.
Several large and specialized departments within the County have their own IT departments and department chiefs who report to the County’s Chief Information Officer. Additionally, SJC has a dedicated Information Security Officer. All these IT executives form a cybersecurity governance committee which meets monthly, with subgroups meeting more frequently as needed.
County ISD and Human Resource Departments conduct frequent and on-going employee training and testing using proprietary software. In addition to these County departments, several Independent Special Districts in SJC use County IT services through various memoranda of understanding.
The only element of the defined expectations not met by SJC is having an internal documented policy for response to a ransomware attack.
San Joaquin County is a model agency in the realm of information technology and maintenance of cybersecurity.
Findings
F1.1 San Joaquin County does not have a formal internal policy concerning payments or procedures in ransomware attacks. This absence of policy could cause confusion, delay and greater loss of security in the event of such an attack.
F1.2 San Joaquin County has an exemplary profile regarding cybersecurity and should serve as a model for other government agencies within San Joaquin County.
Recommendations
R1.1 By November 1, 2022, the San Joaquin County Board of Supervisors, in conjunction with San Joaquin County ISD, develop, adopt and implement a formal internal policy and procedure for response to a ransomware attack.
2.0 City of Escalon−Discussion
The City of Escalon does not have an independent IT department but has a contract agreement with Mid Valley IT to provide all IT services. In the City organization, IT functions report to the Finance and HR Directors. Each employee is given a level of access according to assigned responsibilities within their department. All employees receive information security training specific to their responsibilities as well as general security awareness training. The IT consultant employs an aggressive multi-layered approach to mitigate security threats through software and hardware protection measures. Critical or confidential data is stored in multiple cloud-based locations and systems employing numerous safeguards, including use of multi-factor authentication for access.
IT functions are protected with a standby generator and redundant backups in case of a system failure. The generator is tested periodically for functionality.
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Packet Pg. 349 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 9 The City of Escalon met all but one of the expectations for adequate cybersecurity. Escalon is by far the smallest city in San Joaquin County, but by using a contracted IT service provider, Escalon is meeting its cybersecurity needs. The City of Escalon does not have a documented Business Continuity Plan.
Findings
F2.1 The City of Escalon does not have a documented Business Continuity Plan, leaving the City relatively unprepared to restore essential services in a disruptive event.
Recommendations
R2.1 By January 1, 2023, the Escalon City Council, in conjunction with Mid Valley IT, develop, adopt and implement a Business Continuity Plan.
3.0 City of Lathrop−Discussion
The City of Lathrop met six of the expectations for the nine elements considered in this investigation. Lathrop’s IT organization includes a Director of Information Technology at the cabinet leadership level, a policy strongly recommended by an IT expert for maximum IT security. Including the Director of IT in frequent, regular meetings with other department heads allows effective communication of IT security needs to all City departments.
Expectations for data confidentiality and data security were met. However, use of multi-factor authentication for system access was not universal at the time of this investigation, leaving Lathrop at higher risk of attack. Lathrop provides an unsecured public Wi-Fi network, separate from the City’s secure business network and accessible to any user. Hackers or other bad actors could take advantage of the unsecured network, possibly resulting in compromise of log-in credentials from that network and possibly exposing the City to costly liability suits. Lathrop was in the process of developing and approving a BCP and DPP plan at the time of this investigation. Similarly, the City was updating an internal policy for response to a ransomware attack. At the time of this investigation, Lathrop lacked insurance against losses incurred in a cybersecurity incident.
Findings
F3.1 The City of Lathrop does not employ multi-factor authentication universally, leaving City systems more vulnerable to the activities of bad actors.
F3.2 The City of Lathrop provides an unsecured public Wi-Fi network. Misuse of this unsecured network could expose the City to liability risks.
F3.3 The City of Lathrop does not have an approved Business Continuity Plan, rendering the City relatively unprepared to restore essential services in a disruptive event.
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Packet Pg. 350 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 10 F3.4 The City of Lathrop does not have a formal internal policy or procedure to address ransomware attacks. This absence of policy could cause confusion, delay and greater loss of security in the event of such an attack.
F3.5 The City of Lathrop does not have an insurance policy covering financial losses from a cyberattack, possibly exposing City financial resources.
Recommendations
R3.1 By November 1, 2022, the Lathrop City Council, in conjunction with the City’s IT department, develop, adopt and implement a procedure for universal multi-factor authentication for access to City data.
R3.2 By November 1, 2022, the Lathrop City Council, in conjunction with the City’s IT department, provide a secure public Wi-Fi network.
R3.3 By January 1, 2023, the Lathrop City Council, in conjunction with the City’s IT department, develop, adopt and implement a Business Continuity Plan.
R3.4 By November 1, 2022, the Lathrop City Council, in conjunction with the City’s IT department, develop, adopt and implement a formal internal policy and procedure for a ransomware attack.
R3.5 By January 1, 2023, the Lathrop City Council, in conjunction with the City’s IT department, obtain an insurance policy to mitigate fiscal impact resulting from cyberattack or other critical information system loss.
4.0 City of Lodi−Discussion
The City of Lodi has a large IT division, responsible for all IT functions of the City. The division is responsible for the integrity of the City’s cyber infrastructure, maintenance and support of all hardware and software, and assuring secure access to all network resources. Lodi fell victim to a ransom attack in April 2019. That unfortunate event caused the City to change its management of cybersecurity, significantly elevating the importance of vigilance by all City staff. Lodi has implemented a robust cyber awareness training program for all City employees, incorporating education in tactics used by bad actors both inside and outside the City’s network. Monthly training is followed by testing in topics covered. Citywide campaigns occur quarterly to test employee response to phishing and other email-based attacks. The IT division head reports directly to the Deputy City Manager and meets regularly with all City department heads. The City of Lodi met all expectations for cybersecurity except for having a completed, up-to-date Business Continuity Plan.
The City has contracted a business consulting firm to create a BCP, projected to be completed and implemented by the end of June 2022.
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Packet Pg. 351 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 11 Findings
F4.1 The City of Lodi does not have an approved Business Continuity Plan, rendering the City relatively unprepared to restore essential services in a disruptive event.
F4.2 The City of Lodi has implemented an excellent cyber awareness training program for all employees minimizing risk to damage from cyberattack.
Recommendations
R4.1 By January 1, 2023, the Lodi City Council, in conjunction with the City’s IT division, develop, adopt and implement a Business Continuity Plan.
5.0 City of Manteca−Discussion
The City of Manteca met seven of the nine expectations considered in this investigation. Manteca’s Information Technology department is independent in the City’s organization. The department director reports directly to the City Manager and meets weekly with other City department heads.
User level of access is determined by position, background and other departmental factors.
Employees are trained on a regular basis. The training is mandatory for all employees. Hard drives are encrypted, and a Mobile Device Management tool is used for tablets, laptops and phones.
Manteca’s ISD is currently updating its Information Technology Security Policy. This comprehensive policy has not been updated since 2010. Manteca’s Department of Information Technology and Innovation is collaborating with City administration and the City Attorney to update all policies relating to information technology security. Similarly, the City is in the process of bringing both hardware and software systems up to next-generation standards with new firewall, malware, user access, backup systems and applications in place. Employee training is executed through KnowB4, an industry-standard cybersecurity training program which includes phishing and other email compromise testing.
Regarding firewalls and switches, roughly 60% still operate off single rather than dual or redundant power supplies. Over the next five years, the City is phasing out older devices as they reach end-oflife.
Findings
F5.1 The City of Manteca has an Information Technology Security Policy which has not been updated since 2010, leaving the City relatively unprepared for a cyber event.
F5.2 The City of Manteca lacks a policy and procedure for ransomware attacks. This absence of policy could cause confusion, delay, and greater loss of security in the event of such an attack.
F5.3 The City of Manteca has a significant number of security devices with single power supplies.
This lack of redundant power presents vulnerability in major or prolonged power outages.
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Packet Pg. 352 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 12 Recommendations
R5.1 By January 1, 2023, the Manteca City Council, in conjunction with the City’s ISD, develop, approve and implement an updated Information Technology Security Policy.
R5.2 By January 1, 2023, the Manteca City Council, in conjunction with the City’s ISD, develop, approve and implement a confidential policy and procedure for response to a ransomware attack.
R5.3 By March 1, 2023, the Manteca City Council, in conjunction with the City’s ISD, develop, approve and adopt an updated timeline to replace single-powered units with dual-powered or redundant-powered units in their network architecture.
6.0 City of Ripon−Discussion
The City of Ripon has experienced turnover and vacancies in the IT Department in the past year.
The Director of IT resigned in early 2021. Subsequently, another IT Director was hired but resigned within three months. The City has contracted with a former IT employee as a temporary IT Director and is currently updating the job description for a permanent director of the IT functions.
The City’s organization chart does not include an IT department or department head. The only IT position shown is within the Police Department.
Data confidentiality is maintained through a three-tiered access structure. Management supervisors for each City department determine who has access to appropriate information.
Sensitive data is held within a Computer Aided Dispatch Program or a Records Management System within the IT division of the Ripon Police Department. The sensitivity of data with all other City departments is determined by supervisors.
Findings
F6.1 It is unclear in the City of Ripon’s Organization Chart where responsibilities for IT and IT security lie, creating confusion over who is responsible to act in a disruptive event.
F6.2 The City of Ripon has a rudimentary network diagram outlining the City’s router and firewall relationship with networks used, but the diagram lacks detail, leaving uncertainty about data security.
F6.3 Although the City of Ripon met expectations in the areas of data confidentiality and security, lack of IT staff and leadership leaves these areas vulnerable to cyberattack.
F6.4 The City of Ripon lacks a Business Continuity Plan, rendering the City relatively unprepared to restore essential services in a disruptive event.
F6.5 The City of Ripon does not have a Disaster Preparedness Plan, leaving the City at risk for significant delay and cost to restore IT systems in the event of a disaster.
F6.6 The City of Ripon does not have a formal policy or procedure to address ransomware attacks. This absence of policy could cause confusion, delay and greater loss of security in the event of an attack.
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Packet Pg. 353 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 13 Recommendations
R6.1 By January 1, 2023, the Ripon City Council develop and make public an updated City Organization chart showing details of the City’s IT functions, including all IT positions.
R6.2 By January 1, 2023, the Ripon City Council develop and adopt a detailed Network Diagram to decrease security vulnerabilities.
R6.3 By January 1, 2023, the Ripon City Council obtain a third-party security review of the City’s IT department assets, positions, and policies and an evaluation of data confidentiality, security systems and protocols.
R6.4 By January 1, 2023, the Ripon City Council develop, adopt and implement a formal Business Continuity Plan.
R6.5 By January 1, 2023, the Ripon City Council develop, adopt and implement a formal Disaster Preparedness Plan for IT functions.
R6.6 By January 1, 2023, the Ripon City Council develop, adopt and implement a formal internal policy and procedure for response to a ransomware attack.
7.0 City of Stockton−Discussion
The City of Stockton has a large IT department that oversees IT functions for all the City’s other departments. Data confidentiality and user access are determined departmentally, following uniform standards. Information is protected by many safeguards aiming not only to minimize risk of penetration but also to detect any breach that might occur. Stockton has both a BCP and a DPP.
Stockton is one of very few cities having license to use a cybersecurity tool integrating the City with the State of California’s Office of Emergency Services. Stockton’s IT Director meets weekly with other department heads, updating them on all matters related to cybersecurity.
Stockton met each of the cybersecurity expectations except for the presence of a documented internal policy and procedure for response to a ransomware attack. However, the City does have a Cybersecurity Response Book detailing response procedures for other cyber events. Employee security awareness training is required every six months.
Findings
F7.1 The City of Stockton does not have a formal internal policy concerning payments or procedures in ransomware attacks. This absence of policy could cause confusion, delay and greater loss of security in the event of an attack.
F7.2 The City of Stockton has a large IT Department which places cybersecurity and disaster preparedness at a high priority, minimizing risk to the City’s information and service systems.
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Packet Pg. 354 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 14 Recommendations
R7.1 By November 1, 2022, the Stockton City Council, in conjunction with the City’s IT department, develop, adopt and implement a formal internal policy and procedure for response to a ransomware attack.
8.0 City of Tracy−Discussion
The City of Tracy met all expectations for cybersecurity or was in the process of meeting them when surveyed. The City has an Information Technology Division, which is part of the Finance Department. This division supports all departments and functions of the City except water treatment. Data confidentiality and security are guaranteed with industry-leading, next-generation firewalls and network access controls. Data storage, backup and cybersecurity are monitored continually. The IT Manager meets every two weeks with all other City department heads to address IT issues, including cybersecurity.
Tracy does not require encryption of thumb drives used on City devices, a requirement that is considered a “best practice” by an expert witness.
Tracy does not have either a formal Business Continuity Plan or Disaster Preparedness Plan in place but is in the process of developing both. The BCP was scheduled to be complete in April 2022.
Completion date for the DPP was not specified by the City.
Findings
F8.1 Lacking a requirement for encryption of thumb drives used on City devices exposes the City of Tracy to potential data theft and contamination.
F8.2 The City of Tracy lacks a completed Business Continuity Plan, rendering Tracy relatively unprepared to restore essential services in a disruptive event.
F8.3 The City of Tracy lacks a completed Disaster Preparedness Plan, leaving Tracy at risk for delay and cost to restore IT systems in the event of a disaster.
Recommendations
R8.1 By November 1, 2022, the Tracy City Council, in conjunction with the IT division, develop, adopt and implement a policy requiring encryption of thumb drives used on City devices.
R8.2 By January 1, 2023, the Tracy City Council, in conjunction with the IT division, develop, adopt and implement a formal Business Continuity Plan.
R8.3 By January 1, 2023, the Tracy City Council provide the Grand Jury with an updated formal Disaster Preparedness Plan.
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Packet Pg. 355 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) 15 Conclusion
San Joaquin County is well protected regarding cybersecurity. The seven cities in the county vary with respect to Grand Jury expectations, most being well secured but lacking defined plans for Business Continuity and IT Disaster Preparedness. Cybersecurity is an evolving concern and requires ongoing efforts by government entities to remain current and vigilant against risks to their Information Systems.
In this investigation the Grand Jury learned from cybersecurity experts that three key elements lead to maximum agency cybersecurity:
• a dedicated information security position within each organization, • a “seat at the table” with other agency department heads in regular meetings, and • a rigorous employee education and training program in cybersecurity matters.
Disclaimers
Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911. 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929).
Response Requirements
California Penal Code Sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report.
The San Joaquin County Board of Supervisors and the City Councils of each city addressed shall respond to all findings and recommendations specific to their city.
Mail or hand deliver a hard copy of the response to:
Honorable Michael D. Coughlan, Presiding Judge
San Joaquin County Superior Court
180 E Weber Ave, Suite 1306J
Stockton, California 95202
Also, please email a copy of the response to Ms. Trisa Martinez, Staff Secretary to the Grand Jury, at [email protected]
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Packet Pg. 356 Attachment: Grand Jury Case #0321 Cybersecurity Local Defense Against a Global Threat (3661 : Grand Jury - Final Report) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 12/13/2022
Subject: Council Committee and Task Forces
Mayor Restuccia to discuss Council Committee and Task Force appointments.
Attachments:
1. Council Member Assignments Blank
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Packet Pg. 357
CITY COUNCIL ASSIGNMENTS – CALENDAR YEAR 2023
Each year the Mayor recommends to the City Council the assignments for individual council members for the upcoming calendar year, which is ratified by the City Council. These assignments include local and regional Boards, Commissions, and Task Forces Ripon City Council Members have been requested to sit on. Additionally, it also includes City Council Committees that are focused on more local issues.
BOARDS AND COMMISSIONS
1. Central Valley Division of League of California Cities Executive Member _______________
_______________ (Alternate)
2. San Joaquin County Council of Governments Executive Board _______________
_______________ (Alternate)
3. San Joaquin Integrated Solid Waste Management Board
_______________
4. LAFCO Board
_______________
5. San Joaquin Partnership Board
_____________
6. San Joaquin County Board of Supervisor’s Advisory Water Commission _______________
_______________ (Alternate)
7. South San Joaquin Irrigation District Groundwater Sustainability Agency Board _______________
_______________ (Alternate)
TASK FORCE(S)
1. City/County Criminal Justice Task Force
_______________
_______________ (Alternate)
City Administrator
Chief of Police
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Packet Pg. 358 Attachment: Council Member Assignments Blank (3666 : Council Committee and Task Forces)
CITY COUNCIL COMMITTEES
City Council committees are intended to (1) enhance the communication between the City Council and City staff at the early phase of the development of significant items affecting public policy, (2) allow committee members to develop a deeper level of knowledge on matters of public policy or public concerns, and/or (3) make recommendations to the City Council on matters of public policy. The City Council Committees do not replace the City Council as final decision makers.
Committees should be disbanded when their primary function or task has been completed or no longer exists.
The Council member with the lowest seat assignment shall chair the committee.
1. Legislative Response
Purpose: As directed by the Mayor, review proposed state or federal legislation and provide a recommendation to the City Council on a formal position. _______________
_______________
City Administrator
City Attorney
2. Community Concerns & Public Engagement
Purpose: Meet with concerned citizens or local organizations regarding concerns over existing City policies.
_______________
_______________
City Administrator
Chief of Police (as needed)
Public Works Director (as needed)
Planning Director (as needed)
City Attorney (as needed)
3. Code Enforcement
Purpose: Review staff approach to code enforcement matters such that the process being following is consistent with City Council Ripon Municipal Code. Recommend changes to those chapters of the Ripon Municipal Code related to code enforcement, as needed.
_______________
_______________
City Administrator
Chief of Police
Planning Director
City Attorney
4. Housing and Loan
Purpose: Participate in discussions related to housing policies in Ripon and make recommendations to the City Council on policies and agreements related to housing. _______________
_______________
City Administrator
City Clerk
Planning Director
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Packet Pg. 359 Attachment: Council Member Assignments Blank (3666 : Council Committee and Task Forces)
5. Economic Development
Purpose: Consider policies related to economic development and make recommendations to the City Council, as needed. For projects that are taking advantage of the City of Ripon’s incentive program, review the proposal and make a recommendation to the City Council. _______________
_______________
City Administrator
Planning Director
6. Budget Development
Purpose: Consider budget policies and make a recommendation on policies for the City Council’s consideration.
_______________
_______________
All Department Heads (as needed)
7. Swimming Pool Operations
Purpose: Meet with the representatives of the Ripon Unified School District and provide input as stated in the Joint Use Agreement between the City of Ripon and Ripon Unified School District, including establish hours of operations, determine types of programs and activities, develop proposals for growth and expansion, and fiscal oversight.
_______________
_______________ (Alternate)
City Administrator
Recreation Director
8. Golf Course
Purpose: Evaluate the requested use of the Capital Improvement Account funds for Long-Term Capital Improvements and Emergency Improvements and Repairs, as described in Resolution No. 08-1, “Establishing Policy for Allocation of Revenues from Jack Tone Golf Course _______________
_______________ (Public Member)
City Administrator
Recreation Director
9. Two-by-Two Committee
Purpose: Meet with representatives of the organizations listed below to discuss matters related to the coordination between the agencies, concerns of an agency, or challenges an agency may be experiencing.
Make recommendations to the City Council on agreements, policy changes, etc. as it relates to these discussions.
_______________
_______________
City Administrator
City Attorney
Ripon Unified School District Ripon Consolidated Fire District Chamber of Commerce City of Manteca
Ripon Christian Schools City of Lathrop
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Packet Pg. 360 Attachment: Council Member Assignments Blank (3666 : Council Committee and Task Forces) CITY COUNCIL POSITIONS 1. Council Check Review
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3.D.a
Packet Pg. 361 Attachment: Council Member Assignments Blank (3666 : Council Committee and Task Forces)