Ripon City Council
January 10, 2023

Ripon City Council Minutes
TUESDAY, JANUARY 10, 2023 – 6:00 PM

REGULAR MEETING
WORKSHOP 5:00 PM
SUBJECT:

Phasing of Community Center Improvements
City Administrator Werner said the purpose of the workshop is to discuss funding and phasing options for improvements to the Community Center. Werner said the project includes reconstructing the existing parking lots with pavers, building an additional parking lot, relocating the middle field to the west and improving the baseball fields with new fencing, revised dugouts, concrete flatwork and ADA access. The full cost of the project is $1.9 million.

Werner presented different phasing options including a single-phase option or a two-phase option that would include baseball field improvements and applying a microsurface/slurry seal to the existing parking lots in phase one and then reconstruct the parking lots with pavers in phase two.

Werner said there are three different options to fund the project: option one would use funds from the 2021-22 Surplus Fund, Recreation General Capital Fund, and General Department Capital Fund; option two would use funds from the 2021-22 Surplus Fund and Street and Road Reserve Fund; option three will fund only phase one of the project and use the 2021-22 Surplus Funds.

Council discussed the various funding options including future capital projects and generally preferred to do the project in one phase with funding from the 2021-22 Surplus Fund, Recreation General Capital Fund, and General Department Capital Fund.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Glenn Gerdes gave the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
Dean Uecker Council Member Absent
City Council Page 2 January 10, 2023
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Glenn Gerdes, Stephanie and Vince Hobbs, Connie Jorgenson, Rod Wright, Steven Verver, Kelly Donohue.

PUBLIC DISCUSSION:

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

APPROVAL OF MINUTES:

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

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

1. CITY COUNCIL - REGULAR MEETING - DEC 13, 2022 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Motion to approve the agenda as posted.

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

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

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
City Council Page 3 January 10, 2023

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(December 2021 $206,690.06)
FY 2022-23 YTD: $2,409,620
FY 2021-22 YTD: $2,252,288
Highway Users Tax
(November 2021 $34,753.69)
FY 2022-23 YTD: $182,686
FY 2021-22 YTD: $176,829
SB1 Street & Road Tax
(December 2021 $26,045.91)
FY 2022-23 YTD: $173,923
FY 2021-22 YTD: $165,126
$262,128.68
$34,713.07
$27,741.37
TOTAL $324,583.12
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
November 2022
December 2022
$1,212.72
$1,212.72
TOTAL $2,425.44
C. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
December 2022 $1,117.79
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – November 2022 $4,056.99

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Bethany Home Society
Padilla Accessory Dwelling Unit
$8,030.00
$221.25
$3,506.25
$958.75

TOTAL $12,716.25
B. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
November Invoice #AR113379 $1,452.38
C. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #23030 $1,958.00
City Council Page 4 January 10, 2023
D. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2022-2023 3rd Quarter Deposits
Liability Program
Workers’ Compensation Program
$90,520.00
$139,987.00

TOTAL $230,507.00
E. GRANICUS LEGISLATIVE MANAGEMENT
Annual Legislative Management System Renewal
Invoice #159496
Digital Boardroom
Agenda & Minutes
$7,704.00
$8,220.12
TOTAL $15,924.12
F. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #55380 $2,116.50
G. WOOD RODGERS, INC.

Well 12 Testing & Monitoring
Invoice #161390
Invoice #163394
$19,462.83
$6,296.13
TOTAL $25,758.96
H. SORACCO, INC.

Well 19 Pump Station Project
Progress Payment – Invoice #14 $12,768.00
I. HALPIN COMPLIANCE SOLUTIONS
Solid Waste/Recycling Regulatory Compliance Assistance
Invoice #22-R-0089
Invoice #22-R-1011
Invoice #22-R-1200
$891.28
$578.83
$1,523.04

TOTAL $2,993.15
J. MUNICIPAL FINANCIAL SERVICES
Water, Sewer and Garbage Enterprise Funds Annual Review Progress Payment – Invoice #202002-01 $2,040.00
K. CONDOR EARTH TECHNOLOGIES, INC.

East Main Street Traffic Signal Project - Initial Site Assessment Invoice #88506 $2,500.00
City Council Page 5 January 10, 2023

1.3. Resolutions
A. RESOLUTION NO. 23-1

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING CITY COUNCIL

MEMBER APPOINTMENTS TO

VARIOUS BOARDS,

COMMISSIONS, TASK FORCES,

AND COMMITTEES
This resolution approves the City Council
Member appointments to local and
regional Boards, Commissions, Task
Forces, and City Council Committees for
2023.

B. RESOLUTION NO. 23-2

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING THE CITY COUNCIL

REAPPOINTMENTS TO THE

PLANNING AND RECREATION

COMMISSIONS
The Mayor has reached out to the
Planning Commissioners and Recreation
Commissioners whose terms are expiring
January 2023 to determine if they are
interested in continuing to serve on their
respective commission. Each
commissioner has expressed a
willingness to continue to serve.

This resolution approves reappointments
to the Planning and Recreation
Commissions.

C. RESOLUTION NO. 23-3

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 3

TO THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL

EMPLOYEES OF THE CITY OF

RIPON POLICE OFFICERS'

ASSOCIATION
This resolution adopts Amendment No. 3
of the 2021 - 2024 Memorandum of
Understanding for all employees of the
City of Ripon Police Officers’
Association.

City Council Page 6 January 10, 2023
D. RESOLUTION NO. 23-4

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 3

TO THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL

EMPLOYEES OF THE CITY OF

RIPON POLICE SERGEANTS'

ASSOCIATION
This resolution adopts Amendment No. 3
of the 2021 - 2024 Memorandum of
Understanding for all employees of the
City of Ripon Police Sergeants’
Association.

E. RESOLUTION NO. 23-5

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 3

TO THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL

EMPLOYEES OF THE CITY OF

RIPON WORKING IN THE

CLASSIFICATIONS OF PUBLIC

WORKS MAINTENANCE, PUBLIC

WORKS FOREMAN AND PUBLIC

WORKS SUPERVISING FOREMAN
This resolution adopts Amendment No. 3
to the Memorandum of Understanding for
all employees of the City working in the
classification of Public Works
Maintenance, Public Works Foreman and
Public Works Supervising Foreman for
Fiscal Years 2021 – 2024.

F. RESOLUTION NO. 23-6

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AMENDING THE CITY OF RIPON

EMPLOYEE COMPENSATION
PLAN FOR FISCAL YEAR 2021 -
2022 FOR ALL ADMINISTRATIVE

STAFF AND NON-REPRESENTED

POLICE DEPARTMENT

EMPLOYEES
This resolution amends the employee
compensation plan for Fiscal Year 2021 -
2022 for all administrative staff and nonrepresented Police Department employees.

City Council Page 7 January 10, 2023
G. RESOLUTION NO. 23-7

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ORDERING THE CITY ENGINEER

TO PREPARE ON BEHALF OF THE

CITY OF RIPON THE ENGINEER'S

REPORT FOR THE FISCAL YEAR
2023-2024 PERTAINING TO THE

ANNUAL ASSESSMENTS FOR THE

CITY OF RIPON'S TEN

LANDSCAPE MAINTENANCE

DISTRICTS LOCATED IN THE

COUNTY OF SAN JOAQUIN,
CALIFORNIA.

This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon’s ten Landscape Maintenance
Districts.

H. RESOLUTION NO. 23-8

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ORDERING THE CITY ENGINEER

TO PREPARE ON BEHALF OF THE

CITY OF RIPON THE ENGINEER'S

REPORT FOR THE FISCAL YEAR
2023-2024 PERTAINING TO THE

ANNUAL ASSESSMENTS FOR
ASSESSMENT DISTRICT NO. 05-1,

CITY OF RIPON, COUNTY OF SAN

JOAQUIN CALIFORNIA,

COMMONLY KNOWN AS CITY OF

RIPON LIGHTING DISTRICT
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon Lighting District.

1.4. Miscellaneous Items
A. SIDEWALK MAINTENANCE REPAIR CONTRACT - AMENDMENT NO. 2 Vaughan Construction Approve and authorize the Mayor to sign the Second Amendment to the
Sidewalk Maintenance Repair Contract
with Vaughan Construction for
continued removal and repair of
sidewalk trip hazards in the not to
exceed amount of $50,000 (funding
source: Street and Road Operating
Fund).

City Council Page 8 January 10, 2023
B. ANIMAL SHELTER CABINET REPLACEMENT CONTRACT
Culinary Stainless Fabricators Approve and authorize the Mayor to sign the contract with Culinary Stainless
Fabricators to purchase and install
replacement cabinets for the City
Animal Shelter in the not to exceed
amount of $28,976.95 (funding source:

General Department Capital Fund).

C. PROFESSIONAL SERVICES AGREEMENT
California CAD Solutions Approve and authorize the Mayor to sign the agreement with California CAD
Solutions, Inc. to build and maintain an
updated GIS system in the not to exceed
amount of $36,940 (funding source:

Local Early Action Planning grant funds
and Regional Early Action Planning
grant funds).

D. PROCLAMATION
Ripon High School Present a proclamation to Ripon High
School.
** END OF CONSENT CALENDAR **

PRESENTATION OF PROCLAMATION
Mayor Restuccia presented a proclamation to Rod Wright, Athletic Director for Ripon High School, in recognition for its outstanding athletic accomplishments.

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

A. REZONE (Z22-75)
Rezone (Z22-75) for properties located at
820 N. Stockton Avenue and 225 Franklin
Lane
This is a public hearing to consider the
rezoning of properties located at 820 N.

Stockton Avenue and 225 Franklin Lane
from UR (Urban Reserve) to R1 (Single
Family Residential).

Planning Director Zuidervaart said this is a public hearing to consider rezoning properties located at 820 N. Stockton Avenue and 225 Franklin Lane. At the December 19, 2022 Planning Commission meeting, the Planning Commission approved the parcel map requested and voted to recommend that the City Council approve the request to rezone 820 N. Stockton Avenue and 225 Franklin Lane from UR (Urban Reserve) to R1 (Single Family Residential).

City Council Page 9 January 10, 2023

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

PUBLIC HEARING CLOSED
Council Member Barton asked about the existing unit on the Stockton Avenue property.

Zuidervaart said the applicants are planning to demolish the majority of the unit and remodel it.

3. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 919

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON

REZONING CERTAIN REAL
PROPERTIES LOCATED AT 820 N.

STOCKTON AVENUE AND 225
FRANKLIN LANE (APNS 261-200-02
AND 261-200-29) IN THE CITY OF
RIPON
This ordinance rezones properties located
at 820 N. Stockton Avenue and 225
Franklin Lane (APNs 261-200-02 and 261-
200-29) from UR (Urban Reserve) to R1
(Single Family Residential).

Motion to waive the first reading and introduce Ordinance 919 rezoning certain real properties located at 820 N. Stockton Avenue and 225 Franklin Lane (APNs 261-200-02 and 261-200-29) in the City of Ripon.

RESULT: FIRST READING [UNANIMOUS] Next: 2/14/2023 6:00 PM MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker

REPORTS
Department Heads:

Police Chief Ormonde said there is an Area of Responsibility (AOR) meeting for Area 1 in the Police Department's Emergency Operations room on February 8, 2023 at 7:00 PM.

Planning Director Zuidervaart said the January 16, 2023 Planning Commission agenda includes a parcel map request on the corner of Vera Avenue and Doak Boulevard and a townhouse project on Gilbert Drive.

Director of Public Works Pease said he will bring a revenue analysis to the next meeting that will include a revenue report for the recycling center. He said cardboard revenue is around $14,000 and $7,000 of that is supplemented by the City.

City Council Page 10 January 10, 2023
Pease said December water usage was 16% below our 2013 water usage and 8% above 2021 numbers.

Pease said the Annual Brush Pickup Program has ended for the year and public works crews are picking up the last of it this week.

City Council:

Council Member Barton said he wanted to express gratitude for the abundant rain and incredible snow pack. He said this is a good reminder to be thankful for our first responders; there are many people working hard to keep California safe right now. He said he wanted to highlight Public Works Director Pease and the Public Works crews that are keeping the storm drains clear.

Council Member de Graaf asked Kelly Donohue, Chamber of Commerce, if there are any events in the upcoming future. Donohue said the Kick-Off Speech Night for the Miss Ripon Candidates is on January 12, 2023 in the City Council Chamber at 6:00 PM and the Almond Blossom Fashion Show is on February 8, 2023.
de Graaf thanked everyone who attended the meeting and echoed Barton's sentiments for the many people helping during this time.

Mayor Restuccia said he has not had more confidence in this County in the 25 years he has been involved with the City Council than he does right now. Restuccia said that Sheriff Withrow has always wanted to get bad people and now he has help from newly elected District Attorney Ron Freitas. He said he spoke with the Stockton, Lathrop, Escalon, Tracy and Ripon police departments and they are excited to have a District Attorney who wants to prosecute the cases brought to him.

Restuccia said this is the best Council he has sat with in 25 years and he believes this Council makes some of the best decisions that a Council can make.

Restuccia said City staff is second to none, starting at the top with Kevin Werner.

Restuccia said Sheriff Withrow has said this is going to be the safest county in the State of California, in fact, in the United States. Restuccia said he hopes that is true and believes all the pieces are aligned to have a very good county.

There being no further business, the meeting was adjourned at 6:21 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, DECEMBER 13, 2022 – 6:00 PM

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

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

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

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, City Clerk Lisa Roos.

IN THE MATTER OF:
(1) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Police Officers Association
(b) Ripon Sergeants Association
(c) Public Works Employees
(d) Unrepresented Employees
Return to open session
City Attorney Terpstra said Council gave direction and received input from staff regarding potential sources of revenue for and impacts on bargaining units. There was no specific direction given, staff was given direction to keep working.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Rex Rodgers gave the invocation.
1 Packet Pg. 11
Minutes Acceptance: Minutes of Dec 13, 2022 6:00 PM (Approval of Minutes) City Council Page 2 December 13, 2022
ROLL CALL:

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

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Kelly Donohue, Steven Verver, Jake Loogman, Pete Duyst, Connie Jorgenson.

PUBLIC DISCUSSION:

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

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council Meeting of November 8, 2022 and the Special City Council Meeting of November 30, 2022.

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

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

2. CITY COUNCIL - SPECIAL MEETING - NOV 30, 2022 3:00 PM RESOLUTION TO ACCEPT ELECTION RESULTS:

RESOLUTION NO. 22-45

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING THE CERTIFICATION OF

THE RESULTS OF THE MUNICIPAL
ELECTION HELD ON NOVEMBER 8,
2022 AND STATING THE RESULTS

THEREOF
This resolution accepts the certification of
the November 8, 2022 municipal
election.
1 Packet Pg. 12
Minutes Acceptance: Minutes of Dec 13, 2022 6:00 PM (Approval of Minutes) City Council Page 3 December 13, 2022
Motion to approve Resolution 22-45 accepting the certification of the results of the November 8, 2022 municipal election.

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

ADMINISTERING THE OATH OF OFFICE TO NEWLY ELECTED AND APPOINTED COUNCIL MEMBERS:

City Clerk Roos administered the Oath of Office to Michael Restuccia, Dean Uecker and Gary Barton.

COUNCIL REORGANIZATION:

Per Ordinance No. 800, RMC Section 2.04.020 Mayoral Selection, Council Members shall be seated as follows:

Seat 1 Mayor Michael Restuccia
Seat 2 Vice Mayor Leo Zuber
Seat 3 Council Member Daniel de Graaf
Seat 4 Council Member Gary Barton
Seat 5 Council Member Dean Uecker
(Per RMC 2.04.020, the designated Mayor and Vice Mayor must be queried to accept or decline the positions.)
City Clerk Roos led the Council Reorganization. She said she has queried both Michael Restuccia and Leo Zuber whether they want to serve in the respective seats of Mayor and Vice Mayor and both have confirmed.

Council Members were seated in their new, respective seats and the meeting was handed over to Mayor Michael Restuccia.

APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Barton requested Item 1.3A be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1 Packet Pg. 13
Minutes Acceptance: Minutes of Dec 13, 2022 6:00 PM (Approval of Minutes) City Council Page 4 December 13, 2022

1. CONSENT CALENDAR
Motion to approve Consent Calendar as amended.

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

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(November 2021 $690,499.16)
FY 2022-23 YTD: $2,147,492
FY 2021-22 YTD: $2,045,598
Highway Users Tax
(October 2021 $27,626.59)
FY 2022-23 YTD: $147,973
FY 2021-22 YTD: $142,075
SB1 Street & Road Tax
(November 2021 $27,009.97)
FY 2022-23 YTD: $146,182
FY 2021-22 YTD: $139,080
$518,334.19
$34,552.30
$30,732.40
TOTAL $583,618.89
B. T-MOBILE
Monthly Acacia Avenue Cell Tower Lease Payment
November 2022 $1,077.81
C. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – September 2022 $25,184.78 D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – October 2022 $2,288.03

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Bethany Home Society
Padilla Accessory Dwelling Unit
$9,955.00
$2,500.00
$6,587.50
$2,876.25

TOTAL $21,918.75
B. CAVES & ASSOCIATES
Professional Services – Labor Relations
Invoice #22-207 $87.50
1 Packet Pg. 14
Minutes Acceptance: Minutes of Dec 13, 2022 6:00 PM (Approval of Minutes) City Council Page 5 December 13, 2022
C. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
October Invoice #AR113350 $1,394.82
D. RIPON CHAMBER OF COMMERCE
2023 Membership Investment
Invoice # 5603 $185.00
E. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #22794 $5,361.00
F. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #54936 $1,988.75
G. SORACCO, INC.

Well 19 Pump Station Project
Progress Payment – Invoice #13 $101,887.97
H. ASPEN SURVEY COMPANY, INC.

General Land Surveying Services
Progress Payment – Invoice #22-034-01 $718.75
I. LDA
Corporation Yard Design Services
Progress Payment – Invoice #20/622-03-20 $4,875.00
J. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
Progress Payment
3rd Quarter 2022 - Invoice #12006370 $2,133.00
K. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment
Invoice #4246
Invoice #4250
$10,996.00
$4,944.00
TOTAL $15,940.00

1.3. Resolutions
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
1 Packet Pg. 15
Minutes Acceptance: Minutes of Dec 13, 2022 6:00 PM (Approval of Minutes) City Council Page 6 December 13, 2022
B. RESOLUTION NO. 22-46

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING THE CITY OF RIPON

MONEY PURCHASE THRIFT

PENSION PLAN FINANCIAL

STATEMENTS AND

INDEPENDENT AUDITOR'S
REPORT JUNE 30, 2022 AND 2021
This resolution accepts the City of Ripon
Money Purchase Thrift Plan Financial
Statements and Independent Auditor’s
Report June 30, 2022 and 2021, prepared
by Price Paige & Company Accountancy
Corporation.

C. RESOLUTION NO. 22-47

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE RIPON

POLICE DEPARTMENT TO

SUBMIT A GRANT APPLICATION

TO THE SAN JOAQUIN COUNTY

AIR POLLUTION CONTROL

DISTRICT PUBLIC BENEFIT

GRANT PROGRAM FOR THE

PURCHASE OF ALTERNATIVE

FUEL VEHICLES
This resolution authorizes the Ripon
Police Department to submit a grant
application to the San Joaquin Valley Air
Pollution Control District public benefit
grant program for the purchase of 1
alternative fuel vehicle in the amount of
$37,290 (funding source: Grant of
$20,000 and $17,290 from the ”General
Capital – Department Fund”).

1.4. Miscellaneous Items
A. MEADOWOOD DEVELOPMENT AGREEMENT
Amendment No. 1 Approve a text amendment to the
Meadowood Development Agreement
amending the “Timing of Development”
section of Exhibit C, allowing for
additional time to start construction on
the project.

B. PROJECT IMPROVEMENT AGREEMENT
Ripon Christian Bus Barn &
Maintenance Facility
Approve the Project Improvement
Agreement associated with the Ripon
Christian Bus Barn & Maintenance
Facility Project between Ripon Christian
Schools and the City of Ripon, and
authorize the Mayor to sign for
recording.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Dec 13, 2022 6:00 PM (Approval of Minutes) City Council Page 7 December 13, 2022
C. CITY OF RIPON NETWORK SECURITY PLAN
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”.

D. DESIGNATION OF SURPLUS EQUIPMENT
Police Department and Public Works
Department
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.

E. HARRIS & ASSOCIATES
Change Order No. 1 Approve the scope and fee for the Harris & Associates Change Order No. 1 in the
not to exceed amount of $27,820 for
additional services to support the Fire
District’s efforts of evaluating a
Proposition 218 process to increase
operating revenue.

F. GENERAL SERVICES AGREEMENT
Keesey Design - Design and Illustration 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).

G. WEBSITE UPDATE
CivicPlus Approve and authorize the Mayor to
sign the agreements with CivicPlus to
update the City website.
1 Packet Pg. 17
Minutes Acceptance: Minutes of Dec 13, 2022 6:00 PM (Approval of Minutes) City Council Page 8 December 13, 2022
H. ASSIGNMENT AND ASSUMPTION - COMMERCIAL LEASE OF 303 AND 307 W. MAIN STREET
Natural Path Wellness Center 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.

ITEMS PULLED FROM CONSENT
RESOLUTION NO. 22-48

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING THE CITY OF RIPON

FINANCIAL STATEMENTS AND

INDEPENDENT AUDITOR'S REPORT

AND SINGLE AUDIT REPORT FOR
THE YEAR ENDED JUNE 30, 2022
This resolution accepts the City of Ripon
Financial Statements and Independent
Auditor’s Report and Single Audit Report
for the year ended June 30, 2022, prepared
by Price Paige & Company Accountancy
Corporation.

Council Member Barton asked about the Garbage Enterprise Capital Fund and noted that the City is adding about $95,000 to that fund. He said State mandates will require considerable capital outlays for the garbage system in town. Barton asked City Administrator Werner to clarify how we will get there in terms of funding those additional needs.

Werner said the City transferred the difference between revenue and expenses. There was $95,000 that went to the Enterprise Capital Fund to replace garbage trucks. He said the goal, in the initial projection in 2020 when the utility rates were established, had been to transfer $280,000; the main reason that did not happen is due to regulatory compliance expenses. He said the most impactful measure has been the tipping fees. He said the trash station fees have changed due to regulations they are required to meet. This has reduced the amount of the transfer to the Enterprise Capital Fund.

Werner said staff is anticipating the Council will approve a 5% increase in garbage utility rates that is on tonight’s agenda, getting them closer to the anticipated transfer amount.

Barton asked if the PFFP fees will cover the South San Joaquin Irrigation District (SSJID) connection and said he believed this public forum is a good time to have Werner address this again and how the City is planning for that eventuality. Werner said there are a couple very large expenses in the future and one of the near-term large expenses staff is planning for is the pipeline that would connect the City of Ripon water system to the SSJID South County Water Project transmission main on French Camp Road. This is a large capital project and staff is exploring funding options including AB1600, Enterprise Capital Funds and grants. He said as part of staff’s analysis they are looking at how those funds are being allocated depending on benefits. Some of the benefits are being allocated to new growth because this is 1 Packet Pg. 18
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expanding the system and our water supply capacity and then some of those are being allocated to existing residents because it is replacing wells that have been put out of service because of water quality. Staff is hoping to have the analysis done early next year and is working with SSJID to make sure it is put together and they are able to talk to Council about some of those funding options.

Motion to accept the City of Ripon Financial Statements and Independent Auditor’s Report and Single Audit Report for the year ended June 30, 2022, prepared by Price Paige & Company Accountancy Corporation.

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

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

A. PFFP CAPITAL FUNDS ANNUAL REPORT
This is a public hearing on an annual
report of Public Facilities Financing Plan
(PFFP) capital fees covered under
Government Code Section 66000 et seq.

Recommended Action: Approve the
annual PFFP Report for the period ending
June 30, 2022.

City Clerk Roos said this is a public hearing on the City’s annual report of capital fees for the fiscal year ending June 30, 2022 pursuant to California Government Code Section 66000.

Roos referenced the staff report that provided information for the Council regarding this Public Facility Financing Plan Annual Progress Report and the requirements under Government Code Section 66000 along with how this Report ties to the Fund Summary Balances report as of June 30, 2022.

Roos said the PFFP Report has been prepared in accordance with the requirements of the Government Code and is prepared consistent with prior years.

Vice Mayor Zuber said there are 13 accounts with a total of $15 million but four of those accounts total negative $6 million so there is only $9 million due to those four accounts borrowing against the other nine accounts to fund projects before they had collected their funds. He said over time, the money will come back but his concern is if the City runs into things they need to do and have run out of money. For example, Council is going to approve a project tonight that will take $450,000 so instead of having $16 million, we 1 Packet Pg. 19
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will have $15.5 million.

Zuber said he has never liked funding ahead when we have to borrow money and this is a perfect example of that. He said there is a potential problem if a big project came up that we need to fund and we cannot do it. Even though the report says there is money in the accounts, $6 million of it we do not have until the other accounts collect all their money to pay it back.

Mayor Restuccia said that is a good point. It may be a long period before the money comes back.

Zuber said it could be 18 years. Restuccia said that is assuming we build to that stage, but if we do not build to that, it could be 2050 or 2060.

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

PUBLIC HEARING CLOSED
Motion to approve the annual PFFP Report for the period ending June 30, 2022.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
B. DEVELOPMENT AGREEMENT - ANNUAL REVIEW (2022)
Cornerstone II Subdivision
Silverstone Subdivision
Alexandra Subdivision
The Vineyards Subdivision
Meadowood Subdivision
Pereira Subdivision
Ripon Gardens II
Calvary Reformed Church Master Plan
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.”
Planning Director Zuidervaart said the Planning Commission reviewed the Development Agreements and found them to be in compliance with the terms.

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

PUBLIC HEARING CLOSED
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Motion to accept the 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 perspective Development Agreement.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
C. TEFRA HEARING
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
This is a public hearing in connection with
the proposed issuance of tax-exempt
revenue bonds by the California Municipal
Finance Authority (CMFA) to finance the
construction of the Terraces at Bethany
Home.

Recommended Action: City Council to
execute the Joint Exercise of Powers
Agreement of the CMFA, and adopt the
resolution in favor of the issuance of the
Bonds by the CMFA.

City Administrator Werner said the California Municipal Finance Authority (CMFA) has been asked by Bethany Home to be the issuer of tax-exempt financing for The Terraces at Bethany Home project that was approved by the City Council on July 12, 2022. He said CMFA has requested the City Council to hold a public hearing and to adopt a resolution authorizing the Mayor to execute the Joint Exercise of Powers Agreement with the CMFA and approve the issuance of the Bonds by the CMFA. Werner introduced Anthony Stubbs from the CMFA.

Anthony Stubbs, CMFA said the Tax Equity and Fiscal Responsibility Act (TEFRA) requires a public hearing in the jurisdiction when a project within that jurisdiction is financed with tax-exempt funding. Bethany Home has requested CMFA be the issuer of tax-exempt financing. He said the CMFA is a Joint Powers Authority (JPA) and established to help nonprofits, governments and businesses with taxable and tax-exempt financing. 1 Packet Pg. 21
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Stubbs said the financing is not an obligation of the City and the City has no legal responsibility in regards to the financing. This is strictly to adhere to TEFRA and the California Government Code.

Mayor Restuccia said he understands what Stubbs said and he read the information that was sent over. He asked who executes the bond documents. Stubbs said it is the CMFA, Bethany Home and the underwriter, Zeigler.

Restuccia asked if they actually execute a note. Stubbs confirmed.

Restuccia asked if there is a lien. Stubbs confirmed and said the borrower is the ultimate responsible party.

Restuccia said the City signs nothing; they just do this action tonight. Stubbs confirmed and said the City provides a public forum for the CMFA to come and say tax-exempt financing is being used. This is for transparency purposes to let the jurisdiction know that tax-exempt financing is being used.

Restuccia said he is for this but does not want to get anything wrong and said City Attorney Terpstra understands all of this.

Restuccia said based on what Stubbs said, the City’s bond rating will not be impacted at all with this. Stubbs confirmed.

Restuccia asked if staff has talked to anyone who has done this to know what this process is.

City Attorney Terpstra said he has, and this is the customary path in order to provide taxexempt financing. He said he has spoken with representatives of Merced County and Stockton and it is clear in the resolution, the terms of the City’s obligations, rights and responsibilities including the public hearing and signing onto the JPA. He said the key to a JPA is that each of the member agencies in the JPA have the same common power and rights.

Restuccia said he is glad Terpstra brought that up because the letter they got was from a third party counsel that says they are representing them but they are not, they are representing the CMFA,. He asked Terpstra if he is comfortable with that. Terpstra confirmed. He said the same questions come up wherever the CMFA goes and having the updated information from their counsel saved staff a lot of time.

Restuccia asked if there have been any defaults. Stubbs said no. Restuccia said that means they do not know how they would handle that but that is fair. Stubbs said it would be handled the typical way a default is handled.

Vice Mayor Zuber said the bylaws mention that the directors of the organization get compensation and 25% of something is coming back to the City. Stubbs said the Board of the CMFA is not paid but CMFA staff is, so there is a financing or issuance fee charged to the borrower to compensate the CMFA staff. He said when the CMFA was organized; they made it a requirement of themselves to share 25% of the financing fee with the hosting municipality.
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Zuber asked if the City does not sign on, does Bethany Home lose their funding. Stubbs said the City stay a member until the loan process is complete, but after that, the City can separate themselves from the JPA. He said the CMFA has over 350 municipalities that are members and none of them have opted out.

Restuccia asked when the anticipated closing date is. Stubbs said it is expected to be January 30, 2023.

Barton said the issuance fee in the documentation is about $5 million, he asked if 25% of that would go to the City. Stubbs said that is not the issuance fee to the CMFA, those are issuance costs and the City should expect to receive around $15,000.

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

PUBLIC HEARING CLOSED
Motion to execute the Joint Exercise of Powers Agreement of the California Municipal Finance Authority (CMFA) and adopt Resolution 22-49 in favor of the issuance of the Bonds by the CMFA.

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

3. DISCUSSION ITEMS
A. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

Discussion/Action
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.

City Administrator Werner said the original Corporation Yard is at Doak Boulevard and Vera Avenue and was built in 1976 when Ripon had a population of 3,500 and had seven public works employees. In 2005, there was a realization for a new corporation yard.

Werner said the City purchased seven acres on Doak Boulevard and in 2019, an architect was hired to design a master plan of how to phase the project considering the operations of the Public Works Department and funding availability. Staff brought this back to Council and they decided to focus on building a fleet maintenance facility.

Werner said the fleet maintenance facility will have a 12,500 square foot building, six stalls, machine shop, offices, restrooms, and locker rooms. He referenced the renderings 1 Packet Pg. 23
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attached to the staff report online if people are interested.

Werner said Deide Construction was the lowest, responsive bidder on November 17, 2022. He said staff included the known additional expenses to the project bid amount including a contingency, development fees, materials testing and the architect to assist as needed. This amount is $1.876 million for a total capital cost of $13,032,000.

Council Member de Graaf expressed his surprise over how close the bids were and said that is a good indication that the bid is accurate.

Mayor Restuccia asked if the bids are reviewed to make sure that what they bid on is actually what the plans show and if there is a third party that reviews this. He said that sometimes we see where the contractors miss things. Werner said staff reviewed the bids, as well as LDA Partners, to ensure they are responsive to the bid documents and a responsible contractor.

Restuccia said this project is far overdue.

Motion to 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.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
B. WATER, SEWER, GARBAGE ENTERPRISE FUNDS ANNUAL RATE

ADJUSTMENT ANALYSIS
Discussion/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.

Mayor Restuccia said this was already approved and tonight they are just confirming it.

City Administrator Werner said rates were already approved in 2020 through the Proposition 218 process. The City Council instructed staff to bring this item back each year to confirm that the rate increases initially included in the Proposition 218 process are necessary. Werner said Council cannot raise the rate increase but can lower it, which has been done in the past.

Werner said the rate study has been updated with current numbers and compares what was included in the original 2020 study and what the 2022 numbers reflect. He said the biggest thing staff looks for, besides paying the operations and the debt, are the transfers happening to the Enterprise Capital Funds to make sure money is being put aside to do 1 Packet Pg. 24
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the capital replacement projects when they need to happen. He said there is a target cash balance as well. He said in both the Water Fund and the Sewer Fund, the proposed transfers have been made. Werner said in order to make the transfers and ensure the balance remains at that point, staff is recommending the full rate increase for each of those funds.

Werner said the garbage fund is also being recommended for the full rate increase.

Werner said it is a 2% increase for water, 4% increase for sewer, and a 5% increase for garbage. The overall impact to customers is 3% or $3.92 per month on average.

Werner said Council directed staff to start keeping track of regulatory expenses. There are processes in place to better track these expenses going forward but staff was able to look back at fiscal year 2022 and estimate as much as they could. Werner said it was a little over $100,000 for water, $117,000 for sewer and garbage was $115,000, which averaged $4.70 of a $112 monthly bill to pay for regulatory compliance put in place by State mandates.

Mayor Restuccia confirmed those are State mandates.

Council Member Barton said this was discussed a few months ago and Ripon remains very competitive compared to other cities in regards to fees charged for services. He said occasionally the City receives pushback but he thinks a 3% increase seems very reasonable.

Restuccia said he thinks it shows that we are on an efficient system versus other cities.

Motion to 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.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
C. GRAND JURY REPORT NO. 0321 - CYBERSECURITY: LOCAL DEFENSE

AGAINST A GLOBAL THREAT
Response to Grand Jury Report No. 0321
regarding Cybersecurity: Local Defense
Against a Global Threat.

Discussion/Action
Approve and Authorize the Mayor to sign
the letter of response to the findings and
recommendations of the Grand Jury Case
No. 0321 for Superior Court of California,
County of San Joaquin regarding
Cybersecurity: Local Defense Against a
Global Threat.

Police Chief Ormonde said earlier in the year Ripon and other agencies within the 1 Packet Pg. 25
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County, received a report from the San Joaquin County Grand Jury on cybersecurity. He said staff prepared a draft response and presented it to Council at the November 8, 2022 meeting. Council did not have further direction for staff at that time.

Mayor Restuccia said every government and financial agency has this and is spending a lot of time and money on this. Ormonde clarified that this item is not the Network Security Plan, but the letter that will be sent to the Grand Jury in response.

Motion to approve and authorize the Mayor to sign the letter of response to the findings and recommendations of the Grand Jury Case No. 0321 for Superior Court of California, County of San Joaquin regarding Cybersecurity: Local Defense Against a Global Threat.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
D. COUNCIL COMMITTEE AND TASK FORCES
Discussion/No Action Mayor Restuccia to discuss Council Committee and Task Force appointments.

Mayor Restuccia and Council discussed Council Committee assignments and decided they would like to remain in their current assignments.

REPORTS
Department Heads:

Planning Director Zuidervaart said there is a Planning Commission meeting on December 19, 2022; the Planning Commission will be reviewing two parcel map applications.

Director of Public Works Pease said October water usage was down 10% from 2013 numbers but 13% above 2021 numbers. November water usage was down 21% from 2013 numbers and 15% above 2021 numbers.

Pease said the Water Conservation Coordinator has been on patrol and has issued 147 warnings, 24 leak notices and 6 penalty assessments in November.

Pease said the Water Conservation Coordinator has made contact with the businesses eligible for the non-functional turf loan program and will be sending formal letters and fliers to those businesses to see if there is any interest. Mayor Restuccia asked if there had been any interest from businesses. Pease said it has not garnered a lot of interest. 1 Packet Pg. 26
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City Council:

Council Member Barton said Kelly Donohue and her team did a great job with the Christmas Light parade. He said it is a heartwarming event to see Main Street lined with people and reminds him that Ripon is a special place.

Barton said the Ripon Christian girls’ volleyball team won State Championship for the first time since 1999. Ripon Christian boys’ football made it to the NORCAL championship game and suffered a heartbreaking defeat after some injuries in the previous game.

Barton said he wished everyone peace and goodwill, time with family and a heart of gratitude.

Council Member de Graaf said he appreciates everyone coming to the meeting and providing feedback.
de Graaf said he also wanted to commend Kelly Donohue and staff for a great job on the parade, along with all the entries and the Police Department did a great job maintaining the safety. de Graaf said he wanted to congratulate the Escalon team on winning the State Championship. de Graaf said the Ripon Athletic Foundation completed their stadium and it was very impressive to see what happens when the community comes together.

Uecker said he wanted to thank the people who re-elected him and Mayor Restuccia. He said it sends a message that this Council has worked together and kept the City in great shape. He said he wanted to congratulate Barton as well. He said he has been on the Council 20 years and this group is the best that he has worked with and he is proud to be on the Council. de Graaf also wanted to congratulate those who were elected and appointed, it says a lot about their work and effort on the Council.

Mayor Restuccia said he wanted to thank everyone for putting them back on the Council. He said this campaign was interesting because there was a third party that ran, but he is glad they did.

Restuccia said it was interesting because he met so many people he did not know that knew him and wanted to thank him for everything the Council does. He said he always credits the Council.

He said he reconnected with people, made stronger friendships and new friends that will last forever. He said he is glad that he ran, it was the best thing that ever happened.

Restuccia said the City used to give out resolutions at ribbon cuttings and he would like to reinstate that. He said it would be nice as a City to recognize the people that are moving into town.
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There being no further business, the meeting was adjourned at 6:54 PM. (Signed) Dean Uecker
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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Minutes Acceptance: Minutes of Dec 13, 2022 6:00 PM (Approval of Minutes)

1.1.A.a
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Attachment: 2022 10 advance (3679 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2200160 and 2200160AIssue Date: December 07, 2022Fiscal Year: 2022-2023Collection Period: October 24, 2022 - November 23, 2022Description: Streets & Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Rhodora Bravo at 916-324-8361 or at [email protected].

City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107 Snow
(Included in Section
2107 Amount) Section 2107.5 Gross Claim
Perform Payee by
Apportionment Claim
Adjustment Payment Amount Year To Date
Ripon City Treasurer 15,979 $10,861.00 $7,757.50 $5,001.45 $11,093.12 $0.00 $0.00 $34,713.07 $0.00 $34,713.07 $182,686.84

1.1.A.b
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Attachment: fy2223_11hwycityra (3679 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2200173 and 2200173A
Issue Date: December 22, 2022
Fiscal Year: 2022-2023
Collection Period: November 01, 2022 - November 30, 2022 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.

For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].

City Population Payment Amount Year To Date
Ripon City Treasurer 15,979 $27,741.37 $117,679.38
1 of 1

1.1.A.c
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Attachment: rmra_cities_remit_2223_dec22 (3679 : State of California)

1.1.B.a
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Attachment: CCATT_November.22 (3716 : CCATT Holdings)

1.1.B.b
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Attachment: CCATT_December.22 (3716 : CCATT Holdings)

1.1.C.a
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Attachment: T-MOBILE (3717 : T-MOBILE)

1.1.D.a
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Attachment: Waste Management (3718 : Waste Management)

1.1.D.a
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Attachment: Waste Management (3718 : Waste Management)
Invoice
Date
12/25/2022
Invoice #
172
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Draft and send email to client regarding bid protest,
memo regarding pending matters; review and
respond to email from battery storage project
proponent, confirm time for initiating use in RMC.
11/28/2022 THT 295.00 958.75 3.25
Work on PSA for right of way, discuss with client;
review landowner’s appraisal and proposed revisions
to PSA, revise same; revise and finalize assignment
for Natural Path.
11/29/2022 THT 295.00 1,106.25 3.75
Calls, emails to and from proponents and attorney for
Ripon Reliability project, discuss term for initiating
use, review and confirm Muni Code provisions.
12/1/2022 THT 295.00 442.50 1.5
Review Azevedo appraisal, discuss terms of counter
offer with client, work on sale agreement.
12/2/2022 THT 295.00 885.00 3
Review Cogdill’s adjustments to final appraisal, call
to opposing counsel to review Cogdill minor
revisions, email re: same.
12/7/2022 THT 295.00 516.25 1.75
Calls to and from counsel, client on agenda schedule,
agreement terms.
12/8/2022 THT 425.00 212.50 0.5
Call to client regarding pending matters, agenda
items, coordination on Bethany project.
12/8/2022 THT 295.00 221.25 0.75
Attend staff meeting, review agenda items and
prepare for CC meeting, attend CC meeting and
closed session.
12/13/2022 THT 295.00 1,180.00 4
Work on final revisions to PSA, emails to client,
Sousa re same.
12/14/2022 THT 295.00 442.50 1.5
Emails, brief research on PRA request and response,
email to client, follow up on opioid settlement status
and discuss with client.
12/14/2022 THT 295.00 221.25 0.75
Review and comment on west side plan, review and
work on letter regarding retirement of employee and
excess payment; telephone conference with Abbott
regarding conflict and Dhillon matter; advise client
re: same.
12/20/2022 THT 295.00 885.00 3

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Attachment: City Invoices - December 2022 (3714 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2022
Invoice #
172
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Calls to and from title company regarding Well 14
site, discuss with client, follow up on Azevedo PSA,
revise and send final letter regarding IRA rollover.
12/22/2022 THT 295.00 442.50 1.5
Calls, email from RCFD regarding public records
request, research re same, review emails regarding
Frontier agreement.
12/23/2022 THT 295.00 516.25 1.75

$8,030.00

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Attachment: City Invoices - December 2022 (3714 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2022
Invoice #
173
Bill To
City of Ripon - Police Dept.

Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
Emails to and from Manteca, Lathrop regarding case
management between Manteca and Stockton courts,
follow up on pending public urination case.
12/22/2022 THT 295.00 221.25 0.75
$221.25

1.2.A.a
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Attachment: City Invoices - December 2022 (3714 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2022
Invoice #
174
Bill To
City of Ripon - Bethany Home
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-224
Total
Date Attorney Description Rate Hours Amount
Review emails regarding withdrawal from JPA, effect
of existing bonds on withdrawal rights, emails to and
from client, Stubbs regarding same.
11/29/2022 THT 425.00 1,062.50 2.5
Follow up emails to and from Stubbs, discuss
withdrawal clause.
12/2/2022 THT 425.00 212.50 0.5
Legal research regarding exit from JPA, impact on
bonds issued for Bethany Home, discuss same with
attorney for bond disclosures, review documents
from Orrick.
12/6/2022 THT 425.00 956.25 2.25
Emails to and from client regarding final staff report, brief meeting re: upcoming Council meeting and
final docs, review and send new revisions to staff
report to client.
12/7/2022 THT 425.00 637.50 1.5
12/12/2022 THT Calls to and from Scheublein, CMFA re hearing. 0.5 425.00 212.50 Calls, emails to and from client, Stubbs, CMFA,
Orrick attorney, finalize preparations for Council
meeting.
12/13/2022 THT 425.00 425.00 1
$3,506.25

1.2.A.a
Packet Pg. 40
Attachment: City Invoices - December 2022 (3714 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2022
Invoice #
175
Bill To
City of Ripon - Padilla ADU
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-402
Total
Date Attorney Description Rate Hours Amount
11/28/2022 THT Calls, email regarding case status and next steps. 0.5 295.00 147.50 Emails to and from client, opposing counsel re
inspection, update client.
11/30/2022 THT 295.00 295.00 1
Confer with client on timing for inspection, follow
up on contractor interview.
12/6/2022 THT 295.00 147.50 0.5
Discuss inspection timing with client, respond to
opposing counsel emails.
12/7/2022 THT 295.00 147.50 0.5
Calls, emails to and from opposing counsel re site
visit, confirm with client.
12/14/2022 THT 295.00 147.50 0.5
12/20/2022 THT Confer with client regarding site visit, next steps. 0.25 295.00 73.75 $958.75

1.2.A.a
Packet Pg. 41
Attachment: City Invoices - December 2022 (3714 : Law Office of Thomas H. Terpstra) CR 12/28/22

1.2.B.a
Packet Pg. 42
Attachment: Invoice AR113379 _SJRTD (3709 : SJRTD)

1.2.C.a
Packet Pg. 43
Attachment: Price Paige_January 2022 (3692 : Price Paige & Company) Bill To

INVOICE
Description Amount
Invoice Date
Total Due
Delinquent Date
Customer # Invoice #
RMA 2023-00180
12/16/2022
$230,507.00
CRI090
2022/2023 3RD QUARTER DEPOSITS

CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
800.541.4591
916.244.1199 Fax
01/30/2023
Liability Program 90,520.00
Workers' Compensation Program 139,987.00
TOTAL AMOUNT DUE $230,507.00
Please make check payable to CSJVRMA and remit payment to the above address.

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

CSJVRMA ACCEPTS ELECTRONIC PAYMENTS
To obtain ACH/wiring instructions, please contact Rhianna Blanko, Finance Manager.

[email protected] ~ (916) 244-1131 (Direct)

1.2.D.a
Packet Pg. 44
Attachment: RMA 2023-00180 Ripon (3689 : CSJVRMA 2022/2023 3rd Quarter) Granicus
Dept CH – Box 19634
Palatine, IL 60055 - 9634
Please remit via ACH to:

Routing #: 022000020 Acct #: 269099115
Invoice
Date 12/9/2022 Invoice # 159496
Sold To
Ripon, CA
259 N. Wilma Avenue
Ripon CA 95366
United States
Terms Net 30
P.O. Number
For any questions about your invoice, please contact us at [email protected] or 1-800-314-0147
Thank you for your business
Bill To
Ripon, CA
259 N. Wilma Avenue
Ripon CA 95366
United States
Due Date 1/8/2023
Amount Due $ 15,924.12 USD
Description
IQM2 - Digital Boardroom
IQM2 - Agenda & Minutes
Term Start Date
12/30/2022
12/30/2022
Term End Date
12/29/2023
12/29/2023
Amount
7,704.00
8,220.12
Total $15,924.12
This is the software used to run City Council meetings and to assemble and distribute agenda packets and minutes.

There is no increase from prior year.

1.2.E.a
Packet Pg. 45
Attachment: Invoice_159496_1670614184543 (3693 : Granicus Legislative Management)

1.2.F.a
Packet Pg. 46
Attachment: Invoice 55380_Harris & Associates (3710 : Harris & Associates)

1.2.G.a
Packet Pg. 47
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 48
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 49
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 50
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 51
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 52
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 53
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 54
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 55
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 56
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 57
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 58
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 59
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 60
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 61
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 62
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.a
Packet Pg. 63
Attachment: Wood Rodgers Invoice 161390 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 64
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 65
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 66
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 67
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 68
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 69
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 70
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 71
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.G.b
Packet Pg. 72
Attachment: Wood Rodgers Invoice 163394 (3684 : Wood Rodgers, Inc.)

1.2.H.a
Packet Pg. 73
Attachment: Invoice 14_Soracco, Inc (3711 : Soracco, Inc.)

1.2.I.a
Packet Pg. 74
Attachment: Invoice 22-R-0089 (3712 : Halpin Compliance Solutions)

1.2.I.b
Packet Pg. 75
Attachment: Invoice 22-R-1011 (3712 : Halpin Compliance Solutions)

1.2.I.c
Packet Pg. 76
Attachment: Invoice 22-R-1200 (3712 : Halpin Compliance Solutions)

1.2.J.a
Packet Pg. 77
Attachment: Invoice 202002-01_Municipal Financial Services (3715 : Municipal Financial Services)

1.2.J.a
Packet Pg. 78
Attachment: Invoice 202002-01_Municipal Financial Services (3715 : Municipal Financial Services)

1.2.J.a
Packet Pg. 79
Attachment: Invoice 202002-01_Municipal Financial Services (3715 : Municipal Financial Services)

1.2.J.a
Packet Pg. 80
Attachment: Invoice 202002-01_Municipal Financial Services (3715 : Municipal Financial Services)

1.2.J.a
Packet Pg. 81
Attachment: Invoice 202002-01_Municipal Financial Services (3715 : Municipal Financial Services) 1/5/23

1.2.K.a
Packet Pg. 82
Attachment: Invoice 88506_Condor Earth Technologies, Inc (3721 : Condor Earth Technologies, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 01/10/2023
Subject: Council Committee Appointments and Task Forces RECOMMENDED ACTION:

This resolution approves the City Council Member appointments to local and regional Boards, Commissions, Task Forces, and City Council Committees for 2023.

Attachments:

1. Council Member Assignments 2023

1.3.A
Packet Pg. 83
RESOLUTION NO. 23-1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON APPROVING CITY COUNCIL MEMBER

APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS,

TASK FORCES, AND COMMITTEES
WHEREAS, the City of Ripon is desirous of appointing Council Members to local and regional Boards, Commissions, Task Forces, and City Council Committees; and WHEREAS, these assignments also include City Council Committees that are focused on local issues; and
WHEREAS, the Council Members appointed have expressed their interest in serving on said appointments; and
WHEREAS, the Mayor makes a recommendation of the City Council Member appointments for the upcoming calendar, which is ratified by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Council Member appointments for Calendar Year 2023, as attached as “Exhibit A”, be approved.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.A
Packet Pg. 84
Exhibit A
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 Dean Uecker
Gary Barton (Alternate)

2. San Joaquin County Council of Governments Executive Board Leo Zuber
Michael Restuccia (Alternate)

3. San Joaquin Integrated Solid Waste Management Board
Daniel de Graaf

4. LAFCO Board
Gary Barton

5. San Joaquin Partnership Board
Gary Barton

6. San Joaquin County Board of Supervisor’s Advisory Water Commission Gary Barton
Daniel de Graaf (Alternate)

7. South San Joaquin Irrigation District Groundwater Sustainability Agency Board Daniel de Graaf
Gary Barton (Alternate)

TASK FORCE(S)

1. City/County Criminal Justice Task Force
Mike Restuccia
Dean Uecker (Alternate)
City Administrator
Chief of Police

1.3.A.a
Packet Pg. 85
Attachment: Council Member Assignments 2023 (23-1 : Council Committee Appointments and Task Forces) Exhibit A

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.

Daniel de Graaf
Mike Restuccia
City Administrator
City Attorney

2. Community Concerns & Public Engagement
Purpose: Meet with concerned citizens or local organizations regarding concerns over existing City policies.

Leo Zuber
Mike Restuccia
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.

Leo Zuber
Mike Restuccia
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.

Dean Uecker
Mike Restuccia
City Administrator
City Clerk
Planning Director

1.3.A.a
Packet Pg. 86
Attachment: Council Member Assignments 2023 (23-1 : Council Committee Appointments and Task Forces) Exhibit A

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.

Gary Barton
Leo Zuber
City Administrator
Planning Director

6. Budget Development
Purpose: Consider budget policies and make a recommendation on policies for the City Council’s consideration.

Daniel de Graaf
Mike Restuccia
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.

Leo Zuber
Dean Uecker (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 Dean Uecker
tbd (Public Member)
City Administrator
Recreation Director

1.3.A.a
Packet Pg. 87
Attachment: Council Member Assignments 2023 (23-1 : Council Committee Appointments and Task Forces) Exhibit A

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.

Leo Zuber
Daniel de Graaf
City Administrator
City Attorney
Ripon Unified School District Ripon Consolidated Fire District Chamber of Commerce City of Manteca
Ripon Christian Schools City of Lathrop

CITY COUNCIL POSITIONS

1. Council Check Review
Gary Barton

1.3.A.a
Packet Pg. 88
Attachment: Council Member Assignments 2023 (23-1 : Council Committee Appointments and Task Forces) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 01/10/2023
Subject: Commission Appointments
RECOMMENDED ACTION: This resolution approves reappointments to the Planning and Recreation Commissions.

1.3.B
Packet Pg. 89
RESOLUTION NO. 23-2

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON APPROVING THE CITY COUNCIL

REAPPOINTMENTS TO THE PLANNING AND

RECREATION COMMISSIONS
WHEREAS, the City of Ripon wishes to reappoint Commission members to the Planning and Recreation Commissions and;
WHEREAS, the persons being appointed have expressed their interest in serving on said Commission.

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

PLANNING COMMISSION:

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

Debra Van Essen Seat 4
James West Seat 5
Reappoints to an alternate seat for a 4-year term:

Jeff Veilleux Seat 6 (alternate)
RECREATION COMMISSION:

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

Steve McPeak Seat 3
James Schuller Seat 4
Bryce Perkins Seat 5
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

1.3.B
Packet Pg. 90
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER:Gary Barton, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.B
Packet Pg. 91
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/10/2023
Subject: Amendment 3 to Ripon Police Officers' Association MOU This resolution adopts Amendment No. 3 to the Memorandum of Understanding for all employees of the City of Ripon Police Officers’ Association (RPOA) for Fiscal Years 2021 – 2024.

Attachments:

1. AMEND 2 POA_20210204

1.3.C
Packet Pg. 92
RESOLUTION NO. 23-3

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ADOPTING AMENDMENT NO. 3 TO THE

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

RIPON POLICE OFFICERS' ASSOCIATION
WHEREAS, the City Council of the City of Ripon is desirous of adopting Amendment No. 3 to the Memorandum of Understanding for all employees of the City of Ripon Police Officers’ Association (RPOA) for Fiscal Years 2021 – 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon does hereby adopt Amendment No. 3 attached hereto as Exhibit “A” to the Memorandum of Understanding for the period July 1, 2021 through June 30, 2024, filed with the City Clerk of the City of Ripon this 10
th day of January, 2023, as the current compensation plan for the City of Ripon for these employees.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.C
Packet Pg. 93
RPOA Memorandum ofUnderstanding
AMENDMENT #3 TO

MEMORANDUM OF UNDERSTANDfNG

July 1, 2021 through June 30, 2024

BETWEEN THE CITY OF RIPON

AND

RIPON POLICE OFFICERS' ASSOCIATION

On July 13, 2021, the City Council of the City of Ripon adopted Resolution No. 21-28, approving the 2021-2024 Memorandum of Understanding (MOU). The adjustments to wages, hours and conditions of employment that are set forth in this Amendment have been discussed by and between the bargaining representatives of the City of Ripon (hereinafter, "City") and the bargaining representatives of the Ripon Police Officers Association (hereinafter, "Association") and shall apply to all employees of the City working in the classifications of Patrol Officer.

The City and the Association agree as follows:

ARTICLE VI - SALARIES, Section P is hereby added to read in full as follows:

P. Effective January 10,2023 , all employees of the City working in the classifications of Patrol Officer as of June 30, 2022 shall receive an off-schedule onetime payment equal to 3 percent of the employee's annual salary as referenced in Article VI Section L of the MOU. This off-schedule one-time payment will have no bearings on any future salary negotiations.

1. Any employee on probation at this time, will receive this 3 percent offschedule one-time payment upon the completion of probation.

2. Any employee who has separated from the City for any reason is ineligible for this off-schedule one-time payment.

Except as amended herein, the 2021-2024 MOU and each tenn and condition contained therein shall remain unchanged and shall continue in full force and effect.

Signatories to the Amendment of the 2021-2024 Memorandum of Understanding between the City and the Association:

FOR RIPON POLICE OFFICERS' FOR THE CITY OF RIPON

ASSOCIATION
s:t?~~~~ ~.~ Paul Rourick, POA Presiden?'
Date: DI - D4-~
Kevin wernet C[; Administrator
Date: \
,
'i , "'7

FOR RIPON POLICE OFFICERS'

ASSOCIATION
January 4,2023
Exhibit A

1.3.C.a
Packet Pg. 94
Attachment: AMEND 2 POA_20210204 (23-3 : Amendment 3 to Ripon Police Officers' Association MOU) RPOA
Chief Negotiator
2 January
Type text here
Exhibit A

1.3.C.a
Packet Pg. 95
Attachment: AMEND 2 POA_20210204 (23-3 : Amendment 3 to Ripon Police Officers' Association MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/10/2023
Subject: Amendment 3 to Ripon Police Sergeants' Association MOU This resolution adopts Amendment No. 3 to the Memorandum of Understanding for all employees of the City of Ripon Sergeants’ Association (RSA) for Fiscal Years 2021 – 2024.

Attachments:

1. AMEND 3 RSA_20230104

1.3.D
Packet Pg. 96
RESOLUTION NO. 23-4

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ADOPTING AMENDMENT NO. 3 TO THE

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

RIPON POLICE SERGEANTS' ASSOCIATION
WHEREAS, the City Council of the City of Ripon is desirous of adopting Amendment No. 3 to the Memorandum of Understanding for all employees of the City of Ripon Sergeants’ Association (RSA) for Fiscal Years 2021 – 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon does hereby adopt Amendment No. 3 attached hereto as Exhibit “A” to the Memorandum of Understanding for the period July 1, 2021 through June 30, 2024, filed with the City Clerk of the City of Ripon this 10
th day of January, 2023, as the current compensation plan for the City of Ripon for these employees.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.D
Packet Pg. 97
Exhibit A

1.3.D.a
Packet Pg. 98
Attachment: AMEND 3 RSA_20230104 (23-4 : Amendment 3 to Ripon Police Sergeants' Association MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/10/2023
Subject: Amendment 3 to Public Works MOU
This resolution adopts Amendment No. 3 to the Memorandum of Understanding for all employees of the City working in the classification of Public Works Maintenance, Public Works Foreman and Public Works Supervising Foreman for Fiscal Years 2021 – 2024.

Attachments:

1. AMEND 3 PW_20230109

1.3.E
Packet Pg. 99
RESOLUTION NO. 23-5

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ADOPTING AMENDMENT NO. 3 TO THE

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

RIPON WORKING IN THE CLASSIFICATIONS OF PUBLIC

WORKS MAINTENANCE, PUBLIC WORKS FOREMAN AND

PUBLIC WORKS SUPERVISING FOREMAN
WHEREAS, the City Council of the City of Ripon is desirous of adopting Amendment No. 3 to the Memorandum of Understanding for all employees of the City working in the classification of Public Works Maintenance, Public Works Forman and Public Works Supervising Foreman for Fiscal Years 2021 – 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon does hereby adopt Amendment No. 3 attached hereto as Exhibit “A” to the Memorandum of Understanding for the period July 1, 2021 through June 30, 2024, filed with the City Clerk of the City of Ripon on the 10
th day of January, 2023, as the current compensation plan for the City of Ripon for these employees.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

1.3.E
Packet Pg. 100
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER:Gary Barton, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.E
Packet Pg. 101
Exhibit A Public Works Memorandum of Understanding
1 January 9, 2023
AMENDMENT #3 TO

MEMORANDUM OF UNDERSTANDING
July 1, 2021 through June 30, 2024

BETWEEN THE CITY OF RIPON
AND

RIPON CITY EMPLOYEES' ASSOCIATION
On July 13, 2021, the City Council of the City of Ripon adopted Resolution No. 21-26, approving the 2021-2024 Memorandum of Understanding (MOU). The adjustments to wages, hours and conditions of employment that are set forth in this Amendment have been discussed by and between the bargaining representatives of the City of Ripon (hereinafter, "City") and the bargaining representatives of the Ripon City Employees' Association (hereinafter, "Association") and shalt apply to all employees of the City working in the classifications of Public Works Maintenance, Public Works Foreman, and Public Works Supervising Foreman.

The City and the Association agree as follows:

ARTICLE I – SALARIES, Section H is hereby added to read in full as follows:

H. Effective January 10, 2023, all employees of the City working in the classifications of this MOU as of June 30, 2022 shall receive an off-schedule onetime payment equal to 3 percent of the employee’s annual salary as referenced in Article 1 Section C of the MOU. This off-schedule one-time payment will have no bearings on any future salary negotiations.

1. Any employee on probation at this time, will receive this 3 percent offschedule one-time payment upon the completion of probation.

2. Part time employees in these positions will receive an equivalent of 3 percent based on their most recent 12 months of actual wages paid.

3. Any employee who has separated from the City for any reason is ineligible for this off-schedule one-time payment.

Except as amended herein, the 2021-2024 MOU and each term and condition contained therein shall remain unchanged and shall continue in full force and effect.

Signatories to the Amendment of the 2021-2024 Memorandum of Understanding between the City and the Association:

FOR RIPON CITY EMPLOYEES’ FOR THE CITY OF RIPON

ASSOCIATION
Jim Bodeson Kevin Werner
Public Works Union Representative City Administrator

1.3.E.a
Packet Pg. 102 Attachment: AMEND 3 PW_20230109 (23-5 : Amendment 3 to Public Works MOU) Exhibit A Public Works Memorandum of Understanding
2 January 9, 2023
Date: Date:

Darren Semore, OE3
Representative
Date:

1.3.E.a
Packet Pg. 103 Attachment: AMEND 3 PW_20230109 (23-5 : Amendment 3 to Public Works MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/10/2023
Subject: Unrepresented Employee Compensation Plan Resolution This resolution amends the employee compensation plan for Fiscal Year 2021 - 2022 for all administrative staff and non-represented Police Department employees.

1.3.F
Packet Pg. 104
RESOLUTION NO. 23-6

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AMENDING THE CITY OF RIPON EMPLOYEE
COMPENSATION PLAN FOR FISCAL YEAR 2021 - 2022 FOR

ALL ADMINISTRATIVE STAFF AND NON-REPRESENTED

POLICE DEPARTMENT EMPLOYEES
WHEREAS, the City Council of the City of Ripon is desirous of amending the Employees’ Compensation Plan for all employees of the City of Ripon Administrative Staff and Non-Represented Police Department employees (“Employees”) for Fiscal Year 2021-2022; and WHEREAS, all other terms/conditions shall remain the same for the remaining Administrative Staff and Non-Represented Police Department Employees for Fiscal Year 2021- 2022.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon does hereby amend the Employees’ Compensation Plan for the period July 1, 2021 to June 30, 2022 to add the following:
(1) Effective January 10, 2023, all Employees as of June 30, 2022 shall receive an offschedule one-time payment equal to 3 percent of the employee’s annual salary at the time of payment. This off-schedule one-time payment will have no bearing on any future salary adjustments.
a. Any employee on probation at this time will receive this 3 percent offschedule one-time payment upon completion of probation. b. Part time employees will receive an equivalent of 3 percent based on their most recent 12 months of actual wages paid.
c. Any employee who has separated from the City for any reason is ineligible for this off-schedule one-time payment.

1.3.F
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.F
Packet Pg. 106
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/10/2023
Subject: Landscape Maintenance Districts - 1st Annual Resolution RECOMMENDED ACTION:

Requesting Council order the City Engineer to prepare the report for the Fiscal Year 2023-2024 pertaining to the annual assessments for the City of Ripon’s ten Landscape Maintenance Districts.

BACKGROUND:

Pursuant to the provision of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California and Proposition 218, the City Council conducts proceedings for the formation of the City of Ripon Landscape Maintenance Districts as outlined in the table below.

Formation of Landscape Maintenance District Check List
Step Description
1 City Council adopts the resolution of intention to undertake proceedings for the formation of an assessment district directing the City Engineer to prepare a report in connection with the proposed formation of the assessment district. (1st Formation Resolution)
2 City Council adopts the resolution approving the Engineer’s Report in connection with the proposed formation of the assessment district, declaring its intention to form an assessment district and setting a time and place for a public hearing. (2nd Formation Resolution)
3 City Council adopts the resolution ordering the formation of the assessment district. (3rd Formation Resolution)
4 City submits required documents to County to set up new tax code required to levy the assessment.

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DISCUSSION:

Upon formation of assessment district, the City is required to go through a process to approve the levying of the annual assessment district fees. The following table outlines the steps required to approve the levying of the annual assessments.

Annual Levy of Landscape Maintenance District Assessment Check List Step Description
1 City Council initiates the Landscape Maintenance District proceedings and adopts a resolution directing City Engineer to prepare the Engineer’s Report pertaining to the annual assessments. (1st Annual Resolution)
2 City Council adopts (1) a resolution giving preliminary approval of the Engineer’s Report, and (2) a resolution declaring its intention to order the levy and collection of the annual assessments and setting a time and place for a public hearing. (2 nd & 3rd Annual
Resolution)
3 City Council adopts a resolution determining the amount of and approving the levy and collection of the annual assessments. (4
th Annual Resolution)
4 City submits required documents to County to levy annual assessments for the coming fiscal year.

The attached resolution is the 1
st step in the annual process to levy assessments for the City of Ripon’s ten Landscape Maintenance Districts for the coming fiscal year.

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Packet Pg. 108
RESOLUTION NO. 23-7

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ORDERING THE CITY ENGINEER TO PREPARE ON

BEHALF OF THE CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR 2023-2024 PERTAINING

TO THE ANNUAL ASSESSMENTS FOR THE CITY OF

RIPON'S TEN LANDSCAPE MAINTENANCE DISTRICTS

LOCATED IN THE COUNTY OF SAN JOAQUIN,
CALIFORNIA.

WHEREAS, previous hereto pursuant to Resolutions adopted by the City Council of the City of Ripon, the Assessment Districts noted in the table below were formed creating an assessment district pursuant to the Landscaping and Lighting Act of 1972 for the maintenance of general landscaping and irrigation systems in the City of Ripon; and WHEREAS, pursuant to Section 22565, et seq. of the Streets and Highways Code of the State of California, the City Engineer is required to prepare and file with the City of Ripon a report for each fiscal year for which assessments are to be levied and collected by the City within said districts in order to pay for the costs of maintaining improvements as described in the Engineer’s Report.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Engineer is hereby ordered pursuant to Section 22565 of the Streets and Highways Code of the State of California to prepare and file the annual engineer’s report in reference to the Landscape Maintenance Districts noted in the table below pursuant to the Landscaping and Lighting Act of 1972, for approval by the City Council, which said report shall indicate the present boundaries, the description of the work of improvements for which assessments are to be levied for the fiscal year, the method of assessment spread, their estimate of the maintenance costs, the assessment roll, and the assessment diagram and boundary map within said Districts and their proposed annual assessments for the fiscal year commencing July 1, 2023, to and including June 30, 2024.

FORMATION OF LANDSCAPE MAINTENANCE DISTRICTS
District Name
Council
Acceptance Date Resolution No.

Dutch Meadows #89-1 November 7, 1989 89-60
Country Woods Unit No. 2 & Zumstein Estates Subdivisions #89-2 January 2, 1990 90-1 Farmland Estates #92-1 June 2, 1992 92-30
Main Street Landscape Maintenance District #94-1 June 7, 1994 94-36 Boesch-Kingery Estates #96-1 April 2, 1996 96-17
Jacobs Landing #98-1 May 5, 1998 98-37
Carolina’s Landscape Maintenance District #02-1 August 6, 2002 02-77 Cornerstone 1 Landscape Maintenance District #07-1 April 7, 2007 07-36 Alexandra Place #17-2 June 12, 2018 18-55
The Vineyards #17-1 June 12, 2018 18-54

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.G
Packet Pg. 110
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/10/2023
Subject: Lighting District - 1st Annual Resolution
RECOMMENDED ACTION:

Requesting Council order the City Engineer to prepare the report for the Fiscal Year 2023-2024 pertaining to the annual assessments for Assessment District 05-1 (City of Ripon Lighting District).

BACKGROUND:

Pursuant to the provision of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California and Proposition 218, the City Council undertook proceedings as outlined below for the formation of the City of Ripon Lighting District.

At the October 19, 2004 City Council meeting, Council adopted Resolution No. 04-60 proposing the formation of a new assessment district and directing the City Engineer to prepare a report in connection with the proposed formation of the assessment district.

At the November 2, 2004 City Council meeting, Council adopted Resolution No. 04-66 approving the Engineer’s Report in connection with the proposed formation of the assessment district, declaring its intention to form an assessment district and setting a time and place for a public hearing.

On November 20, 2004, the City of Ripon, by and through the San Joaquin County Board of Supervisors, held a public hearing on the issues of formation of the proposed new assessment district, to be called the Ripon Lighting District and to be governed by this City Council (previously governed by the County of San Joaquin), and the proposed increase of the annual assessment from $25.00 to $42.00 upon assessable lots and parcels of land.

At the December 7, 2004 City Council meeting, Council adopted Resolution No. 04-70 ordering the formation of the Ripon Lighting District and increasing the annual assessment upon

1.3.H
Packet Pg. 111
assessable lots and parcel of land within the Ripon Lighting District from $25.00 to $42.00 effective July 1, 2005.

At the February 4, 2005 City Council meeting, Council adopted Resolution No. 05-02 renaming the “Ripon Lighting District” to the “City of Ripon Lighting District”.

DISCUSSION:

Upon formation of assessment district, the City is required to go through a process to approve the levying of the annual assessment district fees. The following table outlines the steps required to approve the levying of the annual assessments.

Annual Levy of Lighting District Assessment Check List
Step Description
1 City Council initiates the Lighting District proceedings and adopts a resolution directing City Engineer to prepare the Engineer’s Report pertaining to the annual assessments. (1st Annual Resolution)
2 City Council adopts (1) a resolution giving preliminary approval of the Engineer’s Report, and (2) a resolution declaring its intention to order the levy and collection of the annual assessments and setting a time and place for a public hearing. (2nd & 3rd Annual Resolution)
3 City Council adopts a resolution determining the amount of and approving the levy and collection of the annual assessments. (4th Annual Resolution) 4 City submits required documents to County to levy annual assessments for the coming fiscal year.

The attached resolution is the 1st step in the annual process to levy assessments for the City of Ripon Lighting District for the coming fiscal year.

1.3.H
Packet Pg. 112
RESOLUTION NO. 23-8

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ORDERING THE CITY ENGINEER TO PREPARE ON

BEHALF OF THE CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR 2023-2024 PERTAINING

TO THE ANNUAL ASSESSMENTS FOR ASSESSMENT
DISTRICT NO. 05-1, CITY OF RIPON, COUNTY OF SAN

JOAQUIN CALIFORNIA, COMMONLY KNOWN AS CITY OF

RIPON LIGHTING DISTRICT
WHEREAS, previous hereto pursuant to Resolution No. 04-70 and 05-2 adopted by the City Council of the City of Ripon, Assessment District No. 05-1, commonly known as City of Ripon Lighting District, was formed creating an assessment district pursuant to the Landscaping and Lighting Act of 1972 for the maintenance of street lights in the City of Ripon; and WHEREAS, pursuant to Section 22565, et seq. of the Streets and Highways Code of the State of California, the City Engineer is required to prepare and file with the City of Ripon a report for each fiscal year for which assessments are to be levied and collected by the City within said district in order to pay for the costs of maintaining improvements as described in the engineer’s report.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Engineer is hereby ordered pursuant to Section 22565 of the Streets and Highways Code of the State of California to prepare and file the annual engineer’s report in reference to Assessment District No. 05-1 for City of Ripon Lighting District pursuant to the Landscaping and Lighting Act of 1972, for approval by the City Council, which said report shall indicate the present boundaries, the description of the work of improvements for which assessments are to be levied for the fiscal year, the method of assessment spread, his estimate of the maintenance costs, the assessment roll, and the assessment diagram and boundary map within said Assessment District No. 05-1 and their proposed annual assessments for the fiscal year commencing July 1, 2023, to and including June 30, 2024.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

1.3.H
Packet Pg. 113
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER:Gary Barton, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.H
Packet Pg. 114
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/10/2023
Subject: Second Amendment to Vaughan Construction Maintenance Repair Contract

RECOMMENDATION
Approve and authorize the Mayor to sign the Second Amendment to the Sidewalk Maintenance Repair Contract with Vaughan Construction for continued removal and repair of sidewalk trip hazards in the not to exceed amount of $50,000 (funding source: Street and Road Operating Fund).

BACKGROUND
In an effort to help reduce sidewalk trip hazards, the City Council approved a contract with Vaughn Construction on July 9, 2019 to remove and replace sidewalk where trip hazards exist in an amount not to exceed $50,000. Residents who are notified of a sidewalk trip hazard they are responsible to repair may also use Vaughn Construction and take advantage of the City rate, if they chose, and reimburse the City for that expense.

At the October 13, 2020 City Council meeting, Council approved and authorized the Mayor to sign the First Amendment to the Sidewalk Maintenance Repair Contract for continued removal and repair of sidewalk trip hazards with a not-to-exceed amount of $50,000.

DISCUSSION/ANALYSIS
Vaughan Construction has repaired several trip hazards at a total of 70 locations throughout Ripon. As of December 31, 2022, there is $1,223 left in their contract. Additionally, there are 14 reported trip hazards yet to be repaired, with a total cost of $23,630.50. City staff is requesting an increase to Vaughan Construction’s Contract in an amount of $50,000.

FISCAL IMPACT
The attached second amendment to the Sidewalk Maintenance Repair Contract with Vaughan Construction has a not-to exceed amount of $50,000, which will be paid for through the Street

1.4.A
Packet Pg. 115
and Road fund. If private parties responsible for repairs elect to use the City hired Contractor, they will reimburse the City for work performed.

Attachments:

1. 2nd Amendment_Vaughan Construction

1.4.A
Packet Pg. 116

1.4.A.a
Packet Pg. 117 Attachment: 2nd Amendment_Vaughan Construction (3685 : Second Amendment to Vaughan Construction Maintenance Repair Contract) January 10, 2023
Vaughan Construction
Phone: 209-824-4559
vaughanconstruction.net
Proposal
QUAN. UNIT UNIT PRICE AMOUNT
LF Saw Cut Concrete, Asphalt Concrete $9.50 $ -
SF Remove Concrete, Asphalt Concrete $8.50 $ -
LF Remove Curb and Gutter $24.00 $ -
EA Root Removal Under Sidewalk or in Planter Area $575.00 $ - EA Root Removal Under Curb and Gutter $575.00 $ -
SF Install Sidewalk or Residential Driveway (0 - 75 SF) $18.50 $ - SF Install Sidewalk or Residential Driveway (76 - 300 SF) $16.00 $ - SF Install Sidewalk or Residential Driveway (>300 SF) $13.75 $ - SF Install Commercial Driveway $74.75 $ -
SF Install Curb Ramp $48.25 $ -
SF Install Truncated Domes (3' x 4' typical) $172.50 $ - LF Install Curb and Gutter (0 - 20 LF) $39.00 $ -
LF Install Curb and Gutter (21 - 50 LF) $36.75 $ -
LF Install Curb and Gutter (>51 LF) $34.50 $ -
SF Install 4" Asphalt Concrete (0-100 SF) $16.00 $ -
SF Install 4" Asphalt Concrete (101-500 SF) $13.75 $ -
SF Install 4" Asphalt Concrete (501-1,000 SF) $11.25 $ - SF Install 4" Asphalt Concrete (1,001-5,000 SF) $9.00 $ - SF Install 4" Asphalt Concrete (5,000+ SF) $8.50 $ -
SF Miscellaneous Concrete & Asphalt Subgrade Compaction $8.50 $ - EA Move-In Cost for Jobs Less Than $1,000 $250.00 $ -
Original Agreement Date: July 9, 2019
Original Project Description:

The Contractor will perform repairs on-call as requested by the City of Ripon. The City of Ripon shall notify the Contractor in writing regarding services needed. The Contractor shall begin work on the requested repairs no later than 3 weeks from the date of the notification, extensions will be granted for weather delays. The repairs will be grouped together and will be performed 3 to 5 times annually depending on number of hazards.

The intent of each repair is to remove the primary cause of the indicated hazard and restore the concrete to an acceptable form that is in compliance with the City of Ripon Standard Plans and the Americans with Disabilities Act.

This amendment will modify the unit price in the orignal contract. It is for continued services with an amount NOT TO EXCEED FIFTY Thousand Dollars. ($50,000) Unless expressly amended herein,m the remaining terms and conditions of the General Services Agreement dated July 9, 2019, shall remain in full force and effect. 2ND AMENDMENT TO THE CITY OF RIPON

SIDEWALK MAINTENANCE REPAIR CONTRACT
DATED JULY 9, 2019

EXHIBIT A

1.4.A.a
Packet Pg. 118 Attachment: 2nd Amendment_Vaughan Construction (3685 : Second Amendment to Vaughan Construction Maintenance Repair Contract) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 01/10/2023
Subject: Animal Shelter Cabinet Replacement Contract
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the contract with Culinary Stainless Fabricators to purchase and install replacement cabinets for the City Animal Shelter in the not to exceed amount of $28,976.95 (funding source: General Department Capital Fund).

DISCUSSION/ANALYSIS:

The existing City Animal Shelter was constructed in 2003 and it has been widely used by the community over the past 20 years. There are a number of areas within the shelter in need of replacement, including cabinets in the food prep/wash room, interior and exterior doors and the flooring in the office and storage spaces.

The attached contract with Culinary Stainless Fabricators is to install lower and upper cabinets in both the food prep/wash room and the euthanasia room. These rooms are washed down regularly and staff recommends installing stainless steel to avoid similar deterioration of the cabinets in the future.

Staff is obtaining additional proposals to replace the existing doors and flooring and will present them to the City Council for consideration at a later date.

FISCAL IMPACT:

The attached maintenance project has a not to exceed cost of $28,976.95, which will be paid for through the General Department Capital Fund.

Attachments:

1. Animal Shelter - Culinary Stainless Contract

1.4.B
Packet Pg. 119

CITY OF RIPON

SAN JOAQUIN COUNTY, CALIFORNIA

SPECIFICATIONS
0BFOR
Animal Shelter Cabinet
Replacement Project

1.4.B.a
Packet Pg. 120 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract)

TABLE OF CONTENTS

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

1.4.B.a
Packet Pg. 121 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract)

CITY OF RIPON

PROPOSAL
SECTION 1

1.4.B.a
Packet Pg. 122 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 1 1.4.B.a
Packet Pg. 123 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) CSF ESTIMATOR: LOU SAECHAO
TO:

Job Site:

ATTN:

REVISED-1 as of 12/28/22
Item # Qty. Description Unit Price Total
PRICES ARE VALID FOR 30 DAYS - AFTER 30 DAYS QUOTE MAY

BE SUBJECT TO CHANGE BASED ON METAL PRICE INCREASES OR

INVENTORY AVAILABILITY
1 1 S/S CABINET (16GA TOP AND 18GA BODY), APPROX. 108" X 24-1/4" X 36" TALL, W/ (1) INTEGRAL SINK, APPROX. 24-1/2" X 18" X 12" DEEP, W/ BASKET STRAINER, W/ 8" CENTER FAUCET HOLES ON DECK, W/ (5) S/S HINGED DOORS (NO LOCKS), W/ 4" BACK AND LEFT AND END SPLASH, W/ PARTIAL INTERMEDIATE SHELVING, W/ 6" TALL S/S LEGS, W/ ADJ

BULLET FEET
6,058.00 6,058.00

1.2 1 T&S DECK MOUNTED FAUCET, 10" SWING SPOUT 265.00 265.00 2 1 18GA S/S UPPER WALL MOUNTED CABINET, APPROX. 108" X 14" X 36" TALL, W/ (5) S/S HINGED DOORS (NO LOCKS), W/ FULL INTERMEDIATE SHELF
4,966.00 4,966.00
3 1 S/S CABINET (16GA TOP AND 18GA BODY), APPROX. 60" X 24-1/4" X 36" TALL, W/ (1) INTEGRAL SINK, APPROX. 24" X 18" X 12" DEEP, W/ BASKET STRAINER, W/ 8" CENTER FAUCET HOLES ON DECK, W/ (3) S/S HINGED DOORS (NO LOCKS), W/ 4" BACK AND LEFT AND END SPLASH, W/ PARTIAL INTERMEDIATE SHELVING, W/ 6" TALL S/S LEGS, W/ ADJ

BULLET FEET
3,770.00 3,770.00

3.2 1 T&S DECK MOUNTED FAUCET, 10" SWING SPOUT 265.00 265.00 4 1 18GA S/S UPPER WALL MOUNTED CABINET, APPROX. 60" X 14" X 36" TALL, W/ (5) S/S HINGED DOORS (NO LOCKS), W/ FULL INTERMEDIATE SHELF
2,860.00 2,860.00
DWG 1 SHOP DRAWINGS 500.00 500.00
MISC 1 FIELD MEASURING 500.00 500.00
S&H 1 SHIPPING AND HANDLING 825.00 825.00

RIPON, CA
OFFICE: 209-599-2108 CITY OF RIPON
JAMES | DIRECT: 209-599-0225
Quote #5297

CITY OF RIPON
259 N. WILMA AVE
RIPON, CA 95366

CULINARY STAINLESS FABRICATORS
1925 N. MacArthur Dr. #300 Tracy, CA 95376
Phone: (209) 740-4280 Fax: (209) 740-4278
Contractors' Lic. #954005
Date: 7/28/2022

1.4.B.a
Packet Pg. 124 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) INSTALL 1 INSTALL OF THE ABOVE CUSTOM STAINLESS ONLY AT PREVAILING

WAGE DURING REGULAR HOURS
**PLEASE NOTE: DEMO OF EXISTING EQUIPMENT, ELECTRICAL, AND

PLUMBING BY OTHERS
7,456.00 7,456.00
TERMS ARE 50% DOWN, 40% BEFORE INSTALL, AND 10% RETENTION Subtotal 27,465.00
Tax 7.75% 1,511.95
Total $ 28,976.95
Terms 50/40/10
Date__________ By_______________________________ Date___________ By________________________ Acceptance
Upon acceptance, please sign and return with your Purchase Order

1.4.B.a
Packet Pg. 125 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 1 CONTRACTOR:__________________________________________________________________________ ADDRESS: ___________________________________________TELEPHONE NO.: ___________________ CONTRACTOR’S LICENSE NO.: ___________________ LICENSE EXPIRATION DATE: _______________ PUBLIC WORKS REGISTRATION (PWCR) NO: ______________
BY: _________________________________ TITLE:_________________________ The contractors’ license number and expiration date stated herein are made under penalty or perjury.

1.4.B.a
Packet Pg. 126 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract)

CITY OF RIPON

CONTRACT
SECTION 2

1.4.B.a
Packet Pg. 127 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 1 CONTRACT FOR
Animal Shelter Cabinet Replacement Project

RIPON, CALIFORNIA
This Contract made and entered into this 10th day of January , 2023 by and between the CITY OF RIPON, hereinafter called the "City" whose office and principal place of business is in Ripon, San Joaquin County, California, and Culinary Stainless Fabricators hereinafter called the "Contractor", who’s Post Office address is 1925 N. MacArthur Dr. #300 Tracy, CA 95376.
- WITNESSETH -
That the City has awarded to the Contractor upon his proposal duly submitted, the Contract for doing the work and furnishing the materials and equipment described in the Plans and Specifications bound herewith, on the terms stated as follows:

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

c) To complete said work within the time stated in the proposal. d) To do and perform the work contemplated hereby and furnish all labor, material, appliances, equipment, tools, and pay all taxes therefore, in the amount and at the prices specified in the proposal form submitted by the Contractor, a conformed copy of which is attached to and made a part of the Contract
e) To procure and maintain Commercial General Liability, Automobile Liability, Workers’ Compensation and Employers’ Liability coverage forms and endorsements, as specified in the Insurance Requirements for Contractors. f) That the obligation to procure and maintain the required insurance coverage is independent of the Contractor’s obligation to defend, hold harmless and indemnify the City as specified in this Contract. The failure of the Contractor to procure and maintain the required liability insurance does not in any way negate the Contractor’s obligations in this Contract.
g) That in the event of loss due to any of the perils for which it has agreed to provide liability insurance coverage, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to the City, on behalf of any insurer providing liability coverage to either Contractor or City, a waiver of any

1.4.B.a
Packet Pg. 128 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 2 right to subrogation which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance. h) Wherever and whenever the word “City” is used in this Contract, it shall mean the “City of Ripon.” This shall also apply to the Insurance Requirements for Contractors, as well as to the Proposal, Contract, Specifications and all required bonds. The address of the City is 259 North Wilma Avenue, Ripon, CA 95366.

2. The City agrees to pay the Contractor the Contract prices provided for herein in the following manner:
a) According the schedule outlined in the proposal included as Section 1.

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

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

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

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

Accepted Proposal
Contract
City of Ripon Standard Specifications

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, on the day and year first above written.

BY:
(CITY OF RIPON)
CONTRACTOR:

BY:

TITLE:

1.4.B.a
Packet Pg. 129 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 3 1.4.B.a
Packet Pg. 130 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 4 HOLD HARMLESS AND INDEMNIFICATION
Contractor hereby agrees to defend, hold harmless and indemnify the City, its officers, public officials, employees and volunteers from and against any and all liabilities, loss, damage, expenses (including without limitation the costs and fees associated with any associated litigation) of any nature arising out of or in connection with the work performed by the Contractor or Contractors employees or agents, or by the Contractor’s failure to comply with the obligations specified in this Contract, except such loss or damage caused by the sole negligence, active negligence, or willful misconduct of the City, its officers, public officials, employees or volunteers.

Contractor: Culinary Stainless Fabricators
_______________________________________________________ By _____________________________________ Date_________________

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Packet Pg. 131 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 1 CITY OF RIPON

INSURANCE REQUIREMENTS

FOR CONTRACTORS
SECTION 3

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Packet Pg. 132 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 2 INSURANCE REQUIREMENTS FOR CONTRACTORS
BIDDER’S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT

IS HIGHLY RECOMMENDED THAT BIDDERS CONSULT WITH THEIR RESPECTIVE

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

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

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

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

A. MINIMUM SCOPE OF INSURANCE

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

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

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

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

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

1.4.B.a
Packet Pg. 133 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 3 6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.

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

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

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

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

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

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

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

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

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Packet Pg. 134 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 4 employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

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

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

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

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

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

1.4.B.a
Packet Pg. 135 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 5 EXHIBIT A
expenses (including without limitation the costs and fees associated with any associate litigation) of any nature arising out of or in connection with the work performed by the Contractor, or by the Contractor’s failure to comply with the obligation specified in this Proposal, except such loss or damage caused by the sole negligence or willful misconduct of the City, its officers, public officials, employees or volunteers I. FOR CONSTRUCTION RISKS
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.

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

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

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

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Packet Pg. 136 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 6 INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

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

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Packet Pg. 137 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) 7 SIGNATURE OF INSURER OR

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

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

TELEPHONE: ( )

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

1.4.B.a
Packet Pg. 138 Attachment: Animal Shelter - Culinary Stainless Contract (3690 : Animal Shelter Cabinet Replacement Contract) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 01/10/2023
Subject: California CAD Solutions, Inc. - City GIS System RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the agreement with California CAD Solutions, Inc. to create an updated City of Ripon GIS (Geographic Information System). Cost not to exceed $36,940 which will be paid for by Local Early Action Planning grant funds and Regional Early Action Planning grant funds.

BACKGROUND:

The City of Ripon’s current GIS system is outdated and becoming less valuable to the City departments that rely on this data. The software that is used as part of the GIS system has been discontinued and updates are no longer available and current staff does not know how to write the code that runs the software. The GIS system stores a variety of information used by all City departments, including parcel ownership, parcel size, tax assessment, building size, utility information, etc. Additionally, the GIS system stores information of the City’s water, sewer, storm, street light infrastructure. The current information in the system is accurate, but as new construction has happened, the GIS system has not been updated over the last couple of years.

DISCUSSION/ANALYSIS:

City staff has requested a scope and fee from California CAD Solutions, Inc., a Modesto based firm who specializes in AutoCAD and GIS services, to update the City’s GIS system. The proposal would include migrating all the relevant data from our current system to the new software and updating the GIS program with the City’s new and outdated information.

Additional services provided with this scope would include training staff on the new system and training our IT Department on how to update our new GIS system monthly with current property ownership information. The new program will require a yearly (12-month) subscription for the new DashGIS software to run the new GIS system which is $495 per month.

FISCAL IMPACT: The entire cost of the initial system setup and training with California

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Packet Pg. 139
CAD Solutions, Inc. is a not to exceed amount of $36,940. The scope of work will be paid by Local Early Action Planning grant funds and Regional Early Action Planning grant funds. The ongoing expense for the software subscription of $495 per month will be paid through the City’s General Fund.

Attachments:

1. Services Agreement with CALCAD

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Packet Pg. 140
Professional Services Agreement - Page 1 of 7
City GIS System
California CAD Solutions, Inc.

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
California CAD Solutions, Inc.

This Agreement for Professional Services (“Agreement”) is entered into on, January 10, 2023 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and California CAD Solutions, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,

1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

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 $36,940.00 for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

2.1 Invoices. Consultant shall submit invoices as necessary 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.

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.

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Packet Pg. 141 Attachment: Services Agreement with CALCAD (3691 : California CAD Solutions, Inc. - City GIS System) Professional Services Agreement - Page 2 of 7
City GIS System
California CAD Solutions, Inc.

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. (Rev 3/18)

3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.

Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

3.2 Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

3.3 Auto Liability. Consultant shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.

3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

3.5 All Policies Requirements.

3.5.1 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 3.

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Packet Pg. 142 Attachment: Services Agreement with CALCAD (3691 : California CAD Solutions, Inc. - City GIS System) Professional Services Agreement - Page 3 of 7
City GIS System
California CAD Solutions, Inc.

3.5.2 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.

Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. (Rev 3/18)

4.1 Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

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.

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Packet Pg. 143 Attachment: Services Agreement with CALCAD (3691 : California CAD Solutions, Inc. - City GIS System) Professional Services Agreement - Page 4 of 7
City GIS System
California CAD Solutions, Inc.

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 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. 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

1.4.C.a
Packet Pg. 144 Attachment: Services Agreement with CALCAD (3691 : California CAD Solutions, Inc. - City GIS System) Professional Services Agreement - Page 5 of 7
City GIS System
California CAD Solutions, Inc.
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 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. This clause does not include instruments of service.

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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Packet Pg. 145 Attachment: Services Agreement with CALCAD (3691 : California CAD Solutions, Inc. - City GIS System) Professional Services Agreement - Page 6 of 7
City GIS System
California CAD Solutions, Inc.

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 Kevin Werner, 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:

Raymond Kinser
Founder & President
California CAD Solutions, Inc.

P.O. Box 4779
Modesto, CA 95352
Any written notice to the City shall be sent to:

Mr. Ken Zuidervaart
Planning Director
City of Ripon
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 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.

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Packet Pg. 146 Attachment: Services Agreement with CALCAD (3691 : California CAD Solutions, Inc. - City GIS System) Professional Services Agreement - Page 7 of 7
City GIS System
California CAD Solutions, Inc.

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 Raymond Kinser, Founder &
President
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney

1.4.C.a
Packet Pg. 147 Attachment: Services Agreement with CALCAD (3691 : California CAD Solutions, Inc. - City GIS System) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 01/10/2023
Subject: Proclamation - Ripon High School
RECOMMENDED ACTION:

Present a proclamation to Ripon High School in recognition of its outstanding athletic accomplishments.

Attachments:

1. Ripon High School Proclamation_2022

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Packet Pg. 148

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Attachment: Ripon High School Proclamation_2022 (3703 : Proclamation - Ripon High School) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 01/10/2023
Subject: Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public Hearing
RECOMMENDED ACTION:

Should the City Council agree with the Planning Commission’s and Staff’s recommendation, the following motion would be appropriate”
“The City Council approves the recommended rezones for 820 N. Stockton Avenue and 225 Franklin Lane, from UR (Urban Reserve) to R1 (Single Family Residential).” BACKGROUND:

The City of Ripon received an application to rezone two properties and subdivide one into four single family residential parcels in order to develop a total of five single family homes, located at 820 N. Stockton Avenue and 225 Franklin Lane.

In order to rezone properties within the City of Ripon, the rezone request shall be consistent with the General Plan Land Use Map and the Planning Commission shall conduct a public hearing regarding the matter. At the conclusion of the public hearing, the Planning Commission shall recommend approval or denial of the application by the City Council.

The City Council shall then conduct another public hearing on the matter to review the Planning Commission’s recommendation and take final action. If approved, the rezone shall be subject to the adoption of an ordinance by the City Council.

PLANNING COMMISSION ACTION:

On December 19, 2022 the Planning Commission held a public hearing to consider the rezone request and to provide the public an opportunity to comment on the proposed rezone project. At

2.A
Packet Pg. 150
that meeting several residence spoke regarding the project, however none in opposition of the proposed rezone and parcel map.

Subsequently, the Planning Commission took action, with a 3-0 vote, to approve the 820 N.

Stockton Avenue parcel map request and to recommend that the City Council approve the request to rezone 820 N. Stockton Avenue and 225 Franklin Lane from UR (Urban Reserve) to R1 (Single Family Residential).

Attachments:

1. Planning Commission Staff Report for PM22-76 and Z22-75

2. December 19, 2022 Planning Commission Minutes

3. Public Hearing Notice - City Council

2.A
Packet Pg. 151
Planning Commission
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Planning Commissioners
From: Ken Zuidervaart, Planning Director
Date: 12/19/2022
Subject: 820 N. Stockton Avenue Parcel Map (PM22-76) and Rezone (Z22-75) Discussion:

The request is to rezone two properties and subdivide one into four single family residential parcels in order to construct four single family residential homes. The project sites are located at 225 Franklin Lane and 820 N. Stockton Avenue.

Rezone:

The owner is requesting to rezone two properties from Urban Reserve (UR) to Single Family Residential (R1) to allow for the construction of single family homes. Urban Reserve zoning designations are placed on parcels planned to be residential properties located within the current City limits, but have yet to officially develop. In order for development to occur (building of single family homes) the property must be zoned correctly, hence the request for the rezoning. The requested zone classification of R1 is consistent with the General Plan land use designation for the properties, which is Low Density Residential (LD).

In order to rezone the properties, the Planning Commission must make a recommendation to the City Council regarding the rezoning classification. If the City Council concurs, then an ordinance must be adopted to finalize the process.

Tentative Parcel Map:

The applicant is wishing to subdivide one of the properties (820 N. Stockton Avenue) in order to create a total of four single family residential lots. Two of the lots will face N.

Stockton Avenue, one of which already contains a single family home. The existing single family home will be modified to comply with all required setbacks for the R1 district. The remaining two lots will face Franklin Lane, and will be designed as cul-de-sac lots. All lots

1.B
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2.A.a
Packet Pg. 152 Attachment: Planning Commission Staff Report for PM22-76 and Z22-75 (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane meet and exceed R1 standards in size and dimensions. The following improvements will be required upon development of the lots:

1. Water and sewer services will have to be brought in from N. Stockton Avenue for the two lots on N. Stockton Avenue and from Franklin Lane for the two lots on Franklin Lane. The streets will have to be slurry sealed as approved by the City Engineer upon completion of those improvements.

2. Roadway dedication, along with a PUE (Public Utility Easement) dedication will be required for the lots on Franklin Lane.

3. Installation of curb, gutter, sidewalk and asphalt will be required for the lots on Franklin Lane.

4. All dry utility improvements on Franklin Lane will be required to be underground.

5. Additionally, curb, gutter, sidewalk will be required for the Franklin Lane lot.

On December 6, 2022, a meeting was held with the project review committee and the applicant to review the project and discuss concerns and conditions of approval. The comments and conditions of approval received during the review period have been incorporated into the staff report where appropriate.

Findings:

1. Consistency Finding - The proposed subdivision is consistent with the goals, policies, standards, and maps of the General Plan, any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.  Staff believes this finding can be made because the proposed project accomplishes the following General Plan Goals:
o Land Use and Growth Accommodations – Goal A, Goal F and Goal G o Circulation and Transportation – Goal A, Goal B and Goal C o Community Health and Safety – Goal B, Goal C, Goal D, Goal E and Goal F
o Open Space and Conservation – Goal A and Goal D
o Housing – Goal A, Goal B, Goal C and Goal D

2. Design and Improvement Finding – The design and improvement of the proposed subdivision is consistent with the General Plan and any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.  Staff believes this finding can be made because the project incorporates all of the utility, roadway, water supply and other necessary infrastructure as identified in the City of Ripon’s General Plan and Master Plans.

3. Type of Development finding - The site is physically suitable for the type of development proposed, which includes verification that any portion of the project used for habitable structures, is not in the 100 year flood plain.
 Staff believes this finding can be made because the site meets and/or exceeds all related development standards for the parcels as outlined in the Ripon Municipal

1.B
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2.A.a
Packet Pg. 153 Attachment: Planning Commission Staff Report for PM22-76 and Z22-75 (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Code. Additionally, the site is not located in the 100 year flood plain.

4. Density of Development finding – The site is physically suitable for the proposed density of development.
 Staff believes this finding can be made because the site is consistent with the City of Ripon General Plan land use and growth accommodation chapter.

5. Fish and Wildlife finding – Neither the design of the subdivision nor the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
 Staff believes this finding can be made because the subdivision is occurring on a previously developed parcel with no potential habitat value for fish or wildlife.

6. Public Health Finding – The design of the subdivision or type of improvement is not likely to cause significant public health problems.
 Staff believes this finding can be made because the project is consistent with all General Plan and development standards, and because the application referral process has yielded no evidence that the project would be detrimental to the adjacent neighborhood or to the general public welfare.

7. Access Finding - The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.
 Staff believes this finding can be made based upon a review of the plans created and submitted for the project. The land subdivision does not appear to conflict with any easements or public access surrounding the site.

8. Dedication Finding – Any land or improvements to be dedicated to the City is consistent with the General Plan, any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.
 Staff believes this finding can be made based upon a review of the plans created and submitted for the project. Additionally, the applicant will be required to dedicate and improve certain right-of-way for all property frontages consistent with the City’s General Plan and Municipal Code.

9. Energy Finding – The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.  Staff believes this finding can be made because the subdivision parcel sizes and configurations, along with all required structure setbacks from property lines would allow for the design of structures to take advantage of the natural heating and cooling opportunities.

10. General Plan Consistency Finding - District rezonings or prezonings shall be consistent

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2.A.a
Packet Pg. 154 Attachment: Planning Commission Staff Report for PM22-76 and Z22-75 (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane with the General Plan.
 The rezoning is consistent with the City of Ripon’s General Plan.

Conditions:

Building Department – Todd Hatch (599-0284)

1. Demolition, construction and placement of all structures on the sites will be as approved and in compliance with all applicable building, electrical, plumbing codes and that any changes to the plans, as approved, will be submitted to the Planning Department for re-review and re-approval.

2. Proponent shall pay all necessary/current development fees for all resultant parcels prior to the issuance and/or finalization of any building permits for the site. For the existing structure, the proponent shall only pay the City water, sewer and storm development fees upon finalization of the building permit.

Engineering Department – Kevin Werner (599-0235)

3. Proponent shall enter into a Subdivision Improvement Agreement (SIA) with the City of Ripon Engineering Department. The SIA will incorporate all the following necessary improvements for the project:
a. Proponent shall dedicate a 10’-0” PUE along the property frontages (N.

Stockton Avenue and Franklin Lane).
b. Proponent shall dedicate and improve sufficient right-of-way on Franklin Lane to facilitate the development of the parcels. Such improvements shall include but not be limited to the following:
i. Dedication of sufficient right-of-way to finish off Franklin Lane. ii. Installation of necessary asphalt paving, curb, gutter and sidewalk along the street frontage.
c. Proponent agrees to destroy any and all existing wells and septic tanks/systems on site under permit and inspection by the San Joaquin County Environmental Health Division. A copy of such finalized permit shall be provided to the City of Ripon prior to project completion. d. Proponent agrees to cape seal the entire street along the project frontages as approved by the City Engineer.
e. Proponent agrees to re-stripe as necessary along N. Stockton Avenue and/or Franklin Lane as approved by the City Engineer.

4. Proponent shall submit off-site improvement plans (for Franklin Lane dedication and improvements) to the City Engineering Department for review and approval prior to starting the work. All improvements shall be constructed to the latest City of Ripon Standards and City Master Plans in effect at the time of construction plan approval.

The General Contractor shall obtain an encroachment permit through the Engineering Department prior to starting any work within the City right-of-way.

1.B
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2.A.a
Packet Pg. 155 Attachment: Planning Commission Staff Report for PM22-76 and Z22-75 (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane

5. Proponent shall work with the City of Ripon Engineering Department to finalize the Parcel Map process (Parcel Map Process flow chart attached).

6. Wherever there is a grade difference between neighboring lots, proponent agrees to install property line retaining walls. Grade difference thresholds for such requirement shall be as determined by the City Engineer.

Planning Department – Ken Zuidervaart (599-0222)

7. Resultant parcels shall meet all current applicable standards and regulations for the Single Family Residential (R1) district.

8. Proponent shall modify the existing residential structure under permit from the City of Ripon Building Department to comply with all required setbacks from the proposed new property line prior to receiving final approval/signatures on the proposed parcel map.

Miscellaneous

9. Proponent shall comply with the conditions as necessary in the attached letter dated October 4, 2022 from the Modesto Irrigation District.

10. Proponent shall comply with the conditions as necessary in the attached email dated October 5, 2022 from Frontier.

Environmental Analysis:

In accordance with the California Environmental Quality Act and the Guidelines, this project is exempt from CEQA pursuant to CEQA Guidelines Section 15162 and Categorically Exempt, pursuant to CEQA Guidelines Sections 15315.

Recommended Action:

Should the Planning Commission agree with staff’s recommendation, the following motion would be appropriate:

1. “The Planning Commission recommends that the City Council approve the rezone of 225 Franklin Lane and 820 N. Stockton Avenue (Z22-75), based on the findings and subject to the conditions of the staff report.”

2. “The Planning Commission approves the 820 N. Stockton Avenue Tentative Parcel Map (PM22-76), based on the findings and subject to the conditions of the staff report.”
General Application Information:

1.B
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2.A.a
Packet Pg. 156 Attachment: Planning Commission Staff Report for PM22-76 and Z22-75 (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane  Owner/Applicant: Manuel Alaniz / Manuel Alaniz
 Application#: Rezone (Z22-75) and Tentative Parcel Map (PM22-76)  GP Designation: LD (Low Density Residential)
 Zoning: UR (Urban Reserve)
Attachments:

1. Tentative Parcel Map - 22-76

2. Notice of Public Hearing

3. Vicinity Map

4. Site Images

1.B
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2.A.a
Packet Pg. 157 Attachment: Planning Commission Staff Report for PM22-76 and Z22-75 (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane

2.A.b
Packet Pg. 158 Attachment: December 19, 2022 Planning Commission Minutes (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public

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Packet Pg. 159 Attachment: December 19, 2022 Planning Commission Minutes (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public

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Packet Pg. 160 Attachment: December 19, 2022 Planning Commission Minutes (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public

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Packet Pg. 161 Attachment: December 19, 2022 Planning Commission Minutes (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public

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Packet Pg. 162 Attachment: December 19, 2022 Planning Commission Minutes (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public

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Packet Pg. 163 Attachment: December 19, 2022 Planning Commission Minutes (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public

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Packet Pg. 164 Attachment: December 19, 2022 Planning Commission Minutes (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon City Council will hold a public hearing on Tuesday, January 10, 2023 at 6:00 P.M. in the Council Chambers, 259 N.

Wilma Avenue, Ripon, on the following matter:

REZONE (Z22-75) for 820 N. Stockton Avenue and 225 Franklin Lane - a public hearing on a request to rezone a 40,730 sq. ft. (+/-) parcel and a 9,011 sq. ft. (+/-) parcel from UR (Urban Reserve) into R1 (Single Family Residential) for the purpose of constructing single family homes. This project is exempt from CEQA pursuant to CEQA Guidelines Section 15162 and Categorically Exempt, pursuant to CEQA Guidelines Section 15315.

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

CALIFORNIA, NOTICE IS HEREBY FURTHER GIVEN THAT IF SUCH PROPOSED

REZONE IS CHALLENGED IN COURT, SUCH CHALLENGES 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: December 29, 2022

2.A.c
Packet Pg. 165 Attachment: Public Hearing Notice - City Council (3687 : Rezone (Z22-75) for 820 N. Stockton Ave and 225 Franklin Lane Public Hearing) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 01/10/2023
Subject: 820 N. Stockton Ave and 225 Franklin Lane rezone ordinance RECOMMENDED ACTION: This ordinance rezones properties located at 820 N. Stockton Avenue and 225 Franklin Lane (APNs 261-200-02 and 261-200-29) from UR (Urban Reserve) to R1 (Single Family Residential).

BACKGROUND: This is the rezone ordinance that goes with the public hearing that was just held regarding rezoning properties at 820 N. Stockton Avenue and 225 Franklin Lane.

Attachments:

1. Exhibit "A"

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ORDINANCE NO. 919

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RIPON REZONING CERTAIN REAL PROPERTIES LOCATED
AT 820 N. STOCKTON AVENUE AND 225 FRANKLIN LANE
(APNS 261-200-02 AND 261-200-29) IN THE CITY OF RIPON
WHEREAS, certain real properties located at 820 N. Stockton Avenue and 225 Franklin Lane (Assessor’s Parcel Numbers 261-200-02 and 261-200-29) has been previously annexed to the City of Ripon; and
WHEREAS, the General Plan land use designation of the properties in the 2040 General Plan is LD (Low Density Residential); and
WHEREAS, the City Council is desirous of amending the zoning classification of the property from UR (Urban Reserve) to R1 (Single Family Residential).

WHEREAS, on January 10, 2023, the Ripon City Council conducted a public hearing, at which time the City Council approved the proposed changes as recommended by the Ripon Planning Commission to the zoning designations of the subject properties; and WHEREAS, the City Council, after conducting appropriate environmental analysis pursuant to CEQA, and after conducting duly noticed meetings and hearings, desires to amend the zoning classifications of the properties as set forth herein.

NOW, THEREFORE, BE IT ORDAINED by the City Council of The City of Ripon as follows:

Section 1: The City of Ripon hereby amends the Zoning Map of The City of Ripon as follows:

APN Current Zone New Zoning
Clarification Clarification
261-200-02 Urban Reserve (UR) Single Family Residential (R1) 261-200-29 Urban Reserve (UR) Single Family Residential (R1) As more particularly set forth on the map attached hereto as Exhibit “A”.

Section 2: All ordinances or parts of ordinances in conflict herewith and hereby expressly repealed.

Section 3: This Ordinance shall become effective thirty days from and after the date of its final passage and adoption and shall be published at least once within fifteen days prior to its effective date in the Ripon Bulletin, the official newspaper of The City of Ripon.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of January, 2023, by the following vote:

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RESULT: FIRST READING [UNANIMOUS] Next: 2/14/2023 6:00 PM MOVER: Leo Zuber, Vice Mayor
SECONDER:Daniel de Graaf, Council Member
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker

THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
MICHAEL RESTUCCIA , Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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Attachment: Exhibit "A" (919 : 820 N. Stockton Ave and 225 Franklin Lane rezone ordinance)