Minutes — Ripon City Council, April 11, 2023 (part 2 of 2)

3/29/23
To: Hunter Crosby
259 N. Wilma Ave
Ripon, CA 95366
[email protected]

Re: Council Chambers Audio/Visual Upgrades Rev 1

Dear Mr. Crosby,
We are submitting a proposal based on the site visit on 3/24/23 for Ripon Council Chambers, furnishing and installing complete audio/video and control systems for Council Chambers We believe this proposal offers the city of Ripon exceptional range of experience and depth of resources necessary to provide responsive, quality work at a cost-effective price.

As the enclosed proposal will indicate, Conti has the experience, dedication, and flexibility to accomplish the goal of this project.

We have developed the methodologies, processes and procedures that ensures the city of Ripon that Conti will complete this project on schedule, will meet all expectations and will meet or exceed all safety and health requirements.

In addition, with these processes and programs in place, Conti will provide the most cost-effective pricing solution and long-term value to the city of Ripon.

Description of Proposed Solution
Council Chambers
Audio System
A. DSP
We will mark all the old equipment in the rack for removal remove by others the current analog hardware and Conti will install new QSC Core 110f Processor and (4) QSC QIO-ML4i for distribution of all the Council Chambers room audio.

1. Programming will be added for the Conferencing audio

2. Provide/Install (16) Shure Gooseneck Microphones for the Dias and Staff

3. Reuse existing (3) wireless microphones

4. Reuse existing Amplifiers

5. Reuse existing ceiling mounted speakers in the council chambers

1.4.E.a
Packet Pg. 161 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Page 2 of 9 ends

Video System
A. Video Distribution
The solution will be Encoder/Decoders .
• Provide/Install (5) VSI Decoders for 3 Displays in the chambers one in the lobby and 1 for the Dais monitors
• Provide/Install (3) VSI Encoders One for Presentation One for Camera in the back of the Room and one for Computer in equipment Rack
B. Zoom Conferencing
We will provide HDMI and USB inputs for laptops at the following location:
• Computer in the Equipment rack Room
Control System
A. Crestron VC-PC-3 to control hardware. The user interface will be (1) 21” Crestron Touch Panel with video at the Clerks location
B. The graphical user interface (GUI) will include:
• An audio page to adjust audio levels
• A video page for routing of video inputs to outputs
• A camera page for pan, tilt and zoom functions including camera presets. • Dynamic preset buttons for the different meeting types to take place in the Council Chambers.
• Zoom Logic
Description Cost
Audio System Phase one $23,777.00
Video & Crestron Control Phase two $27,333.00
Total $51,110.00
The proposed quote for project pricing includes all anticipated expenses for all efforts, equipment and services associated with documentation, design, hardware, configuration, deployment, and support for the first year.

1.4.E.a
Packet Pg. 162 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Page 3 of 9 ends

Hardware Updates – This would be for software and firmware per system, we typically have a remote connection and schedule with facility to update bi-annually. We will have staff onsite to verify system functionality as well.

Training.

To include costs to train City IT/Public Information staff on the operation of the solution.

Training will also provide a sufficient overview of the configuration of the components of the system to allow City IT/Public Information staff to troubleshoot any problems or tune any components for maximum performance
INCLUDED IN BASE BID Warranty, Conti shall fully warrant all materials, equipment and installation furnished under the terms of this Proposal against poor and inferior quality, for a period of not less than one (1) year from date of the final acceptance by the City. While under warranty, Conti shall repair or replace inoperable materials or equipment in a timely manner to minimize the disruption of City operations.

California State Contractors License
A brief history of Conti LLC
Business Information

CONTI LLC
6417 CENTER DRIVE
STERLING HEIGHTS, MI 48312
Business Phone Number:(586) 274-4800
Entity Ltd Liability
Issue Date 08/03/2020
Expire Date 08/31/2024 C10/C7/C20

1.4.E.a
Packet Pg. 163 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Page 4 of 9 ends

Conti is a nationwide company that has been in business since 1969.

Service’s offered are renewable energy and environmental, electrical and technology. Within the technology we offer Audio Visual, Tel/Data and security systems.

Conti has over 12 Company owned locations throughout North America and Mexico. Conti not only has their own service and support infrastructure at each location but also has regional, national and international resources which give us the ability to quickly scale the necessary resources for projects.

We have the resources, both financial and the available personnel pool, to begin this project today.

We welcome your questions and discussions relevant to the solutions that we have included as part of this proposal
Conti always expects to work closely with our customer in the pursuit of a successful implementation project. While Conti will assume the responsibility for the project management of our customer's internal resources. Conti has found that its customers benefit from participating in the project assessment, planning and ongoing status reporting process. By having participated throughout its key phases, there is ownership and buy-in to the end product. Conti, in turn, will benefit from the detailed knowledge that our customer has of its operation, current systems, and business imperatives.

Standard Project Schedule
The following project schedule is typical for a technical infrastructure type implementation project, using the following outline of activities as a guideline to ensure all activities are accounted for and executed in a timely and thorough manner for our customer's project:

Project Planning

1. Project Kickoff

2. Define Project Scope

3. Review all business priorities and constraints

4. Define all roles and responsibilities

5. Develop communication plan

6. Determine project status reporting approach

7. Determine issue tracking and resolution approach

8. Schedule all status meetings

9. Develop project plan framework
Integration Implementation Planning

1. Identify all sites elements in implementation scope

2. Develop all equipment configurations

3. Determine extended DMARC requirements

4. Determine performance testing objectives and test plan

5. Organize all sites into implementation phases

6. Apply rollout schedule to all phases

7. Develop detailed project plan with all implementation activities, activity duration, activity dependencies, resource assignments and complete project timeline

1.4.E.a
Packet Pg. 164 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Page 5 of 9 ends

OUR local team:

Bill Famini – TECHNOLOGY DIVISION - NORTHERN CALIFORNIA Job Functions Include-Onsite Management, Programming, Commissioning, Training, Budgeting, Ordering of Material/Equipment and Estimating.

Manage the Low Voltage Installation not limited to but include Audio Visual, Tel/Data and Surveillance
Works well with Contractors to ensure the Project stays on task and appropriate revisions are made.

Suggest changes to the Consultant, Property and Contractor to ensure system specifications are met
Design Build AV Systems
Tim White- TECHNOLOGY DIVISION - NORTHERN CALIFORNIA
Proven track record of completing projects on time and on-budget. Have performed fiber work and service calls (residential and commercial). Served as lead foreman on Point-1’s state-ofthe-art data center project for San Joaquin Community College District. Have installed both voice and data systems with audio and visual. Have experience completing large and small projects including voice, data, access control security, audio/video, and fire alarms at data centers and multiple water intake facilities.

Tony Tosco – TECHNOLOGY DIVISION - NORTHERN CALIFORNIA
In the Low Voltage Industry for over 30 years specializing in Structured cabling, Intrusion, Access control, CCTV, and Fire.

Projects designed and managed for fortune 50 companies, industrial plants, warehouses, dual entrance critical path facilities as well as Public works.

Managing crews for 1M+ sqft. ground-ups to multi-site nationwide projects.

1.4.E.a
Packet Pg. 165 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Page 6 of 9 ends

Below are 3 Projects for reference
• Project Name: North Las Vegas City Hall

1. Contract Amount: $2,252,868.70

2. City/Client Contact: North Las Vegas/Dave Sawyer

3. Name: Adam Cohen

4. Email: [email protected]

5. Satellite Receivers: distributed via IP TV System Installed

6. The video system was upgraded to Crestron Digital Media

7. The Audio system is Qsys platform.

8. The Control system is a Crestron DM system for video source switching.

9. For local control, Touch panels are Crestron.
• Project: Name: Nashville Music City Center Convention Center

1. Contract Amount: $4,777,000.00

2. City/Client Contact: Nashville/Eric Blouin

3. Name: Eric Blouin

4. Email [email protected]

5. System Installed: CATV System installed

6. The video system to Crestron Digital Media

7. The Audio system is Qsys platform.

8. The Control system is a Crestron DM system for video source switching.

9. For local control, Touch panels are Crestron.
• Project Planet Hollywood Hotel-High Rise Tower and Podium

1. Contract amount: $72,000,000.00

2. City/Client Contact: Las Vegas NV Tutor Seliba

3. Name: Gerry Tan (702)-604-0336

4. System Installed: MATV/CATV System 45 floors

5. The video system was upgraded to Crestron Digital Media.

6. The Audio system is BSS London platform.

7. The Control system is a BSS London system for audio control.

8. For local control Touch panels are Crestron.

9. The camera system is 4 new HD camera’s controlled by video Crestron.

10. Video system setup for cameras to follow audio.

Information on past projects for consideration in evaluating Conti’s qualifications.

1.4.E.a
Packet Pg. 166 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Page 7 of 9 ends

Project Name BOS Chambers Audio-Visual Presentation Systems Upgrade Project Description: Audio Visual, Systems
Address 950 Maidu Avenue, Nevada City, CA 95959
Contract Amount: $125,333.00
Completion Date: 9/1/18
Contact Info Landon Beard: [email protected] Phone: (530)265-4168 Below is a basic description of the project. Council Chambers was updated due to hardware failure and obsolete equipment, the new system is based on a digital platform. • The video system was upgraded to Crestron Digital Media. • The Audio system is Qsys platform.
• The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron
• The camera system is 1 new HD camera controlled by video Crestron.

Project Name Tuolumne County BOS
Project Description: Audio Visual,Systems
Address: 2 south Green Street Sonora CA 95370
Contract Amount: $134,888.00
Completion Date4/23/21
Contact Info Gabe Petterson: [email protected] Phone: (209) 536-2365 Below is a basic description of the project.

Council Chambers was updated due to hardware failure and obsolete equipment, the new system is based on a digital platform.
• The video system was upgraded to Crestron Digital Media. • The Audio system is a Qsys platform.
• The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron.
• The camera system is 2 new HD camera’s controlled by video Crestron.

Project Name County of San Joaquin
Project Description: Audio Visual,Systems
Address: 44 North San Joaquin St, Suite 590, Stockton, CA 95202 Contract Amount: $186,624.00
Completion Date: 2/21/17
Contact Info Greg Moore: email: [email protected] Phone: (209) 944-8838 Below is a basic description of the project.

Council Chambers was updated due to hardware failure and obsolete equipment, the new system is based on a digital platform.

1.4.E.a
Packet Pg. 167 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Page 8 of 9 ends

• The video system was upgraded to a Vaddio video switcher. • The Audio system is BiAmp AudiaFlex platform.
• The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron.
• The camera system is 4 new HD camera’s controlled by video switcher or Crestron. • Video system setup for cameras to follow audio.

Project Name Carmel by the Sea Council Chambers Upgrade Project Description: Audio Visual,Systems
Address: Monte Verde St., between Ocean & 7th Avenues Carmel-by-the-Sea,CA 93921 Contract Amount: $112,646.00
Completion Date: 8/3/17
Contact Info Joel Staker email: [email protected] Phone (831) 620-2025 Below is a basic description of the project. Council Chambers was updated due to hardware failure and obsolete equipment, the new system is based on a digital platform. • The video system was upgraded to a Vaddio video switcher. • The Audio system was upgraded to Crestron DSp platform with Dante. • The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron.
• The camera system is 4 new HD camera’s controlled by video switcher.

Project Name City of Turlock Community Room Upgrades
Project Description: Audio Visual,Systems
Address: 156 S.Broadway, Turlock CA 95380
Contract Amount: $347.346.00
Completion Date: 6/3/16
Contact Info: Carlo Grossman email: [email protected] Phone (209) 656-2780 Below is a basic description of the project.

Community Room was updated due to a multipurpose room that was outdated; the new system is based on a digital platform.
• The video system was upgraded to a broadcast pix video switcher. • The Audio system was upgraded to Biamp Tesira platform with audio conferencing. • For the board meetings a Taiden System was installed each board member has their own Taiden touchscreen for voting/agenda etc. controls
• The Control system is a Crestron DM system for video source switching. • For local control Touch panels are Crestron
• The camera system is 4 new HD camera’s controlled by camera switcher, video switcher or Crestron.

Standard Exclusions/Clarifications

1.4.E.a
Packet Pg. 168 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) DIR #1000659639
C7/C10 Lic# 1067502 Conti LLC
920 Stillwater Rd, Suite 180
West Sacramento, CA 95605
P 916 900 8111
C 702 561 8163
F 916-256-3661
[email protected]

Page 9 of 9 ends

1. Any hazardous material abatement.

2. Permits fees, Inspection Costs, & Utility Fee's.

3. If required, Payment and Performance Bond cost will be a change order for Conti.

4. Fire stopping of any raceways and or pathway

5. Any concrete cutting or patching

6. All work to be complete during normal business hours We appreciate you considering Conti LLC for this project. We are prepared to commence with material procurement and resources upon receipt of a notice to Proceed. If you have any questions or queries, feel free to email or call me.

Respectfully,
Bill Famini

TECHNOLOGY DIVISION MANAGER-NORTHERN CA
Mobile 702.561.8163
Office 916.900.8111 x231
Fax 916.256.3361
920 Stillwater Road Suite 180 West Sacramento, CA 95605 Proposal is valid for 60 days from quotation.

Acceptance of Proposal – The Above Price, Conditions Are Satisfactory and are hereby accepted. You are authorized to do the work as specified.

Signature: Date:

Print Name:__________________________________________________

1.4.E.a
Packet Pg. 169 Attachment: Ripon Council Chambers Quote R1 (3820 : Conti LLC) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 04/11/2023
Subject: Equipment Donation
RECOMMENDED ACTION:

Accept the donation of $3,396.75 from Rick and Valerie Van Unen for the Ripon Police Department staff to purchase defensive tactics training and fitness mats.

BACKGROUND:

Due to the nature of police work, law enforcement personnel are at significant physical interaction with suspects and at risk for wellness issues. The defensive tactics training and fitness mats will allow the department to provide safe and appropriate weaponless defensive training and create an environment for safe physical fitness training.

Rick and Valerie Van Unen will make a monetary donation for the purchase of the training mats that will be charcoal gray and measure by 6’x20’x1 5/8”. The department will add our police officer badge logo to the mat at a cost of $400.

FISCAL IMPACT: The cost to the City’s General Fund does not exceed $400 for the addition of the police officer badge logo to the mat.

Attachments:

1. Van Unen Donation
Packet Pg. 170
a
Packet Pg. 171
Attachment: Van Unen Donation (3814 : Equipment Donation) a
Packet Pg. 172 Attachment: Van Unen Donation (3814 : Equipment Donation) a
Packet Pg. 173
Attachment: Van Unen Donation (3814 : Equipment Donation) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 04/11/2023
Subject: Water Conservation Rules/Changes
RECOMMENDED ACTION:

This resolution allows the City to move from Stage 3 to Stage 2 of the City’s Drought Contingency Plan in response to Executive Order N-5-23 issued by Governor Gavin Newsom on March 24, 2023.

BACKGROUND:

The City of Ripon, as a water supply agency, is required to follow a State approved Urban Water Management Plan (UWMP) to maintain efficient use of urban water supplies, continue to promote conservation programs and policies, verify that sufficient water supplies are available for future beneficial use, and provide a mechanism for response during drought conditions.

The UWMP for the City of Ripon was first developed in 2005 and has been updated several times since. As part of the UWMP is a Water Shortage Contingency Plan (WSCP) which outlines a plan to sustain water supply throughout the system during potential interruptions or shortages such as a drought. There are stages of action which correspond to the percentage of supply reduction occurring or called for by the Governor or State Water Resources Control Board (SWRCB).

Since the City has instituted water conservation measures in 2005, the City has experienced a reduction of water use per capita from 310 gallons per capita per day (gpcd) to 218 gpcd, as shown in the figure below:

2.A
Packet Pg. 174
The minimum baseline water conservation requirements required with no reduction in water supply required by the Governor or SWRCB according to the City WSCP are listed below:
- Limits landscape irrigation to 3 days/week in Spring/Summer and 2 days/week in Fall/Winter.
- Prohibits excessive runoff from landscape irrigation. - Requires automatic shut off on hoses.
- Requires recirculation of water in new commercial car/truck washes.

Over the past two years there have been a series of executive orders signed by the Governor and numerous resolutions passed by the State Water Resources Control Board (SWRCB) in order to implement mandatory water conservation measures throughout the most recent drought. In response to these measures, the City of Ripon approved resolution 22-29 in July of 2022 which incorporated the mandatory water conservation measures currently being implemented today.

The majority of these measures come from the City WSCP which correspond to a 20% supply shortage as called for by the Governor.

Significant water conservation measures included in resolution 22-29 are listed below:
- Limits landscape irrigation to 2 days/week in Spring/Summer and 1 day/week in Fall/Winter.
- Restaurants prohibited from serving water except upon request. - Water leaks/breaks must be repaired within 24 hours.
- No washing sidewalks, driveways, patios, parking lots, etc. - Washing vehicles, boats, building exteriors can only be done on watering days. - No water use for decorative water features.
- Prohibition of irrigating non-functional turf at commercial, industrial, and institutional sites.

The non-functional turf irrigating prohibition was implemented separately through a resolution

2.A
Packet Pg. 175
adopted by the SWRCB and is still in place.

DISCUSSION/ANALYSIS:

Due to the current water conditions throughout the State of California Governor Gavin Newsom signed Executive Order N-5-23 terminating some of the emergency drought provisions deemed no longer necessary. The executive order eliminated a number of provisions including the 20% water shortage measures outlined in the City WSCP, significant changes listed below:
- The voluntary call for a 15% water reduction target from 2020 usage levels has ended. - Landscape irrigation can be increased back to 3 days/week in Spring/Summer and will remain at 1 day/week for Fall/Winter.
- Water use for decorative water features and fountains can resume. - Water leaks/break can be repaired within 48 hours rather than 24 hours.

The attached resolution list the City of Ripon enforceable water conservation rules, which incorporates the direction from the executive order issued by Governor Gavin Newsom. It is anticipated that due to the recent snow survey conducted by the Department of Water Resources additional emergency drought provisions will be eliminated by the SWRCB, City staff will continue to update the City Council as updates are received.

Staff is planning to notify residents and businesses regarding the new changes by updating the City website, sending out a Nixle alert, and send a postcard mailer summarizing the new rules.

Attachments:

1. Executive Order N-5-23

2.A
Packet Pg. 176
RESOLUTION NO. 23-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ORDERING MANDATORY WATER CONSERVATION

MEASURES
WHEREAS, drought conditions have improved throughout State of California in 2023; and
WHEREAS, Section 13.04.310 of the Ripon Municipal Code prohibits excess use and wasting of water; and
WHEREAS, on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Governor Gavin Newsom proclaimed a State of Emergency to exist throughout the State of California due to extreme and expanding drought conditions; and WHEREAS, on March 28, 2022 the Governor issued Executive Order N-7-22 that in part requires the State Water Resources Control Board to consider adopting emergency regulations in an effort to conserve water throughout the State; and
WHEREAS, on May 24, 2022 the State Water Resources Control Board adopted Resolution No. 2022-0018 requiring urban water suppliers to implement mandatory water reductions which requires the City of Ripon to implement by June 10, 2022, at a minimum, all demand reduction actions identified in the water shortage contingency plan for a shortage level of twenty (20) percent; and
WHEREAS, on July 12, 2022 the City of Ripon passed Resolution No. 22-29 that instituted certain mandatory water conservation measures, and WHEREAS, on March 24, 2023 the Governor issued Executive Order N-5-23 that terminates portions of previously issued Executive Orders including among other items the demand reduction actions identified in the water shortage contingency plan for a shortage level of twenty (20) percent.

NOW, THEREFORE, BE IT RESOLVED that the City of Ripon does hereby repeal Resolution No. 22-29 and institute the following mandatory water conservation measures which will remain in effect until such time as the aforementioned mandatory water conservation measures are lifted and the City Council repeals this Resolution:
 Outdoor water use prohibited from 10 am to 6 pm; 1
 During the months of November through February, all properties within the City of Ripon with an even address are only allowed to water landscaping on Saturday;1

2.A
Packet Pg. 177
 During the months of November through February, all properties within the City of Ripon with an odd address are only allowed to water landscaping on Sunday; 1  During the months of March through October, all properties within the City of Ripon with an even address are only allowed to water landscaping on Tuesday, Thursday, and Saturday; 1
 During the months of March through October, all properties within the City of Ripon with an odd address are only allowed to water landscaping on Wednesday, Friday, and Sunday; 1
 The use of water for washing vehicles, boats, recreational vehicles, or cleaning of building exteriors is only allowed during the same outdoor watering day/time restrictions previously described and with the use of an automated shut-off nozzle on the hose;
 No irrigation of ornamental landscapes during and 48 hours following measurable rain fall;
 It is prohibited to use water to wash driveways, sidewalks, patios, parking lots, aprons and other exterior surfaces except for sanitation, public health and safety and fire protection purposes;
 No application of water to outdoor landscaping in a manner that causes excessive runoff; excessive water use is defined as “water that leaves the property of origin in a continuous flow of any dimension for 150 feet from the property, or for more than five minutes in duration.”
 All water leaks, breaks, malfunctions within a water users plumbing, distribution or irrigation system shall be repaired within 48 hours from the time it is discovered or the City notifies the customer or resident;  Operators of hotels and motels must provide guests with the option of choosing not to have towels and linens laundered daily and prominently displayed notice of this option;
 Restaurants and food service establishments are prohibited from serving water except upon request;
 The use of potable water for construction and dust control is prohibited;  The use of potable water is prohibited for the irrigation of non-functional turf2 at commercial, industrial, and institutional3sites. The use of potable water is not prohibited to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need;

2.A
Packet Pg. 178
 The irrigation with potable water of landscapes outside of newly constructed homes and buildings shall be in a manner consistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

IT IS FURTHER RESOLVED that violation of the requirements of this Resolution constitutes wasting and excessive use of water within the meaning of Ripon Municipal Code Section 13.04.310.

IT IS FURTHER RESOLVED that when the City of Ripon becomes aware of a violation of this resolution, a written notice shall be delivered to the property by first class mail. Upon repeated violations, a penalty will be assessed, as set forth in the Ripon Municipal Code Section

13.04.580, except that each violation shall result in penalties as set forth below:
 First violation within one year period $50
 Second violation within a one-year period $100
 Third violation within a one-year period $200
 Any additional violation within a one-year period $400 1 Exceptions may be granted in writing by the Public Works Director for the purposes of establishing newly installed landscape areas, edible crops for personal consumption using a drip system, or properties that require additional watering days due to the size of the area to be irrigated (e.g., schools, parks, etc.).
2 “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic community events.
3 “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users4 and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests. 4 “Institutional water user” means a water user dedicated to public service. This type of user includes, among other users, higher education institutions, schools, courts, churches, hospitals, government facilities, and nonprofit research institutions.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of April, 2023, by the following vote:

2.A
Packet Pg. 179
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER:Leo Zuber, Vice Mayor
AYES: Michael Restuccia, Leo Zuber, Gary Barton, Dean Uecker ABSENT: Daniel de Graaf

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

By: ___________________________
LISA ROOS, City Clerk

2.A
Packet Pg. 180

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and

2.A.a
Packet Pg. 181 Attachment: Executive Order N-5-23 (23-17 : Water Conservation Rules/Changes) WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

2.A.a
Packet Pg. 182 Attachment: Executive Order N-5-23 (23-17 : Water Conservation Rules/Changes)

5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

2.A.a
Packet Pg. 183 Attachment: Executive Order N-5-23 (23-17 : Water Conservation Rules/Changes) This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

2.A.a
Packet Pg. 184 Attachment: Executive Order N-5-23 (23-17 : Water Conservation Rules/Changes) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 04/11/2023
Subject: Licensing and Regulations of Special Events
RECOMMENDED ACTION:

This ordinance amends Chapter 5.40 “Licensing and Regulations of Special Events” of the Ripon Municipal Code that addresses application eligibility and performing general cleanup/updates.

BACKGROUND:

The special events ordinance was originally put in place to permit and regulate special events within the Ripon city limits. The purpose of special events is to provide opportunities for Ripon businesses and local non-profit groups to host unique events within the community, that might not be compatible with the generally intended use of properties for which it is normally used (i.e. farmers market, parking lot sale, parades, running or cycling events, etc.). The intention of the ordinance has normally been to allow for local Ripon businesses and local non-profits to host such events within our City for the benefit of the community as a whole.

The current language does not preclude for-profit businesses that do not operate in Ripon to host special events, which can include gun shows, swap meets, equipment auctions, etc. These types of events are typically held at fairgrounds and/or expo centers in the region, which have the infrastructure in place to host these events, such as parking lots, developed display areas, and restrooms.

DISCUSSION/ANALYSIS:

Staff is recommending the Ripon Municipal Code be updated to preclude for-profit businesses that do not operate in Ripon to host special events, for the following reasons:
 The City does not have developed property like nearby fairgrounds and expo centers to rent for large multi-day special events.
 Staffing resources are needed to ensure compliance with permit conditions for these large multi-day events that occur over weekends.

3.A
Packet Pg. 185
 Undeveloped properties typically are not set up to handle such events, i.e. parking, restrooms, dust control, mud/dirt tracking, etc.

If the City Council agrees with staff’s recommendation, the attached ordinance has been updated for the Council’s consideration that includes the addition of section 5.40.020 which defines application eligibility requirements for special event permits. This section will limit special event permits to be eligible for Ripon non-profit organizations and/or local Ripon based businesses as defined within the code. Additionally, staff has proposed limiting special events to only “developed properties’ within City limits.

FISCAL IMPACT:

None.

Attachments:

1. 5-40_858 Licensing and Regulations of Special Events - redlined version

3.A
Packet Pg. 186
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 5.40 "LICENSING AND
REGULATIONS OF SPECIAL EVENTS" OF THE RIPON

MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:

SECTION 1. AMENDMENT TO CODE. Chapter 5.40 is hereby amended in its entirety to read as follows:

Chapter 5.40

PERMITTING AND REGULATIONS OF SPECIAL EVENTS
Sections:

5.40.010 Special Event Defined

5.40.020 Application Eligibility

5.40.030 Prohibition

5.40.040 Application for Permit and Fee

5.40.050 Forwarding of Application to Special Event Review Committee

5.40.060 Review of Application and Action of the Planning Director

5.40.070 Standards and Conditions

5.40.080 Appeal to City Administrator

5.40.090 Special Provisions Applicable to Almond Blossom Festival

5.40.100 Special Provisions Applicable to Community Amphitheater Events

5.40.110 Exemptions from Application

5.40.120 Revocation

5.40.130 Suspension of Operation

5.40.140 Number of Participants

5.40.150 Advertising Where Admission is to be By Ticket

5.40.160 Permit Not Transferable

5.40.170 Effect of Zoning and Provisions

5.40.180 Penalty

5.40.010 Special Event Defined
“Special Event” means any temporary event, gathering or organized activity on public or private property that, due to the anticipated amount of attendees or the nature of the event, is not compatible with the generally intended use of the property for which it is proposed. Special Events fall into one of three categories:

3.A
Packet Pg. 187
Included in this definition are Halloween haunted houses, craft fairs, block parties, business promotional, and the like. Exempt from this definition are private family events such as weddings, special parties, family reunions, and the like which are held at the family residential property;
Category Two – a temporary private or public event with more than 500 people contained indoors within an existing structure not already having an assembly occupancy permit or held out of doors at one location requiring the importation of bleachers, open air tents, large equipment, portable toilets, and the like, and/or impacting public services, such as public streets and police/fire emergency services. This definition includes events such as circuses, carnivals, business promotionals, block parties, craft fairs, car shows and the like; Category Three – a temporary private or public event held out of doors at more than one location requiring special circumstances i.e., amplified sound, road closure, trash containers, etc. and/or impacting police/fire/emergency services. This definition includes the annual Almond Blossom Festival as defined in Section 5.40.080, a Community Amphitheater Event as defined in Section

5.40.100, Main Street Day, any parade, any music or dance festival, any cultural or civic festival, any running or cycling event, or similar activity.

5.40.020 Application Eligibility
A. Only Ripon non-profit organizations and/or local Ripon based businesses (meaning businesses which are located within the current City limits) are eligible for a Special Events permit.

B. Only developed properties within the City limits are eligible for a Special Events permit.

Developed properties shall mean properties that have paid their development fees and have been improved.

5.40.030 Prohibition
It shall be unlawful for any person, group or organization to conduct any activity related to a special event as defined in Section 5.40.010 of this Chapter without first procuring a special event permit through the application process defined in Section 5.40.040 of this Chapter.

5.40.040 Application for Permit and Fee
Application for a permit to conduct a special event shall be made at least 60 days before an event in writing to and on forms prepared by the Planning Director or his/her designee. The appropriate application shall be accompanied by a nonrefundable application fee as identified in the City of Ripon Planning Department Fee Schedule, and indexed annually by the Consumer Price Index, and shall include all of the information submittal requirements as specified on the appropriate special event application form.

5.40.050 Forwarding of Application to the Special Event Review Committee Upon receipt of a complete application and the application fee, the Planning Director or his/her designee shall promptly forward the application to the Special Event Review Committee consisting of the Chief of Police, Director of Public Works, Fire Chief and any other impacted department or agency who shall investigate the matter and report to the Director or his/her designee within fifteen (15) days with appropriate recommendations concerning the proposed event. Additionally, a meeting could be requested by the Committee to discuss guidelines with the applicant prior to a determination on the permit application.

3.A
Packet Pg. 188

5.40.060 Review of Application and Action of the Planning Director A. The Planning Director or his/her designee shall review recommendations of the Special Event Review Committee and within twenty (20) days of the receipt of the application, shall either:

1. Authorize the issuance of the permit in accordance with the application;

2. Deny the issuance of the permit;

3. Set conditions which must be met and/or security that such conditions shall be met prior to the issuance of the permit; or shall promptly give written notice of the decision to the applicant by mailing such notice to the mailing address submitted on the application. If the application is denied, the notice shall specify the reasons for such denial.

B. If conditions are imposed by the Planning Director, the applicant shall furnish proof that all conditions have been met or that security has been given to assure that they will be met before the Planning Director may issue the permit.

5.40.070 Standards and Conditions
No permit shall be granted unless the Planning Director finds and determines that the applicant has proposed an appropriate plan, with conditions of approval, to provide the necessary protection for the health, safety and general welfare of persons and property in the City, including spectators and participants, the City of Ripon itself, and owners of property adjoining the special event site. The applicant shall certify with a signature on the application that the conditions and terms, as specified on the application, have been read and agreed upon.

5.40.080 Appeal to City Administrator
A. If the Planning Director denies the permit, or if the applicant believes that any condition of approval imposed by the Planning Director is unjust or unreasonable, the applicant may appeal the decision of the Planning Director by filing a written notice of appeal with the City Clerk and one copy of such notice with the Planning Director. Such notice shall be filed no later than ten (10) days from the date of submission of the notice of the decision of the Director. The notice of appeal shall specify the reasons or grounds for the appeal.

B. Upon receipt of a notice of appeal, the City Clerk shall file the notice with the City Administrator. The City Administrator shall set the appeal for a hearing, to be held within fifteen (15) days of receipt of the notice.

C. The City Administrator shall consider the documentary and testimonial evidence of witnesses presented at the hearing, including all reports of investigation submitted to the Planning Director pursuant to Section 5.40.050 hereof. The City Administrator may modify or reverse the decision of the Planning Director, or the portion thereof from which the appeal is made, only if he finds that there is no substantial evidence to justify such decision or portion thereof, provided, however, that the City Administrator shall not waive any mandatory requirement of this Code.

D. The City Administrator shall render his/her decision on the appeal no later than five (5) days after the day on which the hearing is held. Upon rendition of the decision of the City Administrator, the City Clerk shall promptly notify the applicant of such decision in writing at the address submitted in the application. The decision of the City Administrator shall be final and conclusive.

5.40.090 Special Provisions Applicable to Almond Blossom Festival

3.A
Packet Pg. 189
The Ripon Chamber of Commerce is authorized as the exclusive operator of the annual Ripon Almond Blossom Festival. In coordinating and operating the annual Ripon Almond Blossom Festival, the Ripon Chamber of Commerce shall be subject to the provisions of this Chapter, except that the City Administrator may, in his discretion, waive or modify some or all of the requirements of Section 5.40.070. In addition, the Ripon Chamber of Commerce shall be given authority to issue temporary vending permits to vendors of food and other goods during the Ripon Almond Blossom Festival. It shall be unlawful for any vendor of food or other goods (other than businesses licensed and existing within the City) to conduct any vending activities during the annual Almond Blossom Festival within the boundaries of the Mistlin Sports Park, the Community Center and Veteran’s Park, or within 100 feet of the Almond Blossom Festival Parade Route, or on any property specified in any permit issued pursuant to this Chapter, without first obtaining a temporary vending permit from the Ripon Chamber of Commerce. The Chamber of Commerce shall have the responsibility, with the cooperation of the Ripon Police Department, as available, for enforcement of the temporary vending permit requirements of this subsection. The Chamber of Commerce may charge a reasonable processing fee in connection with the issuance of temporary vending permits pursuant to this Chapter. The City shall incur no liability in connection with the issuance of temporary vending permits by the Chamber of Commerce.

5.40.100 Special Provisions Applicable to Community Amphitheater Events In coordinating and operating events at the community amphitheater located at the Mistlin Sports Park, applicants shall be subject to all of the provisions of this Chapter as well as the following requirements:

A. Event Scheduling. No event at the Community Amphitheater planning to serve alcohol shall be approved without the consent of the City Administrator. Such determination will be based on impacts and/or concerns regarding other concurrent events and/or activities taking place within the boundaries of the Mistlin Sports Park.

B. Alcoholic Beverage Restrictions. The service of alcoholic beverages in the Community Amphitheater shall be limited to organizations that have completed the Ripon Non-Profit Agency Eligibility Application and have met the applicable minimum requirements. For any special event involving alcoholic beverages in the Community Amphitheater, the following standards shall apply:

1. The approved Ripon Non-Profit organization must be duly licensed by the State Department of Alcoholic Beverage Control. The requirements and restrictions for the service of alcoholic beverages shall not be less than those required by the State Department of Alcoholic Beverage Control.

2. Use of alcoholic beverages shall be limited to organized performance-based events where the primary focus shall be the performance and not the consumption of alcoholic beverages.

3. Use of alcoholic beverages shall be limited to the confines of the Community Amphitheater and are strictly prohibited in any other area of Mistlin Sports Park, including, but not limited to, parking areas and adjacent streets.

4. Use of alcoholic beverages shall be limited to the hours of operation of the performancebased event. No use of alcoholic beverages shall be permitted before or after the event.

5. Permissible alcoholic beverages in the Community Amphitheater shall be limited to beer and wine.

3.A
Packet Pg. 190

6. For any use involving alcoholic beverages, no patrons under the age of twenty-one (21) shall be permitted at the event.

7. For any use involving alcoholic beverages in the Community Amphitheater, a security plan providing private security personnel for the event, the number of which shall be determined at the time the special event permit is granted, a plan identifying the means by which the applicant shall prevent patrons from carrying outside alcoholic beverages into the event and control excessive consumption of alcoholic beverages during the event, and any additional information as the Planning Director or his/her designee may reasonably require to evaluate the application, shall be submitted to the Planning Director for review and approval by the Police Department.

8. Upon consultation with the Police Department, the Planning Director has discretion to deny any application involving alcoholic beverages in the Community Amphitheater for good cause including but not limited to his/her finding that approval of the application would be detrimental to the health, safety and welfare of the city or any residents in the affected area.

5.40.110 Exemptions from Application
Any person or persons engaging in constitutionally protected speech, including, but not limited to, the distribution of printed materials, signs, campaign materials, and the like, shall be exempt from the application and permitting provisions of this ordinance.

5.40.120 Revocation
The City Administrator shall have the right to revoke any permit issued pursuant to this Code, not limited to but including the following causes:

A. The permittee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a permit.

B. The permittee fails, neglects or refuses to fulfill any of the provisions of the approved program or plans.

C. The permittee knowingly allows the special event to be conducted in a disorderly manner or knowingly allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug.

D. The permittee violates, or attempts to violate, any law of the State and the provisions of this Code or any ordinance of the City.

E. The permittee has previously made a false, misleading, or fraudulent statement of material fact in the application for permit or any other document required pursuant to this Chapter.

Written notice of such revocation shall be forwarded by the City Clerk to the Chief of Police and to the permittee at the address given in the application. Such revocation shall become effective immediately after ordered by the City Administrator.

5.40.130 Suspension of Operation
The Chief of Police may suspend operation and close any special event prior to the expiration of the permit granted under the provisions of this Chapter in the event of the occurrence of a riot, major disorder, or serious breach of the peace when, in his/her opinion, it becomes necessary to prevent injury to person or persons and/or damage of property.

5.40.140 Number of Participants

3.A
Packet Pg. 191
If the Planning Director shall, as a condition of issuance of the permit, impose a limit on the number of persons to be admitted to the special event and/or require that only holders of tickets shall be admitted to the premises on which the event to be held, it shall be unlawful for the permittee, or any agent or employees of the permittee:

A. To allow, permit, or suffer the entrance to the premises in which the special event is held, of any person who does not possess a ticket, except a peace officer or other public officer in the performance of his duties;
B. To sell, give or distribute a greater number of tickets than the number authorized by the Planning Director;
C. To allow, permit, or suffer the admission of any person to a special event if such admission would result in a greater number of persons present than authorized by the Planning Director.

5.40.150 Advertising Where Admission is to be By Ticket If the Planning Director shall require that admission to the special event shall be by ticket only, then it shall be unlawful for any person who advertises such event to neglect, refuse, or fail to cause the advertising to state that admission shall be by ticket only, or to make any statement which might imply any conclusion to the contrary.

5.40.160 Permit Not Transferable
No permit granted under the provisions of this Chapter shall be transferable to another permittee or removable to another location.

5.40.170 Effect of Zoning and Provisions
The use of developed property for a special event shall not be deemed to be in violation of any provisions of the Ripon Municipal Code restricting the use of land during such time as a permit granted pursuant to this Chapter shall be in effect.

5.40.180 Penalty
Any person violating any provision of this Chapter shall be guilty of an infraction, and may be prosecuted pursuant to the infraction provisions set forth in the Ripon Municipal Code Chapter

1.08. In the alternative, the Administrative Adjudication provisions of Ripon Municipal Code Chapter 1.12 may be utilized.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.

Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

3.A
Packet Pg. 192
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

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

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of April, 2023, by the following vote:

RESULT: NO ACTION TAKEN

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

By: ___________________________
LISA ROOS, City Clerk

3.A
Packet Pg. 193
Redline Version
101-19.2 Ripon 3/17
Chapter 5.40

LICENSING PERMITTING AND REGULATIONS OF SPECIAL EVENTS
Sections:

5.40.010 Special Event Defined.

5.40.020 Application Eligibility

5.40.030 Prohibition.

5.40.0430 Application for PermitLicense and Fee.

5.40.0540 Forwarding of Application to Special Event Review Committee.

5.40.0650 Review of Application and Action of the Planning DirectorDirector of Planning and Community Development.

5.40.0760 Standards and Conditions.

5.40.0870 Appeal to City Administrator.

5.40.0980 Special Provisions Applicable to Almond Blossom Festival.

5.40.10090 Special Provisions Applicable to Community Amphitheater Events.

5.40.100 Intentionally Deleted.

5.40.110 Exemptions from Application.

5.40.120 Revocation.

5.40.130 Suspension of Operation.

5.40.140 Number of Participants.

5.40.150 Advertising Where Admission is to be By Ticket.

5.40.160 PermitLicense Not Transferable.

5.40.170 Effect of Zoning and Business License Provisions.

5.40.180 Penalty.

5.40.010 Special Event Defined.
“Special Event” means any temporary event, gathering or organized activity on public or private property that, due to the anticipated amount of attendees or the nature of the event, is not compatible with the generally intended use of the property for which it is proposed. Special Events fall into one of three categories::

Category One – a temporary private or public event with lessthan 500 people contained indoors within an existing structure not already having an assembly occupancy permit or held out of doors on one site impacting such things as public services, police/fire/emergency services, street closure, sanitation, and/or requiring the importation of such things as bleachers and portable toilets and requiring special circumstances, i.e., extra security, amplified sound, vendors, etc. Included in this definition are Halloween haunted houses, craft fairs, and the like, and block parties, business promotionals, and the like. Exempt from this definition are private family events such as weddings, special parties, family reunions, and the like which are held at the family residential property;
Category Two – a temporary private or public event with more than 500 people contained indoors within an existing structure not already having an assembly occupancy permit or held out of doors at one location requiring the importation of bleachers, open air tents, large equipment, portable toilets, and the like, and/or impacting public services, such as public streets and , police/fire emergency services. This definition includes events such as circuses, carnivals, business promotionals, block parties, craft fairs, car shows and the like;

3.A.a
Packet Pg. 194 Attachment: 5-40_858 Licensing and Regulations of Special Events - redlined version (3803 : Licensing and Regulations of Special Events) Redline Version
101-19.2 Ripon 3/17
Category Three – a temporary private or public event held out of doors at more than one location requiring special circumstances i.e., amplified sound, road closure, trash containers, etc. and/or impacting police/fire/emergency services. This definition includes the annual Almond Blossom Festival as defined in Section 5.40.080, a Community Amphitheater Event as defined in Section 5.40.100090, Main Street Day, and any parade, any music or dance festival, any cultural or civic festival, any running or cycling event, or similar activity.

5.40.020 Application Eligibility.

A. Only Ripon? non-profit organizations and/or local Ripon based businesses (meaning businesses which are located within the current City limits) are eligible for a Special Events permit.

B. Only developed properties within the City limits are eligible for a Special Events permit.

Developed properties shall mean properties that have paid their development fees and have been improved.

5.40.030 Prohibition.

It shall be unlawful for any person, group or organization to, conduct any activity related to a special event as defined in Section 5.40.010 of this Chapter without first procuring a special event permitlicense through the application process defined in Section 5.40.0430 of this Chapter.

5.40.0430 Application for PermitLicense and Fee.

Application for a permitlicense to conduct a special event shall be made at least 60 days before an event in writing to and on forms prepared by the Planning Director and/or his/her designee. The appropriate application shall be accompanied by a nonrefundable application fee as identified in the City of Ripon Planning Department Fee Schedule, and indexed annually by the Consumer Price Index, and shall include all of the information submittal requirements as specified on the appropriate special event application form.

5.40.050 Forwarding of Application to the Special Event Review Committee.

Upon receipt of a complete application and the application fee, the Planning Director and/or his/her designee shall promptly forward the application to the Special Event Review Committee consisting of the Chief of Police, Director of Public Works, Fire Chief and any other impacted department or agency who shall investigate the matter and report to the Director or his/her designee within fifteen (15) days with appropriate recommendations concerning the proposed event. Additionally, a meeting could be requested by the Committee to discuss guidelines with the applicant prior to a determination on the permit application..

5.40.0650 Review of Application and Action of the Planning DirectorDirector of Planning and Community Development
A. The Planning Director and/or his/her designee shall review recommendations of the Special Event Review Committee and within twenty (20) days of the receipt of the application, he shall either:

1. Authorize the issuance of the permitlicense in accordance with the application;

2. Deny the issuance of the permitlicense;

3. Set conditions which must be met and/or security that such conditions shall be met prior to the issuance of the permitlicense; or he shall promptly give written notice of thehis decision to the applicant by mailing such notice to the mailing address submitted on the application.

3.A.a
Packet Pg. 195 Attachment: 5-40_858 Licensing and Regulations of Special Events - redlined version (3803 : Licensing and Regulations of Special Events) Redline Version
101-19.2 Ripon 3/17
If the application is denied, the notice shall specifyhe shall deny the license he shall specify in the notice the reasons for such denial.

A. The Planning Director shall not authorize the issuance of a license to any applicant if he or any person associated or connected with him as partner, director, officer, associate or manage has been convicted with the five (5) year period immediately preceding the date of the filing of the application in any court of competent jurisdiction, regardless of whether such person has been released from any resulting penalty or disability pursuant to Chapter 1 of Title 8 of the Penal Code, of:

1. Any crime requiring registration under Section 290 of the Penal Code, or

2. Any violation of Chapter 7.5 (beginning with Section 311) of Title 9, Part 1 of the Penal Code, or

3. Any violation of Chapter 7.6 (beginning with Section 314) of Title 9, Part 1 of the Penal Code, or

4. Any violation of Paragraphs (a), (b), or (d) of Section 647 of the Penal Code, or

5. Any violation of Sections 315, 316, or 318 of the Penal Code, or

6. Any violation of any provision of Division 10 of the Health and Safety Code; or

7. Any offense involving the use of force and violence on the person of another, or

8. Any felony offense.

The legal effect of a plea of nolo contendere, for purposes of this Part, shall be the same as that of a plea of guilty.

B.A. If conditions are imposed by the Planning Director, the applicant shall furnish proof that all conditions have been met or that security has been given to assure that they will be met before the Planning Director may issue the permitlicense.

5.40.0760 Standards and Conditions.

No permitlicense shall be granted unless the Planning Director finds and determines that the applicant has proposed an appropriate plan, with conditions of approval, to provide adopted a program and plans which he has the reasonable capability of carrying out which provide the necessary protection for the health, safety and general welfare of persons and property in the City, including spectators and participants, the City of Ripon itself, and owners of property adjoining the special event site., which are applicable to and listed on the appropriate special event application form. The aApplicant shall certify with a signature on the application that these conditions and terms, as specified on the application, have been read and agreed upon.

5.40.0870 Appeal to City Administrator.

A. If the Planning Director denies the permitlicense, or if the applicant believes that any condition of approval imposed by the Planning Director is a prerequisite to the issuance of the license is unjust or unreasonable, the applicant may appeal the decision of the Planning Director by filing a written notice of appeal with the City Clerk and one copy of such notice with the Planning Director. Such notice shall be filed not later than ten (10) days from the date of submission of the notice of the decision of the Director. The notice of appeal shall specify the reasons or grounds for the appeal.

3.A.a
Packet Pg. 196 Attachment: 5-40_858 Licensing and Regulations of Special Events - redlined version (3803 : Licensing and Regulations of Special Events) Redline Version
101-19.2 Ripon 3/17
C. The City Administrator shall consider the documentary and testimonial evidence of witnesses presented at the hearing, including all reports of investigation submitted to the Planning Director pursuant to Section 5.40.0540 hereof. The City Administrator may modify or reverse the decision of the Planning Director, or the portion thereof from which the appeal is made, only if heit finds that there is no substantial evidence to justify such decision or portion thereof, provided, however, that the City Administrator shall not waive any mandatory requirement of this PartCode.

D. The City Administrator shall render his/her decision on the appeal not later than five (5) days after the day on which the hearing is held. Upon rendition of the decision of the City Administrator, the City Clerk shall promptly notify the applicant of such decision in writing at the address submitted in the application. The decision of the City Administrator shall be final and conclusive.

5.40.0980 Special Provisions Applicable to Almond Blossom Festival.

The Ripon Chamber of Commerce is authorized as the exclusive operator of the annual Ripon Almond Blossom Festival. In coordinating and operating the annual Ripon Almond Blossom Festival, the Ripon Chamber of Commerce shall be subject to the provisions of this Chapter, except that the City Administrator may, in his discretion, waive or modify some or all of the requirements of Section 5.40.0760. In addition, the Ripon Chamber of Commerce shall be given authority to issue temporary vending permits to vendors of food and other goods during the Ripon Almond Blossom Festival. It shall be unlawful for any vendor of food or other goods (other than businesses licensed and existing within the City) to conduct any vending activities during the annual Almond Blossom Festival within the boundaries of the Mistlin Sports Park, the Community Center and Veteran’s Park, or within 100 feet of the Almond Blossom Festival Parade Route, or on any property specified in any permitlicense issued pursuant to this Chapter, without first obtaining a temporary vending permit from the Ripon Chamber of Commerce. The Chamber of Commerce shall have the responsibility, with the cooperation of the Ripon Police Department, as available, for enforcement of the temporary vending permit requirements of this subsection. The Chamber of Commerce may charge a reasonable processing fee in connection with the issuance of temporary vending permits pursuant to this Chapter. The City shall incur no liability in connection with the issuance of temporary vending permits by the Chamber of Commerce.

5.40.10090 Special Provisions Applicable to Community Amphitheater Events.

In coordinating and operating events at the community amphitheater located at the Mistlin Sports Park, applicants shall be subject to all of the provisions of this Chapter as well as the following requirements:

A. Event Scheduling. No event shall be scheduled at the Community Amphitheater simultaneous with, combined with, or in conjunction with, any other previously scheduled event within the boundaries of the Mistlin Sports Park if, in the discretion of the City Administrator/or his/her designee, The City Administrator and/or his/her designee will assist applicants in determining the availability of the Community Amphitheater for events that do not interfere with other scheduled events. No event at the Community Amphitheater planning to serve alcohol shall be approved without the consent of the City Administrator. Such determination will be based on impacts and/or concerns regarding other concurrent events and/or activities taking place within the boundaries of the Mistlin Sports Park.

B. Alcoholic Beverage Restrictions. The service of alcoholic beverages in the Community Amphitheater shall be limited to organizations that have completed the Ripon Non3.A.a Packet Pg. 197 Attachment: 5-40_858 Licensing and Regulations of Special Events - redlined version (3803 : Licensing and Regulations of Special Events) Redline Version
101-19.2 Ripon 3/17
Profit Agency Eligibility Application and have met the applicable minimum requirements. For any special event involving alcoholic beverages in the Community Amphitheater, the following standards shall apply:

2. Use of alcoholic beverages shall be limited to organized performance-based events where the primary focus shall be the performance and not the consumption of alcoholic beverages.

4. Use of alcoholic beverages shall be limited to the hours of operation of the performance-based event. No use of alcoholic beverages shall be permitted before or after the event.

5. Permissible alcoholic beverages in the Community Amphitheater shall be limited to beer and wine.

6. For any use involving alcoholic beverages, no patrons under the age of twenty-one (21) shall be permitted at the event.

5.40.100 Intentionally Omitted.

5.40.110 Exemptions from Application.

Any person or persons engaging in constitutionally protected speech, including, but not limited to, the distribution of printed materials, signs, campaign materials, and the like, shall be exempt from the application and permittinglicensing provisions of this ordinance.

5.40.120 Revocation.

The City Administrator shall have the right to revoke any licensepermit issued pursuant to this CodePart, not limited to but including the following causes:

A. The permitteelicensee fails, neglects or refuses to fulfill any of the conditions imposed upon the granting of a permitlicense.

3.A.a
Packet Pg. 198 Attachment: 5-40_858 Licensing and Regulations of Special Events - redlined version (3803 : Licensing and Regulations of Special Events) Redline Version
101-19.2 Ripon 3/17
B. The permitteelicensee fails, neglects or refuses to fulfill any of the provisions of the approved program or plans.

C. The permitteelicensee knowingly allowspermits the special event to be conducted in a disorderly manner or knowingly allows any person to remain on the premises while under the influence of intoxicating liquor or any narcotic or dangerous drug.

D. The permitteelicensee violates, or attempts to violate, any law of the State and the provisions of this CodePart or any ordinance of the City.

E. The licensee permittee has previously made a false, misleading, or fraudulent statement of material fact in the application for permitlicense or any other document required pursuant to this Chapter.

Written notice of such revocation shall be forwarded by the City Clerk to the Chief of Police and to the permitteelicensee at the address given in the application. Such revocation shall become effective immediately after ordered by the City Administrator.

5.40.130 Suspension of Operation.

The Chief of Police may suspend operation and close any special event prior to the expiration of the permitlicense granted under the provisions of this Chapter in the event of the occurrence of a riot, major disorder, or serious breach of the peace when, in his/her opinion, it becomes necessary to prevent injury to person or persons and/or damage of property.

5.40.140 Number of Participants.

If the Planning Director shall, as a condition of issuance of the permitlicense, impose a limit on the number of persons to be admitted to the special event and/or require that only holders of tickets shall be admitted to the premises on which the event to be held, it shall be unlawful for the permitteelicensee, or any agent or employees of the permitteelicensee:

5.40.150 Advertising Where Admission is to be By Ticket.

If the Planning Director shall require that admission to the special event shall be by ticket only, then it shall be unlawful for any person who advertises such event to neglect, refuse, or fail to cause the advertising to state that admission shall be by ticket only, or to make any statement which might imply any conclusion to the contrary.

5.40.160 PermitLicense Not Transferable.

No permitlicense granted under the provisions of this Chapter shall be transferable to another permitteelicensee or removable to another location.

5.40.170 Effect of Zoning and Business License Provisions.

3.A.a
Packet Pg. 199 Attachment: 5-40_858 Licensing and Regulations of Special Events - redlined version (3803 : Licensing and Regulations of Special Events) Redline Version
101-19.2 Ripon 3/17
The use of developed propertyland for a special event shall not be deemed to be in violation of any provisions of the Ripon Municipal Code restricting the use of land during such time as a permitlicense granted pursuant to this Chapter shall be in effect.

5.40.180 Penalty.

Any person violating any provision of this Chapter shall be guilty of an infraction, and may be prosecuted pursuant to the infraction provisions set forth in the Ripon Municipal Code Chapter

1.08. In the alternative, the Administrative Adjudication provisions of Ripon Municipal Code Chapter 1.12 may be utilized.

3.A.a
Packet Pg. 200 Attachment: 5-40_858 Licensing and Regulations of Special Events - redlined version (3803 : Licensing and Regulations of Special Events) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 04/11/2023
Subject: Organic Waste Diversion Regulations
RECOMMENDED ACTION:

This ordinance amends Chapter 8.12 Garbage Collection and Disposal to the Ripon Municipal Code providing clarification to assist in the implementation of the City solid waste and recycling programs.

BACKGROUND:

The City Council adopted an ordinance which amended Chapter 8.12 Garbage Collection and Disposal of the Ripon Municipal Code at the March 8, 2022 council meeting. The amendment was required by the State of California under SB1383 which required jurisdictions to adopt enforceable ordinances consistent with the requirements of the Organic Waste Diversion regulations to mandate compliance from organic waste generators, haulers and other entities.

The law establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy and establishes a target of a 50 percent organics disposal reduction by 2020 and a 75 percent reduction by 2025 using 2014 as the baseline. The law also grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.

The ordinance which amended Chapter 8.12 Garbage Collection and Disposal to the Ripon Municipal Code in 2022 included the new Organic Waste Diversion regulations. The regulations are very restrictive and include most sectors such as residential, commercial businesses, commercial food generators, schools, industrial and government entities. Each resident and business must subscribe to an organic waste collection service that either source separates the waste (separate bins) or transports all unsegregated waste to a facility that recovers 75 percent of the organic content collected from the system. The ordinance has several references to the CalRecycle Organic Waste Reduction regulations which are enforced through the California

3.B
Packet Pg. 201
Code of Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.

DISCUSSION/ANALYSIS:

Since the amended ordinance in 2022 staff has identified areas within Chapter 8.12 where conflicts are present among sections and other chapters in the code. Recommended changes are summarized below:
 Minor adjustments to definitions, formatting, and grammatical errors.  Changes to sections 8.12.120 through 8.12.170 in reference to permitted commercial and industrial haulers are included in order to combine the requirements for both classifications, clarify the fee structure and eliminate redundant information.  Changes to section 8.12.180 Monthly Rates and Charges and the addition of section

8.12.185 Advanced Payment Discount in order to align with the Water and Sewer rate structures and practices while removing outdated and irrelevant information.  Added section 8.12.225 Temporary Interruption of Garbage Collection Service has been added to identify the terms of suspending and restoring service under certain conditions.  Violation-Penalty information has been separated into its own section as 8.12.160 and changes include the ability to add penalties to the bill to align with other sections within the code.

The combined changes in the amendment will aid staff moving forward throughout the implementation of the solid waste and recycling programs.

The proposed amendment to Chapter 8.12 will amend this section of the Municipal Code to provide clarification to assist in the implementation of the City solid waste and recycling programs. There are no changes from first reading to second reading. Following is the proposed Ordinance recommended for second reading and adoption.

FISCAL IMPACT:

The adoption of this specific ordinance will have no additional fiscal impact although the eventual implementation of the mandated regulations in Chapter 8.12 will result in a significant increase in the City’s Garbage Enterprise Fund operating expenses. These anticipated additional expenses will result from additional tipping fees at the disposal and composting facilities used by the City, changes to the City’s collection routes, and staff time to complete all public outreach and reporting that is required to be in compliance with these new regulations. Since the regulations are so new and dramatically change solid waste collection for cities, local agencies and disposal facilities are still determining the extent of the cost increases.

3.B
Packet Pg. 202
ORDINANCE NO. 920

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RIPON AMENDING THE CITY OF RIPON MUNICIPAL
CODE, TITLE 8, CHAPTER 8.12 ENTITLED “GARBAGE
COLLECTION AND DISPOSAL” PROVIDING

CLARIFICATION TO ASSIST IN THE IMPLEMENTATION

OF THE CITY SOLID WASTE AND RECYCLING

PROGRAMS

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF RIPON AS FOLLOWS:

SECTION 1. AMENDING CHAPTER 8.12 TO THE RIPON MUNICIPAL CODE.

Chapter 8.12 to the Ripon Municipal Code is hereby amended to read in full as follows:

Chapter 8.12

GARBAGE COLLECTION AND DISPOSAL
Sections:

8.12.005 Purpose

8.12.010 Definitions

8.12.020 Collection of Solid Waste

8.12.030 Storage of Accumulated Garbage

8.12.035 Single-Family Generators

8.12.040 Collection-Frequency

8.12.050 Rear Yard Service-Charge

8.12.055 Placement of Containers-Interference with Traffic Prohibited

8.12.060 Unlawful Deposit of Garbage or Rubbish

8.12.070 Burning Garbage Prohibited- Exception

8.12.080 Burying Garbage Prohibited

8.12.085 Commercial Businesses

8.12.090 Self-Haulers

8.12.095 Waivers for Generators

8.12.100 Collection Truck Requirements

8.12.110 Supervision of Solid Waste Collection and Disposal by City

8.12.120 Commercial and Industrial Waste Collectors - Business License Required

8.12.130 Commercial and Industrial Waste Collectors-Permit Required

8.12.140 Commercial and Industrial Waste Collector-Permit Fee

8.12.150 Commercial and Industrial Waste Collector-Financial Reports to City

8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators

8.12.180 Monthly Rates and Charges

3.B
Packet Pg. 203

8.12.185 Advanced payment discount

8.12.190 Commingling of Materials-Separation of Garden Refuse

8.12.200 Collection of Prunings and Leaves-Time Period Designated

8.12.210 Unacceptable Material

8.12.220 Payment and Collection of Garbage Bills

8.12.225 Temporary Interruption of Garbage Collection Service

8.12.230 Ownership of Garbage Containers

8.12.232 Requirements for Commercial Edible Food Generators

8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions

8.12.238 Procurement

8.12.240 Failure to Pay Charges

8.12.250 Modification of Rates or Rules and Regulations

8.12.253 Inspections and Investigations by City or its Designees

8.12.255 Enforcement

8.12.260 Violation-Penalty

8.12.005 Purpose
State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their Jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.

State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services and requires Jurisdictions to implement a Mandatory Commercial Recycling program.

State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi-Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires Jurisdictions to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires Jurisdictions to implement a Mandatory Commercial Organics Recycling program.

3.B
Packet Pg. 204
SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including Jurisdictions, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self-Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.

SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires Jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity according to the State of California by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption. (Ord. 912 §1, 2022)

8.12.010 Definitions
The following words, terms, and phrases when used herein shall have the meaning ascribed to them in this Section except where the context clearly indicates a different meaning.

A. "Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials.

B. "Building" shall mean all other buildings not defined as dwellings.

C. "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this Chapter are preceded with a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR).

D. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).

E. "City" shall mean the City of Ripon.

F. "City Administrator" means the City Administrator of the City of Ripon.

G. "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal." H. "Collection vehicle or equipment" includes any vehicle or equipment used in the collection of residential refuse or commercial/industrial solid wastes.

I. "Collector" or “Permitted Waste Collector”, “Commercial Waste Collector” and “Industrial Waste Collector” shall mean persons, firms, or corporations authorized by the City Council by permit to collect and dispose of garbage, rubbish, and waste matter on a regularly scheduled basis, and includes the City where appropriate.

J. "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi-Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of this Chapter.

K. “Commercial Edible Food Generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 8.12.232 and 8.12.234 of this section.

3.B
Packet Pg. 205
L. "Commercial solid wastes" include all types of solid wastes generated by stores, offices, and other commercial sources and wastes, and includes commercial residential refuse.

M. "Community Composting" means any activity that composts green material, agricultural material, Food material, and vegetative Food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8).

N. "Compliance Review" means a review of records by the City to determine compliance with this Chapter.

O. "Compost" has the same meaning as in 14 CCR Section 17896.2(a)(4), which states that "Compost" means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.

P. "Construction and demolition wastes" includes the waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavement, houses, commercial buildings, landscaping debris and other structures.

Q. “Container Contamination" or "Contaminated Container" means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).

R. "Designee" means an entity or individual that the County contracts with or otherwise arranges to carry out any of the City's responsibilities of this Chapter as authorized in 14 CCR Section 18981.2. A Designee may be a City Department or its representative, a Permitted Waste Collector, a public or private entity, or a combination of those entities.

S. "Director" means the Director of Public Works of the City of Ripon, acting either directly or through authorized agents.

T. "Disposal site" includes the place, location, tract of land, area or premises in use, intended to be used, or which has been approved for the landfill disposal of solid wastes.

U. "Dwelling" shall mean a residence, flat, apartment, or other facility used for housing one or more persons, and located in the City of Ripon.

V. "Dwelling unit" means one or more habitable rooms which are intended to be occupied by one (1) family with facilities for living, sleeping, cooking, and eating and from which the City collects refuse.

W. “Edible Food” means unsold or unserved Food that is fit for human consumption, even though the Food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. For the purposes of these regulations, “Edible Food” is not Solid Waste if it is recovered and not discarded.

X. "Enforcement Action" means an action of the City to address non-compliance with this Chapter including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

Y. “Environmental Health Department” means the San Joaquin County Environmental Health Department.

Z. "Excluded Waste" means hazardous substance; hazardous waste; infectious waste; designated

3.B
Packet Pg. 206
waste; volatile waste; corrosive waste; medical waste; infectious waste; regulated radioactive waste; and toxic substances or material that any facility operator which receives materials from the County and its Generators reasonably believes would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance. This includes used motor oil and filters; household batteries; universal wastes; and/or latex paint; land use restrictions or conditions; waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions; waste that in County's, or its Designee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose County, or its Designee, to potential liability.

AA. “Food” has the same meaning as in Section 113781 of the Health and Safety Code.

AB. “Food Distributor” means a company that distributes Food to entities including, but not limited to, Supermarkets and Grocery Stores.

AC. “Food Facility” has the same meaning as in Section 113789 of the Health and Safety Code.

AD. “Food Recovery” means actions to collect and distribute Food for human consumption which otherwise would be disposed.

AE. “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of excess Edible Food from Edible Food Generators and distributes that Edible Food to the public for consumption, including, but not limited to:

1. A Food bank as defined in Section 113783 of the Health and Safety Code;

2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code

3. A nonprofit charitable temporary Food Facility as defined in Section 113842 of the Health and Safety Code.

AF. “Food Recovery Service” means a person or entity that collects and transports Edible Food from an Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery.

AG. “Food Service Provider” means an entity primarily engaged in providing Food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations.

AH. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs.

AI. "Garden refuse" includes leaves, grass cuttings, weeds, vines, shrubbery, tree trimmings, and similar soft vegetative materials.

AJ. "Generator" means a person or entity that is responsible for the initial creation of any waste material.

AK. "Gray Container" has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste.

AL. "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three-container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5).

AM. "Green Container" has the same meaning as in 14 CCR Section 18982(a)(29) and shall be

3.B
Packet Pg. 207
used for the purpose of storage and collection of Source Separated Green Container Organic Waste.

AN. “Grocery Store” means a store primarily engaged in the retail sale of canned Food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the Food is prepared and served, including a bakery, deli, and meat and seafood departments. Grocery Store includes convenience stores.

AO. "Hazardous Materials" means any hazardous, dangerous, or toxic substance, material, or waste, including but not limited to substances, materials, and waste designated by the United States Environmental Protection Agency as hazardous substances (40 CFR, Parts 261 and 302) and any amendments thereto, petroleum products, or other such substances, materials, and wastes that are now or later become regulated under any applicable local, State, or Federal law.

AP. “Health Facility” has the same meaning as in Section 1250 of the Health and Safety Code.

AQ. "High Diversion Organic Waste Processing Facility" means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of fifty percent (50%) between January 1, 2022 and December 31, 2024, and seventy-five percent (75%) after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the "Mixed Waste organic collection stream" as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).

AR. “Hotel” has the same meaning as in Section 17210 of the Business and Professions Code.

AS. "Industrial solid wastes" include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations.

AT. "Inspection" means a site visit where the City or its Designee reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste to determine if the entity is complying with requirements set forth in this Chapter, or as otherwise defined in 14 CCR Section 18982(a)(35).

AU. "Institutional solid wastes" include solid wastes originating from educational, health care, correctional, research facilities, or other similar facilities.

AV. "Jurisdiction" means a City, County, a City and County, or a special district that provides Solid Waste collection services.

AW. "Landfill" means a disposal site employing a method of disposing of solid wastes on hand without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the wastes to the smallest practical area, to a layer of suitable cover material at specific designated intervals.

AX. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.

AY. “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this Chapter, a venue facility includes, but is not limited to, a public,

3.B
Packet Pg. 208
nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this Chapter, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site is a single Large Venue.

AZ. “Local Education Agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste.

BA. "Mixed Waste" or "Mixed Waste Organic Collection Stream” means Organic Waste collected in a container that is required by 14 CCR Sections 18984.1, 18984.2, or 18984.3 to be transported to a High Diversion Organic Waste Processing Facility.

BB. "Multi-Family Residential Dwelling" or "Multi-Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family dwellings are considered Commercial Businesses for the purpose of this Chapter. They do not include Hotels, motels, or other transient occupancy facilities, which are also considered Commercial Businesses.

BC. "Non-Compostable Paper" includes but is not limited to paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).

BD. "Non-Organic Recyclables" means non-putrescible and non-hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).

BE. "Notice of Violation (NOV)" means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45).

BF. "Occupant" is synonymous with tenant or lessee.

BG. "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to Food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).

BH. "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).

BI. "Owner," when used with reference to a dwelling, shall mean and shall conclusively be deemed to be the legal owner or the legal owner's agent of the dwelling.

BJ. “Permitted Waste Collector" has the same meaning as in Section 8.12.130 of Title 8 of the City of Ripon Municipal Code and includes any person to whom a residential refuse collection agreement has been awarded by the City.

BK. "Permittee" means a person authorized by the City by permit to collect industrial and/or commercial wastes.

BL. "Person" means any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.

BM. "Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures.

3.B
Packet Pg. 209
BN. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).

BO. "Prohibited Container Contaminants" means the following: (1) material placed in a container which is not designated for that container under the system provided by the customer's Permitted Collector; or (2) Excluded Waste placed in any container.

BP. "Putrescible wastes" includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes, offal, and dead animals.

BQ. "Recovery" means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).

BR. "Recycling" means the process by which salvaged materials become usable products.

BS. "Refuse" includes garbage and rubbish.

BT. "Remote Monitoring" means the use of the internet of things (IoT) and/or electronic devices to visualize the contents of any container in a Permitted Collector's collection system to identify the quantity of materials in containers (level of fill) and/or presence of Prohibited Container Contaminants.

BU. "Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the Premises.

BV. "Residential solid wastes" includes all types of solid waste which originate in single family, two family, three family, or four family premises.

BW. “Restaurant” means an establishment primarily engaged in the retail sale of Food and drinks for on premises or immediate consumption.

BX. "Route Review" means a visual Inspection of containers along a Collector Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).

BY. "Rubbish" includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, wood, glass, bedding, crockery, plastics, rubber by-products, or litter.

BZ. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

CA. "SB 1383 Regulations" or "SB 1383 Regulatory" means or refers to, for the purposes of this Chapter, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

CB. "Self-Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable material that is self-generated to a facility. Self-Hauler also includes a person who back-hauls waste, or as

3.B
Packet Pg. 210
otherwise defined in 14 CCR Section 18982(a)(66). Back-haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator's own employees and equipment.

CC. “Share Table” has the same meaning as in Section 114079 of the Health and Safety Code.

CD. "Single-Family" means of, from, or pertaining to any residential premises with fewer than five (5) units.

CE. "Solid waste or wastes" include all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, garden waste, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid or semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, but excludes:

1. Sewage collected and treated in a municipal or regional sewage system.

2. Materials or substances having commercial value which have been salvaged for reuse, recycling, or resale.

CF. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of this Chapter, Source Separated shall include separation of materials by the Generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for the purpose of collection such that Source Separated materials are separated from Gray Container Waste or other Solid Waste for the purposes of collection and processing.

CG. "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes (Paper Products, printing and writing paper, wood and dry lumber and textiles) that can be placed in a Blue Container pursuant to 14 CCR Section 18984.1(a)(2).

CH. "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding carpets, hazardous wood waste, and Non-Compostable Paper
CI. "Source Separated Organic Waste" means Organic Waste that is placed in a container that is specifically intended for the separate collection of Organic Waste by the Generator.

CJ. "Source Separated Recyclable Materials" means material that is placed in a Blue Container composed of Source Separated Non-Organic Recyclables and any Source Separated Blue Container Organic Waste that is designated by the City or Permitted Waste Collector for placement in a Blue Container.

CK. "State" means the State of California.

CL. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

3.B
Packet Pg. 211
CM. "Swill" means all animal, vegetable, or other matter having a food value, from clubs, hospitals, hotels, restaurants, and public eating places, which is putrefactive or easily decomposable and attractive to flies or rodents, and which has a property value.

CN. "Tenant" means a person who is legally in control of, but is not necessarily the legal owner of, a building, or a part of a building or a dwelling unit or any type of premises. Synonymous with occupant or lessee. (Ord. 570 §1, 1997)
CO. "Three-Plus Container System" means a collection system that provides additional containers or split containers in an existing three-container system.

CP. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Supermarket.

2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

3. Food service provider.

4. Food distributor

5. Wholesale Food vendor.

CQ. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:

1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

2. Hotel with an onsite Food Facility and 200 or more rooms.

3. Health Facility with an on-site Food Facility and 100 or more beds.

4. Large Venue.

5. Large Event.

6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

7. A Local Education Agency facility with an on-site Food Facility.

CR. "Waste Evaluation" means an audit of any waste stream to determine the level of contamination in the waste stream being measured, in accordance with the requirements of 14 CCR Section 18984.5(c).

CS. “Wholesale Food Vendor” means a Food establishment in which Food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination. (Ord. 912 §1, 2022)

8.12.020 Collection of Solid Waste
The City shall collect, transport, and dispose of all residential solid waste. Commercial and industrial solid wastes may be collected, transported, and disposed of by the City, or by authorized commercial and/or industrial waste collectors in accordance with this Chapter, at the option of the owner, occupant, or tenant of the premises operating the commercial or industrial waste. (Ord. 570 §1, 1997)

8.12.030 Storage of Accumulated Garbage
It shall be the duty of every tenant, owner, or occupant of any private dwelling house; the keeper

3.B
Packet Pg. 212
of a hotel, restaurant, eating house, boarding house, or other building where meals are served; the owner of every flat or apartment house, trailer camp, motel, auto court, cabin, business establishment; and every other person having garbage, rubbish, or waste matter to keep within the building or on the real property on which the building is situated, the accumulation of garbage, rubbish, or waste matter on the premises during the interval between collections. These accumulations shall be placed in the ninety-gallon container, three hundred gallon container, dumpster, or other container as deemed appropriate by the City, which shall be supplied by the City or other authorized commercial or industrial waste collector. No other type of garbage container shall be allowed. (Ord. 570 §1, 1997)

8.12.035 Single-Family Generators
A Single-Family Organic Waste Generator shall:

A. Subscribe to City’s Organic Waste collection services for all Organic Waste generated as described below in Section 8.12.035(B) through (D). City shall have the right to review the number and size of a Generator's containers to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials.

B. Adjust its service level for its collection services as requested by the City.

C. Place designated materials in separate containers in accordance with the City collection system. Generator shall not place Prohibited Container Contaminants in collection containers.

D. Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c) (Ord. 912 §1, 2022)

8.12.040 Collection-Frequency
All residential non-recyclable solid waste shall be picked up on a one-stop basis at least once a week. The ninety-gallon garbage containers shall be placed at curbside no sooner than the evening before the pickup day. All empty containers must be removed from curbside by the evening of the pickup day. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)

8.12.050 Rear Yard Service-Charge
Should any qualified resident request special rear yard service, then the garbage containers must be placed within seventy-five (75) feet of the closest curb. An additional charge of Five Dollars ($5.00) a month shall be made for any rear yard service requested and furnished by the City.

Rear yard service shall only be made available to elderly and/or disabled residents who are unable to move their garbage container to the curb. The City at all times shall reserve the right to refuse to grant a request for rear yard service, should any special circumstances make it difficult or impossible to provide such service. (Ord. 570 §1, 1997)

8.12.055 Placement of Containers -Interference with Traffic Prohibited Every tenant, occupant, keeper, or owner of the places of occupancy will be responsible for placing garbage containers curbsideas to not interfere with vehicular or pedestrian traffic on the streets or sidewalks adjacent thereto. Garbage containers should be placed at least five (5) feet away from any parked vehicle or other obstacles. . (Ord. 570 §1, 1997)

3.B
Packet Pg. 213

8.12.060 Unlawful Deposit of Garbage or Rubbish
It is unlawful for any person in the City to throw or deposit any solid waste, or to cause the same to be thrown or deposited, upon any street, alley, gutter, park, or other public way, or to throw or deposit the same in or upon any private premises or vacant lot, or to store or keep the same, except in containers for pickup as required by this Chapter. It is unlawful to store, deposit, or keep solid waste in any place where rodents can have access thereto or feed thereon. (Ord. 570 §1, 1997)

8.12.070 Burning Garbage Prohibited-Exception
It is unlawful for any person, firm, or corporation to burn solid waste at any place within the City. If allowed by State or County law, the Fire Chief of the Fire Department shall have the right to authorize the legal burning of dry rubbish or garden refuse allowed by law, by written permit therefore and further provide, that such burning is not attended by any dense smoke, offensive odors, or fire hazard. (Ord. 570 §1, 1997)

8.12.080 Burying Garbage Prohibited
It is unlawful for any person to bury garbage, putrescible wastes at any place within the City. (Ord. 570 §1, 1997)

8.12.085 Commercial Businesses
A Generator that is a Commercial Business shall:

A. Subscribe to City approved collection services and comply with requirements of those services as described below in Section 8.12.085(B) through (L), except Commercial Businesses that meet the Self-Hauler requirements in Section 8.12.090 of this Chapter. The City or Permitted Waste Collectors shall have the right to review the number and size of a Generator's containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation and containment of materials. A Commercial Business shall adjust its collection service levels as requested.

B. Place designated materials in separate containers in accordance with the City or Permitted Waste Collector's collection system. Generator shall not place Prohibited Container Contaminants in collection containers. Self-Haulers shall source separate and haul their waste materials pursuant to 14 CCR Sections 18984.1, 18984.2 or 18984.3.

C. Supply and allow access in common areas to adequate number, size and location of collection containers for employees, contractors, tenants, and customers. Such containers shall have sufficient labels or colors, consistent with the City or Permitted Waste Collector’s collection system. If self-hauling, such labels or colors shall be consistent with a Commercial Business' instructions to support its compliance with self-haul requirements of Section 8.12.090.

D. Provide containers for the collection of Organic Waste and Source Separated Recyclables as determined by the City or Permitted Waste Collector's collection system in all indoor and outdoor areas where disposal containers are provided for customers. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that

3.B
Packet Pg. 214
particular container in areas where disposal containers are provided for customers.

Pursuant to 14 CCR Section 18984.9(b), the containers provided by a Commercial Business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided or approved by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements.

A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of SB 1383 prior to the end of the useful life of those containers. All containers must comply by January 1, 2036, and any new container purchased on or after January 1, 2022 shall follow the color requirements of SB 1383; or

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements in this Chapter are required on new containers commencing January 1, 2022.

Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Section 8.12.085(4) pursuant to 14 CCR Section 18984.9(b).

E. Prohibit employees, to the extent practical through education, training, Inspection, or other measures, from placing materials in a container not designated for those materials per the City or Permitted Waste Collector's collection system. If self-hauling, such education shall follow a Commercial Business' instructions to support its compliance with the self-haul requirements of

8.12.090. Multi-Family Residential Dwellings are exempt from this requirement.

F. Perform periodic Inspections of all containers provided in the City or Permitted Waste Collector's collection system for contamination and inform employees if containers are contaminated and of the requirement to keep Prohibited Container Contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). Multi-Family Residential Dwellings are exempt from this requirement.

G. Provide information annually to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste and (when applicable) Source Separated Recyclable Materials.

H. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants of the requirement to keep Prohibited Container Contaminants out of all containers in accordance with the City’s or Permitted Waste Collector’s collection system. If self-hauling, such education information shall be consistent with the self-haul requirements of Section 8.12.090.

I. Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Section 8.12.253 of this Chapter, in order to confirm compliance with the requirements of this Chapter.

J. Accommodate and cooperate with a Remote Monitoring program, which may be implemented by the City at a later date. Such a Remote Monitoring program shall be for

3.B
Packet Pg. 215
Inspection of the contents of containers for Prohibited Container Contaminants and shall involve installation of Remote Monitoring equipment on or in any container in the City’s or Permitted Waste Collector's collection system.

K. Implement at its own discretion a Remote Monitoring program for Inspection of the contents of the containers that are provided by the City or a Permitted Waste Collector. Said program is subject to approval by City.

L. Have the option of preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

M. Meet the Self-Hauler requirements in Section 8.12.090 of this Chapter, if a Commercial Business determines to self-haul. (Ord. 912 §1, 2022)

8.12.090 Self-Haulers
A. Self-Haulers shall source separate all recyclable materials and Organic Waste from Solid Waste generated on-site in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their materials to facilities which recover said materials in accordance with requirements of 14 CCR Sections 18984.1 18984.2 and 18984.3:

1. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers such materials.

2. Self-Haulers shall haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.

3. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

4. Self-Haulers shall haul Mixed Waste, if applicable, to a High Diversion Organic Waste Processing Facility.

5. Self-Haulers shall haul Gray Container Waste to a licensed California Solid Waste Facility.

C. Self-Haulers shall keep a record of the amount of all waste materials described in

8.12.090(B) delivered to each Solid Waste facility, operation, activity, or property that processes or recovers such materials; this record shall be subject to Inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the Generator to each entity.

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the materials described in 8.12.090(B).

D. Self-Haulers that are Commercial Businesses (including Multi-Family Self-Haulers) shall provide information collected in Section 8.12.090(C) to City upon request.

E. Self-Haulers shall comply with all applicable sections of the City of Ripon Municipal Code. (Ord. 912 §1, 2022)

3.B
Packet Pg. 216

8.12.095 Waivers for Generators
A. De Minimis Waiver:

For Two-Container, Three-Container or Three-Plus Container Systems, the City may waive a Commercial Business's obligation to comply with some or all of the Organic Waste requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 8.12.095(A)(2) below.

Commercial Businesses requesting a De Minimis Waiver shall:

1. Submit a City-approved application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8.12.095(A)(2) below.

2. Provide documentation in a City-approved format that either:
a. The Commercial Business's total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Green Container comprises less than 20 gallons per week per applicable container of the business's total waste; or b. The Commercial Business's total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Green Container comprises less than 10 gallons per week per applicable container of the business's total waste.

3. Notify City if circumstances change such that the Commercial Business's Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide City-approved written verification of eligibility for De Minimis Waiver every five (5) years, if City has approved De Minimis Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses are meeting De Minimis Waivers for compliance with this Chapter.

B. Physical Space Waiver:

Given inadequate space for collection containers, for Two-Container, Three-Container or ThreePlus Container Systems, City may waive the obligations of a Commercial Business (or the owner of the property where a Commercial Business is located) or resident to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements. The granting of this waiver requires evidence from the City's own staff, a Permitted Waste Collector, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Sections 8.12.035 or 8.12.085.

A Physical Space Waiver may be requested through the following process:

1. Submit a City-approved application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. For Three-container or Three-plus container collection systems, provide documentation that the premises lack adequate space for Blue Containers and/or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.

3. For a Two-container collection system, provide documentation that the premises lack adequate space for either Blue Containers or Green Containers, including documentation from its Permitted Waste Collector, licensed architect, or licensed engineer.

4. Provide written City-approved verification to City that it is still eligible for Physical Space

3.B
Packet Pg. 217
Waiver every five (5) years, if City has approved application for a Physical Space Waiver. At least every five years from the date of issuance, City shall verify through Inspection that Commercial Businesses and residences are meeting Physical Space Waivers for compliance with this Chapter. (Ord. 912 §1, 2022)

8.12.100 Collection Truck Requirements
Every vehicle used for the collection of solid waste shall have a metal-lined, water-tight body and a suitable cover, and shall be operated so as to prevent the contents from falling or spilling therefrom. Each vehicle shall be well painted, and shall be kept in a clean and sanitary condition. (Ord. 570 §1, 1997)

8.12.110 Supervision of Solid Waste Collection and Disposal by City The City Administrator is authorized to supervise the collection and disposal of solid waste in the City. The City Administrator or his designated agent shall receive and investigate all complaints and endeavor to improve and extend the solid waste collection service. The City Administrator or his designated agent shall have the power to issue any notices or other type warnings or to issue citations for any violation of any of the provisions of this Chapter. All disputes between licensed collectors, City, and producers concerning charges, service, or any other matter not otherwise delegated, shall be decided by the City Administrator. Any person aggrieved by any decision of the City Administrator shall have the right to file a written appeal with the City Council, who shall decide the matter at the next regular Council meeting. The decision of the City Council shall be final. The Chief of Police or any designated and authorized person is directed to enforce the provisions of this Chapter, and shall have the right to enter all premises for the purpose of making any inspection or investigation which he may deem necessary under the provisions of this Chapter. (Ord. 570 §1, 1997)

8.12.120 Commercial and Industrial Waste Collectors - Business License Required A. It is unlawful for any person, firm, corporation, or association other than the City, or as specified herein, to collect solid waste within the City, or transport the same through the streets, alleys, and public ways of the City, unless such person, firm, corporation, or association has obtained a business license from the City. The provisions of this Chapter shall not be applicable to any person, firm, corporation or other association to collect solid waste on a not for profit basis for charitable purposes.

B. Nothing in this Chapter shall be construed to prohibit any person from transporting his own solid waste to any site approved for the dumping thereof outside the City, or to prohibit any person, building contractor, or subcontractor engaged in the construction or repair of any building or structure from removing and disposing of any solid waste which has accumulated during such construction or repair if the requirements of Section 8.12.090 Self-Haulers are met.

It is unlawful for any person, building contractor, or subcontractor, engaged in the repair, construction, or demolition of any building or structure, or part thereof, to fail to remove from any street, alley, gutter, park, sidewalk, curbing, or any public way, building materials, solid waste, or other rubbish deposited thereon, in connection with that portion of the repair, construction, or demolition work under his special or general supervision. The person, building

3.B
Packet Pg. 218
contractor, or subcontractor must remove such building materials or waste matter within seven (7) days of his final cessation of work on the building or structure, or part thereof.

C. Nothing in this Section shall be construed to prohibit any person from removing and disposing of solid waste when ordered to do so by the City Administrator, Chief of Police, Fire Department, health officer, or their authorized representatives, in order to eliminate a fire hazard or other health menace immediately. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)

8.12.130 Commercial and Industrial Waste Collectors-Permit Required It shall be unlawful for any person, firm, or corporation other than the City to collect and dispose of commercial waste within the City of Ripon as a commercial waste collector and/or to collect and dispose of industrial waste within the City of Ripon as an industrial waste collector without first having received a permit to do so. Any permit required by this Section may be granted by the City Council of the City of Ripon, and may be subject to such conditions and stipulations as may be determined by the City Council. The City Council shall establish, by resolution, rules and regulations for the administration of this chapter. Notwithstanding any other provision of this chapter, any commercial or industrial waste collector who prior to January 1, 1997, had by an agreement adopted by the City Council received authorization to collect commercial and industrial waste in the City of Ripon shall be considered currently permitted and in compliance with this section for the duration of any such agreement, and shall be exempt from the payment of permit fees during the period of validity of such agreement. Thereafter, said collector(s) shall pay the annual renewal fee set forth in this Section. Said permit or permits for any collectors not previously authorized by the City Council shall be issued upon majority vote of the City Council.

The fee for the issuance of each commercial waste permit shall be the sum of Eight Thousand Dollars ($8,000) and the fee for the issuance of each industrial waste permit shall be the sum of Eight Thousand Dollars ($8,000). Thereafter, the annual renewal fee for said permit(s) shall be the Four Thousand Dollars ($4,000) each. Any such permit issued pursuant to this Section shall not be transferable to another person, firm, or corporation and, in the case of corporations, the permit shall become void whenever there may occur a transfer of the majority interest in said corporation. (Ord. 570 §1, 1997)

8.12.140 Commercial and Industrial Waste Collector-Permit Fee In addition to the initial permit fee mentioned in Section 8.12.130 for the privilege to provide service pursuant to permit, the commercial and industrial waste collectors shall pay to the City of Ripon eight percent (8 %) of the gross revenue collected for performing commercial and industrial waste collection services.

For the purpose of this Section only, no such additional fees will be due and payable to City for revenues derived from the direct or indirect sale of reclaimed solid waste or its derivations.

However, this provision shall not be construed to exempt revenue from any element of the services to collect such commercial waste.

On or before the fifteenth day of each month, the waste collectors shall submit to the Finance Director a statement of gross revenues collected pursuant to the permit for the preceding month, with the appropriate remittance in full. Such statement shall separately show gross revenue from

3.B
Packet Pg. 219
the sale of reclaimed refuse for the preceding month.

The waste collector shall, from the sources of revenue available to the collector through the granting of the permit, pay all fees and charges due the City as provided for in this Subsection. A five percent (5%) penalty shall apply to a delinquent payment for the first month, and a one percent (1%) penalty shall be added for each succeeding month thereafter until the delinquent balance is paid in full. (Ord. 570 §1, 1997)

8.12.150 Commercial and Industrial Waste Collector-Financial Reports to City Every waste collector who has obtained a permit to provide commercial and industrial waste collection services within the City of Ripon, shall at any time deemed necessary by the City Administrator make available to City all accounting records that pertain to any portion of the waste collector's operations within the scope of the permit issued pursuant to Section 8.12.130.

Upon request the waste collector shall provide City its annual audited financial statements prepared by an independent certified or public accountant. The statements shall be prepared by the independent auditor in conformance with accepted accounting principles. Such statements shall be provided to the City within one hundred twenty (120) days after the close of the collector's fiscal year. The financial statements shall clearly indicate the waste collector's activities within the City, and the City shall insist that the financial statements do not reflect any other business activities that are carried on by the collector in any other area or jurisdiction other than the City of Ripon. The City reserves the right to request, and the commercial and industrial waste collector shall provide any additional documentation, itemization, or detail as requested by City, to verify any amounts reported in monthly revenue reports and annual financial statements. (Ord. 570 §1, 1997)

8.12.160 (rescinded)

8.12.170 (rescinded)

8.12.175 Permitted Waste Collectors and Organic Waste Facility Operators A. Requirements for Permitted Waste Collectors:

1. A Permitted Waste Collector, as a condition for authorization to collect Waste within the City of Ripon, shall comply with all collection requirements contained in SB 1383 Regulations, including but not limited to: providing approved collection systems; providing education to customers; providing equipment, container labeling, and correct container colors; performing contamination monitoring; and meeting prescribed reporting requirements.

2. A Permitted Waste Collector shall:
a. Obtain written approval from City to collect Organic Waste within the City, pursuant to 14 CCR Section 18988.2.
i. For non-franchised Permitted Waste Collectors, a written statement from the Department of Public Works shall constitute approval.
b. Keep a record of the documentation of its approval by City to collect Organic Waste within the City.
c. Identify, through written notice to the City annually on or before October 31 of each

3.B
Packet Pg. 220
year, the facilities to which it will transport each material type from its collection activities in the City in the following year. Reported material types shall be identified by the following categories: Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, Mixed Waste, or Gray Container Waste.
d. Provide container collection services in the City as specified in 14 CCR, Division 7, Chapter 12, Article 3.
e. Transport Source Separated Recyclable Materials to a facility that recovers all Source Separated Recyclable Materials collected in the designated container. f. Transport Source Separated Green Container Organic Waste to a facility that recovers Source Separated Organic Waste.
g. Transport Mixed Waste to a High Diversion Organic Waste Processing Facility. h. Perform either Route Reviews or Waste Evaluations on all Commercial Business Collection Routes within the City of Ripon pursuant to Section 8.12.255(C) of this Chapter and the Container Contamination monitoring requirements of 14 CCR Section 18984.5. i. Submit a Route Review or Waste Evaluation plan and methodology annually or as requested by City for approval.
j. Submit annually a report to City summarizing the results of each Route Review with location of each violation identified.
k. Submit annually to City an overall SB 1383 customer compliance report in a format approved by City, including a list of non-compliant customer names, addresses and service levels.
l. Develop SB 1383 educational materials, pursuant to 14 CCR Section 18985.1, for issue to Commercial Businesses for general education and for violations of SB 1383 requirements.

City shall approve such materials prior to issue.
m. Issue SB 1383 educational materials annually to all Commercial Businesses that are provided Organic Waste collection service, pursuant to 14 CCR Section 18985.1. n. Receive annually from City a list of Commercial Businesses with waivers from SB 1383 requirements.
o. Provide annually, to the extent of the Permitted Waste Collector's knowledge, to City a list of Commercial Businesses without collection service, in order to assist City in monitoring SB 1383 Self-Hauler requirements.
p. Provide, at request of City, any information necessary for City to fulfill its SB 1383 reporting obligations to CalRecycle as specified in 14 CCR Sections 18994.1 and 18994.2.

3. City may establish, through Resolution by the City Council, a fee paid by the Permitted Waste Collector to offset costs incurred by City related to compliance with this Chapter.

B. Requirements for Organic Waste Facility Operators and Community Composting Operations:

1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publicly-owned treatment works shall, upon City's request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. All such entities contacted by City shall respond within 60 days.

3.B
Packet Pg. 221

2. Community Composting Operators, upon City's request, shall provide information to City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. All such entities contacted by City shall respond within 60 days. (Ord. 912 §1, 2022)

8.12.180 Monthly Rates and Charges
A. Established rates, fees and charges for the collection services specified in this Chapter are established, and shall be charged for the collection of services. The amounts of the rates, fees and charges for collection services shall be set by resolution of the City Council.

1. For the health, safety and welfare of the residents of the City, the ninety (90) gallon containers must not be overloaded so that the lids will not close. If more volume is needed, a second ninety (90) gallon container must be used. If containers are so overloaded that the lid is not able to be closed, the garbage and refuse producer may be cited by the City, and the garbage and refuse producer charged a surcharge equal to one-half (½) the normal monthly rate for each violation of residential customers.

2. For commercial and industrial containers where commercial or industrial users overload any container, the City may cite the garbage and refuse producer, and for those commercial and industrial solid wastes which are collected by the City shall charge a surcharge of one-half (½) the normal monthly rate for each violation of commercial users.

B. Rate Schedule.The rate schedule for commercial and industrial solid waste collections by licensed collectors other than the City shall be set by negotiation between the licensed collectors and the customer.

C. Rate Reduction. A discount of 20% shall be granted to qualified Owners or Occupants whose household income qualifies as “very low income” as defined in California Code of Regulations, Title 25, Section 6926 as may be amended. A discount of 10% shall be granted to qualified Owners or Occupants whose household income qualifies as “lower income” as defined in California Code of Regulations, Title 25, Section 6928, as may be amended. Owners or Occupants seeking the discount set forth in this subsection shall present adequate proof of income status to the City Clerk, whose decision shall be final. (Ord. 727 §1, 2005) D. Special Charges. When in the opinion of the City the minimum charge, as provided in this Section, is insufficient to cover the cost of the service provided to any commercial or individual solid waste operator by reason of volume or other special circumstances, the City may propose a monthly charge for collection at the establishment and agree with the owner thereof as to the particular charge to be made in each case. Commercial and industrial solid waste operators shall pay the full price for each ninety (90) gallon container used.

E. Rate Modifications. Any fees or charges set forth in this Chapter may be modified, changed, or eliminated at any time by the adoption of a resolution of the City Council. The amount of any such increase or decrease shall be annually added to or subtracted from the applicable fees as provided for in this Chapter.
(Ord. 570 §1, 1997, Ord. 912 §1, 2022)

8.12.185 Advanced payment discount

3.B
Packet Pg. 222
A discount not to exceed five percent (5%) may be given by the Administrative Officer for garbage accounts paid in February. This payment shall be for fees for the period of February through the following January and must be received by February 11th of any calendar year.

8.12.190 Commingling of Materials-Separation of Garden Refuse Garden refuse placed within the designated container must be cut or trimmed not to exceed two (2) foot lengths or two inches (2") in diameter.

Between January 8th and October 14th of each year, collection of garden refuse which has not been placed within a designated garden refuse container may be collected on a weekly basis only if arrangements have been made by contacting City Hall. Garden refuse placed at the curb for collection must be cut or trimmed not to exceed four (4) foot lengths or six inches (6") in diameter. The cost for collection is as follows:
1/4 truck load (3 ½ CY ±) $40.00
1/2 truck load (7 CY ±) $45.00
3/4 truck load (10 ½ CY ±) $50.00
Full truck load (14 CY ±) $55.00
Truckload quantities are not compacted and shall be determined by city staff. Garden refuse which has been left at the curb without collection arrangements shall be ticketed. Refuse producers will be required to properly dispose of, or make arrangements for collection of ticketed garden refuse prior to the next designated garden refuse collection day. If garden refuse remains, it shall be collected and the owners will be charged the designated rate. Ownership of garden refuse will be established as the residential or commercial unit directly adjacent to the refuse. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)

8.12.200 Collection of Prunings and Leaves-Time Period Designated Between October 15th and January 7th of each year, or such other period of time as may from time to time be designated by the City Council, the following special handling provisions shall apply for pruning and leaves only. No other solid waste of any kind shall be deposited among the pruning or leaves. During the period, all pruning and leaves may be placed in the gutters curbside without the necessity of placing the pruning or leaves in containers. All pruning, however, must still be cut into lengths not exceeding four (4) feet and six inches in diameter, and need not be tied in bundles. Pruning shall be placed separately from the leaves immediately adjacent thereto.

Other than during the period as set forth in this Section for the special handling of pruning and leaves, the regular provisions of this Chapter shall apply at all times on their handling for the balance of the year. (Ord. 570 §1, 1997)

8.12.210 Unacceptable Material
Any material which may be deemed to be not acceptable by the City as provided in this Chapter, such as large accumulations from yard cleaning, tree trimmings and removal, and major house cleaning or wrecking or remodeling debris, may be removed by the City as a special collection upon request. All special requests shall be directed to City Hall. The special pickup charge to be made therefor shall be based upon volume, the difficulty of handling, the time required for the City crew to make the collection, haul it to the disposal site, and return to the City corporation

3.B
Packet Pg. 223
yard. In no event shall this ordinance be construed as to authorize the disposal by any person of hazardous materials in any manner other than in strict compliance with all applicable laws and regulations pertaining thereto. (Ord. 570 §1, 1997)

8.12.220 Payment and Collection of Garbage Bills
The charge for the collection of solid waste by the City as set forth in this Chapter, shall be charged and collected from all occupied premises served by the City within the corporate limits of the City. The charges for collection of such solid waste shall be paid at the same time and in the same manner as City water bills are paid. All rules and regulations governing the payment and collection of water bills shall apply in every particular in the payment and collection of garbage bills. (Ord. 570 §1, 1997)

8.12.225 Temporary Interruption of Garbage Collection Service If a residential dwelling unit is vacant and uninhabited for a period of at least ninety (90) consecutive days and no residential waste will be generated on the site, the customer may request a temporarily interruption of garbage collection service upon payment of a fee. It is the customer’s responsibility to immediately restore garbage collection service when the dwelling unit is again occupied. If the City finds that someone has inhabited the residence at any time during this temporary interruption, the customer will be obligated to pay the garbage collection service fees for the entire period along with the request fee.

8.12.230 Ownership of Garbage Containers
All waste containers supplied by the City to each household unit or commercial or industrial solid waste operator shall remain the property of the City. Any damage to the container due to the negligence of the user, so as to require a repair or replacement of the container, shall be the responsibility of the property owner. The cost to replace or repair stolen or damaged containers shall be paid by the property owner. (Ord. 570 §1, 1997)

8.12.232 Requirements for Commercial Edible Food Generators A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.B.

B. Large Venue or Large Event operators not providing Food services, but allowing for Food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

3.B
Packet Pg. 224

4. Allow the City or designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of Food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that Food will be collected or self-hauled. iv. The quantity of Food, measured in pounds recovered per month, collected or selfhauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

D. Nothing in this section shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or Share Table and school Food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to Food safety, as amended, supplemented, superseded and replaced from time to time). (Ord. 912 §1, 2022)

8.12.234 Requirements for Food Recovery Organizations, Services, and Jurisdictions A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section

3.B
Packet Pg. 225
18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City of Ripon and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Jurisdiction it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) no later than January 31 of each year.

D. Food Recovery Capacity Planning

1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Jurisdiction. (Ord. 912 §1, 2022)

8.12.238 Procurement
City of Ripon departments, and direct service providers to the City, as applicable, must comply with the procurement requirements required by SB 1383 Regulations (14 CCR, Division 7, Chapter 12, Article 12) and shall be detailed in the City of Ripon Procurement Policy. (Ord. 912 §1, 2022)

8.12.240 Failure to Pay Charges
It is unlawful for any person having solid waste collected and disposed of by the City as provided in this Chapter, to willfully fail, neglect, or refuse to pay for the collecting and disposing of same, the rate provided in this Chapter to be paid for such service. (Ord. 570 §1, 1997)

8.12.250 Modification of Rates or Rules and Regulations.

For the purpose of carrying out the collection of solid waste in the City, the City Council may, by resolution, change the rates for the services contained in this Chapter, or establish any other rules and regulations necessary to carry out the intent and purposes of this Chapter. (Ord. 570 §1, 1997)

3.B
Packet Pg. 226

8.12.253 Inspections and Investigations by City or its Designees A. City representatives and their Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility to confirm compliance with this Chapter. This shall apply to Organic Waste Generators, Commercial Businesses, property owners, Commercial Edible Food Generators, Permitted Waste Collectors, and Self-Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws.

B. For the purposes of inspecting Commercial Business containers for compliance with Section

8.12.085(b) of this Chapter, City may conduct container Inspections for Prohibited Container Contaminants using Remote Monitoring, and Commercial Businesses shall accommodate and cooperate with the Remote Monitoring pursuant to Section 8.12.085(k) of this Chapter.

C. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with City employees or their Designees during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, records, Edible Food Recovery activities, or any other requirement of this Chapter. Failure to provide or arrange for access to an entity's premises or access to records for any Inspection or investigation is a violation of this Chapter.

D. Any records obtained by City during its Inspections, Remote Monitoring, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

E. City representatives and Designees are authorized to conduct any Inspections, Remote Monitoring, or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.

F. City shall receive written complaints from persons regarding any entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. (Ord. 912 §1, 2022)

8.12.255 Enforcement
A. With the exception of Prohibited Container Contaminants violations, as addressed under Section 8.12.255(C)(2), violation of any provision of this Chapter may subject the violator to Enforcement Actions indicated
B. City may choose to delay Enforcement Action until such time as a sufficiently large number of violations, or cumulative size of violations, exist such that Enforcement Action is a reasonable use of City staff and resources.

C. Process for Determining Compliance with this Chapter

1. The City shall monitor compliance with this Chapter through Compliance Reviews, Route Reviews, Waste Evaluations, investigation of complaints, and an Inspection program (that may include Remote Monitoring).

2. For any incident of Prohibited Container Contaminants found in a Route Review of commercial or residential containers, the City or Permitted Waste Collector, as City’s Designee,

3.B
Packet Pg. 227
shall notice the Generator that a violation has occurred. Such notice shall be provided immediately via a cart tag upon identification of the Prohibited Container Contaminants, or by other communication within fourteen (14) days after determining that a violation has occurred.

If City or its Designee observes Prohibited Container Contaminants in a Generator's containers on more than three (3) consecutive occasions, or six (6) total occasions in any twelve (12) month period, City may issue a formal Notice of Violation, followed by civil penalties.

3. With the exception of violations of Container Contamination addressed under Section

8.12.255(C)(2), for any violation of this Chapter City may issue a Notice of Violation requiring compliance within 60 days of issuance of the Notice of Violation, or a shorter time period if the City determines the violation constitutes a risk to public health and safety or a longer time period if City determines that extenuating circumstances exist that make compliance with the deadline impracticable.

4. The City or its designee shall administer and enforce any and all provisions in this Chapter related to Edible Food waste, including Sections 8.12.232 and 8.12.234.

5. Absent compliance by the violator within the deadline set forth in the Notice of Violation, City may commence an action to impose penalties and fines. Any Notice of Violation shall be sent to the listed "owner" at their address of record. If no such address is available, the Notice of Violation shall be sent to the owner at the address where the violation occurred or to the party responsible for paying for the collection services, depending upon available information.

D. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, City shall conduct Inspections, Remote Monitoring, Route Reviews, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this Chapter. If City determines that an entity is not in compliance, City shall provide educational materials to the entity describing its obligations under this Chapter and that violations may be subject to civil penalties starting on January 1, 2024.

E. Enforcement Table
With the exception of Container Contamination violations addressed under Section

8.12.255(C)(2), violation of any provision of this Chapter, including but not limited to the violations listed below, may commence an action by the City to impose penalties and fines.

3.B
Packet Pg. 228
Code Section Description of Violation
Single-Family Generator
Requirement:

Section 8.12.035
Single-Family Organic Waste Generator fails to source
separate waste materials into appropriate containers in accordance with City or Permitted Waste Collector’s collection system.

Commercial Business Requirement:

Sections 8.12.085
Commercial Business that does not self-haul, fails to provide or arrange for Organic Waste collection service through a
Permitted Waste Collector.

Commercial Business Requirement:

Sections 8.12.085
Commercial Business fails to supply and allow access to adequate numbers, size, and location of containers and
sufficient signage, labelling, and container color.

Commercial Business Requirement:

Section 8.12.085
Commercial Business fails to provide or arrange for access to its premises for any Inspection or investigation by City.

Permitted Collector Requirement:

Section 8.12.175
A Permitted Waste Collector providing residential, commercial or industrial Organic Waste collection service fails to transport Organic Waste to a facility, operation, activity, or property that recovers Organic Waste, as prescribed by this Chapter.

Permitted Collector Requirement:

Section 8.12.175
A Permitted Waste Collector providing residential,
commercial, or industrial Organic Waste collection service fails to obtain approval issued by City to haul Organic Waste as prescribed by this Chapter.

Permitted Collector Requirement:

Section 8.12.175
A Permitted Waste Collector fails to keep a record of the applicable documentation of its approval by City to collect Organic Waste, as prescribed by this Chapter.

Organic Waste Facility Operator
Requirement: Section 8.12.175
An entity fails to respond within 60 days to City’s request for information necessary for organics Recovery capacity
planning. Such information may include available, potential new or expanded capacity at entity’s facility, including information about throughput and permitted capacity.

Self-Hauler Requirement:

Section 8.12.090
A Self-Hauler fails to comply with the requirements of this Chapter, such as failing to source separate Organic Waste or failing to deliver such waste to a facility that will recover it.

Commercial Edible Food Generator
Requirement
Section 8.12.232
Tier One Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food
Recovery Service and comply with this Section commencing Jan. 1, 2022.

3.B
Packet Pg. 229
Commercial Edible Food Generator
Requirement
Section 8.12.232
Tier Two Commercial Edible Food Generator fails to arrange to recover the maximum amount of its Edible Food that would otherwise be disposed by establishing a contract or written agreement with a Food Recovery Organization or Food
Recovery Service and comply with this Section commencing Jan. 1, 2024.

Commercial Edible Food Generator
Requirement
Section 8.12.232
Tier One or Tier Two Commercial Edible Food Generator
intentionally spoils Edible Food that is capable of being recovered by a Food Recovery Organization or Food Recovery Service.

Commercial Business, Commercial
Edible Food Generator, Food
Recovery Organization or Food
Recovery Service
Sections 8.12.232 and 8.12.234
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.

Recordkeeping Requirements for
Commercial Edible Food Generator
Section 8.12.232
Tier One or Tier Two Commercial Edible Food Generator fails to keep records, as prescribed by Section 8.12.232.

Recordkeeping Requirements for
Food Recovery Services and Food
Recovery Organizations
Section 8.12.234
A Food Recovery Organization or Food Recovery Service that has established a contract or written agreement to collect or receive Edible Food directly from a Commercial Edible Food Generator pursuant to 14 CCR Section 18991.3(b) fails to keep records, as prescribed by 8.12.234.
(Ord. 912 §1, 2022)

8.12.260 Violation - Penalty
A. Penalty Amounts
The penalty levels are as follows:

1. First penalty amount shall be $50 per violation.

2. Second penalty amount shall be $100 per violation.

3. Third or subsequent penalty amount shall be $250 per violation.

B. Penalties assessed may be added to the utility bills and collected in the same manner as any unpaid garbage service charges as specified in Section 8.12.220, including discontinuance of service.

C. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.08 of this Code. (Ord. 570 §1, 1997, Ord. 912 §1, 2022)
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section

3.B
Packet Pg. 230
15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.

SECTION 3. NO MANDATORY DUTY OF CARE This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of April, 2023, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk

3.B
Packet Pg. 231
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 04/11/2023
Subject: CMAQ Call for Projects
RECOMMENDED ACTION:

Authorize staff to complete the Congestion Mitigation and Air Quality (CMAQ) Program application for the Solar EV Charging Station Project and a CNG Garbage Truck purchase.

BACKGROUND:

The San Joaquin Council of Governments will be soliciting projects for the CMAQ Program this year. The CMAQ Program is administered through the Federal Highway Administration (FHWA) and was implemented to support surface transportation projects and other related efforts that provide air quality improvements and provide congestion relief.

Through this process, there is approximately $21 million available for eligible projects in San Joaquin County. The City of Ripon has previously received funding through the CMAQ program for a portion of the East Main Traffic Signal Project in 2020, Jack Tone Park and Ride Lot Project in 2014, a portion of the Compressed Natural Gas Refuse Truck purchases in 2017 and 2020, and a portion of the River Road/Fulton Avenue Intersection Improvements.

DISCUSSION/ANALYSIS:

Examples of eligible projects under the program include but are not limited to:
 Transit Vehicle Engine Retrofits and Vehicle Replacements  Street Sweeper and School Bus Engine Retrofits and Vehicle Replacements  Transit Service Improvements
 Traffic Flow Improvements to Relieve Congestion
 Bicycle and Pedestrian Improvements
The Engineering Department evaluated two potential projects that have eligible components under the CMAQ program:

1. Solar EV Charging Station Project

4.A
Packet Pg. 232
This project was selected because solar charging stations have ranked well in past CMAQ cycles. The installation of solar EV charging stations will help enable the City to meet State electric vehicle requirements in the future. The proposed scope of this project is to install ten solar-powered electric vehicle charging stations. Five charging stations will be installed at the City’s Fleet Maintenance Facility, and five charging stations will be installed at City Hall.

2. Purchase of a CNG Garbage Truck.

This project will replace a public works diesel garbage truck with a CNG garbage truck, which would lower air emissions.

There is no minimum to the number of applications that may be submitted. The deadline to submit the CMAQ Grant Application(s) to SJCOG has not been announced yet. This is a competitive grant process where each project is scored based on the California Air Resources Board’s (CARB) Cost Effectiveness Calculation Methodology to determine the project rankings.

The Cost Effectiveness Calculation Methodology is an analysis that determines the air quality benefits of a project. Specifically, projects will be ranked in order of their “CMAQ Dollars per pound of emissions” value.

Staff is seeking direction from Council to submit applications for the Solar EV Charging Station Project and CNG Garbage Truck purchase.

FISCAL IMPACT:

There are no local fund match requirements for the grant. However, a project utilizing local dollars to decrease the amount of federal funds requested will result in a higher score than a project that does not include local match.

The table below identifies the proposed funding for each of the projects considered:

Project Estimated
Cost
Proposed CMAQ
Funding
Proposed Local Match
& Funding Account
Solar EV Charging Station
Project
$500,000 $500,000 (100%) $0
CNG Garbage Truck
purchase
$500,000 $150,000 (30%) $350,000
(Garbage Enterprise
Capital Fund)

4.A
Packet Pg. 233
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 04/11/2023
Subject: Staffing Request
RECOMMENDED ACTION:

Approve and authorize the Police Chief to reimburse up to $5,000 per Police Academy Cadet hire for police academy tuition assistance or other related expenses.

UPDATE SINCE MARCH CITY COUNCIL MEETING:

Staff has surveyed other agencies to get a better understanding of the benefits being offered to police officer cadets. Below is a summary of the benefits provided by nearby agencies:

City of Modesto Police recruits attending a police academy hired as full-time employees paid $25-31 per hour.

City of Stockton Police recruits are paid $5,637 per month while attending a police academy full-time.

City of Tracy Police recruits are paid $6,618 per month while attending a police academy full-time.

City of Lathrop Police recruits are not currently being hired by the City of Lathrop.

City of Manteca Police recruits are provided assistance with academy expenses on a caseby-case basis. Currently there is no cap to academy expenses that may be paid or reimbursed.

Staff discussed potential options with the City Attorney and found that reimbursement contracts and other repayments options by the cadet should they ultimately rescinds his or her acceptance of the Ripon Police Department conditional job offer were unenforceable or unpractical considering case law and industry standards.

BACKGROUND:

Police Departments across the nation are struggling with recruiting and hiring qualified police officer candidates. The Ripon Police Department has experienced these same struggles, as we

4.B
Packet Pg. 234
have seen low police officer applications being submitted for open positions and the quality of police officer candidates generally being below average, resulting in several hiring cycles to end without the hiring of needed staff.

This staffing phenomenon has had and will continue to have negative impacts on the police department and its current staff with prolonged vacancies, increased mandatory overtime, postponed trainings, delayed promotions and special duty assignments, and restricted time off.

The Police Department believes that a program that financially assists the police academy cadet applicant in becoming eligible to hold a police officer position with the agency by graduating from the police academy will reinforce our commitment to the applicant, demonstrate our department philosophy, and validate our efforts in providing for our staff’s physical and emotional wellness.

DISCUSSION/ANALYSIS:

The Police Department is requesting the ability to assist with tuition or other academy related expenses for a police officer cadet applicant that is currently enrolled in a legitimate police academy upon passing all phases of the hiring process and being offered a conditional job offer by this agency pending graduation from the police academy.

Upon the police officer cadet applicant accepting the conditional job offer the Police Chief would have the authority to authorize up to $5,000 in tuition or other academy related costs that would assist the police officer cadet applicant with graduating from the police academy and to be hired by this agency.

The police officer cadet would be required to have check-in conversations with this agency’s FTO Sergeant or his/her designee on dates and times designated by this agency, and may be required to complete other department tasks such as ride-alongs, attend meetings or complete specific trainings. The FTO Sergeant or his/her designee will also have check-in conversations with the police officer cadet applicants Recruit Training Officer at the police academy.

If the City Council approves the reimbursement request, staff will create a reimbursement request form for the associated police academy fees accrued by the cadet after the conditional job offer was accepted.

FISCAL IMPACT:

Up to $5,000 per Police Academy Cadet hire that would be funded through the General Fund.

4.B
Packet Pg. 235
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 04/11/2023
Subject: League of Cal Cities - Response to requests for Letters of Support RECOMMENDED ACTION:

The Legislative Response Committee Members are recommending that the City Council authorize the Mayor to send a letter to the Cal Cities legislative representative requesting the City of Ripon not be included on future correspondence without concurrence from the City Administrator that the City is in support of the Cal Cities position.

BACKGROUND:

The City receives many requests to support or not support a variety of legislation being proposed, some of which will have a direct impact on the City or Ripon residents and/or businesses. These type of requests typically provide a short turnaround time to provide the requested letter of the City’s position on the legislation.

The following summarizes the process staff follows in responding to these requests:
 Determine if the request has an impact on the City government and/or its’ residents and/or businesses. If staff believes the legislation does have a direct impact, typically go on to the next step; if not, no further action.
 Review legislation to determine if providing the requested support or opposition to the legislation is in-line with City Council priorities or previous City Council action. o If staff believes supporting or opposing the legislation is in-line, an email is sent to all Council Members providing information on the proposed legislation and that a letter regarding the City’s position is being prepared for the Mayor’s signature.
o If any Council Member communicates a concern with the letter regarding the City’s position, or if the proposed legislation is not in-line with City Council priorities or previous action, staff does not move forward with preparing a letter

4.C
Packet Pg. 236
stating the City’s position.
 Any Council Member may request that the City’s position on proposed legislation be added to the City Council agenda for discussion/action. The Mayor may direct the Legislative Response Committee review the proposed legislation and provide a recommendation to the City Council.

Recently, Cal Cities sent an email stating the City of Ripon would be included on a letter supporting the Cal Cities position if there was not a response requesting the City be removed from the list of cities supporting their position. The Mayor requested the Legislative Response Committee meet to discuss this approach and how best the City should manage these types of requests.

DISCUSSION/ANALYSIS:

Committee Members met on March 28, 2023 and reviewed the current process of responding to requests for a City position on proposed legislation, and specifically, the Cal Cities recent approach of assuming the City supports their position if something to the contrary is not communicated.

Committee Members are concerned that because of the short turnaround time of reviewing these requests from Cal Cities that there may be a time the City of Ripon is included as supporting the Cal Cities position without staff having an opportunity to go through the City’s process.

Therefore, the Legislative Response Committee Members are recommending that the City Council authorize the Mayor to send a letter to the Cal Cities legislative representative requesting the City of Ripon not be included on future correspondence unless they receive concurrence from the City Administrator that the City is in support of the Cal Cities position.

FISCAL IMPACT:

No fiscal impact.

4.C
Packet Pg. 237

Ripon City CouncilApril 11, 2023

Ripon City Council
April 11, 2023