Ripon City Council Minutes
TUESDAY, APRIL 11, 2023 – 6:00 PM
REGULAR MEETING
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:04 PM with Mayor Restuccia leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Brett Dood gave the invocation.
ROLL CALL:
Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Absent
Gary Barton Council Member Present
Dean Uecker Council Member Present
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Associate Civil Engineer Christiana Giedd, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Steven Verver, Kelly Donohue.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council Meeting of March 14, 2023.
RESULT: ADOPTED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, Barton, Uecker
AWAY: de Graaf
1. CITY COUNCIL - REGULAR MEETING - MAR 14, 2023 6:00 PM City Council Page 2 April 11, 2023
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Mayor Restuccia requested Item 1.4C be pulled from the Consent Calendar for discussion.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, Barton, Uecker
AWAY: de Graaf
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, Barton, Uecker
AWAY: de Graaf
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(March 2022 $249,212.20)
FY 2022-23 YTD: $3,487,377
FY 2021-22 YTD: $3,346,400
Highway Users Tax
(February 2022 $29,759.05)
FY 2022-23 YTD: $284,379
FY 2021-22 YTD: $264,990
SB1 Street & Road Tax
(March 2022 $25,274.30)
FY 2022-23 YTD: $261,635
FY 2021-22 YTD: $242,474
$277,588.30
$33,101.84
$28,362.40
TOTAL $339,052.54
B. STATE OF CALIFORNIA
Vehicle License Fee FY 2021-22 Excess Funds
FY 2020-21: $18,821.20
$16,378.93
C. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
March 2023 $1,271.90
City Council Page 3 April 11, 2023
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment – February 2023 $9,393.59
1.2. Bills, Invoices, Payments
A. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2022-2023 4th Quarter Deposits
Liability Program
Workers’ Compensation Program
$90,519.00
$139,987.00
TOTAL $230,506.00
B. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Padilla Accessory Dwelling Unit
Private Development
$10,068.75
$4,471.00
$2,950.00
$2,363.75
TOTAL $19,853.50
C. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $11,550.00
D. LIEBERT CASSIDY WHITMORE
Professional Services
Invoice # 230298 $320.00
E. KEESEY DESIGN
Design/Graphic Services for the 122 N. Elm-Townhouse
Concept Project - Phase 2 $5,610.00
F. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
February Invoice #AR113488 $1,500.14
G. LDA
Corporation Yard Construction Services
Progress Payment – Invoice #22/622-03-20 $12,000.00
H. SORACCO, INC.
Well 19 Pump Station Project
Progress Payment – Invoice #16 $74,641.50
I. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #28126 $810.00
J. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #1 $477,400.27
City Council Page 4 April 11, 2023
K. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility
Materials Testing & Inspection Services
Progress Payment
Invoice #TJ07187
Invoice #TJ11593
$641.00
$771.00
TOTAL: $1,412.00
1.3. Resolutions
A. RESOLUTION NO. 23-14
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING THE CITY'S
ALCOHOL AND DRUG USE
POLICY
This resolution amends the City of
Ripon’s Alcohol and Drug Use Policy to
comply with current laws.
B. RESOLUTION NO. 23-15
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE SAN JOAQUIN
COUNCIL OF GOVERNMENTS’
ANNUAL FINANCIAL PLAN FOR
FISCAL YEAR 2023-2024
ADOPTED BY THE COG BOARD
ON MARCH 23, 2023
This resolution accepts the San Joaquin
Council of Governments’ annual
financial plan that describes the proposed
transportation planning activities for
fiscal year 2023-2024.
C. RESOLUTION NO. 23-16
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE ZERO-EMISSION
BUS ROLLOUT PLAN
This resolution accepts the ZeroEmission Bus Rollout Plan which will serve as a guideline for the City to
transition to a zero emission transit
agency in a manner consistent with
California Air Resources Board
requirements.
City Council Page 5 April 11, 2023
1.4. Miscellaneous Items
A. PROJECT IMPROVEMENT AGREEMENT
Liberty Self Storage Facility Approve and authorize the Mayor to sign the Project Improvement
Agreement between the City of Ripon
and Liberty Self Storage LP required for
the development of the Liberty Self
Storage Facility proposed to be located
on Fourth Street in the undeveloped
parcel next to Guntert Steel.
B. REQUEST FOR PROPOSALS - CITY'S 6TH CYCLE HOUSING ELEMENT City of Ripon Planning Department Authorize staff to issue a Request for Proposals to contract a planning
consultant to prepare the City of Ripon’s
6 th Cycle Housing Element update.
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. REIMBURSEMENT AGREEMENT
Noosa Energy Storage Approve and authorize the Mayor to sign the Noosa Battery Storage
Reimbursement Agreement that
provides reimbursement for staff time to
respond to an extension request for a
previously approved application for a
battery energy storage project located at
1302 Frontage Road (near the City of
Ripon Park and Ride lot).
E. GENERAL SERVICES AGREEMENT
Conti LLC Approve and authorize the Mayor to
sign the agreement with Conti LLC to
furnish and install complete audio/visual
and control systems in the Council
Chambers in the not to exceed amount
of $51,110 (funding source: General
Department Capital Fund ).
City Council Page 6 April 11, 2023
ITEMS PULLED FROM CONSENT
1.4C : EQUIPMENT DONATION
Ripon Police Department 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.
Mayor Restuccia said he wanted to thank Rick and Valerie Van Unen for their donation of training mats to the Police Department.
Restuccia asked who is paying for the $400 logo charge. Chief Ormonde said it would be absorbed through the Police Department budget. Restuccia said he would like to donate the cost of adding the logo to the mats.
Motion made to approve Item 1.4C accepting the donation from Rick and Valerie Van Unen for the training mats and the donation from Mike Restuccia of $400 to add the police officer badge logo to the mats.
RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, Barton, Uecker
AWAY: de Graaf
**END OF CONSENT CALENDAR**
2. RESOLUTIONS
A. RESOLUTION NO. 23-17
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING MANDATORY WATER
CONSERVATION MEASURES
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.
Director of Public Works Pease said this is in response to Executive Order #N-5-23 eliminating certain watering restrictions throughout the State. He said that there is much in the Order, but there are only a few items that pertain to the City. In July 2022, the City issued a resolution in response to another Executive Order from the Governor mandating cities move to the next restrictive level in their water management contingency plans. Pease said this moved the City to a two day a week watering schedule. The new Executive Order allows the City to lift the 20% mandated water usage decrease allowing the City to go back to a three day a week watering schedule and allow the use of decorative fountains. He said a minor change included how long people have to fix a leak moving from 24 hours to 48 hours.
City Council Page 7 April 11, 2023
Pease said if the resolution is approved, staff will send a Nixle to residents, update the website, change the signs and send out postcards to inform residents of the watering schedule change.
Vice Mayor Zuber said he noticed summer watering is going back to three days but questioned why winter watering will stay at one day. Pease said we are at Stage 3 in our Water Contingency Plan, and the Executive Order allows us to move to our Stage 2, which includes one watering day in the winter and three watering days in the summer.
Zuber asked if the numbers in the Executive Order are based on the Governor’s numbers or are the numbers a decision we make on our own. City Administrator Werner said the City usually receives guidance to clarify the Executive Order from the State Water Board, but staff has not received guidance yet.
Council Member Barton said the City has been under Governor ordered drought policies since 2018 and the current order was an additional cut to the amount of water that cities were allowed to use.
Motion to approve Resolution 23-17 ordering mandatory water conservation measures.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, Barton, Uecker
ABSENT: de Graaf
3. ORDINANCES
First Reading and Introduction
A. 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
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.
Planning Director Zuidervaart said this is the first reading and introduction of the ordinance pertaining to special events permits. He said staff did some general clean up and added additional language to mimic the original intent of the chapter.
Vice Mayor Zuber asked what generated the interest to change this particular ordinance.
Zuidervaart said some special events consume quite a bit of staff time and the City does not have the personnel to process and manage the events, which are typically on the weekends.
He said these events do require oversight to ensure they are following the rules and regulations.
City Council Page 8 April 11, 2023
Zuber asked if the City could generate a fee structure to cover the costs.
Zuidervaart said staff could look into that, but typically the for-profit events go into fully developed, paved fairground type venues with storm drainage and restrooms and we do not have that type of venue. He said over the past years, there have been some issues including excessive rain, storm water and fixing the field before Almond Blossom. He said trying to manage the events throughout the weekend when events do not follow the rules and regulations they agreed to, requires oversight that the City cannot provide without a fee structure in place.
Mayor Restuccia said that particular event was moved to the County this year. Zuidervaart clarified that it was still in City limits.
Council Member Barton said he thought this was primarily a response to that event.
Zuidervaart said there are also events that could come to the City and place the City in the same situation including flea markets, rummage sales and gun sales, and Ripon does not have the facilities to host those types of events. Hosting those events on undeveloped properties poses some issues for the City. For example, when a development project comes to town they are required to install construction entrances so they are not tracking dirt from the site. He said there is a lot more to putting these events on besides just issuing a permit.
Zuber asked if these events are able to be held on private property. Zuidervaart said no, the ordinance has been restructured to be closer to the original intent which was for local Ripon businesses and non-profits to be able to host events in town. He said the Farmer’s Market and Main Street Day are great examples of what the Special Events permit was intended for.
Zuber asked if a private professional business could come to town and use a private facility and charge entrance fees. Zuidervaart said that would not fall under the permit as it is structured
Council Member Uecker asked if the City charges a fee for that. Zuidervaart said no.
Zuber said this is basically designed to keep out of town businesses from hosting special events in the City of Ripon.
City Administrator Werner said the City would not have a role if a private professional business came to town and used a private facility.
Zuber asked if a private professional business would be able to host an event at Stouffer Park. Werner said that would not be a special event permit, it would be a park rental. He said Stouffer Park is a fully developed park intended to host events.
Zuber asked if this keeps somebody who owns 40 acres in town from constructing a space and hosting a for-profit event. Werner said they would need to go through the development process in order to do that.
Restuccia asked what this eliminates. Zuidervaart said it eliminates a for-profit business City Council Page 9 April 11, 2023
coming to town, renting vacant undeveloped land in town and hosting a special event forprofit, expending City resources for a very small amount.
Barton asked why the City could not charge a fee that truly reflects the cost to the City.
Zuidervaart said this is a policy decision by the Council of whether Council wants staff to manage and host events on undeveloped property, a task that consumes a lot of staff time. He said a good example is the last event where a for-profit business rented private property, developed a parking plan and on the day of the event people were parking across the street resulting in pedestrians crossing in unsafe conditions. He said the people having the event should be managing these issues but they do not.
Zuber asked if a Ripon business could do it if they wanted to. Zuidervaart said they would not be able to have the event on undeveloped property.
Werner said they are working towards the City and municipal land having the same rules as private landowners. Private property owners could not have an event like this without it being developed property. Werner said the City should fall under the same rules.
Council Member de Graaf joined the meeting.
Zuber said conceivably, there could be an event on developed property where people are parking where they should not park, walking where they should not and behaving in ways they should not.
Werner said the Farmer’s Market is a good example of this being done right because they do not have enough onsite parking for the event, but they have worked with the ACE shopping center to provide the parking. This Ordinance allows the City the opportunity to put conditions on the special events ensuring they comply with the rules.
Zuber asked why they could not put conditions on both of them. The only difference is one piece of property is developed and one is undeveloped. He questioned how the fact that it is undeveloped keeps the City from setting conditions. Werner said one part is a policy of the Council and whether a for-profit company can come in and develop properties that are not intended for such use. He gave the example of the ACE shopping center hosting a flea market in their parking lot and whether the City wants to allow that.
Zuidervaart said there is a section in the Ordinance that states all events have to be on developed properties. Zuber said the issue for him is whether they are going to force people in town to have all their events on developed property and it gives him concern. Especially because they are talking about one event a year. He said he would rather see this Ordinance redone to somehow get a handle on what we are going to do about the one incident instead of just shutting it down.
Zuidervaart said this is also a benefit for Ripon businesses and non-profits. He said the City does not charge a high enough fee to really cover our costs but they are not big issues. He asked if we are trying to structure a fee to recoup the costs, then do we pass along the costs to the business owners too.
City Council Page 10 April 11, 2023
City Attorney Terpstra said the concerns with undeveloped land include the absence of driveway access and if it has rained then mud is tracked all over the road.
Zuber said that Almond Blossom is an example of that happening. Terpstra said they have it marked off where to pull in and people directing parking. Zuber said he can see the argument being extended to include the Almond Blossom not being allowed to use that lot for parking.
Werner said the Almond Blossom festival is an exception written into the Ripon Municipal Code and they use the entire facility, have ADA access, bathrooms and parking directions.
Werner said if the event is hosted completely on undeveloped property, they do not have those items.
Zuber said those are requirements that the other people should be following before they are given a permit.
Council Member de Graaf said he understands the idea behind Ripon businesses and nonprofits but there is the concept of what benefits the community. There is the idea of allowing some events, including the auction, because there is a great amount of money that comes back to the Ripon 4-H and FFA programs through donations from that event.
Barton said this is an opportunity for Ripon to have something that is different for the developed property and undeveloped land and design a set of regulations and fees around the undeveloped part that would make it work for the City. He said just because it is a for-profit business does not mean they do not provide a benefit to the City. He said he is not advocating for a flea market.
Terpstra said that makes it difficult for staff, they have to ask who is going to compete with businesses in town. He provided the example of a for-profit RV dealership deciding to host an RV show in town and questioned how that is fair to the RV dealership in town who spent the time and money to properly develop the land and follow regulations. Restuccia said they could still do it on developed property. Werner said only if they were a local business.
Zuber said he would like staff to bring back a better picture of what the extra effort and cost looks like and what specific problems are seen and how we can mitigate the problems.
Second Reading and Adoption
B. 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
This amendment to Chapter 8.12 Garbage
Collection and Disposal to the Ripon
Municipal Code includes clarification of
permitted hauler business operations,
customer monthly rates, and the penalty
structure.
City Council Page 11 April 11, 2023
Director of Public Works Pease said this is the second reading and adoption of Ordinance 920 and there were no changes from the first reading to second reading.
Motion to waive the second reading and adopt Ordinance 920 amending Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code providing clarification to assist in the implementation of the City solid waste and recycling programs.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
Council Member Zuber asked when the City of Ripon will move towards the requirements for SB 1383. He said he is starting to read about surrounding cities making plans for the changes that are coming.
Director of Public Works Pease said they are looking at the end of July. He said staff is working on a revised cost analysis because they have more detailed information from the different organizations that are willing to accept these types of materials. Staff would like to come back to Council and present the different options for the City of Ripon to be compliant with CalRecycle’s requirements and CalRecycle is aware of where the City is at in the process.
4. DISCUSSION ITEMS
A. CONGESTION MITIGATION AND AIR QUALITY PROGRAM CALL FOR
PROJECTS
Discussion/Action Authorize staff to complete the Congestion Mitigation and Air Quality Program
application for the Solar EV Charging
Station Project and a CNG Garbage Truck
purchase.
Associate Civil Engineer Giedd said the Congestion Mitigation and Air Quality Program call for projects was just released on Friday and is intended to help improve our air quality. There is a limited type of qualifying project and she provided examples including replacing gas or diesel sweepers, garbage trucks and buses. She continued saying other examples include transit service and traffic flow improvements. Giedd said this is a competitive program so the City’s application will be up against other cities in the County that qualify. She said the projects are evaluated by cost effectiveness and how effective it is at reducing pollutants in the air. She looked into past projects that have done well and based on those projects she is recommending the projects include the construction of an electric vehicle charging station and the purchase of a CNG Garbage truck. She is recommending they only ask for 30% funding for the garbage truck because she does not believe it will score very well. She said is trying to look ahead at what the City might need when applying for funds.
City Council Page 12 April 11, 2023
Mayor Restuccia asked who does the scoring. Giedd explained that the project is selfscored based on criteria from San Joaquin Council of Governments.
Council Member Uecker asked what the cost of the garbage truck is. Giedd said staff estimates $500,000 for a new CNG garbage truck.
Restuccia asked what the cost of a regular truck is and Director of Public Works Pease said we already use CNG garbage trucks so those are our normal garbage trucks. He said that is the normal cost at this time.
Council Member Zuber asked if the electric vehicle charging station is just for City vehicles and Giedd confirmed.
Restuccia asked where they would be located and Giedd said they would be at City Hall and the new Corporation Yard.
Motion made to authorize staff to complete the Congestion Mitigation and Air Quality Program application for the Solar EV Charging Station Project and a CNG Garbage Truck purchase.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
B. POLICE ACADEMY CADET REIMBURSEMENT
Discussion/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.
Chief Ormonde said this item is a staffing request to approve and authorize the Police Chief to reimburse up to $5,000 per police academy cadet hire for police academy tuition assistance and other police academy related expenses. He said they reached out to other agencies to get an idea of what is being offered to police academy cadets and those are included in the staff report. Ormonde said staff has discussed potential options with the City Attorney and found that reimbursement agreements and other repayment options were difficult to reinforce and not typical in the industry.
Council Member Uecker said he agreed with the recommended action.
Mayor Restuccia said in his experience people have to stay for a set amount time. He said the San Joaquin Regional Transit District has a reimbursement agreement with their mechanics. He said these are taxpayer dollars and the City has to be able to earn back the money they have invested if the officer leaves right away. He said employment contracts are easy to put together and easy to enforce and can be done. He said there needs to be a City Council Page 13 April 11, 2023
time commitment.
Vice Mayor Zuber said the amounts given are varied depending on how far they are in their training as opposed to a set amount; he would prefer giving a set amount instead of spending a lot of time figuring out the amount. Restuccia said he agreed with Zuber and asked how much it costs to finish the Police Academy. Ormonde said it can vary depending on where they are in the academy when offered a conditional job offer.
Barton said he agrees with the idea that they need to pay it off and asked if this ties the Police Department's hands when it comes to letting go of a bad hire. Ormonde said there might be some fallout from an employee that does not want to stay. He said the Department is still required to train the staff member and deal with the ineffectiveness of an employee who does not want to be there. He said he does not know if it would open them up to liability contestations.
Restuccia said he was suggesting a 90-day period because this is taxpayer money.
Zuber said there are several cities offering signing bonus and asked if they are requiring payoff. Ormonde said it varies. Zuber said the Department does a great job with hiring people and if they need this, he would like to help them.
Werner proposed a scenario in which someone realizes within 60 days that they do not want to be a police officer, the City would like to have that conversation as early as possible rather than getting them through a period of time so they can pay back the money, meanwhile the City has invested time and resources into that person. He would rather be able to go hire a new employee.
Werner asked Council to clarify that they are talking about an employee that has already accepted a conditional offer of employment and while they are attending the academy, we are able to reimburse expenses for that employee up to $5,000.
Barton asked Ormonde what the commitment period should be. Ormonde said he believes it should a six-month period. Council Member de Graaf said there needs to be a time commitment in order for the City to give them money. Zuber said there is nothing that says the Council cannot revaluate this if they find this does not work.
Motion to implement a $5,000 reimbursement for applicants that are involved with the police academy at the time of employment offer and in order to retain the $5,000 they must be employed by the City of Ripon for at least six months effective April 4, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
City Council Page 14 April 11, 2023
C. LEAGUE OF CAL CITIES - RESPONSE TO REQUESTS FOR LETTERS OF
SUPPORT
Discussion/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.
City Administrator Werner said the City receives several requests for letters of support from different entities with short turnaround times. He said staff will send the letters to Council and if one of the Council Members has any concerns, the item is put on the agenda for discussion. He said there was a scenario recently from Cal Cities where the City received a notice from Cal Cities regarding a letter that was to be sent and all cities would be included as signers unless the City responded with a letter asking that they be removed.
Mayor Restuccia said there are many times Cal Cities sends letters that the Council does not agree with and he would rather not be included in a letter he supported as opposed to be included in a letter he does not support. The Council agreed with Restuccia.
Council gave direction to staff 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.
REPORTS
Department Heads:
Chief Ormonde said he wanted to thank the First Responder Appreciation Board for their work on the First Responder Appreciation Day event. He also wanted to thank the community members that continue to support them.
Mayor Restuccia said there were about 250 people at the First Responder Appreciation Day and thanked everyone who attended.
Ormonde said there will be an introduction, swearing in and promotion ceremony for three of their employees on April 12, 2023 at 1:00 PM in the City Council Chambers.
Director of Public Works Pease said water usage for March was down 50% from 2013 and 45% from 2022.
City Council Page 15 April 11, 2023
Pease said the Large Item Pick-Up Program started on April 1 and runs through September. He said residents can go online to fill out the form.
Vice Mayor Zuber asked if people are allowed to put out brush to be picked up. Pease said brush is not included in the Large Item Pick-Up Program and the resident would need to call and schedule a brush pick-up for a cost.
City Council:
Council Member Barton said he wanted to thank organizers of the First Responder Appreciation Day and he really enjoyed the event.
Council Member de Graaf said he wanted to thank the member of the public and press for attending the meeting.
Restuccia said there has been some concern from people regarding the FBI and raids. He said he spoke to the local FBI office about an agent attending a Government Relations Committee (GRC) meeting. They are not available on Fridays, so the Chamber of Commerce has agreed to move the next GRC meeting to Wednesday, April 26 at 12:00 PM at the Fire Department.
There being no further business, the meeting was adjourned at 7:03 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, MARCH 14, 2023 – 6:00 PM
REGULAR MEETING
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Stephen Meece leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Chris Williams gave the invocation.
ROLL CALL:
Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Steven Verver, Kelly Donohue.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council Meeting of February 14, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1. CITY COUNCIL - REGULAR MEETING - FEB 14, 2023 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Vice Mayor Zuber requested Items 1.3B, 1.4D, and 1.4G be pulled from the Consent Calendar for discussion.
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 2 March 14, 2023
Mayor Restuccia requested Item 1.2F be pulled from the Consent Calendar for discussion.
City Administrator Werner requested Item 1.4E be pulled from the Consent Calendar and tabled to a future meeting.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Dean Uecker, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(February 2022 $640,278.32)
FY 2022-23 YTD: $3,209,789
FY 2021-22 YTD: $3,097,188
Highway Users Tax
(January 2022 $28,523.45)
FY 2022-23 YTD: $251,277
FY 2021-22 YTD: $235,231
SB1 Street & Road Tax
(February 2022 $25,255.95)
FY 2022-23 YTD: $233,273
FY 2021-22 YTD: $217,200
$519,073.58
$31,142.18
$29,260.28
TOTAL $579,476.04
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
January 2023
February 2023
$1,212.72
$1,271.90
TOTAL $2,484.62
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – January 2023 $4,879.15
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 3 March 14, 2023
D. MODESTO IRRIGATION DISTRICT
Annual Franchise Fee Payment - 2022 $129,185.34
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Padilla Accessory Dwelling Unit
$10,620.00
$1,843.75
$3,466.25
TOTAL $15,930.00
B. PRICE PAIGE & COMPANY
Audit Services
Final Payment – Invoice #30140 $3,523.00
C. LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES FOR CENTRAL
VALLEY DIVISION
2022 Membership Dues for Central Valley Division $156.67 D. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
4th Quarter 2022 - Invoice #Ripon 22Q4 $5,126.32
E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
January Invoice #AR113442 $1,631.98
F. ITEM F WAS MOVED TO ITEMS PULLED FROM CONSENT
G. US BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $19,785.65
H. US BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $90,794.60 I. SORACCO, INC.
Well 19 Pump Station Project
Progress Payment – Invoice #15 $35,112.58
J. KEESEY DESIGN
Design/Graphic Services for the 122 N. Elm-Townhouse
Concept Project - Phase 1 Completion $5,775.00
K. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
4th Quarter 2022 - Invoice #2045909 $4,581.00
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 4 March 14, 2023
L. WGR SOUTHWEST, INC.
City Storm Water Permit Assistance
Progress Payment – Invoice #27997 $1,620.00
M. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #56442 $4,375.00
N. LDA
Corporation Yard Construction Services
Progress Payment – Invoice #21/622-03-20 $6,000.00
1.3. Resolutions
A. RESOLUTION NO. 23-12
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE 2023 RIPON
SEWER SYSTEM MANAGEMENT
PLAN UPDATE
This resolution adopts the 2023 Ripon
Sewer System Management Plan Update.
This provides the work plan for
managing the sanitary sewer in a manner
consistent with the State Water Resource
Control Board requirements.
B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
1.4. Miscellaneous Items
A. PRICE PAIGE & COMPANY
Engagement Letters
Annual Audits
Approve and authorize the Mayor and
City Administrator to sign the
engagement letters with Price Paige &
Company to perform the annual audits
of the City of Ripon Financial
Statements and the Money Purchase
Thrift Pension Plan for the year ending
June 30, 2023 in the amount of
$59,580.00.
B. PROPOSAL FOR LEADERSHIP 201 COURSE
GR Martin
Learning and Development Solutions
Approve and authorize staff to move
forward with the Leadership 201 course
with GR Martin Learning and
Development Solutions in the not to
exceed amount of $22,230 for up to ten
(10) City employees.
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 5 March 14, 2023
C. PROFESSIONAL SERVICES AGREEMENT
Resourceability Approve and authorize the Mayor to
sign the Professional Services
Agreement with Resourceability in the
not to exceed amount of $10,000 to
assist in complying with current and
future Cal Recycle regulatory
requirements (funding source: Garbage
Enterprise Operating Fund).
D. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.
Change Order No. 1
Approve Change Order No. 1 in the not
to exceed amount of $288,622 for
raising the elevation of the existing
berm at the Wastewater Treatment Plant
disposal ponds in order to provide
additional storage capacity (funding
source: Sewer Capital Enterprise Fund).
G. ITEM G WAS MOVED TO ITEMS PULLED FROM CONSENT
H. PYRETHROID MANAGEMENT PLAN - APPENDIX B UPDATE
Regional Water Quality Control Board Approve the amended Appendix B:
Integrated Pest Management Policy and
Procedures of the Pyrethroid
Management Plan and authorize staff to
submit it to the Regional Water Quality
Control Board.
I. CLAIM
Anthony King Deny the claim filed by Anthony King.
J. CLAIMS
Pamela Denise Tipton, Aviana Elise
Gallardo by Pamela Denise Tipton as
her guardian, and Sadielynn Denicia
Gallardo by Pamela Denise Tipton as
her guardian.
Deny the claims filed by Pamela Denise
Tipton, Aviana Elise Gallardo by
Pamela Denise Tipton as her guardian,
and Sadielynn Denicia Gallardo by
Pamela Denise Tipton as her guardian.
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 6 March 14, 2023
ITEMS PULLED FROM CONSENT
1.2F : BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees – Invoice #1615867 $48,477.02 Mayor Restuccia wished to recuse himself from the vote because he is a paid elected director for the Bank of Stockton.
Mayor Restuccia left the meeting.
Motion to approve Item 1.2F Bank of Stockton Invoice.
RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Zuber, de Graaf, Barton, Uecker
ABSTAIN: Restuccia
Mayor Restuccia returned to the meeting.
RESOLUTION NO. 23-13
1.3B : A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
CERTIFYING THE APPOINTMENT TO
AND SETTING THE TERM FOR
VACANCY ON THE PLANNING
COMMISSION
This resolution approves appointing Jeff
Veilleux (currently serving as alternate) to
Seat No. 5 on the Planning Commission
and Steve Verver to Seat No. 6 as an
alternate on the Planning Commission.
Vice Mayor Zuber said that while he does not have issue with the results of this item, he said it did not follow the process outlined in the Ripon Municipal Code (RMC) and that if there is a process, it needs to be followed. He said if Council finds that the process does not work, then it needs to be changed.
Council Member Barton asked if he was referring to the movement of the alternate position to a voting position as well. Zuber said he is talking about both appointments.
City Attorney Terpstra said the RMC does not address movement within the Commission and said staff agrees that the ordinance needs to be updated. He said Council does not have to make a decision on this item today, but he believes it is okay to approve this item.
Zuber said Ripon is a great place to live because decisions are thought through, but he does not believe this was one of them. He said we need to make sure there is a process and that the process is followed.
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 7 March 14, 2023
Motion to approve Resolution 23-13 approving the appointment of Jeff Veilleux to Seat No. 5 on the Planning Commission and Steve Verver to Seat No. 6 as an alternate on the Planning Commission.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1.4D : ASPHALT REPAIR CONTRACT
Tom Mayo Construction, Inc. Approve and authorize the Mayor to sign the contract with Tom Mayo Construction,
Inc. in the not to exceed amount of
$40,000 to repair asphalt in various
locations throughout the City where
excavations have occurred to make repairs
to City underground utilities and potholes
(funding source: Water & Sewer
Enterprise Capital Funds and the Street
and Road Operating Fund).
Vice Mayor Zuber said the staff report is not consistent with the contract in respect to the mention of the project being completed in 40 days and asked for clarification as to whether this is a requirement or not.
Director of Public Works Pease said there are a number of jobs to be done within the contract and most of them are 3-4 days in length. He said they are hoping to squeeze these jobs into short breaks of good weather and believes the 40 days is doable.
Motion to approve Item 1.4D Asphalt Repair Contract.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1.4E : LIBERTY SELF STORAGE FACILITY PIA
Liberty Self Storage Facility Approve and authorize the Mayor to sign the Project Improvement Agreement
between the City of Ripon and Liberty Self
Storage LP required for the development
of the Liberty Self Storage Facility
proposed to be located on Fourth Street in
the undeveloped parcel next to Guntert
Steel.
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 8 March 14, 2023
This item was tabled to a future meeting.
RESULT: TABLED Next: 4/11/2023 6:00 PM
1.4G : DESIGNATION OF SURPLUS EQUIPMENT
City of Ripon Police Department Declare the listed Police Department equipment be designated as surplus and
authorize the equipment to be sold
utilizing a bidding process in accordance
with the Ripon Municipal Code and State
law.
Vice Mayor Zuber asked if Council is approving the sale of items that have already been sold. Police Chief Ormonde clarified that staff had received a bid for the items but the sale is contingent on Council’s approval. Zuber said that in the future he would prefer the item come before Council for approval before the request for bids goes out.
Motion to approve Item 1.4G Designation of Surplus Equipment.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
**END OF CONSENT CALENDAR**
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS
Fiscal Year 2023-2024 A public hearing to provide residents the opportunity to hear recommendations on
proposed projects and provide comments
to the City Council.
Recommended Action: Approve the
recommended 2023-2024 CDBG and
HOME Program funding allocations and
direct staff to process the necessary
documentation with San Joaquin County to
facilitate this grant program.
Planning Director Zuidervaart said this is the annual public hearing for allocation of Community Development Block Grant (CDBG) and HOME funds. Staff is recommending allocating the majority of the funds to the Senior Center Retrofit Project.
He said the shade structure was ordered and once staff receives a delivery date, the 1 Packet Pg. 23
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project will go out to bid. Zuidervaart said staff will come back to Council to allocate the remaining funds to another project.
Zuidervaart said staff received project applications for Bethany Home's Meals on Wheels and a few from the County. Staff is recommending funding most of them.
Zuidervaart said the HOME funds have been set aside in an account used to fund the lowincome down payment assistance program. He said there have not been many people using the program in Ripon; the City is working with the County to reallocate the funds.
Some of the ideas include affordable housing projects or rehabs versus just down payment assistance.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve the recommended 2023-2024 CDBG and HOME Programs funding allocations and direct staff to process the necessary documentation with San Joaquin County to facilitate this grant program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
3. ORDINANCES
Second Reading and Adoption
A. 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
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.
Director of Public Works Pease said Chapter 8.12 was amended in June 2022 to included changes mandated by SB1383. He said staff has identified areas in Chapter 8.12 that are inconsistent with the rest of the Ripon Municipal Code (RMC) so staff updated Chapter 8.12 to be consistent and to help with the implementation of SB1383 and organic recycling. 1 Packet Pg. 24
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Pease said notable changes include the consolidation of permitted commercial and industrial haulers to eliminate redundancy. He said additional changes were made regarding monthly rates and charges along with the advanced payment discount to align with our water and sewer rates structures and practices already in place. Pease said staff added a section to identify terms of suspension to include temporary interruption of garbage collection service.
He said staff also separated the violation and penalty section to be aligned with other sections of the RMC.
Mayor Restuccia asked if the 5% discount for annual prepayment will still be offered. City Attorney Terpstra said there are a minimal number of customers who utilize the prepayment option.
Motion made to waive the first reading and introduce Ordinance 920 amending Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code providing clarification to assist in the implementation of the City solid waste and recycling programs.
RESULT: FIRST READING [UNANIMOUS] Next: 4/11/2023 6:00 PM MOVER: Leo Zuber, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
4. DISCUSSION ITEMS
A. POLICE ACADEMY CADET REIMBURSEMENT
Discussion/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
and work with the City Attorney to create
a reimbursement request form.
Police Chief Ormonde said staff is looking for Council to 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 and work with the City Attorney to create a reimbursement process.
Council Member Uecker asked what this is specifically used for. Ormonde outlined the Police Department’s hiring process and said once the applicant has received a conditional job offer, the department is sometime waiting for them to graduate and they incur additional expenses in that time period. He said he feels that if the applicant has accepted the conditional job offer, they have chosen us over other organizations and this is something that lets them know we are as invested in them as they are in us.
Mayor Restuccia said in the corporate world, if someone leaves before a set amount of time, they have to pay back the money and he would like to see something similar in this 1 Packet Pg. 25
Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 11 March 14, 2023
situation. Ormonde said there has been discussion around this thought. City Attorney Terpstra said staff will bring back some ideas for Council to consider.
Ormonde said staff considered other ideas such as hiring cadets while still in training but would prefer to go this route due to potential risks of hiring cadets.
Vice Mayor Zuber confirmed this would only apply to cadets that have not graduated yet, but have passed all other hiring requirements. Ormonde concurred and said the department has a potential candidate now that has four weeks left of school and this could be used to help him with the additional costs he will incur over the next four weeks.
Zuber asked how many of our current officers would have been eligible for this.
Ormonde said about half. Restuccia said that includes those that left within a year.
Council Member Barton asked if we ever lose candidates due to other organizations offering signing bonuses. Ormonde said he is not aware of any, but if money is the applicant’s top priority, then they may not belong in our agency.
Restuccia reiterated that he believes the money needs to be reimbursed if the person leaves within a specific amount of time.
Ormonde said that during the hiring process, the applicant is required to go on ridealongs, and interact with the staff so they can make an educated decision about whether they want to work for this agency or not.
Restuccia asked when they would receive the money. Zuber said they would be allowed to request reimbursement for costs incurred after they had accepted the conditional offer of employment.
Council agreed to proceed and work out the details as staff brings information forward.
REPORTS
Department Heads:
Planning Director Zuidervaart said there will not be a Planning Commission meeting in March.
Zuidervaart said Phase 1 of the affordable housing project was approved and the architect will be moving into Phase 2 and completing elevations for Council to approve.
Director of Public Works Pease said February water usage was down 23% from 2013 numbers and 23% from last year’s number.
City Administrator Werner presented an updated list of engineering projects to Council. He said Well 19 has power and will be tested and started this month. 1 Packet Pg. 26
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Werner said the fleet maintenance facility project has started. He said the excess dirt that is being removed from the building site is going to be used to build up the berms around the wastewater ponds.
Werner said the next project to go out to bid will be a street maintenance project in the Madsen area.
Werner said Recreation Director Stevens will be setting up a meeting to discuss the scope of the project at the Community Center and baseball fields.
Werner said staff is working on a new website that will act as a virtual city hall while providing relevant news and the new site will include an education component for citizens. He said staff is hoping to have this completed by July. Mayor Restuccia said our current website is not userfriendly.
City Council:
Council Member Barton asked Werner for an update on the Council Chamber’s audiovisual system. Werner said staff would be visiting the San Joaquin County Chambers on Wednesday, March 15, to get a better understanding of what we may need to do to update our outdated technology.
Council Member de Graaf said staff might want to contact South San Joaquin Irrigation District because they just redid their system.
Barton said he wanted to thank the Chamber of Commerce staff for a challenging, but wonderful Almond Blossom Festival.
de Graaf said he wanted to thank those who attended the meeting and those who are listening online.
Council Member Uecker said the American Legion is having their annual Brewfest and raffle on April 1, 2023.
Restuccia said First Responders Appreciation day is on April 1, 2023 and will begin at 8:30 AM at the Ripon Police Department.
Restuccia said on President’s Day he saw the abundance of flags out and it reminded him of how proud he is of the City. He said it made him wonder why we do not keep the flags up all the time and the VFW commander said that they feel it discounts the days when they put up all the flags.
Restuccia said he would like to discuss the idea of having more flags put out around the City and still put all the flags out on the special days.
Uecker said if you leave the flags out all year there will be more expense due to the wear from weather. Restuccia said the VFW would take care of the expenses. Uecker said they would have to be lit at night.
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes) City Council Page 13 March 14, 2023
Barton said he likes Restuccia’s idea but he agrees with the VFW in that it would cheapen the days that all the flags are out. Vice Mayor Zuber said he agrees with Barton. He is willing to look at the idea, but he hates to take away from the special days because those days are important to a lot of people in this country. He said he is worried this could create an unanticipated set of circumstances or reactions.
Restuccia said he will bring the item back as a discussion item.
There being no further business, the meeting was adjourned at 6:44 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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Minutes Acceptance: Minutes of Mar 14, 2023 6:00 PM (Approval of Minutes)
1.1.A.a
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Attachment: 2023 01 advance (3791 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2200299 and 2200299AIssue Date: March 03, 2023Fiscal Year: 2022-2023Collection Period: January 24, 2023 - February 23, 2023Description: Streets & Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Mr. Tam Nguyen at 916-327-0064 or at [email protected].
City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107
Snow (Included in
Section 2107
Amount) Section 2107.5 Gross Claim
Withheld/Return
of Funds due to
Delinquent Annual
Street Report Payment Amount Year To Date
Ripon City Treasurer 15,979 $11,752.61 $7,711.71 $5,101.01 $8,536.51 $0.00 $0.00 $33,101.84 $0.00 $33,101.84 $284,379.72
1.1.A.b
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Attachment: fy2223_02hwycityra (3791 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2200315 and 2200315A
Issue Date: March 22, 2023
Fiscal Year: 2022-2023
Collection Period: February 01, 2023 - February 28, 2023 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.
For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].
City Population Payment Amount Year To Date
Ripon City Treasurer 15,979 $28,362.40 $205,391.73
1 of 1
1.1.A.c
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Attachment: rmra_cities_remit_2223_mar23 (3791 : State of California) State Controller's Office blank text blank text blank text blank text Remittance Advice blank text blank text blank text blank text Vehicle License Fees Collection in Excess - Cities blank text blank text blank text Claim Schedule: 2100570 and 2100570A blank text blank text blank text blank text Issue Date: March 15, 2023 blank text blank text blank text blank text Fiscal Year: 2021-2022 blank text blank text blank text blank text Collection Period: July 16, 2021 - July 15, 2022 blank text blank text blank text Description: Revenue and Taxation Code section 11001.5(b). To be deposited in the county/city general fund. blank text Total amount to be allocated to counties and cities: $67,831,504.60 blank text blank text More information at http://www.sco.ca.gov/ard_local_apportionments.html blank text blank text For assistance, please contact Mike Silvera at 916-323-0704 or at [email protected]. blank text blank text City Population Payment Amount Year To Date blank text
Ripon City Treasurer 15,979 $16,378.93 $16,378.93 blank text 1 of 1
1.1.B.a
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Attachment: Vehicle License Fee Collection in Excess , City EFT Remittance Advices 21-22 (3787 : State of California-Vehicle License Fee
1.1.C.a
Packet Pg. 33
Attachment: CCATT (3817 : CCATT Holdings)
1.1.D.a
Packet Pg. 34
Attachment: Waste Management (3819 : Waste Management)
1.1.D.a
Packet Pg. 35
Attachment: Waste Management (3819 : Waste Management)
Bill To
INVOICE
Description Amount
Invoice Date
Total Due
Delinquent Date
Customer # Invoice #
RMA 2023-00236
03/17/2023
$230,506.00
CRI090
2022/2023 4TH QUARTER DEPOSITS
CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366
CENTRAL SAN JOAQUIN VALLEY
RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
800.541.4591
916.244.1199 Fax
05/01/2023
Liability Program 90,519.00
Workers' Compensation Program 139,987.00
TOTAL AMOUNT DUE $230,506.00
Please make check payable to CSJVRMA and remit payment to the above address.
Delinquent amounts shall be assessed a 1% penalty plus interest at the rate of 10% per annum.
CSJVRMA ACCEPTS ELECTRONIC PAYMENTS
To obtain ACH/wiring instructions, please contact Rhianna Blanko, Finance Manager.
[email protected] ~ (916) 244-1131 (Direct)
1.2.A.a
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Attachment: RMA 2023-00236 Ripon (3790 : CSJVRMA 2022/2023 4th Quarter) Invoice
Date
3/25/2023
Invoice #
201
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
2/28/2023 THT 295.00 4 1,180.00
3/1/2023 THT 295.00 3.25 958.75
3/1/2023 THT 295.00 0.5 147.50
3/2/2023 THT 295.00 1.5 442.50
3/7/2023 THT 295.00 1.5 442.50
3/13/2023 THT 295.00 4.25 1,253.75
3/14/2023 THT 295.00 6 1,770.00
3/16/2023 THT 295.00 1.5 442.50
3/21/2023 THT 295.00 1.25 368.75
3/22/2023 THT 295.00 2.25 663.75
Attend staff meeting and after meet with client
regarding pending matters, office research on specific
plan amendments, concurrent processing of
entitlements and CEQA.
Review and provide feedback on draft Council
member handbook, discuss; work on suggested
revisions.
Emails to and from seller’s counsel, title company.
Review appraisal reports from Cogdill, notes on
same.
Emails to and from Nefouse, Lucchesi, THT Jr
regarding meetings and follow up on efficiencies in
handling municipal code complaints.
Review title report and discuss with opposing
counsel, draft Estoppel Certificate for existing tenant, work on removing exceptions to title.
Attend staff meeting, work on PC vacancy issue and
potential fixes, prepare for CC meeting, attend CC
meeting.
Review and comment on proposed ordinance
changes, discuss via email.
Review and discuss pending project list with client,
emails to and from Placer Title company regarding
removal of exceptions to title, send to opposing
counsel.
Work on project improvement agreement on parcel
map project, research and work on hiring bonus
matter.
Work on PIA for Mohler map, draft memo and
summary of options for hiring bonus, discuss with
client.
Neumiller & Beardslee's Invoice Number 338411
(Paid in full by The Law Office of Thomas H.
Terpstra).
3/23/2023 THT 295.00 3.25 958.75
$10,068.75
1,440.00 1,440.00
1.2.B.a
Packet Pg. 37
Attachment: Terpstra Invoices - March 2023 (3792 : Law Office of Thomas H. Terpstra) Invoice
Date
3/25/2023
Invoice #
202
Bill To
City of Ripon - Police Dept.
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
Review staff report on police hiring incentive, meet
with client regarding same; work on language for
program.
3/21/2023 THT 295.00 2.25 663.75
Review citations and reports for shopping cart theft
cases, discuss next steps on cases and
communications with city of Stockton.
3/21/2023 THT 295.00 1 295.00
Neumiller & Beardslee's Invoice Number 338411
(Paid in full by The Law Office of Thomas H.
Terpstra).
3,512.25 3,512.25
$4,471.00
1.2.B.a
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Attachment: Terpstra Invoices - March 2023 (3792 : Law Office of Thomas H. Terpstra) Invoice
Date
3/25/2023
Invoice #
203
Bill To
City of Ripon - Padilla ADU
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-402
Total
Date Attorney Description Rate Hours Amount
Calls, emails to and from Padilla, opposing counsel,
discuss status with staff.
2/27/2023 THT 295.00 0.75 221.25
Continue drafting NOV letter, work on
accompanying materials, finalize letter and send to
counsel, confer with Hatch, Roos, Werner re final
details in letter, calculate staff time.
3/8/2023 THT 295.00 2.25 663.75
Meet with client regarding penalty calculation, work
on draft of letter to opposing counsel with options for compliance and resolution.
3/9/2023 THT 295.00 3.25 958.75
3/15/2023 THT Calls, emails to opposing counsel. 295.00 0.5 147.50 Calls, emails to and from Ryan Davies, work on
drafts of Notice of Violation, discuss service of same. 3/20/2023 THT 295.00 1.25 368.75
Calls, emails to and from Forks, Hatch, opposing
counsel Davies regarding final NOV and service of
same.
3/22/2023 THT 295.00 1 295.00
Calls, text messages regarding service of NOV,
follow up with Forks.
3/24/2023 THT 295.00 1 295.00
$2,950.00
1.2.B.a
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Attachment: Terpstra Invoices - March 2023 (3792 : Law Office of Thomas H. Terpstra) Invoice
Date
3/25/2023
Invoice #
204
Bill To
City of Ripon - Hoff Drive Development - Private Development Kevin Werner
259 N. Wilma Avenue Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-403
Total
Date Attorney Description Rate Hours Amount
Numerous calls, emails regarding North Pointe SP
project analysis and public review process, review
memo from applicant.
2/27/2023 THT 295.00 0.5 147.50
Meet with client regarding emails from applicant,
work on response to issues raised.
3/1/2023 THT 295.00 1.25 368.75
Emails to and from client regarding application
completeness, process steps.
3/2/2023 THT 295.00 0.5 147.50
$663.75
Private Development
Invoice 204: $663.75
Invoice 205: $1,700.00
Total: $2,363.75
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Attachment: Terpstra Invoices - March 2023 (3792 : Law Office of Thomas H. Terpstra) Invoice
Date
3/25/2023
Invoice #
205
Bill To
City of Ripon - Noosa - Private Development
Kevin Werner
259 N. Wilma Avenue Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-404
Total
Date Attorney Description Rate Hours Amount
Meet with client to review options for processing
extension request, follow up research on same.
3/9/2023 THT 425.00 1.25 531.25
Prepare for and attend telephone meeting with
applicant re battery storage project and extension
request, review Menefee ordinance and related docs.
3/15/2023 THT 425.00 2.75 1,168.75
$1,700.00
1.2.B.a
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Attachment: Terpstra Invoices - March 2023 (3792 : Law Office of Thomas H. Terpstra)
1.2.C.a
Packet Pg. 42
Attachment: Banc of America WasteWater payment (3794 : Banc of America - 2011 Waste Water Bonds)
1.2.C.a
Packet Pg. 43
Attachment: Banc of America WasteWater payment (3794 : Banc of America - 2011 Waste Water Bonds)
1.2.C.a
Packet Pg. 44
Attachment: Banc of America WasteWater payment (3794 : Banc of America - 2011 Waste Water Bonds)
1.2.D.a
Packet Pg. 45
Attachment: RI234-001 Nov 22 (3810 : Liebert Cassidy Whitmore Bill)
1.2.E.a
Packet Pg. 46
Attachment: Keesey Invoice (3823 : Keesey Design)
1.2.F.a
Packet Pg. 47
Attachment: Invoice AR113488_SJRTD (3797 : SJRTD)
Mr. Kevin Werner 3/15/2023
City Manager
City of Ripon
259 N. Wilma Ave. Ripon, CA 95366
RE: Fleet Maintenance Building
Invoice #22/622-03-20
ARCHITECTURAL SERVICES:
Billing Period: 2/16/2023 through 3/15/2023
Contract:
Tasks 1 - 6 415,000.00 $
Amendment #1 144,875.00 $
Prior Billing: 425,875.00 $
Payments Received: 425,875.00
Balance Owing: - $
Amendment #1 Balance: 134,000.00 $
Now Billing for:
Construction Admin: Principal Architect 8 hours @ $275/hr 2,200.00 $ Project Manager 28 hours @ $225/hr 6,300.00
Submittal RFI Review: Civil Engineer 1,000.00
Mech/ Plumb Engineer 800.00
Electrical Engineer 900.00
Structural Engineer 800.00
Architectural Services: 12,000.00 $
REIMBURSABLE EXPENSE:
Previous Billing: 942.26 $
Payments Received: 942.26
Balance Owing: - $ -
Now Billing For: Reimbursables
($0.00 x 1.1) - $
mileage 0 x .655 (outside of SJ County)
Reimbursable Expense: - $
TOTAL AMOUNT DUE: 12,000.00 $
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Attachment: Invoice 22-622-03-20_LDA (3796 : LDA)
1.2.H.a
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Attachment: Invoice 16_Soracco, Inc (3799 : Soracco, Inc.)
1.2.I.a
Packet Pg. 50
Attachment: Invoice 28126_WGR CRG (3800 : WGR Southwest, Inc.) CONTRACTOR: Diede Construction, Inc.
PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:
INVOICE NO: 1
DATE: 3/1/2023
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $0.00 LESS RETENTION: $0.00
APPROVED CONTRACT CHANGES: $288,622.00 PREVIOUSLY PAID AMOUNT: $0.00 CURRENT INVOICED AMOUNT: $502,526.60
LESS RETENTION: $25,126.33
TOTAL CONTRACT AMOUNT: $11,444,622.00 CURRENT AMOUNT DUE: $477,400.27 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $502,526.60 LESS RETENTION: $25,126.33
TOTAL PAID TO DATE: $477,400.27
INVOICE SUMMARY
TOTAL PROGRESS
Remaining Contract Amount: $10,942,095.40
Approx. % Complete: 4%
INVOICE SUMMARY
Project consists of a new maintenance and operations building and vehicle wash for the City of Ripon Public Works Dept., including a repair and machine shop, office spaces, restrooms and locker rooms.
CONTRACT INFORMATION BILLING INFORMATION
Work performed includes purchasing of bonds and insurance, submittals, construction staking, erosion control measures, mobilization, site clearing, scarifying and pre-compacting fill areas, rough grading, dirt offhaul, and pond berm restoration.
1.2.J.a
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Attachment: Invoice 1_Diede Construction, Inc (3816 : Diede Construction, Inc.)
INVOICE
Lodi, CA
209-367-3701
Project Mgr: George Ogas
City of Ripon CA
Attn: Christiana Giedd
259 N Wilma Ave
Ripon, CA 95366-3028
Invoice Number: TJ07187
Terracon Consultants, Inc.
PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:
To:
NA191172B
$641.00
3/09/2023
3/04/2023
Project Number:
Billed to Date:
Invoice Date:
Services Through:
Project: Fleet Maintenance Facility
Materials Testing & Inspection Services
240 Doak Blvd
Ripon, CA
Materials Testing & Inspection Services
Date Report Description of Services Quantity Rate Total TASK: Lab Services
3/3/23 NA191172B.0002 4" mold AASHTO T99, T180, ASTM D698, D1557 1.00 $225.00 $225.00 Task Total $225.00
TASK: Soils-Asphalt PW
3/1/23 NA191172B.0001 Soil Sample Pickup (hr) 4.00 $86.00 $344.00 3/1/23 NA191172B.0001 Trip Charge (ea) 1.00 $72.00 $72.00 Task Total $416.00
Invoice Total $641.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 3/9/2023 Page 1 of 1 Client #396776
1.2.K.a
Packet Pg. 52
Attachment: Invoice TJ07187_Terracon CRG (3798 : Terracon Consultants, Inc.)
INVOICE
Lodi, CA
209-367-3701
Project Mgr: George Ogas
City of Ripon CA
Attn: Christiana Giedd
259 N Wilma Ave
Ripon, CA 95366-3028
Invoice Number: TJ11593
Terracon Consultants, Inc.
PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:
To:
NA191172B
$1,412.00
3/22/2023
3/25/2023
Project Number:
Billed to Date:
Invoice Date:
Services Through:
Project: Fleet Maintenance Facility
Materials Testing & Inspection Services
240 Doak Blvd
Ripon, CA
Materials Testing & Inspection Services
Date Report Description of Services Quantity Rate Total TASK: Soils-Asphalt PW
3/17/23 NA191172B.0003 Project Manager 1.00 $165.00 $165.00 3/17/23 NA191172B.0003 AC/Soil Inspector w/Nuclear Gauge 4.00 $112.00 $448.00 3/17/23 NA191172B.0003 PM/PE Review/Admin Support 1.00 $86.00 $86.00 3/17/23 NA191172B.0003 Trip Charge (ea) 1.00 $72.00 $72.00 Task Total $771.00
Invoice Total $771.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 3/22/2023 Page 1 of 1 Client #396776
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Attachment: Invoice TJ11593_Terracon CRG (3798 : Terracon Consultants, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 04/11/2023
Subject: Alcohol and Drug Use Policy - Update
RECOMMENDED ACTION:
This resolution amends the City of Ripon’s Alcohol and Drug Use Policy to comply with current laws.
BACKGROUND:
The City of Ripon adopted an alcohol and drug abuse policy in December 1992.
DISCUSSION/ANALYSIS:
Based upon trainings for Human Resources staff and advice from legal counsel, staff has updated the old policy to comply with current laws.
The prior policy did not address the use of marijuana and how that is still considered a drug and employees are not allowed to work under the influence of that drug. This policy states that compliance with the policy is a condition of employment.
All three of our represented employee groups have been provided a draft of the updated policy, which they reviewed and provided feedback. Any feedback received by them has been integrated into the updated policy.
Attached is a final version and a redline version of the Policy, which shows the changes from the originally adopted Policy to the proposed amended Policy.
FISCAL IMPACT:
N/A
Attachments:
1. Alcohol and Drug Use Policy-FINAL 2023.03
2. Alcohol and Drug Use Policy-Redline Version 2023.03
1.3.A
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RESOLUTION NO. 23-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING THE CITY'S ALCOHOL AND DRUG USE
POLICY
WHEREAS, on December 1, 1992, the City of Ripon (“City”) Council adopted Resolution No. 92-82 adopting an Alcohol and Drug Abuse Policy for the City of Ripon; and WHEREAS, the City is desirous of updating this policy to be consistent with current laws.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council does hereby adopt the above Recitals as true, and adopts them herein.
2. The City Council hereby amends the City of Ripon Alcohol and Drug Use Policy, as attached hereto in Exhibit “A” and incorporated herein.
3. This Resolution shall take effect upon its adoption.
4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
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 AS AMENDED BY CONSENT VOTE [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER:Gary Barton, Council Member
AYES: Michael Restuccia, Leo Zuber, Gary Barton, Dean Uecker AWAY: Daniel de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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1 Updated 4/2023
CITY OF RIPON
ALCOHOL AND DRUG USE POLICY
I. INTRODUCTION
The City of Ripon recognizes that behavior resulting from the use of alcohol and/or other drugs may detrimentally affect work performance, safety, security, and public confidence in the City’s workforce. The use of alcohol and/or other drugs can present a risk to City employees and the health and welfare of the citizens of this City.
In recognition of the City’s responsibility to maintain a safe, healthy, and productive work environment, and each employee’s responsibility to perform effectively and efficiently, the City has enacted this policy. The goal of this policy is to eliminate drug and alcohol use from the workplace. This is to ensure that employees are in a condition to perform their duties safely, effectively, and efficiently in the interests of themselves, their fellow workers, and the public.
The presence of drugs or alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective.
II. APPLICATION
This policy applies to all City of Ripon employees, except as this policy is superseded by federally mandated drug and alcohol policies. Compliance with this policy is a condition of employment.
This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of their job. This policy shall exclude from the disciplinary provisions contained herein the authorized handling of drugs and/or use of alcohol by City employees in the performance of their duties.
In the event a dispute arises with respect to the interpretation or application of this policy, such dispute shall be appealed pursuant to the City of Ripon Merit System Rules and Regulations.
III. PURPOSE
The purpose of this policy is to outline the responsibilities of City of Ripon supervisors and employees regarding alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee’s ability to safely and effectively perform the functions of their job All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination.
IV. POLICY
A. Prohibitions:
1. Employees shall not be at work under the influence of any controlled substance, including narcotics (including marijuana), prescription drugs not lawfully prescribed, or alcohol.
2. Employees shall not use, possess, sell, solicit, distribute, or manufacture alcohol or
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Attachment: Alcohol and Drug Use Policy-FINAL 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 2 Updated 4/2023
any illegal substance while at the work place, operating a City vehicle, or wearing a City uniform. An exception exists for sworn City police officers whose duties require possession of drugs and/or possession or consumption of alcohol in the course and scope of their job duties (i.e. undercover assignments). An employee consuming alcohol in the course and scope of their job duties must have prior approval by the Chief of Police or designee, for that specific event.
3. Employees shall not consume, ingest, distribute, or use cannabis, cannabis infused products, and/or other cannabis substances at work due to the high probability that it will impair work performance. Although pursuant to Proposition 64 California legalized adult possession and consumption of marijuana for recreational use, and pursuant to Proposition 215 California law permitted the use of medical marijuana, these laws have no effect on the workplace or this policy. In the case of Ross v.
Ragingwire (2008) 42 Cal.4th 920, the California Supreme Court held that employers are not required to permit an employee’s medicinal marijuana use as a reasonable accommodation. Likewise, Proposition 64 states in Health & Safety Code section 11362.45, subdivision (f), that it does not restrict the rights of employers to maintain a drug and alcohol free workplace. Accordingly, the prohibitions set forth in this policy apply to marijuana in all forms (e.g. use through smoking, eating, vaping, etc.).
B. Drug / Alcohol Testing:
1. Employees whose ability to work or whose job performance is impaired because of the use of alcohol or drugs will be in violation of this policy.
2. Employees reasonably believed to be under the influence of a controlled substance shall be prevented from engaging in further work. The City has no authority to detain, but may notify the police of the employee’s condition.
3. The City may require a blood test, urinalysis, or other drug and/or alcohol screening of employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work. The City will consider any employee refusing to submit to a drug and/or alcohol screening as insubordinate, which may lead to discipline, up to and including termination.
C. Medical:
1. The City of Ripon is committed to providing reasonable accommodation to those employees whose drug and/or alcohol problem classified them as disabled under federal and/or state law.
2. Use of medically prescribed medications and drugs, as directed by the employee’s physician, is not a violation of this policy. An employee must notify their supervisor before beginning work when taking medications or drugs, including but not limited to:
prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could interfere with the safe and effective performance of their duties or operation of City equipment. Failure to do so may result in discipline.
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Attachment: Alcohol and Drug Use Policy-FINAL 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 3 Updated 4/2023
3. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required. This policy does not require or request the health care provider or the employee to identify any prescription drug or the medical condition for which it is prescribed.
D. Conviction:
1. Under the federal Drug-Free Workplace Act, any City employee convicted of violating a criminal drug statute (including a plea of nolo contendere) while in the workplace must notify the City within five (5) days of the conviction. This notification to the City of the conviction will not relieve the employee from any disciplinary consequences of the conduct upon which the conviction is based. Within thirty (30) days of such notice, the City will take appropriate action as to the employee. The City Administrator or a designee shall notify granting agencies within ten (10) days of receiving notice of a workplace drug conviction, whether the notice is received from the convicted employee or otherwise.
E. City Diligence:
1. In order to enforce this policy and ensure the safety of all City employees, the City, unless unlawful by Public Safety Officers Procedural Bill of Rights (POBR) or other rules and regulations, reserves the right to search all areas and property over which the City maintains full or joint control with the employee for the purpose of detecting alcohol, cannabis, cannabis-infused products, or illegal drugs. Areas jointly controlled by the City and the employee include, but are not limited to, desks, lockers (even if locked), work stations, filing cabinets, and vehicles. Employees have no reasonable expectation of privacy with respect to any City property. The City will make a reasonable effort to contact the employee before conducting the search. However, the City can conduct an inspection at any time, with or without notice, and regardless of whether any employee is present.
2. The City Administrator or a designee shall establish and maintain a drug-free awareness program to inform City employees regarding:
a. The dangers of drug or alcohol use in the workplace. b. The City's policy of maintaining a drug- and alcohol free workplace. c. The availability of drug or alcohol counseling, rehabilitation, and employee assistance programs.
d. The penalties that may be imposed upon employees for drug or alcohol use violations occurring in the workplace.
3. The decision to discipline or discharge will be carried out in conformance with reference to the City of Ripon's pertinent discipline procedures.
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Attachment: Alcohol and Drug Use Policy-FINAL 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 4 Updated 4/2023
V. EMPLOYEE RESPONSIBILITY
An employee must:
A. Be able to perform the duties of their position without the impairment of alcohol or a controlled substance.
B. Not report to work for their regular work schedule while their ability to perform job duties is impaired due to alcohol or drug use.
C. Disclose to their supervisor, if being called in to work on an unscheduled shift, if they have recently consumed alcoholic beverages or impairing drugs. There shall be no discipline if an employee is unable to report to work in this situation.
D. Refrain from alcohol or drug use while on call and be ready to perform their duties as they would when reporting for a regular shift.
E. Not possess, use, or consume alcoholic beverages or impairing drugs during work hours or any paid time, except when possession and/or use is prescribed by a medical doctor and approved by the employee’s supervisor or required in the course of Police Department employment.
F. Not directly, or through a third party, knowingly sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty or officially on-call.
G. Submit to a drug and/or alcohol screening or test when the City has reasonable suspicion they are under the influence of drugs or alcohol in the workplace.
H. Notify their supervisor before beginning work, when taking any medications or drugs (prescription or nonprescription) which may interfere with the safe and effective performance of duties or operation of City equipment.
VI. SUPERVISOR RESPONSIBILITIES AND GUIDELINES
A. Supervisory employees are responsible for reasonable enforcement of this policy.
B. Supervisor should ask the employee if anything is preventing them from reporting to work to effectively and safely perform the functions of their job if the employee is being called in for an unscheduled shift.
C. Supervisors shall not demand employees report to work when being called in for a scheduled or unscheduled shift if the employee feels that their ability to perform their job duties are impaired due to alcohol or drug use.
D. If the employee’s status is in question, the Supervisor shall make the final determination on whether the employee reports to work for an unscheduled shift.
E. Supervisors may request that an employee submit to a drug and/or alcohol screen/test
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Attachment: Alcohol and Drug Use Policy-FINAL 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 5 Updated 4/2023
when they have reasonable suspicion that an employee is under the influence of drugs and/or alcohol while at work.
"Reasonable suspicion" is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol. Examples of objective factors include, but are not limited to:
1. Slurred or altered speech.
2. Alcohol odor on breath.
3. Unsteady walking or movement.
4. Abnormal or erratic behavior.
5. Possession of alcohol or drugs.
6. An accident involving City property or equipment.
F. Any supervisory employee suspecting an employee of drug and/or alcohol use will document in writing the facts constituting reasonable suspicion that the employee in question is under the influence of alcohol or drugs. It is the responsibility of the supervisory employee to ensure appropriate disciplinary action is taken.
VII. DRUG AND/OR ALCOHOL TESTING
The City has discretion to test employees for alcohol and drug use. The City will use an outside laboratory to perform all testing.
The City may require a blood test, urinalysis, or other drug and/or alcohol screening of employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work.
The Supervisor must record the factors that support reasonable suspicion in writing and provide to Human Resources within 24 hours. The employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
The drug and/or alcohol test will be administered by Sutter Gould Medical Foundation, 600 Coffee Road, Modesto, California, or by any other testing facility, which is chosen jointly by the bargaining unit and the City. The facility must be licensed and certified by the California Department of Health Services, Laboratory Field Service and comply with the scientific and technical guidelines for Federal Drug Testing Programs and the standards of the Alcohol, Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services. The drug and/or alcohol test may look for any substance, which could impair an employee’s ability to effectively and safely perform the functions of their job.
VIII. RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS
The City will investigate an employee who receives a positive test result to gather all facts, which will include an employee interview. The City has the right to decide whether to discipline or terminate the employee in conformance with City policies and due process rights of the employee.
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Attachment: Alcohol and Drug Use Policy-FINAL 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 6 Updated 4/2023
IX. EMPLOYEE ASSISTANCE PROGRAM
The City has a well-established voluntary Employee Assistance Program (EAP) in place to assist employees and their eligible family members in addressing alcohol and drug dependency.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the City’s EAP. The City of Ripon will support those who seek help voluntarily and will be equally firm in identifying and disciplining those who do not seek help or whose continued substance abuse either violates City rules or interferes in the employee's job performance.
Employees may utilize sick leave for self-referral appointments during regular work hours if the employee is unable to schedule an appointment during off-work hours. Any earned leave time may be utilized for EAP participation. If an employee requires additional leave time, they may request a medical leave of absence subject to approval.
Supervisors should encourage employees to use the EAP when usual supervisory actions do not improve deteriorating or unsatisfactory job performance or when a specific on-the-job incident is cause for concern.
An employee who seeks voluntary assistance prior to being notified of any discipline or request for testing by the employer, shall not be disciplined or illegally discriminated against for seeking such assistance. Requests for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent.
X. CONFIDENTIALITY
Applicants will be required to fill out a consent to release medical records form when the test is administered. Laboratory reports or test results may be disclosed to City of Ripon management on a strictly need-to-know basis and to the tested applicant, or to the designated representative of the tested applicant, upon request. Disclosures, without patient consent, may also occur when law compels the information or by judicial or administrative process; the information has been placed at issue in a formal dispute between the employer and applicant; or the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
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Attachment: Alcohol and Drug Use Policy-FINAL 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 1 Updated 4/2023
Formatted: Font color: Auto, Not All caps
Formatted: Font: 10 pt
Formatted: Body Text, Line spacing: Multiple 0.06
CITY OF RIPON
ALCOHOL AND DRUG ABUSE POLICY
I.
I. INTRODUCTION
I. The PURPOSE
It is the policy of the City of Ripon recognizes that behavior resulting from the use of alcohol and/or other drugs may detrimentally affect work performance, safety, security, and public confidence in the City’s workforce. The use of alcohol and/or other drugs can present a risk to City employees and the health and welfare of the citizens of this City.
In recognition of the City’s responsibility to maintain a safe, healthy, and productive work environment, and each employee’s responsibility to perform effectively and efficiently, the City has enacted this policy. The goal of this policy is to eliminate drug-free and alcohol use from the workplace. ItThis is the intention of this policy to eliminate substance abuse and its effects in the work place. While the City of Ripon has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. Our concern isto ensure that employees are in a condition to perform their duties safely, effectively, and efficiently in the interests of themselves, their fellow workers, and the public as well as themselves.. The presence of drugs andor alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective.
II. APPLICATION
This policy applies to all City of Ripon employees, except as this policy is superseded by federally mandated drug and alcohol policies. Compliance with this policy is a condition of employment.
This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of their job. This policy shall exclude from the disciplinary provisions contained herein the authorized handling of drugs and/or use of alcohol by City employees in the performance of their duties.
In the event a dispute arises with respect to the interpretation or application of this policy, such dispute shall be appealed pursuant to the City of Ripon Merit System Rules and Regulations.
III. PURPOSE
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program Counselor.
While the City of Ripon will be supportive of those who seek help voluntarily, the city will be equally firm in identifying and disciplining those who do not seek help, or whose continued substance abuse either violates City Rules, or interferes in the employee’s job performance.
This policy outlines
The purpose of this policy is to outline the responsibilities of City of Ripon managerssupervisors and employees. To that end, the City of Ripon will act to eliminate any substance abuse ( regarding alcohol, illegal drugs, prescription drugs or any other substance which could impair an employee’s ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, and substandard performance. The City will Style Definition ...
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Attachment: Alcohol and Drug Use Policy-Redline Version 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 2 Updated 4/2023
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act to eliminate any substance abuse which discredits the City or otherwise interferes with the employee’s ability to carry out assigned tasks. their job All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including dismissal, and may subject an employee to required satisfactory participation in an approved substance abuse assistance or rehabilitation program. Those applying for positions with the city may not be hired for failure to follow these guidelinestermination.
In recognition of the public service responsibilities entrusted to the employees of the City of Ripon, and that drug and alcohol usage can hinder a persons ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is hereby adopted by the City of Ripon.
IV. POLICY
It is the policy of the City of Ripon that employees on compensated duty A. Prohibitions:
1. Employees shall not be at work under the influence of controlled substances or including narcotics (including marijuana), prescription drugs not lawfully prescribed, or alcohol.
2. Employees shall not use, possess, sell, solicit, distribute, or manufacture alcohol or any illegal substance while at the work place, operating a City vehicle, or wearing a City uniform. An exception exists for sworn City police officers whose duties require possession of drugs and/or possession or consumption of alcohol in the course and scope of their job duties (i.e. undercover assignments). An employee consuming alcohol in the course and scope of their job duties must have prior approval by the Chief of Police or designee, for that specific event.
In addition, employees
3. Employees shall not consume, ingest, distribute, or use cannabis, cannabis infused products, and/or other cannabis substances at work due to the high probability that it will impair work performance. Although pursuant to Proposition 64 California legalized adult possession and consumption of marijuana for recreational use, and pursuant to Proposition 215 California law permitted the use of medical marijuana, these laws have no effect on the workplace or this policy. In the case of Ross v.
Ragingwire (2008) 42 Cal.4th 920, the California Supreme Court held that employers are not required to permit an employee’s medicinal marijuana use as a reasonable accommodation. Likewise, Proposition 64 states in Health & Safety Code section 11362.45, subdivision (f), that it does not restrict the rights of employers to maintain a drug and alcohol free workplace. Accordingly, the prohibitions set forth in this policy apply to marijuana in all forms (e.g. use through smoking, eating, vaping, etc.).
B. Drug / Alcohol Testing:
Employees whose ability to work or whose job performance is impaired as a resultbecause of off-the-job use of alcohol or controlled drugs will be in violation of this Policy. . Failure to do so may result in discipline. In the event there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
2. Employees reasonably believed to be under the influence of a controlled substance Formatted: Font color: Custom
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Attachment: Alcohol and Drug Use Policy-Redline Version 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 3 Updated 4/2023
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shall be prevented from engaging in further work. The cityCity has no authority to detain, but may notify the police of the employee’s condition.
3. The City may require a blood test, urinalysis, or other drug and/or alcohol screening of employees condition onwho are reasonably suspected of using or being underthe road. influence of a drug or alcohol at work. The City will consider any employee refusing to submit to a drug and/or alcohol screening as insubordinate, which may lead to discipline, up to and including termination.
C. Medical:
1. The City of Ripon is committed to providing reasonable accommodation to those employees whose drug and/or alcohol problem classified them as disabled under federal and/or state law.
2. Use of medically prescribed medications and drugs, as directed by the employee’s physician, is not a violation of this policy. An employee must notify their supervisor before beginning work when taking medications or drugs, including but not limited to:
prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could interfere with the safe and effective performance of their duties or operation of City equipment. Failure to do so may result in discipline.
In the event The city has established an Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Employees should contact their supervisors or counselor for additional information.
D. Conviction:
1. Under the federal Drug-Free Workplace Act, any City employee convicted of violating a criminal drug statute (including a plea of nolo contendere) occurringwhile in the workplace must notify the City of the conviction within five (5) days afterofthe conviction. This notification to the City of the conviction will not relieve the employee from any disciplinary consequences of the conduct upon which the conviction is based. Within thirty (30) days of such notice, the City will take appropriate action as to the employee. The City Administrator or a designee shall notify granting agencies within ten (10) days of receiving notice of a workplace drug conviction, whether the notice is received from the convicted employee or otherwise.
E. City Diligence:
1. In order to enforce this policy and ensure the safety of all City employees, the City, unless unlawful by Public Safety Officers Procedural Bill of Rights (POBR) or other rules and regulations, reserves the right to search all areas and property over which the City maintains full or joint control with the employee for the purpose of detecting alcohol, cannabis, cannabis-infused products, or illegal drugs. Areas jointly controlled by the City and the employee include, but are not limited to, desks, lockers (even if locked), work stations, filing cabinets, and vehicles. Employees have no reasonable expectation of privacy with respect to any City property. The City will make a Formatted: Font color: Custom
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Attachment: Alcohol and Drug Use Policy-Redline Version 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 4 Updated 4/2023
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reasonable effort to contact the employee before conducting the search. However, the City can conduct an inspection at any time, with or without notice, and regardless of whether any employee is present.
The City Administrator or a designee shal notify federal agencies with which the City holds contracts or from which the City receives grants within ten (10) days of receiving notice that a City employee has been convicted of a criminal drug statute for a violation occuring within the workplace. awareness program to inform City employees aboutregarding:
1. a. The dangers of drug or alcohol use in the workplace.
2. b. The City’sCity's policy of maintaining a drug- and alcohol free workplace.
3. c. The availability of drug- or alcohol counseling, rehabilitation, and employee assistance programs.
4. d. The penalties that may be imposed upon employees for drug or alcohol use violations occurring in the workplace.
3. The decision to discipline or discharge will be carried out in conformance with reference to the City of Ripon’sRipon's pertinent discipline procedures.
III.
APPLICATION
An employee must:
A.
A. Be able to perform the duties of their position without the impairment of alcohol or a controlled substance.
B. Not report to work for their regular work schedule while his/hertheir ability to perform job duties is impaired due to on or off duty alcohol or drug abuseuse.
B. Not possess open containers or
C. Disclose to their supervisor, if being called in to work on an unscheduled shift, if they have recently consumed alcoholic beverages or impairing drugs or. There shall be no discipline if an employee is unable to report to work in this situation.
D. Refrain from alcohol or drug use alcoholwhile on call and be ready to perform their duties as they would when reporting for a regular shift.
E. Not possess, use, or consume alcoholic beverages or impairing drugs during work hours or any paid time, except when possession and/or use is prescribed by a medical doctor and approved by the employee’s supervisor or required in the course of Police Department employment.
C.
F. Not directly, or through a third party, knowingly sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty or officially on-call.
D.
G. Submit to a drug and/or alcohol screening or test when the City has reasonable suspicion they are under the influence of drugs or alcohol in the workplace.
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Attachment: Alcohol and Drug Use Policy-Redline Version 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 5 Updated 4/2023
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H. Notify his/hertheirsupervisor, before beginning work, when taking any medications or drugs (prescription or nonprescription) which may interfere with the safe and effective performance of duties or operationsoperation of the City equipment.
V. MANAGEMENT
VI. SUPERVISOR RESPONSIBILITIES AND GUIDELINES
A.
A. Supervisory employees are responsible for reasonable enforcement of this policywhere reasonable suspicion exists. “
B. Supervisor should ask the employee if anything is preventing them from reporting to work to effectively and safely perform the functions of their job if the employee is being called in for an unscheduled shift.
C. Supervisors shall not demand employees report to work when being called in for a scheduled or unscheduled shift if the employee feels that their ability to perform their job duties are impaired due to alcohol or drug use.
D. If the employee’s status is in question, the Supervisor shall make the final determination on whether the employee reports to work for an unscheduled shift.
E. Supervisors may request that an employee submit to a drug and/or alcohol screen/test when they have reasonable suspicion that an employee is under the influence of drugs and/or alcohol while at work.
"Reasonable suspicion”" is a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol. For example, any of the following, alone or in combination, may constitute reasonable suspicionExamples of objective factors include, but are not limited to:
1. 1. Slurred or altered speech.
2. 2. Alcohol odor on breath.
3. 3. Unsteady walking andor movement.
4. 4. BizarreAbnormal or erratic behavior/.
5. 5. Possession of alcohol or drugs.
F. Any supervisory employee suspecting an employee of drug and/or alcohol use will document in writing the facts constituting reasonable suspicion that the employee in question is under the influence of alcohol or drugs. It is the responsibility of the supervisory employee to ensure appropriate disciplinary action is taken.
VII. VI. PHYSICAL EXAMINATIONDRUGANDPROCEDURE (New hires/OR ALCOHOL TESTING The City has discretion to test employeesfor alcohol and re-hires)drug use. The City will use an outside laboratory to perform all testing.
Applicants for employment must successfully pass a drug screening test prior to confirmation of employment.
The City may require a blood test, urinalysis, or other drug and/or alcohol test may look for any substance which could impairscreening of employees who are reasonably suspected of
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Attachment: Alcohol and Drug Use Policy-Redline Version 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 6 Updated 4/2023
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using or being under the influence of a drug or alcohol at work.
The Supervisor must record the factors that support reasonable suspicion in writing and employee’s ability to effectively provide to Human Resources within 24 hours. The employee will be relieved from duty, transported to the testing facility and safely perform the functions of his/her job. to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.
The drug and/or alcohol test will be administered by Sutter Gould Medical Foundation, 600 Coffee Road, Modesto, California, or by any other testing facility, which is chosen jointly by the bargaining unit and the cityCity. The facility must be licensed and certified by the California Department of Health Services, Laboratory Field Service and comply with the scientific and technical guidelines for Federal Drug Testing Programs and the standards of the Alcohol, Drug Abuse and Mental Health Administration of the U.S. Department of Health and Human Services. The drug and/or alcohol test may look for any substance, which could impair an employee’s ability to effectively and safely perform the functions of their job.
Applicants considered for employment must first undergo pre-screening drug testing prior to confirmation of appointment. They will be asked to sign a consent to be tested form prior to the administration of the test. At the time the urine samples are collected, the samples shall be sealed in the presence of the applicant being tested with a security seal. The applicant and the collecting agent shall complete and attach to all samples, the Chain of Custody Form.
Pre-employment physicals.
The City will investigate an employee who receives a positive test result to gather all facts, which will include an employee interview. The City has the right to decide whether to discipline or terminate the employee in conformance with City policies and due process rights of the employee.
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Attachment: Alcohol and Drug Use Policy-Redline Version 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) 7 Updated 4/2023
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IX. EMPLOYEE ASSISTANCE PROGRAM
The City has a well-established voluntary Employee Assistance Program (EAP) in place to assist employees and their eligible family members in addressing alcohol and drug dependency.
Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the City’s EAP. The City of Ripon will support those who seek help voluntarily and will be equally firm in identifying and disciplining those who do not seek help or whose continued substance abuse either violates City rules or interferes in the employee's job performance.
Employees may utilize sick leave for self-referral appointments during regular work hours if the employee is unable to schedule an appointment during off-work hours. Any earned leave time may be utilized for EAP participation. If an employee requires additional leave time, they may request a medical leave of absence subject to approval.
Supervisors should encourage employees to use the EAP when usual supervisory actions do not improve deteriorating or unsatisfactory job performance or when a specific on-the-job incident is cause for concern.
An employee who seeks voluntary assistance prior to being notified of any discipline or request for testing by the employer, shall not be disciplined or illegally discriminated against for seeking such assistance. Requests for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee’s consent.
X. CONFIDENTIALITY
Applicants will be required to fill out a consent to release medical records form when the test is administered. Laboratory reports or test results may be disclosed to City of Ripon management on a strictly need-to-know basis and to the tested applicant, or to the designated representative of the tested applicant,upon request. Disclosures, without patient consent, may also occur when law compels the informationis compelled by lawor by judicial or administrative process; the information has been placed at issue in a formal dispute between the employer and applicant; or the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
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Attachment: Alcohol and Drug Use Policy-Redline Version 2023.03 (23-14 : Alcohol and Drug Use Policy - Update) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 04/11/2023
Subject: SJCOG Annual Financial Plan
This resolution accepts the San Joaquin Council of Governments’ annual financial plan that describes the proposed transportation planning activities for fiscal year 2023-2024.
Attachments:
1. 2023_AFP_Letter_Ripon
1.3.B
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RESOLUTION NO. 23-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ACCEPTING THE SAN JOAQUIN COUNCIL OF
GOVERNMENTS’ ANNUAL FINANCIAL PLAN FOR FISCAL
YEAR 2023-2024 ADOPTED BY THE COG BOARD ON
MARCH 23, 2023
WHEREAS, the San Joaquin Council of Governments’ Annual Financial Plan for fiscal year 2023-2024 was adopted by the COG Board on March 23, 2023; and WHEREAS, pursuant to the COG’s Joint Powers Agreement, following adoption of the budget by the COG Board, it is to be delivered to member agencies for ratification by each governing body; and
WHEREAS, the San Joaquin Council of Governments’ Annual Financial Plan has been filed with the City of Ripon.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon accepts the San Joaquin Council of Governments’ Annual Financial Plan for fiscal year 2023- 2024.
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:
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RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER:Gary Barton, Council Member
AYES: Michael Restuccia, Leo Zuber, Gary Barton, Dean Uecker AWAY: Daniel de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
1.3.B
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SAN JOAQUIN COUNCIL OF GOVERNMENTS
555 E. Weber Avenue x Stockton, California 95202 x P 209.235.0600 x F 209.235.0438 x www.sjcog.org Robert Rickman
CHAIR
David Bellinger
VICE CHAIR
Diane Nguyen
EXECUTIVE DIRECTOR
Member Agencies
CITIES OF
ESCALON,
LATHROP,
LODI,
MANTECA,
RIPON,
STOCKTON,
TRACY,
AND
THE COUNTY OF SAN
JOAQUIN
March 27, 2023
Kevin Werner
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
Dear Mr. Werner:
On March 23, 2023 the SJCOG Board adopted the Annual Financial Plan for FY 2023-24.
Attached is the board staff report as well as a copy of the adopting resolution. Pursuant to SJCOG's Joint Powers Agreement, following adoption of the budget by the SJCOG Board, it is to be delivered to member agencies for ratification by each governing body. Approval by a majority of the governing bodies representing 55% or more of the county's population is considered ratification.
Therefore, SJCOG requests you place SJCOG's Annual Financial Plan for Fiscal Year 2023/24 on a forthcoming agenda prior to June 30, 2023, for ratification.
The Annual Financial Plan implements the FY 2023/24 Overall Work Program (OWP) that was also adopted by the SJCOG Board on March 23, 2023.
The attached Annual Financial Plan (AFP) provides detail of revenues and expenditures by cost category and line item comparing the proposed FY 2023-2024 budgets with the current year (FY 2022-2023) adopted budget, as most recently amended, along with FY 2021-2022 actual expenditures. The total revenues and expenditures total $41,687,240.00. The proposed AFP represents the general fund budget for SJCOG. The revenues and expenditures in the AFP are the same as the Overall Work Program (OWP), however, presented in a traditional line-item format compared to the work element format of the OWP.
Readers should note several differences between SJCOG and its member agencies’ budgets:
x SJCOG revenue sources are quite different from our member agencies. x SJCOG employs staff on an at-will basis, vis-à-vis civil service and has its own employee handbook and policies.
x SJCOG has its own Financial and Accounting Policy guiding our financial matters including procurement procedures.
x SJCOG employees are exempted from Social Security except for Medicare. x As noted below, SJCOG offers a defined contribution retirement plan to its employees. SJCOG has no CalPERS or post employments benefit obligations except limited sick leave conversion as noted.
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Attachment: 2023_AFP_Letter_Ripon (23-15 : SJCOG Annual Financial Plan) The following assumptions are incorporated in the budget:
1. Work will not begin, and expenses will not be incurred unless anticipated revenue sources are secured.
2. The AFP anticipates SJCOG to be fully staffed. The budget includes a 5.02% pool that can be drawn upon for merit-based increases and potential promotions. The full impact of that pool is incorporated into the salary-driven benefits (retirement, Medicare, disability).
3. SJCOG has no significant liability exposure for post-employment benefits. a. The employee retirement program is a defined contribution program managed by the International City Managers Association Retirement Program (Mission Square Retirement).
b. SJCOG employee vacation accruals are capped at two times the individual’s annual leave.
c. Upon separation with 50 years of age or 20 years of SJCOG employment, an employee can convert accrued sick leave hours to be deposited into a Retirement Health Savings Account to pay for health-related expenses. The conversion is based upon the employee’s salary at retirement.
SJCOG staff would be pleased to appear before your policymakers to answer any questions they might have regarding this matter. We request ratification prior to June 30, 2023. Please let me know when this will be on your agenda. If you have any questions regarding this matter, don't hesitate to contact me at (209) 235-0584.
Thank you for your assistance.
Sincerely,
STEVE DIAL
Deputy Executive Director/Chief Financial Officer
Attachments:
R-23-104
FY 2023-24 Annual Financial Plan Staff Report
FY 2023-24 Annual Financial Plan Board Summary
1.3.B.a
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Attachment: 2023_AFP_Letter_Ripon (23-15 : SJCOG Annual Financial Plan)
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Attachment: 2023_AFP_Letter_Ripon (23-15 : SJCOG Annual Financial Plan) 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: Zero-Emission Bus Rollout Plan
RECOMMENDED ACTION:
Adopt the resolution accepting the City of Ripon Zero-Emission Bus Rollout Plan as required by the California Air Resources Board.
BACKGROUND:
In 2018, the California Air Resources Board (CARB) adopted the Innovative Clean Transit (ICT) Regulation, which requires public transit agencies to gradually transition their bus fleets to zeroemission technologies. Starting 2029, 100 percent of all transit agencies’ new bus purchases must be zero-emission, with a goal of complete transition to zero-emission by 2040. The regulation also requires each transit agency to submit a complete Zero-Emission Bus Rollout Plan showing how it plans to achieve a full transition to zero-emission buses within the time frame allotted.
DISCUSSION:
The City currently has two buses that are fueled with compressed natural gas which will need to be replaced by 2040. Based on the current transit operation staff anticipates the replacements will be needed in 2037 and 2039. The attached Zero-Emission Bus Rollout Plan has been developed to meet the requirements outlined by the California Air Resources Board and must be submitted by July 1, 2023. The plan is a living document and the estimated timelines may be adjusted as needed depending on the needs of the City transit system.
FISCAL IMPACT:
Although there is no immediate fiscal impact with the adoption of the plan, future expenses will include the price difference between electric and compressed natural gas bus purchases and electrical charging stations. There are several potential funding sources staff will explore as the existing City buses get closer to the end of their lifecycle, if any opportunities arise sooner they will be presented to the City Council for consideration.
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Attachments:
1. ZEB Roll Out Plan Final
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RESOLUTION NO. 23-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ACCEPTING THE ZERO-EMISSION BUS ROLLOUT
PLAN
WHEREAS, in 2018, the California Air Resources Board (CARB) adopted the Innovative Clean Transit (ICT) Regulation, which requires public transit agencies to transition to a 100 percent zero-emission bus (ZEB) fleet by 2040; and WHEREAS, Title 13 of the California Code of Regulations § 2023 (13 CCR § 2023.1 through 2023.11) requires all public transit agencies to gradually transition their bus fleet to zero-emission technologies; and
WHEREAS, the ICT regulation requires each agency to submit a ZEB Rollout Plan (Rollout Plan) to CARB by July 1, 2023. The Rollout Plan is a living document intended to guide the agency’s conversion to a ZEB fleet; and
WHEREAS, the Rollout Plan must be accepted by the transit agency’s governing body through the adoption of a resolution prior to submission to CARB.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ripon does hereby accept the ZEB Rollout Plan as a guide for the implementation of ZEB technology.
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 AS AMENDED BY CONSENT VOTE [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER:Gary Barton, Council Member
AYES: Michael Restuccia, Leo Zuber, Gary Barton, Dean Uecker AWAY: Daniel de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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Introduction
Table of Contents
City of Ripon
Almond Blossom Express
Zero-Emission Bus Rollout Plan
Prepared for:
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Attachment: ZEB Roll Out Plan Final (23-16 : Zero-Emission Bus Rollout Plan) 1 Table of Contents
Table of Contents............................................................................................................................ 1 Introduction .................................................................................................................................... 2 Background ..................................................................................................................................... 2 Scope............................................................................................................................................... 2 Section A: Transit Agency Information .......................................................................................... 3 Section B: Rollout Plan General Information................................................................................. 3 Section C: Technology Portfolio..................................................................................................... 3 Section D: Current Bus Fleet Composition and Future Bus Purchases.......................................... 3 Section E: Facilities and Infrastructure Modifications................................................................... 4 Section F: Providing Service in Disadvantaged Communities........................................................ 5 Section G: Workforce Training....................................................................................................... 6 Section H: Potential Funding Sources............................................................................................ 6
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Attachment: ZEB Roll Out Plan Final (23-16 : Zero-Emission Bus Rollout Plan) 2 Introduction
In accordance with the California Air Resource Board’s Innovative Clean Transit (ICT) regulation, the following plan serves as the City of Ripon’s Zero-Emission Bus (ZEB) Rollout Plan to transition its bus fleet to 100% ZEB by 2040.
Background
The ICT regulation became effective October 1, 2019, and requires all public transit agencies to gradually transition their bus fleets to zero-emission technologies. The ICT regulation applies to all transit agencies that own, operate, or lease buses with a gross vehicle weight rating (GVWR) greater than 14,000 pounds. It covers standard, articulated, over-the-road, double decker, and cutaway buses. The ICT regulation requires a percentage of new bus purchases to be zeroemission buses (ZEBs). The ZEB percentage increases gradually with time. The ZEB purchase requirements begin in 2026 for small transit agencies.
The City of Ripon is considered a small transit agency by the ICT regulation’s definition (13 CCR § 2023(b)(49)). Starting in 2029, 100% of all transit agencies’ new bus purchases must be ZEBs, with a goal of complete transition to ZEBs (all buses in each transit agency’s fleet to be ZEBs) by 2040.
Scope
This Rollout Plan is a living document and a guide to the implementation of the City of Ripon’s zero-emission bus fleet. The plan provides estimated timelines based on the City’s Fleet Replacement Plan that aims to transition its bus fleet to all battery-electric. As outlined in the guidance provided by the California Air Resources Board (CARB), the following sections are included as required:
Section A: Transit Agency Information
Section B: Rollout Plan General Information
Section C: Technology Portfolio
Section D: Current Bus Fleet Composition and Future Bus Purchases Section E: Facilities and Infrastructure Modifications
Section F: Providing Service in Disadvantaged Communities Section G: Workforce Training
Section H: Potential Funding Sources
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Attachment: ZEB Roll Out Plan Final (23-16 : Zero-Emission Bus Rollout Plan) 3 Section A: Transit Agency Information
City of Ripon
259 N. Wilma Ave.
Ripon, CA 95366
Air District: San Joaquin Valley Air Pollution Control District Air Basin: San Joaquin Valley Air Basin
Total Number of Buses in Annual Maximum Service: 1
Joint Group: The City of Ripon is not part of a Joint Group Section B: Rollout Plan General Information
This plan directs the City of Ripon to purchase 100% zero-emission vehicles for its transit fleet allowing for a full transition to zero emissions by 2040 while avoiding early retirement of conventional transit buses. The City currently has 2 standard CNG buses which will reach the end of their useful life by 2040. After reaching the end of their useful life, they will be replaced with zero-emission vehicles.
This plan was adopted by City Council on ______________________. A copy of the resolution is attached in Appendix A.
Section C: Technology Portfolio
The City of Ripon plans to deploy 2 standard battery-electric buses (BEBs) through 2040 with a similar capacity to its current fleet. BEBs utilize batteries to store electricity and an electrified drivetrain to propel the bus. The bus draws energy from the battery and converts it into torque with the help of a traction motor. During braking, BEBs use regenerative braking to capture the energy that can be used to recharge the battery. Since BEBs do not produce any tailpipe emissions, they are considered environmentally friendly. Additionally, they operate very quietly.
Due to the City’s small fleet size a new bus will not need to be purchased for a number of years.
The exact model of ZEBs is to be determined depending on what is available through grants and funding at the time of purchase.
The City will also install 4 depot chargers at the City Corporation Yard to accommodate future bus purchases. The City does not expect a significant change to the power load due to its small ridership.
Section D: Current Bus Fleet Composition and Future Bus Purchases The City of Ripon provides public bus service within city limits and connecting to Modesto. The Blossom Express fixed-route service operates two days each week (Tuesday and Thursday),
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Attachment: ZEB Roll Out Plan Final (23-16 : Zero-Emission Bus Rollout Plan) 4 providing two morning and two afternoon round trips between Ripon and Modesto. Up to two deviations to locations within three-quarters of a mile of the route may be provided each trip.
Table 1 below contains information on each individual bus in the City of Ripon’s current bus fleet, with fuel type identified as per ICT guidance.
Table 1: Individual Bus Information of Current Bus Fleet Number of Buses Engine Model Year Bus Model Year Fuel Type Bus Type 1 2012 2012 CNG Standard
1 2017 2018 CNG Standard
According to the zero-emission bus purchase requirements, the City of Ripon must purchase or operate a minimum number of zero-emission buses as determined by the below schedule in any given calendar year:
o By January 1, 2026: 25% of the total number of new bus purchases in each calendar year must be ZEB
o By January 1, 2029: All new bus purchases must be ZEB According to the U.S. Department of Transportation Federal Transit Administration’s “Useful Life of Transit Buses and Vans” Report No. FTA VA-26-7229-07.1 Table ES-3, the minimum life cycle of a heavy-duty large bus with an annual vehicle mileage of 25,000 is 17 years. The current average mileage of each of the buses in our fleet is under 6,000 miles per year, and therefore the City of Ripon expects a useful lifespan of 20-25 years for its current CNG buses. Table 2 below represents the anticipated buses that will be purchased in the future.
Table 2: Future Bus Purchases
Timeline
(Year)
Total
Number
of Buses
to
Purchase
Number
of ZEB
Purchases
Percentage
of Annual
ZEB
Purchases
ZEB Bus
Type
ZEB
Fuel
Type
Number
of Conv.
Bus
Purchases
Percentage
of Annual
Conv. Bus
Purchases
Type
of
Conv.
Buses
Fuel
Type
of
Conv.
Buses
2037 1 1 100% Standard Electric 0 0% N/A N/A
2039 1 1 100% Standard Electric 0 0% N/A N/A
The City of Ripon is not considering converting any of the conventional buses in service to zeroemission buses.
Section E: Facilities and Infrastructure Modifications
The City of Ripon will have some modifications to its facilities to accommodate the transition to zero-emission. Table 3 below is a table of facilities and infrastructure modifications.
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Attachment: ZEB Roll Out Plan Final (23-16 : Zero-Emission Bus Rollout Plan) 5 Table 3: Facilities Information and Construction Timeline Division/
Facility
Name
Address Main
Function
Type of
Infrastructure
Service
Capacity
Needs
Upgrade?
(Yes/No)
Estimated
Construction
Timeline
Corporation
Yard
250 Doak
Ripon, CA
Vehicle
Maint.
4 Depot
Chargers will
be installed
4 Buses Yes 2035
Section F: Providing Service in Disadvantaged Communities CalEnviroScreen is a tool that identifies communities that are most vulnerable to pollution by using environmental, health, and socioeconomic data to produce a score for every census tract within the State of California. According to the California Office of Environmental Health Hazard Assessment (OEHHA), disadvantaged communities are defined as communities with the top 25% of vulnerability scores according to CalEnviroScreen. According to the OEHHA Disadvantaged Communities map, there are no disadvantaged communities within the City of Ripon, as shown in Figure 1.
Figure 1: City of Ripon Disadvantaged Communities Map
Disadvantaged Communities
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Attachment: ZEB Roll Out Plan Final (23-16 : Zero-Emission Bus Rollout Plan) 6 Section G: Workforce Training
The City of Ripon will utilize the training offered by the bus and charger manufacturers to instruct bus operators and maintenance personnel on zero-emission bus technologies.
Section H: Potential Funding Sources
Carl Moyer Program
The Carl Moyer Program provides monetary grants to private companies and public agencies to clean up their heavy-duty engines beyond that required by law through retrofitting, repowering or replacing their engines with newer and cleaner ones.
Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) HVIP offers point-of-sale incentives for clean trucks and buses in California. HVIP dealers offer reduced-price vehicles directly to purchasers. Purchasers do not need to submit proposals, complicated paperwork or wait for reimbursement. Incentives are locked in at the time of the purchase order, while dealers process the required documentation.
Transportation Development Act (TDA)
The Mills-Alquist-Deddeh Act (SB 325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination.
Known as the TDA, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans.
TDA established two funding sources; the Local Transportation Fund (LTF), and the State Transit Assistance (STA) fund. The LTF is derived from a one quarter cent of the general sales tax collected statewide. The California Department of Tax and Fee Administration, based on sales tax collected in each county, returns the general sales tax revenues to each county’s LTF. Each county then apportions the LTF funds within the county based on population.
The STA funds are appropriated by the legislature to the State Controller’s Office (SCO). The SCO then allocates the tax revenue, by formula, to planning agencies and other selected agencies.
Statue requires that 50% of STA funds be allocated according to population and 50% be allocated according to transit operator revenues from the prior fiscal year.
Low or No Emission Program (LowNo)
The LowNo competitive program provides funding to state and local governmental authorities for the purchase or lease of zero-emission and low-emission transit buses as well as acquisition, construction, and leasing of required supporting facilities.
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Attachment: ZEB Roll Out Plan Final (23-16 : Zero-Emission Bus Rollout Plan) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 04/11/2023
Subject: Liberty Self Storage Facility PIA
RECOMMENDED ACTION
Approve and authorize the Mayor to sign the Project Improvement Agreement between the City of Ripon and Liberty Self Storage LP required for the development of the Liberty Self Storage Facility proposed to be located on Fourth Street in the undeveloped parcel next to Guntert Steel.
BACKGROUND
Liberty Self Storage LP is proposing to construct a 170,300 square foot self storage facility located at 502 E. Fourth Street (between Highway 99 and Guntert Steel).
On August 15, 2022, the Planning Commission approved the Liberty Self Storage Facility project. As part of the conditions of approval, Liberty Self Storage LP is required to enter into a Project Improvement Agreement with the City of Ripon that incorporates all work planned in the public right-of-way, and provide the necessary improvement security associated with this work.
All required submittals and development fees have been received.
DISCUSSION/ANALYSIS
As part of this project, Liberty Self Storage LP is required to complete the following improvements within the public right-of-way:
Installation of necessary asphalt paving, curb, gutter and sidewalk along all street frontages.
Cape sealing the entire street (E. Fourth Street) along the project frontage as approved by the City Engineer.
Installation of all necessary striping along E. Fourth Street across the property frontage as approved by the City Engineer.
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Installation of two streetlights.
FISCAL IMPACT
None.
Attachments:
1. PIA_Liberty Self Storage Facility_2023.3.14
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Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA)
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Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA)
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Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA)
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Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA)
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Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA)
DEPARTMENT OF PLANNING
AND ECONOMIC DEVELOPMENT
August 17, 2022
Guntert Family Real Estate, LP
222 E Fourth Street
Ripon, CA 95366
Michael Keltz
4115 E Valley Auto Drive – Ste 105
Mesa, AZ 85206
Re: Major Site Review (SR22-53) – Liberty Self-Storage - 502 E Fourth Street The City of Ripon Planning Commission on August 15, 2022 took the following action on your application:
Motion to approve the Major Site Plan Permit (SR22-53) for Liberty Self-Storage, based on the findings and subject to the conditions of the staff report, and adopts the Negative Declaration (PEA22-14) for the project.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Debra Van Essen, Commissioner
SECONDER: James West, Commissioner
AYES: Saljian, Stevenson, West, Van Essen, Collins
FINDINGS:
1. The proposed use is consistent with the goals, policies, standards, and maps of the General Plan, any applicable Master Plan, Specific Plan, Special Purpose Plan, and any other applicable plan adopted by the City.
2. Adequate utilities, roadway improvements, sanitation, water supply, drainage, and other necessary facilities have been provided, and the proposed improvements are properly related to existing and proposed roadways.
City of Ripon
259 N. Wilma Avenue • Ripon, California 95366
Phone: 209 599-2108
MAYOR
Dean Uecker
VICE MAYOR
Michael Restuccia
COUNCIL MEMBERS
Leo Zuber
Daniel de Graaf
Gary Barton
CITY ADMINISTRATOR/
CITY ENGINEER
Kevin Werner
CITY ATTORNEY
Thomas Terpstra
CITY CLERK/FINANCE DIRECTOR
Lisa Roos
DIRECTOR OF PLANNING &
ECONOMIC DEVELOPMENT
Ken Zuidervaart
DIRECTOR OF PUBLIC WORKS
James Pease
DIRECTOR OF RECREATION
Kye Stevens
EXHIBIT A
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Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA)
3. The site is physically suitable for the type of development and for the intensity of development.
4. Issuance of the permit will not be significantly detrimental to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.
5. The use is compatible with adjoining land uses.
6. The Ripon Municipal Code expressly allows for such use under certain conditions, and the project meets those conditions.
CONDITIONS:
Building Department – Todd Hatch (599-0284)
1. Demolition, construction and placement of all structures on the site will be as approved and in compliance with all applicable building, electrical and plumbing codes, and that any changes to the plans, as approved, will be re-submitted to the Planning Department for additional review and re-approval.
2. Proponent shall submit appropriate building plans and obtain all necessary building permits for any and all construction on site.
3. Proponent shall provide and install all necessary water meters and backflow prevention devices per City of Ripon Standard Specifications and Standard Details.
4. Proponent shall be required to provide an ADA path from the facilities to the public right-of-way pursuant to the California Building Code.
Engineering Department – Kevin Werner (599-0235)
5. Proponent shall enter into a Project Improvement Agreement (PIA) with the City of Ripon Engineering Department. The PIA will incorporate all right-of-way and public utility easements, improvement security, plan check and oversight fees, including general items required by the City. The PIA shall be in place prior to improvement plan review.
6. Proponent shall submit all on-site and off-site improvement plans to the City Engineering Department for review and approval prior to starting the work. All improvements shall be constructed to the latest City of Ripon Standards and City Master Plans in effect at the time of construction plan approval. The General Contractor shall obtain an encroachment
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Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) permit through the Engineering Department prior to starting any work within the City right-of-way.
7. Detailed landscape and irrigation plans for on-site landscape improvements shall be submitted to the City Engineer, Public Works Director and Director of Planning for review and approval. Landscaping and irrigation shall comply with the provisions of Ripon Municipal Code Chapter 13.06 (Water Efficient Landscape), where applicable, a non-potable service will be required. Developer shall utilize non-potable water for on-site irrigation.
8. Proponent shall develop the site in accordance with the current version of the City of Ripon Storm Water Development Standards and submit the necessary documentation to the Engineering Department. The City will charge associated fees for each Post Construction Storm Water Development Standards review. Link to Storm Water Development Standards, bottom right hand side of page:
http://www.cityofripon.org/city_hall/departments/engineering Media filters are not allowed in the City and shall not be installed. Drywells are not allowed within San Joaquin County limits.
9. Contractor performing work shall complete and submit an Erosion and Sediment Control Plan to the Engineering Department prior to beginning the work unless required to complete a Storm Water Pollution Prevention Plan per the Contractor General Permit with the State.
10. Proponent shall comply with the City Survey Monument Preservation Policy.
11. Proponent shall provide the following necessary improvements upon development of the project:
a. Proponent shall dedicate a 10’-0” PUE along all property frontages (E. Fourth Street)
b. Proponent shall improve right-of-way along their frontage for the full width of E.
Fourth Street (60’-0”), such improvements shall include but not be limited to the following:
i. Installation of necessary asphalt paving, curb, gutter and sidewalk along all street frontages.
ii. Cape sealing the entire street (E. Fourth Street) along the project frontage as approved by the City Engineer.
iii. Installation of all necessary striping along E. Fourth Street across the property frontage. Such required striping shall be as approved by the City Engineer.
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Packet Pg. 100 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) iv. Installation of two streetlights at locations to be approved by the City Engineer.
12. Proponent shall prepare and deliver a copy of the record drawings to the City Engineer prior to final acceptance of the improvements. The drawings will be an electronic version in AutoCAD and PDF formats.
13. Proponent shall design and construct a trash enclosure in accordance with City of Ripon Standard Specifications and Standard Details and shall be required to be covered with a roof structure to comply with storm water requirements. Such trash enclosure shall be designed to match the architecture of the main buildings on-site. Proponent shall provide a detailed plan for the trash enclosure to the Engineering Department and Planning Department for review and approval of the final design.
Planning Department – Ken Zuidervaart (599-0222)
14. Any signage for the facility will be under a separate permit and in accordance with local regulations.
15. Proponent shall provide heavy landscaping along E. Fourth Street and the Union Pacific Railroad right-of-way to effectively buffer the self-storage facility from the adjacent rights-of-way to reduce the opportunity for public nuisance type crimes. Such landscaping plans, depicting the buffer landscape zone shall be submitted to the Planning Director for final approval prior to installation.
16. Proponent shall ensure that all lighting on-site shall comply with the City of Ripon’s Municipal Code pertaining to lighting and glare.
17. Recreational Vehicle Storage and Vehicle Storage as defined by the Ripon Municipal Code are not allowed uses in the Heavy Industrial zoning district, the proponent shall not be allowed to store any RV’s, boats, equipment and/or semi-truck and trailers on the property.
Ripon Consolidated Fire Department– Dennis Bitters (599-4209)
18. Proponent shall comply with the standard conditions of the Ripon Consolidated Fire District, including but not limited to providing ‘knox box’ facilities (grand master keyed for all facilities), on-site hydrants, fire sprinklers for the buildings with an OSY assembly, separate control room for sprinkler controls, eight inch crash bollards, etc.
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19. Proponent shall provide civil drawings (on-site and off-site improvement plans for hydrant placement, emergency accessibility, fire lane markings, etc.) to the Ripon Consolidated Fire Department for review and approval.
20. Proponent shall provide an emergency access driveway and gate along E. Fourth Street.
Such design shall include appropriate signage and/or red curbing. Design of such emergency entrance and gate shall be as approved by the Fire Chief.
21. Proponent shall install one off-site fire hydrant on the south side of E. Fourth Street at a location as approved by the Fire Chief. Additional on-site hydrants shall be required at quantities and locations as approved by the Fire Chief.
Ripon Police Department – Ed Ormonde (599-0259)
22. Proponent shall provide a detailed lighting plan to the Chief of Police and the Planning Department for review and approval. Plan shall depict adequate lighting around the outside of the facility and site for security purposes. The lighting plan shall also include appropriate shielding as necessary in order to comply with the Ripon Municipal Code Chapter 16.156 pertaining to Lighting and Glare.
23. Proponent shall provide and install one (1) MESH Wireless Access Point and City Security Video Camera on a City street light as approved by the Chief of Police.
Miscellaneous
24. Comply with the conditions as necessary in the attached letter dated June 21, 2022 from the San Joaquin County Environmental Health Department.
25. Comply with the conditions as necessary in the attached letter dated June 30, 2022 from the Modesto Irrigation District.
26. Comply with the conditions in the attached letter dated June 13, 2022 from the San Joaquin County Multi-Species Habitat Conservation & Open Space Plan.
27. Comply with the conditions as necessary in the attached letter dated August 2, 2022 from the San Joaquin Valley Air Pollution Control District.
Environmental Analysis:
In accordance with the California Environmental Quality Act and the Guidelines, a Negative
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Packet Pg. 102 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) Declaration (PEA22-14) has been prepared for this project.
Sincerely,
THE CITY OF RIPON
Shelby DeHaven
Planning and Economic Development
Cc: Ken Zuidervaart, Director of Planning and Building
Kevin Werner City Engineer
Ed Ormonde, Police Chief
Dennis Bitters, Fire Chief
Todd Hatch, Building Official
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RIPON FIRE DISTRICT
General Conditions
1 of 4
For: General Conditions for Development
Date: 08-01-22
Supersedes: 01-01-22
Purpose: To provide general conditions for approval of projects within the jurisdiction of the Ripon Fire District. The conditions listed in this document are not intended to be all-inclusive, and the District may impose additional conditions or requirements prior to approval. Projects are required to be constructed in accordance with any and all applicable local, state and federal laws and regulations.
FIRE DEPARTMENT ACCESS
󠄀 All designated fire access routes and lanes shall be in accordance with the currently adopted codes, and as required by the District. Fire lanes will be marked in accordance with District specifications and approved by the District prior to installation. All gates located on fire access route shall be provided with means for entry as approved by the District.
󠄀 One or more Knox Key Boxes shall be installed at a location approved by the District. Ordering information for Knox Company products is available online at www.knoxbox.com 󠄀 Roof and attic access hatches shall be sized suitable for firefighters and be provided as approved by the District.
PREMISES IDENTIFICATION
󠄀 All buildings shall be provided with approved street address/suite numbers, plainly visible and legible from the street. Where a building is set back from the street or road fronting the property, and whenever an addresses may not be clearly identifiable due to distance from the street or roadway, landscape, architectural appendages or other obstructions, address posting shall be required both at the street driveway serving the building(s) and on the building(s).
Size and Height
Determined by distance to location of address as posted, measured from curb. 25 Feet 4 inch
26-40 Feet 6 inch
41-55 Feet 9 inch
Over 55 Feet 12 inch
Numbers shall be a minimum of a ¾” stroke and shall contrast with their background.
Rear of Buildings
Any business or apartment building which affords vehicular access to the rear through a driveway, alley way or parking lot, shall also display approved identification or address numbers on the rear of the building for such business or apartment building in a location approved by the Fire Chief.
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Packet Pg. 104 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA)
RIPON FIRE DISTRICT
General Conditions
2 of 4
Multiple Dwelling Units
An approved diagram of the premises which clearly indicates all individual addresses of each unit in the complex shall be erected at the entrance driveways to every multiple dwelling complex having more than one building on the premises or when required by the Fire Chief. In addition, the Fire Chief may require that individual buildings on the premises be identified in an approved manner.
Premises Identification-Multiple Buildings
An approved identification of multiple buildings within an industrial complex shall be required which clearly indicates each individual building in the complex. Identification shall be placed on each building in a size and location when required by the Fire Chief and be visible for responding emergency personal in an approved manner.
WATER SUPPLY
󠄀 Water Supplies and Fire Hydrants shall be in accordance with all current codes and specifications adopted by the District.
󠄀 Fire hydrant location, distribution and installation shall be in accordance with the current codes and specifications adopted by the District. Onsite hydrants may be required depending on access and hazards present. 󠄀 All Hydrants shall be supplied by a dedicated 8” service from the main line, unless otherwise approved by the Fire Chief. On-site systems may be required to be supplied from two directions otherwise known as “looped” systems.
FIRE CODE PLAN CHECK
󠄀 Submit 1 complete set of plans to the Ripon Fire District office located at 142 S. Stockton Ave. in Ripon, CA.
Plans for fire protection systems shall be submitted and approved prior to construction, unless other arrangements have been made and approved to by the District.
󠄀 Submit to the District a one page facility plan in PDF format for inclusion in Fire Department Pre-Fire Plan Program. Contact Fire Chief for additional information. 󠄀 Payment for all Plan Checks are due at the time of completion of the plan check process in order to receive approved plans and proceed. . Work shall not commence until approved plans are received from the District.
FIRE PROTECTION SYSTEMS
󠄀 Automatic Sprinkler Systems
Electronic plan submittal is preferred. If electronic submittal is not possible, contact via email for instructions. All plans for fire protection systems shall be submitted and approved prior to construction, unless other arrangements have been made and approved by the District in advance. All correspondence should be routed to [email protected]
System Requirements
The location of all hydrants, fire department connections, indicating valves, etc. shall be approved by the District prior to installation. All hydrants, OS&Y’s and FDC’s shall be painted for identification purposes as required by the Fire District.
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RIPON FIRE DISTRICT
General Conditions
3 of 4
All fire department connections (FDC) shall be provided with locking cap(s) to prevent tampering. The approved make and model is as follows:
KNOX Company
Locking FDC Cap
Model #3011
Ordering information for Knox Company products is available online at www.knoxbox.com All backflow and detector check assemblies shall be installed per City of Ripon specifications, and monitored with tamper switch(s). Indicating valves shall be provided with locking devices in order to lock valve(s) in open position.
All piping that is any part of an automatic sprinkler system shall meet the C 900 specification, rated at 200 psi.
Unless otherwise approved, all automatic sprinkler systems shall be supplied by a dedicated 8” connection from the main line.
Fire Department Connections (FDC) shall be located within 30 feet of an approved fire hydrant Multi-Story buildings shall provide standpipe connections on each floor for firefighting operations as approved by the District. Depending on roof configuration, a roof connection also may be required.
ALARM SYSTEMS
󠄀 Automatic Fire Suppression Systems controls shall be monitored by an approved alarm monitoring Service.
Electronic plan submittal is preferred. If electronic submittal is not possible, contact via email for instructions. All plans for fire protection systems shall be submitted and approved prior to construction, unless other arrangements have been made and approved by the District in advance. All correspondence should be routed to [email protected]
In the event that electronic submittal is not possible, three (3) sets of plans and equipment specifications shall be submitted to the District for approval prior to commencement of installation.
The following devices shall be monitored by the alarm system:
System valves - Tamper Switches
Sprinkler Risers - Flow switches
Post Indicator Valves - Tamper Switches
Manual Pull Stations
Commercial Hood & Duct Systems
COMMERCIAL COOKING OPERATIONS
󠄀 Automatic Fire Suppression Systems shall be installed for protection of commercial cooking equipment.
Electronic plans submittal is preferred, otherwise submit three (3) complete sets of plans for hood & duct systems to the Ripon Fire District Office for review and approval prior to installation.
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RIPON FIRE DISTRICT
General Conditions
4 of 4
INSPECTIONS
󠄀 Builder/Contractor is required to contact the Fire District 48 hours in advance to arrange the following on-site I inspections when required:
Fire Access Roads and Lanes
Sprinkler Systems
Fire Alarm Systems
Fire Hydrant Installation
Fire Extinguisher Placement
Special Systems
Final Occupancy Inspections
A set of stamped and approved plans shall be on-site at all times during construction.
FIRE EXTINGUISHERS
󠄀 Provide extinguishers with a minimum rating of 2A 10B:C within 75 feet of exits and for every 3000 square feet in general use areas. Placement of extinguishers shall be in compliance with currently adopted codes. In any event, placement of fire extinguishers shall meet or exceed Section 906 of the California Fire Code. 󠄀 The Fire District shall be notified prior to occupancy of the facility for the approval of the locations, type and size of each fire extinguisher. Extinguishers are required during construction, alteration or demolition of any building.
Fire Extinguishers shall be tagged by a licensed extinguisher service company prior to installation.
FEES/PERMITS
󠄀 Plan Check/Inspection Fees
Plan check/inspection fees will be charged for the following in accordance with the fee schedule adopted by the Board of Directors of the Ripon Fire District:
Fire Code Plan Check
Fire Protection Systems
Commercial Cooking Operations (Hood and Duct) Fire Protection Systems Fire Alarm Systems
A list of construction permit fees can be found on the Ripon Fire District website @ www.riponfire.com Construction permits include the cost for all inspections and certifications. 󠄀 Fire Impact Fees
Fire Impact Fees will be charged in accordance with the fee schedule on record at the City of Ripon and/or as described in the Development Agreement between the City of Ripon and the Developer. Development Fees are based on use, not zoning. Estimates of fees can be provided by the Fire District upon request.
ANNUAL OPERATING PERMIT(S)
󠄀 The California Fire Code (CFC) lists specific uses or operations that require annual operating permits. This list can be found on the District’s website located at www.riponfire.com under Fire Code Permit Fee Schedule.
PARTICIPATION IN RCFD COMMUNITY CONNECT PROGRAM
󠄀 Occupant may be required to register an account in RCFD Community Connect Program for specific pre-arrival and pre-planning information.
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Packet Pg. 107 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) From: Tajiri, Joshua
To: Shelby DeHaven
Subject: Re: Project Review Notice - SR22-53 - 502 E Fourth Street Date: Friday, June 10, 2022 6:34:14 AM
Attachments: image.png
Outlook-cgfzvl0a.png
Shelby,
Frontier's facilities lie south of the new development lot underground. Let me know if you have any questions.
Joshua Tajiri | Senior Network Engineer
M 408-607-3202 | Manteca,CA
[email protected]
From: Shelby DeHaven <[email protected]>
Sent: Thursday, June 9, 2022 4:26 PM
To: Aleman, Alberto <[email protected]>; Alurel Boyd <[email protected]>; carla rodriguez
1.4.A.a
Packet Pg. 108 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) <[email protected]>; Souza, Chad <[email protected]>; Dawn @ SSJID <[email protected]>; Dennis Bitters Forward <[email protected]>; Dr. Ziggy Robeson <[email protected]>; Ed Ormonde <[email protected]>; Environmental Health Dept <[email protected]>; Elms, Eric <[email protected]>; Forrest Killingsworth <[email protected]>; E911AddressDatabase <[email protected]>; Grace Luke <[email protected]>; Isaiah Anderson - SJCOG <[email protected]>; Jacob Andresen <[email protected]>; James Pease <[email protected]>; Jose Molina - Assessor's Office <[email protected]>; Tajiri, Joshua <[email protected]>; Ken Zuidervaart <[email protected]>; Lien Campbell - MID <[email protected]>; Linda Fischer <[email protected]>; Lori Wilson Post Office <[email protected]>; Lozeau Drury LLP <[email protected]>; Lozeau Drury LLP <[email protected]>; Lozeau Drury LLP <[email protected]>; Newell, Justin PG&E <[email protected]>; PGE Plan Review <[email protected]>; Rafedah Carella <[email protected]>; Sanchez, Robert <[email protected]>; Sarah Collins <[email protected]>; McDonald, Stephen <[email protected]>; Swearingen, Joshua B@DOT <[email protected]>; Todd Hatch <[email protected]>; Valley Air <[email protected]> Subject: Project Review Notice - SR22-53 - 502 E Fourth Street WARNING: External email. Please verify sender before opening attachments or clicking on links.
Hello All,
Please find attached project review notice for SR22-53. Applicant is requesting a Major Site Review for new construction of a self-storage facility.
Comments can be emailed to Ken Zuidervaart – [email protected] or Shelby DeHaven – [email protected]. Let me know if you need any more info. Thanks! Shelby DeHaven
City of Ripon
(209) 599-2108
Office Hours: Mon – Thurs , 7:30am – 5:30 pm
REMINDER: The office is CLOSED on Fridays.
WARNING: This communication and its inclusions may contain confidential and/or legally privileged information. It is solely for the use of the intended recipients(s). If you are not the
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Packet Pg. 109 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) kiFOlzt?'",
Muniappa Naidu, REHS, Assistant Director
PROGRAM COORDINATORS
Robert McClellan, REHS
Jeff Carruesco, REHS, RDI
Willy Ng, REHS
Steven Shih, REHS
Michelle Henry, REHS
Elena Manzo, REHS
, Greatness grows here.
June 21, 2022
SAN JOAQUIN Environmental Health Department
COUNTY Jasjit Kang, REHS, Director
To: City of Ripon Department of Planning and Economic Development From: Aaron Gooderham (209) 616-3062
Registered Environmental Health Specialist
RE: Major Site Review (SR22-53), Referral, SU0015000
502 E. Fourth Street, Ripon
The San Joaquin County Environmental Health Department (EHD) is supportive of this project in regards to the provision of full public services.
1. Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department (San Joaquin County Development Title, Section 9- 1115.3 and 9-1115.6).
1868 E. Hazelton Avenue I Stockton, California 95205 I T 209 468-3420 I F 209 464-0138 I www.sjgov.org/ehd
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Packet Pg. 110 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) 1231 Eleventh St.
P.O. Box 4060
Modesto, CA 95352
(209) 526-7373
June 30, 2022
City of Ripon – Department of Planning and Economic Development 259 N. Wilma Ave.
Ripon, CA 95366
RE: Major Site Review (SR22-53) – Liberty Self Storage
APN: 259-360-33 (502 E. Fourth St., Ripon, CA)
Thank you for allowing the District to comment on this referral. Following are the recommendations from our Electrical, Irrigation and Domestic Water Divisions:
Irrigation
• MID has no Water Operations facilities in the proposed project vicinity.
Domestic Water
• No Comments at this time.
Electrical
• The attached drawing shows the approximate location of the District’s existing electrical facilities within or adjacent to the project area.
• High voltage is present within and adjacent to the project area. This includes 69,000 volts overhead transmission, 17,200 volts overhead primary, as well as overhead secondary facilities, and an overhead fiber optic cable. Use extreme caution when operating heavy equipment, using a crane, ladders, scaffolding, handheld tools, or any other type of equipment near the existing MID electric lines and cables. Workers and equipment should always maintain a distance no less than 10 feet from overhead facilities. Assume all overhead electric facilities are energized.
• The contractor shall verify actual depth and location of all underground utilities prior to start of construction. Notify "Underground Service Alert" (USA) (Toll Free 800-227-2600) before trenching, grading, excavating, drilling, pipe pushing, tree planting, post-hole digging, etc. USA will notify all utilities to mark the location of their underground facilities. • MID requires that any trenching maintain a 1:1 horizontal distance from any existing pole, determined by the depth of the trench. If trenching encroaches on this requirement, the Contractor needs to contact the MID Electric Engineering Department to brace any effected poles during the trenching process. The cost of any required pole bracing will be assumed by the requesting party. Estimates for bracing any existing poles will be supplied upon request.
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Packet Pg. 111 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) City of Ripon
Referral Letter: 502 E. Fourth St.
June 30, 2022
• MID easements for protection of overhead and underground electrical facilities are required. MID overhead secondary cable shall be protected by a minimum 20’ wide easement centered on the overhead cable. Overhead primary cable shall be protected by a minimum 30’ wide easement centered on the overhead cable. MID underground secondary cable shall be protected by a minimum 5 foot. wide easement centered on the underground cable. MID underground primary cable shall be protected by a minimum 10 foot. wide easement centered on the underground cable. When underground cable is not located in the Road Right of Way or within the PUE along the street frontage a MID easement is required to protect the existing underground electrical facilities and maintain necessary safety clearances.
• The District's Electric Engineering Department is concerned about construction dirt/dust falling on MID electric facilities at the MID Stockton Substation during the construction phase of this project. The MID high voltage electric facilities require protection from dirt/dust. Do not dig new utility trenches, grade, level or dig building foundations without effective construction dust control measures in place. Windblown dirt/dust on electric facilities at the MID Stockton Substation may cause a power outage. • Please contact Modesto Irrigation District at (209) 526-7337 or (888) 335-1643 and ask for the Electrical Engineering Design Group if additional information is required.
The Modesto Irrigation District reserves its future rights to utilize its property, including its canal and electrical easements and rights-of-way, in a manner it deems necessary for the installation and maintenance of electric, irrigation, agricultural and urban drainage, domestic water and telecommunication facilities.
These needs, which have not yet been determined, may consist of poles, crossarms, wires, cables, braces, insulators, transformers, service lines, open channels, pipelines, control structures and any necessary appurtenances, as may, in District’s opinion, be necessary or desirable.
If you have any questions, please contact me at (209) 526-7447.
Sincerely,
Lien Campbell
Risk & Property Analyst
Copy: File Lien Campbell
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Packet Pg. 112 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) APP. BY:
TAG NO: XXXDATE: 06/10/2022
APP. BY:PAGE: 1 OF 1
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Choose a custom property MID - ELECTRIC
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Packet Pg. 113
Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) S J C O G, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438 San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)
SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.
To: Ken Zuidervaart, City of Ripon, Community Development Department From: Laurel Boyd, SJCOG, Inc. Phone: (209) 235-0574 Email: [email protected] Date: June 13, 2022
-Local Jurisdiction Project Title: Major Site Review (SR22-53) Assessor Parcel Number(s): 259-360-33
Local Jurisdiction Project Number: SR22-53
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Multi-Purpose Open Space Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist.
Dear Mr. Zuidervaart:
SJCOG, Inc. has reviewed the project referral for the Major Site Review (SR22-53). This project consists of the construction of a 170,300 square foot self-storage facility with a 1,000 square foot office, 4 parking stalls and landscaping to cover 15% of the parcel. The vacant parcel is 7.82 acres and is located in the M2 (Heavy Industrial) district. The project site is located at 502 E. Fourth Street, Ripon (APN: 259-360-33).
The City of Ripon is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts, and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.
This Project is subject to the SJMSCP. This can be up to a 30 day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org
Please contact SJMSCP staff regarding completing the following steps to satisfy SJMSCP requirements:
▪ Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance ▪ SJMSCP Incidental take Minimization Measures and mitigation requirement:
1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.
2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.
3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.
4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.
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Packet Pg. 114 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) 2 | S J C O G , I n c .
Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. ▪ Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.
If you have any questions, please call (209) 235-0600.
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Packet Pg. 115 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) 3 | S J C O G , I n c .
S J C O G, Inc.
San Joaquin County Multi-Species Habitat Conservation & Open Space Plan 555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438
SJMSCP HOLD
TO: Local Jurisdiction: Community Development Department, Planning Department, Building Department, Engineering Department, Survey Department, Transportation Department, Other: ___________
FROM: Laurel Boyd, SJCOG, Inc.
DO NOT AUTHORIZE SITE DISTURBANCE
DO NOT ISSUE A BUILDING PERMIT
DO NOT ISSUE __________ FOR THIS PROJECT
The landowner/developer for this site has requested coverage pursuant to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). In accordance with that agreement, the Applicant has agreed to:
1) SJMSCP Incidental Take Minimization Measures and mitigation requirement:
1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs.
If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.
2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.
3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.
4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.
Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.
Project Title: Major Site Review (SR22-53)
Assessor Parcel #s: 259-360-33
T _______, R______, Section(s): _____
Local Jurisdiction Contact: Ken Zuidervaart
The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP.
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Packet Pg. 116 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) August 2, 2022
Ken Zuidervaart
City of Ripon
Department of Planning
259 N. Wilma Ave
Ripon, CA 95366
Project: SR22-53
District CEQA Reference No: 20220807
Dear Mr. Zuidervaart:
The San Joaquin Valley Air Pollution Control District (District) has reviewed the project referenced above from the City of Ripon (City). The project consists of constructing a 170,300 square foot self-storage facility with 1,000 square foot office, four parking stalls, and landscaping located on 7.82 acres (Project). The Project is located at 502 E Fourth Street in Ripon.
The District offers the following comments regarding the Project:
Project Related Emissions
Based on information provided to the District, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI):
https://www.valleyair.org/transportation/GAMAQI.pdf.
Construction Emissions
The District recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment.
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Packet Pg. 117 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) San Joaquin Valley Air Pollution Control District Page 2 of 5 District Reference No: 20220807
August 2, 2022
Clean Lawn and Garden Equipment in the Community
Since the Project consists of commercial development, gas-powered commercial lawn and garden equipment have the potential to result in an increase of NOx and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm and http://valleyair.org/grants/cgym-commercial.htm.
On-Site Solar Deployment
It is the policy of the State of California that renewable energy resources and zerocarbon resources supply 100% of retail sales of electricity to California end-use customers by December 31, 2045. While various emission control techniques and programs exist to reduce air quality emissions from mobile and stationary sources, the production of solar energy is contributing to improving air quality and public health. The District suggests that the City consider incorporating solar power systems as an emission reduction strategy for the Project.
Electric Vehicle Chargers
To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and project proponents install electric vehicle chargers at project sites, and at strategic locations.
Please visit www.valleyair.org/grants/chargeup.htm for more information.
District Rules and Regulations
The District issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A project subject to District rules and regulations would reduce its impacts on air quality through compliance with the District’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to District permitting requirements and processes.
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Packet Pg. 118 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) San Joaquin Valley Air Pollution Control District Page 3 of 5 District Reference No: 20220807
August 2, 2022
The list of rules below is neither exhaustive nor exclusive. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. To identify other District rules or regulations that apply to future projects, or to obtain information about District permit requirements, the project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (209) 557-6446.
District Rules 2010 and 2201 - Air Quality Permitting for Stationary Sources
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District. District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).
This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the project proponent may contact the District’s SBA Office at (209) 557-6446.
District Rule 9510 - Indirect Source Review (ISR)
The Project is subject to District Rule 9510 because it will receives a projectlevel discretionary approval from a public agency and will equal or exceed 2,000 square feet of commercial space.
The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their projects. Should the proposed development project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive projects to achieve off-site emissions reductions.
Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for project-level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the project proponent to immediately submit an AIA application to the District to comply with District Rule 9510. One
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August 2, 2022
AIA application should be submitted for the entire Project. It is preferable for the applicant to submit an AIA application as early as possible in the City’s approval process so that proper mitigation and clean air design under ISR can be incorporated into the City’s analysis.
Information about how to comply with District Rule 9510 can be found online at:
http://www.valleyair.org/ISR/ISRHome.htm.
The AIA application form can be found online at:
http://www.valleyair.org/ISR/ISRFormsAndApplications.htm.
District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].
District Rule 4002 (National Emissions Standards for Hazardous Air Pollutants)
In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at:
http://www.valleyair.org/busind/comply/asbestosbultn.htm.
District Rule 4601 (Architectural Coatings)
The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs.
The purpose of this rule is to limit VOC emissions from architectural coatings.
In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
http://www.valleyair.org/rules/currntrules/r4601.pdf
District Regulation VIII (Fugitive PM10 Prohibitions)
The project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.
Should the project result in at least 1-acre in size, the project proponent shall provide written notification to the District at least 48 hours prior to the project proponents intent to commence any earthmoving activities pursuant to District
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Packet Pg. 120 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) San Joaquin Valley Air Pollution Control District Page 5 of 5 District Reference No: 20220807
August 2, 2022
Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the project result in the disturbance of 5- acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.
The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm Other District Rules and Regulations
The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).
District Comment Letter
The District recommends that a copy of the District’s comments be provided to the Project proponent.
If you have any questions or require further information, please contact Patrick Chimienti by e-mail at [email protected] or by phone at (559) 230-6139.
Sincerely,
Brian Clements
Director of Permit Services
For: Mark Montelongo
Program Manager
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Packet Pg. 122 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA)
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Packet Pg. 123 Attachment: PIA_Liberty Self Storage Facility_2023.3.14 (3782 : Liberty Self Storage Facility PIA) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 04/11/2023
Subject: Request for Proposals - City's 6th Cycle Housing Element RECOMMENDED ACTION:
Authorize staff to issue a Request for Proposals (RFP) to contract a planning consultant to prepare the City of Ripon’s 6th Cycle Housing Element update.
BACKGROUND:
Since 1969, the State of California has required all cities and counties adequately plan to meet the housing needs of the community. Cities comply with this requirement by updating their housing elements on regular cycles defined by the State. The housing element is part of the City’s General Plan which is the long-range planning document delineating how the city will evolve and develop in the future.
The City’s existing Housing Element for the 5th Cycle (2015-2023) planning period was adopted by the Ripon City Council on April 12, 2016, and certified by the State of California Department of Housing and Community Development (HCD) on August 29, 2016. The City’s existing Housing Element is available on the City’s website at: https://cdnsm5- hosted.civiclive.com/UserFiles/Servers/Server_1080027/File/City%20Hall/City%20Government /Documents/Development/Resolution%2016-24%20Housing%20Element.pdf The 6th Cycle Housing Element is due to HCD by December 31, 2023. Staff plans to publish this RFP for the update of Ripon’s Housing Element immediately to elicit interest from qualified planning consultants.
DISCUSSION/ANALYSIS:
The update to the City’s Housing Element will include the following: (1) analysis of the effectiveness of existing housing programs, goals, and policies; (2) the production of housing units at all income categories and identify any potential barriers to housing production; (3) housing characteristics; (4) housing needs assessment; (5) constraints on housing; (6) regional
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housing needs assessment (RHNA); (7) updated opportunity sites inventory based on RHNA; (8) compliance with recently adopted legislation related to housing elements; and (9) the review of current General Plan policies to determine internal consistency and compliance with newly adopted legislation. The full scope of work for the City’s Housing Element Update which will be incorporated in the RFP is included as Attachment 1 - City of Ripon 6th Cycle Housing Element RFP.
A city’s housing needs are determined through a process called the Regional Housing Needs Assessment (RHNA). The State of California Department of Housing and Community Development (HCD) is responsible for assessing the Regional Housing Need Determination (RHND) for each region’s Council of Governments (COG). The City of Ripon participates in the San Joaquin Council of Governments (SJCOG) which includes all jurisdictions within San Joaquin County. HCD assigns RHND units to each COG by applying a formula based on demographic and population information from the California Department of Finance. Each COG is then required to develop a RHNA methodology to distribute the regional housing allocation to local jurisdictions.
Once each jurisdiction is allocated their RHNA units, the jurisdictions are required to update their housing elements and identify sites to accommodate the units under current zoning. If the RHNA units cannot be accommodated under the current zoning, the housing element must identify areas to be rezoned to ensure appropriate densities to accommodate all the units assigned to the jurisdiction.
Housing law establishes factors to use in the RHNA allocation methodology. The methodology must address allocation of housing units by jurisdiction, housing units by income group, and must address 12 housing‐related factors. The 12 RHNA factors for consideration when creating a distribution methodology include:
1. Jobs and Housing Relationship
2. Opportunities and constraints to development of additional housing, including capacity for sewer and water service, availability of land suitable for development, lands preserved or protected from development, and county policies to preserve prime agricultural land.
3. Opportunities to maximize transit and existing transportation infrastructure
4. Policies directing growth toward incorporated areas
5. Loss of units contained in assisted housing developments
6. High housing cost burdens
7. Rate of Overcrowding
8. Housing needs of farmworkers
9. Housing needs of UC and Cal State students
10. Loss of units during an emergency
11. SB 375 Greenhouse Gas Reduction Targets
12. Other factors adopted by Council of Governments (COGs) In July of 2022 SJCOG passed a resolution adopting the Draft Regional Housing Needs Allocation (RHNA) for the 6th Cycle Housing Element for all jurisdictions within San Joaquin
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County. The 6th Cycle significantly increased the amount of housing a region must accommodate. This increase was due to recent legislative changes (SB 828 (2018), AB 1771 (2018), and AB 686 (2018)), which altered HCD RHNA determinations in the following ways:
Adjusts RHNA up by setting a target “healthy” vacancy rate of no less than 5%; Adjusts RHNA up by accounting for existing overcrowding and redistributing overcrowding into new housing units;
Adjusts RHNA upwards based on comparing the difference in cost‐ burden, by income group, for the region to the cost burden by income group for comparable regions, and adjusting the very‐low and low income housing need upwards accordingly;
Prohibits the use of previous underproduction of housing or stable population growth to reduce housing development goals;
Requires RHNA methodologies to promote fair housing, and reduce income and racial segregation when allocating housing of various income types.
SJCOG was assigned 40,360 units in the 5th cycle. In the 6th housing cycle, the required units increased to 52,719. These increases are typical throughout the State of California.
Based on approved methodology by SJCOG and concurrence from HCD the City of Ripon was allocated 1,424 units for the 6th Cycle Housing Element as compared to 1,480 units for the City’s current 5th Cycle Housing Element. The only slight difference between the 5th Cycle RHNA numbers and the 6th Cycle RHNA numbers is the number of units required for each income category.
5 th Cycle (current) 6th Cycle (proposed)
Extremely Low Income 154 155
Very Low Income 154 156
Low 215 254
Moderate 231 263
Above Moderate 726 596
The amount of units Ripon received in this 6th Cycle is 2.7% of the total units allocated to San Joaquin County. In comparison Ripon’s population represents 2.04% of the total population of San Joaquin County.
Schedule: All jurisdictions are required to submit the 6th Cycle Housing Elements to HCD by December 31, 2023. Due to constraints on availability of consultants it will likely be difficult to meet the State’s December deadline, however staff will not know for certain until we receive responses on our RFP. The City’s tentative schedule for the RFP is as follows:
Publish RFP April 12, 2023
RFP Deadline May 31, 2023
Select Consultant June 13, 2023 City Council Meeting
Notice of Intent to Proceed no later than June 30, 2023
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FISCAL IMPACT:
The City of Ripon received a REAP grant through SJCOG for $45,713 that can be used for the Housing Element Update. Cost beyond the $45,713 will be covered through the City of Ripon’s affordable housing fund. Based on conversation with other local jurisdictions, the likely prices will be in the range of $110K to $140K.
Attachments:
1. Attachment 1 - City of Ripon 6th Cycle Housing Element RFP
2. Appendix A - Professional Services Agreement
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REQUEST FOR PROPOSAL
FOR
Consultant Services and Preparation of
6 th Cycle Housing Element Update
(December 31, 2023 – December 31, 2031)
City of Ripon
Planning Department
259 N. Wilma Avenue, Ripon, California 95366
Phone: 209-599-2108
[email protected]
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Packet Pg. 128 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP
GENERAL INFORMATION
RFP ISSUED: April 12, 2023
RFP RESPONSE DUE DATE: May 31, 2023, 3:00 p.m.
CONTACT PERSON: Ken Zuidervaart
Director of Planning, Building and Economic Development PHONE: (209) 599-2108
EMAIL: [email protected]
SUBMIT TO: [email protected]
POTENTIAL CONTRACT AWARD DATE: June 13, 2023
Questions regarding this RFP may be submitted to Ken Zuidervaart, Director of Planning, Building and Economic Development, via email at: [email protected] Questions will be accepted through May 15, 2023, and the City will post responses to questions on the City of Ripon Website. Applicants wishing to receive responses to questions directly may submit a request to the Planning Director to receive all inquiries and City responses.
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Packet Pg. 129 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP City of Ripon
Request for Proposals
The City of Ripon (“City”) seeks proposals from qualified consultants or consultant teams to prepare an update of the City’s Housing Element for the 2023-2031 Regional Housing Needs Allocation (“RHNA”) planning period (June 30, 2023 –December 31, 2031), related rezonings (optional task if necessary), and environmental review as required under State law.
Background
Officially incorporated in 1945, Ripon is a distinctive Central Valley community along the Stanislaus River, located between Manteca and Modesto on Highway 99. Ripon is a compact city surrounded by almond and walnut orchards, with a revitalized historic downtown and attractive neighborhoods. Because of its charm and small-town atmosphere, Ripon is viewed as the “Jewel” of San Joaquin Valley and remains the preferred residential choice for many residents of the greater San Joaquin County region, and an increasing draw for employers.
Ripon has a population of 15,979 (2022 State Dept. of Finance) and approximately 5,700 households. Ripon is centrally located on Highway 99 linking the San Francisco Bay Area in the west and the Sierra Nevada and foothills to the east. The San Francisco Bay Area is an hour to the west and Sacramento is an hour to the north. The City encompasses approximately 5 square miles.
The City’s original General Plan was adopted in 1988 and a comprehensive update was completed in September 2006. The existing 5th Cycle Housing Element was adopted by the City Council and certified by the State Housing and Community Development Department in 2016.
1. Required Services
The City is seeking a knowledgeable and creative consultant or consultant team to prepare the update of the City’s existing Housing Element in conformance with the State of California’s mandated 6th Cycle Housing Element Planning Period (December 31, 2023 to December 31, 2031), provide support related to any required rezoning (optional task if necessary), and prepare any required environmental reviews analyses and/or environmental review documents as required under State law.
The specific tasks required for the project include Tasks 1 through 9.
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Packet Pg. 130 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP Task 1. PROJECT INITIATION
Task 1.1 Kick-Off Meeting
The consulting team will schedule a kick-off meeting with City staff to discuss and refine the scope of services and project schedule. The schedule will address all major stages of the project:
• Identification of milestones, meetings and workshops, and deliverables. • Discuss potential approaches to address assigned RHNA • Discuss relevant State Housing Laws which impact City’s Housing Element Update • Discuss Initial Suggestions for new programs or revisions • Public outreach approach, including number and timing of workshops, meetings, and hearings. Additionally, media/technology and methods for outreach (e.g. Zoom, Goto-Meeting, Microsoft Teams, Survey Monkey, dedicated Housing Element webpage) • Delivery of findings and analysis during development of the housing needs data.
Potential use of Info-graphics and Technology to enhance comprehension. • City staff review periods for each deliverable.
• Opportunities to facilitate HCD review.
• Response to HCD review.
Task 1.2 Project Management
This task covers communication and coordination between the consultant and City staff, including bi-weekly check-in meetings, milestone meetings, phone conferences, email exchanges, and other communications to ensure timely delivery and adoption of the updated housing element. Proposals should identify how the consultant team will facilitate regular communication with staff; methods to ensure the project remains on schedule and within budget; and strategies for quickly resolving issues that arise. Describe practices to ensure clear and timely communication and effective project coordination.
TASK 2. REVIEW OF PREVIOUS HOUSING ELEMENT
Task 2.1 Review Previous Housing Element
The consultant will determine the status, effectiveness, and appropriateness of the current housing programs and review the City’s past Housing Element Annual Progress Reports (“APRs”).
Consultant will gather and document all available information regarding specific accomplishments. Findings from the evaluation could be detailed in a matrix to be included in the draft Housing Element and used as a basis for recommended program revisions.
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Packet Pg. 131 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP TASK 3. HOUSING ELEMENT PREPARATION
Task 3.1 Needs Analysis
The consultant will update the needs analysis pursuant to Government Code Section 65583 with data from the HCD preapproved data packet, 2020 U.S. Census data, American Community Survey, and other relevant sources. Consultant will coordinate with staff to develop a current housing inventory and evaluate housing conditions using state-approved criteria. In furtherance of this task, Consultants may use preapproved data packages from HCD or the San Joaquin County Council of Governments (“COG”) to help update this section of the Housing Element.
The updated needs analysis will include the following.
Population and Demographics: Population trends and projections, race and ethnicity, and population age.
Household Characteristics: Number, size, and type of existing households and characteristics of lower-income households (including extremely low). Employment and Income: Employment by industry, occupation of employed residents, and income trends.
Housing Stock Characteristics: Housing types and conditions, overcrowded households, and vacancy rates.
Housing Costs and Affordability: Home sale price trends, rental costs, affordability for households at all income levels, and overpayment.
Special Housing Needs: Special housing needs of persons with disabilities (including persons with developmental disabilities), seniors, large households, and female-headed households.
At-Risk Housing: Inventory and analysis of existing affordable units at risk of converting to market rate during the planning period.
Opportunities for Energy Conservation: Pursuant to Senate Bill (“SB”) 375 and Assembly Bill (“AB”) 32, an inventory and analysis of opportunities to encourage the incorporation of energy-saving features, energy-saving materials, and energy-efficient systems and design for residential development.
Task 3.2 Fair Housing Assessment
AB 686 requires each City or County to take actions to overcome patterns of segregation, address disparities in housing needs and access to opportunity, and foster inclusive communities.
The consultant will need to include an assessment of fair housing practices, examine the relationship of available sites in the City to areas of high opportunity, and include recommended actions to affirmatively advance fair housing. The California Tax Credit Allocation Committee/HCD Opportunity Maps shall be included and are intended to display the areas, according to research, that offer low-income children and adults the best chance
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Packet Pg. 132 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP at economic advancement, high educational attainment, and good physical and mental health.
The Consultant, while preparing the Fair Housing Assessment, shall also consider and review for the U.S. Department of Housing and Urban Development Affirmatively Furthering Fair Housing criteria, any applicable data for San Joaquin County and utilize any data that is available for the City of Ripon under the Fair Housing Assessment. Additionally, it is expected that the consultant team will solicit input and conduct outreach to Fair Housing Agencies and non-profits serving Ripon and San Joaquin County, in addition to referencing HCD’s Memo “Affirmatively Furthering Fair Housing Guidance for All Public Entities and for Housing Elements” (April 2021 update) prior to the preparation of the Housing Element Draft. This document can be found here:
https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27- 2021.pdf
Task 3.3 Sites Inventory and Analysis of Resources
Sites Inventory and Regional Housing Needs Assessment (RHNA) Analysis. The consultant team will prepare the sites inventory section of the Housing Element, demonstrating how the City will satisfy its RHNA in each income category. This includes identifying safe assumptions, evaluating each site’s development potential and suitability for housing of all income levels, documenting development/market trends, past patterns, available infrastructure to support development, analyzing potential policy strategies to increase site capacity, any HCD recommended percentage of “buffer” units and demonstrating development viability of each site (per State law). When preparing the land inventory of potential housing opportunity sites, the Consultant shall reference HCD’s “Housing Element Site Inventory Guidebook” (June 10, 2020) and ensure that the prepared housing inventory complies with the requirements of AB 686. This document is available here:
https://www.hcd.ca.gov/community-development/housingelement/docs/sites_inventory_memo_final06102020.pdf Task 3.4 Rezoning
The consultant shall work with jurisdiction staff to identify potential areas for rezoning, if the sites analyses determine it is necessary. This must include consideration of the State requirement for maintaining an adequate inventory of housing sites throughout the eight year planning period, required density ranges, and an appropriate number of buffer sites to ensure “No Net Loss” of housing production capacity.
The City expects the consultant to evaluate the City’s existing inventory of vacant and developed land within its city limits, existing uses, allowed uses, potential for development,
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Packet Pg. 133 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP and the respective land use and zoning designations in order to formulate a recommendation on any potential rezoning to increase densities, change land use designations to allow residential or mixed uses, intensify land use, or propose potential overlay zoning to facilitate housing production. Any annexations, recommended by the consultant must be consistent with HCD’s requirements and satisfy LAFCo considerations.
Task 3.5 Electronic Housing Element Site Inventory Form Pursuant to SB 6 (Chapter 667, Statutes of 2019), jurisdictions adopting their Housing Element on or after January 1, 2021, must prepare and submit an electronic copy of the final sites inventory to HCD using pre-approved Excel spreadsheets. It is anticipated that the consultant will prepare the necessary submittals on behalf of the City using the downloadable Housing Element Sites Inventory Form available at:
https://www.hcd.ca.gov/community-development/housingelement/docs/site_inventory_template09022020.xlsm Task 3.6 Financial and Programmatic Resources
The consultant shall update the Housing Elements current list of financial, physical, and programmatic resources available to the City of Ripon for affordable housing programs, including local and state funding programs and private-sector resources. HCD has a sample Housing Element Financial and Programmatic Resources Table available for reference at the link below:
https://hcdcagov.app.box.com/s/mwnoaupw15aq9v0ebpqadchfs5f4hgqb Task 3.7 Housing Constraints
The consultant will update the analysis of potential and actual governmental and nongovernmental constraints to meeting housing needs, including constraints to the maintenance, improvement, and development of housing (pursuant to Government Code Section 65583(a)(4,5)). Potential constraints to be reviewed include any land use controls, fees and exactions, permit processing procedures, building codes and code enforcement, land and construction costs, and the availability of financing. As a result of the analysis update, the consultant will identify potential recommended programs and strategies to reduce or remove identified constraints.
Task 3.8 Housing Goals, Policies, and Quantified Objectives The consultant will work with City staff to update goals, policies, programs, and quantified objectives (pursuant to Government Code Sections 65583 et seq.) to address identified housing needs and constraints based on the effectiveness and continued appropriateness of
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Packet Pg. 134 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP existing programs, information received through public outreach, the analysis of constraints, and findings from the needs assessment. It is anticipated that the consultant will prepare separate tables or exhibits specifically addressing quantified objectives related to the production, preservation, and rehabilitation of housing during the planning period and separate program exhibits.
All programs must include specific steps, a specific time frame for implementation, identify the department, agencies or officials responsible for implementation, describe the jurisdiction’s specific role in implementation, and identify specific, measurable outcomes.
All programs will address:
All new state requirements since adoption of the City’s existing Housing Element. Consistency and compliance with the rest of the General Plan elements and community goals.
Provision of adequate housing sites and infrastructure to meet the fair share of the regional housing need.
Assistance in the development of affordable housing.
Promotion of the development of accessory dwelling units. Preservation and improvement of existing affordable housing. Mitigation of any governmental constraints to providing and improving housing. Special housing needs of the elderly, persons with disabilities, extremely low-income residents, persons experiencing homelessness, and other special housing needs. Affirmatively furthering fair housing.
TASK 4. PREPARE AND FINALIZE HOUSING ELEMENT
Task 4.1 Administrative Draft
The Consultant shall initially prepare a formatted Administrative Draft Housing Element (“Admin Draft”) as an electronic copy in Microsoft Word for staff to review.
Task 4.2 Public Review Draft
The consultant will prepare a Public Review Draft Housing Element (“Public Draft”) based on City staff’s comments on the Admin Draft. The consultant will provide the Public Draft for staff to post to the City’s website prior to submittal to HCD and email interested parties when the Public Draft is available for review. The consultant will document the date the Public Draft was made available for review to the public.
Task 4.3 HCD Public Review Draft
Following all initial community outreach workshops and meetings, the consultant will prepare summary notes or minutes of the community workshop and a summary of all other comments received during the public review period. Considering input received at the community workshop
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Packet Pg. 135 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP and any other input received during the public comment period, the consultant, in consultation with City staff, will revise the Public Draft to create the Draft Housing Element for submission to HCD (“Draft Housing Element”).
Once the Draft Housing Element is finalized, the City will hold all required meetings and necessary approvals and it will be submitted for an initial 60-day review by HCD. The consultant will prepare a transmittal letter to HCD detailing how the Draft Housing Element meets State law requirements. The consultant shall review HCD’s “Completeness Review Checklist,” available on HCD’s website and ensure that the submittal comports to HCD’s requirements. The checklist is available here:
https://www.hcd.ca.gov/community-development/housingelement/docs/housing%20element%20completeness%20checklist.pdf Task 4.4 Adopted Final Housing Element
The consultant shall prepare a final Housing Element that incorporates any changes to the Draft Housing Element from staff, HCD, or public comments received. The consultant shall anticipate at least two 60-day review periods by HCD.
TASK 5. STATE CERTIFICATION
The consultant in support of City staff or any other City authorized representatives should act as a liaison to HCD. This service will include:
Submittal of the initial Draft Housing Element to HCD (60-day review). Calls and emails with HCD staff to discuss comments.
Consideration of incorporation of HCD’s requested revisions and submittal of a revised draft (60- day review)
Submission of the final draft to HCD for review and approval (90-day review).
TASK 6. COMMUNITY OUTREACH
The consultant team shall develop a program that effectively reaches, educates, and engages the community throughout the Housing Element update. This should include strategies to ensure broad inclusion, particularly of hard-to-reach groups and special needs populations. Outreach is expected to begin early in the process and continue throughout for feedback on important topics, such as draft ideas, site options, the Draft Housing Element, and environmental reviews.
Consultant should lead the engagement as well as write a summary of the work.
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Packet Pg. 136 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP TASK 7. PUBLIC HEARINGS
The consultant team should prepare to assist with public hearings— at least two hearings each to present the Draft Housing Element to the Planning Commission and City Council prior to submitting the Housing Element to HCD, and one public hearing with the Planning Commission and City Council for adoption after incorporating revisions required by HCD.
TASK 8. ENVIRONMENTAL REVIEW
It is anticipated that the appropriate California Environmental Quality Act (CEQA) documentation will be a Notice of Exemption, however the consultant team shall prepare a brief Initial Study, post, and file all the appropriate environmental documents for compliance with the California Environmental Quality Act (CEQA). Should further CEQA documentation be required, the City of Ripon will negotiate for the additional environmental review through a change order to the contract. In addition, the Consultant will be responsible for preparing all notices and mailings for SB 18 and AB 52.
TASK 9. REVIEW GENERAL PLAN FOR CONSISTENCY
The consultant shall review and identify amendments for sections of the City’s General Plan, Municipal Code and other adopted plans/regulations that may need to be amended to be consistent with the 2023-2031 Housing Element.
2. Proposal Requirements
The proposal shall be based on and incorporate all of the provisions identified in this Request for Proposals (RFP). The proposal should be submitted in a format that can readily be incorporated into the City’s standard form Professional Services Agreement (Appendix A) including Project Description, Scope of Services, Duties of Consultant, Duties of the City, Fees and Payment, Timing and Schedule for Completion. Generally, the proposal should include the information specified below. The consultant is encouraged to include any additional items deemed desirable or necessary.
Approach and Work Program. The consultant shall describe an overall approach to the project work program for accomplishing the project objectives, specific techniques to be used, and specific administrative and operational management expertise which would be employed.
Exceptions. Any exceptions to the scope of work or Professional Services agreements shall be detailed in the proposal.
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Packet Pg. 137 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP Schedule. Proposals should provide a detailed schedule for the completion of services.
Timeframes should be stated in terms of the number of calendar days or weeks required to complete the specified tasks using the City’s notice to proceed as the start date. The schedule should identify the periods as the total elapsed time from the start date. The schedule should track the independent timing for each of the different documents to be developed, reviewed, and adopted.
The schedule should include a rough outline of the community meetings and public hearings to be included in the process.
Costs. Proposals should include costs for the completion of each major task in the work program.
Each task should clearly identify the consultant team member who will be primarily responsible for completing the task. This section should include billing and expense reimbursement rates.
Costs shall be submitted in a not-to-exceed maximum amount for all work. Indicate hourly rates of individuals involved, number of hours for each component, task or product and the fee structure for additional work outside of the contract and optional items. A time and materials rate schedule should also be provided for use in negotiating any Changes in Work required during the course of the contract.
Staffing. The project manager and key personnel, including those of any subcontractor, shall be designated. The person(s) who will attend and facilitate public meetings and presentations should be identified and should be the same persons making any presentations to the Selection Committee if necessary. The geographic location of the firm and key personnel shall also be identified. Any proposed sub-consultants shall be listed. Their responsibilities should be included in the proposal, if necessary. There shall be no changes in the project manager, sub-consultants, or key staff without approval of the City.
Qualifications. Proposals should include consultant’s qualifications to perform the work required, and should document previous similar work by the consultant. Brief resumes of the project manager, key personnel, and subcontractors should be included, as should three references for recent (i.e. last 3 years) comparable work.
Work Sample. One sample of a recently adopted housing element prepared by the consultant and/or staff assigned to the project shall be provided in an electronic format or as a link to an online document.
Proposal Terms and Conditions. The proposal should include a statement to the effect that the proposal is a firm offer for a minimum 90-day period beginning on the application deadline. The proposal should also include a statement that all work will be performed at a not-to-exceed price.
Proposal as Sole Representation. Firms responding to the RFP must represent themselves solely by the written proposal. The proposal should also contain the name, title, address, and telephone number of the individual with authority to bind the company and also who may be contacted during the period of proposal evaluation. The proposal shall be signed by an official authorized to bind the consultant.
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Packet Pg. 138 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP
3. General Information - Minimum Qualifications.
In order to qualify as responsible, a prospective consultant must, in the opinion of City staff, meet the following standards as they relate to the RFP:
1. Have adequate staff, equipment, technical and financial resources for performance, or have the ability to obtain such resources that are required for performance, including a demonstrated ability to meet work schedule time frames and deliverables.
2. Have a satisfactory record of performance.
3. Be an Equal Opportunity Employer.
Compliance with Terms and Conditions of the Professional Service Agreement.
The consultant and sub-consultants will be required to comply with all terms and conditions set forth in the City of Ripon Standard Form Professional Services Agreement including all insurance requirements (See Appendix A). Any exceptions from these terms and conditions must be specified in the proposal, and any exception may be a basis for rejection of the proposal from further consideration.
Proposal Revision and Modification. Staff may request that the consultant alter a submitted proposal when deemed necessary and appropriate to clarify that the proposal fully addresses the City’s needs. In the event that a consultant agrees to modify the proposal, a change in the cost of the services as set forth in the proposal may be made. Otherwise, the cost stated in the original proposal shall remain effective. Any additional work required beyond the scope of the contract shall be, with prior notification and contract amendments, mutually agreed to by the City and the consultant, and shall be billed on a not-to-exceed estimated time and materials basis to the City.
Contract amendments will be made only in unusual circumstances, where clearly justified by the consultant and as determined necessary by the City.
Limitations. All reports and pertinent data or materials will become the property of the City of Ripon.
The consultant will have normal access to the public records and files for local government agencies in preparation of the proposal or documents. No compilation, tabulation, or analysis of data, definition or opinion, etc. shall be anticipated by the consultant from the agencies, unless volunteered by a responsible official of these agencies.
Firms submitting a proposal for this RFP must provide a statement that nothing contained in the submitted proposal will be proprietary. All proposals shall become the property of the City of Ripon once submitted.
A request for proposals does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal, or to procure or contract for services and supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or in its entirety this request for proposals, if it is in the best interest of the City to do so. The City may require the consultant to
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Packet Pg. 139 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP participate in negotiations and to submit such price, technical, or other revisions of the proposal as may result from negotiations.
Contract with Consultant. The consultant selected will be asked to agree to and enter into the City’s Standard Form Professional Services Agreement (See Appendix A).
Contract Payment. The City will release payment to the consultant in increments based on itemized invoices submitted no more frequently than monthly as the work progresses. Contract payment shall be made on the basis of satisfactory performance by the consultant as determined by the City.
Contract Termination. The City shall have the right to terminate the Professional Services Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of Professional Services Agreement (See Appendix A).
Conflict of Interest. In the Professional Services Agreement the Consultant shall stipulate that corporately or individually, its firm, its employees and subcontractors have no financial interest in either the success or failure of any project which is, or may be, dependent on the results of the Consultant’s work product prepared pursuant to the Agreement.
4. Selection Process
Selection Criteria (in random order):
Completeness and responsiveness to this RFP;
Qualifications and previous successful performance of the consultants on similar projects; Review of references;
Local familiarity;
Public participation experience working with the public in formulating goals and consensus;
Timeframe and availability of consultants;
Contract fee as negotiated and ultimately agreed upon. Price is not the sole basis for selection, but may be considered in the criteria for evaluating proposals.
The schedule for the selection process is:
RFP Released: April 12, 2023
Deadline for RFP Questions May 10, 2023
Proposals Due: May 31, 2023
Consultant Selection: June 1 to June 5, 2023
City Council Approval: June 13, 2023
Notice to Proceed: By June 30, 2023
1.4.B.a
Packet Pg. 140 Attachment: Attachment 1 - City of Ripon 6th Cycle Housing Element RFP (3808 : Request for Proposals - City's 6th Cycle Housing Element) Attachment 1 - City of Ripon 6th Cycle Housing Element RFP The proposals will be reviewed by City Staff and ranked according to the selection process outlined above. The top ranked firms will be presented to the City Council for a firm selection and final approval.
The City will negotiate a contract with the most qualified firm with compensation the City determines is fair and reasonable based upon the scope of work. Fee proposals from competing consultants may be used to assist City staff in determining a fair and reasonable compensation.
5. Contractual Requirements
Final contract approval requires City Council approval for execution by the Mayor. Following the final by the City Council and contract negotiations the contract shall be agendized with the Council and must be approved and executed prior to any work being performed by the consultant.
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
Click or tap here to enter consultant name.
This Agreement for Professional Services (“Agreement”) is entered into on, Click here to enter a date. (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Click or tap here to enter consultant name. (“Consultant”), (together sometimes referred to as the “Parties”).
Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,
1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.
1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.
Section 2. COMPENSATION.
City hereby agrees to pay Consultant an amount NOT TO EXCEED Click here to enter amount. for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.
2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.
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2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)
3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
3.2 Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
3.3 Auto Liability. Consultant shall provide auto liability coverage for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a nonowned auto endorsement to the CGL policy.
3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
3.5 All Policies Requirements.
3.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all
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policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.
3.5.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.
Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. (Rev 3/18)
4.1 Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.
4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Section 5. STATUS OF CONSULTANT.
5.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Section 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.
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6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.
6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.
Section 7. MODIFICATION.
7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.
7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
7.4.1 Immediately terminate the Agreement;
7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;
7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or
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7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in Exhibit A, if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).
Section 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.
8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.
Section 9 MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
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9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Contract Administration. This Agreement shall be administered by Kevin Werner, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.
9.6 Notices.
Any written notice to Consultant shall be sent to:
Click here to enter consultant name.
Click here to enter consultant title.
Click here to enter company name.
Click here to enter street address.
Click here to enter city, state, zip.
Any written notice to the City shall be sent to:
Mr. Kevin Werner
Administrator/City Engineer
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.
9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as
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mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
Michael Restuccia, Mayor Click here to enter name., Click here to enter title.
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney
1.4.B.b
Packet Pg. 148 Attachment: Appendix A - Professional Services Agreement (3808 : Request for Proposals - City's 6th Cycle Housing Element) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 04/11/2023
Subject: Reimbursement Agreement - Noosa Energy Storage RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Noosa Battery Storage Reimbursement Agreement that provides reimbursement for staff time to respond to an extension request for a previously approved application for a battery energy storage project located at 1302 Frontage Road (near the City of Ripon Park and Ride lot).
BACKGROUND:
In May of 2021, Noosa Energy Storage, LLC applied for and received approval for a “Use Permit” to construct a lithium ion battery energy storage project at 1302 Frontage Road (near Flying J and the PG&E substation). Construction of the project has not commenced and the developer is now in jeopardy of losing their entitlements for the project due to permit expiration limits set within the Ripon Municipal Code. The Code does allow for a one (1) year time extension upon approval by the Planning Commission and/or City Council. The reimbursement agreement will provide an opportunity for the City to get reimbursed for staff time and potential consultant management regarding the extension request for the project.
Attachments:
1. Noosa Reimbursement Agreement
1.4.D
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1 REIMBURSEMENT AGREEMENT
This agreement (“Agreement”) is made, and entered into this 3rd day of April, 2023 (“Effective Date”) by and between the City of Ripon (“CITY”) and Noosa Energy Storage, LLC (“DEVELOPER”).
WHEREAS, DEVELOPER intends to apply for an extension request regarding a previously approved land use entitlement pursuant to Ripon Municipal Code Title 16 in connection with a proposed project, consisting of approximately 4.92 acres located at 1302 Frontage Road in the City of Ripon, consisting of Assessor’s Parcel Number 228-110-28 (the “Property”). For purposes of this Agreement, reviewing and processing DEVELOPER’S extension request, including, but not limited to, all activities related to the entitlement processing, development, and construction of the above-referenced project and related uses shall be referred to as the “Project.”
WHEREAS, DEVELOPER and CITY expect that the Project will require CITY to expend resources in working with DEVELOPER prior to and after DEVELOPER’S submission of applications for approval of the Project, including, but not limited to, processing of DEVELOPER’S applications, permits, maps and other entitlements related to the Project.
WHEREAS, CITY and DEVELOPER have agreed that DEVELOPER shall be responsible for reimbursing CITY for all costs and expenses incurred by CITY with respect to the Project, including costs of staff time, consultants’, and attorneys’ fees in accordance with the terms of this Agreement.
NOW, THERFORE, in consideration of the foregoing promises and in order to carry on the intent and purpose of applicable codes, ordinances, resolutions and regulations, DEVELOPER and CITY agree as follows:
SECTION 1. THE SECURITY DEPOSIT.
1.1 Posting of the Security Deposit. Upon execution of this Agreement, DEVELOPER shall deposit with CITY in a manner reasonably satisfactory to CITY the total amount of Ten Thousand Dollars ($10,000) hereafter referred to as the “Security Deposit.” The Security Deposit shall be held by the CITY as security for the full and faithful performance by the DEVELOPER of all the terms and conditions of this Agreement.
(a) In the event that this Agreement is terminated in accordance with Section 6 below, the CITY and DEVELOPER shall meet in good faith to negotiate the form and amount of security, if any, that will be required to meet any post-termination indemnification obligations of the DEVELOPER. If no Agreement can be reached as to the amount of post-termination security required, the CITY and DEVELOPER shall use the alternative dispute resolution procedures set forth in SECTION 10 of this Agreement to resolve this issue.
(b) Withdrawal of and Maintenance of Security Deposit. If DEVELOPER defaults on its obligations to provide and maintain any deposit required by this Agreement or to timely pay for any Project Costs as defined in SECTION 2 below, then CITY shall be entitled to draw upon the Security Deposit to recover any and all sums in default. The Security Deposit shall be required for as long as the DEVELOPER is bound by any financial obligation(s) under this Agreement. If CITY is required to draw upon the Security Deposit, DEVELOPER shall immediately replenish the Security Deposit and maintain with the CITY at all times a Security Deposit in the amount of the Ten Thousand Dollars ($10,000) to secure payment to the CITY for Project Costs.
1.4.D.a
Packet Pg. 150 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 2 (c) Investment. CITY shall maintain the Security Deposit in an interest-bearing dedicated account for the benefit of DEVELOPER. DEVELOPER acknowledges and agrees that it shall not receive any interest on the Security Deposit, in lieu of paying staff costs for account maintenance and interest tracking. CITY shall at all times maintain records as to the expenditure of the Security Deposit; provided, however, CITY may use the Security Deposit only as set forth herein. The Security Deposit may be invested by CITY in lawful investments, in accordance with CITY’S established investment policies.
(d) Return of Deposit after CITY Approval. CITY shall return to DEVELOPER any funds remaining on deposit after one hundred and eighty (180) days have passed since CITY’S approval of the last discretionary permit or entitlement for full build-out of the Project, and the CITY has received from DEVELOPER payment of all Project Costs accrued, as required under Section 2 of the Agreement except to the extent that DEVELOPER has not satisfied its indemnification obligations per Section 7 of this Agreement.
(e) Subsequent Replenishment of Security Deposit. In the event DEVELOPER seeks another discretionary permit(s) or entitlement(s) related to the Project after CITY returns any remaining funds on deposit pursuant to Section 1(e) of the Agreement, DEVELOPER shall replenish the Security Deposit in the total amount of Ten Thousand Dollars ($10,000) or such other amount as CITY, in consultation with DEVELOPER, may determine to be reasonably necessary to secure payment of Project Costs as contemplated under the Agreement. DEVELOPER agrees to replenish the Security Deposit at the time DEVELOPER submits the application for such subsequent discretionary permit(s) or entitlement(s). DEVELOPER further agrees that any such application shall not be determined complete by CITY until the Security Deposit is replenished as required under this Section 1(f).
SECTION 2. PROJECT COSTS TO BE REIMBURSED. DEVELOPER shall be responsible for payment of all reasonable direct and indirect costs incurred by CITY as a result of the Project (“Project Costs”), which are incurred by the CITY after the date of this Agreement. During the term of this Agreement, so long as DEVELOPER is fulfilling its obligations hereunder, CITY shall process DEVELOPER’S application(s) for the Project until such time as CITY approves or denies such application(s). Project Costs shall include, but are not limited to:
(a) All actual CITY staff time, including, but not limited to, the Planning Department, Public Works Department, Engineering Department, Administration, City Clerk, City Attorney (Law Office of Thomas H. Terpstra) expended on Project-related activities and/or litigation.
Such staff time includes direct labor costs as well as departmental and indirect overhead costs. A schedule of all individuals anticipated to be working on the Project, and their hourly rates, is shown on the attached Exhibit A.
(b) All actual costs, not specified in Section 2(a) above, expended on Project-related activities (e.g., costs of telephone, mileage, supplies, postage, etc.). Such costs shall not include general overhead, but shall be limited to costs incurred solely because of the Project. Any travel that will be in excess of twenty-five (25) miles must be approved in advance by DEVELOPER, which approval shall not be unreasonably withheld.
(c) All actual costs of any outside consultants hired to assist CITY with Projectrelated activities and/or litigation, including, but not limited to, attorneys, planning and design consultants, engineers, hydrologists, traffic consultants, biologists, archeologists, CEQA consultants and other technical and professional consultants as deemed necessary by CITY in processing the Project.
CITY shall use its best efforts to use CITY staff in lieu of outside consultants when CITY staff is available and can perform the same task for less cost than an outside consultant.
1.4.D.a
Packet Pg. 151 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 3 With respect to any consultants to be retained by CITY in connection with review of the Project pursuant to CEQA, CITY will meet and confer with DEVELOPER in order to obtain input regarding the consultants under consideration. In selecting a consultant, CITY shall consider the following factors, at a minimum: proposed price to complete work; extent of relevant experience; strength of references; strength of individual team members who would be tasked with key analyses; general reputation; and for any environmental consultant, its track record for preparing documents that have survived judicial challenge under the California Environmental Quality Act (CEQA). While CITY agrees to meet and confer with DEVELOPER prior to selecting any outside consultant and to consider the above factors, the CITY retains the sole discretion to select or hire any outside consultant.
SECTION 3. PROCESS FOR REIMBURSEMENT OF PROJECT COSTS.
(a) CITY shall prepare and provide DEVELOPER (by regular mail, electronic mail or facsimile) monthly summaries reflecting all Project Costs set forth in Sections 2(a)-(c) above incurred during each month.
(b) Following execution of this Agreement, DEVELOPER shall deposit with the CITY in a separate account (hereinafter the “Cost Deposit”) the amount of Thirty Thousand Dollars ($30,000) to pay for all costs set forth in Sections 2 (a)-(c) and any other Project Cost(s). DEVELOPER agrees to replenish and maintain at all times a Cost Deposit balance of at least Fifteen Thousand Dollars ($15,000). Failure by DEVELOPER to maintain a Cost Deposit balance of $15,000 shall be considered a default by DEVELOPER of the terms and conditions of this Agreement. CITY shall maintain the Cost Deposit in an interest-bearing dedicated account for the benefit of DEVELOPER. DEVELOPER acknowledges and agrees that in lieu of paying staff costs for maintenance and tracking of interest, DEVELOPER elects to waive any interest on the Cost Deposit. CITY shall at all times maintain records as to the expenditure of the Cost Deposit; provided, however, CITY may use the Cost Deposit only as set forth herein. The Cost Deposit may be invested by CITY in lawful investments, in accordance with CITY'S established investment policies.
(c) For those Project Costs set forth in Sections 2(a)-(c), CITY shall provide a written, monthly summary to DEVELOPER of all Project Costs charged by CITY against the Cost Deposit. The written summary shall be supported by appropriate documentation such as timesheets, invoices, and receipts. For those Project Costs set forth in Section 2(c) above, CITY shall pay said costs directly to the outside consultants, list those payments on the monthly summary, and provide appropriate documentation indicating the name of each outside consultant and the services provided. In addition, CITY shall provide DEVELOPER on a monthly basis (by regular mail, electronic mail, or facsimile) a copy of any and all consultant invoices paid directly by CITY during the preceding month. CITY shall have the right to redact from such documentation any information that CITY reasonably determines is privileged, confidential, or not otherwise subject to release pursuant to the California Public Records Act (Gov’t Code § 54950 et seq.).
SECTION 4. FEES, PERMITS AND CITY REGULATIONS. This Agreement replaces any discretionary land use permit application fees normally collected by the CITY at the time an application for a proposed project is made. Notwithstanding the foregoing, DEVELOPER shall be responsible to pay any fee not expressly abrogated by this Agreement, including, but not limited to, development impact fees, any ministerial fee(s) on required Project permits such as building permits, grading permits, and the like, and any fees or expenses approved by the Planning Commission and/or City Council that are made part of the Project’s conditions of approval. Nothing in this Agreement shall be deemed to abrogate the responsibility of DEVELOPER to obtain any required permit(s) or comply with any laws associated with any applications, permits, studies, or construction activities related to the Project. This Agreement does
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Packet Pg. 152 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 4 not apply to any fees DEVELOPER is required to pay to any entity other than the CITY of Ripon, any state or federal agency, or on any new application or project.
SECTION 5. TERM. Subject to Section 6, the term of this Agreement shall commence on the Effective Date and terminate upon the later of: one (1) year from the issuance of a certificate of completion for the last of the Project-related improvements; or (b) one (1) year from the last date that DEVELOPER is required to maintain Project-related improvements(s) set forth in any applicable improvement or development agreements related to the Project; or (c) one (1) year from the approval of the final phase of the Project. Nothing herein shall be deemed to abrogate DEVELOPER’S responsibility to pay for ongoing expenses, including litigation expenses, incurred by CITY as a result of Project-related activities, which activities occurred during the term of this Agreement. Nothing in this Agreement shall be construed to vest any rights to develop the Project or require CITY approval of the Project.
SECTION 6. TERMINATION. Developer may, at its option, terminate this Agreement at any time on thirty (30) days’ prior written notice to CITY (“Termination Notice”) if DEVELOPER determines not to proceed with the Project. In the event of termination, DEVELOPER shall be responsible for the payment of all Project Costs incurred up to and including the date of termination. CITY shall apply the sums maintained in the Security and Cost Deposit to any unreimbursed Project Costs through the termination date, and CITY shall then refund any remaining Security and Cost Deposit funds to DEVELOPER within thirty (30) days of the date of termination.
SECTION 7. INDEMNIFICATION. In addition to Project Costs, DEVELOPER shall defend, indemnify, and hold CITY free and harmless from any and all suits, fees, claims, demands, causes of action, proceedings (hereinafter collectively referred to as “Legal Actions”), costs, losses, damages, liabilities and expenses (including, but not limited to, an award of attorneys’ fees, expert witness fees, and court costs) incurred by CITY arising (directly or indirectly) or resulting from the review, processing, consideration, or from the approval of DEVELOPER’S Project or action taken by CITY thereon.
DEVELOPER’S obligations pursuant to this SECTION 7 shall survive suspension or termination of this Agreement.
(a) In the event the CITY’S processing of the Project results in any Legal Action being initiated, the CITY shall notify DEVELOPER promptly of any such action. DEVELOPER will provide and take primary responsibility for the legal defense of itself and the CITY (hereinafter referred to as the “Joint Legal Defense”) to the fullest extent possible. DEVELOPER shall defend CITY'S actions with competent legal counsel of DEVELOPER'S choice without charge to CITY, subject to CITY approval. For purposes of this Agreement, a complaint including the recovery of attorney fees and costs will be considered a request for “monetary damages.” CITY and DEVELOPER shall cooperate in good faith in the defense of any Legal Action that names the CITY as a party and for which the DEVELOPER undertakes the primary responsibility for the Joint Legal Defense of in accordance with the terms of this Section 7. CITY, through the CITY Attorney's Office, shall be kept apprised by the DEVELOPER and retained counsel of significant dates and hearings, shall receive copies of all pleadings filed in the matter by any party, and shall be allowed to participate in strategic decisions regarding the development of any applicable defense strategies and in preparing pleadings, prior to filing. DEVELOPER and CITY may enter into a “Joint Legal Defense Agreement” amending any terms hereto. (b) In the event of any Legal Action against CITY and/or DEVELOPER, CITY will protect from public disclosure to the fullest extent possible, any communications between its attorneys and those representing DEVELOPER in said action. The parties intend that communications between CITY Counsel, retained counsel, and/or CITY staff, for purposes of the joint defense of a legal action, are entitled to the attorney-client privilege and/or work product privilege and are to be protected from disclosure through the exemption contained in Cal. Gov’t. Code § 6254(b) and/or (k), Evidence Code
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Packet Pg. 153 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 5 section 954 and/or Code of Civil Procedure section 2018.030. Similarly, communications between City Attorney and the City Council will be held in Closed Session pursuant to Cal. Gov’t. Code §54956.9 to the maximum extent possible. Any Legal Action seeking to compel disclosure of privileged communications shall be defended by DEVELOPER in accordance with the terms and conditions set forth in this Section 7.
(c) Nothing contained in this Section 7, however, shall be construed to limit the discretion of CITY, in the interest of the public welfare, to settle, defend, or appeal, or to decline settlement or to terminate or forego defense or appeal of a Legal Action at its own expense. In no event shall CITY have any obligation or liability to DEVELOPER in connection with CITY'S defense or prosecution of litigation related to the Project (including, but not limited to, the outcome thereof) or in the event CITY elects not to prosecute a case or defend litigation brought against it. The failure of DEVELOPER to undertake the defense of any Legal Action within the scope of this Section 7 or the decision of DEVELOPER to terminate, forego, or abandon the defense or appeal of a Legal Action may be treated by CITY as an abandonment of the Project by DEVELOPER and will relieve CITY from any further duty, legal or otherwise, to continue to process DEVELOPER’S Project. (d) If either CITY or DEVELOPER determines in good faith that common counsel presents a bona fide conflict of interest, then CITY may employ separate counsel to represent or defend the CITY, and DEVELOPER shall pay the reasonable attorneys’ fees and costs of such counsel within thirty (30) days of receiving an itemized billing statement. Failure by the DEVELOPER to reimburse CITY for its separate counsel may be treated as an abandonment of the Project by the DEVELOPER.
SECTION 8. NOTICES. All notices called for in this Agreement shall be given in writing by personal delivery, or electronic mail (with copy of such notice sent not later than the next day by mail or overnight private courier in accordance with the provision herein) or by overnight mail or overnight private courier.
Electronic mail notices shall be deemed received on the day sent if sent prior to 6:00 p.m. Pacific Time or if sent after 6:00 p.m. Pacific Time, then deemed received on the next day. Overnight mail or couriered notices shall be deemed received the next business day following deposit into the U.S. mail or delivery to the private courier. First class mail, postage prepaid, shall be deemed received three days after postmark.
Mailed or couriered notices shall be addressed as set forth below, but either party may change its contact information by giving written notice thereof to the other in accordance with the provisions of this Section
8. To the CITY: Ken Zuidervaart
CITY of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
e-mail: [email protected]
To DEVELOPER: Noosa Energy Storage, LLC
333 Clay St Suite 2800, Houston TX 77002
e-mail: [email protected]
SECTION 9. DEFAULT BY DEVELOPER. If DEVELOPER defaults in its obligations to provide and maintain the deposits required by this Agreement or to timely pay for any Project Costs as required under this Agreement, then CITY, at CITY’S option, may suspend any activities related to the Project upon thirty (30) days’ written notice to DEVELOPER. During the pendency of any notice period, whether for monetary or non-monetary default(s), CITY, at CITY'S option, may suspend processing and/or consultant activities related to the Project until such default is cured by DEVELOPER. CITY shall give DEVELOPER written notice of such default and any decision by the CITY to suspend processing and/or consulting activities related to the Project activities. Subject to Section 10 below, CITY may terminate
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Packet Pg. 154 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 6 this Agreement and institute legal proceedings, with no further notice to DEVELOPER, if such default is not remedied by DEVELOPER within thirty (30) days after such notice is given by CITY to DEVELOPER. Upon such termination, CITY shall not be obligated to expend any additional funds on Project-related matters; however, CITY may, in its discretion (such discretion to be exercised in good faith), expend Deposit funds after termination of this Agreement as necessary to complete Project-related activities already commenced or for which monetary obligations have already been incurred.
Maintenance of any deposit required by this Agreement shall be made a condition of any Tentative or Final Map for the Project, or, if no map is required, of the first discretionary approval. Subject to Section 10, DEVELOPER consents and agrees not to object to, appeal, or protest any of the conditions and/or payments referenced in this Section 9.
SECTION 10. DISPUTE RESOLUTION. If a dispute arises related to the interpretation or enforcement of, or compliance with, the terms and provisions of this Agreement (“Dispute”), CITY and DEVELOPER shall first attempt to resolve it through informal discussions. In the event a Dispute cannot be resolved in this manner within sixty days (60) days after the Dispute arises, then CITY and DEVELOPER shall engage in the following Alternative Dispute Resolution procedures:
(a) Mediation: The CITY and DEVELOPER agree that any and all disputes, claims, or controversies between CITY and DEVELOPER and arising of or related to this Agreement shall be submitted to the Sacramento, California office of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS for final binding arbitration pursuant to the arbitration clause set forth below. Either CITY or DEVELOPER may commence mediation by providing to JAMS and the other party a written request for mediation setting forth the subject of the dispute and the relief requested. CITY and DEVELOPER will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. If the parties cannot agree on the appointment of a mediator or the date of the mediation within thirty (30) days after the written request for mediation, then JAMS shall appoint the mediator at its discretion and/or set a mediation date. CITY and DEVELOPER covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator and any JAMS employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation or other proceedings involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in mediation.
Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for an action to obtain equitable relief, neither party may commence civil litigation. Either CITY or DEVELOPER may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following completion of the initial mediation session or sixty (60) days after the date of the written request for mediation, whichever occurs last. Mediation may continue after the commencement of arbitration, if CITY and DEVELOPER so desire. Unless otherwise agreed to by CITY and DEVELOPER, the mediator shall be disqualified from serving as the arbitrator in the case. The provisions of this clause may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered. (b) Arbitration: Any dispute, claim or controversy between CITY and DEVELOPER arising out of this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, not resolved by the mediation process set forth above, shall be determined by arbitration to be held in San Joaquin County before one arbitrator. Neither party may request an arbitration hearing in conformity with this arbitration clause until after the matter has been submitted to mediation in conformity with the mediation clause set
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Packet Pg. 155 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 7 forth above and the initial mediation session has been completed or sixty (60) days has passed since the date of the initial written request for mediation, whichever occurs last. The arbitration shall be administered by the Sacramento, California office of JAMS pursuant to its Streamlined Arbitration Rules and Procedures, which rules shall govern the commencement of the arbitration and the selection of the arbitrator among other things. Judgment on the Arbitrator’s Award may be entered in the San Joaquin County Superior Court or any court having jurisdiction. This clause shall not preclude CITY or DEVELOPER from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The costs and fees of arbitration (including those fees and expenses set forth in JAMS’ fee schedule in effect at the time of commencement of the arbitration) shall be borne equally by CITY and DEVELOPER, and each side shall be responsible for its own attorney’s fees and expert witness’ fees.
The dispute resolution process shall be undertaken in good faith. A mediator or arbitrator other than JAMS may be agreed to by CITY and DEVELOPER in writing. By agreeing to this dispute resolution process, neither CITY nor DEVELOPER hereby loses or waives its right to assert the operation of any applicable statute of limitations as an affirmative defense. The arbitration award shall be final and binding upon CITY and DEVELOPER and each agrees that it will accept such decision and award as binding and conclusive and will abide thereby.
SECTION 11. NO WAIVER OF IMMUNITIES. Nothing in this Agreement shall be construed as a waiver by CITY of any of the immunities granted to it under Federal, State or local law, including the provisions of Sections 818.6, 830.6 and 831.3 of the California Government Code.
SECTION 12. COMPLETE AGREEMENT. Except as may otherwise be explicitly set forth herein, this Agreement constitutes the final, complete, and exclusive statement of the terms hereof between CITY and DEVELOPER related to the subject matter set forth herein. Neither party is relying on any representation or warranty outside those expressly set forth in this Agreement. Any and all amendments to this Agreement shall be in writing, shall be stated as an amendment to this Agreement and shall be executed by both parties.
SECTION 13. EXHIBITS. The Exhibits attached to this Agreement are part of this Agreement and are incorporated into this Agreement by reference.
SECTION 14. UNENFORCEABILITY; SEVERABILITY. If a court of competent jurisdiction holds any Agreement clause to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provision. To that end, this Agreement shall be construed as not containing such clause and the provisions of this Agreement are declared to be severable.
SECTION 15. SUCCESSORS AND ASSIGNS. This Agreement shall bind and benefit DEVELOPER and CITY and their successors-in-interest, whether voluntary or involuntary. DEVELOPER agrees to require any successor to assume all duties and obligations set forth herein. DEVELOPER shall provide CITY with notice of any transfer of ownership interest in the Project or subject property.
SECTION 16. APPLICABLE LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted, and this Agreement shall be read and enforced as though it were included, and if through mistake or otherwise any provision is not inserted or is not correctly inserted, upon application of either party this Agreement shall be amended to make the insertion
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Packet Pg. 156 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 8 or correction. All references to statutes and regulations shall include all amendments, replacements, and enactments on the subject as of the Effective Date and any later changes which do not materially and substantially alter the positions of CITY and DEVELOPER.
SECTION 17. NO THIRD PARTY RIGHTS. This Agreement is not intended to be, and shall not be, construed to create any third party beneficiary rights in any person or entity who is not a party, unless expressly provided herein.
SECTION 18. NO JOINT VENTURE OR PARTNERSHIP. The parties specifically acknowledge that each party is an independent entity with respect to the terms contained in this Agreement. None of the terms of this Agreement shall be deemed to create a partnership between the parties in the businesses of DEVELOPER or the affairs of CITY, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise.
SECTION 19. CONSTRUCTION. Each party hereto declares and represents that in entering into this Agreement, it has relied and is relying solely upon its own judgment, belief, and knowledge of the nature, extent, effect, and consequence relating thereto. Each party further declares and represents that this Agreement is made without reliance upon any statement or representation not contained herein of any other party or any representative, agent, or attorney of the other party. The parties agree that they are aware they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.
SECTION 20. TIME IS OF THE ESSENCE. For the purpose of this Agreement and of each provision of this Agreement, time is of the essence.
SECTION 21. COOPERATION. DEVELOPER and CITY shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.
SECTION 22. JURISDICTION AND VENUE. This Agreement is executed and is to be performed in the CITY of Ripon, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Joaquin. CITY and DEVELOPER each consent to the personal jurisdiction of the court in any such action or proceeding.
SECTION 23. REPRESENTATIONS OF AUTHORITY. Each party signing this Agreement represents and warrants to the other party that all necessary legal prerequisites to that party’s execution of this Agreement have been satisfied and that the signatory has been authorized to sign this Agreement and bind the party on whose behalf the signatory signs.
SECTION 24. NO PROMISE OR REPRESENTATION. DEVELOPER and CITY agree that nothing in this Agreement is to be construed as a representation, promise, or commitment on the part of CITY to give special treatment to, or exercise its discretion favorably for, the Project or DEVELOPER.
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Packet Pg. 157 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written.
“CITY” “DEVELOPER”
“CITY” “DEVELOPER”
City of Ripon Noosa Energy Storage, LLC
By: ___________________________ By: ___________________________ Date: __________________________ Date: __________________________ ATTEST
Lisa Roos, City Clerk
By: ___________________________
Date: __________________________
APPROVED AS TO LEGAL FORM
City Attorney
By: ___________________________
Date: __________________________
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Packet Pg. 158 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) 10 Exhibit A
2022-2023 Staff
Hourly
Rates
City Administrator $164.42
Planning Director $141.02
City Engineer $164.42
Public Works Director $123.90
Parks & Recreation Director $106.13
Chief of Police $189.54
Associate Engineer $60.10
Planning Secretary $59.86
City Clerk/Finance Director $139.12
Information Systems Tech II $47.99
City Attorney $424.00
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Packet Pg. 159 Attachment: Noosa Reimbursement Agreement (3812 : Reimbursement Agreement - Noosa Energy Storage) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 04/11/2023
Subject: Conti LLC
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the agreement with Conti LLC to furnish and install complete audio/visual and control systems in the Council Chambers in the not to exceed amount of $51,110 (funding source: General Department Capital Fund ).
BACKGROUND:
The audio-visual and associated presentation control equipment has become unreliable in the City Council Chambers.
DISCUSSION/ANALYSIS:
Staff has requested a proposal from three firms familiar with audio visual upgrades in facilities similar to the City of Ripon Council Chambers. Staff is recommending the City Council approve and authorize the Mayor to sign the agreement with Conti LLC to install and configure new audio-visual equipment, including a Digital Sound Processor, Conference Microphone System, Video Distribution System to include Zoom capabilities, and Presentation Control Systems.
Once the installation is complete, Conti LLC will train IT staff on the use and setup of the system that will allow staff to troubleshoot and correct issues that may arise in the future as well as tune system to ensure optimal performance.
FISCAL IMPACT:
The expense of the agreement of $51,110 is to be paid through the General Department Capital fund that has a current balance of $1.2 million.
Attachments:
1. Ripon Council Chambers Quote R1
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Packet Pg. 160
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]