Ripon City Council
May 9, 2023

Ripon City Council Minutes
TUESDAY, MAY 09, 2023 – 6:00 PM

REGULAR MEETING
WORKSHOP AT 5:30 PM
SUBJECT:

Electronic Message Sign Options
Planning Director Zuidervaart said the purpose of the workshop was a demonstration of Electronic Message Center signs from Watchfire Digital Signs. The vendor displayed the different pixel pitches for the Electronic Signs, in regards to sign resolution and clarity. The City Council viewed a 10mm LED RGB sign and a 6mm LED RGB sign, with the 6mm LED RGB sign being the highest and clearest quality. Council directed staff to work up a proposal for a monument sign at City Hall using the 6mm LED RGB Electronic Message Center sign.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Rex Rodgers 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 Absent
OTHERS PRESENT:

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, Neesha Rodriguez.

PUBLIC DISCUSSION:

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

City Council Page 2 May 9, 2023
APPROVAL OF MINUTES:

Motion to approve the minutes of the City Council Workshop of April 6, 2023 and the Regular Ripon City Council Meeting of April 11, 2023.

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

1. CITY COUNCIL - WORKSHOP - APR 6, 2023 11:00 AM

2. CITY COUNCIL - REGULAR MEETING - APR 11, 2023 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Motion to approve the agenda as posted.

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

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

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, Barton
ABSENT: de Graaf, Uecker
City Council Page 3 May 9, 2023

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(April 2022 $242,847.43)
FY 2022-23 YTD: $3,749,781
FY 2021-22 YTD: $3,589,247
Highway Users Tax
(March 2022 $28,080.26)
FY 2022-23 YTD: $312,181
FY 2021-22 YTD: $293,070
SB1 Street & Road Tax
(April 2022 $27,910.70)
FY 2022-23 YTD: $291,799
FY 2021-22 YTD: $270,385
$262,403.62
$27,802.30
$30,163.82
TOTAL $320,369.74
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
April 2023 $1,271.90
C. GILTON SOLID WASTE MANAGEMENT, INC.

Quarterly Franchise Fee Payment – March 2023 $12,296.67 D. PACIFIC GAS & ELECTRIC COMPANY
2022 Annual Electric Franchise Fees
2022 Annual Gas Franchise Fees
$123,539.13
$98,391.65
TOTAL $221,930.78

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Padilla Accessory Dwelling Unit
Private Development
$12,026.25
$4,341.30
$2,507.50
$6,268.75

TOTAL $25,143.80
B. SAN JOAQUIN COUNTY REGISTRAR OF VOTERS
November 8, 2022 General Election $30,265.03
C. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
1st Quarter 2023 - Invoice #Ripon 23Q1 $4,104.09
City Council Page 4 May 9, 2023
D. LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES FOR CENTRAL

VALLEY DIVISION
2023 Membership Dues for Central Valley Division $159.79 E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
March Invoice #AR113523 $1,636.07
F. TERRACON CONSULTANTS, INC.

Fleet Maintenance Facility
Materials Testing & Inspection Services
Progress Payment - Invoice #TJ26675 $2,650.00
G. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #56966 $3,349.60
H. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #2 $301,169.95

1.3. Resolutions
A. RESOLUTION NO. 23-18

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
RESCINDING RESOLUTION 99-24

AND RE-ESTABLISHING AN

UPDATED POLICY FOR THE

ANNEXATION OF DEVELOPED

RESIDENTIAL PARCELS TO THE

CITY OF RIPON
This resolution rescinds Resolution 99-24
and updates the current policy to
eliminate the option for the City to loan
money to private residents to install curb,
gutter and sidewalk, but maintains the
option for the City to offer a loan for city
municipal services connection fees for
developed residential parcels that have
been annexed to the City of Ripon.

B. RESOLUTION NO. 23-19

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2023-24
FUNDED BY SENATE BILL 1: THE

ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
This resolution adopts a list of projects to
be funded with Senate Bill 1 "The Road
Repair and Accountability Act of 2017"
and authorizes staff to proceed with
submitting the project list to the
California Transportation Commission in
order to continue receiving funds from
the Road Maintenance and Rehabilitation
Account for Fiscal Year 2023-24.

City Council Page 5 May 9, 2023
C. RESOLUTION NO. 23-20

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AMENDING THE CREDIT CARD

POLICY AND RESCINDING
RESOLUTION NO. 04-71
This resolution amends the City of
Ripon’s Credit Card Policy to add a
credit card for the Police Department, in
the name of the Police Chief, to use for
training purposes only.

D. RESOLUTION NO. 23-21

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING A LOAN TO THE
CORPORATION YARD AB1600

FUND FROM THE GENERAL

FUND MITIGATION IMPACT FEE
This resolution approves lending
$5,687,300 from the general fund
mitigation impact fee to the Corporation
Yard AB1600 capital fund for the
construction of the Fleet Maintenance
Facility Project.

E. RESOLUTION NO. 23-22

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING INVESTMENTS OF

MONIES IN CALIFORNIA ASSET

MANAGEMENT PROGRAM
This resolution establishes the California
Asset Management Program (CAMP) as
a short-term investment option and
authorizes the City Administrator and
City Clerk to transfer funds between
LAIF and CAMP as necessary.

F. RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE CITY OF

RIPON TO REMAIN A PART OF

THE URBAN COUNTY

COOPERATION AGREEMENT FOR

THE PURPOSE OF

ADMINISTERING THE

COMMUNITY DEVELOPMENT

BLOCK GRANT PROGRAM
This resolution authorizes the City of
Ripon to remain a part of the Urban
County Cooperation Agreement for the
purpose of administering the Community
Development Block Grant Program for
the 2024-2026 qualification periods and
directs staff to file appropriate
paperwork.

G. RESOLUTION NO. 23-24

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING DESTRUCTION OF

CERTAIN FINANCIAL RECORDS,

DOCUMENTS, INSTRUMENTS,

BOOKS, AND PAPERS
This resolution authorizes the destruction
of certain financial records, documents,
instruments, books and papers, in
accordance with the California
Government Code.

City Council Page 6 May 9, 2023

1.4. Miscellaneous Items
A. PEREIRA PROPERTY DEVELOPMENT AGREEMENT EXTENSION

REQUEST
Pereira Property Development Approve a one-year extension of the expiration date of the Pereira Property
Development Agreement as provided
for within the original Development
Agreement.

B. QUARTERLY INVESTMENT REPORT REVIEW
January 1, 2023 - March 31, 2023 Accept the City’s quarterly investment report for the period ending March 31,
2023.

C. PROJECT IMPROVEMENT AGREEMENT
Avid Candlewood Suites Approve and authorize the Mayor to sign the Project Improvement
Agreement between the City of Ripon
and Ripon Hospitality required for the
development of the Avid Candlewood
Suites proposed to be located on 1499
N. Jack Tone Road (next to Flying J).

D. CNG STATION IMPROVEMENTS
ANGI Energy Systems, LLC Approve and authorize the purchase and commission of new control panels for
the two CNG compressors at the CNG
Fueling Station from ANGI Energy in
the amount of $42,305.82 (funding
source: Senate Bill 1 – State of Good
Repair Program).

E. DISADVANTAGED BUSINESS ENTERPRISE ANNUAL REPORTING

REQUIREMENTS
Padilla & Associates, Inc. Approve and authorize the Mayor to sign the agreement with Padilla &
Associates, Inc. for Disadvantage
Business Enterprise Annual Reporting
requirements which is required for
Federally Funded Projects in the not to
exceed cost of $4,050 (funding source:

Street and Road Operating Fund).

F. PROCLAMATION - LAW ENFORCEMENT APPRECIATION MONTH
Ripon Police Department Present a proclamation in honor of Law Enforcement Appreciation Month.
**END OF CONSENT CALENDAR**
City Council Page 7 May 9, 2023

PRESENTATION OF PROCLAMATION
Mayor Restuccia presented a proclamation to Chief Ormonde in honor of Law Enforcement Appreciation Month.

2. DISCUSSION ITEMS
A. 122 N. ELM AVENUE TOWNHOUSE PROJECT
Discussion/Action Staff to present the conceptual townhouse project proposed at 122 N. Elm Avenue
and receive direction from the City
Council.

Planning Director Zuidervaart said the City contracted with an architect to design a property by the library. He said staff has been considering viable uses for the property and one idea was to build low-income housing. Zuidervaart described the project as three 1,600 square foot, three bedroom, two bathroom residences with single car garages. He said staff is looking for direction from Council about whether or not to proceed with the project. Zuidervaart summarized some of the site improvements that would need to be made including subdividing the property and improving the alley behind the lot.

Mayor Restuccia asked if the proposed residences would be townhouses or condominiums. Zuidervaart said they would have a common area that would need to be maintained and if possible, the City will develop them as townhouses. He said the goal is to sell them, not rent them.

Restuccia asked if staff is looking for conceptual input or more detailed input regarding building materials. Zuidervaart said details regarding building materials would come later and at this time, staff is looking for Council to give direction to continue with the project.

Vice Mayor Zuber said he thinks the project fits and if the City has the money, he thinks this is a good project.

Council Member Barton asked for more site improvement details and whether there would be any landscaping. Zuidervaart said the 22-foot alley would be redone in pavers, sidewalks would be installed in front of the units and the overhead utility lines would be undergrounded. He said there would be landscaping including trees.

Restuccia asked if staff has considered redoing the library parking lot at the same time as the alley. Public Works Director Pease said he believes that project is on the next roadway project list.

Council provided direction to staff to continue moving forward with the project at 122 N.

Elm Avenue.

City Council Page 8 May 9, 2023

REPORTS
Department Heads:

Police Chief Ormonde said there is Area of Responsibility Meeting for Section 2 on May 10, 2023 at 7:00 PM in the Emergency Operations Center at the Police Department with Sergeant Staley.

Planning Director Zuidervaart said there is a Planning Commission meeting on May 15 with four items on the agenda.

Public Works Director Pease said April water usage was 30% lower than 2013 numbers and 20% lower than 2022 numbers.

City Attorney Terpstra said he is attending the League of California Cities Annual City Attorney conference in Monterey next week.

City Council:

Council Member Barton said the Love Ripon event went very well. Annette Schroen does a great job organizing the event and Kelly Donohue did a great job publicizing the event. He said it is a neat community event and it is wonderful to see how many people turn out for it.

Vice Mayor Zuber said in Council Member de Graaf’s absence, he wanted to thank everyone for attending the meeting.

There being no further business, the meeting was adjourned at 6:18 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Workshop Minutes
Informal Informational Meeting
DATE: THURSDAY, APRIL 6, 2023
PLACE: STOUFFER HALL, 1000 STOUFFER ST., RIPON, CA 95366 TIME: 11:00 AM

1. ROLL CALL
Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
Dean Uecker Council Member Absent
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.

2. TOPICS OF DISCUSSION

STRATEGIC PLANNING WORKING SESSION
Discussion/No Action Council to discuss future policy goals and the implementation of those goals.

City Administrator Werner reviewed the 2023-24 Policy Goals and Implementation Plan noting the Guiding Principles and the Fiscal Year 2022-23 completed actions.

Werner gave a financial overview including a summary of the General Fund Reserve and Contingency Funds, AB1600 Fund, Enterprise Operating and Capital Funds and Street and Roads Funds. He described the policies adopted for the Reserve Funds and the challenges of the AB1600 Capital Funds, Enterprise Funds and Street and Roads Funds. Werner reviewed Council’s approach to continue to fund important infrastructure projects in each fund.

Werner shared information with the Council on the City’s staffing since 2008. Director of Public Works Pease discussed the current organization chart of the Public Works Department. Chief Ormonde added some information regarding staffing considerations for the Police Department. 1 Packet Pg. 9
Minutes Acceptance: Minutes of Apr 6, 2023 11:00 AM (Approval of Minutes) City Council Page 2 April 6, 2023
Werner led a discussion on the South County Water Project including the history and current water system operations and water quality challenges. Werner described the City’s recommended approach to participating in the South San Joaquin Irrigation District’s South County Water Project including the phases of the project, cost and possible grant and possible bond funding available. Council agreed this was necessary step for the City.

Werner presented the Capital Improvement Plan focusing on potential funding priorities, what his recommendations are and other items for Council to consider. Some of these recommended funding priorities and Council’s priorities included the complete repair of Locust Avenue, the construction of a stoplight at the River Road and North Ripon Road intersection, and Phase 1 of the Tertiary Waste Water Treatment Plant improvements.

Werner discussed the City Council Member’s Handbook. Council gave feedback on items they would like to see included in the handbook.

Werner recapped the highlights of the meeting including options for Council to consider. He summarized action items for staff and Council, which will be brought to future Council meetings for approval.

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 3:47 PM.

KEVIN WERNER
City Administrator
1 Packet Pg. 10
Minutes Acceptance: Minutes of Apr 6, 2023 11:00 AM (Approval of Minutes) 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 2 Packet Pg. 11
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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
2 Packet Pg. 12
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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
2 Packet Pg. 13
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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.
2 Packet Pg. 14
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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 ).
2 Packet Pg. 15
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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. 2 Packet Pg. 16
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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.
2 Packet Pg. 17
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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 2 Packet Pg. 18
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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.
2 Packet Pg. 19
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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.
2 Packet Pg. 20
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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.
2 Packet Pg. 21
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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 2 Packet Pg. 22
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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
2 Packet Pg. 23
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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.
2 Packet Pg. 24
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes) 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
2 Packet Pg. 25
Minutes Acceptance: Minutes of Apr 11, 2023 6:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 26
Attachment: 2023 02 advance (3818 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2200345 and 2200345AIssue Date: April 03, 2023Fiscal Year: 2022-2023Collection Period: February 24, 2023 - March 23, 2023Description: Streets & Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Heather Bui at 916-323-0740 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 $6,088.63 $7,206.30 $4,579.20 $9,928.17 $0.00 $0.00 $27,802.30 $0.00 $27,802.30 $312,182.02

1.1.A.b
Packet Pg. 27
Attachment: fy2223_03hwycityra (3818 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2200361 and 2200361A
Issue Date: April 21, 2023
Fiscal Year: 2022-2023
Collection Period: March 01, 2023 - March 31, 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 $30,163.82 $235,555.55
1 of 1

1.1.A.c
Packet Pg. 28
Attachment: rmra_cities_remit_2223_apr23 (3818 : State of California)

1.1.B.a
Packet Pg. 29
Attachment: CCATT (3849 : CCATT Holdings)

1.1.C.a
Packet Pg. 30
Attachment: Gilton (3848 : Gilton Solid Waste Management, Inc.)

1.1.C.a
Packet Pg. 31
Attachment: Gilton (3848 : Gilton Solid Waste Management, Inc.)

1.1.D.a
Packet Pg. 32
Attachment: 2022 PG&E Franchise Fees (3793 : PG&E Franchise Statements)

1.1.D.a
Packet Pg. 33
Attachment: 2022 PG&E Franchise Fees (3793 : PG&E Franchise Statements)

1.1.D.a
Packet Pg. 34
Attachment: 2022 PG&E Franchise Fees (3793 : PG&E Franchise Statements)

1.1.D.a
Packet Pg. 35
Attachment: 2022 PG&E Franchise Fees (3793 : PG&E Franchise Statements) Invoice
Date
4/25/2023
Invoice #
214
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Calls, emails to and from seller’s attorney,
conference with title officer regarding pending title
issues.
3/27/2023 THT 295.00 442.50 1.5
Begin review of code revisions, Ken’s first draft,
further work on hiring bonus policy, discuss with
client.
3/28/2023 THT 295.00 590.00 2
Review and revise muni code revisions to use permit,
site approval, hearing procedures, Commissions
chapters.
3/29/2023 THT 295.00 1,327.50 4.5
Further work on RMC amendments, discuss with
client, review opioid settlement docs.
3/30/2023 THT 295.00 590.00 2
Work on Irrevocable Offer and Deferred
Improvement Agreement.
3/31/2023 THT 295.00 885.00 3
Draft Deferred Improvement Agreement and
Irrevocable Offer of Dedication for Mohler parcel
map project, work on notes for presentation as
Council goal setting session.
4/3/2023 THT 295.00 885.00 3
Review and discuss schedule and content for council
workshop.
4/4/2023 THT 295.00 442.50 1.5
Calls, emails to and from Dyer, client regarding
easement and encroachment, work on preparation for
workshop, research regarding same, revise portions
of policy document.
4/5/2023 THT 295.00 590.00 2
Final preparations for Council workshop, attend
workshop.
4/6/2023 THT 295.00 1,917.50 6.5
Review and discuss special events regulations with
client, calls to and from Ken regarding items on
upcoming PC meetings.
4/10/2023 THT 295.00 295.00 1
Attend staff meeting, emails to and from client
regarding status of pending matters, attend City
Counsel meeting and closed session.
4/11/2023 THT 295.00 1,327.50 4.5
Review and comment on special event regs, follow
up on Council meeting tasks with client.
4/12/2023 THT 295.00 221.25 0.75

1.2.A.a
Packet Pg. 36
Attachment: Terpstra Invoices - April 2023 (3843 : Law Office of Thomas H. Terpstra) Invoice
Date
4/25/2023
Invoice #
214
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
4/19/2023 THT 295.00 0.5 147.50
4/19/2023 THT 295.00 1 295.00
4/20/2023 THT 295.00 0.75 221.25

2.25 300.00
4/24/2023 THT 663.75
Draft and send email to Dyer requesting meeting,
outline issues.

Conference call with title company re final title
exceptions, review same.

Work on employment agreement language re
incentive, discuss with staff.

Numerous calls and emails regarding closing docs,
instructions, Seller’s packet and preliminary closing
statement.

Attend staff meeting, coordinate meeting with DA,
City Attorney’s group regarding Duarte decision,
review and revise Commissions ordinance.

Neumiller & Beardslee's Invoice Number 339021
(Paid in full by The Law Office of Thomas H.

Terpstra).
4/25/2023 THT 295.00 3 885.00

$12,026.25
295.00
300.00

1.2.A.a
Packet Pg. 37
Attachment: Terpstra Invoices - April 2023 (3843 : Law Office of Thomas H. Terpstra) Invoice
Date
4/25/2023
Invoice #
215
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
4/12/2023 THT Emails to and from client re pay incentive issue. 295.00 0.5 147.50 Review and discuss Duarte decision and impact of
Plea In Abeyance proceedings; read summary of
decision and court ruling.
4/21/2023 THT 295.00 2 590.00
Neumiller & Beardslee's Invoice Number 339021
(Paid in full by The Law Office of Thomas H.

Terpstra).
3,603.80 3,603.80
$4,341.30

1.2.A.a
Packet Pg. 38
Attachment: Terpstra Invoices - April 2023 (3843 : Law Office of Thomas H. Terpstra) Invoice
Date
4/25/2023
Invoice #
216
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
Strategy discussions with client, discuss service of
process with Forks, calls and emails to follow up on
strategy discussions.
3/28/2023 THT 295.00 1.75 516.25
Calls, emails to and from DA’s office regarding case
status, send docs to DA .
4/3/2023 THT 295.00 1.5 442.50
Calls, emails to and from client, opposing counsel,
DA’s office re possible resolution per Option 2.
4/4/2023 THT 295.00 1.5 442.50
Calls, emails to and from DA’s office, discuss with
client, emails to and from opposing counsel
regarding settlement issues.
4/5/2023 THT 295.00 2 590.00
Calls, emails to and from client re proposed tolling
agreement.
4/12/2023 THT 295.00 0.75 221.25
4/17/2023 THT Calls, emails to Padilla’s attorney. 295.00 0.5 147.50 4/20/2023 THT Calls, emails to opposing counsel, update client. 295.00 0.5 147.50 $2,507.50

1.2.A.a
Packet Pg. 39
Attachment: Terpstra Invoices - April 2023 (3843 : Law Office of Thomas H. Terpstra) Invoice
Date
4/25/2023
Invoice #
217
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
Review new submittals, correspondence from
applicant.
3/30/2023 THT 425.00 0.5 212.50
Emails to and from Zuidervaart regarding staff
report.
4/3/2023 THT 425.00 0.5 212.50
Review and draft edits to staff report, brief research
on use of findings in extension of land use permits.
4/4/2023 THT 425.00 1.75 743.75
4/5/2023 THT Review and revise staff report, discuss with client. 425.00 1.5 637.50 Conference with client re reimbursement agreement,
PC review of application for extension.
4/10/2023 THT 425.00 0.5 212.50
Numerous calls and emails to and from applicant’s
counsel, applicant’s entitlement team, discuss
possible options for bringing experts, processing
extension with expert peer review of emergency
plans, follow up on same with Werner, Ken Z.
4/11/2023 THT 425.00 3.25 1,381.25
Calls, emails regarding NOOSA agreement with
client.
4/13/2023 THT 425.00 0.75 318.75
Calls and emails to and from applicant’s attorney,
follow up research on impact of requested extension
and discuss with counsel.
4/17/2023 THT 425.00 1.5 637.50
Conference with client to review applicant’s position
on effect of appeal.
4/18/2023 THT 425.00 0.5 212.50
Review and provide comments on applicant’s legal
memo, share with client.
4/19/2023 THT 425.00 1.5 637.50
Calls, emails, research regarding use permit
extension public hearing requirements, review and
respond to memo from counsel from Noosa.
4/25/2023 THT 425.00 2.5 1,062.50
$6,268.75

1.2.A.a
Packet Pg. 40
Attachment: Terpstra Invoices - April 2023 (3843 : Law Office of Thomas H. Terpstra) 44 N. San Joaquin Street, Suite 350 | Stockton, California 95202 | T 209 468 8683 | F 209 468 9534 Registrar of Voters
Olivia Hale, Registrar of Voters
Eric Diaz, Assistant Registrar of Voters
April 10, 2023
City of Ripon
Lisa Roos
259 N. Wilma Ave.

Ripon, CA 95366
RE: November 8, 2022, General Election Invoice Number 11082022-17 Dear Lisa Roos,
The corrected amount due for conducting the November 8, 2022, General Election for the City of Ripon is $30,265.03. Please make your remittance payable to San Joaquin County, Registrar of Voters Office. The listed amount reflects the costs specifically for the contest(s) in your district, City of Ripon.

Please send your payment to:

San Joaquin County
Registrar of Voter Office
P.O. Box 810
Stockton, CA 95201-3010
We are pleased to have administered your district’s election(s). If you have any questions or concerns regarding this matter, please feel free to contact Eric Diaz at (209) 468-3194.

Sincerely,
Olivia Hale
Registrar of Voters
Enclosures: Detailed Billing Statement

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Attachment: City of Ripon_2022 Election_Invoice (3741 : San Joaquin County Registrar of Voters)

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Attachment: City of Ripon_2022 Election_Invoice (3741 : San Joaquin County Registrar of Voters)

INVOICE
SSJGSA
South San Joaquin Groundwater Sustainability Agency
P.O. Box 747 DATE: March 31, 2023
Ripon, CA 95366 INVOICE # Ripon 23Q1
Due: Upon Receipt
Bill To:

City of Ripon
259 N Wilma Ave
Ripon, CA 95366
AMOUNT
$ 4,104.09
TOTAL $ 4,104.09
Make all checks payable to SSJGSA
or SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY

DESCRIPTION
SSJGSA expenses 1/1/2023-3/31/2023
City of Ripon Portion = 10% of $41,040.90

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Attachment: 2023 Q1 Ripon_Ready to Pay (3847 : South San Joaquin Groundwater Sustainability Agency)

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Attachment: League of Cal Cities (3834 : League of California Cities Division dues)

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Attachment: Invoice AR113523_SJRTD (3837 : SJRTD)

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: TJ26675
Terracon Consultants, Inc.

PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:

To:

NA191172B
$4,062.00
4/21/2023
4/15/2023
Project Number:

Billed to Date:

Invoice Date:

Services Through:

Project: Fleet Maintenance Facility
240 Doak Blvd
Ripon, CA
Materials Testing & Inspection Services
Date Report Description of Services Quantity Rate Total TASK: Lab Services
3/20/23 NA191172B.0004 6" mold AASHTO T99, T180, ASTM D698, D1557 1.00 $225.00 $225.00 4/7/23 NA191172B.0009 6" mold AASHTO T99, T180, ASTM D698, D1557 1.00 $225.00 $225.00 Task Total $450.00
TASK: Soils-Asphalt PW
4/3/23 NA191172B.0005 AC/Soil Inspector w/Nuclear Gauge 6.00 $112.00 $672.00 4/3/23 NA191172B.0005 PM/PE Review/Admin Support 1.00 $86.00 $86.00 4/3/23 NA191172B.0005 Trip Charge (ea) 1.00 $72.00 $72.00 4/4/23 NA191172B.0006 AC/Soil Inspector w/Nuclear Gauge 2.00 $112.00 $224.00 4/4/23 NA191172B.0006 PM/PE Review/Admin Support 1.00 $86.00 $86.00 4/4/23 NA191172B.0006 Trip Charge (ea) 1.00 $72.00 $72.00 4/5/23 NA191172B.0007 AC/Soil Inspector w/Nuclear Gauge 4.00 $112.00 $448.00 4/5/23 NA191172B.0007 PM/PE Review/Admin Support 1.00 $86.00 $86.00 4/5/23 NA191172B.0007 Trip Charge (ea) 1.00 $72.00 $72.00 4/7/23 NA191172B.0008 AC/Soil Inspector w/Nuclear Gauge 2.00 $112.00 $224.00 4/7/23 NA191172B.0008 PM/PE Review/Admin Support 1.00 $86.00 $86.00 4/7/23 NA191172B.0008 Trip Charge (ea) 1.00 $72.00 $72.00 Task Total $2,200.00
Invoice Total $2,650.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 4/20/2023 Page 1 of 1 Client #396776

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Attachment: Invoice TJ26675_Terracon (3836 : Terracon Consultants, Inc.)

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Attachment: Invoice 56966_Harris & Associates (3838 : Harris & Associates) CONTRACTOR: Diede Construction, Inc.

PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:

INVOICE NO: 2
DATE: 4/30/2023
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $502,526.60 LESS RETENTION: $25,126.33
APPROVED CONTRACT CHANGES: $288,622.00 PREVIOUSLY PAID AMOUNT: $477,400.27 CURRENT INVOICED AMOUNT: $317,021.00
LESS RETENTION: $15,851.05
TOTAL CONTRACT AMOUNT: $11,444,622.00 CURRENT AMOUNT DUE: $301,169.95 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $819,547.60 LESS RETENTION: $40,977.38
TOTAL PAID TO DATE: $778,570.22

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $10,625,074.40
Approx. % Complete: 7%
Work performed includes mobilization, submittals, construction staking, erosion control, grading, purchase of electrical, storm drain, and sewer materials, and pond berm restoration.

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

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Attachment: Invoice 2_Diede Construction (3845 : Diede Construction, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 05/09/2023
Subject: Annexation Policy for Connection Fees
RECOMMENDED ACTION:

Adopt the resolution rescinding Resolution 99-24 and re-establishing an updated policy for the annexation of developed residential parcels to the City of Ripon regarding connection to municipal services.

BACKGROUND:

In 1999 the City Council of the City of Ripon adopted Resolution 99-24 (see Exhibit A) which put forth policies for the annexation of developed residential parcels to the City of Ripon. The resolution set forth the requirements and policies of when newly annexed developed residential properties were required to hook up to City services, and what improvements and fees are due at the time of connection.

Additionally, the resolution defines a loan program offered by the City of Ripon whereas the City would loan money for the extension of city services to the property, the installation of necessary required frontage improvements (curb, gutter, sidewalk) and payment of hookup/development fees for water, sewer and storm. The loan was offered at 5% fixed interest over a 15-year period, in annual installments. In the alternative, the City and property owner may enter into a loan agreement whereby no annual payment is made, and the loan amount, plus interest, is repaid at the time the property is developed, sold, or ownership is otherwise transferred.

DISCUSSION/ANALYSIS:

Due to recent changes in California prevailing wage laws, modifications to our policy were necessary. Essentially any project receiving funds from the City of Ripon must be prevailing wage. This essentially nullifies our ability to loan money to private residents for the extension of City services to their property or the installation of curb, gutter and sidewalk across the frontage of their property.

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The proposed changes to the resolution would eliminate the option for the City to loan money to private residents for the above mentioned frontage improvements or improvements needed to connect to City utilities, however does maintain an option to allow residents to enter into a loan agreement to pay their utility development/hookup fees to the City of Ripon over a period of 15 years.

The new proposal would allow a resident to enter into a loan agreement with the City of Ripon to cover the development/hookup fees for City water, sewer and storm. Any loan made pursuant to this new policy shall be fixed at the time of borrowing and shall bear an interest rate of the current federal funds rate plus 1% per annum, with no prepayment penalty. Repayments of the loan shall be made over a 15-year period, in monthly installments.

FISCAL IMPACT:

N/A
Attachments:

1. Resolution No 99-24

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RESOLUTION NO. 23-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON RESCINDING RESOLUTION 99-24 AND REESTABLISHING AN UPDATED POLICY FOR THE

ANNEXATION OF DEVELOPED RESIDENTIAL PARCELS

TO THE CITY OF RIPON
WHEREAS, on March 16, 1999, the City Council adopted Resolution 99-24 which set forth policies for the annexation of developed residential parcels to the City of Ripon.

WHEREAS, resolution 99-24 recognized that such properties are, in most cases, not served with traditional municipal services, such as municipal water, sewer, storm drainage, curbs, gutters and sidewalks. Rather, said properties are served by domestic wells, septic tanks, and onsite drainage; and
WHEREAS, the Ripon General Plan and Municipal Code require that all residential properties must be connected to municipal services; and WHEREAS, the City Council recognizes that requiring property owners to connect to municipal services upon annexation can create a financial hardship to some property owners, and desires to set forth an alternative method of connecting to municipal services, and making payment for such connection; and
WHEREAS, the City Council is now desirous of amending those policies in light of new State Law regulations regarding the expenditure of any City revenues pertaining to public works projects.

NOW, THEREFORE, BE IT RESOLVED THAT THE FOLLOWING POLICY FOR ANNEXATION OF DEVELOPED RESIDENTIAL PARCELS IS HEREBY ADOPTED:

1. This policy shall apply only to parcels which are developed with one or more residential units at the time of annexation. This policy does not apply to annexations of undeveloped land.

2. Owners of residential units in newly annexed areas are encouraged, but not required, to connect to city water, sewer and storm drainage facilities at the time their properties are annexed to the City. Property owners with residential units may connect to city water, sewer and storm drainage facilities at any time after annexation, provided the property owner pays for any necessary extension of such utilities to their property. A property owner connecting to city services shall connect to all such services at the same time.

3. In addition to the requirement to connect to city water, sewer and storm drainage facilities, owners of developed residential properties shall install curb, gutter and sidewalk along the frontage of their properties, consistent with City standards. The City Council may in their discretion, at the time the property owner connects to City water, sewer and storm drainage

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facilities, waive, modify or defer the requirement to install curb, gutter and sidewalk improvements, in whole or in part, based upon the following factors: financial hardship to property owners, potential future projects which may cover those improvements or lack of surrounding sidewalk improvements at the time of connection.

4. In calculating the connection fees for City water, sewer and storm drainage facilities, the City shall impose those fees set forth in the City of Ripon’s Public Facilities Financing Plan, as indexed and/or revised from time to time, for the following facilities:
a. Water Facilities for single family units
b. Wastewater Facilities for single family units
c. Storm Drainage Facilities for single family units
In the event a property owner is already connected to any of the aforementioned facilities at the time of annexation, such fee(s) shall not be applicable.

5. Notwithstanding any other provision of this Resolution, at any time after annexation, if the property owner’s domestic well or septic system fails, as determined by the San Joaquin County Department of Environmental Health or other agency of competent jurisdiction, and a permit for repair or replacement would otherwise be required, the property owner shall, at its expense, connect to all available city services, including water, sewer and storm drainage facilities.

6. The City Council recognizes that in some cases, the property owner may not be able to afford to incur the costs associated with connection to city services. In such cases, the City shall make a loan to the property owner in the amount sufficient to pay the connection fees set forth in Section 4 above. Any loan made pursuant to this policy shall be fixed at the time of borrowing and shall bear an interest rate of the current federal funds rate plus 1% per annum, and shall contain no prepayment penalty. Repayment of the loan shall be made over a 15 year period, in monthly installments. The City may secure repayment through an annual property lien or other appropriate security, as determined by the City Administrator.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of May, 2023, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk

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Attachment: Resolution No 99-24 (23-18 : Annexation Policy for Connection Fees)

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Attachment: Resolution No 99-24 (23-18 : Annexation Policy for Connection Fees) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 05/09/2023
Subject: Funding Resolution - Senate Bill (SB) 1
RECOMMENDED ACTION:

This resolution adopts a list of projects to be funded with Senate Bill 1 "The Road Repair and Accountability Act of 2017" and authorizes staff to proceed with submitting the project list to the California Transportation Commission in order to continue receiving funds from the Road Maintenance and Rehabilitation Account for Fiscal Year 2023-24.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1 increases per gallon fuel excise taxes, increases diesel fuel sales taxes and vehicle registration fees, and provides for inflationary adjustments to tax rates in future years. Beginning November 1, 2017, the State Controller began depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). In order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the CTC.

DISCUSSION/ANALYSIS:

In order for the City to begin receiving apportionments for any given year, a proposed project list that includes a project title, description, location, estimated schedule for start and completion and an estimated useful life of the improvement must be adopted by resolution and submitted to the CTC by July 1st of each year. The project list does not limit the flexibility the City has to fund projects in accordance with local needs and priorities so long as the projects are consistent with RMRA priorities.

The only requested change to the project list is that the previously listed Madsen Resurface Project be renamed the South of Main Street Project. There is no change to the scope of this project. There are no additional requested changes to the project list for FY 2023-24.

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There is no negative impact to adding or keeping eligible projects on the list; additionally projects not included on the list may also be funded with SB1 funds as long as they are eligible within the program. Next year Staff will recommend an updated project list based on City Council’s direction of priority projects.

FISCAL IMPACT:

The City estimates receiving the full apportionment of RMRA funding for FY 2023-24 in the amount of $395,005.

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RESOLUTION NO. 23-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ADOPTING A LIST OF PROJECTS FOR FISCAL
YEAR 2023-24 FUNDED BY SENATE BILL 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Ripon are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Ripon must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s start and completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Ripon, will receive an estimated $395,005 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City of Ripon is receiving SB 1 funding and will enable the City of Ripon to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Ripon has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Ripon used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Ripon maintain and rehabilitate streets within the City of Ripon this year and several similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Ripon streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

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WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Ripon, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted projects may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues. With the relisting of these projects in the adopted fiscal year resolution, the City of Ripon is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of May, 2023, by the following vote:

Project Title Description Location
Estimated
Useful Life
Estimated
Start
Estimated
Completion
Ripon Safe Routes
to School
Improvements
(Second Street)
Construct Class II and
Class III bikeways, 9
curb extensions and 18
improved crossings, and
install one flashing
beacon.

In Ripon along
Second St. from S
Wilma Ave. to S
Stockton Ave., N
Acacia Ave. from
Hwy 99 to Doak
Blvd, Prospect
Ave. from Frontage
Rd. to Ripona Ave.,
and the full length
of Ripona Ave.
15 Years 07/25 11/25
South of Main
Street Project
(Previously known
as the Madsen
Resurface Project)
Includes an asphalt
overlay, a Micro-slurry,
an asphalt rubber cape
seal, ADA Domes,
isolated dig outs and
striping.

Main St, Jack Tone
Rd, Vera Ave. and
Doak Blvd.
15 Years 07/23 07/24
River Road
Overlay Project
Includes an asphalt
overlay, isolated dig outs
and striping.

River Rd. from
Jack Tone Rd. to N.

Ripon Rd.
15 Years 07/25 11/25

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

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

By: ___________________________
LISA ROOS, City Clerk

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 05/09/2023
Subject: Credit Card Policy - Update
RECOMMENDED ACTION:

This resolution amends the City of Ripon’s Credit Card Policy to add a credit card for the Police Department, in the name of the Police Chief, to use for training purposes only.

BACKGROUND:

The City Council first approved for the City Administrator to have a credit card in 1983 with a limit of $1,000. In 1996, a Credit Card Policy was adopted and Council Members and the City Clerk were authorized credit cards in addition to the City Administrator. Since then, the Public Works Director has been authorized to carry a credit card.

The Credit Card Policy was last updated in 2004 and the following people are authorized to have City Credit cards with the following credit limits:

Position Credit Limit
Council Members $1,000
City Administrator $5,000
City Clerk $10,000
Public Works Director $5,000
DISCUSSION/ANALYSIS:

The Police Department schedules trainings and hotel rooms for all of its employees. In the past, check requests would be made and checks were mailed to the organization providing the training and Police Department personnel brought the check payable to the hotel with them when they checked in.

More recently, we are able to pay these training and hotel expenses by credit card, which is very convenient. The Police Department uses the City Clerk’s credit card to pay for these trainings.

However, these costs can add up quickly with the other credit card charges that take place on the

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City Clerk’s credit card. There are many months when multiple payments have to be made against the balance in order to keep enough available to cover charges and ensure that funds are available when Police Department personnel are checking into hotels. In addition, due to the Police Department being staffed 24 hours a day, there are times when the City Clerk is not available for her card to be used.

Staff is recommending that the Police Chief be added to the Credit Card Policy with a credit limit of $5,000 to be used for the Police Department trainings and expenses that go along with the trainings including hotels or other travel arrangements.

Attached is a final version and a redline version of the Policy, which shows the changes from the current adopted Policy to the proposed amended Policy.

FISCAL IMPACT:

N/A
Attachments:

1. Credit Card Policy 2023.05

2. Credit Card Policy 2023.05 - REDLINE

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RESOLUTION NO. 23-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AMENDING THE CREDIT CARD POLICY AND
RESCINDING RESOLUTION NO. 04-71
WHEREAS, the City of Ripon is desirous of amending the Credit Card Policy to add a credit card for the Police Department, in the name of the Police Chief, to use for training purposes only; and
WHEREAS, the purpose of the Credit Card Policy is to establish a set of guidelines by which the City credit cards can be used; and
WHEREAS, the Credit Card Policy establishes that the City credit cards shall be used for reasonable and necessary expenses incurred during the performance of City business and in emergency situations; and
WHEREAS, the Credit Card Policy authorizes and empowers the City Administrator, City Clerk, Public Works Director, Police Chief, and City Council members to charge goods and services with the City credit card. Said charges are permitted for City-related expenses only. No personal uses shall be permitted.

WHEREAS, the Credit Card Policy establishes the following credit limits for those individuals authorized to carry and use the card:

Position Credit Limit
Council Members $ 1,000
City Administrator $ 5,000
City Clerk $10,000
Public Works Director $ 5,000
Police Chief $ 5,000; for training expenses only
WHEREAS, the City Council finds that it is now in the best interest of the City to rescind the prior Credit Card Policy and Resolution 04-71, which passed that Policy.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon does hereby rescind Resolution 04-71.

BE IT FURTHER RESOLVED that the City Council of the City of Ripon does hereby adopt the Credit Card Policy attached hereto in Exhibit “A”, as well as any other documents necessary to carry out the provisions of the Credit Card Policy and the intent of the City Council.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of May, 2023, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk

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Exhibit A
1 Updated 5/2023

CITY OF RIPON

CREDIT CARD POLICY
The Credit Card Policy of the City of Ripon is established for the purpose of setting forth policy guidelines for the use of City credit cards.

The City credit cards shall be used for reasonable and necessary expenses incurred during the performance of City business.

The City credit cards are established in the name of the City of Ripon through the Bank of Stockton. Individuals serving in the following positions are authorized to carry and use said credit cards up to the limits below:

Position Credit Limit
Council Members $ 1,000
City Administrator $ 5,000
City Clerk $10,000
Public Works Director $ 5,000
Police Chief $ 5,000; for training expenses only
The above-referenced City Council Members, officers and employees are authorized and empowered for and on behalf of the City to charge goods and services with their credit card. Said charges are permitted for City related expenses only. No personal uses shall be permitted.

Any authorized individual may decline to receive a City credit card in their name.

The City agrees to be bound by the terms of the Bank’s Charge Card Agreement and assumes the responsibility and liability for any and all legitimate charges make on City credit cards.

The following additional guidelines are also hereby established:

1. Only authorized persons shall carry and use the credit card

2. Authorize persons may not release their credit card to an unauthorized party.

3. Charges are permitted for City related business, travel or emergency expenses only.

Personal uses shall not be allowed.

4. The credit card limit established herein may not be increased absent an amendment to this policy.

5. All credit card purchases shall be monitored by the City Administration.

6. All receipts for purchases shall be submitted to the City for review and approval.

7. Noncompliance with any of the above standards and procedures shall result in immediate loss of charging privileges.

8. The City Council of the City of Ripon reserves the right to revoke any charge card from any individual and/or make all future expenses subject to City Council approval.

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Attachment: Credit Card Policy 2023.05 (23-20 : Credit Card Policy - Update) Redline Version
1 Updated 5/2023

CITY OF RIPON

CREDIT CARD POLICY
The Credit Card Policy of the City of Ripon is established for the purpose of setting forth policy guidelines for the use of the City Ccredit Ccards.

The City Ccredit Ccards shall be used for reasonable and necessary expenses incurred during the performance of City business and in emergency situations.

The City Ccredit Ccards isare established in the name of the City of Ripon through the Bank of Stockton. The City of Ripon has established three accounts for the use of the Credit Card.

The aggregate amount of borrowing shall not at any one time exceed the principal amount of Five Thousand Dollars ($5,000.00) by the City Administrator; Ten Thousand Dollars ($10,000.00) by the City Clerk; Five Thousand Dollars ($5,00.00 by the Public Works Director; and One Thousand Dollars ($1,000.00) by any City Councilmember.

The following iIndividuals serving in the following positions are authorized to carry and use said credit cards up to the limits below:

Position Credit Limit
Council Members $ 1,000
City Administrator $ 5,000
City Clerk $10,000
Public Works Director $ 5,000
Police Chief $ 5,000; for training expenses only
City Council Member Winn Visa Card No. ________________________ City Council Member Prince Visa Card No. ________________________ City Council Member Restuccia Visa Card No. ________________________ City Council Member Pernice Visa Card No. ________________________ City Council Member Nutt Visa Card No. ________________________ City Administrator Visa Card No. ________________________ City Clerk Visa Card No. ________________________
Public Works Director Visa Card No. ________________________ The above-referencednamed City Council Members, officers and employees are authorized and empowered for and on behalf of the City to charge goods and services with their Ccredit Ccard.

Said charges are permitted for City related expenses only. No personal uses shall be permitted.

Any authorized individual may decline to receive a City credit card in their name.

The City agrees to be bound by the terms of the Bank’s Charge Card Agreement and assumes the responsibility and liability for any and all legitimate charges make on the City cCredit Ccards.

The following additional guidelines are also hereby established:

1. Only authorized persons shall carry and use the Ccredit Ccard

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Attachment: Credit Card Policy 2023.05 - REDLINE (23-20 : Credit Card Policy - Update) Redline Version
2 Updated 5/2023

2. Authorize persons may not release their Ccredit Ccard to an unauthorized party.

3. Charges are permitted for City related business, travel or emergency expenses only.

Personal uses shall not be allowed.

4. The Ccredit Ccard limit established herein may not be increased absent an amendment to this policy.

5. All credit card purchases shall be monitored by the City Administration.

6. All receipts for purchases shall be submitted to the City for review and approval.

7. Noncompliance with any of the above standards and procedures shall result in immediate loss of charging privileges.

8. The City Council of the City of Ripon reserves the right to revoke any charge card from any individual and/or make all future expenses subject to City Council approval.

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Packet Pg. 67
Attachment: Credit Card Policy 2023.05 - REDLINE (23-20 : Credit Card Policy - Update) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 05/09/2023
Subject: Mitigation Impact Fee Loan to Corp Yard AB1600 Fund RECOMMENDED ACTION:

Staff is recommending the City Council approve this resolution lending $5,687,300 from the General Fund Mitigation Impact Fee to the Corporation Yard AB1600 Capital Fund for the construction of the Fleet Maintenance Facility Project.

BACKGROUND:

In December 2022, the City Council awarded the construction contract for the Fleet Maintenance Facility Project in the amount of $13,032,041 with the funding sources and amounts listed below:

Fund Allocation
Corp Yard AB1600 $440,000
Measure K Transit $970,000
ARPA Funds $1,800,000
RDA Bond Proceeds $1,741,000
Sewer Capital Enterprise $800,000
Water Capital Enterprise $800,000
Storm Capital Enterprise $456,500
Corp Yard AB1600 Loan $5,687,300
General Fund – Dept Capital $337,241
DISCUSSION:

This resolution formally approves the loan from the Mitigation Fund to the Corporation Yard AB1600 fund at an annual simple interest rate of 1% to be used for the construction of the Fleet Maintenance Facility. The loan is to be repaid by the revenue generated from development Corp Yard AB1600 fees. The term of this loan is projected to be 23 years, based on an interest rate of

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1% and a residential growth rate of 1.5%, which would be around the time the population of Ripon is 23,000.

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Packet Pg. 69
RESOLUTION NO. 23-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON APPROVING A LOAN TO THE CORPORATION
YARD AB1600 FUND FROM THE GENERAL FUND

MITIGATION IMPACT FEE
WHEREAS, a General Fund Mitigation Impact Fee has been imposed on residential development projects and collected through Development Agreements in an effort to mitigate the long-term future impacts of growth; and
WHEREAS, fees collected pursuant to the General Fund Mitigation Impact Fee have been maintained in a separate Mitigation Fund; and
WHEREAS, since the inception of the fund, the practice of the City has been to transfer half of the interest earned each year to the General Fund and the other half remained in the Mitigation Fund to grow the Fund; and
WHEREAS, the City Council has from time to time evaluated options for the use of the Mitigation Fund to mitigate the impacts of growth, which are not otherwise mitigated by new development; and
WHEREAS, the City Council policy for the use of these funds is to (1) transfer interest generated from this fund to the General Fund during an economic downtown and an operational deficit occurs and (2) leverage these funds to advance priority projects through a loan; and WHEREAS, the City Council has approved original funding of $13,032,041 for the Fleet Maintenance Facility Project, of which $5,687,300 was a loan from the General Fund Mitigation Impact Fees to the Corporation Yard AB1600 Capital Fund.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City of Ripon does hereby approve lending $5,687,300 from the general fund mitigation impact fee to the Corporation Yard AB1600 capital fund for the construction of the Fleet Maintenance Facility Project at a simple interest rate of 1% per year.

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BE IT FURTHER RESOLVED that the loan is to be repaid by fees generated from development Corporation Yard AB1600 fees.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of May, 2023, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk

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Packet Pg. 71
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 05/09/2023
Subject: Investment in California Asset Management Program (CAMP) for liquid funds RECOMMENDED ACTION:

This resolution would authorize the City to invest liquid funds into California Asset Management Program (CAMP), in addition to Local Agency Investment Fund (LAIF), to realize a bigger return when interest rates are rising. In addition, the City Administrator and City Clerk would be authorized to transfer funds between LAIF and CAMP as necessary.

BACKGROUND:

The City of Ripon has three main banking accounts where it deposits and withdraws its money:

1. Bank of Stockton (day-to-day operations)

2. LAIF (short term investments)

3. Bank of New York (long term investments).

The City Clerk manages the cash between these accounts. Each May, the City Clerk and City Administrator analyze the amount of funds needed short term to cover operating costs and projected capital costs. If there is any excess, these funds are transferred to Bank of New York for a longer-term investment. On a weekly basis, the City Clerk reviews the day-to-day operations bank balances and makes transfers, as necessary, between Bank of Stockton and LAIF.

Staff was recently made aware of another short-term investment option – California Asset Management Program (CAMP). CAMP is a Joint Power Authority (JPA) for California Public agencies and is governed by a Board of Trustees, which is made up of various participants including counties, cities, and school districts.

The CAMP Pool, like Local Agency Investment Fund (LAIF), is managed to be liquid funds.

The CAMP Pool pays out interest monthly versus LAIF paying out interest quarterly. CAMP’s funds are shorter in duration. With rising interest rates, shorter durations return higher returns.

In a stable/solid interest rate environment, LAIF may have better returns than the CAMP Pool, so it could be helpful to have both investment options available.

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Below is a table that compares the returns from CAMP and LAIF as of December 2022:

CAMP LAIF
Month 4.3191% 2.173%
3-Month 3.8570% 2.07%
1-Year 1.7553% 1.065%
3-Year 0.8401% 0.839%
5-Year 1.3751% 1.337%
LAIF tracks the interest rate at a slower pace than CAMP because of how they each manage their portfolios. As you can see in the table above, especially for the recent past, the returns for CAMP are significantly higher than LAIF.

DISCUSSION/ANALYSIS:

Our current investment policy (Resolution 03-68) lists “any other investment security authorized under that provisions of California Government Code Section 5933, Section 53601 and Section 53635”. As a JPA, CAMP is permitted by Section 53601(p), so we would not have to make any changes to our investment policy in order to invest in this Program. However, when reviewing the investment policy, there are certain changes staff recommends the City Council consider at a future city council meeting.

There are two ways to invest in CAMP. We can join as an investor or a participant. As an investor, we are allowed to fully use the program and this is similar to how we invest in LAIF.

As a participant, the Governing Body has to pass a resolution and we have the same rights as investors, but we would join the JPA and have the ability to vote and serve on the Board.

As of March 31, 2023, we have $34,804,939 in LAIF. My recommendation would be that we move the majority of these funds into CAMP to reap the benefit of increasing interest rates. The Feds have raised interest rates again in May. CAMP will react faster than LAIF in these instances and we will see a large return on our investment. Staff recommends that the City of Ripon join CAMP as an investor and if we decide we want more control and want to be a participant in the future, we can pass that resolution at that time.

Keeping the investment option of LAIF in addition to CAMP will allow staff to transfer funds between these liquid fund options when interest rates change, depending on which is getting the best return at the time.

With the addition of CAMP investments, the City Clerk will analyze the returns of CAMP and LAIF on a monthly basis and make transfers between those accounts, as necessary. In addition, the quarterly investment report will be updated to show the City Council where the funds are invested and the return for each account.

FISCAL IMPACT:

The fiscal impact of investing in CAMP versus LAIF will be additional interest income into all of our funds based upon the larger returns currently realized by CAMP during rising interest rates.

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Packet Pg. 73
RESOLUTION NO. 23-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING INVESTMENTS OF MONIES IN

CALIFORNIA ASSET MANAGEMENT PROGRAM
WHEREAS, the City Council is desirous of having a second investment option for liquid funds that may provide better and/or more stable returns than Local Agency Investment Fund (LAIF), during times of rising interest rates; and
WHEREAS, California Asset Management Program (CAMP) is a Joint Power Authority (JPA) for California Public agencies and is governed by a Board of Trustees, which is made up of various participants including counties, cities, and school districts; and WHEREAS, the City of Ripon’s current investment policy (Resolution 03-68) lists as permissible investments “any other investment security authorized under the provisions of California Government Code Section 5933, Section 53601 and Section 53635”; and WHEREAS, as a JPA, CAMP is permitted by Government Code Section 53601(p) and therefore permissible under the City’s current investment policy; and WHEREAS, PFM Asset Management, LLC serves as the Program Administrator and Investment Advisor to CAMP; and
WHEREAS, the City of Ripon is able to invest in CAMP either as an investor, being allowed to fully use the program in a similar investment style as LAIF, or as a participant, having the same rights as an investor, but joining the JPA and having the ability to vote and serve on the Board.

NOW THEREFORE, BE IT RESOLVED THAT:

1. The City Council does hereby authorize deposits and withdrawals of money in California Asset Management Program through PFM Asset Management LLC as the Program Administrator and Investment Advisor to CAMP.

2. The City of Ripon does hereby join CAMP as an investor according to CAMP’s definitions.

3. The City Council authorize the City Administrator and the City Clerk to order the deposits or withdrawals of monies into or out of CAMP.

4. The City Council authorizes the City Administrator and the City Clerk to transfer funds between LAIF and CAMP as necessary.

5. The City Administrator and the City Clerk are authorized to execute such other and further documents as may be necessary and appropriate in order to implement the actions authorized herein.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of May, 2023, by the following vote:

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Packet Pg. 74
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER:Gary Barton, Council Member
AYES: Michael Restuccia, Leo Zuber, Gary Barton
ABSENT: Daniel de Graaf, Dean Uecker

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

By: ___________________________
LISA ROOS, City Clerk

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Packet Pg. 75
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 05/09/2023
Subject: CDBG Coop Agreement
RECOMMENDED ACTION: Approve the Resolution authorizing the City of Ripon to remain a part of the Urban County Cooperation Agreement for the purpose of administering the Community Development Block Grant program and direct staff to file the appropriate paperwork to facilitate such action.

BACKGROUND: Every three years the City of Ripon must adopt a resolution authorizing the City of Ripon to remain a part of the Urban County Cooperation Agreement for the purpose of administering the Community Development Block Grant (CDBG) program. The City of Ripon could opt to go out on our own and might potentially be able to receive more CDBG funding, however we would have to administer the entire program for the City of Ripon in house and deal with HUD directly. Typically this does not make a lot of sense unless you have larger populated cities, such as Stockton, and have a lot of low income designated block groups identified by the U.S. Census. Ripon does not fit well into this criteria, therefore it is staff’s recommendation to remain part of the Urban County’s Coop agreement. Attached is the original Urban County Community Development Block Grant and HOME Investment Partnership Act Cooperation Agreement.

Attachments:

1. CDBG Coop Agreement

1.3.F
Packet Pg. 76
RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING THE CITY OF RIPON TO REMAIN A

PART OF THE URBAN COUNTY COOPERATION

AGREEMENT FOR THE PURPOSE OF ADMINISTERING

THE COMMUNITY DEVELOPMENT BLOCK GRANT

PROGRAM
WHEREAS, the City of Ripon along with the cities of Escalon, Lathrop, Manteca, and Tracy are part of the consortium with the County of San Joaquin for the purposes of administering the Community Development Block Grant (CDBG); and WHEREAS, the City elects to remain within the Urban County Consortium for the purposes of administering the Community Development Block Grant for the next three years; and
WHEREAS, the City must renew its participation in the Urban County Consortium every three years.

NOW, THEREFORE, BE IT RESOLVED that City Council authorizes remaining within the Urban County Consortium for the purposes of administering the Community Development Block Grant for fiscal years 2024-2026.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of May, 2023, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

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Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

1.3.F.a
Packet Pg. 100 Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

1.3.F.a
Packet Pg. 101 Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

1.3.F.a
Packet Pg. 102 Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

1.3.F.a
Packet Pg. 103 Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

1.3.F.a
Packet Pg. 104 Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

1.3.F.a
Packet Pg. 105 Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

1.3.F.a
Packet Pg. 106 Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement)

1.3.F.a
Packet Pg. 107 Attachment: CDBG Coop Agreement (23-23 : CDBG Coop Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 05/09/2023
Subject: Destruction of Files - Administrative
RECOMMENDED ACTION: This resolution authorizes the destruction of certain financial records, documents, instruments, books and papers, in accordance with the California Government Code.

Attachments:

1. Records for Destruction

1.3.G
Packet Pg. 108
RESOLUTION NO. 23-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING DESTRUCTION OF CERTAIN

FINANCIAL RECORDS, DOCUMENTS, INSTRUMENTS,

BOOKS, AND PAPERS
WHEREAS, Section 34090 of the Government Code of the State of California provides that with the approval of the legislative body by resolution, and with the written consent of the City Attorney, the head of a city department may destroy any city record, document, instrument, book, or paper under his/her charge, without making a copy thereof, after the same is no longer required; and
WHEREAS, the City of Ripon desires that no record shall be destroyed or otherwise disposed of by any department of the City unless it is deemed that the record has no further administrative, legal, or fiscal value, and that the City Clerk has deemed that the record is inappropriate for preservation in the City archives; and WHEREAS, the City of Ripon is desirous of destroying certain records that have outlived their usefulness to the City from a legal, fiscal, operational, and administrative standpoint; and WHEREAS, these certain records hold no historical value to the City of Ripon; and WHEREAS, these certain records have been identified for destruction pursuant to the City of Ripon Records Retention Schedule adopted on June 1, 2004; and WHEREAS, the City Attorney has approved in writing and has consented to the destruction of certain records, as shown on Exhibit A attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon authorizes the destruction of certain records selected by the Deputy City Clerk, with written consent of each department head, and with the written consent of the City Attorney, certifying that these records have outlived their usefulness to the City from a legal, fiscal, operational, administrative, or historical standpoint within the guidelines of the California Government Code, Section 34090, for Destruction of Records.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of May, 2023, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk

1.3.G
Packet Pg. 110
FY 2011/2012

ACCOUNTING FILES
Projected Destruction Date: 1/23
Destruction Date:

Requested By: Joanne Beukelman
Box 1
Cash Receipts 7/11 to 12/11
Box 2
Cash Receipts 1/12 to 6/12
Box 3
General Ledger Journals 7/11 to 12/11
Box 4
General Ledger Journals 1/12 to 6/12
General Ledger Year End Reports
Box 4-A
Journal Entries
Miscellaneous Journal Entries
Treasurer's Reports
AB1600 Annual Reports (FYE 6/30/90-6/30/2012)
CSJVRMA Property and Vehicle inventory & value for insurance renewals (FY95/96 - FY11/12) Box 5
Accounts Payable Reports
Accounts Receivable Reports
Business License Reports
County/Misc./State Income
Returned Checks
1098's & 1099's (2012)
Box 6
Bank Statements
Booking Fees
Daily Bus Logs
Data Ticket Reports
Parking Citations
Box 7
Utility Billing Reports
*Above list also includes any like files prior to FY 2011/2012 that have not previously been destroyed.

Exhibit A

1.3.G.a
Packet Pg. 111 Attachment: Records for Destruction (23-24 : Destruction of Files - Administrative) FY 2014/2015

ACCOUNTING FILES
Projected Destruction Date: 1/23
Destruction Date:

Requested By: Joanne Beukelman
Box 8
Accounts Payable A - C
Box 9
Accounts Payable D - Ma
Box 10
Accounts Payable Mi - Pg
Box 11
Accounts Payable Pi - Te
Box 12
Accounts Payable Th - Z
Exhibit A

1.3.G.a
Packet Pg. 112 Attachment: Records for Destruction (23-24 : Destruction of Files - Administrative) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 05/09/2023
Subject: Pereira Property Development Agreement Extension Request RECOMMENDED ACTION:

The City Council approves a one-year extension of the Pereira Property Development Agreement as allowed for in the original Development Agreement.

BACKGROUND:

For many projects within the City of Ripon, the City enters into Development Agreements with the project proponent. Development agreements are contracts negotiated between project proponents and public agencies that govern the land uses that may be allowed in a particular project and establish conditions of approval for said project. The City of Ripon entered into a Development Agreement with the developer (HPG Ripon Development LLC) and property owners (Pereira Properties and Gregory and Donna Miller) for the Pereira Residential Development Project in April of 2020. Development Agreements made with the City of Ripon are typically valid for a ten (10) year period, however they do contain performance requirements expecting that construction of the project will commence within approximately three (3) years or else the owner/developer will be in default of the agreement. Within the agreement there are provisions for the owner/developer to request a one-year extension of said performance requirements upon approval by the City Council.

DISCUSSION/ANALYSIS:

To date construction of the project has not yet commenced. Staff did receive a letter, dated April 15, 2023, from the developer requesting a one-year extension pursuant to Exhibit “C” section 4 of the approved Pereira Development Agreement. The terms of the Development Agreement require construction to commence before the end of 2023. Approval of the extension will grant a one-year extension on that term, requiring construction to commence before the end of calendar year 2024.

1.4.A
Packet Pg. 113
FISCAL IMPACT:

There is no fiscal impact identified to the City in granting this requested extension.

Attachments:

1. DA Extension Request

1.4.A
Packet Pg. 114

1.4.A.a
Packet Pg. 115 Attachment: DA Extension Request (3828 : Pereira Property Development Agreement Extension Request) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 05/09/2023
Subject: Quarterly Investment Report Review
RECOMMENDED ACTION:

Accept the City’s quarterly investment report for the period ending March 31, 2023.

BACKGROUND:

The following report is the City’s quarterly investment report for the period ending March 31, 2023. This report summarizes the City’s investment policy that was adopted by the Council in 1996 and amended in 2003, shows the average interest rate for the last 12 months, and lists individual investments with their balances and interest rates as of the end of the period. The interest rates that are shown on the report are for the 12-month period or quarter then ended.

The City maintains money in both shorter-term daily liquidity investments, such as LAIF, and longer-term investments held at the Bank of New York. The LAIF investment allows the City to earn interest, which is normally lower than the interest from longer-term investments, while the funds remain liquid and can quickly be transferred from time to time to cover operational costs of the City throughout the year.

The investments held at The Bank of New York have longer durations, as such, our goal is to not access the funds for liquidity purposes. It is not uncommon during federal tightening cycles for money market funds and pools similar to LAIF to have yields that surpass longer duration portfolios such as the investments held at the Bank of New York. Nevertheless, this occurrence is typically transitory in nature and although market dependent, we expect the longer-term investments to eventually pass the LAIF yield in the near future.

1.4.B
Packet Pg. 116
Section 115 Trust
In October 2022, $1,135,396.65 was deposited into the City’s Section 115 Trust with PARS.

Below is a table showing the return on investment of these funds:

Initial Deposit –
10/2022
Current Balance –
03/2023
Earnings Rate of
Return
$1,135,396.65 $1,170,229.49 $34,832.84 3.09%
Attachments:

1. Investment report for Council 03.2023

1.4.B
Packet Pg. 117
1 $34,804,939
2 $30,859,299
Ratings
Investments: Agency 18.8% AA+
US Corporate 26.9% A+
US Treasury 33.5% AA+
Money Market Fund 0.1% AAA
ABS 11.7% AAA
Supranational 4.3% AAA
Muni Bonds 0.8% AA‐
CMO 3.9% AAA
3 253,643
4 90
Water revenue bonds ‐ 2012                178
Water revenue bonds ‐ 2006
CSJVRMA Pool ‐ fair value
Bank of New York (book value ‐ $31,761,665)
Interest rate 1.62% at 03/31/23
U S Treasury ‐ (fair value basis 1.0)
Interest rate 2.68% at 03/31/23
Interest rate 1.00% at 03/31/23
Bank of Stockton
U S Treasury ‐ (fair value basis 1.0)
Interest rate 4.69% at 03/31/23
U S Bank
Based upon the Treasurer’s report, the entire investment of the City of Ripon is in FULL COMPLIANCE with the 2003 City of Ripon Investment Policy and the California Government Code.

As of March 31, 2023, the City’s average interest rate for the last 12 months is 2.21%.

At the end of March 2023, City funds are held in the following investments as listed:

INVESTMENTS
State Treasurer  ‐  LAIF ‐ (fair value basis 1.0)
This quarterly review complies with all of the elements required by California Government Code Section 53646(b).

CITY OF RIPON
Investment Policy
Quarterly Report
January 01, 2023 ‐ March 31, 2023
The City of Ripon’s investment policy was adopted by Resolution 96‐63 on June 18, 1996 and it has been amended by Resolution 03‐68 on August 19, 2003.  This policy provides for the legislative body of a local agency to invest all money belonging to or in the custody of the local agency in accordance with the provisions of California Government Code Sections 5922, 53601 et seq., and 53635.

1.4.B.a
Packet Pg. 118 Attachment: Investment report for Council 03.2023 (3829 : Quarterly Investment Report Review) Investment Report
March 31, 2023

5 ‐
Total Investments $65,918,149
Lisa Roos
Respectfully Submitted,
Lisa Roos
City Clerk/Finance Director
U S Treasury ‐ (fair value basis 1.0)
Interest rate 0.00% at 03/31/23
U S Bank
Redevelopment agency 2020 tax allocation bonds
This report certifies that all investment actions executed prior to this report have been made in full compliance with the City of Ripon Investment Policy.  This report also certifies that the City of Ripon will meet its expenditure obligations for the next six months as required by California Government Code Section 53646(b)(2) and (3).
\\rcityfs2\users\LROOS\My Documents\Investment Reports\Investment report for Council.xlsx ‐ 2023.03.31

1.4.B.a
Packet Pg. 119 Attachment: Investment report for Council 03.2023 (3829 : Quarterly Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 05/09/2023
Subject: Avid Candlewood Suites PIA

RECOMMENDED ACTION
Approve and authorize the Mayor to sign the Project Improvement Agreement between the City of Ripon and Ripon Hospitality required for the development of the Avid Candlewood Suites proposed to be located on 1499 N. Jack Tone Road (next to Flying J).

BACKGROUND
Ripon Hospitality is proposing to construct a four-story, 45,338 square foot hotel with an outdoor pool, gazebo and fitness center located at 1499 N. Jack Tone Road. (existing lot is approximately

2.03 acres in a Highway Service Commercial (C4) zoned district, adjacent to the Flying J Fueling Station.)
On October 17, 2022, the Planning Commission approved the Avid Candlewood Suites project.

As part of the conditions of approval, Ripon Hospitality 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, Ripon Hospitality is required to complete the following improvements within the public right-of-way:
 Installation of a left turn pocket and necessary striping along N. Jack Tone Road for access to their site.
 Installation of a Type II slurry seal for any and all work being performed in the right-ofway across the project’s property frontage as approved by the City Engineer.  Installation of landscaping and improvements in the median on N. Jack Tone Road

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between Colony Road and Santos Avenue as approved by the City Engineer and Public Works Director.
 Provide access to the City of Ripon’s park-and-ride lot and signage as approved by the City Engineer.

FISCAL IMPACT
None.

Attachments:

1. Avid Candlewood Suites_PIA

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA)

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Attachment: Avid Candlewood Suites_PIA (3831 : Avid Candlewood Suites PIA) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 05/09/2023
Subject: CNG Station Improvements
RECOMMENDED ACTION:

Approve and authorize the purchase and commission of new control panels for the two CNG compressors at the CNG Fueling Station from ANGI Energy in the amount of $42,305.82 (funding source: Senate Bill 1 – State of Good Repair Program).

BACKGROUND:

In 2006 the City completed construction of the Compressed Natural Gas (CNG) Fueling Station on Doak Boulevard through a combination of local and federal grant funds. The CNG facility serves many Ripon fleet vehicles in the Public Works Department including the garbage trucks.

CNG fuel is also available to the public and is purchased regularly by Ripon residents and outside businesses. The facility is also equipped with diesel and regular gasoline pumps that serve City, Police and Fire vehicles exclusively. The CNG fuel is priced competitively and covers the natural gas cost from PG&E, general facility operating expenses and future capital improvements/replacements. Earlier this year the original CNG dual fueling dispenser unit was replaced.

DISCUSSION/ANALYSIS:

The facility has two large CNG compressors which fill a series of high pressure holding vessels that are tied into the dispenser units. The compressor control systems are outdated and in need of replacement. Staff has received a proposal to purchase, install and commission the upgraded compressor controllers directly from the manufacturer ANGI. The proposal also includes performing a comprehensive maintenance service to replace seals, gaskets, valves, other critical elements in order to help prevent future problems. ANGI has estimated the delivery and installation to be approximately 8 weeks out.

FISCAL IMPACT:

The attached proposal from ANGI Energy to purchase, install, and commission two CNG

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compressor controller units and perform a full maintenance services on both compressors at a cost of $42,305.82 to be paid for through Senate Bill 1 – State of Good Repair Funds.

Senate Bill 1 - State of Good Repair Program Funds were included as part of the Road Repair and Accountability Act of 2017 and can be used for transit maintenance, rehabilitation and capital projects. The program funds are administered through the San Joaquin Council of Governments and are distributed based on population share. Ripon has received approximately $20,000 annually since FY 2017/18 and the current balance is $122,000.

Attachments:

1. ANGI - Controller Proposal

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Packet Pg. 134
ANGI Energy Systems, LLC
PO Box 5216
Janesville, WI 53547-5216
Telephone : 608-563-2800
Fax ... .. ..: 608-531-2635
Quoted For:

CITY OF RIPON
1210 Vera Ave
Ripon, CA 95366-3510
Quotation
Number . ... .. .. : Q033496-1
Date ... .. ... .. .. : 5/2/2023
Page .. .. ... .. .. : 1 of 5
Requisition . .. .. :

Cust Ref ... .. .. : James Pease
Payment ... .. .. : Net 30
Item number Description Quantity Unit List Price Unit Price Amount 760-07422 KIT-OIL SAMPLE
INCLUDES:

Sample collection bottle
Plastic sleeve
Equipment Detail form
Return shipping box

2.00 Each 50.00 50.00 100.00
150-07373 OIL-COMP GLY-100 SYNTH 5 GALLON
PAIL

2.00 5gal 370.95 370.95 741.90
*** Item is NOT Returnable ***
770-07268 ELEMENT-L.O. FILTER SPIN ON ARIEL 2.00 Each 18.63 18.63 37.26 761-07531 REBUILD KIT-PISTON ROD PACKING

1.125

2.00 Each 579.00 579.00 1,158.00
720-07303 GASKET-RET TOP COVER M:P 1/32 2.00 Each 28.97 28.97 57.94 720-07302 GASKET-RET 9-1/2x6-7/16x1/32 4.00 Each 6.33 6.33 25.32 720-07538 GASKET-SINGLE LUBE BOX COVER
ARIEL 1/32

2.00 Each 2.34 2.34 4.68
710-07285 O'RING-VT 3.520 ODx.210 ARIEL 2.00 Each 4.46 4.46 8.92 710-07278 O'RING-VT 3.887 ODx.139 ARIEL 2.00 Each 8.17 8.17 16.34 300-07324 VALVE-CONCENTRIC 062/030 1-1/4 2.00 Each 1,534.00 1,534.00 3,068.00 720-07482 GASKET-STEEL 2.438x2.00x60 4.00 Each 25.36 25.36 101.44 761-07507 KIT-VALVE CONCENTRIC 062/030 1-1/4
INCLUDES:
(2) A-12084 GASKET-STL

2.438x2.125x60
(1) A-1812 O'RING VT 3.887 OD x .139
(1) A-2066 PIN-DOWEL .094 x .125L
(1) A-6088 VALVE-RING 30R .079THK
(1) A-6089 VALVE RING 62C .079THK
(2) A-6090 SPRING-LENTOID 30R
.079THK
(2) A-6091 SPRING-LENTOID 62C .128
THK

2.00 Each 215.00 215.00 430.00
300-07587 VALVE-SUCT 52RX MTX 2.00 Each 443.00 443.00 886.00 760-07288 KIT-VALVE SUCT 52RX MT FOR B-4087-
AA

2.00 Each 109.00 109.00 218.00
300-07493 VALVE-DISCH 52RX MT 2.00 Each 426.00 426.00 852.00 708-07508 KIT-VALVE 52RX MTX 2.00 Each 129.00 129.00 258.00 720-07437 GASKET-STEEL 2.25IDx2.438ODx30 4.00 Each 10.60 10.60 42.40 710-07275 O'RING-VT 2.520 ODx.210 ARIEL 4.00 Each 3.38 3.38 13.52 770-07336 ELEMENT-FINITE HN4S&MN4S
100MICRON SEPARATOR

2.00 Each 315.61 315.61 631.22
710-07333 O'RING-FILTER FINITE H-SERIES

HOUSING

2.00 Each 21.75 21.75 43.50
770-07311 ELEMENT-FINITE J4 100MICRON

COALESCING

2.00 Each 193.25 193.25 386.50
715-04427 O'RING-FILTER FINITE J4 BOWL 070
(75074V)

4.00 Each 8.25 8.25 33.00

1.4.D.a
Packet Pg. 135 Attachment: ANGI - Controller Proposal (3835 : CNG Station Improvements) ANGI Energy Systems, LLC
PO Box 5216
Janesville, WI 53547-5216
Telephone : 608-563-2800
Fax ... .. ..: 608-531-2635
Quoted For:

CITY OF RIPON
1210 Vera Ave
Ripon, CA 95366-3510
Quotation
Number . ... .. .. : Q033496-1
Date ... .. ... .. .. : 5/2/2023
Page .. .. ... .. .. : 2 of 5
Requisition . .. .. :

Cust Ref ... .. .. :

Payment ... .. .. : Net 30
772-06840 ELEMENT-FINITE J4 GRD10
COALESCING (BOX OF 2)

2.00 Each 118.37 118.37 236.74
772-00824 ELEMENT-FINITE J4 GRD4

COALESCING - INCLUDES BOWL
O'RING SEAL KIT (BOX OF 2)
BOX OF 2

2.00 BX/2 254.77 254.77 509.54
PROG LBR Program product before shipment
Labor associated with processing for
sale. Manually route, return to Whs for
shipment.

5.00 hour 195.00 195.00 975.00
FS FIELD SERVICE WORK ORDERS time
to be billed at actual time spent.

85.00 Each 150.00 150.00 12,750.00
XXX4 Estimated expenses, to be billed at actual
plus 15%

1.00 Each 4,000.00 4,000.00 4,000.00
E02-90-168 KIT-RX371 TO XL7/SMART RAIL

CONVERSION

2.00 Each 6,332.45 6,332.45 12,664.90
Prices are U.S. dollars and do not include freight, duties, customs, taxes, or any special packaging.

Quote is valid for 15 days from quotation date.

This quote is governed by ANGI’s Standard Warranty and Standard Terms and Conditions unless the customer listed on this quote has a separate contract with ANGI Energy Systems LLC for equipment and services, in which case the terms in that contract shall govern. Any additional or conflicting terms that the quoted customer included as part of the quote are REJECTED.

In an effort to better serve our customers ANGI will institute a new shipping policy May 1, 2018. As a matter of practice a confirmed order will be shipped on the confirmed date with all parts available at ANGI to ship. Any parts not at ANGI on that due date will be held and consolidated into a final shipment upon arrival of the last remaining part. *** If this method does not fit your service need then please make your technical service advisor aware of your shipping direction or note on your purchase order in terms that state ship order complete or the shipping instructions you require. *** Contact Customer Service at [email protected] to request a copy of ANGI’s Standard Warranty or Terms and Conditions.

Sales balance Off Invc Disc Freight Sales tax Total
40,250.12 0.00 0.00 2,055.70 42,305.82

1.4.D.a
Packet Pg. 136 Attachment: ANGI - Controller Proposal (3835 : CNG Station Improvements)

STANDARD TERMS AND CONDITIONS OF SALE

UNITED STATES & CANADA
ANGI ENERGY SYSTEMS, LLC (“SELLER”) agrees to sell to BUYER equipment and/or services described and listed in the Proposal (hereinafter “EQUIPMENT,” “GOODS,” and/or “SERVICES”) subject to the following terms and conditions as follows:

1. Acceptance. The following terms and conditions of sale are applicable to all quotations and purchase orders and are the only terms and conditions applying to the sale of Seller’s products or services except those that relate to prices, quantities, delivery schedules, and the description and specifications of the products. Seller hereby objects to and rejects any other terms and conditions appearing on, incorporated by reference in or attached to a purchase order. Buyer’s acceptance of products or services called for in said purchase order shall constitute its acceptance of the following terms and conditions.

2. Billing and Payment. Unless otherwise agreed to in writing, Buyer shall make payments to Seller according to the following progress payment schedule:
» Thirty percent (30%) of the total purchase price as a down payment to be remitted simultaneously with the written purchase order.
» Thirty percent (30%) of the total purchase price upon written notice of the commencement of assembly.
» Thirty percent (30%) of the total purchase price upon written notice of readiness to ship.
» Ten percent (10%) of the total purchase price “Net-30 Days” from the date of shipment or upon transfer of title to Buyer. (a) Payment shall be due within 30 days from date of invoice unless otherwise agreed to in writing by Seller. Payment terms are subject to approval of Seller’s credit department. Seller reserves the right to impose finance charges which is the lower one and one-half percent (1½%) per month or the highest rate allowed by law on any amount which becomes past due and delinquent. However, if in Seller’s opinion, Buyer’s financial condition reasonably appears to call for such action, Seller may require payment in advance.
(b) Prices quoted are exclusive of, and Buyer agrees to pay, any foreign, federal, state or local excise, sales, use, personal property or any other taxes or duties, excepting only taxes based on Seller’s income.

Any certificates or other evidence of applicable exemptions to such taxes or duties must be made available to Seller prior to invoicing or such taxes or duties will be charged to Buyer, provided, however, that if Seller does not collect such items from Buyer and is later requested or required to pay the same to any taxing authority, Buyer will promptly make such payment to Seller or, if requested by Seller, directly to such taxing authority.
(c) If any particular invoice is not paid when due, Buyer agrees to pay all collection costs if this account is referred outside for collection or, if suit is brought to collect this account, Buyer agrees to pay all costs and reasonable attorneys’ fees, including all costs and reasonable attorneys’ fees incurred on any appeal to an appellate court.

3. Place of Delivery, Method of Tender, and Transfer of Title. (a) Sales within U.S. Delivery terms and pricing for sales within the United States are CPT (Incoterms 2010) Buyer’s destination (“Place of Destination”) unless otherwise agreed to in writing by Seller. Seller shall arrange for transportation of the goods ordered by an appropriate means of transportation. Freight is Pre-paid from Seller’s Dock (“Point of Delivery”) and incurred after the goods are delivered to the carrier from Point of Delivery to the Place of Destination. Risk of loss of or damage to the goods or any part of the goods shall pass to the Buyer upon delivery to carrier at the Point of Delivery, and Buyer shall have the responsibility of filing any damage claims with the carrier. Buyer shall arrange for applicable insurance covering the goods from Point of Delivery to their Place of Destination. Legal title to the goods shall pass to Buyer at the Point of Delivery.
(b) Sales outside of U.S. Delivery terms and pricing for export sales are FCA (Incoterms 2010) Seller’s Dock, ANGI Factory Janesville, WI (“Point of Delivery”) unless otherwise agreed to in writing by Seller.

Seller shall arrange for transportation of the goods ordered by an appropriate means of transportation and pay all inland freight charges from Point of Delivery to the first USA port of export unless otherwise agreed to in writing by Seller. Buyer shall arrange for applicable insurance covering the goods during transit to their destination. Where 150831_ANGI Energy Systems Tcs Of Sales-ANGI Products, Page 1 of 2 Buyer requires special delivery requirements, any special expense is to be borne by the Buyer, including special handling, packaging and additional freight charges. When “export packing” is required, any extra charges such as export duties, licenses, fees and the like shall be borne by Buyer. Risk of loss of or damage to the goods or any part of the goods shall pass to the Buyer upon delivery to carrier at the Point of Delivery, and Buyer shall have the responsibility of filing any damage claims with the carrier. This order is subject to Seller’s ability to obtain export licenses and other necessary papers within a reasonable period.

Buyer will furnish all Consular and Customs declarations and will accept and bear all responsibility for penalties resulting from errors or omissions thereon. Buyer shall not re-export the goods or items which incorporate the goods if such re-export would violate applicable export laws. Legal title to the goods shall pass to Buyer at the Point of Delivery, except for sales to Canada or Central or South America (excluding Mexico), in which case legal title to the goods shall pass to Buyer when the goods cross an international border (including without limitation entering international waters), or at such later point as may be agreed to in writing by Seller.

4. Installation. Unless otherwise specified in writing on a quotation provided by an authorized representative of Seller, Buyer assumes responsibility for installation. Seller agrees to make installation and onsite technical support services available at Seller’s then-prevailing rates, unless otherwise specified in an initial purchase order or contract proposal.

5. Maintenance. Buyer assumes responsibility for maintenance on the goods sold to Buyer. Seller agrees, however, to make maintenance services available at its then-prevailing rates.

6. Warranties. Seller warrants its equipment parts and supplies in accordance with its standard warranty policies. A written copy of these policies accompanies these terms and conditions or is available upon request. THESE WARRANTIES ARE EXCLUSIVE AND ARE IN

LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO THE IMPLIED

WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON- INFRINGEMENT. NO

EMPLOYEE OR AGENT OF SELLER, OTHER THAN AN OFFICER

OF SELL, IS AUTHORIZED TO MAKE ANY WARRANTY IN
ADDITION TO THE FORGOING.

7. Limitation of Buyers Remedies. IN NO CASE SHALL SELLER

BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,

CONSEQUENTIAL OR PUNITIVE DAMAGE BASED UPON

BREACH OF WARRANTY, BREACH OF CONTRACT,

NEGLEGENCE, STRICT TORT, OR ANY OTHER LEGAL,

EQUITABLE, OR STATUTORY CLAIM, CAUSE OF ACTION, OR
LEGAL THEORY. IN ANY EVENT, SELLER SHALL BE SOLELY
LIABLE FOR ACTUAL DAMAGES CAUSED BY SELLER’S
BREACH AND SELLER’S MAXIMUM LIABILITY HEREUNDER,

REGARDLESS OF THE LEGAL THEORY, SHALL NOT EXCEED

THE CONTRACT PRICE OF THE GOODS FURNISHED BY
SELLER.

8. Sellers Remedies. Without waiving any other rights or remedies available to it under applicable law or otherwise, Seller may, at its option, defer shipment or deliveries hereunder or under or pursuant to any other contract with Buyer, until all past-due accounts of Buyer to Seller have been satisfied in full. Any rights or remedies of Seller granted in these Terms and Conditions shall be in addition to and not in lieu of any other rights or remedies Seller may have at law or in equity.

9. Proprietary Rights. Seller shall retain all rights to designs, drawings, patterns, plans, specifications, technology, technical data and information, technical processes and business methods, whether patentable or not, arising out of or evolving as a result of Seller rendering engineering services to and designing systems and goods for Buyer’s use. Buyer agrees not to enforce against Seller or customers of Seller any patent rights, the scope of which includes a system, process or business method utilizing goods or engineering services delivered

1.4.D.a
Packet Pg. 137 Attachment: ANGI - Controller Proposal (3835 : CNG Station Improvements) hereunder by Seller and which relates to an invention, improvement, enhancement or development made by or for Buyer on a date subsequent to the date of Seller’s offer hereunder.

10. Hazardous Materials. Buyer acknowledges that certain supplies covered by this contract may be, or become, considered as hazardous materials under various laws and regulations. Buyer agrees to familiarize itself (without reliance on Seller except as to the accuracy of special safety information actually furnished by Seller), with any hazard of such materials and their applications and the containers in which such materials are shipped. Buyer agrees to inform and train its employees and its customers as to such hazards. Buyer agrees to waive any claim against Seller and hold harmless and indemnify Seller against any claims by its employees or customers based on allegations relating to any such hazards except where such claims are based on failure to meet written specifications or the inaccuracy of specific safety information actually furnished by Seller.

11. Delay. (a) Delivery dates are approximate and are not guaranteed, and Seller shall not be liable for damages of any kind resulting from any delays in fulfillment, shipment or delivery of orders. Furthermore, Seller shall not be liable for any other loss, damage, cost or expense due to causes beyond its reasonable control, such as acts of God, acts of Buyer, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, delays in transportation, government restrictions or embargoes, or difficulties in obtaining necessary labor, materials, manufacturing facilities or transportation due to such causes.
(b) In the event of a delay in delivery in excess of ninety (90) consecutive days, Buyer has the right to terminate its order as to the undelivered portion thereof without Penalty.

12. Goods Not for Resale. Buyer, by placing this order and accepting these Terms and Conditions, hereby expressly agrees, acknowledges, represents and warrants to Seller that (a) it is the Seller’s policy to sell these types of goods only to end users for their own use, (b) the goods that are the subject of this order are not intended for end user to resell, (c) the goods that are the subject of this order are in fact being purchased by Buyer for Buyer’s own use or only for sale to an end user and not for any other resale to a third party and (d) in the event that Buyer breaches the foregoing acknowledgment, covenant, representation and/or warranty by reselling the goods that are the subject of this contract, Seller shall be permitted to (i) void, eliminate and/or refuse to continue to extend or make available to Buyer any volume or other types of discounts, rebates or preferential payment terms to which Buyer is now or hereafter otherwise might be entitled to or eligible to receive from Seller or (ii) refuse to accept any further orders from Buyer.

Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to restrict any OEM from incorporating any goods purchased from Seller into equipment that is to be resold to the OEM’s end customer so long as such OEM provides a reasonable certification of such use to Seller.

13. Cancellation. Unless otherwise agreed in a writing signed by authorized representatives of Buyer and Seller, Buyer will pay Seller for all services performed (including but not limited to materials, and labor) and products provided or specifically ordered for Buyer in reliance on Buyer’s order, as of the date of the cancellation. Buyer may not cancel orders for non-standard goods or orders for goods which have left Seller’s dock.

14. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to any choice or conflict of laws principles of such state, and all disputes shall be adjudicated therein. Buyer and Seller consent to the sole and exclusive venue and jurisdiction of the courts situated in the State of Wisconsin. Any action for loss or damage with respect to the goods or services which are the subject of this contract must be commenced by Buyer within one year from the date of delivery of such goods or services or such claim shall be forever barred.

15. Compliance with Laws/Anti-Corruption. Buyer shall comply fully with all applicable laws, rules and regulations, including without limitation those of the United States and any and all other jurisdictions globally (“Laws”) that apply to Buyer’s business activities in connection with its purchase of goods from Seller. Specifically, Buyer shall comply with all Laws relating to anti-corruption, bribery, extortion, kickbacks, or similar matters that are applicable to Buyer’s business activities in connection with this Agreement, including without limitation the U.S.

Foreign Corrupt Practices Act and the UK Bribery Act. Buyer will take 150831_ANGI Energy Systems Tcs Of Sales-ANGI Products, Page 2 of 2 no action that will cause Buyer or Seller or any of their affiliates to violate any such laws.

16. Entire Agreement. Unless otherwise agreed in a writing signed by Seller and Buyer, these Terms and Conditions constitute the entire agreement between the parties, there being no other promises, terms, conditions, or obligations, referring to the subject matter not contained herein. If any term or provision of this contract shall to any extent be invalid or unenforceable, the remainder of the contract shall not be affected thereby, and each term and provision of this contract shall continue to be valid and enforced to the fullest extent permitted by law.

Any modifications hereto shall be in writing and signed by both parties.

1.4.D.a
Packet Pg. 138 Attachment: ANGI - Controller Proposal (3835 : CNG Station Improvements)

WARRANTY POLICY

1. Warranty.
a. Equipment. The seller, ANGI Energy Systems LLC or its ANGI branded corporate affiliate, whatever the case may be (“ANGI”), warrants to Buyer that its equipment conforms to ANGI’s published specifications, is free from defects in materials and workmanship until the earliest of: (i) 12 months after substantial completion of commissioning, if applicable; (ii) 12 months from initial use; or (iii) 18 months from the date the equipment is ready to ship from ANGI’s facility. ANGI further warrants the equipment enclosures against rust-through for 2 years from the date it is ready to ship from ANGI’s facility (equipment may be susceptible to surface rust under normal conditions). The following are exceptions to this warranty: (i)
– is warranted on a case by case basis as provided by ANGI; (ii) manufacturer’s warranties only.

Used/Refurbished Equipment
Products
not Manufactured by ANGI – ANGI will pass through transferable b. Parts. ANGI warrants its: (i) non-consumable parts such as valves, gauges and transducers will conform to ANGI’s published specifications and be free from defects in workmanship and materials for 90 days from date of shipment, and (ii) consumable parts, such as filter elements, strainers, o-rings, gaskets, fuses, belts and will conform to ANGI’s published specifications and will be free from defects in workmanship and materials at the time of delivery. ANGI warrants reconditioned vendor certified parts for 90 days from the date of shipment.
c. Consumables. ANGI warrants its consumables, such as oils, lubricants and desiccant will conform to ANGI’s published specifications and will be free from defects in workmanship and materials through the expiration or other date indicated on the packaging or otherwise provided by ANGI. d. Software. ANGI warrants its software when used under normal operating and maintenance conditions, will perform substantially in accordance with ANGI’s published specifications and any accompanying user documentation for the earlier of 90 days from installation or 120 days from shipment. ANY

THIRD PARTY SOFTWARE PROVIDED WITH THE SOFTWARE AND

DATA AND PRE-RELEASE VERSIONS OF THE SOFTWARE ARE
SUPPLIED “AS IS” WITHOUT CONDITION OR WARRANTY OF ANY

KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
EITHER EXPRESS OR IMPLIED. Any software warranty in any software license agreement between the parties will take precedence over this software warranty.
e. Services. ANGI warrants all services will be performed in a professional and workmanlike manner in accordance with applicable industry standards for 30 days after performance.

2. Warranty Services. This warranty only covers costs of replacement parts/goods. Buyer is responsible for labor costs and all other costs in connection with the repair or replacement of any non-conforming goods, including without limitation, costs for diagnosis of defects, shipping, removal of goods and reinstallation of goods. Buyer must make any warranty claims in writing within the applicable warranty period and within ten (10) days after discovery of any non-conformance (30 days after shipment for consumable parts). Within a reasonable time thereafter, ANGI will make the necessary repairs after confirmation that the non-conforming goods were stored, installed, maintained and used in accordance with ANGI’s recommendations, accompanying documentation, published specifications and standard industry practice. Warranty services will be performed at the location of the warranted goods if possible, subject to ANGI’s then prevailing rates and any travel expenses incurred by ANGI. Otherwise, Buyer will ship the goods at its expense to ANGI for repair and/or replacement after obtaining a valid Return Material Authorization number. For the avoidance of doubt, repair or replacement of any warranted goods or any parts do not extend the initial warranty period of the warranted goods and any repaired or replacement parts are not separately warranted. For warranty issues, contact: ANGI Energy Systems LLC, Customer Service, 305 W Delavan Dr., Janesville, WI 53546; Toll Free 800 934 5219; Phone 608 563 2800; Fax 608 531 2635; Email [email protected].

3. Failure to Repair. If ANGI is unable to repair warranted goods after a reasonable number of attempts, ANGI will provide, at its option, (i) new or used replacement goods provided Buyer returns the non-conforming goods; SPC10300SLS ANGI Warranty - Rev 1, 3/31/17
or (ii) a refund of the purchase price of the unrepaired component, depreciated in accordance with standard accounting principles.

4. Warranty Exceptions. This Warranty Policy does not cover failure of warranted goods resulting from: (i) accident, abuse, misuse, neglect, overloading or any other use not in accordance with ANGI’s recommendations, accompanying documentation, published
specifications, and standard industry practice; (ii) fire, flood, lightning or any other act of God, Buyer or third party; (iii) acid rain, rail dust, salt spray, caustic cleaners, chemicals or solvents, salt air conditions, and other environmental factors that may accelerate rust, oxidation or corrosion of metal components; (iv) Buyer’s failure to provide power, air, supplies, storage conditions, or an operating environment that conforms to ANGI’s accompanying documentation and published specifications; (v) failure to follow the maintenance procedures in ANGI’s accompanying documentation or published specifications or failure to maintain and provide ANGI with maintenance records verifying Buyer followed proper maintenance procedures; (vi) installation, repair, service or modification to the goods by anyone other than ANGI or its authorized representatives; (vii) the goods or any part thereof being used or coming into contact with any equipment, parts, supplies or consumables not manufactured, distributed, or approved by ANGI; (viii) any products attached to the goods not manufactured, distributed or approved by ANGI; (ix) Buyer’s noncompliance with applicable codes and safety rules, such as NFPA-52 Vehicular Gaseous Fuel Systems Code (and all other standards and codes referenced therein), NFPA-70 – Article 500 National Electrical Code, ASME Boiler and Pressure Vessel Code Section VIII, ANSI/ASME B31.3 Process Piping and ANSI/IAS NGV 4.1 CSA 12.5 NGV Dispensing Systems; and (x) installation or use at a site that is not compliant with all applicable laws, regulations, codes, and standard safety requirements. This Warranty Policy covers only goods owned, leased or otherwise held only by the initial end user at all times and excludes any goods that are or have been in the possession of a third party. Unless prohibited by law, this Warranty Policy only covers goods located in the same country from which the goods were initially purchased from ANGI. ANGI in its sole but reasonable discretion will determine whether these exceptions apply.

5. Warranty Disclaimer. THESE WARRANTIES ARE GIVEN SOLELY

TO BUYER (PARTY PURCHASING WARRANTED GOODS OR
SERVICES DIRECTLY FROM ANGI). TO THE EXTENT

PERMITTED BY LAW, THESE WARANTIES ARE IN LIEU OF ALL

OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING

BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NO EMPLOYEE OR AGENT OF ANGI

IS AUTHORIZED TO GIVE ANY ADDITIONAL WARRANTIES,

OTHER THAN AN OFFICER OF ANGI WHEN DOING SO IN
WRITING. IF LOCAL LAWS REQUIRE ADDITIONAL

WARRANTIES TO BE PROVIDED TO BUYER, SUCH

WARRANTIES ARE INCORPORATED INTO THIS WARRANTY
POLICY ONLY TO THE EXTENT REQUIRED BY LAW. ANY

PARTICULAR TERM IN THIS WARRANTY POLICY THAT IS

PROHIBITED BY LOCAL LAW IS HEREBY NULLIFIED TO THE
EXTENT REQUIRED BY LAW.

6. Liability and Remedies. IN NO EVENT WILL ANGI BE LIABLE FOR

ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL

DAMAGES BASED UPON BREACH OF ANY WARRANTY,

BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY
OTHER LEGAL THEORY. ANGI’S MAXIMUM LIABILITY WILL

NOT EXCEED THE PRICE OF THE GOODS OR SERVICES
FURNISHED BY ANGI GIVING RISE TO THE CLAIM. THIS
WARRANTY POLICY CONTAINS BUYER’S EXCLUSIVE
REMEDIES AND ANGI’S SOLE OBLIGATIONS FOR ANY BREACH
OF THIS WARRANTY POLICY. NO OTHER REMEDIES,

OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER

ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, ARE AVAILABLE.

1.4.D.a
Packet Pg. 139 Attachment: ANGI - Controller Proposal (3835 : CNG Station Improvements) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 05/09/2023
Subject: Padilla & Associates, Inc. - DBE
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the agreement with Padilla & Associates, Inc. for Disadvantage Business Enterprise (DBE) Annual Reporting requirements which is required for Federally Funded Projects in the not to exceed cost of $4,050 (funding source: Street and Road Operating Fund).

BACKGROUND:

The City of Ripon is obligated to comply with the code of federal regulations and Caltrans procedures regarding Disadvantage Business Enterprises due to receiving federal funds. As part of these regulations, the City must provide Caltrans with a completed “Local Agency DBE Annual Submittal Form” (Exhibit 9-B) by June 30 of each year following the Federal Fiscal Year. Also, the City is required to develop contract specific DBE goals for each individual construction contract which receives federal funding. The purpose of the DBE program is to ensure that federally assisted contracts for highway, transit and aviation projects are made available for small businesses owned and controlled by socially and economically disadvantaged individuals.

DISCUSSION/ANALYSIS:

Staff requested a proposal from Padilla & Associates, Inc. to perform the DBE required services for FY 2023-2024 and FY 2024-2025. Padilla & Associates, Inc. has successfully assisted with DBE requirements previously for the City. A proposal to complete the various tasks for the City DBE program has been provided and is attached as Exhibit A.

FISCAL IMPACT:

The cost for consulting services to perform the DBE required services for FY 2023-2024 and FY 2024-2025 will be paid for through the Street and Road Operating Fund. The attached services agreement with Padilla & Associates, Inc. is for a not to exceed amount of $4,050.

1.4.E
Packet Pg. 140
Attachments:

1. Agreement_Padilla & Associates, Inc. 5.1.2023

2. Exhibit A_Padilla & Associates

1.4.E
Packet Pg. 141
Professional Services Agreement - Page 1 of 7
DBE Reporting Services
Padilla & Associates, Inc.

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
PADILLA & ASSOCIATES, INC.

This Agreement for Professional Services (“Agreement”) is entered into on, May 9, 2023 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Padilla & Associates, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).

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

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

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

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.

1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Four Thousand Fifty Dollars ($4,050) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.

2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.4.E.a
Packet Pg. 142 Attachment: Agreement_Padilla & Associates, Inc. 5.1.2023 (3846 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 2 of 7
DBE Reporting Services
Padilla & Associates, Inc.

Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)

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

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

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

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

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

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

3.5 All Policies Requirements.

3.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.

1.4.E.a
Packet Pg. 143 Attachment: Agreement_Padilla & Associates, Inc. 5.1.2023 (3846 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 3 of 7
DBE Reporting Services
Padilla & Associates, Inc.

3.5.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.

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

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

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

Section 5. STATUS OF CONSULTANT.

5.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City.

Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

6.1 Governing Law. The laws of the State of California shall govern this Agreement.

6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.

6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.

1.4.E.a
Packet Pg. 144 Attachment: Agreement_Padilla & Associates, Inc. 5.1.2023 (3846 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 4 of 7
DBE Reporting Services
Padilla & Associates, Inc.

6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.

Section 7. MODIFICATION.

7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.

7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

7.4.1 Immediately terminate the Agreement;

7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;

7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or

7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in Exhibit A, if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is

1.4.E.a
Packet Pg. 145 Attachment: Agreement_Padilla & Associates, Inc. 5.1.2023 (3846 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 5 of 7
DBE Reporting Services
Padilla & Associates, Inc.
budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.

8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party").

The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

Section 9 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.

9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.

1.4.E.a
Packet Pg. 146 Attachment: Agreement_Padilla & Associates, Inc. 5.1.2023 (3846 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 6 of 7
DBE Reporting Services
Padilla & Associates, Inc.

9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

9.5 Contract Administration. This Agreement shall be administered by Kevin Werner, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.

9.6 Notices.

Any written notice to Consultant shall be sent to:

Patricia K. Padilla
Principal
Padilla & Associates, Inc.
211 E. City Place Drive
Santa Ana, CA 92705
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 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.

1.4.E.a
Packet Pg. 147 Attachment: Agreement_Padilla & Associates, Inc. 5.1.2023 (3846 : Padilla & Associates, Inc. - DBE) Professional Services Agreement - Page 7 of 7
DBE Reporting Services
Padilla & Associates, Inc.

9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

The Parties have executed this Agreement as of the date signed by the City.

CITY OF RIPON CONSULTANT
Michael Restuccia, Mayor Patricia K. Padilla, Principal

Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney

1.4.E.a
Packet Pg. 148 Attachment: Agreement_Padilla & Associates, Inc. 5.1.2023 (3846 : Padilla & Associates, Inc. - DBE)

2 of 2
Exhibit A
FHWA DBE Services for City of Ripon
Notes: The tasks shown above are Firm Fixed Price. Upon direction to proceed, tasks will be billed based on specified terms.

The above pricing is a firm offer valid for a 120-day period from the date of the proposal submission.

Padilla & Associates agrees to perform the proposed work at the not-to-exceed price. This includes all deliverables and meeting attendance as laid out in the scope of services. ______Padilla & Associates, Inc.______________
Proposer
_______Patricia Padilla_____________________
Name
__________________________________________ 04/28/2023
Signature of Authorized Person Date
Scope and Cost of Services – Firm Fixed Price
Scope Description Fixed-fee Cost

1. Caltrans Exhibit 9-B for FFY 2023/24 and 2024/25:

Padilla & Associates, Inc. will assist the City in preparing the annual form for submission to Caltrans by June 1 of each year. • Preparation of Caltrans Exhibit 9-B (identification of City of Ripon’s DBELO), organizational chart, and election of the “Prompt Payment” options available, preparation of the required Race-Neutral Measures the City’s plans to implement in
accordance with 49 CFR Part 26.51 and provide guidance to the City regarding the monitoring & enforcement mechanisms in place, which are required to be reported.
$1,500.00
(2 @ $750.00 Each)

2. Contract-Specific Goals:

Padilla & Associates, Inc. will Develop contract-specific DBE Goal(s) and determination of Race-Neutral and/or Race-Conscious application in accordance with Caltrans’ published directives. $2,550.00

(3 @ $850.00 Each)
Total Not-to-Exceed Cost $4,050.00

1.4.E.b
Packet Pg. 149 Attachment: Exhibit A_Padilla & Associates (3846 : Padilla & Associates, Inc. - DBE) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 05/09/2023
Subject: Proclamation - Law Enforcement Appreciation Month RECOMMENDED ACTION:

Present a proclamation in honor of Law Enforcement Appreciation Month.

Attachments:

1. Proclamation

1.4.F
Packet Pg. 150

1.4.F.a
Packet Pg. 151
Attachment: Proclamation (3850 : Proclamation - Law Enforcement Appreciation Month) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 05/09/2023
Subject: Library Property Townhouse Project
RECOMMENDED ACTION:

Staff to present the conceptual townhouse project proposed at 122 N. Elm Avenue. If the City Council is interested in moving forward with the project, staff will prepare an overall project budget and identify funding sources.

BACKGROUND:

In December of 2022, the City Council approved a contract for services with Keesey Design to provide site development concepts for a potential townhouse project located at 122 N. Elm Avenue (City of Ripon owned property just north of the library parking lot). The property currently contains a small warehouse (used to store public works supplies) and parking spaces.

The Keesey Design scope of work included preparing a site layout to show the feasible number of affordable housing units that could be located on this parcel, along with unit floor plan design drawings and elevations.

DISCUSSION/ANALYSIS:

Keesey Design has finished the conceptual design for the project. Three (3) 2-story townhouses can fit on the property. The townhouses are 3 bedroom, 2-1/2 bath approx. 1,625 square feet.

Each unit has a designated single car garage and the site includes an additional 4 car covered parking area for residents. Each unit will have a covered balcony off the master suite on the front and include a covered patio/storage area in the rear yard. The units will sit approx. 10 feet off of N. Elm Avenue, 10 feet from the neighboring apartments to the north and 10 feet from the alleyway along the front of the units.

If City Council is interested moving forward with this project, the next steps would include putting together an overall project budget and identify funding sources. Items that would be included in the design and construction of the project are summarized below:

2.A
Packet Pg. 152

1. Undergrounding of overhead utilities along the alley.

2. Redevelopment of the alley utilizing paver construction.

3. Installation of new curb, gutter and sidewalk for the site

4. Parceling the property to allow for the creation of the condominium project

5. Construction of the three (3) townhouse units, with associated covered parking FISCAL IMPACT:

At this point the fiscal impact has been $13,200 from the City’s affordable housing fund to develop the conceptual plan. Moving forward, staff will prepare a budget for the overall project along with the funding sources.

Attachments:

1. Elevations and Floorplans

2. Colored Rendering

2.A
Packet Pg. 153

2.A.a
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Packet Pg. 155 Attachment: Colored Rendering (3830 : Library Property Townhouse Project)