Agenda packet — Ripon City Council, August 8, 2023

Ripon City Council Meeting Notice & Agenda
CITY HALL, 259 NORTH WILMA, RIPON, CALIFORNIA
TELECONFERENCE LOCATION: 649 CALIFORNIA ST, RIPON, CALIFORNIA TUESDAY, AUGUST 08, 2023 – 6:00 PM

REGULAR MEETING
You are now participating in the process of representative government. We welcome your interest and hope you will attend Ripon City Council meetings often. Democracy cannot endure without an informed electorate.

Ripon, as you probably know, has a council-administrator form of local government. Policies are set by the Council, who are elected by the people. These policies are carried out by the City Administrator, who is appointed by the Council. The Council decides what is to be done. The City Administrator, with the assistance of the City Staff, follows through.

REGULAR COUNCIL MEETINGS
The governing body meets at 6:00 P.M., on the second Tuesday of the month, in the Council Chambers located in City Hall, 259 North Wilma, Ripon, California. A City Council meeting is the process of making and amending laws, developing policy and making decisions for governing your City by citizens who have been elected by you. With the exception of matters of personnel and pending litigation, or negotiations, the City Council takes action only in meetings open to the public.

The City Council follows a regular order of business during its meeting. The Council agenda is prepared in advance by the City Administrator and his staff. If you wish to place an item on the agenda for action, the information must be delivered to the City Administrator or staff eight (8) working days prior to the Council meeting. This date will be revised in case of holidays or special events. The information must be in writing (no phone calls), your name and address must be printed, and action desired must be clearly stated. Copies of the agenda are available at Ripon City Hall and online 72 hours prior to the meeting, or at the time of the scheduled meeting.

With the publication of this agenda, it is with the intent that each item on the agenda will be considered for a vote. Each Council Member present will cast a vote either for or against the motion under consideration, and the vote will be recorded in the minutes of the meeting. For example, the motion may be to approve, adopt, introduce, deny, fail, withdraw, table, or continue an item.

PUBLIC DISCUSSION
If you desire to speak before the Council on an item not on the agenda, please address "Mr. Mayor" and upon being recognized, come forward to the podium, and state your name and address before proceeding into your subject matter.

State law prohibits the City Council from taking action on any item not on the agenda. While the City Council cannot always answer citizens concerns raised during the public discussion time, the City staff will be instructed, where appropriate, to either provide a response in the days following each Council meeting, or to place the issue on a subsequent meeting agenda for the City Council or one of its appointed commissions. No person shall speak for more than three minutes, and the total time allotted for discussion shall not exceed thirty minutes. Persons attending the meeting shall observe rules of propriety, decorum, and good conduct, and refrain from impertinent or slanderous remarks. If you wish to make a comment via email please submit the Public Comment Form by 4:00 p.m. on the day of the meeting to the City Clerk at [email protected] and note the specific agenda item, if applicable. Comments are limited to 250 words or less and will be read by the City Clerk.

In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (209) 599-2108. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). For more information visit www.cityofripon.org/ADA.

CONSENT CALENDAR
Routine items are scheduled under the heading of Consent Calendar, which allows action to occur with a single motion.

Any item can be pulled off the consent calendar for further discussion if Council so desires. The public may also, at this time, request that an item be pulled from the consent calendar for explanation and/or discussion.

City Council Page 2 August 8, 2023

PERSONNEL/EXECUTIVE SESSION
Matters of personnel and pending litigation, or negotiations are handled, in the Personnel/Executive Session, pursuant to Sections 54956.8 and 54957 of the Government Code. This session is closed to the public.

INFORMATION
Can I watch the meeting live online?
The City Council meetings are streamed live at www.youtube.com/c/cityofriponca.

Where can I find the agenda before a meeting?
Copies of the agenda are available at City Hall, 259 N. Wilma Avenue 72 hours before a regularly scheduled City Council meeting. The agenda can be viewed in the window box in front of City Hall, or online at www.cityofripon.org . Supplemental documents relating to specific agenda items are available for viewing at the Office of the City Clerk or online.

Can I receive the agenda by e-mail?
You may subscribe to the agenda at any time by e-mail – just go to the website to register – www.cityofripon.org and click on and fill out the “Receive City Notices” form. Your subscription will begin immediately and you will receive it 72 hours before the Regular Council meeting. Agendas sent by e-mail are free. Minutes are not e-mailed, but can be viewed on the City’s website.

How complete are the minutes?
The City of Ripon prepares Synopsis Minutes. These Minutes represent a summary of the actual comments made.

Video recordings are available online following a meeting at www.youtube.com/c/cityofriponca.

OTHER MEETINGS
Agency Day Time Place
Planning Commission The Monday following City Council 6:00 p.m. Council Chambers Recreation Commission Second Wednesday 6:00 p.m. City Hall Conference Room City Council Page 3 August 8, 2023
Ripon City Council Agenda
TUESDAY, AUGUST 08, 2023

REGULAR MEETING
6:00 PM
CLOSED SESSION AT 5:30 PM
PUBLIC COMMENT - This time is provided for the public to address the City Council on closed session matters.

IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 2 cases.

PLEDGE OF ALLEGIANCE:

INVOCATION:

ROLL CALL:

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

OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, (Others present will be recorded by secretary only.) PUBLIC DISCUSSION:

This time is provided to the public to address the City Council on items not on the agenda. If you desire to speak, please address “Mr. Mayor” and upon being recognized, come forward to the podium, and state your name and address before proceeding into your subject matter.

APPROVAL OF MINUTES:

1. CITY COUNCIL - REGULAR MEETING - JUL 11, 2023 6:00 PM

2. CITY COUNCIL - SPECIAL MEETING - JUL 26, 2023 11:00 AM City Council Page 4 August 8, 2023
APPROVAL OF AGENDA AS POSTED (OR AMENDED):

If anyone would like to provide public comment regarding an item on the Consent Calendar, please come forward to the podium at this time. The City Council may request to (1) pull an item from the Consent Calendar (2) withdraw an item; (3) add Emergency items by a 4/5 vote. If the agenda is amended, vote to approve the amended agenda. If no changes are made, vote to approve the agenda as posted.

1. CONSENT CALENDAR

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(July 2022 $377,138.56)
FY 2023-24 YTD: $379,453
FY 2022-23 YTD: $377,139
Highway Users Tax
(June 2022 $30,411.46)
FY 2022-23 YTD: $408,208
FY 2021-22 YTD: $388,884
SB1 Street & Road Tax
(July 2022 $29,226.62)
FY 2023-24 YTD: $32,004
FY 2022-23 YTD: $29,227
$379,453.36
$35,572.10
$32,004.33
TOTAL $447,029.79
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
July 2023 $1,271.90
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
May 2023
June 2023
$10,041.11
$6,446.88

TOTAL $16,487.99
D. BERTOLOTTI DISPOSAL, INC.

Quarterly Franchise Fee Payment - June 2023 $1,262.44
E. GILTON SOLID WASTE MANAGEMENT, INC.

Quarterly Franchise Fee Payment – June 2023 $12,321.08
City Council Page 5 August 8, 2023

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
S.G.M.A.
$4,941.25
$2,636.14
$368.75
$1,401.25

TOTAL $9,347.39
B. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2023-2024 1st Quarter Deposits
ResoluteGuard Fees
$701,356.00
$3,938.00
TOTAL $705,294.00
C. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
2nd Quarter 2023 - Invoice #Ripon 2023Q2 $2,589.46
D. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #102025 $108.50
E. SORACCO, INC.

Well 19 Pump Station Project
Progress Payment – Invoice #17 $4,749.49
F. D. A. WOOD CONSTRUCTION, INC.

Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #19 $1,356.00
G. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #5 $536,789.00
H. BASECAMP ENVIRONMENTAL, INC.

South County Water Project
Progress Payment – Invoice #52215 $5,408.75
I. TERRACON CONSULTANTS, INC.

Fleet Maintenance Facility
Materials Testing & Inspection Services
Progress Payment
Invoice #TJ66979
Invoice #TJ75050
$969.00
$606.00
TOTAL $1,575.00
City Council Page 6 August 8, 2023
J. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #24/622-03-20 $19,487.50
K. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #28749 $1,215.00

1.3. Resolutions
A. RESOLUTION NO. ______

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE TRANSFER

OF CERTAIN MUNICIPAL FUNDS
This resolution authorizes transfers of (1)
Enterprise Operating Funds to Enterprise
Capital Reserve Funds, (2) General Fund
to Landscape Maintenance Districts with
deficits, (3) General Fund to CNG Station
Capital Reserve Fund, and (4) General
Fund to PERS Contingency Fund for the
2022-2023 fiscal year.

B. RESOLUTION NO. ______

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE TRANSFER

OF CERTAIN MUNICIPAL FUNDS

FOR STREET MAINTENANCE AND

REPAIRS
This resolution authorizes the transfer of
certain street and road revenue sources to
offset the fiscal year 2022-2023 expenses
of street and road maintenance and
repairs and transfer street and road
revenue to the Street and Road
Reconstruction Reserve fund.

C. RESOLUTION NO. ______

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING THE CONVEYANCE

OF CERTAIN REAL PROPERTY

AND FURTHER ADOPTING A

NOTICE OF EXEMPTION

PURSUANT TO CEQA
GUIDELINES SECTION 15062
This resolution adopts a notice of
exemption pursuant to CEQA guidelines
section 15062 for right-of-way
acquisition for the North Ripon
Road/River Road intersection
signalization project.

City Council Page 7 August 8, 2023

1.4. Miscellaneous Items
A. MEASURE K RENEWAL COOPERATIVE AGREEMENT (C-24-025)
Fleet Maintenance Facility Project Approve and authorize the Mayor to sign the Measure K Renewal
Cooperative Agreement No. (C-24-025)
with the San Joaquin Council of
Governments in order to receive
reimbursement for the Fleet
Maintenance Facility Project from the
Passenger Rail, Bus and
Bicycle/Pedestrian funding category of
the Local Transportation Improvement
Plan.

B. FLEET MAINTENANCE FACILITY PROJECT
Change Order No. 4 Approve Change Order No. 4 in the not to exceed amount of $4,889 (funding
sources: Corp Yard AB1600 Fund,
Measure K Transit, Enterprise Capital
Funds, and General Capital Fund).

C. STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc.

Change Order No. 13
Approve Change Order No. 13 in the
not to exceed amount of $1,427.37
(funding source: Street & Road
Operating Fund).

D. WELL 19 PUMP STATION PROJECT
Soracco, Inc. Accept the work completed by Soracco,
Inc. and authorize the filing of a Notice
of Completion with retention
($90,546.83) to be paid 35 days after
recording of notice.

E. STOCKTON AVENUE REHABILITATION PROJECT
D.A. Wood Construction, Inc. Accept the work completed by D.A.

Wood Construction, Inc. and authorize
the filing of a Notice of Completion
with retention ($273,936.61) to be paid
35 days after recording of notice.

F. DELTA REGIONAL MONITORING PROGRAM
Storm Water General Permit Approve and authorize the annual payment of $5,150 to the Delta Regional
Monitoring Program for the City of
Ripon’s participation in this program, as
required by the City’s State Storm
Water Phase II General Permit.

City Council Page 8 August 8, 2023
G. PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 1
Fehr & Peers Approve and authorize the Mayor to
sign the Amendment No. 1 to the
Professional Services Agreement with
Fehr & Peers in order to perform
additional traffic analysis to mitigate
impacts of cut-through traffic at the East
Main Street and Highway 99
intersection in the not to exceed amount
of $31,500 (funding source:

Transportation PFFP Fund).

H. AMEND LEASE OF 303 AND 307 W. MAIN STREET
Holistic Synergy, LLC Approve and authorize the Mayor to sign the amendment to the lease of 303
and 307 W. Main Street (Holistic
Synergy, LLC).

I. ANNUAL INVESTMENT REPORT REVIEW
July 1, 2022 - June 30, 2023 Accept the City’s annual investment report for the period ending June 30,
2023.

J. VALLEY OAK TREE DONATION - MAVIS STOUFFER PARK
Johnston-Crawford Family Accept the donation from the JohnstonCrawford family of a Valley Oak tree to be planted at Stouffer Park. (donation:
$250).
**END OF CONSENT CALENDAR**

2. 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.

City Council Page 9 August 8, 2023
Second Reading and Adoption
B. ORDINANCE NO. 921

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 16.12 -

DEFINITIONS AND USE

CLASSIFICATION SYSTEMS AND
TABLE 16.24.1 OF CHAPTER 16.24 -

INDUSTRIAL DISTRICTS OF THE

RIPON MUNICIPAL CODE
This ordinance amends Chapter 16.12,
entitled “Definitions and Use Classification
Systems” and Table 16.24.1, entitled “Uses
in Industrial Districts”.

Second Reading and Adoption
C. ORDINANCE NO. 922

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON

REZONING CERTAIN REAL
PROPERTIES LOCATED AT 552 N.

WILMA AVENUE (APN 259-660-35)
AND 456 MAPLE AVENUE (APN 259-
040-02) IN THE CITY OF RIPON
This ordinance rezones properties owned
by Ripon Christian Schools located at 552
N. Wilma Avenue (APN 259-660-35) and
456 Maple Avenue (APN 259-040-02)
from R1 (Single Family Residential) and
R1UC (Single Family Residential Urban
Core) to PS (Public-Semipublic).

Second Reading and Adoption
D. ORDINANCE NO. 923

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 2.15
"COMMISSIONS" OF THE RIPON

MUNICIPAL CODE
This ordinance amends Chapter 2.15
Commissions of the Ripon Municipal Code
providing necessary updates and
clarification to the commission application
and appointment process.

3. DISCUSSION ITEMS
A. GRAND JURY REPORT NO. 0322
Discussion/Action Response to Grand Jury Case No. 0322 for Superior Court of California, County of
San Joaquin regarding, "School Safety: A
Shared Responsibility".

City Council Page 10 August 8, 2023

REPORTS
Department Heads:

City Council:

I hereby certify the attached City Council agenda was posted 72 hours before the noted meeting:

August 4, 2023
Lisa Roos, City Clerk Date
Ripon City Council Minutes
TUESDAY, JULY 11, 2023 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session meeting was called to order at 5:30 PM.

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

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

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

IN THE MATTER OF:
(1) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Unrepresented Employees
Return to open session.

City Attorney Terpstra said Council met in closed session to discuss labor negotiations of certain unrepresented employees, staff was given direction and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor David Morris gave the invocation.
1 Packet Pg. 11
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 2 July 11, 2023
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 Remote
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra (remote), Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Lieutenant Dan Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Steven Verver, Gary Silvey, David Morris.

PUBLIC DISCUSSION:

On behalf of the public, City Clerk Roos read the following public comment received via email.

Marty Harris said he and his wife have lived and operated businesses in San Joaquin County for many years and much of their family currently reside in Ripon. He said in August 2010, the Lathrop-Manteca Fire Station 32 responded to a near drowning and saved their two-year-old granddaughter’s life. Harris said supporting the fire and EMS services is very important to them.

Harris said a brand-new fire station was built in Ripon on the corner of North Ripon Road and River Road four years ago and remains unstaffed. He said they are encouraging the Council to support staffing this fire station. Harris said that as our community grows, it is vital to supplement our expanding city with appropriate levels of emergency support.

Harris said he and his wife are happy and eager to support this effort and in 2011 he attended LAFCO Municipal Review meetings where he believes his involvement helped staffing efforts for San Joaquin County. He said his past efforts give him a greater understanding of the issues involved. He said he spoke with fire chiefs in the Manteca and Ripon area and is eager to move forward on this issue. Harris plans to attend the upcoming LAFCO meeting on July 13, 2023 with his wife and granddaughter and bring this topic to the attention of other EMS providers.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council Meeting of June 13, 2023.

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

1. CITY COUNCIL - REGULAR MEETING - JUN 13, 2023 6:00 PM 1 Packet Pg. 12
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 3 July 11, 2023
APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Vice Mayor Zuber requested Items 1.4A, 1.4B and 1.4G be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

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

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

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

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(June 2022 $303,561.93)
FY 2022-23 YTD: $4,490,065
FY 2021-22 YTD: $4,517,379
Highway Users Tax
(May 2022 $33,272.05)
FY 2022-23 YTD: $372,636
FY 2021-22 YTD: $358,473
SB1 Street & Road Tax
(June 2022 $28,306.87)
FY 2022-23 YTD: $350,366
FY 2021-22 YTD: $325,052
$352,261.77
$36,263.03
$32,386.28
TOTAL $420,911.08
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
June 2023 $1,271.90
1 Packet Pg. 13
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 4 July 11, 2023

1.2. Bills, Invoices, Payments
A. SAN JOAQUIN PARTNERSHIP
Annual Membership Fee - Invoice #11055 $5,000.00
B. TERRACON CONSULTANTS, INC.

Fleet Maintenance Facility
Materials Testing & Inspection Services
Progress Payment
Invoice #TJ52876A
Invoice #TJ60958
$3,421.00
$1,236.00
TOTAL: $4,657.00
C. BASECAMP ENVIRONMENTAL, INC.

Lower Stanislaus River Multi-Use Trail Project
Environmental Assessment
Progress Payment – Invoice #52171 $2,157.50
D. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #28502 $810.00
E. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2022 Liability Retrospective Adjustment $36,928.00
F. UNITED SIGN SYSTEMS
Fabrication and Installation of Replacement City Hall Monument Sign Invoice #15205 $26,595.83
G. CALIFORNIA CAD SOLUTIONS, INC.

Geographical Information System
Site Development and Annual DashGIS Subscription Fee
Invoice #701600 $36,940.00
H. LDA
Corporation Yard Construction Services
Progress Payment – Invoice #23/622-03-20 $44,000.00
I. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #58170 $6,391.25
J. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #4 $508,389.65
1 Packet Pg. 14
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 5 July 11, 2023
K. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Water Matters
$6,723.02
$5,405.62
$2,212.50

TOTAL $14,341.14
L. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
May Invoice #AR113609 $1,765.62
M. PROVOST & PRITCHARD CONSULTING GROUP
State Required Water Loss Audits and Validations
Progress Payment - Invoice #100536
Progress Payment - Invoice #101083
$650.50
$1,854.50
TOTAL $2,505.00

1.3. Resolutions
A. RESOLUTION NO. 23-32

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING GARBAGE FEES FOR

ADDITIONAL SERVICES
This resolution sets the fees for additional
garbage services.

B. RESOLUTION NO. 23-33

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE CITY OF RIPON

EMPLOYEE COMPENSATION
PLAN FOR FISCAL YEAR 2023 -
2024 FOR ALL ADMINISTRATIVE

STAFF, NON-REPRESENTED

POLICE DEPARTMENT

EMPLOYEES, AND PART-TIME

RECREATION EMPLOYEES
This resolution adopts the employee
compensation plan for Fiscal Year 2023 -
2024 for all administrative staff, nonrepresented Police Department employees, and part-time recreation
employees.

C. RESOLUTION NO. 23-34

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

WITHDRAWING FROM THE

CALIFORNIA MUNICIPAL

FINANCE AUTHORITY AND

AUTHORIZING THE MAYOR TO

EXECUTE A LETTER NOTIFYING

THEIR BOARD OF DIRECTORS
This resolution approves the withdrawal
of the City of Ripon from the California
Municipal Finance Authority and
authorizes the Mayor to send a letter
notifying their Board of Directors.
1 Packet Pg. 15
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 6 July 11, 2023

1.4. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
C. LIEBERT CASSIDY WHITMORE
Agreement for Special Services
Employment Relations Consortium
Membership (July 2023 - June 2024)
Approve and authorize the Mayor to
sign the agreement with Liebert Cassidy
Whitmore for employment relations
training & consulting services and
approve payment of membership dues
(Annual Payment: $2,730.00 paid from
the General Fund).

D. PROFESSIONAL SERVICES AGREEMENT
MCR Engineering Approve and authorize the Mayor to
sign the Professional Services
Agreement with MCR Engineering to
provide construction management and
inspection services for various projects
in the not to exceed amount of $30,000
(funding source: varies by construction
project).

E. PARCEL MAP
Parcel Map No. 22-79 Accept Parcel Map No. 22-79 (1265 S.

Mohler Road) and authorize the Mayor,
City Engineer and City Clerk to sign for
recording.

F. WELL 19 PUMP STATION
Soracco, Inc.

Change Order No. 4
Approve Change Order No. 4 to paint
the pump control building in the not to
exceed amount of $4,999.46 (funding
source: Water Enterprise Capital Fund).

G. ITEM G WAS MOVED TO ITEMS PULLED FROM CONSENT
H. ANNUAL MILITARY EQUIPMENT REPORT
July 1, 2022 - June 30, 2023 Accept the City’s annual military equipment report for the year ending
June 30, 2023.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 7 July 11, 2023
I. GENERAL SERVICES AGREEMENT - AMENDMENT NO. 3
Terracon Consultants, Inc. Approve and authorize the Mayor to sign Amendment No. 3 to the General
Services Agreement with Terracon
Consultants, Inc. to provide construction
materials testing and inspection services
for capital projects, including the Fleet
Maintenance Facility Project and the
Well 19 Pump Station Project in the not
to exceed amount of $20,000 (funding
source: varies by construction project
funding source).

ITEMS PULLED FROM CONSENT

1.4A : MEASURE K RENEWAL COOPERATIVE AGREEMENT - BLOSSOM EXPRESS Blossom Express Transit Service
Reimbursement
Approve and authorize the Mayor to sign
the Measure K Renewal Cooperative
Agreement (C-24-003) with San Joaquin
Council of Governments in order to
receive funding to operate the Blossom
Express transit service over a four year
period from July 1, 2023 through June 30,
2027.

Vice Mayor Zuber asked why the operating hours of the bus are the same but the cost went up significantly.

City Administrator Werner said the Transit district provides a driver for the City’s Blossom Express service and charged the City their hourly rate, however, as of July 1, 2023 they are adding a 30% administrative cost.

Motion to approve and authorize the Mayor to sign the Measure K Renewal Cooperative Agreement (C-24-003) with San Joaquin Council of Governments in order to receive funding to operate the Blossom Express transit service over a fouryear period from July 1, 2023 through June 30, 2027.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 8 July 11, 2023

1.4B : SECOND AMENDMENT TO PROVOST AND PRITCHARD AGREEMENT Provost & Pritchard Approve and authorize the Mayor to sign Amendment No. 2 to the General Services
Agreement with Provost & Pritchard
Consulting Group for consulting services
to prepare the Annual Water Loss Audit
and Validations for fiscal years 2015/16
through 2022/2023 in the not to exceed
amount of $12,400 (funding source: City
Water Operating Fund).

Vice Mayor Zuber said this item has been on the agenda before but he does not recall seeing the reports described in the agreement.

Public Works Director Pease said the reports are not complete so Council has not seen them yet; they will be included in the next Urban Water Management Plan update. He said they have not been a requirement until this point.

Approve and authorize the Mayor to sign Amendment No. 2 to the General Services Agreement with Provost & Pritchard Consulting Group for consulting services to prepare the Annual Water Loss Audit and Validations for fiscal years 2015/16 through 2022/2023.

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

1.4G : OLYMPIC GAMES REPLICA TORCH COMMEMORATIVE PLAQUE

DONATION
Michael White Accept the donation from Michael White
of a commemorative plaque describing the
1960 Winter Olympic Games replica
Olympic Torch and its historical
significance to the City of Ripon and
approve the relocation of the torch from
the Community Center to the Museum by
Public Works staff (donation: $1,431.71).

Vice Mayor Zuber said he wanted to acknowledge the work Mr. White has done to get this project going. He said Mr. White has been working on this for over a year; the torch is in front of the Community Center but the event actually happened in front of what is now the museum. He said Mr. White has invested $1,400 in a beautiful plaque to go with the torch. Zuber said the history he learned was very interesting and feels the community would be interested to learn about it as well.
1 Packet Pg. 18
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 9 July 11, 2023
Motion to accept the donation from Michael White of a commemorative plaque describing the 1960 Winter Olympic Games replica Olympic Torch and its historical significance to the City of Ripon and approve the relocation of the torch from the Community Center to the Museum by Public Works staff.

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

2. RESOLUTIONS
A. RESOLUTION NO. ______

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

DESIGNATING THE VOTING

DELEGATE TO THE LEAGUE OF

CALIFORNIA CITIES ANNUAL

CONFERENCE
Determine if any Council Member(s) will
be attending the annual conference in
Sacramento from September 20, 2023
through September 22, 2023.

If Council Member(s) will be attending,
designate the voting delegate and alternate
voting delegate to attend the annual
business meeting being held on September
20, 2023.
(Conference cost: $650.00)
(Hotel cost per night: $177.00)
Mayor Restuccia asked if anyone was interested in attending. Council declined to attend due to scheduling conflicts.

No action taken.

B. RESOLUTION NO. 23-35

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE CITY OF RIPON
FISCAL YEAR 2023-2024 BUDGET
This resolution adopts the City of Ripon
Fiscal Year 2023-2024 Budget.

City Administrator Werner presented a powerpoint summary of the 2023-24 Budget saying this is the last step of the budget process and then reviewed the completed steps. Werner pointed out that there are many different funds that the City uses.

Werner summarized the City's Operating Budget saying that 90% of the funds are the General Fund and the Enterprise Fund.

Werner said Council had asked for a comparison of the City’s burden compared other cities 1 Packet Pg. 19
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 10 July 11, 2023
and recapped that the burden is made up of taxes, workers compensation, healthcare and retirement. He said compared to other cities Ripon is 8% higher on healthcare, but our Police Tier 1 CalPERS Retirement expenses are 20% below other cities, and our Administrative Retirement expenses are 32% lower than other cities both including unfunded liability.

Werner summarized the transfers that will be made from the General Fund and the accounts to which they will be made. Werner pointed out a policy change that Council had made for half of the money to be transferred to a fund to fund future reconstruction projects.

Werner summarized staffing changes including an additional Community Services Officer, an additional Dispatcher (expense to be shared with Escalon and Lathrop), and two part-time Recycling Center Workers. The Recycling Center Workers will be a 12-month trial and staff will evaluate the effectiveness at the end of the 12-month period.

Mayor Restuccia complimented Werner, saying it was a well done summary.

Motion to approve Resolution 23-35 adopting the Fiscal Year 2023-2024 Operating and Capital Budget.

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

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

A. ANNUAL ASSESSMENT FOR THE FISCAL YEAR 2023-2024 FOR THE CITY OF

RIPON LIGHTING DISTRICT
RESOLUTION NO. 23-36

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

DETERMINING THE AMOUNT OF

AND APPROVING THE LEVY OF THE

ANNUAL ASSESSMENT FOR THE
FISCAL YEAR 2023-2024 FOR
ASSESSMENT DISTRICT NO. 05-1,

CITY OF RIPON, COUNTY OF SAN

JOAQUIN, CALIFORNIA, COMMONLY

KNOWN AS CITY OF RIPON

LIGHTING DISTRICT
This is a public hearing to set the amount
and give approval of the levy of the annual
assessment for the City of Ripon Lighting
District.

Recommended Action: Authorize the
Mayor to sign and execute any and all
documents necessary and to forward these
documents to the County Assessor’s Office
in order to place the assessment on the
county tax rolls.

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

PUBLIC HEARING CLOSED
1 Packet Pg. 20
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 11 July 11, 2023
Motion to approve Resolution 23-36 determining the amount of and approving the levy of the annual assessment for the fiscal year 2022-2023 for the City of Ripon’s Lighting District and authorizing the Mayor to sign and execute any and all documents necessary and to forward these documents to the County Assessor’s Office in order to place the assessment on the County tax rolls.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
B. ANNUAL ASSESSMENTS FOR THE FISCAL YEAR 2023-2024 FOR THE CITY OF

RIPON'S TEN LANDSCAPE MAINTENANCE DISTRICTS
RESOLUTION NO. 23-37

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

DETERMINING THE AMOUNT OF

AND APPROVING THE LEVY OF THE

ANNUAL ASSESSMENTS FOR THE
FISCAL YEAR 2023-2024 FOR THE

CITY OF RIPON'S TEN LANDSCAPE

MAINTENANCE DISTRICTS

LOCATED IN THE COUNTY OF SAN
JOAQUIN, CALIFORNIA.

This is a public hearing to set the amount
and give approval of the levy of the annual
assessments for the City of Ripon’s ten
Landscape Maintenance Districts.

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

PUBLIC HEARING CLOSED
Motion to approve Resolution 23-37 determining the amount of and approving the levy of the annual assessment for the fiscal year 2022-2023 for the City of Ripon’s ten Landscape Maintenance Districts and authorizing the Mayor to sign and execute any and all documents necessary and to forward these documents to the County Assessor’s Office in order to place the assessment on the County tax rolls.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1 Packet Pg. 21
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 12 July 11, 2023
C. ZONING CODE TEXT AMENDMENT
TAZ 23-26 pertaining to Recreational
Vehicle Storage
This is a public hearing to consider an
amendment to Title 16 the “Development
Code”, by amending Chapter 16.12
“Definitions and Use Classification
Systems” and Chapter 16.24 “Industrial
Districts” to allow for recreational vehicle
storage in the heavy industrial district.

Recommended Action: Approve the
recommended amendment to Chapter

16.12 “Definitions and Use Classification
Systems” and Chapter 16.24 “Industrial
Districts”, based on the findings in the
staff report.

Planning Director Zuidervaart said in August of 2022 the Planning Commission approved a storage facility in the Heavy Industrial District. The applicant was informed that a mini storage was an approved use but RV storage was not allowed. Staff received an application for a Zoning Text Amendment in March 2023 to allow for RV storage in the Heavy Industrial District. Zuidervaart said staff put together a recommendation to allow for RV storage. He said staff received feedback from the Fire Department regarding accessibility in the event of a fire so staff added parameters to add that any RV storage would have to comply with current lot coverage parameters for building structures. This applicant is planning on storing all RVs inside buildings and this will be the requirements going forward.

Vice Mayor Zuber asked if it is a requirement to store RVs in buildings or are they allowed to be outside. Zuidervaart said they can be indoors or outdoors but the lot coverage will be the same as buildings.

Council Member de Graaf asked if there are any screening requirements. Zuidervaart said landscaping is a requirement including fencing.

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

PUBLIC HEARING CLOSED
1 Packet Pg. 22
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 13 July 11, 2023
Motion to approve the recommended amendments to Chapter 16.12 – Use Classification System Ordinance and Chapter 16.24 – Industrial District Ordinance.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
D. GENERAL PLAN AMENDMENT (GP22-96) AND REZONE (Z22-97) RESOLUTION NO. 23-38

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPROVING A GENERAL PLAN MAP
AMENDMENT (GP22-96) TO ALLOW

FOR CURRENT AND FUTURE

IMPROVEMENTS TO THE RIPON

CHRISTIAN SCHOOL CAMPUS
This is a public hearing on a request to
amend the General Plan Land Use
designation and zoning classification on
two parcels located at 552 N. Wilma
Avenue and 456 Maple Avenue for Ripon
Christian Schools.

Recommended Action: Approve the
General Plan Land Use Map Amendment
(GP22-96) and adopt the attached
resolution and approve the Ripon Christian
School rezone (Z22-97).

Planning Director Zuidervaart said Ripon Christian Schools recently processed an application to construct a greenhouse and campus maintenance facility on the Ripon Christian High School campus. The application also included a general plan land use amendment application, a property rezone application and a lot merger application in order to facilitate the proposed project as well as potential future campus expansion projects.

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

PUBLIC HEARING CLOSED
Motion to adopt Resolution 23-38 approving the Ripon Christian General Plan Land Use Map Amendment (GP22-96).

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1 Packet Pg. 23
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 14 July 11, 2023

4. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 921

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 16.12 -

DEFINITIONS AND USE

CLASSIFICATION SYSTEMS AND
TABLE 16.24.1 OF CHAPTER 16.24 -

INDUSTRIAL DISTRICTS OF THE

RIPON MUNICIPAL CODE
This ordinance amends Chapter 16.12,
entitled “Definitions and Use Classification
Systems” and Table 16.24.1, entitled “Uses
in Industrial Districts”.

Motion to waive the first reading and introduce Ordinance 921 amending Chapter

16.12, entitled “Definitions and Use Classification Systems” and Table 16.24.1, entitled “Uses in Industrial Districts”.

RESULT: FIRST READING [UNANIMOUS] Next: 8/8/2023 6:00 PM MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
First Reading and Introduction
B. ORDINANCE NO. 922

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON

REZONING CERTAIN REAL
PROPERTIES LOCATED AT 552 N.

Motion to waive the first reading and introduce Ordinance 922 rezoning properties owned by Ripon Christian Schools located at 552 N. Wilma Avenue (APN 259-660-35) and 456 Maple Avenue (APN 259-040-02) from R1 (Single Family Residential) and R1UC (Single Family Residential Urban Core) to PS (Public-Semipublic).

RESULT: FIRST READING [UNANIMOUS] Next: 8/8/2023 6:00 PM MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1 Packet Pg. 24
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 15 July 11, 2023
First Reading and Introduction
C. ORDINANCE NO. 923

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 2.15
"COMMISSIONS" OF THE RIPON

MUNICIPAL CODE
This ordinance amends Chapter 2.15
Commissions of the Ripon Municipal Code
providing necessary updates and
clarification to the commission application
and appointment process.

Planning Director Zuidervaart said there was a discussion regarding the ordinance at the June 2023 meeting and the ordinance before Council is the result of that. He said he placed a revised version on the dais for Council that included few minor edits that addressed comments received.

Motion to waive the first reading and introduce of Ordinance 923 amending Chapter

2.15 Commissions of the Ripon Municipal Code providing necessary updates and clarification to the commission application and appointment process with presented changes.

RESULT: FIRST READING [UNANIMOUS] Next: 8/8/2023 6:00 PM MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
First Reading and Adoption
D. ORDINANCE NO. 924

AN ORDINANCE OF THE CITY OF

RIPON FIXING THE AMOUNT OF

MONEY TO BE RAISED BY

TAXATION AND THE RATE OR

RATES OF TAX THEREFORE

NECESSARY TO CARRY ON THE

VARIOUS FUNCTIONS AND

DEPARTMENTS OF THE CITY OF

RIPON AND REPEALING ALL

ORDINANCES IN CONFLICT

THEREWITH
This ordinance sets the amount of money
raised by taxes necessary to carry on the
various functions of the City of Ripon.
(City tax rate: $0.00)
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Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 16 July 11, 2023
Motion to waive the first reading and adopt Ordinance 924 setting the amount of money raised by taxes necessary to carry on the various functions of the City of Ripon.

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

5. DISCUSSION ITEMS
A. MEMORANDUM OF UNDERSTANDING
Love-Love Ripon Tennis Foundation
Discussion/Action
Approve and authorize the Mayor to sign
the Memorandum of Understanding
between the City of Ripon and the LoveLove Ripon Tennis Foundation that will define the responsibilities between the City
and the Foundation to complete a Tennis
Complex at the Mistlin Sports Park.

City Adminstrator Werner said the City was approached about six months ago by Di Quaresma about building a new tennis complex. He said the Love-Love Ripon Tennis Foundation (Foundation) has offered financial assistance in the form of a donation to help move forward the design and construction of a tennis complex at the Mistlin Sports Park.

He said the proposed Memorandum of Understanding (MOU) works with the Foundation to define the responsibilities of both parties. He said the Foundation will provide all items necessary to put the project out to bid and the City would in turn pay 50% of all construction costs of the tennis courts as well as 100% of the infrastructure requirements.

The City would complete the bid process and oversee the construction as well as manage and maintain the tennis complex. Werner said as staff went through the final draft of the MOU, they found some additional changes to make it easier to understand. He said staff presented the changes to the Foundation and they agreed with them.

Mayor Restuccia said this is a project that the City was wanting to do and the community came forward and raised money towards it. He said it shows commitment from the community and he believes it is a great project.

Council Member de Graaf said it adds to the quality of the Mistlin Sports Park and is a nice addition. He echoed Restuccia’s sentiments regarding the support of the community.

Council Member Barton asked if the MOU contractually financially obligates the City.

Werner said it does not, the City cannot move forward until the money is available and vice versa for the Foundation. He said the first step is a preliminary design by an engineer and a cost estimate.
1 Packet Pg. 26
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 17 July 11, 2023
Motion to approve and authorize the Mayor to sign the Memorandum of Understanding between the City of Ripon and the Love-Love Ripon Tennis Foundation that defines the responsibilities between the City and the Foundation to complete a Tennis Complex at the Mistlin Sports Park with presented changes.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
B. GRAND JURY REPORT NO. 0322
Discussion/No Action Discuss response to Grand Jury Case No. 0322 for Superior Court of California,
County of San Joaquin regarding, "School
Safety: A Shared Responsibility" and
provide direction to staff.

This response must be returned to the
Grand Jury before August 24, 2023.

Lieutenant Sauer said the 2022-23 San Joaquin County Grand Jury has published Case No. 0322, “School Safety: A Shared Responsibility” and made findings and recommendations to each entity surveyed within the County. The City of Ripon’s suggested response is presented for review. The City must respond before August 24, 2023.

Sauer said one of the findings states that there is a lack of communication between the school districts and law enforcement agencies in regards to Comprehensive School Safety Plans (CSSP). He said the Police Department has long enjoyed a collaborative relationship with Ripon Unified School District (RUSD) and worked together to develop the current individual CSSP for each school. The Grand Jury recommends that by December 15, 2023 each law enforcement agency in San Joaquin County meaningfully collaborate and approve the updated CSSP for school sites within that agency’s jurisdiction. He said the Police Department began working with RUSD in September 2022 to update their CSSP.

Council Member Barton said it seems like the recommendations were generic to all of the cities in the community. Sauer agreed and said neither the City nor RUSD were specifically mentioned.

Mayor Restuccia said that is a great thing because commonly in the Grand Jury reports, they pull out each city specifically. The findings and recommendations in this report were of a more global nature.
1 Packet Pg. 27
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) City Council Page 18 July 11, 2023

REPORTS
Department Heads:

Lieutenant Sauer said there is Area of Responsibility Meeting on August 7, 2023 at 7:00 PM in the Emergency Operations Center at the Police Department. Mayor Restuccia asked if a Nixle will be sent out. Sauer confirmed.

Recreation Director Stevens said that Baseball/Softball and T-Ball seasons have wrapped up and the Ripon Chiefs will start football in a few weeks.

Stevens said there will be a movie in the park on July 21, 2023.

Planning Director Zuidervaart said there is no Planning Commission meeting scheduled for July.

Public Works Director Pease said the Large Item Pick-Up Program is still available to residents.

Pease said June water usage was 25% lower than 2013 numbers and 8% lower than 2022 numbers.

City Council:

Council Member de Graaf said he wanted to thank everyone for coming to the meeting.

There being no further business, the meeting was adjourned at 6:46 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 28
Minutes Acceptance: Minutes of Jul 11, 2023 6:00 PM (Approval of Minutes) Ripon City Council
Special Meeting Minutes
WEDNESDAY, JULY 26, 2023

SPECIAL MEETING
11:00 AM
The Special Meeting was called to order by Mayor Michael Restuccia.

ROLL CALL:

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Police Chief Ormonde, Associate Civil Engineer Christiana Giedd, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Kelly Donohue.

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

City Administrator Werner said the meeting location was moved from the Council Chambers to the Main Conference Room.

2. TOPICS OF DISCUSSION
A. FLEET MAINTENANCE FACILITY PROJECT
Change Order No. 3
Discussion/Action
Approve Change Order No. 3 for electrical
revisions and revisions to accommodate
SSJID, MID, and Fire Department
requirements in the not to exceed amount
of $132,150.00 (funding sources: Corp
Yard AB1600 Fund, Measure K Transit,
Enterprise Capital Funds, and General
Capital Fund).

Associate Civil Engineer Giedd said this is Change Order 3 for the Fleet Maintenance Facility Project and includes a few different changes primarily relating to complying with requirements from various entities. She said the main changes are electrical requirements. 2 Packet Pg. 29
Minutes Acceptance: Minutes of Jul 26, 2023 11:00 AM (Approval of Minutes) City Council Page 2 July 26, 2023
Giedd said the bid documents did not include the primary conduit or secondary cable to connect to MID's transformers. She said this was a mistake on the part of the electrical sub-contractor on the project. The electrical subcontractor has assisted in ensuring that the price we are receiving is fair by looking at past bids and staff has negotiated the price down.

Giedd said very little of the construction contingency has been used so far, so there are adequate funds to cover this change order.

Werner said this was an unusual incident and staff has not heard of any other items not included in the original bid. He explained that the drawings were done in a way that it was easily missed.

Council Member Barton asked if there is any consequence to the contractor for the mistake or is the City supposed to absorb the burden.

Werner said the City would have paid for this anyway; it was a cost that should have been included but not negligent on the part of the subcontractor.

Motion to approve Change Order No. 3 for electrical revisions and revisions to accommodate SSJID, MID, and Fire Department requirements in the not to exceed amount of $132,150.00.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
ABSENT: Uecker
Giedd left the meeting at 11:08 AM
Council Member Uecker joined the meeting at 11:08 AM
B. LICENSING AND REGULATIONS OF SPECIAL EVENTS
Discussion/No Action Council to discuss potential changes to the Licensing and Regulations of Special
Events section of the Ripon Municipal
Code.

City Administrator Werner said the Ripon Municipal Code (Code) does not provide direction to staff regarding processing applications for events similar to the Mulrooney Auction. He said staff would like to create a process to follow going forward. He said staff has laid out some policy discussion and hopes to receive direction from Council today.

Vice Mayor Zuber asked staff to confirm that the discussion is about large events on undeveloped property inside the City. Werner said the Code currently has no direction 2 Packet Pg. 30
Minutes Acceptance: Minutes of Jul 26, 2023 11:00 AM (Approval of Minutes) City Council Page 3 July 26, 2023
regarding those events and staff believes the Code is currently written to prohibit events on undeveloped properties within City limits.

Mayor Restuccia asked staff to define undeveloped property. Planning Director Zuidervaart said undeveloped property has no sidewalks, parking, and development fees have not been paid.

Zuber asked where the undeveloped properties are. Zuidervaart said there are quite a few on Jack Tone Road and by Mistlin Park.

Zuber asked if Mistlin Park is undeveloped and Zuidervaart said Mistlin Park is a Cityowned park that has developed areas, including parking. He said the portion that Mulrooney has been using is undeveloped.

Zuber said this has not come up until Mulrooney moved across the street, but the whole time they were at Mistlin Park, staff did not raise this issue to Council.

Council Member Barton said they moved because they were told they would not be able to hold the auction at Mistlin Park due to the amount of rain. Werner said they were moving in equipment before the permit was issued and due to the amount of rain, it was very wet and staff was unsure if the parking area would be able to be fixed before the Almond Blossom Festival.

Council Member de Graaf said staff is also concerned about the other types of events that may apply if there is no clarification in the Code. He said staff would like to define what is desirable for any future events and decide how to proceed with Mulrooney.

Werner said if Council desires to continue to provide this opportunity to Mulrooney, staff will write that into the Code, similar to the Almond Blossom Festival.

Restuccia asked if Mulrooney’s event would have been denied anyway because of the rain and the condition the field would have been left in.

Werner confirmed and said that was the issue this year.

Zuber said that did not stop staff from allowing him to hold the event on the other property. Werner agreed and said they did not stop him because City Attorney Terpstra found a conflict in the Code.

Zuber said instead of writing rules and making an exception, make the rules and have Mulrooney abide by the rules. Werner agreed and said staff could eliminate that section allowing applicants to go to private, undeveloped properties. Council would need to decide if they are going to provide Mistlin Park to out-of-town businesses and nonprofits or just Mulrooney, who operates outside the City and for-profit.

Werner said it could be written for local businesses and nonprofits only, with the exception of Mulrooney.
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de Graaf said that could work because Mulrooney has been doing this event for over twenty years and they donate a significant portion of the proceeds to the Ripon Christian and Ripon Unified FFA and 4-H programs. He suggested tying a donation dollar amount to the events that goes back to a Ripon organization.

Werner said rather than listing Mulrooney by name, it could be written that anyone who had a special event who is not in the City of Ripon prior to a specific date is able to continue. Zuber agreed and said he does not want to list them by name in the Code.

Council agreed they do not want to include the event by name. Werner said there could be language that allows the transfer of the permit upon Council approval.

Zuber said this still allows out-of-town people to hold events and be sponsored by local organizations.

Council discussed the issue of liability and who is responsible for ensuring that the property is restored after the event. They agreed that the sponsoring agency needs to be responsible for the event.

Werner said the Code includes a section that requires the City to charge an appropriate amount for the event and at this time, the Code does not include a section specific to Mistlin Park. Currently, staff calculates the amount charged is based on the number of parking spaces and the equivalent of the number of fields, but staff believes this needs to be improved and the amount more reflective of the actual cost to the City.

Council discussed the staff time and expenses associated with an event like this including the Police Department, Planning and Public Works departments. They agreed it is important that the City cover their cost.

Barton said the City does not currently have very many applicants for this type of event.

Werner said the dollar amount is very low at this point and people will stop going to the larger areas and come here because the cost is so minimal. de Graaf said there is not a great need for the Police Department at the Mulrooney event as compared to a flea market.

Restuccia said this is not being written for the present, low activity but is being written for the future.

Zuber said there needs to be a condition that covers unanticipated costs to the City in the form of a deposit or bond.

Werner said that would be similar to the Community Center rentals.

Zuber said this will curb the enthusiasm for potential applicants due to upfront costs.

Werner said staff has discussed having a host at this type of event similar to the Community Center.
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Zuidervaart asked if Council would like to limit the special event permit to local businesses and nonprofits only. de Graaf said if it becomes a problem, Council can revisit the idea at that time. Zuber said at this time, it is only Mulrooney applying for this event.

Restuccia said that as long as the group covers the cost, he does not want to eliminate someone from out of the area if they have a good cause.

Zuidervaart asked if they want to limit the permit to organizations that benefit Ripon in some way.

Barton said he does not have an issue with an outside group as long as they benefit the City in some way.

Werner asked if they could limit the out-of-town nonprofit and for-profit businesses, write Mulrooney in by date and gauge the interest; this would allow staff to figure out the best process.

Zuber said if it written that way, there would be zero interest because the door is closed to out-of-town prospects. Werner said applicants do not read the Code before they call; they will call if they are interested.

Werner said it is easier to open the door over time rather than trying to close it.

Restuccia asked if there has been much demand. Werner said no.

Zuidervaart said it is important to consider that the Parks and Recreation Department has several events throughout the year and there is limited time available for these types of events.
de Graaf said at some point the land will be developed and the area will be unavailable for these types of events. He believes the event worked well at the private property it was on this year.

Zuidervaart said Code Enforcement has previously written up businesses for operating on undeveloped property and has received complaints from them asking why they were not allowed to operate their business on undeveloped property while Mulrooney, a for-profit business, was allowed to essentially operate their business.

Zuber asked what would happen if Mulrooney came in this year and wanted to have their event at the same place.

Werner said there were several issues with the event this year, including people crossing Jack Tone Road unsafely. It was a great example of why this ordinance is necessary.

Zuber confirmed there needs to be list of requirements, no matter who it is. 2 Packet Pg. 33
Minutes Acceptance: Minutes of Jul 26, 2023 11:00 AM (Approval of Minutes) City Council Page 6 July 26, 2023
de Graaf said he did not attend the event this year, and asked if the parking was an issue.

Zuidervaart said yes, people were parking on private property, resulting in several calls to the Police Department.

Werner said it is preferable to prohibit these events on private property, to only allow local businesses and organizations, and to restrict the events to Mistlin Park only.

Zuidervaart said the intent of the ordinance was to allow Ripon businesses to hold onetime events or events that benefit the City, such as the Farmer’s Market.

Council agreed they would like to see the special event permit limited to local businesses or nonprofits, with the exception of people holding a special event permit prior to a specific date.

Zuidervaart said staff would bring an ordinance for first reading to Council. It would also include a provision that if the event takes place in a City park, the event must comply with the rules already in place for the parks.

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:58 AM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
2 Packet Pg. 34
Minutes Acceptance: Minutes of Jul 26, 2023 11:00 AM (Approval of Minutes)

1.1.A.a
Packet Pg. 35
Attachment: 2023 05 advance (3939 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2200476 and 2200476AIssue Date: July 06, 2023Fiscal Year: 2022-2023Collection Period: May 24, 2023 - June 23, 2023Description: Streets & Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Ms. 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 $11,535.38 $7,972.17 $5,114.72 $10,949.83 $0.00 $0.00 $35,572.10 $0.00 $35,572.10 $408,208.55

1.1.A.b
Packet Pg. 36
Attachment: fy2223_06hwycityra (3939 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2200482 and 2200482A
Issue Date: July 21, 2023
Fiscal Year: 2022-2023
Collection Period: June 01, 2023 - June 30, 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 $32,004.33 $326,126.85
1 of 1

1.1.A.c
Packet Pg. 37
Attachment: rmra_cities_remit_2223_july23 (3939 : State of California)

1.1.B.a
Packet Pg. 38
Attachment: CCATT (3956 : CCATT Holdings)

1.1.C.a
Packet Pg. 39
Attachment: Waste Management - May (3930 : Waste Management) Attn: Derek Fujii
Vendor#386801
Address Code 01 Waste Management
Location 01 Stockton District
City of Ripon Hauler Fee Schedule
259 N Wilma Ave.

Ripon, CA 95366
For month of: May 2023
Legacy System Total
Gross Rate Revenue
Residential $0.00 $0.00
Commercial $35,788.37 $35,788.37
Rolloff $89,725.51 $89,725.51
Total $125,513.88 $125,513.88
Franchise Fee Rate 8.0%
Franchise Fee Payable
Residential $0.00 $0.00
Commercial $2,863.07 $2,863.07
Rolloff $7,178.04 $7,178.04
Total $10,041.11 $10,041.11
b:\1_accg_sac_ma\1_close _area\2016\102016\rev_reduc\00051\3_stockton_franchise_fee_payment_calc_201610.xlsm b:\1_accg_sac_ma\1_close ptg\1_close_files\1_by_p

1.1.C.a
Packet Pg. 40
Attachment: Waste Management - May (3930 : Waste Management)

1.1.C.b
Packet Pg. 41
Attachment: Waste Management - June (3930 : Waste Management)

1.1.C.b
Packet Pg. 42
Attachment: Waste Management - June (3930 : Waste Management)

1.1.D.a
Packet Pg. 43
Attachment: Bertlotti (3958 : Bertolotti)

1.1.D.a
Packet Pg. 44
Attachment: Bertlotti (3958 : Bertolotti)

1.1.E.a
Packet Pg. 45
Attachment: Gilton (3957 : Gilton Solid Waste Management, Inc.)

1.1.E.a
Packet Pg. 46
Attachment: Gilton (3957 : Gilton Solid Waste Management, Inc.) Invoice
Date
7/25/2023
Invoice #
249
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
Review and respond to landowner regarding City
request to meet, discuss with client.
7/9/2023 THT 295.00 295.00 1
Review and draft new comments on tennis court
MOU, discuss with client.
7/10/2023 THT 295.00 516.25 1.75
Calls, emails to and from Sousa, title company; work
on letter to landowners regarding appraisal expenses,
reimbursement for revised appraisal review.
7/10/2023 THT 295.00 590.00 2
Calls, emails to and from client, staff regarding
agenda items and tennis court MOU; prepare for,
attend City Council meeting and closed session.
7/11/2023 THT 295.00 1,180.00 4
Follow upon discussions with Planning Dept
regarding Director’s interpretation of RMC, appeal
process for same, legal research re same.
7/17/2023 THT 295.00 663.75 2.25
Calls to and from client, landowner regarding
easement dispute.
7/19/2023 THT 295.00 147.50 0.5
Calls to and from opposing counsel, title company
regarding capacity issues.
7/19/2023 THT 295.00 295.00 1
Discuss pending matters with client, follow up on
CEQA memo and research regarding same.
7/24/2023 THT 295.00 663.75 2.25
Review and discuss Neumiller pending matters;
review latest invoice and discuss with client; begin
work on response to audit letter.
7/25/2023 THT 295.00 590.00 2
$4,941.25

1.2.A.a
Packet Pg. 47
Attachment: Terpstra Invoices_July 2023 (3938 : Law Office of Thomas H. Terpstra) Invoice
Date
7/25/2023
Invoice #
250
Bill To
City of Ripon - Police Dept.

Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
Review Grand Jury report and staff’s initial response;
confirm disposition of Pitchess motion.
7/6/2023 THT 295.00 3.5 1,032.50
Work on revisions to Grand Jury response, emails
and calls to and from client re: same.
7/7/2023 THT 295.00 2.5 737.50
Final review of response to presiding judge, email re
same.
7/9/2023 THT 295.00 0.75 221.25
Neumiller & Beardslee's Invoice Number 343572
(Paid in full by The Law Office of Thomas H.

Terpstra).
644.89 644.89
$2,636.14

1.2.A.a
Packet Pg. 48
Attachment: Terpstra Invoices_July 2023 (3938 : Law Office of Thomas H. Terpstra) Invoice
Date
7/25/2023
Invoice #
251
Bill To
City of Ripon - Dhillon - Private Development
Kevin Werner
259 N. Wilma Avenue Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-403
Total
Date Attorney Description Rate Hours Amount
Conference call with client, Charlie Simpson to
discuss pending application, process for appeal of
staff determinations; follow up on same.
7/12/2023 THT 295.00 1.25 368.75
$368.75

1.2.A.a
Packet Pg. 49
Attachment: Terpstra Invoices_July 2023 (3938 : Law Office of Thomas H. Terpstra) Invoice
Date
7/25/2023
Invoice #
253
Bill To
City of Ripon - S.G.M.A.

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 #
1084-213
Total
Date Attorney Description Rate Hours Amount
Review CMC statements and supporting documents,
numerous calls regarding City’s ability to file
separate response.
7/18/2023 THT 295.00 737.50 2.5
Further calls, emails regarding CMC, strategy for
challenging most recent pleadings. Contact Kincaid
regarding same.
7/19/2023 THT 295.00 663.75 2.25
$1,401.25

1.2.A.a
Packet Pg. 50
Attachment: Terpstra Invoices_July 2023 (3938 : Law Office of Thomas H. Terpstra) Bill To

INVOICE
Description Amount
Invoice Date
Total Due
Delinquent Date
Customer # Invoice #
RMA 2024-0038
07/13/2023
$701,356.00
CRI090
2023/2024 1ST QUARTER DEPOSITS

CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
800.541.4591
916.244.1199 Fax
09/11/2023
Auto Physical Damage Program 104,015.00
Employee Assistance Program 2,245.00
General Administration 6,073.00
Liability Program 109,177.00
Low Value Vehicle Coverage Program 365.00
Property Program 320,343.00
Workers' Compensation Program 159,138.00
TOTAL AMOUNT DUE $701,356.00
Please make check payable to CSJVRMA and remit payment to the above address.

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

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

[email protected] ~ (916) 244-1124 (Direct)

1.2.B.a
Packet Pg. 51
Attachment: RMA 2024-0038 Ripon (3940 : CSJVRMA 2023/2024 1st Quarter) Bill To

INVOICE
Description Amount
Invoice Date
Total Due
Delinquent Date
Customer # Invoice #
RMA 2024-0063
07/21/2023
$3,938.00
CRI090

CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
800.541.4591
916.244.1199 Fax
09/04/2023
ResoluteGuard Fees 3,938.00
TOTAL AMOUNT DUE $3,938.00
Please make check payable to CSJVRMA and remit payment to the above address.

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

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

Jim [email protected] ~ (916) 244-1124 (Direct)
September 2022 Service - 1-250 Devices

1.2.B.b
Packet Pg. 52
Attachment: RMA 2024-0063_ResoluteGuard (3940 : CSJVRMA 2023/2024 1st Quarter)

INVOICE
SSJGSA
South San Joaquin Groundwater Sustainability Agency
P.O. Box 747 DATE: June 30, 2023
Ripon, CA 95366 INVOICE # RIPON 2023Q2
Due: Upon receipt
Bill To:

City of Ripon
259 N Wilma Ave
Ripon, CA 95366
AMOUNT
$ 2,589.46
TOTAL $ 2,589.46
Make all checks payable to SSJGSA
or SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY

DESCRIPTION
SSJGSA expenses 04/01/2023 - 06/30/2023
City of Ripon Portion = 10% of $25,894.62

1.2.C.a
Packet Pg. 53
Attachment: 2023 Q2 Ripon (3952 : South San Joaquin Groundwater Sustainability Agency)

1.2.D.a
Packet Pg. 54
Attachment: P&P Invoice 7-14-23 (3955 : Provost & Pritchard Consulting Group)

1.2.E.a
Packet Pg. 55
Attachment: Invoice 17_Soracco, Inc. (3844 : Soracco, Inc.) CONTRACTOR: D.A. Wood Construction, Inc.

PROJECT: Stockton Avenue Rehabilitation
PROJECT DESCRIPTION:

INVOICE NO: 19
DATE: 6/30/2023
ORIGINAL CONTRACT AMOUNT: $4,747,866.50 PREVIOUSLY BILLED AMOUNT: $5,477,304.73 LESS RETENTION: $273,865.24
APPROVED CONTRACT CHANGES: $815,050.02 PREVIOUSLY PAID AMOUNT: $5,203,439.49 CURRENT INVOICED AMOUNT: $1,427.37
LESS RETENTION: $71.37
TOTAL CONTRACT AMOUNT: $5,562,916.52 CURRENT AMOUNT DUE: $1,356.00 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $5,478,732.10 LESS RETENTION: $273,936.61
TOTAL PAID TO DATE: $5,204,795.49

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $0.00
Approx. % Complete: 100.00%
Final Balancing change order to cover outstanding payments for work orders for Stockton Avenue and refunding of material costs for unused materials.

INVOICE SUMMARY
Reconstruction of Stockton Avenue, replacement of underground utilities, sidewalk, curb and gutter.

CONTRACT INFORMATION BILLING INFORMATION
Total Due Retention
WA $0.00 $0.00
SW $0.00 $0.00
ST $1,427.37 $1,356.00 $71.37
ST - MK $0.00 $0.00
Storm $0.00 $0.00
TOTALS $1,427.37 $1,356.00 $71.37
Accounts Payable

1.2.F.a
Packet Pg. 56
Attachment: Invoice 19_D.A. Wood Construction, Inc (3931 : D.A. Wood Construction, Inc.) CONTRACTOR: Diede Construction, Inc.

PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:

INVOICE NO: 5
DATE: 7/31/2023
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $1,909,326.00 LESS RETENTION: $95,466.30
APPROVED CONTRACT CHANGES: $422,238.00 PREVIOUSLY PAID AMOUNT: $1,813,859.70 CURRENT INVOICED AMOUNT: $565,041.05
LESS RETENTION: $28,252.05
TOTAL CONTRACT AMOUNT: $11,578,238.00 CURRENT AMOUNT DUE: $536,789.00 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $2,474,367.05 LESS RETENTION: $123,718.35
TOTAL PAID TO DATE: $2,350,648.70

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $9,103,870.95
Approx. % Complete: 21%
Work performed includes submittals, irrigation system install, paving, curb installation, concrete footing installation, vapor barrier installation, reinforced steel installation, materials procurement, and site plumbing.

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
Total Due Retention
AB 1600 (900-6200) $341,171.79 $324,113.20 $17,058.59
General Fund Dept. Capital (900-6200) $134,705.79 $127,970.50 $6,735.29 WA 900-7100 $34,693.52 $32,958.84 $1,734.68
SW 900-7300 $34,693.52 $32,958.84 $1,734.68
STM 900-7315 $19,776.44 $18,787.61 $988.82
TOTALS $565,041.05 $536,789.00 $28,252.05
Accounts Payable

1.2.G.a
Packet Pg. 57
Attachment: Invoice 5_Diede Construction, Inc. (3936 : Diede Construction, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52215
DATE 06/30/2023
DUE DATE 07/30/2023
TERMS Net 30

PROJECT
South County Water Project
3139 - Ripon Water Lines

PERIOD DESCRIPTION QTY RATE AMOUNT
06/30/2023 Principal 1.75 225.00 393.75
06/30/2023 Senior
Environmental
Planner
23 180.00 4,140.00
06/30/2023 WP and
Graphics
7 125.00 875.00
Services through the invoice date. Thank you. We
appreciate your business. Services in this month
involved preparation of the Initial Study/Mitigated
Negative Declaration for the project, and
accompanying graphics.

BALANCE DUE $5,408.75

1.2.H.a
Packet Pg. 58
Attachment: Invoice 52215 _BaseCamp Environmental Inc (3945 : Basecamp Environmental, Inc.)

INVOICE
Lodi, CA
209-367-3701
Project Mgr: George Ogas
City of Ripon CA
Attn: Christiana Giedd
259 N Wilma Ave
Ripon, CA 95366-3028
Invoice Number: TJ66979
Terracon Consultants, Inc.

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

To:

NA191172B
$19,155.00
7/13/2023
7/08/2023
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 6/27/23 NA191172B.0032 Concrete Inspection ACI 4.00 $108.00 $432.00 6/27/23 NA191172B.0032 PM/PE Review/Admin Support 1.00 $86.00 $86.00 6/27/23 NA191172B.0032 Trip Charge (ea) 1.00 $72.00 $72.00 6/27/23 NA191172B.0032 Compression Test Concrete Cylinders 5.00 $27.00 $135.00 6/28/23 NA191172B.0033 Cylinder Pickup (hr) 2.00 $86.00 $172.00 6/28/23 NA191172B.0033 Trip Charge (ea) 1.00 $72.00 $72.00 Invoice Total $969.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 7/12/2023 Page 1 of 1 Client #396776

1.2.I.a
Packet Pg. 59
Attachment: Invoice TJ66979_Terracon (3946 : Terracon Consultants, Inc.)

INVOICE
Lodi, CA
209-367-3701
Project Mgr: George Ogas
City of Ripon CA
Attn: Christiana Giedd
259 N Wilma Ave
Ripon, CA 95366-3028
Invoice Number: TJ75050
Terracon Consultants, Inc.

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

To:

NA191172B
$19,761.00
7/27/2023
7/22/2023
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: Soils-Asphalt PW
7/10/23 NA191172B.0034 AC/Soil Inspector w/Nuclear Gauge 4.00 $112.00 $448.00 7/10/23 NA191172B.0034 PM/PE Review/Admin Support 1.00 $86.00 $86.00 7/10/23 NA191172B.0034 Trip Charge (ea) 1.00 $72.00 $72.00 Task Total $606.00
Invoice Total $606.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 7/26/2023 Page 1 of 1 Client #396776

1.2.I.b
Packet Pg. 60
Attachment: Invoice TJ75050_Terracon (3946 : Terracon Consultants, Inc.)

1.2.J.a
Packet Pg. 61
Attachment: Invoice 24-622-03-20_LDA (3948 : LDA)
REIMBURSABLE EXPENSE:

Previous Billing: $ 942.26
Payments Received: 942.26
Balance Owing: $
Now Billing For: Reimbursables
($0.0 X 1.1)
mileage Ox .655 (outside of SJ County)
Reimbursable Expense:

TOTAL AMOUNT DUE:
2 Li - 43 Ci OS ,J
$
$
$ 19,487.50
LOA RT JE .COM

1.2.J.a
Packet Pg. 62
Attachment: Invoice 24-622-03-20_LDA (3948 : LDA)

1.2.K.a
Packet Pg. 63
Attachment: Invoice 28749_WGR (3949 : WGR Southwest, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/08/2023
Subject: Enterprise Fund and Landscape Maintenance District transfers RECOMMENDED ACTION:

Approve this resolution for the 2022-23 fiscal year that authorizes transfers from (1) Enterprise Operating Funds to Enterprise Capital Reserve Funds, (2) General Fund to Landscape Maintenance Districts with deficits, (3) General Fund to CNG Station Capital Reserve Fund, and (4) General Fund to PERS Contingency Fund.

BACKGROUND:

At the end of each fiscal year, transfers are analyzed from (1) Enterprise Operating Funds to Enterprise Capital Reserve Funds, (2) General Fund to Landscape Maintenance Districts with deficits, and (3) General Fund to CNG Station Capital Reserve Fund.

In 2020, Redevelopment Bonds were refinanced, which created additional property tax income to the General Fund. Fiscal year 2021-22 was the first time that these savings from the refinancing were realized. At the March 2022 Strategic Planning meeting, Council directed these savings to be transferred to the PERS Contingency Fund.

DISCUSSION/ANALYSIS:

Enterprise Funds to Enterprise Capital Reserve Funds
The Enterprise Fund Rates and Cash Flow Study prepared by Municipal Financial Services (MFS) established Enterprise Fund customer rates that provide the needed revenue to fund the annual operations of the service and set aside revenue to fund the future replacement of capital items. At the end of the fiscal year, each Enterprise Fund’s operating cash flow is evaluated and available funds are transferred to the appropriate Enterprise Capital Fund, as long as the enterprise operating fund minimum balance is maintained. The following table summarizes the fiscal year 2022-23 cash flow and recommended transfer to each Enterprise Capital Fund.

1.3.A
Packet Pg. 64
Table 1
FY 2022-23
Fund Beginning
Balance Income Expenses Balance Prior to Transfer Transfers Ending Balance Water Operating $926,514 $3,825,1161
($2,678,581) $2,073,049 ($1,146,535) $926,514
Sewer Operating $710,609 $2,015,969 ($1,355,152) $1,371,426 ($674,000)2 $697,426 Garbage Operating $211,230 $2,526,054 ($2,300,398) $436,886 ($225,656) 3 $211,230
Water Enterprise
Capital $7,233,395 $288,009 ($1,347,064) $6,174,340 $1,146,535 $7,320,875 Sewer Enterprise
Capital $1,687,703 $85,911 ($579,777) $1,193,837 $355,000 $1,548,837 Sewer WWTP
Reserve $1,161,125 $17,510 $0 $1,178,635 $319,000 $1,497,635 Garbage
Enterprise Capital $1,067,135 $11,921 ($436,012) $643,044 $225,656 $868,700 Storm Drain
Enterprise Capital $371,022 $5,595 ($35,017) $341,600 $0 $341,600

1. Water Operating and Water Enterprise Capital Funds income include transfer of water meter surcharge fee collected during the fiscal year of $191,992.

2. Sewer projected transfer is $355,000 for Capital Repair and Replacement and $319,000 for WWTP Reserve.

3. Transfer target per MFS study is $280,000, but we only transferred $225,656 because operating expenses were increased due to regulatory requirements. This will be evaluated prior to next year’s rate increase.

General Fund to Landscape Maintenance and Lighting Districts with deficits The policy for transferring from the General Fund to the Landscape Maintenance Districts is if the district has an annual operating deficit and no balance to offset that operating deficit, a transfer from the General Funds is made.

Table 2
FY 2022-23
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
Dutch Meadows $ 0 $4,540 ($11,830) ($7,290) $7,290 $ 0
Country Woods $ 0 $7,809 ($13,942) ($6,133) $6,133 $ 0
Farmland Estates $ 0 $3,350 ($7,633) ($4,283) $4,283 $ 0 Jacob’s Landing $22,766 $5,701 ($6,412) $22,055 $22,055 Carolina’s $22,727 $12,644 ($6,950) $28,421 $28,421
Boesch/Kingery $22,780 $6,061 ($13,063) $15,778 $15,778 Main Street $ 0 $10,481 ($36,748) ($26,267) $26,267 $ 0 Cornerstone I $83,774 $14,079 ($12,657) $85,196 $85,196 The Vineyards $117,522 $64,939 ($40,009) $142,452 $142,452 Alexandra Place $1,026 $5,053 ($6,225) ($ 146) $146 $ 0 Lighting District ($21,342) $334,054 ($269,198) $43,514 $43,514

1.3.A
Packet Pg. 65
General Fund to CNG Station Capital Reserve Fund
Each year we evaluate the rate at which CNG is sold at the fueling station on Doak Boulevard to ensure operating costs are recovered plus funds necessary to replace capital items in the future are reserved. At the end of the fiscal year, the CNG station cash flow is evaluated and available funds are transferred to the CNG Station Capital Reserve Fund.

Table 3
FY 2022-23
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
CNG Operating Activity $ 0 $299,1611
($185,662) $113,499 ($113,499) $ 0
CNG Station Capital Reserve $195,982 $2,115 ($95,148) $102,949 $113,499 $216,448

1. Income includes federal tax credits from past years of 2019, 2020, 2021, and 2022. Normal years should only include one tax credit.

General Fund to CalPERS Contingency Fund.

In 2020, Redevelopment bonds were refinanced, creating additional property tax income to the General Fund. Over the next six years, the City will realize savings of $832,824 due to this refinancing, which is shown in the following table. At the March 2022 Strategic Planning meeting, Council directed these savings to be transferred to the CalPERS Contingency Fund.

Table 4
Fiscal Year Savings
2021-2022 $157,569
2022-2023 $161,861
2023-2024 $161,805
2024-2025 $162,117
2025-2026 $136,064
2026-2027 $53,407
Total Savings $832,823
In Fiscal Year 2022-23, $161,861 was transferred to the CalPERS Contingency. This fund balance at June 30, 2023 is $1,334,673. With a transfer made in July 2023, all of these funds are held in the Section 115 Trust with PARS.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING THE TRANSFER OF CERTAIN

MUNICIPAL FUNDS
WHEREAS, the City Council of the City of Ripon is desirous of transferring certain funds to capital reserve funds as hereinafter set forth; and
WHEREAS, it is necessary that the balance of certain funds as hereinafter indicated, be adjusted and certain transfers made in order to properly reflect the correct balance of said funds for the period from July 1, 2022 through June 30, 2023; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following transfers of the City of Ripon be and the same are hereby authorized and approved by the City Council of the City of Ripon as hereinafter specifically set forth:

1. The transfer of $1,146,535.33 from the Water Fund of the City of Ripon to the Capital Reserve Fund of the Water Department of the City of Ripon.

2. The transfer of $191,991.58 from the Water Fund of the City of Ripon to the Capital Reserve Fund of the Water Department of the City of Ripon, for the current year’s collection of water meter surcharge.

3. The transfer of $355,000.00 from the Sewer Fund of the City of Ripon to the Capital Reserve Funds of the Sewer Department of the City of Ripon.

4. The transfer of $319,000.00 from the Sewer Fund of the City of Ripon to the Wastewater Treatment Plant Contingency Fund of the Sewer Department of the City of Ripon.

5. The transfer of $225,655.61 from the Refuse Fund of the City of Ripon to the Capital Reserve Funds of the Refuse Department of the City of Ripon.

6. The transfer of $7,290.57 from the General Fund of the City of Ripon to the Dutch Meadows Landscaping Assessment District Fund for the deficit balance of this Fund.

7. The transfer of $6,133.17 from the General Fund of the City of Ripon to the Country Woods Landscaping Assessment District Fund for the deficit balance of the Fund.

8. The transfer of $4,283.13 from the General Fund of the City of Ripon to the Farmland Estates Landscaping Assessment District Fund for the deficit balance of this Fund.

9. The transfer of $26,266.60 from the General Fund of the City of Ripon to the Main Street Landscaping Assessment District Fund for the deficit balance of this Fund.

10. The transfer of $146.45 from the General Fund of the City of Ripon to the Alexandra Landscaping Assessment District Fund for the deficit balance of this Fund.

11. The transfer of $113,499.00 from the General Fund of the City of Ripon to the CNG Station Capital Reserve Fund for net income of the CNG Station during this fiscal year.

12. The transfer of $161,861.23 from the General Fund of the City of Ripon to the CalPERS Contingency Fund for the savings due to the refinancing of the Redevelopment Bonds.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of August, 2023, by the following vote:

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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: 08/08/2023
Subject: Street & Road Funds transfers
RECOMMENDED ACTION:

Approve this resolution for the 2022-2023 fiscal year for the transfer of certain Municipal Funds for Street Maintenance and Repairs.

BACKGROUND:

The City receives street and road operating income from various sources (e.g., Highway User Tax, SB1, Measure K Renewal, Local Transportation Fund, etc.) that is used to maintain the City’s streets and roads, which are tracked in separate funds by the source of revenue.

During the year, all street and road operating expenditures are tracked through the Street & Roads Operating Fund.

In addition to the normal operating income and expenses, the City receives grants, interest, and other reimbursements that are also tracked as part of the City’s Street & Roads Operating Fund.

At the end of the fiscal year, staff analyzes the Operating Fund activity and transfers dollars from these individual revenue funds to the Street & Roads Operating Fund to cover the annual net expenditures.

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DISCUSSION/ANALYSIS:

Table 1 summarizes the fiscal year 2022-2023 cash flow, recommended transfers, and ending balances for the Street and Road funds.

Table 1
FY 2022-23
Fund Beginning
Balance
Operating
Income
Grant/
Interest
Income
Operating
Expenses
Capital
Expense
Balance
Prior to
Transfer
Transfers Ending
Balance
Street & Roads Operating ($544,904)2 $919,592 ($656,892) ($359,087) ($641,291) $641,291 $ 0 COG/LTF $31,707 $620,260 $6,682 $0 $0 $658,649 ($648,564) $10,085 Measure K $2,856,989 $376,504 $33,139 $0 $0 $3,266,632 $3,266,632 SB 1 Tax $218,032 $350,367 $5,824 $0 $0 $574,223 ($42,218) $532,005 Highway User Taxes1
$827,606 $403,048 $12,612 $0 $0 $1,243,266 ($497,152) $746,114 Community Center
Parking Lot $183,591 $0 $0 $0 $0 $183,591 $183,591
Street & Road Reserve $2,277,793 $424,328 $29,575 $0 $0 $2,731,696 $2,731,696 Street & Road
Reconstruction Reserve $0 $0 $0 $0 $0 $ 0 $546,643 $546,643 TOTALS $5,850,814 $2,174,507 $1,007,424 ($656,892) ($359,087) $8,016,766 $ 0 $8,016,766

1. Summary of five Highway User Tax sources.

2. Due to the timing difference of Stockton Avenue expenses and grant funds received as of June 30, 2022, the operating fund had a negative beginning fund balance.

For fiscal year 2022-2023, there is recommended a total of $1,187,934 to be transferred from certain street and road revenue sources to the Street & Roads Operating Fund. At the Strategic Planning meeting in March 2023, City Council established a policy to transfer 50% of the net of the Street and Road Operating Income (not including reserves) and Operating Expenses for future reconstruction projects. For fiscal year 2022-2023, the amount transferred into Street & Roads Reconstruction Reserve was $546,643, which netted $641,291 to the Operating Fund as shown in the above table.

Table 2 summarizes the Fiscal Year 2022-2023 expenditures of $1,015,979 that were applied against the Street & Roads Operating Fund.

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Table 2
FY 2022-
2023
FY 2021-
2022
Description
Public Works – Street &
Roads Maintenance
$302,096 $373,307 Pothole repair, replace signs, striping, crack sealing (see attached map).

Public Works – Landscape
Maintenance
$325,316 $371,945 Maintain landscaping in areas not included in Landscape Districts.

Capital Projects1 $359,087 $3,732,818
Administration $25,617 $18,015 Prepare necessary claims and audits Engineering $3,863 $3,797 Prepare engineering reports, studies, and grant applications.
$1,015,979 $4,499,882

1. Capital Projects for Fiscal Year 2022-2023 include Stockton Avenue Rehab Phase 2 ($291,134), Lower Stanislaus River Multi-Use Trail ($10,098); design of South of Main Cape Seal ($31,305); and Utility Maintenance Asphalt Project ($26,550). Capital Projects for Fiscal Year 2021-2022 include Stockton Avenue Rehab Phase 2 ($3,677,074); Ripona Safe Routes to School ($7,392); Lower Stanislaus River Multi-Use Trail ($21,573); and Utility Maintenance Asphalt Project ($26,779).

Attachments:

1. Street & Road Maintenance FY 2022-23

1.3.B
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING THE TRANSFER OF CERTAIN

MUNICIPAL FUNDS FOR STREET MAINTENANCE AND

REPAIRS
WHEREAS, it is necessary that the balance of certain funds as hereinafter indicated, be adjusted and certain transfers made in order to properly reflect the correct balance of said funds for the period from July 1, 2022 through June 30, 2023; and WHEREAS, the City Council is desirous of setting aside 50% of each fiscal year’s surplus of Street and Roads’ long term operating revenue less operating expenses for Street and Road reconstruction projects.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following transfer of City funds be and the same is, hereby authorized and approved by the City Council of the City of Ripon as hereinafter specifically set forth:

1. The sum of $42,217.86 of SB1 Street and Road Tax funds is ordered transferred to the Street & Roads Operating Fund for expenses incurred from July 1, 2022 through June 30, 2023, for SB1 Projects.

2. The sum of $250,431.17 of Highway User Tax Section 2103 funds is ordered transferred to the Street & Roads Operating Fund for expenses incurred from July 1, 2022 through June 30, 2023, for street maintenance.

3. The sum of $175,424.43 of Highway User Tax Section 2105 funds is ordered transferred to the Street & Roads Operating Fund for expenses incurred from July 1, 2022 through June 30, 2023, for street maintenance.

4. The sum of $67,254.96 of Highway User Tax Section 2106 funds is ordered transferred to the Street & Roads Operating Fund for expenses incurred from July 1, 2022 through June 30, 2023, for street maintenance.

5. The sum of $4,040.99 of Highway User Tax Section 2107.5 funds is ordered transferred to the Street & Roads Operating Fund for expenses incurred from July 1, 2022 through June 30, 2023, for street maintenance.

6. The sum of $648,564.11 of COG/LTF funds is ordered transferred to the Street & Roads Operating Fund for expenses incurred from July 1, 2022 through June 30, 2023, for street maintenance.

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7. The sum of $546,642.74 Street & Roads Operating funds is ordered transferred to the Street & Roads Reconstruction Fund for future street and road reconstruction projects.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of August, 2023, by the following vote:

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

By: ___________________________
LISA ROOS, City Clerk

1.3.B
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1.3.B.a
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Attachment: Street & Road Maintenance FY 2022-23 (3934 : Street & Road Funds transfers) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/08/2023
Subject: CEQA for Property at N. Ripon Road/River Road
RECOMMENDED ACTION:

Adopt the resolution serving as a notice of exemption pursuant to CEQA guidelines section 15062 for right-of-way acquisition for the North Ripon Road/River Road intersection signalization project.

DISCUSSION/ANALYSIS:

This resolution satisfies the City’s CEQA requirements for right-of-way acquisition for the North Ripon Road and River Road signalized intersection project.

FISCAL IMPACT:

N/A
Attachments:

1. Exhibit A

1.3.C
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ACCEPTING THE CONVEYANCE OF CERTAIN

REAL PROPERTY AND FURTHER ADOPTING A NOTICE OF

EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION
15062
WHEREAS, the City of Ripon proposes a public works project wherein the intersection of North Ripon Road and River Road will be reconstructed to facilitate the installation of a fully signalized intersection (the "PROJECT”). The Project will require the acquisition of certain real property, including but not limited to portions of adjoining parcels set forth in Exhibit “A” for the widening and improvement contemplated by the Project; and WHEREAS, the City has negotiated the arms-length purchase of necessary right-of-way from the current owners of one of the subject parcels on terms and conditions which are mutually acceptable to the parties, and the City desires to accept such right-of-way; and WHEREAS, the City has evaluated the Project as a whole, consisting of land acquisition and improvements, to determine whether there are any potential environmental effects requiring mitigation and/or potential changes in the Project, and has determined that the Project is not subject to CEQA, based upon the “common sense exemption” which provides in relevant part:
“CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. That the Ripon City Council does hereby approve and accept the conveyance of the real property described in this Resolution as a portion of the real property needed for the Project.

2. That the Ripon City Council does find and declare that the Project is not subject to the California Environmental Quality Act for the reasons set forth in CEQA Guidelines Section 15062.

3. That this resolution shall serve as the Notice of Exemption for the Project, and shall be posted as required under the CEQA Guidelines.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of August, 2023, by the following vote:

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

By: ___________________________
LISA ROOS, City Clerk

1.3.C
Packet Pg. 77
b N

RIVER ROAD
b N ----
1/4 SECTION LINE I- - ::>8
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51'
WEST 1/4 CORNER
SEC. 17 TWP. 2 S., R. 8 E
M.D.M.

APN: 245-180-23
.__ __ WESTLINE OF SECTION 17
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SECTION ��,��g:J
ASCi 21-057

CITY OF RIPON

COUNTY OF SAN JOAQUIN
SCALE: 1"=100'
DECEMBER 22, 2021
PH: (209) 526 9724 FX:(209) 526 0472
City of Ripon
DEPT. of PUBLIC WORKS
EXHIBIT "A" PLAT
Exhibit "A"

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Attachment: Exhibit A (3942 : CEQA for Property at N. Ripon Road/River Road) 50'
50'
0 N
EAST

31.00'

WEST LINE OF
SECTION 17
APN: 245-180-27
WEST 1/4 CORNER RIVER ROAD
SEC. 17 TWP. 2 S., R. 8 E
M.D.M.

RIGHT-OF-WAY ACQUISITION

SOUTH LINE OF THE

NW QUARTER OF
SECTION 17

DENOTES AREA

OF ACQUISITION
39726.7 Sq. Feet
I- - ::::,8
0 C/)�
0 N
0 N

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RIVER ROAD

OF THE NORTHWEST QUARTER
17, T.2.S., R.8.E., M.D.B.&M.

OF SECTION ��,��I
ASCi 21-057

CITY OF RIPON

COUNTY OF SAN JOAQUIN
SCALE: 1 "= 1 00'
DECEMBER 22, 2021
PH: (209) 526 9724 FX:(209) 526 0472
City of Ripon
DEPT. of PUBLIC WORKS
EXHIBIT "A" PLAT

1.3.C.a
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Attachment: Exhibit A (3942 : CEQA for Property at N. Ripon Road/River Road) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/08/2023
Subject: Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Measure K Renewal Cooperative Agreement No. (C-24-025) with the San Joaquin Council of Governments (SJCOG) in order to receive reimbursement for the Fleet Maintenance Facility Project from the Passenger Rail, Bus and Bicycle/Pedestrian funding category of the Local Transportation Improvement Plan (LTIP).

BACKGROUND
On December 13, 2022, City Council awarded the contract for the Fleet Maintenance Facility Project to Diede Construction, Inc. in the amount of $11,156,000. The Corporation Yard, Phase 1 improvements are focused on providing the fleet maintenance facility that is planned to serve a population of 25,000 and includes the following elements:
 A 12,500 square foot building that would include fleet maintenance working bays (6 stalls), machine shop, offices, restrooms, and locker rooms.  The exterior of the building will be a mixture of various metal sidings in different orientations and colors along with concrete masonry block walls along the lower portion of the shop building. The building will be accented with metal awnings and canopies in varying spots around the building for architectural interest.  Employee/visitor parking lot between the proposed building and Doak Boulevard that will provide 49 spaces.
 Fenced in fleet parking located to the south of the visitor parking lot.

DISCUSSION
This project was eligible for funds (as specified in the Measure K Renewal Strategic Plan) from the Passenger Rail, Bus and Bicycle/Pedestrian funding category of the Local Transportation Improvement Plan (LTIP). SJCOG authorized Measure K Renewal funds to the City of Ripon

1.4.A
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through the LTIP in the amount of $937,000. SJCOG requires the City of Ripon enter into a Cooperative Agreement that defines the reimbursement of the Measure K funds to City of Ripon, including an estimated project schedule and the terms of reimbursement.

FISCAL IMPACT
The total cost of $13,032,041 for construction of the Fleet Maintenance Facility Project will be funded as summarized below:

Fund Allocation
Corp Yard AB1600 $440,000
Measure K Transit $937,000
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 $370,241
The attached cooperative agreement with the San Joaquin Council of Governments allows for reimbursement of project costs associated with the Fleet Maintenance Facility Project with Measure K Funds.

Attachments:

1. C-24-025 City of Ripon Fleet Maintenance Facility

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MEASURE K RENEWAL
COOPERATIVE AGREEMENT (C-24-025)

FOR THE CITY OF RIPON

FOR FLEET MAINTENANCE FACILITY
This Cooperative Agreement ("Agreement") is made and entered into this 1st day of July, 2023, by and between the City of Ripon ("Sponsor") and the SAN JOAQUIN COUNCIL OF GOVERNMENTS acting as the Local Transportation Authority ("Authority").

RECITALS
WHEREAS, Authority and Sponsor desire to enter into a Cooperative Agreement for funding of transportation improvements in San Joaquin County pursuant to the authority provided by San Joaquin County Local Transportation Improvement Plan and Ordinance ("LTIP"), which was approved by the voters of San Joaquin County on November 7, 2006; and WHEREAS, Sponsor desires to receive funding from the Authority for the particular transportation improvement project specified herein ("Project"); and WHEREAS, the Project is eligible for funds (as specified in the Measure K Renewal Strategic Plan) from the PASSENGER RAIL, BUS AND BICYCLE/PEDESTRIAN funding category of the LTIP; and
WHEREAS, the Authority is authorized under the LTIP to issue Measure K Renewal funds to Sponsor in an amount up to $937,000; and
WHEREAS, Authority shall issue reimbursement payments as provided in Section 2.1 to Sponsor pursuant to a request for reimbursement submitted by the Sponsor; however, the Sponsor understands that in no event shall reimbursement payments, when aggregated with previously approved reimbursement requests, exceed the Measure K Renewal commitment set forth in the Project Cooperative Agreement of $937,000 or 7.19%, whichever is less, of the total project costs as listed in Exhibit “A”; and WHEREAS, any difference in cost which results in less than $937,000 of Measure K Renewal funds being spent on the Project shall be retained by the Authority for reallocation to any other eligible project; and
WHEREAS, Sponsor agrees to abide by the terms and conditions of the Authority as set forth herein for the receipt of Measure K Renewal funds; and
WHEREAS, Authority agrees to provide funding for the transportation improvements of the Sponsor’s Project according to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein made and the mutual benefits to be derived therefrom, the parties hereto represent, covenant and agree as follows:

AGREEMENT

SECTION I
Covenants of Sponsor

1.1 Project Application. The Project description, scope of work, delivery schedule, corridorspecific cost by activity, anticipated amount and type of funds that will supplement Measure K Renewal C-24-025
City of Ripon - Fleet Maintenance Facility

Page 1 of 12 ends

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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility) funds, and the anticipated timing for release of Measure K Renewal funds and the Measure K Renewal “not to exceed” amount are specified in Exhibit “A,” and incorporated herein by this reference.

1.2. Change In Project Scope. A change in the Project scope as described in Exhibit “A” may not be implemented until it has been approved by the Authority. In no event will a change of scope result in the Authority reimbursing more than $937,000.

1.3. Eligible Reimbursement Costs. Eligible reimbursement costs shall be as specified in Exhibit “A” or as may be approved from time to time by the Authority pursuant to Section 1.2.

1.4. Right of Way Costs. It is understood that right-of-way acquisition costs are not eligible reimbursement costs of the Project.

1.5. Measure K Renewal Percentage Share Defined. For this Project, the estimated Measure K Renewal share of eligible reimbursements shall not exceed the lesser of $937,000 or 7.19% of the total project costs listed in Exhibit “A”.

1.6. Invoices and Progress Reports. Starting one month after the execution of this contract, Sponsor shall provide quarterly progress reports and may provide invoices as often as monthly for activities conducted over the prior unbilled month(s). These documents shall include the following specified information:

1.6.a. Copies of Consultant Invoices. Sponsor shall provide the Authority with one (1) copy of all invoices submitted to Sponsor by every consultant, subconsultant, contractor, or subcontractor performing work related to the Project.

1.6.b. Progress Reports. The quarterly progress reports shall include a brief description of the status of the Project, the work completed to date, including any issues that may impact Project schedule. This summary may be included on the invoices submitted to the Authority or be attached to those invoices.

1.7. Use of Funds. Sponsor shall use Measure K Renewal funds consistent with the Project scope of work, as described in Exhibit “A” or approved by the Authority pursuant to Section 1.2.

1.8. Submittal of Bid Documents. All consultant contracts entered into pursuant to this capital funding agreement shall follow a competitive bidding process or give justification for using a sole source in a manner substantially similar to that described in the San Joaquin Council of Governments Financial Management & Accounting Processing Manual. When the contract is awarded, Sponsor shall provide to the Authority one (1) copy of the bid tabulation, and the bid schedule of the successful bidder, complete with unit prices and total award amount. All awarded contracts shall include performance bonds, labor and material bonds, a provision for liquidated damages, and may include any other penalty clauses for nonperformance of the contract. Sponsor shall provide copies to the Authority of all other executed contracts which relate to the Project scope, as described in Exhibit “A” or approved by the Authority pursuant to Section 1.2. Sponsor shall retain records pertaining to the Project for a four (4) year period following completion of the Project.

1.8.a Communication to Authority. Upon inquiry, Sponsor shall communicate, verbal or written, to Authority or its representatives with Project documents, invoices and progress reports, at any time of Project activities consistent to the provisions specified in Section I (1.6), (1.7), (1.8), and Section II (2.2).

1.9. Completion of Project. Sponsor shall be responsible for the timely completion of the construction of the Project and provide management of consultant and contractor activities, including responsibility for schedule, budget and oversight of the services, consistent with the scope of work. Since C-24-025
City of Ripon - Fleet Maintenance Facility

Page 2 of 12 ends

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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility) Sponsor is responsible for project management and oversight, any and all costs which exceed $937,000 of the total eligible costs set forth in Exhibit “A” shall be the sole responsibility of Sponsor. This provision shall apply in all instances including situations where a change in scope has been approved by the Authority pursuant to Section 1.2.

1.9.a. Letter of Project Completion. Sponsor shall provide a letter of project completion which includes final cost, revenues, schedule of activities, etc. This letter shall accompany the final invoice for payment from the sponsor to provide notice of project account closing by Authority.

1.10. Public Outreach. Sponsor shall be responsible for the development and administration of a public outreach effort to ensure public awareness and involvement in the project development and project delivery in construction. Sponsor shall include the Authority staff in the distribution list of all draft and final copy of the public outreach plan and materials of the public outreach activities. Sponsor shall provide the Authority timely email and postal distribution of all public outreach materials including but not limited to public meeting notices, postcards, and other meeting information. The public outreach plan shall identify the Authority in the list of interested stakeholders or project partners. The public outreach plan shall accompany in the first invoice for payment from the Sponsor. All other public outreach materials, meeting summary, and attendance list shall accompany in the invoice for the billing period which the public outreach was performed.

1.11. Excess Costs. In the event the actual Project cost exceeds the estimate shown in Exhibit “A,” this amount will be considered an excess cost. Sponsor is solely responsible for all costs over the amount identified in Section 1.5.

1.12. Errors and Omissions. Sponsor shall diligently monitor and manage all aspects of the Project and shall aggressively pursue any and all remedies, including full restitution and damages from any consultant, contractor, or sub-contractor and their insured and sureties suspected of any acts errors, or omissions committed during business activities that economically damage the project.

1.13. Provision of Signs. Sponsor shall install signs approved by the Authority consistent with the specifications set forth in Exhibit “B” of this Agreement, attached hereto and incorporated herein by this reference. Signs shall be posted at both ends of the project boundaries so as to be visible to motorists traveling in either direction.

SECTION II
Covenants of Authority

2.1. Reimbursement Payments. The Authority shall make reimbursement payments to Sponsor for all eligible Project costs. To receive monthly reimbursement payments for work completed on the Project, Sponsor shall comply with the following reimbursement procedures:

2.1.a. Deadline to Submit Reimbursement Requests. All invoices and progress reports shall be submitted to Authority on or before 5:00 p.m. on the tenth (10th) calendar day of the month in which the Sponsor requests reimbursement payments. Authority shall issue reimbursement payments to Sponsor on or before the last day of the month for all timely submittals.

2.1.b. Late Submittals. If Sponsor fails to submit documents to Authority as set forth in Section 2.1.a, above, then Authority shall provide reimbursement payments for late submittals in the following calendar month.

2.1.c. Ineligible Costs. The Authority reserves the right to 'adjust current or future reimbursement payments to Sponsor if an invoice includes ineligible costs.

C-24-025
City of Ripon - Fleet Maintenance Facility

Page 3 of 12 ends

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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility)

2.1.d. Reimbursement Amount. The amount of reimbursement payments to Sponsor shall be equivalent to the Measure K Renewal percentage share for each invoice submitted to the Authority. The reimbursement percentage share for this Project shall not exceed 7.19% of the total project costs and available Measure K Renewal funds per fiscal year as specified in Exhibit "A".

2.1.e. Suspension of Reimbursement. Reimbursement payments for the item(s) in question shall be suspended when a dispute arises as to whether or not the cost item(s) is eligible for reimbursement.

2.1.e.(l) Meeting. Once a dispute has occurred, the Authority shall arrange a meeting between the Authority and the Sponsor's staff to discuss and attempt to resolve the dispute. If the invoice was received on or before 5:00 p.m. on the 10th day of the month, the meeting shall be held no later than the 20th day of the same month. If the invoice was received after this date and time, then the meeting shall be held no later than the 20th day of the following month.

2.1.e.(2) Technical Advisory Committee. If an agreement cannot be reached at the meeting, then the Sponsor or the Authority shall have the option to take the dispute to the Authority's Technical Advisory Committee, with the understanding that by doing so the reimbursement for the disputed cost item(s) will be delayed until a resolution of the matter is reached.

2.1.e.(3) Board Decision. If the Sponsor or the Authority disagrees with the resolution by the Technical Advisory Committee, then the dispute shall be submitted to the San Joaquin Council of Governments Board for resolution. If the Board determines that the disputed cost item(s) is ineligible, the Authority shall not provide reimbursement payment to the Sponsor for the disputed item(s). If the Board determines that the disputed cost item(s) is eligible, then the Authority shall provide reimbursement payment to the Sponsor for the disputed cost.

2.1.e.(4) Reservation of Rights. By utilizing the above procedures, the Sponsor does not surrender any rights to pursue available legal remedies if the Sponsor disagrees with the Board decision.

2.1.f.(5) Acceptance of Work Does Not Result In Waiver. Reimbursement payments do not result in a waiver of the right of the Authority to require fulfillment of all terms of this Agreement.

2.2. Right to Conduct Audit. The Authority shall have the right to conduct an audit of all Sponsor's records pertaining to the Project at any time during the four (4) year period after completion of the Project.

SECTION III
Mutual Covenants

3.1. Term. This Agreement shall remain in effect until discharged or terminated as provided in Section 3.2 or Section 3.14.

3.2 Discharge. This Agreement shall be subject to discharge as follows

3.2.a. Breach of Obligation. If a party believes that the other is in breach of this agreement, that party shall provide written notice to the breaching party and the written notice shall identify the nature of the breach. The breaching party shall have thirty (30) days from the date of notice to initiate steps to cure any breach that is reasonably capable of being cured. If the breaching party diligently pursues cure, such party shall be allowed a reasonable time to cure, not to exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching party.

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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility) If the non-breaching party is not satisfied that there has been a cure by the end of the time for cure, the non-breaching party may seek available legal remedies.

3.2.b. Termination by Mutual Consent. This Agreement may be terminated at any time by mutual consent of the parties.

3.2.c. Discharge Upon Completion of Project. Except as to any rights or obligations which survive discharge as specified in Section 3.13, this Agreement shall be discharged, and the parties shall have no further obligation to each other, upon completion of the Project as certified by the Authority.

3.3. Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Sponsor:

3.3.a. That neither Authority, nor any officer or employee thereof, shall be responsible for, and Sponsor shall fully defend, indemnify and hold harmless Authority against any damage or liability occurring by reason of anything done or omitted to be done by Sponsor under the Agreement. It is also fully understood and agreed that, pursuant to Government Code Section 895.4, Sponsor shall fully defend, indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Sponsor under this Agreement or in connection with any work, authority, or jurisdiction delegated to Sponsor under this Agreement.

3.3.b. That neither Sponsor nor any officer or employee thereof, shall be responsible for, and Authority shall fully defend, indemnify and hold harmless Sponsor against, any damage or liability occurring by reason of anything done or omitted to be done by Authority under or in connection with any work, authority or jurisdiction delegated to Authority under the Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, Authority shall fully defend, indemnify and hold the Sponsor harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement.

3.4. Notices. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below:

TO AUTHORITY: TO SPONSOR:

Diane Nguyen Kevin M. Werner
Executive Director City Administrator
San Joaquin County City of Ripon
Transportation Authority 259 N. Wilma Avenue
555 E. Weber Avenue Ripon, CA 95366
Stockton, CA 95202
Either party may change its address by giving notice of such change to the other party in the manner provided in this Section 3.4. All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after deposit in the United States mail.

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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility)

3.5. Additional Acts and Documents. Each party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of the Agreement.

3.6. Integration. This Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements.

3.7. Amendment. This Agreement may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.

3.8. Independent Agency. Sponsor renders its services under this Agreement as an independent agency and the Authority is also an independent agency under the Agreement. None of the Sponsor's agents or employees shall be agents or employees of the Authority and none of the Authorities' agents or employees shall be agents or employees of Sponsor.

3.9. Assignment. The Agreement may not be assigned, transferred, hypothecated, or pledged by any party without the express written consent of the other party.

3.10. Binding on Successors. This Agreement shall be binding upon the successor(s), assignee(s) or transferee(s) of the Authority or as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate or pledge this Agreement other than as provided above.

3.11. Severability. Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of either party to enter into or carry out, such determination shall not affect the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties.

3.12. Counterparts. This Agreement may be executed in one or more counterparts and shall become effective when one or more counterparts have been signed by all of the parties; each counterpart shall be deemed an original but all counterparts shall constitute a single document.

3.13. Survival. The following provisions in this Agreement shall survive discharge:

3.13.a. Sponsor. As to Sponsor, the following sections shall survive discharge:

Section 1.6 (obligation to apply funds to Project), Section 1.7 (obligation to provide copies and retain records), Section 1.8 (obligation to continue to manage Project).

3.13.b. Authority. As to Authority, the following section shall survive discharge:

Section 2.2 (right to conduct audit).

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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility)

3.13.c. Both Parties. As to both parties, the following sections shall survive discharge: Section 3.2.a. (obligation which survives termination), and Section 3.3 (mutual indemnities).

3.14. Limitation. All obligations of Authority under the terms of this Agreement are expressly contingent upon the Authority's continued authorization to collect and expend the sales tax proceeds provided by Measure K Renewal. If for any reason the Authority's right or ability to collect or expend such sales tax proceeds is terminated or suspended in whole or part so that it materially affects the Authority's ability to fund the project, the Authority shall promptly notify Sponsor, and the parties shall consult on a course of action. If, after twenty-five (25) working days, a course of action is not agreed upon by the parties, this Agreement shall be deemed terminated by mutual or joint consent. Any future obligation to fund this project or any other project or projects of Sponsor, not already specifically covered by separate Agreement, shall arise only upon execution of a new Agreement.

3.15. Attorneys' Fees. Should any litigation commence between the parties concerning the rights and duties of any party pursuant to, related to, or arising from, this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for its attorneys' fees and costs of such litigation, or in a separate action brought for that purpose.

3.16. Time. Time is and shall be of the essence of this Agreement and each and all of its provisions in which performance is a factor.

3.17. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give the fullest effect allowed by law.

3.18. Applicable Law. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of California.

3.19.Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the provisions of this Agreement and shall not affect the Project or interpretation of any of its provisions.

3.20. No Continuing Waiver. The waiver by any party of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach ofthe same, or of any other provision ofthis Agreement.

3.21. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason ofthis Agreement on any third party, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third party to any party to this Agreement, nor shall any provision of this Agreement give any third party any right of subrogation or action over or against any party to this Agreement.

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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility)

3.22. Signator's Warranty. Each party warrants to each other that he or she is fully authorized and competent to enter into this Agreement in the capacity indicated by his or her signature and agrees to be bound by this Agreement as of the day and year first mentioned above upon the execution of this Agreement by each other party.

IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year firstwritten above.

CITY OF RIPON SAN JOAQUIN COUNTY

TRANSPORTATION AUTHORITY
By:_______________________ ______ By:______________________________

MICHAEL RESTUCCIA ROBERT RICKMAN
Mayor Chair
ATTEST:

By:_____________________________ By:______________________________

LISA ROOS DIANE NGUYEN, AICP
City Clerk Executive Director
APPROVED AS TO FORM:

By:_____________________________ By:______________________________

TOM TERPSTRA STEVE DIAL
City Attorney Deputy Executive Director/CFO
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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility)

EXHIBIT A
City of Ripon
Fleet Maintenance Facility

1. 2019 Measure K Strategic Plan Project ID: TK17

2. Project Names, Locations:

Fleet Maintenance Facility

3. Project Sponsor, Contact Person, Phone Number:

City of Ripon
Kevin Werner
City Administrator
209-599-2035
[email protected]

4. Project Scope of Work:

The project includes the construction of a Maintenance and Operations building, fuel island, fuel storage tanks, vehicle wash building, backup generator, and trash/recycling enclosure. Site work consists of paved staff and visitor parking and drive aisles, landscape, sight lighting and security cameras, and perimeter fencing.

5. Expected Time of Delivery of Overall Project (indicate if task is already completed, and phasing of the project):

Start Date Completion Date
Preliminary Design/ Environmental January 2020 April 2021 Final Design January 2020 September 2022
Right of Way Acquisition N/A N/A
Construction February 2023 June 2024
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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility)

6. Estimated Project Cost (as applicable for each of the phases described above):

Measure K Amount Total Cost
Preliminary Design/ Environmental $0.00 $0.00
Final Design $0.00 $415,942
Right of Way Acquisition $0.00 $0.00
Construction $937,000 $13,032,041

7. Source(s) and Amount(s) of Matching Funds:

Amount Percentage
Measure K Renewal Regional Arterial Funds $937,000 7.19% City of Ripon Funds $12,095,041 92.81%
TOTAL $13,032,041 100%

8. Project Vicinity Map (See Attached):

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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility) C-24-025
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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1234589 A ___________________Project Cost
10 Funded B
y Measure K
1112 (Other Funding Sources:)131415
4 Feet
Project Name
8 Feet
16 SJCOG Logo Project Name
Orange Pantone #1595 8" Upper case black lettering
Blue Pantone #2945 White background
White background Black outlineMeasure K Logo:36" x 34 " Project Cost, Matching Funds, Partner(s):Orange and blue lettering on white background 6" Upper case and 4" lower case black lettering White backgroundBlack outlineAll sign features to be reflectorized (engineer‐grade Scotchlite) Exhibit B
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Attachment: C-24-025 City of Ripon Fleet Maintenance Facility (3884 : Measure K Renewal Cooperative Agreement - Fleet Maintenance Facility) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 08/08/2023
Subject: Fleet Maintenance Facility Change Order 4
RECOMMENDED ACTION:

Approve Change Order No. 4 for countertop leg panels, additional concrete for sidewalk, and filling an underground concrete pipe in the not to exceed amount of $4,889 (funding sources:

Corp Yard AB1600 Fund, Measure K Transit, Enterprise Capital Funds, and General Capital Fund).

BACKGROUND:

The Fleet Maintenance Facility Project was awarded to Diede Construction, Inc. at the December 13, 2022 City Council meeting for an amount of $11,156,000. The Fleet Maintenance Facility Project will involve the construction of a 12,500 square foot maintenance building and parking lot.

At the March 14, 2023 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $288,622 for raising the elevation of the existing berm at the Wastewater Treatment Plant disposal ponds in order to provide additional storage capacity.

At the June 13, 2023 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $1,466 for additional survey staking.

At the July 26, 2023 City Council meeting, Council approved Change Order No. 3 in the not to exceed amount of $132,150 for electrical revisions and revisions to accommodate SSJID, MID, and Fire Department requirements.

DISCUSSION:

The Fleet Maintenance Facility Project required various field and design changes that included adding stainless steel panels to make countertops ADA compliant, adding 67 square feet of

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sidewalk concrete, and filling an 60-inch diameter concrete pipe that was found with slurry to prevent future issues.

The additional work is to be billed at a cost not to exceed $4,889.

FISCAL IMPACT:

The attached Change Order No. 4 is in the amount of $4,889 and will be allocated to the Corp Yard AB1600 Fund (60.4%), Measure K Transit (7.4%), Water, Sewer and Storm Enterprise Capital Funds (15.8%) and General Capital Fund (16.4%). The amended construction contract price is shown in Table 1.

Table 1 – Current Contract Price
Amount
Original Contract Price $ 11,156,000
Change Orders (1-4) $ 427,127
Current Contract Price $ 11,583,127
Attachments:

1. CO 4

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CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 4 DATE: 8/8/2023
PROJECT: Fleet Maintenance Facility Project SHEET 1 OF 1 SHEETS TO: Diede Construction, Inc.

NOTE: This change order is not effective until approved by the CITY ENGINEER.

Description Cost
Addition of the following items:

Leg panels for countertops (PC #43) $1,276.00
Concrete pipe slurry fill (PC #49) $3,129.00
Additional site concrete (PC #56) $484.00
Total: $4,889.00
Not to Exceed Cost: Increase
Approval Recommended: Date:

Approved: Date:

Accepted, Date _____________________ Contractor
By ___________________________________ Title
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.

Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

Change requested by the Engineer.

If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.

All work shall be in accordance with City Standards.

Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$4,889.00
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 0 Calendar Days

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Attachment: CO 4 (3951 : Fleet Maintenance Facility Change Order 4) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/08/2023
Subject: Stockton Avenue Rehabilitation Change Order 13 RECOMMENDED ACTION:

Approve Change Order No. 13 for work orders and credits for bid items deemed unnecessary for project in the not to exceed amount of $1,427.37 (funding source: Street & Road Operating Fund).

BACKGROUND:

The Stockton Avenue Rehabilitation Project was awarded to D.A. Wood Construction, Inc. at the February 9, 2021 City Council meeting for an amount of $4,747,866.50. The Stockton Avenue Rehabilitation Project will involve a complete road reconstruction from Second Street to Doak Boulevard, including the repair and replacement of several underground utilities along with the installation of concrete pavers, new streetlights, and 6-foot sidewalks.

At the April 13, 2021 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $189,062.81 for the truck detour improvements required on private property and changes to the scope of the project at the request of Ripon Manufacturing Company.

At the June 8, 2021 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $28,174.31 for the increase in price of PVC pipe material due to a national material shortage.

At the August 10, 2021 City Council meeting, Council approved Change Order No. 3 in the not to exceed amount of $135,904.03 for various unforeseen field conditions that required changes to the contract documents.

At the September, 14, 2021 City Council meeting, Council approved Change Order No. 4 in the not to exceed amount of $38,764.98 to locate a water lateral and for additional work needed for storm drain conflicts on Stockton Avenue between Doak Boulevard and Fifth Street.

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At the November 9, 2021 City Council meeting, Council approved Change Order No. 5 in the not to exceed amount of $60,265.77 for additional work necessary to lower the elevation of 48” Storm Drain Pipe installed to avoid an existing PG&E transmission line.

At the December 14, 2021 City Council meeting, Council approved Change Order No. 6 in the not to exceed amount of $11,351.00 to adjust catch basins to eliminate conflicts with an MID electrical line and PG&E gas transmission line.

At the January 11, 2022 City Council meeting, Council approved Change Order No. 7 in the not to exceed amount of $24,300.00 for three field changes required to install the water line.

At the February 8, 2022 City Council meeting, Council approved Change Order No. 8 in the not to exceed amount of $36,120.00 for four field changes required to resolve storm drain conflicts.

At the March 8, 2022 City Council meeting, Council approved Change Order No. 9 in the not to exceed amount of $40,076.00 for additional potholing required to adhere to PG&E internal standards, demolition of an industrial sewer manhole found within the proposed curb and gutter, upsizing street light conduits and the demolition of asphalt found buried beneath existing soil on Stockton Avenue.

At the April 12, 2022 City Council meeting, Council approved Change Order No. 10 in the not to exceed amount of $19,159.86 for additional concrete driveway work.

At the June 9, 2022 City Council meeting, Council approved Change Order No. 11 in the not to exceed amount of $91,644.64 for concrete price escalations and additional frontage work at two properties.

At the July 12, 2022 City Council meeting, Council approved Change Order No. 12 in the not to exceed amount of $138,799.25 for 6" grind and overlay at the South end of Stockton Avenue and additional pull box installation for street light connection).

DISCUSSION:

The Stockton Avenue Rehabilitation Project required design changes due to various unforeseen field conditions and design changes made during construction, as summarized below:

Project changes related to unforeseen field conditions: When placing and compacting the road base on Stockton Avenue, two (2) areas of the road were inundated with water due to seepage from irrigation runoff from adjacent private properties. This runoff resulted in the base being unsuitable and required excavation of the existing impacted road base, and replacement and compaction of new road base. The additional cost related to these changes is $5,409.12.

During construction, a water line that was reported as abandoned was still pressurized with water. The contractor dug through the line anticipating it to be empty. To prevent water from having significant impacts on the construction area, the contractor excavated a basin to contain

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the water and reduce impacts to the road construction activities. The additional cost related to these changes is $8,359.96.

A section of curb and gutter at a driveway corner was found to be settling and creating a slanted edge that was unsuitable for paver installation. After discovery of this, contractor was directed to repair the section to create a flat edge for the future paver installation. Contractor removed and replaced the settling portion of curb, gutter, and driveway at this corner. The additional cost related to these changes is $4,077.76
During the excavation for the new road section, two (2) elevation conflicts were found from existing PG&E lines and three (3) elevation conflicts from existing sanitary sewer and storm drain manholes required changes from the original design. The additional cost related to these changes is $21,045.07
Project changes related to design changes: During the construction of the proposed sidewalk, a handicap ramp that was included in the contract was determined to not comply with ADA requirements after the contractor had graded and compacted the subgrade for the handicap ramp.

The contractor was directed to regrade and compact the subgrade as necessary to meet ADA requirements. The additional cost related to these changes is $1,381.27.

Also, the contract included a valley gutter to be located at the property at 737 South Stockton Avenue. Staff requested a change order from the contractor to modify the valley gutter placement after the forms were placed to reduce the likelihood of rainfall runoff pooling at the building. The additional cost related to these changes is $6,913.19.

Finally, various contract changes resulted in minor adjustments to the bid line items based on the actual work that was performed. This resulted in a savings of $45,759.

FISCAL IMPACT:

The attached Change Order No. 13 is in the amount of $1,427.37 and will be funded through the Street & Road Operating Fund.

To summarize the funding related to this change order, see the table below.

Amount
Original Contract Price $ 4,747,866.50
Change Orders (No. 1-12) $ 813,622.65
Change Order 13 $ 1,427.37
Current Contract Price $ 5,562,916.52
Attachments:

1. CCO13

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Attachment: CCO13 (3896 : Stockton Avenue Rehabilitation Change Order 13) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/08/2023
Subject: Well 19 Pump Station
RECOMMENDED ACTION:

Accept the work completed by Soracco, Inc. and authorize the filing of a Notice of Completion with retention ($90,546.83) to be paid 35 days after recording of notice.

BACKGROUND:

The Well 19 Pump Station Project is complete and in substantial conformance with our Plans and Specifications. The project in general consists of the installation of a potable Water Pump Station and Site improvements.

FISCAL IMPACT:

The retention of $90,546.83 is paid through the Water Enterprise Capital Fund.

Attachments:

1. Invoice 18_Soracco, Inc.

2. NOC_Well 19 Pump Station

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Attachment: Invoice 18_Soracco, Inc. (3935 : Well 19 Pump Station)

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attn: Deputy City Clerk

NOTICE OF COMPLETION

1. A work of improvement consisting of the construction of the Well 19 Pump Station pursuant to the contract dated September 14, 2021, between the City of Ripon, as owner, and Soracco, Inc. of 903 E. Lodi Avenue, Lodi, CA 95240, as Contractor, has now been completed.

2. The name and address of the owner and the public agency for which said work of Improvement was performed is:

City of Ripon, A Municipal Corporation
259 North Wilma Avenue
Ripon, CA 95366

3. The name of the contractor for the work of improvement performed is:

Soracco, Inc.
903 E. Lodi Avenue
Lodi, CA 95240

4. The interest of the City of Ripon is as an owner of the Well 19 Pump Station constructed on real property owned by the City of Ripon.

5. The work of improvement consists of the installation of a potable Water Pump Station and Site improvements.

6. The work of improvement was accepted as being complete by the City of Ripon on August 8, 2023.

THE CITY OF RIPON
By ___________________________ Michael Restuccia , Mayor (SIGNATURE MUST BE NOTARIZED & RECORDED)

VERIFICATION
I, Lisa Roos, do hereby certify as follows:

I am now, and have been duly appointed, acting and qualified City Clerk of the City of Ripon, a California Municipal Corporation of the Sixth Class; as such City Clerk, I am the custodian of the Official Records of the City Council of said City; the foregoing Document, NOTICE OF COMPLETION is a full true and correct copy and was duly and regularly ordered to be recorded in the office of the San Joaquin County Recorder. __________________________________ ______________________________________ Date Lisa Roos, City Clerk
City of Ripon
A Municipal Corporation

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259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/08/2023
Subject: Stockton Avenue Rehabilitation Project
RECOMMENDED ACTION:

Accept the work completed by D.A. Wood Construction, Inc. and authorize the filing of a Notice of Completion with retention ($273,936.61) to be paid 35 days after recording of notice.

BACKGROUND:

The Stockton Avenue Rehabilitation Project is complete and in substantial conformance with our Plans and Specifications. The project in general consists of the reconstruction of Stockton Avenue, replacement of underground utilities, sidewalk, curb and gutter.

FISCAL IMPACT:

The retention of $273,936.61 is paid through the Water, Sewer and Storm Enterprise Capital Funds, Measure K Regional Arterial Funds and the Street and Road Operating Fund.

Attachments:

1. Invoice 20_D.A. Wood Construction, Inc

2. NOC_Stockton Ave. Rehab

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CONTRACTOR: D.A. Wood Construction, Inc.

PROJECT: Stockton Avenue Rehabilitation
PROJECT DESCRIPTION:

INVOICE NO: 20
DATE: 6/30/2023
ORIGINAL CONTRACT AMOUNT: $4,747,866.50 PREVIOUSLY BILLED AMOUNT: $5,478,732.10 LESS RETENTION: $273,936.61
APPROVED CONTRACT CHANGES: $815,050.02 PREVIOUSLY PAID AMOUNT: $5,204,795.49 CURRENT INVOICED AMOUNT: $273,936.61
LESS RETENTION:

TOTAL CONTRACT AMOUNT: $5,562,916.52 CURRENT AMOUNT DUE: $273,936.61 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $5,752,668.71 LESS RETENTION: $273,936.61
TOTAL PAID TO DATE: $5,478,732.10

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $0.00
Approx. % Complete: 100.00%
The Stockton Avenue Rehabilitation Project is 100% complete.

INVOICE SUMMARY
Reconstruction of Stockton Avenue, replacement of underground utilities, sidewalk, curb and gutter.

CONTRACT INFORMATION BILLING INFORMATION
Total
WA $27,557.94
SW $23,354.18
ST $195,664.40
ST - MK $15,482.08
Storm $11,878.01
TOTALS $273,936.61
Accounts Payable

1.4.E.a
Packet Pg. 105 Attachment: Invoice 20_D.A. Wood Construction, Inc (3852 : Stockton Avenue Rehabilitation Project)

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attn: Deputy City Clerk

NOTICE OF COMPLETION

1. A work of improvement consisting of the construction of the Stockton Avenue Rehabilitation Project pursuant to the contract dated February 9, 2021, between the City of Ripon, as owner, and D.A. Wood Construction, Inc. of 963 Shepard Court, Oakdale, CA 95361, as Contractor, has now been completed.

2. The name and address of the owner and the public agency for which said work of Improvement was performed is:

City of Ripon, A Municipal Corporation
259 North Wilma Avenue
Ripon, CA 95366

3. The name of the contractor for the work of improvement performed is:

D.A. Wood Construction, Inc.
963 Shepard Court
Oakdale, CA 95361

4. The interest of the City of Ripon is as an owner of the Stockton Avenue Rehabilitation Project constructed on real property owned by the City of Ripon.

5. The work of improvement consists of the reconstruction of Stockton Avenue between Second Street and Doak Boulevard.

6. The work of improvement was accepted as being complete by the City of Ripon on August 8, 2023.

THE CITY OF RIPON
By ___________________________
Michael Restuccia , Mayor
(SIGNATURE MUST BE NOTARIZED & RECORDED)

VERIFICATION
I, Lisa Roos, do hereby certify as follows:

1.4.E.b
Packet Pg. 106 Attachment: NOC_Stockton Ave. Rehab (3852 : Stockton Avenue Rehabilitation Project) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/08/2023
Subject: Delta Regional Monitoring Program
RECOMMENDED ACTION:

Approve and authorize the annual payment of $5,150 to the Delta Regional Monitoring Program for the City of Ripon’s participation in this program, as required by the City’s State Storm Water Phase II General Permit.

BACKGROUND:

The State Water Resources Control Board (SWRCB) adopted the Phase II Municipal Separate Storm Sewer Systems (MS4s) General Permit in February of 2013 and it took effect on July 1, 2013. The permit was a renewal of the previous MS4 permit which was first adopted in 1999.

All cities with a population of over 10,000 fall under the Phase II general permit requirements.

The MS4 General Permit was established under the Clean Water Act which prohibits certain discharges of storm water containing pollutants into national waters without a permit.

The City of Ripon discharges its storm water runoff directly into the Stanislaus River which feeds into the San Joaquin River. Due to certain pollutants within the San Joaquin River, Ripon is required to participate in a water quality monitoring program under the MS4 General Permit.

The intent of this required program is to determine the extent of the receiving water problems, what the sources of the water quality problems are and whether or not conditions of the receiving water are getting better or worse.

DISCUSSION/ANALYSIS:

To meet the water quality monitoring element of the MS4 General permit, the State has forced participation of several municipalities including Ripon into the existing Delta Regional Monitoring Program (Delta RMP) by order of California Water Code Section 13267. The Delta RMP is currently monitoring constituents that are commonly found in storm water runoff including pathogens, mercury, pesticides and their associated toxicity to aquatic organisms.

Samples are obtained at locations along the San Joaquin River and Delta waterways. As results

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from the monitoring efforts are obtained, new measures to help reduce contaminants will be proposed for implementation.

FISCAL IMPACT:

Each municipality will pay an annual fee for participation in the Delta RMP based on population.

The City of Ripon falls into the 8,000 – 19,999 population range and will pay an annual fee of $5,150 from the City’s Sewer Operating Fund.

Attachments:

1. 23-24 Delta Regional Invoice

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Delta Regional Monitoring Program

C/O CVCWA
808 R Street, Suite 209
Sacramento, CA 95811

CONTRIBUTION
NOTICE #23-034
DATE: JULY 12, 2023
TO:

City of Ripon
Mr. Kevin Werner
259 North Wilma Avenue
Ripon, CA 95366
SUBMIT TO:

Delta Regional Monitoring Program
Kat Garcia, Treasurer
c/o Regional Wastewater Control Facility
2500 Navy Drive
Stockton, CA 95206
COMMENTS OR SPECIAL INSTRUCTIONS:

Make all checks payable to Delta Regional Monitoring Program.

DESCRIPTION TOTAL
Delta Regional Monitoring Program 2023-24 - Phase II MS4 $5,150 July 1, 2023 to June 30, 2024
TOTAL DUE $5,150
If you have any questions concerning this notice, contact: Kathryn Garcia, Delta Regional Monitoring Program Treasurer, at 209-937-8232 or [email protected].

THANK YOU

1.4.F.a
Packet Pg. 109 Attachment: 23-24 Delta Regional Invoice (3933 : Delta Regional Monitoring Program) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 08/08/2023
Subject: First Amendment to Fehr & Peers Services Agreement RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Amendment No. 1 to the Professional Services Agreement with Fehr & Peers in order to perform additional traffic analysis to mitigate impacts of cut-through traffic at the East Main Street and Highway 99 intersection in the not to exceed amount of $31,500 (funding source: Transportation PFFP Fund).

BACKGROUND:

In order to install a traffic signal at an intersection, certain minimum warrants are required to be met, as defined by the California Department of Transportation. Staff has analyzed the intersection of East Main Street and Highway 99 and found that this intersection meets the minimum requirements for the installation of a traffic signal.

At the September 10, 2019 City Council meeting, the City Council authorized staff to submit a grant application for the installation of this signal. Ultimately, the City received a $480,000 grant for the intersection improvements that would also include a traffic signal.

At the February 14, 2023 City Council meeting, Council approved the Professional Services Agreement with Fehr & Peers in the not to exceed amount of $35,000 to design the traffic signal for the East Main Traffic Signal Project. The project will install a traffic signal at the intersection of East Main Street and Highway 99 Northbound on/off ramps. Currently traffic is controlled with stop signs.

DISCUSSION/ANALYSIS:

Ripon streets have experienced a significant increase in the number of vehicles cutting through Ripon to avoid the congestion that happens during the evening commute on the Highway 99/120 interchange and Highway 99 through Ripon. This large increase in cut-through commute traffic is beyond what Ripon city streets were designed for and is resulting in significant delays to

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Ripon residents along with an increase in moving violations (e.g., speeding, not stopping at stop signs, etc).

The first phase the City of Ripon implemented to mitigate the impacts of cut-through traffic was to meter the volume of traffic entering city limits at the intersection of Jack Tone Road and West Main Street by adjusting the timing of the traffic signal at this intersection, as this was the primary route for cut-through traffic to enter Ripon city limits, at that time. This has had a positive benefit of reducing the back up of traffic on downtown streets, but has also had a negative impact as a result of drivers using alternative routes to enter city limits, such as North Ripon Road and ultimately going through the East Main Street/Highway 99 intersection to merge on to southbound Highway 99.

Staff has requested for Fehr & Peers to modify the scope of work for the East Main Traffic Signal Project. The purpose of modifying the scope is to further evaluate options to mitigate the impacts of cut-through traffic at the East Main Street/Highway 99 and surrounding area. Any recommended improvements from this study will be incorporated as part of the East Main Street traffic signal.

The following is a summary of the tasks to be completed by LDA Partners as part of Amendment No. 1:
 Traffic Impact Study ($31,500)
The study will evaluate the effects of cut-through trips at the East Main Street/Highway 99 intersection and make recommendations how best to time this intersection to reduce the impacts of cut-through traffic in Ripon, along with any other improvements that can reduce congestion on city streets from the cut-through traffic.

FINANCIAL IMPACT:

The attached Amendment No. 1 to the Professional Services Agreement with Fehr & Peers has a not to exceed amount of $31,500, which will amend the total contract amount to $66,500. This expense will be paid for through the Transportation PFFP fund. The current balance of this fund is $1,841,000.

Attachments:

1. Amendment 1_Fehr Peers

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Professional Services Agreement - Page 1 of 1
E. Main Street Traffic Signal Project
Fehr & Peers
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

FEHR & PEERS
This Amendment to the Professional Services Agreement dated February 14, 2023 (“Amendment”) is made and entered into on, August 8, 2023 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Fehr & Peers (“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, whichever 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.

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Thirty One Thousand Five Hundred Dollars ($31,500) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amended herein, the remaining terms and conditions of the General Services Agreement dated February 14, 2023, shall remain in full force and effect.

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

CITY OF RIPON CONSULTANT
Michael Restuccia, Mayor Kristin D. Calia, P.E.

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Packet Pg. 112 Attachment: Amendment 1_Fehr Peers [Revision 1] (3890 : First Amendment to Fehr & Peers Services Agreement) 1013 Galleria Boulevard | Suite 255 | Roseville, CA 95678 | (916) 773-1900 | Fax (916) 773-2015 www.fehrandpeers.com
July 6, 2023
Ms. Christiana Giedd
Associate Civil Engineer
City of Ripon
259 N. Wilma Ave.

Ripon, CA 95366
Subject: Proposal for Additional Services for the East Main Street / Northbound SR 99 Intersection Project
Dear Christiana:

Thank you for contacting Fehr & Peers to assist you with the traffic engineering design services for East Main Street / Northbound State Route 99 (SR 99) intersection project. This scope of work is prepared for preparing a traffic study for the Main Street / SR 99 interchange that includes both the Northbound and Southbound ramp terminal intersections in addition to the closely spaced E. Main Street/Oak Avenue /South Parallel Avenue intersection.

This revised scope of work serves to replace our scope of work in our existing contract that includes preparing signal design and review of pavement delineation and sign PS&E at East Main Street/State Route 99 Northbound Ramps; the traffic study will inform intersection improvements at the study intersections described in Task 1.1 for improved operations and reduction in cut-through traffic experienced in Ripon as a result of congestion on southbound SR 99 from the Stanislaus River bridge extending back to the SR 99 / SR 120 freeway-to-freeway interchange and eastbound State Route 120.

Our detailed scope of work is included in Exhibit A. Fehr & Peers will perform this work on a time-andmaterials basis for a cost not-to-exceed $35,000, which includes our scope of work in Exhibit A along with our work to date on the original contract for preparing signal design at East Main Street/ State Route 99 Northbound Ramps. Invoices will be submitted monthly for services rendered and are due and payable upon receipt. Exhibit B contains our cost estimate for the traffic study in Exhibit A.

We look forward to working with you on this project. If you have any questions or comments, please contact Natalie Daugherty or me at (972) 371-0449.

Sincerely,

FEHR & PEERS
Josh Peterman, P.E., RSP1
Principal
P23-5264-RS

1.4.G.a
Packet Pg. 113 Attachment: Amendment 1_Fehr Peers [Revision 1] (3890 : First Amendment to Fehr & Peers Services Agreement) East Main Traffic Signal
July 6, 2023

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1013 Galleria Boulevard | Suite 255 | Roseville, CA 95678 | (916) 773-1900 | Fax (916) 773-2015 www.fehrandpeers.com

EXHIBIT A

SCOPE OF WORK
Task 1.1 Traffic Impact Study
Fehr & Peers will prepare a traffic study to evaluate the effects of recently completed (Starbucks), approved but not yet constructed project (Marriott Hotel), and cut-through trips on the closely spaced intersections on Main Street that serve the State Route 99 northbound and southbound ramps.

Our proposed scope of work reflects available data from the related Starbucks Coffee Store Final Traffic Impact Analysis (2018), the Traffic Assessment for the E. Main Street/SR 99 NB Ramp Intersection (2019), and our experience preparing traffic studies for the City of Ripon. This study will update the previous analysis with more recent vehicle counts and General Plan travel demand volume forecasts.

Study Intersections and Scenarios
Fehr & Peers will analyze operations at the following intersections:
• Main Street/SR-99 Southbound ramps;
• E. Main Street/SR-99 Northbound ramps; and
• E. Main Street/Oak Avenue/South Parallel Avenue.

The following scenarios will be analyzed for AM and PM peak hour conditions:
● Existing Conditions (All-Way Stop Controlled);
● Existing Plus Project Conditions (All- Way Stop Controlled or Signalized); and ● Cumulative (General Plan) Conditions (All-Way Stop Controlled or Signalized).

Study intersections will be analyzed for weekday AM and PM peak hours using procedures described in the Highway Capacity Manual 7th Edition (Transportation Research Board, 2022). HCM procedures will be applied using Synchro / SimTraffic 11 software.

Existing and Cumulative Traffic Volume Forecasts
Fehr & Peers has budgeted for two days (Wednesday and Thursday) of two-hour counts for existing 7-9 AM and 6-6 PM peak hour conditions at the study intersections. The traffic counts will include cars, trucks, pedestrians, and bicyclists.

We will coordinate with the traffic count firm (NDS) in order for local Fehr & Peers staff to conduct a site visit on the day of the counts to observe travel behavior in the project vicinity and to observe queueing for critical turn movements. We will also confirm lane configurations, posted speed limits, and observe sight distance conditions.

Existing conditions will be analyzed for the study intersections based on data collection efforts to determine level of service and inform queueing at these locations. For the Existing Plus Project scenario, Fehr & Peers will add project generated traffic from the approved but not yet constructed project (Marriott Hotel), to the existing counts to develop Existing Plus Project conditions.

1.4.G.a
Packet Pg. 114 Attachment: Amendment 1_Fehr Peers [Revision 1] (3890 : First Amendment to Fehr & Peers Services Agreement) East Main Traffic Signal
July 6, 2023

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1013 Galleria Boulevard | Suite 255 | Roseville, CA 95678 | (916) 773-1900 | Fax (916) 773-2015 www.fehrandpeers.com
The Cumulative Conditions will include projects included in the Ripon General Plan that that are included in the Three City (Ripon, Manteca, and Lathrop) that has been developed by Fehr & Peers. The Three City Travel Demand Model is a refined Cube software version of the regional Travel Demand Model that includes Existing 2018 and General Plan land uses for the City of Manteca, City of Ripon, and City of Lathrop. Future AM peak hour and PM peak hour turning movement output using the delta method will be developed using the Three City Travel Demand Forecasting Model.

Traffic Operations Analysis
Fehr & Peers will use the Synchro / SimTraffic 11 software to assess intersection operations by movement and entire intersection. Using the counts collected and the SimTraffic Model, Fehr & Peers will generate intersection performance metrics for the AM and PM Peak hours including intersection delay by movement, intersection level of service, maximum queue length, and percent vehicles served estimates for critical movements using the Highway Capacity Manual 7th Edition.

Fehr & Peers will analyze freeway ramp queueing and LOS for the following scenarios:
● Existing Conditions (All-Way Stop Controlled);
● Existing Plus Project Conditions (All- Way Stop Controlled or Signalized); and ● Cumulative (General Plan) Conditions (All-Way Stop Controlled or Signalized).

Documentation, Meetings, Schedule, and Fee
Fehr & Peers will prepare the Draft Traffic Operations Report that details traffic counts, field observations, methodology, traffic operations analysis, findings, and recommendations, within two months of receiving Notice to Proceed. If intersection control and roadway geometrics do not result in acceptable level of service and queuing operations, we will recommend additional improvements for discussion with City staff. The mitigation measure will identify the specific action necessary, responsibility for implementation, and level of significance after mitigation.

Fehr & Peers will respond to one round of consolidated comments to produce the final report. The findings of this report will be used in coordination with the City and Caltrans for resolution on the improvements and timing of improvements to traffic operations at these locations.

Fehr & Peers will attend up to two meetings during the course of this study. This may include meetings with the City of Ripon to review the study findings on Microsoft Teams, Zoom, or similar virtual platforms, or attending an in-person public hearing with the Ripon City Council. Attendance at additional meetings or public hearings would be considered additional work to be completed upon agreement of an amendment by the City and Fehr & Peers.

This scope of work can be prepared for time and materials not to exceed $31,500.

This work will be performed according to the agreed upon terms and conditions from our original contract for this project.

1.4.G.a
Packet Pg. 115 Attachment: Amendment 1_Fehr Peers [Revision 1] (3890 : First Amendment to Fehr & Peers Services Agreement) East Main Traffic Signal
July 6, 2023

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1013 Galleria Boulevard | Suite 255 | Roseville, CA 95678 | (916) 773-1900 | Fax (916) 773-2015 www.fehrandpeers.com

EXHIBIT B

COST ESTIMATE
Fehr & Peers can complete the scope of work in Tasks 1.1 on a time-and-materials basis for a fee of $31,500 as shown in the table below.

Our existing contract includes signal design and review of pavement delineation and sign PS&E to be prepared by the City for a budget of $35,000. As part of our existing contract, we had begun work on the signal design and set up the AutoCAD sheet files, and we spent $3,500 of the original budget.

This amendment replaces the original scope of work with Task 1.1 to prepare a traffic study. Task 1.1 can be completed for a fee of $31,500. Therefore, we are able to complete Task 1.1 within the original contract fee. When the traffic signal design is completed as part of a future task, the $3,500 will be deducted from the original fee of $29,575 ($35,000 minus $5,425 for review of pavement delineation and sign PS&E).

1.4.G.a
Packet Pg. 116 Attachment: Amendment 1_Fehr Peers [Revision 1] (3890 : First Amendment to Fehr & Peers Services Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/08/2023
Subject: Amend Lease of 303 and 307 W. Main Street
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the amendment to the lease of 303 and 307 W. Main Street (Holistic Synergy, LLC) extending the lease 5 years from August 31, 2023 to August 31, 2028.

BACKGROUND:

In 2012, Jennifer Kamatsu entered into a lease with the City for 303 W. Main Street. In 2017, the Lease was amended to include 307 W. Main Street, property improvements to said address and to extend the lease for 5 years. The owner of Holistic Synergy, LLC and Jennifer Kamutsu signed an Assignment and Assumption Agreement on December 15, 2022 for the Lease of 303 and 307 W. Main Street. Per the terms in the Amendment to Commercial Lease Agreement dated March 14, 2017, the lease is set to expire on August 31, 2023.

FISCAL IMPACT:

The extended lease payment is proposed to start on September 1, 2023 at $3,601 per month and increase 3 percent per year for the remainder of the lease. The revenue generated from the lease is general fund revenue.

Attachments:

1. Natural Path Amendment 2

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AMENDMENT NO. 3 TO COMMERCIAL LEASE AGREEMENT
This Amendment to Standard Industrial/Commercial Single-Tenant Lease dated October 11, 2012 (“LEASE”) is made and entered into this 8th day of August, 2023, by and between the CITY OF RIPON (“LESSOR”) and a Holistic Synergy, LLC, a California limited liability company (“LESSEE”).

1. TERM. The term of the LEASE is hereby extended by five years. Thus, the LEASE shall expire on August 31, 2028.

2. PREMISES. The LEASE will include both premises at 303 W. Main Street and the adjacent building at 307 W. Main Street located in the City of Ripon, County of San Joaquin, State of California and generally described as approximately 600 square feet of commercial space.

3. RENT FOR 303 W. MAIN STREET AND 307 W. MAIN STREET. The base rents for 303 W. Main Street as described in sections 1.5 and 1.5(A) of the LEASE and 307 W. Main Street as described in Section 3 of the Amendment to Commercial Lease Agreement dated March 14, 2017, are modified to reflect the 5-year LEASE extension as follows:
3(A). – Base Rent Schedule for 303 W. Main Street and 307 W. Main Street:

Months 131 - 142: $3,601.00 per month
Months 143 - 154: $3,709.00 per month
Months 155 - 166: $3,820.00 per month
Months 167 - 178: $3,935.00 per month
Months 179 - 190: $4,053.00 per month

4. REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amended herein, the remaining terms and conditions of the Standard Industrial/Commercial Single-Tenant Lease dated October 11, 2012, the Amendment to Commercial Lease Agreement dated March 14, 2017, and the Amendment No. 2 to Commercial Lease Agreement dated December 11, 2018 shall remain in full force and effect.

LESSOR: City of Ripon LESSEE: Holistic Synergy, LLC
A California Limited Liability Company
By:________________________ By:________________________ Michael Restuccia, Mayor Belinda J. Williamson, Owner

1.4.H.a
Packet Pg. 118 Attachment: Natural Path Amendment 2 (3944 : Amend Lease of 303 and 307 W. Main Street) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/08/2023
Subject: Annual Investment Report Review
RECOMMENDED ACTION:

Accept the City’s annual investment report for the period ending June 30, 2023.

BACKGROUND:

The following report is the City’s annual investment report for the period ending June 30, 2023.

This report summarizes:
 City’s investment policy that was adopted by the Council in 1996 and amended in 2003 and in 2023
 Average interest rate for the last 12 months
 Lists individual investments with their balances and interest rates as of the end of the period. The interest rates that are shown in the report are for the most recent 12-month period.

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 shorter-term investments 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.

In May 2023, the City added California Asset Management Program (CAMP) as a short-term investment option. Within CAMP, the City can invest in liquid funds or in term funds. Term funds have a set maturity date and interest rate, which allows the City to take advantage of higher rates on funds that are not needed as liquid funds.

The investments held at the Bank of New York have longer durations, as such, our goal is to normally not access the funds for liquidity purposes. It is not uncommon during federal

1.4.I
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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. CAMP has a shorter duration than LAIF, so in a rising interest rate market, CAMP’s returns will be higher than LAIF’s returns. However, when interest rates decrease, then LAIF and CAMP typically have lower returns than Bank of New York.

Each year, the City analyzes the amount of funds needed in the short-term to cover operating costs and projected capital costs. The remaining funds are invested in investments that provide the best chance of earning the highest return, based on actual market conditions. In August 2022, $5,000,000 was transferred from the short-term LAIF account to the longer-term Bank of New York account. In May 2023, $15,000,000 was transferred from the short-term LAIF account to CAMP for a longer TERM investment with a set rate of return of 5.43% and another $15,000,000 was transferred in June 2023 at a TERM rate of 5.63%.

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 –
06/2023
Earnings Rate of
Return
$1,135,396.65 $1,204,095.65 $68,699.00 3.05%
At the end of FY 22/23, the savings of $161,861.23 from the financing of Redevelopment bonds was transferred into the PERS Contingency fund. These dollars will be transferred into the PARS Section 115 Trust so that all PERS Contingency funds are in the 115 Trust.

Attachments:

1. Investment report for Council 06.2023

1.4.I
Packet Pg. 120
1 $5,425,783
2 $30,010,803
Liquid Funds Interest rate 5.24% at 06/30/23 $        10,803 TERM Funds $15,000,000
TERM Funds $15,000,000
3 $30,715,903
Ratings
Investments: Agency 15.1% AA+
US Corporate 26.9% A+
US Treasury 34.3% AA+
Money Market Fund 0.4% AAA
ABS 10.3% AAA
Supranational 3.4% AAA
Muni Bonds 0.8% AA‐
CMO 8.8% AAA
4 $       26,296
Interest rate 2.82% at 06/30/23
CITY OF RIPON
Investment Policy
Annual Report
July 01, 2022 ‐ June 30, 2023
The City of Ripon’s investment policy was adopted by Resolution 96‐63 on June 18, 1996 and  amended by Resolution 03‐68 on August 19, 2003 and by Resolution 23‐28 on June 13, 2023.  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.

This annual review complies with all of the elements required by California Government Code Section 53646(b).

Based upon the Treasurer’s report, the entire investment of the City of Ripon is in FULL COMPLIANCE with the 2023 City of Ripon Investment Policy and the California Government Code.

As of June 30, 2023, the City’s average interest rate for the last 12 months is 1.87%.

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

INVESTMENTS
State Treasurer ‐ LAIF ‐ (fair value basis 1.0)
CSJVRMA Pool ‐ fair value
Bank of New York (book value ‐ $31,896,620)
Interest rate 1.48% at 06/30/23
U S Treasury ‐ (fair value basis 1.0)
CAMP
Interest rate of 5.43% to mature 2/2024
Interest rate of 5.63% to mature 6/2024
Interest rate 4.56% at 06/30/23
Bank of Stockton

1.4.I.a
Packet Pg. 121 Attachment: Investment report for Council 06.2023 (3937 : Annual Investment Report Review) Investment Report
June 30, 2023

Page 2 ends

5 $             300
$             189
6 $              ‐
Total Investments $66,179,274
Lisa Roos
Water revenue bonds ‐ 2006
Respectfully Submitted,
Lisa Roos
City Clerk/Finance Director
Water revenue bonds ‐ 2012
U S Treasury ‐ (fair value basis 1.0)
Interest rate 0.00% at 06/30/23
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 U S Treasury ‐ (fair value basis 1.0)
Interest rate 5.00% at 06/30/23
U S Bank
\\rcityfs2\users\lroos\My Documents\Investment Reports\Investment report for Council.xlsx ‐ 2023.06.30

1.4.I.a
Packet Pg. 122 Attachment: Investment report for Council 06.2023 (3937 : Annual Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/08/2023
Subject: Donation
RECOMMENDED ACTION:

Accept the donation from the Johnston-Crawford family of a Valley Oak tree to be planted at Mavis Stouffer Park (donation: $250).

DISCUSSION:

The Johnston-Crawford family would like to purchase a Valley Oak tree and plant it at Mavis Stouffer Park. The Public Works Department has evaluated the general location and determined this will provide an overall benefit to the park and its visitors.

FISCAL IMPACT:

There will be no fiscal impact to the City of Ripon for this donation.

Attachments:

1. Donation Proposal

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Packet Pg. 123

1.4.J.a
Packet Pg. 124
Attachment: Donation Proposal (3953 : Donation)
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/08/2023
Subject: Licensing and Regulations of Special Events
RECOMMENDED ACTION:

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

BACKGROUND:

At the April 11, 2023 staff presented the City Council with a redlined version of the City’s special events ordinance. At that meeting, no action was taken on the first reading and introduction of the ordinance, rather the Council tabled the matter and provided feedback to staff regarding the proposed amendment.

At a special City Council meeting, held on July 26, 2023, staff provided the Council with an outline of policy decisions/discussions regarding special events within the City of Ripon. At that meeting Council provided staff with further direction regarding special event permits.

DISCUSSION/ANALYSIS:

From direction received from Council at the above two meetings, Staff is recommending the Ripon Municipal Code for special events be updated to include the following provisions:
 Only Ripon non-profit organizations and/or Ripon based businesses are eligible to apply for special event permits, with limited exceptions.
 Only developed properties within the City limits are eligible for a special events permit.

For the purposes of this ordinance, all City of Ripon regional parks are considered developed properties.
 Any special events to be held at a City Park facility, must comply with the City of Ripon’s Parks and Recreation event eligibility requirements, as approved by the City Council.
 Added provisions for special events to provide adequate plans, with conditions of

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approval under standards and conditions for special event permits. This allows the City to impose appropriate conditions of approval, up to and including security deposits, to ensure adequate resources are available to handle such events and cover any costs incurred by the City as a result of unanticipated impacts or negligence on the part of the permittee in carrying out required conditions of approval.

If the City Council agrees with staff’s recommendation, the attached ordinance has been updated for the Council’s consideration that includes the addition of section 5.40.020 which defines application eligibility requirements for special event permits. This section will limit special event permits to be eligible for Ripon non-profit organizations and/or local Ripon based businesses as defined within the code. Additionally, staff has proposed limiting special events to only “developed properties’ within City limits. Following is the proposed Ordinance recommended for first reading and introduction and attached are redline changes showing the proposed text changes to the Municipal Code and labeled “Chapter 5-40_858 Licensing and Regulations of Special Events - Redline Version”.

FISCAL IMPACT:

None.

Attachments:

1. Chapter 5-40_858 Licensing and Regulations of Special Events - Redline Version

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ORDINANCE NO.

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

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

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

Chapter 5.40

LICENSING AND REGULATIONS OF SPECIAL EVENTS
Sections:

5.40.005 Purpose and Intent

5.40.010 Special Event Defined

5.40.015 Application Eligibility

5.40.020 Prohibition

5.40.030 Application for Permit and Fee

5.40.040 Forwarding of Application to Special Event Review Committee

5.40.050 Review of Application and Action of Director of Planning Director

5.40.060 Standards and Conditions

5.40.070 Appeal to City Administrator

5.40.080 Special Provisions Applicable to Almond Blossom Festival

5.40.090 Special Provisions Applicable to Community Amphitheater Events

5.40.110 Exemptions from Application

5.40.120 Revocation

5.40.130 Suspension of Operation

5.40.140 Number of Participants

5.40.150 Advertising Where Admission is to be By Ticket

5.40.160 Permit Not Transferable

5.40.170 Effect of Zoning and Business License Provisions

5.40.180 Penalty

5.40.005 Purpose and Intent
The City Council recognizes that special events enhance the City’s lifestyle and provide benefits to area residents, visitors, and businesses through the creation of unique venues for expression, recreation, and entertainment that are not normally provided as a part of governmental services. However, the City Council also recognizes that special events, if unregulated, can have an adverse effect on the public health, safety and welfare due to noise, traffic, safety, abuse of alcohol, possible civil demonstrations and/or protestors, and health hazards.

The purpose and intent of this Chapter is to adopt reasonable regulations applicable to special events by establishing a process for permitting said special events within the City. A

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reasonable permitting process will protect the rights and interests granted to special event permit holders, ensure the health and safety of patrons, prohibit illegal activity from occurring within special event venues, minimize any adverse effects from special events, and ensure the efficient use of public and private property and City services. It is further intended to create a fair and equitable mechanism for cost recovery to the City for special events.

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

Category Two – a temporary private or public event with more than 500 people contained indoors within an existing structure not already having an assembly occupancy permit or held out of doors at one location requiring the importation of bleachers, open air tents, large equipment, portable toilets, and the like, and/or impacting public services, such as public streets, police/fire/emergency services. This definition includes events such as circuses, carnivals, business promotions, block parties, craft fairs, car shows and the like.

Category Three – a temporary private or public event held out of doors at more than one location requiring special circumstances i.e., amplified sound, road closure, trash containers, etc. and/or impacting police/fire/emergency services. This definition includes the annual Almond Blossom Festival as defined in Section 5.40.080, a Community Amphitheater Event as defined in Section 5.40.090, Main Street Day, and any parade, music or dance festival, cultural or civic festival, and running or cycling event, or similar activity.

5.40.015 Application Eligibility
A. Only Ripon non-profit organizations and/or Ripon based businesses (meaning businesses which are located within the current City limits and have a Ripon business license) are eligible to apply for a Special Events permit, with the exception of non-profit organizations or businesses that are not located within Ripon city limits, but were previously approved for a special event permit between the years of August 2018 and August 2023. These events may continue to apply for a special event permit for as long as the same applicant is listed on the application.

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

Developed properties shall mean properties that have paid their development fees to the City for use of their property and have been improved with permanent infrastructure. For the purpose of this ordinance, all City of Ripon regional parks (Community Center Park, Stouffer Park and Mistlin Sports Park) are considered developed properties.

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C. Any Special Event to be held at a City Park facility, must comply with the City of Ripon’s Parks and Recreation event eligibility requirements, as approved by the City Council.

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

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

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

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

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

2. Deny the issuance of the permit;

3. If the permit application is approved, the Director shall set conditions which must be met and/or security that such conditions shall be met prior to the issuance of the permit. The Director shall promptly give written notice of the decision to the applicant by mailing such notice to the mailing address submitted on the application.

If the application is denied, the notice shall specify the reasons for such denial.

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

5.40.060 Standards and Conditions
No permit shall be granted unless the Planning Director finds and determines that the applicant has proposed an appropriate plan, with conditions of approval, to provide the necessary protection for the health, safety and general welfare of persons and property in the City, including spectators and participants, the City of Ripon itself, and owners of property adjoining the special event site. The Director must also find that adequate public safety resources and/or

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personnel are available to provide first response to public safety incidents which may arise during the event. The applicant shall certify with signature on the application that the conditions and terms, as specified on the application, have been read and agreed upon.

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

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

C. The City Administrator shall consider the documentary and testimonial evidence of witnesses presented at the hearing, including all reports of investigation submitted to the Planning Director pursuant to Section 5.40.040 hereof. The City Administrator may modify or reverse the decision of the Planning Director, or the portion thereof from which the appeal is made, only if he/she finds that there is no substantial evidence to justify such decision or portion thereof, provided, however, that the City Administrator shall not waive any mandatory requirement of this Chapter.

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

5.40.080 Special Provisions Applicable to Almond Blossom Festival The Ripon Chamber of Commerce is authorized as the exclusive operator of the annual Ripon Almond Blossom Festival. In coordinating and operating the annual Ripon Almond Blossom Festival, the Ripon Chamber of Commerce shall be subject to the provisions of this Chapter, except that the City Administrator may, in his discretion, waive or modify some or all of the requirements of Section 5.40.060. In addition, the Ripon Chamber of Commerce shall be given authority to issue temporary vending permits to vendors of food and other goods during the Ripon Almond Blossom Festival. It shall be unlawful for any vendor of food or other goods (other than businesses licensed and existing within the City) to conduct any vending activities during the annual Almond Blossom Festival within the boundaries of the Mistlin Sports Park, the Community Center and Veteran’s Park, or within 100 feet of the Almond Blossom Festival Parade Route, or on any property specified in any permit issued pursuant to this Chapter, without first obtaining a temporary vending permit from the Ripon Chamber of Commerce. The Chamber of Commerce shall have the responsibility, with the cooperation of the Ripon Police Department, as available, for enforcement of the temporary vending permit requirements of this subsection. The Chamber of Commerce may charge a reasonable processing fee in connection with the issuance of temporary vending permits pursuant to this Chapter. The City shall incur no

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liability in connection with the issuance of temporary vending permits by the Chamber of Commerce.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.40.180 Penalty
Any person violating any provision of this Chapter shall be guilty of an infraction, and may be prosecuted pursuant to the infraction provisions set forth in the Ripon Municipal Code Chapter 1.08. In the alternative, the Administrative Adjudication provisions of Ripon Municipal Code Chapter 1.12 may be utilized.

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

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

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

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

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

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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of August, 2023, by the following vote:

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

By: ___________________________
LISA ROOS, City Clerk

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Redline Version 5.40.120
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Chapter 5.40

LICENSING AND REGULATIONS OF SPECIAL EVENTS
Sections:

5.40.005 Purpose and Intent

5.40.010 Special Event Defined

5.40.015 Application Eligibility.

5.40.020 Prohibition.

5.40.030 Application for PermitLicense and Fee.

5.40.040 Forwarding of Application to Special Event Review Committee.

5.40.050 Review of Application and Action of Director of Planning Directorand Community Development.

5.40.060 Standards and Conditions.

5.40.070 Appeal to City Administrator.

5.40.080 Special Provisions Applicable to Almond Blossom Festival.

5.40.090 Special Provisions Applicable to Community Amphitheater Events.

5.40.100 Intentionally Deleted.

5.40.110 Exemptions from Application.

5.40.120 Revocation.

5.40.130 Suspension of Operation.

5.40.140 Number of Participants.

5.40.150 Advertising Where Admission is to be By Ticket.

5.40.160 PermitLicense Not Transferable.

5.40.170 Effect of Zoning and Business License Provisions.

5.40.180 Penalty.

The purpose and intent of this Chapter is to adopt reasonable regulations applicable to special events by establishing a process for permitting said special events within the City. A reasonable permitting process will protect the rights and interests granted to special event permit holders, ensure the health and safety of patrons, prohibit illegal activity from occurring within special event venues, minimize any adverse effects from special events, and ensure the efficient use of public and private property and City services. It is further intended to create a fair and equitable mechanism for cost recovery to the City for special events.

5.40.010 Special Event Defined.
“Special Event” means any temporary event, gathering or organized activity on public or private property that, due to the anticipated amount of attendees or the nature of the event, is not

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compatible with the generally intended use of the property for which it was approved. Special Events fall into one of three categories::

Category One – a temporary private or public event with less than 500 people contained indoors within an existing structure not already having an assembly occupancy permit or held out of doors on one site impacting such things as public services, police/fire/emergency services, street closure, sanitation, and/or requiring the importation of such things as bleachers and portable toilets and requiring special circumstances, i.e., extra security, amplified sound, vendors, etc. Included in this definition are Halloween haunted houses, craft fairs, and the like, and block parties, business promotionals and the like. Exempt from this definition are private family events such as weddings, special parties, family reunions, and the like which are held at the family residential property.; Category Two – a temporary private or public event with more than 500 people contained indoors within an existing structure not already having an assembly occupancy permit or held out of doors at one location requiring the importation of bleachers, open air tents, large equipment, portable toilets, and the like, and/or impacting public services, such as public streets, police/fire/ emergency services. This definition includes events such as circuses, carnivals, business promotionals, block parties, craft fairs, car shows and the like.; Category Three – a temporary private or public event held out of doors at more than one location requiring special circumstances i.e., amplified sound, road closure, trash containers, etc. and/or impacting police/fire/emergency services. This definition includes the annual Almond Blossom Festival as defined in Section 5.40.080, a Community Amphitheater Event as defined in Section 5.40.090, , Main Street Day, and any parade, music or dance festival, cultural or civic festival, and running or cycling event, or similar activity.

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

C. Any Special Event to be held at a City Park facility, must comply with the City of Ripon’s Parks and Recreation event eligibility requirements, as approved by the City Council..

5.40.020 Prohibition.

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

5.40.030 Application for PermitLicense and Fee.

Application for a permitlicense to conduct a special event shall be made at least 60 days before an event in writing to and on forms prepared by the City of Ripon Planning

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Department.irector and/or his/her designee The appropriate application shall be accompanied by a nonrefundable application fee as identified in the City of Ripon Planning Department Fee Schedule, and indexed annually by the Consumer Price Index, and shall include all of the information submittal requirements as specified on the appropriate special event application form.

5.40.040 Forwarding of Application to the Special Event Review Committee.

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

5.40.050 Review of Application and Action by Planning Director.

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

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

2. Deny the issuance of the permitlicense;

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

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

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

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

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

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

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

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

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

8. Any felony offense.

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

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

5.40.060 Standards and Conditions.

No permitlicense shall be granted unless the Planning Director finds and determines that the applicant has proposed an appropriate plan, with conditions of approval, to adopted a program and plans which he has the reasonable capability of carrying out which provide the necessary protection for the health, safety and general welfare of persons and property in the City, including spectators and participants, the City of Ripon itself, and owners of property adjoining the special event site. The Director must also find that adequate public safety resources and/or personnel are available to provide first response to public safety incidents which may arise during the event.

The, which are applicable to and listed on the appropriate special event application form. aApplicant shall certify with signature on the application that these conditions and terms, as specified on the application, have been read and agreed upon.

5.40.070 Appeal to City Administrator.

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

C. The City Administrator shall consider the documentary and testimonial evidence of witnesses presented at the hearing, including all reports of investigation submitted to the Planning Director pursuant to Section 5.40.040 hereof. The City Administrator may modify or reverse the decision of the Planning Director, or the portion thereof from which the appeal is made, only if he/sheit finds that there is no substantial evidence to justify such decision or portion thereof, provided, however, that the City Administrator shall not waive any mandatory requirement of this Chapter.Part.

5.40.080 Special Provisions Applicable to Almond Blossom Festival.

The Ripon Chamber of Commerce is authorized as the exclusive operator of the annual Ripon Almond Blossom Festival. In coordinating and operating the annual Ripon Almond Blossom Festival, the Ripon Chamber of Commerce shall be subject to the provisions of this Chapter, except that the City Administrator may, in his discretion, waive or modify some or all of the requirements of Section 5.40.060. In addition, the Ripon Chamber of Commerce shall be given

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

5.40.090 Special Provisions Applicable to Community Amphitheater Events.

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

A. Event Scheduling. No event shall be scheduled at the Community Amphitheater simultaneous with, combined with, or in conjunction with, any other previously scheduled event within the boundaries of the Mistlin Sports Parkwithout the express written consent of the City Administrator. Such determination will be based on impacts and/or concerns regarding other concurrent events and/or activities taking place within the boundaries of the Mistlin Sports Park.if, in the discretion of the City Administrator/or his/her designee, The City Administrator and/or his/her designee will assist applicants in determining the availability of the Community Amphitheater for events that do not interfere with other scheduled events.

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

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

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

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

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

5.40.100 Intentionally Omitted.

5.40.110 Exemptions from Application.

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

5.40.120 Revocation.

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

A. The permittlicensee fails, neglects or refusesto fulfill any of the conditions imposed upon the granting of a permitlicense.

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

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

D. The licenspermittee violates, or attempts to violate, any law of the State and/or the provisions of this ChapterPart and/or any other ordinance of the City.

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

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

5.40.130 Suspension of Operation.

The Chief of Police may suspend operation and close any special event prior to the expiration of the permitlicense granted under the provisions of this Chapter in the event of the

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occurrence of a riot, major disorder, or serious breach of the peace when, in his/her opinion, it becomes necessary to prevent injury to person or persons and/or damage of property.

5.40.140 Number of Participants.

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

5.40.150 Advertising Where Admission is to be By Ticket.

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

5.40.160 PermitLicense Not Transferable.

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

5.40.170 Effect of Zoning and Business License Provisions.

The use of land for a special event shall not be deemed to be in violation of any provisions of the Ripon Municipal Code restricting the use of land during such time as a permitlicense granted pursuant to this Chapter shall be in effect.

5.40.180 Penalty.

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

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

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259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/08/2023
Subject: Recreational Vehicle Storage Amendment
RECOMMENDED ACTION: This ordinance amends Chapter 16.12, entitled “Definitions and Use Classification Systems” and Table 16.24.1, entitled “Uses in Industrial Districts”.

BACKGROUND: The current Ripon Municipal Code allows for Recreational Vehicle Storage in the following zones:
 C2 (Community Commercial) with a Major Site Plan Permit  C2R (Regional Commercial) with a Major Site Plan Permit  C4 (Highway Service) with a Major Site Plan Permit
 M1 (Light Industrial) with a Major Site Plan Permit
 MU (Mixed Use) with a Conditional Use Permit
In August of 2022, the Planning Commission approved a mini-storage project on E. Fourth Street in the M2 (Heavy Industrial) district. The applicant at the time of submittal inquired about the feasibility of Recreational Vehicle Storage in conjunction with the mini-storage project. At the time, staff informed the applicant that the Ripon Municipal Code does not allow for Recreational Vehicle Storage in the heavy industrial district. The applicant chose to move forward with the mini-storage project regardless, and their proposal was approved on a 5-0 vote. To date, the applicant/developer has submitted plans and is about to pull permits to start construction on the project.

DISCUSSION/ANALYSIS: In March of 2023, Staff received an application for a zoning text amendment from the mini-storage developer requesting that Recreational Vehicle Storage be allowed in the Heavy Industrial district. The applicant has indicated that they intend to store any and all recreational vehicles that may be allowed on their site indoors.

Staff has analyzed and researched their request and believe that Recreational Vehicle Storage could be allowed in the Heavy Industrial district and all the other above listed districts with certain parameters. Whether a site is developed solely as a Recreational Vehicle Storage facility or as a mini-storage that allows it as an ancillary use, staff believes that parameters should be put

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into place that limits the lot coverage, which would include outdoor RV storage, to that of the underlying zoning district.

For example in the Heavy Industrial district, maximum building coverage percentages for a site equals 50%. RV storage, whether indoor or outdoor, would count towards that maximum lot coverage. Adhering to the City’s defined lot coverage percentages per zoning district prevents sites from over-crowding a site with RV storage that would affect public safety responses to a site.

In order to facilitate this standard, staff is recommending adding a Recreational Vehicle Storage definition to the City’s Use Classification System ordinance (Chapter 16.12) outlining the parameters of such uses within the City.

The proposed amendment to Chapter 16.12 “Definitions and Use Classification Systems” and Table 16.24.1 “Uses in Industrial Districts” will amend this section of the Municipal Code to allow for recreational vehicle storage in the heavy industrial district. There are no changes from first reading to second reading. Following is the proposed Ordinance recommended for second reading and adoption.

FISCAL IMPACT: N/A
Attachments:

1. 16-12 - Use Classification System - redlined

2. 16-24.1 Industrial Uses table - redlined

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ORDINANCE NO. 921

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 16.12 - DEFINITIONS AND
USE CLASSIFICATION SYSTEMS AND TABLE 16.24.1 OF
CHAPTER 16.24 - INDUSTRIAL DISTRICTS OF THE RIPON

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

SECTION 1. AMENDMENT OF CODE. Chapter 16.12 of the Ripon Municipal Code is hereby amended, in part, as follows:

1. Section 16.12.040 is amended to add the following definition:
“RECREATIONAL VEHICLE STORAGE FACILITY”. A commercial
development which provides fenced or indoor, secure, onsite storage of more than three (3) recreational vehicles, boats and all-terrain vehicles. The storage of recreational vehicles on a site shall not exceed the maximum lot area building coverage percent for the district, regardless of whether the storage is indoors or outdoors. For outdoor storage, the building coverage percentage shall be calculated by the parking space size.

2. Table 16.24.1 “Uses in Industrial Districts” is hereby amended to read in full as attached hereto as Exhibit “A”.

SECTION 2. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.

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

SECTION 4. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of August, 2023, by the following vote:

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

By: ___________________________
LISA ROOS, City Clerk

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16.12.010
Chapter 16.12

DEFINITIONS AND USE CLASSIFICATION SYSTEMS
Sections:

16.12.010 Purpose.

16.12.020 Classification Rules.

16.12.030 Authority and Responsibility.

16.12.040 Definitions and Use Types

16.12.010 Purpose.

Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may be within the classification. The purpose of this Chapter is to classify uses according to a limited number of uses based on common functional, product or compatibility characteristics, by providing a basis for the regulation of uses according to criteria that are directly relevant to the public health, safety, and general welfare. The classifications will apply throughout the Title. (Ord. 606, 1999)

16.12.020 Classification Rules.

All uses will be classified according to the use types described in this Chapter. The classifications will comply with the provisions of this Chapter.

A. TYPES OF USES REGULATED. Only principal uses are included within the Use Classification System. Accessory uses and temporary uses are regulated by the use regulations for each zoning district.

B. TYPICAL USES WITHIN USE TYPES. The description of the use types in this Chapter often contains typical uses classified within that use type. These typical uses are examples and are not meant to include all uses that may properly be classified with the use type.

C. CLASSIFYING NEW USES. New uses will be classified into use types based on the description of the use types and upon characteristics similar to other uses already classified within this type, subject to the applicable provisions of this Section. (Ord. 606, 1999)

16.12.030 Authority and Responsibility.

The Director shall have the authority and responsibilities with respect to the Use Classification System.

A. CLASSIFY USES. The Director shall have the authority to classify uses according to use type or to decide that a use does not fit under any use type and, therefore, is not permitted.

B. LIST OF USES. The Director shall develop and maintain an administrative list of common uses and the use types into which they are classified.

C. PROCEDURE. The classification of a use is an administrative decision without notice and hearing, except that an application can appeal the Director’s decision according to Section 16.08.060. (Ord. 606, 1999)

16.12.040 Definitions and Use Types
ABANDONED. To cease or suspend from developing or maintaining a building or use for a stated period of time.

ABANDONED ACTIVITY. A business or activity with no reported sales activity for at least 180 days.

Exceptions are temporary closures for repairs, alterations, or other similar situations.

ABUTTING (adjacent). Two or more parcels sharing a common boundary, of at least one point.

ACCESS. Safe, adequate, and usable ingress or egress to a property or use.

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ACCESS RESTRICTION. That right of access to a parcel has been dedicated to the City and that, as a consequence, a property owner no longer has a right to go to and from his/her property over that right-of-way line.

ACCESSORY BUILDING OR STRUCTURE. A structure, detached from the principal structure on the same lot, incidental to the principal building, not designed for permanent human habitation, and may include conditioned space. The term “Accessory Building or Structure” includes sheds, detached garages, workshops, tool and storage buildings over one hundred twenty (120) square feet, recreation rooms and pool houses.

ACCESSORY DWELLING UNIT. An accessory dwelling unit shall mean an attached or detached residential unit, which provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-family dwelling unit. An accessory dwelling unit also includes the following:
a. An efficiency unit as defined in Section 17958.1 of the Health and Safety Code. b. A manufactured home as defined in Section 18007 of the Health and Safety Code.

ACTION. The decision made by a review authority on a land use application, including appropriate findings, environmental determination and conditions of approval, where applicable.

ADULT BUSINESSES. Establishments or places of business primarily engaged in an adult oriented type of business. For further explanations and requirements for adult-oriented businesses see Chapter 16.110. The following are categories of this use type:
a. Adult Book Store: An adult bookstore includes any commercial establishment, vending machine, dispenser, booth, cart or other stand alone unit that has more than twenty-five (25%) percent of its merchandise (as measured by cost of inventory, retail floor area, retail value, or gross revenue) in books, magazines, photographs, paraphernalia, drawings, motion pictures, video tapes, films, or other audio or visual representations, which describe or depict sexual intercourse, fellatio, cunnilingus, bestiality, sodomy, sadomasochism, or other sexual conduct.
b. Adult Entertainment Center: An adult entertainment center includes any commercial establishment, vending machine, dispenser, booth, cart or other stand alone unit that shows or provides films, or displays them on a viewer, screen, or television set, more than twenty-five (25%) percent of which depict, describe, or relate to sexual intercourse, cunnilingus, bestiality, sodomy, sadomasochism, or other sexual conduct; or any commercial establishment that provides live entertainment wherein the entertainers perform partially or totally nude.

AFFORDABLE HOUSING. That housing which can be rented or purchased by those of moderate, low and very low incomes as specified in the California Code of Regulations (Title 25, Sections 6922 and 6924).

AGRICULTURE. The use of land for farming, dairying, pasturing and grazing, horticulture, floriculture, viticulture, apiaries, animal and poultry husbandry, and accessory activities, including but not limited to storage, harvesting, feeding or maintenance of equipment excluding stockyards, slaughtering or commercial processing.

AMBIENT NOISE LEVEL. The background noise level always present when isolated, identifiable sources are absent.

AMBULANCE SERVICES. Provision of emergency medical transportation vehicles, including incidental office services, and storage and maintenance of vehicles.

ANIMAL BOARDING SERVICES. Establishments providing shelter and care for small domestic animals on a commercial basis. Activities of this use type include feeding, exercising, grooming and incidental medical care.

The facility shall be located at least 300 feet away from any residentially zoned district if any operations and/or boarding of animals is not conducted within an entirely enclosed and soundproofed building.

ANIMAL GROOMING SERVICES. Establishments focusing primarily on bathing and trimming services for small animals on a commercial basis, and includes indoor boarding of domestic animals for a maximum period of forty-eight (48) hours.

ALLEY. A public or private way, at the rear or side of property, permanently reserved as a supplementary means of vehicular or pedestrian access to abutting property.

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ALTERATION. Any construction or physical change in the internal arrangement of rooms or supporting members of a building or structure, or change in appearance of any building or structure.

ANCILLARY USE. A use incidental to and customarily associated with a specific principal use, located on the same lot or parcel, including, but not limited to, massage therapy/spa, body art and kennels or boarding of pets.

ANTENNA. A device for transmitting or receiving radio, television, or any other transmitted signal.

APARTMENT, MULTI-FAMILY. The part of a structure designed and used for occupancy by two or more individual persons or families living independently of each other, including duplex, triplex, fourplex, and other multi-unit designs.

APPLICANT. The owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Title, or their agents.

AREA OF BENEFIT. A geographical area created to spread the cost of a service or improvements. An area of benefit is also sometimes referred to as a “Local Benefit District”.

ASSEMBLY/LIGHT MANUFACTURING. An establishment engaged in assembly and/or light manufacturing activities that use moderate amounts of partially processed materials to produce items of relatively high value per unit weight, such as consumer electronics, small household items, etc.

ATTACHED. Any structure that has an interior wall or roof in common with another structure.

AUTO/TRUCK TRAVEL PLAZA. Minor servicing and washing of trucks, retail sales of fuel and auto/truck accessories, restaurants, convenience market and overnight accommodations available for truck crews.

AUTO SALES LOT. An open area used for the display, sale, rental or consignment of new or used automobiles, vans or small trucks.

BANQUET FACILITY. A function hall, reception hall or banquet hall is a room or building for the purpose of hosting a party, banquet, wedding or other reception or other social event.

BAR/TAVERN. A drinking establishment whose primary function is the serving of alcoholic beverages for consumption on the premises.

BARN. A building used especially for storing hay and grain and for housing livestock or farm equipment.

BASEMENT. A story partly or completely under-ground. A basement shall be counted as a story for purposes of height measurement where any portion of a basement has more than one half its height above average finished ground level.

BED AND BREAKFAST INN. A transit lodging establishment primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals to the extent otherwise permitted by law.

BIKEWAY. An area, either within or outside the right-of-way of a dedicated street, where bicycle travel is the designated use. ABikeway@ includes bike paths and bike lanes.

BLOCK. A parcel of land surrounded by public streets, highways, freeways, railroad rights-of way, flood control channels, creeks, washes, rivers, or un-subdivided acreage or any combination thereof.

BOARDING HOUSE. A structure where lodging and meals for five or more boarders is provided for compensation.

BUILDING. Any structure having a roof supported by columns or walls.

BUILDING AREA. The net portion of the lot remaining after deducting all required setbacks from the gross area of the lot.

BUILDING COVERAGE (Lot Coverage). The percent of lot area that may be covered by buildings or structures on a lot.

BUILDING HEIGHT. The vertical distance from the pad grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a sloping roof.

BUILDING, MAIN. A building in which the principal use is conducted.

BUILDING SITE. The ground area occupied or to be occupied by a building or group of buildings with all of the open spaces required by this Title.

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CARPORT. A permanent roofed structure not completely enclosed to be used for vehicle parking.

CARETAKER RESIDENCE. Complete independent living facility used only by an individual whose presence on the property is necessary for the operation of the business and/or to prevent vandalism, pilferage, damage, or destruction of property, structures or equipment on the same parcel.

CARGO CONTAINERS. A standardized, reusable vessel a maximum of forty feet (40’) in length, eight feet (8’) in width and eight feet, six inches (8’-6”) in height that is or appears to be: 1) Originally, specifically or formerly designed for or used in the parking, shipping, movement, transportation or storage of freight, articles, goods or commodities; or 2) Designed for or capable of being mounted or moved on a rail car; or 3) Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

CATERING SERVICE. Preparation of food and beverages for off-site consumption.

CEMETERY. Services or grounds involving the keeping of bodies below ground on cemetery grounds and the incidental provision of interring, undertaking, and crematory services on said cemetery grounds.

CHILD CARE CENTERS. Child day-care services for fifteen (15) or more children. Typical uses include child care centers, preschools, and day nurseries.

CHURCHES. Structures and grounds used for religious worship and incidental religious education, but not including private schools.

CITY. The City of Ripon.

CITY COUNCIL. The City Council of the City of Ripon.

CLUB. An association of persons, whether or not incorporated, organized for some common purpose, but not including a group organized primarily to render a service customarily carried on as a business.

CLUBS AND LODGES. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use of members or guests. This use type includes union halls, social clubs and centers for youths or seniors.

COMMERCIAL RECREATION AND ENTERTAINMENT. Provision of participant and/or spectator recreation or entertainment. The use types include theaters, sports venues and stadiums, race tracks, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, golf courses, miniature golf courses, scale model courses, shooting galleries, tennis/ racquetball courts, health/fitness clubs, pinball arcades, or electronic games centers having eight (8) or more coin operated game machines.

COMMERCIAL VEHICLE. A vehicle customarily used as apart of a business for transportation of goods or people.

COMMISSION. The Planning Commission of the City of Ripon.

COMMUNICATION FACILITIES. Broadcasting, recording, and other communication through electronic or telephonic mechanisms. The use types include radio, television or recording studies, and telephone switching centers.

COMMUNITY CENTERS. Special purpose facilities which includes uses such as senior centers, boy and girls clubs and community centers.

CONDOMINIUM. A development consisting of an undivided interest in common for part of a parcel coupled with separate interest in space in a residential or commercial building on the parcel.

CONFERENCE CENTER. Specialized hotels designated and built almost exclusively to host conferences, exhibitions, large meetings, seminars, training sessions, etc. A conference center often also provides office facilities, and a range of leisure activities.

CONVALESCENT FACILITIES. Establishments providing twenty-four (24) hour care for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.

CONVENIENCE MARKET. A small grocery store, selling a limited variety of food and nonfood products, typically with extended hours and conveniently located to service a variety of customers. Does not include stores whose primary focus is the sale of liquor.

COOP. A covered enclosure for housing fowl, as defined in RMC, Title 6.

COPING. The top layer of a wall.

COTTAGE FOOD OPERATION. A business operated by a person who produces or packages non2.B.a Packet Pg. 149 Attachment: 16-12 - Use Classification System - redlined (921 : Recreational Vehicle Storage Amendment) Redline Version

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potentially hazardous food in a kitchen located in the person’s primary domestic residence or another appropriately equipped residential or commercial style kitchen on that property.

COUNCIL. The City Council of the City of Ripon.

COUNTY. The County of San Joaquin, hereafter referred to as ACounty.@ COURT. An open, unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by the walls of a building.

CREMATORY. An establishment involving the reduction of human body to ashes by burning.

CUSTOM MANUFACTURING. Uses in this category are typically the on-site production of goods by hand manufacturing or artistic endeavor that involves only the use of hand tools or small mechanical equipment, the incidental sale of these goods directly to consumers. Usual uses include ceramic studios, candle making shops, custom jewelry manufactures, and like uses.

DAYS. Days are based on calendar days, except where otherwise noted.

DELICATESSEN. An establishment selling foods already prepared or requiring little preparation for serving, as cooked meats, cheese, salad, and the like.

DENSITY BONUS. An increase in residential units over the maximum number of normally allowed units within a residential General Plan designation.

DETENTION FACILITIES. Publicly owned and operated facilities providing housing, care and supervision of persons confined by law.

DEVELOPER. Any person or persons, partnership, firm, corporation, or other business entity financially responsible for the work involved on a given project, either direct or through the services of any employee, agent, or independent contractor.

DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining , excavation, landfill, or land disturbance; and any use or extension of the use of the land; and any activity requiring a permit, excluding maintenance.

DEVELOPMENT PROJECT. Any project for which a discretionary permit is required, excluding General Plan amendments, ordinance text changes, re-zonings, Specific Plans and Specific Plan amendments.

DEVIATION. A “deviation” is a limited waiver of zoning standards on property being proposed for subdivision.

DIRECTOR. The Director of Planning, hereafter referred to as Director or designee.

DISCRETIONARY PERMIT. Any permit required before the development or use of real property can proceed, that the City Council, Planning Commission or Staff may approve, deny or approve subject to conditions. Discretionary permits include, but are not limited to, major and minor subdivisions, use permits, variances, zone district reclassifications and site plan reviews.

DRIVE-THROUGH SERVICE. Feature or characteristic of a use involving sales of products or provision of services to occupants in waiting vehicles, including drive-in or drive-up windows. Allowance of drivethrough services in some zones shall be as determined by the Director.

DUPLEX. A house or residential unit designed to contain two units, typically sharing a common wall on a single residential parcel.

DWELLING GROUP. A group or row of detached or semidetached dwellings occupying a parcel of land in one ownership and having a yard or court in common, including bungalow courts, but not including recreational vehicle parks or lots with accessory dwelling units.

DWELLING, MULTIPLE. A building occupied as a residence by three or more families living independently of each other, including apartment buildings or courts but not including recreational vehicle parks.

DWELLING, SINGLE-FAMILY. A detached or attached building occupied by one family.

DWELLING, TWO-FAMILY. A building occupied by two families exclusively, living independently.

EMERGENCY SHELTER. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

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EQUESTRIAN CENTER. A full service facility providing boarding services, training and show facilities, and riding lessons for equestrians.

FAMILY. An individual, or two (2) or more persons related by blood, marriage or legal adoption, or a group of not more than five (5) persons, who are not so related, living together as a single housekeeping unit.

FAMILY DAY CARE, ADULT. Non-medical care and supervision of six (6) or fewer persons on a less than twenty-four (24) hour basis.

FAMILY DAY CARE, CHILD. Child day-care services in a residence which provide care for fourteen (14) or fewer children, including children who reside at the residence.

FENCE. A wall or barrier constructed of boards, masonry, wire, or any other material for the purpose of enclosing space or separating parcels of land. The term Afence@ does not include retaining walls but does include fence gates and gateposts.

FENCE HEIGHT. The height of any fence as determined by measurement from the natural or finished grade at the lowest side of the fence. If a fence is proposed to be built on top of an earthen berm or other landscape feature, the maximum fence height shall include the height of the berm or landscape feature.

FINISH GRADE. The final elevation of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

FINAL MAP. A map or recording instrument for a subdivision of land. The final map must be in substantial compliance with an approved tentative map. A final map must be filed with the County Recorder.

FOOD ESTABLISHMENTS – FAST FOOD SERVICE ESTABLISHMENTS. A business which sells food prepared indoors in a standardized method and can be dispensed quickly. Operating criteria to define a fast food service establishment include some or all of the following:
provides take-out counter space and space for customer queue; items are ordered from posted menus or in line and prepared for immediate consumption on- or off-site; food is served in edible or disposable containers with disposable flatware; and may include an indoor seating area. Examples of Fast Food Service Establishments include but are not limited to: McDonald’s, Jack-In-the-Box, Burger King, KFC, Taco Bell, etc.

FOOD ESTABLISHMENTS – FULL SERVICE RESTAURANT. A business which sells food prepared indoors on the same premise with a full menu and provides indoor and sometimes outdoor seating areas. Such businesses may provide for the sale of alcoholic beverages as an accessory and secondary use. Operating criteria to define a full service food establishment include most or all of the following: served by waiters to seated customers and where payment is made at the end of the meal; and presence of a full commercial kitchen and commercial dishwasher.

FOOD ESTABLISHMENTS – LIMITED FOOD SERVICE. A business which sells food which is ready to eat such as sandwiches, frozen desserts or beverages served in edible, plastic, or disposable containers.

Operating criteria to define a limited food service include some or all of the following: commercial kitchen; commercial dishwasher; take-out food service; and may include an indoor seating area. Examples include cafes, take-and-bake pizza, yogurt, etc.

FREIGHT DELIVERY. The delivery of goods made by commercial freight haulers.

FRONTAGE. That side of a lot which abuts a public road, or waterway if so specified.

FRONTAGE, PRIMARY. That side of a lot abutting a street where the main building entrance is located and in the general direction in which the principal building faces.

FRONTAGE, SECONDARY. That side of a lot abutting a street which is to the side or in the opposite direction from which the principal building faces.

GARAGE. An enclosed building, or portion of an enclosed building used for the parking of vehicles. For Detached Garages see Chapter 16.140 section 16.140.030 (Accessory Buildings/Structures) for specific requirements.

GARAGE & YARD SALE. The sale of personal possessions and household articles incidentally accumulated during normal residential use of the property on which the sale is held.

GENERAL PLAN. The City of Ripon General Plan as adopted by the City Council, which may be amended from time to time.

GOVERNMENT OFFICES. Administrative, clerical or public contact offices of a government agency,

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including postal facilities, with incidental storage and maintenance of vehicles.

GRADE. The degree of rise or descent of a sloping surface.

GROUP CARE FACILITY. LARGE. A facility authorized, certified, and licensed by the State of California to provide non-medical residential care and supervision for seven (7) or more persons, on a 24 houra-day basis to either mentally disordered or otherwise disabled persons, to dependent and neglected children or to aged individuals.

GROUP CARE FACILITY. SMALL. A facility authorized, certified, and licensed by the State of California to provide non-medical residential care and supervision for six (6) or fewer persons, on a 24 hour-aday basis to either mentally disordered or otherwise disabled persons, to dependent and neglected children or to aged individuals.

GROUP RESIDENTIAL. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, fraternities, sororities, and private residential clubs.

GUEST HOUSE. Living quarters, having no permanent kitchen facilities, located on a lot with a main building and occupied for the sole temporary use of members of the family or guests and not rented or leased, or used as a separate dwelling. The term “Guest House” does not include “Accessory Unit Dwellings”, as defined in Chapter 16.86.

HAZARDOUS MATERIAL INDUSTRIAL. The manufacture, fabrication, processing, packaging and treatment, or storage of chemicals and chemical products that are considered as hazardous materials and could potentially pose a threat to the community if handled inappropriately.

HEAVY INDUSTRIAL. Production process that should not be near residential or commercial uses due to the intensive nature of the industrial activity or its scale of operation. These uses can be located near other similar manufacturing uses although special control measures may still be required of some extremely intensive operations to ensure compatibility with similar industrial uses. Typical uses include food processing and packaging, laundry and dry cleaning plants, motor vehicle assembly, sawmills, textile dyeing, leather tanning and chemical production.

HELIPORTS. Pads and facilities enabling takeoffs and landings by helicopters.

HIGH DENSITY RESIDENTIAL. Residential development with densities ranging from 16 to 22 units per gross acres. This designation permits a range of housing types, including single family attached and detached and multi-family developments, and is intended for specific areas where higher density is appropriate.

HIGH TECHNOLOGY. Establishments directed at research, development, and controlled production of high-tech electronic, industrial, or scientific products. Typical uses include biotechnology firms and computer component manufacturers.

HISTORIC RESOURCE. Any object, building, structure, site, area, or place which is historically or archaeologically significant, or which is significant in the aesthetic, architectural, cultural, engineering, scientific, economic, agricultural, educational, social, political, or military annuals of the state, county, or community.

HISTORIC DISTRICT. An integrated group of structures or an area which holds special historical interest or value.

HISTORICALLY SIGNIFICANT. Any site, structure, or district which holds special historical interest or value as part of the culture or heritage characteristic of the nation, state, county or community, including registered National or State Landmarks, items registered or eligible for listing on the National Register of Historical Places, and resources of local historical significance.

HOME OCCUPATION. Any occupation, conducted in compliance with Chapter 16.88, Home Occupation that is customarily or ordinarily conducted within a dwelling. The home occupation must be clearly incidental and secondary to the use of the dwelling as a dwelling and cannot change the residential character or design of the dwelling.

HOSPITAL. Facilities providing medical, surgical, psychiatric, or emergency medical services to injured persons, primarily on an inpatient basis. This use type includes incidental facilities for outpatient treatment,

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and training, research, and administrative services for patients and employees.

HOTEL. Guest rooms or suites occupied on a transient basis, with most gaining access from an interior walkway.

HOUSEHOLD, LOW INCOME. A household whose income does not exceed eighty percent (80%) of area median income.

HOUSEHOLD, MODERATE INCOME. A household whose income does not exceed one hundred twenty percent (120%) of the area median income.

HOUSEHOLD, SENIOR CITIZEN. A person of a least 62 years of age, or 55 years of age if the project consists of at least thirty-five (35) dwelling units.

HOUSEHOLD, VERY-LOW INCOME. A household whose income does not exceed fifty percent (50%) of the area median income.

INCUBATOR UNITS. More than one small business located in one facility, sharing office support and equipment.

INDOOR VEHICLE SALES ESTABLISHMENT. Sale and/or lease of vehicles within an enclosed structure, with the following provisions:

1. All vehicles owned by or being sold by the dealership must be stored, maintained, and sold within a permanent building. The dealership may not display, store, or service vehicles outdoors or under any temporary structure or partially enclosed building.

2. Dealerships are limited to the sale or lease of automobiles, motorcycles and watercrafts.

Dealerships may not have more than ten (10) of any such vehicles on the premises for sale, lease, storage, or service at any given time.

3. All vehicle service must be performed in a permanent structure out of view from the public areas.

The dealership may not service vehicles outdoors or in a partially enclosed building.

4. All dealerships must conform to all sign and advertising requirements as required by Chapter 16.172 of the Ripon Municipal Code.

5. Indoor vehicle establishments shall comply with all applicable building and fire codes.

INOPERATIVE VEHICLE. A vehicle that mechanically is incapable of being driven, including a vehicle which is missing any part essential for movement or where such essential parts are broken or defective; or a vehicle prohibited from being operated on a public street or highway pursuant to Sections 4000, 5202, 24002, or 40001 of the California Vehicle Code, concerning license plates, registration, equipment, safety and related matters.

JUNKYARD. The use of any lot, or portion of a lot, for the sale, storage, keeping, or abandonment of junk, including scrap metals or salvageable material, or for the dismantling, wrecking, or abandonment of automobiles or other vehicles.

KITCHEN, PERMANENT FACILITIES. Include but are not necessarily limited to any gas service, hood, electrical service, etc., intended for cooking appliances such as ranges, stoves, etc.

LABORATORY, MEDICAL, DENTAL, OR OPTICAL. Establishments intended for the research and laboratory processing and analysis of material and/or products relating to the medical industry.

LABORATORY, RESEARCH AND ANALYSIS. Establishments intended for the research of an industrial or scientific nature and laboratory processing of material, but excludes medical testing and analysis, product testing, and manufacturing of materials classified under the High Technology use type. Typical uses include electronics research firms, pharmaceutical research laboratories, photographic laboratories, and like uses.

LIMITED INDUSTRIAL. Production processes that, by the nature of the activity performed or the scale of operation, can be located near residential or commercial uses with minimum impact to the adjacent uses.

This use type usually includes processing, small scale food processing, fabrication, assembly treatment, and packaging, but excludes basic industrial processing from raw materials or large scale food processing.

LINEN SUPPLY SERVICES. Establishments primarily engaged in supplying, on a rental basis, laundered items, such as uniforms, gowns and coats, table linens, bed linens, towels, clean room apparel, treated mops, shop towels, and door mats. These establishments may contain laundering facilities.

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LIQUOR STORE. An establishment whose primary focus is the sales of alcohol for off premises consumption, typically with extended hours and conveniently located to service a variety of customers.

LOCAL BENEFIT DISTRICT. A district formed over certain, specified parcels of real property to allocate the costs and benefits, as among benefitted property owners, of public infrastructure, to reimburse either the City or private developers or owners for the installation of said infrastructure.

LOT. A parcel of land established by plat, subdivision, or otherwise permitted by law, to be used, developed or built upon. The classifications of lots are:
a. Corner. A lot located at the intersection of two streets, not including alleys. b. Flag. A lot having access or an easement to a public or private street by narrow private right-of-way. c. Interior. A lot abutting one street.
d. Key. A lot with one side line that abuts the rear of any one or more adjoining lots. e. Reverse Corner. A corner lot, the rear of which abuts the side of another lot. f. Through. A lot having frontage on two generally parallel streets, with only one primary access.

LOT AREA. The total area included within lot lines, including one half, but not exceeding ten (10) feet of width of any abutting alley.

LOT DEPTH. The average distance between the front and rear lot lines or between the front line and the intersection of the two side lines, if there is no rear line.

LOT LINE ADJUSTMENT. A minor change in a property line between existing parcels that would create no new parcels, pursuant to the Subdivision Map Act.

LOT MERGER. A reduction of the number of lots.

LOT MERGER, VOLUNTARY. An owner-initiated merger of contiguous parcels under common ownership without reversion to acreage, pursuant to the Subdivision Map Act.

LOT WIDTH. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a midway point between the front and rear lot lines.

LOT OF RECORD. A parcel held in separate ownership as shown on the County Assessor=s records and established by the provisions of this or previous Titles.

MAJOR SUBDIVISION. A subdivision of land creating five (5) or more parcels, five (5) or more condominiums, or community apartment project containing five (5) or more units, unless otherwise accepted in the definition of a Minor Subdivision.

MANSARD ROOF. A roof having two slopes on all sides with the lower slope steeper than the upper one.

MANUFACTURED HOME. A manufactured home is a complete single-family home deliverable in one or more transportable sections, designed to be placed on a permanent foundation, and constructed to the standards established by the U. S. Department of Housing and Urban Development (HUD). A manufactured home is not the same as a recreational vehicle or commercial coach which may look similar from the exterior.

MASSAGE ESTABLISHMENT. An establishment whose primary function of business is where any person provides, receives, or permits others to provide or receive massage therapy services.

MEDIAN, ROADWAY. A paved or planted area separating a street or highway into two or more lanes of opposite direction of travel.

MEDICAL MARIJUANA DISPENSARY. Any facility or location where medical marijuana is made available to and/or distributed by or to two (2) or more of the following: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code 11362.5 et seq. A “medical marijuana dispensary” shall not include the following uses, as long as the location of such uses are otherwise regulated by this Title or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code '11362.5 et seq.

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MEDIUM DENSITY RESIDENTIAL. Residential development with densities ranging from 8 to 13 units per gross acres. This designation permits a range of housing types, including single family attached and detached and multi-family developments, and is intended for specific areas where medium and higher densities are appropriate.

MINI-STORAGE. Buildings providing space for the storage of household and commercial goods, and yards providing space for the storage of vehicles, boats, and trailers.

MINOR SUBDIVISION. A subdivision of land where:
a. The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the City Council; or
b. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a City maintained road, street, or highway; or c. The land consists of a parcel or parcels of land which have approved access to a public road, street, or highway and which compose part of a tract of land zoned for industrial or commercial development and which have the approval of the City Council as to street alignments and widths; or d. The subdivision would create four (4) parcels or less, or condominiums or community apartments containing four (4) units or less; or
e. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter-section.

MIXED USE DEVELOPMENT. Two or more uses that are integrated and developed under a coherent plan.

MOBILE HOME. The term “mobile home” shall be considered a manufactured home for the purposes of this chapter.

MOBILE HOME PARK. A residential facility arranged or equipped for the accommodation of two (2) or more manufactured homes, with spaces for such manufactured homes available for rent, lease or purchase, and providing utility services and other facilities either separately or in common to manufactured home space therein.

MOTEL. Guest rooms or suites occupied on a transient basis, with most gaining access from an exterior walkway.

NET SITE AREA. The total area within lot lines of a lot or parcel of land after public street easements or other areas to be dedicated or reserved for public use are deducted from the lot or parcel.

NEWSPAPER/MAGAZINE STAND. An establishment or stand whose primary focus of business is the sale of newspapers, magazines, etc.

NONCONFORMING LOT. A lot created by applicable laws but now the area, frontage or dimensions do not conform to provisions of this Development Title.

NONCONFORMING STRUCTURE. A structure that conformed to applicable laws when constructed but does not conform to the provisions of this Development Title.

NONCONFORMING USE. A use complying with applicable laws when established but does not conform to the provisions of this Development Title.

OFF STREET PARKING. A site or portion of a site devoted to the off street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

OFFICES, BUSINESS AND PROFESSIONAL. Offices of firms or organizations providing professional, executive, management, or administrative services such as architectural, engineering, real estate, insurance, investment counseling, legal, and medical/dental/optometry services. This use type includes chiropractor services, advertising businesses, employment services, real estate services, title companies, travel agencies, or any other business/office use as deemed appropriate by the Director of Planning.

OFFICES, CONTRACTORS. Contractor’s offices include businesses providing contracting types of services, such as plumbing, electrical, general contracting, etc. These offices can contain some on-site storage of materials so long as the materials contained on-site are contained within an enclosed building.

PALLET MANUFACTURING. Establishments for the manufacturing/sale of new pallet products.

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Activities must be conducted entirely with a building. Building must be equipped with automatic sprinkler system. Outside storage of product and materials is limited to no more than 30% of the site not occupied by a Building. The height of stored pallets is limited to eight (8) feet and an overall storage plan must be approved by the Fire District. The site must be enclosed with an eight (8) foot high solid wall or chain linked fence with salt material.

PALLET RECOVERY SERVICES. Establishments for the collection, storage, and sale of used pallets (minor repair of pallets is allowed). Activities must be conducted entirely on the premises and outside storage will be limited to no more than 30% of the site not occupied by building. The height of stored pallets is limited to eight (8) feet and an overall storage plan must be approved by the Fire District. The site must be enclosed with an eight (8) foot high solid wall or chain linked fence with slat material.

PARCEL. A piece of land under one ownership that has been legally subdivided or combined and is shown as a single parcel on the latest equalized assessment roll.

PARK AND RECREATION FACILITIES. Parks, playgrounds, recreation facilities and open spaces that are publicly owned and operated by a city, county, state, or federal agency.

PARKWAY. The area within a street right-of-way adjoining the outer edge of the paved surface in which sidewalks, landscaping, utilities, bank slopes and related facilities may be located.

PATIO AND SHADE STRUCTURE an arbor, projecting structure, beams, or framework with a covered roof supported on posts or columns, an containing no solid walls in any portion.

PAWN SHOPS. Establishments engaged in retail sales of new and used merchandise, and offering loans secured by personal property.

PERSON. Any individual, firm, corporation, partnership, business, trust, association, syndicate, or other legal entity acting as a unit.

PET STORE OR PET FOOD STORE. Retail sales pets and pet supplies, including the boarding of small animals, provided such activities take place within an entirely enclosed building. The use type includes grooming incidental to the retail use, and boarding of animals not offered for sale for a maximum period of forty-eight (48) hours.

PLANNED DEVELOPMENT OVERLAY DISTRICT. A designation intended for the development of an area consisting of a variety of residential uses or a combination of residential, commercial, and/or civic uses and associated ancillary uses and structures; situated on one or more contiguous parcels or noncontiguous parcels separated solely by a road or other right-of-way easement, or other any barrier which physically separates the parcels; and planned and developed as a unified project within a single development phase or series of development phases in accordance with an overall master plan and detailed specific or site plans.

POOL HOUSE. A covered enclosure associated with a swimming pool containing such amenities as a changing room, bathroom, shower, refreshment bar, storage, etc.

PRINCIPAL USE. The primary or predominant use of any lot, building or structure.

PRINT SHOP. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset or other common process, including electrostatic (xerographic) copying; and establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; and establishments manufacturing business forms and binding devices.

PUBLIC. Operated and/or maintained by a governmental agency or public utility.

PUBLIC FACILITIES. Any facility operated by a public entity, including but not limited to the following:
a. Public buildings, including schools and related facilities; b. Sewage collection, treatment, and disposal facilities; c. Facilities for the supply, storage, treatment, and distribution of water for municipal and industrial uses; d. Facilities for the collection and disposal of storm waters for drainage and/or flood control purposes; e. Facilities for the generation of electricity and the distribution of gas and electricity; f. Transportation and transit facilities, including but not limited to, street, roads, and other related facilities;

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g. Parks and recreation facilities;
h. Police and fire stations; or
i. Clinics, Hospitals other related medical facilities.

PUBLIC PARK. A park, playground, swimming pool, reservoir, golf course or athletic field within the City that is under the control, operation or management of the City, the County, or the State.

PUBLIC RIGHT OF WAY. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a road, trail, water line, sanitary sewer or other public uses.

PUBLIC SAFETY FACILITIES. Structures and grounds used for public safety and emergency services, including police and fire protection.

RECREATIONAL VEHICLE. A vehicle towed or self propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes. The term recreational vehicle includes, but is not limited to, travel trailers, pick up campers, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles.

RECREATIONAL VEHICLE COVER. A detached structure intended solely for the purpose of providing cover for a recreation vehicle using a framework and cover made of light weight materials (as shown below), having no enclosed walls, and having a footprint no larger than five hundred (500) square feet.

RECREATIONAL VEHICLE PARK. A parcel of land composed of a lot or contiguous lots used, designed or intended as a campground to accommodate more than four (4) recreational vehicles.

RECREATIONAL VEHICLE STORAGE FACILITY. A commercial development which provides fenced or indoor, secure, onsite storage of more than three (3) recreational vehicles, boats and all-terrain vehicles. The storage of recreational vehicles on a site shall not exceed the maximum lot area building coverage percent for the district, regardless of whether the storage is indoors or outdoors. For outdoor storage, the building coverage percentage shall be calculated by the parking space size.

RECYCLING SERVICES - CONSUMER. The collection and temporary storage, prior to recycling, of paper, aluminum, plastic, and glass products used by consumers in the home and not intended for reuse in their commercially marketed form. Any materials that are hazardous are excluded. Typical uses include neighborhood recycling centers.

RECYCLING SERVICES - SCRAP OPERATIONS. The storage, sale, dismantling, and recycling of inoperable vehicles, scrap metal products, and inoperable industrial equipment, and the storage and sale of scrap products brought in from neighborhood recycling centers. Typical uses include junk yard, automobile wrecking yards, and commercial recycling centers. The site must be enclosed with an eight (8) foot high solid wall or chain linked fence with slat material.

RESIDENTIAL CARE, GENERAL. Twenty-four (24) hour care of seven (7) or more persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living.

This classification includes only those services and facilities licensed by the State of California.

RESIDENTIAL CARE, LIMITED. Twenty-four (24) hour care of six (6) or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living.

This classification includes only those services and facilities licensed by the State of California.

RESORT. A place that is popular for recreation and vacations and provides accommodations and entertainment.

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RETAIL SALES AND SERVICE. Establishments providing for the sale of commonly used goods, merchandise, and services, excluding those use types identified in other categories.

REVIEW AUTHORITY. Any of the following entities that are empowered to interpret, implement and enforce the Development Title: City Council, Planning Commission, Director of Building and Planning, Planning Department, and Building Department.

ROOM AND BOARD. The renting of rooms and providing of table board in a dwelling unit, but not to the extent of becoming a hotel.

SCHOOLS, PUBLIC OR PRIVATE. Educational institutions having a curriculum comparable to that required in the public schools of the State of California.

SCREENING. A barrier consisting of plant materials, fencing, walls or berms for the purpose of enclosing space or separating parcels of land.

SEASONAL TEMPORARY USES. Temporary uses such as Christmas tree lots, Pumpkin patches, and outdoor Christmas holiday décor booths.
 Requires a Seasonal Temporary Use Permit application.;  Open to for profit and non-profit uses;
 Permitted in all zones except, residential zones;
 Shall operate no more than (8) consecutive weeks; and  Any signage shall be restricted to the parcel that the temporary use is located upon. (Ord. 824 §4, 2015)
SECOND DWELLING UNIT. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit also includes the following:
a. An efficiency unit as defined in Section 17958.1 of the Health and Safety Code. b. A manufactured home as defined in Section 18007 of the Health and Safety Code.

SECONDHAND STORE. Retail sales of used appliances, clothing, equipment, and items used in a typical household, excluding antique shops primarily engaged in the sale of used furniture and accessories. (Ord. 606, 1999; Ord. 705 '3, 2005)
SHADE STRUCTURE. An arbor, projecting structure, beam, or framework with an open roof of cross rafters or lattice-work supported on posts or columns and containing no solid walls in any portion.

SHELTERS. Any public or private building that provides homeless shelter or transitional housing for the homeless. Shelters shall have the following categories:
a. Small. Up to two (2) families or not more than five (5) adults. b. Medium. Three (3) to five (5) families or six (6) to fifteen (15) adults. c. Large. More than five (5) families or more than fifteen (15) adults. (Ord. 606, 1999) SHOPPING CENTER. A complex of stores, motion-picture theaters, restaurants, etc, grouped together and having a common parking area.
a. Small Shopping Center. Less than five (5) acres or 50,000 square feet of cumulative buildings. b. Large Shopping Center. Five (5) to ten (15) acres or where the total square footage of buildings exceeds 50,000 square feet, but does not exceed 100,000 square feet; c. Major Retail Facility. Exceeds fifteen (15) acres or where the total square footage of buildings exceeds 100,000 square feet.

SHOPPING MALL. A completely enclosed, air conditioned shopping center.

SINGLE FAMILY RESIDENTIAL. A freestanding residential unit on one lot intended for the occupancy by one person or by one family.

STORAGE. A place or space were goods, materials, and personal properties are put for more than twentyfour (24) hours.

STORAGE BUILDING, SMALL. A building designed to permit the storage of personal goods and materials no greater than one hundred twenty (120) square feet in size and no greater than eight (8) feet in height.

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STORAGE, VEHICLE. Operable vehicles shall not be stored for more than seventy-two (72) hours in any required front or side yard. Stored recreation vehicles shall not be used for human habitation for more eight (8) days.

STORY. The space within the building included between the surface of any floor and the surface of the ceiling immediately above.

STREET SYSTEM. The classification of streets and highways by their diverse functions and design, and are described as follows:
a. Local Street. A two-way undivided roadway providing direct access to all abutting properties. b. Frontage Road. A two-way undivided/ divided roadway running parallel with freeways providing direct access to all abutting properties.
c. Collector. A two-lane undivided roadway which funnels traffic from local streets to arterial roadways. d. Minor Arterial. A two to four lane divided roadway with limited access to abutting properties which carries local and through traffic within the community. e. Major Arterial. A multi-lane divided roadway with restricted access to abutting properties which carries local and through traffic to expressways and freeways.
f. Expressway. A roadway providing no direct access to abutting properties which carries local and through traffic to freeways, major/minor arterial roadways and collectors. Expressways are intended to provide minimum interference with the flow of through traffic, and intersections are typically elevated with separate access roads.
g. Freeway. A multi-lane divided highway providing no access to adjoining property and are intended to accommodate high speed, high volume, long distance regional through traffic and traffic between urban areas.

STRUCTURE. Any object constructed or installed by man having location upon, in, or under the ground, including, but not limited to, buildings, fences over six (6) feet in height, towers, signs, smokestacks, and overhead transmission lines.

STUDIOS. Establishments that provide work space for individuals practicing a fine art, such as: artists, boxing, dance, gymnastics, martial arts, music, photography, voice, etc.

SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

SUPPORTIVE SERVICES. Supportive services include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

TARGET POPULATION. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

TEMPORARY MOBILE HOME. Refer to Chapter 16.92, Section 16.92.030.

TOWNHOUSE. A single-family dwelling connected to another single-family dwelling by a common wall.

TRAILER. "Trailer" means a vehicle without motive power, designed to be drawn by a motor vehicle and used for human habitation or carrying persons.

TRANSITIONAL HOUSING. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing shall be considered a residential use of property, and shall be

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subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

TRIPLEX. A house or residential unit designed to contain three units, typically sharing some form of common walls on a single residential parcel.

TRUCK SALES AND SERVICES. Establishments for the operation of truck terminals, and the sales, rental, and repair of trucks.

USE. "Use" means the purpose for which premises or a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

UTILITIES, MAJOR. Generating plants, electrical substations, above ground electrical transmission lines, refuse collection or disposal facilities, water reservoirs, water or wastewater treatment plans and similar facilities of public agencies or public utilities. A structure that may affect surrounding uses shall be regulated under this use type.

UTILITIES, MINOR. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines, storm drainage retention ponds and underground drainage lines, and underground water and sewer lines.

VARIANCE. A “variance” is a limited waiver of zoning standards for a use that is already permitted within a zone. Variances are usually considered when the physical characteristics of a piece of property, such as size, shape, topography, location, or surroundings, pose unique challenges. For example, a very small or oddly shaped lot may need a variance from a setback or floor area ration requirement in order to be developed.

VEHICLE STORAGE YARD. Yards and buildings for the storage of both operable and inoperable vehicles, including towed vehicle and impound yards, but does not include vehicle dismantling.

VETERINARIAN/ANIMAL HOSPITAL - LARGE. Establishments where any animals may receive medical and surgical treatment. This use type includes short term overnight boarding of animals (up to 30 days) and incidental care such as bathing and trimming. The facility shall be located at least 300 feet away from any residentially zoned district if any operations and/or boarding of animals is not conducted within an entirely enclosed and soundproofed building.

VETERINARIAN/ANIMAL HOSPITAL - SMALL. Establishments where small animals receive medical and surgical treatment. This use type includes short term overnight boarding of animals (up to 30 days) and incidental care such as bathing and trimming, provided that all operations are conducted entirely within a completely enclosed building which complies with specifications for sound-proof construction prescribed by the chief building official.

VISITOR ACCOMMODATIONS. Establishments offering lodging on a less than weekly basis which includes eating and drinking services. This use type includes Bed and Breakfast Inns, Hotels, Motels, Conference Centers, and Resorts.

WASTE FACILITY. A facility that provides for on-site waste stabilization or neutralization. This use type excludes hazardous waste disposal facilities. (Ord. 606, 1999) WHOLESALING AND DISTRIBUTION FACILITY. This category includes the bulk storage, sale, and distribution of materials and equipment. Those activities which are conducted only within enclosed buildings are considered light wholesaling, while those involving open air yards are considered heavy wholesaling. (Ord. 606, 1999)
YARDS.

A. "Required Yard" except as otherwise provided in this chapter, means open spaces on the same lot with a building and open and unobstructed from the ground upward, meeting the setbacks as defined:

1. "Required Front yard" means a yard extending across the front of the lot between the side property lines and measured between the front lot line to the required front yard setback.

2. “Required Side Yard”, for interior lots, means a yard between the side lot line and building, and extending from the required front yard to the required rear yard and having a width equal to the shortest distance between the side lot line and the building; and for corner lots, means a yard between the side lot line and the building and extending from the street line to the rear lot line and having a width equal to the shortest distance between the side lot line and the building.

3. "Required Rear yard" means a required yard extending along the rear lot line (not a street line)

2.B.a
Packet Pg. 160 Attachment: 16-12 - Use Classification System - redlined (921 : Recreational Vehicle Storage Amendment) Redline Version

16.12.040
296
throughout the entire width of the lot.

B. REAR YARD AREA. Means mid-point between front property line and rear property line, excluding any required yard area.

ZONING DISTRICT. A portion of the City that is specifically designated for certain uses of land and structures that are defined, and regulations are specified by this Development Title. (Ord. 551 ' (part) 2, 1996; Ord. 475 '1, 1991; Ord. 89 '2.46, 1954; Ord. 89 '2.47, 1954; Ord. 89 '2.48, 1954; Ord. 606, 1999; Ord. 860, 2017).

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Packet Pg. 161 Attachment: 16-12 - Use Classification System - redlined (921 : Recreational Vehicle Storage Amendment) Legend:
Permitted Use
--- Not a Permitted Use
U Conditional Use Permit Required
M-1 M-2
Adult Businesses (Subject to Chapter 5.36 of RMC)  
Alarm Systems sales and/or service  ---
Animal Boarding Service U ---
Appliance Repair Shop  
Assembly/Light Manufacturing  
Automobile/Vehicle Related Services
Auto Parts Store --- ---
Auto Repair Shop  
Auto Sales lot (more than 10 acres) --- ---
Auto Sales lot (up to 10 acres) --- ---
Auto/Truck Travel Plaza --- ---
Boat Sales --- ---
Camper Shell sales --- ---
Farm Equipment Sales  
Indoor Vehicle Sales Establishment U ---
Motorcycle sales and service --- ---
Recreational Vehicle Sales and Service --- ---
Recreational Vehicle Storage  
Rental or Lease Agency including limousine service --- --- Service or Gas station --- ---
Truck Sales and Service  
Utility Trailer sales, rental, service  ---
Vehicle cleaning and detailing  ---
Vehicle Storage Yard U U
Building material and lumber sales U 
Cabinet Shop  
Card Room --- ---
Caretaker Residence U U
Cement Bulk Plant (Not permitted within 1000 feet of any residential area) U  Commercial Recreation and Entertainment U U
Communication Facilities U U
Crematory U U
Custom Manufacturing  
Drive-Through Service  ---
Dry Cleaning Services (Drop-off and Pick-up only) --- --- Dry Cleaning Services (cleaning plants) U 
Eating and Drinking Establishments
Bar, tavern --- ---
Delicatessen  U
Fast Food Service Establishment - with or without Drive Through Services U --- Full Service Restaurant  ---
Ice cream, yogurt store --- ---
Limited Food Service - with or without Drive Through Services U --- Equipment rental  
Food Processing U 
Glass replacement and repair shop  ---
Hazardous Material Industrial (Not permited within 1000 feet of any residential area --- U Heavy Industrial --- 
High Technology  
Janitorial services and supplies  ---
Table 16.24.1

USES IN INDUSTRIAL DISTRICTS
Industrial Districts
Use, Service or Facility
Redline Version

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Packet Pg. 162 Attachment: 16-24.1 Industrial Uses table - redlined (921 : Recreational Vehicle Storage Amendment) Legend:
Permitted Use
--- Not a Permitted Use
U Conditional Use Permit Required
M-1 M-2
Junkyard --- U
Laboratory; medical, dental or optical U ---
Laboratory; research, analysis U ---
Limited Industrial  
Linen Supply services  
Locksmith  ---
Medical Marijuana Dispensaries (Subject to Chapters 9.10 and 16.111 of RMC) --- --- Mini-storage  
Nursery, plants  
Offices, Business and Professional  U
Offices, Contractors  
Pallet Manufacturing U U
Pallet Recovery Services  
Picture framing shop  ---
Pool Table sale and repair service  ---
Power Tools - sales, repair  ---
Print Shop  ---
Public and Semipublic Uses
Banquet Facility U ---
Child Care Centers --- ---
Churches U ---
Residential Care, General --- ---
Residential Care, Limited --- ---
Recreational Facility - Indoor  U
Recreational Facility - Outdoor U U
Recycling Services - Consumer  
Recycling Services - Scrap Operations --- U
Schools --- ---
Business School --- ---
College or University --- ---
Driving School --- ---
Medical Related School --- ---
Other Private School --- ---
Private K-12 school --- ---
Public K-12 school --- ---
Trade/Vocational School U U
Seasonal Temporary Uses  
Studios - Art, Boxing, Dance, Gymnastics, Martial Arts, Music, Photography, Voice  U Swimming Pool/Spa - sales and service  ---
Utilities - Major U 
Veterinarian/Animal Hospital - Large U U
Veterinarian/Animal Hospital - Small  U
Visitor Accomodations
Bed and Breakfast Inn --- ---
Conference Center --- ---
Hotel U ---
Motel U ---
Resort --- ---
Wholesaling and Distribution facility  
Table 16.24.1 - Continued

USES IN INDUSTRIAL DISTRICTS
Use, Service or Facility
Industrial Districts
Redline Version

2.B.b
Packet Pg. 163 Attachment: 16-24.1 Industrial Uses table - redlined (921 : Recreational Vehicle Storage Amendment) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/08/2023
Subject: Ripon Christian Schools rezone ordinance - Z22-97 RECOMMENDED ACTION: This ordinance rezones properties owned by Ripon Christian Schools located at 552 N. Wilma Avenue (APN 259-660-35) and 456 Maple Avenue (APN 259- 040-02) from R1 (Single Family Residential) and R1UC (Single Family Residential Urban Core) to PS (Public-Semipublic).

Attachments:

1. Exhibit A

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ORDINANCE NO. 922

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RIPON REZONING CERTAIN REAL PROPERTIES LOCATED
AT 552 N. WILMA AVENUE (APN 259-660-35) AND 456
MAPLE AVENUE (APN 259-040-02) IN THE CITY OF RIPON
WHEREAS, certain real properties located at 552 N. Wilma Avenue (Assessor’s Parcel Number 259-660-35) and 456 Maple Avenue (Assessor’s Parcel Number 259-040-02) has been previously annexed to the City of Ripon; and
WHEREAS, the City has previously changed the General Plan land use designation of the properties from LD (Low Density Residential) and HLD (High Low Density Residential) to S-HS (High School); and
WHEREAS, the City Council is desirous of amending the zoning classification of the properties from R1 (single family residential) and R1UC (single family residential urban core) to PS (Public-Semipublic).

WHEREAS, on July 11, 2023, the Ripon City Council conducted a public hearing, at which time the City Council approved the proposed changes to the General Plan and zoning designations of the properties; and
WHEREAS, the City Council, after conducting appropriate environmental analysis pursuant to CEQA, and after conducting duly noticed meetings and hearings, desires to amend the zoning classifications of the properties as set forth herein.

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

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

APN Current Zone New Zoning
Clarification Clarification
259-660-35 Single Family Residential (R1) Public-Semipublic (PS) 259-040-02 Single Family Residential
Urban Core (R1UC)
Public-Semipublic (PS)
As more particularly set forth on the map attached hereto as Exhibit “A”.

SECTION 2. REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.

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SECTION 4. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of August, 2023, by the following vote:

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

By: ___________________________
LISA ROOS, City Clerk

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Exhibit "A" 2.C.a
Packet Pg. 167 Attachment: Exhibit A (922 : Ripon Christian Schools rezone ordinance - Z22-97) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/08/2023
Subject: Commissions Ordinance Amendment
RECOMMENDED ACTION:

This ordinance amends Chapter 2.15 Commissions of the Ripon Municipal Code providing necessary updates and clarification to the commission application and appointment process.

BACKGROUND:

At the June City Council meeting, staff presented a proposed amendment to the City Commissions ordinance (Chapter 2.15 of the RMC).

DISCUSSION/ANALYSIS:

At that meeting, staff received feedback from the City Council addressing the following:
 How vacancies would be filled;
 Advertising for open positions; and
 The application and interview process.

Most of the comments and concerns centered around creating a very clear, transparent, and understandable process for how all Commission vacancies would be filled.

The proposed amendment to Chapter 2.15 “Commissions” will amend this section of the Municipal Code to provide necessary updates and clarification to the commission application and appointment process. There are no changes from first reading to second reading. Following is the proposed Ordinance recommended for second reading and adoption.

FISCAL IMPACT:

N/A

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ORDINANCE NO. 923

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 2.15 "COMMISSIONS" OF

THE RIPON MUNICIPAL CODE

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

SECTION 1. AMENDMENT TO CODE. Chapter 2.15 is hereby amended in its entirety to read as follows:

Chapter 2.15

COMMISSIONS
Sections:

2.15.010 Created Number of Members

2.15.020 Application Process

2.15.030 Appointment and Re-appointment of regular terms

2.15.040 Filling Vacancies - expired term

2.15.050 Filling Vacancies - unexpired term

2.15.060 Vacancies-Absences-Removal

2.15.070 Powers and Duties

2.15.080 Officers, General Rules and Regulations

2.15.090 Meetings

2.15.100 Rules Governing Conduct of Business

2.15.110 Eligibility and Residency Requirements

2.15.120 Cooperation with City Departments, Reports to Council

2.15.130 Appropriation Budget

2.15.010 Created Number of Members
A. There is created the following Commissions in and for the City:

1. Parks/Recreation Commission

2. Planning Commission
B. A Commission shall consist of six (6) members; five (5) regular and one (1) alternate whose function is to act in the place of an absent regular member. (Ord. 482 §1, 1991; Ord. 470 §1, 1991; Ord. 538 §1, 1995; Ord. 647 §1, 2001; Ord. 674 §1, 2003, Ord. 825 §3, 2015, Ord. 889, 2019)

2.15.020 Application Process
A. Applications for Commissions are accepted at any time.

B. Applications for Commissions are kept on file for a period of 24 months.

C. 120 days prior to the Commissioner’s term expiration, the City Clerk shall verify if the current Commissioners wish to continue to serve via a re-application process.

2.15.030 Appointment and Re-appointment of regular terms

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A. Commission members shall be appointed or re-appointed by the City Council. Such appointments or re-appointments shall be made by resolution by the City Council at the regularly scheduled January City Council meeting and the appointments or re-appointments will take effect at the next regular meeting of the appropriate Commission.

B. Except as otherwise provided, all Commission members shall be appointed to terms of four (4) years.

C. Commission members are assigned a seat number when appointed. The expiration of the Commission member terms shall be staggered such that a maximum number of three seats are expiring at any one time.

D. No one person shall simultaneously serve on more than one Commission, except when, in its sole discretion in considering all the facts (e.g. number of applicants, special qualifications, etc.), the City Council determines that such simultaneous service would be in the best interest of the City. (Ord. 470 §1, 1991: Ord. 538 §1, 1995: Ord 634 §1, 2001; Ord. 674 §2, 2003)

2.15.040 Filling Vacancies - expired term
A. If current Commissioners with terms about to expire wish to continue their service on the Commission, the Mayor shall convene a “Nomination Committee” consisting of the Mayor and Vice Mayor to discuss their continuance and may recommend to the entire City Council re-appointment for another four (4) year term.

B. If there becomes a vacancy by term expiration, the Mayor shall direct the City Clerk to advertise for Commission applications for a period of not less than 30 days and confirm interest of current applications on file, convene a “Nomination Committee” consisting of the Mayor and Vice Mayor to review all applications, conduct interviews of the top ranked applicants and forward its recommendation to the City Council for consideration.

2.15.050 Filling Vacancies - unexpired term
A. If a vacancy occurs for any reason prior to the expiration of the term, including removal of a member pursuant to Section 2.15.060, the Mayor shall direct the City Clerk to advertise for Commission applications for a period of not less than 30 days and confirm interest of current applications on file, convene a “Nomination Committee” consisting of the Mayor and Vice Mayor to review all applications, conduct interviews of the top ranked applicants and forward its recommendation to the City Council for consideration.

B. If a vacancy occurs within 6 months of a term expiration, the vacant position shall remain open for the remainder of the term and filled utilizing the normal expired term process as described in 2.15.040.

2.15.060 Vacancies-Absences-Removal
A. If a vacancy shall occur other than by expiration of term, it shall be filled by appointment by the City Council for the unexpired portion of the term using the procedures set forth in Section 2.15.050. A vacancy shall be deemed to have occurred when one or all of the following circumstances occur:

1. When a member no longer complies with the residency requirement as set forth in Section 2.15.110.

2. When a Commission member is absent from four consecutive meetings or twenty-five percent of the regularly scheduled meetings within any twelve-month period from date of

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appointment without due cause, as determined by the City Council, the member shall be deemed to have resigned from their position and a vacancy thus created.

3. When a member submits a letter of resignation stating clearly and unambiguously that the member can no longer continue to serve on the Commission.

4. Upon the death of a Commission member.

5. Whenever, in the discretion of the City Council, the best interest of the City shall be served thereby, any member of a Commission may be removed by a majority vote of the City Council at a regularly scheduled City Council meeting.

2.15.070 Powers and Duties
The rights, powers and duties of each Commission shall be:

A. Parks/Recreation Commission.

1. To act in an advisory capacity to the City Council, the Recreation Director, and the staff in all matters pertaining to public parks and recreation, and to cooperate with other governmental agencies and groups in the advancement of sound recreation and park planning and programming.

2. To assist the Recreation Director, as he shall from time to time direct, in the enforcement of rules and regulations as may be adopted by resolution of the City Council and the Commission.

3. To carry out such other powers and duties as may be given to the Commission by the City Council and/or the Recreation Director.

B. Planning Commission

1. To exercise those powers and duties provided by state law, or any subsequent amendments, changes or revisions thereof.

2. To carry out specific powers and duties as are designated in any ordinance of the City relating to planning or zoning or any other related matter referred to it for consideration by the Council. (Ord. 580 §1, 1998, Ord. 825 §2, 2015, Ord. 889, §2, 2019)

2.15.080 Officers, General Rules and Regulations
The officers of each Commission shall be a chairperson and vice-chairperson. These officers shall be selected by the Commission members at the first meeting in February of each year, or the next regularly scheduled meeting thereafter. Officers shall hold office for the later of one year or until their successors are selected. Each Commission shall follow Rosenberg’s Rules of Order to govern its proceedings, and such other rules as may be adopted by the City Council. (Ord. 470 §1, 1991, Ord 674 §5, 2003)

2.15.090 Meetings
Each Commission shall hold at least one regular meeting each month, on the day and at the time and in the location that it shall designate by minute action, as well as such special meetings as the Commission may require. Special meetings may be held only by complying with applicable provisions of the Government Code pertaining to such board and Commission meetings of a general law city. (Ord. 470 §1, 1991)

2.15.100 Rules Governing Conduct of Business
All meetings shall be generally conducted pursuant to the provisions contained in Rosenberg’s Rules of Order, and as specifically set forth in the provisions of the Government Code pertaining

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to such board and Commission meetings of a general law city. Three members of a Commission shall constitute a quorum. Unless otherwise provided in the Ripon Municipal Code or the provisions of state law, all actions of a Commission shall require the affirmative vote of a majority of the Commission members present for approval and such actions may either be in the form of a formal motion or a resolution, as required by law. (Ord. 470 §1, 1991)

2.15.110 Eligibility and Residency Requirements
A. At all times during the term of office, a Commissioner shall be a registered voter.

B. Commission members shall reside within the boundaries as hereinafter defined:

1. Parks/Recreation Commission, the Ripon Unified School District.

2. Planning Commission, the Ripon City Limits.

2.15.120 Cooperation with City Departments, Reports to Council All officers, department heads and departments of the City shall render cooperation and all reasonable and necessary assistance to the Commissions. Neither a Commission nor any person connected with a Commission shall incur any financial liability in the name of the City without the prior consent of the City.

2.15.130 Appropriation Budget
The City Council may, in its discretion, appropriate such funds as it may deem necessary for the purpose of carrying on the activities of any Commission.

SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior

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to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of August, 2023, by the following vote:

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

By: ___________________________
LISA ROOS, City Clerk

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ed Ormonde, Chief of Police
Date: 08/08/2023
Subject: Grand Jury Response - Final
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the letter of response to the findings and recommendations of the Grand Jury Case No. 0322 for Superior Court of California, County of San Joaquin regarding, “School Safety: A Shared Responsibility”.

BACKGROUND
The 2022-23 San Joaquin County Grand Jury has published Case No. 0322, “School Safety: A Shared Responsibility” (see attached). In the published case the Grand Jury has made Findings and Recommendations to each entity surveyed within the county.

DISCUSSION/RESPONSE
The San Joaquin County Civil Grand Jury report requires a response from the Ripon City Council on the report’s recommendations within 90 days of receipt of the report. The report was received on May 26, 2023.

At the July City Council meeting, staff presented a draft of a letter for City Council input to the Grand Jury responding to each finding and recommendation of Case No. 022 that is applicable to the City of Ripon. Since the July meeting, staff has made a couple of additional minor changes, which are shown in tracked changes (see attached file “Final City Council Response to Grand Jury”).

Staff is requesting the City Council approve the final response to the Grand Jury. Following approval of the letter it will be submitted to the San Joaquin County Grand Jury as the City of Ripon’s official response.

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FISCAL IMPACT
Unknown.

Attachments:

1. 2022-2023 San Joaquin County Grand Jury

2. Grand Jury Revised Response_20230713

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2022‐2023 San Joaquin County Grand Jury
School Safety in San Joaquin County:

Developing a Culture of Safety
Case #0322
Summary
The 2022‐2023 San Joaquin County Civil Grand Jury examined, through the lens of a layperson, the safety measures in place at the 14 public school districts and the San Joaquin County Office of Education (SJCOE). These safety measures are mandated by California Education Code 32280‐ 322895.5. Through multiple interviews, site visits, and expert witness testimony, the Grand Jury found while many protocols have been established in the County, there is no unified approach to school safety. Rather, safety planning often consists of a patchwork of policies and procedures and

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Packet Pg. 176 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 2 many of the Comprehensive School Safety Plans (CSSPs) required by law are boilerplate documents that are rarely specific to school sites.

Schools in San Joaquin County are safer because of recent efforts by school districts, but more can be done. Districts can create more opportunities for meaningful involvement by parents, students, and staff in safety planning efforts. Parents/guardians can ask school officials about safety at their child’s school site.

Law enforcement must be more involved in the process of development, implementation, and annual updates of the CSSP, including participation in safety training/drills, building relationships with students and staff, and helping to create a culture of safety.

While the issue of school safety is vast, the 2022‐2023 San Joaquin County Civil Grand Jury review focused on the following areas:
 Comprehensive School Safety Plans.
 Observations during school site visits.
 Safety training.

The 2022‐2023 Civil Grand Jury found CSSPs were not school site‐specific and displayed a lack of parental and law enforcement agency involvement, safety training was intermittent, and drills were predictable. The Grand Jury also found a lack of meaningful staff and student discussion regarding school safety, school sites that were inconsistent in visitor check‐in procedures, and evacuation maps missing or lacking clarity.

Glossary
 AED: Automated External Defibrillator.
 Average Daily AƩendance: The total days of student aƩendance divided by the total days of instrucƟon.
 CDE: California Department of EducaƟon.
 CerƟficated Employee: CerƟficated school employees are employees of a school, district, or county office of educaƟon who are in a posiƟon that requires the employee to have a credenƟal from the California Commission on Teacher CredenƟaling (CCTC).  Charter School: A charter school is a public school that may provide instrucƟon in any combinaƟon of grades (kindergarten through grade 12). Parents/guardians, teachers, or community members may iniƟate a charter peƟƟon, which is typically presented to and approved by a local school district governing board.
 Classified Employee: Classified employees are employees of a school, district, or county office of educaƟon who are in a posiƟon not requiring cerƟficaƟon.  COE: County Office of EducaƟon.
 Common Areas: Common areas are defined as auditoriums, mulƟpurpose rooms, gymnasiums, cafeterias, wellness centers, and any other area that may be used by both the public as well as

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Packet Pg. 177 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 3 students and staff. Pursuant to EducaƟon Code SecƟons 38130‐38139, public schools are required to offer the use of school faciliƟes by non‐district public groups.  CSSP: Comprehensive School Safety Plan. Safety plan required by California law for each school site operaƟng kindergarten or any of grades 1 to 12, inclusive.  Dependent Charter School: A dependent charter school is a charter school that has been authorized and is governed by the district’s school board and is an integral part of the district’s porƞolio of schools.
 First Responder: The term includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual who, in the course of his or her professional duƟes, responds to fire, medical, hazardous material, or other emergencies.  Flip chart: Emergency response flip charts are an effecƟve way of referencing important contacts and acƟons to be taken in an emergency. Having clearly defined procedures to deal with emergencies that may occur in your workplace and making sure your workers are familiar with these procedures may save lives.
 Independent Charter School: A school that, although authorized by a school district board, is governed by a separate governing board, and is operated independently from the other schools administered by the district.
 Lock Block System: A simple device that prevents locked doors from completely closing, allowing the handle to stay locked and students or adults to quickly lock doors without the need for keys in the case of danger on campus.
 Raptor: Raptor Technologies is a company that has developed integrated school safety soŌware that allows schools to screen and track school visitors.  School Safety Culture: Campus climate and culture are foundaƟonal in the creaƟon and maintenance of a safer and more secure school for both students and staff. Keeping students safe both physically and emoƟonally requires an atmosphere in which parents/guardians, students, and staff are all working together to protect the learning environment.  SJCOE: San Joaquin County Office of EducaƟon.
 SRO: School Resource Officer.
 Tabletop Exercise: Small group discussions about an emergency and the courses of acƟon a school will need to take before, during, and aŌer an emergency to lessen the impact on the school community. ParƟcipants analyze the problem together and discuss detailed roles, responsibiliƟes, and anƟcipated courses of acƟon.

Background
Recent media reports of tragic and all too frequent shootings on school campuses across the country have heightened community concerns about school safety and security, but school violence is not a new or recent concern. In fact, school shootings have been part of our nation’s history since Colonial days. During the 19th century, multiple shootings occurred on school campuses involving intentional and accidental gunshots and other forms of violence by students and outside intruders.

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Packet Pg. 178 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 4 Early in the 20th century the frequency of school violence diminished, but one of the earliest examples of mass school fatalities occurred in 1927 in Bath, Michigan, where 44 people, including 38 students, died when a former school board member dynamited the district school. In the middle of the 20th century school attacks, bombings, and riots by individuals and mobs were often fueled by racial and religious animosity.

The modern school violence trend toward mass casualty shootings began in San Joaquin County in 1989. The Cleveland School shooting occurred ten years before the more frequently referenced Columbine High School shooting in Colorado. Although the 1990s and early 2000s saw an overall trend toward fewer deaths from school shootings in the United States, the public’s perception of unsafe schools was shaped by numerous high‐visibility shooting incidents that led to the belief that our schools have become increasingly dangerous places.

School shootings are the focus of discussions in the media, however, school safety concerns range across a continuum, from routine discipline to bullying and fighting, weather and natural disasters, nearby transportation and industrial accidents, and shootings, as illustrated below. ©2016, National School Safety and Security Services
School safety planning requires careful thought, preparation, and training to avoid or mitigate the consequences of all threats across this continuum. These include not only high‐consequence threats that have a low probability of occurrence (school shootings) but also lower‐consequence threats that have a much higher probability of occurrence (bullying).

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Packet Pg. 179 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 5 Reason for Investigation
Creating a safe and healthy learning environment is a top priority shared by parents/guardians, educators, policymakers, and the community. The importance of safe schools is reflected in Article I, Section 28(f) of the California Constitution, which states: “All students and staff of public primary, elementary, junior high, and senior high schools, and community colleges, colleges, and universities have the inalienable right to attend campuses which are safe, secure and peaceful.” Furthermore, California Education Code Sections 32280‐32289.5 mandate an annual update of each school site’s Comprehensive School Safety Plan (CSSP) by March 1 of each year.

The Grand Jury concluded that recent events in San Joaquin County and elsewhere raised the question of whether the schools in our County were taking appropriate steps to protect students and staff.

The Federal government does not maintain a database of school shootings, but several other entities do attempt to compile that data. For example, Education Week reports 2022 had the most school shootings in the nation (51) and the highest number of casualties (40 killed and 100 injured) in the past five years; 21 of those deaths occurred in the Uvalde school shooting in May 2022. San Joaquin County did not experience any school shootings in 2022, although one Stockton high school student was fatally stabbed when a man entered the campus through an unattended security checkpoint. Local media reported several instances of students being arrested for alleged threats of violence at schools in the County. Tragically, during the Grand Jury investigation, two students were attacked at Unity Park near Chavez High School; one student was shot and killed and the other student was pistol‐whipped.

Rather than focusing the Grand Jury’s investigation on one type of school safety threat, such as school shootings, or on school safety planning at one school or district in the County, the Grand Jury concluded it would best serve San Joaquin County citizens to review emergency preparedness planning for threats across the school safety continuum. The Grand Jury evaluated school safety planning from a layperson’s perspective by measuring each district’s preparedness against best practices as identified through research and expert testimony. This report shares with the public the results of that evaluation. Due to the complexity of governance and the large number of independent charter schools (32), the Grand Jury focused its investigation on traditional and dependent charter schools.

Method of Investigation
The Grand Jury conducted an extensive literature review and interviewed several school safety experts to identify consensus among experts on best school safety practices and where there were differences of opinion. The Grand Jury also surveyed each district about school safety preparation and planning. The Grand Jury compared the responses received from each school district against the best practices recommended by school safety experts. Follow‐up interviews were conducted with representatives from each district. Grand Jury members visited one school from each district to confirm the information received and to observe safety preparation at the individual school level.

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Packet Pg. 180 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 6 Materials Reviewed
 California Department of Education, “Comprehensive School Safety Plans – Violence Prevention (CA Dept of Education).” www.cde.ca.gov, www.cde.ca.gov/ls/ss/vp/cssp.asp.

Accessed May 2, 2023.
 California Education Code Sections 32280‐32289.5.
 California Education Code Sections 38130‐38139.
 California State Auditor, “Report 2016‐136.” www. Auditor.ca.gov/reports/2016‐ 136/introduction.html. Accessed May 2, 2023.
 Comprehensive School Safety Plans and related safety informaƟon provided to the Grand Jury by the San Joaquin County Office of EducaƟon and each of the 14 school districts in San Joaquin County.
 Trump, Kenneth S., Proactive School Security and Emergency Preparedness Planning.

Thousand Oaks, Calif., Corwin, 2011.

Websites Searched
 “Banta Unified School District Home Page.” Bantasd.org, www.bantasd.org. Accessed March 4, 2023.
 Blad, Evie, et al., “School ShooƟngs in 2022: 4 Key Takeaways.” EducaƟon Week, January 27, 2023, www.edweek.org/leadership/school‐shooƟngs‐in‐2022‐4‐key‐takeaways/2022/12.

Accessed April 3, 2023.
 Dorn, Sherman. “PerspecƟve | Violence over Schools Is Nothing New in America.” Washington Post, September 29, 2021,
www.washingtonpost.com/outlook/2021/09/29/violence‐over‐schools‐is‐nothing‐new‐ america/. Accessed October 6, 2022.
 “Escalon Unified School District.” www.escalonusd.org, www.escalonusd.org. Accessed March 3, 2023.
 Fuentes, AnneƩe. “A Brief History of School Violence in the United States (2011).” Versobooks.com, March 23, 2018, www.versobooks.com/blogs/3705‐a‐brief‐history‐of‐ school‐violence‐in‐the‐united‐states‐2011. Accessed June 22, 2022.  Glavin, Chris. “History of School ShooƟngs in the United States | K12 Academics.” K12academics.com, 26 July 2018, www.k12academics.com/school‐shooƟngs/history‐school‐ shooƟngs‐united‐states. Accessed October 6, 2022.
 Green, Emilee. “ICJIA Research Hub.” Icjia.illinois.gov, November 23, 2020, icjia.illinois.gov/researchhub/arƟcles/exploring‐school‐violence‐and‐safety‐concerns.

Accessed October 6, 2022.
 “Jefferson School District Home Page.” www.jeffersonschooldistrict.com, www.jeffersonschooldistrict.com. Accessed March 3, 2023.  “Lammersville Unified School District Home Page.” www.lammersvilleschooldistrict.net, www.lammersvilleschooldistrict.net. Accessed March 4, 2023.  “Lincoln Unified School District Home Page.” www.lusd.net, www.lusd.net/Domain/4.

Accessed March 3, 2023.

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Packet Pg. 181 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 7  “Linden Unified School District Home Page.” www.lindenusd.com, www.lindenusd.com.

Accessed March 3, 2023.
 “Lodi Unified School District Home Page.” www.lodiusd.net, www.lodiusd.net. Accessed March 4, 2023.
 “Manteca Unified School District Home Page.” www.mantecausd.net, www.mantecausd.net.

Accessed March 3, 2023.
 “New Hope Home Page.” www.nhesd.net, www.nhesd.net. Accessed March 4, 2023.  “New Jerusalem Elementary School District Home Page.” Home ‐ New Jerusalem Elementary School District, www.njesd.net/en‐US. Accessed March 4, 2023.  “Oak View Elementary School District Home Page.” www.myoakview.com, www.myoakview.com/oakview.aspx. Accessed March 4, 2023.  “Ripon Unified School District Home Page.” www.riponusd.net, www.riponusd.net. Accessed March 3, 2023.
 “School ShooƟngs This Year: How Many and Where.” EducaƟon Week, January 27, 2023, www.edweek.org/leadership/school‐shooƟngs‐this‐year‐how‐many‐and‐where/2022/01.

Accessed April 3, 2023.
 “Stockton Unified School District / Home Page.” www.stocktonusd.net, www.stocktonusd.net. Accessed March 4, 2023.
 “The San Joaquin County Office of EducaƟon Home Page.” www.sjcoe.org, www.sjcoe.org.

Accessed March 3, 2023.
 “Tracy Unified School District Home Page.” www.tracy.k12.Ca.us, www.tracy.k12.ca.us.

Accessed March 3, 2023.

Interviews Conducted
 District Administrators.
 RepresentaƟves from all County and Local Law Enforcement Agencies.  San Joaquin County Office of EducaƟon Administrators.  School Safety Consultants.
 School Safety Experts.
 School Site Administrators.
 School Site CerƟficated Personnel.
 School Site Classified Personnel.

Sites Visited
 Banta Elementary School (Banta Unified School District).  Hazelton Elementary School (Stockton Unified School District).  Lodi High School (Lodi Unified School District).
 Mountain House High School (Lammersville Unified School District).  New Hope Elementary School (New Hope Elementary School District).  New Jerusalem Elementary School (New Jerusalem School District).  Oak View Elementary School (Oak View Elementary School District).

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Packet Pg. 182 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 8  one.Charter Academy of Visual and Performing Arts (San Joaquin County Office of EducaƟon).
 Ripon High School (Ripon Unified School District).
 Tom Hawkins Elementary School (Jefferson School District).  Tully C. Knoles School (Lincoln Unified School District).  Veritas Elementary School (Manteca Unified School District).  Vista High School (Escalon Unified School District).
 Waterloo Middle School (Linden Unified School District).  Williams Middle School (Tracy Unified School District).

Discussions, Findings, and Recommendations

1.0 School Safety Fundamentals
When asked, school officials, families, policymakers, and the community agree school safety is a top priority, but often there is a disconnect between safety practices and that priority. There is disagreement about what steps should be taken to make our schools safer or how much time, energy, or money should be devoted to school safety efforts. The recent uptick in gun‐related incidents at schools across the country has created what some school safety experts believe is a skewed focus on target hardening. Physical security measures, security hardware equipment, cameras, access control, and other forms of safety technology can be useful in the school safety tool bag but are only as valuable as the weakest human link supporting them. As one school safety expert advised the Grand Jury, “Beware of school safety consultants with something to sell.” The emphasis on physical security measures has created a failure to focus on human factors and the fundamentals of school security and culture.

From interviews with school safety experts and a review of publicly available literature, the Grand Jury learned that the best safety plans focus on fundamentals such as:
 Site‐specific emergency plans.
 Creating a culture of safety.
 Lockdown drills and sheltering in place.
 Evacuation and reunification.
 Identifying and assigning incident command roles.
 Recognizing abnormalities.
 Having situational awareness at all times.
 Empowering staff to make decisions during emergencies.

The focus of any school safety program should be on training to prepare people with the skills necessary to take proper action when confronted by an emergency. An emergency by its very nature is a time of extreme stress that often short‐circuits rational thought and action. Available

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Packet Pg. 183 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 9 data indicate lockdown drills (close and lock the door, turn off the lights, close blinds and curtains, move into a hardened corner that is out of sight of an intruder, and keep quiet) work best to prepare staff and students to respond effectively to emergencies. Options‐based training (run, hide, and fight) is recommended by some safety experts, but such training is controversial and is discouraged by other experts. Basic, age‐appropriate drills should be the focus of any safety training involving students. Overly dramatic drills that create student anxiety should be avoided.

Safety training for school employees must be more than a once‐a‐year event; it must be integrated into staff meetings throughout the school year and must include not only teachers and administrators but also support staff. Safety drills for staff and students must be diversified in the type and timing of the drills.

In addition to safety training, school climate and relationships are keys to school safety. “Schools should address climate along with security and emergency preparedness, not one or the other. Too often climate is pitted against security, instead of focusing on both.

Schools can be warm, welcoming, and trusting environments and still have balanced security measures and comprehensive emergency preparedness guidelines.”1 A positive school culture is one in which students and staff feel respected, supported, and connected to each other and to the school community. In such a culture, there is a greater sense of shared responsibility for the well‐being and safety of everyone in the school, and students are more likely to report concerns or potential safety issues.

In contrast, a negative school culture, characterized by bullying, harassment, discrimination, or general facility disrepair, can contribute to a lack of trust and support among students and staff.

This makes it more difficult for students to feel comfortable reporting safety concerns and contributes to a sense of isolation and disengagement that increases the risk of violence or other safety issues.

Creating a positive school culture that promotes respect, inclusivity, and collaboration helps to foster a sense of community and shared responsibility leading to a safer school environment. This includes initiatives such as anti‐bullying and anti‐harassment programs, positive behavior interventions and supports (PBIS), and efforts to promote diversity and cultural sensitivity.

Safety culture is a topic to be revisited throughout the school year to build upon overall school safety. As an expert witness noted:
“…the key thing is really creating a culture of safety and a culture for reporting. Where safety is everyone's job from the custodian, your school secretary, [your] food service worker, your bus drivers, the first and last people to see kids during the day, to encourage not only see something and say something, that catchphrase that has been used since 9/11, but training people on how to do something. [If] someone sees something, they say something, then what are you trained to do. Because if someone reports it and you don't 1 Trump, Kenneth S., ProacƟve School Security and Emergency Preparedness Planning. Thousand Oaks, Calif., Corwin, 2011, page 182.

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Packet Pg. 184 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 10 act and it's not acted in a timely appropriate manner, it's not going to really carry this all the way through.”
A school safety culture is encouraged by involving parents/guardians, students, teachers, administrators, and other school personnel in a school’s safety planning process. It also is encouraged by creating an overall positive climate at the school. Is there school engagement, school ownership, school pride, and student artwork present and visible in the school? Is the school clean and well‐maintained? Do students and school employees have an open and trusting relationship?

2.0 Comprehensive School Safety Plan
“The California ConsƟtuƟon guarantees California children the right to aƩend public schools that are safe, secure, and peaceful. The CDE, public school districts, county offices of educaƟon (COEs), and schools and their personnel are responsible for creaƟng learning environments that are safe and secure. First responders, community partners, and families play an essenƟal role, as well. Schools must be prepared to respond to emergencies including natural and man‐made hazards and strive to prevent violence and behavior issues that undermine safety and security. CSSPs include strategies aimed at the prevenƟon of, and educaƟon about, potenƟal incidents involving crime and violence on the school campus and aspects of social, emoƟonal, and physical safety for both youth and adults.”2 According to California EducaƟon Code SecƟon 32281(a), every school district and County Office of EducaƟon (COE) in the State is responsible for developing a Comprehensive School Safety Plan (CSSP). For each of its school sites and the site council or safety planning commiƩee for each site is required to write and develop a CSSP that is relevant to the specific needs and resources of that site. In school districts with fewer than “2,501 units of average daily aƩendance,” there may be one CSSP for all schools within the district.

Every year, each school is required to adopt an updated CSSP by March 1. Before adopƟng its CSSP, the school site council or safety planning commiƩee must hold a public meeƟng at the school site to allow members of the public the opportunity to express an opinion about the school safety plan.

State law includes a list of individuals and enƟƟes that must be noƟfied in wriƟng of these public meeƟngs. These opportuniƟes for meaningful public input on safety plans and goals help build a strong school safety culture.

Each school’s CSSP must be designed to address campus risks, prepare for emergencies, and create a safe, secure learning environment for students and school personnel. The CSSP must include adaptaƟons necessary for the safety of students with disabiliƟes. The school site council is required to consult with representaƟves from the law enforcement agency, the fire department, and other 2 California Department of EducaƟon, “Comprehensive School Safety Plans – Violence PrevenƟon (CA Dept of EducaƟon).” www.cde.ca.gov, www.cde.ca.gov/ls/ss/vp/cssp.asp. Accessed May 2, 2023.

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Packet Pg. 185 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 11 first responder enƟƟes in the wriƟng and development of the CSSP and to share any updates to the CSSP with those enƟƟes. An updated file of all safety‐related plans and materials also must be readily available for inspecƟon by the public.

Administrators of a school district or COE may elect to develop those porƟons of a CSSP that include tacƟcal responses to criminal incidents and to develop those porƟons of the CSSP themselves, in consultaƟon with law enforcement and a representaƟve of an exclusive bargaining unit of employees. The governing board of a school district or COE also can confer in closed session with law enforcement officials prior to the approval of a tacƟcal response plan. Any vote to approve the tacƟcal response plan would be announced following the closed session.

The CSSP must include provisions for:
(1) assessing the status of crime on school campuses and at school funcƟons and (2) idenƟfying appropriate strategies that will provide or maintain a high level of school safety and address the school’s procedures for complying with exisƟng laws related to school safety.

The SJCOE and all districts in the County have approved CSSPs for their schools. The State CSSP requirements are lengthy and plans that aƩempt to discuss in detail all required elements can become unwieldy. Some of the CSSPs reviewed by the Grand Jury were several hundred pages long and generally included the major elements required by State law, but only a few appeared to have been draŌed to address issues unique to an individual school site. Only a few indicated there had been any significant opportunity for public input during the draŌing or approval stages of the annual CSSP updates. Even fewer included an assessment of the status of crime at the school and school‐related funcƟons. The Grand Jury also found plans contained only limited menƟon of the unique needs during emergencies of students with disabiliƟes. Interviews and conversaƟons with district administrators and school personnel oŌen indicated limited knowledge of the safety informaƟon within these lengthy plans or even where the plan was physically located.

Most districts asserted that local law enforcement had been involved in the preparaƟon or update of district CSSPs, but the nature of that involvement varied widely and seldom was documented in a manner that would allow the public to conclude that the involvement was meaningful. Some school officials commented that law enforcement agencies seemed reluctant to collaborate. Fewer districts asserted the local fire district had been involved in the preparaƟon or update of district CSSPs, although some schools reported during site visits that the fire marshal had assisted in the preparaƟon of current evacuaƟon maps. The Grand Jury could not conclude from available informaƟon whether law enforcement and first responders had been given the informaƟon about the specific circumstances at individual school sites necessary for an appropriate response to a school safety emergency.

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Packet Pg. 186 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 12 Several districts and schools made lengthy CSSPs more useful by creaƟng concise flip charts idenƟfying key steps to be taken during a range of anƟcipated emergencies. Most schools using these flip charts posted them in classrooms, but only a few schools posted them in other rooms frequented by students, such as libraries, cafeterias, mulƟpurpose rooms, and other school resource rooms. Many of these rooms are used by the general public during non‐school hours, in accordance with the California EducaƟon Code.

Some districts keep the enƟre CSSP confidenƟal. Others make public most of the CSSP but keep some porƟons of the plan confidenƟal to avoid providing useful informaƟon to potenƟal criminal perpetrators. A few districts make the enƟre CSSP public. As noted above, the California EducaƟon Code requires an updated file of all safety‐related plans and materials to be readily available for inspecƟon by the public, but school administrators are authorized to keep confidenƟal the porƟons of safety plans that include tacƟcal responses to criminal incidents. The Grand Jury considers the beƩer pracƟce is to keep these sensiƟve provisions confidenƟal but to make the rest of the CSSP and other safety‐related informaƟon readily available to the public and school employees.

The CSSP must include a clear descripƟon of incident command and communicaƟon roles, together with associated duƟes. It also must idenƟfy the individuals responsible to perform those roles as well as alternate individuals if the primary individual is not available to perform the role. Some of the CSSPs reviewed by the Grand Jury idenƟfied the incident command roles, but only a few of these idenƟfied the individuals responsible for those roles and the alternates who would assume those roles if the primary individual was not available. None of the CSSPs reviewed by the Grand Jury provided evidence that the individuals responsible for incident command roles had received appropriate training to properly perform those important roles.

Some districts include meaningful informaƟon about safety measures taken by the district and its schools through the district website and other communicaƟons with parents/guardians. Other districts have liƩle or no informaƟon about safety measures on their websites and appear to have only limited communicaƟon with parents/guardians about safety measures.

The CSSP should describe the system to reunite parents/guardians with their children in the event of a campus‐wide evacuaƟon or emergency and parents/guardians must be made aware of how they can reunite with their children. Only some of the CSSPs reviewed by the Grand Jury contained a detailed descripƟon of the reunificaƟon system and how parents/guardians will be advised of the relevant details of that system.

Findings
F2.1 A review of CSSPs demonstrated many districts have failed to create a CSSP that addresses safety issues unique to the individual school sites, and rather use a template and/or boilerplate language, leaving the school site unprepared in an emergency.

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Packet Pg. 187 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 13 F2.2 Many districts have not involved teachers, support staff, students, and parents/guardians when updaƟng each school site’s CSSP, missing an opportunity to create a culture of school safety.

F2.3 Many districts have not collaborated with local law enforcement and other first responders during the annual process to update the CSSP, which could result in a prolonged and inefficient emergency response.

F2.4 Many district CSSPs show a lack of meaningful collaboraƟon between districts and local law enforcement agencies, causing confusion and chaos during an emergency.

F2.5 Many districts do not offer an opportunity for public input during the draŌing or approval stages of the annual CSSP, which renders the districts out of compliance with State law.

F2.6 Most districts do not include an assessment of the status of crime at the school and school‐ related funcƟons in their CSSPs, which renders the districts out of compliance with State law and causes potenƟal harm and liability.

F2.7 Many districts do not adequately address the unique needs of students with disabiliƟes during emergencies. The lack of planning for the most vulnerable students can cause harm during a Ɵme of confusion and crisis.

F2.8 A few districts do not make any part of the CSSPs available to the public, withholding important informaƟon about steps taken by the district to reduce the probability and impact of safety risks. Other districts post the CSSPs in their enƟrety, failing to keep confidenƟal informaƟon about tacƟcal responses, potenƟally revealing sensiƟve informaƟon to the public.

F2.9 Many districts have CSSPs that fail to idenƟfy incident command roles and the individuals who are to perform those roles in case of an emergency, exposing students and staff to the potenƟal for confusion and increased risks during an emergency.

F2.10 Many districts have CSSPs that fail to describe the system to reunite parents/guardians with their children in the event of a campus‐wide evacuaƟon, creaƟng confusion and addiƟonal anxiety in the event of a safety emergency.

F2.11 Many school site CSSPs do not account for specific dangers unique to the school site (e.g., train tracks, flooding, freeways).

RecommendaƟons
The 2022‐2023 San Joaquin County Civil Grand Jury recommends that the County Office of EducaƟon, the 14 school districts, and law enforcement agencies in the County implement school safety programs that require the following acƟons:

R2.1 By March 1, 2024, the annual updates for each school site’s CSSP address safety issues unique to the site.

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Packet Pg. 188 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 14 R2.2 By December 15, 2023, while updaƟng the school’s CSSP, each school site collaborate and receive input from representaƟves of teachers, support staff, students, and parents/guardians.

R2.3 By December 15, 2023, while updaƟng the school’s CSSP, each school site collaborate and receive input from the appropriate emergency response agencies.

R2.4 By December 15, 2023, each law enforcement agency in San Joaquin County meaningfully collaborate and approve the updated CSSP for school sites within that agency’s jurisdicƟon.

R2.5 By February 1, 2024, each school site council or safety planning commiƩee hold an adverƟsed public meeƟng at the school site to allow members of the community an opportunity to express an opinion about the school’s proposed CSSP as required by California EducaƟon Code SecƟons 32288(b)(1) and (2).

R2.6 By March 1, 2024, each school site’s CSSP include the State mandated assessment of the status of crime at the school and school‐related funcƟons.

R2.7 By March 1, 2024, each school site consult with the appropriate professionals to address the unique needs of students with disabiliƟes when updaƟng the CSSP.

R2.8 By March 1, 2024, each school site’s CSSP be available to the public with the excepƟon of confidenƟal informaƟon about tacƟcal responses.

R2.9 By March 1, 2024, each school site’s CSSP idenƟfy the incident command roles and the individuals who are to perform those roles and their alternate in cases of an emergency.

R2.10 By March 1, 2024, each school site’s CSSP describe the system to reunify parents/guardians with their student in the event of a campus‐wide evacuaƟon, including how parents/guardians are informed of reunificaƟon details.

R2.11 By March 1, 2024, each school site’s CSSPs account for dangers unique to the specific school site (e.g., train tracks, flooding, freeways).

3.0 Training
On November 11, 2022, the San Joaquin County Office of EducaƟon offered a free half‐day School Safety Summit for the first Ɵme. The purpose of the summit was to bring stakeholders together in a forum that could address school safety Countywide. All but three of the 14 districts in San Joaquin County aƩended the event with one or more representaƟves. As one aƩendee noted on a feedback form, “Thank you for starƟng this conversaƟon. Safety should be something we talk about more oŌen. Consider making this a topic that gets revisited mulƟple Ɵmes a year.” Another aƩendee noted, “Thank you for taking the lead on this important topic.” The Grand Jury agrees.

The purpose of the summit was to try to bridge the service gap by bringing to light the differences and the similariƟes of need while at the same Ɵme illustraƟng the importance of school culture

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Packet Pg. 189 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 15 insofar as school safety is concerned. As noted by a witness interviewed by the Grand Jury, San Joaquin County is unique in the districts that service the County students. Some districts have school resource officers (SROs) or their own sworn law enforcement department, while more rural and smaller districts may have to wait an extended period of Ɵme for law enforcement response.

One of the experts interviewed by the Grand Jury observed, “The first and best line of defense is a well‐trained, highly alert staff and student body in a school.” Recent school tragedies in the news have received aƩenƟon in the media that someƟmes focuses on technology to make school sites more difficult to access rather than the failure to focus on the human factors and fundamentals of school safety. The same expert also noted a common thread across many, if not most of these tragedies, is “they involve allegaƟons of failures of human factors, not allegaƟons that some type of security hardware equipment failed. So we are moving and seeing this effort to have a skewed focus on target hardening. Physical security can play a tool, any type of technology is only as good as the weakest human link behind it.”
Repeated training for school staff and students is the best way to reduce the likelihood that people will “freeze” during an emergency. Not only is training required by State law, but it is also an important way to help make safety part of a school’s culture.

To be most effecƟve, training of teachers, administrators, and support staff should include training at the beginning of each school year but also throughout the year during regular teacher and staff meeƟngs. Tabletop exercises provide a cost‐effecƟve way to train in a variety of emergency scenarios. Appropriate training for subsƟtute teachers is an important element of school safety, but few districts have taken steps to assure they have received emergency informaƟon in a Ɵmely, effecƟve, and usable manner.

Training is best reinforced by drills. Drills are most effecƟve if the types and Ɵming of the drills are varied throughout the school year including drills at Ɵmes such as lunch, recess, or passing periods when students are not in a classroom. Students' involvement in drills, however, must be limited to age‐appropriate acƟviƟes and be designed to avoid the creaƟon of potenƟally harmful anxiety.

Special consideraƟon should be given to drills that reinforce training related to the needs of students with disabiliƟes. Tabletop exercises are an effecƟve way for staff to drill and prepare for a variety of emergency scenarios.

Safety emergencies can be confusing and traumaƟc, making effecƟve communicaƟon and incident command vitally important. Breakdowns in communicaƟons or response coordinaƟon can have catastrophic consequences. Schools and school districts will be responsible for noƟfying first responders and commanding the early stages of response to the emergency. They will be communicaƟng with employees, students, and parents/guardians during and aŌer the emergency while also being confronted with demands for informaƟon from the media and concerned community members. When first responders arrive on the scene of the emergency, they typically will take over command of the incident response, but at many schools, especially in rural areas,

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Packet Pg. 190 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 16 there may be an extended delay before appropriate professional responders can arrive at the scene. The school and the district must be prepared to command the response to the incident during this delay. The yearly schedule of drills should include drills that reinforce communicaƟon and incident command readiness.

The Incident Command System 100 (ICS‐100) training is a course provided by the Federal Emergency Management Agency (FEMA) that covers the basics of the Incident Command System (ICS), which is a standardized system used by emergency response organizaƟons to manage incidents and emergencies. The ICS‐100 course is designed to provide an introducƟon to the principles and structure of ICS, including key roles and responsibiliƟes, and the process of establishing a unified command during an emergency. The focus of ICS‐100 training is fourfold:

1. Improving communicaƟon: ICS‐100 training teaches responders how to use a common language and communicaƟon system to ensure that everyone is on the same page during an emergency.

2. Enhancing coordinaƟon: ICS‐100 training clarifies how responders work together and coordinate their efforts to respond effecƟvely to an emergency.

3. PromoƟng safety: ICS‐100 training emphasizes the importance of safety during an emergency and informs responders how to prioriƟze safety when responding to incidents.

4. Reducing confusion: ICS‐100 training provides a clear structure and framework for responding to emergencies, reducing confusion and ensuring that everyone knows their role in an emergency.

The Grand Jury discovered that within the County, while some school districts uƟlize ICS‐100 training, many do not, causing a security gap. When the Grand Jury inquired about ICS training with expert witnesses, the answer was universally in support of such training, tailored to the specifics of school sites. “I think it's useful. I think it's useful to understand how it all works in the big picture,” said an expert.

While the Grand Jury recognizes that annual training can be overwhelming to school staff, not all school site personnel require ICS‐100 training as much as those personnel idenƟfied in the CSSP incident command roles on school campuses (including classified employees).

While ICS‐100 training is focused on a school site, ICS‐402 training is directed towards execuƟve‐ level leadership (district cabinet‐level employees). ICS‐402 training is designed to provide educaƟon and training for those who may be responsible for managing large‐scale incidents or emergencies.

ICS‐402 training for senior‐level district staff members is important for several reasons:

1. Preparedness: School districts are responsible for the safety and well‐being of students and staff members. In the event of an emergency, having trained staff members who understand

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Packet Pg. 191 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 17 ICS and implement it effecƟvely is crucial in minimizing damage, prevenƟng injuries, and saving lives.

2. CoordinaƟon: Large‐scale emergencies involve mulƟple agencies and organizaƟons, making coordinaƟon and communicaƟon criƟcal. ICS‐402 training helps school district staff members understand how to work with other agencies and organizaƟons during an emergency, ensuring that everyone has the same understanding and that efforts are coordinated effecƟvely.

3. Legal compliance: In some states or jurisdicƟons, ICS training is required for emergency responders and other people who may be involved in emergency management. Providing ICS‐402 training to school district execuƟve staff members will ensure that the district is compliant with these regulaƟons.

4. Flexibility: The ICS system is flexible and scalable, which means that it can be used to manage emergencies of various sizes and types. By providing ICS‐402 training to district execuƟve staff members, districts ensure that they have a framework in place that can be adapted to different scenarios, from minor incidents to major disasters.

Overall, ICS‐402 training assists school district leadership to prepare for emergencies, coordinate response efforts effecƟvely, comply with regulaƟons, and be flexible in their response to emergencies.

Interviews with district administrators and discussions with school staff during site visits indicated a limited understanding of the material in a school’s CSSP. Many districts discuss safety at the beginning of the year during in‐service training and rarely return to the topic.

All districts presented evidence of monthly drills involving teachers and students throughout the year. Few districts, however, included uƟlizaƟon of communicaƟon and incident command structure (ICS) idenƟfied in their CSSPs during drills. Many districts informed the Grand Jury that they varied the day and Ɵme for scheduled safety drills, but only a few districts indicated they had intenƟonally scheduled drills during Ɵmes such as lunch, recess, or passing periods when students were not in their classrooms. This is when incident command structures are most criƟcal. Drills are made more effecƟve by presenƟng unexpected complicaƟons during the drill. One cost‐effecƟve variaƟon recommended by experts is for an administrator to stand in a doorway typically used during a fire evacuaƟon and inform students that the exit is blocked, forcing them to find another exit.

Many districts Ɵme evacuaƟon drills, but the Grand Jury found limited evidence that drills typically are followed by an analysis of what went well, what went wrong, and what needs to be changed in the future to improve plans and drills.

Findings

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Packet Pg. 192 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 18 F3.1 Feedback forms completed by attendees of the San Joaquin County Office of Education School Safety Summit and reviewed by the Grand Jury demonstrate the value and necessity of a Countywide School Safety Summit.

F3.2 Some of the districts failed to send representatives to the 2022 School Safety Summit, thereby missing an opportunity to work together to make schools safer.

F3.3 The Grand Jury learned through interviews, surveys, and site tours that many districts fail to include safety topics during regular meeƟngs with teachers and support staff throughout the school year, minimizing the importance of safety.

F3.4 The Grand Jury learned through interviews, surveys, and site tours that many school sites fail to assure subsƟtute staff receive the informaƟon they will need in the case of a school safety emergency, leaving the subsƟtute staff ill‐prepared for an emergency.

F3.5 Many districts fail to include the uƟlizaƟon of communicaƟon and incident command protocols (ICS‐100) during safety drills throughout the school year, causing miscommunicaƟon in an emergency.

F3.6 Many district cabinet‐level posiƟons (e.g., Superintendent, Chief Business Officer) are not trained in ICS protocols (ICS‐402), causing a lack of unified response to districtwide emergencies.

F3.7 Many school sites do not vary the Ɵme of day when rouƟne safety drills are conducted or when students are not in classrooms, making drills predictable and leaving students unprepared for emergencies that may occur at any Ɵme.

F3.8 Many school sites fail to include support staff (classified personnel) in probable real‐life roles during safety drills, leaving them unprepared to assist students in emergencies.

F3.9 Most school sites fail to conduct a post‐incident report aŌer drills analyzing what went well, what went wrong, and what needs to be changed in the future to improve plans and drills, undermining the effecƟveness of drills.

RecommendaƟons
The 2022‐2023 San Joaquin County Civil Grand Jury recommends that the County Office of EducaƟon and the 14 school districts in the County implement school safety programs that require the following acƟons:

R3.1 By December 1, 2023, the San Joaquin County Office of EducaƟon and the San Joaquin County Office of EducaƟon Board of Trustees develop, adopt, and host an annual School Safety Summit.

R3.2 By December 1, 2023, each school district send one or more representaƟves to the annual School Safety Summit hosted by the San Joaquin County Office of EducaƟon.

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Packet Pg. 193 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 19 R3.3 By September 1, 2023, safety topics be an agenda item at all school site staff meeƟngs with teachers and support staff throughout the school year.

R3.4 By September 1, 2023, districts develop, adopt, and implement wriƩen procedures for school sites to provide subsƟtute staff with the informaƟon they will need in case of a school emergency.

R3.5 By October 1, 2023, personnel idenƟfied in the school CSSP for incident command roles be trained and cerƟfied in ICS‐100 protocols.

R3.6 By October 1, 2023, ICS‐402 training be completed for all district‐level execuƟve leadership.

R3.7 By October 1, 2023, scheduled safety drills be conducted on different days throughout the school year and at various Ɵmes throughout the school day, including when students are not normally in their classrooms.

R3.8 By October 1, 2023, scheduled safety drills include support staff (classified) in probable emergency roles during the year and document their parƟcipaƟon.

R3.9 By October 1, 2023, administrators create a post‐incident report aŌer all safety drills.

4.0 School Site Visits
The Grand Jury visited 15 school sites and observed and reviewed safety protocols. One school was chosen from each of the 14 districts and one dependent charter school from the San Joaquin County Office of EducaƟon. At each site, the following safety components were evaluated and observed:
 Access Control ‐ including entry procedures and perimeter fencing or barricades.  Classrooms ‐ including door locks, window coverings, emergency procedures and evacuaƟon route posƟngs, and any emergency supplies.
 Common Areas ‐ evacuaƟon routes posted at all entry/exit doors.  Overall condiƟon of the campus.
 Special ConsideraƟons ‐ including transportaƟon corridors, train tracks, or topography.  RelaƟonships between students, staff, and parents.

Access Control
Three schools uƟlized the Raptor system, which takes a picture of the visitor’s idenƟficaƟon and prints the ID picture onto a customized name badge. The system also screens and tracks all visitors.

Only one of the three schools uƟlizing this system had the Grand Jury visitors return their badge at the end of the tour, which would prevent re‐entry. Six schools performed some form of idenƟficaƟon check, either with a driver’s license or the Grand Jury IdenƟficaƟon, and/or required a sign‐in. Six schools did not ask for any idenƟficaƟon and no sign‐in was required.

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Packet Pg. 194 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 20 Perimeter fencing at a school is a complicated issue. It is costly to install perimeter fencing around a school and it can make the campus seem and look like a prison. However, fencing can be an effecƟve means of controlling who comes onto campus. It can also give a false sense of security and unless all gates are monitored and remain locked, the end result can be the same as if there were no fencing. Of the 15 sites visited, three did not have any or had very liƩle perimeter fencing. One of those sites had conducted a parent survey regarding the issue and the results were closely divided between those who wanted the fencing and those who did not.

CommendaƟons
Lincoln Unified uƟlized the Raptor system at the site visit and took our badges at the end of the tour, uƟlizing best pracƟces in visitor sign‐in procedures.

Banta Unified employed the best physical barrier system. Their check‐in procedure involved being buzzed in through a half‐door to a small waiƟng area where idenƟficaƟon was checked and the sign‐in form was completed with both Ɵme and date before being buzzed into the office.

Classrooms
At least one classroom was toured at each school. EvacuaƟon routes were posted in all classrooms visited. Some maps were beƩer than others. Some maps were too small, and one school posted a campus map in every classroom but didn’t mark the classroom’s locaƟon or what route to follow for evacuaƟon.

There were inconsistencies across the school sites visited regarding door‐locking procedures. The schools visited by the Grand Jury usually kept doors locked at all Ɵmes. While one school said that it kept doors locked and closed, the Grand Jury observed a classroom door propped wide open. Many schools uƟlized a lock block system, which allowed the door to be opened while quickly returning to a locked posiƟon with a slide or flip of the switch. Some schools uƟlized a standard key system for locking doors.

Some schools used flip charts with summaries of what to do in different types of emergencies. The schools that do uƟlize this form of emergency procedures communicaƟon did not always post them in the same area of each classroom or noƟfy all staff that they had them. One school’s Assistant Principal conducƟng the Grand Jury’s tour was unaware of the flip charts, what they were, or where they were located.

About one‐half of the classrooms visited had some form of an emergency informaƟon packet (folder/binder) and a few classrooms had emergency backpacks or tubs with paperwork and supplies to be taken in the event of an emergency.

A majority of the schools visited had window coverings, consisƟng of verƟcal or horizontal blinds, but some were old and in disrepair. If the classroom had uncovered door windows, they would

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Packet Pg. 195 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 21 need to be shielded in the event of a lockdown. Two of the schools uƟlized a magneƟzed shield that was the same size as the window to slide over to cover.

CommendaƟons
New Hope Elementary School District covered its windows with magnets that had emergency procedures printed on them, serving two purposes.

Jefferson Unified uƟlized very creaƟve ways to obscure windows with the use of long roller shades installed above the double glass doors to the library. They also used emergency kits in the classrooms and found an inexpensive and effecƟve way to use a magnet to allow the door to be open while sƟll locked.

Common Areas
The Grand Jury considered the common areas (cafeterias, gymnasiums, libraries, and mulƟpurpose rooms) to be the most dangerous place to be during an emergency. The majority of the common areas lacked adequate evacuaƟon route signs. Some schools had no evacuaƟon route signs, some had one or two posted near a door, but not consistently at every door. Most had other safety equipment available, such as fire exƟnguishers and Automated External Defibrillators (AEDs). One school’s AED box was open and empty. These observed deficiencies are parƟcularly significant when the public is using the space during non‐school hours.

Campuses Overall
One expert emphasized the importance of campus culture, “[a]nd just looking at the overall climate of the school…school engagement, school ownership, school pride, school artwork and items that children make and contribute that are part and present in the overall school.” Most schools visited were well‐maintained and Ɵdy. Whether they were built recently or decades ago, the majority of campuses toured showed the care and pride of the staff that worked there and the students who aƩended. Some were freshly painted, had newly planted landscaping, new bark spread out, new picnic tables, and new shade structures, or were very neatly maintained. One older campus desperately needed aƩenƟon. The ramps to the portable classrooms were in disrepair, and the playground was in poor condiƟon, with uneven surfaces creaƟng puddles and tripping hazards.

However, the campus that was in this state of disrepair had the best and brightest bulleƟn boards scaƩered throughout campus, each with a different theme, showing pride in their campus.

Special ConsideraƟons
Of the school campuses toured, there were several special consideraƟons that should be addressed in the individual site’s CSSP. Several school sites were rurally located, resulƟng in emergency responders having a much longer response Ɵme. One campus was located in an area prone to flooding. Another campus was located much lower than the adjacent interstate, and a vehicle accident on the interstate could become airborne, potenƟally landing on the field of the school.

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Packet Pg. 196 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 22 One campus was located directly next to a major train track, and while the tour was being conducted, two trains went by. The Grand Jury asked the tour leader about planned emergency responses to train derailments and was informed that none existed.

RelaƟonships
The campuses visited represented a spectrum of relaƟonship‐based leadership and school culture.

A majority of the campuses visited appeared to have a posiƟve school culture. Many administrators knew one or more children’s names and conversed with them, sincerely engaging with students. At one campus of 700 students, the Principal knew the staff, students, and parents/guardians. At the other end of the relaƟonship spectrum, an Assistant Principal leading the Grand Jury tour seemed disinterested and disengaged with both the tour and student interacƟons, only stopping to ask a student why she was out of class.

Findings
F4.1 Not all school sites have check‐in procedures in place that were followed consistently, posing serious security threats.

F4.2 Perimeter fencing or an “open” campus each pose security challenges and require careful consideraƟon to miƟgate security shortcomings.

F4.3 EvacuaƟon maps that are posted inconsistently or do not adequately illustrate evacuaƟon routes cause confusion and prolonged evacuaƟon Ɵmes, making staff and students vulnerable to harm in both classrooms and common areas.

F4.4 Inconsistent door‐locking policies and failure to follow policies create opportuniƟes for perpetrators to enter classrooms and common areas.

F4.5 Most school sites uƟlized flip charts that idenƟfy steps to be taken in case of emergencies, however, none of the sites posted them in all rooms used by students, staff, parents/guardians, and the general public.

F4.6 Insufficient window coverings give perpetrators a clear line of sight, creaƟng risk for students and staff.

F4.7 Most school sites, regardless of age, were well maintained and showed school pride. One school site demonstrated mulƟple maintenance shortcomings, which can negaƟvely impact safety.

F4.8 Good relaƟonships among administrators, cerƟficated and classified staff, parents, and students are vital to promptly idenƟfy and address areas of concern, parƟcularly regarding student behavior. RelaƟonships varied greatly from campus to campus.

F4.9 The culture of safety is best developed by public transparency and involvement by all parƟes. Few of the school sites visited by the Grand Jury demonstrated meaningful public engagement in safety planning.

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Packet Pg. 197 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 23 Recommendations
The 2022‐2023 San Joaquin County Grand Jury recommends that the County Office of EducaƟon and the 14 school districts in the County implement school safety programs that require the following acƟons:

R4.1 By October 1, 2023, each school site implement an access control program that consistently includes verifying visitors' idenƟty and collecƟon of any issued badge before the visitor leaves the school site.

R4.2 By March 1, 2024, districts develop, adopt, and implement a plan for effecƟve perimeter control of access at all school sites.

R4.3 By September 1, 2023, all school sites post evacuaƟon maps clearly showing routes from the “You Are Here” perspecƟve be prominently posted at each entry or exit door locaƟon in both classrooms and common areas.

R4.4 By March 1, 2024, districts develop, adopt, and implement a plan for door‐locking policies to secure classroom and common area doors.

R4.5 By March 1, 2024, all school sites post flip charts or similar summaries of emergency procedures be posted in all classrooms and common areas.

R4.6 By March 1, 2024, all school sites ensure window coverings are provided for all windows, thereby not allowing a perpetrator a clear line of sight into a classroom or common area.

R4.7 By October 1, 2023, the Board of Trustees, during a public meeƟng, review and discuss the findings and recommendaƟons of the 2022‐2023 San Joaquin County Civil Grand Jury report, Case #0322 – School Safety in San Joaquin County: Developing a Culture of Safety.

Conclusion
The Grand Jury appreciates the cooperation of all public school districts in San Joaquin County, along with the San Joaquin County Office of Education.

School districts in San Joaquin County have taken important steps to make schools safer, but more can and should be done to reduce safety threats. While no one can predict an emergency, proper training, drills, plans, and creating a positive school culture, including a strong safety culture, can best mitigate tragic outcomes from those emergencies.

Parents/guardians can help make schools safer by:
 Asking if school emergency guidelines are tested and exercised.  Determining whether your school has policies and procedures on security and emergency preparedness.
 Examining access to school campuses.

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Packet Pg. 198 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 24  Making sure accurate and timely safety information is shared.

Disclaimers
Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929).

Response Requirements
California Penal Code Sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report.

Note: If the responder is an elected official, the response must be sent within 60 days of receipt.

Public School Boards and Law Enforcement
RESPONDING AGENCY RECOMMENDATIONS
Superintendent, San Joaquin
County Office of Education
F2.1‐2.11, 3.1‐3.9, & 4.1‐4.9
R2.1‐2.3, 2.5‐2.11, 3.1‐3.9, & 4.1‐4.7
Banta Unified School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Escalon Unified School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Jefferson School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Lammersville Unified School
District
F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9
R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Lincoln Unified School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Linden Unified School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Lodi Unified School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Manteca Unified School
District
F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9
R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7

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Packet Pg. 199 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 25 RESPONDING AGENCY RECOMMENDATIONS
New Hope Elementary School
District
F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9
R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
New Jerusalem School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Oak View Elementary School
District
F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9
R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Ripon Unified School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Stockton Unified School
District
F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9
R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Tracy Unified School District F2.1‐2.11, 3.2‐3.9, & 4.1‐4.9 R2.1‐2.3, 2.5‐2.11, 3.2‐3.9, & 4.1‐4.7
Escalon Police Department F2.4
R2.4
Lathrop Police Department F2.4
R2.4
Lodi Police Department F2.4
R2.4
Manteca Police Department F2.4
R2.4
Ripon Police Department F2.4
R2.4
Stockton Police Department F2.4
R2.4
Tracy Police Department F2.4
R2.4
San Joaquin County Sheriff F2.4
R2.4

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Packet Pg. 200 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) 26 Mail or hand deliver a hard copy of the response to:

Honorable Michael D. Coughlan, Presiding Judge
San Joaquin County Superior Court
180 E Weber Ave, Suite 1306J
Stockton, California 95202
Also, please email a copy of the response to Mr. Irving Jimenez, Staff Secretary to the Grand Jury, at [email protected].

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Packet Pg. 201 Attachment: 2022-2023 San Joaquin County Grand Jury (3943 : Grand Jury Response - Final) August XX, 2023
Honorable Michael D. Coughlan, Presiding Judge
Superior Court of California, San Joaquin County
180 E. Weber Ave, Suite 1306J
Stockton, California 95202
Dear Judge Coughlan,
The City of Ripon welcomes the opportunity to respond to the 2022-2023 San Joaquin Grand Jury Case #0322 Report regarding School Safety: A Shared Responsibility. The City of Ripon always welcomes independent review of security measures and safety plans of the school sites within our community, and thanks the Grand Jury for its efforts.

The City of Ripon has reviewed the report provided and implemented many of the recommendations. The City of Ripon would also like to take the opportunity to address the Report’s findings and recommendations. Our comments follow below.

Grand Jury Findings:

F2.4 Many district CSSPs show a lack of meaningful collaboration between districts and local law enforcement agencies, causing confusion and chaos during an emergency.

The Ripon Police Department has long enjoyed a mutually beneficial relationship with the Ripon Unified School District, working collaboratively on a variety of issues and ongoing challenges. The partnership includes administrative and school site security evaluations, suggestions, and discussion, along with input and planning into the Ripon Unified School District and the individual school sites CSSPs, culminating in staff development training between the entities and practical training exercises.

Finding F2.4 does not specifically reference the Ripon Unified School District or the City of Ripon when discussing the perceived lack of inter-district collaboration. Fortunately, Finding F2.4 does not apply to Ripon Unified School District and the City of Ripon. Thus, to the extent Finding F2.4 is intended by the Grand Jury to apply to RUSD and the City of Ripon, the City of Ripon respectfully disagrees with the finding. More generally, theThe Ripon Police Department re-affirms the importance of ongoing meaningful collaboration with the Ripon Unified School District in the preparation and updating of the Comprehensive School Safety Plan, which has been on-going between the two entities.

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Packet Pg. 202 Attachment: Grand Jury Revised Response_20230713 (3943 : Grand Jury Response - Final) Grand Jury Recommendations:

In responding to the Grand Jury’s recommendations, we note each recommendation and the City of Ripon’s response follows.

R2.4 By December 15, 2023, each law enforcement agency in San Joaquin County meaningful ly collaborate and approve the updated CSSP for school sites within that agency’s jurisdiction.

The City of Ripon Police Department and other governmental agencies within our jurisdiction began collaborating with the Ripon Unified School District in September of 2022 to update the current CSSPs. The City of Ripon Police Department will continue to work with the Ripon Unified School District and other involved agencies to update and approve the CSSP.

The City of Ripon would like to once again thank the Grand Jury for its effort in their review of the City’s security posture. The City of Ripon agrees that it is vital that all local municipalities implement sufficient safeguards to protect their information systems and continue to supply vital resources to their constituents.

Please let us know if there is anything further that you require.

Michael Restuccia, Mayor

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Packet Pg. 203 Attachment: Grand Jury Revised Response_20230713 (3943 : Grand Jury Response - Final)

Ripon City CouncilAugust 8, 2023

Ripon City Council
August 8, 2023