Minutes — Ripon City Council, September 12, 2023

Ripon City Council Minutes
TUESDAY, SEPTEMBER 12, 2023 – 6:00 PM

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

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

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

OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra (remote), Planning Director Ken Zuidervaart, City Clerk Lisa Roos, Alan Jeppson, Rick Fairbanks.

IN THE MATTER OF:
(1) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 245-180-23
(2) Personnel Negotiations Pursuant to Section 54957.6 of the California Government Code - Bohannon Insurance Group: 2024 Health and Welfare Renewals (3) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code - 1 case
(4) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Unrepresented Employees
Alan Jeppson and Rick Fairbanks left at 5:40 PM.

Planning Director Ken Zuidervaart arrived at 5:44 PM.

Return to open session.

City Attorney Terpstra said Council met in closed session to discuss a variety of matters, receive an update on property negotiations and decide to retain the services of an acquisition attorney.

Staff was given direction and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

City Council Page 2 September 12, 2023
INVOCATION:

Pastor Mark Van Dyke gave the invocation.

ROLL CALL:

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 Alex Arias, Mark and Pam Van Dyke, Kim Ormonde, Joshua Mann, Kelly Donohue, Michael Musca.

PUBLIC DISCUSSION:

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

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council Meeting of August 8, 2023.

RESULT: ADOPTED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
AWAY: Uecker

1. CITY COUNCIL - REGULAR MEETING - AUG 8, 2023 6:00 PM APPROVAL OF MINUTES:

Motion to approve the minutes of the Special City Council Meeting of August 28, 2023.

RESULT: ADOPTED [3 TO 0]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, Barton
ABSTAIN: de Graaf
AWAY: Uecker

2. CITY COUNCIL - SPECIAL MEETING - AUG 28, 2023 3:00 PM City Council Page 3 September 12, 2023
APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Vice Mayor Zuber requested Items 1.3A, 1.4C and 1.4E be pulled from the Consent Calendar for discussion.

Mayor Restuccia requested Item 1.2A be pulled from the Consent Calendar for discussion.

Michael Musca requested Item 1.4B be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Daniel de Graaf, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton
AWAY: Uecker

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

RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton
AWAY: Uecker

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(August 2022 $591,065.04)
FY 2023-24 YTD: $815,782
FY 2022-23 YTD: $968,204
Highway Users Tax
(July 2022 $39,070.97)
FY 2023-24 YTD: $40,269
FY 2022-23 YTD: $39,071
SB1 Street & Road Tax
(August 2022 $27,017.41)
FY 2023-24 YTD: $62,489
FY 2022-23 YTD: $56,244
$436,329.34
$40,268.77
$30,484.64
TOTAL $507,082.75
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
August 2023 $1,271.90
City Council Page 4 September 12, 2023
C. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – June 2023 $24,016.28

1.2. Bills, Invoices, Payments
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. US BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $420,950.01 C. US BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $254,612.33
D. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
$7,080.00
$324.89
$2,060.00

TOTAL $9,464.89
E. CITY OF STOCKTON
Ripon Share of Library Operating Costs 2023-2024
Invoice #110463 $22,200.00
F. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #31384 $22,105.00
G. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
June Invoice #AR113683 $1,730.16
H. VAUGHAN CONSTRUCTION
Animal Shelter Door Replacement Project
Invoice #4273 $32,808.80
I. KEESEY DESIGN
Design/Graphic Services for the 122 N. Elm-Townhouse
Concept Project - Phase 2 Progress Payment $1,485.00
J. BASECAMP ENVIRONMENTAL, INC.

South County Water Project
Progress Payment – Invoice #52244 $326.25
K. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #28835 $405.00
L. STANTEC
City Council Page 5 September 12, 2023
Wastewater Discharge Permit Groundwater Monitoring
2nd Quarter 2023 - Invoice #2114986 $2,000.00
M. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #59088 $4,868.75
N. VAUGHAN CONSTRUCTION
Sidewalk Trip Hazard Repairs
Progress Payment – Invoice #4272 $790.00
O. TERRACON CONSULTANTS, INC.

Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TJ82586
Invoice #TJ88909
$3,776.00
$1,347.00
TOTAL $5,123.00
P. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #6 $983,697.11
Q. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #25/622-03-20 $14,092.50

1.3. Resolutions
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT

1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT
WGR Southwest, Inc. Approve and authorize the Mayor to
sign the agreement with WGR
Southwest, Inc. to (1) assist City staff
with completing the State mandated
stormwater regulatory requirements and
reporting as required by the City's
General Storm Water Permit; and (2)
provide storm water compliance support
for private and development projects, in
the not to exceed amount of $35,972
(funding sources: Sewer Operating Fund
and private development
reimbursement).

City Council Page 6 September 12, 2023
B. ITEM B WAS MOVED TO ITEMS PULLED FROM CONSENT
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. PARCEL MAP
Parcel Map No. 22-15 Accept Parcel Map No. 22-15 (744 N.

Jack Tone Road - Burger King and
Popeyes) and authorize the Mayor, City
Engineer and City Clerk to sign for
recording.

E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. PROFESSIONAL SERVICES AGREEMENT
Energy Storage Response Group Approve and authorize the Mayor to sign the Professional Services
Agreement and Mutual Non-Disclosure
Agreement with Energy Storage
Response Group to provide peer review
services of Broad Reach Power's battery
storage project safety reports in the not
to exceed amount of $15,000 (funding
source: Reimbursement Agreement with
Broad Reach Power).

G. ROADWAY STRIPING MAINTENANCE CONTRACT
Chrisp Company Approve and authorize the Mayor to
sign the contract with Chrisp Company
to provide roadway striping on multiple
streets throughout the City in the not to
exceed amount of $50,645 (funding
source: Street & Road Operating Fund.)

ITEMS PULLED FROM CONSENT

1.2A : BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees $52,854.57
Mayor Restuccia wished to recuse himself from the vote because he is a paid elected director for the Bank of Stockton.

Mayor Restuccia left the meeting.

City Council Page 7 September 12, 2023
Motion to approve Item 1.2A Bank of Stockton Invoice.

RESULT: ADOPTED AS AMENDED [3 TO 0]
MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton
ABSTAIN: Restuccia
AWAY: Uecker
Mayor Restuccia returned to the meeting.

RESOLUTION NO. 23-42

1.3A : A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
ADOPTING AMENDMENT NO. 4 TO

THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2021 - 2024 FOR ALL

EMPLOYEES OF THE CITY OF RIPON

POLICE SERGEANTS' ASSOCIATION
This resolution adopts Amendment No. 4
of the 2021 - 2024 Memorandum of
Understanding for all employees of the
City of Ripon Police Sergeants’
Association.

Vice Mayor Zuber said he understands that this wage adjustment is not for a new position but that existing Sergeants are going to rotate through this position.

Chief Ormonde said that is correct, it will be a temporary position. He continued and said each current Sergeant will rotate through an administrative Sergeant position for a period.

Chief Select Sauer will then make a decision whether or not to move forward with choosing one of the Sergeants for the Lieutenant position.

Zuber asked if this position has regular business hours or will they rotate through on a 24- hour cycle. Ormonde said there will be one Sergeant assigned to this position at a time and will be a 9/80 schedule. He said after hours, the Sergeant would be on call.

Motion to approve Resolution 23-42 adopting Amendment No. 4 to the Memorandum of Understanding for all employees of the City of Ripon Sergeants’ Association (RSA) for Fiscal Years 2021 - 2024.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
City Council Page 8 September 12, 2023

1.4C : SOLID WASTE DISPOSAL AGREEMENT
Gilton Resource Recovery Approve and authorize the Mayor to sign the agreement with Gilton Resource
Recovery for residential municipal solid
waste processing in order to comply with
the State mandated requirements of Senate
Bill 1383.

Vice Mayor Zuber said the staff report says there is no change to the current way garbage is collected. He said there is going to be an increase in costs because we have to send it somewhere else. Public Works Director Pease confirmed.

Zuber asked if resident’s garbage rates would go up. Pease said they would, the tipping fees are increasing to $240,000 to $260,000 per year. He said the utility rate study would give more detail at the end of the year, but it looks as though it will be a 12% increase.

Mayor Restuccia said that was cheaper than adding another can. Pease confirmed.

Restuccia said based on the law that was imposed on the City by the State, the City chose the most cost effective option for the residents. Pease confirmed this was more cost effective than a two-can or three-can system. Pease said even if the City has chosen a two-can system, the waste would have been sent to a high diversion center, incurring the same fees.

Council Member Barton said the Gilton rate per ton is $115 and asked how that compares to our current cost. Pease said the City currently pays about $70 per ton.

Barton asked if that additional cost is primarily transportation. Pease said no, it is the tipping fees.

Barton asked City Administrator Werner how much the State is reimbursing the City for the additional $260,000 that is being imposed by this State mandate. Werner said there is no reimbursement.

Motion to approve and authorize the Mayor to sign the agreement with Gilton Resource Recovery for residential municipal solid waste processing in order to comply with the State mandated requirements of Senate Bill 1383.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
City Council Page 9 September 12, 2023

1.4E : FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

Change Order No. 5
Approve Change Order No. 5 for various
contract changes related to unforeseen
field conditions, electrical design changes,
and new Modesto Irrigation District
requirements in the not to exceed amount
of $62,905 (funding sources: Corp Yard
AB1600 Fund, Enterprise Capital Funds,
and General Capital Fund).

Vice Mayor Zuber asked what Modesto Irrigation District (MID) plans on doing with two four-inch conduits that were not there before. City Administrator Werner said this is where MID will pull primary power from their facility to the City’s facility.

Zuber questioned why these conduits were not included in the original plans. Werner said he believes the engineer thought this was included in the process.

Zuber asked how this affects the contingency amount. Werner said there would be about $914,000 left in the contingency after this change order. He said about 18% of the contingency has been used and the project is 26% complete.

Motion to approve Change Order No. 5 for various contract changes related to unforeseen field conditions, electrical design changes, and new Modesto Irrigation District requirements in the not to exceed amount of $62,905.

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

1.3B : DEVELOPMENT AGREEMENT EXTENSION REQUEST
Meadowood Development Approve a one-year extension of the Meadowood Development Agreement
expiration date.

Michael Musca said the Meadowood development is significant in both size and location and asked why the development agreement is being extended.

Planning Director Zuidervaart said there was a development agreement amendment in 2022. He said that typically the development agreement provides three years to start the project and then a one-year extension option. He said that recently the development projects are taking longer to start due to several factors. Zuidervaart said this project has run into difficulties with rising interest rates and infrastructure costs. The developers have been actively looking for a builder for this project. The 2022 amendment gave them up to five years to start the project and the option to ask for five one-year extensions because City Council Page 10 September 12, 2023
our development agreements are ten-year agreements. He said the one-year extensions are at the discretion of the Council.

Joshua Mann, Mid Valley Engineering representing the developers, said there has been a series of issues going back to COVID. He said up until 2019 they had been working with a builder but it fell through due to COVID. He said they ran into high material costs and have been looking for ways to make the project viable. Mann said there is large infrastructure cost with having to underground the canal. He said they are working with a national builder and it looks promising.

Motion to approve a one-year extension of the Meadowood Development Agreement expiration date.

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

2. ORDINANCES
Second Reading and Adoption
A. ORDINANCE NO. 925

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 along with
various text cleanup/updates.

Motion to waive the second reading and adopt Ordinance 925 amending Chapter 5.40 "Licensing and Regulations of Special Events".

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
City Council Page 11 September 12, 2023

3. DISCUSSION ITEMS
A. CITY OF RIPON POET LAUREATE PROGRAM
Discussion/Action If the City Council is interested in moving forward with a City Poet Laureate grant
program from the Library and Literacy
Foundation of San Joaquin County,
authorize staff to prepare an agreement
with the Foundation to receive grant
funding and move forward with a City
Poet Laureate program.

City Administrator Werner said Mayor Restuccia and himself met with Moses Zapien from the Library and Literacy Foundation of San Joaquin County (Foundation). The Foundation has offered the opportunity of a $15,000 three-year grant to the City in order to pursue a City Poet Laureate program. He said they have offered this to all cities within San Joaquin County.

Werner referenced the requirements outlined in the staff report. Werner said staff is looking for direction from Council in three areas: City interest in moving forward and wanting to authorize staff to move forward with an agreement with the Foundation, defining the process for choosing a poet laureate, and the funding distribution options.

Moses Zapien CEO of the San Joaquin Community Foundation said he was delighted to be here and to offer the City of Ripon this opportunity. He said the funding is flexible and may be used as the Council sees fit to administer to program.

Mayor Restuccia asked which cities are not yet participating. Zapien said that currently Ripon, Lathrop and Escalon are not participating in the Poet Laureate Program.

Vice Mayor Zuber said he thinks the Council should broaden the composition of committee responsible for choosing the Poet Laureate. He said because they are going to be working with the schools, it should include people from the schools, not just Ripon Unified, but Ripon Christian as well.

Zuber asked if the $2,000 mentioned in the staff report for administrative costs would come out of the $15,000 grant. Werner said it could if the Council desires. Zuber said he preferred that we did not.

Restuccia asked if the grant funds given over a three-year period or immediately. Zapien said the grant money would be provided up front.

Restuccia asked what happens at the end of the three years. Zapien said if the Program is successful and the City wishes to continue, the Foundation would look favorably at the idea of providing a second grant.

City Council Page 12 September 12, 2023
Council Member de Graaf echoed Zuber’s comments regarding who needs to be involved in the committee to choose the Poet Laureate.

Barton said that ultimately he hopes there is some oversight in the kind of material being produced. He said if this devolves into an opportunity for people to tell us how terrible a place Ripon is, then he is not interested.

Council would like a committee to bring them a recommendation of a City Poet Laureate and not be on the committee. Staff was given direction to put together an agreement with the Foundation and assemble a selection committee.

REPORTS
Department Heads:

Chief Ormonde said he wanted to thank the Council for their care and dedication to the community and said he appreciates the work they have done to help keep Ripon the community it is.

Vice Mayor Zuber said he speaks for the entire Council when he says that they feel exactly the same way about Chief Ormonde and what he has done for this community.

Council Member Barton said it has been a great privilege to get to know Chief Ormonde and this town has benefitted greatly from his leadership of the Police Department. He said that in terms of character, dedication and love for one’s city, he could not imagine another police chief in America that would exceed the standard set by Ormonde during his tenure. Barton said he is grateful for Ormonde’s service to the community and he will be greatly missed. Barton said he is also grateful for the successor chosen and believes him to be a man of high character. de Graaf said he wanted to thank Ormonde for his guidance and dedication to the community and what he has given for this town. He said Ormonde would be missed as a leader, as Chief and as a friend. He said the Council wishes him success and happiness in life.

Restuccia said he has served on several boards and seen many leaders retire, but Ormonde’s retirement is quite significant for him.

City Administrator Werner said it has been an absolute pleasure to work with Ormonde and he appreciates him personally and professionally. He said he appreciates the fact that Ormonde has considered every detail in his work. Ormonde has made a significant contribution to the community and it has been a joy to work with him. Werner said he would miss him.

Planning Director Zuidervaart said there would not be a Planning Commission meeting on Monday.

Zuidervaart said he wanted to echo the comments from Council and Werner. He said people in this town are like family and the community is grateful for the job Ormonde has done and the safety he has provided. He said Ormonde’s contributions are evident in this town. The small things done every day are what keep a community as safe and nice as Ripon.

City Council Page 13 September 12, 2023
Public Works Pease said August water usage is down 17% from 2013 numbers and up 4% from last year’s numbers.

Pease said the large item pick-up program is ending this month.

Pease said Public Works has worked closely with the Police Department over the years and it has never been an issue, it has been an easy team effort to do what is best for the community. The effects of Ormonde’s leadership are evident in the officers that Public Works interacts with. He said he appreciates everything Ormonde has done.

City Attorney Terpstra said the position of Police Chief in a town like Ripon can become a very politicized one, but Ormonde has performed his job with the integrity and humility.

City Council:

Uecker said with all the years he has been there Ormonde has done a great job. He said he never had any complaints from any residents about Ormonde.

Council Member de Graaf said he wanted to thank everyone for attending.

There being no further business, the meeting was adjourned at 6:42 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, AUGUST 08, 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) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 2 cases.

City Attorney Terpstra said Council met in closed session to receive an update on pending matters and to approve legal invoices, staff was given direction and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Reverend Matt Riddle gave the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
Dean Uecker Council Member Remote
1 Packet Pg. 14
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 2 August 8, 2023
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Associate Civil Engineer Christiana Giedd, Police Chief Ed Ormonde, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Reverend Matt Riddle, Steven Verver, Kelly Donohue, Belinda Williamson.

PUBLIC DISCUSSION:

City Clerk Roos said staff received a public comment from Marty Harris. It is a letter to the San Joaquin County Board of Supervisors. She said it will be accepted as correspondence and she has given the Council each a copy of the letter. She said it will not be read into the minutes because it exceeds the 250-word limit.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council meeting of July 11, 2023 and the Special City Council Meeting of July 26, 2023.

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

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

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

Vice Mayor Zuber requested Item 1.4J be pulled from the Consent Calendar for discussion.

Associate Civil Engineer Giedd requested Items 1.2E, 1.2F, 1.4D and 1.4E be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1 Packet Pg. 15
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 3 August 8, 2023

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

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

1.1. 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
1 Packet Pg. 16
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 4 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. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. ITEM F WAS MOVED TO ITEMS PULLED FROM CONSENT
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
J. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #24/622-03-20 $19,487.50
1 Packet Pg. 17
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 5 August 8, 2023
K. WGR SOUTHWEST, INC.

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

1.3. Resolutions
A. RESOLUTION NO. 23-39

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. 23-40

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. 23-41

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.
1 Packet Pg. 18
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 6 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. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
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.
1 Packet Pg. 19
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 7 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. ITEM J WAS MOVED TO ITEMS PULLED FROM CONSENT

ITEMS PULLED FROM CONSENT

1.2E : SORACCO, INC.

Well 19 Pump Station Project
Progress Payment – Invoice #17 $4,749.49
Associate Civil Engineer Giedd said Soracco had submitted an invoice and upon further review by staff, it was found to be incorrect. The amount should be a credit of $4,790.79.

Motion to approve Item 1.2E Soracco Invoice as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
1 Packet Pg. 20
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 8 August 8, 2023

1.2F : D.A. WOOD CONSTRUCTION, INC.

Stockton Avenue Rehabilitation Project
Progress Payment – Invoice #19 $1,356.00
Associate Civil Engineer Giedd said D.A. Wood submitted an invoice and upon further review by staff, it was found that the contractor had been underpaid, resulting in a new invoice amount of $44,827.05.

Motion to approve Item 1.2F D.A. Wood Construction Invoice as amended.

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

1.4D : WELL 19 PUMP STATION
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.

Associate Civil Engineer Giedd said the retention changed from $90,546.83 to $90,044.71.

Motion to accept the work completed by Soracco, Inc. and authorize the filing of a Notice of Completion with retention ($90,044.71) to be paid 35 days after recording of notice.

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

1.4E : 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.

Associate Civil Engineer Giedd said the retention changed from $273,936.61 to $276,224.56.
1 Packet Pg. 21
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 9 August 8, 2023
Motion to accept the work completed by D.A. Wood Construction, Inc. and authorize the filing of a Notice of Completion with retention ($276,224.56) to be paid 35 days after recording of notice.

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

1.4J : DONATION
Johnston-Crawford Family Accept the donation from the JohnstonCrawford family of a Valley Oak tree to be planted at Stouffer Park. (donation: $250).

Vice Mayor Zuber said he wanted to thank the Johnston-Crawford family for their donation of a Valley Oak tree at Stouffer Park. He said the park is a nice place to go and this will add to it.

Motion to accept the donation from the Johnston-Crawford family of a Valley Oak tree to be planted at Stouffer Park.

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. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 925

AN ORDINANCE OF THE CITY

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

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

Planning Director Zuidervaart said the staff report summarizes the direction and changes that Council provided at the July 26, 2023 Special Meeting and the April 11, 2023 City Council Meeting.

Vice Mayor Zuber said this ordinance clarifies the issues that were raised. 1 Packet Pg. 22
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 10 August 8, 2023
Motion to waive the first reading and introduce Ordinance 925 amending Chapter 5.40 "Licensing and Regulations of Special Events".

RESULT: FIRST READING [UNANIMOUS] Next: 9/12/2023 6:00 PM MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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”.

Planning Director Zuidervaart said this is the second reading and adoption of Ordinance 921 adding Recreation Vehicle Storage to the Heavy Industrial Districts.

Motion to waive the second reading and adopt Ordinance 921 amending Chapter 16.12, entitled “Definitions and Use Classification Systems” and Table 16.24.1, entitled “Uses in Industrial Districts”.

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

Planning Director Zuidervaart said this is the second reading and adoption of Ordinance 922 finalizing the rezoning of properties owned by Ripon Christian to allow for the future expansion of the campus.
1 Packet Pg. 23
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 11 August 8, 2023
Motion to waive the second reading and adopt 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: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, de Graaf, Barton, Uecker
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.

Planning Director Zuidervaart said this is the second reading and adoption of Ordinance 923 to address Council’s concerns regarding the Commissions appointment process. He said there is now a clear, concise process.

Motion to waive the second reading and adopt Ordinance 923 amending Chapter 2.15 Commissions of the Ripon Municipal Code providing necessary updates and clarification to the commission application and appointment process.

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

3. DISCUSSION ITEMS
A. 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".

Chief Ormonde said this is the second draft that includes the comments from the last council meeting. He said this letter is in response to Grand Jury Case No. 0322 regarding, “School Safety: A Shared Responsibility”.

Mayor Restuccia said he liked the changes that were made to the letter. 1 Packet Pg. 24
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 12 August 8, 2023
Motion to 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”.

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

REPORTS
Department Heads:

Chief Ormonde said there is an Area of Responsibility (AOR) meeting for Area 3 at 7:00 PM in the Emergency Operations Center August 9, 2023.

Ormonde said the Countywide Saturation Traffic Enforcement Team will be in town on August 17, 2023.

Ormonde said a new officer will be joining the Department on August 16, 2023 and that will leave only one vacancy.

Planning Director Zuidervaart said there is no Planning Commission meeting in August.

Public Works Director Pease said July water usage was down 20% from 2013 numbers and up 5% from last year’s number.

Pease said the Well 19 project was accepted today and was approved for the use of drinking water.

City Council:

Council Member Barton said Porchfest had a wonderful turnout. He said he wanted to thank Kelly Donohue with the Chamber for her work. He said it exceeded his expectations and he is looking forward to it being an annual event.

Council Member de Graaf thanked everyone for attending the meeting.

Vice Mayor Zuber said he wanted to acknowledge Chief Ormonde, the Police Department and the Fire Department for their efforts organizing National Night Out. He said the attendance was unbelievable and he was impressed by the numbers of kids who were running around. He believes this is a great event to have and the week leading up to it was wonderful. He said they should be proud of this event.

Mayor Restuccia said he was also impressed with Porchfest, he liked that the music was at an enjoyable level that allowed for talking and listening. He said there were so many people riding their bikes and walking around and was classic “small town”.

Restuccia said he wanted to acknowledge that Vice Mayor Zuber was named Citizen of the Year by the Chamber of Commerce and it is well deserved.
1 Packet Pg. 25
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) City Council Page 13 August 8, 2023
There being no further business, the meeting was adjourned at 6:19 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 26
Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (Approval of Minutes) Ripon City Council
Special Meeting Minutes
MONDAY, AUGUST 28, 2023

SPECIAL MEETING
3:00 PM
The Special Meeting was called to order by Mayor Michael Restuccia at 3:03 PM.

ROLL CALL:

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

City Administrator Kevin Werner, Public Works Director James Pease, Police Chief Ed Ormonde, Lieutenant Danny Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby.

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

2. TOPICS OF DISCUSSION

1. TRAINING DONATION
Ripon Police Department
Discussion/Action
Accept the donation of $7,500 from Rick
and Valerie Van Unen for the Ripon Police
Department staff to attend carbine training
with Fidelis Integrated Solutions, Inc.

Police Chief Ormonde said this is a monetary donation from Rick and Valerie Van Unen to pay for tactical rifle training. He said many of the officers have already gone through this training, but the department has quite a few new officers and this will be beneficial for them. Ormonde said overtime expenses would be covered by the General Fund.

Motion to accept the donation of $7,500 from Rick and Valerie Van Unen for the Ripon Police Department staff to attend carbine training with Fidelis Integrated Solutions, Inc.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Leo Zuber, Vice Mayor
AYES: Restuccia, Zuber, Barton, Uecker
ABSENT: de Graaf
2 Packet Pg. 27
Minutes Acceptance: Minutes of Aug 28, 2023 3:00 PM (Approval of Minutes) City Council Page 2 August 28, 2023

2. PERCOLATION POND RESTORATION CONTRACT
Triple M Enterprise, Inc.

Discussion/Action
Approve and authorize the Mayor to sign
the contract with Triple M Enterprise, Inc.
to perform restoration work at the Waste
Water Treatment Plant, specifically the
percolation ponds, in the not to exceed
amount of $58,200 (funding source: Sewer
Enterprise Capital Fund).

Public Works Director Pease said staff is requesting Council approve the contract with Triple M Enterprise to perform restoration work on the City’s percolation ponds. He said the City has seven percolation ponds and two of them need restoration work. The work will consist of removing the two to three inches of sludge from the ponds that is preventing them from percolating. Pease said the City hired a consultant to test the ponds and the tests show that the ponds are viable but need sludge removed.

Mayor Restuccia asked if these are the ponds that were built up not long ago. Pease said they are.

Vice Mayor Zuber asked how the rain affected the ponds. Pease said that the heavy rainfall prevented the ponds from drying out, creating sludge.

Pease said staff is hoping to do two more ponds for a total of four, before the rain starts again. Council Member Barton asked if it will cost more to do two more ponds or if they are included in this amount. Pease said the contract only covers two ponds. He said if the weather allows for the restoration of two more ponds, staff will bring back a separate contract.

Motion to approve and authorize the Mayor to sign the contract with Triple M Enterprise, Inc. to perform restoration work at the Waste Water Treatment Plant, specifically the percolation ponds, in the not to exceed amount of $58,200.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Gary Barton, Council Member
AYES: Restuccia, Zuber, Barton, Uecker
ABSENT: de Graaf
2 Packet Pg. 28
Minutes Acceptance: Minutes of Aug 28, 2023 3:00 PM (Approval of Minutes) City Council Page 3 August 28, 2023

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

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

OTHERS PRESENT: City Administrator Kevin Werner, Police Chief Ed Ormonde, Lieutenant Danny Sauer, 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) Ripon Sergeants Association
(b) Unrepresented Employees
Return to open session.

Mayor Restuccia said staff was given direction and no reportable action was taken.

4. ADJOURNMENT
There being no further business, the meeting was adjourned at 3:27 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
2 Packet Pg. 29
Minutes Acceptance: Minutes of Aug 28, 2023 3:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 30
Attachment: 2023 - 2nd Qtr (3961 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2300008 and 2300008AIssue Date: August 01, 2023Fiscal Year: 2023-2024Collection Period: June 24, 2023 - July 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 15,977 $11,844.45 $8,088.18 $5,362.61 $10,973.53 $0.00 $4,000.00 $40,268.77 $0.00 $40,268.77 $40,268.77

1.1.A.b
Packet Pg. 31
Attachment: fy2324_07hwycityra (3961 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2200512 and 2200512A
Issue Date: August 22, 2023
Fiscal Year: 2022-2023
Collection Period: July 01, 2023 - July 31, 2023
Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.

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

City Population Payment Amount Year To Date
Ripon City Treasurer 15,979 $30,484.64 $356,611.49
1 of 1

1.1.A.c
Packet Pg. 32
Attachment: rmra_cities_remit_2223_aug23 (3961 : State of California)

1.1.B.a
Packet Pg. 33
Attachment: CCATT (3987 : CCATT Holdings)

1.1.C.a
Packet Pg. 34
Attachment: Charter (3959 : Charter Communications)
Invoice Date: 8/10/2023
Invoice Number: 2366960
Funds due on 9/15/2023
City of Ripon, California
259 N. Wilma Avenue
Ripon, California 95366
Contact Phone Fax Email
Ms. Lisa Roos (209)-599-2108 (209)-599-2685 [email protected] Account Number: 6711791700
CSCDA WATER 2006 C
Invoice for Debt Service Payment on 10/1/2023
Cusip Maturity
Date
Accrual
Start Date
Accrual End
Date
No. of
Days
Principal Balance Interest
Rate
Interest Principal Premium/
Discount
13077WFS4 10/1/2027 4/1/2023 9/30/2023 180 $1,805,000.00 4.50% $40,612.50 $330,000.00 13077WFT2 10/1/2032 4/1/2023 9/30/2023 180 $2,250,000.00 4.50% $50,625.00 $0.00 $4,055,000.00 $91,237.50 $330,000.00
Interest Due: $91,237.50
Total Principal Due: $330,000.00
Principal Deposit Due:

Credits: ($287.49)
Net Due: $420,950.01

PAYMENT SUMMARY
Total Interest Due: $91,237.50
Total Principal Due: $330,000.00
Total Credits: ($287.49)
TOTAL DUE 9/15/2023 $420,950.01
Notes

WIRING INSTRUCTIONS
US Bank must receive funds prior to 10:30 A.M. CST to
ensure DTCC receives funds prior to their same day settlement deadline of 2:00 P.M. CST. Any payments received by DTCC after the 2:00 P.M. deadline will be allocated the next day.

ABA: 091000022
BBK: U.S. Bank N.A.

A/C: 180121167365
BNF: U.S. Bank Trust N.A.

OBI: 3010754

1.2.B.a
Packet Pg. 35
Attachment: US Bank - 2006 Bonds 10-1-23 Debt Service Invoice (3965 : US Bank - Water and Wastewater Revenue Bonds Series 2006C) Page
2 of 2
U.S. BANK CONTACTS
Prod Ops
Analyst
Blanca Canizales Email: [email protected] Phone: 213.615.6077 3010754

1.2.B.a
Packet Pg. 36
Attachment: US Bank - 2006 Bonds 10-1-23 Debt Service Invoice (3965 : US Bank - Water and Wastewater Revenue Bonds Series 2006C) Invoice Date: 8/10/2023
Invoice Number: 2366983
Funds due on 10/2/2023
City of Ripon, California
259 N. Wilma Avenue
Ripon, California 95366
Contact Phone Fax Email
Ms. Lisa Roos (209)-599-2108 (209)-599-2685 [email protected] Account Number: 6712004400

CITY OF RIPON
Invoice for Debt Service Payment on 10/1/2023
Cusip Maturity
Date
Accrual
Start Date
Accrual End
Date
No. of
Days
Principal Balance Interest
Rate
Interest Principal Premium/
Discount
767530AL2 10/1/2023 4/1/2023 9/30/2023 180 $235,000.00 3.00% $3,525.00 $235,000.00 767530AM0 10/1/2024 4/1/2023 9/30/2023 180 $245,000.00 3.00% $3,675.00 $0.00 767530AN8 10/1/2025 4/1/2023 9/30/2023 180 $250,000.00 3.125% $3,906.25 $0.00 767530AP3 10/1/2026 4/1/2023 9/30/2023 180 $260,000.00 3.25% $4,225.00 $0.00 767530AQ1 10/1/2027 4/1/2023 9/30/2023 180 $265,000.00 3.375% $4,471.88 $0.00 $1,255,000.00 $19,803.13 $235,000.00
Interest Due: $19,803.13
Total Principal Due: $235,000.00
Principal Deposit Due:

Credits: ($190.80)
Net Due: $254,612.33

PAYMENT SUMMARY
Total Interest Due: $19,803.13
Total Principal Due: $235,000.00
Total Credits: ($190.80)
TOTAL DUE 10/2/2023 $254,612.33
Notes

ABA: 091000022
BBK: U.S. Bank N.A.

A/C: 180121167365
BNF: U.S. Bank Trust N.A.

OBI: RIPON2012

1.2.C.a
Packet Pg. 37
Attachment: US Bank 2012 Water Bond Payments 10.2023 (3966 : US Bank - Water Revenue Bonds Series 2012) Page
2 of 2
U.S. BANK CONTACTS
Prod Ops
Analyst
Melanie Fijan Email: [email protected] Phone: 213-615-6025 Prod Ops
Specialist
Melanie Fijan Email: [email protected] Phone: 213-615-6025 RIPON2012

1.2.C.a
Packet Pg. 38
Attachment: US Bank 2012 Water Bond Payments 10.2023 (3966 : US Bank - Water Revenue Bonds Series 2012) Invoice
Date
8/25/2023
Invoice #
262
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
Further review of disclosures in prior audit letters,
work on language for disclosures in current requested
letter; meet with Werner regarding current and
pending matters, update list.
7/29/2023 THT 295.00 1,327.50 4.5
Work on draft Resolution of Acceptance, research re
CEQA exemptions, discuss Notice of Exemption and
discuss with client.
7/30/2023 THT 295.00 1,106.25 3.75
Further research and drafting CEQA documents for
upcoming meetings.
7/30/2023 THT 295.00 885.00 3
Calls, emails to and from client regarding upcoming
agenda items, assist in communication to project
applicant, draft revisions to letter.
8/7/2023 THT 295.00 663.75 2.25
Attend staff meeting, discuss Council member
questions, calls to and from K. Werner re agenda
item, attend CC meeting and closed session.
8/8/2023 THT 295.00 1,327.50 4.5
Check status of pending planning matter , calls,
emails re golf course negotiations; discuss and
research bidding requirements in RMC and state law,
calls, emails re same.
8/14/2023 THT 295.00 885.00 3
Review memo and discuss with client, check in with
client re same.
8/23/2023 THT 295.00 442.50 1.5
Further review of consultant’s report, discuss claim
matter with client.
8/24/2023 THT 295.00 442.50 1.5
$7,080.00

1.2.D.a
Packet Pg. 39
Attachment: Terpstra Invoices _ August (3986 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2023
Invoice #
272
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
Neumiller & Beardslee's Invoice Number 344275
(Paid in full by The Law Office of Thomas H.

Terpstra).
324.89 324.89
$324.89

1.2.D.a
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Attachment: Terpstra Invoices _ August (3986 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2023
Invoice #
264
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
8/9/2023 THT Advise client re: application status. 295.00 0.5 147.50 $147.50

1.2.D.a
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Attachment: Terpstra Invoices _ August (3986 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2023
Invoice #
265
Bill To
City of Ripon - Noosa - Private Development
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-404
Total
Date Attorney Description Rate Hours Amount
Review scope of work for consultant proposal; work
on review of preliminary work, discuss with client.
8/16/2023 THT 425.00 3 1,275.00
8/17/2023 THT Further review of memo from project team. 425.00 1.5 637.50 $1,912.50

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Attachment: Terpstra Invoices _ August (3986 : Law Office of Thomas H. Terpstra)

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Attachment: FY 23-24 - Extra Hours invoice - Ripon 08-29-23 (3977 : City of Stockton)

1.2.F.a
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Attachment: Price Paige & Co (3975 : Price Paige & Company)

1.2.G.a
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Attachment: Invoice AR113683_SJRTD (3979 : SJRTD)

1.2.H.a
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Attachment: Vaughan Invoice - Animal Shelter Doors (3974 : Vaughan Construction - Animal Shelter Door Replacement)

1.2.I.a
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Attachment: Keesey Design (3976 : Keesey Design)
BaseCamp Enviromnen1DI, Inc.
802 West Lodi A venue
Lodi, CA 95240
209-224-8213
[email protected]

PERIOD DESCRIPTION
07/31/2023 Principal
07/31/2023 Senior
Environmental
Planner
QTY

1.25 0.25
RATE
225.00
180.00
Services through the invoice date. Preparation of
CEQA Initial Study/Mitigated Negative
Declaration. Thank you. We appreciate your
business.

BALANCE DUE
INVOICE# 52244
DATE 07/31/2023
DUE
TERMS
DATE 08/30/2023
Net 30
AMOUNT
281.25

45.00 $326.25

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366

PROJECT
South County Water Project - CEQA
3139 - Ripon Water Lines

1.2.J.a
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Attachment: Invoice 52244_BaseCamp Environmental, Inc (3978 : BaseCamp Environmental, Inc.)

1.2.K.a
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Attachment: Invoice 28835_WGR (3980 : WGR Southwest, Inc.)

1.2.L.a
Packet Pg. 50
Attachment: Invoice 2114986_ Stantec (3981 : Stantec Consulting Services, Inc.)

1.2.L.a
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Attachment: Invoice 2114986_ Stantec (3981 : Stantec Consulting Services, Inc.)

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Attachment: Invoice 59088_Harris & Associates (3982 : Harris & Associates)

1.2.M.a
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Attachment: Invoice 59088_Harris & Associates (3982 : Harris & Associates)

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Attachment: Invoice 59088_Harris & Associates (3982 : Harris & Associates) MEMO
To: Honorable City Council
From: City Administrator, Kevin Werner
Date: September 12, 2023
Subject: Invoice 4272 - Vaughan Construction
RECOMMENDED ACTION:

Council to approve payment for Invoice #4272 in the amount of $790.00.

BACKGROUND:

In connection with the recent ordinance update to Chapter 12.16 “Sidewalk Repair, Maintenance or Replacement” of the Ripon Municipal Code, staff requested proposals from Contractors to provide maintenance services to repair and replace sidewalk trip hazards. Vaughan Construction submitted the lowest proposal to perform this work.

On July 9, 2019, City Council approved the maintenance contract with Vaughan Construction (cost not to exceed $50,000.00) to remove and replace sidewalk trip hazards.

On October 13, 2020, City Council approved the 1st Amendment to the maintenance contract with Vaughan Construction with a not to exceed amount of $50,000.00.

On July 12, 2022, City Council approved Change Order 1 for the maintenance contract with Vaughan Construction with a not to exceed amount of $15,000.00.

On January 10, 2023, City Council approved the 2nd Amendment to the maintenance contract with Vaughan Construction with a not to exceed amount of $50,000.00.

DISCUSSION/ANALYSIS:

Below is a summary of Sidewalk Trip Hazards from the period of July 1, 2020 to August 31, 2023.

Responsible Party
Complete
2020
Complete
2021
Complete
2022
Complete
2023
Pending
Completion
City 6 4 8 5 0
Homeowner/Utility Co. 16 5 4 4 6
TOTALS 22 9 12 9 6
City Council
259 N. Wilma Avenue
Ripon, CA, 95366

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Attachment: Staff Report Vaughan 2023.9.12 (3983 : Vaughan Construction) FISCAL IMPACT:

Invoice #4272 in the amount of $790.00 includes payment for 1 completed site paid for through the Street & Road Fund. This site is the City’s responsibility.

1.2.N.a
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Attachment: Staff Report Vaughan 2023.9.12 (3983 : Vaughan Construction) Invoice
Date
8/2/2023
Invoice #
4272
Bill To
City of Ripon
259 N. Wilma Ave
Ripon, CA 95366
Ship To
VAUGHAN Construction
4701 Fig Avenue
Manteca, CA 95337
P.O. Number Terms
Due on receipt
Rep Ship
8/2/2023
Via F.O.B. Project
22-337 Sidewalk Repairs
Total
Quantity Item Code Description U/M Price Each Amount
City of Ripon
Site Concrete 1382 Doak 790.00 790.00
$790.00

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Packet Pg. 57
Attachment: Invoice 4272_Vaughan Construction (3983 : Vaughan Construction)

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: TJ82586
Terracon Consultants, Inc.

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

To:

NA191172B
$23,537.00
8/11/2023
8/05/2023
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 7/24/23 NA191172B.0035 AC/Soil Inspector w/Nuclear Gauge 4.00 $112.00 $448.00 7/24/23 NA191172B.0035 PM/PE Review/Admin Support 1.00 $86.00 $86.00 7/24/23 NA191172B.0035 Trip Charge (ea) 1.00 $72.00 $72.00 7/24/23 NA191172B.0036 Reinforcing Steel Inspection 4.00 $118.00 $472.00 7/24/23 NA191172B.0036 PM/PE Review/Admin Support 1.00 $86.00 $86.00 7/24/23 NA191172B.0036 Trip Charge (ea) 1.00 $72.00 $72.00 7/25/23 NA191172B.0037 Concrete Inspection ACI 4.00 $108.00 $432.00 7/25/23 NA191172B.0037 PM/PE Review/Admin Support 1.00 $86.00 $86.00 7/25/23 NA191172B.0037 Trip Charge (ea) 1.00 $72.00 $72.00 7/25/23 NA191172B.0037 Compression Test Concrete Cylinders 5.00 $27.00 $135.00 7/26/23 NA191172B.0038 Cylinder Pickup (hr) 2.00 $86.00 $172.00 7/26/23 NA191172B.0038 Trip Charge (ea) 1.00 $72.00 $72.00 7/31/23 NA191172B.0039 Reinforcing Steel Inspection 4.00 $118.00 $472.00 7/31/23 NA191172B.0039 PM/PE Review/Admin Support 1.00 $86.00 $86.00 7/31/23 NA191172B.0039 Trip Charge (ea) 1.00 $72.00 $72.00 8/4/23 NA191172B.0040 Concrete Inspection ACI 6.00 $108.00 $648.00 8/4/23 NA191172B.0040 PM/PE Review/Admin Support 1.00 $86.00 $86.00 8/4/23 NA191172B.0040 Trip Charge (ea) 1.00 $72.00 $72.00 8/4/23 NA191172B.0040 Compression Test Concrete Cylinders 5.00 $27.00 $135.00 Invoice Total $3,776.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 8/11/2023 Page 1 of 1 Client #396776

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Attachment: Invoice TJ82586_Terracon (3984 : 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: TJ88909
Terracon Consultants, Inc.

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

To:

NA191172B
$24,884.00
8/24/2023
8/19/2023
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 8/7/23 NA191172B.0041 Cylinder Pickup (hr) 2.00 $86.00 $172.00 8/7/23 NA191172B.0041 Trip Charge (ea) 1.00 $72.00 $72.00 8/15/23 NA191172B.0042 Reinforcing Steel Inspection 2.00 $118.00 $236.00 cancelled onsite
8/15/23 NA191172B.0042 Trip Charge (ea) 1.00 $72.00 $72.00 8/16/23 NA191172B.0043 Reinforcing Steel Inspection 4.00 $118.00 $472.00 8/16/23 NA191172B.0043 PM/PE Review/Admin Support 1.00 $86.00 $86.00 8/16/23 NA191172B.0043 Trip Charge (ea) 1.00 $72.00 $72.00 8/19/23 Project Manager 1.00 $165.00 $165.00
Invoice Total $1,347.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 8/23/2023 Page 1 of 1 Client #396776

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Attachment: Invoice TJ88909_Terracon (3984 : Terracon Consultants, Inc.) CONTRACTOR: Diede Construction, Inc.

PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:

INVOICE NO: 6
DATE: 8/31/2023
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $2,474,367.05 LESS RETENTION: $123,718.35
APPROVED CONTRACT CHANGES: $427,127.00 PREVIOUSLY PAID AMOUNT: $2,350,648.70 CURRENT INVOICED AMOUNT: $1,035,470.64
LESS RETENTION: $51,773.53
TOTAL CONTRACT AMOUNT: $11,583,127.00 CURRENT AMOUNT DUE: $983,697.11 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $3,509,837.69 LESS RETENTION: $175,491.88
TOTAL PAID TO DATE: $3,334,345.81

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $8,073,289.31
Approx. % Complete: 30%
Work performed includes submittals, construction staking, erosion control, grading, concrete footing installation, vapor barrier installation, concrete slab installation, concrete sealing, reinforcing steel installation, materials procurement, bollard installation, site electrical, and building 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) $625,217.17 $593,956.31 $31,260.86
General Fund Dept. Capital (900-6200) $246,856.20 $234,513.39 $12,342.81 WA (900-7100) $63,577.90 $60,399.00 $3,178.89
SW (900-7300) $63,577.90 $60,399.00 $3,178.89
STM (900-7315) $36,241.47 $34,429.40 $1,812.07
TOTALS $1,035,470.64 $983,697.11 $51,773.53
Accounts Payable

1.2.P.a
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Attachment: Invoice 6_Diede Construction, Inc (3985 : Diede Construction, Inc.) Now Billing for:

Construction Administration for this month
included Request for Information (RFI) review,
Change Order review, Submittal review, site
visits and special inspections.

1.2.Q.a
Packet Pg. 61
Attachment: Invoice 25-622-03-20_LDA (3988 : LDA)
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/12/2023
Subject: WGR Southwest, Inc.

RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the agreement with WGR Southwest, Inc. to (1) assist City staff with completing the State mandated stormwater regulatory requirements and reporting as required by the City's General Storm Water Permit; and (2) provide storm water compliance support for private and development projects, in the not to exceed amount of $35,972 (funding sources: Sewer Operating Fund and private development reimbursement).

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; Ripon discharges all storm water into the Stanislaus River. These mandates are implemented and enforced under the Clean Water Act.

Listed below are some of the basic requirements of the general permit. Please note that within these categories are various other tasks associated with each:

EDUCATION AND OUTREACH PROGRAM
Fulfilling outreach and education requirements within the jurisdictional boundaries of the City.

MS4 INSPECTION and SWPPP REVIEW PROGRAM
The Permittee shall develop, implement, and enforce a program to prevent construction site discharges of pollutants and impacts on beneficial uses of receiving waters.

1.4.A
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POLLUTION PREVENTION/GOOD HOUSEKEEPING FOR PERMITTEE

OPERATIONS PROGRAM
The Permittee shall develop and implement a program to prevent or reduce the amount of pollutant runoff from Permittee operations.

POST CONSTRUCTION STORM WATER MANAGEMENT PROGRAM
Review and ensure Low Impact Development (LID) Design Standards are met for all qualified private development projects.

ANNUAL REPORTING PROGRAM & ANNUAL EFFECTIVENESS ASSESSMENT Compile all activities performed during the year and report to the State on compliance; assess the overall effectiveness of the program and address any deficiencies.

TRASH PROVISION – TRACK 1 IMPLEMENTAION
The Permittee shall develop a plan to capture 100% of trash in areas identified by the permit as high risk; includes high density residential, commercial, industrial, transit, etc.

The complete and current 105 page General Permit document (without attachments) can be viewed on the SWRCB website:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/docs/phsii2012_5th/order_fi nal.pdf
DISCUSSION/ANALYSIS:

City staff, with assistance from WGR Southwest, Inc. completed all of the required tasks for years 1-10 and submitted the annual reports to the SWRCB. Although the City’s storm water permit expired on June 30, 2018, the City is still required to continue the implementation of its on-going responsibilities that began during Years 1 – 5 until a new permit is adopted. Staff intends to perform the monitoring and reporting requirements for years 11 and 12 with a combination of engineering staff, public works staff and assistance from WGR Southwest, Inc.

The attached Professional Services Agreement and Proposal outlines the proposed support to be provided by WGR Southwest, Inc.

Looking forward, it is estimated that a new or renewed Phase II MS4 Permit will be released for public comment around Spring of 2024. The requirements of the new permit will only increase beyond the existing regulations, placing more responsibilities on Cities.

FINANCIAL IMPACT:

The Professional Service Agreement outlines a time and material cost for storm water permit assistance from WGR Southwest, Inc. for years 11 and 12 for a not-to-exceed amount of $35,972. Within the attached proposal, task E.12 is to review private development post construction submittals, if necessary, for an amount of $10,200. This is an estimate and will be paid for by developers during the permitting process for any new projects. The remaining $25,772 of the proposal will be paid for through the Sewer Operating Fund.

Attachments:

1. Professional Services Agreement - WGR

1.4.A
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Professional Services Agreement - Page 1 of 7
Phase II MS4 NPDES Permit Compliance Program
WGR Southwest, Inc.

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
WGR Southwest, Inc.

This Agreement for Professional Services (“Agreement”) is entered into on, September 12, 2023 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and WGR Southwest, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).

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

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

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

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

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Thirty Five Thousand Nine Hundred Seventy Two Dollars ($35,972) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

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

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

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

1.4.A.a
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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.) Professional Services Agreement - Page 2 of 7
Phase II MS4 NPDES Permit Compliance Program
WGR Southwest, Inc.

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

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

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

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

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

3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

3.5 All Policies Requirements.

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

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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.) Professional Services Agreement - Page 3 of 7
Phase II MS4 NPDES Permit Compliance Program
WGR Southwest, Inc.

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

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

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

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

Section 5. STATUS OF CONSULTANT.

5.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

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

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

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

1.4.A.a
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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.) Professional Services Agreement - Page 4 of 7
Phase II MS4 NPDES Permit Compliance Program
WGR Southwest, Inc.

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

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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

1.4.A.a
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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.) Professional Services Agreement - Page 5 of 7
Phase II MS4 NPDES Permit Compliance Program
WGR Southwest, Inc.
$10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

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

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

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.) Professional Services Agreement - Page 6 of 7
Phase II MS4 NPDES Permit Compliance Program
WGR Southwest, Inc.

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

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

9.6 Notices.

Any written notice to Consultant shall be sent to:

Mr. John Teravskis
Operations Manager
WGR Southwest, Inc.
11780 N. Highway 99
Lodi, CA 95240
Any written notice to the City shall be sent to:

Mr. Kevin Werner
Administrator/City Engineer
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.

9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.

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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.) Professional Services Agreement - Page 7 of 7
Phase II MS4 NPDES Permit Compliance Program
WGR Southwest, Inc.

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

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

CITY OF RIPON CONSULTANT
Michael Restuccia, Mayor John Teravskis, Operations
Manager

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

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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.) 11780 N. Hwy. 99  Lodi, CA 95240  (209) 334-5363  Fax (209) 334-5374 Los Alamitos, CA  Lodi, CA
September 5th, 2023
Mr. James Pease
Public Works Director
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95336
RE: Proposal for Compliance Support of the City of Ripon’s Phase II MS4 Compliance Program for July 1, 2023 – June 30, 2025
Dear Mr. Pease,
WGR Southwest, Inc. (WGR) is pleased to provide you with this proposal for providing ongoing compliance support for the City’s Phase II Municipal Separate Stormwater Sewer System (MS4) NPDES Permit compliance program. Although the City’s storm water permit expired on June 30, 2018, the City will be required to maintain its permit compliance programs until a new permit is adopted. Based on discussions and workshops with the State Water Resources Control Board, it is estimated that a new or renewed Phase II MS4 Permit will be released for public comment late 2024, early 2025. We have included some extra time to evaluate the draft permit, submit comments to the Water Board on behalf of the City, and new permit activities should it be adopted before the end of next year.

Estimated Budget Proposal
Please find included with this proposal Attachment A which provides a line-item cost estimate to provide compliance support for likely future needs through June 30, 2025.

We thank you for this extended opportunity to serve you. Should you have any questions or comments, please do not hesitate to contact me at (209) 334-5363, extension 110.

Sincerely,
WGR Southwest, Inc.

John M. Teravskis, CPESC, QSP/QSD
Senior Compliance Specialist and
Operations Manager for WGR’s Lodi Office

EXHIBIT A

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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.)

ATTACHMENT A
WGR Southwest, Inc.

Estimated Two-Year Costs for City of Ripon Phase II MS4 Permit Compliance Program Support July 1, 2023 - June 30, 2025
Construction Program Element: Sub-totals
MS4 Inspection and SWPPP Review Program (E.10):

Monthly MS4 Construction Inspections (First Time Inspections for CGP-permitted projects) 2 New sites @ $245 Per inspection $490 Monthly MS4 Construction Inspections (Subsequent inspection and all inspections for non-CGP permitted projects) - this is assuming City staff are still performing the majority of QSD/QSP inspections 2 Monthly Inspections for 1 Sites @ $205 Per inspection $410 Follow-up MS4 Construction Inspections (as required) 2 Follow-up Inspections @ $205 Per re-inspection $410 ESCP Review as a part of the Plan Check Process 2 projects @ $250 review $500 SWPPP Review as a part of the Plan Check Process 2 projects @ $425 review $850 Post-Construction Standards Plan Program Element (E.12):

Review of Project-Specific Post Construction Standards Plans 24 projects @ $425 review $10,200 $10,200 Education & Outreach Support (E.7 and E.8):
16 Senior Compliance Specialist hours @ $166 /hr. $2,656 Other MS4 Permit Support:
2023 & 2024 Phase II MS4 Annual Report & Effectiveness Assessment Preparation (E.14 & E.16) 2 Annual Reports @ $4,750 report $9,500 40 Senior Compliance Specialist hours @ $166 /hr. $6,640 4 Senior Compliance Specialist hours @ $166 /hr. $664
2 Senior Compliance Specialist hours @ $166 /hr. $332
20 Senior Compliance Specialist hours @ $166 /hr. $3,320 Total Estimated 2023-2025 Cost: $35,972
Costs may be reimbursed to the City by developer fees. Number of projects estimated.

Misc. Permit Support - Respond to spills, SSOs, or illicit discharges; assist with State / Federal audits and/or correspondence; City staff / council presentations; Community outreach events; etc. $20,456 Permit renewal support and implementation
$2,660
City staff educational classes with WGR (WGR prepares and presents classes) Classes to be on PostConstruction and ESCP reviews, good housekeeping, integrated pest management for Public Works and Parks & Rec. staff
Pyrethroid Management Program support
Trash Management Program implementation and tracking
$2,656

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Attachment: Professional Services Agreement - WGR (3950 : WGR Southwest, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 09/12/2023
Subject: Parcel Map 22-15

RECOMMENDED ACTION
Accept Parcel Map No. 22-15 (744 N. Jack Tone Road - Burger King and Popeyes) and authorize the Mayor, City Engineer and City Clerk to sign for recording.

BACKGROUND
Attached is a copy of the Parcel Map for 1857 East Main Street, LLC located at 744 N. Jack Tone Road subdividing a 1.1 acre (more/less) commercial parcel into two parcels for the purpose of assigning separate parcel numbers to 2 existing commercial buildings (Burger King and Popeyes).

The Tentative Parcel Map was approved by the Planning Commission at the May 16, 2022 hearing.

Parcel Map No. 22-15 has been submitted to the County for their review and signature. The map has been signed by the County Surveyor and is now ready for the City’s signature.

Attachments:

1. Tentative Parcel Map (PM22-15)

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Attachment: Tentative Parcel Map (PM22-15) (3989 : Parcel Map 22-15)

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Attachment: Tentative Parcel Map (PM22-15) (3989 : Parcel Map 22-15) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 09/12/2023
Subject: Energy Storage Response Group
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement and Mutual NonDisclosure Agreement with Energy Storage Response Group to provide peer review services of Broad Reach Power's battery storage project safety reports in the not to exceed amount of $15,000 (funding source: Reimbursement Agreement with Broad Reach Power).

BACKGROUND:

In May of 2021, Noosa Energy Storage, LLC applied for and received approval for a “Use Permit” to construct a lithium-ion battery energy storage project at 1302 Frontage Road (near Flying J and the PG&E substation). The Planning Commission made several required findings in approving the Use Permit, including Finding #4, referenced below.

Finding #4 – Issuance of the permit will not be significantly detrimental to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.

Construction of the project had not commenced by May 2023, and the developer was now in jeopardy of losing their entitlements for the project due to permit expiration limits set within the Ripon Municipal Code. The Ripon Municipal Code does allow for a one-year time extension upon approval by the Planning Commission and/or City Council, and extension requests are entirely within the purview of the reviewing body, and findings need not be made.

Broad Reach Power (previously Noosa Energy Storage, LLC), did submit a request for a one year extension on the project prior to their expiration date. However, since initial approval of the project (May 2021), there was a fire at a battery energy storage facility in Monterey County that raised questions regarding the safety of the battery storage technology. The applicant, as well as staff, believe it is important to fully understand the technology proposed to be on-site, the potential hazards associated with such equipment, and appropriate responses and mitigation

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should an equipment failure occur. Therefore, Broad Reach Power has agreed to update and provide three (3) key reports to address the City’s concern:

1. A Hazard Mitigation Analysis

2. An Emergency Response Plan

3. A Decommissioning Plan
DISCUSSION/ANALYSIS:

City staff requested a scope and fee from Energy Storage Response Group, an east coast based firm who specializes in lithium ion battery energy storage project safety, to peer review the previously described three (3) reports provided by the applicant for the Ripon project. The proposal includes reviews of each report by Energy Safety Response Group along with a written report describing each report’s strengths, weaknesses, and opportunities for improving mitigation, if necessary.

The three (3) reports, along with the peer review should provide staff, the Planning Commission and the City Council with the appropriate information to make an informed decision on Broad Reach Power’s extension request for the project.

FISCAL IMPACT:

The cost for this peer review of Broad Reach Power’s reports by Energy Storage Response Group is a not to exceed amount of $15,000, which will be paid by Broad Reach Power through an approved reimbursement agreement with the City of Ripon.

Attachments:

1. Professional Services Agreement

2. ESRG Mutual NDA Update

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Professional Services Agreement - Page 1 of 7
Energy Storage Response Group

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

ENERGY STORAGE RESPONSE GROUP
This Agreement for Professional Services (“Agreement”) is entered into on, September 12, 2023 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Energy Storage Response Group (“Consultant”), (together sometimes referred to as the “Parties”).

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.

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Fifteen Thousand Dollars ($15,000) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

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

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

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

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group) Professional Services Agreement - Page 2 of 7
Energy Storage Response Group
Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)

3.5 All Policies Requirements.

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group) Professional Services Agreement - Page 3 of 7
Energy Storage Response Group

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

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

Section 5. STATUS OF CONSULTANT.

Section 6. LEGAL REQUIREMENTS.

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

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

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group) Professional Services Agreement - Page 4 of 7
Energy Storage Response Group

Section 7. MODIFICATION.

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group) Professional Services Agreement - Page 5 of 7
Energy Storage Response Group
$10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

Section 9 MISCELLANEOUS PROVISIONS.

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group) Professional Services Agreement - Page 6 of 7
Energy Storage Response Group

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

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

9.6 Notices.

Any written notice to Consultant shall be sent to:

Michael Bowes, Senior Project Engineer
Energy Storage Response Group
8350 US 23 North
Delaware, OH 43015
Any written notice to the City shall be sent to:

Mr. Ken Zuidervaart
Director of Planning
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group)

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

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

CITY OF RIPON ENERGY STORAGE RESPONSE GROUP
Mike Restuccia, Mayor Michael Bowes, Senior Project Engineer Attest:

Lisa Roos, City Clerk
Approved as to Form:

Thomas Terpstra, City Attorney

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group) 23-20423 City of Ripon - 99
Frontage Road Review
Quote created: August 7, 2023 Reference: 20230807-201317777 City of Ripon
259 North Wilma Avenue
Ripon, CA 95366
United States
Ken Zuidervaart
[email protected]
(209) 599-0222
Products & Services

1. Hazard Mitigation Analysis (HMA) Review
ESRG to review HMA on a time and materials basis. Deliverable shall provide commentary on strengths, weaknesses, and opportunities based on current industry knowledge and best practices and include:
• One (1) draft report
• One (1) revision prior to issuance of final report
• One (1) final report, after which any additional work shall be billed as General Consulting at a T&M basis, as described in line item below
1 x $5,000.00
Comments
Michael Bowes - Senior Project Engineer Energy Storage Response Group Exhibit A 1.4.F.a
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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group)

2. Emergency Response Plan (ERP) Review
ESRG to review ERP on a time and materials basis. Deliverable shall provide commentary on strengths, weaknesses, and opportunities based on current industry knowledge and best practices and include:
• One (1) draft report
• One (1) revision prior to issuance of final report
• One (1) final report, after which any additional work shall be billed as General Consulting at a T&M basis, as described in line item below
1 x $5,000.00

3. Decommissioning Plan Review
ESRG to review Decommissioning Plan on a time and materials basis. Deliverable shall provide commentary on strengths, weaknesses, and opportunities based on current industry knowledge and best practices and include:
• One (1) draft report
• One (1) revision prior to issuance of final report
• One (1) final report, after which any additional work shall be billed as General Consulting at a T&M basis, as described in line item below
1 x $5,000.00
General Consulting (T&M)
• ESRG to provide consulting services on a time and materials basis at an hourly rate of $300/hr
• This item may also serve as a contingency item for additional work requested beyond deliverable creation.
• All travel expenses (mileage, lodging, parking, tolls, etc.) to be billed at cost 0 x $300.00
One-time subtotal $15,000.00
Total $15,000.00

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group) Signature
Signature Date
Printed name
Countersignature
Countersignature Date
Printed name
This quote expires on September 6, 2023
Purchase terms
“Purchase Terms” mean the pricing and scope of work above and the following terms:

By signing below you (“Company”) and Energy Storage Response Group LLC (“ESRG”) agree to and accept the Purchase Terms as stipulated herein and, if applicable, in accordance with the terms of the previously signed master agreement between the parties. Unless: (i) otherwise stated above; or (ii) otherwise stated in a pre-existing master agreement, all work stipulated above shall be invoiced by ESRG upon completion with payment due from Company within thirty (30) days of invoicing. Should Company fail to make payment when due, ESRG may charge interest at the rate of 10% per annum. Should payment failure continue for ten (10) days following ESRG’s written notice, ESRG may suspend work, without incurring any obligation or liability to Company, until all payments and interest have been paid.

Unless otherwise stated in writing between the parties, the work stipulated above shall begin upon signature by both parties and, once signed, these Purchase Terms shall remain in effect until completion of the work described above or until these Purchase Terms are terminated by either party upon thirty (30) days prior written notice, at which point ESRG may invoice Company and Company shall pay for any work completed to date.

In the event of any conflict between these Purchase Terms and the terms of a master agreement between the parties, these Purchase Terms shall control.

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group) Questions? Contact me
Michael Bowes
Senior Project Engineer
[email protected]
Energy Storage Response Group
8350 US 23 North
Delaware OH 43015
USA

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Attachment: Professional Services Agreement (3994 : Energy Storage Response Group)

MUTUAL NON-DISCLOSURE AGREEMENT
This Mutual Non-Disclosure Agreement (the “Agreement”) is dated September 12, 2023 (the “Effective Date”) and is between Energy Storage Response Group LLC, an Ohio limited liability company (“ESRG”) and the City of Ripon, a California municipal corporation (“City”).

The parties agree as follows:

1. Confidential Information. Except as set forth in section 3 below, “Confidential Information” means all non-public, confidential, or proprietary information disclosed before, on, or after the Effective Date, by one party (“Disclosing Party”) to the other party (“Recipient”), to any of their affiliates, or to any of the parties’ employees, officers, directors, partners, shareholders, agents, attorneys, accountants, or advisors (collectively, “Representatives”), whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as “confidential”. Without limitation, Confidential Information includes:
(i) information concerning the parties’, their affiliates’, their customers’, their suppliers’, and other third parties’, past, present, and future business affairs including, without limitation, finances, customer information, supplier information, products, services, organizational structure and internal practices, forecasts, sales and other financial results, records and budgets, and business, marketing, development, deployment, sales, and other commercial strategies;
(ii) unpatented inventions, ideas, methods, and discoveries, trade secrets, know-how, unpublished patent applications, and other intellectual property; (iii) designs, specifications, documentation, components, source code, object code, images, icons, audiovisual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, of any of the foregoing; (iv) other information that would reasonably be considered non-public, confidential, or proprietary given the nature of the information and the parties’ businesses; and (v) notes, analyses, compilations, reports, forecasts, studies, samples, data, statistics, summaries, interpretations, and other materials (the “Notes”) prepared by either party and their Representatives that contain, are based on, or otherwise reflect or are derived, in whole or in part, from any of the foregoing.

2. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall expire on the two (2) year anniversary of the Effective Date, provided that either party may terminate this Agreement at any time by providing written notice to the other party. Notwithstanding anything to the contrary herein, each party’s rights and obligations under this Agreement will survive the expiration or termination of this Agreement for a period of five (5) years from the date of such expiration or termination, even after the return or destruction of Confidential Information (as defined below) by either party (the “Survival Period”), provided that for any and all Personal Information (as

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Attachment: ESRG Mutual NDA Update (3994 : Energy Storage Response Group) defined below) disclosed by Disclosing Party, the Survival Period shall last for the period of time required under applicable federal, state, and local law and that for any and all trade secrets of Disclosing Party, the Survival Period shall last for as long as such Confidential Information qualifies as a trade secret under applicable federal, state, and local law.

3. Exclusions from Confidential Information. Except as required by applicable federal, state, or local law or regulation, the term “Confidential Information” as used in this Agreement will not include information that:
(i) at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Agreement, act, or omission by Recipient or any of its Representatives;
(ii) at the time of disclosure is, or thereafter becomes, available to Recipient on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information to Recipient by any legal, fiduciary, or contractual obligation; (iii) was known by or in the possession of Recipient, as established by documentary evidence, prior to being disclosed by or on behalf of Disclosing Party pursuant to this Agreement; or (iv) was or is independently developed by Recipient, as established by documentary evidence, without reference to or use of, in whole or in part, any of Disclosing Party’s Confidential Information.

4. Recipient Obligations. Recipient shall:
(i) use its best efforts to protect and safeguard the confidentiality of all such Confidential Information;
(ii) not use Disclosing Party’s Confidential Information in any manner to Disclosing Party’s detriment, including without limitation, to reverse engineer, disassemble, decompile, or design around Disclosing Party’s proprietary services, products, and/or confidential intellectual property; (iii) not disclose any such Confidential Information to any person or entity, except to Recipient’s Representatives who (a) need to know the Confidential Information to assist Recipient, or act on its behalf; (b) are informed in writing by Recipient of the confidential nature of the Confidential Information; and (c) are subject to confidentiality duties or obligations to Recipient that are no less restrictive than the terms and conditions of this Agreement;
(iv) comply with all applicable on-site access, remote access, and related security rules and procedures of Disclosing Party;
(v) immediately notify Disclosing Party of any unauthorized disclosure of Confidential Information or other breaches of this Agreement by Recipient or its Representatives; (vi) fully cooperate with Disclosing Party in any effort undertaken by Disclosing Party to enforce its rights related to any

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Attachment: ESRG Mutual NDA Update (3994 : Energy Storage Response Group) such unauthorized disclosure; and
(vii) be responsible for any breach of this Agreement caused by any of its Representatives.

5. Additional Confidentiality Obligations. Except as required by applicable federal, state, or local law or regulation, Recipient shall not, and shall not permit its Representatives to, disclose to any person:
(i) that the Confidential Information has been made available to Recipient or its Representatives, or that it has inspected any portion of the Confidential Information; (ii) that discussions or negotiations may be or are underway between the parties regarding the Confidential Information, including the status thereof; or (iii) any terms, conditions, or other arrangements that are being discussed or negotiated in relation to the Confidential Information.

6. Recipient Representations and Warranties. Recipient states that it will comply and will require its Representatives to comply, with all applicable federal, state, and local data protection laws and regulations in the maintenance, disclosure, and use of all Personal Information contained in any Confidential Information that is disclosed to Recipient or its Representatives hereunder. For purposes of this Agreement, “Personal Information” means information that relates to an individual person and identifies or can be used to identify, locate, or contact that individual alone or when combined with other personal or identifying information that is or can be associated with that specific individual. Recipient further states that the performance of its obligations herein does not and will not violate any other contract or obligation to which Recipient is a party, including covenants not to compete and confidentiality agreements and it is not legally or contractually prohibited from entering into a principal agreement with Disclosing Party. Recipient represents and warrants it has implemented and will continue to maintain sufficient information security protocols to secure and protect the confidentiality of all Confidential Information in Recipient’s or its Representatives’ possession or control.

7. Required Disclosure. Any disclosure by Recipient or its Representatives of any of Disclosing Party’s Confidential Information pursuant to a valid order issued by a court or governmental agency of competent jurisdiction (a “Legal Order”) shall be subject to the terms of this section. Prior to making any such disclosure, Recipient shall provide Disclosing Party with:
(i) prompt written notice of such requirement so that Disclosing Party may seek a protective order or other remedy; and
(ii) assistance in opposing such disclosure or seeking a protective order or other limitations on disclosure.

If, after providing such notice and assistance as required herein, Recipient remains subject to a Legal Order to disclose any Confidential Information, Recipient shall disclose, and, if applicable, shall require its Representatives or other persons to whom such Legal Order is directed to disclose, no more

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Attachment: ESRG Mutual NDA Update (3994 : Energy Storage Response Group) than that portion of the Confidential Information which, on the advice of Recipient’s legal counsel, such Legal Order specifically requires and shall use commercially reasonable efforts to obtain assurances from the applicable court or agency that such Confidential Information will be afforded confidential treatment.

8. Return or Destruction of Confidential Information. Upon the expiration or termination of this Agreement, or at Disclosing Party’s request at any time during the term of this Agreement, Recipient and its Representatives shall promptly return to Disclosing Party all copies, whether in written, electronic, or other form or media, of Disclosing Party’s Confidential Information, or destroy all such copies and certify in writing to Disclosing Party that such Confidential Information has been destroyed.

In addition, Recipient shall also destroy all copies of any Notes created by Recipient or its Representatives and certify in writing to Disclosing Party that such copies have been destroyed.

9. Audit Right. At any time during the term of this Agreement and for a period of one (1) year from the date of expiration or termination of this Agreement, at Disclosing Party’s request, Recipient shall provide to Disclosing Party or its designated agents full access to Recipient’s premises to inspect and audit the relevant books, records, procedures, and practices of Recipient to verify Recipient’s compliance with the terms and conditions of this Agreement.

10. Indemnification. The parties shall defend, indemnify, and hold harmless the other party, its affiliates and their respective shareholders, officers, directors, employees, agents, successors, and permitted assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, in connection with any third party claim, suit, action, or proceeding arising out of or resulting from any breach of this Agreement by the opposite party or any of its Representatives.

11. No Disclosing Party Representations or Warranties. Neither party nor any of their Representatives make any representation or warranty, expressed or implied, as to the accuracy or completeness of the Confidential Information disclosed to the other party hereunder. Neither party nor any of their Representatives shall be liable to the other party or any of its Representatives relating to or resulting from the a party’s use of any of the Confidential Information or any errors therein or omissions therefrom.

12. No Transfer of Rights, Title, or Interest. Disclosing Party hereby retains its entire right, title, and interest, including all intellectual property rights, in and to all Confidential Information. Any disclosure of such Confidential Information hereunder shall not be construed as an assignment, grant, option, license, or other transfer of any such right, title, or interest whatsoever to Recipient or any of its Representatives.

13. No Other Obligation. The parties agree that this Agreement does not require or compel Disclosing Party to disclose any Confidential Information to Recipient, that neither party shall be under any legal obligation of any kind whatsoever, or otherwise be obligated to enter into any business or contractual relationship, investment, or transaction, by virtue of this Agreement, except for the matters specifically agreed to herein, and that either party may at any time, at its sole discretion, terminate discussions and negotiations with the other party.

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Attachment: ESRG Mutual NDA Update (3994 : Energy Storage Response Group)

14. Remedies. Recipient acknowledges that money damages might not be a sufficient remedy for any breach or threatened breach of this Agreement by Recipient or its Representatives. Therefore, in addition to all other remedies available at law (which Disclosing Party does not waive by the exercise of any rights hereunder), Disclosing Party shall be entitled to seek specific performance and injunctive and other equitable relief as a remedy for any such breach or threatened breach, and Recipient hereby waives any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such claim.

15. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Ohio. Any legal suit, action, or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the city of Columbus and County of Franklin, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice, or other document by mail to such party’s address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.

16. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth below (or to such other address that may be designated by a party from time to time in accordance with this section).

If to ESRG:

Energy Storage Response Group LLC
8350 U.S. Highway 23 North
Delaware, OH 43015
With email copies to:

Nicholas A. Warner, Owner [email protected] Andrew H. Stevens, Esq., Counsel [email protected]

1.4.F.b
Packet Pg. 93
Attachment: ESRG Mutual NDA Update (3994 : Energy Storage Response Group) If to City:

Mr. Ken Zuidervaart
Director of Planning
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
With electronic copies to:

Mr. Ken Zuidervaart, Director of Planning [email protected]

17. Entire Agreement. This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.

18. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

19. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

20. Assignment. Recipient may not assign any of its rights or delegate any of its obligations hereunder without the prior written consent of Disclosing Party. Any purported assignment or delegation in violation of this section shall be null and void. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

21. Waivers. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

The parties are signing this Agreement as of the Effective Date.

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Packet Pg. 94
Attachment: ESRG Mutual NDA Update (3994 : Energy Storage Response Group) Energy Storage Response Group LLC
Sign:
[Name, Title, Owner]
City of Ripon
Sign:

Michael Restuccia, Mayor

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Packet Pg. 95
Attachment: ESRG Mutual NDA Update (3994 : Energy Storage Response Group) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/12/2023
Subject: Roadway Striping Maintenance Contract
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the contract with Chrisp Company to provide roadway striping on multiple streets throughout the City in the not to exceed amount of $50,645 (funding source: Street & Road Operating Fund.)
DISCUSSION/ANALYSIS:

City of Ripon staff reached out to contractors in order to obtain proposals to perform maintenance striping work on multiple streets throughout the City. Chrisp Company provided the lowest cost proposal and has performed successful projects for the City in the past.

The attached contract with Chrisp Company will address the following areas:

Doak Boulevard Intersections
- Re-stripe existing intersections at Highland Ave. and Robert Ave.

Goodwin Drive (from Frontage Rd. to Colony Rd.)
- Re-stripe existing lanes, legends and arrows on existing asphalt.

Parallel Avenue (from E. Main St. to Reynolds Ave.)
- Re-stripe existing centerline and legends.

Jack Tone Road (Colony Rd. to River Rd.)
- Re-stripe existing lane lines, legends and crosswalks as needed.

Santos Avenue
- Re-stripe legends and stop bars at Jack Tone Rd. intersection - Re-stripe existing lane lines between Jack Tone Rd. and Hoff Dr.

FISCAL IMPACT:

The maintenance project has a not to exceed cost of $50,645 to be paid for through the Street & Road Operating Fund.

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Attachments:

1. Chrisp Company - Contract

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CITY OF RIPON

SAN JOAQUIN COUNTY, CALIFORNIA

SPECIFICATIONS
FOR
Roadway Striping Maintenance Project
ENGINEER’S CERTIFICATIONS:

These Contract Documents have been prepared by,
or under the direct supervision of, the following Professional Engineer:

Kevin Werner, P.E.

City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
209.599.2108

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Packet Pg. 98
Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Rev_6/2022
i

TABLE OF CONTENTS
GENERAL INFORMATION – SECTION 1 ............................................................................................................... 1 PROPOSAL – SECTION 2...................................................................................................................................... 2 CONTRACT DOCUMENTS – SECTION 3 ................................................................................................................ 3 CONTRACT....................................................................................................................................................................3 INSURANCE REQUIREMENTS – SECTION 4........................................................................................................... 6

END OF TABLE OF CONTENTS

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Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Roadway Striping Maintenance Project GENERAL INFORMATION Page | 1
GENERAL INFORMATION – Section 1

1. Project Information. The Project is located at various locations throughout the City of Ripon.

The work comprises the furnishing of all labor, materials, tools, and equipment required to complete this project as detailed on the proposal.

2. License and Registration Requirements

2.1 Contractor’s License. This Project requires a valid California Contractor’s License for the following classification(s): C-32. Per Public Contract Code §10164, the Contractor must be properly licensed as a contractor from contract award through Contract acceptance.

2.2 City of Ripon Business License. Per Municipal Code Section 5.04.020, a City Business License is required for anyone wishing to carry on commerce within the corporate City limits. Documentation evidencing Contractors Business License is required within fourteen (14) calendar days after City’s issuance of Award.

2.3 DIR Registration. City will not enter into a Contract with a contractor without proof that the contractor and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

3. Labor Compliance

3.1 General. This Project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

3.2 Rates. The prevailing rates are on file with the City Clerk and available online at http://www.dir.ca.gov/DLSR. It shall be mandatory upon the Contractor to whom a contract is awarded, and upon all subcontractors under him, to pay not less than said general prevailing rates of per diem wages to all workers employed in the execution of the contract.

3.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code Section 1771.4.

4. Questions and Requests for Information or Clarification. All questions, requests for information and requests for clarification regarding the Project shall be directed to the following:

James Pease
259 N. Wilma Ave., Ripon, CA 95366
209-599-2108 (phone)
209-599-2685 (fax)
[email protected]

END OF GENERAL INFORMATION

1.4.G.a
Packet Pg. 100 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Roadway Striping Maintenance Project PROPOSAL
Page | 2
PROPOSAL – Section 2
Proposal
Roadway Striping Maintenance Project
Chrisp Company (“Contractor”) hereby submits the attached Proposal to the City of Ripon (“City”) for the above-referenced project (“Project”).

1.4.G.a
Packet Pg. 101 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) To: City Of Ripon Contact: James Pease
Project Name: Asphalt Striping Project Bid Number: 62679 Ripon, CA 95366 USA Fax:

Address: 259 N. Wilma Avenue Phone: 209-599-2108
Project Location: San Joaquin, Ripon, CA Bid Date: 8/31/2023 Item # Item Description Estimated Quantity Unit Unit Price Total Price Doak
7 Detail 38A 531.00 LF $4.00 $2,124.00
8 12" Stop Bar/Crosswalk 66.00 LF $9.00 $594.00
9 Type I (18) Aarow 2.00 EACH $400.00 $800.00
10 Type II Arrow 2.00 EACH $600.00 $1,200.00
11 Legend Word 4.00 EACH $500.00 $2,000.00
Total Price for above Doak Items: $6,718.00
Goodwin
14 Detail 1 478.00 LF $2.00 $956.00
15 Detail 8 2,613.00 LF $2.00 $5,226.00
16 Detail 21 423.00 LF $4.00 $1,692.00
17 Detail 31 1,190.00 LF $8.00 $9,520.00
18 Detail 38A 100.00 LF $4.00 $400.00
19 12" Stop Bar/Crosswalk 66.00 LF $9.00 $594.00
20 Type I (18) 3.00 EACH $400.00 $1,200.00
21 Legend Word 2.00 EACH $500.00 $1,000.00
Total Price for above Goodwin Items: $20,588.00
Jack Tone & Santos
1 Detail 8 1,776.00 LF $2.00 $3,552.00
2 Detail 38A 467.00 LF $4.00 $1,868.00
3 12" Stop Bar/Crosswalk 351.00 LF $9.00 $3,159.00
4 Type I (18) Arrow 2.00 EACH $400.00 $800.00
5 Type II Arrow 12.00 EACH $600.00 $7,200.00
6 Type IV Arrow 3.00 EACH $300.00 $900.00
Total Price for above Jack Tone & Santos Items: $17,479.00 Parallel
12 Detail 1 2,430.00 LF $2.00 $4,860.00
13 Legend Word 2.00 EACH $500.00 $1,000.00
Total Price for above Parallel Items: $5,860.00
Total Bid Price: $50,645.00
9/6/2023 12:49:29 PM Page 1 of 3

1.4.G.a
Packet Pg. 102 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) To: City Of Ripon Contact: James Pease
Project Name: Asphalt Striping Project Bid Number: 62679 Ripon, CA 95366 USA Fax:

Address: 259 N. Wilma Avenue Phone: 209-599-2108
Project Location: San Joaquin, Ripon, CA Bid Date: 8/31/2023 Notes:
•
Revised, Deleting Cornerstone Area
· 1 Move- In(s) included. Additional Move- Ins $4,500.00 · Chrisp Company reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid date · Clean, clear and unobstructed access required for Chrisp Co. work · Final PAY QTYS presented by owner MUST be agreed by Chrisp Co. · After receiving contract 10 working days written notice required prior to scheduling of work · EXCLUDE: Special Insurance Requirements,(i.e. Railroad Insurance,______________________) · This quotation excludes Primary Liability Insurance greater than $2,000,000. · This quotation excludes all work associated with the project SWPP and WPCP. · ALL Bid items shall NOT be adjusted or removed without written / or verbal permission. · Retainage percentage on monthly progress payments to be no greater than the percentage retained by the Owner on its payment to the Contractor. If Owner reduces the retainage percentages on payments to the Contractor, the Contractor shall likewise reduce the retainage percentage on payment to Chrisp Company. Full retention to be released no later than thirty, (30) Days after completion of Chrisp Companies work. Excessive or delinquent retainage will be subject to the highest interest rate allowed by law. · Chrisp Company shall be reimbursed the full amount for bonds upon submission to General Contractor. Retention shall not be held from bond reimbursement.
· THIS QUOTATION IS BASED ON A STANDARD MONDAY THROUGH FRIDAY WORK WEEK. ADDITIONAL COSTS WILL OCCUR FOR WORK

PERFORMED ON WEEKENDS
· CHRISP COMPANY WILL USE EXISTING EMPLOYEE POOL TO PERFORM ALL WORK ON THIS PROJECT. IF THERE ARE ANY HIRING

GOALS FOR THIS PROJECT THIS WILL BE EXCLUDED
· EXCLUDE: ALL Safety Training, Badging, Drug Testing and Orientation (To be paid at time and material Cal-Trans · EXCLUDE: REMOVAL OF USA MARKINGS
· EXCLUDE Automated Flagger Assistance Device. General Contractor to provide automated flagger assistance device (if required) at no cost.
· General Contractor Shall Disclose and Update Chrisp Company on all project Milestone bonuses, Chrisp Company shall be awarded a percentage of Milestone bonus in proportion to Chrisp Company percentage of contract work to meet Milestone Deadlines. • · This quotation excludes installing permanent striping while other operations are in progress on jobsite. · Chrisp Co. will remove contractors short term temporary markers (Floppies) placed for lanelines and centerlines only (no edgelines or shoulders). No Tape removal. Short Term Temporary markers are to be placed so that striping may be placed before removal of temporary markers.
· This quotation Excludes furnishing or placing ALL signage for advance posting of ramp closures / detours for our operations. · This quotation Excludes furnishing or placing ALL detour signage for our operations. · EXCLUDE: Encroachment Permit (If required to be provided at No Cost to Chrisp Company) · EXCLUDE: ALL Etching, Inscribing on curb,
· EXCLUDE: Advanced posting of "No Parking" signs
· EXCLUDE: Maintenance of temporary delineation ie. temporary paint, temporary tape, channelizers, etc… · EXCLUDE: Red-Lined As-Built Drawings
· EXCLUDE: Truncated Domes
· EXCLUDE: Construction Area Signs
· EXCLUDES: Decorative Pavement/Concrete Overlay, Decorative Stamped Asphalt/Concrete and Preform Thermo Stripe and Legends • · Changeable Message board if required to be provided by General Contractor for Chrisp Co. Use at no Charge to Chrisp Company · EXCLUDE: Traffic Control Plan
· Traffic Control INCLUDED for Chrisp Company work ONLY • · EXCLUDE: Installation or removal of temporary delineation · EXCLUDE: Removal of Existing Striping & Markings
· EXCLUDE: Removal of Existing Pavement Markers
· EXCLUDE: Seal Coat
9/6/2023 12:49:29 PM Page 2 of 3

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Packet Pg. 103 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) To: City Of Ripon Contact: James Pease
Project Name: Asphalt Striping Project Bid Number: 62679 Ripon, CA 95366 USA Fax:

Address: 259 N. Wilma Avenue Phone: 209-599-2108
Project Location: San Joaquin, Ripon, CA Bid Date: 8/31/2023 ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Chrisp Company Stockton
Authorized Signature:

Estimator: Brent Barton
760-270-2787 [email protected]
9/6/2023 12:49:29 PM Page 3 of 3

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Packet Pg. 104 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Roadway Striping Maintenance Project CONTRACT
Page | 3
CONTRACT DOCUMENTS – Section 3
Contract
For
Roadway Striping Maintenance Project
This Contract made and entered into this 12th day of September, 2023, by and between the CITY OF RIPON, hereinafter called the "City" whose office and principal place of business is in Ripon, San Joaquin County, California, and Chrisp Company, hereinafter called the "Contractor", whose Post Office address is 1001 Stokes Avenue, Stockton, CA 95215.

- WITNESSETH -
That the City has awarded to the Contractor upon his bid duly submitted, the Contract for doing the work and furnishing the materials and equipment described in the Plans and Specifications bound herewith, on the terms stated as follows:

1. Contractor Agrees:
a) To do all the work and furnish all labor, material, equipment and appliances to complete the work in accordance with the plans and specifications. b) To do and perform said work diligently as directed by the City until completion is evidenced by written acceptance.
c) To complete said work within the time stated in the proposal. d) To do and perform the work contemplated hereby and furnish all labor, material, appliances, equipment, tools, and pay all taxes therefore, in the amount and at the prices specified in the proposal form submitted by the Contractor, a conformed copy of which is attached to and made a part of the Contract. e) To procure and maintain Commercial General Liability, Automobile Liability, Workers’ Compensation and coverage forms and endorsements, as specified in “Insurance Requirements – Section 4”.
f) That the obligation to procure and maintain the required insurance coverage is independent of the Contractor’s obligation to defend, hold harmless and indemnify the City as specified in this Contract. The failure of the Contractor to procure and maintain the required liability insurance does not in any way negate the Contractor’s obligations in this Contract.
g) That in the event of loss due to any of the perils for which it has agreed to provide liability insurance coverage, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to the City, on behalf of any insurer providing liability coverage to either Contractor or City, a waiver of any right to subrogation

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Packet Pg. 105 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Roadway Striping Maintenance Project CONTRACT
Page | 4
which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
h) Wherever and whenever the word “City” is used in this Contract, it shall mean the “City of Ripon.” This shall also apply to the Insurance Requirements for Contractors, as well as to the Proposal, Contract, Specifications and all required bonds. The address of the City is 259 North Wilma Avenue, Ripon, CA 95366. i) To indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

2. The City agrees to pay the Contractor the Contract prices provided for herein in the following manner:

Progress payments will be made monthly for this contract. At the completion of all the work detailed on the plans and in the specifications for the above named project, the contractor shall submit a payment request for one hundred percent (100%) of the total value of the work.

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

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

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

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

Accepted Proposal City of Ripon Standard Specifications Contract State of California Standard Specifications
Project Plans and Specifications

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Packet Pg. 106 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Roadway Striping Maintenance Project CONTRACT
Page | 5
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, on the day and year first above written.
“CONTRACTOR” “CITY”
Chrisp Company CITY OF RIPON, a Municipal Corporation
By: By:

Michael Restuccia, Mayor

END OF CONTRACT

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Packet Pg. 107 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Roadway Striping Maintenance Project INSURANCE REQUIREMENTS Page | 6
INSURANCE REQUIREMENTS – Section 4
Contractor shall procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.

A. MINIMUM SCOPE OF INSURANCE

1. General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. Contractor’s general liability policies shall be primary and noncontributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

2. Auto Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than two million dollars ($2,000,000) per accident.

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

B. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City.

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

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Packet Pg. 108 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Roadway Striping Maintenance Project INSURANCE REQUIREMENTS Page | 7
C. OTHER INSURANCE PROVISIONS
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

1. The City, its officers, public officials, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

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

3. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

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

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

D. ACCEPTABILITY OF COMMERCIAL INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A-: VII.”

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Packet Pg. 109 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) Roadway Striping Maintenance Project INSURANCE REQUIREMENTS Page | 8

FOR CONSTRUCTION RISKS
If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirements specified above, the Contractor shall procure and maintain Course of Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions. The Course of Construction insurance policies shall contain the following provisions:

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

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

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

END OF INSURANCE REQUIREMENTS

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Packet Pg. 110 Attachment: Chrisp Company - Contract (3995 : Roadway Striping Maintenance Contract) a
Packet Pg. 111 Attachment: Bank of Stockton semi-annual fee invoice 2023.08 (3964 : Bank of Stockton) a
Packet Pg. 112 Attachment: Bank of Stockton semi-annual fee invoice 2023.08 (3964 : Bank of Stockton) a
Packet Pg. 113 Attachment: Bank of Stockton semi-annual fee invoice 2023.08 (3964 : Bank of Stockton) b
Packet Pg. 114 Attachment: Bank of Stockton semi-annual fee invoice 2023.08 #2 (3964 : Bank of Stockton) b
Packet Pg. 115 Attachment: Bank of Stockton semi-annual fee invoice 2023.08 #2 (3964 : Bank of Stockton) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 09/12/2023
Subject: Amendment 4 to Ripon Police Sergeants' Association MOU This resolution adopts Amendment No. 4 to the Memorandum of Understanding for all employees of the City of Ripon Sergeants’ Association (RSA) for Fiscal Years 2021 – 2024.

Attachments:

1. RSA Amendment No. 4
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RESOLUTION NO. 23-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ADOPTING AMENDMENT NO. 4 TO THE

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

RIPON POLICE SERGEANTS' ASSOCIATION
WHEREAS, the City Council of the City of Ripon is desirous of adopting Amendment No. 4 to the Memorandum of Understanding for all employees of the City of Ripon Sergeants’ Association (RSA) for Fiscal Years 2021 – 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon does hereby adopt Amendment No. 4 attached hereto as Exhibit “A” to the Memorandum of Understanding for the period July 1, 2021 through June 30, 2024, filed with the City Clerk of the City of Ripon this 12th day of September, 2023, as the current compensation plan for the City of Ripon for these employees.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 12th day of September, 2023, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk
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Exhibit A
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Attachment: RSA Amendment No. 4 (23-42 : Amendment 4 to Ripon Police Sergeants' Association MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/12/2023
Subject: Gilton Resource Recovery
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the agreement with Gilton Resource Recovery for residential municipal solid waste processing in order to comply with the State mandated requirements of Senate Bill 1383.

BACKGROUND:

The City of Ripon, along with all jurisdictions in California, are subject to several California solid waste laws. The most recent piece of legislation State Senate Bill 1383, which was signed into law by Governor Brown in 2016, required jurisdictions to adopt enforceable ordinances that are consistent with the requirements of the Organic Waste Diversion regulations to mandate compliance from organic waste generators, haulers and other entities. The law establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants in various sectors of California's economy and establishes a target of a 50 percent organics disposal reduction by 2020 and a 75 percent reduction by 2025 using 2014 as the baseline. The law also grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.

The City Council approved Ordinance 912 at the March 8, 2022 City Council meeting that amended Chapter 8.12 “Garbage Collection and Disposal” of the Ripon Municipal Code to meet the requirements set forth by the State. The ordinance has several references to the CalRecycle Organic Waste Reduction regulations, which are enforced through the California Code of Regulations Title 14-Natural Resources, Division-7 Department of Resources Recycling and Recovery.

The regulations of the Senate Bill are very restrictive and include most sectors such as residential, commercial businesses, commercial food generators, schools, industrial and Packet Pg. 119
government entities. Each resident and business must subscribe to an organic waste collection service that either source separates the waste (separate bins) or transports all unsegregated waste to a facility that recovers 75 percent of the organic content collected from the system.

DISCUSSION:

At the June 13, 2023, staff provided the Council details of certain requirements within the bill that will have the largest impacts on residential rates, capital expenses, procurement obligations and operational challenges. Staff outlined the three CalRecycle options that cities and counties are limited to for residential curbside collection services noting specific advantages and challenges related to each and how they compare to our current collection operation.

Council directed staff to continue the two container collection service and move forward with drafting an agreement between the City and Gilton in order to provide the most cost effective path to complying with SB1383. An annual increase of approximately $250,000 will be added to the current operation which will result in an approximate 12% increase to the current rates. Staff will provide the City Council with a detailed cost analysis of the SB1383 impacts to the Garbage Enterprise Funds and current rates during the upcoming annual enterprise fund update for year 4.

The attached agreement with Gilton details the requirements of each party and once executed allows the City to begin hauling residential curbside black can waste to the Gilton high diversion organic processing facility in order to comply with SB1383.

FISCAL IMPACT:

The tipping fee increase to process the residential municipal solid waste at the Gilton facility is approximately $250,000 annually once implemented and will be paid for through the Garbage Enterprise Operating Fund.

Attachments:

1. Gilton Resource Recovery Agreement
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AGREEMENT BETWEEN THE

CITY OF RIPON AND GILTON RESOURCE RECOVERY

RELATING TO SOLID WASTE DISPOSAL
This Agreement is made and entered into this ________ day of _____________, 2023, by and between the CITY OF RIPON, hereinafter called “CITY”, and GILTON RESOURCE RECOVERY, hereinafter called “GILTON”.

NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:

1. Agreement. The parties hereto agree that for the term of this Agreement, CITY shall haul all residential Municipal Solid Waste (MSW) collected by CITY to the GILTON Transfer Station located at 800 S. McClure Road, Modesto, CA. GILTON, at its sole cost, shall receive all said refuse delivered to it at said transfer station. GILTON acknowledges and understands the current volume of residential MSW produced by the CITY and guarantees this and future increases at said transfer station for the duration of this agreement.

2. Fee for Disposal of MSW. CITY agrees to pay GILTON $115 per ton of MSW for disposal.

Beginning January 1, 2025, this payment rate may be annually adjusted to reflect any increases as shown in the Bureau of Labor Statistics, Bay Area Cities “Consumer Price Index, CPI-U All Items, 12 month % Change” as of June 30th of the previous year. This adjustment shall be capped at a maximum of 5% per year.

3. Extraordinary Cost Increases. If there are any extraordinary cost increases due to State Mandated requirements above and beyond the requirements set forth in Senate Bill 1383, the parties shall meet and confer as to any additional compensation for implementing the additional requirements.

4. Term of Agreement. The term of this agreement shall be for five years, commencing on December 1, 2023 and terminating on December 1, 2028. This agreement shall automatically be extended one year on December 1st of each year unless written notice to the contrary is given no less than 90 days in advance by either party.

5. Disposal of MSW. Residential MSW shall be sorted at the GILTON Transfer Station to remove all items that are recyclable, compostable, or part of a source reduction program. The remaining waste shall be taken by GILTON to San Joaquin County designated and operated facilities for disposal.

6. AB939 Fee. GILTON is required to pay the County of San Joaquin an amount equal to the established AB939 Fee on any waste, except that waste found to be recyclable, compostable, or part of a source reduction program, collected under this agreement that is disposed of outside San Joaquin County.

7. SB 1383 Requirements. GILTON shall continue to meet all of the solid waste facility requirements set forth by Senate Bill 1383 Short-Lived Climate Pollutants.

8. High Diversion Facility. GILTON shall remain a high-diversion organic waste processing facility as defined in 14 CCR Section 18982(a)(33).
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Packet Pg. 121 Attachment: Gilton Resource Recovery Agreement (3970 : Gilton Resource Recovery)

9. Termination. All terms and conditions of this agreement are considered material and any default shall be deemed to constitute a breach of the contract. If a default does occur, the party not in default shall give the party in default a notice of breach in writing. If after thirty (30) days the party in default fails, neglects or refuses to make good or perform the default, then the party not in default may cancel the agreement.

10. Authority of Parties. By signing below, each signatory represents that he or she has the authority to bind the party on whose behalf he or she is signing.

CITY OF RIPON GILTON RESOURCE RECOVERY
By:___________________________ By:______________________________

MICHAEL RESTUCCIA RICHARD GILTON
Mayor Chair President & Chief Executive Officer
ATTEST:

By:_____________________________ By:______________________________

LISA ROOS
City Clerk Executive Director
APPROVED AS TO FORM:

By:_____________________________ By:______________________________

TOM TERPSTRA
City Attorney Deputy
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Packet Pg. 122 Attachment: Gilton Resource Recovery Agreement (3970 : Gilton Resource Recovery) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 09/12/2023
Subject: Fleet Maintenance Facility Change Order 5
RECOMMENDED ACTION:

Approve Change Order No. 5 for various contract changes related to unforeseen field conditions, electrical design changes, and new Modesto Irrigation District (MID) requirements in the not to exceed amount of $62,905 (funding sources: Corp Yard AB1600 Fund, 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.

At the August 8, 2023 City Council meeting, Council approved Change Order No. 4 in the not to exceed amount of $4,889 for countertop leg panels, additional concrete for sidewalk, and filling an underground concrete pipe.

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DISCUSSION:

The Fleet Maintenance Facility Project required design changes due to field conditions, electrical revisions, and requirements from Modesto Irrigation District (MID), as summarized below:

Project changes related to field conditions: The site has a large sand layer which resulted in additional materials being required for installing the stormwater pipe as compared to the detail shown in the bid package. The additional cost related to this change is $5,442.

Project changes related to electrical revisions: The bid drawings for the building interior had a discrepancy between the mechanical and electrical drawings. In order for the electrical design to meet the requirements of the mechanical design, additional conduit and wire is needed. An additional 20A breaker is also required for the project in the building. The additional cost related to these changes is $26,762.

Project changes related to MID requirements: A previous change order modified the exterior primary and secondary power connections. MID has issued additional requirements related to this previous change order for the primary power connection that includes two 4-inch conduits to be run to a pull box at the southern border of the site. The additional cost related to this change is $30,701.

The additional work is to be billed at a cost not to exceed $62,905.

FISCAL IMPACT:

The attached Change Order No. 5 is in the amount of $62,905 and will be allocated to the Corp Yard AB1600 Fund (47.0%), Water, Sewer and Storm Enterprise Capital Funds (15.8%) and General Capital Fund (37.2%). The amended construction contract price is shown in Table 1.

Table 1 – Current Contract Price
Amount
Original Contract Price $ 11,156,000
Change Orders (1-5) $ 490,032
Current Contract Price $ 11,646,032
Attachments:

1. CO 5
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CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 5 DATE: 9/12/2023
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:

Materials for sand condition (PC 34 R1) $5,442.00
Equipment conduit added per RFI 45 (PC 45 R2) $21,564.00 20A breaker for BP-1 (PC 53) $5,198.00
Conduit to south of property per MID direction (PC 67) $30,701.00 Total: $62,905.00
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.
$62,905.00
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 17 Calendar Days a
Packet Pg. 125 Attachment: CO 5 (3993 : Fleet Maintenance Facility Change Order 5) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 09/12/2023
Subject: Meadowood Development Agreement Extension Request RECOMMENDED ACTION:

Approve a one-year extension of the Meadowood Development Agreement expiration date.

BACKGROUND:

At the December 2022 City Council meeting, the City Council approved a Development Agreement amendment for the Meadowood Residential development project. Essentially, the amendment allowed additional time for owners/developers to commence construction on their projects. The approved amendment allowed owners/developers an initial five (5) years to start construction of their project instead of three (3), with an option to apply for 1-year extensions for the remainder of their development agreement term, upon approval by the City Council.

The Meadowood Development Agreement in now approaching the initial five (5) year performance clause as stipulated in their amended Development Agreement. Therefore, the owners/developers are asking for a 1-year extension as allowed for in the amended Development Agreement. The City Council may grant or deny such extension in their sole discretion.

DISCUSSION/ANALYSIS:

The owners/developers have been working diligently on marketing the project to potential home builders, and feel they are making headway. Staff has reviewed their request, and believes the original and amended Development Agreement is still in the best interest of the City for development in that area. Therefore staff is recommending approval of their extension request.

FISCAL IMPACT:

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

Attachments:

1. 1- Year Time Extension Request
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MVE Inc.

Project Management. Civil/Structural Engineering. Urban Design. Land Planning Entitlements· Right-of-Way/Permitting . Surveying. Construction Staking. Graphics August 22, 2023
City of Ripon
Planning Department
259 North Wilma Avenue
Ripon, CA 95366
RE: I-YEAR TIME EXTENSION REQUEST
MEADOWOOD TENTATIVE SUBDIVISION MAP (S17-02)
Dear Director Zuidervaart,
MVE, Inc. is the firm who represents the owners of the property known as Meadowood, which has an approved Subdivision Map (517-02) and Development Agreement (DA17-02), approved by the City Council on February 13th, 2018.

MVE, Inc. has been authorized by the owner of the property to act on their behalf in regards to requesting this time extension for the filing of the Final Map. As you are probably aware, this Tentative Map is scheduled to expire on or around December 31st, 2023. Please accept this letter as our formal request for a i-year time extension to file the Final Map, which is permitted under the amended Development Agreement approved last year.

We are currently working with several interested home builders and we respectfully request that this extension be granted to allow sufficient time to complete the various steps that are needed to meet the conditions of approval and facilitate the recording of this Subdivision Map.

Sincerely,
Joshua Mann
Director of Land Planning
MVE, Inc.
mid-valleyengineering
1117 L Street, Modesto, CA 95354·866.526.4214·866.932.%83 fax· www.mve.net Northern California· Southern California· Nevada
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Packet Pg. 127 Attachment: 1- Year Time Extension Request (3968 : Meadowood Development Agreement Extension Request) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 09/12/2023
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 along with various text 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.

At the August 8, 2023 City Council meeting staff presented a redlined version of Chapter 5.40 for first reading and introduction based on the feedback received from Council at the special July 26, 2023 meeting.

DISCUSSION/ANALYSIS:

From direction received from Council at the first 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.

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 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 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. There were no changes from first reading to second reading. Following is the proposed Ordinance recommended for second reading and adoption.

FISCAL IMPACT:

None.

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ORDINANCE NO. 925

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 reasonable

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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 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, block parties, business promotions 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 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 performancebased event. No use of alcoholic beverages shall be permitted before or after the event.

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

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

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

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

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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 12th day of September, 2023, by the following vote:

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

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

By: ___________________________
LISA ROOS, City Clerk

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 09/12/2023
Subject: Poet Laureate
RECOMMENDED ACTION:

If the City Council is interested in moving forward with a City Poet Laureate grant program from the Library and Literacy Foundation of San Joaquin County (“Foundation”), authorize staff to prepare an agreement with the Foundation to receive grant funding and move forward with a City Poet Laureate program.

BACKGROUND:

The Foundation – a philanthropic organization administered by the San Joaquin Community Foundation – has expressed an interest in providing a $15,000 grant over the next three years to the City of Ripon, to help establish its’ first City Poet Laureate.

Many cities throughout the state and nation have established City Poet Laureates to inspire and remind local communities about the power and beauty of poetry and the importance of literacy in our communities and schools. The Board of Directors of the Foundation believes that a poet laureate program also invests in each city’s human capital and talent to build its capacity for advocacy for reading and the literary arts. In 2020, the Board pre-approved funding to all cities in San Joaquin County to establish City Poet Laurate Programs. Since then, the Board has been successful in providing grant funding to establish poet laureate programs for the City of Lodi, the City of Manteca, and is currently working with the City of Tracy.

DISCUSSION/ANALYSIS:

The proposed program will run for a three-year term, with a budget of $15,000 over the three years. The program will be evaluated after three years to assess its effectiveness and potential for future growth. To receive the grant from the Foundation, the program will need to include a minimum of four to six events each year, such as:

1. Composing one poem per year dedicated to the City of Ripon and reading at a City Council meeting.

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2. Partnering with the Ripon Library to host teen events such as spoken word events, poetry slams, or book clubs.

3. Holding literacy events with the Ripon Unified School District.

4. Hosting early childhood literacy programs, including story time, at the Ripon Library.

5. Providing a free poetry workshop to the general public at the Ripon Library.

6. Hosting public readings of original poetry.

If the City Council is interested in moving forward with a City Poet Laureate program, the following outlines the City responsibilities, along with the basic framework of the program, for City Council’s consideration:

Enter into a Grant Agreement with the Foundation.

Staff to work with the Foundation on Grant Agreement language and bring back to the City Council at a future meeting for action.

Select a Poet Laureate
The City of Ripon Recreation Commission to advertise, interview, and recommend to the City Council an individual to serve as the City of Ripon Poet Laureate for the three-year term of the grant.

The Poet Laureate would need to live within the Ripon city limits.

The selected Poet Laureate to receive funding to complete the events as previously outlined. Staff suggests that the payment be split in equal annual payments at the end of each year of the program once an annual report is submitted to the City of Ripon showing the minimum program requirement of events has been completed.

Report on Grant Effectiveness.

A final report prepared by the City of Ripon that outlines the use of all grant funds and the activities that were completed is required to determine the effectiveness of the grant.

If the City Council is interested in moving forward with the grant to establish a City Poet Laureate, direct staff to move forward with the program as described above or with City Council modifications.

FISCAL IMPACT:

The administrative cost to administer this program is estimated to be less than $2,000. If the City Council wanted to offset these costs, grant funds could be used to do so.

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Ripon City CouncilSeptember 12, 2023

Ripon City Council
September 12, 2023