Minutes — Ripon City Council, October 10, 2023

Ripon City Council Minutes
TUESDAY, OCTOBER 10, 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 Dean Uecker, Gary Barton, Daniel de Graaf, Vice Mayor Leo Zuber, Mayor Michael Restuccia.

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

IN THE MATTER OF:
(1) Personnel Negotiations Pursuant to Section 54957.6 of the California Government Code - Bohannon Insurance Group: 2024 Health and Welfare Renewals (2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 257-300-20
(3) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 1 case.

Return to open session.

City Attorney Terpstra said Council met in closed session to discuss employee health benefits; 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 Sauer leading in the Pledge of Allegiance to the Flag.

INVOCATION:

Pastor Chris Williams gave the invocation.

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ROLL CALL:

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

City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby, Tricia Staley, Scott Lindsay, Matt Riddle, Kelly Donohue, Carrie Sweet.

INSTALLATION OF THE CHIEF OF POLICE
Mayor Restuccia said that he believes in the philosophy of promoting from within. He said Chief Sauer has proven that he has the ability to continue the process that he has begun and Sauer has earned the respect of his peers, staff and Council. Restuccia said Sauer was highly recommended by former Chief Ormonde. Restuccia said Chief Sauer has the full support of the Council.

Pastor Glenn Gerdes opened the ceremony with a prayer of blessing over Chief Sauer and his new position.

City Clerk Roos administered the Oath of Office to Daniel Sauer.

Restuccia invited Carla and Olivia Sauer to present Sauer with his jacket and pin on the Chief’s badge.

Sauer thanked everyone for coming. He said when he started with the Ripon Police Department 21 years ago he never thought he would become the Chief of Police. He said as he was mentored, progressed through the ranks, and received encouragement from those around him, he began to realize becoming Chief of Police was a real possibility. He said his dad always encouraged him in this path. He said he wishes his parents were present for this and could be here tonight but he is surrounded by his precious family. Sauer said he loves this community and is grateful for the support.

Mayor Restuccia called for a ten minute recess at 6:12 PM to allow friends and family to congratulate Sauer.

Meeting returned to session at 6:25 PM
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PUBLIC DISCUSSION:

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

Marty Harris said he and his wife are pleased to see actions being taken by the Ripon Consolidated Fire District (RCFD) and are encouraged by the support they have received from the RCC and others in regards to staffing the empty fire station in Ripon.

Harris said he believes that as the costs of living continue to rise, it seems unlikely that voters may be willing to support increases to their property taxes. He said for this reason, both his wife and him believe that obtaining the funds necessary to staff the empty Ripon fire station may be best achieved by using funding made available through Proposition 172.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council Meeting of September 12, 2023.

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

1. CITY COUNCIL - REGULAR MEETING - SEP 12, 2023 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Vice Mayor Zuber requested Item 1.2Q be pulled from the Consent Calendar for discussion.

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

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

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(September 2022 $318,026.99
FY 2023-24 YTD: $1,181,577
FY 2022-23 YTD: $1,286,231
Highway Users Tax
(August 2022 $38,749.41)
FY 2023-24 YTD: $81,693
FY 2022-23 YTD: $77,820
SB1 Street & Road Tax
(September 2022 $29,236.70)
FY 2023-24 YTD: $96,083
FY 2022-23 YTD: $85,481
$365,794.33
$41,424.00
$33,594.18
TOTAL $440,812.51
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
September 2023 $1,271.90
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment – July 2023 $3,580.49

1.2. Bills, Invoices, Payments
A. BASECAMP ENVIRONMENTAL, INC.

South County Water Project
Progress Payment – Invoice #52267 $292.50
B. TERRACON CONSULTANTS, INC.

Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TJ94581
Invoice #TK02832A
$3,256.00
$7,491.00
TOTAL $10,747.00
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C. FEHR & PEERS
East Main Street Traffic Signal Project
Traffic Analysis and Traffic Engineering Design Services Progress Payment
Invoice #164730
Invoice #165419
Invoice #166739
Invoice #167949
$1,968.20
$4,929.60
$1,381.90
$5,167.50
TOTAL: $13,447.20
D. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #7 $509,238.00
E. COGDILL + ASSOCIATES, INC.

Appraisal Service
APN: 245-180-23
$5,000.00
F. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY Crime Shield Program
Liability Program
Workers’ Compensation Program
$2,789.00
$109,177.00
$159,138.00
TOTAL $271,104.00
G. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #31562 $9,930.00
H. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $186,550.00
I. TRIPLE M ENTERPRISE, INC.

Percolation Pond Project
Invoice #2023-15 $52,725.00
J. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #102794 $220.99
K. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #28948 $63.50
L. MCR ENGINEERING
Construction Management & Inspection Services for the
Bethany Home Terraces & Jack Tone Car Wash Projects
Progress Payment – Invoice #18775 $3,125.00
City Council Page 6 October 10, 2023
M. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #59503 $27,126.20
N. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #26/622-03-20 $11,837.50
O. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
July and August Invoice #AR113747 $4,612.51
P. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
SSJID Groundwater Sustainability Agency
Padilla Accessory Dwelling Unit
Private Development
$5,310.00
$811.25
$295.00
$4,462.50

TOTAL $10,878.75
Q. ITEM Q WAS MOVED TO ITEMS PULLED FROM CONSENT

1.3. Resolutions
A. RESOLUTION NO. 23-43

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

APPOINTING NEWPORT TRUST

COMPANY AS THE CUSTODIAN
OF THE CITY OF RIPON 457

DEFERRED COMPENSATION

PLAN WITH STRATEGIC

RETIREMENT
This resolution removes Fidelity
Investments and appoints Newport Trust
Company as the custodian to the City of
Ripon 457 Deferred Compensation Plan
with Strategic Retirement and authorizes
the City Administrator and City Clerk to
execute the necessary documents to
implement this change.

B. RESOLUTION NO. 23-44

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE RIPON

POLICE DEPARTMENT TO

SUBMIT A GRANT APPLICATION

TO THE SAN JOAQUIN COUNTY

AIR POLLUTION CONTROL

DISTRICT PUBLIC BENEFIT

GRANT PROGRAM FOR THE

PURCHASE OF AN ALTERNATIVE

FUEL VEHICLE
This resolution authorizes the Ripon
Police Department to submit a grant
application to the San Joaquin Valley Air
Pollution Control District public benefit
grant program for the purchase of one (1)
alternative fuel vehicle in the amount of
$70,000 (funding sources: Grant of
$20,000 and $50,000 from the General
Department Capital Fund).

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1.4. Miscellaneous Items
A. GENERAL SERVICES AGREEMENT - AMENDMENT NO. 4
Terracon Consultants, Inc. Approve and authorize the Mayor to sign Amendment No. 4 to the General
Services Agreement with Terracon
Consultants, Inc. to provide construction
materials testing and inspection services
for the Fleet Maintenance Facility
Project, in the not to exceed amount of
$50,000 (funding sources: Corp Yard
AB1600 Fund, Enterprise Capital
Funds, and General Department Capital
Fund).

B. CITY HALL/POLICE DEPARTMENT FENCE REPLACEMENT
Richter Fence Approve and authorize the Mayor to
sign the contract with Richter Fence to
replace the temporary fence behind the
City Hall/Police Department building in
the not to exceed amount of $19,900
(funding source: General Department
Capital Fund).

C. CLAIM
Steven Mennucci Approve claim filed by Steven
Mennucci.

D. TREE PRUNING MAINTENANCE PROJECT
Grover Tree Service Approve and authorize the Mayor to
sign the contract with Grover Tree
Service in the amount of $35,175 to
provide tree pruning/removal
maintenance in multiple parks and
landscaped areas (funding source:
expenses paid through the various funds
that currently fund the landscape
maintenance where the work is
planned).

City Council Page 8 October 10, 2023

ITEMS PULLED FROM CONSENT

1.2Q : TOM MAYO CONSTRUCTION
Asphalt Repair Contract
Progress Payment – Invoice #2023018-01 $49,000.00
Vice Mayor Zuber said many cities are concerned about the deterioration of their streets and he is pleased with the approach Ripon takes in order to keep our streets at the level streets should be. He said he has received many comments from residents that the streets are nicer than many other towns they visit. Zuber said he wanted to commend Public Works Director Pease and his team for their approach to maintaining the streets.

Council Member Barton thanked Zuber for his comments and echoed the sentiment.

Motion to approve Item 1.2Q Tom Mayo Construction Invoice.

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

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

A. SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2024 FEE UPDATE
RESOLUTION NO. 23-45

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AMENDING THE SAN JOAQUIN

COUNTY MULTI-SPECIES HABITAT

CONSERVATION AND OPEN SPACE

PLAN (SJMSCP) DEVELOPMENT FEE
This is a public hearing to consider the
Development Fee amendment (decrease)
for the San Joaquin County Multi-Species
Habitat Conservation and Open Space Plan
(SJMSCP) for all new development
pursuant to the SJMSCP within the City of
Ripon.

Recommended Action: Adopt the
resolution amending the San Joaquin
County Multi-Species Habitat
Conservation and Open Space Plan 2024
Development Fee.

Planning Director Zuidervaart said this is the annual public hearing to consider the Development Fee amendment for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new development pursuant to the SJMSCP within the City of Ripon. He said this is the second year the fees are decreasing.

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

PUBLIC HEARING CLOSED
Motion to adopt Resolution 23-45 amending the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan 2024 Development Fee.

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 Sauer said he wanted to thank Council and the Administration for having the confidence to appoint him as Chief of Police.

Recreation Director Stevens congratulated Sauer on his promotion to Chief of Police.

Planning Director Zuidervaart said there will not be an October Planning Commission meeting, but there will be a November meeting.

Public Works Director Pease said the Large Item Pick-Up Program ended September 30 and the Brush Pick-Up program will begin October 15 and run through January 7.

Pease said September water usage was down 16% from 2013 numbers and up 3% over 2022 numbers.

Pease said the August water conservation incidents included 87 overwatering reports and staff made contact with all 87. He said of those 87, 68 were wrong day/time reports, 19 were leaks and 5 penalties were issued.

Pease said November 1 the water schedule will change to the winter schedule and watering will go from 3 days a week to 2 days a week.

City Council:

Council Member de Graaf thanked those who attended the meeting and swearing in. de Graaf congratulated Sauer on his promotion.

Council Member Uecker congratulated Sauer on his promotion and said he is very happy for him and his family. Uecker said he believes Sauer will do a great job.

Vice Mayor Zuber thanked Pease for the update on the water incidents.

City Council Page 10 October 10, 2023
Zuber said Eye on Water sent him an email informing him of a leak and he was able to address it.

Zuber said the Olympic Torch relocation is a reminder of what he enjoys about Ripon. He said there are things here that are of historical significance and every once in a while someone picks up on it and has the energy and commitment to pursue it, and the Olympic Torch relocation is a great example. There are people in town who remember the event and it was important to them that the Torch was relocated to its original location. He said Mike White and the Public Works staff made this possible.

Mayor Restuccia agreed that Eye On Water is a great tool.

There being no further business, the meeting was adjourned at 6:39 PM. (Signed) Mike Restuccia
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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.
1 Packet Pg. 11
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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 1 Packet Pg. 12
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 13
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 14
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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).
1 Packet Pg. 15
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 17
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 18
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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 1 Packet Pg. 19
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 20
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 21
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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. 1 Packet Pg. 22
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 23
Minutes Acceptance: Minutes of Sep 12, 2023 6:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 24
Attachment: 2023 07 advance (3990 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2300023 and 2300023AIssue Date: August 31, 2023Fiscal Year: 2023-2024Collection Period: July 24, 2023 - August 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 $18,590.88 $7,418.95 $4,740.18 $10,673.99 $0.00 $0.00 $41,424.00 $0.00 $41,424.00 $81,692.77

1.1.A.b
Packet Pg. 25
Attachment: fy2324_08hwycityra (3990 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2300029 and 2300029A
Issue Date: September 22, 2023
Fiscal Year: 2023-2024
Collection Period: August 01, 2023 - August 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
Eligibility Withheld
Amount Total Year To Date
Ripon City Treasurer 15,977 $33,594.18 $0.00 $33,594.18 $33,594.18 1 of 1

1.1.A.c
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Attachment: rmra_cities_remit_2324_sept23 (3990 : State of California)

1.1.B.a
Packet Pg. 27
Attachment: CCATT (4027 : CCATT Holdings)

1.1.C.a
Packet Pg. 28
Attachment: Waste Management (3991 : Waste Management)
Attn: Derek Fujii
Vendor#386801
Address Code 01 Waste Management
Location 01 Stockton District
City of Ripon Hauler Fee Schedule
259 N Wilma Ave.

Ripon, CA 95366
For month of: July 2023
Legacy System Total
Gross Rate Revenue
Residential $0.00 $0.00
Commercial $39,561.70 $39,561.70
Rolloff $5,194.47 $5,194.47
Total $44,756.17 $44,756.17
Franchise Fee Rate 8.0%
Franchise Fee Payable
Residential $0.00 $0.00
Commercial $3,164.94 $3,164.94
Rolloff $415.56 $415.56
Total $3,580.49 $3,580.49
b:\1_accg_sac_ma\1_close _area\2016\102016\rev_reduc\00051\3_stockton_franchise_fee_payment_calc_201610.xlsm b:\1_accg_sac_ma\1_close ptg\1_close_files\1_by_p

1.1.C.a
Packet Pg. 29
Attachment: Waste Management (3991 : Waste Management)
BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52267
DATE 08/31/2023
DUE DATE 09/30/2023
TERMS Net 30

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

PERIOD DESCRIPTION QTY RATE AMOUNT
08/31/2023 Principal 0.50 225.00 112.50
08/31/2023 Senior
Environmental
Planner
1 180.00 180.00
Services through the invoice date: Continuing work
on the CEQA document. Need to re-group to
consider additional project details. Thank you. We
appreciate your business.

BALANCE DUE $292.50

1.2.A.a
Packet Pg. 30
Attachment: Invoice 52267_BaseCamp Environmental Inc (3997 : BaseCamp Environmental, Inc.)

INVOICE
Lodi, CA
209-367-3701
Project Mgr: George Ogas
City of Ripon CA
Attn: Christiana Giedd
259 N Wilma Ave
Ripon, CA 95366-3028
Invoice Number: TJ94581
Terracon Consultants, Inc.

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

To:

NA191172B
$28,140.00
9/07/2023
9/02/2023
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 8/21/23 NA191172B.0044 Concrete Inspection ICC 4.00 $118.00 $472.00 8/21/23 NA191172B.0044 PM/PE Review/Admin Support 1.00 $86.00 $86.00 8/21/23 NA191172B.0044 Trip Charge (ea) 1.00 $72.00 $72.00 8/21/23 NA191172B.0044 Compression Test Concrete Cylinders 5.00 $27.00 $135.00 8/22/23 NA191172B.0046 Cylinder Pickup (hr) 2.00 $86.00 $172.00 8/22/23 NA191172B.0046 Trip Charge (ea) 1.00 $72.00 $72.00 8/28/23 NA191172B.0047 Reinforcing Steel Inspection 4.00 $118.00 $472.00 8/28/23 NA191172B.0047 PM/PE Review/Admin Support 1.00 $86.00 $86.00 8/28/23 NA191172B.0047 Trip Charge (ea) 1.00 $72.00 $72.00 8/29/23 NA191172B.0048 Concrete Inspection ACI - OT 3.50 $162.00 $567.00 8/29/23 NA191172B.0048 Concrete Inspection ACI 2.50 $108.00 $270.00 8/29/23 NA191172B.0048 PM/PE Review/Admin Support 1.00 $86.00 $86.00 8/29/23 NA191172B.0048 Trip Charge (ea) 1.00 $72.00 $72.00 8/29/23 NA191172B.0048 Compression Test Concrete Cylinders 14.00 $27.00 $378.00 8/30/23 NA191172B.0049 Cylinder Pickup (hr) 2.00 $86.00 $172.00 8/30/23 NA191172B.0049 Trip Charge (ea) 1.00 $72.00 $72.00 Invoice Total $3,256.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 9/7/2023 Page 1 of 1 Client #396776

1.2.B.a
Packet Pg. 31
Attachment: Invoice TJ94581_Terracon (3998 : Terracon Consultants, Inc.)

INVOICE
Adjusted on 9/28/2023
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: TK02832A
Original Invoice: TK02832
Terracon Consultants, Inc.

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

To:

NA191172B
$35,631.00
9/28/2023
9/16/2023
Project Number:

Billed to Date:

Invoice Date:

Services Through:

Project: Fleet Maintenance Facility
240 Doak Blvd
Ripon, CA
Date Report Description of Services Quantity Rate Total Previous Items
9/7/23 NA191172B.0050 Concrete Inspection ACI 8.00 $122.00 $976.00 9/7/23 NA191172B.0050 Daily Report Fee 1.00 $95.00 $95.00 9/7/23 NA191172B.0050 Trip Charge (ea) 1.00 $80.00 $80.00 9/7/23 NA191172B.0050 Compression Test Concrete Cylinders 5.00 $30.00 $150.00 9/8/23 NA191172B.0051 Cylinder Pickup (hr) 2.00 $86.00 $172.00 9/8/23 NA191172B.0051 Trip Charge (ea) 1.00 $80.00 $80.00 9/11/23 NA191172B.0052 AC/Soil Inspector w/Nuclear Gauge 8.00 $128.00 $1,024.00 9/11/23 NA191172B.0052 Daily Report Fee 1.00 $95.00 $95.00 9/11/23 NA191172B.0052 Trip Charge (ea) 1.00 $80.00 $80.00 9/12/23 NA191172B.0053 AC/Soil Inspector w/Nuclear Gauge 8.00 $128.00 $1,024.00 9/12/23 NA191172B.0053 Daily Report Fee 1.00 $95.00 $95.00 9/12/23 NA191172B.0053 Trip Charge (ea) 1.00 $80.00 $80.00 9/13/23 NA191172B.0054 Project Manager 1.00 $185.00 $185.00 9/13/23 NA191172B.0054 Masonry Inspector 2.00 $135.00 $270.00 9/13/23 NA191172B.0054 Daily Report Fee 1.00 $95.00 $95.00 9/13/23 NA191172B.0054 Trip Charge (ea) 1.00 $80.00 $80.00 9/14/23 NA191172B.0055 Masonry Inspector 6.00 $135.00 $810.00 9/14/23 NA191172B.0055 Daily Report Fee 1.00 $95.00 $95.00 9/14/23 NA191172B.0055 Trip Charge (ea) 1.00 $80.00 $80.00 9/14/23 NA191172B.0056 Anchor Installation Inspection 2.00 $86.00 $172.00 9/14/23 NA191172B.0056 Daily Report Fee 1.00 $95.00 $95.00 9/15/23 NA191172B.0057 Masonry Inspector 4.00 $135.00 $540.00 9/15/23 NA191172B.0057 Daily Report Fee 1.00 $95.00 $95.00 9/15/23 NA191172B.0057 Trip Charge (ea) 1.00 $80.00 $80.00 9/15/23 NA191172B.0058 AC/Soil Inspector w/Nuclear Gauge 6.00 $128.00 $768.00 9/15/23 NA191172B.0058 Daily Report Fee 1.00 $95.00 $95.00 9/15/23 NA191172B.0058 Trip Charge (ea) 1.00 $80.00 $80.00 9/15/23 NA191172B.0059 Anchor Installation Inspection 2.00 $86.00 $172.00 9/15/23 NA191172B.0059 Daily Report Fee 1.00 $95.00 $95.00 TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 9/28/2023 Page 1 of 2 Client #396776

1.2.B.b
Packet Pg. 32
Attachment: Invoice TK02832A_Terracon (3998 : Terracon Consultants, Inc.)

INVOICE
Adjusted on 9/28/2023
Invoice No.:

Project No.:

Project:

TK02832A
NA191172B
Fleet Maintenance Facility
240 Doak Blvd
Ripon, CA
Project Mgr: George Ogas
Date Report Description of Services Quantity Rate Total Continued
Previous Items Total $7,758.00
Adjustment Items
9/15/23 NA191172B.0059 Anchor Installation Inspection -2.00 $86.00 $(172.00) 9/15/23 NA191172B.0059 Daily Report Fee -1.00 $95.00 $(95.00) Adjustment Items Total $(267.00)
Invoice Total $7,491.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 9/28/2023 Page 2 of 2 Client #396776

1.2.B.b
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Attachment: Invoice TK02832A_Terracon (3998 : Terracon Consultants, Inc.) May 10, 2023
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
RE: Ripon East Main Traffic Signal
Dear Kevin:

Enclosed is invoice number 164730 for $1,968.20 dated May 10, 2023 for costs incurred from April 1, 2023 through April 28, 2023 for the above referenced project.

Tasks completed this period include the following:
• Project Start-up
• Preparation of CAD Base
• Initial Data Collection
• Review of traffic studies
We appreciate the opportunity to assist you on this project. Please call if you have any questions.

Sincerely,

FEHR & PEERS
Josh Peterman
Project Manager
RS23-4251.00

1.2.C.a
Packet Pg. 34
Attachment: Invoice 164730_Fehr & Peers (3999 : Fehr & Peers) Project Manager Josh Peterman
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
May 10, 2023
Project No: RS23-4251.00
Invoice No: 164730
Project RS23-4251.00 Ripon East Main Traffic Signal
Professional Services for the Period: April 01, 2023 to April 28, 2023 Professional Personnel
Hours Rate Amount
Principal II
Peterman, Josh 2.00 260.00 520.00
Principal I
Calia, Kristin 2.00 260.00 520.00
Senior Associate II
Foust, Brandy 1.00 210.00 210.00
Engineer/Planner III
Daugherty, Natalie 1.00 140.00 140.00
Senior Project Coordinator
Souto, JoLynn 1.50 155.00 232.50
Technician II
Barbosa Geyer, Ellen 1.50 180.00 270.00
Totals 9.00 1,892.50
Total Labor 1,892.50
Reimbursable Expenses
Project Communications and Reproduction 75.70
Total Reimbursables 75.70 75.70
Budget Summary Current Prior To-Date
Total Billings 1,968.20 0.00 1,968.20
Total Budget 35,000.00
Remaining Budget 33,031.80
TOTAL CURRENT INVOICE AMOUNT DUE: $1,968.20
Current Invoice Prior Billed Billed To Date
Billing Summary 1,968.20 0.00 1,968.20

1.2.C.a
Packet Pg. 35
Attachment: Invoice 164730_Fehr & Peers (3999 : Fehr & Peers) June 7, 2023
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
RE: Ripon East Main Traffic Signal
Dear Kevin:

Enclosed is invoice number 165419 for $4,929.60 dated June 7, 2023 for costs incurred from April 29, 2023 through May 26, 2023 for the above referenced project.

Tasks completed this period include the following:
• Preparation of plans (existing conditions)
• Review of traffic studies
• Phone calls to determine project strategy
We appreciate the opportunity to assist you on this project. Please call if you have any questions.

Sincerely,

FEHR & PEERS
Josh Peterman
Project Manager
RS23-4251.00

1.2.C.b
Packet Pg. 36
Attachment: Invoice 165419_Fehr & Peers (3999 : Fehr & Peers) Project Manager Josh Peterman
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
June 07, 2023
Project No: RS23-4251.00
Invoice No: 165419
Project RS23-4251.00 Ripon East Main Traffic Signal
Professional Services for the Period: April 29, 2023 to May 26, 2023 Professional Personnel
Hours Rate Amount
Principal II
Peterman, Josh 2.00 260.00 520.00
Principal I
Calia, Kristin 1.50 260.00 390.00
Engineer/Planner III
Daugherty, Natalie 11.00 140.00 1,540.00
Senior Engineering Technician V
Moser, Jim 11.00 180.00 1,980.00
Senior Project Accountant II
Molina-Pastorius, Kayleigh 1.00 155.00 155.00
Senior Project Coordinator
Nielson, Jennifer .50 155.00 77.50
Souto, JoLynn .50 155.00 77.50
Totals 27.50 4,740.00
Total Labor 4,740.00
Reimbursable Expenses
Project Communications and Reproduction 189.60
Total Reimbursables 189.60 189.60
Budget Summary Current Prior To-Date
Total Billings 4,929.60 1,968.20 6,897.80
Total Budget 35,000.00
Remaining Budget 28,102.20
TOTAL CURRENT INVOICE AMOUNT DUE: $4,929.60
Current Invoice Prior Billed Billed To Date
Billing Summary 4,929.60 1,968.20 6,897.80

1.2.C.b
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Attachment: Invoice 165419_Fehr & Peers (3999 : Fehr & Peers) July 20, 2023
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
RE: Ripon East Main Traffic Signal
Dear Kevin:

Enclosed is invoice number 166739 for $1,381.90 dated July 20, 2023 for costs incurred from May 27, 2023 through June 30, 2023 for the above referenced project.

Tasks completed this period include the following:
• Scoping discussions, and review of traffic analysis
• Final setup of existing conditions plans
We appreciate the opportunity to assist you on this project. Please call if you have any questions.

Sincerely,

FEHR & PEERS
Josh Peterman
Project Manager
RS23-4251.00

1.2.C.c
Packet Pg. 38
Attachment: Invoice 166739_Fehr & Peers (3999 : Fehr & Peers) Project Manager Josh Peterman
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
July 20, 2023
Project No: RS23-4251.00
Invoice No: 166739
Project RS23-4251.00 Ripon East Main Traffic Signal
Professional Services for the Period: May 27, 2023 to June 30, 2023 Professional Personnel
Hours Rate Amount
Engineer/Planner III
Daugherty, Natalie 7.00 140.00 980.00
Senior Project Accountant II
Molina-Pastorius, Kayleigh 1.00 155.00 155.00
Senior Project Coordinator
Nielson, Jennifer .50 155.00 77.50
Souto, JoLynn .75 155.00 116.25
Totals 9.25 1,328.75
Total Labor 1,328.75
Reimbursable Expenses
Project Communications and Reproduction 53.15
Total Reimbursables 53.15 53.15
Budget Summary Current Prior To-Date
Total Billings 1,381.90 6,897.80 8,279.70
Total Budget 35,000.00
Remaining Budget 26,720.30
TOTAL CURRENT INVOICE AMOUNT DUE: $1,381.90
Current Invoice Prior Billed Billed To Date
Billing Summary 1,381.90 6,897.80 8,279.70
Outstanding Invoices
Invoice Number Invoice Date Balance
164730 5/10/2023 1,968.20
165419 6/7/2023 4,929.60
Total 6,897.80

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Attachment: Invoice 166739_Fehr & Peers (3999 : Fehr & Peers) September 20, 2023
[email protected]
Kevin Werner
City of Ripon
RE: Ripon East Main Traffic Signal
Enclosed is invoice number 167949 for $5,167.50 dated September 11, 2023 for costs incurred from July 29, 2023 through August 25, 2023 for the above referenced project.

Tasks completed this period include the following:
• Attended kick-off meeting with City of Ripon.
• Collected intersection turning movement traffic counts and field observations during the AM and PM peak hours.
• Began processing traffic count data.
• Began setting up for intersection operations analysis for Existing Conditions.

We appreciate the opportunity to assist you on this project. Please call if you have any questions.

Sincerely,

FEHR & PEERS
Albee Wei
Senior Engineer/Planner
RS23-4251.00
Cc: [email protected]

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Attachment: Invoice 167949_Fehr & Peers (3999 : Fehr & Peers) Project Manager Albee Wei
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
September 11, 2023
Project No: RS23-4251.00
Invoice No: 167949
Project RS23-4251.00 Ripon East Main Traffic Signal
Professional Services for the Period: July 29, 2023 to August 25, 2023 Phase 01 PS&E
Budget Summary Current Prior To-Date
Total Billings 0.00 8,279.70 8,279.70
Total Budget 35,000.00
Remaining Budget 26,720.30
Phase Total 0.00
Phase 02 Traffic Impact Study
Professional Personnel
Hours Rate Amount
Sr. Engineer/Planner
Wei, Albee 5.75 180.00 1,035.00
Engineer/Planner
Chen, Feslia 1.50 140.00 210.00
Daugherty, Natalie 2.00 140.00 280.00
Gudimella, Sree 9.50 140.00 1,330.00
Pankey, Daniel 5.75 140.00 805.00
Admin
Nielson, Jennifer .50 155.00 77.50
Souto, JoLynn .25 155.00 38.75
Willis, Kay 2.00 155.00 310.00
Totals 27.25 4,086.25
Total Labor 4,086.25
Reimbursable Expenses
Project Communications and Reproduction 157.25
Total Reimbursables 157.25 157.25

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Attachment: Invoice 167949_Fehr & Peers (3999 : Fehr & Peers) Project RS23-4251.00 Ripon East Main Traffic Signal Invoice 167949 Subconsultants
Labor - Outside Subconsultant 924.00
Total Subconsultants 924.00 924.00
Budget Summary Current Prior To-Date
Total Billings 5,167.50 0.00 5,167.50
Total Budget 31,500.00
Remaining Budget 26,332.50
Phase Total $5,167.50
TOTAL CURRENT INVOICE AMOUNT DUE: $5,167.50
Current Invoice Prior Billed Billed To Date
Billing Summary 5,167.50 8,279.70 13,447.20
Outstanding Invoices
Invoice Number Invoice Date Balance
164730 05/10/2023 1,968.20
165419 06/07/2023 4,929.60
166739 07/20/2023 1,381.90
Total 8,279.70
IMPORTANT NOTICE: Other than Fehr & Peers’ invoices received from a known email address, any requests received by email to change or update our bank account details or to transfer funds electronically must be confirmed by a phone call to the number provided on our invoice.

We appreciate your cooperation in our attempt to reduce cybercrime and avoid theft.

ACCOUNT: 17927019
ACH REMITTANCE INFO: BANK: MUFG Union Bank N.A.

ACH ABA: 021052053

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Attachment: Invoice 167949_Fehr & Peers (3999 : Fehr & Peers) CONTRACTOR: Diede Construction, Inc.

PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:

INVOICE NO: 7
DATE: 9/30/2023
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $3,509,837.69 LESS RETENTION: $175,491.88
APPROVED CONTRACT CHANGES: $490,032.00 PREVIOUSLY PAID AMOUNT: $3,334,345.81 CURRENT INVOICED AMOUNT: $536,040.00
LESS RETENTION: $26,802.00
TOTAL CONTRACT AMOUNT: $11,646,032.00 CURRENT AMOUNT DUE: $509,238.00 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $4,045,877.69 LESS RETENTION: $202,293.88
TOTAL PAID TO DATE: $3,843,583.81

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $7,600,154.31
Approx. % Complete: 35%
Work completed includes construction staking, erosion control, grading, paving, concrete slab pouring, masonry, carpentry, material and equipment purchase, and site electrical installation.

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) $323,660.95 $307,477.90 $16,183.05
General Fund Dept. Capital (900-6200) $127,791.95 $121,402.35 $6,389.60 WA (900-7100) $32,912.85 $31,267.21 $1,645.64
SW (900-7300) $32,912.85 $31,267.21 $1,645.64
STM (900-7315) $18,761.40 $17,823.33 $938.07
TOTALS $536,040.00 $509,238.00 $26,802.00
Accounts Payable

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Attachment: Invoice 7 _Diede Construction, Inc (4000 : Diede Construction, Inc.) www.cogdillrea.com
P.O. Box 3575
Modesto CA 95352

INVOICE
Ken Zuidervaart
Director of Planning, Building
Economic Development
City of Ripon
259 N. Wilma Avenue
Ripon, Ca 95366
DATE: August 29, 2023
APPRAISAL SERVICES RENDERED . . . . . . . . . . . . . . . . . . . . . . . $5,000 21800 S. North Ripon Road
Ripon, CA
APN: 245-180-23
(Hegarty)
$5,000 BALANCE DUE
Please Process All Invoices To Our Mailing Address:

P.O. Box 3575
Modesto, CA 95352
FEDERAL ID NO. 20-8139309 7051 –DECJR

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Attachment: Invoice (4001 : Cogdill and Associates Appraisal) Bill To

INVOICE
Description Amount
Invoice Date
Total Due
Delinquent Date
Customer # Invoice #
RMA 2024-0121
09/15/2023
$271,104.00
CRI090
2023/2024 2ND QUARTER DEPOSITS

CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200
Sacramento, CA 95833
800.541.4591
916.244.1199 Fax
10/30/2023
Crime Shield Program 2,789.00
Liability Program 109,177.00
Workers' Compensation Program 159,138.00
TOTAL AMOUNT DUE $271,104.00
Please make check payable to CSJVRMA and remit payment to the above address.

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

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

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

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Attachment: RMA 2024-0121 Ripon (4003 : CSJVRMA 2023/2024 2nd Quarter)

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Attachment: Price Paige (4004 : Price Paige & Company)

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Attachment: Banc of America WasteWater payment (4009 : Banc of America - 2011 Waste Water Bonds)

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Attachment: Banc of America WasteWater payment (4009 : Banc of America - 2011 Waste Water Bonds)

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Attachment: Banc of America WasteWater payment (4009 : Banc of America - 2011 Waste Water Bonds)

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Attachment: Triple M Enterprises, Inc. Invoice 2023-15 (4011 : Triple M Enterprise, Inc.)

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Attachment: P&P Invoice 8-17-23 (4012 : Provost & Pritchard Consulting Group)

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Attachment: Invoice 28948_WGR (4021 : WGR Southwest, Inc.) Project: City of Ripon Construction Management & Inspection Services Invoice Date: 9/18/2023 Job No: 23-080 Invoice No.: 18775
Billed to: City of Ripon Remit to: MCR Engineering, Inc.

Attn: Kevin Werner 1242 Dupont Court
259 N. Wilma Avenue Manteca, California 95336
Ripon, CA 95366
Email: [email protected]
Services for the above referenced project represent work performed through No. Task Description Qty Total

1. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - BETHANY HOMES EA $625.00

2. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - JACK TONE CAR WASH EA $2,500.00 Current Billing: $3,125.00
Previously Billed: $0.00
Payments Received: $0.00
Balance Due: $3,125.00
BILLING STATUS:

DAYS 90+ TOTAL
AMOUNT $0.00 $3,125.00
9/18/23
$0.00
0-30 61-90
$3,125.00
31-60
$0.00

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Attachment: Invoice 18775 _MCR Engineering (4022 : MCR Engineering) Project: City of Ripon Construction Management & Inspection Services Invoice Date: 9/18/2023 Job No: 23-080 Invoice No.: 18775
Billed to: City of Ripon Remit to: MCR Engineering, Inc.

Attn: Kevin Werner 1242 Dupont Court
259 N. Wilma Avenue Manteca, California 95336
Ripon, CA 95366
Email: [email protected]

PROJECT BILLING REPORT
No. Task Description Total

1. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - BETHANY HOMES EA $625.00 Contract Amount: Time & Materials(Not to Exceed $30,000.00):

Previously Invoiced: $0.00
Total Billed to Date: $625.00
Construction Inspector 5.0 hrs @ $125.00 = $625.00

2. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - JACK TONE CAR WASH EA $2,500.00 Contract Amount: Time & Materials(Not to Exceed $30,000.00):

Previously Invoiced: $0.00
Total Billed to Date: $2,500.00
Construction Inspector 20.0 hrs @ $125.00 = $2,500.00
Contract Agreement: $30,000.00
Billed to Date: $3,125.00
Remaining Balance: $26,875.00
TOTAL: $3,125.00
. . . Inspect water service abandonment on Vera Street (7/7), and W.

Main Street (7/10).
. . . Construction inspection for water services installation on Jack Tone Road, melading pavement removal, hot taps, and backfill (7/10- 7/14).

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Attachment: Invoice 18775 _MCR Engineering (4022 : MCR Engineering)

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Attachment: Invoice 59503_Harris & Associates (4023 : Harris & Associates) Accounts Payable
AB 1600 (900-6200) $7,147.49
General Fund Dept. Capital (900-6200) $2,822.06
WA (900-7100) $726.82
SW (900-7300) $726.82
STM (900-7315) $414.31
TOTALS $11,837.50

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Attachment: Invoice 26-622-03-20_LDA (4024 : LDA)

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Attachment: Invoice AR113747_SJRTD (4025 : SJRTD)
Invoice
Date
9/25/2023
Invoice #
273
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Calls, emails regarding pending claim and AIMS
review and recommendation.
8/28/2023 THT 295.00 368.75 1.25
Review and discuss staff reports for agenda items,
review and provide comments on waste disposal
agreements, discuss with Pease.
8/31/2023 THT 295.00 1,032.50 3.5
Calls to and from co-counsel regarding property
acquisition, review and provide comments on
appraisal.
9/6/2023 THT 295.00 958.75 3.25
Prepare for City Council meeting, calls, emails
regarding agenda items, prepare for closed session
presentation, attend Closed session and Council
meeting.
9/8/2023 THT 295.00 1,327.50 4.5
Follow up on agenda items, calls to and from client,
co-counsel, review emails from developer regarding
Specific Plan.
9/9/2023 THT 295.00 811.25 2.75
Call to client regarding golf course extension,
explore options for same.
9/21/2023 THT 295.00 147.50 0.5
Review materials from client re McCormick matter,
research same.
9/26/2023 THT 295.00 663.75 2.25
$5,310.00

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Attachment: Terpstra Invoices_ September 2023 (4028 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2023
Invoice #
274
Bill To
City of Ripon - SSJID Groundwater Sustainability
Agency Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-213
Total
Date Attorney Description Rate Hours Amount
Calls and emails on CALSPA litigation, discuss and
resolve procedural strategy issues.
9/6/2023 THT 295.00 2.75 811.25
$811.25

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Attachment: Terpstra Invoices_ September 2023 (4028 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2023
Invoice #
275
Bill To
City of Ripon - Padilla ADU
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-402
Total
Date Attorney Description Rate Hours Amount
Review and revise draft of correspondence, discuss
with client.
9/26/2023 THT 295.00 295.00 1
$295.00

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Attachment: Terpstra Invoices_ September 2023 (4028 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2023
Invoice #
283
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
Attend staff meeting, work on updated task list,
review NOOSA docs.
8/29/2023 THT 425.00 4.5 1,912.50
Further review and discussion of public safety
studies.
9/9/2023 THT 425.00 2 850.00
Review and draft comments and suggested revision
for proposed development in NCP, review docs from
NOOSA matter, emails to opposing Counsel.
9/20/2023 THT 425.00 2.5 1,062.50
Discuss status of pending matters with client, calls to and from NOOSA attorney; call to Ken to discuss
Specific Plan.
9/27/2023 THT 425.00 1.5 637.50
$4,462.50

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Attachment: Terpstra Invoices_ September 2023 (4028 : Law Office of Thomas H. Terpstra) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 10/10/2023
Subject: Strategic Retirement 457 Plan - change of Custodian RECOMMENDED ACTION:

This resolution removes Fidelity Investments and appoints Newport Trust Company as the custodian to the City of Ripon 457 Deferred Compensation Plan with Strategic Retirement and authorizes the City Administrator and City Clerk to execute the necessary documents to implement this change.

BACKGROUND:

Strategic Retirement is our advisor for one of our 457 Deferred Compensation Plans offered to employees. This plan has been offered to our employees since 2009. The Newport Group is the record keeper of this 457 Plan. They are responsible for the reconciliation of payroll contributions between the City of Ripon and the custodian of our funds, Fidelity Investments.

As of December 31, 2023, Newport Group has made the decision to no longer support plans that use external custodians. Because our Plan currently uses Fidelity Investments as our custodian, which is considered external to Newport, Newport Group is asking we appoint Newport Trust as the custodian for our plan. The other option would be for the City of Ripon to find a different record keeper for the Plan.

DISCUSSION/ANALYSIS:

Our advisor, Brent Mick with Strategic Retirement, has advised that we appoint Newport as the custodian of our Plan. Staff has deemed that this would be the most seamless adjustment because employees have their login information for their individual plans with Newport and the City makes the payroll contributions through the Newport website. Fidelity Investments is simply the “bank” that holds the funds.

Newport Trust is a wholly owned subsidiary of Newport Group, Inc., which maintains the necessary separation and appropriate controls to safeguard client information and satisfy applicable regulatory requirements. Therefore, there is no conflict with Newport serving in both

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roles and all plan legal requirements continue to be met to ensure the protection of City employees’ accounts.

FISCAL IMPACT:

There is no fiscal impact for this change.

Attachments:

1. WC01060_Newport Trust Company Agreement

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RESOLUTION NO. 23-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON APPOINTING NEWPORT TRUST COMPANY AS THE
CUSTODIAN OF THE CITY OF RIPON 457 DEFERRED

COMPENSATION PLAN WITH STRATEGIC RETIREMENT
The undersigned authorized representative of City of Ripon (the “Employer”) hereby certifies that the following resolution was duly adopted by the City Council of the City of Ripon on October 10, 2023, and that such resolution has not been modified or rescinded as of the date hereof.

WHEREAS, the City of Ripon 457 Deferred Compensation Plan (the “Plan and Trust”) expressly provides the right to amend said Plan and Trust; and WHEREAS, the City Administrator and the City Clerk are authorized signors and proper representatives of the City of Ripon as both Plan Sponsors and Plan Administrators; and WHEREAS, the City of Ripon desires to amend the Plan and Trust in order to appoint Newport Trust Company (“Newport”) as nondiscretionary custodian of the Plan and Trust subject to its acceptance; and
WHEREAS, the City of Ripon desires to remove Fidelity Investments (“Current Custodian”) of the Plan and Trust.

NOW THEREFORE BE IT RESOLVED, that Newport Trust Company is appointed to act as a nondiscretionary Custodian of the trust established as part of the Plan and Trust and is authorized to hold the assets of the trust under the terms of the Custody Agreement entered into with Newport.

BE IT FURTHER RESOLVED, that the removal and resignation of the current Custodian of the Plan and Trust is hereby accepted, effective as of the date assets transfer to Newport Trust Company.

BE IT FURTHER RESOLVED, that the City Administrator and City Clerk, as proper representatives of the City of Ripon, be, and hereby are, authorized and directed to execute such instruments and to perform such other acts as they, in their discretion, deem necessary or desirable to carry out this resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of October, 2023, by the following vote:

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RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Leo Zuber, Vice Mayor
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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NTC Custody Agreement
03312016
2016 © Newport Trust Company – all rights reserved.

CUSTODY AGREEMENT
THIS CUSTODY AGREEMENT (the “Agreement”) is entered into as of ___________________________ by and between the entity named on the signature page hereof (the “Plan Sponsor”) and Newport Trust Company (the “Custodian”), a New Hampshire chartered trust company.

WHEREAS, the Plan Sponsor has adopted the City of Ripon 457 Deferred Compensation Plan (the “Plan”); and WHEREAS, the Plan Sponsor desires to appoint the Custodian as non-discretionary directed custodian of Plan assets and the Custodian desires to serve as such.

NOW THEREFORE, the parties hereby agree as follows:

ARTICLE I. DEFINITIONS
The use of defined terms in this Agreement shall have the following meanings:

1.01 “Account” shall mean the custodial account established pursuant to Article II.

1.02 “Authorized Person” shall mean one or more persons, including a recordkeeper of the Plan, to whom the Plan Administrator may delegate any or all of the duties, responsibilities, or authority imposed upon or granted to the Plan Administrator or the Plan.

1.03 “Code” shall mean the Internal Revenue Code of 1986, as amended.

1.04 “Contracts” shall mean, collectively, life insurance policies, group annuities, guaranteed investment contracts, bank investment contracts or similar vehicles permitted under the Plan.

1.05 “Custodian” shall mean Newport Trust Company and any duly appointed successor custodian acting hereunder.

1.06 “Employer Securities” shall mean “qualifying employer securities” (as defined in Section 407 of ERISA).

1.07 “ERISA” shall mean the Employee Retirement Income Security Act of 1974, as amended.

1.08 “Indemnified Parties” shall have the meaning set forth in Section 13.02.

1.09 “Investment Manager” shall mean an “investment manager” as defined in Section 3(38) of ERISA appointed by the Plan Sponsor in accordance with Section 8.03 of this Agreement.

1.10 “Losses” shall have the meaning set forth in Section 13.02.

1.11 “Participant” shall mean an eligible employee (as defined in the Plan) who participates in the Plan.

1.12 “Permitted Investments” shall have the meaning set forth in Section 8.04.

1.13 “Plan” shall mean the retirement plan, and any amendments thereto, adopted by the Plan Sponsor as designated above, some or all of the assets of which are held by the Custodian pursuant to the terms of this Agreement.

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Attachment: WC01060_Newport Trust Company Agreement (23-43 : Strategic Retirement 457 Plan - change of Custodian) NTC Custody Agreement 2 of 11
03312016
2016 © Newport Trust Company – all rights reserved.

1.14 “Plan Administrator” shall mean the person, persons or entity appointed by the Plan Sponsor in accordance with Article V to act as a “plan administrator” (as that term is defined in ERISA).

1.15 “Plan Sponsor” shall mean the entity named on the signature page hereof and which is the “plan sponsor” of the Plan, as that term is defined in Section 3(16)(b) of ERISA.

ARTICLE II. THE CUSTODIAL ACCOUNT

2.01 Establishment of the Account. The Plan Sponsor hereby requests that the Custodian establish a custodial account for and in the name of the Plan and to hold, as Custodian, all assets deposited to or collected with respect to such account (the “Account”).

2.02 Acceptance; Role of Custodian. The Custodian, in consideration of the deposit by the Plan Sponsor of funds into the Account, and other valuable consideration, hereby agrees to act as non-discretionary, directed custodian of the Account on the terms and conditions of this Agreement. As custodian of the Account, Custodian shall take, hold, invest and distribute all of the assets of the Account in accordance with the terms of this Agreement. The Custodian is responsible for maintaining custody of the assets held in the Account, and for investing those assets as directed by the Plan Sponsor, Plan Administrator, or Authorized Person. The Custodian shall not be obligated to provide detailed accounting for the Account or for any individual investment option, such as with respect to contributions, distributions, loan activity, and rollovers.

2.03 Exclusive Use. Except as may otherwise be permitted by law or by the terms of the Plan or related trust, at no time prior to the satisfaction of all liabilities with respect to the Participants and their beneficiaries shall any part of the corpus or income of the Account be used for, or diverted to, purposes other than for the exclusive benefit of the Participants and their beneficiaries and for defraying the reasonable expenses of administering the Plan.

2.04 Participant Direction. If the Custodian is advised by the Plan Sponsor that the provisions of the Plan and related trust documents so permit, and the Plan Sponsor so requests, the Custodian shall establish separate Participantdirected sub-accounts and all references to the Plan Sponsor under this Agreement shall be deemed to be references to the Participant who is directing investment of such sub-account.

ARTICLE III. PLAN SPONSOR REPRESENTATIONS AND WARRANTIES

3.01 The Plan Sponsor hereby represents and warrants that:
a. All directions or authorizations under this Agreement by the Plan Sponsor, Plan Administrator, Investment Manager, or other Authorized Person will be made in accordance with the terms of the Plan and not contrary to ERISA.
b. The terms of the Plan do not impose any duties or obligations upon the Custodian that are not contained in, or are inconsistent with, this Agreement.
c. The Plan Sponsor has full power and authority under applicable law, and has taken all action necessary, to enter into and perform this Agreement, and the person executing this Agreement on its behalf is duly authorized and empowered to execute and deliver this Agreement. d. This Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms.
e. No consent or authorization of, filing with, or other act by or in respect of any governmental authority is required in connection with the execution, delivery, performance, validity or enforceability of this Agreement. f. The execution, performance and delivery of this Agreement shall not result in a violation of any applicable law or impairment of any of its contractual obligations.

ARTICLE IV. STANDARD OF CONDUCT

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Attachment: WC01060_Newport Trust Company Agreement (23-43 : Strategic Retirement 457 Plan - change of Custodian) NTC Custody Agreement 3 of 11
03312016
2016 © Newport Trust Company – all rights reserved.

4.01 The Custodian shall discharge its duties hereunder solely in the interest of the Participants and their beneficiaries for the exclusive purpose of providing benefits to Participants and for defraying reasonable expenses of administering the Account. The Custodian shall perform all of its duties with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, or in accordance with such other standard as may, from time to time, be required by law, and in accordance with the Plan and this Agreement, insofar as they are consistent with ERISA.

4.02 Except as permitted by ERISA, the Custodian will not maintain the indicia of ownership of any assets of the Account outside the jurisdiction of the district courts of the United States.

ARTICLE V. PLAN ADMINISTRATOR

5.01 The Plan Sponsor shall appoint in writing a Plan Administrator. If no such person, persons or entity is so designated, such term shall mean the Plan Sponsor. The Plan Administrator shall have exclusive responsibility for administration of the Account and, unless an Investment Manager is appointed under Section 8.03, the direction of the investment of the Account.

5.02 The Plan Administrator may delegate any or all of the duties, responsibilities, or authority imposed upon or granted to the Plan Administrator under the Plan or this Agreement to one or more Authorized Persons; provided however that any such delegation may not violate the provisions of ERISA, and provided further that the Custodian must be notified in writing prior to the effective date of any such delegation of duty, responsibility or authority of the Plan Administrator to any Authorized Person.

ARTICLE VI. INSTRUCTIONS

6.01 Reliance on Instruction. The Custodian may rely in all respects, without having to make further inquiry, upon instructions by the Plan Sponsor, Plan Administrator, Investment Manager or Authorized Person, including investment instructions under Article VIII of this Agreement. The Custodian shall be deemed to have received proper instructions upon receipt of written instruction given to the Custodian in a form and manner required by or acceptable to the Custodian.

6.02 Conflicting Instructions. In the event of any ambiguous or conflicting instructions to, or adverse claims or demands upon, the Custodian, the Custodian shall be entitled, at its option, to refuse to comply with any such instruction, claim or demand as long as such ambiguity or conflict shall continue, and in so refusing the Custodian may elect not to make any payment or other disposition of assets held pursuant to this Agreement. The Custodian shall not be or become liable in any way for its failure or refusal to comply with any such ambiguous or conflicting instructions or adverse claims or demands, and it shall be entitled to continue to so refrain from acting until such ambiguous, conflicting or adverse demands (a) have been resolved and it has been notified in writing thereof or (b) have finally been determined in a court of competent jurisdiction.

ARTICLE VII. CONTRIBUTIONS OR TRANSFERS

7.01 Receipt of Contributions. The Custodian shall receive and accept for the Account all money, securities and other property transferred, assigned and delivered to it from any source by or at the direction of the Plan Sponsor, Plan Administrator or Authorized Person. The Custodian has no duty to inquire into the source of the assets transferred to it or the right of the transferor of such assets to transfer them to Custodian. The Custodian will maintain safe custody of such money, securities and other property it actually receives for the Account. The Custodian has no duty or authority to require any contributions or transfers to be made under the Plan to the Custodian, compute any amount to be contributed or transferred under the Plan to the Custodian, determine whether amounts received by the Custodian comply with the Plan, the Code or ERISA, if applicable. The Custodian will not be responsible for any transferred asset until it receives such asset. The Custodian will accept assets, records, statements, and reports as complete and accurate, and will have no duty to audit the same for accuracy, compliance with applicable law or consistency.

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7.02 Unidentified Assets. If the Custodian receives any money, securities or other property from a source other than the Plan Sponsor and has not received appropriate notification that such assets are to be accepted for the Account, the Custodian is authorized to return such assets to the person from whom they were received. The Custodian will not be liable for any assets returned in such circumstances.

7.03 Returns to Plan Sponsor. The Custodian will return contributions to the Plan Sponsor if the Plan Sponsor or the Plan Administrator provides instructions to the Custodian to do so. The Plan Sponsor is solely responsible for ensuring that an instruction to return any amount to the Plan Sponsor meets all applicable requirements, including those of ERISA, as applicable.

ARTICLE VIII. INVESTMENT AND ADMINISTRATION OF THE CUSTODIAL ACCOUNT

8.01 Administrative Functions. Administrative functions, such as accounting for Participant accounts and any reporting or disclosure obligations imposed under the Code or ERISA, related to the Account will be the responsibility of the Plan Sponsor, Plan Administrator or Authorized Person. In general, the Custodian will not be responsible for administrative functions.

8.02 No Discretion. The Custodian shall have no discretionary control over, or any other discretion regarding, the investment or administration of the Account. The Plan Sponsor understands and acknowledges that the Custodian is not under any duty to supervise the investment of, or to advise or make recommendations to the Plan Sponsor with respect to the sale or other disposition of assets of the Account or to advise or recommend the purchase of any assets with the funds available under the Account. It shall be the responsibility of the Plan Sponsor to determine the diversification policy with respect to the investment of Account assets, for monitoring adherence to such policy, and for advising the Custodian with respect to its compliance with any investment limitations contained in the Plan. The Plan Sponsor hereby instructs the Custodian to act solely in accordance with instructions from the Plan Sponsor, Plan Administrator, Authorized Person or Investment Manager with respect to the investment of the assets held in the Account. To the full extent permitted by applicable law, the Custodian shall have (a) no duty to inquire whether such instructions conform to the Plan or applicable law, including, but not limited to Section 404(c) of ERISA, and (b) no liability or responsibility for following any such instruction, or for failing to act in the absence of such instruction.

8.03 Investment Manager. The Plan Sponsor may appoint an Investment Manager to direct investment of the Account in whole or in part. The Plan Sponsor shall notify the Custodian in writing of its appointment of any Investment Manager. Each appointment of any person as an Investment Manager shall constitute the representation and warranty to the Custodian by the Plan Sponsor that the Plan Sponsor has determined that such person either is, and so long as such appointment is effective remains, (i) registered as an investment advisor under the Investment Advisors Act of 1940, or (ii) a bank as defined in the Investment Advisors Act of 1940, or (iii) an insurance company qualified to perform the services hereinafter described under the laws of more than one State.

8.04 Permitted Investments. The Plan Sponsor, Plan Administrator or Investment Manager may direct the Account be invested in property of any character, real or personal, including but not limited to the following securities: stocks (whether common or preferred) of any kind or class of any corporation, including shares of open-end or closedend investment companies (i.e., mutual funds) and small business investment companies; bonds; notes or debentures (including bonds, notes or debentures, options, futures or warrants); unit investment trusts; U.S.

Treasury obligations and other governmental obligations; shares or units of participation in qualified common trust funds, qualified pooled funds or pooled investment funds of any insurance company qualified to do business in the state; or any other investments that the Plan Sponsor, Plan Administrator or Investment Manager believes are proper and consistent with the terms and purposes of the Plan, without being limited by nonfederal laws covering the investment of custodial accounts, but taking into account the requirements of ERISA and the Plan (individually and collectively, “Permitted Investments”).

8.05 Nondiscretionary Powers of the Custodian. Pursuant to instruction from the Plan Sponsor, Plan Administrator, Investment Manager or Authorized Person, the Custodian shall have the following nondiscretionary powers:
(a) Invest and reinvest the principal and income of the Account in Permitted Investments and keep the same invested without distinction between principal and income.

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(b) Invest and reinvest all or any portion of the assets comprising the Account in any group trust fund which at the time of the investment provides for the pooling of the assets of plans qualified under Section 401(a) of the Code. This authorization applies solely to a group trust fund exempt from taxation under Section 501(a) of the Code and the trust agreement which satisfies the requirements of Revenue Ruling 81-100. The provisions of the group trust fund agreement, as amended from time to time, are incorporated by reference within this Agreement. The provisions of the group trust fund will govern any investment of Plan assets in that fund. The Plan Administrator must specify, in a form acceptable to the Custodian, to which group trust fund(s) this authorization applies.
(c) On the direction of the Plan Sponsor, Plan Administrator, Investment Manager or other Authorized Person, as the case may be, with any cash at any time held by it, to purchase or subscribe for any authorized investment and to retain such authorized investment in the Account. (d) To make disbursements out of the Account to such persons, in such manner, in such amounts, and for such purposes as may be specified in such direction.
(e) To sell for cash or on credit, convert, redeem, exchange for another authorized investment, or otherwise dispose of any authorized investment at any time held by it; (f) To retain uninvested all of any part of the Account for which investment instructions have not been received, it being understood that Custodian shall not be required to pay interest on any such uninvested balance; (g) To purchase authorized investments at a premium or discount; (h) To engage such agents, actuaries, accountants, attorneys, investment advisors or managers, subcustodians and such other advisors, and, anything contained herein to the contrary notwithstanding, to engage in such legal or administrative proceedings as are deemed reasonably required in connection with the administration of the Account, and to compensate any persons so engaged at such wages, fees, remuneration consideration or otherwise, and upon such terms and conditions as Custodian shall deem reasonable under the circumstances. Unless otherwise noted in this Agreement, such compensation shall be a charge upon the Account and shall in no event be deducted from any commissions or other compensation payable to Custodian; and
(i) To cause any investment in the Account to be registered in, or transferred into, its name as Custodian, or the name of its nominee or nominees or to retain them unregistered or in form permitting transfer by delivery, but the books and records of Custodian shall at all times show that all such investments are part of the Account.

8.06 Employer Securities. Pursuant to the Plan, the Account may be invested in Employer Securities to the extent necessary to comply with investment instructions under this Agreement. The Custodian shall have no responsibility for determining whether any Employer Security is a “qualifying employer security” or whether any acquisition or disposition of Employer Securities is consistent with applicable law, including (without limitation) the prohibited transaction restrictions of ERISA and the exemptions to those restrictions. The Custodian shall acquire and dispose of such securities in open market transactions or in such other manner as Instructed. If the Account consists of Employer Securities that are not traded on a recognizable market, or the information necessary to ascertain the fair market value is not readily available, the Plan Administrator shall provide to the Custodian the value of such securities for all purposes under the Plan and this Agreement, and the Custodian shall be entitled to rely upon the value of such Employer Security provided by the Plan Administrator. If the Plan Administrator fails or refuses to instruct the Custodian on the value of such Employer Security, the Custodian, in its sole discretion, may engage an independent appraiser to determine the fair market value of such Employer Security and shall be entitled to rely upon the value placed upon such Employer Security by the independent appraiser. Any expenses with respect to such appraisal shall be a charge against the Account and may be paid from the Account as provided in this Agreement. The Custodian shall have no responsibility or liability with respect to the acceptance, distribution, collection, tabulation or remittance of proxies and accompanying materials and other shareholder communications issued with respect to Employer Securities.

8.07 Prohibited Transactions. The Company understands that certain transactions are prohibited for tax-exempt retirement plans under ERISA and under Code Section 4975. The Company will not direct the purchase or sale of

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any Account asset to or from a “disqualified person” as defined in Code Section 4975(e), or a “party-in-interest” as defined in ERISA Section 3(14), or in any other way direct an investment or other transaction that would be deemed a non-exempt “prohibited transaction” with respect to the Plan under applicable law. The Custodian shall have no duty to determine whether any transaction is, or has the potential to be, a “prohibited transaction.”

8.08 Proxies. For securities held in the Account other than Employer Stock, Custodian will cause all proxies and accompanying materials to be mailed to the Plan Administrator within a reasonable time after the receipt by Custodian. In no case will Custodian be under any duty to determine how, or if, proxies are voted or to take any other action in connection with any proxies. Custodian shall be under no obligation to forward or return any other corporate material received on behalf of the Account unless required by law. If the Account allows a Participant to invest in Employer Stock, proxies and accompanying materials will be the sole responsibility of the Plan Sponsor, Plan Administrator or Authorized Person and Custodian will have no responsibility or liability with respect to the acceptance, distribution, collection, tabulation or remittance of such materials.

8.09 Taxes. The Custodian may execute, as custodian, any declarations or certificates pertaining to the Account that may be required under any tax law(s) or governmental regulation(s) now or hereafter without prior approval of the Plan Sponsor.

ARTICLE IX. RECORDS AND ACCOUNTS

9.01 Records. The Custodian shall maintain true, accurate, and detailed accounts of all investments, receipts, disbursements and other transactions hereunder. All accounts, books, and records relating thereto shall be open to inspection and may be audited from time to time by any person designated by the Plan Administrator during the Custodian’s regular business hours as mutually agreed to in writing by the parties.

9.02 Written Accounts. As soon as reasonably practical after the close of each Plan year, and within ninety (90) days after the removal or resignation of the Custodian, the Custodian shall render to the Plan Sponsor a written statement of account of all investments, receipts and disbursements, and all other financial transactions relating to the Account, including the value of the assets held by the trust. Upon the expiration of ninety (90) days from the date of filing such account, the Custodian shall be forever released and discharged from all liability as to all items and matters included in such accounting as if settled by the decree of a court of competent jurisdiction, except with respect to any such action or transaction to which the Plan Sponsor shall, within such ninety (90) day period, file written objections with the Custodian. The liability of the Custodian to persons other than the Plan Sponsor or Plan Administrator shall be limited to actions under ERISA brought within the period permitted by law for bringing of such action. Nothing herein contained, however, shall be deemed to diminish the right of the Custodian to have its accounts judicially settled by a court of competent jurisdiction.

9.03 Valuation. The assets of the Account shall be valued as of each valuation date at fair market value as determined by the Custodian based upon sources of information as it may deem reliable. For those assets whose value cannot be determined by readily available sources, the Plan Sponsor will direct the Custodian as to the fair market value of those assets. Should the Plan Sponsor in its sole discretion determine that an independent appraisal of some or all of such assets is necessary, the Plan Sponsor will be responsible for hiring a qualified independent appraiser and reporting the appraised value to the Custodian.

ARTICLE X. COMPENSATION AND EXPENSES

10.01 Compensation. The Custodian shall receive compensation for the performance of its services in accordance with its schedule of compensation (attached hereto as “Exhibit A”) in effect when such services are rendered. Such compensation shall constitute a charge to be paid by the Account, unless the Plan Sponsor elects to pay all or any part of such compensation, in which case the Plan Sponsor shall be billed for the performance of such services. The Plan Sponsor expressly acknowledges and agrees that the Custodian may retain as additional compensation for its services any earnings (which are determined daily and which the Custodian expects will be generated at the prevailing federal funds rate) with respect to:
(a) amounts credited to non-interest bearing cash accounts;

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(b) moneys during the period between the time the moneys are received by the Custodian and actually forwarded to implement investment instructions; and
(c) distributions between the time a disbursement is issued and presented for payment.

Moneys shall be invested as soon as practicable following receipt of the moneys and complete investment instructions, but not later than two business days following receipt of both the moneys and the complete investment instructions. Distribution checks shall be prepared and mailed as soon as practicable following receipt of a proper request for a distribution check, but not later than three business days following receipt of the request.

10.02 408(b)(2) Disclosure. The Custodian shall provide the Plan Sponsor with such information related to the expenses incurred hereunder as it may reasonably request or as otherwise may be required by law in order to enable the Plan Sponsor to comply with applicable reporting and disclosure requirements of ERISA.

10.03 Expenses. Expenses for legal, accounting and all other proper charges and disbursements of the Custodian in connection with the administration of the Account shall constitute a charge to be paid by the Account. However, nothing herein shall prohibit the Plan Sponsor from paying such amounts if the Account is sufficient and the Plan Sponsor so elects.

10.04 Withdrawal from Account. The Custodian may withdraw from the Account amounts sufficient to pay any proper charge against the Account. The Plan Sponsor shall be responsible for payment of any deficiency. To the extent permitted by applicable law, the Plan Sponsor may reimburse the Account for any charges paid from the Account.

ARTICLE XI. REMOVAL OR RESIGNATION OF CUSTODIAN; APPOINTMENT OF SUCCESSOR

11.01 Resignation; Removal of Custodian. The Custodian may resign at any time upon sixty (60) days’ written notice to the Plan Sponsor and the Plan Sponsor may remove the Custodian, with or without cause, upon at least sixty (60) days’ prior written notice to the Custodian.

11.02 Successor. Upon resignation or removal of the Custodian, the Plan Sponsor shall appoint a successor custodian who shall have substantially the same powers and duties as those conferred upon the Custodian hereunder. The appointment of a successor custodian shall be by written instrument delivered to the Custodian. Upon the failure of Plan Sponsor to appoint, or the failure of the effectiveness of the appointment by Plan Sponsor of, a successor custodian within sixty (60) days, the Custodian may apply to any court of competent jurisdiction for the appointment of a successor custodian, the costs of which shall be borne by the Account unless Plan Sponsor otherwise agrees to pay such costs. Upon the successor custodian’s acceptance of its appointment as successor custodian, the Custodian shall assign, transfer and pay over to such successor custodian the funds and other property then constituting the Account; provided, however that the Custodian may reserve such sum of money as it may deem advisable for payment of its fees and expenses in connection with the settlement of its account or for the payment of all taxes that may be lawfully assessed upon or in respect of the Account or the income thereof for the period prior to the removal or resignation of the Custodian, or otherwise. Any balance of the amount so reserved remaining after the payment of all such fees, expenses and taxes shall be paid over to the successor custodian.

11.03 Termination of Liability. When the assets comprising the Account have been transferred and delivered to the successor custodian, and the accounts of the Custodian have been settled pursuant to Section 9.02, the Custodian shall be released and discharged from all further accountability or liability for the Account and shall not be responsible in any way for the further disposition of the Account or any part thereof.

ARTICLE XII. AMENDMENT AND TERMINATION

12.01 Amendment. Any amendment to this Agreement shall be in writing and signed by both parties.

12.02 Termination of Agreement. Either party may terminate this Agreement at any time upon sixty (60) days’ written notice to the other party.

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12.03 Termination of Plan. If the Plan is terminated, this Agreement will continue in effect until the earlier of the date as of which all assets of the Account have been distributed or the Agreement is terminated pursuant to Section

12.02. ARTICLE XIII. LIMITATION OF LIABILITY AND INDEMNIFICATION

13.01 Limitations of Liability. The Custodian shall not be liable to Plan Sponsor for any act, omission, or determination made in connection with this Agreement except for its gross negligence, willful misconduct or breach of fiduciary duty. Without limiting the generality of the foregoing, the Custodian will have no liability for any losses arising from (i) its compliance with instructions from the Plan Sponsor, Plan Administrator, Investment Manager or Authorized Person or its failure to act in the absence of any such instruction or (ii) the acts of any prior or successor trustee(s) or custodians.

13.02 Indemnification. The Plan Sponsor agrees to indemnify, defend and hold harmless the Custodian and the Custodian’s directors, officers, employees, agents and affiliates (the “Indemnified Parties”) from any and all damages, losses, costs, judgments, fines, penalties and expenses (including attorney’s fees and disbursements) to which the Indemnified Parties may become subject to in connection with any matter arising out of this Agreement (“Losses”), except to the extent such Losses were caused by the Custodian’s gross negligence, willful misconduct or breach of fiduciary duty. In addition to and not in derogation of the foregoing, the Plan Sponsor agrees to indemnify, defend and hold harmless Indemnified Parties from any and all Losses resulting from (i) their reliance upon any notice, instruction, direction or approval purporting to have been delivered by the Plan Sponsor, Plan Administrator, Investment Manager or Authorized Person or actions not taken in the absence of any such instruction, (ii) Plan Sponsor’s failure to make any contribution to the Account or the insufficiency of the Account to discharge any liabilities under the Plan, (iii) the failure of any participant directed account or participant loan to satisfy the requirements of the Plan and applicable law, (iv) any loss or diminution of the Account resulting from changes in the market value of the Account assets, (v) the Custodian’s refusal to act on any unclear or ambiguous direction or, any direction that on advice of the Custodian’s counsel, is determined to be in contravention of this Agreement or any applicable law, (vii) any act or failure to act by the Plan Sponsor, Plan Administrator, Authorized Person or Investment Manager, and (viii) the acts of any prior or successor custodian(s).

ARTICLE XIV. USA PATRIOT ACT NOTIFICATION

14.01 The following notification is provided to Plan Sponsor pursuant to Section 326 of the USA Patriot Act of 2001, 31 USC Section 5318:

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each Person or entity that opens an account, including any deposit account, treasury management account, loan, other extension of credit, or other financial services product. What this means for the Plan Sponsor: When Plan Sponsor opens an account, if the Plan Sponsor is an individual, the Custodian will ask for the Plan Sponsor’s name, taxpayer identification number, residential address, date of birth, and other information that will allow the Custodian to identify Plan Sponsor, and, if Plan Sponsor is not an individual, Custodian will ask for the Plan Sponsor’s official name, taxpayer identification number, business address, and other information that will allow the Custodian to identify the Plan Sponsor. The Custodian may also ask, if the Plan Sponsor is an individual, to see a valid driver’s license or other identifying documents, and, if the Plan Sponsor is not an individual, to see the Plan Sponsor’s legal organizational documents or other identifying documents.

ARTICLE XV. GENERAL

15.01 Plan Qualification. The Plan Sponsor acknowledges that it has the responsibility for the design of the Plan, and, if applicable, for the initial and continued qualification of the Plan under law. The Custodian does not assume responsibility for the determination of the initial qualification or continued compliance of the Plan with the applicable Code.

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15.02 Effective Date. This Agreement shall be effective as of the later of the date hereof or the first date on which the assets are transferred to the Account.

15.03 Governing Law. To the extent that state law shall not have been preempted by the provisions of ERISA, this Agreement shall be construed and enforced according to the laws of the State of Delaware, without regard to the choice of law principles thereof.

15.04 Conflict with Plan. The rights, duties, responsibilities, obligations and liabilities of the Custodian are as set forth in this Agreement, and no provisions of the Plan or any other document shall be deemed to affect such rights, duties, responsibilities, obligations and liabilities. If there is a conflict between provisions of the Plan and this Agreement with respect to any subject involving the Custodian, including but not limited to the responsibility, authority or powers of the Custodian, the provisions of this Agreement shall be controlling.

15.05 Bond Not Required. Except as required under ERISA Section 412, the Custodian shall not be required to furnish any bond or security for the performance of its powers and duties hereunder.

15.06 Bankruptcy. The Custodian shall have no duty, in the event of the Plan Sponsor’s bankruptcy or insolvency, to take any action until directed to do so by the bankruptcy trustee or a court that has jurisdiction over Plan assets.

15.07 Severability. If any provision of this Agreement is held illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions of this Agreement. On the contrary, the remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if the illegal or invalid provision had never been inserted therein.

15.08 Non-Assignability of Interest. No benefit to which a Participant or beneficiary or an alternate payee is or may become entitled under the Plan shall at any time be subject in any manner to alienation or encumbrance, nor be resorted to, appropriated or seized in any proceeding at law, in equity or otherwise. No Participant or other person entitled to receive a benefit under the Plan shall, except as specifically provided in such Plan, have power in any manner to transfer, assign, alienate or in any way encumber such benefit under such Plan, or any part thereof, and any attempt to do so shall be void.

15.09 Waiver. No waiver by either party of any failure or refusal to comply with an obligation hereunder shall be deemed a waiver of any obligation hereunder or any subsequent failure or refusal to comply with any other obligation hereunder.

15.10 Assignment. Either party may assign this Agreement to an affiliate or successor in interest upon written notice to the other party. The provisions of this Agreement shall be binding upon the successors and assigns of the parties hereto.

15.11 Notice. Except as the parties may otherwise agree in writing, all notices, reports, accounts and other communications from the Custodian to the Plan Sponsor, Plan Administrator, Investment Manager or any Authorized Person shall be in writing and deemed to have been duly given as of the first date on which the Custodian transmits or otherwise makes the communication available. Except as the parties may otherwise agree in writing, all notices, instructions and communications to the Custodian shall be in writing and shall be deemed to have been given when received by the Custodian at the following address:

Newport Trust Company
c/o Newport Group, Inc.

ATTN: Newport Trust Company
45 South 7th Street
Suite 2208
Minneapolis, MN 55402
Fax: (916) 605-4024

15.12 Force Majeure. The Custodian shall have no liability for any losses arising out of delays in performing the services which it renders under this Agreement, when such delays result from events beyond its control, including without limitation, interruption of the business of the Custodian due to acts of God, acts of governmental authority,

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acts of war, terrorism, riots, civil commotions, insurrections, labor difficulties (including, but not limited to, strikes and other work slippages due to slow-downs), unauthorized access to its systems, or any action of any courier or utility, mechanical or other malfunction, or electronic interruption.

15.13 Confidentiality. The parties hereto agree that they and their directors, officers, employees, and other staff shall keep in confidence all information, data and records relating to the business and affairs of the other parties to this Agreement (collectively, “Confidential Information”) that may be acquired pursuant to or in connection with this Agreement or the relationships contemplated by this Agreement. During and after the term of this Agreement, disclosure of Confidential Information shall be restricted to those employees of a party hereto with a need to know to fulfill that party’s obligations under this Agreement. Confidential Information shall not be disclosed to a thirdparty not otherwise authorized in the Agreement to receive such information, without the prior written permission of the owner of such Confidential Information. All parties hereto agree that they shall exercise the same care and diligence in protecting the Confidential Information of another party hereto as they would in the protection of its own confidential and proprietary information. The foregoing obligations shall not apply to Confidential Information that: (i) becomes known publicly through no fault of any party hereto; (ii) is received from a third party who is authorized to disclose it; (iii) is already known to the other party to this Agreement; or (iv) is independently developed by the other party to this Agreement.

15.14 Entire Agreement. This Agreement, including all documentation submitted in connection with the engagement of the Custodian, including any fee schedules, contains the entire understanding between the parties relating to the subject matter hereof, and supersedes all prior agreements or understandings between the parties relating to the subject matter hereof, whether written or oral, express or implied.

15.15 Status as Independent Contractors. Nothing in this Agreement shall cause or be deemed to cause any party (including, but not limited to, its officers, directors, or employees) to be an employee, partner, joint venture, or agent of any other party hereto. The sole relationship of the parties hereto is that of independent contractor.

15.16 Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and no other counterpart need be produced. Telephonic or electronic facsimile copies of original signatures, writings or initials on this Agreement shall be valid as the original signatures, writings or initials.

15.17 Survival. The following provisions shall survive termination of this Agreement: Article III (Plan Sponsor Representations and Warranties), Article X (Compensation and Expenses), Section 11.02 (Successor), Section

11.03 (Termination of Liability), Article XIII (Limitation of Liability and Indemnification), and Article XV (General). [signatures on following page]

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IN WITNESS WHEREOF, the Plan Sponsor and Custodian have caused this Agreement to be executed by their respective duly authorized officers on the date or dates shown below.

CITY OF RIPON
Signature:

Name:

Title:

Date:

NEWPORT TRUST COMPANY
Signature:

Name:

Title: Trust Officer
Date:

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EXHIBIT A
2-2021 Fee Schedule 1

FEE SCHEDULE

ANNUAL NEWPORT TRUST COMPANY FEES
Annual Market Value Fees: <$500,000 $500,000 - $5,000,000 $5,000,000+ Plan Assets* 0.10% 0.065% 0.05%
Additional Flat Rate Fee: $250
*Fees will be billed quarterly and will be based on total plan asset values on the last business day of the applicable quarter and fee payment will remain the same as current trust and custody fees. Additional fees may be charged for extraordinary services for which other compensation is not expressly stated, for checks received with insufficient funds and for administration of special assets including transaction and outgoing wire fees for special assets, ETFs and individually directed accounts.

FEE SCHEDULE PROVISIONS

1. It is agreed that any interest earned on cash balances maintained by Newport Trust Company (“Newport”) on behalf of the Plan, while awaiting instructions, shall accrue to the benefit of Newport. Plan Sponsor expressly acknowledges and agrees that Newport may retain as additional compensation for its services any earnings (generally determined daily and calculated on the basis of the then-current Federal Funds Rate) with respect to (a) amounts credited to non-interest bearing cash accounts; (b) moneys during the period between the time the moneys are received by Newport and actually forwarded to the investment provider; and (c) distributions between the time a distribution check is requested and the distribution check is presented for payment.

Moneys shall be invested as soon as practicable following receipt of the moneys and investment instructions, but not later than two business days following receipt of both the moneys and the investment instructions. Distribution checks shall be prepared and mailed as soon as practicable following receipt of a request for a distribution check, but not later than three business days following receipt of the request.

2. As a result of the investment of assets in certain securities, Newport, its affiliates or custodians may be entitled to “revenue sharing” fees (i.e., 12b-1 fees and sub-transfer agent fees) from investment companies (such as mutual funds) or their service providers. Revenue sharing is paid in exchange for Newport’s assumption of administrative and regulatory obligations that the funds would otherwise be responsible for had the fund shares been purchased directly by an individual. For example, Newport may be responsible for enforcing “late trading” and redemption fees under SEC rules 22c-1 and 22c-2 and providing other administrative services on behalf of the funds. Unless the parties agree otherwise, Newport will collect and pass through to a Revenue Holding Account one hundred percent (100%) of the revenue sharing fees on a quarterly basis.

This Fee Schedule and the investment revenue schedule data provided herewith sets forth the revenue sharing Newport will receive for its services. This Fee Schedule, and investment revenue schedule data together are intended by Newport to satisfy the fee disclosure requirements set forth in Department of Labor regulation Section 2550.408b-2(c)(1). The Company represents that the fee and compensation information specified herein was provided to the Company and that the Company had a reasonable opportunity to review and ask questions with respect to such information before entering into the Agreement. The Company has reviewed this Fee Schedule, the investment revenue schedule, the Agreement, and understands the nature and amounts of the Fees and indirect compensation disclosed therein, and has determined that Newport is receiving reasonable compensation for the services in its Agreement with the Company.

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Attachment: WC01060_Newport Trust Company Agreement (23-43 : Strategic Retirement 457 Plan - change of Custodian)

EXHIBIT A
2-2021 Fee Schedule 2

3. Newport fees do not include any brokerage or other sub-custodian commissions. They also do not include mutual fund sales charges/loads or brokerage commission of any other broker-dealer or mutual fund family. Any waiver of mutual fund sales charges/loads at the plan level is only based on the qualifications set forth in the fund’s prospectus, as well as the completion by the plan sponsor of appropriate documentation if required by the fund’s sponsor. Newport fees also do not include any fees charged by an Investment Manager/Consultant. Retirement Accounts will have Newport fees directly debited, unless otherwise instructed in prior agreements with Newport Group, Inc. or its predecessors for trust and custody fees.

4. Annual Market Value fees cover:
 Custody of Standard Assets and, if applicable, acting as a Directed Trustee  Receipt of Plan Contributions
 Mutual Fund daily pricing and trade execution
 Dividend/Income Posting
 Electronically delivered annual trust report and additional statements upon request  Mutual Fund revenue-sharing invoicing and collection
 Compliance with applicable fee disclosure requirements

5. Newport reserves the right to periodically review the fees charged for acceptability based on the time/effort required to service the account, and to propose to the client changes in the fee agreement if needed. If fees are not paid within 90 days, Newport reserves the right to charge interest on the outstanding balance in the amount of 1.5% per month and/or deduct the outstanding amount directly from the account.

Plan Sponsor Authorized Signature Name and Title Date
Bryan Simmons Trust Officer
Newport Trust Company Authorized Signature Name and Title Date

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Attachment: WC01060_Newport Trust Company Agreement (23-43 : Strategic Retirement 457 Plan - change of Custodian) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 10/10/2023
Subject: Grant Application - San Joaquin Valley Air Pollution Control - PD RECOMMENDED ACTION:

Approve the resolution authorizing the Ripon Police Department to submit a grant application to the San Joaquin Valley Air Pollution Control District public benefit grant program for the purchase of one police department alternative fuel vehicle.

BACKGROUND:

The fiscal year 2023-24 City operating and capital budget included the purchase of a new school resource officer vehicle in the amount of $50,000.

The San Joaquin Valley Air Pollution Control District offers a grant to fund the purchase of new electric, plug-in hybrid, or alternative fuel vehicles for public agencies to promote clean air alternative-fuel technologies and the use of low-or zero-emission vehicles in public fleets.

DISCUSSION/ANALYSIS:

The Ripon Police Department wishes to apply for the San Joaquin Valley Air Pollution Control District Alternative Fuel Vehicle Purchase Program. All projects will be considered on a firstcome, first-serve basis. The grant is to provide public agencies, as defined by Government Code section 6252, with new electric, plug-in hybrid, or alternative fuel vehicles.

The Police Department is proposing that these funds be used to purchase one 2023 Ford Mustang Mach-E Battery Electric Vehicle. The vehicle would ultimately replace the gas powered vehicle currently used by the School Resource Officer.

The total cost of the vehicle is estimated to be $70,000, which includes the radios and computer upgrades required for police vehicles. The City is requesting grant funds of $20,000. The remaining cost of the vehicle ($50,000) would be funded by the City’s “General Capital – Department Fund”, which was included in the fiscal year 2023-24 budget.

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The Police Department does have the infrastructure to support an electric vehicle, which is a Level 2 240 volt power outlet.

FISCAL IMPACT:

The total cost of the vehicle is estimated to be $70,000 (including the outfit of police equipment), which would be offset by $20,000 of grants if the Ripon Police Department received the maximum funding. The City responsibility would not exceed $50,000, which would be funded from the General Department Capital Fund. The use of $50,000 towards the purchase of a School Resource Officer Vehicle was already approved in the 2023-24 budget.

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RESOLUTION NO. 23-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING THE RIPON POLICE DEPARTMENT

TO SUBMIT A GRANT APPLICATION TO THE SAN

JOAQUIN COUNTY AIR POLLUTION CONTROL DISTRICT

PUBLIC BENEFIT GRANT PROGRAM FOR THE PURCHASE

OF AN ALTERNATIVE FUEL VEHICLE
WHEREAS, the San Joaquin Valley Air Pollution Control District provides grants for the purchase of alternative fuel vehicle and;
WHEREAS, the San Joaquin Valley Air Pollution Control District permits applications be made to participate in the Alternative Fuel Vehicle Purchase Program and to enter into an agreement to receive a grant; and
WHEREAS, the Ripon Police Department has need for alternative fuel vehicles; and WHEREAS, the Ripon Police Department desires to apply for $20,000 under the San Joaquin Valley Air Pollution Control District Public Benefit Grant Program; and WHEREAS, the Ripon City Council determines that the use of matching funds are approved.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the Ripon Police Department can apply for these grant funds.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of October, 2023, by the following vote:

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RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Leo Zuber, Vice Mayor
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: Christiana Giedd, Associate Civil Engineer
Date: 10/10/2023
Subject: Terracon Consultants, Inc. Services Agreement
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign Amendment No. 4 to the General Services Agreement with Terracon Consultants, Inc. to provide construction materials testing and specialty inspection services for the Fleet Maintenance Facility Project, in the not to exceed amount of $50,000 (funding source: Corp Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund).

BACKGROUND:

Terracon Consultants, Inc. has successfully been providing construction materials testing specialty inspection services that the engineering department staff is not trained or certified to perform for various capital projects for the City of Ripon since July of 2019.

At the July 9, 2019 City Council meeting, Council approved the General Services Agreement with Terracon Consultants, Inc. in the not to exceed amount of $20,000 to provide construction materials testing and specialty inspection services for capital projects.

At the October 12, 2021 City Council meeting, Council approved Amendment No. 1 to the General Services Agreement with Terracon Consultants, Inc. in the not to exceed amount of $20,000 to provide construction materials testing and specialty inspection services for capital projects.

At the May 10, 2022 City Council meeting, Council approved Amendment No. 2 to the General Services Agreement with Terracon Consultants, Inc. in the not to exceed amount of $20,000 to provide construction materials testing and specialty inspection services for capital projects, including the Stockton Avenue Rehabilitation Project and the Well 19 Pump Station Project.

At the July 11, 2023 City Council meeting, Council approved Amendment No. 3 to the General Services Agreement with Terracon Consultants, Inc. in the not to exceed amount of $20,000 to

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provide construction materials testing and specialty inspection services for capital projects, including the Fleet Maintenance Facility Project and the Well 19 Pump Station Project.

DISCUSSION/ANALYSIS:

The construction of the City’s Fleet Maintenance Facility has required a significant number of material and specialty inspections. Since the start of construction, Terracon has billed the City of Ripon $35,641 for these services.

At this point, the budged amount in previous amendments has been billed. Therefore, staff has requested a proposal from Terracon Consultants, Inc. to perform the remaining construction materials testing and specialty inspection services for the Fleet Maintenance Facility Project, as summarized below:
- Reinforcing steel placement
- Concrete compression tests
- Structural steel welding, bolting, and fastener
- Epoxied anchors and bolts
- Field density/compaction
- Masonry placement and grouting
The original Fleet Maintenance Facility project budget for special inspections was $85,513. The remaining project budget for special inspections is $49,872. The attached proposal is an amendment to the original General Services Agreement with Terracon Consultants, Inc. to increase the budget by an additional $50,000. This amendment is expected to be sufficient to cover the remaining inspections required.

FINANCIAL IMPACT:

The Fourth Amendment to the General Services Agreement has a not-to-exceed amount of $50,000, which will be paid through the various Fleet Maintenance Facility funding sources - Corp Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund.

Attachments:

1. Amendment 4_Terracon

2. Exhibit A

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Professional Services Agreement Amendment 4 - Page 1 of 1 Construction Materials Testing and Inspection Services
Terracon Consultants, Inc.

AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
TERRACON CONSULTANTS, INC.

This Amendment to the Professional Services Agreement dated July 9, 2019 (“Amendment”) is made and entered into on, October 10, 2023 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Terracon Consultants, 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, whichever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Fifty Thousand Dollars ($50,000) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amended herein, the remaining terms and conditions of the Professional Services Agreement dated July 9, 2019, shall remain in full force and effect.

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

CITY OF RIPON CONSULTANT
Michael Restuccia, Mayor Troy M. Schiess, P.E.

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Attachment: Amendment 4_Terracon (3996 : Terracon Consultants, Inc. Services Agreement) Terracon 902 Industrial Way Lodi, CA 95240
Main (209) 367-3701 Fax (209) 333-8303 Dispatch (209) 263-0593 terracon.com
September 13, 2023
Proposal No. PNA191172
4th Amendment to Service Agreement
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attn: Carla Rodriguez
[email protected]
Re: Proposal to Provide Construction Materials Testing and Inspection Services City of Ripon Materials Annual Service Agreement
Various Locations
Ripon, California
Dear Ms. Rodriguez:

Terracon Consultants, Inc. (Terracon) appreciates the opportunity to present this proposal for providing Construction Materials Testing & Special Inspection Services for the City of Ripon on an Annual Services Agreement. We appreciate the opportunity and look forward to working with you on future projects.

SCOPE OF SERVICES AND COMPENSATION
Per the request of Carla Rodriguez, Terracon is providing this 4th Amendment to the Services Agreement.

We are providing rates based on prevailing wage laws for projects performed for the City of Ripon. We understand that the city has a few roadway construction projects for the year and has the desire to set up an annual services agreement based on the following inspections:
■ Compaction Testing;
■ Concrete Testing;
■ Reinforcing Steel Inspections;
■ Masonry Inspections;
■ Grout and Mortar Testing and Inspections;
■ High Strength Bolting;
■ Post Installed Anchors;
■ Welding Inspections;
■ Daily Report Production; Final Letter of Conformance; ■ Trip Charges;
■ Proctor on Soil and Aggregate base rock;
■ Compression test concrete cylinders;
■ Compression test grout and mortar samples.

EXHIBIT A 1.4.A.b
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Attachment: Exhibit A (3996 : Terracon Consultants, Inc. Services Agreement) Proposal for Construction Materials Testing and Inspection Services City of Ripon 4th Amendment to Service Agreement ■ Ripon, California September 13, 2023 ■ Terracon Proposal No. PNA191172 4th Amendment Responsive ■ Resourceful ■ Reliable 2
The fee for our services, including all field work, engineering analyses and report preparation will be based upon the unit costs prepared for this agreement as shown in the following table, with a Not to Exceed amount of $50,000.00. The time required for construction materials testing on these projects will be directly related to the schedule and performance of the various contractors chosen and how many trips are made to the site. As a result, total fees for the construction materials services will be based upon the applicable unit rates. The following table presents a detailed breakdown of our proposed unit rates for this agreement:

Description Billing Rate
Compaction Testing – Soils & Asphalt, inc. gauge (NorCal Group 3) $128.00 /hour Concrete Testing, ACI (NorCal Group 4) $122.00 /hour
Reinforcing Steel ICC (NorCal Group 3) $128.00 /hour
Masonry ICC (NorCal Group 2) $135.00 /hour
Certified Welding Inspector (NorCal Group 1) $145.00 /hour High Strength Bolting (NorCal Group 2) $135.00 /hour
Post Installed Anchors (NorCal Group 4) $122.00 /hour
Proctor on Soil and Aggregate Base Rock $275.00 /each
Nuclear Density and Moisture Measuring Equipment $50.00 /day PM Review / Daily Report $95.00 /each
Trip Charge $80.00 /each
Compression Test Concrete Cylinders $30.00 /each
Compression Test Grout and Mortar $35.00 /each
Principal $290.00 /hour
Senior Consultant $275.00 /hour
Clerical / Administrative Staff $100.00 /hour
Project Manager $185.00 /hour
Senior Project Manger $205.00 /hour
Final Compliance Letter $300.00 /each
Not to Exceed (NTE) $50,000.00
Work performed in addition to the anticipated items will be billed in accordance with Terracon’s standard fee schedule. Requirements relative to invoicing must be provided prior to the start of work so that payments to Terracon can be made in the appropriate time frames discussed below.

Terracon can only provide the services discussed herein when properly scheduled. Our services will be provided only at the specific starting times scheduled by the contractor. Failure on the contractor’s part to notify Terracon of the construction activities which require our involvement could jeopardize our ability to provide the necessary materials testing certification upon completion of the City’s projects.

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Attachment: Exhibit A (3996 : Terracon Consultants, Inc. Services Agreement) Proposal for Construction Materials Testing and Inspection Services City of Ripon 4th Amendment to Service Agreement ■ Ripon, California September 13, 2023 ■ Terracon Proposal No. PNA191172 4th Amendment Responsive ■ Resourceful ■ Reliable 3
Our proposal does not include ladders, man lifts, scaffolds and other means necessary to access the areas to perform our inspections and tests. For us to safely and efficiently perform our scope of work, others will need to provide all necessary means to access the areas for our work scopes. Our scope does not include shoring, temporary bracing, construction aids or monitoring of safety practices of the Contractor.

The following assumptions were used in preparing this proposal:
■ Our fees for trips to the site will be charged portal to portal; ■ The City of Ripon is located approximately 30 miles each way from our office and laboratory. Average drive time is 25 minutes each way.
■ Time will be charged in 2, 4 and 8-hour increments for earthwork/asphalt observations, and 4 and 8-hour increments for special inspection ACI/ICC/CWI observations, with a two-hour minimum charge to all on-site hourly unit rates;
■ An out-of-scope charge of $108/hour will be applied for all stand-by time and/or time spent on activities which were not cancelled with prior timely notice (within 8 working hours of requested field inspection); ■ Staff time, laboratory testing and extra trips required for re-testing and/or re-inspection will be marked on the monthly invoices and be considered out-of-scope items;
■ All work performed during weekends and holidays or in excess of 8 hours per day will be billed at 1.5 times the applicable hourly billing rates;
■ Testing and inspection services must be scheduled by the client / contractor with 24 hours’ notice to our office (209-263-0593). Our services are provided on an on-call, as requested basis either by the client’s representative or client’s contractor. Terracon will not be responsible for scheduling our services and will not be responsible for tests that are not performed due to failure to schedule our services; ■ Terracon’s services specifically exclude job site safety responsibility; ■ Our services do not relieve any contractor/subcontractor from complying with project plans and specifications; and,
■ Invoices for the project will be submitted on a monthly basis.

Contingency
Any services not included in our proposed scope can be provided on an as requested by the client or client’s representative at an addition to our estimated budget allowance.

AUTHORIZATION
We assume that our services will be performed under the terms and conditions in the Master Services Agreement. Our fees are due within the terms of the agreed Annual Services Agreement. This proposal is valid only if authorized within sixty days from the listed proposal date.

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Attachment: Exhibit A (3996 : Terracon Consultants, Inc. Services Agreement) Proposal for Construction Materials Testing and Inspection Services City of Ripon 4th Amendment to Service Agreement ■ Ripon, California September 13, 2023 ■ Terracon Proposal No. PNA191172 4th Amendment Responsive ■ Resourceful ■ Reliable 4
We appreciate your consideration of Terracon for this work and look forward to working as your materials engineering consultant on this and future projects.

Prevailing Wage Requirement: Public works contract provisions require the Contractor and its subcontractors to pay all workers employed on the project no less than the specified general prevailing wage rates for the work classification in which they are performing. We understand these projects will be subject to prevailing wage.

Sincerely,
Terracon Consultants, Inc.

Troy M. Schiess, PE
Principal / Office Manager
CA RCE 71404

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Attachment: Exhibit A (3996 : Terracon Consultants, Inc. Services Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 10/10/2023
Subject: City Hall/Police Department Fence Replacement
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the contract with Richter Fence to replace the temporary fence behind the City Hall/Police Department building in the not to exceed amount of $19,900 (funding source: General Department Capital Fund).

DISCUSSION/ANALYSIS:

The attached contract will replace the temporary fence located behind the City Hall/Police Department building parking lot adjacent to the City skate park with a permanent slatted privacy fence. This project was approved as a part of the fiscal year 2023-24 City budget.

FISCAL IMPACT:

The attached fencing project has a not to exceed cost of $19,900, which will be paid for through the Department Capital Fund.

Attachments:

1. Contract_Richter Fence

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CITY OF RIPON

SAN JOAQUIN COUNTY, CALIFORNIA

SPECIFICATIONS
FOR
City Hall/Police Department Fence Replacement
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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Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) 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: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Hall/Police Department Fence Replacement GENERAL INFORMATION Page | 1
GENERAL INFORMATION – Section 1

1. Project Information. The Project is located at Behind City Hall/Police Department Parking Lot. 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-13. 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

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Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Hall/Police Department Fence Replacement PROPOSAL
Page | 2
PROPOSAL – Section 2
Proposal
City Hall/Police Department Fence Replacement
Richter Fence (“Contractor”) hereby submits the attached Proposal to the City of Ripon (“City”) for the above-referenced project (“Project”).

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Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement)

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Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Hall/Police Department Fence Replacement CONTRACT
Page | 3
CONTRACT DOCUMENTS – Section 3
Contract
For
City Hall/Police Department Fence Replacement
This Contract made and entered into this 10th day of October, 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 Richter Fence, hereinafter called the "Contractor", whose Post Office address is 125 E. Main St. #2, Ripon, CA 95366.

- 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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Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Hall/Police Department Fence Replacement 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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Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Hall/Police Department Fence Replacement 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”
Richter Fence CITY OF RIPON, a Municipal Corporation
By: By:

Michael Restuccia, Mayor

END OF CONTRACT

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Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Hall/Police Department Fence Replacement 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. 99
Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Hall/Police Department Fence Replacement 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.”

1.4.B.a
Packet Pg. 100 Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Hall/Police Department Fence Replacement 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

1.4.B.a
Packet Pg. 101 Attachment: Contract_Richter Fence (4014 : City Hall/Police Department Fence Replacement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 10/10/2023
Subject: Claim - Steven Mennucci
RECOMMENDED ACTION:

The City’s claim adjustor has investigated the submitted claim and is recommending the City Council accept the previously accepted claim for the increased amount.

BACKGROUND:

Individuals who believe a municipality such as the City of Ripon is responsible for a loss that they have experienced may file a claim with that municipality. The City Clerk is responsible to process any claim received in a manner that is consistent with the Government Code. The following summarizes how a typical claim is processed:

1. City Clerk reviews the claim to determine if the claim submitted is complete. If it is found to be complete, the claim is forwarded to the City’s claims adjustor for processing. If the claim is determined not to be complete, the City Clerk returns to the individual as incomplete.

2. The City of Ripon is a member of the Central San Joaquin Valley Risk Management Association (CSJVRMA), which consists of 54 cities in the Central Valley that selfinsure liability losses through a pool. The CSJVRMA claims adjustor reviews all liability claims for the facts of the incident including videos, police report, interviews all individuals involved in the incident, etc. The adjustor will also review applicable local, state and federal laws to determine the City’s liability in the incident.

3. If the claims adjustor finds the City is responsible for the damages filed in the claim, he or she will submit those findings to the City Clerk for processing. If the amount of damages is less than $5,000, the City Administrator has the authority to approve the payment of the damage. If the amount of damages is greater than $5,000, the City Clerk will place on the City Council agenda for approval to pay the claim.

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Packet Pg. 102

4. If the claims adjustor finds the City is not responsible for the damages filed in the claim, he or she will submit those findings to the City Clerk and recommend the City Council reject the claim.

5. If the claim is rejected by the City Council, the City Clerk sends a “notice of rejection” to the claimant, which advises the claimant they have six months to file a court action.

6. After the claimant has been paid or 6 months has passed since the rejection, the City’s claim adjuster issues a “closing report” to staff and staff closes the claim and files it.

DISCUSSION/ANALYSIS:

Steven Mennucci submitted a claim to the City of Ripon on November 3, 2022 for the cost to repair damages caused by a City sewer blockage, which caused a sewer flood in the lower level of his property.

The CSJVRMA claims adjustor has reviewed the claim submitted along with staff interviews and City notes and found the lability is adverse to the City. He has been working with the claimant’s representative, Charanne Swanson, to resolve this issue.

At the June 13, 2023 City Council meeting, this claim was accepted by the City Council in an amount not to exceed $80,000. However, the expenses that the claims adjustor has been able to verify for this claim are $83,364.83.

Accordingly, it is the claims adjustor’s recommendation that this matter be submitted to the City Council for the claim amount to be increased from $80,000 to the amount of $83,364.83.

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Packet Pg. 103
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 10/10/2023
Subject: Tree Pruning Maintenance Project
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the contract with Grover Tree Service in the amount of $35,175 to provide tree pruning/removal maintenance in multiple parks and landscaped areas (funding source: expenses paid through the various funds currently used to fund the landscape maintenance where the work is planned).

DISCUSSION/ANALYSIS:

City public works staff is responsible for maintaining a large number of trees at multiple parks, tot lots, landscape medians, parkways and various City owned facilities. Although a portion of work is performed by our Public Works staff, outside services are needed to safely and efficiently provide maintenance once the trees reach a certain size and height. Staff inspects the landscaped areas throughout the City annually to determine what tree maintenance is necessary and a contract is developed to perform this work. Many of the larger mature trees have deadwood and heavy laterals that pose a safety risk to people and public/private property and these areas are prioritized first.

The attached maintenance contract with Grover Tree Service will address the following:

Stouffer Park
- 28 trees, trim and remove all major deadwood around the upper section of the park.
- 2 trees, remove and grind stumps.

Oak Avenue Park / Mistlin Fountain
- 3 trees, trim and remove deadwood, thin canopy and clear power pole - 7 trees, remove and grind stumps.

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Main Street (between Wilma Ave and Acacia Ave)
- 11 sycamore trees, trim and lift canopies, thin and remove suckers and broken hangers, clear street lights and shape trees.
- 4 palm trees, trim and remove seed pods.

Main Street (between Acacia Ave and Industrial Ave)
- 63 crape myrtle trees, trim and elevate for pedestrian and vehicle clearances, cut back from buildings/structures/lights, remove suckers and thin.

Once the work to remove the trees at Stouffer and Oak Avenue Parks is complete, public works staff will plant a combination of trees and shrubs to fill in the gaps in the landscaping.

FISCAL IMPACT:

The attached maintenance project has a not to exceed cost of $35,175 which will be paid for through the funds currently used to fund the landscape maintenance of the area where the work is planned, as summarized below:

Parks General Capital Fund: $24,245
Street & Road Landscape Maintenance Fund: $3,250
Main Street Landscape Maintenance District Fund: $7,680 Attachments:

1. Contract - Grover Tree Service

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Packet Pg. 105

CITY OF RIPON

SAN JOAQUIN COUNTY, CALIFORNIA

SPECIFICATIONS
FOR
Tree Pruning 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

1.4.D.a
Packet Pg. 106 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Rev_6/2022
i

END OF TABLE OF CONTENTS

1.4.D.a
Packet Pg. 107 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Tree Pruning Maintenance Project GENERAL INFORMATION
Page | 1
GENERAL INFORMATION – Section 1

1. Project Information. The Project is located at Stouffer Park, Main Street, Oak Avenue. 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-61/D-49. Per Public Contract Code §10164, the Contractor must be properly licensed as a contractor from contract award through Contract acceptance.

3. Labor Compliance

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.D.a
Packet Pg. 108 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Tree Pruning Maintenance Project PROPOSAL
Page | 2
PROPOSAL – Section 2
Proposal
Tree Pruning Maintenance Project
Grover Tree Service (“Contractor”) hereby submits the attached Proposal to the City of Ripon (“City”) for the above-referenced project (“Project”).

1.4.D.a
Packet Pg. 109 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) *** Tree Service Proposal ***
NAME: CITY OF RIPON
ADDRESS: 259 N WILMA AVE
CITY, ST ZIP: RIPON, CA 95366
PHONE: 599-2108 OR 51
EMAIL: [email protected]
JOB LOCATION: 960 Stouffer St. Ripon, CA 95366
DATE: 09/18/2023
GROVER TREE SERVICE, a division of Grover Landscape Services, Inc., has been in business in the Central Valley for over 50 years. We are fully insured for public liability, property damage, and Worker's Compensation Insurance. We hold California State License #333345 C-27 and Specialty License C-61/D-49, as required by State Law, for any tree work over $300.00.

GROVER TREE SERVICE has 5 arborists on staff, certified with the International Society of Arboriculture. Recommendations will be made by Certified Arborists for the health of the trees and to promote safety. If safety recommendations made by Certified Arborists are not followed, we cannot be held liable for damage.

Payments will be due net 30 days after invoice date, 1.5% interest charged monthly on unpaid invoices.

GROVER TREE SERVICE proposes to do the following work for the sums specified.

SITE NAME: Mavis Stouffer Park SITE CONTACT:

TREE REMOVAL: $1,975.00
Remove the 2 Redwood trees in the front part of the park that are dead or dying.

Clean up all wood, brush & debris.
• #1 Redwood Dead
• #2 Redwood Dying

1. STUMP REMOVAL: $945.00
Grind out the 2 Redwood stumps and 1 existing Olive stump over by the equipment shed.

Backfill stump voids with tailings and remove excess tailings.

2. TREE TRIMMING: $8,775.00
Trim 3 Holly Oak and 8 Valley Oak trees to clean, thin, & reduce weight on the Holly Oak (Cut back from hanging over the fence on the 2 Holly Oak by the front bathrooms). Trim the 8 Valley Oak to remove major deadwood and reduce long heavy laterals around the buildings. Trim the one Valley Oak away from the parking lot lights.

Clean up all wood, brush & debris.
•   #3 Holly Oak, DBH: 30
•   #4 Holly Oak, DBH: 34
•   #5 Valley Oak ‘Quercus lobata’, DBH: 37
•   #6 Valley Oak ‘Quercus lobata’, DBH: 24
•   #7 Valley Oak ‘Quercus lobata’, DBH: 42
•   #8 Valley Oak ‘Quercus lobata’, DBH: 47
•   #9 Valley Oak ‘Quercus lobata’, DBH: 36
•   #10 Valley Oak ‘Quercus lobata’, DBH: 37
•   #11 Valley Oak ‘Quercus lobata’, DBH: 28
•   #12 Valley Oak ‘Quercus lobata’, DBH: 36
•   #13 Holly Oak, DBH: 20

3. TREE TRIMMING: $3,840.00
Trim 2 Valley Oak on the front part of the road to the back part of the park to remove major deadwood on the tree over the parking area and reduce canopy end weight. Reduce weight on the Valley oak leaning over the road.

Remove 2 Grape Vines from the 2 Valley Oak between the roadway & the river.

4. 1.4.D.a
Packet Pg. 110 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Trim 4 Holly Oak on the SE portion of the turf playing field to elevate, clean & thin, and reduce canopy end weight. Clear the light on the back Holly Oak.

Clean up all wood, brush & debris.
•   #14 Valley Oak ‘Quercus lobata’, DBH: 36
•   #15 Valley Oak ‘Quercus lobata’ Along River, DBH: 0 •   #16 Valley Oak ‘Quercus lobata’ Along River, DBH: 0 •   #18 Holly Oak, DBH: 33
•   #19 Holly Oak, DBH: 29
•   #20 Holly Oak, DBH: 26
•   #21 Holly Oak, DBH: 35
•   #28 Valley Oak ‘Quercus lobata’, DBH: 32
TREE TRIMMING: $3,400.00
Trim the large Walnut tree between the road to the back parking lot and the river to remove major deadwood and reduce lateral end weight.

Clean up all wood, brush & debris.
• #17 Walnut, DBH: 67

5. TREE TRIMMING: $812.50
Trim 4 Valley Oak and 2 Holly Oak on the East side of the back parking lot that hang over the parking lot to reduce canopy end weight over the parking lot.

Clean up all wood, brush & debris.
•   #22 Valley Oak ‘Quercus lobata’, DBH: 12
•   #23 Valley Oak ‘Quercus lobata’, DBH: 24
•   #24 Holly Oak, DBH: 13
•   #25 Valley Oak ‘Quercus lobata’, DBH: 13
•   #26 Holly Oak, DBH: 15
•   #27 Valley Oak ‘Quercus lobata’, DBH: 18

6. Signature
Accepted Date:

Total: $19,747.50
Subtotal: $19,747.50
Tax: $0.00
All material is guaranteed to be as specified above. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control.

Acceptance of Proposal - The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.

Authorized Signature
Note: This proposal may be withdrawn by us if not accepted within 30 days.

NOTE: We will not be held responsible for damage to private underground objects (such as pipes or wires) during performance of our work, due to uncertainty of their location. Sprinkler pipes or wires can be repaired using time and material rates as an additional charge, upon request. We will contact Underground Service Alert (USA) to locate public utilities, and will use appropriate caution to prevent damage to marked public utilities.

1.4.D.a
Packet Pg. 111 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) *** Tree Service Proposal ***
NAME: CITY OF RIPON
ADDRESS: 259 N WILMA AVE
CITY, ST ZIP: RIPON, CA 95366
PHONE: 599-2108 OR 51
EMAIL: [email protected]
JOB LOCATION: 187 Oak Ave Ripon, CA 95366
DATE: 09/18/2023
GROVER TREE SERVICE, a division of Grover Landscape Services, Inc., has been in business in the Central Valley for over 50 years. We are fully insured for public liability, property damage, and Worker's Compensation Insurance. We hold California State License #333345 C-27 and Specialty License C-61/D-49, as required by State Law, for any tree work over $300.00.

Payments will be due net 30 days after invoice date, 1.5% interest charged monthly on unpaid invoices.

GROVER TREE SERVICE proposes to do the following work for the sums specified.

SITE NAME: Mistlin Fountain Park SITE CONTACT:

TREE REMOVAL: $4,160.00
• Remove 3 dead/dying Redwood trees in the Park area and 1 behind the fountain • Remove the dead tops on 2 Redwood trees behind the fountain. • Trim 1 Live Oak at the corner of Oak & W. Main to clean & thin canopy, reduce canopy end weight, and clear the power pole.
• Remove 3 larger Privot trees in fenced area behind the fountain and treat the stumps.

Clean up all wood, brush & debris.

1. STUMP REMOVAL: $337.50
Grind the 3 Redwood stumps in the park area.

Backfill stump voids with tailings and remove excess tailings.

2. Signature
Accepted Date:

Total: $4,497.50
Subtotal: $4,497.50
Tax: $0.00
All material is guaranteed to be as specified above. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control.

Authorized Signature
Note: This proposal may be withdrawn by us if not accepted within 30 days.

1.4.D.a
Packet Pg. 112 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) *** Tree Service Proposal ***
NAME: CITY OF RIPON
ADDRESS: 259 N WILMA AVE
CITY, ST ZIP: RIPON, CA 95366
PHONE: 599-2108 OR 51
EMAIL: [email protected]
JOB LOCATION: 259 N WILMA AVE RIPON, CA 95366
DATE: 10/03/2023
GROVER TREE SERVICE, a division of Grover Landscape Services, Inc., has been in business in the Central Valley for over 50 years. We are fully insured for public liability, property damage, and Worker's Compensation Insurance. We hold California State License #333345 C-27 and Specialty License C-61/D-49, as required by State Law, for any tree work over $300.00.

Payments will be due net 30 days after invoice date, 1.5% interest charged monthly on unpaid invoices.

GROVER TREE SERVICE proposes to do the following work for the sums specified.

SITE NAME: SITE CONTACT:

TREE TRIMMING: $3,250.00
• Trim 11 Sycamore trees on the South side of Main St between Acacia Ave & the Archway just West of Vera to elevate the sidewalk by at least 10’ and the road by 15-16, thin and remove middle suckers and watersprouts, remove broken hangers, clear the street lights, and shape trees. • Trim 4 Palm trees ( 2 on N side of W Main & Orange intersection and 2 at the Archway just West of Vera to trim to a 10:00 - 2:00 position and remove seedpods.

Clean up all wood, brush & debris.

Note: We will need city staff help on blocking off spaces and traffic control.

1. Signature
Accepted Date:

Total: $3,250.00
Subtotal: $3,250.00
Tax: $0.00
All material is guaranteed to be as specified above. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control.

Authorized Signature
Note: This proposal may be withdrawn by us if not accepted within 30 days.

1.4.D.a
Packet Pg. 113 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) *** Tree Service Proposal ***
NAME: CITY OF RIPON
ADDRESS: 259 N WILMA AVE
CITY, ST ZIP: RIPON, CA 95366
PHONE: 599-2108 OR 51
EMAIL: [email protected]
JOB LOCATION: E. MAIN ST Ripon, CA 95366
DATE: 09/22/2023
GROVER TREE SERVICE, a division of Grover Landscape Services, Inc., has been in business in the Central Valley for over 50 years. We are fully insured for public liability, property damage, and Worker's Compensation Insurance. We hold California State License #333345 C-27 and Specialty License C-61/D-49, as required by State Law, for any tree work over $300.00.

Payments will be due net 30 days after invoice date, 1.5% interest charged monthly on unpaid invoices.

GROVER TREE SERVICE proposes to do the following work for the sums specified.

SITE NAME: SITE CONTACT:

TREE TRIMMING: $7,680.00
Location: Along E. Main St from Acacia on the West end to the East end where Main St. turns at the RR tracks.
• Trim 32 Crape Myrtle on the South side of the street and 31 Crape Myrtle on the North side of the street to elevate for pedestrian & vehicle clearances, cut back from buildings & structures, clear lights, remove middle suckers and thin a bit.

Clean up all wood, brush & debris.

Note: Traffic control, permits, plans, or equipment has not been included in this quote. This will need a coordinated effort with the city to block off parking spaces and any business notifications that may be needed.

1. Signature
Accepted Date:

Total: $7,680.00
Subtotal: $7,680.00
Tax: $0.00
All material is guaranteed to be as specified above. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays are beyond our control.

Authorized Signature
Note: This proposal may be withdrawn by us if not accepted within 30 days.

1.4.D.a
Packet Pg. 114 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Tree Pruning Maintenance Project CONTRACT
Page | 3
CONTRACT DOCUMENTS – Section 3
Contract
For
Tree Pruning Maintenance Project
This Contract made and entered into this 10th day of October, 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 Grover Tree Service, hereinafter called the "Contractor", whose Post Office address is 6224 Stoddard Road, Modesto, CA 95356.

1.4.D.a
Packet Pg. 115 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Tree Pruning 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:

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.

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

1.4.D.a
Packet Pg. 116 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Tree Pruning 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”
Grover Tree Service CITY OF RIPON, a Municipal Corporation By: By:

Michael Restuccia, Mayor

END OF CONTRACT

1.4.D.a
Packet Pg. 117 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Tree Pruning 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

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

1.4.D.a
Packet Pg. 118 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Tree Pruning 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:

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.

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.”

1.4.D.a
Packet Pg. 119 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) Tree Pruning Maintenance Project INSURANCE REQUIREMENTS Page | 8

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

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

END OF INSURANCE REQUIREMENTS

1.4.D.a
Packet Pg. 120 Attachment: Contract - Grover Tree Service (3992 : Tree Pruning Maintenance Project) The original contract was approved for a not to exceed amount of $40,000 in March of 2023. At the time of construction in June of 2023 there were 15 additional locations in need of patch repairs due to water leaks which were added as a field change.
a
Packet Pg. 121 Attachment: 2023018-01_Asphalt Patch & Repair Invoice (4029 : Asphalt Patch & Repair Project) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 10/10/2023
Subject: SJMSCP Fee Update - 2024
RECOMMENDED ACTION:

City Council to consider approving the following motion:
“The City Council adopts the resolution amending the 2024 SJMSCP Development Fees.”
DISCUSSION/ANALYSIS:

Attached to this staff report is SJCOG’s staff report regarding approval of an amendment to the 2024 SJMSCP Fee. The fees proposed for 2024 are indicated in the attached SJCOG staff report and have decreased once again from the 2023 fees. The fees are based on a financial analysis model adopted by the SJCOG Board, which takes into account the true costs of implementation and fulfillment of the SJMSCP.

Existing 2023 and Proposed 2024 Habitat Fee Comparison
Habitat Type 2023 Fee Per Acre Proposed 2024 Fee Per Acre Multi-Purpose Open Space $9,629 $8,918
AG/Natural $19,255 $17,833
Vernal Pool - grasslands $75,320 $69,408
Vernal Pool - wetted $176,878 $177,724
With the exception of the property located along the Stanislaus River, which is essentially undevelopable land, all property located within the Ripon General Plan area is classified as Multi-Purpose Open Space habitat type.

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Packet Pg. 122
ENVIRONMENTAL ANALYSIS:

In accordance with the California Environmental Quality Act and the Guidelines, this project is Categorically Exempt, pursuant to CEQA Guidelines Section 15061 (b)(3).

Attachments:

1. SJCOG Staff Report

2. Exhibit A

3. Notice of Public Hearing

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Packet Pg. 123
RESOLUTION NO. 23-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING THE SAN JOAQUIN COUNTY MULTISPECIES HABITAT CONSERVATION AND OPEN SPACE

PLAN (SJMSCP) DEVELOPMENT FEE
WHEREAS, the City Council of the City of Ripon adopted an Ordinance establishing the authority for collection of a Development Fee for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new developments pursuant to the SJMSCP within the City of Ripon; and
WHEREAS, a “Fee Study” dated July 16, 2001 was prepared which analyzed and identified the costs, funding, and cost-benefit of the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan; and
WHEREAS, the purpose of the SJMSCP Development Fee is to finance the goals and objectives of the SJMSCP that include, but are not limited to preserve land acquisition, preserve enhancement, land management, and administration that compensate for such lands lost as a result of future development in the City of Ripon and in San Joaquin County; and WHEREAS, after considering the Fee Study and the testimony received at the public hearing, the Ripon City Council approved said report; and further found that the future development in the City of Ripon will need to compensate cumulative impacts to threatened, endangered, rare and unlisted SJMSCP Covered Species and other wildlife and compensation for some non-wildlife related impacts to recreation, agriculture, scenic values and other beneficial Open Space uses; and
WHEREAS, an “Updated Fee Study” dated 2006, 2011, 2016 and 2021 was prepared which analyzed and identified the costs and funding of the SJMSCP; and WHEREAS, the SJMSCP Development Fees are divided into three categories:

Category A - Acquisition; Category B - Enhancement; and Category C - Land Management / Administration; and
WHEREAS, the SJMSCP Development Fees for the three categories will be decreased as shown on the attached Exhibit “A”; and
WHEREAS, to ensure that the SJMSCP development fees keep pace with inflation, annual adjustments are made to the fees based on the method previously adopted by the Ripon City Council.

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Packet Pg. 124

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RIPON, AS FOLLOWS:

1. The City Council finds and declares that the purposes and uses of the Development Fee, and the determination of the reasonable relationship between the fees’ uses and the type of development project on which the fees are imposed, are all established in Ordinance 648, and remain valid, and the City Council therefore adopts such determinations.

2. The 2024 Development Fee for the three categories of land – natural land and agricultural lands, vernal pool habitat, and multi-purpose open space conversion- shall be as set forth on Exhibit “A.”

3. The Fee provided in this resolution shall be effective on January 1, 2024, which is at least sixty (60) days after the adoption of this resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 10th day of October, 2023, by the following vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Vice Mayor
SECONDER:Daniel de Graaf, 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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Packet Pg. 125
8/2023
SJCOG, Inc.

STAFF REPORT
SUBJECT: 2024 SJMSCP Development Fee Annual
Adjustment
RECOMMENDED ACTION: Motion to Approve the 2024 SJMSCP
Development Fees as Adjusted Pursuant to
the Financial Analysis Model
SUMMARY:

Using the adopted five-year financial analysis model to the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) the SJCOG Inc. staff, HTAC Financial Subcommittee members (Table 1) and consultants undertook the annual analysis in summer 2023. The goal of the annual analysis is to establish the next year’s habitat plan fees paid by the development project. The fees are for impacts under the countywide SJMSCP permits as defined in the three fee model categories (Category A – Acquisition; Category B - Assessment and Enhancement; and Category C - Land Management and Administration).

Table 1 – HTAC Financial Subcommittee Members:

John Beckman, BIA Matt Diaz, Stockton Zachery Kearns, CDFW Dan Gifford, Conservation Alisa Goulart, SJ County
The proposed 2024 SJMSCP development fees were adjusted using the recommended 2020 SJMSCP Five-Year Financial Model Update for the respective categories and are compared to the 2023 SJMSCP Development fees (Table 2) in the most common habitat categories under the plan. The change is an overall decrease of

7.4% in the most impacted categories of Agricultural and Natural habitat classifications from the prior year. The decrease is due primarily to a decline in the land acquisition component (Category A) for agricultural land price values of comparable sales even though there was a rise in the reported Consumer Price Index (CPI) for Categories B and C.

Table 2- Compared 2024 & 2023 SJMSCP Development Fees – Most Common Fee Habitat Types 2024 Fee -
Proposed
2023 Fee -
Adopted Difference
Percent
Change
Agricultural/Natural $17,833 $19,255 $1,422 7.4%
2024 SJMSCP
Fees
Cat C
Cat A Cat B

7.4%

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Packet Pg. 126 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) Table 3 illustrates the history of the SJMSCP development fees over the years since the funding shortfall was noted by the permitting agencies in 2006. The fees can fluctuate primarily based on the Category A – acquisition component of the fee formula over time.

Table 3- History and Annual Percentage Change for SJMSCP Development Fees Projects participating under the SJMSCP benefit from a predetermined streamlined processing of the project rather than navigating through a potentially very long, cumbersome and expensive regulatory process outside the habitat plan. By opting for participation, the project proponent can choose any number of ways to provide mitigation for the impacts of the project through the plan and even control much of the mitigation costs if desired. The options are:

1. Pay a fee.

2. Redesign the project to avoid/minimize impacts.

3. Provide land in lieu of the SJMSCP fee, which the project proponent will negotiate the easement/fee title costs (Category A component).

4. Any combination of the above options.

And if those options are not sufficient, the project proponent can choose to not participate in the plan (opt out) and fulfill mitigation requirements on their own with state and federal permitting agencies independently.

RECOMMENDATION:

The HTAC Financial Subcommittee, the HTAC, Executive Committee, and staff make the recommendation to SJCOG, Inc. Board to Approve the 2024 SJMSCP Development Fees as Adjusted Pursuant to the Financial Analysis Model.

FISCAL IMPACT:

Development fees provide funding for SJCOG Inc. to mitigate project impacts covered under the SJMSCP permits for the subsequent calendar year beginning January 1.

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Packet Pg. 127 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) BACKGROUND:

Annually, the SJMSCP development fees are reviewed and calculated using a formula method adopted under the habitat. The three components of the formula are adjusted using a specific mechanism, which relates to the individual component in the fee based on the most current data. The development fees established must be adopted by each of the jurisdictions and would become effective on January 1 of the subsequent year for projects using the SJMSCP.

Category A (Acquisition) – Comparable Land Sales
This category is directly related to land valuation based on comparable land sales in San Joaquin County in specific zones of the plan area (Central Zone, Central Southwest Transition Zone and Delta Zone) over an established two-year period meeting the established criteria used for comparable land sales (Attachment 1). Cost estimates for this category will continue to be evaluated on a yearly basis by taking all qualified fee title comparable sales in each zone to set a weighted cost per acre.

Also, the HTAC Financial Subcommittee completed a mid-cycle review of the percentage of easement value to fee title value used in the fee model for this category which was part of the 2020 model update. The percentage reviewed dropped slightly from 58% to 55% which was incorporated into the model going forward until next 5-Year Review process.

The fee model analysis update results in a 13.5% decrease in the Agricultural/Natural Habitat types of Category A (Acquisition) component to be $11,003. The reason for the decrease is the decline in overall comparable fee title land sale values from prior year values.

Category B (Assessment and Enhancement) – Refined Cost Factors with Consumer Price Index and Model Data Update
Cat A Cat B Cat C Fee

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Packet Pg. 128 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) The Category B component of the fee is adjusted using several factors including the California Consumer Price Index (CPI), as reported by the California Department of Finance for the preceding 12-month fiscal year (June 2022 – June 2023) and from the updated model numbers completed annually based on the SJMSCP Annual Report.

The unit cost factors (per acre or per year for some items) are adjusted only by the CPI (the California CPI calculation was an increase of 2.88%). But the total cost for Category B is also a function of the SJMSCP Annual Report data updated annually (acres remaining to be acquired and the number of years remaining in the permit term; the fee per acre is a function of those total calculated costs and the land conversion acres remaining). These parts all feed into the fee model.

The fee model update results in a 4.7% increase in the Agricultural/Natural Habitat types of Category B (Assessment and Enhancement) component to be $6,038.

Category C (Management, Monitoring and Administration) – Refined Cost Factors/Long Term Investment with Consumer Price Index
Annual cost updates use the California Consumer Price Index (CPI), as reported by the California Department of Finance, for the preceding 12-month fiscal year (June 2022 – June 2023) to keep up with inflation on an annual basis.

The fee model update results in an 2.88% increase in the Agricultural/Natural Habitat types of Category C (Management, Monitoring and Administration) component from prior years to be $792.15.

In summary, the SJMSCP fees is calculated using the SJMSCP Financial Analysis formula model shown in the final proposed fee table 4 below and Attachment 2 (SJMSCP Cost and Fee Analysis 2024 Update). The overall result in the fee analysis is a 7.4% decrease in the most impacted Agricultural and Natural Habitat Classifications fees for 2024.

Table 4 - 2024 SJMSCP Development Fees - Proposed
Habitat Type Category
A
Category B Category
C
Total Fee Rounded
Fee
Other Open Space $5,502.00 $3,019.00 $396.66 $8,917.66 $8,918 Natural/Ag Lands $11,003.00 $6,038.00 $792.15 $17,833.15 $17,833 Vernal Pool
Grasslands $52,545.00 $14,906.00 $1,956.53 $69,407.53 $69,408 Vernal Pool Wetted $52,748.00 $123,058.00 $1,918.14 $177,724.14 $177,724 COMMITTEE ACTIONS:
• HTAC FINANCIAL SUBCOMMITTEE: Recommended Approval to HTAC • HTAC: Recommended Approval to SJCOG, Inc. Board

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Packet Pg. 129 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) • Management and Finance: Information
• Executive Committee: Recommended Approval to SJCOG, Inc. Board • SJCOG, Inc. Board: Action Required
Prepared by: Steven Mayo, Program Manager

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Packet Pg. 130 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) Attachment 1 – 2024 Fee Study Property List - Props 24 Month

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Packet Pg. 131 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) Attachment 2 – SJMSCP Cost and Fee Analysis 2024 Update

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Packet Pg. 132 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table of Contents List of worksheet tabs and contents
Notes to User Model overview and instructions for annual updates Fee Summary Comparison Table showing calculated fee amounts by habitat type and category; comparison to adopted fees; linked from other sheets; includes California CPI factor for Category C annual update
A1 PerAcreCostFactorsbyZone Per acre easement cost factors by zone based on input from comparables and appraisal analysis A2 PerAcreAcquisitionCost Weighted acquisition cost factors by habitat type based on distribution of preserves by zone; adds transaction costs A3 AcquisitionCostHabitatType Total acquisition cost by habitat type, for preserves remaining to be acquired A4 AcquisitionFEE Category A fee by habitat type, based on remaining land conversion B1 PreserveEnhancementCost Weighted enhancement cost factors by habitat type based on estimate of acres enhanced and detailed per acre enhancement cost factors B2 AssessmentEnhancementCost All assessment and enhancement cost factors by habitat type, for preserves remaining to be acquired B3 AssessEnhancementCostAllocation Total assessment and enhancement cost by habitat type, remainder of permit term, for preserves remaining to be acquired B4 AssessmentEnhancementFEE Category B fee by habitat type, based on remaining land conversion C MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion; links to summary comparison for annual update For 5-Year Update Only => Workbook break: the following tabs for Category C are only used in the 5-year economic analysis update C1 MonitoringCost Monitoring cost factors by habitat type, including post-permit annual cost; costs for remainder of permit term, all preserve acres C2 PMAdminCost Project management and administrative cost factors, including post-permit annual cost; costs for remainder of permit term, all preserve acr C3 Permit Term Cost Adjustments Category C fund balance deducted from Category C costs remainder of permit term to calculate net cost for cost allocation and fee C4 Endowment Endowment cash flow, return assumptions, and total in year 51 to support post-permit annual cost C5 MonitoringAdminCostAlloc Total monitoring, management, and administrative cost by habitat type, remainder of permit term and endowment for post permit cost C6 MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion Source for update acres => Workbook break: the following tabs are updated annually and every 5 years for acres inputs 1 SJMSCP Acres 6_4_2015 Land conversion and preserve acres by habitat type for the 50-year permit term (source table)

2.1 RemainingPreservetoAcquire Preserve Acres, Total and Remaining to be Acquired (from Table 1 and Annual Report updates)

2.2 Preserves_Habitat_Zone_2019 Detail on preserve acquisition by habitat type and zone for use in monitoring cost estimates (not used in annual updates) 3 Cumulative Take_Remaining Allowed and Remaining Incidental Take Acreage (from Table 1 and Annual Report updates) 4 PreserveAcquisitionSchedule Preserve Acquisition Schedule, All Habitat Types, by Index Zone, Remaining Permit Term (from Table 2.1 and 2.2) Fund Balance Analysis => Workbook break: the following tabs are updated every 5 years for Category C cost analysis 5 FundBalanceAllocation Allocation of Fund Balance to Category B and Category C (permit term) and post-permit endowment B1 ExistingPreserveEnhanceCost Estimate of enhancement costs on existing preserves with updated cost factors, to allocate fund balance to Category B DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - TABLE OF CONTENTS - 7/24/2023

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Packet Pg. 133 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 This workbook of linked worksheets calculates SJMSCP Impact Fees for Categories A, B, and C.

The workbook contains all of the elements needed for annual updates as well as the framework for the more complex 5- year economic analysis updates.

Action items for annual updates indicated in red italics.

Category A and Category B are fees for one-time costs for land acquisition, enhancement, restoration and associated site assessments and planning.

These fees will be updated annually by updating the per-acre cost factors and updating the acres remaining to be acquired and the remaining acres of land conversion based on data from SJMSCP Annual Reports. - Category A per-acre cost factors updated by annual comparables analysis, as established in past practice, and evaluation of easement cost percent of fee title based on SJMSCP appraisals - Category B per-acre and annual cost factors updated by applying California CPI to unit cost factors - The total costs in Category A and Category B for each annual update will reflect the acres remaining to be acquired and the fees for each annual update will reflect the remaining acres of land conversion from SJMSCP Annual Reports.

Category C is a fee for on-going annual costs for the remainder of the permit term and post-permit in perpetuity. practice.
- Incorporating Annual Report data in the annual updates of on-going permit term and post-permit costs adds unnecessary complexity to the annual update of this component of the SJMSCP fees. the endowment cash flow analysis required to estimate post-permit costs, are more complex work efforts not justified to generally keep Category C fees in line with annual cost inflation. Moreover, because management and administration costs are not sensitive to habitat type, it is not as important to account for the annual variation in preserve acquisition and land conversion captured in the annual updates to Categories A and B.

Components of the workbook:

1. The Fee Summary Comparison worksheet compares calculated updated fees to fees currently in effect and includes the California CPI for Category C updates.

2. Category A tabs A1 - A4 calculate the fees for Category A Acquisition.

3. Category B tabs B1 - B4 calculate the fees for Category B Assessment and Enhancement.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 134 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

4. Category C Fee tab shows the fees by habitat type calculated in the 2020 Economic Analysis Update, the basis for the

UPDATE ONLY
the SJMSCP Annual Report; Table 4 showing the preserve monitoring schedule by habitat type and zone is used only in the 5-year update.

7. Tables 5 and B1 ExistingPreserveEnhanceCost provide the fund balance analysis completed every five years as part of the Category C update.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 135 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Fee Summary Comparison
Calculates new annual fees and compares to prior year adopted fees.

1. Paste values of prior year adopted fees in cells C11:E14.

2. Insert updated annual California CPI factor in cell F1.

3. Updated fees for Category A show in cells C5:C8 and updated fees for Category B show in cells D5:D8. The fees are link

4. Formulas in cells E5:E8 calculate Category C fee update amounts based on prior year adopted fee amounts in cells E11:E14 and the California CPI.

Category A Acquisition
A.1 Category A Per-Acre Acquisition Cost Factors by Zone Delta.

2. Update SJCOG, Inc. appraisal list each year and calculate weighted average percent by dividing cumulative total easement value (cost) by cumulative total before value (fee title value).

3. Value of Southwest Zone easement cost remains unchanged until experience indicates it should be updated.

A.2 Per-Acre Acquisition Cost Factors by Preserve/Habitat Type No annual input needed. Links and formulas calculate total cost factors per acre for each habitat type.

1. Easement cost factor input linked from A.1.

2. Distribution by preserve type is not changed from 1996 Economic Analysis.

3. Transaction cost and VP acquisition assumptions not changed.

A.3 Total Acquisition Costs by Habitat Type, Remainder of Permit Term No annual input needed. Links and formulas calculate total cost for each habitat type.

1. Land acquisition cost factors linked from A.2.

2. Preserve acres remaining to be acquired linked from Table 2.1 (updated annually based on SJMSCP Annual Report).

A.4 Fee Calculations
No annual input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from A.3.

2. Land conversion remaining linked from Table 3 (updated annually based on SJMSCP Annual Report).

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 136 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category B Assessment and Enhancement
B.1 SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost factors per preserve acre refined, and update of costs for enhancements and restoration. 2020 Analysis included further cost updates based on actual SJCOG, Inc. experience and other relevant cost updates. Table calculates weighted average cost per preserve acre for agricultural lands, non-vernal pool natural lands, and vernal pool preserves. Update enhancement cost analysis every five years.
formula. Formula references updated annual California CPI factor in cell E1. Formulas calculate updated weighted average cost per preserve acre.

3. Insert updated annual California CPI factor in cell E1.

B.2 Category B Assessment, Planning, Restoration and Enhancement Cost Factors

1. Update remaining years in permit term.
enhancement plans in the formula. Formula references updated annual California CPI factor in cell C1. Formulas calculate updated annual costs.

3. Insert updated annual California CPI factor in cell C1.

4. Enhancement and restoration cost factors linked from B.1.

B.3 Category B Assessment, Planning, Restoration, and Enhancement Cost Allocation by Habitat Type No annual input needed. Links and formulas calculate total cost for each habitat type. factors in B.2.

2. Preserve acres remaining to be acquired linked from Table 2.1 (updated annually based on SJMSCP Annual Report).

B.4 Fee Calculations
No annual input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from B.3.

2. Land conversion remaining linked from Table 3 (updated annually based on SJMSCP Annual Report).

Category C Monitoring, Management, and Administration
C.5 Fee Calculations - Annual Update Only
No input needed. Cost and land conversion values frozen based on 2020 Economic Analysis.

1. For 2020 update, Category C fee amounts by habitat type linked to Fee Summary Comparison table.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 137 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

2. Update annually by applying California CPI factor to prior year Category C fee amounts, as in past practice.

Note: this is done in the Fee Summary Comparison worksheet.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 138 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category C Monitoring, Management, and Administration - INSTRUCTIONS FOR FIVE-YEAR UPDATE C.1 Category C (part) Compliance and Effectivement Monitoring Cost Assumptions

1. Remaining years in permit term linked from Table 4 Preserve Monitoring Schedule.

2. Update monitoring cost factors (annual costs and annual costs per acre).

3. Total costs by type of monitoring for the remainder of the permit term calculated by worksheet formula. With links to Table 4 Preserve Monitoring Schedule.

4. Post permit cost updates by worksheet formula based on updates to detail in rows above. Acres input linked from Table 4 Preserve Monitoring Schedule.

C.2 Category C (part) Project Management and Administrative Cost Assumptions

1. Remaining years in permit term linked from Table 4 Preserve Monitoring Schedule.

2. Update annual management and administrative staff cost and cost allocation, Habitat Plan Environmental Consulting, and Land Manager Coordination costs from analysis of Cumulative Schedule of Receipts and Disbursements in SJMSCP Annual Report, supplemented as needed by cost code detail provided by SJCOG, Inc. staff.

3. Update Financial Plan fFive-Year Review and Update cost based on contracts.

4. Post permit cost updates by worksheet formula based on updates to detail in rows above.

C.3 Adjustments for Remaining Fund Balance
No input needed. Links and formulas calculate net Category C cost for remainder of permit term.

1. Costs for the remainder of the permit term by cost category linked from Table C.1 and C.2.

2. Category C fund balance as of prior year end for costs on existing preserves linked from Table 5.

C.4 SJMSCP Endowment Fund Cash Flow
This table uses estimates of annual post permit costs, existing fund balance allocated to post-permit costs (based on cumulative take to date as a share of total take), and interest earnings assumptions to estimate the endowment needed at the end of the permit term to fund annual costs in perpetuity.

This analysis is to be updated at each 5-year economic analysis review. The worksheet solves for fund balance amount in year 51 that generates the annual income to fully fund annual post permit costs. The worksheet calculates the annual fee revenue required over the remainder of the permit term to achieve that fund balance when added to the existing fund balance for management and administrative costs post permit and interest earnings over the remainder of the permit term. That amount is the total cost to be allocated by habitat type remaining to be acquired and links to DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 139 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 C.5 Category C Monitoring and Project Management/Adminstration, including endowment for post-permit costs, Cost Allo No input needed. Links and formulas calculate cost for each habitat type. costs by habitat type.

2. Preserve acres remaining to be acquired linked from Table 2 (updated based on SJMSCP Annual Report).

C.6 Fee Calculations
No input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from C.5.

2. Land conversion remaining linked from Table 3 (updated based on SJMSCP Annual Report).

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 140 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Tables 1 - 5 (Source Tables)
Table 1 Land Conversion and Preserve Acres by Habitat Type for the 50-year permit term This table was finalized on June 4, 2015 as part of the Economic Analysis update. This table provides the source data by detailed habitat type for the 50-year permit term totals.

Table 2.1 Preserve Acres, Total and Remaining to be Acquired

1. Total Preserve Acres by habitat type linked from Table 1.

2. Annually, update Total Preserve Acres Acquired through 12/31 from the SJMSCP Annual Report. Note that as of the 2020 update and going forward, grassland acquired to mitigate agricultural land impacts has a new line item in Table

2.1. This amount is deducted from total grassland acquired in cell E11. worksheets.

Table 2.2 Preserves_Habitat_Zone_2019 (new in 2020 update) - ONLY USED ON 5-YEAR UPDATE Monitoring Schedule.
preserve to a habitat type and zone. Note that the habitat type represents the type of habitat acquired regardless of the type of impacts mitigated, i.e, grassland preserves acquired to mitigate agricultural impacts are categorized as grassland preserves in this table.

Table 3 Allowed and Remaining Incidental Take Acreage
1 and Table 4.2-2.

2. Annually, update the Cumulative Acres of Take through 12/31 from the SJMSCP Annual Report.

3. Remaining Acres of Land Conversion calculated by worksheet formula; links to cost and fee calculation worksheets.

UPDATE
This table is used in Table C.1 Monitoring Cost All Acres to calculate monitoring costs for the remainder of the permit term for all preserve acres, assuming future acquisition at an average annual pace calculated by dividing the number of acres remaining to be acquired by the number of years remaining in the permit term.

1. Preserve acres remaining to be acquired by zone linked from Table 2.1 (updated based on SJMSCP Annual Report) and Table 2.2 (updated every 5 years).

Column C.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 141 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

3. At five-year update, double check the formula count of years remaining in permit term in cell C42. This is used as the denominator of the cell formulas for the monitoring schedule above.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 142 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 5 Fund Balance Allocation - ONLY USED IN 5-YEAR UPDATE This table is used in Table C.3 Permit Term Cost Adjustments to calculate the net Category C costs for the remainder of the permit term. Category B and Category C fund balance is allocated to permit term and post-permit needs.

1. Every 5 years, update the beginning fund balance from the 12/31 year-end statement.

2. Calculate Category B Fund Balance for Category B Enhancements (remaining enhancement cost for existing preserves) based on Table B.1 ExistingPreserveEnhanceCost (five-year update cost factors applied to existing preserves by type) and subtracting expenditures through the prior year-end on preserve enhancement.

3. Fund Balance for Post-Permit Costs on Existing Preserves is linked from Table C.4 Endowment. This fund balance adjustment is only required for the 2020 five-year update and will not be necessary in subsequent years once the separate post-permit endowment account is established.

4. The table subtracts the Fund Balance for Category B Enhancements and the Fund Balance for Post-Permit Costs on Existing Preserves from the year-end statement balance to generate Remaining Fund Balance for Permit Term Category C Costs on Existing Preserves. This result links to Table C.3 Permit Term Cost Adjustments.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - NOTES TO USER - 7/24/2023

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Packet Pg. 143 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category A Category B Category C
2024 Fees - Proposed Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, & Postpermit Endowment
Total Total Rounded
Other Open Space $5,502.00 $3,019.00 $396.66 $8,917.66 $8,918 Natural/Ag Lands $11,003.00 $6,038.00 $792.15 $17,833.15 $17,833 Vernal Pool Grasslands $52,545.00 $14,906.00 $1,956.53 $69,407.53 $69,408 Vernal Pool Wetted $52,748.00 $123,058.00 $1,918.14 $177,724.14 $177,724 Category A Category B Category C
2023 Fees - Adopted Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, & Postpermit Endowment
Total Total Rounded
Other Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 Natural/Ag Lands $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320 Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 Difference Per Acre ($) Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, & Postpermit Endowment
Total Total Rounded
Other Open Space ($856) $134 $11 ($711) ($711)
Natural/Ag Lands ($1,713) $269 $22 ($1,422) ($1,422)
Vernal Pool Grasslands ($6,382) $415 $55 ($5,912) ($5,912) Vernal Pool Wetted ($5,164) $5,956 $54 $846 $846
Percent Difference Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, & Postpermit Endowment
Total Total Rounded
Other Open Space -13.5% 4.6% 2.9% -7.4% -7.4%
Natural/Ag Lands -13.5% 4.7% 2.9% -7.4% -7.4%
Vernal Pool Grasslands -10.8% 2.9% 2.9% -7.8% -7.8%
Vernal Pool Wetted -8.9% 5.1% 2.9% 0.5% 0.5%
DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - Fee Summary Comparison - 7/24/2023

2.A.a
Packet Pg. 144 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Category A Per-Acre Acquisition Cost Factors by Zone (2023 dollars) Central Zone Primary Zone of
the Delta
Southwest
Zone 3
Fee title value1
a $20,543 $19,439 na
Easement percent of fee title value2 b 55% 55% na
Easement costs a × b $11,299 $10,691 $1,000

1. SJCOG, Inc. Fee Study Property List, Table A and Table B

2. SJCOG, Inc. Appraisals as of June 2023

3. Based on standard easement cost in Southwest Zone of $1,000/acre.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - A1 PerAcreCostFactorsbyZone - 7/24/2023

2.A.a
Packet Pg. 145 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Per Acre Acquisition Cost by Preserve/Habitat Type (2023 dollars) Preserve/Habitat Type
Central Zone Primary Zone of
the Delta
Southwest
Zone
A B C A + B + C = D D × 5% = E D + E
Easement cost by zone 1 d $11,299 $10,691 $1,000
Agricultural Lands
Percent in zone 2
e 98% 2% 0%
Weighted costs 3 d × e $11,095 $193 $0 $11,288 $564 $11,852 Natural Lands
Non-vernal pool natural lands
Percent in zone 2 f 77% 4% 18%
Weighted costs 3 d × f $8,729 $475 $183 $9,387 $469 $9,856 Vernal pool grasslands 4 n/a n/a n/a $16,434 $822 $17,256 Vernal pool wetted 4 n/a n/a n/a $16,434 $822 $17,256

1. See Table A.1.

2. Percent of total lands in each category assumed to be in a given zone. Based on 1996 Economic Analysis.

4. Assumes fee title acquisition for vernal pool lands. Vernal pool habitat fee title land costs assumed to be about 80% of average Central Zone fee title costs.

5. Transaction costs include biological baseline reporting, appraisal, escrow, and survey costs. Costs are estimated at 5 percent of acquisition cost.

SJMSCP Zone

3. Weighted average cost based on generalized proportion of total preserve land in each zone. Assumes easement acquisition for lands categorized as agriculture and all natural lands except vernal pool habitat.

Total
Weighted
Acquisition
Cost
Transaction
Costs 5
Total Land
Acquisition
Costs Per
Acre
DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - A2 PerAcreAcquisitionCost - 7/24/2023

2.A.a
Packet Pg. 146 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Total Acquisition Costs by Habitat Type, Remainder of Permit Term (2023 dollars) Preserves by Habitat Type
Land
Acquisition
Cost Per Acre
Preserve Acres
Remaining to be
Acquired
Total Costs of
Acquisition
Agricultural lands $11,852 38,488.30 $456,163,343
Natural lands
Non-vernal pool natural lands $9,856 24,321.84 $239,716,055 Total for Non-vernal pool Natural /Ag Land $11,079 62,810.14 $695,879,398 Vernal pool grasslands $17,256 15,720.66 $271,275,623
Vernal pool wetted $17,256 2,115.00 $36,496,440
Sources: SJCOG, Inc., SJMSCP 2022 Annual Report, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - A3 AcquisitionCostHabitatType - 7/24/2023

2.A.a
Packet Pg. 147 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Category A Acquisition
Fee Calculations (2023 dollars)
Habitat Type Preserve Land Acquisition
Costs associated with non-vernal pool natural/agricultural lands conversio $695,879,398 Natural (non vernal pool)/Agricultural land conversion (acres) , remaining 46,245.39 Multi-purpose open space conversion (acres), remaining
1 33,996.68
Multiplier for natural/agricultural land conversion 1
Multiplier for multi-ourpose open space conversion
1 0.5
Acquisition Component of Natural (non vernal pool)/Agricultural Lands F $11,003 Acquisition Component of Multi-Purpose Open Space Fee
1 $5,502
Costs associated with vernal pool grasslands $271,275,623 Vernal pool grassland conversion (acres), remaining 5,162.74 Acquisition Component of Vernal Pool Grasslands Fee $52,545 Costs associated with vernal pool wetted $36,496,440
Vernal pool wetted conversion (acres), remaining 691.90 Acquisition Component of Vernal Pool Wetted Fee $52,748

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and nonvernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements.

Sources: SJCOG, Inc., SJMSCP 2022 Annual Report, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - A4 AcquisitionFEE - 7/24/2023

2.A.a
Packet Pg. 148 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Habitat Type
Total Preserve
Acres (including
neighboring lands
preserves)
Percent of
Preserve
Acres
Enhanced1
Acres Benefiting
from
Enhancements
Hedgerow or
Other Linear
Habitat Feature (
acres)2
Enhancement
Cost per Acre3
Total
Enhancement Cost
Enhancement
Cost per Preserve
Acre
1 2 3 4 5 6 7
Agricultural Habitat Lands4 57,935 10% 5,794 776 $82,588 $64,088,248 $1,106 Natural Lands
Ditches 378 33% 126 $360,596 $45,435,154
Grasslands 14,559 33% 4,853 $22,798 $110,639,703
Oak woodlands 858 33% 286 $33,733 $9,647,730
Riparian 2,725 33% 908 $98,873 $89,809,482
Submerged aquatic in the Delt 10 100% 10 $68,629 $686,292 Subtotal 18,530 6,183 $41,437 $256,218,361
Other natural lands5 6,445 33% 2,148 $41,437 $89,020,342 Subtotal Non VP Natural 24,975 $345,238,703 $13,823
Vernal pool wetted 2,121 33% 707 $120,626 $85,282,420 $40,209 Vernal pool grasslands 15,811 33% 5,270 $14,540 $76,630,807 $4,847 Subtotal All Natural Lands 42,907 14,309 $507,151,930
Total 100,842 20,103 $571,240,178

1. Enhancement criteria derived from the SJMSCP, Section 5.4.6.

5. Estimated based on the weighted average cost for all other non-vernal pool natural lands.

Sources: Table A.1, SJCOG, Inc., ICF, and Hausrath Economics Group

3. The enhancement cost applies to the acres where construction and/or installation actually takes place. In the case of hedgerows or other linear features, this is only the relatively small area of activity, not the total area that is thereby enhanced. Enhancement cost includes costs for materials, construction labor, and equipment. In addition to the installation activity, the cost per enhanced acre also includes a cost for project oversight and contract adminstration and three years of maintenance and monitoring. For vernal pool wetted restoration, the cost includes 5 monitoring years during a 10 year post-restoration monitoring period.

4. For agricultural habitat lands, a SJMSCP describes a broad range of enhancement activities and a generalized target of 10 percent enhancement; providing benefits to species without substantially reducing the amount of agricultural land in production. This can be achieved by implementing the linear features described in footnote 2. Pollinator hedgerows or similar linear features enhance the entire field that they are associated with, thereby counting toward the 10 percent enhancement criteria while taking substantially less land out of production.

2. Unlike most other habitat types, agricultural lands are enhanced by treating linear features that run along the edge of or through fields--features such as roads or drainage ditches. In these cases, the land area of direct enhancement activity is substantially less than that area benefiting from the enhancement. This has the advantage of minimizing impacts to agricultural land production. Installing pollinator hedgerows at the edges of fields and grassland borders along irrigation and drainage ditches, and planting nest trees and associated shrubs and grasses, are enhancements used in the cost analysis to represent the range of types of agricultural land enhancements outlined in the SJMSCP.

In addition to benefits to species, these linear features offer benefits of preventing soil erosion and reducing costs for weed control and linear water conveyance infrastructure maintenance. They also enhance the entire field they are associated with, meeting the 10 percent enhancement criterion while also minimizing loss of productive agricultural land. The enhancement cost estimate for agricultural lands is therefore based on the acres of hedgerow or other linear feature multiplied by the cost per acre to install hedgerows and similar linear features.

SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost per preserve acre (2023 dollars) DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - B1 PreserveEnhancementCost - 7/24/2023

2.A.a
Packet Pg. 149 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Cost Factors (2023 dollars) Remainder of Permit Term
Remaining years in permit term 28 used in formulae below to calculate costs for the remainder of the permit Biological Site Assessment
Number of site visits per year 8 assumes 6 hours per visit Annual cost $7,755
Total Site Assessment cost remainder of permit term $217,143 Preserve Management Plan Preparation
Number of management plans per year 12 assumes 40 hours per plan Annual cost $77,548
Total Preserve Management Plan cost remainder of permit t $2,171,340 Preserve Enhancement Plan Preparation
Average cost per enhancement plan $4,524 assumes 28 hours per plan for each enhancement project Average acres per project 240
Average cost per preserve acre $19
Preserve Enhancements on Agricultural Lands
Enhancement cost per preserve acre $1,106 from Table B1 Preserve Enhancements on Non-Vernal Pool Natural Lands
Enhancement cost per preserve acre $13,823 from Table B1 Vernal Pool Creation/Enhancement
Enhancement cost per preserve acre $40,209 from Table B1 Vernal Pool Upland Grassland Enhancement
Enhancement cost per preserve acre $4,847 from Table B1 Sources: SJCOG, Inc., SJMSCP 2022 Annual Report, ICF, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - B2 AssessmentEnhancementCost - 7/24/2023

2.A.a
Packet Pg. 150 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement (2023 dollars) Cost Allocation by Habitat Type
Remainder of Permit Term

multiplied by preserve
acres remaining to be
acquired
Preserves by Habitat Type
Acres Remaining
to be Acquired1
Percent
of Total
Biological Site
Assessment
Preserve
Management Plans
Preserve Enhancement
Plans
Preserve
Enhancements
Vernal Pool
Restoration
Agricultural lands 38,488.30 48% $103,632 $1,036,275 $731,278 $42,576,125 na Non-vernal pool natural lands 24,321.84 30% 65,488 654,851 462,115 $336,209,830 na Vernal pool grasslands 15,720.66 19% 42,329 423,269 298,692 $76,192,934 na Vernal pool wetted 2,115.00 3% 5,695 56,945 40,185 na $85,041,169 80,645.80 100% $217,143 $2,171,340 $1,532,270 $454,978,889 $85,041,169

1. Includes 600 acres of neighboring lands preserves.

2. SJCOG, Inc. spending through 12/31/19 on site visits and preserve management plans totals at least $400,000; assume all of these types of costs for existing preserves are included in spe Sources: SJCOG, Inc., SJMSCP 2022 Annual Report, ICF, and Hausrath Economics Group.

Costs - Remainder of Permit Term
Cost per acre multiplied by
preserve acres remaining to be
acquired
Total cost allocated by preserve type
percent of total preserve acres remaining
to be acquired2
DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - B3 AssessEnhancementCostAlloc - 7/24/2023

2.A.a
Packet Pg. 151 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Fee Calculations (2023 dollars)
Remainder of Permit Term
Habitat Type
Biological
Site
Assessment
Preserve
Managemen
t Plans
Preserve
Enhancemen
t Plans
Agricultural and
Non VP Natural
Land
Enhancement
Total for
Agricultural and
Non VP Natural
Land (incl. assessment
and plans)
Vernal Pool
Restoration /
Enhancement
Total for
Vernal Pool
(incl. assessment
and plans)
Costs associated with non-vernal pool natural/agricultural lands conver $169,120 $1,691,126 $1,193,393 $378,785,955 $381,839,594 Natural (non vernal pool)/Agricultural land conversion (acres), remainin 46,245.39 46,245.39 46,245.39 46,245.39 46,245.39 Multi-purpose open space conversion (acres), remaining1 33,996.68 33,996.68 33,996.68 33,996.68 33,996.68 Multiplier for natural/agricultural land conversion 1 1 1 1 1 Multiplier for multi-purpose open space conversion1 0.5 0.5 0.5 0.5 0.5 Assessment & Enhancement Component of Natural (non-vernal pool)/Agricultural Lands Fee $3 $27 $19 $5,989 $6,038
Assessment & Enhancement Component of Multi-Purpose Open Space $2 $14 $10 $2,995 $3,019 Costs associated with vernal pool grasslands $42,329 $423,269 $298,692 $76,192,934 $76,957,224 Vernal pool grassland conversion (acres), remaining 5,162.74 5,162.74 5,162.74 5,162.74 5,162.7 Assessment & Enhancement Component of Vernal Pool Grasslands Fee $8 $82 $58 $14,758 $14,906 Costs associated with vernal pool wetted $5,695 $56,945 $40,185 $85,041,169 $85,143,994 Vernal pool wetted conversion (acres), remaining 691.90 691.90 691.90 691.90 691.9 Assessment & Enhancement Component of Vernal Pool Wetted Fee $8 $82 $58 $122,910 $123,058 Sources: SJCOG, Inc., SJMSCP 2022 Annual Report, ICF, and Hausrath Economics Group.

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - B4 AssessmentEnhancementFEE - 7/24/2023

2.A.a
Packet Pg. 152 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE C.5 for Annual Update
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2023 (for 2024 SJMSCP Development Fee Cycle) Category C Monitoring and Program Management/Administration, including endowment for post-permit costs Fee Calculations (2023 dollars)
Habitat Type
Remainder of
Permit Term Post permit Total
Post Permit
% of Total
Fee
Costs associated with non-vernal pool natural/agricultural lands conversion $38,737,435 $6,809,704 $45,547,139 Non-vernal pool Natural/Agricultural land conversion (acres), remaining 49,654.31 49,654.31 49,654.31 Multi-purpose open space conversion (acres), remaining1 34,494.82 34,494.82 34,494.82 Multiplier for natural/agricultural land conversion 1 1 1 Multiplier for multi-purpose open space conversion1 0.5 0.5 0.5 Monitoring & Administration Component of Natural (non-vernal pool)/Agricultural Lands Fee $579 $102 $681 15%
Monitoring & Administration Component of Multi-Purpose Open Space Fe $290 $51 $341 15% Costs associated with vernal pool grasslands $7,387,258 $1,298,616 $8,685,874 Vernal pool grassland conversion (acres), remaining 5,163.08 5,163.08 5,163.08 Monitoring & Administration Component of Vernal Pool Grasslands Fee $1,431 $252 $1,682 15% Costs associated with vernal pool wetted $990,979 $174,206 $1,165,185 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 Monitoring & Administration Component of Vernal Pool Wetted Fee $1,402 $246 $1,649 15% Note: Net of existing fund balance allocated to Category C permit-term and post-permit costs.

Sources: SJCOG, Inc., SJMSCP 2022 Annual Report, ICF, Urban Economics, and Hausrath Economics Group.

1. The fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space, thereby assisting with the financing of management and monitoring on agricultural and natural lands preserves.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - C MonitorAdminFEE - 7/24/2023

2.A.a
Packet Pg. 153 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 1
2020 Five-Year Economic Analysis and Fee Update
Land Conversion and Preserve Acres by Habitat Type for the 50-year Permit Term Habitat Type Land Conversion1
Number of Preserve
Acres to Land
Conversion Acres
Total Preserve
Acres for
Compensation
Neighboring Land
Protection
Preserves
Total All
Preserve
Acres
Percent
Total Acres
Agricultural lands2 57,635 1.00 57,635 300 57,935 57%
Natural Lands
Ditches3 126 3.00 378 378 0.37%
Grasslands4 4,853 3.00 14,559 14,559 14.44%
Oak woodlands
5 286 3.00 858 858 0.85%
Riparian6 900 3.00 2,700 25 2,725 2.70%
Submerged aquatic in the Delta Zone 3 3.00 10 10 0.01%
Vernal pool grasslands7
VP - wetted surface area 707 3.00 2,121 2,121 2.10%
VP - upland grassland 5,187 3.00 15,561 15,561 15.43%
VP - Neighboring Land Protection preserves8
na 250 250 0.25%
Other natural lands9 2,140 3.00 6,420 25 6,445 6.39%
Subtotal Natural Lands 14,202 42,607 300 42,907 42.55%
Total 71,837 100,242 600 100,842 100.00%

3. Drainage ditches (unlined) generally found in agricultural fields (D types).

4. Valley grasslands (G types) and Foothill grasslands (G2 types).

7. Vernal pool grasslands (G3 type) .

NOTE: In the following footnotes, "type" refers to the mapped habitat unit identified in the SJMSCP Biological Analysis (Chapter 2). The following footnotes provide summaries only and the reader should refer to the Biological Analysis for a detailed description of each habitat type.

5. Blue Oak woodlands, savanna and forests (BL types), Blue Oak Conifer woodlands, savanna and forests (BCN types), Valley Oak Woodland, savanna and forests (V types), and Mixed Oak Woodlands, savanna and forests (O types).

6. This category includes those portions of rivers and major streams located outside the Primary Zone of the Delta (Mokelumne, Calaveras, Stanislaus, and San Joaquin Rivers). These were originally included in a separate "Riparian Zone" during the SJMSCP planning process (i.e., "Riparian" refers to a zone rather than to the "Riparian" habitat type. The Riparian Zone was "absorbed" or combined into its surrounding zone (i.e., Central/Central-Southwest) in the final SJMSCP. It generally included River and Deep water channel (W), Tributary Streams (W2), Creeks-intermittent and perennial (W3, W3-i, W3-p), Dead-end sloughs (W-4) and their associated riparian habitats (Great Valley Riparian - R, R2, R3, R5, R4, S, S2). This category includes 25 acres of Neighboring Lands Protection Preserves for Valley elderberry longhorn beetle habitat.

9. This category includes all natural land types except for Vernal Pools. Cost estimates in this category are an average of the costs of acquiring, restoring, enhancing the Natural Land categories specified in the preceding categories excluding Vernal Pools. This category also includes natural lands not included in other categories: All Water Features (W types), Channel islands (I types), tule island and mudflat (I2) marsh, and Diablan sage scrub (S3 types) and all other types of Natural Lands.

8. The vernal pool preserves for Neighboring Land Protection consist of existing vernal pools (no creation requirement). Enhancements will benefit the tiger salamander.

2. Neighboring Land Protection Preserves consist of ditched agricultural lands providing habitat for giant garter snake and pond turtle and other lands as needed for compensation to other covered species associated with agricultural land preserves.

1. Land conversion includes results of Tier 1 and Tier 2 analyses. Agricultural land conversion includes 9,720 acres from Tier 2 Analysis and Natural Lands conversion includes 5,000 acres from Tier 2 Analysis of vernal pool conversion to orchards and vineyards and 744 acres of other natural lands conversion.

DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - 1 SJMSCP Acres 6_4_2015 - 7/24/2023

2.A.a
Packet Pg. 154 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 2.1
2020 Five-Year Economic Analysis and Fee Update
Preserve Acres, Total and Remaining to be Acquired1
Preserve/Habitat Type
Total Preserve
Acres - 50-year
Permit
Total Preserve
Acres Acquired
through
12/31/2022 2
Total Preserve
Acres Remaining
to Be Acquired
(links to A.3, B.3.
and C.4)
Agricultural lands 57,935 11,403.699
Grasslands mitigating agricultural land impacts 8,043
Natural lands
Ditches 378 - 378.00
Grasslands 14,559 578.510 13,980.49
Oak woodlands 858 - 858.00
Riparian 2,725 44.050 2,680.95
Submerged aquatic in the Delta 10 - 10.00
Other natural lands 6,445 30.600 6,414.40
Subtotal non-vp natural lands 24,975 653.160 24,321.84
Total Non VP Natural/Ag Lands 82,910 20,099.859 62,810.14 Vernal pool wetted 2,121 6.000 2,115.00
Vernal pool grasslands 15,811 90.345 15,720.66
Total 100,842 20,196.204 80,645.80
Notes:

1. Includes six acres of vernal pool jumpstart.

Sources: Table 1 in this workbook, Table 6 from Annual Reports through 2022, and SJCOG Inc. staff.

2.The Mizuno Preserve (row and field crop agricultural land preserve) is recorded at 181.449 acres (3 decimals).

All other preserve acres recorded at 2 decimals or less. 38,488.30
DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - 2.1 RemainingPreservetoAcquire - 7/24/2023

2.A.a
Packet Pg. 155 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 2.2
2020 Five-Year Economic Analysis and Fee Update
A. Preserves Acquired by Habitat Type and Zone as of 12/31/2022 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural lands 6,327.299 4,347.850 10,675.149
Natural lands
Ditches
Grasslands 243.250 7,121.280 7,364.530
Oak woodlands
Riparian 44.050
Submerged aquatic in the Delta
Other natural lands 30.600
Subtotal non-vp natural lands 317.900 - 7,121.280 - 7,439.180 Total Non VP Natural/Ag Lands 6,645.199 4,347.850 7,121.280 - 18,114.329 Vernal pool wetted 6.000 6.000
Vernal pool grasslands (upland) 71.760 18.585 90.345
Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674
Source: SJMSCP 2022 Annual Report , Table 6 and Table 12 B. Preserves Acquired by Summary Habitat Type and Zone as of 12/31/2022 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural Land 6,327.299 4,347.850 - - 10,675.149
Natural Land 389.66 - 7,121.280 24.585 7,535.525
Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674
Source: SJMSCP 2022 Annual Report , Table 6 and Table 12 C. Estimate of Future Southwest Zone Preserves, July 2020 2,500 Source: SJCOG, Inc. staff.

SJMSCP Index Zone
SJMSCP Index Zone
DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - 2.2 Preserves_Habitat_Zone_2019 - 7/24/2023

2.A.a
Packet Pg. 156 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 3
2020 Five-Year Economic Analysis and Fee Update
Allowed and Remaining Incidental Take Acreage
Preserve/Habitat Type
Take Authorizations - 50-year
Permit (including multipurpose open space)1
Cumulative Acres
of Take through
12/31/2022
Remaining Acres of
Land Conversion (links
to A.4, B.4. and C.5)
Agriculture 57,635 18,966.97 38,668.03
Multi-purpose (other open space) 37,465 3,468.32 33,996.68 Natural lands
Vernal pool wetted 707 15.10 691.90
Vernal pool upland grassland 5,187 24.26 5,162.74
All other natural lands 8,308 730.97 7,577.36
Total 109,302 23,205.62 86,096.71
Notes:

1. Land conversion includes results of both Tier 1 and Tier 2 analysis. See Table 1 note 1.

Sources: Table 1 in this workbook, SJMSCP Table 1-1 and Table 4.2-2; SJCOG, Inc., 2022 Annual Report Table 4 DRAFT SJMSCP Cost and Fee 2024 Analysis Update_July 2023_Annual w CPI - 3 Cumulative Take_Remaining - 7/24/2023

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Packet Pg. 157 Attachment: SJCOG Staff Report (23-45 : SJMSCP Fee Update - 2024) SJCOG, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0574 ● Email: [email protected] San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)
2024 Updated Habitat Fees*
Habitat Type Fee Per Acre
Multi-Purpose Open Space $8,918
Natural $17,833
Agriculture $17,833
Vernal Pool - uplands $69,408
Vernal Pool - wetted $177,724
* Effective January 1, 2024 – December 31, 2024
\
2024 Endowment Fees with In-lieu Land**
Type of Preserve Enhancement
Cost/acre
Land
Management
Cost/acre

TOTAL PER
ACRE

ENDOWMENT
Agricultural Habitat Lands $6,038.00 $792.15 $6,830.15
Natural Lands $6,038.00 $792.15 $6,830.15
Vernal Pool Habitat
Vernal Pool Grasslands $14,906.00 $1,956.53 $16,862.53
Vernal Pool Wetted $123,058.00 $1,918.14 $124,976.14
** Effective January 1, 2024 – December 31, 2024 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres.

VELB Mitigation
A special fee category shall apply when removal of the Valley Elderberry Long-horned Beatle (VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first.

David Bellinger
CHAIR
Diane Lazard

VICE CHAIR
Diane Nguyen

EXECUTIVE DIRECTOR
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,
RIPON,

STOCKTON,
TRACY,
AND

THE COUNTY OF

SAN JOAQUIN
Exhibit A 2.A.b
Packet Pg. 158 Attachment: Exhibit A (23-45 : SJMSCP Fee Update - 2024)

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon City Council will hold a public hearing at a meeting on Tuesday, October 10, 2023 at 6:00 P.M. in The City of Ripon Council Chambers, 259 N. Wilma Ave., Ripon, on the following matter:

SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE AMENDMENT 2024 -The City Council will consider the Development Fee Amendment for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new development pursuant to the SJMSCP within the City of Ripon.

PURSUANT TO SECTION 65009 OF THE GOVERNMENT CODE OF THE STATE OF

CALIFORNIA, NOTICE IS HEREBY FURTHER GIVEN THAT IF SUCH PROPOSED FEE

AMENDMENT IS CHALLENGED IN COURT, SUCH CHALLENGE MAY BE LIMITED TO ONLY

THOSE ISSUES RAISED AT THE PUBLIC HEARING OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK AT OR PRIOR TO THE PUBLIC HEARING.

ALL INTERESTED PARTIES will be given an opportunity to appear and be heard by the City Council of The City of Ripon at said time and place pertaining to the above described matter.

CITY OF RIPON
Ken Zuidervaart, Planning Director
Published: September 22, 2023

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Packet Pg. 159 Attachment: Notice of Public Hearing (23-45 : SJMSCP Fee Update - 2024)

Ripon City CouncilOctober 10, 2023

Ripon City Council
October 10, 2023