Ripon City Council Minutes
TUESDAY, JANUARY 09, 2024 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 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 Michael Restuccia, Dean Uecker, Gary Barton, Vice Mayor Daniel de Graaf, Mayor Leo Zuber.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 245-180-23.
(2) 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 and approve two invoices for legal support services and no further action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Mayor Leo Zuber leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Glenn Gerdes gave the invocation.
ROLL CALL:
Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
City Council Page 2 January 9, 2024
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, Kelly Donohue, Adam Corkins.
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 December 10, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1. CITY COUNCIL - REGULAR MEETING - DEC 12, 2023 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Motion to approve the agenda as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 3 January 9, 2024
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as posted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(December 2022 $262,128.68)
FY 2023-24 YTD: $2,337,151
FY 2022-23 YTD: $2,409,620
Highway Users Tax
(November 2022 $34,713.07)
FY 2023-24 YTD: $199,160
FY 2022-23 YTD: $182,686
SB1 Street & Road Tax
(December 2022 $27,741.37)
FY 2023-24 YTD: $195,175
FY 2022-23 YTD: $173,923
$262,770.54
$39,268.71
$28,810.92
TOTAL $330,850.17
B. WASTE MANAGEMENT
Monthly Franchise Fee Payment – November 2023 $5,511.80 C. VERTICAL BRIDGE
Annual Acacia Avenue Cell Tower Lease Payment $12,348.39
1.2. Bills, Invoices, Payments
A. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #32219 $6,941.00
B. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
SSJID Groundwater Sustainability Agency
Private Development
$5,531.25
$384.89
$663.75
$4,068.75
TOTAL $10,648.64
City Council Page 4 January 9, 2024
C. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2023-2024 3rd Quarter Deposits
Liability Program
Workers’ Compensation Program
$109,177.00
$159,138.00
TOTAL $268,315.00
D. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #10 $617,331.85
E. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #60435 $17,627.85
F. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TK46118
Invoice #TK53657
$5,345.00
$715.00
TOTAL $6,060.00
G. FEHR AND PEERS
East Main Street Traffic Signal Project
Traffic Engineering Services
Progress Payment – Invoice #170577 $1,188.20
H. BASECAMP ENVIRONMENTAL, INC.
South County Water Project
Progress Payment – Invoice #52334
Lower Stanislaus River Multi-Use Trail
Project Environmental Assessment
Progress Payment – Invoice #52342
$506.25
$5,500.00
TOTAL $6,006.25
I. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
September Invoice #AR113808
October Invoice #AR113878
November Invoice #AR113879
$2,142.05
$2,444.63
$2,126.67
TOTAL $6,713.35
J. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #29/622-03-20 $8,200.00
City Council Page 5 January 9, 2024
K. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #105806 $2,175.00
L. CHRISP COMPANY
Roadway Striping Maintenance Project
Final Payment – Invoice #27236 $87,358.00
M. TRIPLE M ENTERPRISE, INC.
Percolation Pond Project
Final Invoice #2023-24 $2,040.00
N. PAVLETIC CONSULTING LLC
Water, Sewer and Garbage Enterprise Funds Annual Review Progress Payment – Invoice #202002-01 $2,160.00
1.3. Resolutions
A. RESOLUTION NO. 24-1
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING THE CITY ENGINEER
TO PREPARE ON BEHALF OF THE
CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR
2024-2025 PERTAINING TO THE
ANNUAL ASSESSMENTS FOR THE
CITY OF RIPON'S TEN
LANDSCAPE MAINTENANCE
DISTRICTS LOCATED IN THE
COUNTY OF SAN JOAQUIN,
CALIFORNIA
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon’s ten Landscape Maintenance
Districts.
B. RESOLUTION NO. 24-2
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING THE CITY ENGINEER
TO PREPARE ON BEHALF OF THE
CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR
2024-2025 PERTAINING TO THE
ANNUAL ASSESSMENTS FOR
ASSESSMENT DISTRICT NO. 05-1,
CITY OF RIPON, COUNTY OF SAN
JOAQUIN CALIFORNIA,
COMMONLY KNOWN AS CITY OF
RIPON LIGHTING DISTRICT
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon Lighting District.
City Council Page 6 January 9, 2024
C. RESOLUTION NO. 24-3
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING CITY COUNCIL
MEMBER APPOINTMENTS TO
VARIOUS BOARDS,
COMMISSIONS, TASK FORCES,
AND COMMITTEES
This resolution approves the City Council
Member appointments to local and
regional Boards, Commissions, Task
Forces, and City Council Committees for
2024.
D. RESOLUTION NO. 24-4
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING THE CITY'S PART
TIME EMPLOYEE PAID SICK
LEAVE POLICY
This resolution amends the City of
Ripon’s Part Time Employee Paid Sick
Leave Policy to comply with State laws
effective January 1, 2024.
1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT
Basecamp Environmental, Inc Approve and authorize the Mayor to sign the Professional Services
Agreement with Basecamp
Environmental, Inc. to provide
environmental services required for the
Arc Way Development Project in the
not to exceed amount of $30,390
(funding source: Arc Way Development
Project's reimbursement account).
B. PROFESSIONAL SERVICES AGREEMENT
HCS Engineering, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with HCS Engineering, Inc.
to provide electrical engineering
services required for the Electrical
Vehicle Charging Station Project in the
not to exceed amount of $3,600
(funding source: General Department
Capital Fund).
City Council Page 7 January 9, 2024
C. POET LAUREATE GRANT AGREEMENT
Library & Literacy Foundation for San
Joaquin County
Approve and authorize the Mayor to
sign the Grant Agreement and direct
staff to draft a Memorandum of
Understanding with the Ripon Arts
League to administer the grant program.
**END OF CONSENT CALENDAR**
2. RESOLUTIONS
A. RESOLUTION NO. 24-5
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE ELECTRONIC
MESSAGE CENTER USAGE POLICY
This resolution adopts the Electronic
Message Center Usage Policy.
Planning Director Zuidervaart said this is the updated version of the Electronic Message Policy with Council's suggestions from the December 12, 2023 City Council meeting.
Council Member Restuccia asked Zuidervaart to explain the pertinence of Ripon Municipal Code 16.17. Zuidervaart said this is the City of Ripon’s sign ordinance that addresses the parameters for electronic message centers, and staff will ensure that this sign follows the ordinance.
Restuccia there is a section that states the City Clerk will determine what messages are displayed, but who makes sure the messages are clean and compliant. Zuidervaart said he provided the Council with an updated redline version of the policy to address that concern.
He said the City Clerk would be reviewing and approving all messages.
Restuccia said the Policy states the State and Federal agencies can use the Electronic Message Center, he said he does not want to allow them to come in and post whatever they want. Zuidervaart said the message would need to be approved by the City Clerk.
Restuccia said the policy states that the Electronic Message Center will not be used to directly or indirectly solicit, advertise, promote or endorse any commercial, financial or religious agency or organization but further down it states that religious agencies registered on the City of Ripon’s Master List of nonprofit agencies may advertise annual community wide events. Zuidervaart said they are allowed to advertise annual community events but may not advertise the religious institution itself. Vice Mayor de Graaf suggested the word “advertise” in the third bullet at the bottom of the first page be changed to “remote” Barton asked how many messages could run at one time. Zuidervaart he is not sure yet, but messages cannot scroll and must stay for 10 seconds. He said staff will be receiving training towards the end of January and will know more then.
City Council Page 8 January 9, 2024
Motion to approve Resolution 24-5 Electronic Message Center Usage Policy with the addition of language specifying that all messages shall be reviewed and approved for content and compliance with the policy by the City Clerk and the word “advertise” on page 1, third bullet at the bottom be changed to “promote”.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
3. DISCUSSION ITEMS
A. STANISLAUS RIVER BIKE/PEDESTRIAN BRIDGE UPDATE
Discussion/No Action Staff will provide an update regarding the Stanislaus River Bike/Pedestrian Bridge
damage and repair process.
Public Works Director Pease said he wanted to update the Council on the status of the bridge. He said a tree hit the bridge in October and the tree was removed. A structural engineer made an evaluation and determined that the bridge, in its current state, must remain closed for the safety of the public and due to the risk of failure. The structural engineer evaluated a few field fixes but ultimately none of them would be sufficient, the only permanent solution is to replace the damaged segment. Pease said staff is working with the Army Corp. of Engineers to get the necessary permits that pertain to repair the bridge. He said the current estimate to repair the bridge, not including the permit process, is $400,000 - $500,000.
Council Member Barton asked if there are other entities involved with the funding of the repair. Pease said according to the lease, the financial burden is the City’s. He said Stanislaus County reached out and is willing to assist in the process of reopening; the extent of their help is unknown. Staff is waiting for more information from the Army Corp.
Council Member Restuccia asked if the Army Corp would be assisting financially. Pease said no, our lease states that we are liable for any damage done to our structures on their property.
Restuccia asked if our insurance would cover any of this. City Administrator Werner said the City has filed a claim.
Pease said there is no estimated time of reopening; the permitting process with the Army Corp. is a lengthy process. He said staff is exploring an option to open the bridge sooner in its current condition by providing a temporary shoring underneath the damaged segment of the bridge but this comes with challenges including a permit with the Army Corp. Pease said this would allow for people travel across the bridge while the City undergoes the lengthy permitting process to fully repair the bridge. It would depend on the cost and amount of time involved.
City Council Page 9 January 9, 2024
Restuccia asked if the bridge could fall down. Pease said the damaged segment is 65 feet long and the bridge could potentially fall. He advised that people stay away from the bridge.
Pease said there are several trees on each side of the river and each side of the bridge that could potentially fall, so staff is working with the Army Corp. during this process to remove them and hopefully prevent this from happening again.
REPORTS
Department Heads:
Chief Sauer said the Christmas present delivery program was successful; they went to 16 different locations and gave presents to 29 children.
Sauer said there is an Area of Responsibility (AOR) meeting at 7:00 PM in the Emergency Operations Center February 14, 2024.
Public Works Director Pease said the Water Conservation Coordinator made 217 contacts in November and December and issued 12 penalties.
Pease said December water usage numbers were 16% lower than 2013 numbers and 1.5% lower than 2022 numbers.
City Administrator Werner presented a summary budget update of the General Fund and operations of the General Fund. He said the amounts shown are before any transfers in order to show the health of the General Fund. He said the amounts of the transfers being seen in sales tax are going to start growing. Werner said we are starting to see the benefits of the economic development agreements that are in place. He said with those and the amount of the loans provided, there will be larger transfers of sales tax revenue.
Werner said actual FY23-24 numbers are about $317,000 behind last year. Werner said revenue is up $330,000 with about half of that being the additional sales tax. He said the City’s expenses are up about $650,000 from FY22-23. Compared to the FY23-24 budget, we are roughly $170,000 above budget.
Werner presented the sales tax summary saying that the City receives sales tax once a month with true-up payments in October, November, February and March. He said in August there was a significant decline for FY23-24 compared to FY22-23, but other than that month, it has been similar to FY22-23. He said FY22-23 saw almost $4.5 million in sales tax and FY23-24 is on track to be close to the budgeted amount of $3.95 million.
Werner said the sale of fuel sales tax makes up about 45% of the City’s revenue. He said the State of California has mandated that by 2035, all new vehicles sold must be zero emission vehicles and since 2016, the volume of gas sold has dropped by an average of 1.6% per year. He said for this reason, staff has worked toward economic development to bring in sales tax revenue for the City.
City Council Page 10 January 9, 2024
Werner said staff has seen some stability in the Consumer Price Index since June and hopes this will continue, which will help on the expense side of the budget.
Mayor Zuber asked Werner if there will be a surplus or deficit at the end of the FY23-24. Werner said it should be close to his projections with enough money for the budgeted transfers.
Zuber said the economic development agreements involve transfers and asked if they reduce our income from sales tax. Werner said yes, because the agreements allowed the businesses to pay their capital fees once their business opened as opposed to at the time of permitting. He said at the end of the fiscal year all the sales tax generated from the businesses is transferred to the appropriate fund until the capital fees are paid off. Werner said he is estimating about three years until they are fully repaid.
City Council:
Council Member Restuccia wished everyone a Happy New Year.
Vice Mayor de Graaf thanked everyone for attending.
There being no further business, the meeting was adjourned at 6:30 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, DECEMBER 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 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, Police Chief Daniel Sauer.
IN THE MATTER OF:
(1) Conference with Labor Negotiators
Labor negotiations pursuant to Section 54957.6 of the California Government Code. (a) Police Officers Association
(b) Ripon Sergeants Association
(c) Public Works Employees
(d) Unrepresented Employees
(2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 257-300-20
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss upcoming labor negotiations, property negotiations, and the reclassification of the IT Tech position within the Police Department, staff was given direction and no reportable action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:00 PM with Council Member Daniel de Graaf leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Rex Rodgers gave the invocation.
1 Packet Pg. 11
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 2 December 12, 2023
ROLL CALL:
Attendee Name Title Status Arrived
Michael Restuccia Mayor Present
Leo Zuber Vice Mayor Present
Daniel de Graaf Council Member Present
Gary Barton Council Member Present
Dean Uecker Council Member 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 Alex Arias, Rex Rodgers, Michael Musca, Steven Verver.
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 November 14, 2023
RESULT: ADOPTED [4 TO 0]
MOVER: Leo Zuber, Vice Mayor
SECONDER: Daniel de Graaf, Council Member
AYES: Restuccia, Zuber, de Graaf, Uecker
ABSTAIN: Barton
1. CITY COUNCIL - REGULAR MEETING - NOV 14, 2023 6:00 PM
COUNCIL REORGANIZATION
Per Ordinance No. 800, RMC Section 2.04.020 Mayoral Selection, Council Members shall be seated as follows:
Seat 1 Mayor Leo Zuber
Seat 2 Vice Mayor Daniel de Graaf
Seat 3 Council Member Gary Barton
Seat 4 Council Member Dean Uecker
Seat 5 Council Member Michael Restuccia
(Per RMC 2.04.020, the designated Mayor and Vice Mayor must be queried to accept or decline the positions.)
City Clerk Roos led the Council Reorganization. She said she has queried both Leo Zuber and Daniel de Graaf whether they want to serve in the respective seats of Mayor and Vice Mayor and both have confirmed.
1 Packet Pg. 12
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 3 December 12, 2023
Council Members were seated in their new, respective seats and the meeting was handed over to Mayor Leo Zuber.
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Barton requested Items 1.2E and 1.2F be pulled from the Consent Calendar for discussion.
Mayor Zuber requested Items 1.1A and 1.4D be pulled from the Consent Calendar for discussion.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.1. Income
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
November 2023 $1,271.90
C. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – September 2023 $22,986.95 1 Packet Pg. 13
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 4 December 12, 2023
1.2. Bills, Invoices, Payments
A. ASSOCIATED PENSION CONSULTANTS
Annual Administration Services for
Non-Public Safety Retirement Plan $8,270.00
B. GRANICUS LEGISLATIVE MANAGEMENT
Annual Legislative Management System Renewal
Invoice #175092
Digital Boardroom
Agenda & Minutes
$8,243.28
$8,795.53
TOTAL $17,038.81
C. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
J-M Manufacturing
SSJID Groundwater Sustainability Agency
Private Development
$10,251.25
$442.50
$1,770.00
$3,293.75
TOTAL $15,757.50
D. RIPON CHAMBER OF COMMERCE
2024 Membership Investment
Invoice # 5891 $185.00
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. ITEM F WAS MOVED TO ITEMS PULLED FROM CONSENT
G. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #9 $951,439.72
H. BASECAMP ENVIRONMENTAL, INC.
South County Water Project
Progress Payment – Invoice #52308 $978.75
I. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #105094 $612.51
J. FEHR AND PEERS
East Main Street Traffic Signal Project
Traffic Engineering Services
Progress Payment – Invoice #170181 $3,055.50
1 Packet Pg. 14
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 5 December 12, 2023
K. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TK32410
Invoice #TK37018
$4,389.75
$9,111.25
TOTAL $13,501.00
L. TRIPLE M ENTERPRISE, INC.
Percolation Pond Project
Invoice #2023-23 $42,862.50
M. LDA
Fleet Maintenance Facility Construction Services
Progress Payment – Invoice #28/622-03-20 $5,250.00
N. TESCO CONTROLS, INC.
Well 19 – Motor Control Center Equipment
Invoice #0081354
$5,000.00
1.3. Resolutions
A. RESOLUTION NO. 23-53
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
FINANCIAL STATEMENTS AND
INDEPENDENT AUDITOR'S
REPORT FOR THE YEAR ENDED
JUNE 30, 2023
This resolution accepts the City of Ripon
Financial Statements and Independent
Auditor’s Report for the year ended June
30, 2023, prepared by Price Paige &
Company Accountancy Corporation.
B. RESOLUTION NO. 23-54
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
MONEY PURCHASE THRIFT
PENSION PLAN FINANCIAL
STATEMENTS AND
INDEPENDENT AUDITOR'S
REPORT JUNE 30, 2023 AND 2022
This resolution accepts the City of Ripon
Money Purchase Thrift Plan Financial
Statements and Independent Auditor’s
Report June 30, 2023 and 2022, prepared
by Price Paige & Company Accountancy
Corporation.
1 Packet Pg. 15
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 6 December 12, 2023
1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT
Stone Creek Environmental Consulting Approve and authorize the Mayor to sign the Professional Services
Agreement with Stone Creek
Environmental Consulting to develop a
Trash Implementation Plan in
accordance with Track 2 requirements
of the State Water Resource Control
Board’s 13383 Order in the not to
exceed amount of $19,500.
B. REIMBURSEMENT AGREEMENT
Sukhdev Singh Approve and authorize the Mayor to
sign the Arc Way Development
Reimbursement Agreement that
provides reimbursement for staff time
and consultant costs to respond to an
application for a major site plan permit
for a proposed retail building,
convenience market and gas station
located at 769 Frontage Road
(north/west corner of Arc Way and
Frontage Road).
C. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.
Change Order No. 7
Approve Change Order No. 7 for
additional grading and paving, restroom
wall tile changes, fixture credit, and
doorframe and hardware changes in the
not to exceed amount of $26,385
(funding sources: Corp Yard AB1600
Fund, Enterprise Capital Funds, and
General Capital Fund).
D. ITEM D WAS MOVED TO ITEMS PULLED FROM CONSENT
1 Packet Pg. 16
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 7 December 12, 2023
ITEMS PULLED FROM CONSENT
1.1A : STATE OF CALIFORNIA
Sales Tax
(November 2022 $518,334.19)
FY 2023-24 YTD: $2,074,380
FY 2022-23 YTD: $2,147,492
Highway Users Tax
(October 2022 $34,552.30)
FY 2023-24 YTD: $159,891
FY 2022-23 YTD: $147,973
SB1 Street & Road Tax
(November 2022 $30,732.40)
FY 2023-24 YTD: $166,364
FY 2022-23 YTD: $146,182
$542,241.70
$36,696.28
$36,409.97
TOTAL $615,347.95
Mayor Zuber said the sales tax for this fiscal year is $70,000 less than last year and asked if there will be a true-up. City Administrator Werner said there was a true-up payment received in November and it was similar to last year but the prior true-up this year was considerably less. Werner said he will bring a 6-month update to Council after December.
Motion to approve Item 1.1A State of California.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.2E : RIPON UNIFIED SCHOOL DISTRICT
Pool Operations Shared Cost
Invoice #ARR24-00074 $42,210.59
Council Member Barton asked why there had been such an increase in the cost.
Recreation Director Stevens said the increase in cost was mostly due to salaries, especially with the minimum wage increase implemented by the State of California.
Stevens said the cost of chemicals has increased as well as the cost of pool maintenance. 1 Packet Pg. 17
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 8 December 12, 2023
Motion to approve Item 1.2E Ripon Unified School District for the shared cost of pool operations.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.2F : RIPON UNIFIED SCHOOL DISTRICT
Aquatic Center Capital Maintenance Shared Cost
Invoice #ARR24-00075 $119,402.14
Recreation Director Stevens said in 2017 the pool was replastered, locker room doors were replaced, and pool equipment was replaced and repaired. Stevens said this invoice covered the complete redo of the locker rooms including walls, floors, bathrooms and repainting the entire facility. He said the doors were also replaced with a better quality product in order to prevent rust as much as possible.
Council Member Barton asked if there are any major upcoming repairs that staff is aware of. Stevens said there is nothing immediately significant, but an aquatic center runs the risk of equipment failure.
Motion to approve Item 1.2F Ripon Unified School District for the shared cost of the Aquatic Center capital maintenance.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1.4D : DRONE DONATION
Ripon Rotary Foundation Accept the donation from the Ripon Rotary Foundation to be used for the
purchase of a Parrot Anafi USA Drone
(donation: $7,540.00).
Mayor Zuber said at some point he would like to see a report regarding drone use. Chief Sauer said he would be happy to provide Council a summary of how the Police Department uses drone technology. He said the Department currently has one drone in operation and it is deployed approximately five times a year in cases such as patrol operations, the reconstruction of crime scene and traffic collisions, and in missing person cases, especially by the river. Sauer said the Police Department also uses it to look for illegal encampments by the river and during the serving of warrants for documentation and officer safety.
Vice Mayor de Graaf asked if the drone uses any pre-modeling. Sauer said no. 1 Packet Pg. 18
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 9 December 12, 2023
de Graaf asked if the drone has infrared vision and Sauer confirmed.
Council Member Restuccia said he wanted to thank the Ripon Rotary Foundation for their donation.
Motion to approve Item 1.4D Drone Donation from the Ripon Rotary Foundation.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
**END OF CONSENT CALENDAR**
2. RESOLUTIONS
A. RESOLUTION NO. ______
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ADOPTING THE ELECTRONIC
MESSAGE CENTER USAGE POLICIES
AND PROCEDURES
This resolution adopts the Electronic
Message Center Usage Policies and
Procedures.
Planning Director Zuidervaart said the installation of an electronic message center (EMC) was approved in June 2023 and it will be located in front of City Hall. Zuidervaart said staff was directed to bring back a policy regarding the use of the electronic message sign by other agencies. He said the Deputy City Clerk will be operating the sign and there will be an application for outside agencies.
Council Member Restuccia said the Policy looked good.
Mayor Zuber said the Policy’s Guiding Principles states that the EMC will not be used to directly or indirectly endorse organizations not associated with the City. He thinks it should be opposite the person or organization should be associated with the City. Zuber said the policy is missing the overarching description of what the EMC is to be used for.
Zuber said the Policy states that the EMC will not be used to directly or indirectly to endorse or promote a political campaign, candidate, or ballot measure, but in the next section the Policy states that it may be used by State and Federal legislative representatives. He said this needs to be clarified.
Zuber said the Policy states that City-sponsored events have priority, but it needs to be clarified how that is established.
Zuber asked how long messages show on the screen. Zuidervaart said there is a section in the Ripon Municipal Code regarding EMS and message time. Zuber said the Policy should reference this section of the Code.
1 Packet Pg. 19
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 10 December 12, 2023
Zuidervaart said staff will revise the Policy with Council's suggestions and bring it back.
3. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. DEVELOPMENT AGREEMENT - ANNUAL REVIEW (2023)
Silverstone Subdivision
Alexandra Subdivision
The Vineyards Subdivision
Meadowood Subdivision
Pereira Subdivision
Ripon Gardens II
Calvary Reformed Church Master Plan
Should the City Council agree with the
Planning Commission’s recommendation,
the following motion would be
appropriate:
“The City Council accepts this staff report
as the written report from the Planning
Commission that there has been
compliance in good faith, with the terms
and conditions of each respective
Development Agreement.”
Planning Director Zuidervaart said the Planning Commission reviewed the Development Agreements and found them to be in compliance with the terms.
PUBLIC HEARING OPENED
City Clerk Roos said staff received through email two letters from Marty Harris regarding the Development Agreements. She said they are lengthy and have various attachments, they will be accepted as correspondence and she has given the Council each a copy of the letters and attachments.
PUBLIC HEARING CLOSED
Motion to accept the staff report as the written report from the Planning Commission that there has been compliance in good faith, with the terms and conditions of each perspective Development Agreement.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1 Packet Pg. 20
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 11 December 12, 2023
B. PFFP CAPITAL FUNDS ANNUAL REPORT
This is a public hearing on an annual
report of Public Facilities Financing Plan
(PFFP) capital fees covered under
Government Code Section 66000 et seq.
Recommended Action: Approve the
annual PFFP Report for the period ending
June 30, 2023.
City Clerk Roos said this is a public hearing on our annual report of capital fees for the fiscal year ending June 30, 2023 pursuant to California Government Code Section 66000.
Roos said the staff report provides information for the Council regarding this Public Facility Financing Plan Annual Progress Report and the requirements under Government Code Section 66000 along with how this Report ties to the Fund Summary Balances report as of June 30, 2023.
Roos said this PFFP Report has been prepared in accordance with the requirements of the Government Code and is prepared consistently with prior years.
Roos said staff’s recommended action is to approve the annual PFFP report for the year ending June 30, 2023.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
Motion to approve the annual PFFP Report for the period ending June 30, 2023.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1 Packet Pg. 21
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 12 December 12, 2023
4. ORDINANCES
Second Reading and Adoption
A. ORDINANCE NO. 926
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 10.56
"RESTRICTIONS ON RECREATIONAL
VEHICLE PARKING IN RESIDENTIAL
AREAS" OF THE RIPON MUNICIPAL
CODE.
This Ordinance amends Chapter 10.56
“Restrictions on Recreational Vehicle
Parking in Residential Areas” to include
language prohibiting the use of
Recreational Vehicles as dwelling units on
residential lots.
Planning Director Zuidervaart said Ordinance 926 amending Chapter 10.56 “Restrictions on Recreational Vehicle Parking in Residential Areas” is up for second reading and adoption.
He said Council made several suggestions for clarification at the first reading and staff has revised the proposed ordinance to include Council's suggestions. He said the intent of this ordinance did not change.
Mayor Zuber said staff did a good job.
Council Member Barton asked Chief Sauer if he had any concerns with the ordinance and Sauer said no.
Motion to waive the second reading and adopt Ordinance 926 amending Chapter 10.56 “Restrictions on Recreational Vehicle Parking in Residential Areas” RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
5. DISCUSSION ITEMS
A. WATER, SEWER, GARBAGE ENTERPRISE FUNDS ANNUAL RATE
ADJUSTMENT ANALYSIS
Discussion/Action Staff is recommending the City Council approve implementing the February 1,
2024 rate increases for the water (2%),
sewer (4%) and garbage (4%) enterprise
funds that were originally approved in the
2020 5-Year Rate Study.
City Administrator Werner said in 2020 staff was directed to do a 5-year rate study for utility rate increases for 2021-2025. He said the first three years, 2021-2023, have been implemented as they were approved. He said staff was also directed to bring this back each year for Council to review the financials and determine if the increase was needed. 1 Packet Pg. 22
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 13 December 12, 2023
Werner said that in the previous 5-year cycle there were a number of reductions to the rates.
Werner said he wanted to discuss the Water, Sewer and Garbage Enterprise Funds.
Werner said staff is recommending a 2% rate increase for water to be implemented February 1, 2024. He said the operating balance is estimated to be $740,000, which is $670,000 lower than what was projected. He said that the transfers that were included in the projections are expected to happen to the Water Enterprise Capital Fund.
Werner said the Sewer Enterprise Fund is similar, but has not been impacted by inflation as much as the Water Enterprise Fund. Werner said staff is recommending a 4% rate increase for sewer to be implemented February 1, 2024. He said the operating balance is projected to be $740,000, which is $160,000 higher than what was projected. He said this includes the transfers to the Sewer Enterprise Capital Fund that are scheduled for the future Waste Water Treatment Plant. He said it will not cover the full project costs but will reduce the City’s need for bonds.
Werner said the Garbage Fund is the most impacted fund due to regulatory requirements required by Senate Bill 1383. Werner said the City has just started bringing solid waste to a sorting facility. He said the City saw a $190,000 increase in operating expenses for fiscal year 23-24. He said for 24-25 staff is expecting an almost $300,000 increase. He said this is due to SB1383. Werner said the Garbage Fund has been heavily impacted over the 5-year term largely due to disposal fees.
Werner said the operating balance is projected to be $110,000, which is $630,000 lower than what was projected. He said staff is recommending a 4% rate increase for garbage to be implemented February 1, 2024.
Werner said staff is not recommending the City to go out for a new Prop 218 at this time because there is not enough information to determine projected expenses. Werner said staff might bring back a study later to decide if a Prop 218 is needed to cover the rising disposal fees.
Werner said the decreased projected operating balance will affect the planned $1.4 million transfer to the Garbage Enterprise Capital Fund. Staff is projecting to only transfer $740,000. He said this will have to be considered if the City goes for a Prop 218.
Werner said the regulatory compliance regulations impact utility rates at a rate of about
5.2% of an average monthly utility bill.
Werner showed a slide from 2021 showing the average utility bills from surrounding cities. He said even with the increase, we are competitive with the other cities.
Council Member Restuccia said he is concerned that there might be more surprises like SB1383. He said he believes there will be more compliance requirements from the State and with that, more expenses. Werner agreed.
1 Packet Pg. 23
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 14 December 12, 2023
Vice Mayor de Graaf said the Prop 218 can be adjusted, if needed, every five years.
Mayor Zuber said he is concerned about the Garbage Fund because it is at the bare minimum and if something comes along, the fees will not cover the expenses. Werner said he shares Zuber’s concerns, as well as concerns about the Capital Fund, which covers expenses such as garbage trucks.
Michael Musca asked if the sewer fees have decreased from 21-22 to 22-23. Werner said those are the regulatory expenses associated with the Sewer Fund.
Motion to approve implementing the February 1, 2024 rate increases for the water (2%), sewer (4%) and garbage (4%) enterprise funds that were originally approved in the 2020 5-Year Rate Study.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dean Uecker, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
B. COUNCIL COMMITTEE AND TASK FORCES
Discussion/No Action Mayor Zuber to discuss Council
Committee and Task Force appointments.
Mayor Zuber and Council discussed Council Committee assignments. Zuber asked Council to review their current positions and submit any requests for changes to City Clerk Roos by December 31, 2024.
REPORTS
Department Heads:
Recreation Director Stevens said he wanted to invite Council to come for a tour of the City's recreation facilities.
Planning Director Zuidervaart said there is a Planning Commission meeting on December 18, 2023. He said there is a consistency hearing for a potential project.
Public Works Director Pease said November water usage numbers were 19% lower than 2013 numbers and 2% higher than 2022 numbers.
Pease said staff increased water patrols through the month of November and made over 140 contacts, 2 repeat offender penalties were issued and 75% of the contacts made were for watering on the wrong day.
Pease said the Brush Pickup Program will run through January 7. 1 Packet Pg. 24
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes) City Council Page 15 December 12, 2023
Pease said two new employees were hired to work at the Recycling Center part time and it will be open every day of the week for a period of time.
City Council:
Council Member Restuccia said the Christmas Tree lighting was well done and well attended.
Council Member Barton said he wanted to thank outgoing Mayor Restuccia for his work and welcome incoming Mayor Zuber.
Barton said he wanted to recognize Steve Verver for the Veteran of the Year award he received last month.
Barton said he wanted to wish everyone a Merry Christmas and hoped to see everyone at the Christmas Light Parade on Thursday night.
Vice Mayor de Graaf said he wanted to thank the members of the public for attending. de Graaf echoed Barton’s sentiments about the outgoing and incoming Mayors.
There being no further business, the meeting was adjourned at 6:50 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 25
Minutes Acceptance: Minutes of Dec 12, 2023 6:00 PM (Approval of Minutes)
1.1.A.a
Packet Pg. 26
Attachment: 2023 10 advance (4102 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2300155 and 2300155AIssue Date: December 04, 2023Fiscal Year: 2023-2024Collection Period: October 24, 2023 - November 23, 2023Description: Streets & Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Heather Bui at 916-323-0740 or at [email protected].
City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107 Snow
(Included in Section
2107 Amount) Section 2107.5 Gross Claim
Withheld/Return of
Funds due to
Delinquent Annual
Street Report Payment Amount Year To Date
Ripon City Treasurer 15,977 $14,356.21 $8,091.18 $5,236.43 $11,584.89 $0.00 $0.00 $39,268.71 $0.00 $39,268.71 $199,160.11
1.1.A.b
Packet Pg. 27
Attachment: fy2324_11hwycityra (4102 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2300169 and 2300169A
Issue Date: December 22, 2023
Fiscal Year: 2023-2024
Collection Period: November 01, 2023 - November 30, 2023 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.
For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].
City Population Payment Amount Year To Date
Ripon City Treasurer 15,977 $28,810.92 $132,686.26
1 of 1
1.1.A.c
Packet Pg. 28
Attachment: rmra_cities_remit_2324_dec23 (4102 : State of California)
1.1.B.a
Packet Pg. 29
Attachment: Waste Management (4082 : Waste Management)
1.1.B.a
Packet Pg. 30
Attachment: Waste Management (4082 : Waste Management)
1.1.C.a
Packet Pg. 31
Attachment: Vertical Bridge Annual Payment (4109 : Vertical Bridge)
1.2.A.a
Packet Pg. 32
Attachment: PRICE PAIGE (4080 : Price Paige & Company)
Invoice
Date
12/25/2023
Invoice #
306
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Calls, emails to and from client re upcoming meeting,
review Specific Plan documents and CEQA
Documents.
12/4/2023 THT 295.00 885.00 3
Numerous emails and calls regarding close of
escrow, draft new Resolution of Acceptance, develop
alternative instruction for closing escrow on Azevedo
right or way.
12/6/2023 THT 295.00 811.25 2.75
Prepare agenda items for Council meeting, confer
with client and requests for additional information on
agenda items.
12/11/2023 THT 295.00 663.75 2.25
Attend staff meeting, discuss pre-agenda items,
attend closed session and regular meeting.
12/12/2023 THT 295.00 1,696.25 5.75
Calls, emails and work on changes to staff report for
North Point SP land use matter.
12/14/2023 THT 295.00 590.00 2
Discuss Bethany Home matter with client, review
and revise proposed memo to City Council members.
12/24/2023 THT 295.00 885.00 3
$5,531.25
1.2.B.a
Packet Pg. 33
Attachment: Terpstra Invoices (4121 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2023
Invoice #
304
Bill To
City of Ripon - Police Dept.
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
Neumiller & Beardslee's Invoice Number 345485
(Paid in full by The Law Office of Thomas H.
Terpstra).
384.89 384.89
$384.89
1.2.B.a
Packet Pg. 34
Attachment: Terpstra Invoices (4121 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2023
Invoice #
307
Bill To
City of Ripon - SSJID Groundwater Sustainability
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-213
Total
Date Attorney Description Rate Hours Amount
Review and discuss amended Petition with plaintiff’s
counsel, review, sign and return Stipulation for
filing.
12/18/2023 THT 295.00 2.25 663.75
$663.75
1.2.B.a
Packet Pg. 35
Attachment: Terpstra Invoices (4121 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2023
Invoice #
308
Bill To
City of Ripon - Dhillon - Private Development
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-403
Total
Date Attorney Description Rate Hours Amount
Pre-meeting with client, meet with Jolley and Myles
regarding project entitlements.
12/6/2023 THT 295.00 2.75 811.25
12/17/2023 THT Review Jolley letter, notes on same. 295.00 1 295.00 Legal research, calls, meeting with client, review and
revise responses to Jolley letter and follow up,
prepare for and attend PC hearing on same.
12/18/2023 THT 295.00 5 1,475.00
$2,581.25
1.2.B.a
Packet Pg. 36
Attachment: Terpstra Invoices (4121 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2023
Invoice #
309
Bill To
City of Ripon - Noosa - Private Development
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-404
Total
Date Attorney Description Rate Hours Amount
Meet with client prior to conference call, legal
research on CUP extension and applicable
presumption, attend conference call with client,
project applicants.
12/7/2023 THT 425.00 3.5 1,487.50
$1,487.50
1.2.B.a
Packet Pg. 37
Attachment: Terpstra Invoices (4121 : Law Office of Thomas H. Terpstra) Bill To
INVOICE
Description Amount
Invoice Date
Total Due
Delinquent Date
Customer # Invoice #
RMA 2024-0182
12/15/2023
$ 268,315.00
CRI090
2023/2024 3RD 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
01/29/2024
Liability Program 109,177.00
Workers' Compensation Program 159,138.00
TOTAL AMOUNT DUE $268,315.00
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)
1.2.C.a
Packet Pg. 38
Attachment: RMA 2024-0182 Ripon (4106 : CSJVRMA 2023/2024 3rd Quarter) CONTRACTOR: Diede Construction, Inc.
PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:
INVOICE NO: 10
DATE: 12/31/2023
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $6,497,063.14 LESS RETENTION: $324,853.16
APPROVED CONTRACT CHANGES: $500,456.00 PREVIOUSLY PAID AMOUNT: $6,172,209.98 CURRENT INVOICED AMOUNT: $649,823.00
LESS RETENTION: $32,491.15
TOTAL CONTRACT AMOUNT: $11,656,456.00 CURRENT AMOUNT DUE: $617,331.85 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $7,146,886.14 LESS RETENTION: $357,344.31
TOTAL PAID TO DATE: $6,789,541.83
INVOICE SUMMARY
TOTAL PROGRESS
Remaining Contract Amount: $4,509,569.86
Approx. % Complete: 61%
Work completed includes submittals, erosion control, landscape irrigation system install, grading, paving, carpentry, roofing, door framing, reinforcing and structural steel install, solartube glazing, material and equipment purchase, fire sprinkler system install, HVAC install, electrical install, and car wash plumbing install.
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
1.2.D.a
Packet Pg. 39
Attachment: Invoice 10_Diede Construction, Inc (4094 : Diede Construction, Inc.)
1.2.E.a
Packet Pg. 40
Attachment: Invoice 60435_Harris & Associates (4095 : Harris & Associates)
1.2.E.a
Packet Pg. 41
Attachment: Invoice 60435_Harris & Associates (4095 : Harris & Associates)
1.2.E.a
Packet Pg. 42
Attachment: Invoice 60435_Harris & Associates (4095 : Harris & Associates)
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: TK46118
Terracon Consultants, Inc.
PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:
To:
NA191172B
$72,986.00
12/15/2023
12/09/2023
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 11/27/23 NA191172B.0100 Field Welding Inspector 8.00 $145.00 $1,160.00 11/27/23 NA191172B.0100 Daily Report Fee 1.00 $95.00 $95.00 11/27/23 NA191172B.0100 Trip Charge (ea) 1.00 $80.00 $80.00 11/27/23 NA191172B.0101 High Strength Bolt (HSB) Testing - OT 4.00 $202.50 $810.00 11/27/23 NA191172B.0101 Daily Report Fee 1.00 $95.00 $95.00 12/1/23 NA191172B.0103 Field Welding Inspector - OT 2.00 $217.50 $435.00 12/1/23 NA191172B.0103 Field Welding Inspector 8.00 $145.00 $1,160.00 12/1/23 NA191172B.0103 Daily Report Fee 1.00 $95.00 $95.00 12/1/23 NA191172B.0103 Trip Charge (ea) 1.00 $80.00 $80.00 12/4/23 NA191172B.0104 Field Welding Inspector 8.00 $145.00 $1,160.00 12/4/23 NA191172B.0104 Daily Report Fee 1.00 $95.00 $95.00 12/4/23 NA191172B.0104 Trip Charge (ea) 1.00 $80.00 $80.00 Invoice Total $5,345.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 12/13/2023 Page 1 of 1 Client #396776
1.2.F.a
Packet Pg. 43
Attachment: Invoice TK46118_Terracon (4096 : Terracon Consultants, Inc.)
INVOICE
Lodi, CA
209-367-3701
Project Mgr: George Ogas
City of Ripon CA
Attn: Christiana Giedd
259 N Wilma Ave
Ripon, CA 95366-3028
Invoice Number: TK53657
Terracon Consultants, Inc.
PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:
To:
NA191172B
$73,701.00
12/29/2023
12/23/2023
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 12/22/23 NA191172B.0105 High Strength Bolt (HSB) Testing 4.00 $135.00 $540.00 12/22/23 NA191172B.0105 Daily Report Fee 1.00 $95.00 $95.00 12/22/23 NA191172B.0105 Trip Charge (ea) 1.00 $80.00 $80.00 Invoice Total $715.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 12/27/2023 Page 1 of 1 Client #396776
1.2.F.b
Packet Pg. 44
Attachment: Invoice TK53657_Terracon (4096 : Terracon Consultants, Inc.) December 8, 2023
[email protected]
Kevin Werner
City of Ripon
RE: Ripon East Main Traffic Signal
Enclosed is invoice number 170577 for $1,188.20 dated December 7, 2023 for costs incurred from October 28, 2023 through November 24, 2023 for the above referenced project.
Tasks completed this period include the following:
• Continued to work on intersection operations analysis for the Cumulative No Project and Cumulative Plus Project scenarios.
• Coordinated with City of Ripon on obtaining encroachment permit from Caltrans for the proposed modification of the SR 99 off-ramp.
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]
1.2.G.a
Packet Pg. 45
Attachment: Invoice 170577_Fehr & Peers (4097 : Fehr & Peers) Project Manager Albee Wei
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
December 07, 2023
Project No: RS23-4251.00
Invoice No: 170577
Project RS23-4251.00 Ripon East Main Traffic Signal
Professional Services for the Period: October 28, 2023 to November 24, 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 3.50 180.00 630.00
Engineer/Planner
Chen, Feslia 2.00 140.00 280.00
Admin
Morgan, Chris 1.00 155.00 155.00
Souto, JoLynn .50 155.00 77.50
Totals 7.00 1,142.50
Total Labor 1,142.50
Reimbursable Expenses
Project Communications and Reproduction 45.70
Total Reimbursables 45.70 45.70
Budget Summary Current Prior To-Date
Total Billings 1,188.20 16,312.90 17,501.10
Total Budget 31,500.00
Remaining Budget 13,998.90
Phase Total $1,188.20
TOTAL CURRENT INVOICE AMOUNT DUE: $1,188.20
1.2.G.a
Packet Pg. 46
Attachment: Invoice 170577_Fehr & Peers (4097 : Fehr & Peers) Project RS23-4251.00 Ripon East Main Traffic Signal Invoice 170577 Current Invoice Prior Billed Billed To Date
Billing Summary 1,188.20 24,592.60 25,780.80
Outstanding Invoices
Invoice Date Balance
11/15/2023 3,055.50
Invoice Number
170181
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 682123753
ACH REMITTANCE INFO: BANK CityNationalBank
ABA/Routing 122016066
1.2.G.a
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Attachment: Invoice 170577_Fehr & Peers (4097 : Fehr & Peers) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]
INVOICE
BILL TO
3139- Ripon Water Lines
259 N Wilma Ave.
Ripon, CA 95366
INVOICE # 52334
DATE 11/30/2023
DUE DATE 12/30/2023
TERMS Net 30
PROJECT
South County Water Project - CEQA
3139 - Ripon Water Lines
PERIOD DESCRIPTION QTY RATE AMOUNT
11/30/2023 Principal 2.25 225.00 506.25
Services through the invoice date. Work
performed includes project definition and scoping
activity. Thank you. We appreciate your business.
BALANCE DUE $506.25
1.2.H.a
Packet Pg. 48
Attachment: Invoice 52334_BaseCamp Environmental, Inc (4098 : BaseCamp Environmental, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]
INVOICE
BILL TO
Christiana Giedd
City of Ripon
259 N Wilma Avenue
Ripon, CA 95366
INVOICE # 52342
DATE 11/30/2023
DUE DATE 12/30/2023
TERMS Net 30
PROJECT
Lower Stanislaus River Multi-Use Trail Project
PERIOD DESCRIPTION QTY RATE AMOUNT
11/30/2023 Moore
Biological
Consultants,
$5,000.00 +
10% markup
1 5,500.00 5,500.00
Services through the invoice date. Thank you. We
appreciate your business.
Updated Biological Assessment with revised
alignment.
BALANCE DUE $5,500.00
1.2.H.b
Packet Pg. 49
Attachment: Invoice 52342_BaseCamp Environmental, Inc (4098 : BaseCamp Environmental, Inc.) Moore Biological Consultants Phone: (209) 745-1159
10330 Twin Cities Road, Ste. 30 Facsimile: (209) 745-7513 Galt, CA 95632
Mr. Charlie Simpson
Basecamp Environmental
802 West Lodi Avenue
Lodi, CA 95240
Invoice: 2004/10-23
30-Nov-23
INVOICE *Revised* Moore Biological Consultants
For services from June 1 - October 17, 2023 P.O. Box 822 Galt, CA 95632
Job No: 2004
Project:
Invoice: 2004/10-23
LABOR CHARGES Hours Rate Charges
Principal Biologist (hours) 12.0 $200.00 $2,400.00
Biologist (hours) 10.0 $125.00 $1,250.00
GIS Specialist (hours) 8.0 $150.00 $1,200.00
Total Labor 30.0 $4,850.00
EXPENSES
Mileage (miles) 150 $1.00 $150.00
Total Expenses $150.00
TOTAL INVOICED AMOUNT $5,000.00
Note: All charges are due and payable as of the billing date. Any charges not paid within 30 days of the statement date are delinquent and will be subject to a FINANCE CHARGE computed at the rate of 1.5% per month which is an annual rate of 18%, figured from the date of billing.
Please mail checks to:
Lower Stanislaus Trail Project: Update Biological Assessment With Revised Alignment
1.2.H.b
Packet Pg. 50
Attachment: Invoice 52342_BaseCamp Environmental, Inc (4098 : BaseCamp Environmental, Inc.)
SAN JOAQUIN SAN JOAQUIN REGIONAL
TRANSIT DISTRICT
421 E Weber Avenue
Stockton, CA 95202
Phone(209)948-5566
To: CITY OF RIPON
Trans Date
10/10/23
ATTN: CARLA RODRIGUEZ
259 N. WILMA AVENUE
RIPON, CA 95366
Description
SEPTEMBER 2023
INVOICE
Invoice Number: AR113808
Customer Number: C01524
Invoice Date: 10/10/23
Terms: Due upon receipt
Federal ID#: 94-1563999
Quantity Unit Cost Amount
34.83 61.50 2,142.05
TAX 0.00
Total Due 2,142.05
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
Please make checks payable to:
SAN JOAQUIN RTD
421 E Weber Avenue
Stockton, CA 95202
Invoice Number:
Customer Number:
Invoice Date:
Total Amount Due $
AR113808
C01524
10/10/23
2,142.05
Total Payment $ _______ _
1.2.I.a
Packet Pg. 51
Attachment: Invoice AR113808_SJRTD (4099 : SJRTD)
SAN JOAQUIN SAN JOAQUIN REGIONAL
TRANSIT DISTRICT
421 E Weber Avenue
Stockton, CA 95202
Phone(209)948-5566
To: CITY OF RIPON
Trans Date
12/15/23
ATTN: CARLA RODRIGUEZ
259 N. WILMA AVENUE
RIPON, CA 95366
Description
OCTOBER 2023
INVOICE
Invoice Number: AR113878
Customer Number: C01524
Invoice Date: 12/15/23
Terms: Due upon receipt
Federal ID#: 94-1563999
Quantity Unit Cost Amount
39.75 61.50 2,444.63
TAX 0.00
Total Due 2,444.63
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
Please make checks payable to:
SAN JOAQUIN RTD
421 E Weber Avenue
Stockton, CA 95202
Invoice Number:
Customer Number:
Invoice Date:
Total Amount Due $
AR113878
C01524
12/15/23
2,444.63
Total Payment $ _______ _
1.2.I.b
Packet Pg. 52
Attachment: Invoice AR113878_SJRTD (4099 : SJRTD)
-
SAN JOAQUIN SAN JOAQUIN REGIONAL
TRANSIT DISTRICT
421 E Weber Avenue
Stockton, CA 95202
Phone(209)948-5566
To: CITY OF RIPON
Trans Date
12/15/23
ATTN: CARLA RODRIGUEZ
259 N. WILMA AVENUE
RIPON, CA 95366
Description
NOVEMBER 2023
INVOICE
Invoice Number: AR113879
Customer Number: co1524
Invoice Date: 12/15/23
Terms: Due upon receipt
Federal ID#: 94-1563999
Quantity Unit Cost Amount
34.58 61.50 2,126.67
TAX 0.00
Total Due 2,126.67
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
Please make checks payable to:
SAN JOAQUIN RTD
421 E Weber Avenue
Stockton, CA 95202
Invoice Number:
Customer Number:
Invoice Date:
Total Amount Due $
AR113879
C01524
12/15/23
2,126.67
Total Payment $ _______ _
1.2.I.c
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Attachment: Invoice AR113879_SJRTD (4099 : SJRTD)
1.2.J.a
Packet Pg. 54
Attachment: Invoice 29-622-03-20 _LDA (4103 : LDA)
1.2.K.a
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Attachment: P&P Invoice 12-13-23 (4112 : Provost & Pritchard Consulting Group)
1.2.L.a
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Attachment: Chrisp Invoice - 27236 (4113 : Chrisp Company) * Field changes were made to extend quantities at key locations in order to complete necessary striping for safety and visibility. Additional lane line striping and legends were added along Jack Tone Road between Colony Rd. and River Rd. beyond the original scope. Additional lane lines, legends, stop bar and crosswalk striping was added on Goodwin Dr. beyond the original scope. Minor additions were made at Doak Blvd. and Parallel Ave. to complete the necessary striping.
J. Pease
1/3/2024
1.2.L.a
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Attachment: Chrisp Invoice - 27236 (4113 : Chrisp Company) Invoice
Date
12/26/2023
Invoice #
2023-24
City of Ripon
Attn: James Pease
259 N. Wilma Ave.
Ripon, CA 95366
Triple M Enterprises, Inc.
Job Name
Westerly Ponds1&2 Disking
Terms
Net 30
We appreciate your prompt payment.
Phone #
209-599-3112
Total
Amount Due:
Tax ID
36-4781367
25450 S. Mohler Rd.
Ripon, CA 95366
Description Quantity/Hours Rate Amount
CAT D4D Disking (Dec 6th) 8 255.00 2,040.00
$2,040.00
$2,040.00
PROJECT DESCRIPTION:
Waste Water Treatment Plant pond 1 & 2 restoration, slope repair, re‐grade, deep rip and disc.
INVOICE SUMMARY:
Work includes final discing of ponds 1 & 2 and completes the project.
TOTAL PROGRESS:
Remaining Contract Amount: $13,797.50
Approx. % Complete: 100%
1.2.M.a
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Attachment: Triple M - Invoice (4116 : Triple M Enterprise, Inc.) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
To: City of Ripon MFS Project No.: 202002
259 N. Wilma Avenue Invoice No.: 202002-01
Ripon, CA 95366 Date: January 1, 2024
Attention: Mr. Kevin Werner
Sent Via Email to: [email protected]
Subject: Water, Sewer and Garbage Fund Four-Year Rate Plan Reviews Billing Period: October 2, 2023 through December 31, 2023 Billing Number: 1
Reference: Agreement dated March 10, 2020
MFS Contact: Tom Pavletic, 510.439.6264
WATER Hours Rate Billing Amount
Task 1 - Develop Customer Use Characteristics 1.25 $160.00 $200.00 Task 2 - Develop Financial Plan / Revenue Requirements 1.00 $160.00 $160.00 Task 3 - Develop Rate Alternatives 0.25 $160.00 $40.00
Task 4 - Prepare Preliminary, Draft and Final Reports 1.50 $160.00 $240.00 Task 5 - Prepare Presentations/Attend Meetings 0.00 $160.00 $0.00 Total Labor 4.00 $640.00
SEWER Hours Rate Billing Amount
Task 1 - Develop Customer Use Characteristics 0.50 $160.00 $80.00 Task 2 - Develop Financial Plan / Revenue Requirements 1.00 $160.00 $160.00 Task 3 - Develop Rate Alternatives 0.25 $160.00 $40.00
Task 4 - Prepare Preliminary, Draft and Final Reports 1.50 $160.00 $240.00 Task 5 - Prepare Presentations/Attend Meetings 0.00 $160.00 $0.00 Total Labor 3.25 $520.00
GARBAGE Hours Rate Billing Amount
Task 1 - Develop Customer Use Characteristics 0.50 $160.00 $80.00 Task 2 - Develop Financial Plan / Revenue Requirements 1.50 $160.00 $240.00 Task 3 - Develop Rate Alternatives 1.75 $160.00 $280.00 Task 4 - Prepare Preliminary, Draft and Final Reports 2.50 $160.00 $400.00 Task 5 - Prepare Presentations/Attend Meetings 0.00 $160.00 $0.00 Total Labor 6.25 $1,000.00
AMOUNT DUE THIS INVOICE 13.50 $2,160.00
WORK PROGRESS (week beginning date)
2-Oct-23 receive email from KW on Oct 2 re: annual rate evaluation for 2024; update previous years' final version of models for wtr/swr/gbg to receive updated customer and financial data from city and send updated models "v0" to KW on oct 5; 9-Oct-23 no activity
16-Oct-23 no activity
23-Oct-23 no activity
30-Oct-23 no activity
6-Nov-23 no activity
13-Nov-23 receive v01 draft rate evaluation excel workbooks from CG on Nov 16; review FY24-FY27 adopted and projected rate increases and reply to CG and KW on Nov 16 re: Prop 218 for garbage fund 20-Nov-23 no activity
27-Nov-23 receive updated capital replacement for each of the utility funds from KW on Nov 28 and reply to CG and KW re: Prop 218 for garbage fund; ZOOM call w/CG on Nov 29 to discuss water use projections, annual CIP projections (to be developed by CG/KW), and garbage fund cash flow goals; receive "2024_review_gbg_rates_v02.xlsx" from CG on Nov 30 with changes to capital funding transfers; ZOOM call w/CG on Dec 1 to discuss garbage fund cash flow alternatives; ZOOM call w/KW & CG on Dec 1 to discuss garbage cash flow and TM preparation; receive v02 of water and sewer models on Dec 1; begin preparation of draft TM and update of wtr/swr/gbg models to v03
4-Dec-23 send prelim draft TM d1-0 and models v03 to CG on Dec 4; receive comments on regulatory expenditures from CG on Dec 5; send TM preliminary draft d2-0 and regulatory expenditures data workbook for fy22-fy24 to CG on Dec 5; receive comments from CG on Dec 6; send TM preliminary draft d2-1 and regulatory expenditures data workbook for fy22-fy23 to CG on Dec 6 send final TM f1-0 to CG on Dec 7; receive questions from KW on Dec 8; update report to f2-0 and send to KW & CG on Dec 8 11-Dec-23 no activity
18-Dec-23 no activity
25-Dec-23 no activity
Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 1
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Attachment: Invoice 202002-01_Pavletic Consulting LLC (4119 : Pavletic Consulting LLC) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
Water Rates
Week Begin Task Total Cumulative
Monday 001 002 003 004 005 Hours % Hours % Inv
2-Oct-23 1.0 1.0 1.5% 1.0 1.5%
9-Oct-23 0.0 0.0% 1.0 1.5%
16-Oct-23 0.0 0.0% 1.0 1.5%
23-Oct-23 0.0 0.0% 1.0 1.5%
30-Oct-23 0.0 0.0% 1.0 1.5%
6-Nov-23 0.0 0.0% 1.0 1.5%
13-Nov-23 0.25 0.3 0.4% 1.3 1.8%
20-Nov-23 0.0 0.0% 1.3 1.8%
27-Nov-23 0.25 1.0 1.0 1.3 1.8% 2.5 3.7%
4-Dec-23 0.5 0.0 0.0% 2.5 3.7%
11-Dec-23 0.0 0.0% 2.5 3.7%
18-Dec-23 0.0 0.0% 2.5 3.7%
25-Dec-23 0.0 0.0% 2.5 3.7% No. 1
Total FY24 1.25 1.00 0.25 1.50 0.00 4.00 3.7%
Total FY21 13.00 15.00 4.00 8.00 1.50 41.50 61.0%
Total FY22 0.00 8.50 0.00 2.00 0.00 10.50 15.4%
Total FY23 0.00 2.50 1.00 1.75 0.00 5.25 7.7%
Total FY20-FY24 14.25 27.00 5.25 13.25 1.50 61.25 90.1% Budget 12.00 20.00 16.00 12.00 8.00 68.00
% Spent 119% 135% 33% 110% 19% 90%
Legend
Task 1 - Develop Customer Use Characteristics Task 4 - Prepare Preliminary, Draft and Final Reports Task 2 - Develop Financial Plan / Revenue Requirements Task 5 - Prepare Presentations/Attend Meetings Task 3 - Develop Rate Alternatives *
* In FY23, Task 3 accounts for evaluation of SSJID Treated Water Supply project costs and summary of regulatory impacts Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 2
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Attachment: Invoice 202002-01_Pavletic Consulting LLC (4119 : Pavletic Consulting LLC) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
Sewer Rates
Week Begin Task Total Cumulative
Monday 001 002 003 004 005 Hours % Hours % Inv
2-Oct-23 0.5 0.5 0.7% 0.5 0.7%
9-Oct-23 0.0 0.0% 0.5 0.7%
16-Oct-23 0.0 0.0% 0.5 0.7%
23-Oct-23 0.0 0.0% 0.5 0.7%
30-Oct-23 0.0 0.0% 0.5 0.7%
6-Nov-23 0.0 0.0% 0.5 0.7%
13-Nov-23 0.25 0.3 0.4% 0.8 1.1%
20-Nov-23 0.0 0.0% 0.8 1.1%
27-Nov-23 1.0 1.0 1.0 1.5% 1.8 2.6%
4-Dec-23 0.5 0.0 0.0% 1.8 2.6%
11-Dec-23 0.0 0.0% 1.8 2.6%
18-Dec-23 0.0 0.0% 1.8 2.6%
25-Dec-23 0.0 0.0% 1.8 2.6% No. 1
Total FY24 0.50 1.00 0.25 1.50 0.00 3.25 2.6%
Total FY21 14.00 13.00 6.00 11.00 1.00 45.00 66.2%
Total FY22 0.00 3.50 0.00 2.00 0.00 5.50 8.1%
Total FY23 0.00 1.50 0.00 1.75 0.00 3.25 4.8%
Total FY20-FY24 14.50 19.00 6.25 16.25 1.00 57.00 83.8% Budget 12.00 20.00 16.00 12.00 8.00 68.00
% Spent 121% 95% 39% 135% 13% 84%
Legend
Task 1 - Develop Customer Use Characteristics Task 4 - Prepare Preliminary, Draft and Final Reports Task 2 - Develop Financial Plan / Revenue Requirements Task 5 - Prepare Presentations/Attend Meetings Task 3 - Develop Rate Alternatives
Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 3
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Attachment: Invoice 202002-01_Pavletic Consulting LLC (4119 : Pavletic Consulting LLC) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
Garbage Rates
Week Begin Task Total Cumulative
Monday 001 002 003 004 005 Hours % Hours % Inv
2-Oct-23 0.5 0.5 0.7% 0.5 0.7%
9-Oct-23 0.0 0.0% 0.5 0.7%
16-Oct-23 0.0 0.0% 0.5 0.7%
23-Oct-23 0.0 0.0% 0.5 0.7%
30-Oct-23 0.0 0.0% 0.5 0.7%
6-Nov-23 0.0 0.0% 0.5 0.7%
13-Nov-23 0.25 0.3 0.4% 0.8 1.1%
20-Nov-23 0.0 0.0% 0.8 1.1%
27-Nov-23 0.50 1.50 2.0 2.9% 2.8 4.0%
4-Dec-23 1.0 2.5 1.0 1.5% 3.8 5.5%
11-Dec-23 0.0 0.0% 3.8 5.5%
18-Dec-23 0.0 0.0% 3.8 5.5%
25-Dec-23 0.0 0.0% 3.8 5.5% No. 1
Total FY24 0.50 1.50 1.75 2.50 0.00 6.25 5.5%
Total FY21 11.00 9.00 5.00 8.00 1.00 34.00 50.0%
Total FY22 0.00 4.00 0.00 2.00 0.00 6.00 8.8%
Total FY23 0.00 2.50 0.00 1.75 0.00 4.25 6.3%
Total FY20-FY24 11.50 17.00 6.75 14.25 1.00 50.50 74.3% Budget 12.00 20.00 16.00 12.00 8.00 68.00
% Spent 96% 85% 42% 119% 13% 74%
Legend
Task 1 - Develop Customer Use Characteristics Task 4 - Prepare Preliminary, Draft and Final Reports Task 2 - Develop Financial Plan / Revenue Requirements Task 5 - Prepare Presentations/Attend Meetings Task 3 - Develop Rate Alternatives
Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 4
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Attachment: Invoice 202002-01_Pavletic Consulting LLC (4119 : Pavletic Consulting LLC) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
To: City of Ripon MFS Project No.: 202002 MFS Project No.:
259 N. Wilma Avenue Invoice No.: 202002-01 Invoice No.:
Ripon, CA 95366 Date: January 1, 2024 Date:
Attention: Mr. Kevin Werner
Water, Sewer and Garbage Fund Four-Year Rate Plan Reviews
SUMMARY OF ACCOUNT
Total This Prior Invoiced Total Invoiced
Item Budget Invoice To Date To Date
WATER
Task 1 - Develop Customer Use Characteristics $1,920.00 $200.00 $2,080.00 $2,280.00 Task 2 - Develop Financial Plan / Revenue Requirements $3,200.00 $160.00 $4,160.00 $4,320.00 Task 3 - Develop Rate Alternatives $2,560.00 $40.00 $800.00 $840.00 Task 4 - Prepare Preliminary, Draft and Final Reports $1,920.00 $240.00 $1,880.00 $2,120.00 Task 5 - Prepare Presentations/Attend Meetings $1,280.00 $0.00 $240.00 $240.00 Total Labor $10,880.00 $640.00 $9,160.00 $9,800.00
SEWER
Task 1 - Develop Customer Use Characteristics $1,920.00 $80.00 $2,240.00 $2,320.00 Task 2 - Develop Financial Plan / Revenue Requirements $3,200.00 $160.00 $2,880.00 $3,040.00 Task 3 - Develop Rate Alternatives $2,560.00 $40.00 $960.00 $1,000.00 Task 4 - Prepare Preliminary, Draft and Final Reports $1,920.00 $240.00 $2,360.00 $2,600.00 Task 5 - Prepare Presentations/Attend Meetings $1,280.00 $0.00 $160.00 $160.00 Total Labor $10,880.00 $520.00 $8,600.00 $9,120.00
GARBAGE
Task 1 - Develop Customer Use Characteristics $1,920.00 $80.00 $1,760.00 $1,840.00 Task 2 - Develop Financial Plan / Revenue Requirements $3,200.00 $240.00 $2,480.00 $2,720.00 Task 3 - Develop Rate Alternatives $2,560.00 $280.00 $800.00 $1,080.00 Task 4 - Prepare Preliminary, Draft and Final Reports $1,920.00 $400.00 $1,880.00 $2,280.00 Task 5 - Prepare Presentations/Attend Meetings $1,280.00 $0.00 $160.00 $160.00 Total Labor $10,880.00 $1,000.00 $7,080.00 $8,080.00
TOTAL $32,640.00 $2,160.00 $32,640.00 $2,160.00 $2,160.00 $24,840.00 $24,840.00 $24,840.00 $27,000.00 $27,000.00 TOTAL PAID TO DATE $24,840.00
BALANCE OUTSTANDING $2,160.00
BUDGET REMAINING $5,640.00
Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 5
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Attachment: Invoice 202002-01_Pavletic Consulting LLC (4119 : Pavletic Consulting LLC) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/09/2024
Subject: Landscape Maintenance Districts - 1st Annual Resolution RECOMMENDED ACTION:
Requesting Council order the City Engineer to prepare the report for the Fiscal Year 2024-2025 pertaining to the annual assessments for the City of Ripon’s ten Landscape Maintenance Districts.
BACKGROUND:
Pursuant to the provision of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California and Proposition 218, the City Council conducts proceedings for the formation of the City of Ripon Landscape Maintenance Districts as outlined in the table below.
Formation of Landscape Maintenance District Check List
Step Description
1 City Council adopts the resolution of intention to undertake proceedings for the formation of an assessment district directing the City Engineer to prepare a report in connection with the proposed formation of the assessment district. (1st Formation Resolution)
2 City Council adopts the resolution approving the Engineer’s Report in connection with the proposed formation of the assessment district, declaring its intention to form an assessment district and setting a time and place for a public hearing. (2nd Formation Resolution)
3 City Council adopts the resolution ordering the formation of the assessment district. (3rd Formation Resolution)
4 City submits required documents to County to set up new tax code required to levy the assessment.
1.3.A
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DISCUSSION:
Upon formation of assessment district, the City is required to go through a process to approve the levying of the annual assessment district fees. The following table outlines the steps required to approve the levying of the annual assessments.
Annual Levy of Landscape Maintenance District Assessment Check List Step Description
1 City Council initiates the Landscape Maintenance District proceedings and adopts a resolution directing City Engineer to prepare the Engineer’s Report pertaining to the annual assessments. (1st Annual Resolution)
2 City Council adopts (1) a resolution giving preliminary approval of the Engineer’s Report, and (2) a resolution declaring its intention to order the levy and collection of the annual assessments and setting a time and place for a public hearing. (2 nd & 3rd Annual
Resolution)
3 City Council adopts a resolution determining the amount of and approving the levy and collection of the annual assessments. (4
th Annual Resolution)
4 City submits required documents to County to levy annual assessments for the coming fiscal year.
The attached resolution is the 1
st step in the annual process to levy assessments for the City of Ripon’s ten Landscape Maintenance Districts for the coming fiscal year.
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RESOLUTION NO. 24-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ORDERING THE CITY ENGINEER TO PREPARE ON
BEHALF OF THE CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR 2024-2025 PERTAINING
TO THE ANNUAL ASSESSMENTS FOR THE CITY OF
RIPON'S TEN LANDSCAPE MAINTENANCE DISTRICTS
LOCATED IN THE COUNTY OF SAN JOAQUIN,
CALIFORNIA
WHEREAS, previous hereto pursuant to Resolutions adopted by the City Council of the City of Ripon, the Assessment Districts noted in the table below were formed creating an assessment district pursuant to the Landscaping and Lighting Act of 1972 for the maintenance of general landscaping and irrigation systems in the City of Ripon; and WHEREAS, pursuant to Section 22565, et seq. of the Streets and Highways Code of the State of California, the City Engineer is required to prepare and file with the City of Ripon a report for each fiscal year for which assessments are to be levied and collected by the City within said districts in order to pay for the costs of maintaining improvements as described in the Engineer’s Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Engineer is hereby ordered pursuant to Section 22565 of the Streets and Highways Code of the State of California to prepare and file the annual engineer’s report in reference to the Landscape Maintenance Districts noted in the table below pursuant to the Landscaping and Lighting Act of 1972, for approval by the City Council, which said report shall indicate the present boundaries, the description of the work of improvements for which assessments are to be levied for the fiscal year, the method of assessment spread, their estimate of the maintenance costs, the assessment roll, and the assessment diagram and boundary map within said Districts and their proposed annual assessments for the fiscal year commencing July 1, 2024, to and including June 30, 2025.
FORMATION OF LANDSCAPE MAINTENANCE DISTRICTS
District Name
Council
Acceptance Date Resolution No.
Dutch Meadows #89-1 November 7, 1989 89-60
Country Woods Unit No. 2 & Zumstein Estates Subdivisions #89-2 January 2, 1990 90-1 Farmland Estates #92-1 June 2, 1992 92-30
Main Street Landscape Maintenance District #94-1 June 7, 1994 94-36 Boesch-Kingery Estates #96-1 April 2, 1996 96-17
Jacobs Landing #98-1 May 5, 1998 98-37
Carolina’s Landscape Maintenance District #02-1 August 6, 2002 02-77 Cornerstone 1 Landscape Maintenance District #07-1 April 7, 2007 07-36 Alexandra Place #17-2 June 12, 2018 18-55
The Vineyards #17-1 June 12, 2018 18-54
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of January, 2024, by the following vote:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
1.3.A
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/09/2024
Subject: Lighting District - 1st Annual Resolution
RECOMMENDED ACTION:
Requesting Council order the City Engineer to prepare the report for the Fiscal Year 2024-2025 pertaining to the annual assessments for Assessment District 05-1 (City of Ripon Lighting District).
BACKGROUND:
Pursuant to the provision of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California and Proposition 218, the City Council undertook proceedings as outlined below for the formation of the City of Ripon Lighting District.
At the October 19, 2004 City Council meeting, Council adopted Resolution No. 04-60 proposing the formation of a new assessment district and directing the City Engineer to prepare a report in connection with the proposed formation of the assessment district.
At the November 2, 2004 City Council meeting, Council adopted Resolution No. 04-66 approving the Engineer’s Report in connection with the proposed formation of the assessment district, declaring its intention to form an assessment district and setting a time and place for a public hearing.
On November 20, 2004, the City of Ripon, by and through the San Joaquin County Board of Supervisors, held a public hearing on the issues of formation of the proposed new assessment district, to be called the Ripon Lighting District and to be governed by this City Council (previously governed by the County of San Joaquin), and the proposed increase of the annual assessment from $25.00 to $42.00 upon assessable lots and parcels of land.
At the December 7, 2004 City Council meeting, Council adopted Resolution No. 04-70 ordering the formation of the Ripon Lighting District and increasing the annual assessment upon
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assessable lots and parcel of land within the Ripon Lighting District from $25.00 to $42.00 effective July 1, 2005.
At the February 4, 2005 City Council meeting, Council adopted Resolution No. 05-02 renaming the “Ripon Lighting District” to the “City of Ripon Lighting District”.
DISCUSSION:
Upon formation of assessment district, the City is required to go through a process to approve the levying of the annual assessment district fees. The following table outlines the steps required to approve the levying of the annual assessments.
Annual Levy of Lighting District Assessment Check List
Step Description
1 City Council initiates the Lighting District proceedings and adopts a resolution directing City Engineer to prepare the Engineer’s Report pertaining to the annual assessments. (1st Annual Resolution)
2 City Council adopts (1) a resolution giving preliminary approval of the Engineer’s Report, and (2) a resolution declaring its intention to order the levy and collection of the annual assessments and setting a time and place for a public hearing. (2nd & 3rd Annual Resolution)
3 City Council adopts a resolution determining the amount of and approving the levy and collection of the annual assessments. (4th Annual Resolution) 4 City submits required documents to County to levy annual assessments for the coming fiscal year.
The attached resolution is the 1st step in the annual process to levy assessments for the City of Ripon Lighting District for the coming fiscal year.
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RESOLUTION NO. 24-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ORDERING THE CITY ENGINEER TO PREPARE ON
BEHALF OF THE CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR 2024-2025 PERTAINING
TO THE ANNUAL ASSESSMENTS FOR ASSESSMENT
DISTRICT NO. 05-1, CITY OF RIPON, COUNTY OF SAN
JOAQUIN CALIFORNIA, COMMONLY KNOWN AS CITY OF
RIPON LIGHTING DISTRICT
WHEREAS, previous hereto pursuant to Resolution No. 04-70 and 05-2 adopted by the City Council of the City of Ripon, Assessment District No. 05-1, commonly known as City of Ripon Lighting District, was formed creating an assessment district pursuant to the Landscaping and Lighting Act of 1972 for the maintenance of street lights in the City of Ripon; and WHEREAS, pursuant to Section 22565, et seq. of the Streets and Highways Code of the State of California, the City Engineer is required to prepare and file with the City of Ripon a report for each fiscal year for which assessments are to be levied and collected by the City within said district in order to pay for the costs of maintaining improvements as described in the engineer’s report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Engineer is hereby ordered pursuant to Section 22565 of the Streets and Highways Code of the State of California to prepare and file the annual engineer’s report in reference to Assessment District No. 05-1 for City of Ripon Lighting District pursuant to the Landscaping and Lighting Act of 1972, for approval by the City Council, which said report shall indicate the present boundaries, the description of the work of improvements for which assessments are to be levied for the fiscal year, the method of assessment spread, his estimate of the maintenance costs, the assessment roll, and the assessment diagram and boundary map within said Assessment District No. 05-1 and their proposed annual assessments for the fiscal year commencing July 1, 2024, to and including June 30, 2025.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of January, 2024, by the following vote:
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RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, 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: Jane Kilgore, Deputy City Clerk
Date: 01/09/2024
Subject: Council Committee Appointments and Task Forces RECOMMENDED ACTION:
This resolution approves the City Council Member appointments to local and regional Boards, Commissions, Task Forces, and City Council Committees for 2024.
Attachments:
1. Council Member Assignments 2024
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RESOLUTION NO. 24-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING CITY COUNCIL MEMBER
APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS,
TASK FORCES, AND COMMITTEES
WHEREAS, the City of Ripon is desirous of appointing Council Members to local and regional Boards, Commissions, Task Forces, and City Council Committees; and WHEREAS, these assignments also include City Council Committees that are focused on local issues; and
WHEREAS, the Council Members appointed have expressed their interest in serving on said appointments; and
WHEREAS, the Mayor makes a recommendation of the City Council Member appointments for the upcoming calendar, which is ratified by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Council Member appointments for Calendar Year 2024, as attached as “Exhibit A”, be approved.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of January, 2024, by the following vote:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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Exhibit A
CITY COUNCIL ASSIGNMENTS – CALENDAR YEAR 2024
Each year the Mayor recommends to the City Council the assignments for individual council members for the upcoming calendar year, which is ratified by the City Council. These assignments include local and regional Boards, Commissions, and Task Forces Ripon City Council Members have been requested to sit on. Additionally, it also includes City Council Committees that are focused on more local issues.
BOARDS AND COMMISSIONS
1. Central Valley Division of League of California Cities Executive Member Dean Uecker
Gary Barton (Alternate)
2. San Joaquin County Council of Governments Executive Board Leo Zuber
Michael Restuccia (Alternate)
3. San Joaquin Integrated Solid Waste Management Board
Daniel de Graaf
4. LAFCO Board
Gary Barton
5. San Joaquin Partnership Board
Gary Barton
6. San Joaquin County Board of Supervisor’s Advisory Water Commission Gary Barton
Daniel de Graaf (Alternate)
7. South San Joaquin Irrigation District Groundwater Sustainability Agency Board Daniel de Graaf
Gary Barton (Alternate)
TASK FORCE(S)
1. City/County Criminal Justice Task Force
Mike Restuccia
Dean Uecker (Alternate)
City Administrator
Chief of Police
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Attachment: Council Member Assignments 2024 (24-3 : Council Committee Appointments and Task Forces) Exhibit A
CITY COUNCIL COMMITTEES
City Council committees are intended to (1) enhance the communication between the City Council and City staff at the early phase of the development of significant items affecting public policy, (2) allow committee members to develop a deeper level of knowledge on matters of public policy or public concerns, and/or (3) make recommendations to the City Council on matters of public policy. The City Council Committees do not replace the City Council as final decision makers.
Committees should be disbanded when their primary function or task has been completed or no longer exists.
The Council member with the lowest seat assignment shall chair the committee.
1. Legislative Response
Purpose: As directed by the Mayor, review proposed state or federal legislation and provide a recommendation to the City Council on a formal position.
Daniel de Graaf
Mike Restuccia
City Administrator
City Attorney
2. Community Concerns & Public Engagement
Purpose: Meet with concerned citizens or local organizations regarding concerns over existing City policies.
Leo Zuber
Mike Restuccia
City Administrator
Chief of Police (as needed)
Public Works Director (as needed)
Planning Director (as needed)
City Attorney (as needed)
3. Code Enforcement
Purpose: Review staff approach to code enforcement matters such that the process being following is consistent with City Council Ripon Municipal Code. Recommend changes to those chapters of the Ripon Municipal Code related to code enforcement, as needed.
Leo Zuber
Mike Restuccia
City Administrator
Chief of Police
Planning Director
City Attorney
4. Housing and Loan
Purpose: Participate in discussions related to housing policies in Ripon and make recommendations to the City Council on policies and agreements related to housing.
Dean Uecker
Mike Restuccia
City Administrator
City Clerk
Planning Director
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Attachment: Council Member Assignments 2024 (24-3 : Council Committee Appointments and Task Forces) Exhibit A
5. Economic Development
Purpose: Consider policies related to economic development and make recommendations to the City Council, as needed. For projects that are taking advantage of the City of Ripon’s incentive program, review the proposal and make a recommendation to the City Council.
Gary Barton
Leo Zuber
City Administrator
Planning Director
6. Budget Development
Purpose: Consider budget policies and make a recommendation on policies for the City Council’s consideration.
Daniel de Graaf
Mike Restuccia
All Department Heads (as needed)
7. Swimming Pool Operations
Purpose: Meet with the representatives of the Ripon Unified School District and provide input as stated in the Joint Use Agreement between the City of Ripon and Ripon Unified School District, including establish hours of operations, determine types of programs and activities, develop proposals for growth and expansion, and fiscal oversight.
Leo Zuber
Dean Uecker (Alternate)
City Administrator
Recreation Director
8. Golf Course
Purpose: Evaluate the requested use of the Capital Improvement Account funds for Long-Term Capital Improvements and Emergency Improvements and Repairs, as described in Resolution No. 08-1, “Establishing Policy for Allocation of Revenues from Jack Tone Golf Course Dean Uecker
tbd (Public Member)
City Administrator
Recreation Director
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Attachment: Council Member Assignments 2024 (24-3 : Council Committee Appointments and Task Forces) Exhibit A
9. Two-by-Two Committee
Purpose: Meet with representatives of the organizations listed below to discuss matters related to the coordination between the agencies, concerns of an agency, or challenges an agency may be experiencing.
Make recommendations to the City Council on agreements, policy changes, etc. as it relates to these discussions.
Leo Zuber
Daniel de Graaf
City Administrator
City Attorney
Ripon Unified School District Ripon Consolidated Fire District Chamber of Commerce City of Manteca
Ripon Christian Schools City of Lathrop
CITY COUNCIL POSITIONS
1. Council Check Review
Dean Uecker
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Attachment: Council Member Assignments 2024 (24-3 : Council Committee Appointments and Task Forces) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 01/09/2024
Subject: Part Time Employee Sick Leave Policy - Update
RECOMMENDED ACTION:
This resolution amends the City of Ripon’s Part Time Employee Paid Sick Leave Policy to comply with State laws effective January 1, 2024.
BACKGROUND:
On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 that provides three days of paid sick leave for eligible employees beginning July 1, 2015. AB 1522 set forth the conditions and purposes for which paid sick leave is to be paid. AB 1522 allows the employer to choose between two accrual methods, set a minimum usage increment for paid sick leave that does not exceed two hours, and set a cap to the maximum amount that can be accrued.
City part time, temporary, and seasonal employees are not covered by any collective bargaining agreement, benefits resolution or any other benefits policy. As such, these employees are subject to the provisions of AB 1522. All other employees of the City are covered under the City of Ripon Merit System that meet or exceed the minimum requirements for AB 1522 paid sick leave and are, therefore, not subject to AB 1522.
In June 2015, the City Council adopted Resolution 15-40 that adopted the City’s current Part Time Employee Paid Sick Leave Policy.
DISCUSSION/ANALYSIS:
SB 616 amends California’s Paid Sick Leave Law effective January 2024. The most significant change that impacts the City of Ripon is the increase to the minimum allowance of sick days from 3 days or 24 hours to 5 days or 40 hours of paid sick leave to employees. The City’s Part Time Employee Paid Sick Leave Policy has been updated to include this change along with the following:
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A cap has been added that limits a Part Time employees maximum allowable accrued sick leave to 10 days or 80 hours, which is in compliance with SB 616. The policy no longer includes a requirement to take sick leave in a minimum of 2-hour increments as State law allows Part Time employees to take sick leave in any increment.
This policy is only for Part Time Employees as all other employees of the City continue to be covered under the City of Ripon Merit System that meet or exceed the minimum requirements of the law.
Attached is a final version and a redline version of the Policy, which shows the changes from the originally adopted Policy to the proposed amended Policy.
FISCAL IMPACT:
N/A
Attachments:
1. Part Time Employee Paid Sick Leave Law Policy updated 2023.12-FINAL
2. Part Time Employee Paid Sick Leave Law Policy updated 2023.12-redline version
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RESOLUTION NO. 24-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING THE CITY'S PART TIME EMPLOYEE
PAID SICK LEAVE POLICY
WHEREAS, on September 10, 2014, the Governor of the State of California signed the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522) providing paid sick leave for covered employees; and
WHEREAS, on June 2, 2015, the City of Ripon (“City”) Council adopted Resolution No. 15-40 adopting a Part Time Employee Paid Sick Leave Policy for the City of Ripon to establish a paid sick leave policy pursuant to AB 1522 for part-time, temporary, and season employees; and WHEREAS, part-time, temporary, and seasonal employees are not covered by an existing collective bargaining agreement, benefits resolution nor any other benefits policy; and WHEREAS, SB 616 amend California’s Paid Sick Leave Law effective January 1, 2024; and
WHEREAS, the City is desirous of updating this policy to be consistent with current laws.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon hereby amends the City of Ripon Part Time Employee Paid Sick Leave Policy, as attached hereto in Exhibit “A” effective January 1, 2024 and shall remain in effect until modified, terminated, or rescinded by subsequent Council action or changes by applicable State or Federal Law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of January, 2024, by the following vote:
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RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
1.3.D
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Exhibit A
CITY OF RIPON
PART TIME EMPLOYEE PAID SICK LEAVE POLICY
The following policy applies only to part-time, temporary, and seasonal employees. The sick leave policy set forth in the City of Ripon’s Merit System only applies to full-time employees.
This policy was originally effective July 1, 2015, due to California’s Paid Sick Leave law, AB1522, which required the City of Ripon to provide paid sick leave to employees who work for the City 30 or more days within one (1) year subject to specific rules.
Effective January 1, 2024, SB 616 amends California’s Paid Sick Leave Law to allow for 5 days or 40 hours of paid sick leave to employees.
Therefore, the City of Ripon’s Paid Sick Leave Policy is being updated to be as follows:
An employee begins to accrue paid sick leave at the applicable rate set forth below based upon the amount of hours worked within a pay period:
Hours worked per regular
schedule
Sick leave accrued per pay
period
66 - 80 hours 2.67 hours
46 – 65 hours 2.17 hours
26 – 45 hours 1.88 hours
1 – 25 hours 1.67 hours
Accrued paid sick leave shall carry over to the following year of employment and is capped at 10 days or 80 hours, whichever is more.
An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the Agency.
An employee is only allowed to use up to a maximum of 5 days or 40 hours of paid sick leave in a 12-month period.
In accordance with California’s Paid Sick Leave law, an employee may use a maximum of 5 days or 40 hours of accrued paid sick leave in a 12-month period for any of the following reasons:
o For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
o For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
o Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.)
o Spouse or Registered Domestic Partner
o Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.)
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Attachment: Part Time Employee Paid Sick Leave Law Policy updated 2023.12-FINAL (24-4 : Part Time Employee Sick Leave Policy - Update) Paid Sick Leave Law Policy Page 2 of 2 Updated 12/2023
o Grandparent
o Grandchild
o Sibling
o Designated person, which, means a person identified by the employee at the time the employee request paid sick days
o To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
o A temporary restraining order or restraining order.
o Other injunctive relief to help ensure the health, safety or welfare of themselves or their children. o To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. o To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
o To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
o To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable. Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the Agency. If an employee separates from Agency employment, the balance of sick leave accrued will not be paid out. However, if the employee is rehired by the Agency within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated to the extent required by law.
However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the Agency before any paid sick leave can be used.
If a part-time employee is transferred to a full-time status, their sick leave accrual balance will transfer with their status.
If a full-time employee is rehired to a part-time status, their sick leave accrual balance will be reinstated to a maximum of 10 days or 80 hours, whichever is more.
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Attachment: Part Time Employee Paid Sick Leave Law Policy updated 2023.12-FINAL (24-4 : Part Time Employee Sick Leave Policy - Update)
Updated 12/2023
CITY OF RIPON
PART TIME EMPLOYEE PAID SICK LEAVE POLICY
The following policy applies only to part-time, temporary, and seasonal employees. The sick leave policy set forth in the City of Ripon’s Merit System only applies to full-time employees.
This policy was originally eEffective July 1, 2015, due to California’s Paid Sick Leave law, AB1522, which requireds the City of Ripon to provide paid sick leave to employees who work for the City 30 or more days within one (1) year subject to specific the following rules.
Effective January 1, 2024, SB 616 amends California’s Paid Sick Leave Law to allow for 5 days or 40 hours of paid sick leave to employees.:
Therefore, the City of Ripon’s Paid Sick Leave Policy is being updated to be as follows:
An employee begins to accrue paid sick leave at the applicable rate set forth below based upon the amount of hours worked within a pay period:
Hours worked per regular
schedule
Sick leave accrued per pay
period
66 - 80 hours 2.67 hours
46 – 65 hours 2.17 hours
26 – 45 hours 1.881.50 hours
1 – 25 hours 1.67.93 hours
Accrued paid sick leave shall carry over to the following year of employment and is capped at 10 days or 80 hours, whichever is more.
An employee is not eligible to begin using any accrued paid sick leave until after 90 days of employment with the Agency.
An employee is only allowed to use up to a maximum of 35 days or 4024 hours of paid sick leave in a 12-month period.
In accordance with California’s Paid Sick Leave law, an employee may use a maximum of 35 days or 2440 hours of accrued paid sick leave in a 12-month period for any of the following reasons:
o For the employee’s own diagnosis, care, or treatment of an existing health condition or preventative care.
o For the diagnosis, care, or treatment of an existing health condition or preventative care for an employee’s family member, including:
o Child (including a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis.)
o Spouse or Registered Domestic Partner
o Parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee
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Attachment: Part Time Employee Paid Sick Leave Law Policy updated 2023.12-redline version (24-4 : Part Time Employee Sick Leave Policy - Paid Sick Leave Law Policy Page 2 of 3
Updated 12/2023 Page 2 of 2
or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.)
o Grandparent
o Grandchild.
o Sibling.
o Designated person, which, means a person identified by the employee at the time the employee request paid sick days
o To obtain any relief or services related to being a victim of domestic violence, sexual assault, or stalking including the following with appropriate certification of the need for such services:
o A temporary restraining order or restraining order.
o Other injunctive relief to help ensure the health, safety or welfare of themselves or their children. o To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking. o To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
o To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
o To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation. An employee shall provide reasonable advance notification of their need to use accrued paid sick leave to their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor’s appointment scheduled in advance). If the need for paid sick leave use is unforeseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as is practicable. An employee who uses paid sick leave must do so with a minimum increment of two hours of sick leave.
Paid sick leave will not be considered hours worked for purposes of overtime calculation. An employee will not receive compensation for unused accrued paid sick leave upon termination, resignation, retirement or other separation from employment from the Agency. If an employee separates from Agency employment, the balance of sick leave accrued will not be paid out. However, if the employee is re-hired by the Agency within one year of the date of separation, previously accrued and unused paid sick leave hours shall be reinstated to the extent required by law.
However, if a rehired employee had not yet worked the requisite 90 days of employment to use paid sick leave at the time of separation, the employee must still satisfy the 90 days of employment requirement collectively over the periods of employment with the Agency before any paid sick leave can be used.
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Attachment: Part Time Employee Paid Sick Leave Law Policy updated 2023.12-redline version (24-4 : Part Time Employee Sick Leave Policy - Paid Sick Leave Law Policy Page 3 of 3
Updated 12/2023 Page 2 of 2
If an part-time employee is transferred to a full-time status, their sick leave accrual balancenk will transfer for with their status.
If a full-time employee is rehired to a part-time status, their sick leave accrual balance will be reinstated to a maximum of 10 days or 80 hours, whichever is more.
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Attachment: Part Time Employee Paid Sick Leave Law Policy updated 2023.12-redline version (24-4 : Part Time Employee Sick Leave Policy - City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 01/09/2024
Subject: Basecamp Environmental, Inc - Arc Way Development RECOMMENDED ACTION: Approve and authorize the Mayor to sign the Professional Services Agreement with BaseCamp Environmental, Inc. to prepare CEQA compliance documents for the 769 Frontage Road proposed convenience store, fueling station and retail commercial development project (funding source: Arc Way Development Project reimbursement account).
BACKGROUND: On June 6, 2023 the City of Ripon received an application from Sukhdev Singh for a proposed convenience store, fueling station and retail commercial development project to be located at the corner of Frontage Road and Arc Way (769 Frontage Road). At the December 12, 2023 the City Council approved a reimbursement agreement between the City of Ripon and Mr. Singh for the processing of their application.
In order to cover CEQA compliance and traffic analysis for the project Staff reached out to BaseCamp Environmental for a proposal to cover the needed work. Staff shared the proposal with the applicant and they have agreed to move forward with the selected consultant to prepare the necessary CEQA documents for the project.
FISCAL IMPACT: The fiscal impact to prepare the CEQA documents for the Arc Way Development project application will be covered by the Developer (Sukhdev Singh) through the reimbursement account for the project.
Attachments:
1. Professional Services Agreement
1.4.A
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PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
BASECAMP ENVIRONMENTAL, INC
(BETHANY HOME THE TERRACES PROJECT)
This Agreement for Professional Services (“Agreement”) is entered into on January 9, 2024, (the “Effective Date”) between the City of Ripon (“City”) and BaseCamp Environmental, 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 Work attached hereto as Exhibit “A”. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work,, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein.
1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.
1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.
Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount NOT TO EXCEED THIRTY THOUSAND THREE HUNDRED NINETY Dollars ($30,390.00) as set forth in Exhibit “A” section 4.0 (proposed costs) for all work described within the “Scope of Work” and made a part of this Agreement.
2.1 Invoices. Consultant shall submit invoices once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development)
Professional Services Agreement between
CITY OF RIPON and BASECAMP ENVIRONMENTAL, INC. Page 2 of 7
2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.
3.1 Workers’ Compensation. If Consultant employs any person, Consultant shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident.
3.2 Commercial General and Automobile Liability Insurance. Consultant shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. At the sole option of the City, the City shall be named as an additional insured and insurance shall provide primary coverage with respect to the City.
3.3 All Policies Requirements.
3.3.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 4
3.3.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development)
Professional Services Agreement between
CITY OF RIPON and BASECAMP ENVIRONMENTAL, INC. Page 3 of 7 Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
4.1 Consultant shall to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against any and all claims that arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the Consultant. Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liabilities”). Such obligations to defend, hold harmless and indemnity the City shall not apply to the extent that such Liabilities are caused by the sole negligence, recklessness, or willful misconduct of the City.
Section 5. STATUS OF CONSULTANT.
5.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Section 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.
6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.
6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development)
Professional Services Agreement between
CITY OF RIPON and BASECAMP ENVIRONMENTAL, INC. Page 4 of 7 holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.
Section 7. MODIFICATION.
7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.
7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
7.4.1 Immediately terminate the Agreement;
7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;
7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or
7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in Exhibit "A", if any, for material breach of contract by Consultant. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development)
Professional Services Agreement between
CITY OF RIPON and BASECAMP ENVIRONMENTAL, INC. Page 5 of 7 reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).
Section 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.
8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.
Section 9 MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development)
Professional Services Agreement between
CITY OF RIPON and BASECAMP ENVIRONMENTAL, INC. Page 6 of 7
9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Contract Administration. This Agreement shall be administered by Ken Zuidervaart, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.
9.6 Notices. Any written notice to Consultant shall be sent to:
Charlie Simpson
BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
Any written notice to the City shall be sent to:
Ken Zuidervaart
Community Development Director
259 N. Wilma Avenue
Ripon, CA. 95366
9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.
9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development)
Professional Services Agreement between
CITY OF RIPON and BASECAMP ENVIRONMENTAL, INC. Page 7 of 7 intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.
9.9 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
____________________________ ______________________________ Leo Zuber, Mayor Charlie Simpson,
BaseCamp Environmental, Inc.
Attest:
__________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) 1 PROJECT UNDERSTANDING
SCOPE OF WORK AND SCHEDULE
769 WEST FRONTAGE ROAD
PROPOSED CONVENIENCE STORE, FUELING
STATION AND RETAIL COMMERCIAL DEVELOPMENT
MAJOR SITE PLAN APPROVAL
RIPON, CA
1.0 PROJECT UNDERSTANDING
The project involves proposed commercial development the 1.6-acre site. The project would include a 4,000 sq ft convenience store, a fueling canopy, 12 fueling positions (at six dispensers)and a standalone 6,000 sq ft retail commercial building. The proposed project site, Assessor’s Parcel No. 261-63-014, is designated and zoned for general commercial development by the City of Ripon, consistent with the proposed project.
Major site plan review is required for the proposed uses. No tenants are identified in the project application.
Access to the property to be developed is provided by adjacent Arc Way and West Frontage Road. The site is bordered on the west by existing heavy commercial development, a contractor storage yard. Sewer and waterservice to the project would be provided by the City from existing lines in the adjoining streets. Likewise, storm drainage, after on-site treatment and storage, would be discharged to existing City facilities.
The required Major Site Plan review and approval of the proposed development are considered discretionary approvals which are subject to CEQA. The City of Ripon is the CEQA Lead Agency; it is assumed for the purposes of this proposal that an Initial Study leading to a Mitigated Negative Declaration is the likely CEQA document. The project is not expected to involve significant and unavoidable environmental effects. Provisions for addressing the range of potential environmental concerns in an Initial Study/Mitigated Negative Declaration are described in the following Scope of Work.
Traffic operational concerns would be addressed by BaseCamp subcontractor Jonathan Flecker, formerly of KD Anderson and Associates. Otherwise, BaseCamp Environmental (BaseCamp) would use in-house staff to prepare and assist the City with preparation and processing of the CEQA IS/MND. The proposed scope of work and schedule for CEQA document preparation is discussed in more detail below.
1.0 PROPOSED APPROACH AND SCOPE OF WORK
1.1 INITIAL MEETINGS AND PROJECT COORDINATION
BaseCamp will participate in an initial meeting and then ongoing coordination meetings with the applicant, the City of Ripon and other agencies as required to refine the scope of CEQA analysis under the California Environmental Quality Act (CEQA). This work will include collection and initial review of environmental data, coordination with technical Exhibit "A" 1.4.A.a
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) 2 subcontractorsthat may be needed, definition of additional requirementsfor preparation of environmental reports, and other documentation required for completion of the City’s CEQA review process.
1.2 PREPARATION OF CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Initiation: Preparation of the IS/MND will begin with an initial meeting with City staff to share the most recent information and perspectives on the project, the scope of work, issues and concerns and schedule.
During preparation of the IS/MND, BaseCamp will meet or teleconference with City staff as directed by the City to share information, review progress on the project and address questions and concerns.
Project Description: BaseCamp will prepare a written description of the project using the information provided in the project application and exhibits. The project objectives, major elements and timing of development will be described using text and graphics. The Project Description will include the project location, a description of the physical elements of the project, proposed and potential future development of the site, and the area and volume of potential land disturbance. Graphics illustrating the proposed project will be derived from applicant drawings submitted to the City for approval.
Subcontractors: BaseCamp will retain Jonathan Flecker to prepare an traffic operations analysis of the project per the attached proposal. It is assumed that no biological or archaeological resources reports will be necessary. Biological Impacts and mitigation, if needed, will be handled by participation in the San Joaquin County Multi-Species Open Space and Habitat Conservation Plan (SJMSCP). BaseCamp will obtain an archaeological record search and determination of the archaeological sensitivity of the site from the Central California Information Center record search. Provided that the record search indicatesthe site sensitivity islow or medium, no on-site survey will be performed.
The CEQA document for this project is not believed to require any other technical studies or subcontractors. Should it later be determined that additional technical studies or subcontractors are needed, this scope of work and cost estimate will need to be amended.
Environmental Impact Analysis: BaseCamp will collect available environmental data for inclusion in the IS/MND. The information collection process will include detailed review of information available from the project application; aerial photography and online mapping; the existing and proposed update of the Ripon General Plan and General Plan EIR; the City’s latest Municipal Services Review; and CEQA documents prepared for other projects in the project area; one or more site visits; interviews with City public works and engineering staff and with the project engineers; contacts with agencies with applicable environmental data or with service responsibility to the project; and other sources.
BaseCamp will be responsible for reviewing environmental documents prepared for redevelopment plans, general plans, and specific plans to determine if any previously imposed mitigation measures are applicable to the project.
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) 3 Environmental data will be compiled in Environmental Setting sections for each environmental discipline addressed in the following Proposed Outline.
Levels of significance will be based on comparison with the “significance thresholds” contained in the Initial Study checklist questions or other significance thresholds if identified by the City. The significance evaluation will include consideration of existing statutes, regulations and routinely-applied policies that have the potential to result in avoidance or substantial reduction in potential environmental effects. Effects not found to be significant will be identified, noting the reasons for the finding. The analysis will address potential for cumulative and growth-inducing impacts as well as any other subjects required by CEQA.
Mitigation: If potentially significant environmental effects are identified that cannot be reduced to a less than significant level by existing statutes, regulations and routinelyapplied policies, BaseCamp will identify and describe available feasible mitigation measures that could be effective in addressing those effects. The document will identify the potential impact to be mitigated, the proposed mitigation, and the level to which potential environmental effects would be reduced by the proposed mitigation.
Initial Study: The analysis will be compiled in an Initial Study document as outlined above and incorporating the most recent CEQA Environmental Checklist Form. The Checklist will be supplemented with narrative text describing the project, the environmental setting, the impact analysis and results, and mitigation measures. A Summary will briefly list potentially significant impacts, mitigation measures and the significance of impacts before and after mitigation.
BaseCamp staff will carefully review the information and analysis compiled in the Initial Study and determine whether that evidence providessubstantial support for preparation a Mitigated Negative Declaration, or whether additional study is required. If warranted, a Mitigated Negative Declaration will be prepared by BaseCamp for consideration by the City staff decision-makers. If this is not the case, BaseCamp will forward the Initial Study to the City with its recommendations for further action as appropriate. The remainder of this scope of work assumes that a Mitigated Negative Declaration will be the appropriate document for the project. If some other type of document is determined to be required, this proposal may need to be modified.
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) 4 PROPOSED OUTLINE
PROPOSED INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION
MITIGATED NEGATIVE DECLARATION
CHAPTER 1 INTRODUCTION AND SUMMARY
CHAPTER 2 PROJECT DESCRIPTION
CHAPTER 3 ENVIRONMENTAL CHECKLIST FORM
1. Aesthetics
2. Agricultural Resources
3. Air Quality
4. Biological Resources
5. Cultural Resources
6. Energy
7. Geology and Soils
8. Greenhouse Gases
9. Hazards and Hazardous Materials
10. Hydrology and Water Quality
11. Land Use and Planning
12. Mineral Resources
13. Noise
14. Population and Housing
15. Public Services
16. Recreation
17. Transportation/Traffic
18. Tribal Cultural Resources
19. Utilities and Service Systems
20. Wildfire
21. Other Issues (if any)
22. Mandatory Findings of Significance
CHAPTER 4 SOURCES
CHAPTER 5 NOTES RELATED TO EVALUATION OF ENVIRONMENTAL
IMPACTS
APPENDICES
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) 5 Administrative Draft IS/MND: BaseCamp will compile an administrative review draft of the Initial Study/Mitigated Negative Declaration document and submit it, together with copies of all technical studies or related technical materials, to the City for administrative review, comment, and approval for publication or further revision. If approved, a copy of the documents may also be provided to the project applicant.
BaseCamp will revise the IS/MND and related documents based on comments received from the City and re-submit the IS/MND documents for further review and approval. It is assumed that one administrative drafts of the IS/MND would be required before the Public Review Draft IS/MND can be published.
The Administrative IS/MND will be provided for City staff review as an electronic file, and City comments may be returned as pdf notes or comments, or in some other agreeable format. Revisions to the IS/MND will be recorded in MS Word Track Changes Public Review Draft IS/MND: Upon City approval of the IS/MND or approval with final comments, BaseCamp will make final revisions to the IS/MND and submit the electronic document to the City for public review circulation. As provided in the City’s guidelines, BaseCamp will submit 5 hard copies and ten
Required Notices and Circulation of Public Review Draft: BaseCamp will coordinate with and assist City staff in administration of the public review process as requested.
BaseCamp will prepare and submit drafts of the following required CEQA notices:
Notice of Intent
Notice of Completion (if State Clearinghouse review required) Mitigation Monitoring/Reporting Program
Notice of Determination
Unless the City prefers otherwise, BaseCamp will be responsible for filing the Notice of Completion and the IS/MND with the State Clearinghouse and provide evidence of filing to the City. BaseCamp can file the Notice of Intent with the County Clerk, and arrange for publishing the NOI in a newspaper of general circulation. At the City’s option, BaseCamp can file of the Notice of Determination. Filing fees will be the responsibility of the project applicant.
BaseCamp will maintain all materials referenced in the IS/MND and promptly provide such materials to the City upon City request.
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Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) 6 Final IS/MND: BaseCamp will evaluate public and agency comments on the Public Review Draft IS/MND in consultation with City staff. BaseCamp will prepare a Final IS/MND consisting of:
Introduction
Summary from the Public Review Draft IS/MND
Comments and Responses to Comments
Errata (describing any changes to the Draft IS/MND necessitated by public comment)
If warranted by lack of comment, the Public Review Draft IS/MND may be republished as the Final IS/MND, including the above content. An administrative version of the Final IS/MND will be submitted to City for review and comment, and the documents will be revised as required. The Final IS/MND will be submitted electronically to City for distribution to decision-makers.
Mitigation Monitoring Plan: BaseCamp will prepare a Mitigation Monitoring and Reporting Plan (MMRP) for the project. This document will also be submitted to City staff for administrative review and revised as required by City comment. The MMRP will be submitted electronically to the City for distribution to decision-makers.
Public Meeting Attendance: BaseCamp Principal Charlie Simpson will attend up to two public (Planning Commission, City Council) meetings to present, answer questions and discuss issues related to the IS/MND. BaseCamp will attend additional meetings, as requested, on an extra cost basis.
Notice of Determination: The CEQA process will conclude with the filing of a Notice of Determination (NOD) with the County Clerk within five days of project approval.
BaseCamp will prepare the NOD for filing by the City, and file it on the City’s request. NOD filing fees will need to be provided by the applicant.
3.0 COMPLETION SCHEDULE
BaseCamp will complete the required documentation within a schedule to be determined in cooperation with the City. Task times can be adjusted as required to conform to the following guidelines.
Submit Administrative Draft IS/MND 8 weeks
Initial City Administrative Review 2 weeks
Revise IS/MND and Resubmit 1 week
City Review #2 2 weeks
Final Revisions IS/MND, Submit Public Review Draft IS/MND 1 weeks Public Review Period 3-5 weeks
Prepare Final IS/MND, MMRP 2 weeks
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Packet Pg. 100 Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) 7 4.0 COST PROPOSAL
BaseCamp will prepare the IS/MND, including the above-described subcontractorstudies, for an estimated fee of $30,390.00, including one ssubcontractor, at cost, and other expenses.
Labor and expenses will be billed progressively on a Time and Materials basis per the BaseCamp Environmental 2023 Rate and Charge Schedule, attached.
LABOR HOURS COST
Initial Study / Negative Declaration)
Initiation, Meetings, Project Management 10 $1,930.00
Prepare Administrative Draft IS/MND 71 $12,110.00
Revise, Prepare Public Review Draft IS/MND 17 $2,745.00 Public Review, Distribution, Notices 13 $1,885.00
Final Documents, Response to Comments 12 $2,000.00
Mitigation Monitoring/Reporting Program 8 $1,320.00
Public Meeting Attendance 4 $900.00
TOTAL LABOR 135 $22,890.00
EXPENSES
Mileage $150.00
In-House Copies $50.00
Miscellaneous (Cost+10%) $100.00
Subcontractors, Jonathan Flecker (at cost) $7,200.00
TOTAL EXPENSES $7,500.00
TOTAL PROPOSED COST $30,390.00
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Packet Pg. 101 Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) 8 STANDARD SCHEDULE OF RATES AND CHARGES
BASECAMP ENVIRONMENTAL, INC.
2023
HOURLY FEES FOR PERSONNEL
Principal $225
Senior Planner $180
Project Planner $165
Assistant Environmental Planner $145
Graphics Technician $125
Document Processing $125
COPYING CHARGES
Charges for copying by BaseCamp Environmental will be charged as follows:
Copies (b/w) $0.15/page
Copies (color) $0.25/page
EXPENSES
Subcontractor charges and other materials and services purchased by BaseCamp in connection with services provided under this Agreement will be invoiced at actual cost plus 10%. Materials and services include but are not limited to costs for subcontractor services, travel and subsistence, insurance certificates necessitated by the job, document and map reproduction, computer time, telecommunications, out-of-house fax, rented or leased equipment, supplies, and postage and shipping expenses.
NOTE REGARDING PROJECT APPLICATION AND PROCESSING FEES
CLIENT is responsible for payment of all application fees, processing fees or other projectrelated charges imposed by government agencies, including payment of California Department of Fish and Wildlife CEQA fees at the filing of the Notice of Determination https://wildlife.ca.gov/Conservation/Environmental-Review/CEQA/Fees.
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Packet Pg. 102 Attachment: Professional Services Agreement (4117 : Basecamp Environmental, Inc - Arc Way Development) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 01/09/2024
Subject: HCS Engineering, Inc.
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Professional Services Agreement with HCS Engineering, Inc. to provide electrical engineering services required for the Electrical Vehicle Charging Station Project in the not to exceed amount of $3,600 (funding source: General Department Capital Fund).
BACKGROUND:
Council approved the request to apply for funds to install electric vehicle charging stations at City Hall and the new Corporation Yard through the Congestion Mitigation & Air Quality/Carbon Reduction Program (CMAQ/CRP) Call for Projects on April 11th, 2023. The scope of this project is to install ten electric vehicle charging stations. Five charging stations will be installed at the City’s Fleet Maintenance Facility and five charging stations will be installed at City Hall.
The grant amount received for this project is $528,000 of CRP funds which will be used during project construction. The City is required to contribute $68,408 of local match funds towards the project which will be funded through the General Department Capital Fund. A portion of the City’s local match funds will be used for the project design phase. The Electric Vehicle Charging Station Project is expected to go to bid in Fall 2024. The grant and local match funds are estimated to be sufficient to fund the project through construction.
DISCUSSION/ANALYSIS:
Electrical design work is required for the Electric Vehicle Charging Station Project. HCS Engineering, Inc. has provided a proposal for the services in the amount of $3,600. HCS Engineering Inc. has provided the City with several successful electrical design projects in the past.
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FINANCIAL IMPACT:
The attached Professional Services Agreement with HCS Engineering, Inc. includes a detailed time and material proposal outlining the tasks as Exhibit A. The cost to complete the work within the proposal is for a not-to exceed amount of $3,600 which will be funded by the General Department Capital Fund.
Attachments:
1. Services Agreement_HCS Engineering, Inc.pdf
1.4.B
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Professional Services Agreement - Page 1 of 7
Electrical Vehicle Charging Station
HCS Engineering, Inc.
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
HCS ENGINEERING, INC.
This Agreement for Professional Services (“Agreement”) is entered into on, January 9, 2024 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and HCS Engineering, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).
Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform all services described in the Consultant’s Scope of Services attached hereto as Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, which ever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,
1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services in connection with this Agreement.
1.4 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services satisfactorily completed as of the date that written notice of termination is received by consultant; City, however, may condition payment of such compensation upon Consultant delivering to City documents and records identified in Section 8.1 of this Agreement.
Section 2. COMPENSATION.
City hereby agrees to pay Consultant an amount NOT TO EXCEED THREE THOUSAND SIX HUNDRED DOLLARS ($3,600) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.
2.1 Invoices. Consultant shall submit invoices as necessary during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
2.2 Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred.
2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
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Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)
3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
Consultant’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
3.2 Workers’ Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
3.3 Auto Liability. Consultant shall provide auto liability coverage for owned, nonowned, hired and non-hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate.
Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
3.5 All Policies Requirements.
3.5.1 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; (2) certified policy endorsements to the general liability policy adding the City of Ripon as an Additional Insured and declaring such insurance primary in regard to work performed pursuant to this Agreement; or (3) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 3.
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3.5.2 Notice of Reduction in or Cancellation of Coverage. A copy of the cancellation provisions must be attached to all insurance obtained in accordance with this Agreement.
Section 4. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. (Rev 3/18)
4.1 Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.
4.2 Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
Section 5. STATUS OF CONSULTANT.
5.1 Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City.
Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Section 6. LEGAL REQUIREMENTS.
6.1 Governing Law. The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws. Consultant and any sub-Consultants shall comply with all laws applicable to the performance of the work in connection with this Agreement.
6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits, qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.
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6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
6.5 Work Requiring Payment of Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement.
Section 7. MODIFICATION.
7.1 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
7.2 Assignment and Subcontracting. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the sub-Consultants noted in the proposal, without prior written approval of the City.
7.3 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
7.4 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
7.4.1 Immediately terminate the Agreement;
7.4.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant in accordance with this Agreement;
7.4.3 Retain a different Consultant to complete the work described in said scope of work not finished by Consultant; or
7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in Exhibit A, if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is
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budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).
Section 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City. This clause does not include instruments of service.
8.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party").
The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.
Section 9 MISCELLANEOUS PROVISIONS.
9.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
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9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Contract Administration. This Agreement shall be administered by Kevin Werner, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.
9.6 Notices.
Any written notice to Consultant shall be sent to:
Richard C. Smith, P.E.
Electrical Engineer
HCS Engineering, Inc.
4512 Feather River Drive, #F
Stockton, CA 95219
Any written notice to the City shall be sent to:
Mr. Kevin Werner
Administrator/City Engineer
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
9.7 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. All Exhibits attached hereto are incorporated by reference herein.
9.8 Alternative Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. If dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq.
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Packet Pg. 110 Attachment: Services Agreement_HCS Engineering, Inc.pdf (4110 : HCS Engineering, Inc.)
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Packet Pg. 111 Attachment: Services Agreement_HCS Engineering, Inc.pdf (4110 : HCS Engineering, Inc.) HCS Engineering, Inc.*4512 Feather River Drive #F*Stockton CA 95219*209-478-8270*www.hcseng.com HCS Engineering December 14th, 2023
Christiana Giedd
Senior Civil Engineer
City of Ripon
259 N. Loma Ave
Ripon, CA 95366
Re: City of Ripon 10 EV Chargers
Electrical Engineering Proposal
Dear Christiana,
On the above-noted project the following is our fee proposal to provide Electrical Engineering Services for this project.
Scope of work to be:
1. Site visits to review existing site for Electrical requirements, location for EV Charger placement, location (2 sites).
2. Design site work involved with the connection of the chargers.
3. Provide any interpretation, or technical explanation or field design change/clarification that may arise during Plans Examination by the City or from Contractors or performing construction in accordance with the design.
Our fees for carrying out the above work will be:
Electrical Engineering $2800
Site Visit $800
Total $3600
This fee expires in 90 days.
Not Included:
A. PG&E service Application
B. CAD files to be provided to HCS Engineering, Inc for our use.
Billing and payments for services rendered will be monthly based on percentage of work completed.
Should the project be postponed or abandoned, in all or part we would bill up to the time of notification based on percentage of work completed.
Note: If billing is to be sent to a third party, we require that information and a 50% retainer.
If you find this proposal acceptable please acknowledge your acceptance of our proposal by signing the authorization to proceed and returning a copy to our office by either fax at (209) 478- 2169 or through email to [email protected].
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Packet Pg. 112 Attachment: Services Agreement_HCS Engineering, Inc.pdf (4110 : HCS Engineering, Inc.) HCS Engineering, Inc.*4512 Feather River Drive #F*Stockton CA 95219*209-478-8270*www.hcseng.com HCS Engineering
City of Ripon 10 EV Chargers
Electrical Engineering Proposal
Please don’t hesitate to call if you have any questions.
Sincerely,
HCS Engineering, Inc.
Richard C. Smith, P.E.
Electrical Engineer
By signing this, I state that I am authorized representative to sign for the company/partnership/corporation/limited liability company/government agency as indicated in this document and agree to the terms and conditions set out in this proposal.
Approved:
X____________________________________
Authorized Signature Date
_____________________________________
Name , Title and Company
Third Party Billing Information
Name of Contact:__________________________
Company Name:___________________________
Address:_________________________________
Street& Suite
_________________________________
City, State, & Zip Code
Phone Number:___________________________
Email:_________________________________
Please tick if the 50% Retainer Sent has been
Sent.
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Packet Pg. 113 Attachment: Services Agreement_HCS Engineering, Inc.pdf (4110 : HCS Engineering, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/09/2024
Subject: Poet Laureate Agreement
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Grant Agreement for the City of Ripon Poet Laureate program and direct staff to draft a Memorandum of Understanding with the Ripon Arts League to administer the program.
BACKGROUND:
The Library & Literacy Foundation for San Joaquin County (“Foundation”) – a philanthropic organization administered by the San Joaquin Community Foundation – has expressed an interest in providing a $15,000 grant over the next three years to the City of Ripon to help establish its’ first City Poet Laureate Program.
Many cities throughout the state and nation have established City Poet Laureate programs to inspire and remind local communities about the power and beauty of poetry and the importance of literacy in our communities and schools. The Board of Directors of the Foundation (“Board”) believes that a Poet Laureate Program also invests in each city’s human capital and talent to build its capacity for advocacy for reading and the literary arts. In 2020, the Board pre-approved funding to all cities in San Joaquin County to establish City Poet Laureate programs. Since then, the Board has been successful in providing grant funding to establish Poet Laureate programs for the City of Lodi, the City of Manteca, and is currently working with the City of Tracy.
On September 23, 2023, the City Council directed staff to move forward with establishing a City Poet Laureate Program.
DISCUSSION/ANALYSIS:
The Foundation has provided a Grant Agreement that includes the conditions of accepting the grant for the City’s Poet Laureate Program, which are summarized below:
Grant amount of $15,000 related to the expenses incurred over the time period of January
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1, 2024 to December 31, 2026.
City Poet Laureate Program objectives include one poem per year dedicated to the City of Ripon; partnering with the Ripon Library to host teen events; holding literacy events with Ripon Unified School District and/or Ripon Christian Schools; hosting early childhood literacy programs; free poetry workshops; and hosting public readings of original poetry. City will maintain financial records showing the grant funds and associated expenses along with a report at the end of the grant period summarizing all objectives that have been completed during the grant period.
Following the discussion at the September 2023 City Council meeting, the Ripon Arts League has expressed an interest in assisting the City to administer the Poet Laureate Program, including coordinating with Ripon Unified School District and Ripon Christian Schools. Staff is recommending the City Council direct staff to draft a Memorandum of Understanding with the Ripon Arts League defining the responsibilities between the City and the Ripon Arts League and bring back to the City Council at the February meeting for consideration.
FISCAL IMPACT:
The administrative cost to administer this program is estimated to be less than $2,000, which will be paid by the General Fund.
Attachments:
1. Grant_Agreement_City of Ripon_Poet Laureate 11.15.23
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Library & Literacy Foundation for San Joaquin – Grant #23-1002 Page 1 of 7 Library & Literacy Foundation for San Joaquin
GRANT AGREEMENT
This Grant from the Library & Literacy Foundation for San Joaquin (the “Foundation”) is to be used only for the purposes described below and is subject to your acceptance of the conditions specified below. This Agreement will be effective when it has been signed by an authorized representative of your organization and a signed copy is received by the Foundation (electronic PDF acceptable.) Grantee: City of Ripon
Grant Amount: $15,000 ($5,000 per year)
Grant Number:
Time Period:
23-1002
January 1, 2024 – December 31, 2026. Only expenses related to this time period may be charged against grant funds.
Project Title: City of Ripon, Poet Laureate Program
Project
Description:
Establish a Poet Laureate Program to support Ripon literacy programs and foster appreciation for poetry to engage the community in promoting the importance of poetry and literacy in a fun and accessible way.
Objective(s): • Composing one poem per year dedicated to the City of Ripon and reading at a City Council meeting.
• Partnering with the Ripon Library to host teen events such as spoken word events, poetry slams, or book clubs.
• Holding literacy events with the Ripon Unified School District and/or Ripon Christian Schools.
• Hosting early childhood literacy programs, including story time, at the Ripon Library.
• Providing a free poetry workshop to the general public at the Ripon Library. • Hosting public readings of original poetry
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Packet Pg. 116 Attachment: Grant_Agreement_City of Ripon_Poet Laureate 11.15.23 (4015 : Poet Laureate Agreement) Library & Literacy Foundation for San Joaquin – Grant #23-1002 Page 2 of 7 I. IRS DETERMINATION
This grant is specifically conditioned upon Grantee’s status as an eligible grantee of the Foundation.
Grantee is a political subdivision or instrumentality of government that is tax-exempt under section 170(c)(1) of the Internal Revenue Code.
II. GRANTEE’S FINANCIAL RESPONSIBILITIES
Grantee shall treat grant funds as restricted assets and shall maintain books to show the grant funds separately. All expenditures made in furtherance of the purposes of the grant shall be charged off against the grant and shall appear on Grantee's books. Grantee shall keep adequate records to substantiate its expenditures of grant funds. Grantee is expected to maintain complete and accurate financial records of revenues and expenditures relating to the grant for at least four (4) years after the Grantee has expended the last of the grant funds. In the event that the Foundation is audited by any government agency, it may be necessary, in rare instances, for the Foundation to examine, audit, or have audited the records of Grantee insofar as they relate to activities supported by this grant. Any expenses related to such activities will be borne by the Foundation.
III. REPORTING
To enable the Foundation to evaluate the effectiveness of this grant, Grantee shall submit to the Foundation a written report for any annual accounting period of Grantee during which Grantee receives, holds, or spends any of the grant funds. If more than one report is required, the final report shall outline Grantee’s use of all grant funds and charitable activities from the date of the initial disbursement of this grant until Grantee expended the last of the grant funds.
IV. EXPENDITURE OF GRANT FUNDS
The grant is for the purpose(s) stated in this agreement. Grant funds may be expended only in accordance with the terms set forth herein. Grant funds may not be expended for any other purpose without prior written approval by the Foundation. Grantee shall repay to the Foundation any portion of the grant funds which is not spent or committed for the purposes stated in this agreement. Permission to make any major change (line items added or deleted or transfers among line items greater than 20 percent of the approved line item amount) to the approved budget must be requested in writing, and approved by the Foundation in advance of the implementation of the change.
Grantee shall not use any portion of the grant to participate or intervene in any political campaign on behalf of or in opposition to any specific candidate for public office, to induce or encourage violations of law or public policy, to cause any private inurement or improper private benefit to occur, or to take any other action inconsistent with Code Section 501(c)(3). Grantee shall not use any portion of the grant funds to support any form of violent political activity, terrorists, or terrorist organizations. Grantee shall not use any portion of the grant for reportable or disclosable activities under applicable state or local campaign finance disclosure or election laws, such as ballot measure contributions.
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Packet Pg. 117 Attachment: Grant_Agreement_City of Ripon_Poet Laureate 11.15.23 (4015 : Poet Laureate Agreement) Library & Literacy Foundation for San Joaquin – Grant #23-1002 Page 3 of 7 The grant shall not be used in any attempt to influence legislation within the meaning of Section 4945(e) of the Code, and neither the Foundation nor the Grantee has entered into any agreement, oral or written, to that effect. This prohibition shall not prevent Grantee from using grant funds for communications that do not qualify as lobbying under federal tax law, such as communications with legislators that do not refer to any specific legislation or that refer to legislation without reflecting any view on it; Grantee may also use grant funds for communications that qualify for any exception to the definition of lobbying under federal tax law, such as nonpartisan analysis, study, or research, or certain responses to requests from a legislative or government agency for comments on legislation.
V. NO PLEDGE
Neither this Agreement nor any other statement, oral or written, nor the making of any contribution or grant to Grantee shall be interpreted to create any pledge or any commitment by the Foundation or by any related person or entity to make any other grant or contribution to Grantee or any other entity for this or any other project. The grant contemplated by this Agreement shall be a separate and independent transaction from any other transaction between the Foundation and Grantee or any other entity.
VI. PUBLICATIONS; LICENSES
Any information contained in publications, studies, or research funded by this grant shall be made available to the public in electronic form following such reasonable requirements or procedures as the Foundation may establish from time to time. Grantee grants to the Foundation an irrevocable, nonexclusive license to publish any publications, studies, or research funded by this grant at its sole discretion.
VII. ANTI-DISCRIMINATION
Grantee agrees that, in the performance of this Agreement, it will not unlawfully discriminate in its employment practices, volunteer opportunities, or the delivery of programs or services, on the basis of race, color, religion, gender, national origin, ancestry, age, medical condition, handicap, veteran status, marital status, sexual orientation, or any other characteristic protected by law.
VIII. USE OF SUBGRANTEES OR CONTRACTORS
With regard to the selection of any subgrantee necessary to carry out the purposes of the grant, Grantee retains full discretion and control over the selection process, acting completely independently of the Foundation. There is no agreement, written or oral, by which the Foundation may cause Grantee to choose any particular subgrantee or contractor. Specifically, the Foundation is not earmarking Grant funds for any particular consultant or third party selected by Grantee and named in Grantee's grant proposal, and the final selection of such consultants or third party service providers is within the discretion of Grantee. Any references in Grantee's proposed budget to specific named third parties who are projected to receive service fees from Grant funds, are understood by the Foundation to be statements of Grantee's current intent, and the final selection of such third parties and the terms their engagement by Grantee (including the amount of fees) is within Grantee's discretion and control.
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Packet Pg. 118 Attachment: Grant_Agreement_City of Ripon_Poet Laureate 11.15.23 (4015 : Poet Laureate Agreement) Library & Literacy Foundation for San Joaquin – Grant #23-1002 Page 4 of 7 IX. PUBLICITY, PUBLICATIONS, AND COMMUNICATIONS
The Foundation should be recognized for its support of your work in your public communications about the funded project or activities. For example, please note the Foundation’s support on any websites or web pages about the project and in any announcements or other materials funded by this grant. The Foundation grants the use of a special fund logo as part of this recognition, and Grantee should endeavor to use this logo when crediting the Foundation.
If you believe that publicly recognizing the Foundation’s funding of your work may not be appropriate — either for the Grantee or the Foundation — please contact the Foundation to discuss options.
X. INDEMNIFICATION
In the event that a claim of any kind is asserted against the Grantee or the Foundation related to or arising from the project funded by the grant and a proceeding is brought against the Foundation by reason of such claim, the Grantee, upon written notice from the Foundation, shall, at the Grantee’s expense, resist or defend such action or proceeding, at no cost to the Foundation, by counsel approved by the Foundation in writing.
Grantee hereby agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Foundation, its officers, directors, employees, and agents, from and against any and all claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) directly, indirectly, wholly, or partially arising from or in connection with any act or omission by Grantee, its employees or agents, in applying for or accepting the grant, in expending or applying the grant funds, or in carrying out any project or program supported by the grant, except to the extent that such claims, liabilities, losses, and expenses arise from or in connection with any act or omission by the Foundation, its officers, directors, employees, or agents.
XI. NO AGENCY
Grantee is solely responsible for all activities supported by the grant funds, the content of any product created with the grant funds, and the manner in which any such product may be disseminated. This Agreement shall not create any agency relationship, partnership, or joint venture between the parties, and Grantee shall make no such representation to anyone.
XII. FURTHER ASSURANCES
Grantee acknowledges that it understands its obligations imposed by this Agreement, including but not limited to those obligations imposed by reference to the Code. Grantee agrees that if Grantee has any doubts about its obligations under this Agreement, including those incorporated by reference to the Code, Grantee will promptly contact the Foundation.
The Foundation will not distribute Grantee materials (grant proposal, grant reports) to any outside party, unless required by law, without written consent of the Grantee.
XIII. NO WAIVERS
The failure of the Foundation to exercise any of its rights under this Agreement shall not be deemed a waiver of such rights.
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Packet Pg. 119 Attachment: Grant_Agreement_City of Ripon_Poet Laureate 11.15.23 (4015 : Poet Laureate Agreement) Library & Literacy Foundation for San Joaquin – Grant #23-1002 Page 5 of 7 XIV. TERMINATION
The Foundation, at its sole option, may terminate this agreement or withhold payments, or both, at any time, if, in the Foundation’s judgment: a) the Foundation is not satisfied with the quality of the Grantee’s progress toward achieving the project goals; b) the Foundation is of the opinion that the Grantee is incapable of satisfactorily completing the project or has ceased to be an appropriate means of accomplishing the purposes of the grant; c) the Grantee dissolves or fails to operate; or d) the Grantee materially fails to comply with the terms and conditions of this agreement, including but not limited to failure to submit reports when due. If termination occurs prior to the scheduled end date, the Grantee shall, upon request by the Foundation, provide to the Foundation a full accounting of the receipt and disbursement of funds and expenditures incurred under the grant as of the effective date of termination.
Within sixty (60) days after written request by the Foundation, the Grantee shall remit all grant funds unexpended as of the effective date of termination. The Foundation may also avail itself of any other remedies available at law.
XV. LIMITATION
This Agreement contains the entire agreement between the parties with respect to the Grant and supersedes any previous oral or written understandings or agreements. It is expressly understood that by making this Grant, the Foundation has no obligation to provide other or additional support to the Grantee for purposes of this project or any other purposes.
XVI. GOVERNING LAW
This Agreement will be governed by and interpreted in accordance with the substantive laws of the State of California. Any laws that direct the application of another State’s law to this Agreement will be disregarded.
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Packet Pg. 120 Attachment: Grant_Agreement_City of Ripon_Poet Laureate 11.15.23 (4015 : Poet Laureate Agreement) Library & Literacy Foundation for San Joaquin – Grant #23-1002 Page 6 of 7 XVII. ACCEPTANCE OF TERMS AND CONDITIONS
On behalf of the Library & Literacy Foundation for San Joaquin, I extend every good wish for the success of this project.
By:
Frances Richardson
President, Library & Literacy Foundation for San Joaquin January 4, 2024
I acknowledge that the Grantee has received and retained a copy of this document. The above terms and conditions are hereby accepted and agreed to as of the date specified.
Accepted on behalf of the City of Ripon.
By:
Signature of Authorized Mayor
Name:
Title:
Date:_____________________________________________
1.4.C.a
Packet Pg. 121 Attachment: Grant_Agreement_City of Ripon_Poet Laureate 11.15.23 (4015 : Poet Laureate Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 01/09/2024
Subject: Electronic Message Center Usage Policy
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the resolution adopting the Electronic Message Center Usage Policy.
BACKGROUND:
In June of this year, 2023, the City Council approved the purchase and installation of an electronic message center (EMC) sign to be located in front of City Hall adjacent to Wilma Avenue. United Signs has installed the sign and is now awaiting an electrician to run power to energize the new sign, which is anticipated to take place the second week of January.
DISCUSSION/ANALYSIS:
City staff put together a draft Electronic Message Center Usage Policy template that City Council reviewed at their December City Council meeting. At that meeting staff received direction from the Council regarding some minor changes to the draft policy. The changes have been incorporated into this final version and the Electronic Message Center Usage Policy is now ready for final adoption.
FISCAL IMPACT:
None.
Attachments:
1. City of Ripon Electronic Message Center Policy - clean version
2. City of Ripon Electronic Message Center Policy - redlined version
2.A
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RESOLUTION NO. 24-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ADOPTING THE ELECTRONIC MESSAGE CENTER
USAGE POLICY
WHEREAS, at the June 13, 2023 City Council meeting, the City Council approved the purchase and installation of an Electronic Message Center sign to be located in front of City Hall adjacent to Wilma Avenue; and
WHEREAS, the City of Ripon recognizes that there may be interest from public agencies and Ripon nonprofit organizations to display messages on the Electronic Message Center sign; and
WHEREAS, the City Council of the City of Ripon is desirous of having a process in place to establish the City of Ripon’s guidelines for the use of this Electronic Message Center sign and any future message center signs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon approves the Electronic Message Center Usage Policy attached as Exhibit “A”.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 9th day of January, 2024, by the following vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER:Dean Uecker, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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Exhibit “A”
City of Ripon
Electronic Message Center Usage Policy
This policy establishes the City of Ripon’s guidelines for the use of the Electronic Message Center (EMC). This policy applies to the City of Ripon and applicants requesting to post a message on the EMC.
Guiding Principles:
The EMC will be operated and maintained by the City of Ripon. The EMC will be used to share important community announcements and community events.
The EMC will not be used to directly or indirectly:
o endorse or promote a political campaign, candidate, or ballot measure; or o solicit, advertise, promote or endorse any commercial, financial or religious agency or organization.
The EMC will not be used for business or personal advertising, personal messages of congratulation, birthdays, graduations, births, retirements, anniversaries, thank you messages or any message of a personal nature.
Messages posted to the ECM must comply with applicable federal, state, county, and City laws, ordinances, regulations, and policies.
The EMC will be operated in full compliance with Chapter 16.172 of the Ripon Municipal Code.
Use of EMC by Other Organizations:
The EMC may be used by local government agencies, including Ripon Consolidated Fire District, Ripon Unified School District, South San Joaquin Irrigation District, County of San Joaquin, and State and Federal legislative organizations. The EMC may be used by Ripon local nonprofit organizations that are registered on the City of Ripon’s Master List of Nonprofit Agencies.
Religious agencies registered on the City of Ripon’s Master List of nonprofit agencies may advertise annual community wide events, such as Vacation Bible Schools, Trunk or Treat events, Easter Egg Hunts, Church Fairs, etc. However, corporate church worship services and weekly events such as youth group activities are prohibited. Local government agencies and Ripon local nonprofit organizations shall only request to display messages or announcements for events taking place in the City limits that are available to the general public.
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Packet Pg. 124 Attachment: City of Ripon Electronic Message Center Policy - clean version (24-5 : Electronic Message Center Usage Policy) Local government agencies and Ripon local nonprofit organizations shall submit an application with the information requested to be displayed, in an approved format, to the City Clerk a minimum of thirty (30) days prior to the date requested to begin being displayed. No information may be submitted by telephone. The maximum duration any message from a local government agency or Ripon local nonprofit will be displayed is thirty (30) days.
Each message shall be complete in itself and shall not continue on a subsequent message (i.e. no scrolling messages). Messages are limited to the space available on the EMC and may be edited for conciseness, clarity, and conformity to the limitations of the EMC.
All City sponsored events shall have priority as determined by the City Clerk. All other submissions will be given priority based on time received. The City of Ripon offers no guarantee with respect to appearance of messages on the EMC.
Prospective users are encouraged to use a variety of media for events and not to rely solely on the EMC.
The number of messages which appear in any given time period is limited. During busy times, the City of Ripon may elect to limit or not program submitted events.
Use of EMC by City of Ripon:
All City of Ripon departments may use the EMC to display messages. The EMC shall be used to display City of Ripon programs, events, or messages intended to inform the public of City of Ripon policies and programs. During a state, county, or local emergency, the EMC may be used to display important community information.
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Packet Pg. 125 Attachment: City of Ripon Electronic Message Center Policy - clean version (24-5 : Electronic Message Center Usage Policy) Exhibit “A”
City of Ripon
Electronic Message Center Usage Policies and Proceduresy This policy establishes the City of Ripon’s guidelines for the use of the Electronic Message Center (EMC). This policy applies to the City of Ripon and applicants requesting to post a message on the EMC.
Guiding Principles:
The EMC will be operated and maintained by the City of Ripon. The EMC will be used to share important community announcements and community events.
The EMC will not be used to directly or indirectly:
o endorse any person or organization that is not associated with the City of Ripon; o endorse or promote a political campaign, candidate, or ballot measure; or o solicit, advertise, promote or endorse any commercial, financial or religious agency or organization.
The EMC will not be used for business or personal advertising, personal messages of congratulation, birthdays, graduations, births, retirements, anniversaries, thank you messages or any message of a personal nature.
Messages posted to the ECM must comply with applicable federal, state, county, and City laws, ordinances, regulations, and policies.
The EMC will be operated in full compliance with Chapter 16.172 of the Ripon Municipal Code.
Use of EMC by Other Organizations:
The EMC may be used by local government agencies, including Ripon Consolidated Fire District, Ripon Unified School District, South San Joaquin Irrigation District, County of San Joaquin, and State and Federal legislative organizationsrepresentatives. The EMC may be used by Ripon local nonprofit organizations that are registered on the City of Ripon’s Master List of Nonprofit Agencies.
Religious agencies registered on the City of Ripon’s Master List of nonprofit agencies may advertise annual community wide events, such as Vacation Bible Schools, Trunk or Treat events, Easter Egg Hunts, Church Fairs, etc. However, corporate church worship services and weekly events such as youth group activities are prohibited.
2.A.b
Packet Pg. 126 Attachment: City of Ripon Electronic Message Center Policy - redlined version (24-5 : Electronic Message Center Usage Policy) Local government agencies and Ripon local nonprofit organizations shall only request to display messages or announcements for events taking place in the City limits that areof Ripon available to the general public.
Local government agencies and Ripon local nonprofit organizations shall submit an application with the information requested to be displayed, in an approved format, to the City Clerk a minimum of thirty (30) days prior to the date requested to begin being displayed. No information may be submitted by telephone. The maximum duration any message from a local government agency or Ripon local nonprofit will be displayed is thirty (30) days.
Each message shall be complete in itself and shall not continue on a subsequent message (i.e. no scrolling messages). Messages are limited to the space available on the EMC and may be edited for conciseness, clarity, and conformity to the limitations of the EMC.
All City sponsored events shall have priority as determined by the City Clerk. All other submissions will be given priority based on time received. The City of Ripon offers no guarantee with respect to appearance of messages on the EMC.
Prospective users are encouraged to use a variety of media for events and not to rely solely on the EMC.
The number of messages which appear in any given time period is limited. During busy times, the City of Ripon may elect to limit or not program submitted events.
Use of EMC by City of Ripon:
All City of Ripon departments may use the EMC to display messages. The EMC shall be used to display City of Ripon programs, events, or messages intended to inform the public of City of Ripon policies and programs. During a state, county, or local emergency, the EMC may be used to display important community information.
2.A.b
Packet Pg. 127 Attachment: City of Ripon Electronic Message Center Policy - redlined version (24-5 : Electronic Message Center Usage Policy) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 01/09/2024
Subject: Stanislaus River Bike/Pedestrian Bridge Update BACKGROUND:
On October 22, 2023, a large tree located on the Ripon side of the Stanislaus River fell onto a segment of the Stanislaus River Bike/Pedestrian Bridge causing significant damage. The tree was removed immediately to relieve the weight and a structural engineer was contracted to perform an assessment. According to the analysis performed by the structural engineer, the bridge in its current condition must remain closed for the safety of the public due to the risk of failure.
Staff will discuss repair and funding options for the Stanislaus River Bike/Pedestrian Bridge moving forward.
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