Ripon City Council Minutes
TUESDAY, FEBRUARY 13, 2024 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 5:00 PM
CLOSED SESSION: The closed session meeting was called to order at 5:03 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, Mayor Leo Zuber. Absent: Vice Mayor Daniel de Graaf.
OTHERS PRESENT: City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, Planning Director Ken Zuidervaart, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code - APN: 257-300-20 and 245-180-23
(2) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 3 cases.
(3) Conference with Legal Counsel pursuant to Section 54956.9 (d)(2) of the California Government Code. - CSPA v Eastern SJ Water Authority (#CV-20-1720) Return to open session
City Attorney Terpstra said Council met in closed session to receive updates on real property negotiations and pending litigation and authorized signature for a cost sharing agreement in the CSPA v Eastern SJ Water Authority (#CV-20-1720) case. No further action was taken.
PLEDGE OF ALLEGIANCE:
The meeting was called to order at 6:05 PM with Mayor Zuber leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Mark Van Dyke gave the invocation.
City Council Page 2 February 13, 2024
ROLL CALL:
Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Absent
Gary Barton Council Member Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arais, Steven Verver, Mark Van Dyke, Ripon Boy Scout Troop 414.
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 January 9, 2024.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, Barton, Uecker, Restuccia
ABSENT: de Graaf
1. CITY COUNCIL - REGULAR MEETING - JAN 9, 2024 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Mayor Zuber requested Item 1.4.K be pulled from the Consent Calendar and tabled until the March 12, 2024 City Council Meeting.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, Barton, Uecker, Restuccia
ABSENT: de Graaf
City Council Page 3 February 13, 2024
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: Zuber, Barton, Uecker, Restuccia
ABSENT: de Graaf
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(January 2023 $281,095.43)
FY 2023-24 YTD: $2,613,179
FY 2022-23 YTD: $2,690,715
Highway Users Tax
(December 2022 $37,448.86)
FY 2023-24 YTD: $231,041
FY 2022-23 YTD: $220,135
SB1 Street & Road Tax
(January 2023 $30,089.67)
FY 2023-24 YTD: $223,991
FY 2022-23 YTD: $204,013
$276,028.75
$31,881.12
$28,816.11
TOTAL $336,725.98
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
December 2023 $1,271.90
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
October 2023
December 2023
$3,469.90
$9,904.97
TOTAL $13,374.87
D. BERTOLOTTI DISPOSAL, INC.
Quarterly Franchise Fee Payment – December 2023 $1,344.97 E. GILTON SOLID WASTE MANAGEMENT, INC.
Quarterly Franchise Fee Payment – December 2023 $12,616.38 F. MODESTO IRRIGATION DISTRICT
Annual Franchise Fee Payment - 2023 $145,945.93
City Council Page 4 February 13, 2024
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
SSJID Groundwater Sustainability Agency
Private Development
$4,351.25
$1,215.00
$3,613.75
$2,868.75
TOTAL $12,048.75
B. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #32418 $854.00
C. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
4th Quarter 2023 - Invoice #Ripon 2023Q4 $8,771.06
D. LEAGUE OF CALIFORNIA CITIES MEMBERSHIP
2024 Membership Dues $7,764.00
2024 Membership Dues for
Central Valley Division $157.69
TOTAL: $7,921.69
E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
December Invoice #AR113923 $2,157.42
F. STONE CREEK ENGINEERING
122 N. Elm Avenue
3-Plex Project Construction Cost Estimation Services
Invoice # - RIP-2401-01 $2,560.00
G. CALIFORNIA CAD SOLUTIONS, INC.
Geographical Information System Site Development
Invoice #701675 (Funded by LEAP Grant) $2,175.00
H. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #60841 $4,046.25
I. FEHR AND PEERS
East Main Street Traffic Signal Project
Traffic Engineering Services
Progress Payment – Invoice #171560 $948.75
City Council Page 5 February 13, 2024
J. BASECAMP ENVIRONMENTAL, INC.
Lower Stanislaus River Multi-Use Trail
Project Environmental Assessment
Progress Payment – Invoice #52348 $717.50
Ripon Electrical Vehicle (EV) Charging Station
Progress Payment – Invoice #52361 $1,692.50
TOTAL $2,410.00
K. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #11 $1,141,870.17
L. LDA
Fleet Maintenance Facility Construction Management Services Progress Payment – Invoice #30/622-03-20 $5,800.00
M. TERRACON CONSULTANTS, INC.
Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment - Invoice #TK64762 $2,873.00
N. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #106482 $15,156.00
1.3. Resolutions
A. RESOLUTION NO. 24-6
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
TRANSPORTATION
DEVELOPMENT ACT FUND, THE
MEASURE K FUND, AND THE
TRANSIT ENTERPRISE FUND
AUDIT REPORT FOR THE FISCAL
YEAR ENDED JUNE 30, 2023
This resolution accepts the City of Ripon
Transportation Development Act Fund,
the Measure K Fund and the Transit
Enterprise Fund Audit Report for June
30, 2023, prepared by LSL, CPAs.
B. RESOLUTION NO. 24-7
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ALLOWING SURVIVING
DEPENDENTS TO CONTINUE
HEALTH AND WELFARE
INSURANCE COVERAGE
This resolution allows surviving
dependents of an employee, retiree, or
current/past Council Member to continue
medical, dental, and vision coverage
under the City plans at the cost of the
surviving dependent and authorize staff
to sign the amendment for Blue Shield
through the Special District Risk
Management Authority.
City Council Page 6 February 13, 2024
1.4. Miscellaneous Items
A. QUARTERLY INVESTMENT REPORT REVIEW
October 1, 2023 - December 31, 2023 Accept the City’s quarterly investment report for the period ending December
31, 2023.
B. CLOCK REPAIR
Electric Time Company, Inc. Direct staff to proceed with repairs to the clock at the library in the amount of
$3,188 (funding source: General Fund).
C. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.
Change Order No. 8
Approve Change Order No. 8 for
flagpole modifications, electric vehicle
charging station conduit, and a credit for
the removal of skylights from the
contract in the not to exceed amount of
$11,920 (funding sources: Corp Yard
AB1600 Fund, Enterprise Capital
Funds, and General Capital Fund).
D. ASSIGNMENT AND ASSUMPTION - PEREIRA DEVELOPMENT
AGREEMENT
Pereira Residential Development Project Consent to the Assignment and Assumption Agreement allowing JKB
Living, Inc. to purchase the Pereira
Residential Development project and
land from HPG Ripon Development
LLC and Pereira Properties, a California
general partnership, located at 22898 S.
North Ripon Road (APN: 261-210-08)
and authorize the Mayor to sign the
acknowledgement and acceptance by the
City.
E. PEREIRA RESIDENTIAL SUBDIVISION PROJECT
Reimbursement Agreement Approve and authorize the Mayor to sign the Reimbursement Agreement that
provides reimbursement for staff time to
respond to issues related to the Pereira
residential subdivision project located at
22898 S. North Ripon Road.
City Council Page 7 February 13, 2024
F. SUPPLEMENTAL LEASE AMENDMENT NO. 3
Department of the Army Approve and authorize the Mayor to sign the Supplemental Lease
Amendment No. 3 with the Department
of the Army for the Lower Stanislaus
River Park (area around the bike
bridge).
G. MEMORANDUM OF UNDERSTANDING
Ripon Arts League Approve and authorize the Mayor to
sign the Memorandum of Understanding
between the City of Ripon and the
Ripon Arts League to administer the
Ripon Poet Laureate program.
H. CONSULTANT SERVICES AGREEMENT
Patrick Clark Consulting Approve and authorize the Mayor to sign the agreement with Patrick Clark
Consulting to represent the City in the
upcoming meet and confer process with
the represented labor organizations.
I. PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 2
LDA Partners Approve and authorize the Mayor to
sign Amendment No. 2 to the
Professional Services Agreement with
LDA Partners to provide additional
design work to comply with South San
Joaquin Irrigation District requirements
for the new Corporation Yard in the not
to exceed amount of $3,075 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).
J. LICENSE AGREEMENT
Registrar of Voters Approve and authorize the Mayor to
sign the License Agreement with the
San Joaquin County Registrar of Voters
for the installation of a permanent ballot
drop box outside of City Hall.
K. ITEM K WAS MOVED TO ITEMS PULLED FROM CONSENT
City Council Page 8 February 13, 2024
ITEMS PULLED FROM CONSENT
1.4K : PROCLAMATION
Ripon High School Present a proclamation to Ripon High
School recognizing its outstanding athletic
accomplishments.
RESULT: TABLED Next: 3/12/2024 6:00 PM
**END OF CONSENT CALENDAR**
REPORTS
Department Heads:
Police Chief Sauer said there is an Area of Responsibility Meeting for Section 1 on February 14, 2024 at 7:00 PM in the Emergency Operations Center at the Police Department.
Recreation Director Stevens gave an update on the Memorandum of Understanding with the Ripon Unified School District for the mutual use of specific facilities. He said there is a provision in the agreement that states if one party causes excessive wear and tear on the other's facilities they have to pay for it. Stevens said the facilities are being used frequently and have not incurred any excessive wear and tear. Stevens said the rain last year was heavy, forcing staff to shut fields down in order to preserve them. He said staff plans to do some renovation on the fields at the Community Center and Stouffer Park.
Planning Director Zuidervaart said the February Planning Commission meeting will be on February 20, 2024 due to the President’s Day holiday.
City Council:
Council Member Restuccia said on behalf of Vice Mayor de Graaf, he wanted to thank everyone for attending the meeting tonight.
Restuccia said Ripon First Responder Appreciation day is April 6, 2024 followed by Chief Bitter's retirement celebration.
Council Member Barton said he is excited for the Almond Blossom Festival and said Kelly Donohue and her team does an outstanding job each year.
Barton said he wanted to recognize the amount of chaos in our Country, but he is grateful for the many people in this town that put their lives on the line to keep us safe.
Mayor Zuber thanked everyone for attending the meeting.
City Council Page 9 February 13, 2024
There being no further business, the meeting was adjourned at 6:16 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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
1 Packet Pg. 10
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 11
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 12
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 13
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 14
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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).
1 Packet Pg. 15
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 17
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 18
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 19
Minutes Acceptance: Minutes of Jan 9, 2024 6:00 PM (Approval of Minutes)
1.1.A.a
Packet Pg. 20
Attachment: 2023 11 advance (4124 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2300204 and 2300204AIssue Date: January 04, 2024Fiscal Year: 2023-2024Collection Period: November 24, 2023 - December 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 $10,023.76 $7,293.22 $4,351.42 $10,212.72 $0.00 $0.00 $31,881.12 $0.00 $31,881.12 $231,041.23
1.1.A.b
Packet Pg. 21
Attachment: fy2324_12hwycityra (4124 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2300221 and 2300221A
Issue Date: January 22, 2024
Fiscal Year: 2023-2024
Collection Period: December 01, 2023 - December 31, 2023 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.
For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].
City Population Payment Amount Year To Date
Ripon City Treasurer 15,977 $28,816.11 $161,502.37
1 of 1
1.1.A.c
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Attachment: rmra_cities_remit_2324_jan23 (4124 : State of California)
1.1.B.a
Packet Pg. 23
Attachment: CCATT (4108 : CCATT Holdings)
1.1.C.a
Packet Pg. 24
Attachment: Waste Management - October 2023 (4131 : Waste Management) Attn: Derek Fujii
Vendor#386801
Address Code 01 Waste Management
Location 01 Stockton District
City of Ripon Hauler Fee Schedule
259 N Wilma Ave.
Ripon, CA 95366
For month of: October 2023
Legacy System Total
Gross Rate Revenue
Residential $0.00 $0.00
Commercial $18,218.04 $18,218.04
Rolloff $25,155.68 $25,155.68
Total $43,373.72 $43,373.72
Franchise Fee Rate 8.0%
Franchise Fee Payable
Residential $0.00 $0.00
Commercial $1,457.44 $1,457.44
Rolloff $2,012.45 $2,012.45
Total $3,469.90 $3,469.90
b:\1_accg_sac_ma\1_close _area\2016\102016\rev_reduc\00051\3_stockton_franchise_fee_payment_calc_201610.xlsm b:\1_accg_sac_ma\1_close ptg\1_close_files\1_by_p
1.1.C.a
Packet Pg. 25
Attachment: Waste Management - October 2023 (4131 : Waste Management)
1.1.C.b
Packet Pg. 26
Attachment: Waste Management - December 2023 (4131 : Waste Management) Attn: Derek Fujii
Vendor#386801
Address Code 01 Waste Management
Location 01 Stockton District
City of Ripon Hauler Fee Schedule
259 N Wilma Ave.
Ripon, CA 95366
For month of: December 2023
Legacy System Total
Gross Rate Revenue
Residential $0.00 $0.00
Commercial $24,815.89 $24,815.89
Rolloff $98,996.20 $98,996.20
Total $123,812.09 $123,812.09
Franchise Fee Rate 8.0%
Franchise Fee Payable
Residential $0.00 $0.00
Commercial $1,985.27 $1,985.27
Rolloff $7,919.70 $7,919.70
Total $9,904.97 $9,904.97
b:\1_accg_sac_ma\1_close _area\2016\102016\rev_reduc\00051\3_stockton_franchise_fee_payment_calc_201610.xlsm b:\1_accg_sac_ma\1_close ptg\1_close_files\1_by_p
1.1.C.b
Packet Pg. 27
Attachment: Waste Management - December 2023 (4131 : Waste Management)
1.1.D.a
Packet Pg. 28
Attachment: Bertolotti (4130 : Bertolotti)
1.1.D.a
Packet Pg. 29
Attachment: Bertolotti (4130 : Bertolotti)
1.1.E.a
Packet Pg. 30
Attachment: Gilton (4155 : Gilton Solid Waste Management, Inc.)
1.1.E.a
Packet Pg. 31
Attachment: Gilton (4155 : Gilton Solid Waste Management, Inc.)
1.1.F.a
Packet Pg. 32
Attachment: Annual MID (4136 : Modesto Irrigation District)
1.1.F.a
Packet Pg. 33
Attachment: Annual MID (4136 : Modesto Irrigation District) Invoice
Date
1/25/2024
Invoice #
314
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
Discuss and review draft memo from client, work on
revisions and comments to memo on
undergrounding.
1/2/2024 THT 295.00 2.5 737.50
Research and summarize caselaw on undergrounding
utilities, begin work on memo re same.
1/3/2024 THT 295.00 3.25 958.75
Further work on memo , discuss with client, finalize
and send to client.
1/4/2024 THT 295.00 2.5 737.50
Conference with client, agenda review, prepare for,
attend City Council meeting and closed session.
1/9/2024 THT 295.00 5.25 1,548.75
Review consultant contract, discuss with client,
compare with “standard” contract.
1/25/2024 THT 295.00 1.25 368.75
$4,351.25
1.2.A.a
Packet Pg. 34
Attachment: City Invoices - January (4132 : Law Office of Thomas H. Terpstra) Invoice
Date
1/25/2024
Invoice #
315
Bill To
City of Ripon - Police Dept.
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
Review and discuss PRA request in PD case-outline
assignment with THT Jr.
1/24/2024 THT 295.00 1 295.00
Neumiller & Beardslee's Invoice Number 346052
(Paid in full by The Law Office of Thomas H.
Terpstra).
920.00 920.00
$1,215.00
1.2.A.a
Packet Pg. 35
Attachment: City Invoices - January (4132 : Law Office of Thomas H. Terpstra) Invoice
Date
1/25/2024
Invoice #
316
Bill To
City of Ripon - S.G.M.A.
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-213
Total
Date Attorney Description Rate Hours Amount
Numerous emails, phone calls regarding upcoming
CMC and settlement communications; discussions
regarding joint defense agreements.
1/5/2024 THT 295.00 1.5 442.50
Prepare for, participate in strategy call on demurrer to new complaint.
1/9/2024 THT 295.00 2.25 663.75
Review and revise joint defense agreement, emails to
and from Kincaid, Lucchesi, others regarding same.
1/10/2024 THT 295.00 1.5 442.50
Further telephone calls, emails regarding meet and
confer on demurrer.
1/15/2024 THT 295.00 2 590.00
Review and send proposed language for Joint
Defense agreement.
1/18/2024 THT 295.00 1.5 442.50
Further review and comments on Cost Sharing
agreement in emails to Marz and Kincaid; follow up
on status of demurrer.
1/22/2024 THT 295.00 2.25 663.75
emails, send revised version of cost sharing
agreement to co-counsel.
1/24/2024 THT 295.00 1.25 368.75
$3,613.75
1.2.A.a
Packet Pg. 36
Attachment: City Invoices - January (4132 : Law Office of Thomas H. Terpstra) Invoice
Date
1/25/2024
Invoice #
317
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
Advise client re staff report and upcoming hearing.
Review current DRAFT of staff report.
1/17/2024 THT 425.00 1.75 743.75
Work on revisions, additions to staff report, first
version.
1/22/2024 THT 425.00 2 850.00
Research regarding new information supporting
re-opening of CUP process, draft additions to staff
report; review and comment on new version of staff
report, review Urgency ordinance from Solano
County.
1/23/2024 THT 425.00 3 1,275.00
$2,868.75
1.2.A.a
Packet Pg. 37
Attachment: City Invoices - January (4132 : Law Office of Thomas H. Terpstra)
1.2.B.a
Packet Pg. 38
Attachment: Price Paige (4138 : Price Paige & Company)
INVOICE
P.O. Box 747 DATE: December 31, 2023
Ripon, CA 95366 INVOICE # RIPON 2023Q4
Due: Upon receipt
Bill To:
City of Ripon
259 N Wilma Ave
Ripon, CA 95366
AMOUNT
$ 8,771.06
TOTAL $ 8,771.06
Make all checks payable to SSJGSA
or SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
DESCRIPTION
SSJGSA expenses 10/01/2023 - 12/31/2023
City of Ripon Portion = 10% of $87,710.56
1.2.C.a
Packet Pg. 39
Attachment: 2023 Q4 Ripon SSJGSA (4133 : South San Joaquin Groundwater Sustainability Agency)
1.2.D.a
Packet Pg. 40
Attachment: League of California Cities_Annual (4123 : League of California Cities membership)
1.2.D.a
Packet Pg. 41
Attachment: League of California Cities_Annual (4123 : League of California Cities membership)
1.2.D.a
Packet Pg. 42
Attachment: League of California Cities_Annual (4123 : League of California Cities membership)
1.2.D.a
Packet Pg. 43
Attachment: League of California Cities_Annual (4123 : League of California Cities membership)
1.2.D.a
Packet Pg. 44
Attachment: League of California Cities_Annual (4123 : League of California Cities membership)
1.2.D.b
Packet Pg. 45
Attachment: League of California Cities_Division Dues (4123 : League of California Cities membership)
SAN JOAQUIN SAN JOAQUIN REGIONAL
TRANSIT DISTRICT
421 E Weber Avenue
Stockton, CA 95202
Phone(209)948-5566
To: CITY OF RIPON
Trans Date
01/31/24
ATTN: CARLA RODRIGUEZ
259 N. WILMA AVENUE
RIPON, CA 95366
C/O CARLA RODRIGUEZ
Description
DECEMBER 2023
INVOICE
Invoice Number: AR113923
Customer Number: co1524
Invoice Date: 01/31/24
Terms: Due upon receipt
Federal ID#: 94-1563999
Quantity Unit Cost Amount
35.08 61.50 2,157.42
TAX 0.00
Total Due 2,157.42
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 $
AR113923
C01524
01/31/24
2,157.42
Total Payment $ _______ _
1.2.E.a
Packet Pg. 46
Attachment: Invoice AR113923_SJRTD (4148 : SJRTD)
No. RIP-2401-01
Ken Zuidervaart
Director of Planning, Building, & Economic Development
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Ken Zuidervaart
Date Service Performed: January 1, 2024 to
Project Hours Total
3-Plex Housing Bldg 16.00 $2,560.00
Expenses: None $0.00
TOTAL AMOUNT DUE: $2,560.00
Total Agreement Amount
Previously Billed
Current Invoice
Please remit to the address below.
Very truly yours,
Jeffrey D. Threet
Stone Creek Engineering, Inc.
P.O. Box 4246
Manteca, CA 95337-0005
INVOICE
February 6, 2024
Per our agreement, this constitutes my invoice for cost estimating services rendered for the City of Ripon for the New 3-Plex Housing project.
January 31, 2024
Position Rate
S. Estimator - Jeff Threet $160.00
Please see attached timesheet with a breakdown of hours and a description of tasks. $2,560.00
$0.00
$2,560.00
BALANCE REMAINING $0.00
1.2.F.a
Packet Pg. 47
Attachment: Stone Creek Engineering - Invoice RIP-2401-01 (4157 : Stone Creek Engineering) Subconsultant Time Report - Project Specific - Jeff Threet Jan-24
Subconsultant Name: Stone Creek Engineering, Inc.
Date 3-Plex Housing Bldg
1 0.00
2 0.00
3 0.00
4 0.00
5 0.00
6 0.00
7 0.00
8 0.00
9 0.00
10 0.00
11 0.00
12 0.00
13 0.00
14 0.00
15 0.00
16 0.00
17 0.00
18 0.00
19 8.00 8.00 Started on cost estimate. Imported files. Takeoffs and Unit costs. Finished building. 20 0.00
21 0.00
22 0.00
23 0.00
24 0.00
25 0.00
26 2.00 2.00 Started on sitework.
27 0.00
28 0.00
29 0.00
30 6.00 6.00 Finished site. Updated unit costs. QA/QC. Sent draft file to Ken Zuidervaart. 31 0.00
Totals 16.00 0.00 16.00
Project Task Description
1.2.F.a
Packet Pg. 48
Attachment: Stone Creek Engineering - Invoice RIP-2401-01 (4157 : Stone Creek Engineering) Invoice
Date
1/26/2024
Invoice #
701675
Bill To
City of Ripon
259 N. Wilma Ave.
Ripon, CA 95366
Ship To
City of Ripon - Planning
259 N. Wilma Ave.
Ripon, CA 95366
P.O. Number Terms
Net 30
Rep
RK
Total
Subtotal
Sales Tax (0.0%)
P.O. Box 4779
Modesto, CA 95352
209-578-5580
www.calcad.com
Item Description Qty Cost Total
Misc GIS Projects October - January 2024
Service 20231013 Street Lights (James Pease)
- Analyze data and create Spatial table for publication - Work on Street Lights layer - reading from old MapGuide site for direction on theming
- Create Searches & Reports for Street Lights
8.5 150.00 1,275.00
Service 20231229 Fire Dept Parcel Export with Address Info (James Pease) - Create Parcel shape file with Address and owner information for the Fire Dept
0.5 150.00 75.00
Service Monthly Assessor Updates
- November 2023
- December 2023
- January 2024
4.5 150.00 675.00
Service Quarterly Master Spreadsheet GIS Update (Ken)
- January 2024 Processing
1 150.00 150.00
$2,175.00
$2,175.00
$0.00
1.2.G.a
Packet Pg. 49
Attachment: CalCad_Invoice_701675 (4151 : California CAD Solutions, Inc.)
1.2.H.a
Packet Pg. 50
Attachment: Invoice 60841_Harris & Associates (4125 : Harris & Associates)
1.2.H.a
Packet Pg. 51
Attachment: Invoice 60841_Harris & Associates (4125 : Harris & Associates) January 30, 2024
[email protected]
Kevin Werner
City of Ripon
RE: Ripon East Main Traffic Signal
Enclosed is invoice number 171560 for $948.75 dated January 11, 2024 for costs incurred from November 25, 2023 through December 29, 2023 for the above referenced project.
Tasks completed this period include the following:
• Completed intersection operations analysis for all study scenarios. Began preparing draft Traffic Analysis Report.
• Coordinated with City of Ripon and Caltrans on encroachment permit requirements 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.I.a
Packet Pg. 52
Attachment: Invoice 171560_Fehr & Peers (4150 : Fehr & Peers) Project Manager Albee Wei
Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
January 11, 2024
Project No: RS23-4251.00
Invoice No: 171560
Project RS23-4251.00 Ripon East Main Traffic Signal
Professional Services for the Period: November 25, 2023 to December 29, 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 4.00 180.00 720.00
Admin
Morgan, Chris 1.00 155.00 155.00
Silchuk, Tanya .25 155.00 38.75
Totals 5.25 913.75
Total Labor 913.75
Reimbursable Expenses
Project Communications and Reproduction 35.00
Total Reimbursables 35.00 35.00
Budget Summary Current Prior To-Date
Total Billings 948.75 17,501.10 18,449.85
Total Budget 31,500.00
Remaining Budget 13,050.15
Phase Total $948.75
TOTAL CURRENT INVOICE AMOUNT DUE: $948.75
1.2.I.a
Packet Pg. 53
Attachment: Invoice 171560_Fehr & Peers (4150 : Fehr & Peers) Project RS23-4251.00 Ripon East Main Traffic Signal Invoice 171560 Current Invoice Prior Billed Billed To Date
Billing Summary 948.75 25,780.80 26,729.55
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.I.a
Packet Pg. 54
Attachment: Invoice 171560_Fehr & Peers (4150 : Fehr & Peers) 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 # 52348
DATE 12/31/2023
DUE DATE 01/30/2024
TERMS Net 30
PROJECT
Lower Stanislaus River Multi-Use Trail Project
PERIOD DESCRIPTION QTY RATE AMOUNT
12/31/2023 Principal 2 190.00 380.00
12/31/2023 Senior
Environmental
Planner
2.25 150.00 337.50
Services through the invoice date. Continuing work
on preparation of the CEQA document. Thank you.
We appreciate your business.
BALANCE DUE $717.50
1.2.J.a
Packet Pg. 55
Attachment: Invoice 52348_BaseCamp Environmental Inc (4126 : BaseCamp Environmental, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]
INVOICE
BILL TO
3155 - Ripon EV
City of Ripon Engineering
259 N Wilma Ave.
Ripon, CA 95366
INVOICE # 52361
DATE 12/31/2023
DUE DATE 01/30/2024
TERMS Net 30
PROJECT
Ripon Electrical Vehicle (EV) Charging Station - PES Form
PERIOD DESCRIPTION QTY RATE AMOUNT
12/31/2023 Principal 0.50 225.00 112.50
12/31/2023 Senior
Environmental
Planner
6 180.00 1,080.00
12/31/2023 WP and
Graphics
4 125.00 500.00
Services through the invoice date. Services
involved preparation of Preliminary Environmental
Study Form for the proposed EV Charging Project
at City Hall and the Corporation Yard.
Thank you. We appreciate your business.
BALANCE DUE $1,692.50
1.2.J.b
Packet Pg. 56
Attachment: Invoice 52361_BaseCamp Environmental Inc (4126 : BaseCamp Environmental, Inc.) CONTRACTOR: Diede Construction, Inc.
PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:
INVOICE NO: 11
DATE: 1/31/2024
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $7,146,886.14 LESS RETENTION: $357,344.31
APPROVED CONTRACT CHANGES: $526,841.00 PREVIOUSLY PAID AMOUNT: $6,789,541.83 CURRENT INVOICED AMOUNT: $1,201,968.60
LESS RETENTION: $60,098.43
TOTAL CONTRACT AMOUNT: $11,682,841.00 CURRENT AMOUNT DUE: $1,141,870.17 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $8,348,854.74 LESS RETENTION: $417,442.74
TOTAL PAID TO DATE: $7,931,412.00
INVOICE SUMMARY
TOTAL PROGRESS
Remaining Contract Amount: $3,333,986.26
Approx. % Complete: 71%
Work completed includes submittals, erosion control, landscaping, fencing, pavers, bicycle racks, bollards, structural steel, roofing, structural steel, glazing, gypsum board,equipment install, phenolic panels, metal building install, fire sprinkler system install, HVAC install, electrical install, lighting, and plumbing.
INVOICE SUMMARY
Project consists of a new maintenance and operations building and vehicle wash for the City of Ripon Public Works Dept., including a repair and machine shop, office spaces, restrooms and locker rooms.
CONTRACT INFORMATION BILLING INFORMATION
1.2.K.a
Packet Pg. 57
Attachment: Invoice 11_Diede Construction, Inc (4127 : Diede Construction, Inc.)
1.2.L.a
Packet Pg. 58
Attachment: Invoice 30-622-03-20_LDA (4134 : LDA)
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: TK64762
Terracon Consultants, Inc.
PO Box 959673
St Louis, MO 63195-9673
Federal E.I.N.: 42-1249917
REMIT TO:
To:
NA191172B
$76,574.00
1/26/2024
1/20/2024
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 1/16/24 NA191172B.0106 Anchor Installation Inspection 4.00 $86.00 $344.00 1/16/24 NA191172B.0106 Daily Report Fee 1.00 $95.00 $95.00 1/16/24 NA191172B.0106 Trip Charge (ea) 1.00 $80.00 $80.00 1/17/24 NA191172B.0107 Project Manager 1.00 $185.00 $185.00 1/17/24 NA191172B.0107 Clerical, per hour 1.00 $100.00 $100.00 1/17/24 NA191172B.0107 AC/Soil Inspector w/Nuclear Gauge 4.00 $128.00 $512.00 1/17/24 NA191172B.0107 Daily Report Fee 1.00 $95.00 $95.00 1/17/24 NA191172B.0107 Trip Charge (ea) 1.00 $80.00 $80.00 1/17/24 NA191172B.0108 Anchor Installation Inspection 4.00 $86.00 $344.00 1/17/24 NA191172B.0108 Daily Report Fee 1.00 $95.00 $95.00 1/18/24 NA191172B.0109 AC/Soil Inspector w/Nuclear Gauge 6.00 $128.00 $768.00 1/18/24 NA191172B.0109 Daily Report Fee 1.00 $95.00 $95.00 1/18/24 NA191172B.0109 Trip Charge (ea) 1.00 $80.00 $80.00 Invoice Total $2,873.00
TERMS: DUE UPON PRESENTATION OF INVOICE
Created on 1/24/2024 Page 1 of 1 Client #396776
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Attachment: Invoice TK64762_Terracon (4135 : Terracon Consultants, Inc.)
PROVOST & PRITCHARD
CONSULTING GROUP
455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandprltchard.com
Elizabeth Quilici
City of Ripon
259 W Wilma Ave
Ripon, CA 95366
Project Name:
Client Project #:
2016-17 Water Loss Audit Validation
Phase AUD: Time includes performing water lo�s audit for FYs 21-22 and 22-23.
January 11, 2024
Project: No:
Invoice No:
02671-19-002
106482
Phase WAV: Time includes performing water loss audit validations for 2015-2020, including submittal prep and meetings with the City.
Professjonal Services from December 01, 2023 to December 31, 2023 Phase: AUD Water Loss Audits
Fee
Total Fee
Percent Complete
Phase: WAV
Fee
Total Fee
Percent Complete
23,800.00
75.00 Previous Fee Billing
Current Fee Billing
Total Fee
Water Audit Validation
20,900.00
67.00 Previous Fee Billing
Current Fee Billing
Total Fee
*** Please make checks payable to Provost & Pritchard Consulting Group*** For billing inquiries, please email [email protected].
10,897.00
6,953.00
Total this Phase:
5,800.00
8,203.00
Total this Phase:
6,953.00
$6,953.00
8,203.00
$8,203.00
Total this Invoice ======::::::=!:::::::::::=:=:::::: $151156.00
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Attachment: P&P Invoice 1-11-24 (4139 : Provost & Pritchard Consulting Group) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 02/13/2024
Subject: TDA Audit FYE 6/30/2023
RECOMMENDED ACTION:
This resolution accepts the City of Ripon Transportation Development Act Fund, the Measure K Fund and the Transit Enterprise Fund Audit Report for the fiscal year ended June 30, 2023, prepared by LSL, CPAs.
BACKGROUND:
This audit is required by San Joaquin Council of Governments (SJCOG) because the City of Ripon receives TDA, Measure K and Transit Funds. Lance, Soll & Lunghard, LLP (LSL, CPAs) does an audit of all funds for SJCOG and audits each city that rolls up into SJCOG’s consolidated audit.
DISCUSSION/ANALYSIS:
The audit of the City of Ripon Transportation Development Act (TDA) Fund, the Measure K Fund and the Transit Enterprise Fund for the fiscal year ended June 30, 2023 has been completed by LSL, CPAs. As noted in the audit letter to the City Council, there were no significant audit findings, no difficulties encountered between the auditors and staff, and no disagreements between management and the auditors.
FISCAL IMPACT:
None. This audit is paid for by San Joaquin Council of Governments’ administrative dollars.
Attachments:
1. 2023.06.30 Ripon TDA Audit Communication Letter Final 12-28-23
2. 2023.06.30 Ripon TDA Audit FS Final 12-28-23
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RESOLUTION NO. 24-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ACCEPTING THE CITY OF RIPON
TRANSPORTATION DEVELOPMENT ACT FUND, THE
MEASURE K FUND, AND THE TRANSIT ENTERPRISE
FUND AUDIT REPORT FOR THE FISCAL YEAR ENDED
JUNE 30, 2023
WHEREAS, the City of Ripon Transportation Development Act Fund, the Measure K Fund, and the Transit Enterprise Fund Audit Report June 30, 2023 has now been completed and filed with the City of Ripon; and
WHEREAS, Lance, Soll and Lunghard, LLP, Certified Public Accountants, conducted the audit in accordance with generally accepted auditing standards and Government Auditing standards; and WHEREAS, the City of Ripon complied with respect to items tested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon accepts the City of Ripon Transportation Development Act Fund, the Measure K Fund, and the Transit Enterprise Fund Audit Report June 30, 2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of February, 2024, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Dean Uecker, Council Member
AYES: Leo Zuber, Gary Barton, Dean Uecker, Michael Restuccia ABSENT: Daniel de Graaf
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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1611 E. Fourth Street, Suite 200
Santa Ana, CA 92701
(714) 569-1000
203 N. Brea Blvd, Suite 203
Brea, CA 92821
(714) 672-0022
21 Waterway Avenue, Suite 30089
The Woodlands, TX 77380
(936) 828-4587
2151 River Plaza Dr., Suite 150
Sacramento, CA 95833
(916) 503-9691
24422 Avenida de la Carlota, Suite 275
Laguna Hills, CA 92653
(949) 829-8299
www.lslcpas.com
December 28, 2023
To the Members of the Board of Directors
San Joaquin Council of Governments
Stockton, California
To the Members of the City Council
City of Ripon
Ripon, California
We have audited the financial statements of the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund, of the City of Ripon, California (the “City”) for the year ended June 30, 2023. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated April 27, 2023. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund, of the City, are described in the notes to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the fiscal year ended June 30, 2023. We noted no transactions entered into by the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund, of the City, during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events.
Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. We are pleased to report that no such misstatements were identified during the course of our audit.
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Attachment: 2023.06.30 Ripon TDA Audit Communication Letter Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) To the Members of the Board of Directors To the Members of the City Council San Joaquin Council of Governments City of Ripon
Stockton, California Ripon, California
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter dated December 28, 2023.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund, of the City, or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the auditors of the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund, of the City. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
Other Matters
We applied certain limited procedures to budgetary comparison schedules for the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, of the City, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
Restriction on Use
This information is intended solely for the use of Board of Directors of the San Joaquin Council of Governments and the City Council and management of City of Ripon and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
Sacramento, California
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Packet Pg. 70
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) Transportation
Development Measure K
Act Fund Fund 2023 2022
Assets:
Cash and investments $ 3,266,633 10,085 $ 3,276,718 $ $ 2,888,697 Due from other agencies 89,835 1,082,773 1,172,608 716,334 Total Assets $ 1,092,858 $ 3,356,468 $ 4,449,326 $ 3,605,031 Fund Balances:
Restricted $ 1,092,858 $ 3,356,468 $ 4,449,326 $ 3,605,031 Total Fund Balances 1,092,858 3,356,468 4,449,326 3,605,031 Total Liabilities and Fund Balances $ 1,092,858 $ 3,356,468 $ 4,449,326 $ 3,605,031 Totals
CITY OF RIPON
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES
Balance Sheets
June 30, 2023, with Comparative Totals
The accompanying notes are an integral part of these financial statements. 4 1.3.A.b
Packet Pg. 71
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) Transportation
Development Measure K
Act Fund Fund 2023 2022
Revenues:
Local Transportation Fund:
Streets and roads $ 1,059,278 $ 1,059,278 - $ $ 604,282 Pedestrian and bicycle 23,495 - 23,495 15,978
Measure K Fund:
Local street repair 370,266 - 370,266 401,811
Congestion relief 619,638 - 619,638 1,580,362
Investment earnings 33,138 6,682 39,820 14,543
Total Revenues 1,089,455 1,023,042 2,112,497 2,616,976
Expenditures:
Congestion relief 619,638 - 619,638 1,580,362
Total Expenditures 619,638 - 619,638 1,580,362
Excess of Revenues
Over Expenditures 1,089,455 403,404 1,492,859 1,036,614 Other Financing Uses:
Intergovernmental transfers (648,564) (648,564) - (767,504) Total Other Financing Uses (648,564) (648,564) - (767,504) Net Change in Fund Balances 440,891 403,404 844,295 269,110 Fund Balances, Beginning of Year 2,953,064 651,967 3,605,031 3,335,921 Fund Balances, End of Year $ 1,092,858 $ 3,356,468 $ 4,449,326 $ 3,605,031 Totals
CITY OF RIPON
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES
Statements of Revenues, Expenses, and Changes in Fund Balances For the Fiscal Year ended June 30, 2023, with Comparative Totals The accompanying notes are an integral part of these financial statements. 5 1.3.A.b
Packet Pg. 72
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) 2023 2022
Assets:
Current Assets:
Cash and cash equivalents $ 22,120 $ 22,028
Accounts receivable 329 409
Due from other agencies 266,624 182,277
Total Current Assets 289,073 204,714
Capital assets, net 162,067 243,099
Total Assets $ 447,813 451,140 $
Liabilities and Net Position:
Liabilities:
Accounts payable $ 3,494 $ 3,143
Due to other agencies - 169,761
Total Liabilities 3,494 172,904
Net Position:
Investment in capital assets 162,067 243,099
Restricted 285,579 31,810
Total Net Position 447,646 274,909
Total Liabilities and Net Position $ 451,140 $ 447,813
CITY OF RIPON
TRANSIT ENTERPRISE FUND
Statements of Net Position
June 30, 2023, with Comparative Totals
The accompanying notes are an integral part of these financial statements. 6 1.3.A.b
Packet Pg. 73
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) 2023 2022
Operating Revenues:
Fares $ 1,872 $ 1,937
Total Operating Revenues 1,872 1,937
Operating Expenses:
Operations 29,205 26,426
Vehicle maintenance 19,338 15,922
Administration 12,305 11,281
Depreciation 81,032 81,032
Total Operating Expenses 141,880 134,661
Operating Loss (132,724) (140,008)
Nonoperating Revenues:
State Transit Assistance funds 4,732 3,804
Local Transportation funds 249,619 169,761
Measure K Passenger Bus funds 57,555 49,576
Interest 839 312
Total Nonoperating Revenues 312,745 223,453
Nonoperating Expenses:
Multi-Modal Station - 4,189
Intergovernmental transfers - 169,761
Total Nonoperating Expenses - 173,950
Change in Net Position (83,221) 172,737
Net Position, Beginning of Year 274,909 358,130
Net Position, End of Year $ 447,646 $ 274,909
CITY OF RIPON
TRANSIT ENTERPRISE FUND
Statements of Revenues, Expenses, and Changes in Net Position For the Fiscal Year ended June 30, 2023, with Comparative Totals The accompanying notes are an integral part of these financial statements. 7 1.3.A.b
Packet Pg. 74
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) 2023 2022
Cash Flows from Operating Activities:
Cash receipts from customers $ 1,952 $ 1,862
Cash disbursements for administration and operations (41,159) (35,817) Cash disbursements for services and supplies (19,338) (15,922) Net Cash Used by Operating Activities (58,545) (49,877) Cash Flows from Noncapital Financing Activities:
Measure K Passenger Bus funds 53,994 51,667
State Transit Assistance funds 3,804 1,610
Net Cash Provided by Noncapital Financing Activities 57,798 53,277 Cash Flows from Capital and Related Financing Activities:
Multi-modal station engineering time - (4,189)
Net Cash Used by Capital and Related Financing
Activities (4,189) -
Cash Flows from Investing Activities:
Interest received 839 312
Net Cash Provided by Investing Activities 839 312
Net Increase (Decrease) in Cash and Cash Equivalents 92 (477) Cash and Cash Equivalents, Beginning of Year 22,028 22,505 Cash and Cash Equivalents, End of Year $ 22,120 $ 22,028 Reconciliation of Operating Loss to Net Cash Used by
Operating Activities:
Operating loss $ (132,724) (140,008) $
Adjustments to reconcile operating loss to net cash used by operating activities:
Depreciation 81,032 81,032
(Increase) decrease in receivables 80 (75)
Increase (decrease) in accounts payable 351 1,890
Total Adjustments 81,463 82,847
Net Cash Used for Operating Activities $ (58,545) $ (49,877)
CITY OF RIPON
TRANSIT ENTERPRISE FUND
Statements of Cash Flows
For the Fiscal Year Ended June 30, 2023, with Comparative Totals The accompanying notes are an integral part of these financial statements. 8 1.3.A.b
Packet Pg. 75
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Packet Pg. 76
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Packet Pg. 78
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023)
CITY OF RIPON
Transportation Development Act and Measure K Funds
Non-Transit Purposes and Transit Enterprise Fund
Notes to the Financial Statements
For the Fiscal Year Ended June 30, 2023
NOTE 3: CASH AND INVESTMENTS
The cash and investment balances for the City's Transportation Development Act Fund, Measure K Fund, and Transit Enterprise Fund are held in the City's cash and investment pool. The City maintains a cash and investment pool in order to facilitate the management of cash. Interest is allocated to its various funds based upon average cash balances. Investments held in the City's cash management pool are available on demand to the City's Transportation Development Act Fund, Measure K Fund, and Transit Enterprise Fund and are stated at fair value.
Information regarding categorization of investments can be found in the City's financial statements.
NOTE 4: CAPITAL ASSETS
Capital assets consisted of the following at June 30, 2023:
Depreciation for the year ended June 30, 2023, was $81,032.
NOTE 5: STATE OF GOOD REPAIR (SGR)
The State of Good Repair & Accountability Act of 2017 was established to provide funds annually for aging infrastructure, investments in congested commute and freight corridors and to improve transit service. Caltrans is legislated to manage and administer the State of Good Repair (SGR) program. The State Controller’s Office publishes annually estimated funding according to population and farebox revenues. The State Controller’s Office issues quarterly payment to the San Joaquin Council of Governments who in turn pays the Regional Transit Authority for allocation to the jurisdictions. The 99313 portion of the allocations is allocated based on a Board approved allocation formula for the fiscal year. The 99314 portion is allocated based on the SCO formula.
The funds are held with the County Treasurer, and jurisdictions are allowed to draw down from available funds on a reimbursement basis. Caltrans requests that the jurisdictions fully expend the SGR funds within a seven-year period.
Amounts held by the City and available for draw as of June 30, 2023, are composed of the following:
NOTE 6: SUBSEQUENT EVENTS
Subsequent events have been evaluated through December 28, 2023, the date these financial statements were available to be issued. The City did not identify any subsequent events that require disclosure.
Balance
July 1, 2022 Additions Deletions
Balance
June 30, 2023
Transit Vehicles 1,093,563 $ - $ - $ 1,093,563 $
Less: Accumulated Depreciation (850,464) (81,032) - (931,496) $ (81,032) 243,099 $ - $ 162,067 $
Balance available - beginning of the year $ 99,048
Revenue:
SGR funds received 23,406 $
Expenses:
Expenses - $
Balance available - end of year 122,454$
12 1.3.A.b
Packet Pg. 79
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) 5(48,5('6833/(0(17$5<,1)250$7,21
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Packet Pg. 80
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) Variance with
Original Final Actual Final Budget
Revenues:
Local Transportation Fund:
Streets and roads $ 507,522 $ 507,522 $ 1,059,278 $ 551,756 Pedestrian and bicycle 15,922 15,922 23,495 7,573
Investment earnings 8,100 8,100 6,682 (1,418)
Total Revenues 531,544 531,544 1,089,455 557,911
Excess of Revenues
Over Expenditures 531,544 531,544 1,089,455 557,911
Other Financing Uses:
Intergovernmental transfers - (648,564) - (648,564)
Total Other Financing Uses - (648,564) - (648,564)
Net Change in Fund Balances $ 531,544 $ 531,544 440,891 $ (90,653) Fund Balances, Beginning of Year 651,967
Fund Balances, End of Year 1,092,858 $
Budgeted Amounts
CITY OF RIPON
TRANSPORTATION DEVELOPMENT ACT FUND
Budgetary Comparison Schedule
For the Fiscal Year Ended June 30, 2023
14 1.3.A.b
Packet Pg. 81
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) Variance with
Original Final Actual Final Budget
Revenues:
Measure K Fund:
Local street repair $ 300,000 $ 300,000 $ 370,266 $ 70,266 Congestion relief - - 619,638 619,638
Investment earnings 9,000 9,000 33,138 24,138
Total Revenues 309,000 309,000 1,023,042 714,042
Expenditures:
Congestion relief - - (619,638) (619,638)
Total Expenditures - (619,638) - (619,638)
Excess of Revenues
Over Expenditures 309,000 309,000 403,404 1,333,680
Net Change in Fund Balances $ 309,000 $ 309,000 403,404 $ 1,333,680 Fund Balances, Beginning of Year 2,953,064
Fund Balances, End of Year $ 3,356,468
Budgeted Amounts
CITY OF RIPON
MEASURE K FUND
Budgetary Comparison Schedule
For the Fiscal Year Ended June 30, 2023
15 1.3.A.b
Packet Pg. 82
Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) &,7<2)5,321
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Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) 27+(55(32576
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Attachment: 2023.06.30 Ripon TDA Audit FS Final 12-28-23 (24-6 : TDA Audit FYE 6/30/2023) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 02/13/2024
Subject: Health and Welfare Plans - offer to surviving dependents RECOMMENDED ACTION:
This resolution allows surviving dependents of an employee, retiree, or current/past Council Member to continue medical, dental, and/or vision coverage under the City plans at the cost of the surviving dependent and authorize staff to sign the amendment for Blue Shield through the Special District Risk Management Authority.
BACKGROUND:
Employees that retire from the City of Ripon have the option to continue their medical, dental, and/or vision insurance by using their accrued sick leave bank or reimbursing the City for these costs. Past Council Members are also eligible to continue these same health and welfare plans by reimbursing the City for these costs.
Currently, when an employee, retiree, or current/past Council Member passes away, any surviving dependents are allowed to continue insurance coverage through COBRA for a maximum of 36 months. After that time, they need to find an alternative insurance option, which could be costly.
DISCUSSION:
Staff has been in communication with Bohannon Insurance Agency, the City’s insurance broker, and found that the surviving dependents of the employee, retiree, or current/past Council Member could continue coverage through all the City’s insurance providers. Kaiser Permanente and the providers of dental and vision insurance currently allow continued coverage for surviving dependents with the current contracts. To provide this coverage for any surviving dependent on Blue Shield, an amendment needs to be signed with the Special District Risk Management Authority.
Staff is recommending the City Council approve the resolution to allow surviving dependents of an employee, retiree, or current/past Council Member to continue medical, dental, and vision
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coverage under the City plans at the cost of the surviving dependent and authorize staff to sign the amendment for Blue Shield through the Special District Risk Management Authority.
FISCAL IMPACT:
There is no fiscal impact to City, as the employee/retiree/Council Member’s surviving dependent will reimburse the City.
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RESOLUTION NO. 24-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ALLOWING SURVIVING DEPENDENTS TO
CONTINUE HEALTH AND WELFARE INSURANCE
COVERAGE
WHEREAS, employees that retire from the City of Ripon have the option to continue their medical, dental, and/or vision insurance by using their accrued sick leave bank or reimbursing the City for these costs; and
WHEREAS, past Council Members are also eligible to continue these same health and welfare plans by reimbursing the City for these costs; and WHEREAS, currently, when an employee, retiree, or current/past Council Member passes away, any dependents are allowed to continue insurance coverage through COBRA for a maximum of 36 months; and
WHEREAS, the City Council of the City of Ripon is desirous of allowing the surviving dependents to continue medical, dental, and/or vision insurance coverage; and WHEREAS, the City’s insurance broker has confirmed that the surviving dependents of the employee, retiree, or current/past Council Member could continue coverage through both of the City’s medical insurance carriers (Kaiser Permanente and Blue Shield of California); and WHEREAS, in order to make this change for Blue Shield of California, an amendment needs to be signed with the Special District Risk Management Authority; and WHEREAS, Kaiser Permanente and the providers of dental and vision insurance currently allow the continued coverage for surviving dependents with the current contracts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ripon allows surviving dependents of an employee, retiree, or current/past Council Member to continue medical, dental, and vision coverage under the City plans at the cost of the dependent.
BE IT FURTHER RESOLVED, that the City Council of the City of Ripon authorize staff to sign the amendment for Blue Shield through the Special District Risk Management Authority.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of February, 2024, by the following vote:
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RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Dean Uecker, Council Member
AYES: Leo Zuber, Gary Barton, Dean Uecker, Michael Restuccia ABSENT: Daniel de Graaf
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: Lisa Roos, City Clerk & Finance Director
Date: 02/13/2024
Subject: Quarterly Investment Report Review
RECOMMENDED ACTION:
Accept the City’s quarterly investment report for the period ending December 31, 2023.
BACKGROUND:
The following report is the City’s quarterly investment report for the period ending December 31, 2023. This report summarizes:
City’s investment policy that was adopted by the Council in 1996 and amended in 2003 and in 2023
Average interest rate for the last 12 months
Lists individual investments with their balances and interest rates as of the end of the period. The interest rates that are shown in the report are for the most recent 12-month period.
The City maintains money in both shorter-term daily liquidity investments, such as LAIF, and longer-term investments held at the Bank of New York. The shorter-term investments allow the City to earn interest, which is normally lower than the interest from longer-term investments, while the funds remain liquid and can quickly be transferred from time to time to cover operational costs of the City throughout the year.
In May 2023, the City added California Asset Management Program (CAMP) as a short-term investment option. Within CAMP, the City can invest in liquid funds or in term funds. Term funds have a set maturity date and interest rate, which allows the City to take advantage of higher rates on funds that are not needed as liquid funds. However, interest is not received until maturity on these Term funds.
The investments held at the Bank of New York have longer durations, as such, our goal is to
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normally not access the funds for liquidity purposes. It is not uncommon during federal tightening cycles for money market funds and pools similar to LAIF to have yields that surpass longer duration portfolios such as the investments held at the Bank of New York. CAMP has a shorter duration than LAIF, so in a rising interest rate market, CAMP’s returns will be higher than LAIF’s returns. However, when interest rates decrease, then LAIF and CAMP typically have lower returns than Bank of New York.
Below is a table showing the investments listed above and the interest that was earned, although may not be realized, in this quarter:
Investment Balance at
12/31/2023
Interest earned this
quarter
Estimated annual rate
of return
LAIF Varies* $12,858 4.00%
CAMP Liquid
Funds $10,950 $154 5.63%
CAMP Term Funds $30,000,000 $417,577 5.57%
Bank of New York
(FMV) $31,718,371 $153,379 1.93%
TOTAL $61,729,321 $583,968 3.78%
*LAIF balance varies throughout the quarter due to operating transfers made out or into the LAIF account.
Interest generated from the various investments is allocated quarterly as revenue to the various City funds, based on each funds’ balance at that time.
Section 115 Trust
In October 2022, $1,135,396.65 was initially deposited into the City’s Section 115 Trust with PARS. In addition, the annual savings from the refinancing of the 2020 Redevelopment bond has been directed by the City Council to be deposited into the Section 115 Trust, as described below:
FY 21/22 Refinancing Savings: $157,569
FY 22/23 Refinancing Savings: $161,681
FY 23/24 Refinancing Savings: $161,805
FY 24/25 Refinancing Savings: $162,117
FY 25/26 Refinancing Savings: $136,064
Below is a table showing the return on investment of these funds:
Investment Balance at
12/31/2023
Interest earned this
quarter
Estimated annual rate
of return
Section 115 Trust $1,446,243.92 $121,143 8.38%
The fund balance of the 115 Trust can be used to pay CalPERS normal cost and/or pay down the unfunded liability, which was $6,549,253 as of the June 30, 2022 CalPERS Valuation Report.
On September 13, 2022, the City Council approved Resolution 22-39 adopting investment guidelines for this 115 Trust. These guidelines state that funds will be used when there is a deficit in the City’s General Fund with City Council concurrence, or as directed by the City
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Council. This Section 115 Trust will be the first line of funding of the CalPERS liability while in a deficit situation.
Attachments:
1. Investment report for Council 12.2023
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1 $315,455
2 $30,010,950
Liquid Funds Interest rate 5.55% at 12/31/23 $ 10,950 TERM Funds $15,000,000
TERM Funds $15,000,000
3 $31,718,371
Ratings
Investments: Agency 15.2% AA+
US Corporate 27.5% A+
US Treasury 35.0% AA+
Money Market Fund 2.5% AA+
ABS 6.8% AAA
Supranational 3.4% AAA
Muni Bonds 0.8% AA‐
CMO 8.8% AAA
4 $ 317,567
CAMP
Interest rate of 5.43% to mature 2/2024
Interest rate of 5.63% to mature 6/2024
CSJVRMA Pool ‐ fair value
Bank of New York (book value ‐ $32,205,828)
Interest rate 1.98% at 12/31/23
U S Treasury ‐ (fair value basis 1.0)
Interest rate 5.04% at 12/31/23
Bank of Stockton
Based upon the Treasurer’s report, the entire investment of the City of Ripon is in FULL COMPLIANCE with the 2023 City of Ripon Investment Policy and the California Government Code.
As of December 31, 2023, the City’s average interest rate for the last 12 months is 1.08%.* At the end of December 2023, City funds are held in the following investments as listed:
INVESTMENTS
State Treasurer ‐ LAIF ‐ (fair value basis 1.0)
Interest rate 3.41% at 12/31/23
This quarterly review complies with all of the elements required by California Government Code Section 53646(b).
CITY OF RIPON
Investment Policy
Quarterly Report
September 01, 2023 ‐ December 31, 2023
The City of Ripon’s investment policy was adopted by Resolution 96‐63 on June 18, 1996 and amended by Resolution 03‐68 on August 19, 2003 and by Resolution 23‐28 on June 13, 2023. This policy provides for the legislative body of a local agency to invest all money belonging to or in the custody of the local agency in accordance with the provisions of California Government Code Sections 5922, 53601 et seq., and 53635. * The City of Ripon financial information is on a cash basis, so this rate includes only interest that has been earned. CAMP TERM Funds are not earned until maturity.
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Attachment: Investment report for Council 12.2023 (4122 : Quarterly Investment Report Review) Investment Report
December 31, 2023
5 $ 1,128
$ 186
6 $ ‐
Total Investments $62,363,657
Lisa Roos
City Clerk/Finance Director
Interest rate 0.00% at 12/31/23
U S Bank
Redevelopment agency 2020 tax allocation bonds
This report certifies that all investment actions executed prior to this report have been made in full compliance with the City of Ripon Investment Policy. This report also certifies that the City of Ripon will meet its expenditure obligations for the next six months as required by California Government Code Section 53646(b)(2) and (3).
Respectfully Submitted,
Lisa Roos
U S Treasury ‐ (fair value basis 1.0)
U S Treasury ‐ (fair value basis 1.0)
Interest rate 5.26% at 12/31/23
U S Bank
Water revenue bonds ‐ 2006
Water revenue bonds ‐ 2012
\\rcityfs2\users\lroos\My Documents\Investment Reports\Investment report for Council.xlsx ‐ 2023.12.31
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Attachment: Investment report for Council 12.2023 (4122 : Quarterly Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 02/13/2024
Subject: Clock Repair
RECOMMENDED ACTION:
Direct staff to proceed with repairs to the clock at the library in the amount of $3,188 (funding source: General Fund).
BACKGROUND:
In 2014 the City of Ripon accepted a donation from the Ripon Rotary Club for a 12 foot decorative clock which was installed at the intersection of Main Street and Locust Avenue directly in front of the Ripon Library.
DISCUSSION/ANALYSIS:
In recent years the clock has been adjusted and repaired multiple times by public works staff and outside contractors for various reasons. Currently, both faces of the clock are not operating properly and are in need of repairs. Electric Time Company, Inc., the company who originally supplied and installed the clock, has evaluated the clock and has provided a quotation to make the necessary repairs which includes the replacement of several internal components.
FISCAL IMPACT:
The attached quotation from Electric Time Company, Inc. is in the amount of $3,188 and will be paid for through the General Fund.
Attachments:
1. Service Call Quote - Ripon, CA Post Clock
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ELECTRIC TIME COMPANY, INC. 97 WEST STREET - MEDFIELD, MA USA 02052 PHONE 508-359-4396 - FAX 508-359-4482 [email protected] HTTP://WWW.ELECTRICTIME.COM
January 23, 2024
James Pease
City of Ripon, CA
259 N Wilma Ave.
Ripon, CA 95366
Via E-Mail: [email protected]
Subject: Quotation – Service Call - Rotary Club of Ripon, CA Post Clock Dear James:
Thank you for your interest in Electric Time clocks. In reply to your request, I am sending the following quotation, along with our Standard Terms and Conditions of Sale.
We are pleased to quote on the service call you requested, as follows:
(1) Service call to install replacement parts into Small Two Dial Howard from 2014. Parts to include (2) HMI Replacement Motors, (2) MI CMI Circuit Boards, and (2) Replacement MI sensors for HMI. Movements and hands to be adjusted and tightened as necessary for proper alignment. Glass to be cleaned as needed. Any permits or details, if required, are by others/additional. Includes materials, labor and travel.
All of the above for the net (BUY) price of $3,188.00. This price does not include any sales taxes.
On service calls we require payment in advance or a City Purchase Order. We accept checks, credit cards, and ACH/wire payments. Payments made with a credit card are subject to a 3% convenience fee. We will schedule your service call as soon as possible. Please see enclosed Standard Terms and Conditions of Sale.
If I can be of any further assistance please let me know.
Sincerely,
Susan Weisenfeld
Susan Weisenfeld
Customer Service
[email protected]
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Attachment: Service Call Quote - Ripon, CA Post Clock (4142 : Clock Repair) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 02/13/2024
Subject: Fleet Maintenance Facility Change Order 8
RECOMMENDED ACTION:
Approve Change Order No. 8 for flagpole modifications, electric vehicle charging station conduit, and a credit for the removal of skylights from the contract in the not to exceed amount of $11,920 (funding sources: Corp Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund).
BACKGROUND:
The Fleet Maintenance Facility Project was awarded to Diede Construction, Inc. at the December 13, 2022 City Council meeting for an amount of $11,156,000. The Fleet Maintenance Facility Project will involve the construction of a 12,500 square foot maintenance building and parking lot.
At the March 14, 2023 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $288,622 for raising the elevation of the existing berm at the Wastewater Treatment Plant disposal ponds in order to provide additional storage capacity.
At the June 13, 2023 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $1,466 for additional survey staking.
At the July 26, 2023 City Council meeting, Council approved Change Order No. 3 in the not to exceed amount of $132,150 for electrical revisions and revisions to accommodate SSJID, MID, and Fire Department requirements.
At the August 8, 2023 City Council meeting, Council approved Change Order No. 4 in the not to exceed amount of $4,889 for countertop leg panels, additional concrete for sidewalk, and filling an underground concrete pipe.
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At the September 12, 2023 City Council meeting, Council approved Change Order No. 5 in the not to exceed amount of $62,905 for various contract changes related to unforeseen field conditions, electrical design changes, and new Modesto Irrigation District (MID) requirements.
At the November 14, 2023 City Council meeting, Council approved Change Order No. 6 in the not to exceed amount of $10,424 for an additional structural column, addition of power to electric trap primers, modifying existing storm drain manhole elevation, and piping credit.
At the December 12, 2023 City Council meeting, Council approved Change Order No. 7 in the not to exceed amount of $26,385 for additional grading and paving, restroom wall tile changes, fixture credit, and doorframe and hardware changes.
DISCUSSION:
The Fleet Maintenance Facility Project has the following contract changes:
Flagpole modifications: The original bid included a flagpole that could hang up to a 5’x7’ flag and did not require lighting. The City plans to install a larger flagpole in the future that will require lighting. The original flagpole will no longer be installed as part of this contract and the Contractor installed the required conduit for the future flagpole lighting. The removal of the flagpole from the project resulted in a $5,288 credit and the addition of conduit for future flagpole lighting added a cost of $3,901. The net credit issued for this change is $1,387.
Electric vehicle (EV) charging station conduit: The original bid package included conduit for future EV charging station locations, but none of the locations were in parking spaces intended for larger vehicles. Staff requested a change order from the Contractor to run four conduit lines to the larger parking stalls for future EV charging stations. The additional cost related to this change is $18,613.
Skylight credit: The original contract included translucent panels that are no longer manufactured and therefore will not be installed. The Contractor has issued a credit for the installation and materials associated with this work. The amount of credit issued for this change is $5,306.
The additional work is to be billed at a cost not to exceed $11,920.
FISCAL IMPACT:
The attached Change Order No. 8 is in the amount of $11,920 and will be allocated to the Corp Yard AB1600 Fund (47.0%), Water, Sewer and Storm Enterprise Capital Funds (15.8%) and General Capital Fund (37.2%). The amended construction contract price is shown in Table 1.
Table 1 – Current Contract Price
Amount
Original Contract Price $ 11,156,000
Change Orders (1-8) $ 538,761
Current Contract Price $ 11,694,761
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On December 13, 2022, City Council approved the total cost of the Fleet Maintenance Facility Project which included $1,115,600 for construction contingency. Change Order No. 1 did not utilize the project contingency because the work was performed at the Wastewater Treatment Plant disposal ponds. The total remaining contingency after subtracting Change Orders No. 2 through 8 is $865,461.
Attachments:
1. CO 8
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CITY OF RIPON
PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 8 DATE: 2/13/2024
PROJECT: Fleet Maintenance Facility Project SHEET 1 OF 1 SHEETS TO: Diede Construction, Inc.
NOTE: This change order is not effective until approved by the CITY ENGINEER.
Description Cost
Addition of the following items:
Flagpole credit (PC #109) -$5,288.00
Flag Pole Lighting (PC #110) $3,901.00
Skylight install credit (PC #111) -$3,050.00
Skylight material credit (PC #112) -$2,256.00
EV charging station conduit (PC #74) $18,613.00
Total: $11,920.00
Not to Exceed Cost: Increase
Approval Recommended: Date:
Approved: Date:
Accepted, Date _____________________ Contractor
By ___________________________________ Title
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.
Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.
Change requested by the Engineer.
If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.
All work shall be in accordance with City Standards.
Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$11,920.00
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 2 Calendar Day
1.4.C.a
Packet Pg. 103 Attachment: CO 8 (4152 : Fleet Maintenance Facility Change Order 8) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 02/13/2024
Subject: Assignment and Assumption Agreement - Pereira
RECOMMENDED ACTION:
Consent to the Assignment and Assumption Agreement allowing JKB Living, Inc. to purchase a portion of the Pereira residential development project and land from HPG Ripon Development, LLC and Pereira Properties, a California general partnership, located at 22898 S. North Ripon Road (APN: 261-210-08) and authorize the Mayor to sign the acknowledgement and acceptance by the City.
DISCUSSION/ANALYSIS:
The Pereira residential development project was initially approved on April 14, 2020 and a Development Agreement was entered into between the City of Ripon and HPG Ripon Development LLC, Pereira Properties, a California general partnership and Gregory R. and Donna L. Miller, husband and wife as Joint Tenants. The development project is located just north of Boesch Drive between North Ripon Road and John Roos Avenue. The project is a low density single family home development project containing forty-seven (47) homes.
On December 26, 2023 the City received a request to assign the Pereira’s portion of the Development Agreement to JKB Living, Inc., who have entered into a purchase agreement with HPG Development LLC and Pereira Properties, a California general partnership for their property. The attached assignment and assumption agreement allows for this transaction.
Attachments:
1. Assignment and Assumption of DA - Ledeboer to JKB
1.4.D
Packet Pg. 104
1 RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Ripon
259 N. Wilma Avenue
Ripon, California 95366
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
This Assignment and Assumption of Development Agreement (the “Assignment”) is made and entered into this ___ day of _______________, 2024, by between HPG Ripon Development LLC and Pereira Properties, a California general partnership (collectively, “Developer/Owner/Assignor”) and JKB Living, Inc. (“Assignee”) with reference to the following facts:
A. On or about April 14, 2020, the City of Ripon (“City”), entered into a Development Agreement with HPG Ripon Development LLC and Pereira Properties, a California general partnership (collectively “Developer”), and Gregory R. Miller and Donna L. Miller, husband and wife as Joint Tenants (“Owner/Assignor”), for the development of real property (the “Subject Property”) which was recorded on July 9, 2020, as Instrument No. 2020-082005, Official Records of San Joaquin County, California, referred to as the “Development Agreement.” Owner/Assignor executed the Development Agreement in its capacity as owner of a portion of the Subject Property (“Owner’s Parcel”), as required by law; B. Section 10 of the Development Agreement provides for the assignment by Assignor and/or Owner/Assignor of all or any portion of Owner/Assignor’s interests, rights, or obligations in the Development Agreement to third parties upon approval by the City, such approval not to be unreasonably withheld;
C. In accordance with the terms of the Development Agreement, Owner/Assignor has provided to the City a written request for consent to assignment of its obligations under the Development Agreement to Assignee, a copy of which is attached hereto as “Exhibit 1,” and the City Council has received such testimony and other information as it deems appropriate and as is deemed appropriate by the City Attorney for the purpose of determining that Assignee is a qualified applicant for purposes of the foregoing terms of the Development Agreement. This Assignment is intended to meet the requirements of the Development Agreement as an Assignment and Assumption Agreement, and is executed with the consent of the City as contemplated in the Development Agreement.
NOW, THEREFORE, in consideration of the covenants and agreements of the Parties as set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The foregoing Recitals are true and are incorporated herein by this reference as though set forth in full.
2. Assignment. Owner/Assignor hereby assigns and delegates to Assignee all of its interest in all rights, obligations and duties of Owner/Assignor under the terms of the Development Agreement with respect to the development of the Owner’s Parcel as described in the Development Agreement, including all exhibits thereto. The term “Assignee” shall include related entities of Assignee.
3. Assumption. Assignee hereby accepts the foregoing assignment and delegation and agrees to perform the obligations of Owner/Assignor under the Development Agreement, as defined herein, to the extent not sooner performed by Owner/Assignor. Assignee represents and warrants that it has carefully
1.4.D.a
Packet Pg. 105 Attachment: Assignment and Assumption of DA - Ledeboer to JKB (4146 : Assignment and Assumption Agreement - Pereira) 2 reviewed the Project and the Development and other approvals and is prepared to implement the Project in accordance with the terms and conditions thereof.
4. Effective Date. The foregoing assignment and delegation and assumption, and the City’s consent hereto, shall take effect and be binding upon Assignee upon the approval by the City Council of this Agreement.
5. Condition. Assignee represents and warrants that it has reviewed and is familiar with the terms and conditions of the Development Agreement, and for the benefit and reliance of City, that it acknowledges that the obligations, rights and duties are as set forth in the Development Agreement, and that the duties of the Developer thereunder and the duties of Assignee hereunder, as between Assignee and the City, shall be without reference to any underlying agreements or understandings that may exist between Assignee, Developer or any Owner/Assignor or other party with respect to the subject matter hereof, and that the City is not a party to such other agreements.
6. Payment of Costs. As a condition of, and prior to approval of this Assignment by the Ripon City Council, Assignee shall reimburse City’s reasonable costs, including staff time and attorneys’ fees in connection with the preparation of this Assignment in the agreed amount of ONE THOUSAND FIVE HUNDRED Dollars ($1,500). Assignee shall also pay all recording costs of the City in connection with the recording of this Assignment.
[Signatures on Following Page]
1.4.D.a
Packet Pg. 106 Attachment: Assignment and Assumption of DA - Ledeboer to JKB (4146 : Assignment and Assumption Agreement - Pereira) 3 IN WITNESS WHEREOF, the undersigned have executed this Assignment the date and year first above set forth.
“DEVELOPER/OWNER/ASSIGNOR”
HPG Ripon Development, LLC and Pereira
Properties, a California general partnership
Dated: _____________________ By: ______________________________________ Doug Ledeboer, Managing Member
Dated: _____________________ By: ______________________________________ Owner – Dan Pereira
“ASSIGNEE”
JKB Living, LLC
Dated: _____________________ By: ______________________________________ James K. Brenda, President
1.4.D.a
Packet Pg. 107 Attachment: Assignment and Assumption of DA - Ledeboer to JKB (4146 : Assignment and Assumption Agreement - Pereira) 4 ACKNOWLEDGMENT AND ACCEPTANCE BY CITY
The City of Ripon, California, hereby executes this acknowledgment and acceptance certificate, not as a party to the Assignment and Assumption Agreement, but for the purpose of acknowledging the terms thereof, and confirming that the City Council of City has consented to the assignments set forth herein and that the City Attorney of City has approved the Assignment as to form in accordance with the Development Agreement referred to above.
CITYOF RIPON
a California Municipal Corporation
By: ______________________________
Leo Zuber, Mayor
Dated: ____________________, 2024
ATTEST: CLERK OF THE CITY COUNCIL
By: ________________________________
Lisa Roos, City Clerk
Dated: ____________________, 2024
APPROVED AS TO FORM: CITY ATTORNEY
By: ________________________________
Thomas H. Terpstra
Dated: ____________________, 2024
1.4.D.a
Packet Pg. 108 Attachment: Assignment and Assumption of DA - Ledeboer to JKB (4146 : Assignment and Assumption Agreement - Pereira) 5 Exhibit 1
1.4.D.a
Packet Pg. 109 Attachment: Assignment and Assumption of DA - Ledeboer to JKB (4146 : Assignment and Assumption Agreement - Pereira) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 02/13/2024
Subject: JKB Reimbursement Agreement
RECOMMENDED ACTION: Approve and authorize the Mayor to sign the Pereira Property Reimbursement Agreement with JKB Living, Inc. that provides reimbursement for staff time to respond issues related to development of the Pereira residential subdivision project located at 22898 S. North Ripon Road (corner of N. Ripon Road and Boesch Drive).
BACKGROUND: JKB Living, Inc. is seeking to develop the approved Pereira residential subdivision project on approximately 12.5 acres located at 22898 S. North Ripon Road. The reimbursement agreement provides an opportunity for the City to get reimbursed for staff time and consultant management during the development process for this project.
Attachments:
1. Reimbursement Agreement
1.4.E
Packet Pg. 110
1 PEREIRA SUBDIVISION
REIMBURSEMENT AGREEMENT
This agreement (“Agreement”) is made, and entered into this 13th day of February, 2024 (“Effective Date”) by and between the City of Ripon (“CITY”) and JKB Living, Inc. (“DEVELOPER”).
WHEREAS, DEVELOPER intends to assume the Pereira Subdivision Development Project, which includes, but is not limited to, an Annexation, a Development Agreement, a Prezone, and a Tentative Subdivision map related to use of its property consisting of approximately 12.43 acres more or less located east of North Ripon Road, west of John Roos Avenue and North of Boesch Drive in the City of Ripon’s General Plan Boundaries consisting of Assessor’s Parcel Number 261-120-08 (the “Property”).
For purposes of this Agreement, reviewing and processing DEVELOPER’S applications, including, but not limited to, all activities related to the entitlement processing, development, and construction of the above-referenced project and related uses shall be referred to as the “Project.” WHEREAS, DEVELOPER and CITY expect that the Project will require CITY to expend resources in working with DEVELOPER prior to and after DEVELOPER’S submission of applications for approval of the Project, including, but not limited to, processing of DEVELOPER’S applications, permits, maps and other entitlements related to the Project.
WHEREAS, CITY and DEVELOPER have agreed that DEVELOPER shall be responsible for reimbursing CITY for all costs and expenses incurred by CITY with respect to the Project, including costs of staff time, consultants’, and attorneys’ fees in accordance with the terms of this Agreement.
NOW, THERFORE, in consideration of the foregoing promises and in order to carry out the intent and purpose of applicable codes, ordinances, resolutions and regulations, DEVELOPER and CITY agree as follows:
SECTION 1. THE SECURITY DEPOSIT.
1.1 Posting of the Security Deposit. Upon execution of this Agreement, DEVELOPER shall deposit with CITY in a manner reasonably satisfactory to CITY the total amount of Ten Thousand Dollars ($10,000) hereafter referred to as the “Security Deposit.” The Security Deposit shall be held by the CITY as security for the full and faithful performance by the DEVELOPER of all the terms and conditions of this Agreement.
(a) In the event that this Agreement is terminated in accordance with Section 6 below, the CITY and DEVELOPER shall meet in good faith to negotiate the form and amount of security, if any, that will be required to meet any post-termination indemnification obligations of the DEVELOPER. If no Agreement can be reached as to the amount of post-termination security required, the CITY and DEVELOPER shall use the alternative dispute resolution procedures set forth in SECTION 10 of this Agreement to resolve this issue.
(b) Withdrawal of and Maintenance of Security Deposit. If DEVELOPER defaults on its obligations to provide and maintain any deposit required by this Agreement or to timely pay for any Project Costs as defined in SECTION 2 below, then CITY shall be entitled to draw upon the Security Deposit to recover any and all sums in default. The Security Deposit shall be required for as long as the DEVELOPER is bound by any financial obligation(s) under this Agreement. If CITY is required to draw upon the Security Deposit, DEVELOPER shall immediately replenish the Security Deposit and maintain
1.4.E.a
Packet Pg. 111 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 2 with the CITY at all times a Security Deposit in the amount of the Ten Thousand Dollars ($10,000) to secure payment to the CITY for Project Costs.
(c) Investment. CITY shall maintain the Security Deposit in an interest-bearing dedicated account for the benefit of DEVELOPER. DEVELOPER acknowledges and agrees that it shall not receive any interest on the Security Deposit, in lieu of paying staff costs for account maintenance and interest tracking. CITY shall at all times maintain records as to the expenditure of the Security Deposit; provided, however, CITY may use the Security Deposit only as set forth herein. The Security Deposit may be invested by CITY in lawful investments, in accordance with CITY’S established investment policies.
(d) Return of Deposit after CITY Approval. CITY shall return to DEVELOPER any funds remaining on deposit after one hundred and eighty (180) days have passed since CITY’S approval of the last discretionary permit or entitlement for full build-out of the Project, and the CITY has received from DEVELOPER payment of all Project Costs accrued, as required under Section 2 of the Agreement except to the extent that DEVELOPER has not satisfied its indemnification obligations per Section 7 of this Agreement.
(e) Subsequent Replenishment of Security Deposit. In the event DEVELOPER seeks another discretionary permit(s) or entitlement(s) related to the Project after CITY returns any remaining funds on deposit pursuant to Section 1(e) of the Agreement, DEVELOPER shall replenish the Security Deposit in the total amount of Ten Thousand Dollars ($10,000) or such other amount as CITY, in consultation with DEVELOPER, may determine to be reasonably necessary to secure payment of Project Costs as contemplated under the Agreement. DEVELOPER agrees to replenish the Security Deposit at the time DEVELOPER submits the application for such subsequent discretionary permit(s) or entitlement(s). DEVELOPER further agrees that any such application shall not be determined complete by CITY until the Security Deposit is replenished as required under this Section 1(f).
SECTION 2. PROJECT COSTS TO BE REIMBURSED. DEVELOPER shall be responsible for payment of all reasonable direct and indirect costs incurred by CITY as a result of the Project (“Project Costs”), which are incurred by the CITY after the date of this Agreement. During the term of this Agreement, so long as DEVELOPER is fulfilling its obligations hereunder, CITY shall process DEVELOPER’S application(s) for the Project until such time as CITY approves or denies such application(s). Project Costs shall include, but are not limited to:
(a) All actual CITY staff time, including, but not limited to, the Planning Department, Public Works Department, Engineering Department, Administration, City Clerk, City Attorney (Law Office of Thomas H. Terpstra) expended on Project-related activities and/or litigation.
Such staff time includes direct labor costs as well as departmental and indirect overhead costs. A schedule of all individuals anticipated to be working on the Project, and their hourly rates, is shown on the attached Exhibit A.
(b) All actual costs, not specified in Section 2(a) above, expended on Project-related activities (e.g., costs of telephone, mileage, supplies, postage, etc.). Such costs shall not include general overhead, but shall be limited to costs incurred solely because of the Project. Any travel that will be in excess of twenty-five (25) miles must be approved in advance by DEVELOPER, which approval shall not be unreasonably withheld.
(c) All actual costs of any outside consultants hired to assist CITY with Projectrelated activities and/or litigation, including, but not limited to, attorneys, planning and design consultants, engineers, hydrologists, traffic consultants, biologists, archeologists, CEQA consultants and
1.4.E.a
Packet Pg. 112 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 3 other technical and professional consultants as deemed necessary by CITY in processing the Project.
CITY shall use its best efforts to use CITY staff in lieu of outside consultants when CITY staff is available and can perform the same task for less cost than an outside consultant.
With respect to any consultants to be retained by CITY in connection with review of the Project pursuant to CEQA, CITY will meet and confer with DEVELOPER in order to obtain input regarding the consultants under consideration. In selecting a consultant, CITY shall consider the following factors, at a minimum: proposed price to complete work; extent of relevant experience; strength of references; strength of individual team members who would be tasked with key analyses; general reputation; and for any environmental consultant, its track record for preparing documents that have survived judicial challenge under the California Environmental Quality Act (CEQA). While CITY agrees to meet and confer with DEVELOPER prior to selecting any outside consultant and to consider the above factors, the CITY retains the sole discretion to select or hire any outside consultant.
SECTION 3. PROCESS FOR REIMBURSEMENT OF PROJECT COSTS.
(a) CITY shall prepare and provide DEVELOPER (by regular mail, electronic mail or facsimile) monthly summaries reflecting all Project Costs set forth in Sections 2(a)-(c) above incurred during each month.
(b) Following execution of this Agreement, DEVELOPER shall deposit with the CITY in a separate account (hereinafter the “Cost Deposit”) the amount of Twenty Thousand Dollars ($20,000) to pay for all costs set forth in Sections 2 (a)-(c) and any other Project Cost(s). DEVELOPER agrees to replenish and maintain at all times a Cost Deposit balance of at least Ten Thousand Dollars ($10,000).
Failure by DEVELOPER to maintain a Cost Deposit balance of $10,000 shall be considered a default by DEVELOPER of the terms and conditions of this Agreement. CITY shall maintain the Cost Deposit in an interest-bearing dedicated account for the benefit of DEVELOPER. DEVELOPER acknowledges and agrees that in lieu of paying staff costs for maintenance and tracking of interest, DEVELOPER elects to waive any interest on the Cost Deposit. CITY shall at all times maintain records as to the expenditure of the Cost Deposit; provided, however, CITY may use the Cost Deposit only as set forth herein. The Cost Deposit may be invested by CITY in lawful investments, in accordance with CITY'S established investment policies.
(c) For those Project Costs set forth in Sections 2(a)-(c), CITY shall provide a written, monthly summary to DEVELOPER of all Project Costs charged by CITY against the Cost Deposit. The written summary shall be supported by appropriate documentation such as timesheets, invoices, and receipts. For those Project Costs set forth in Section 2(c) above, CITY shall pay said costs directly to the outside consultants, list those payments on the monthly summary, and provide appropriate documentation indicating the name of each outside consultant and the services provided. In addition, CITY shall provide DEVELOPER on a monthly basis (by regular mail, electronic mail, or facsimile) a copy of any and all consultant invoices paid directly by CITY during the preceding month. CITY shall have the right to redact from such documentation any information that CITY reasonably determines is privileged, confidential, or not otherwise subject to release pursuant to the California Public Records Act (Gov’t Code § 54950 et seq.).
SECTION 4. FEES, PERMITS AND CITY REGULATIONS. This Agreement replaces any discretionary land use permit application fees normally collected by the CITY at the time an application for a proposed project is made. Notwithstanding the foregoing, DEVELOPER shall be responsible to pay any fee not expressly abrogated by this Agreement, including, but not limited to, development impact fees, any ministerial fee(s) on required Project permits such as building permits, grading permits, and the like, and any fees or expenses approved by the Planning Commission and/or City Council that are made
1.4.E.a
Packet Pg. 113 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 4 part of the Project’s conditions of approval. Nothing in this Agreement shall be deemed to abrogate the responsibility of DEVELOPER to obtain any required permit(s) or comply with any laws associated with any applications, permits, studies, or construction activities related to the Project. This Agreement does not apply to any fees DEVELOPER is required to pay to any entity other than the CITY of Ripon, any state or federal agency, or on any new application or project.
SECTION 5. TERM. Subject to Section 6, the term of this Agreement shall commence on the Effective Date and terminate upon the later of: one (1) year from the issuance of a certificate of completion for the last of the Project-related improvements; or (b) one (1) year from the last date that DEVELOPER is required to maintain Project-related improvements(s) set forth in any applicable improvement or development agreements related to the Project; or (c) one (1) year from the approval of the final phase of the Project. Nothing herein shall be deemed to abrogate DEVELOPER’S responsibility to pay for ongoing expenses, including litigation expenses, incurred by CITY as a result of Project-related activities, which activities occurred during the term of this Agreement. Nothing in this Agreement shall be construed to vest any rights to develop the Project or require CITY approval of the Project.
SECTION 6. TERMINATION. Developer may, at its option, terminate this Agreement at any time on thirty (30) days’ prior written notice to CITY (“Termination Notice”) if DEVELOPER determines not to proceed with the Project. In the event of termination, DEVELOPER shall be responsible for the payment of all Project Costs incurred up to and including the date of termination. CITY shall apply the sums maintained in the Security and Cost Deposit to any unreimbursed Project Costs through the termination date, and CITY shall then refund any remaining Security and Cost Deposit funds to DEVELOPER within thirty (30) days of the date of termination.
SECTION 7. INDEMNIFICATION. In addition to Project Costs, DEVELOPER shall defend, indemnify, and hold CITY free and harmless from any and all suits, fees, claims, demands, causes of action, proceedings (hereinafter collectively referred to as “Legal Actions”), costs, losses, damages, liabilities and expenses (including, but not limited to, an award of attorneys’ fees, expert witness fees, and court costs) incurred by CITY arising (directly or indirectly) or resulting from the review, processing, consideration, or from the approval of DEVELOPER’S Project or action taken by CITY thereon.
DEVELOPER’S obligations pursuant to this SECTION 7 shall survive suspension or termination of this Agreement.
(a) In the event the CITY’S processing of the Project results in any Legal Action being initiated, the CITY shall notify DEVELOPER promptly of any such action. DEVELOPER will provide and take primary responsibility for the legal defense of itself and the CITY (hereinafter referred to as the “Joint Legal Defense”) to the fullest extent possible. DEVELOPER shall defend CITY'S actions with competent legal counsel of DEVELOPER'S choice without charge to CITY, subject to CITY approval. For purposes of this Agreement, a complaint including the recovery of attorney fees and costs will be considered a request for “monetary damages.” CITY and DEVELOPER shall cooperate in good faith in the defense of any Legal Action that names the CITY as a party and for which the DEVELOPER undertakes the primary responsibility for the Joint Legal Defense of in accordance with the terms of this Section 7. CITY, through the CITY Attorney's Office, shall be kept apprised by the DEVELOPER and retained counsel of significant dates and hearings, shall receive copies of all pleadings filed in the matter by any party, and shall be allowed to participate in strategic decisions regarding the development of any applicable defense strategies and in preparing pleadings, prior to filing. DEVELOPER and CITY may enter into a “Joint Legal Defense Agreement” amending any terms hereto. (b) In the event of any Legal Action against CITY and/or DEVELOPER, CITY will protect from public disclosure to the fullest extent possible, any communications between its attorneys and those representing DEVELOPER in said action. The parties intend that communications between
1.4.E.a
Packet Pg. 114 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 5 CITY Counsel, retained counsel, and/or CITY staff, for purposes of the joint defense of a legal action, are entitled to the attorney-client privilege and/or work product privilege and are to be protected from disclosure through the exemption contained in Cal. Gov’t. Code § 6254(b) and/or (k), Evidence Code section 954 and/or Code of Civil Procedure section 2018.030. Similarly, communications between City Attorney and the City Council will be held in Closed Session pursuant to Cal. Gov’t. Code §54956.9 to the maximum extent possible. Any Legal Action seeking to compel disclosure of privileged communications shall be defended by DEVELOPER in accordance with the terms and conditions set forth in this Section 7.
(c) Nothing contained in this Section 7, however, shall be construed to limit the discretion of CITY, in the interest of the public welfare, to settle, defend, or appeal, or to decline settlement or to terminate or forego defense or appeal of a Legal Action at its own expense. In no event shall CITY have any obligation or liability to DEVELOPER in connection with CITY'S defense or prosecution of litigation related to the Project (including, but not limited to, the outcome thereof) or in the event CITY elects not to prosecute a case or defend litigation brought against it. The failure of DEVELOPER to undertake the defense of any Legal Action within the scope of this Section 7 or the decision of DEVELOPER to terminate, forego, or abandon the defense or appeal of a Legal Action may be treated by CITY as an abandonment of the Project by DEVELOPER and will relieve CITY from any further duty, legal or otherwise, to continue to process DEVELOPER’S Project. (d) If either CITY or DEVELOPER determines in good faith that common counsel presents a bona fide conflict of interest, then CITY may employ separate counsel to represent or defend the CITY, and DEVELOPER shall pay the reasonable attorneys’ fees and costs of such counsel within thirty (30) days of receiving an itemized billing statement. Failure by the DEVELOPER to reimburse CITY for its separate counsel may be treated as an abandonment of the Project by the DEVELOPER.
SECTION 8. NOTICES. All notices called for in this Agreement shall be given in writing by personal delivery, or electronic mail (with copy of such notice sent not later than the next day by mail or overnight private courier in accordance with the provision herein) or by overnight mail or overnight private courier.
Electronic mail notices shall be deemed received on the day sent if sent prior to 6:00 p.m. Pacific Time or if sent after 6:00 p.m. Pacific Time, then deemed received on the next day. Overnight mail or couriered notices shall be deemed received the next business day following deposit into the U.S. mail or delivery to the private courier. First class mail, postage prepaid, shall be deemed received three days after postmark.
Mailed or couriered notices shall be addressed as set forth below, but either party may change its contact information by giving written notice thereof to the other in accordance with the provisions of this Section
8. To the CITY: Ken Zuidervaart
CITY of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
e-mail: [email protected]
To DEVELOPER: JKB Living Inc.
P.O. Box 2998
Turlock, CA 95382
[email protected]
To CITY ATTORNEY: Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
[email protected]
1.4.E.a
Packet Pg. 115 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 6 SECTION 9. DEFAULT BY DEVELOPER. If DEVELOPER defaults in its obligations to provide and maintain the deposits required by this Agreement or to timely pay for any Project Costs as required under this Agreement, then CITY, at CITY’S option, may suspend any activities related to the Project upon thirty (30) days’ written notice to DEVELOPER. During the pendency of any notice period, whether for monetary or non-monetary default(s), CITY, at CITY'S option, may suspend processing and/or consultant activities related to the Project until such default is cured by DEVELOPER. CITY shall give DEVELOPER written notice of such default and any decision by the CITY to suspend processing and/or consulting activities related to the Project activities. Subject to Section 10 below, CITY may terminate this Agreement and institute legal proceedings, with no further notice to DEVELOPER, if such default is not remedied by DEVELOPER within thirty (30) days after such notice is given by CITY to DEVELOPER. Upon such termination, CITY shall not be obligated to expend any additional funds on Project-related matters; however, CITY may, in its discretion (such discretion to be exercised in good faith), expend Deposit funds after termination of this Agreement as necessary to complete Project-related activities already commenced or for which monetary obligations have already been incurred.
Maintenance of any deposit required by this Agreement shall be made a condition of any Tentative or Final Map for the Project, or, if no map is required, of the first discretionary approval. Subject to Section 10, DEVELOPER consents and agrees not to object to, appeal, or protest any of the conditions and/or payments referenced in this Section 9.
SECTION 10. DISPUTE RESOLUTION. If a dispute arises related to the interpretation or enforcement of, or compliance with, the terms and provisions of this Agreement (“Dispute”), CITY and DEVELOPER shall first attempt to resolve it through informal discussions. In the event a Dispute cannot be resolved in this manner within sixty days (60) days after the Dispute arises, then CITY and DEVELOPER shall engage in the following Alternative Dispute Resolution procedures:
(a) Mediation: The CITY and DEVELOPER agree that any and all disputes, claims, or controversies between CITY and DEVELOPER and arising of or related to this Agreement shall be submitted to the Sacramento, California office of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS for final binding arbitration pursuant to the arbitration clause set forth below. Either CITY or DEVELOPER may commence mediation by providing to JAMS and the other party a written request for mediation setting forth the subject of the dispute and the relief requested. CITY and DEVELOPER will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. If the parties cannot agree on the appointment of a mediator or the date of the mediation within thirty (30) days after the written request for mediation, then JAMS shall appoint the mediator at its discretion and/or set a mediation date. CITY and DEVELOPER covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator and any JAMS employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation or other proceedings involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in mediation.
Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for an action to obtain equitable relief, neither party may commence civil litigation. Either CITY or DEVELOPER may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following completion of the initial mediation session or sixty (60) days after the date of the written request for mediation, whichever occurs last. Mediation may continue after the commencement of arbitration, if CITY and DEVELOPER so desire. Unless otherwise agreed to by CITY and DEVELOPER, the mediator shall be disqualified from serving as the arbitrator in the case. The provisions of this clause may be enforced by any Court of
1.4.E.a
Packet Pg. 116 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 7 competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered. (b) Arbitration: Any dispute, claim or controversy between CITY and DEVELOPER arising out of this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, not resolved by the mediation process set forth above, shall be determined by arbitration to be held in San Joaquin County before one arbitrator. Neither party may request an arbitration hearing in conformity with this arbitration clause until after the matter has been submitted to mediation in conformity with the mediation clause set forth above and the initial mediation session has been completed or sixty (60) days has passed since the date of the initial written request for mediation, whichever occurs last. The arbitration shall be administered by the Sacramento, California office of JAMS pursuant to its Streamlined Arbitration Rules and Procedures, which rules shall govern the commencement of the arbitration and the selection of the arbitrator among other things. Judgment on the Arbitrator’s Award may be entered in the San Joaquin County Superior Court or any court having jurisdiction. This clause shall not preclude CITY or DEVELOPER from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The costs and fees of arbitration (including those fees and expenses set forth in JAMS’ fee schedule in effect at the time of commencement of the arbitration) shall be borne equally by CITY and DEVELOPER, and each side shall be responsible for its own attorney’s fees and expert witness’ fees.
The dispute resolution process shall be undertaken in good faith. A mediator or arbitrator other than JAMS may be agreed to by CITY and DEVELOPER in writing. By agreeing to this dispute resolution process, neither CITY nor DEVELOPER hereby loses or waives its right to assert the operation of any applicable statute of limitations as an affirmative defense. The arbitration award shall be final and binding upon CITY and DEVELOPER and each agrees that it will accept such decision and award as binding and conclusive and will abide thereby.
SECTION 11. NO WAIVER OF IMMUNITIES. Nothing in this Agreement shall be construed as a waiver by CITY of any of the immunities granted to it under Federal, State or local law, including the provisions of Sections 818.6, 830.6 and 831.3 of the California Government Code.
SECTION 12. COMPLETE AGREEMENT. Except as may otherwise be explicitly set forth herein, this Agreement constitutes the final, complete, and exclusive statement of the terms hereof between CITY and DEVELOPER related to the subject matter set forth herein. Neither party is relying on any representation or warranty outside those expressly set forth in this Agreement. Any and all amendments to this Agreement shall be in writing, shall be stated as an amendment to this Agreement and shall be executed by both parties.
SECTION 13. EXHIBITS. The Exhibits attached to this Agreement are part of this Agreement and are incorporated into this Agreement by reference.
SECTION 14. UNENFORCEABILITY; SEVERABILITY. If a court of competent jurisdiction holds any Agreement clause to be invalid or unenforceable in whole or in part for any reason, the validity and enforceability of the remaining clauses, or portions of them, shall not be affected unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provision. To that end, this Agreement shall be construed as not containing such clause and the provisions of this Agreement are declared to be severable.
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Packet Pg. 117 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 8 SECTION 15. SUCCESSORS AND ASSIGNS. This Agreement shall bind and benefit DEVELOPER and CITY and their successors-in-interest, whether voluntary or involuntary. DEVELOPER agrees to require any successor to assume all duties and obligations set forth herein. DEVELOPER shall provide CITY with notice of any transfer of ownership interest in the Project or subject property.
SECTION 16. APPLICABLE LAW. This Agreement shall be construed and enforced in accordance with the laws of the State of California. Every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted, and this Agreement shall be read and enforced as though it were included, and if through mistake or otherwise any provision is not inserted or is not correctly inserted, upon application of either party this Agreement shall be amended to make the insertion or correction. All references to statutes and regulations shall include all amendments, replacements, and enactments on the subject as of the Effective Date and any later changes which do not materially and substantially alter the positions of CITY and DEVELOPER.
SECTION 17. NO THIRD PARTY RIGHTS. This Agreement is not intended to be, and shall not be, construed to create any third party beneficiary rights in any person or entity who is not a party, unless expressly provided herein.
SECTION 18. NO JOINT VENTURE OR PARTNERSHIP. The parties specifically acknowledge that each party is an independent entity with respect to the terms contained in this Agreement. None of the terms of this Agreement shall be deemed to create a partnership between the parties in the businesses of DEVELOPER or the affairs of CITY, or otherwise, or cause them to be considered joint venturers or members of any joint enterprise.
SECTION 19. CONSTRUCTION. Each party hereto declares and represents that in entering into this Agreement, it has relied and is relying solely upon its own judgment, belief, and knowledge of the nature, extent, effect, and consequence relating thereto. Each party further declares and represents that this Agreement is made without reliance upon any statement or representation not contained herein of any other party or any representative, agent, or attorney of the other party. The parties agree that they are aware they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.
SECTION 20. TIME IS OF THE ESSENCE. For the purpose of this Agreement and of each provision of this Agreement, time is of the essence.
SECTION 21. COOPERATION. DEVELOPER and CITY shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.
SECTION 22. JURISDICTION AND VENUE. This Agreement is executed and is to be performed in the CITY of Ripon, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Joaquin. CITY and DEVELOPER each consent to the personal jurisdiction of the court in any such action or proceeding.
SECTION 23. REPRESENTATIONS OF AUTHORITY. Each party signing this Agreement represents and warrants to the other party that all necessary legal prerequisites to that party’s execution of this Agreement have been satisfied and that the signatory has been authorized to sign this Agreement and bind the party on whose behalf the signatory signs.
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Packet Pg. 118 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 9 SECTION 24. NO PROMISE OR REPRESENTATION. DEVELOPER and CITY agree that nothing in this Agreement is to be construed as a representation, promise, or commitment on the part of CITY to give special treatment to, or exercise its discretion favorably for, the Project or DEVELOPER.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written.
City of Ripon “DEVELOPER”
By: ___________________________ By: ___________________________ Date: __________________________ Date: __________________________ ATTEST
Lisa Roos, City Clerk
By: ___________________________
Date: __________________________
APPROVED AS TO LEGAL FORM
City Attorney
By: ___________________________
Date: __________________________
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Packet Pg. 119 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) 10 Exhibit A
2023-2024 Staff
Hourly
Rates
City Administrator $171.37
Planning Director $146.87
City Engineer $171.37
Public Works Director $131.97
Parks & Recreation Director $110.81
Chief of Police $198.33
Building Official $91.09
Associate Engineer $71.16
Planning Secretary $62.71
City Clerk/Finance Director $144.87
Information Systems Tech II $52.08
City Attorney $295.00
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Packet Pg. 120 Attachment: Reimbursement Agreement (4147 : JKB Reimbursement Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 02/13/2024
Subject: Supplemental Lease Amendment No. 3 - Army Corps of Engineers RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Supplemental Lease Amendment No. 3 with the Department of the Army for the Lower Stanislaus River Park (area around the bike bridge).
BACKGROUND:
Since 2000, the City of Ripon has been leasing the Lower Stanislaus River Park from the Department of the Army Corp of Engineers located at the end of Parallel Avenue (see figure below).
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The lease is contingent on the use of the property for public recreation purposes. The City is required to provide the following:
1. Collection of refuse,
2. Cleaning and pumping, if necessary, of public sanitation facilities,
3. Public safety patrols,
4. Maintenance of the trails, vegetation, stream bank erosion, fire hazard reduction, and maintenance of the pedestrian bridge,
5. Hazardous materials response and containment,
6. Endangered species habitat recognition and monitoring, while working with the Department of the Army,
7. Emergency medical response, in cooperation with the Ripon Consolidated Fire District, and
8. Graffiti removal.
The current lease expired on January 31, 2024.
DISCUSSION/ANALYSIS:
Staff is recommending the City Council approve and authorize the Mayor to sign the Supplemental Lease Amendment No. 3 with the Department of the Army for the Lower Stanislaus River Park extending the lease an additional 20 years through January 31, 2044.
FISCAL IMPACT:
The annual expense to perform the City’s lease requirements is $25,000 during a typical year, which is paid by the General Fund. This amount can increase, largely a result of additional police patrols that are needed as a result of complaints of illegal activity in this area. There is no lease payment made to the Army Corps of Engineers for the lease agreement.
Attachments:
1. 01-512 - Supplemental Agreement No 3
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SUPPLEMENTAL AGREEMENT NO. 3
TO
DEPARTMENT OF THE ARMY
LEASE NO. DACW05-1-01-512
STANISLAUS RIVER PARKS
SAN JOAQUIN COUNTY, CALIFORNIA
By this Supplemental Agreement No. 3, made and entered into by and between the Secretary of the Army and the City of Ripon, San Joaquin County, California, hereinafter referred to as the lessee, it is mutually agreed that for the consideration stated herein, Lease No. DACW05-1-01-512 is modified in the following particulars:
1. The parties hereto mutually agree to extend the lease for an additional twenty (20) year period beginning February 1, 2024 and ending January 31, 2044.
Said lease is modified in the preceding particulars only, and all other provisions and conditions thereof, including and previous modifications thereto, shall remain binding and in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this _____ day of ____________________, 2024. ___________________________________
PETER L. SHTEYN
Deputy Chief, Real Estate Division
Real Estate Contracting Officer
U.S. Army Corps of Engineers, Sacramento
This Supplemental Agreement No. 3 to Lease No. DACW05-1-01-512 is hereby executed by the lessee this _____ day of ____________________, 2024. ________________________________
Signature
________________________________
Name and Title
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Packet Pg. 123 Attachment: 01-512 - Supplemental Agreement No 3 (4085 : Supplemental Lease Amendment No. 3 - Army Corps of Engineers) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 02/13/2024
Subject: Ripon Arts League MOU
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Memorandum of Understanding between the City of Ripon and the Ripon Arts League to administer the Ripon Poet Laureate 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 January 9, 2024, the City Council approved and authorized the Mayor to sign the Grant Agreement between the City of Ripon and Foundation to increase the public’s awareness of the benefits and importance of poetry and literacy arts and directed staff to draft a Memorandum of Understanding with the Ripon Arts League to administer the program.
DISCUSSION/ANALYSIS:
The purpose of this Memorandum of Understanding is to define the responsibilities between the City of Ripon and the Ripon Arts League to administer the Ripon Poet Laureate program. Staff
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has drafted the attached Memorandum of Understanding for City Council’s consideration, which is summarized below:
The term of the Memorandum of Understanding will be 3 years. The Ripon Arts League will receive an annual stipend of $5,000 each year of the Memorandum of Understanding.
The Ripon Arts League will select a resident within the Ripon city limits to serve as the Ripon Poet Laureate and will include a representative from Ripon Unified School District and Ripon Christian Schools on the selection committee. The Ripon Arts League will coordinate and advertise at a minimum of four (4) literacy events each year of the agreement.
Staff is recommending the City Council approve the Memorandum of Understanding between the Ripon Arts League and City of Ripon.
FISCAL IMPACT:
There is no fiscal impact for the approval of the Memorandum of Understanding.
Attachments:
1. Ripon Arts League MOU_20231121
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MEMORANDUM OF UNDERSTANDING BETWEEN
RIPON ARTS LEAGUE AND THE CITY OF RIPON
This MEMORANDUM OF UNDERSTANDING is hereby made and entered into on this __ day of ____________, 2024, by and between the RIPON ARTS LEAGUE, a non-profit organization duly formed and operating under the laws of the State of California (“League”) and the CITY OF RIPON, a municipal corporation (“City”).
1. PURPOSE
The Ripon Poet Laureate program is intended to increase the public’s awareness of the benefits and importance of poetry and literacy arts. The League will select a Poet Laureate and with the guidance of the League, the Poet Laureate will be responsible for promoting poetry and literacy arts in the community.
2. TERM
The term of this Memorandum of Understanding shall be for three (3) years, commencing on January 1, 2024 and ending December 31, 2026.
3. STIPEND
The League will receive an annual stipend of $5,000. Stipend is inclusive of all costs associated with the work of the Poet Laureate (e.g., advertising, supplies, materials, travels, per diem, meals, insurance and travel expenses).
4. RESPONSIBILITIES
A. The League shall advertise, interview and select a resident within the Ripon city limits to serve as the Ripon Poet Laureate. The League will include a representative from Ripon Unified School District and Ripon Christian School on the selection committee.
B. The League shall coordinate and advertise at a minimum of four (4) of the following events each year of the Memorandum of Understanding:
i. Work with the Ripon Unified School District and/or Ripon Christian Schools to hold literacy events to bring poetry and the literary arts to the youth of the community.
ii. Poet Laureate to compose one poem per year dedicated to the City of Ripon and read it at a City Council meeting.
iii. Host teen events such as spoken word events, poetry slams, or book clubs at the Ripon Library.
iv. Host early childhood literacy programs, including story time, at the Ripon Library. v. Provide a free poetry workshop open to the general public at the Ripon Library. vi. Host public readings of original poetry.
C. The League shall submit a report to the City of Ripon outlining the programs that were completed during the term of the Memorandum of Understanding.
RIPON ARTS LEAGUE CITY OF RIPON
By:____________________________ By: ____________________________ Name:__________________________ Name:__________________________
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Packet Pg. 126 Attachment: Ripon Arts League MOU_20231121 (4129 : Ripon Arts League MOU) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 02/13/2024
Subject: Scope and Fee for Patrick Clark
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the agreement with Patrick Clark Consulting to represent the City in the upcoming meet and confer process with the represented labor organizations.
BACKGROUND/DISCUSSION:
The Memorandum of Understandings currently in place with the Police Officers Association, Ripon Sergeants Association, and Public Works are set to expire on June 30, 2024. I have requested Patrick Clark Consulting to prepare an agreement (see attached) to represent the City in the meet and confer process.
FISCAL IMPACT:
The last time the City did negotiations, Caves & Associates represented the City during the meet and confer process; the expense of these services did not exceed $10,000. Expenses associated with these services will be paid from the General Fund.
Attachments:
1. Ripon-PCC K 01222024 - Final
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AGREEMENT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF RIPON
AND
PATRICK CLARK CONSULTING
This Agreement (“Agreement”) is made between the City of Ripon (“CLIENT”) and Patrick Clark Consulting, a sole proprietorship (“CONSULTANT”).
AGREEMENT
1. TERM – This Agreement will become effective on the date by which both parties have signed the Agreement (“Effective Date”) and will continue in full force and effect until terminated in accordance with Section 15, except to the extent renewed or extended in accordance with Section 16. All days set out are calendar days, unless otherwise specified.
2. SERVICES –
a. Services Provided – CONSULTANT shall provide labor relations consulting services in accordance with Attachment A, which is incorporated into this Agreement by this reference, but only to the extent Attachment A services are strictly limited by and interpreted in accordance with Section 2.b. of this Agreement; reasonably accomplishable, either by the date of termination, which date shall be established in accordance with Section 15, or any later date established in accordance with Section 16; and otherwise consistent with this Agreement. These services, as thus defined and limited, shall be collectively known as “CONSULTANT Services.” b. Services NOT PROVIDED: Complementary/Sub-Specialist and Licensed Professional Services – CONSULTANT Services shall be strictly limited and interpreted to exclude any work that might be construed to require any complementary or sub-specialization or professional license. CLIENT understands that CONSULTANT hires no employees or sub-contractors to provide complementary/sub-specialist or licensed professional services, directly or indirectly for the benefit of CLIENT, and possesses no complementary/sub-specialist expertise or professional licensure himself. Therefore, both parties agree that:
i. CONSULTANT shall provide no complementary/sub-specialist or licensed professional services, directly or indirectly to CLIENT, pursuant to this Agreement or otherwise;
ii. Excluded complementary/sub-specialist and licensed professional services include, but are not necessarily limited to, services properly performed instead by an attorney, accountant, actuary, banker, insurance agent/broker/company, investment banker, investment advisor, mortgage banker/broker, security broker/dealer, structured settlement broker, or expert in compensation studies. iii. CLIENT shall not construe or rely upon any CONSULTANT Services, or any analysis, advice, or services in fact provided by CONSULTANT, pursuant to this Agreement or otherwise, as complementary/sub-specialist or licensed professional services;
iv. Although CONSULTANT might periodically recommend CLIENT hire various complementary/sub-specialists or licensed professionals, CLIENT shall
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Packet Pg. 128 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
be required to and shall be solely responsible for determining if and when CLIENT reasonably requires complementary/sub-specialists or licensed professionals, for any purpose, including any contemplated by or reasonably required to accomplish the purposes of Section 2.a. or Attachment A; and v. CLIENT shall be solely responsible for directly selecting, vetting, employing, or contracting with, and supervising any necessary or desired complementary/sub-specialists and licensed professionals, including but not limited to any contemplated by or reasonably required to accomplish the purposes of Section 2.a. or Attachment A. Such complementary/sub-specialists and licensed professionals shall include, but not necessarily be limited to:
a) Legal counsel, for all CLIENT’s legal advice, legal analysis, and legal services, including, but not necessarily limited to final drafting, reviewing, approving, and assuring legal adequacy of all language and content of all Memorandums of Understanding (MOUs), prior to MOU adoption by CLIENT’s City Council.
b) Actuaries, for all CLIENT’s actuarial needs, including, but not necessarily limited to any actuarial analysis needed to sufficiently consider and develop desired proposals, counter-proposals, strategies, and human resources and labor relations documents as are necessary to negotiations, for example as may be required for consideration and analysis of employee and retiree benefits options’ viability, cost, pros and cons, and risks;
c) Accountants, for CLIENT’s accountancy needs, including, but not necessarily limited to tax counseling related to the language and content of all Memorandums of Understanding (MOUs), prior to MOU adoption by CLIENT’s City Council;
d) Appropriate financial, investment and insurance professionals, for all other financial advice and services including, but not necessarily limited to advice and services related to the availability of funds or specified rate of return or interest; the expected performance, fluctuation in or future market value of investments or securities; potential sales, earnings, profitability or economic value; securing financing; and the preparation of pro-forma statements, such as those which are the basis of and/or are used with third parties for the purpose of securing capital through debt, equity creditor or other means;
e) Compensation study experts, for all CLIENT’s necessary or desired compensation studies helpful in forming appropriate bargaining proposals related to compensation; and
f) Any and all other complementary/sub-specialists or licensed professionals, needed or desired, for any and all other analysis, advice, or services, requiring such complementary/sub-specialization or professional licensure, which are reasonably required in order to accomplish any CLIENT purpose, including the purposes of Section 2.a and Attachment A
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Packet Pg. 129 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
3. ABILITY TO PERFORM – CONSULTANT agrees and represents that it has the availability, ability, and expertise to perform CONSULTANT Services.
4. DISCLAIMER OF GUARANTEE – CONSULTANT shall perform CONSULTANT Services in a manner consistent with the level of due diligence normally observed by a person of CONSULTANT’s qualifications, offering CONSULTANT Services, as defined by Section 2, Attachment A, and this Agreement generally. However, nothing in this Agreement and nothing in CONSULTANT’s statements to CLIENT should be construed as a promise or guarantee about outcomes, completion time, or total fees.
CONSULTANT makes no such promises or guarantees. CONSULTANT’s comments about such topics are expressions of opinions only. Actual outcomes, time required and fees due (other than hourly rate and other billing policies specified in Section 7 and Attachment B) may vary from any estimates given.
5. DIRECTION & EXECUTION –
a. Direction: To the extent consistent with Section 6 and the rest of this Agreement, CONSULTANT shall take direction from, and be monitored by CLIENT’s City Administrator and/or a duly authorized designee, except as otherwise specified in this Agreement.
b. Execution: CONSULTANT shall assign Patrick Clark to have overall responsibility for the progress and execution of CONSULTANT’s obligations under this Agreement. Any change in this assignment may be cause for termination of this Agreement by CLIENT, in accordance with Section 15.
6. ENTITY AS CLIENT – CLIENT is the client, and the only client, under this Agreement.
Therefore, CONSULTANT’s duty under this Agreement is to the CLIENT itself, as represented by its duly elected legislative body, when acting in accordance with all applicable laws. Accordingly, and notwithstanding Section 5, or any other provision of this Agreement, CONSULTANT:
a. Adopts no separate duty by this Agreement to any individual or entity working with or for CLIENT;
b. Shall only take direction from any individual or entity working with or for CLIENT to the extent CONSULTANT finds it consistent with CONSULTANT’s duty to CLIENT pursuant to this agreement; and
c. Shall be permitted to consult with CLIENT’s legislative body, as CONSULTANT deems necessary, and in the manner and to the extent permitted by California law, to properly execute CONSULTANT’s obligations to CLIENT under this Agreement.
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Packet Pg. 130 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
7. COMPENSATION –
a. Compensation Rates, Definitions, and Policies – Compensation rates, definitions and policies are as set forth in Attachment B, and incorporated into this Agreement by this reference.
b. Method of Billing and Payment – At or near the end of each calendar month, CONSULTANT shall submit to CLIENT an invoice for CONSULTANT’s Time Worked, and, at CONSULTANT’s discretion, Billable Expenses, incurred during that calendar month, in accordance with the compensation rates, definitions and policies described in Attachment B. CLIENT shall pay each invoice in full within 30 days of its receipt.
8. INSURANCE – CONSULTANT, at CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the Agreement, insurance policies and endorsements of the type described below.
a. Coverage Required –
i. Business General Liability Insurance Policy – $1,000,000.00 per claim and $2,000,000.00 general aggregate;
ii. Auto Liability Insurance Policy – $1,000,000.00;
iii. Errors and Omissions Insurance Policy – $1,000,000.00; and iv. Workers Compensation Insurance Policy, if/when applicable – Currently CONSULTANT has no employees and is not planning to hire any employees. Therefore, currently CONSULTANT maintains no workers compensation insurance. However, if CONSULTANT hires employees in the future, at that time CONSULTANT shall obtain workers compensation insurance and maintain it for so long as CONSULTANT retains such employees.
b. Endorsements – Within a reasonable amount of time after the later of the following two dates, if those dates differ: i) the Effective Date of this Agreement, stated in Section 1; and ii) the date by which all parties have signed this Agreement, CONSULTANT shall ensure that CONSULTANT’s business general liability and auto liability insurance policies, referenced in Sections 8.a.i-ii, name CLIENT and related parties as additional insured(s), as follows: “City of Ripon and its officers, directors & employees.”
c. Evidence of Coverage –
i. As soon as practicable upon securing the endorsements required by Section
8.b., CONSULTANT shall ensure that (a) certificates of insurance indicating evidence of the endorsements required by Section 8.b are delivered to CLIENT; and, (b) within a reasonable period of time after a copy of any particular policy required by Section 8.a is requested by CLIENT in writing, that requested copy is delivered to CLIENT.
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Packet Pg. 131 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
ii. Thereafter, at reasonable intervals, in order to assure that required insurance coverage has not lapsed, with a reasonable period of time after written request by CLIENT (a) CONSULTANT shall ensure CLIENT is provided with requested additional certificates of insurance, indicating evidence of the endorsements required by Section 8.b; and (b) CONSULTANT shall ensure CLIENT is provided with any requested copies of any particular policy required by Section 8.a, if the language in that policy may have changed since CLIENT’s last request.
d. Substitute Insurance – CONSULTANT agrees that if it fails to maintain insurance coverage of the type described under Section 8.a. and 8.b., for the duration of this Agreement, whether due to the required insurance lapsing, expiring, terminating, being suspended, or otherwise failing to be maintained, and then fails to reinstate such insurance within 8 business days of receiving written notice from CLIENT of CLIENT’s plan to exercise its rights under this Section 8.d., CLIENT may either (i) immediately terminate this Agreement, upon delivery of written notice; or (ii) take out the minimum insurance necessary to rectify the lapse and pay the premium(s) thereon, at CONSULTANT’s expense.
e. Self-Insured Retention or Deductible – CONSULTANT shall be responsible for all deductibles and self-insured retentions on CONSULTANT’s insurance policies, except when CLIENT makes a claim as an additional insured, in which case CLIENT shall be responsible.
f. Subcontractors – CONSULTANT subcontractors must also carry insurance policies of the type described in Section 8.a., but only to the extent and for the duration they directly perform CONSULTANT Services, as opposed to services performed for CONSULTANT and/or for the general operation of CONSULTANT’s business, including, but not limited to secretarial services, accountancy services and legal services to assist CONSULTANT in drafting and negotiating this Agreement, for example.
9. INDEPENDENT CONTRACTOR – Both parties agree that CONSULTANT shall perform CONSULTANT Services as an independent contractor, not as an employee of CLIENT. Accordingly, CONSULTANT shall retain the right to perform similar and different services for others during the term of this Agreement; shall determine the means, methods, timing, and manner of performing CONSULTANT Services, subject only to the requirements of the Agreement; and shall be the primary provider of the tools and supplies needed to perform CONSULTANT Services.
10. ASSIGNMENT AND SUBCONTRACTING – A substantial inducement to CLIENT for entering this Agreement is to avail itself of CONSULTANT’s unique combination of experience, reputation, and skill in delivering CONSULTANT Services. Therefore, CONSULTANT agrees to refrain from assigning this Agreement or subcontracting any portion of CONSULTANT Services to a third party, without prior written permission from CLIENT. However, nothing in this Section shall prohibit CONSULTANT, with or
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Packet Pg. 132 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
without prior written permission from CLIENT, from hiring independent contractors or employees to provide support services for the general operation of CONSULTANT’s business, including, but not limited to secretarial services, accountant services, and legal counsel to assist CONSULTANT in drafting and negotiating this Agreement, for example.
11. COMPLIANCE WITH LAWS – CONSULTANT agrees to comply with all federal, state, county and local laws, ordinances, and regulations applicable to CONSULTANT, except as otherwise inconsistent with Section 2.b or any other provisions of this Agreement.
CONSULTANT’S obligation includes, but is not limited to, a) applying for any business license required by CLIENT for businesses working but not maintaining offices in CLIENT’s jurisdiction, and b) filing Forms 700. However, CONSULTANT shall be required to comply with a) and b), only if/when CLIENT notifies CONSULTANT in writing of any such requirements, each applicable year. CLIENT’s notification obligation, related to b), is consistent with FPCC policy, as indicated by its July 26, 2016 Informal Assistance letter, File No. I-16-062, stating, in part “The City must have a method in place to review current and future City contracts and identify those contracts ... For the contracts identified, the City has a responsibility to notify each contractor of the contractor’s obligation to file.”
12. CONFIDENTIALITY – All data, documents, discussions, and other information developed or received by CONSULTANT in performing CONSULTANT Services shall be deemed confidential (“Confidential Information”), except that which is either immaterial, shared in communications with representatives of CLIENT bargaining units, publicly available, generally known, and/or released by CLIENT to the public.
CONSULTANT shall not disclose Confidential Information, except as CONSULTANT reasonably and in good faith determines is either required by law, authorized by CLIENT, helpful in order either to perform CONSULTANT Services or to execute any other provision this Agreement, or is otherwise reasonable, as in the event of a dispute between CONSULTANT and CLIENT.
13. OWNERSHIP AND LICENSING OF INTELLECTUAL PROPERTY –
a. Ownership of Intellectual Property – CONSULTANT owns the copyright to any and all reports, documents and other written material provided by CONSULTANT to CLIENT in the performance of this Agreement (“Written Products”). Therefore, CLIENT shall not attempt to register copyright or resell any version of such Written Products. CONSULTANT may take, retain, disclose, reformulate, reuse, resell and register copyright versions of such Written Products from which any and all of CLIENT’s confidential information has been removed.
b. Licensing of Intellectual Property – This Agreement creates a nonexclusive and perpetual license for CLIENT to copy, use, modify, or reuse any and all Written Products, for direct use by CLIENT.
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Packet Pg. 133 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
14. RECORDS AND INSPECTIONS – CONSULTANT shall maintain materially complete records with respect to CONSULTANT Services for a period of three years after the termination of this Agreement, digitized at CONSULTANT’s option. CLIENT shall have the right, at its own expense, to request, access, examine, and make copies such records, during normal business hours, pursuant to specific, reasonable date, time, and other relevant logistical arrangements made in advance with CONSULTANT.
15. TERMINATION OF AGREEMENT –
a. Elective Termination – Either party, CONSULTANT or CLIENT, may terminate this Agreement, either i) with 15 days advance written notice, with or without cause; or ii) immediately upon delivery of written notice, with cause, as defined by Section 8.d.i. or Section 5.b.
b. Requirements Upon Termination – In the event of termination, in accordance with Section 15.a., CLIENT shall compensate CONSULTANT for CONSULTANT’s Time Worked and any Billable Expenses incurred up to the date of termination, within thirty days of CONSULTANT’s delivery to CLIENT of both a final invoice and all significant work product generated prior to the date of termination but not yet provided to CLIENT, if any.
16. RENEWAL OR EXTENSION OF AGREEMENT – In the event a date of termination is established, in accordance with Section 15.a, this Agreement may be renewed or amended to extend beyond that date of termination only by written agreement of the parties, entered into either before or within 30 days after that date of termination. However, nothing in this Section, or in this Agreement generally, requires either party to renew or extend this Agreement or to enter into negotiations regarding the renewal or extension of this Agreement.
17. NO THIRD-PARTY BENEFICIARY – This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors, heirs and assigns, and no other person or entity may have or acquire any right by virtue of this Agreement.
18. NOTICE – Any notice required by Section 8, 15, or Attachment B of this Agreement shall be in writing and either delivered personally or sent by prepaid, first-class mail, to the applicable party’s physical address, provided below. Any other notice required by this Agreement may be emailed, to the applicable party’s email address, provided below.
Either party may change its addresses or phone number by notifying the other party in writing of the change. Any notice, request, or other communication between the parties, whether required by this Section or in voluntary compliance with it, shall be deemed communicated upon personal delivery, or within 72 hours from the time of mailing or emailing, if sent as provided in this Section.
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Packet Pg. 134 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
If to CLIENT:
Kevin Werner
City Administrator
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Email: [email protected]
If to CONSULTANT:
Patrick Clark Consulting
Attn.: Patrick Clark
428 J Street, 4
th Floor
Sacramento, CA 95814
Tel: (916) 838-2806
Email: [email protected]
19. ENTIRE AGREEMENT – This Agreement and all other agreements, exhibits, attachments, and schedules referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between the parties, pertaining to CLIENT hiring CONSULTANT to perform CONSULTANT Services, and supersedes all other prior or contemporaneous oral or written understandings and agreements of the parties pertaining thereto. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty, except those expressly set forth in this Agreement.
20. SEPARATE WRITINGS AND EXHIBITS – The following agreements, exhibits, attachments, schedules, or other separate writings, as executed contemporaneous herewith or as amended in the future in accordance with Section 21, constitute a part of this Agreement and are incorporated into this Agreement by this reference:
a. ATTACHMENT A – Scope of Work
b. ATTACHMENT B – Compensation Rates, Definitions and Policies c. Any additional exhibits, attachments, schedules, or other separate writings, added to this Agreement in the future, by amendment, in accordance with Section 20.
If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, attachment, schedule, or other incorporated writing, the provisions of this Agreement shall control.
21. AMENDMENTS – This Agreement and its attachments may be supplemented, amended, or modified only by a writing signed by both parties, except as allowed by Attachment B.
22. SEVERABILITY – If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions of this Agreement shall not be affected.
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Packet Pg. 135 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
However, notwithstanding the foregoing, this clause shall not be applied so as to defeat the primary purpose of the parties, which is CLIENT hiring CONSULTANT to perform CONSULTANT Services in exchange for compensation described in Section 7 and Attachment B.
23. JURISDICTION OF LAW; VENUE – The laws of the State of California shall govern the validity, construction, and effect of this Agreement, except to the extent said laws are superseded by, or in conflict with applicable federal laws and/or federal regulations. Any action to interpret or enforce this Agreement shall be brought and maintained exclusively in the San Joaquin County Superior Court, if Consultant is plaintiff, and in Sacramento County Superior Court, if Client is plaintiff.
24. CAPTIONS – The captions in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. WAIVER – No delay or omission to exercise any right, power, or remedy accruing to parties under this Agreement shall impair any right, power, or remedy of parties, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement (1) shall be effective unless it is in writing and signed by the party making the waiver; (2) shall be deemed to be a waiver of, or consent, to any other breach, failure of a condition, or right or remedy; or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.
26. AUTHORITY TO ENTER AGREEMENT – Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement on behalf of each respective party.
ATTACHMENT A – Scope of Work
ATTACHMENT B – Current Fee Schedule
CLIENT (City of Ripon) CONSULTANT (Patrick Clark Consulting) By:
_________________________________
Kevin Werner
City Administrator
By:
_______________________________
Patrick Clark
Consultant
_______________________________ 01/22/2024______________________ Date Date
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Packet Pg. 136 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
ATTACHMENT A
SCOPE OF WORK
1. As limited by Section 2.a. of this Agreement; as otherwise consistent with this Agreement; and to the extent under the direction and supervision of CLIENT’s City Administrator, and/or a duly authorized designee and in consultation with and with review and approval by CLIENT’s duly provided, appropriate, relevant, necessary, and desired complementary/sub-specialists and licensed professionals, including, but not necessarily limited, to those described in Section 2.b. of this Agreement, “CONSULTANT Services” to include:
1. Serve as the CLIENT’s Chief Labor Negotiator;
2. Allow CLIENT’s City Council the opportunity to create the guidelines and parameters for ensuing discussions with CLIENT’s recognized employee group(s);
3. Meet with CLIENT’s Negotiation Committee and City Council to ensure proper relations with CLIENT’s City Council and to assist in the formulation of CLIENT’s position(s) for forthcoming meetings with CLIENT’s recognized employee group(s);
4. Collaboratively develop guidelines, proposals, counter-proposals, strategies, and human resources and labor relations documents as are necessary to negotiations, specifically in cooperation with CLIENT’s duly provided complementary/sub-specialists and licensed professionals, needed, or desired for input, review, or approval, as described in Section 2.b. of this Agreement, including, but not necessarily limited to, CLIENT’s Negotiation Committee members and, without limitation, CLIENT’s City Council, as well as CLIENT’s legal counsel and actuary(ies), if/as necessary or desired.
5. Assist in developing tentative agreements and MOU provisions, as are reasonable and/or necessary to negotiations, specifically at the direction of CLIENT’s Negotiation Committee and CLIENT’s City Council, and with the cooperation, review and/or approval of any other appropriate, duly provided CLIENT complementary/sub-specialists and licensed professionals, as described in Section 2.b. of this Agreement, including, but not necessarily limited to CLIENT’S legal counsel, where CLIENT shall ensure that all tentative agreements and MOU provisions are subject to final review and approval by CLIENT’s legal counsel and any other necessary or desired Section 2.b. complementary/sub-specialists and licensed professionals, prior to MOU adoption by CLIENT’s City Council.
6. Serve as the CLIENT’s Chief Labor Negotiator in any impasse proceedings or unit determination disputes.
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Packet Pg. 137 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark)
ATTACHMENT B
COMPENSATION RATES, DEFINITIONS, AND POLICIES
1. CONSULTANT Invoices: CONSULTANT invoices shall include brief descriptions of Time Worked, including dates and amount of time spent, and amounts for Time Worked at CONSULTANT’s Rate, and, at CONSULTANT’s discretion, amounts for Billable Expenses, if any, in accordance with the following definitions and related rates and policies.
2. Definitions:
a. “Time Worked”: Time Worked shall include both CONSULTANT’s time spent performing Consultant Services and CONSULTANT’s related drive time, including time spent driving between CLIENT’s location(s) and CONSULTANT’s office, home, or any other location.
b. “CONSULTANT’s Rate”: CONSULTANT’s Rate is $250.00 per hour, billable in increments of 15 minutes.
c. “Billable Expenses:” CONSULTANT’S actual, reasonable, documented expenses shall be considered “Billable Expenses,” and shall be reimbursed by CLIENT at cost, without mark-up, if and when billed by CONSULTANT.
3. Amendments to Attachment B: With 30 days advance written notice, CONSULTANT shall be entitled to unilaterally increase Consultant’s Rate, set herein, or otherwise amend this Attachment.
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Packet Pg. 138 Attachment: Ripon-PCC K 01222024 - Final (4154 : Scope and Fee for Patrick Clark) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 02/13/2024
Subject: LDA Partners
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign Amendment No. 2 to the Professional Services Agreement with LDA Partners to provide additional design work to comply with South San Joaquin Irrigation District (SSJID) requirements for the new Corporation Yard to be located on Doak Boulevard in the not to exceed amount of $3,075 (funding sources: shared between Corporation Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund).
BACKGROUND:
At the December 10, 2019 City Council meeting, Council approved the Professional Services Agreement with LDA Partners in the not to exceed amount of $415,000 to provide Engineering and Architectural Design Services for the Corporation Yard Project.
At the November 8, 2022 City Council Meeting, Council approved Amendment No. 1 to the Professional Services Agreement in the not to exceed amount of $144,875 to provide Bidding Assistance and Construction Administration for the Corporation Yard Project.
DISCUSSION/ANALYSIS:
SSJID required design changes to comply with requirements for work in their easement. In order to make these changes, LDA and their sub-consultants were required to perform additional design work. The purpose of this amendment is to expand LDA’s contract to include the additional design work required by SSJID.
FINANCIAL IMPACT:
The second Amendment to the Professional Services Agreement has a not to exceed amount of $3,075 and will be funded through the Corporation Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund.
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Attachments:
1. Amendment 2 _LDA PARTNERS
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Professional Services Agreement Amendment 2 - Page 1 of 1 Fleet Maintenance Facility
LDA Partners
AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF RIPON AND
LDA PARTNERS
This Amendment to the Professional Services Agreement dated December 10, 2019 (“Amendment”) is made and entered into on, February 13, 2024 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and LDA Partners (“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 Section 2 of this Agreement.
1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than two (2) years from the date this Agreement was signed by City, whichever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,
1.2 Standard of Performance. Consultant shall diligently perform all services required in connection with this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.
Section 2. COMPENSATION.
City hereby agrees to pay Consultant an amount NOT TO EXCEED Three Thousand Seventy Five Dollars ($3,075.00) for additional design work to comply with South San Joaquin Irrigation District requirements.
REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amended herein, the remaining terms and conditions of the General Services Agreement dated December 10, 2019, shall remain in full force and effect.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF RIPON CONSULTANT
Leo Zuber, Mayor Eric Wohle, President
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Packet Pg. 141 Attachment: Amendment 2 _LDA PARTNERS (4156 : LDA Partners) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 02/13/2024
Subject: Registrar of Voters - permanent drop box installation RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the License Agreement with the San Joaquin County Registrar of Voters for the installation of a permanent ballot drop box outside of City Hall.
BACKGROUND:
Over the past six years, the City of Ripon has had a ballot drop box during elections inside of City Hall. There were certain security regulations that we had to comply with in order to have this ballot box. The Registrar of Voters’ (ROV) office picked up the ballots regularly during the voting period and participation by voters was high.
DISCUSSION/ANALYSIS:
The San Joaquin County Board of Supervisors voted to approve the purchase of large, permanent ballot boxes. These new drop boxes weigh 1,000 lbs. and are constructed from steel. Once installed, they will be securely bolted at their designated locations. These drop boxes will feature fortified locking mechanisms, augmented with tamper seals. During non-election years, these boxes will be sealed for added security. These state-of-the-art ballot safeguarded drop boxes are being installed in locations throughout the San Joaquin County with 24-hour surveillance so that registered voters are able to conveniently and securely cast their vote no matter where they live in the County. There will also be a strict process for ballots to be retrieved and delivered to the ROV’s office to be counted. Ballot drop boxes will be open 24 hours a day for 30 days prior to an election.
The ROV has made the decision to have uniformity and serve all voters the same across the County, so the City of Ripon is no longer able to have the mobile drop box inside of City Hall.
For the current election, a ballot box has been temporarily installed between the City of Ripon Police Department and City Hall and will remain there until election day on March 5, 2024. If
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the City Council approves the License Agreement and installation of the permanent box, then this temporary box will be bolted down in its location and become permanent to be used by the Registrar of Voters in future elections.
FISCAL IMPACT:
All costs to install and maintain the ballot box will be paid for by the Registrar of Voters.
Attachments:
1. 2023-022 Final License Agreement - City of Ripon
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1 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
License Number 2023-022
Registrar of Voters
City of Ripon
LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“License”) is made and entered into February 13, 2024 (“Effective Date”), by and between City of Ripon (hereinafter referred to as “Licensor”) and the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, through its REGISTRAR OF VOTERS (hereinafter referred to as “County”), without regard to number and gender. County and Licensor may sometimes hereinafter be referred to individually as “Party” or jointly as “Parties.”
1. DEFINITIONS
The following words in this License shall have the significance attached to them in this Clause 1 (DEFINITIONS), unless otherwise apparent from context:
a. “Registrar of Voters (ROV)” means the San Joaquin County Registrar of Voters, or designee, or upon written notice from County, such other person or entity as shall be designated by the Board of Supervisors.
b. “Official Ballot Drop Box” means a Vote by mail ballot drop box authorized by the ROV.
2. LICENSE AREA
Licensor grants to County, and its agents and contractors, the right to access and use a portion of that/those certain property(ies), described on Exhibit A and shown on Exhibit B (hereinafter referred to as the “License Area(s)”), which exhibits are attached hereto and by reference made a part hereof, together with nonexclusive, in common use of driveways for vehicle ingress and egress, pedestrian walkways, other facilities, and common areas appurtenant to the License Area. Licensor represents and warrants that the License Area is free and clear of easements, including utility easements that would impede the County’s use of the License Area, as set forth below. The Parties agree that the License Area may be modified by County pursuant to the terms herein. If, for example, the License Area includes multiple properties, the County may reduce the number of properties within the License Areas, pursuant to Clauses 6 and 20, below.
3. COUNTY AND PUBLIC USE
a. County's use of the License Area shall be limited to installing, operating, and maintaining an Official Ballot Drop Box on the License Area. County shall not use the License Area or any portion thereof for any illegal or unlawful purpose and will not cause or permit a nuisance to be created or maintained therein.
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Packet Pg. 144 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 2 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
b. The Parties further acknowledge and agree that the County’s use of the License Area is for the operation of an Official Ballot Drop Box consistent with the applicable law as set forth within the California Elections Code and the California Code of Regulations. Licensor grants to voters, and other County invitees, the right of access to the License Area, described in Clause 2 (LICENSE AREA), above, for purposes consistent with the conduct of, and participation in, an election.
Licensor acknowledges that the Official Ballot Drop Box shall be open 24 hours a day for the 30 days prior to an election (“Election Period”). County shall endeavor to notify Licensor with an election schedule no later than 30 days before the commencement of the Election Period pursuant to Clause 28 (NOTICES).
c. Consistent with the uses outlined in this Clause 3, Licensor shall notify the County within 24 hours of any change to the License Area or surrounding property that would make the Official Ballot Drop Box inaccessible during the Election Period and frustrate the intent of this License. Licensor shall not make any discretionary and/or elective changes to the License Area or the appurtenant common areas referenced in Clause 2 (License Area) during an Election Period. Any changes to the License Area or appurtenant common areas by Licensor during an Election Period shall be reserved to emergencies or other necessitated, mandatory or required changes.
4. PARKING
Licensor, throughout the Term, as set forth below, shall provide County, and its invitees, with the nonexclusive use of parking spaces. The location and any rules or instructions for use of these parking spaces shall be determined by the Licensor and provided to the County no later than the commencement of the first Election Period after the Effective Date.
In addition to said parking spaces, Licensor shall also provide parking for disabled persons (“ADA Spaces”) in accordance with the Americans with Disabilities Act, the California Uniform Building Code and the applicable codes and/or ordinances relating to parking for disabled persons as established by the local jurisdiction in which the License Area is located where the provisions of such local codes and/or ordinances exceed or supersede the State requirements.
5. TERM
This License shall commence on the Effective Date written above and shall continue in effect for five (5) years (“Term”) or as otherwise terminated in accordance with Clause 6 (TERMINATION) of this License.
6. TERMINATION
This License may be revocable by either Party; however, Licensor shall not revoke the License during an Election Period. Should a Party elect to revoke this License, the Party must first provide the other Party with advanced written notice pursuant to Clause 28 (NOTICES) in accordance with the following conditions:
a. Election year: whenever the ROV is tasked with administering or conducting an established election as set forth within California Elections Code section 1000, the revoking Party must
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Packet Pg. 145 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 3 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
provide the other party with at least two hundred (200) calendar days advance written notice prior to the termination date.
b. Non-election years: during the years in which the ROV is not administering or conducting an established election, the revoking Party must provide at least ninety (90) calendar days advance written notice to the other Party prior to the termination date.
In the event the County modifies the License Area pursuant to Section 20 (AMENDMENTS) – for example, by removing property or properties from the License Area – said modification shall not terminate the License for the remaining property or properties that comprise the License Area.
7. LICENSE FEE
In consideration for the valuable public services provided to the citizens of the County of San Joaquin performed by County consistent with Clause 3 (USE) above and pursuant to this License, the license fee shall be waived for County’s use of the Licensed Area.
8. UTILITIES, MAINTENANCE AND JANITORIAL
Licensor shall be responsible for all janitorial, maintenance and repairs outside of the License Area, (including but not limited to: fire alarm, fire extinguisher, HVAC system, elevator maintenance, landscaping, pest control, and trash) unless such maintenance and repairs arise out of County’s negligence or intentional acts not in accordance with the uses permitted herein, per Clause 3 (USE) above, and not including normal wear and tear.
9. ALTERATIONS
County may make improvements and changes, at the County’s expense, in and to the License Area, including, but not limited to changes described in Exhibit C, attached hereto, and those deemed necessary or appropriate by the County in its discretion, subject to advance written permission from Licensor. It is agreed that any such improvements attached to or placed upon the License Area by County shall be considered as personal property of County, who shall have the right, but not the obligation, to remove same. County agrees that the License Area shall be left in as good condition as when received, reasonable wear and tear excepted.
10. OWNERSHIP OF IMPROVEMENTS
a. All improvements constructed or placed within the License Area by County (“County Improvements”) must, upon completion, be free and clear of all liens, claims, or liability for labor or material. The County Improvements shall remain property of County and shall be removed by County at the termination of this License, without damage to the License Area. b. The County Improvements to be installed on the License Area shall include the Official Ballot Drop
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Packet Pg. 146 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 4 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
Box as specified in the included Exhibit C. The County shall be responsible for all costs incurred in the installation of the County Improvements. The County shall coordinate the installation of the County Improvements with the Licensor.
11. OPERATIONAL REQUIREMENTS OF COUNTY
County shall, to the satisfaction of Licensor, keep and maintain the License Area and all improvements of any kind in good condition and in substantial repair, normal wear and tear excepted. It shall be County's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair.
Licensor shall endeavor to notify the County when Licensor observes that maintenance is necessary.
County expressly agrees to maintain the License Area in a safe, clean, wholesome, and sanitary condition, to the complete satisfaction of Licensor and in compliance with all applicable laws.
In the event the Licensor determines, in its reasonable discretion, that an employee, contractor, or invitee of County is failing to adhere to proper standards of public conduct, is in violation of any Licensor policy and/or is in any way disrupting the activities of the Licensor’s employees, students, and/or invitees, the Licensor reserves the right to remove said individual, and/or require County to remove said individual from the License Area. If warranted, County shall endeavor to prohibit said individual’s future access to the License Area, subject to applicable law.
12. VIDEO SECURITY SURVEILLANCE SYSTEM
If feasible, the County shall have access to any video security surveillance footage recorded and stored by Licensor.
13. INDEMNIFICATION
a. Licensor hereby agrees to indemnify, hold harmless, and defend County, its officers, agents, and employees, with counsel approved by County, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the ownership, maintenance, or use of the License Area by Licensor, except for liability arising out of the sole negligence of County, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event County is named as co-defendant, Licensor shall notify County of such fact and shall represent County, with counsel approved by County, in such legal action unless County undertakes to represent itself as co-defendant in such legal action, in which event Licensor shall pay to County its litigation costs, expenses and attorneys’ fees.
b. County hereby agrees to indemnify, hold harmless, and defend Licensor, its officers, agents, and employees, against any and all claims, loss, demands, damages, cost, expenses or liability arising out of the use of the License Area by County, except for liability arising out of the negligence of Licensor, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event Licensor is named as co-defendant, County shall notify Licensor of such fact and shall represent Licensor, with counsel approved by Licensor, in such legal action unless Licensor undertakes to represent itself as co-defendant in such legal action,
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Packet Pg. 147 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 5 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
in which event County shall pay to Licensor its litigation costs, expenses and attorneys’ fees. c. In the event judgment is entered against County and Licensor because of the concurrent active negligence of County and Licensor, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request a jury apportionment.
d. The provisions of this Section shall survive the termination or expiration of this License.
14. ASSIGNMENT AND SUBAGREEMENTS
Any assignment of this License or sublicenses under this License require the prior written approval of Licensor, which approval will not be unreasonably withheld, conditioned or delayed.
15. EMPLOYMENT
No County employee shall be considered as an employee of the Licensor under the jurisdiction of Licensor, nor shall such County employees have any Licensor pension, civil service, or other status while an employee of County.
County shall have no authority to contract on behalf of Licensor. It is expressly understood and agreed by both Parties hereto that County, while engaged in carrying out and complying with any terms of this License, is not acting as an agent, officer, or employee of Licensor.
In the performance of permitted uses as consistent with Clause 3 (USE) above, as well as the various duties and obligations imposed by this License, the Parties are at all times acting independently. Neither Licensor, nor any of its officers, agents and employees shall be deemed an employee of County, nor have any claim(s) under this License or otherwise against COUNTY for vacation, sick leave, retirement benefits, social security or workers’ compensation benefits.
16. SIGNS
Licensor agrees to allow County to install and maintain any sign or display upon or in front of the License Area and/or property. Such signage shall comply with all applicable laws and zoning and site plan requirements and be consistent with Licensor signage on the property upon which the License Area is located.
17. ELECTIONEERING
No electioneering is permitted within 100 feet of the Official Ballot Drop Box during the Election Period.
Licensor agrees that County and its staff may take steps they deem reasonably necessary to stop or prevent such electioneering. Licensor, its officers, agents, and employees will refrain from erecting or permitting any sign, display, or other demonstration that may have the effect of influencing or intimidating voters during the Election Period. County may take the steps they deem reasonably necessary to obscure or remove any such sign, display, or other demonstration. For purposes of this section, “electioneering” means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot
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Packet Pg. 148 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 6 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
within 100 feet of the Official Ballot Drop Box. Such electioneering information includes but is not limited to,
1. Display of a candidate's name, likeness, or logo;
2. A display of a ballot measure's number, title, subject, or logo;
3. Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information;
4. Dissemination of audible electioneering information; and/or
5. Loitering near or disseminating visible or audible electioneering information.
18. AUTHORITY
The persons executing the License below on behalf of County or Licensor warrant that they have the power and authority to bind County or Licensor to this License.
19. LICENSE ORGANIZATION
The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise.
20. AMENDMENTS
This License is the sole and only agreement between the Parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both Parties; however, County may modify the License Area, in its discretion, upon written notification from the ROV informing Licensor of the modification and the date the modification will become effective. Based on such written notice the Parties agree to thereafter amend this License to reflect the revised License Area if so desired by either Party.
21. PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.
22. WAIVER OF RIGHTS
The failure of Licensor or County to insist upon strict performance of any of the terms, conditions, and covenants in this License shall not be deemed a waiver of any right or remedy that Licensor or County may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained.
23. GOVERNING LAW AND VENUE
1.4.J.a
Packet Pg. 149 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 7 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
This License has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this License, the sole and exclusive venue shall be a court of competent jurisdiction located in San Joaquin County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394.
The Parties expressly understand and agree that this License constitutes a license for use of the License Area.
This License is not intended by the Parties, nor shall it be legally construed, to convey a leasehold, easement, or other interest in real property. County acknowledges that a license is a valid form of agreement and shall not contest the validity of the form of this License in any action or proceeding brought by County against the Licensor, or by the Licensor against County. Should either Party be compelled to institute arbitration, legal, or other proceedings against the other for or on account of the other Party’s failure or refusal to perform or fulfill any of the covenants or conditions of this License on its part to be performed or fulfilled, the Parties agree that the rules and principles applicable to licenses shall govern such actions or proceedings.
24. ATTORNEYS’ FEES
In the event of a dispute between Licensor and County concerning claims arising out of this License, or in any action or proceeding brought to enforce or interpret any provision of this License or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs.
25. TIME OF ESSENCE
Time is of the essence of this License. Failure to comply with any time requirements of this License shall constitute a material breach of this License.
26. CONDITION OF LICENSE AREA UPON TERMINATION
Except as otherwise agreed to herein, upon termination of this License, County shall redeliver possession of said License Area to Licensor in substantially the same condition that existed immediately prior to County's entry thereon, reasonable wear and tear, flood, earthquakes, war, and any act of war excepted.
27. RELATIONSHIP OF PARTIES
The relationship of the Parties hereto is that of Licensor and County, and it is expressly understood and agreed that Licensor does not in any way or for any purpose become a partner of or a joint venture with County in the conduct of County’s business or otherwise.
1.4.J.a
Packet Pg. 150 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 8 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
28. NOTICES
All written notices pursuant to this License shall be addressed as set forth below or as either Party may hereafter designate by written notice and shall be deemed delivered upon personal delivery, delivery by facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United States Mail.
To: COUNTY
County of San Joaquin
Registrar of Voters
Administration
44 N San Joaquin Street
Suite 350
Stockton, CA. 95202
Attention: Lakshmi Umesh
[email protected]
209-468-9905
To: LICENSOR
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attention: Lisa Roos
29. ATTACHMENTS TO LICENSE
This License includes the following, which are attached hereto and made a part hereof:
I. EXHIBITS
Exhibit A – License Area Description
Exhibit B – Location Map
Exhibit C – Official Ballot Drop Box Specifications
1.4.J.a
Packet Pg. 151 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 9 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
IN WITNESS WHEREOF, the Parties have executed this License the day and year first above written.
COUNTY OF SAN JOAQUIN, a political
subdivision of the State of California
By:
_____________________________________
OLIVIA HALE, Registrar of Voters
San Joaquin County, State of California
APPROVED AS TO FORM:
OFFICE OF COUNTY COUNSEL
SAN JOAQUIN COUNTY, CALIFORNIA
CITY OF RIPON
By:
Leo Zuber, Mayor
By
Deputy County Counsel
1.4.J.a
Packet Pg. 152 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 10 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
EXHIBIT A
LICENSE AREA DESCRIPTION
The location of the drop box is accessible. It is placed in between City Hall building and Police Station. The front of the drop box will be facing South and the drop box will be used for Walk-up drop off of Vote-by-Mail ballots only.
NOT TO BE RECORDED
1.4.J.a
Packet Pg. 153 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 11 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
EXHIBIT B
LOCATION MAP
Latitude: 37°44'29.70"N
Longitude: 121° 8'8.90"W
1.4.J.a
Packet Pg. 154 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) 12 San Joaquin County
City of Ripon
Rent Free Acquisition License
Registrar of Voters
License Number 2023-022
EXHIBIT C
OFFICIAL BALLOT DROP BOX
SPECIFICATIONS
The Official Ballot Drop Box shall have the following specifications:
1. Metal construction
2. Weight: 1,000 pounds
3. Height: 53.5 inches
4. Width: 65.4 inches
5. Depth: 53.3 inches
As further detailed in the image below:
Installation includes:
All boxes will need to be installed with anchor bolts designed for concrete or bolts cast into the concrete prior to box installation. Minimum installation requires four (4) bolts at ¾” (at minimum). There are eight (8) fabricated 7/8” diameter holes with 3/16” recess in the box specifically for these bolts. Some installations may require leveling and pouring of a small concrete pad, if no concrete pad currently exists or is not level at the install location.
1.4.J.a
Packet Pg. 155 Attachment: 2023-022 Final License Agreement - City of Ripon (4145 : Registrar of Voters - permanent drop box installation) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 02/13/2024
Subject: Proclamation - Ripon High School
RECOMMENDED ACTION:
Present a proclamation to Ripon High School in recognition of its outstanding athletic accomplishments.
Attachments:
1. Ripon High Proclamation-23
Packet Pg. 156
a
Packet Pg. 157
Attachment: Ripon High Proclamation-23 (4143 : Proclamation - Ripon High School)