Ripon City Council
August 13, 2024

Ripon City Council Minutes
TUESDAY, AUGUST 13, 2024 – 6:00 PM

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

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

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

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

IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 3 cases.

Return to open session.

Deputy City Attorney Terpstra said Council met in closed session to discuss pending litigation, staff was given direction and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

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
OTHERS PRESENT:

City Administrator Kevin Werner, Deputy City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias, Kelly Donohue, Jan Nowak, Al and Helen Caetano, Jan and Charlotte DeSelle, Vince Hobbs, Lauren Morte, Don Douma, Kelly Bollinger, Greg Caligaro, Peggy, O’Donnell, Michael Musca.

City Council Page 2 August 13, 2024
PUBLIC DISCUSSION:

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

Marty Harris said he had a few concerns regarding the City of Ripon 6th Cycle Housing Element Draft Update. He said he feels the suggested environmental constraints understate the potential for downstream impacts and backwater effects to Ripon properties as well as the advancing sedimentation along the river channel causing reduced flow capacity. He said he believes this will put an increased strain on the levees and increase the potential for flooding to South Manteca and beyond.

Harris said he would like the Council to consider drainage impacts to the Stanislaus River as well as associated high channel flow volume impacts to the San Joaquin River and other down gradient properties.

Harris said he would like Council to consider identifying open space properties to collect and store storm water or excess South San Joaquin Irrigation District unutilized irrigation delivery and tail water.

Harris said he believes the Lathrop City River Islands total water management plan appears to be an appropriate local development plan model to follow.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council meeting of July 9, 2024 and the Special City Council Meeting of July 19, 2024.

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

1. CITY COUNCIL - REGULAR MEETING - JUL 9, 2024 6:00 PM

2. CITY COUNCIL - SPECIAL MEETING - JUL 19, 2024 11:00 AM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

City Administrator Werner requested Item 1.3A be pulled from the Consent Calendar for discussion.

Council Member Barton requested Item 1.4C be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 3 August 13, 2024

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

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

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(July 2023 $379,453.36)
FY 2024-25 YTD: $345,645
FY 2023-24 YTD: $379,453
Highway Users Tax
(June 2023 $35,572.10)
FY 2023-24 YTD: $440,944
FY 2022-23 YTD: $408,208
SB1 Street & Road Tax
(July 2023 $32,004.33)
FY 2024-25 YTD: $33,258
FY 2023-24 YTD: $32,004
$345,645.29
$38,210.74
$33,257.82
TOTAL $417,113.85
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
July 2024 $1,305.31
C. GILTON SOLID WASTE MANAGEMENT, INC.

Quarterly Franchise Fee Payment – June 2024 $15,040.42
D. WASTE MANAGEMENT
Monthly Franchise Fee Payment
June 2024

$4,298.89

1.2. Bills, Invoices, Payments
A. SAN JOAQUIN PARTNERSHIP
Annual Membership Fee - Invoice #11139 $5,000.00
B. DE NOVO PLANNING GROUP
City of Ripon 6th Cycle Housing Element
Progress Payment – Invoice #4335 $35,930.00
City Council Page 4 August 13, 2024
C. STANTEC
Wastewater Discharge Permit Groundwater Monitoring
2024 2nd Quarter Report
Invoice #2255526 $2,104.00
D. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
June 2024 Invoice #AR115052 $2,121.75
E. BASECAMP ENVIRONMENTAL, INC.

South County Water Project
Progress Payment – Invoice #52520 $5,243.15
Electrical Vehicle (EV) Charging Station
Progress Payment – Invoice #52526 $5,008.75
TOTAL $10,251.90
F. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #33793 $3,330.00
G. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
2nd Quarter 2024 - Invoice #2024Q2 $10,411.78
H. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
$5,660.00
$940.00
$4,547.50

TOTAL $11,147.50
I. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #63684 $3,272.50
J. RIPON CONSOLIDATED FIRE DISTRICT
Proposition 218 Ballot Measure Mailing Costs
Invoice #423 $3,984.08
K. PATRICK CLARK CONSULTING
Professional Services – Labor Relations
Invoice #240706
Invoice #240806
$2,500.00
$875.00
TOTAL: $3,375.00
L. JOHN ANDOH
Transit Consulting Services
Progress Payment – Invoice #24-01 $2,250.00
City Council Page 5 August 13, 2024
M. AMERICAN PAVEMENT SYSTEMS, INC.

South of Main Street Resurfacing Project
Progress Payment – Invoice #1 $224,736.27
N. ASPEN SURVEY COMPANY, INC.

General Land Surveying Services
Progress Payment – Invoice #22-041-1
Progress Payment – Invoice #24-035-1
$10,127.50
$791.25
TOTAL $10,918.75
O. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment - Invoice #02437 $2,095.00
P. LDA
Fleet Maintenance Facility Construction Management Services Progress Payment – Invoice #34/622-03-20 $382.50
Q. CALIFORNIA CAD SOLUTIONS, INC.

Annual Geographical Information System Payment
Invoice #701742 $5,940.00
R. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #30331 $425.00

1.3. Resolutions
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. RESOLUTION NO. 24-31

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE TRANSFER

OF CERTAIN MUNICIPAL FUNDS
This resolution authorizes transfers of (1)
Enterprise Operating Funds to Enterprise
Capital Reserve Funds, (2) General Fund
to Landscape Maintenance Districts with
deficits, (3) General Fund to CNG Station
Capital Reserve Fund, and (4) General
Fund to PERS Contingency Fund for the
2023-2024 fiscal year.

C. RESOLUTION NO. 24-32

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING THE TRANSFER

OF CERTAIN MUNICIPAL FUNDS

FOR STREET MAINTENANCE AND

REPAIRS
This resolution authorizes the transfer of
certain street and road revenue sources to
offset the fiscal year 2023-2024 expenses
of street and road maintenance and
repairs and transfer street and road
revenue to the Street and Road
Reconstruction Reserve fund.

City Council Page 6 August 13, 2024

1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT
CTE Cal, Inc. Approve and authorize the Mayor to
sign the Professional Services
Agreement with CTE Cal, Inc. to
provide construction material testing
and special inspection services for
capital projects in the not to exceed
amount of $30,000 (funding source:
varies by construction project funding
source).

B. PROFESSIONAL SERVICES AGREEMENT
Aspen Survey Company, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with Aspen Survey
Company, Inc. to provide general land
surveying services in the not to exceed
amount of $20,000 (funding source:
varies by project).

C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. RECYCLING CENTER OPERATING AGREEMENT
Greater Valley Conservation Corps. Approve and authorize the Mayor to sign the Recycling Center Operating
Agreement between the City of Ripon
and the Greater Valley Conservation
Corps.

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

F. CLAIM
Jennifer Hamilton Deny the claim filed by Jennifer
Hamilton.

G. ANNUAL INVESTMENT REPORT REVIEW
July 1, 2023 - June 30, 2024 Accept the City’s annual investment report for the period ending June 30,
2024.

City Council Page 7 August 13, 2024
H. FLEET MAINTENANCE FACILITY ELECTRONIC EQUIPMENT PURCHASE CDW-G Approve the purchase of electronic
equipment needed for the Fleet
Maintenance Facility in the not to
exceed amount of $9,228.03 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).

I. SENIOR CENTER REHABILITATION PROJECT
Diede Construction, Inc. Reject the bid from Diede Construction Inc. and authorize staff to re-bid the
project.

J. ACKNOWLEDGMENT OF DEVELOPMENT AGREEMENT - LENNAR
HOMES OF CALIFORNIA, LLC AND JEN HOLDCO 24 LLC
Meadowood Development Project Approve and authorize the Mayor to sign the Acknowledgement of
Development Agreement for Lennar
Homes of California, LLC and JEN
HOLDCO 24 LLC for the Meadowood
development project located between
Fulton Avenue and Goodwin Drive.

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

L. SUBDIVISION IMPROVEMENT AGREEMENT
Lennar Homes of California LLC Approve and authorize the Mayor to sign the Subdivison Improvement
Agreement between Lennar Homes of
California LLC and the City of Ripon.

M. RIFLE RATED SHIELD DONATION
McManis Family Vineyards Accept the donation from the McManis Family Vineyards to be used for the
purchase of a Paraclete Vanguard Level
III Rifle Rated Shield (donation:
$2,319.53).

City Council Page 8 August 13, 2024

ITEMS PULLED FROM CONSENT
RESOLUTION NO. 24-33

1.3A : A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING A GRANT DEED OF

CERTAIN REAL PROPERTY TO THE

CITY OF RIPON
This resolution accepts a Grant Deed by
Saundra Reeves and Jeramiah Reeves for
certain real property to the City of Ripon in
connection with the Picture Perfect
Grooming Project (124 N. Locust Ave) and
authorizes the Mayor to sign and execute
any and all documents necessary to
complete the aforementioned transaction.

City Administrator Werner said the incorrect address was listed in the resolution and staff report, but all other information is correct. He said the address should be 124 N. Locust Ave.

Motion to adopt Resolution 24-33 with the changes noted to the address accepting a Grant Deed by Saundra Reeves and Jeramiah Reeves for certain real property to the City of Ripon in connection with the Picture Perfect Grooming Project (124 N. Locust Ave) and authorize the Mayor to sign and execute any and all documents necessary to complete the aforementioned transaction.

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

1.4C : SOUTH OF MAIN RESURFACING PROJECT
American Pavement Systems, Inc.

Change Order No. 1
Approve Change Order No. 1 for various
changes to the South of Main Resurfacing
Project contract documents along with the
reconstruction of Third Street, in the not to
exceed amount of $337,976.83 (funding
sources: Street & Road Operating Fund
and Street & Road Reconstruction Fund).

Council Member Barton asked why the change order amount is so high. City Administrator Werner said one of the major causes for the change order was Linda Avenue. He said the original proposal included a three-layer system, however, after further review it was decided that it would not work due to significant bumps in the roads. Staff and the contractor decided the northern half needed to be ground down and reconstructed.

Werner said the second large item on the change order is the reconstruction of Third Street. He said the Third Street reconstruction was not in the initial project, but because there will already be a crew coming out to do the grinding and reconstruction on Linda Avenue, staff thought it would best to maximize the efficiency of said crew and add Third Street to the plan. He said there is very little asphalt left on the street.

City Council Page 9 August 13, 2024
Werner said the Third Street change order will be deducted from the Street and Road Reconstruction Fund.

Council Member Restuccia said this change order is 20% of the total initial cost and asked how this will effect the project’s contingency fund. Werner said most projects have a 5% contingency fund. He said Third Street was not part of the project but it needs to be done.

Restuccia asked if staff is anticipating another project like Third Street to come up in this project. Werner said no.

Motion to approve Change Order No. 1 for various changes to the South of Main Resurfacing Project contract documents along with the reconstruction of Third Street.

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

2. RESOLUTIONS
A. RESOLUTION NO. ______

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

DESIGNATING THE VOTING

DELEGATE TO THE LEAGUE OF

CALIFORNIA CITIES ANNUAL

CONFERENCE
Determine if any Council Member(s) will
be attending the annual conference in Long
Beach from October 16-18, 2024.

If Council Member(s) will be attending,
designate the voting delegate and alternate
voting delegate to attend the annual
business meeting being held on October 17,
2024.
(Conference cost: $700.00)
(Hotel cost per night: $275.00)
Mayor Zuber asked if anyone was interested in attending. Council declined to attend.

No action taken.

City Council Page 10 August 13, 2024

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

A. PLANNING APPLICATION FEE SCHEDULE UPDATE
RESOLUTION NO. 24-34

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIPON

ESTABLISHING A REVISED

PLANNING APPLICATION FEE

SCHEDULE TO INCLUDE FOR-PROFIT

AND NON-PROFIT

DONATION/COLLECTION BIN

PERMITS AND RESCINDING ALL

PREVIOUS RESOLUTIONS IN

CONFLICT HEREWITH
This is a public hearing to consider the
Planning Agency Fee Schedule amendment
to add a fee for the processing of “ForProfit and Non-Profit Donation/Collection Bin” permits within the City of Ripon.

Recommended Action: Adopt the
resolution amending the Planning Agency
Fee schedule, which adds both “For-Profit
and Non-Profit Donation/Collection Bin
Permits” to the fee schedule.

Planning Director Zuidervaart said in early 2016 the City Council approved an ordinance to regulate the placement of Donation/Collection Bins within the City of Ripon. He said the City received a Grand Jury letter in 2016 regarding Donation Bins; in response, the City passed an ordinance regulating Donation Bins. He said staff received a request from an organization to place donation bins in the City and it was then that staff realized they had not updated the fee in the Planning Agency Fee Schedule.

Zuidervaart said this is a public hearing to consider the Planning Agency Fee Schedule amendment to add a fee for the processing of “For-Profit and Non-Profit Donation/Collection Bin” permits within the City of Ripon.

Zuidervaart said staff performed an analysis of the time and resources associated with the processing of such applications and determined that the processing of donation/collection bin permits would require the same resources as that of a minor site plan permit, which already exists on the Planning Department Fee Schedule. He said staff is proposing to set the application fee for donation/collection bin permits consistent with that of a minor site plan permit.

Zuidervaart said the fee associated with any “for-profit” organization would be $608 for each bin placement, while the fee for registered Ripon “non-profit” organizations would be $608 for each bin placement not located on the premises where they operate, or $304 (half) for each bin placement located on the premises where they operate.

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

PUBLIC HEARING CLOSED
City Council Page 11 August 13, 2024
Motion to adopt Resolution 24-34 amending the Planning Agency Fee schedule to add both “For-Profit and Non-Profit Donation/Collection Bin Permits” to the fee schedule.

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

4. ORDINANCES
First Reading and Introduction
A. ORDINANCE NO. 928

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF RIPON
AMENDING CHAPTER 17.16 "REAL
PROPERTY DEVELOPMENT FEES" OF

THE RIPON MUNICIPAL CODE
This ordinance amends Chapter 17.16 Real
Property Development Fees of the Ripon
Municipal Code providing updates to the
encroachment fee structure for utility
companies.

City Administrator Werner said Chapter 17.16 of the Ripon Municipal Code requires that any entity that applies for an encroachment permit to construct improvements within the public right-of-way to pay the City a fee equal to 7% of the value of construction. He said this fee is intended to cover the staff time to review the plans, perform inspections, and update the City GIS system with as-built information for any construction within the public right-of-way.

Werner explained that utility companies offering services such as electricity, natural gas, or telecommunications sometimes require an encroachment permit because they need to install their infrastructure within the public right-of-way in Ripon City limits. He said for the installation of a utility’s infrastructure, engineering staff does not review the plans or inspect the infrastructure owned by the utility company, such as the conduits and fiber optic cables that may be installed. He said there are no existing provisions within the Ripon Municipal Code that provides a different fee structure for the Plan Check Fee, Inspection Fee, or GIS Fee for utility companies.

Werner said staff is recommending that utility companies pay the Plan Check Fee, Inspection Fee, and GIS Fee as currently required in the Ripon Municipal Code, but exempt the cost of the utility’s infrastructure from the calculation.

Motion to waive the first reading and introduce Ordinance 928 amending Chapter

17.16 Real Property Development Fees of the Ripon Municipal Code providing updates to the encroachment fee structure for utility companies.

RESULT: FIRST READING [UNANIMOUS] Next: 9/10/2024 6:00 PM MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 12 August 13, 2024

5. DISCUSSION ITEMS
A. GRAND JURY REPORT NO. 0318 - SECOND LOOK: 2018-19 COLD CASES IN

SAN JOAQUIN COUNTY
Discussion/No Action Discuss response to Grand Jury Case No. 0318 for Superior Court of California,
County of San Joaquin regarding, " Second
Look: 2018-2019 San Joaquin County
Civil Grand Jury Report Cold Cases in San
Joaquin County: On the Back Burner" and
provide direction to staff.

This response must be returned to the
Grand Jury before September 23, 2024.

Police Chief Sauer said the 2023-24 San Joaquin County Grand Jury published “Second Look: 2018-2019 San Joaquin County Civil Grand Jury Report Cold Cases in San Joaquin County: On the Back Burner Case #0318”. He said the Grand Jury has made findings and recommendations to each entity within the County. He said in 2019, the San Joaquin County Civil Grand Jury released a similar report regarding “Cold Cases in San Joaquin County: On the Back Burner”. The recommendations were the same as this most recent report and the City of Ripon has already implemented these recommendations. He said the City of Ripon will continue to implement the recommendations made by the San Joaquin County Grand Jury and will join the recommended county wide Task Force as soon as it is created.

Council Member Restuccia asked if this is a blanket response from the Grand Jury or specific to Ripon. Sauer said it is a blanket response.

Mayor Zuber asked how many cold cases Ripon has. Sauer said Ripon has two cold cases and they are missing persons.

City Administrator Werner said tonight staff is looking from comments from Council and if there are no comments, the final draft of the response letter will come before Council at the next meeting for approval.

B. RIPON CONSOLIDATED FIRE DISTRICT PROPOSITION 218 UPDATE Discussion/No Action Staff to update the City Council on the results of the Fire District’s Proposition
218 Assessment election that is scheduled
for August 8th.

City Administrator Werner said the Ripon Consolidated Fire District (RCFD) is its own special district consisting of 56 square miles. He said they are governed by their own board and manage their own finances. He said the City started working with RCFD in 2020 to look for ways to help increase operating revenue for the Fire District. He said City Council Page 13 August 13, 2024
both the City and RCFD hired attorneys to discuss legal ways to do this, in addition to several meeting with the two-by-two committee and at the end of these lengthy consultations and meetings, the consensus was that a Prop 218 process would be the best option. He said in 2021 the City Council and RCFD signed a Memorandum of Understanding outlining each entities responsibilities, including the sharing of expenses for the Prop 218 process. He said the Prop 218 vote was completed on August 8, 2024.

The results were 54% ($336,000) voted no and 45% ($260,500) voted yes. He said the Prop 218 required 50% plus 1 of submitted ballots for approval.

Deputy City Attorney Terpstra said municipal finances are very complex and because of this, the City and RCFD both retained attorneys that specialize in municipal finance to advise them of the legality of a sales tax measure that would benefit the City and RCFD.

The attorneys both came back with the same opinion that it would not be legal to place a sales tax measure before the voters because RCFD does not have the authority to exercise the City’s taxing power and the City is not allowed to fund services it is not obligated to provide, which includes fire suppression and emergency medical services. He said there are rumors of other cities doing this, but it is likely that no person or entity has challenged those measures in court.

Terpstra explained that this is the time for the public to comment on this item, but there is a difference between commenting and debating. He encouraged people to use their five minutes for questions or comments, noting that if the Council does not respond, it is because they are simply receiving the input, not engaging in debate. He said this process encourages orderly processing of the City’s business.

Mayor Zuber opened the item for public discussion.

Don Bionaz said he appreciates the Council serving the City. He said he is not into politics but has been a business owner since 1997. He said he attended a RCFD meeting and learned that the City of Ripon only provides $64,000 to the RCFD in the form of a contract for Hazmat services. He believes this is not enough. He asked if RCFD was incorporated as a city fire department, would more money go to the Fire Department.

Bionaz said he would like to know how we can expand and figure out how the City can provide more money to the Fire Department.

Bionaz said one of the fire fighters is working 10 -14 days a month and while he may be volunteering for that assignment, he does not believe it is fair to his family. He said if this firefighter is on his 13th day in a row, and goes on a call tired, his risk of injury increases.

He said the attorney said there are limitations but there are all kinds of limitations. He called on the Council to find a way to do it. He said his question is how do we do that.

Vice Mayor de Graaf said the City and RCFD have worked closely together over the past 4 years to come up with a legal solution with the two-by-two committee and together the committee decided the Prop 218 process was the right solution. He said the Council is still committed to working with the Fire District to figure out what that looks like. de Graaf said everyone can agree that the solution needs to be legal and reliable for RCFD and the City. He said staff will work with RCFD to go over the results and figure out the next step. He said there is no solution that includes writing RCFD a check today.

City Council Page 14 August 13, 2024
Bionaz asked why the City cannot use their surplus funds to temporarily fund RCFD to help them get past their current financial difficulties.

Zuber asked Bionaz where he gets the idea that the City has surplus funds. Bionaz said it is just hearsay that he has heard.

Council Member Restuccia asked Werner to clarify the property tax revenue RCFD receives. Werner explained that RCFD, like other special districts, gets certain taxes by law, primarily relying on property tax. He noted that RCFD’s revenue is limited because when Prop 13 was passed in 1978, the district was frugal and now receives a smaller share of property tax revenue, about 4%-5%, compared to the 10% other districts receive.

He said another challenge is that the assessment approved by voters in 1985 was not indexed to account for inflation.

Bionaz asked if the City Council is doing something in the interim. Zuber said the Council has been working with them for four years and does not plan to stop now.

Bionaz asked what the Council is doing right now. Zuber reminded him it has only been 5 days since the Prop 218 did not pass.

Don Douma said he would like to know what the City would do if RCFD had to go bankrupt.

Zuber said he has not thought of that, but he is hoping to avoid that. Douma pushed for an answer asking what would happen if that was the only option to make this work in order for the City to obtain taxes and allocate them to RCFD. Zuber said if that happened then the City’s control would end at City limits, they could not serve the current district.

Restuccia said in order to go bankrupt RCFD would have to be overextended or have no revenue stream. He said they still have revenue, they may not be able to hire more people or raise salaries but they still have a revenue stream and for this reason they could not file bankruptcy. He said the City is trying to avoid anything like that and echoed Zuber’s remarks regarding the two-by-two committee meeting again and looking for another solution.

Douma asked what changes would have to be made in order to allow the City to provide financially for RCFD and cover the entire district and suggested a couple of scenarios.

Zuber said he would not get into conjecture but any fire service sponsored by the City of Ripon would legally end at City limits. He said there would have to be another entity in charge of the surrounding area.

Douma asked what the total given property tax amount collected per year and how it is dispersed. Werner said he does not have the numbers in front of him but could get back to him with the information.

Douma asked how much of the property tax collected goes to the Police Department.

Werner said this information is in the budget online and he would be happy to walk him through it.

City Council Page 15 August 13, 2024
On behalf of the public, City Clerk Roos read the following public comment received via email:

Carol Bauman-Gish said she understands that the essence of Prop 2018 is not the problem of the Council and that may be true up until today. She hopes it can become a shared one with the RCFD because vital tomorrows are urgent and are at hand. She said RCFD and the City of Ripon were established decades apart and independent of each other but now need each other to meet today's current cultural and community structure. She asked the Council to consider joining with RCFD for Ripon's mandatory health and safety.

Bauman-Gish said Ripon First Responders Day is an amazing appreciation expression of individuals, schools, and businesses community-wide. She asked if we will continue to walk Main Street the first Saturday in April in appreciation while the RCFD recipients of that appreciation are starving. She thanked the Council for sharing any interactive, creative, legal knowledge with RCFD for the benefit of Ripon's residents.

Stefanee Bartolotta said she has a grave concern that the Fire Department is not as wellfunded as it should be, especially with the large Bethany Home addition. She believes the addition of so many elderly people will create a risk for the City if adequate emergency services are not available. She said she would like the City to consider moving RCFD under the City’s jurisdiction in order to provide funding.

Zuber said they have looked at the possibility and can look further into it, but the City of Ripon cannot extend itself beyond the City limits.

Bartolotta said it is her understanding that it is becase RCFD is a consolidated district as opposed to being under the City. Zuber confirmed that the City would only be able to provide fire and emergency services within the City limits but the City is not considering that at the moment. The City is still committed to helping RCFD secure the funding they need and remain RCFD.

Al Caetano said he has heard that the ambulance service would be the first to go if RCFD does not receive the necessary funding. Caetano said he is not sure how many people have used the ambulance but it will be a sad day when Ripon loses its ambulance service increasing response times.

Zuber said he wanted to address the rumors that the City has reserves of $10 million that could be used to fund RCFD because it is not true. He explained the budget has an Operating Fund of $24 million. He said of the $24 million, $1.8 million is for water, sewer, and garbage, he said that money comes from the fees residents pay for those services and that money can only be spent on water, sewer and garbage expenses. He said $7.7 million is State restricted and the State mandates what it can be used for. He said $3.7 million is in contingency accounts for items such as sick leave payouts when someone retires as well as the City’s contributions to the cost of employee health care.

Zuber said the City has $6 million in unfunded PERS liability, in addition to what the City is paying on a regular basis. He said there is another fund is for natural disaster relief. He said those numbers add up to $14 million, leaving $10 million.

Zuber said of the remaining $10 million, $3 million goes to local street and roads and a lot of that money comes from money that is saved in other places. He said the City is City Council Page 16 August 13, 2024
finishing up a road repair project so that account is now down to $1 million. Zuber said the remaining $7 million is in a contingency fund. He pointed out that standard accounting practices suggest a city should have 25%-35% of their budget in a contingency fund in case something goes wrong as it has in the past.

Zuber said there is $35 million in the Capital Fund which is the fund the City uses to build infrastructure. He said $13 million of the Capital Fund is collected from new development and can only be spent on items related to development related growth; the City cannot spend that money anywhere else. He said $12 million is Enterprise Capital Fund which is water, sewer and garbage and is used for capital expenses such as drilling a new well, a new garbage truck or when a sewer line collapses and has to be fixed immediately. Zuber said that money can only be spent on water, sewer and garbage capital items.

Zuber said the last $10 million is dispersed into different accounts with each department having its own account to cover repair and replacement of capital items. He said Parks and Recreation has $3 million that will be used this year to redo the parking lot and the baseball fields at the Community Center. He said the City has a compressed natural gas station and the City keeps money reserved for the repair and upkeep of that station including replacing or repairing pumps or the tanks. He said Mistlin Sports Park also needs upkeep including replacing grass and equipment.

Zuber said the City collects mitigation fees that can only be used to address growth related expenses. He said the City used some of these fees, in addition to money the City had been saving, to construct the new corporation yard since the City had outgrown the old corporation yard.

Zuber said the $35 million is committed to the things that make this City a place we want to live. He said if we send the money someplace else, something in the City suffers.

Council Member Barton said he wanted to thank everyone for coming this evening. He said this is an issue that is central to everyone and he appreciates the RCFD employees.

Barton said the City Council unanimously voted yes to support the Prop 218 resolution for the properties owned by the City. He said he was surprised and disappointed by the results. He said there are very specific legal limitations in terms of RCFD’s jurisdiction and the City.

Barton said he hopes the people of the City of Ripon can take pride in the way the City handles their finances and he does not have to look very far for cities where business is not conducted in a conservative fashion and money is unavailable when it is needed.

Barton said he believes there is a solution to the RCFD funding issue, but he is not sure what it is right now.

Barton said he did not receive a ballot and heard others say they had not received a ballot either. He questioned the reason for the poor turnout saying there were 7,000, ballots sent but only 2,000 returned. He said RCFD needs to ask people why they voted no. de Graaf said he attended the RCFD meeting and it was requested by several people that City Council Page 17 August 13, 2024
this be put on the agenda for tonight. He said people often ask why the City or the Board is not doing something. He said no one attended the two-by-two meetings but instead went on social media to get information. He said the Council and staff appreciate the residents who attended tonight’s meeting and shared their opinion. He said the Council is committed to working with RCFD to find a solution.

REPORTS
Department Heads:

Chief Sauer said he wanted to thank the community for their support; National Night Out was very well attended.

Planning Director Zuidervaart said there is a Planning Commission meeting August regarding the battery storage project.

Public Works Director Pease said July water usage was down 15% from 2013 numbers and up 6% from last year’s number.

Pease said the Large Item Pick-Up Program will run through the end of September and residents can sign up online.

City Council:

Deputy City Attorney Terpstra said staff is coordinating meetings for the Code Enforcement Committee to equip the City’s Code Enforcement personnel with the tools they need to successfully enforce the City’s standards for weed abatement.

Vice Mayor de Graaf said he was out of town for National Night Out but he heard it was a success.
de Graaf thanked everyone for attending the meeting.

Council Member Restuccia said the water usage numbers reported by Public Works Director Pease are a mandated requirement of the State. He wants residents to understand that the City is required to monitor, limit and mandate water usage or face fines of $10,000 a day.

There being no further business, the meeting was adjourned at 7:06 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, JULY 09, 2024 – 6:00 PM

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

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

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

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

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

Return to open session.

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

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Victor Hinojosa gave the invocation.
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Minutes Acceptance: Minutes of Jul 9, 2024 6:00 PM (Approval of Minutes) City Council Page 2 July 9, 2024
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
OTHERS PRESENT:

City Administrator Kevin Werner, Deputy 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, Planning Secretary Michael Winters, Information Systems Technician Hunter Crosby, Steven Verver, Donna Miller, Ben Miller, Gerri Gastellum, Lauren Morte, Christian Manes, Victor Hinojosa, Kelly Donohue.

PUBLIC DISCUSSION:

Geraldine Gastellum said she would like to know why people are not allowed to live in their RV on their private property. She said she and her late husband purchased the home because it had full RV hookups. She said her daughter and son-in-law were living in their trailer on her property in order to help her because she is the sole caretaker for her sister who has advanced Parkinson's disease, but were told it was not allowed. Gastellum said she needs their help and would like to be allowed to stay on her property.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council meeting of June 11, 2024 and the Special City Council Meeting of June 27, 2024.

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

1. CITY COUNCIL - REGULAR MEETING - JUN 11, 2024 6:00 PM

2. CITY COUNCIL - SPECIAL MEETING - JUN 27, 2024 1:00 PM 1 Packet Pg. 19
Minutes Acceptance: Minutes of Jul 9, 2024 6:00 PM (Approval of Minutes) City Council Page 3 July 9, 2024
APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Barton requested Item 1.4A be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

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

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

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

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(June 2023 $352,261.77)
FY 2023-24 YTD: $4,458,116
FY 2022-23 YTD: $4,490,065
Highway Users Tax
(May 2023 $36,263.03)
FY 2023-24 YTD: $402,733
FY 2022-23 YTD: $372,636
SB1 Street & Road Tax
(June 2023 $32,386.28)
FY 2023-24 YTD: $402,936
FY 2022-23 YTD: $350,366
$286,317.12
$40,331.08
$37,328.06
TOTAL $363,976.26
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
June 2024 $1,305.31
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
April 2024
May 2024
$3,917.68
$7,207.44

TOTAL $11,125.12

1.2. Bills, Invoices, Payments
1 Packet Pg. 20
Minutes Acceptance: Minutes of Jul 9, 2024 6:00 PM (Approval of Minutes) City Council Page 4 July 9, 2024
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Private Development
$8,657.50
$5,418.75
TOTAL $14,076.25
B. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2024-2025 1st Quarter Deposits $852,093.00
C. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
May 2024 Invoice #AR115030 $2,418.80
D. PATRICK CLARK CONSULTING
Professional Services – Labor Relations
Invoice #240607 $62.50
E. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #16 $273,140.20
F. BASECAMP ENVIRONMENTAL, INC.

Environmental Services for the Arc Way Development Project Invoice #52498 $17,984.00
G. CALIFORNIA CAD SOLUTIONS, INC.

Geographical Information System Site Development
Invoice #701719 (Funded by LEAP Grant) $6,285.00
H. PADILLA & ASSOCIATES
Disadvantaged Business Enterprise Reporting Services
Progress Payment – Invoice #23-111-02 $750.00
I. BASECAMP ENVIRONMENTAL, INC.

South County Water Project
Progress Payment – Invoice #52491 $4,117.50
Electrical Vehicle (EV) Charging Station
Progress Payment – Invoice #52495 $3,411.03
TOTAL $7,528.53
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Minutes Acceptance: Minutes of Jul 9, 2024 6:00 PM (Approval of Minutes) City Council Page 5 July 9, 2024
J. TERRACON CONSULTANTS, INC.

Fleet Maintenance Facility Materials Testing & Inspection Services Progress Payment
Invoice #TM16647
Invoice #TM25295
$614.00
$691.00
TOTAL $1,305.00
K. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment - Invoice #02421 $4,175.92
L. LDA
Fleet Maintenance Facility Construction Management Services Progress Payment – Invoice #33/622-03-20 $3,650.00

1.3. Resolutions
A. RESOLUTION NO. 24-21

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE MEMORANDUM

OF UNDERSTANDING FOR
FISCAL YEARS 2024/25 - 2026/27

FOR ALL EMPLOYEES OF THE

CITY OF RIPON WORKING IN THE

CLASSIFICATION OF PUBLIC

WORKS MAINTENANCE, PUBLIC

WORKS FOREMAN AND PUBLIC

WORKS SUPERVISING FOREMAN
This resolution adopts the Memorandum
of Understanding that covers salary,
benefits, and working conditions for the
Public Works employees from July 1,
2024 to June 30, 2027.

B. RESOLUTION NO. 24-22

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE CITY OF RIPON

EMPLOYEE COMPENSATION
PLAN FOR FISCAL YEAR 2024 -
2025 FOR ALL ADMINISTRATIVE

STAFF, NON-REPRESENTED

POLICE DEPARTMENT

EMPLOYEES, AND PART-TIME

RECREATION EMPLOYEES
This resolution adopts the employee
compensation plan for Fiscal Year 2024 -
2025 for all administrative staff, nonrepresented Police Department employees, and part-time recreation
employees.
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Minutes Acceptance: Minutes of Jul 9, 2024 6:00 PM (Approval of Minutes) City Council Page 6 July 9, 2024

1.4. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

Change Order No. 13
Approve Change Order No. 13 for
additional electrical circuit, vinyl
window tint, and gas piping in the not to
exceed amount of $28,917 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).

C. MEADOWOOD RESIDENTIAL SUBDIVISION PROJECT
Reimbursement Agreement - Lennar
Homes
Approve and authorize the Mayor to
sign the Meadowood Property
Reimbursement Agreement with Lennar
Homes that provides reimbursement for
staff time to respond to issues related to
the Meadowood residential subdivision
project located at 980 and 1050 Warren
Road (west of Fulton Avenue).

D. LIEBERT CASSIDY WHITMORE
Agreement for Special Services
Employment Relations Consortium
Membership (July 2024 - June 2025)
Approve and authorize the Mayor to
sign the agreement with Liebert Cassidy
Whitmore for employment relations
training & consulting services and
approve payment of the annual
membership dues in the amount of
$2,865.00 (funding source: General
Fund).

E. ANNUAL MILITARY EQUIPMENT REPORT
July 1, 2023 - June 30, 2024 Accept the City’s annual military equipment report for the year ending
June 30, 2024.

F. PROCLAMATION
Ripon Christian High School Present a proclamation to Ripon Christian High School recognizing its
outstanding athletic accomplishment.
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Minutes Acceptance: Minutes of Jul 9, 2024 6:00 PM (Approval of Minutes) City Council Page 7 July 9, 2024

ITEMS PULLED FROM CONSENT

1.4A : FLEET MAINTENANCE FACILITY EQUIPMENT PURCHASE
Stertil-Koni Approve the purchase of mobile vehicle
column lifts and support stands for the
Fleet Maintenance Facility in the not to
exceed amount of $171,182.85 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).

Council Member Barton asked if the current lift is insufficient. Public Works Director Pease said the current lifts are not sufficient for the needs of staff. He said these are portable column lifts, allowing staff to move the lifts to vehicles that may not be able to fit in a stationary lift location.

Motion to approve the purchase of mobile vehicle column lifts and support stands for the Fleet Maintenance Facility in the not to exceed amount of $171,182.85.

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

PRESENTATION OF PROCLAMATION
Mayor Zuber presented a proclamation to Christian Manes, Golf Coach for Ripon Christian High School, in recognition for their outstanding athletic accomplishments.

2. RESOLUTIONS
A. RESOLUTION NO. 24-23

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE CITY OF RIPON
FISCAL YEAR 2024-2025 BUDGET
This resolution adopts the City of Ripon
Fiscal Year 2024-2025 Budget.

City Administrator Werner presented a powerpoint summary of the 2024-25 Budget saying this is the last step of the budget process and then reviewed the completed steps. Werner pointed out that there are many different funds that the City uses.

Werner said the City budget allocates funding to meet City Council priorities. There have been many important policy decisions made by this City Council and past councils that have established prudent fiscal policies that continue to provide consistent services to the community.
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Werner summarized the transfers that will be made from the General Fund and the accounts to which they will be made. Werner said the Council refinanced the Redevelopment Bonds saving the City $160,000 a year with that money then being transferred to CalPERS Section 115 trust.

Werner summarized staffing additions including a maintenance worker for concrete and asphalt, a police officer trainee, and an assistant civil engineer. He said staff is also recommending the reclassification of one Community Service Officer position into a Lead Community Service Officer.

Werner reviewed proposed Street and Road capital projects for fiscal year 2024-25 including Area 1 and the River Road overlay.

Werner highlighted some of the upcoming Capital Improvements including improvements at the Senior Center, several improvements at the Community Center, Well 3 treatment system, and the rehabilitation of Well 9.

Motion to approve Resolution 24-23 adopting the Fiscal Year 2024-2025 Operating and Capital Budget.

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

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

A. ANNUAL ASSESSMENTS FOR THE FISCAL YEAR 2024-2025 FOR THE CITY OF

RIPON'S TEN LANDSCAPE MAINTENANCE DISTRICTS
RESOLUTION NO. 24-24

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

DETERMINING THE AMOUNT OF

AND APPROVING THE LEVY OF THE

ANNUAL ASSESSMENTS FOR THE
FISCAL YEAR 2024-2025 FOR THE

CITY OF RIPON'S TEN LANDSCAPE

MAINTENANCE DISTRICTS

LOCATED IN THE COUNTY OF SAN
JOAQUIN, CALIFORNIA.

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

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

City Administrator Werner said the Alexandra District is the only district with a proposed increase.
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PUBLIC HEARING OPENED
No one from the public wished to speak at this time.

PUBLIC HEARING CLOSED
Motion to approve Resolution 24-24 determining the amount of and approving the levy of the annual assessment for the fiscal year 2024-2025 for the City of Ripon’s ten Landscape Maintenance Districts and authorizing the Mayor to sign and execute any and all documents necessary and to forward these documents to the County Assessor’s Office in order to place the assessment on the County tax rolls.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
B. ANNUAL ASSESSMENT FOR THE FISCAL YEAR 2024-2025 FOR THE CITY OF

RIPON LIGHTING DISTRICT
RESOLUTION NO. 24-25

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

DETERMINING THE AMOUNT OF

AND APPROVING THE LEVY OF THE

ANNUAL ASSESSMENT FOR THE
FISCAL YEAR 2024-2025 FOR
ASSESSMENT DISTRICT NO. 05-1,

CITY OF RIPON, COUNTY OF SAN

JOAQUIN, CALIFORNIA, COMMONLY

KNOWN AS CITY OF RIPON

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

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

City Administrator Werner said the City assumed responsibility of the Lighting District from San Joaquin County in 2005. At that time the District was in a deficit of almost $300,000. He said the City was able to bring the district into the black, but with the current energy rate increases, staff does not believe this will continue. He said the Lighting District’s budget is very close to being balanced for the upcoming fiscal year. Werner said staff is currently working on suggestions to bring to Council to ensure the financial viability of the Lighting District.

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

PUBLIC HEARING CLOSED
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Motion to approve Resolution 24-25 determining the amount of and approving the levy of the annual assessment for the fiscal year 2024-2025 for the City of Ripon’s Lighting District and authorizing the Mayor to sign and execute any and all documents necessary and to forward these documents to the County Assessor’s Office in order to place the assessment on the County tax rolls.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
C. VACATION AND ABANDONMENT OF A PORTION OF PUBLIC RIGHT OF WAY ADJACENT TO 435 MAPLE AVENUE
RESOLUTION NO. 24-26

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

FOR THE VACATION AND

ABANDONMENT OF A PORTION OF

PUBLIC RIGHT-OF-WAY ADJACENT
TO THE PROPERTY AT 435 MAPLE
AVENUE
This is a public hearing to consider input
regarding abandonment of an unused
portion of public right-of-way adjacent to
the property at 435 Maple Avenue.

Recommended Action: Adopt the
resolution declaring the vacation and
abandonment of a portion of public rightof-way adjacent to the property at 435 Maple Avenue.

Planning Director Zuidervaart said Council is required to go through a three-step process in which the final step is a public hearing at a City Council meeting. He said the Council passed Resolution 24-11 at the May 14, 2024 City Council meeting and the Planning Commission recommended approval of the partial vacation of the public right-of-way at the June 17, 2024 meeting. The final step is for Council to adopt the resolution ordering the vacation and abandonment of the public right-of-way.

Council Member Restuccia asked if the area proposed for abandonment is as big as looks on the map. Zuidervaart said no, it is a small area.

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

PUBLIC HEARING CLOSED
Motion to adopt Resolution 24-26 declaring the vacation and abandonment of a portion of public right-of-way adjacent to the property located at 435 Maple Avenue.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1 Packet Pg. 27
Minutes Acceptance: Minutes of Jul 9, 2024 6:00 PM (Approval of Minutes) City Council Page 11 July 9, 2024

4. ORDINANCES
First Reading and Adoption
A. ORDINANCE NO. 927

AN ORDINANCE OF THE CITY OF

RIPON FIXING THE AMOUNT OF

MONEY TO BE RAISED BY

TAXATION AND THE RATE OR

RATES OF TAX THEREFORE

NECESSARY TO CARRY ON THE

VARIOUS FUNCTIONS AND

DEPARTMENTS OF THE CITY OF

RIPON AND REPEALING ALL

ORDINANCES IN CONFLICT

THEREWITH
This ordinance sets the amount of money
raised by taxes necessary to carry on the
various functions of the City of Ripon.
(City tax rate: $0.00)
City Clerk Roos said this is an annual ordinance required to certify the 2024/2025 appropriation limits also known as the GANN limits saying that the taxes collected by the City are below the ceiling that is allowed based upon the rates set by Proposition 4 passed in 1979.

Motion to waive the first reading and adopt Ordinance 927 setting the amount of money raised by taxes necessary to carry on the various functions of the City of Ripon.

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

5. DISCUSSION ITEMS
A. PURCHASE OF POLICE K-9
Discussion/Action Approve and authorize the purchase of a Police K-9 to replace the retired K-9 Vitus
including the initial expense to purchase
and train the Police K-9 in the not to
exceed amount of $25,254.02 and the ongoing annual expense of $5,800 per year (funding source: General Fund).

Police Chief Sauer said the Police Department is requesting approval to purchase a K-9 to replace Vitus who was retired in May. He said the Department’s K-9 Program, used in drug detection, tracking, suspect searches and de-escalation, has proven to be a valuable resource for the Department and community.

Council Member Restuccia asked if the Department keeps statistics regarding the dog and 1 Packet Pg. 28
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the effectiveness. Sauer confirmed.

Restuccia asked if the requested $5,800 is enough for maintenance. Sauer said yes.

Council Member Barton asked if the officer assigned to the new K-9 has experience as a handler. Sauer said this will be the officer’s first K-9 assignment and briefly described the procedure for helping the officer and dog bond before they begin their training.

Motion to approve and authorize the purchase of a Police K-9 to replace the retired K-9 Vitus including the initial expense to purchase and train the Police K-9 in the not to exceed amount of $25,254.02 and the on-going annual expense of $5,800 per year.

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

REPORTS
Department Heads:

Recreation Director Stevens said the scheduled Movie in the Park will be rescheduled to August 23 due to the excessive heat.

Council Member Barton asked if the members of the Pickleball club had followed up with him after they come to the Council meeting. Stevens said he had spoken to some of the members as the meeting ended but had not heard from them since then.

Planning Director Zuidervaart said there is Planning Commission meeting on July 15, 2024. He said items on the agenda include an extension for the Towneplace Suites project and a Major Site Review for 923 S. Acacia Avenue for a small office building.

Public Works Director Pease said June water usage was 15% lower than 2013 numbers and 10% higher than last year’s numbers. He said staff made 119 contacts and issued 4 penalties.

Pease said residents are able to register for the Large Item Pick-Up program online through September 2024.

Council Member Restuccia asked Pease about the new water conservation measures coming from the State. Pease said there were some drastic water conservation measures approved, including a possible 30% reduction in water usage.

Deputy City Attorney Terpstra provided an update on the recent Supreme Court ruling regarding homelessness and enforcement of illegal camping and possible ramifications.

City Administrator Werner provided Council with a handout detailing the current Engineering Department capital projects.
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City Council:

Council Member Barton said he had a wonderful 4th of July and shared a quote from Ronald Reagan.

Vice Mayor de Graaf said he wanted to thank everyone for attending.

Mayor Zuber said Ripon Christian did a great job with the bus barn and addressed the concerns Council had. He said the facility will be a great addition to the community and the school.

Zuber said there are places in town that are in direct violation of weed abatement laws; he would like staff to address these violations. Werner said he would bring this to the Code Enforcement Committee.

There being no further business, the meeting was adjourned at 6:41 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 30
Minutes Acceptance: Minutes of Jul 9, 2024 6:00 PM (Approval of Minutes) Ripon City Council
Special Meeting Minutes
MONDAY, JULY 19, 2024

SPECIAL MEETING
11:00 AM
The Special Meeting was called to order by Mayor Leo Zuber at 11:00 am.

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
OTHERS PRESENT: City Administrator Kevin Werner, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias.

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

2. TOPICS OF DISCUSSION
A. RESOLUTION NO. 24-27

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2024/25 - 2026/27 FOR ALL

EMPLOYEES OF THE CITY OF RIPON
POLICE OFFICER’S ASSOCIATION
This resolution adopts the Memorandum of
Understanding that covers salary, benefits,
and working conditions for the Police
Officer’s Association from July 1, 2024 to
June 30, 2027.

City Administrator Werner said he will discuss these four items together. He said these are the Memorandum of Understandings (MOUs) for the Ripon Police Officer’s Association (RPOA) and the Ripon Sergeant’s Association (RSA). He said the terms are similar to what was provided for Ripon City Employees’ Association, with one exception being the one-time retention bonus. He said over the last 8 years, 13 sworn police officers have transferred to other departments and of these officers, 10 had less than 5 years of service. Werner said the off-schedule retention bonus is an effort to mitigate this unique retention challenge. He said they are providing a one-time retention bonus for dispatchers as well. Werner said the funding for this will be provided from the Fiscal Year 2022-23 surplus.

Council Member Uecker asked if dispatch is part of the RPOA and RSA MOU. Werner said no, dispatch is part of the unrepresented employee group. 2 Packet Pg. 31
Minutes Acceptance: Minutes of Jul 19, 2024 11:00 AM (Approval of Minutes) City Council Page 2 July 19, 2024
Mayor Zuber asked about the items in italics in the MOUs and if they are additions or to make them more noticeable. Werner said there was no reason for the italics and staff will clean it up.

Zuber asked if the dispatchers are only receiving this for one year. Werner confirmed that it is the intention to provide this for three years, but the Unrepresented Employee Compensation Plan is updated yearly as opposed to the 3-year term of the MOU.

Zuber asked if there are any plans for the fiscal surplus remainder of Fiscal Year 2022-23.

Werner said staff will bring suggestions to Council at a future date.

Werner said the RPOA and RSA have expressed an interest in merging MOUs. He said he expects this to happen in the next few months.

Council Member Restuccia said several members of the Police Department have approached him to thank the Council for supporting them and for the transparency staff brings to the negotiations.

Motion to approve Resolution 24-27 approving the Memorandum of Understanding that covers salary, benefits, and working conditions for the Police Officer’s Association from July 1, 2024 to June 30, 2027.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
B. RESOLUTION NO. 24-28

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE MEMORANDUM OF

UNDERSTANDING FOR FISCAL
YEARS 2024/25 - 2026/27 FOR ALL

EMPLOYEES OF THE CITY OF RIPON

POLICE SERGEANT'S ASSOCIATION
This resolution adopts the Memorandum of
Understanding that covers salary, benefits,
and working conditions for the Police
Sergeant's Association from July 1, 2024 to
June 30, 2027.

Motion to approve Resolution 24-28 approving the Memorandum of Understanding that covers salary, benefits, and working conditions for the Police Sergeant's Association from July 1, 2024 to June 30, 2027.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
2 Packet Pg. 32
Minutes Acceptance: Minutes of Jul 19, 2024 11:00 AM (Approval of Minutes) City Council Page 3 July 19, 2024
C. RESOLUTION NO. 24-29

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AMENDING THE CITY OF RIPON

EMPLOYEE COMPENSATION PLAN
FOR FISCAL YEAR 2024 - 2025 FOR

CERTAIN ADMINISTRATIVE STAFF

AND NON-REPRESENTED POLICE

DEPARTMENT EMPLOYEES
This resolution amends the employee
compensation plan for Fiscal Year 2024 -
2025 for certain administrative staff and
non-represented Police Department
employees.

Motion to approve Resolution 24-29 amending the employee compensation plan for Fiscal Year 2024 - 2025 for certain administrative staff and non-represented Police Department employees.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
D. RESOLUTION NO. 24-30

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON
APPROVING FISCAL YEAR 2024-25

FINANCIAL TRANSFER
Over the last 8 years, 13 sworn police
officers have transferred to other
departments. Of these officers, 10 had less
than 5 years of service. In order to attempt
to address this unique retention challenge
this resolution approves the financial
transfer for Fiscal Year 2024-25 to fund the
off-schedule one-time retention payments
of the Police Officers, Sergeants and
Dispatchers over the next three years using
the Fiscal Year 2022-23 surplus.

Motion to approve Resolution 24-30 approving the financial transfer to fund the offschedule one-time retention payments of the Police Officers, Sergeants and Dispatchers over the next three years.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
2 Packet Pg. 33
Minutes Acceptance: Minutes of Jul 19, 2024 11:00 AM (Approval of Minutes) City Council Page 4 July 19, 2024

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:11 AM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
2 Packet Pg. 34
Minutes Acceptance: Minutes of Jul 19, 2024 11:00 AM (Approval of Minutes)

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Attachment: 2024 05 advance (4333 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2300464 and 2300464AIssue Date: July 10, 2024Fiscal Year: 2023-2024Collection Period: May 24, 2024 - June 23, 2024Description: Streets and Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Kae Saeteurn at 916-252-6221 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 $12,188.53 $8,520.61 $5,727.29 $11,774.31 $0.00 $0.00 $38,210.74 $0.00 $38,210.74 $440,943.68

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Attachment: fy2324_06hwycityra (4333 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2300471 and 2300471A
Issue Date: July 22, 2024
Fiscal Year: 2023-2024
Collection Period: June 01, 2024 - June 30, 2024
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 $33,257.82 $373,705.65
1 of 1

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Attachment: rmra_cities_remit_2324_july24 (4333 : State of California)

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Attachment: CCATT (4344 : CCATT Holdings)

1.1.C.a
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Attachment: Gilton (4342 : Gilton Solid Waste Management, Inc.)

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Attachment: Gilton (4342 : Gilton Solid Waste Management, Inc.)

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Attachment: Waste Management (4341 : Waste Management)

1.1.D.a
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Attachment: Waste Management (4341 : Waste Management)
MEMO
To: Honorable City Council
From: City Administrator, Kevin Werner
Date: August 13, 2024
Subject: San Joaquin Partnership
BACKGROUND:

The San Joaquin Partnership (Partnership) is a private, non-profit corporation. The focus of the Partnership is to attract, retain, and expand businesses throughout San Joaquin County and the incorporated cities.

The services of the Partnership are focused on large-scale office and industrial businesses and industry through direct client contact, site selection consultants, brokers, corporate real estate executive and others.

The City of Ripon elected to no longer be a member of the Partnership in 2008 and rejoined in 2014.

City Council
259 N. Wilma Avenue
Ripon, CA, 95366

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Attachment: City of Ripon Invoice 11139 6.17.24 (4305 : San Joaquin Partnership Annual Fee) San Joaquin Partnership
2431 W March Lane #103, Stockton, CA 95207
Phone (209) 956-3380
INVOICE NO. 11139 DATE 6/20/2024
BILL TO NET 30 PAYABLE TO
City of Ripon
Kevin Werner
259 N. Wilma Ave
Ripon, CA 95366
Due
7/20/2024
San Joaquin Partnership
2431 W. March Lane #103
Stockton, CA 95207

DESCRIPTION TOTAL
2024 Annual Investment Membership to the San Joaquin Partnership, Inc.

Please note that the San Joaquin Partnership is a 501 (c)(6), non-profit corporation.

Payments are not deductible as charitable contributions for Federal Income Tax purposes.

They are deductible as business expenses for most taxpayers.

Taxpayer ID: #94-3140077
For questions please contact: Reyna DeKasha, Chief Operations Officer [email protected]
$5,000
TOTAL DUE BY DATE 7/20/2024 $5,000
Your ongoing support is greatly appreciated!

1.2.A.a
Packet Pg. 44
Attachment: City of Ripon Invoice 11139 6.17.24 (4305 : San Joaquin Partnership Annual Fee) City of Ripon Invoice number 4335 Invoice date 07/12/2024 Invoice total 35,930.00
We appreciate your business.

5.2 NOTICE OF EXEMPTION 2,240.00 0.00 0.00 2,240.00 0.00

5.1 NATIVE AMERICAN CONSULTATION 2,510.00 0.00 0.00 2,510.00 0.00

4.5 FINAL HE 3,550.00 0.00 0.00 3,550.00 0.00

4.4 ADOPTION DRAFT HE 9,480.00 0.00 0.00 9,480.00 0.00

4.3 HCD DRAFT HE 12,570.00 0.00 0.00 12,570.00 0.00

4.2 PUBLIC REVIEW HE 10,540.00 0.00 9,820.00 720.00 9,820.00

4.1 ADMIN DRAFT HE 60,110.00 41,190.00 60,110.00 0.00 18,920.00

3.4 PUBLIC HEARINGS 4,240.00 0.00 0.00 4,240.00 0.00

3.3 STAKEHOLDER SURVEY 3,020.00 650.00 3,020.00 0.00 2,370.00

3.2 OPEN HOUSE 4,080.00 0.00 0.00 4,080.00 0.00

3.1 HOUSING WORKSHOP + SURVEY 6,320.00 3,400.00 6,320.00 0.00 2,920.00 2: PROJECT ADMINISTRATION 4,800.00 550.00 2,450.00 2,350.00 1,900.00 1: PROJECT KICKOFF 660.00 660.00 660.00 0.00 0.00
Total 124,120.00 46,450.00 82,380.00 41,740.00 35,930.00 Description
Contract

Amount
Prior

Billed
Total

Billed Remaining
Current

Billed
De Novo Planning Group
Payment Remittance Address
P.O. Box 4843
El Dorado Hills, CA 95762
For Professional Services through June 30,2024
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Invoice number 4335
Date 07/12/2024
Project RIPON 6TH CYCLE HOUSING ELEMENT

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Packet Pg. 45
Attachment: De Novo Planning Group Invoice #4335 (4332 : De Novo Planning Group) Date 07/12/2024
City of Ripon Invoice number 4335
Project RIPON 6TH CYCLE HOUSING ELEMENT
City of Ripon Invoice number 4335 Invoice date 07/12/2024 Billable Time 01/16/2024 4.00 110.00 440.00
Billable Time 01/05/2024 4.00 110.00 440.00
Subtotal 8.00 880.00
Ziqian Yin
Assistant Planner
Billable Time 03/05/2024 6.00 200.00 1,200.00
Billable Time 02/28/2024 3.00 200.00 600.00
Billable Time 02/27/2024 4.00 200.00 800.00
Billable Time 02/26/2024 2.00 200.00 400.00
Subtotal 15.00 3,000.00
Beth A. Thompson
Principal
Labor WIP Status: Billable
Date Units Rate Amount
Billing Cutoff: 06/30/2024
Labor 6,320.00 40.00 100 6,320.00 46 2,920.00
Subtotal 6,320.00 40.00 100 6,320.00 0.00 46 2,920.00
Contract Previously Billed To Bill
Units Amount Units % Amount Units % Amount
3: Community Outreach & Participation

3.1 Housing Workshop + Survey Phase Status: Active
Billable Time 06/14/2024 0.50 200.00 100.00
Billable Time 06/13/2024 1.00 200.00 200.00
Billable Time 06/10/2024 2.00 200.00 400.00
Billable Time 06/04/2024 1.00 200.00 200.00
Billable Time 04/22/2024 1.00 200.00 200.00
Billable Time 02/27/2024 1.00 200.00 200.00
Billable Time 01/25/2024 1.50 200.00 300.00
Billable Time 12/12/2023 1.50 200.00 300.00
Subtotal 9.50 1,900.00
Beth A. Thompson
Principal
Labor total 9.50 1,900.00
Labor WIP Status: Billable
Date Units Rate Amount
Billing Cutoff: 06/30/2024
Labor 4,800.00 12.25 51 2,450.00 40 1,900.00
Subtotal 4,800.00 12.25 51 2,450.00 0.00 40 1,900.00
Units Amount Units % Amount Units % Amount
Contract Previously Billed To Bill
2: Project Administration Phase Status: Active
Ripon 6th Cycle Housing Element
Invoice Supporting Detail

1.2.B.a
Packet Pg. 46
Attachment: De Novo Planning Group Invoice #4335 (4332 : De Novo Planning Group) Date 07/12/2024
City of Ripon Invoice number 4335
Project RIPON 6TH CYCLE HOUSING ELEMENT
City of Ripon Invoice number 4335 Invoice date 07/12/2024 Billable Time 12/06/2023 4.00 200.00 800.00
Billable Time 12/13/2023 2.00 200.00 400.00
Billable Time 12/07/2023 2.00 200.00 400.00
Billable Time 02/27/2024 2.00 200.00 400.00
Billable Time 04/01/2024 2.00 200.00 400.00
Billable Time 12/15/2023 2.00 200.00 400.00
Billable Time 12/14/2023 1.00 200.00 200.00
Beth A. Thompson
Principal
Labor WIP Status: Billable
Date Units Rate Amount
Billing Cutoff: 06/30/2024
Labor 60,110.00 434.15 100 60,110.00 31 18,920.00
Subtotal 60,110.00 434.15 100 60,110.00 0.00 31 18,920.00 Contract Previously Billed To Bill
Units Amount Units % Amount Units % Amount
4: Housing Element

4.1 Admin Draft HE Phase Status: Active
Billable Time 06/12/2024 4.00 200.00 800.00
Billable Time 02/26/2024 4.00 200.00 800.00
Billable Time 01/30/2024 2.00 200.00 400.00
Billable Time 01/24/2024 2.00 200.00 400.00
Subtotal 12.00 2,400.00
Beth A. Thompson
Principal
Labor total 12.00 2,400.00
Labor WIP Status: Billable
Date Units Rate Amount
Billing Cutoff: 06/30/2024
Labor 3,020.00 17.00 100 3,020.00 78 2,370.00
Subtotal 3,020.00 17.00 100 3,020.00 0.00 78 2,370.00
Contract Previously Billed To Bill
Units Amount Units % Amount Units % Amount
3: Community Outreach & Participation

3.3 Stakeholder Survey Phase Status: Active
Labor total 23.00 3,880.00
Date Units Rate Amount
Billing Cutoff: 06/30/2024
3: Community Outreach & Participation

3.1 Housing Workshop + Survey Phase Status: Active
Ripon 6th Cycle Housing Element
Invoice Supporting Detail

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Packet Pg. 47
Attachment: De Novo Planning Group Invoice #4335 (4332 : De Novo Planning Group) Date 07/12/2024
City of Ripon Invoice number 4335
Project RIPON 6TH CYCLE HOUSING ELEMENT
City of Ripon Invoice number 4335 Invoice date 07/12/2024 Erik Anderson
Associate Planner
Billable Time 01/08/2024 3.00 115.00 345.00
Billable Time 01/04/2024 1.50 115.00 172.50
Billable Time 01/10/2024 1.00 115.00 115.00
Billable Time 02/27/2024 1.00 115.00 115.00
Billable Time 01/09/2024 2.00 115.00 230.00
Subtotal 8.50 977.50
Jennifer DeMartino
GIS and Graphics
Billable Time 03/19/2024 6.00 110.00 660.00
Billable Time 03/05/2024 4.00 110.00 440.00
Billable Time 03/04/2024 7.00 110.00 770.00
Billable Time 02/29/2024 4.00 110.00 440.00
Billable Time 02/01/2024 4.00 110.00 440.00
Billable Time 01/31/2024 4.00 110.00 440.00
Billable Time 01/24/2024 3.00 110.00 330.00
Billable Time 01/18/2024 2.00 110.00 220.00
Billable Time 11/21/2023 4.00 110.00 440.00
Billable Time 11/22/2023 4.00 110.00 440.00
Billable Time 01/22/2024 8.00 110.00 880.00
Billable Time 12/07/2023 4.00 110.00 440.00
Billable Time 12/08/2023 4.00 110.00 440.00
Billable Time 12/14/2023 4.00 110.00 440.00
Billable Time 12/06/2023 4.00 110.00 440.00
Billable Time 12/19/2023 8.00 110.00 880.00
Billable Time 12/22/2023 8.00 110.00 880.00
Billable Time 01/04/2024 4.00 110.00 440.00
Billable Time 01/08/2024 6.00 110.00 660.00
Billable Time 01/09/2024 8.00 110.00 880.00
Billable Time 12/15/2023 8.00 110.00 880.00
Billable Time 02/13/2024 4.00 110.00 440.00
Subtotal 112.00 12,320.00
Ziqian Yin
Assistant Planner
Subtotal 15.00 3,000.00
Principal
Labor WIP Status: Billable
Date Units Rate Amount
Billing Cutoff: 06/30/2024
4: Housing Element

4.1 Admin Draft HE Phase Status: Active
Ripon 6th Cycle Housing Element
Invoice Supporting Detail

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Packet Pg. 48
Attachment: De Novo Planning Group Invoice #4335 (4332 : De Novo Planning Group) Date 07/12/2024
City of Ripon Invoice number 4335
Project RIPON 6TH CYCLE HOUSING ELEMENT
City of Ripon Invoice number 4335 Invoice date 07/12/2024 Ziqian Yin
Assistant Planner
Billable Time 06/28/2024 2.00 200.00 400.00
Billable Time 06/21/2024 2.00 200.00 400.00
Billable Time 06/18/2024 2.00 200.00 400.00
Billable Time 06/17/2024 2.00 200.00 400.00
Billable Time 06/13/2024 5.00 200.00 1,000.00
Billable Time 06/07/2024 3.00 200.00 600.00
Billable Time 06/03/2024 2.00 200.00 400.00
Billable Time 04/26/2024 4.00 200.00 800.00
Billable Time 04/25/2024 2.00 200.00 400.00
Billable Time 04/02/2024 2.00 200.00 400.00
Subtotal 26.00 5,200.00
Beth A. Thompson
Principal
Labor WIP Status: Billable
Date Units Rate Amount
Billing Cutoff: 06/30/2024
Labor 10,540.00 68.00 93 9,820.00 93 9,820.00
Subtotal 10,540.00 68.00 93 9,820.00 0.00 93 9,820.00
Units Amount Units % Amount Units % Amount
Contract Previously Billed To Bill
4: Housing Element

4.2 Public Review HE Phase Status: Active
Billable Time 12/07/2023 5.50 120.00 660.00
Billable Time 12/08/2023 5.50 120.00 660.00
Billable Time 12/11/2023 3.75 120.00 450.00
Billable Time 12/13/2023 1.00 120.00 120.00
Billable Time 12/12/2023 1.50 120.00 180.00
Billable Time 01/10/2024 4.25 120.00 510.00
Billable Time 01/09/2024 6.50 120.00 780.00
Billable Time 01/08/2024 7.25 120.00 870.00
Subtotal 35.25 4,230.00
Erik Anderson
Associate Planner
Labor total 170.75 20,527.50
Labor WIP Status: Billable
Date Units Rate Amount
Billing Cutoff: 06/30/2024
4: Housing Element

4.1 Admin Draft HE Phase Status: Active
Ripon 6th Cycle Housing Element
Invoice Supporting Detail

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Packet Pg. 49
Attachment: De Novo Planning Group Invoice #4335 (4332 : De Novo Planning Group) Date 07/12/2024
City of Ripon Invoice number 4335
Project RIPON 6TH CYCLE HOUSING ELEMENT
City of Ripon Invoice number 4335 Invoice date 07/12/2024 Billable Time 05/15/2024 5.00 110.00 550.00
Billable Time 06/21/2024 2.00 110.00 220.00
Billable Time 06/18/2024 4.00 110.00 440.00
Billable Time 06/13/2024 2.00 110.00 220.00
Billable Time 05/25/2024 4.00 110.00 440.00
Billable Time 05/24/2024 8.00 110.00 880.00
Billable Time 05/17/2024 2.00 110.00 220.00
Billable Time 05/16/2024 4.00 110.00 440.00
Billable Time 05/10/2024 4.00 110.00 440.00
Billable Time 05/14/2024 3.00 110.00 330.00
Billable Time 05/08/2024 4.00 110.00 440.00
Subtotal 42.00 4,620.00
Ziqian Yin
Assistant Planner
Labor total 68.00 9,820.00
Labor WIP Status: Billable
Date Units Rate Amount
Billing Cutoff: 06/30/2024
4: Housing Element

4.2 Public Review HE Phase Status: Active
Invoice Summary
Contract Billed % Remaining %
Labor 124,120.00 82,380.00 66 41,740.00 34
Expense
Consultant
Total 124,120.00 82,380.00 66 41,740.00 34
Ripon 6th Cycle Housing Element
Invoice Supporting Detail

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Attachment: De Novo Planning Group Invoice #4335 (4332 : De Novo Planning Group) INVOICE Page 1 of 2
Invoice Number 2255526
Invoice Date July 9, 2024
Customer Number 84626
Project Number 184030139
Net Due in 30 Days or in accordance with terms of the contract Bill To
City of Ripon, CA
Accounts Payable
259 N Wilma Avenue
Ripon CA 95366
United States
Please Remit To
Stantec Consulting Services Inc. (SCSI)
13980 Collections Center Drive
Chicago IL 60693
United States
Federal Tax ID
11-2167170
Project Description: RIPN03-002 - City of Ripon GW Monitoring Reporting Stantec Project Manager: Butler, Thomas W
Authorization No: Change Order No.10
Authorization Date: March 1, 2022
Authorization Amount: $11,450.00
Authorization Previously Billed: $2,104.00
Authorization Billed to Date: $4,208.00
Current Invoice Due: $2,104.00
For Period Ending: June 30, 2024
Reporting Cycle: 2024
2024 Q1-Q4: Included in Change Order #10
Email invoices to: Carla Rodriguez / [email protected] Work completed this period involved production of the 2nd quarter monitoring report.

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Attachment: Invoice 2255526_Stantec (4337 : Stantec Consulting Services, Inc.) INVOICE Page 2 of 2
Invoice Number 2255526
Project Number 184030139

Top Task 224 2024 Reporting
Low Task 224.002 2nd Quarter Report (2024)
Professional Services
Category/Employee Hours Rate Current
Amount
Butler, Thomas W 8.00 263.00 2,104.00

8.00 2,104.00
Professional Services Subtotal 8.00 2,104.00
Low Task 224.002 Subtotal 2,104.00
Top Task 224 Total 2,104.00
Total Fees & Disbursements $2,104.00
INVOICE TOTAL (USD) $2,104.00

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Attachment: Invoice 2255526_Stantec (4337 : Stantec Consulting Services, Inc.)

SAN JOAQUIN REGIONAL

TRANSIT DISTRICT
421 E Weber Avenue
Stockton, CA 95202
Phone (209) 948-5566
To: CITY OF RIPON
259 N. WILMA AVE.,
RIPON, CA 95366
ATTN: CARLA RODRIGUEZ
Trans Date Quantity Unit Cost Amount
7/18/2024 JUNE 2024 34.50 61.50 2,121.75
TAX 0.00
Total Due 2,121.75
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - Invoice Number: AR115052
Please make checks payable to: Customer Number: CITY OF RIPON Invoice Date: 7/18/2024
SAN JOAQUIN RTD Total Amount Due $ 2,121.75
421 E Weber Avenue
Stockton, CA 95202
Total Payment $ ____________________
Description

PLEASE RETURN THIS PORTION WITH YOUR PAYMENT

INVOICE
Invoice Number: AR115052
Customer Number: CITY OF RIPON
Invoice Date: 7/18/2024
Terms: Due upon receipt
Federal ID#: 94-1563999

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Attachment: Invoice AR115052_SJRTD (4338 : SJRTD)
BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52520
DATE 06/30/2024
DUE DATE 07/30/2024
TERMS Net 30

PROJECT
South County Water Project
3139-Ripon Water Lines

PERIOD DESCRIPTION QTY RATE AMOUNT
06/30/2024 Principal 9.50 225.00 2,137.50
06/30/2024 Senior
Environmental
Planner
10 180.00 1,800.00
06/30/2024 WP and
Graphics
5 125.00 625.00
06/30/2024 Environmental
Planning

4.50 145.00 652.50
06/30/2024 Copies B&W 146 0.15 21.90
06/30/2024 Copies Color 25 0.25 6.25
Services through the invoice date. Thank you. We
appreciate your business.

BALANCE DUE $5,243.15

1.2.E.a
Packet Pg. 54
Attachment: Invoice 52520_BaseCamp Environmental, Inc (4340 : BaseCamp Environmental, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52526
DATE 06/30/2024
DUE DATE 07/30/2024
TERMS Net 30

PROJECT
Electrical Vehicle (EV) Charging Station
3155

PERIOD DESCRIPTION QTY RATE AMOUNT
06/30/2024 Principal 10.75 225.00 2,418.75
06/30/2024 WP and
Graphics

0.50 125.00 62.50
06/30/2024 Assistant
Planner
9 145.00 1,305.00
06/30/2024 Environmental
Planning

20.50 145.00 2,972.50
06/30/2024 WP and
Graphics
2 125.00 250.00
06/30/2024 1 -
2,000.00
-2,000.00
Services through the invoice date. This invoice is
for preparation of the Initial Site Assessment. We
have applied a $2,000.00 courtesy credit .

Thank you. We appreciate your business.

BALANCE DUE $5,008.75

1.2.E.b
Packet Pg. 55
Attachment: Invoice 52526_BaseCamp Environmental, Inc. (4340 : BaseCamp Environmental, Inc.)

PRICE PAIGE & COMPANY
570 N. Magnolia Avenue, Suite 100
Clovis, CA 93611
Phone: (559) 299-9540
Email: [email protected] Website: www.ppc.cpa
Due Date: Due upon receipt
Client ID: RIPON
Certified Public Accountants
Fax: (559) 299-2344
Invoice Date: 06/30/24
Invoice: 33793
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Lisa Roos
3,330.00
For professional services rendered:

Work in progress on the June 30, 2024 audited financial statements.

Invoice Total $3,330.00
Please make checks payable to Price Paige & Company and record your invoice number on the check. A Finance Charge of 1.33% per month will be assessed on all unpaid invoices over 60 days.

1.2.F.a
Packet Pg. 56
Attachment: Price Paige (4345 : Price Paige & Company)

INVOICE
P.O. Box 747 DATE: June 30, 2024
Ripon, CA 95366 INVOICE # RIPON 2024Q2
Due: Upon receipt
Bill To:

City of Ripon
259 N Wilma Ave
Ripon, CA 95366
AMOUNT
$ 10,411.78
TOTAL $ 10,411.78
Make all checks payable to SSJGSA
or SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY

DESCRIPTION
SSJGSA expenses 04/01/2024 - 06/30/2024
City of Ripon Portion = 10% of $104,117.79

1.2.G.a
Packet Pg. 57
Attachment: 2024 Q2 SSJGSA (4346 : South San Joaquin Groundwater Sustainability Agency) General Ledger
Summary Trial Balance
User: [email protected]
Printed: 07/16/2024 - 10:09AM
Period: 04 to 06, 2024
Fund 60 SSJGSA

EXPENSE
Dept 010
60-010-6301-00 General Materials 0.00
60-010-6304-00 Postage 0.00
60-010-6401-00 Outside Services 3,200.00
60-010-6406-00 Legal Expense 26,555.00
60-010-6408-00 Consulting Fees 0.00
60-010-6412-00 Publication Costs 0.00
60-010-6413-00 Recording Fees 0.00
60-010-6414-00 Banking Fees 840.77
60-010-6550-00 Taxes, Licenses & Permits 0.00
60-010-6702-00 Membership Fees & Dues 45,303.00
60-010-6703-00 Travel Expenses 0.00
60-010-6704-00 Public Relations 0.00
60-010-6820-00 SSJID Expense Reimbursements 28,219.02
60-010 EXPENSE Totals: 104,117.79
GL-Summary Trial Balance (7/16/2024 - 10:09 AM)
SSJID 88,500.12 85%
CITY OF RIPON 10,411.78 10%
CITY OF ESCALON 5,205.89 5%
TOTAL 104,117.79

1.2.G.a
Packet Pg. 58
Attachment: 2024 Q2 SSJGSA (4346 : South San Joaquin Groundwater Sustainability Agency) Invoice
Date
7/25/2024
Invoice #
368
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
6/26/2024 THT 325.00 2.5 812.50
7/9/2024 THT 325.00 2.25 731.25
7/12/2024 THT 325.00 1 325.00
7/16/2024 THT 325.00 3.5 1,137.50
7/24/2024 THT 325.00 4.5 1,462.50
Calls, emails advising client advising re: PRA
request, further review of documents comprising
response to request.

Review and discuss agenda for City Council meeting;
briefly review with THT Jr, draft responses to
questions from council member.

Review all correspondence from contractor,
sub-contractors regarding substitution of contractor.

Review Grand Jury report; work on revisions to SIA,
discuss with client; review and advise re substitution
of sub-contractor.

Calls, emails to and from client re Prop 218 matter;
draft and incorporate suggested revisions; work on
code enforcement matter weed abatement issue;
review new lease amendment with Crown Castle,
emails and calls to and from client.

Conference call with client regarding Prop 218
assessment, including 2x2 committee members;
review Coluntuono memo and playback of video.

Neumiller & Beardslee's Invoice Number 349002
(Paid in full by The Law Office of Thomas H.

Terpstra).
7/25/2024 THT 325.00 2.25 731.25
$5,660.00
7/5/2024 460.00 460.00

1.2.H.a
Packet Pg. 59
Attachment: Terpstra Invoices_July (4347 : Law Office of Thomas H. Terpstra) Invoice
Date
7/25/2024
Invoice #
373
Bill To
City of Ripon - Police Dept.

Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
Neumiller & Beardslee's Invoice Number 349002
(Paid in full by The Law Office of Thomas H.

Terpstra).
7/5/2024 940.00 940.00
$940.00

1.2.H.a
Packet Pg. 60
Attachment: Terpstra Invoices_July (4347 : Law Office of Thomas H. Terpstra) Invoice
Date
7/25/2024
Invoice #
369
Bill To
City of Ripon - Meadowood - 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 #
1084-212
Total
Date Attorney Description Rate Hours Amount
Review email and proposed draft of reimbursement
agreement, discuss City’s approach to
reimbursement, work on response to draft letter.
7/9/2024 THT 425.00 2 850.00
$850.00

1.2.H.a
Packet Pg. 61
Attachment: Terpstra Invoices_July (4347 : Law Office of Thomas H. Terpstra) Invoice
Date
7/25/2024
Invoice #
370
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
Work on staff report-follow up on key issues,
environmental challenge from PURE and law firm
representing PURE, work on responses.
7/10/2024 THT 425.00 3 1,275.00
Draft revisions, portions of revised staff report,
discuss with client.
7/11/2024 THT 425.00 4 1,700.00
Further review and work on response to PRA from
unions.
7/17/2024 THT 425.00 1.7 722.50
$3,697.50

1.2.H.a
Packet Pg. 62
Attachment: Terpstra Invoices_July (4347 : Law Office of Thomas H. Terpstra)

1.2.I.a
Packet Pg. 63
Attachment: Invoice 63684_Harris & Associates (4348 : Harris & Associates) Ripon Consolidated Fire District
142 S. Stockton Ave.

Ripon, CA 95366
Bill To
City of Ripon
259 N. Wilma Ave.

Ripon, Ca. 95366
Half of the Mailing cost for 218 ballot measure
Description
Please remit to Ripon Consolidated Fire District. Thank you Invoice
Date Invoice#
7/22/2024 423
Amount
3,984.08
Total $3,984.08
Total mailing cost: $7,968.15
50%: $3,984.08

1.2.J.a
Packet Pg. 64
Attachment: RCFD Invoice 423 (4349 : Ripon Consolidated Fire District)

1.2.J.a
Packet Pg. 65
Attachment: RCFD Invoice 423 (4349 : Ripon Consolidated Fire District)

1.2.J.a
Packet Pg. 66
Attachment: RCFD Invoice 423 (4349 : Ripon Consolidated Fire District) PC

CONSULTING

PATRICK CLARK CONSULTING
428 J Street, 4th Floor
Sacramento, CA 95814
Phone 916-838-2806

BILLING INVOICE
_________________________________________________________________ To City Administrator Date 7/14/24
City of Ripon Invoice # 240706
259 N. Wilma Avenue
Ripon, CA 95366 Due: Net 30
Re City of Ripon
Period 6/1/24 to 6/30/24
_________________________________________________________________ Fees: $2,500.00
Expenses: $0
SubTotal: $2,500.00
Amount due: $2,500.00
MAKE ALL CHECKS PAYABLE TO: PATRICK CLARK CONSULTING.

THANK YOU FOR YOUR BUSINESS!!!

1.2.K.a
Packet Pg. 67
Attachment: Patrick Clark Invoice #240706 (4350 : Patrick Clark Consulting)

DETAILS
Date Hours
_________________________________________________________________________ June 10h
_________________________________________________________________________ 6/12/24 4h
Negotiations POA & RSA, travel.
_________________________________________________________________________ 6/21/24 5h
Negotiations RPOA/RSA, in person, travel.
_________________________________________________________________________ 6/25/24 15m
Miscellaneous Correspondence/scheduling.
_________________________________________________________________________ 6/28/24 30m
Miscellaneous Correspondence / telephone calls.
_________________________________________________________________________ 6/30/24 15m
Miscellaneous Correspondence / telephone calls.
_________________________________________________________________________ _________________________________________________________________________ Totals 10h
$2,500.00

1.2.K.a
Packet Pg. 68
Attachment: Patrick Clark Invoice #240706 (4350 : Patrick Clark Consulting) PC

CONSULTING

PATRICK CLARK CONSULTING
428 J Street, 4th Floor
Sacramento, CA 95814
Phone 916-838-2806

BILLING INVOICE
_________________________________________________________________ To City Administrator Date 8/4/24
City of Ripon Invoice # 240806
259 N. Wilma Avenue
Ripon, CA 95366 Due: Net 30
Re City of Ripon
Period 7/1/24 to 7/31/24
_________________________________________________________________ Fees: $875.00
Expenses: $0
SubTotal: $875.00
Amount due: $875.00
MAKE ALL CHECKS PAYABLE TO: PATRICK CLARK CONSULTING.

THANK YOU FOR YOUR BUSINESS!!!

1.2.K.b
Packet Pg. 69
Attachment: Patrick Clark Invoice #240806 (4350 : Patrick Clark Consulting)

DETAILS
Date Hours
_________________________________________________________________________ July 3h 30m
_________________________________________________________________________ 7/11/24 1h 30m
Zoom me gotiations RPOA/RSA.
_________________________________________________________________________ 7/12/24 1h
Telephone call City manager, telephone calls, RPOA representative, document preparation, miscellaneous correspondence.
_________________________________________________________________________ 7/15/24 30m
Document finalization, miscellaneous correspondence/telephone calls. _________________________________________________________________________ 7/18/24 15m
Miscellaneous correspondence, telephone calls.
_________________________________________________________________________ 7/19/24 15m
Document review, miscellaneous correspondence.
_________________________________________________________________________ _________________________________________________________________________ Totals 3h 30m
$875.00

1.2.K.b
Packet Pg. 70
Attachment: Patrick Clark Invoice #240806 (4350 : Patrick Clark Consulting) John Andoh
1500 Crossing Place, Apt 415, Austin, TX 78741
(209) 321-1334
Carla Rodreqiguez
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Date Description Hours Hourly Rate Subtotal
5/31/2024 May 2024 FY 23/24 Transit Assistance 30.00 $ 50.00 $ 1,500.00 6/30/2024 June 2024 FY 23/24 Transit Assistance 15.00 $ 50.00 $ 750.00 Subtotal $2,250.00
TOTAL DUE $2,250.00
Activities conducted in May:

Activities conducted in June:

Worked on Caltrans FTA 5311, 5339 grant applications.

Updated FTA required docuements for FTA 5311 and 5339
grant applications.

Responded to emails
Updated FTA required docuements for FTA 5311 Program
Participated in meeting with Cal ITP to update GTFS for National Transit Database
Drafted staff report for City Council on FTA funding
Responded to emails
7/1/2024
INVOICE 24-01
Customer

1.2.L.a
Packet Pg. 71
Attachment: Invoice 24-01_John Andoh (4357 : John Andoh) CONTRACTOR: American Pavement Systems
PROJECT: South of Main Street Resurfacing Project
PROJECT DESCRIPTION:

INVOICE NO: 1
DATE: 6/30/2024
ORIGINAL CONTRACT AMOUNT: $1,576,800.00 PREVIOUSLY BILLED AMOUNT: $0.00 LESS RETENTION: $0.00
APPROVED CONTRACT CHANGES: $0.00 PREVIOUSLY PAID AMOUNT: $0.00 CURRENT INVOICED AMOUNT: $236,564.50
LESS RETENTION: $11,828.23
TOTAL CONTRACT AMOUNT: $1,576,800.00 CURRENT AMOUNT DUE: $224,736.27 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $236,564.50 LESS RETENTION: $11,828.23
TOTAL PAID TO DATE: $224,736.27

INVOICE SUMMARY
Remaining Contract Amount: $1,340,235.50
Approx. % Complete: 15%

INVOICE SUMMARY
The project includes the resurfacing of various streets near Vera Avenue, Fourth Street, 7th Street, and Robert Avenue. The project spans approximately 7.7 center line miles and covers 162,500 square yards of asphalt which will be resurfaced through various combinations of asphalt rubber cape seals, class II slurry seals and micro seals. Also included are dig out and repair sections, striping removal and restoration, and concrete work.

CONTRACT INFORMATION BILLING INFORMATION
Work completed includes mobilization, demolition of asphalt and concrete, crackfilling, removal of pavement markings, construction signage, storm water pollution control plan, and installation of a driveway ramp.

1.2.M.a
Packet Pg. 72
Attachment: Invoice 1_American Pavement Systems (4359 : American Pavement Systems, Inc.)

I T E M I Z E D I N V O I C E
NAME : CITY OF RIPON BILLING DATE : 07/17/2024
ADDRESS : 259 NORTH WILMA AVENUE INVOICE NO. : 22-041-1 CITY : RIPON, CA 95366 JOB NO. : 22-041
JOB NAME/LOCATION: GENERAL LAND SURVEYING SERVICES
***************************************************************************************************************************

DESCRIPTION OF SERVICE AMOUNT
***************************************************************************************************************************

SECOND STREET & LOCUST AVENUE TOPOGRAPHY
PROJECT RESOURCE COORDINATION $ 148.75
RESEARCH 63.75
SITE MEETING 191.25
FIELD WORK – CONTROL, TOPOGRAPHY,
LOCATE UTILITY MARKS & POT-HOLE SURFACES 5,580.00
DRAFTING - TOPOGRAPHY PLAT DRAFTING 4,143.75
___________________________________________________________________________________ INVOICE TOTAL..................................................................................................................$10,127.50

THIS INVOICE IS DUE AND PAYABLE UPON RECEIPT
THANK YOU!
1121 OAKDALE ROAD, SUITE 6
MODESTO, CA 95355
PHONE: (209) 526-9724 FAX: (209) 526-0472

1.2.N.a
Packet Pg. 73
Attachment: Invoice 22-041-1_Aspen Survey Company, Inc (4361 : Aspen Survey Company, Inc.)

I T E M I Z E D I N V O I C E
NAME : CITY OF RIPON BILLING DATE : 07/24/2024
ADDRESS : 259 NORTH WILMA AVENUE INVOICE NO. : 24-035-1 CITY : RIPON, CA 95366 JOB NO. : 24-035
JOB NAME/LOCATION: GENERAL LAND SURVEYING SERVICES
***************************************************************************************************************************

DESCRIPTION OF SERVICE AMOUNT
***************************************************************************************************************************

RIPON BRIDGE
PROJECT RESOURCE COORDINATION $ 65.00
FIELD WORK - OBTAIN BRIDGE MEASUREMENTS 620.00
DRAFTING – MEASUREMENT SKETCH 106.25
___________________________________________________________________________________ INVOICE TOTAL...................................................................................................................$ 791.25

THIS INVOICE IS DUE AND PAYABLE UPON RECEIPT
THANK YOU!
1121 OAKDALE ROAD, SUITE 6
MODESTO, CA 95355
PHONE: (209) 526-9724 FAX: (209) 526-0472

1.2.N.b
Packet Pg. 74
Attachment: Invoice 24-035-1_Aspen Survey Company (4361 : Aspen Survey Company, Inc.) Invoice Summary
Description Amount
Trash Implementation Plan $2,095.00
Description Total Budget Remaining
Budget ($)
Total Billed ($) Prior Billing ($) This Invoice
($)
Trash Implementation Plan $19,500.00 $8,601.80 $10,898.20 $8,803.20 $2,095.00 BUDGET TOTALS $19,500.00 $8,601.80 $10,898.20 $8,803.20 $2,095.00 TOTAL AMOUNT DUE $2,095.00
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 8/1/24
Due Date: 8/31/24
Total Amount: $2,095.00
Number: 02437
Invoice Period: 07/01/24 - 07/31/24
Terms: Net 30
Project Code: 045
WalletLink Pay Invoice

1.2.O.a
Packet Pg. 75
Attachment: 2024.08.01 Invoice (4364 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Professional Fees
Aleida
Hernan
dez
7/22/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Ripon Forms, Update Table 1 and
Appendix B.

0.50 $85.00 $42.50
Aleida
Hernan
dez
7/17/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Ripon Appendix B 1.00 $85.00 $85.00
Aleida
Hernan
dez
7/16/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Ripon - LID BMP Spreadsheet 0.50 $85.00 $42.50
Aleida
Hernan
dez
7/16/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Ripon - Data Table 1.00 $85.00 $85.00
Administration Assistance - Billable 3.00 $255.00
Emma
Wisler
7/23/2
4 Technical
Professional
Services I
Trash
Implementation Plan
-google earth 0.50 $165.0
0 $82.50
Technical Professional Services I 0.50 $82.50
Colleen
Hunt
7/22/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Draft plan - QA/QC data entry and
assessment forms.

2.50 $185.0
0 $462.50
Colleen
Hunt
7/15/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Draft plan. 4.00 $185.0
0 $740.00
Colleen
Hunt
7/12/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Draft Trash Implementation Plan,
internal communication on tasks.

3.00 $185.0
0 $555.00
Technical Professional Services II 9.50 $1,757.
50 Professional Fees 13.00 $2,095.
00 Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 8/1/24
Due Date: 8/31/24
Total Amount: $2,095.00
Number: 02437
Invoice Period: 07/01/24 - 07/31/24
Terms: Net 30
Project Code: 045
WalletLink

1.2.O.a
Packet Pg. 76
Attachment: 2024.08.01 Invoice (4364 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
TOTAL FEES/EXPENSES -- $2,095.
00 Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 8/1/24
Due Date: 8/31/24
Total Amount: $2,095.00
Number: 02437
Invoice Period: 07/01/24 - 07/31/24
Terms: Net 30
Project Code: 045
WalletLink

1.2.O.a
Packet Pg. 77
Attachment: 2024.08.01 Invoice (4364 : Stone Creek Environmental Consulting)

1.2.P.a
Packet Pg. 78
Attachment: Invoice 34-622-03-20_LDA (4365 : LDA)
Invoice
Date
8/2/2024
Invoice #
701742
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
DashGIS DashGIS© 12-Month Subscription (@ $495/Month)
Contract Subscription Dates: 7/1/2024 - 6/30/2025
12 495.00 5,940.00
$5,940.00
$5,940.00
$0.00

1.2.Q.a
Packet Pg. 79
Attachment: California CAD Solutions Invoice (4367 : California CAD Solutions, Inc.)

INVOICE
DATE
7/19/2024
INVOICE NO.
30331

INVOICE TO
City of Ripon
259 N. Wilma Ave.

Ripon, CA 95366
Attn: Christina Giedd

SITE ADDRESS
259 N. Wilma Ave.

Ripon, CA
TERMS
Net 30

PROJECT
783.PRI
P.O. NO.

Total
WGR Southwest, Inc.
11021 Winners Circle, Suite 101 · Los Alamitos, CA 90720 · 562.799.8510 Credit card payments accepted online at https://secure.wgr-sw.com/payments.html

SERVICED DESCRIPTION QTY RATE AMOUNT
Performed second review of post construction standards for Townplace Suites by Marriott
1 425.00 425.00
$425.00

1.2.R.a
Packet Pg. 80
Attachment: Invoice 30331_WGR (4371 : WGR Southwest, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/13/2024
Subject: Enterprise Fund and Landscape Maintenance District transfers RECOMMENDED ACTION:

Approve this resolution for the 2023-24 fiscal year that authorizes transfers from (1) Enterprise Operating Funds to Enterprise Capital Reserve Funds, (2) General Fund to Landscape Maintenance Districts with deficits, (3) General Fund to CNG Station Capital Reserve Fund, and (4) General Fund to CalPERS Contingency Fund (funds invested in a Section 115 Trust).

BACKGROUND:

At the end of each fiscal year, transfers are analyzed from (1) Enterprise Operating Funds to Enterprise Capital Reserve Funds, (2) General Fund to Landscape Maintenance Districts with deficits, (3) General Fund to CNG Station Capital Reserve Fund, and (4) General Fund to the CalPERS Contingency Fund (funds invested in a Section 115 Trust).

DISCUSSION/ANALYSIS:

Enterprise Funds to Enterprise Capital Reserve Funds
The Enterprise Fund Rates and Cash Flow Study prepared by Municipal Financial Services established Enterprise Fund customer rates that provide the needed revenue to fund the annual operations of the service and the required annual transfer to fund the future replacement of capital items.

At the end of the fiscal year, each Enterprise Fund’s operating cash flow is evaluated and available funds are transferred to the appropriate Enterprise Capital Fund, as long as the enterprise operating fund minimum balance is maintained. The following table summarizes the fiscal year 2023-24 cash flow and recommended transfer to each Enterprise Capital Fund.

1.3.B
Packet Pg. 81
Table 1
FY 2023-24
Fund Beginning
Balance Income Expenses Balance Prior to Transfer Transfers Ending
Balance
Water Operating $926,514 $3,853,2971
($2,811,573) $1,968,238 ($1,041,724) $926,514
Sewer Operating $697,426 $2,101,216 ($1,374,863) $1,423,779 ($726,353) 2 $697,426
Garbage Operating $211,230 $2,650,585 ($2,488,899) $372,916 ($161,686) 3 $211,230
Water Enterprise
Capital $7,320,875 $367,045 ($823,042) $6,864,878 $1,041,724 $7,906,602 Sewer Enterprise
Capital $1,548,837 $28,485 ($787,988) $789,334 $365,286 $1,154,620 Sewer WWTP
Reserve $1,497,635 $38,005 $0 $1,535,640 $361,067 $1,896,707 Garbage
Enterprise Capital $868,700 $97,041 ($216) $965,525 $161,686 $1,127,211 Storm Drain
Enterprise Capital $341,600 $4,103 ($353,149) ($7,446) $0 ($7,446)

1. Water Operating and Water Enterprise Capital Funds income include transfer of water meter surcharge fee collected during the fiscal year of $192,669.

2. Sewer projected transfer is $365,286 for Capital Repair and Replacement and $361,067 for WWTP Reserve.

3. Transfer target per MFS study is $280,000, but we only transferred $161,686 because operating expenses were increased due to regulatory requirements. This will be evaluated prior to next year’s rate increase.

Each of these capital reserve funds are under the minimum balance required for future capital replacement needs.

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

Table 2
FY 2023-24
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
Dutch Meadows $ 0 $4,540 ($13,818) ($9,278) $9,278 $ 0
Country Woods $ 0 $7,809 ($18,227) ($10,418) $10,418 $ 0 Farmland Estates $ 0 $3,350 ($9,046) ($5,696) $5,696 $ 0 Jacob’s Landing $22,055 $5,701 ($7,400) $20,356 $20,356 Carolina’s $28,421 $14,500 ($14,221) $28,700 $28,700
Boesch/Kingery $15,778 $6,060 ($14,643) $7,195 $7,195
Main Street $ 0 $10,481 ($48,853) ($38,372) $38,372 $ 0 Cornerstone I $85,196 $14,079 ($15,010) $84,265 $84,265 The Vineyards $142,452 $64,938 ($45,326) $162,064 $162,064 Alexandra Place $ 0 $5,397 ($6,883) ($1,486) $1,486 $ 0 Lighting District $43,514 $335,394 ($292,312) $86,596 $86,596

1.3.B
Packet Pg. 82
General Fund to CNG Station Capital Reserve Fund
Each year we evaluate the rate at which CNG is sold at the fueling station on Doak Boulevard to ensure operating costs are recovered plus funds necessary to replace capital items in the future are reserved. At the end of the fiscal year, the CNG station cash flow is evaluated and available funds are transferred to the CNG Station Capital Reserve Fund.

Table 3
FY 2023-24
Fund Beginning
Balance Income Expenses
Balance
Prior to
Transfer
Transfers Ending
Balance
CNG Operating Activity $ 0 $195,992 ($144,427) $51,565 ($51,565) $ 0 CNG Station Capital Reserve $216,448 $5,493 $0 $221,941 $51,565 $273,506 After the proposed transfer above is made, the CNG Station capital reserve fund is under the minimum balance required for future capital replacement.

General Fund to CalPERS Contingency Fund (invested in a Section 115 Trust with PARS).

In 2020, Redevelopment bonds were refinanced, creating additional property tax income of $832,823 that will be distributed to the General Fund for fiscal years 2021-2022 to 2026-2027, as shown in the table below.

Table 4
Fiscal Year Savings
2021-2022 $157,569
2022-2023 $161,861
2023-2024 $161,805
2024-2025 $162,117
2025-2026 $136,064
2026-2027 $53,407
Total Savings $832,823
At the March 2022 Strategic Planning meeting, City Council directed this savings to be used to mitigate the City’s unfunded liability related to the City’s sworn police officer’s CalPERS defined benefit retirement. As of the June 30, 2022 CalPERS Valuation Report, the City’s CalPERS unfunded liability is $6,549,253.

For Fiscal Year 2023-24, $161,805 will be transferred to the Section 115 Trust, which is dedicated to prefund employer contributions and unfunded liabilities related to the CalPERS defined benefit pension system, which is offered to City sworn police officers. In September 2022, the City Council approved Resolution 22-39 adopting investment guidelines for this Section 115 Trust. In addition to the investment guidelines, this resolution states that these funds can be used to pay CalPERS expenses when there is a deficit in the City’s General Fund with City Council concurrence, or as directed by the City Council.

1.3.B
Packet Pg. 83
RESOLUTION NO. 24-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING THE TRANSFER OF CERTAIN

MUNICIPAL FUNDS
WHEREAS, the City Council of the City of Ripon is desirous of transferring certain funds to capital reserve funds as hereinafter set forth; and
WHEREAS, it is necessary that the balance of certain funds as hereinafter indicated, be adjusted and certain transfers made in order to properly reflect the correct balance of said funds for the period from July 1, 2023 through June 30, 2024; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following transfers of the City of Ripon be and the same are hereby authorized and approved by the City Council of the City of Ripon as hereinafter specifically set forth:

1. The transfer of $1,041,723.73 from the Water Fund of the City of Ripon to the Capital Reserve Fund of the Water Department of the City of Ripon.

2. The transfer of $192,668.94 from the Water Fund of the City of Ripon to the Capital Reserve Fund of the Water Department of the City of Ripon, for the current year’s collection of water meter surcharge.

3. The transfer of $365,285.73 from the Sewer Fund of the City of Ripon to the Capital Reserve Funds of the Sewer Department of the City of Ripon.

4. The transfer of $361,066.94 from the Sewer Fund of the City of Ripon to the Wastewater Treatment Plant Contingency Fund of the Sewer Department of the City of Ripon.

5. The transfer of $161,686.22 from the Refuse Fund of the City of Ripon to the Capital Reserve Funds of the Refuse Department of the City of Ripon.

6. The transfer of $9,278.72 from the General Fund of the City of Ripon to the Dutch Meadows Landscaping Assessment District Fund for the deficit balance of this Fund.

7. The transfer of $10,418.22 from the General Fund of the City of Ripon to the Country Woods Landscaping Assessment District Fund for the deficit balance of the Fund.

8. The transfer of $5,695.50 from the General Fund of the City of Ripon to the Farmland Estates Landscaping Assessment District Fund for the deficit balance of this Fund.

9. The transfer of $38,372.24 from the General Fund of the City of Ripon to the Main Street Landscaping Assessment District Fund for the deficit balance of this Fund.

10. The transfer of $1,485.95 from the General Fund of the City of Ripon to the Alexandra Landscaping Assessment District Fund for the deficit balance of this Fund.

11. The transfer of $51,565.33 from the General Fund of the City of Ripon to the CNG Station Capital Reserve Fund for net income of the CNG Station during this fiscal year.

12. The transfer of $161,805.43 from the General Fund of the City of Ripon to the CalPERS Contingency Fund for the savings due to the refinancing of the Redevelopment Bonds.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of August, 2024, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.B
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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/13/2024
Subject: Street & Road Funds transfers
RECOMMENDED ACTION:

Approve this resolution for the fiscal year 2023-2024 transfer of certain municipal funds for street and road maintenance and repairs.

BACKGROUND:

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

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

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

At the end of the fiscal year, staff analyzes the Street & Roads Operating Fund activity and transfers dollars from the individual revenue funds to the Street & Roads Operating Fund to cover the annual net expenditures (after grants, interest, and other reimbursements are accounted for).

At the March 2023 Strategic Planning meeting, the City Council established a policy to transfer 50% of the net of the annual street and road operating income and expenses (not including grants, reserve transfers, or expense of capital projects) to the Street & Road Reconstruction Fund for future road reconstruction projects.

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DISCUSSION/ANALYSIS:

Table 1 summarizes the fiscal year 2023-2024 cash flow, recommended transfers, and ending balances for the Street and Road funds.

Table 1
FY 2022-23
Fund Beginning
Balance
Operating
Income
Operating
Expenses
Capital
Expense
Balance
Prior to
Transfer
Transfers Ending
Balance
Street & Roads Operating $ 0 $40,137 ($638,239) ($395,166) ($993,268) $993,268 $ 0 COG/LTF $10,085 $1,596,187 $0 $0 $1,606,272 ($1,557,711) $48,561 Measure K $3,266,632 $459,431 $0 $0 $3,726,063 ($175,327) $3,550,736 SB 1 Tax $532,005 $419,942 $0 $0 $951,947 ($770) $951,177 Highway User Taxes1
$746,114 $459,848 $0 $0 $1,205,962 ($408,045) $797,917
Street & Road Reserve $2,915,287 $53,026 $0 $0 $2,968,313 $2,968,313 Street & Road
Reconstruction Fund $546,643 $9,943 $0 $0 $556,586 $1,148,585 $1,705,171 TOTALS $8,016,766 $3,038,514 ($638,239) ($395,166) $10,021,875 $ 0 $10,021,875

1. Summary of five Highway User Tax sources.

For fiscal year 2023-2024, there is recommended a total of $2,141,853 to be transferred from certain street and road revenue sources to the Street & Roads Operating Fund ($993,268) to cover the fiscal year 2023-24 expenditures and the Street & Road Reconstruction Fund ($1,148,585) according to City Council policy, as shown in the above table.

Table 2 summarizes the Fiscal Year 2023-2024 expenditures of $1,033,405 that were applied against the Street & Roads Operating Fund.

Table 2
FY 2023-
2024
FY 2022-
2023
Description
Public Works – Street &
Roads Maintenance
$254,146 $302,096 Pothole repair, replace signs, striping, crack sealing (see attached map).

Public Works – Landscape
Maintenance
$353,624 $325,316 Maintain landscaping in areas not included in Landscape Districts.

Capital Projects1 $395,165 $359,087
Administration $25,728 $25,617 Prepare necessary claims and audits Engineering $4,742 $3,863 Prepare engineering reports, studies, and grant applications.
$1,033,405 $1,015,979

1. Capital Projects for Fiscal Year 2023-2024 include Stockton Avenue Rehab Phase 2 ($259,032), Lower Stanislaus River Multi-Use Trail ($14,598); design of South of Main Project ($28,753); Utility Maintenance Asphalt Project ($5,424) and Roadway Striping ($87,358). Capital Projects for Fiscal Year 2022-2023 include Stockton Avenue Rehab Phase 2 ($291,134), Lower Stanislaus River Multi-Use Trail ($10,098); design of South of Main Cape Seal ($31,305); and Utility Maintenance Asphalt Project ($26,550).

Attachments:

1. Street & Road Maintenance FY 2023-24

1.3.C
Packet Pg. 87
RESOLUTION NO. 24-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING THE TRANSFER OF CERTAIN

MUNICIPAL FUNDS FOR STREET MAINTENANCE AND

REPAIRS
WHEREAS, it is necessary that the balance of certain funds as hereinafter indicated, be adjusted and certain transfers made in order to properly reflect the correct balance of said funds for the period from July 1, 2023 through June 30, 2024; and WHEREAS, the City Council is desirous of setting aside 50% of each fiscal year’s surplus of Street and Roads’ long term operating revenue less operating expenditures for Street and Road reconstruction projects.

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

1. The sum of $770.95 of SB1 Street and Road Tax funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2023 through June 30, 2024, for SB1 Projects.

2. The sum of $147,315.37 of Highway User Tax Section 2103 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2023 through June 30, 2024, for street maintenance.

3. The sum of $98,128.28 of Highway User Tax Section 2105 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2023 through June 30, 2024, for street maintenance.

4. The sum of $158,528.42 of Highway User Tax Section 2106 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2023 through June 30, 2024, for street maintenance.

5. The sum of $4,072.76 of Highway User Tax Section 2107.5 funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2023 through June 30, 2024, for street maintenance.

6. The sum of $175,326.77 of Measure K funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2023 through June 30, 2024, for street maintenance.

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7. The sum of $1,557,711.07 of COG/LTF funds is ordered transferred to the Street & Roads Operating Fund for expenditures incurred from July 1, 2023 through June 30, 2024, for street maintenance.

8. The sum of $1,148,585.57 Street & Roads Operating funds is ordered transferred to the Street & Roads Reconstruction Fund for future street and road reconstruction projects.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of August, 2024, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

1.3.C
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1.3.C.a
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Attachment: Street & Road Maintenance FY 2023-24 (24-32 : Street & Road Funds transfers) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 08/13/2024
Subject: CTE Cal, Inc.

RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with CTE Cal, Inc. to provide construction material testing and special inspection services for capital projects in the not to exceed amount of $30,000 (funding source: varies by construction project funding source).

DISCUSSION/ANALYSIS:

To support City staff in providing specialty testing services outside staff’s capacity for various capital projects, staff has requested a scope and fee from CTE Cal, Inc. The services agreement will include soil compaction, rock compaction, asphalt/concrete material and compaction on an as needed basis for capital projects.

CTE Cal, Inc. has over 20 years of special inspection and construction testing experience on both private and public projects. CTE Cal, Inc. has an office located in Modesto and has completed similar projects for the San Joaquin County Public Works Department.

Staff recommends the City Council approve the attached Professional Services Agreement with CTE Cal, Inc. in the not to exceed amount of $30,000.

FISCAL IMPACT:

The cost to complete the work within the proposal is a not to exceed amount of $30,000, which will be funded through the funding source of the project that the testing and inspection is being provided.

Attachments:

1. Services Agreement_CTE Cal Inc

2. Exhibit A_CTE Cal, Inc. Proposal

1.4.A
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Professional Services Agreement - Page 1 of 7
On-Call Special Inspections & Materials Testing Services CTE Cal, Inc.

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
CTE CAL, INC.

This Agreement for Professional Services (“Agreement”) is entered into on, August 13, 2024 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and CTE Cal, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).

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

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

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

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

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Thirty Thousand Dollars ($30,000) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

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

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

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

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Attachment: Services Agreement_CTE Cal Inc (4362 : CTE Cal, Inc.) Professional Services Agreement - Page 2 of 7
On-Call Special Inspections & Materials Testing Services CTE Cal, Inc.

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

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

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

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

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

3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

3.5 All Policies Requirements.

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

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Attachment: Services Agreement_CTE Cal Inc (4362 : CTE Cal, Inc.) Professional Services Agreement - Page 3 of 7
On-Call Special Inspections & Materials Testing Services CTE Cal, Inc.

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

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

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

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

Section 5. STATUS OF CONSULTANT.

5.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent Contractor and shall not be an employee of City.

Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

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

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

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

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Attachment: Services Agreement_CTE Cal Inc (4362 : CTE Cal, Inc.) Professional Services Agreement - Page 4 of 7
On-Call Special Inspections & Materials Testing Services CTE Cal, Inc.

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

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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

1.4.A.a
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Attachment: Services Agreement_CTE Cal Inc (4362 : CTE Cal, Inc.) Professional Services Agreement - Page 5 of 7
On-Call Special Inspections & Materials Testing Services CTE Cal, Inc.
budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

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

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

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party").

The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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Attachment: Services Agreement_CTE Cal Inc (4362 : CTE Cal, Inc.) Professional Services Agreement - Page 6 of 7
On-Call Special Inspections & Materials Testing Services CTE Cal, Inc.

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

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

9.6 Notices.

Any written notice to Consultant shall be sent to:

Ted Fischer
Operations Manager
CTE Cal, Inc.
4230 Kiernan Avenue, Suite 150
Modesto, CA 95356
Any written notice to the City shall be sent to:

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

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

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

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

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

1.4.A.a
Packet Pg. 97
Attachment: Services Agreement_CTE Cal Inc (4362 : CTE Cal, Inc.) Professional Services Agreement - Page 7 of 7
On-Call Special Inspections & Materials Testing Services CTE Cal, Inc.

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

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

CITY OF RIPON CONSULTANT
Leo Zuber, Mayor Ted Fischer, Operations Manager

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

1.4.A.a
Packet Pg. 98
Attachment: Services Agreement_CTE Cal Inc (4362 : CTE Cal, Inc.) F R E M O N T • M O D E S T O •S A C R A M E N T O
INSPECTION & TESTING • GEOTECHNICAL• ENVIRONMENTAL• CONSTRUCTION ENGINEERING

FREMONT MODESTO SACRAMENTO
46716 FREMONT BLVD. 4320 KIERNAN AVE STE 150 3628 MADISON AVE STE 22 FREMONT, CA 94538 MODESTO, CA 95356 NORTH HIGHLANDS, CA 95660 PH: (510) 573-6362 PH: (209) 543-1799 PH: (916) 331-6030 [email protected] FAX: (209) 543-1775 FAX: (916) 331-6037 July 19, 2024
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attn: Christiana Giedd, PE – Senior Civil Engineer
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Subject: Proposal for On-Call Construction Materials Testing Services Dear Christiana:

CTE Cal, Inc. is pleased to submit our proposal for material testing and special inspection services. CTE Cal has reviewed the request, understands it contents, and is fully capable of providing the Scope of Services as described in our response.

CTE Cal, Inc.’s construction testing services will be administered from our full-service material testing laboratories. We are certified by the U.S. Navy, U.S. Army Corps of Engineers, the National Bureau of Standards (CCRL & AMRL) and the Division of the State Architect (DSA). All of our Testing and Inspection procedures are supervised by a staff of experienced professionals, which includes registered Civil & Geotechnical Engineers and ACI, ACIA, AWS, ASNT and ICC certified inspectors.

We will demonstrate the following:

1. Our firm has extensive Materials Testing, Special Inspection, and Soils Testing and Grading Observation experience that is suited towards Ripon’s diverse needs.

2. Our staff has the knowledge, experience, and leadership capabilities that are needed to manage multiple projects concurrently while maintaining continuity of service.

3. Our work plan allows us to provide quality service at competitive rates while meeting the City’s schedule.

Based on our qualifications and strong commitment to special inspection and materials testing, CTE Cal will provide our services in a professional, timely, and cost-effective manner. Thank you for the opportunity to submit our proposal.

Respectfully Submitted,
CTE CAL, INC.

ROBERT MOORE, RCE

PRESIDENT

EXHIBIT A

1.4.A.b
Packet Pg. 99
Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) F R E M O N T • M O D E S T O •S A C R A M E N T O
INSPECTION & TESTING • GEOTECHNICAL• ENVIRONMENTAL• CONSTRUCTION ENGINEERING

FREMONT MODESTO SACRAMENTO
46716 FREMONT BLVD. 4320 KIERNAN AVE STE 150 3628 MADISON AVE STE 22 FREMONT, CA 94538 MODESTO, CA 95356 NORTH HIGHLANDS, CA 95660 PH: (510) 573-6362 PH: (209) 543-1799 PH: (916) 331-6030 [email protected] FAX: (209) 543-1775 FAX: (916) 331-6037

TABLE OF CONTENTS
SECTION 1 .....................................................COMPANY PROFILE SECTION 2 .................................................................. STAFFING SECTION 3 ........................................................... FEE SCHEDULE SECTION 4 .............................. PROJECT EXPERIENCE/REFERENCES

1.4.A.b
Packet Pg. 100 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________

COMPANY PROFILE
CTE CAL Inc. formerly Construction Testing and Engineering, Inc. (CTE) opened its doors in Southern California in 1989. In 1992 CTE expanded its service areas by opening up operations in Northern California. Over the 28 years in business, CTE grew to become a large, multi-state multi-disciplined engineering company employing more than 200 professionals. From offices located throughout California and Nevada the firm has provided geotechnical and environmental engineering services, as well as construction inspection and materials testing services to the development and construction communities.

In 2009, CTE broke off its Northern California branches to become CTE Cal, Inc. (CTE CAL) to provide Northern California clients with local management and ownership. CTE Cal is registered as a Small Business enterprise with the California Department of General Services (DGS). Since 2009, CTE CAL, from its three Northern California offices (Fremont, Sacramento, and Modesto), has grown to more than 50 engineers, geologists, and construction inspectors providing exceptional, economical engineering services. Along the way, CTE Cal has developed strong ties within our communities, participated in philanthropically related endeavors, and provided charitable donations of time and money to those in need. Any questions regarding this RFP can be directed to our designated contact Ted Fischer, whom can be reached at [email protected] or 209.747.6789.

CTE Cal’s commitment to provide the highest quality technical expertise is evidenced by its experienced engineering and inspection staff, its in-house training program, and the numerous certifications and accreditations it has obtained. CTE Cal is fully certified and accredited by all federal, state, and local regulatory agencies in California who certify Construction Quality Assurance Inspection Agencies and we possess the ability to successfully furnish the services required in this RFP.

SERVICES
Locally owned and operated as a small business, CTE Cal today offers a full spectrum of design and construction related engineering services to developers, owners, and architects in Northern California. CTE Cal has local offices in Sacramento, Stanislaus, and Alameda Counties, and is purposely diversified in its technical abilities to provide project owners with a single source firm for numerous project design and construction requirements. This approach to serving clients lessens the burden on an owner to identify appropriately qualified and experienced firms for their project, promotes a smooth transition from one phase of a project to another, and benefits the owner by readily having at his disposal a collective staff of well-trained, experienced, and diversified engineers and specialists.

GEOTECHNICAL AND GEOLOGICAL ENGINEERING SERVICES
CTE Cal’s Geotechnical Engineers and Certified Engineering Geologists work closely with project owners and architects and have performed preliminary and update geotechnical investigations and fault hazard assessments, deep foundation design, site specific seismic response, ground modification, slope stability analyses, and grading control on well over one thousand projects. These have included airports, Air Force Bases, high-rise and mid-rise office buildings, apartments, casinos, universities, and various K-12 school projects, residential developments, industrial parks, and earth and rock fill dams as well as countless US Navy, US Army Corps, Federal Highway, State, City, Municipal, and Utility projects. 1 1.4.A.b
Packet Pg. 101 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________

CONSTRUCTION INSPECTION AND MATERIAL TESTING SERVICES
CTE CAL works closely with developers, owners and contractors in formulating the Construction Inspection and Construction Materials Testing requirements to first comply with the current California Building Code (2022), project specification requirements, as well as developer, owner, and contractor special inspection and testing requests to assure the project is completed to the highest quality standards in the industry. The specific Construction Inspection and Construction Materials services CTE CAL provides are detailed in the following pages. In short CTE CAL can provide a one stop shop for all the inspection and testing services required on any Private, Federal, State, or any Local Municipality funded projects.

CERTIFIED AND ACCREDITED
CTE Cal is fully certified and accredited by federal, state, and local regulatory agencies in California (including DSA) who certify Construction Quality Assurance Inspection Agencies. These include the following:
• AASHTO / AMRL / CCRL
• State of California DSA
• US Army Corps of Engineers
• US Naval Facilities Engineering Command (NAVFAC)
CTE Cal continues to maintain our inspection proficiency program with AMRL/CCRL and is an active participant in CCRL Proficiency Sampling Program.

Material Testing
CTE Cal’s laboratory is fully certified and accredited by federal, state, and local regulatory agencies in California that certify Construction Quality Assurance Inspection Agencies. These include the following:
• AASHTO / AMRL / CCRL
• OSHPD
• State of California Division of the State Architect (DSA) • US Army Corps of Engineers
• US Naval Facilities Engineering Command (NAVFAC)
• CTE Cal continues to maintain our inspection proficiency program with AMRL/CCRL and is an active participant in CCRL Proficiency Sampling Program.

Our regional laboratory services ensure rapid and timely test data turnaround. Our laboratory technicians inspect, test, and certify virtually every type of soils, construction materials and failure analysis evaluation required in today’s diversified building environment. Our certified and licensed laboratories offer a full range of site inspection testing, and quality management programs that allow our clients the distinct opportunity to work with a single, reliable, and dedicated materials testing laboratory throughout the longevity of the project.

1.4.A.b
Packet Pg. 102 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ We also offer a range of specialty tests:
• Soils Testing
• Soils / Formation Analysis
• Particle Size Distribution
• Soil Rock Classifications
• Compaction Relationships
• Plasticity Characteristics
• Triaxial and Direct Shear
• Compressive Strengths
• California Bearing Ratio
• Specific Gravity
• Expansion Index
• Resilient Modulus
• Permeability
• Tensile & Elongation
Testable materials include:
• Aggregates
• Concrete
• Fireproofing
• Grout
• Masonry
• Mortar
• Reinforcing Steel
• Roofing
• Shotcrete
• Structural Steel
CTE Cal has provided testing services for projects of all sizes and scopes for wide-ranging owners. From concrete testing for drive through restaurants, to vast stretches of asphalt for airport runways, to reinforcing steel for dams and bridges, CTE Cal has tested it all.

Special Inspection
CTE CAL’s construction and special structural inspection capabilities include all field inspection required to be performed on most construction projects. CTE Cal can perform all California and International Building Code, Federal, State, and local municipality requirements for construction inspection. CTE Cal employs a large staff of ICC- certified and City-certified inspectors for concrete, post-tension concrete, masonry, structural steel, fireproofing, structural wood, building inspection, and mechanical, plumbing, and electrical inspection.

Growing liability concerns, government regulation, and increased quality standards demand thorough field control and documented project compliance. A systematic oversight of sequential work product provided by CTE Cal eliminates substandard workmanship and ensures a safe, timely, and certified project completion.

1.4.A.b
Packet Pg. 103 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ CTE Cal offers the following inspection services:

Structural Inspection
• Concrete
• Masonry
• Post Tensioning
• Reinforcing Steel
• Structural Steel
• Soils Compaction
• Failure Analysis
• Ultrasonic Testing
• Epoxy Anchors
• Pull-Testing
• Specialty Inspection
Non-Structural Inspection
• Fire Proofing
• Non-Destructive Testing
• Firestopping
• AAMA Window Testing
• Roofing
• Curtain Wall
• Expansion Anchors
• Nuclear Use Testing
• Asphalt Lay Down
• Coating Thickness
• Floor Flatness
• Coring
• Mortar Adhesion Testing
As part of the typical quality assurance on these stringently specified projects, on a daily basis, CTE Cal is inspecting and sampling soils, concrete, grout, masonry, mortar, asphalt, reinforcement steel, pipe, and materials from their sources. Also performed daily are all types of weld and material connection inspections, including reporting and collection verifications documentation in the many formats defined in contract documents, specifications, and special provisions like concrete and aggregate tags, mill certifications, and certificates of compliance.

CTE Cal has a team of multi-carded special inspectors that can save developers significant costs by performing more than one inspection in a given day. CTE Cal is dedicated to being a part of the team to help complete projects on time, on schedule, and on budget.

1.4.A.b
Packet Pg. 104 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________

STAFFING
CTE Cal has over 20 years of Special Inspection and Construction Testing experience on both Private and Public Projects. As a team, we understand that public works projects have requirements that exceed those of more typical construction. By combining our thorough understanding of the California Building Code and ASTM Test Methodologies with our extensive practical experience, we can effectively predict likely issues prior to them happening. By addressing issues early in the construction cycle, CTE Cal is able to help keep the project on schedule, minimize project costs and enhance the Revenue Cycle for the Project. Our Laboratory is managed by Licensed Professional Engineers and our team consists of ICC – Certified Inspectors, ACI-Certified Technicians, and AWS-Certified Welding Inspectors.

CONSTRUCTION QUALITY CONTROL SPECIAL INSPECTORS AND TECHNICIANS:

Each inspector or technician performing structural special inspections and/or building systems inspections will have proper qualifications and certifications for the type of construction being performed. The quality control inspector and technicians will document the results of their inspections or tests and submit their reports in a timely manner.

Upon completion of a segment of work, the inspector assigned to the work will inspect the workmanship, confirm dimensional accuracy, and verify the use of approved materials to ensure complete compliance of the work with contract requirements. The inspector will continue to inspect the work in progress, on a daily basis, or as required, until the work is completed. Upon completion of an item of work, operation or performance testing will be conducted as required.

When the materials being used do not comply with the specifications, or any work is not as detailed on the plans or geotechnical report, the inspector will notify the Contractor and the Project Manager such that expeditious awareness of the noncompliance is documented. The field engineer or technician will work with the Contractor to immediately rectify the non-compliance item, describe in his or her daily report all of the above conditions noted, and subsequent actions taken, such as notifying the superintendent and subcontractor responsible for the noncompliance item.

Having vast experience throughout various Northern California, we have the ability to staff and deliver a quality service for the various project requirements. Having (3) Northern California Branches, this allows us the resources to provide certified technicians and inspectors for any unscheduled inspections or any miscellaneous concrete/anchor witness inspections that may arise for the various Paragon Project requirements. See below our inspector/technician matrix.

The following represents CTE Cal’s inspector matrix, and approach for the requirements required in this RFP.
2 1.4.A.b
Packet Pg. 105 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ Inspector Matrix
Name ACI RC PC SM SW HSB NDT SWC FP
Aaron Strickland
ACI #02248398
ICC # 10346490
✓ ✓
Adam Herendeen
ACI # 02208812
✓ I-T
Adolfo Gomez Orozco
ACI # 02176284
ICC # 10187949
✓ ✓ ✓ ✓
Afshin Benkaran
ACI # 02180174
ICC#10199920
✓ ✓ I-T I-T ✓
Alex Flores
ACI # 01898080
ICC # 9536920
✓ I-T
Bradley Rondeau
ACI # 02110470
✓
Brian Williams
ACI # 01045001
✓
Briana Turner
ACI # 02248404
✓
Cameron Schaefer
ACI # 02248402
ICC# 10336865
✓ ✓
Carl Johnson
ACI # 00123692
ICC # 1023104
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Chris Messier
CWI # 12081191
✓ ✓
Daniel Bautista
ACI # 02184116
EIT # 175626
✓
Drake Whitcomb
ACI # 02223018
✓
Dylan Watkins
ACI # 02248382
ICC # 20357139
✓ ✓
Erik Van Der Meulen
ACI # 02168323
✓ I-T
Faraidoon Roshanfar
ACI # 02240756
ICC # 9029955
✓ ✓ ✓ I-T ✓
Garrett Ballard
ACI # 01536298
ICC # 8889327
CWI # 20097321
DSA# 6512
DSA#6413
✓ ✓ ✓ ✓ ✓ ✓ I-T I-T ✓

1.4.A.b
Packet Pg. 106 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ Name ACI RC PC SM SW HSB NDT SWC FP
Jordan Bernd
ACI # 01538920
ICC # 8957759
✓ ✓ ✓ ✓
Kristin Kohls
ACI # 01008775
✓
Mark Reese
CWI # 11080028
✓ ✓
Mathew Taylor
ACI # 9417675
ICC # 01894326
EIT # 156681
✓ ✓ ✓ I-T I-T ✓ ✓ ✓
Mike Kennedy
GE # 3244
PE # 88971
ACI # 01291065
ICC # 8468344
CWI # 19041331
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Richard Webster
PE # 95620
ACI # 01400067
ICC # 8819592
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Robert Moore
PE # 94383
ACI # 01325314
ICC # 8406046
CWI # 16120013
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
Rohullah Osmani
ACI # 02170833
ICC # 10260275
✓ ✓ ✓ ✓ ✓ ✓
Rui Carvalho
ACI # 02229135
✓
Ryan Amundsen
ACI # 02184118
✓
Ryan Knuth
ACI # 02104609
GIT #964
✓
Sawyer Whitcomb
ACI # 02221286
✓
Selena Gray
ACI # 02108467
EIT # 163314
✓
Shane Sutherland
ACI # 02034807
ICC # 9927606
✓ ✓ ✓ I-T ✓ ✓
Yousef Elsumeri
ACI # 01403482
ICC # 90901296
DSA# 6412
✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓

1.4.A.b
Packet Pg. 107 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ Legend:

ACI – ACI Field Technician Grade 1
RC – Reinforced Concrete
PC – Prestressed Concrete
SM – Structural Masonry
SW – Steel Welding
HSB – High-Strength Bolting
NDT – Nondestructive Testing
SWC – Structural Wood Construction
FP – Fireproofing
✓ - Meets experience and cert. criteria
I-T – In-training when lacking experience or
qualifications as required for full certification

1.4.A.b
Packet Pg. 108 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________

APPROACH
Urgent and Scheduled Response Time
CTE Cal has provided urgent or emergency special inspection and materials testing services on short notice on many occasions. Our flagship project in the City of San Jose, the Bay 101 Casino, presented a challenging construction environment where our adaptability played a key role. On one particular occasion, a concrete pour for the foundation system had been scheduled, but a request for concrete sampling had not been made. We were able to re-allocate resources from our laboratory staff (who each have ICC certifications for field work as well) to not only perform concrete sampling as required by ACI, but to finalize inspection punch-list items from the City of San Jose’s building official prior to covering of the work.

Our ability to perform under these conditions derives from multiple sources- first and foremost is our extensively and diversely qualified staff. We directly support our team members in receiving certifications in as many types of construction inspection as possible. Our laboratory staff and management have invested time into receiving ICC, ACI, and AWS certifications where others don’t, so that we can cover any request that we receive.

While we request 24 hr. notice for typical inspections and material testing services, we understand the complexity of construction and we try to be as adaptable as possible. Our proprietary dispatching software allows us to quickly visualize where our inspectors are stationed, making our personnel allocation as efficient as possible.

Schedule and Budget Management
Through the use of CTE Cal’s proprietary database software that allows us to track hours and quantities on a daily basis, we are able to provide quality services efficiently within the predetermined budget.

Notifications are set for when a budget item reaches each benchmark, giving us ample time to assess the remaining work and allocate resources efficiently.

Our success with the Irvine Company’s campuses on the Gateway, Santa Clara Square, and Pathline at Peery Park projects throughout the South Bay are a testament to our ability to provide services within the budget allocated. Our work with them, spanning over 5 years, has led to many successful completions within budget.

Most recently, our work on the Pathline at Peery Park project has resulted in tight adherence to the allocated budget. Further, our flexibility and multi-disciplined staff allow projects to move quickly, since we are able to meet short-notice requests regularly.

Identifying a Discrepancy
As part of our scope of services, CTE Cal provided inspection and testing for all fireproofing protecting the structural steel for the Santa Clara Square Phase II project. After completion of fireproofing installation, inspection, and testing for Building 5, work was not fully protected from the elements. A number of high precipitation events occurred, leading to saturation and loss of SFRM material in critical areas of the structural steel framing system.

1.4.A.b
Packet Pg. 109 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ Even though all contract specifications did not require continued monitoring of the fireproofing, CTE Cal’s lead inspector identified the deficient fireproofing material and brought it to the attention of the Contractor. The Building Official’s representative, along with the Engineer of Record were also notified.

The project specification requirements, having omitted any reference to the continued verification of the fireproofing material’s condition, conflicted with the CBC and the Association of Wall and Ceiling Industry’s (AWCI) requirements for material soundness. Through communication with the Building Official and the Engineer of Record, it was determined that the material was unacceptable and the CTE Cal’s inspection had indeed uncovered discrepant conditions.

Further thorough inspection was performed to identify each area that would require removal and replacement of the defective material, requiring additional material tests. All deficient areas were removed and repaired, and CTE Cal performed additional verification testing to confirm adherence of the fireproofing material to the CBC and AWCI specifications. The repaired areas met requirements, and were found acceptable by the EOR and Building Official.

CTE Cal follows a collaborative approach when it comes to solving discrepancies. We involve all parties and orient ourselves towards a solution that meets the project requirements.

1.4.A.b
Packet Pg. 110 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ 3 FEE SCHEDULE & BASIS OF CHARGES

1.4.A.b
Packet Pg. 111 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) 1 of 5
CTE CAL, Inc.

SACRAMENTO • FREMONT • MODESTO
E-Mail: [email protected]
Price ASTM Other
Per Hour / Per Test Designation Method Used

PROFESSIONAL ENGINEERING STAFF HOURLY
$225
$185
$185
$165
$175
$145
$125
$150
$125
$125
$175
$125
$125
Quote
$125
$125

INSPECTION SERVICES & QUALITY CONTROL HOURLY
Non PW / PW
$85 / $122
$85 / $103
$85 / $125
$85 / $125
$85 / $122
$83
Quote
$85 / $121
$85 / $125
Quote
$85 / $103
$85 / $112
$85 / $112
$85 / $142
$85 / $142
$85 / $142
$85 / $175
$85 / $112
$40
SUPPORT SERVICES: HOURLY
Certificate of Completion (Hourly) $185
Draftsman $90
Express Mail (FEDEX/UPS) (minimum) $30
Facsimile (each page) $1
File Search, re-issue of report, copies (minimum) $150
Review of Files for processing Affidavits and Certifications $100 Word Processing/Secretarial (per hour) $65
Sample Pickup (Hourly Rate - NIC Shotcrete Panels) $85
COURT APPEARANCE AND DEPOSITIONS: HOURLY
Senior Professional Preparation, Deposition or Testimony $425 Travel & Expenses Actual + 15%
Evidence Storage (per month) $75
SPECIAL SERVICES: HOURLY
Coring / Sawing Operator & Equipment (1-man crew) $165
Coring / Sawing Operator & Equipment (2-man crew) $235
Floor Flatness (Includes reports and RE Certification - If Required) $145 Mobilization / Demobilization - Flat Rate Quote
Reinforcing Steel Location $125
Anchor Pull Tests - up to 30 tons $103
Glue Lamination Inspection Quote
Batch Plant Inspector $83
Procedure Qualification per AWS, ASME or Military Standards Quote Moisture Technician - Concrete Slabs (plus moisture kits $35/ea) $125 SOILS: EACH TEST
Soil Classification w/ Atterberg & Gradation $425 D 2487 --- Laboratory Compaction Test (Moisture Density-Each Curve) - 4 points (Proctor ) Soil Technician w nuclear Gauge
Radiographic Testing
ICC Fireproofing Inspector
Waterproofing Inspector
Nuclear Gauge Rental (per day) [Documentation required provided on hourly basis, see below rates] California Prevailing Wages (State, County, City, Public Utilities Funding) DSA Masonry Inspector
Biologist
ICC Grading / Earthwork Inspector
Pile Driving Inspector / Deep Foundation Inspector
Non-Destructive Testing Inspector Ultrasonic, Magnetic Particle, Dye Penetrate ( NDT Level I ) ICC Structural Steel Welding Inspector (Shop outside California) Registered Civil Engineer / Registered Geologist
Registered Geotechnical Engineer / Certified Engineering Geologist Senior Engineer / Geologist / Architect
Construction Safety Manager
Submittal Review Civil, Structural, Building, Mechanical, Electrical, Plumbing Non-Destructive Testing Inspector Ultrasonic, Magnetic Particle, Dye Penetrate (NDT Level 2 ) ICC Concrete Inspector
ACI Concrete Technician
ICC Structural Steel Welding and Bolting Inspector (Field) DSA Shotcrete Inspector
Principal Engineer / Geologist
Project Engineer / Geologist / Architect
Environmental Specialist / Registered Environmental Assessor Staff Engineer / Geologist / Architect
Environmental Engineer / Environmental Geologist
Environmental Technician
Project Manager
ASNT Level III NDT
Quality Control Manager (USACE Certified)
Roofing Inspector
ICC Building / Mechanical / Electrical / Plumbing Inspector Inspector Of Record / DSA / OSHPD Inspector
ICC Structural Steel Welding Inspector (Shop within California) Quality Control Specialists Civil, Structural, Building, Mechanical, Electrical, Plumbing

PROFESSIONAL SERVICES
INSPECTION & TESTING • GEOTECHNICAL• ENVIRONMENTAL• CONSTRUCTION ENGINEERING INSPECTION AND MATERIALS TESTING FEE SCHEDULE (2024)
Schedule of Fees and Services

1.4.A.b
Packet Pg. 112 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) 2 of 5
CTE CAL, Inc.

SACRAMENTO • FREMONT • MODESTO
E-Mail: [email protected]
Price ASTM Other
Per Hour / Per Test Designation Method Used

PROFESSIONAL SERVICES
INSPECTION & TESTING • GEOTECHNICAL• ENVIRONMENTAL• CONSTRUCTION ENGINEERING INSPECTION AND MATERIALS TESTING FEE SCHEDULE (2024)
Schedule of Fees and Services
- 4 inch mold (Proctor or Modified Proctor ) $215 D 1557 / D-698 --- - 6 inch mold (Proctor or Modified Proctor ) $245 D 1558 CTM 216 Laboratory Compaction Test Rock Correction $35 D 1557 / D 4718 --- $225 D 4318 ---
$350 C 136 / C 117 CTM 202
$100 C 117
$85 D 1140
- 3 point $395 D 1883 ---
- 1 point $175
Cement Treated Base, Laboratory Design - Soil Cement, Each Set $475 D-558 Cement Treated Base, Sample Fabrication (Set of Three) $235 D-558 CTM 312 Cement Treated Base, Compression Test $45 --- ---
Chloride Content of Soil $135 --- ---
Conductivity $165 CTM-424
$95
$395 D 2435 ---
Direct Shear Test $350 D 3080 ---
$150 D 4829 UBC 18-2
Hydrometer Analysis (Fine Grade) $195 D-422 ---
Moisture Content $45 D 2216 ---
Permeability Test - Constant Head
$400 D-5084 ---
Other QUOTE D 4318 ---
R - Value (Minimum 3 pts.) $265 D-2844 CTM 301
Resistivity and pH of Soil $235 D-4972 CTM 643
Sand Equivalent $235 D 2419 CTM 217
Shrinkage Limit $135 D 427 ---
Sodium Sulfate Soundness (Per Size Fraction) $245 C 88 --- Soil Classification w/ Atterberg & Gradation $425 D 2487 --- Sulphate Content of Soil $130 --- ---
CONCRETE: EACH TEST
Cement Testing Compression (Cubes) QUOTE C-109 or C-109M --- Compression Tests, 6x12 Cylinder $35 C 39 ---
Compression Tests, Gunite/Shotcrete Panels, 3 Cores/Panel (Set) $195 C 39 --- Compression Tests, Cores (Includes Sample Preparation - 3 Cores) $285 C 42 --- Concrete Flexural Test, 6x6x18 $85 C 293, C 78 ---
Concrete Mix Design (Includes Aggregate Testing) $895 --- --- Concrete Mix Design (Revision or Review) $155 --- ---
Drying Shrinkage (3 Specimens-28 Days) $375 C 157 (Mod) --- Gunite Panel, 3 Cores $255 C-42 ---
Gunite Panel, 4 Cores $295 C-42 ---
Modulus of Elasticity, Static ---
4" x 8" core or cylinder (excludes specimen prep.) - each $210 C 469 --- 6" x 12" cylinder (excludes specimen prep.) - each $235 C 469 --- Note: Companion Compression Breaks Separate
Creep of Concrete in Compression (per set of 3) $2,200 C 512 --- Splitting Strength Test $175 C 496 ---
Trial Batch: Mix Design, Aggregate Testing & Six Compression Tests $1,550 --- --- Unit Weight, Lightweight Concrete Fill $85 C 495 ---
Fine Grained Soil (Flexible Wall Permeameter)
California Bearing Ratio (CBR), Excludes Maximum Density Curve Sieve Analysis-Bulk Sample Gradation
Sieve Analysis-Material Finer than #200 Sieve
Particle Size analysis #200 sieve Wash Only
Consolidation Test
Consolidation - per point
Atterberg Limits Plasticity Index / Liquid Limit (Non Organic) Expansion Index

1.4.A.b
Packet Pg. 113 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) 3 of 5
CTE CAL, Inc.

SACRAMENTO • FREMONT • MODESTO
E-Mail: [email protected]
Price ASTM Other
Per Hour / Per Test Designation Method Used

PROFESSIONAL SERVICES
INSPECTION & TESTING • GEOTECHNICAL• ENVIRONMENTAL• CONSTRUCTION ENGINEERING INSPECTION AND MATERIALS TESTING FEE SCHEDULE (2024)
Schedule of Fees and Services
AGGREGATES: EACH TEST
Absorption Test, Coarse Aggregate $135 C 127 ---
Absorption Test, Fine Aggregate $155 C 128 ---
Aggregate Conformance Testing for State of California Projects $435 --- --- (Includes: Sieve Analysis, Specific Gravity, No. 200 Wash, Organic Impurities, Unit Weight) Clay Lumps and Friable Particles $200 C 142 ---
Cleanness Value $220 --- CTM 227
Crushed Particles, Percent $185 --- CTM 205
Durability Index, Coarse Aggregate $215 D 3744 CTM 229
Durability Index, Fine Aggregate $205 D 3744 CTM 229
LA Rattler $245 C 131 or C 535 CTM 211
Mortar making properties of fine aggregates $255 C 87 --- Organic Impurities in Sand $130 C 40 ---
Sieve Analysis (Gradation), Coarse Aggregate $195 C 136 --- Sieve Analysis (Gradation), Fine Aggregate (Including Wash) $205 C 136 --- Soundness of Aggregates by Sulfates $625 ---
Specific Gravity, Fine Aggregate $135 C 128 ---
Specific Gravity, Coarse Aggregate $155 C 127 ---
Unit Weight per Cubic Foot, Voids in Aggregate $140 C 29 --- MASONRY: EACH TEST
Absorption Test, Brick, 7-Day (Per Block, 3 block minimum) $245 C 67 --- Absorption Test, Brick, 24-Hour Submersion $195 C 67 --- Absorption Test, Brick, 5-Hour Boiling $225 C 67 ---
Composite Prism (under 400,000 lbs.), Half Size 8 x 16 x 8 $115 E 447 UBC 21-17 Composite Prism (under 400,000 lbs.), Full Size 8 x 16 x 16 $165 E 447 UBC 21-17 Compression Test, Brick $65 C 67 ---
Compression Test, Blocks Larger Than 8x8x16 $155 C 140 --- Compression Test, Blocks Less Than or Equal to 8x8x16 $85 C 140 --- Compression Tests, Grout $45 C 1019 UBC 21-18
Compression Tests, Mortar, 2x4 cylinder UBC $45 C 780 UBC 21-16 Conformance Package $575 C 90 ---
Efflorescence, Block with Mortar $135 C-90 ---
Efflorescence, Block/Brick Only $165 C-90 or C-67 ---
In-Place Shear Test (per test) $145 --- UBC 21-6
Linear Shrinkage $300 C 426 ---
Modulus of Rupture, Brick $135 C 67 ---
Moisture as Received, Brick $100 C 67 ---
Saturation Co-Efficient (Includes Absorption) Brick $165 C 67 --- Shear Test, cores (excludes sample preparation) $75 --- Title 24 Compression Test Cores (includes sample preparation) $95 C 42 Title 24 Unit Weight & Absorption, Block $105 C 139 ---
Unit Weight & Absorption, Block $105 C 140 ---

1.4.A.b
Packet Pg. 114 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) 4 of 5
CTE CAL, Inc.

SACRAMENTO • FREMONT • MODESTO
E-Mail: [email protected]
Price ASTM Other
Per Hour / Per Test Designation Method Used

PROFESSIONAL SERVICES
INSPECTION & TESTING • GEOTECHNICAL• ENVIRONMENTAL• CONSTRUCTION ENGINEERING INSPECTION AND MATERIALS TESTING FEE SCHEDULE (2024)
Schedule of Fees and Services
STEEL: EACH TEST
High Strength Bolt, Nut & Washer Conformance $425 A-325 --- (Wedge Tensile, Proof Load, Hardness)
Mechanical Tests, Hardness Test, Rockwell $195 --- ---
Prestressed Steel, Tensile Test, Strand (7 wire) $235 --- --- Reinforcing Steel, Tensile Test - No. 11 Bars & Smaller $150 A 615 --- Reinforcing Steel, Tensile Test - No.14 Bars & Larger (To Min. Require. Only) $175 A 615 --- Reinforcing Steel, Bend Test - No.11 Bars & Smaller $110 Mechanically Spliced Reinforcing Steel $185 --- ---
Fireproofing Density Tests $140 E 605 UBC 7-6
Fireproofing Adhesion / Cohesion Tests $210 --- ---
Structural Steel, Tensile Test - Up to 200,000 lbs. $175 A 370 --- Structural Steel, Bend Test. $130 --- ---
Structural Steel, Pipe Flattening Test $130 --- ---
Welded Specimens, Tensile Test - No. 11 Bars & Smaller $140 --- --- Welded Specimens, Tensile Test - No. 14 Bars (To Min. Require. Only) $225 --- --- Welded Specimens, Tensile Test - No. 18 Bars (To Min. Require. Only) $310 --- --- Welded Specimens, Tensile Testing - Mechanically Spliced Bar $245 --- ---

WELDER CERTIFICATION / QUALIFICATION EACH TEST
American Welding Society (AWS D1.1)
Limited Thickness Plate (per position) $415 --- ---
Unlimited Thickness Plate (per position) $415 --- ---
Pipe (per position) $435 --- ---
American Welding Society (AWS D1.4)
Bar Sizes #3 through #9 (each) $295 --- ---
Bar Sizes #10 through #11 (each) $315 --- ---
Bar Sizes #14 through #18 (each) $375 --- ---
American Society of Mechanical Engineers (ASME)
Plate or Pipe Procedure Qualification (each) $625 --- --- Plate or Pipe Welder Qualification (each) $625 --- ---
American Welding Society (AWS D1.3)
Light Gauge Metal (includes butt and plug weld) $255 --- --- Procedure Qualification per AWS, ASME or Military Standards QUOTE --- --- Fillet Weld Test (Break and Etch Test) $255 --- ---
Fillet Weld Test Plates $210 --- ---
Ultrasonic Testing of Weld Coupons $225 --- ---
Witness time, If Required (Hourly) $155 --- ---
ASPHALT CONCRETE: EACH
Asphalt Mix Design Quote Marshall & Hveem ---
Asphalt Mix Design Review (Hourly) $83 --- ---
Bitumen Content $210 D 2172 ---
Compacted Max Density - HVEEM $315 D 1561 ---
Compacted Max Density - Marshall $295 D 1561 ---
Extraction, % Asphalt (Including gradation) $285 D-6307 & C-136 CTM 310 & 382 Field Mix-HVEEM-Stability per Point $165 D 1560 ---
Field Mix-MARSHALL-Stability per Point $200 D 1559 ---
Film Stripping $140 --- CTM 302
Hveem Stability & Unit Weight $365 D 1560 & D 1561 CTM 304, 308 & 366 Marshall Stability, Flow & Unit Weight ( Three Specimens) $445 D 1559 & D 2726 --- Maximum Theoretical Unit Weight (Rice Specific Gravity) $245 D 2041 --- Percent Swell $155 --- CTM 305
Preparation of Bituminous Mixture (Hourly) $100 --- CTM 304 Stabilometer Value of Bituminous Mixture $310 --- CTM 366 Unit Weight Compacted Sample or Core (Bulk Specific Gravity) $145 D 2726 CTM 308 Unit Weight Sample Requiring Compaction $245 D 2726 CTM 304 & 308 Tensile Strength Ratio (TSR) $725 AASHTO T 283

1.4.A.b
Packet Pg. 115 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) 5 of 5
CTE CAL, Inc.

SACRAMENTO • FREMONT • MODESTO
E-Mail: [email protected]
Price ASTM Other
Per Hour / Per Test Designation Method Used

PROFESSIONAL SERVICES
INSPECTION & TESTING • GEOTECHNICAL• ENVIRONMENTAL• CONSTRUCTION ENGINEERING INSPECTION AND MATERIALS TESTING FEE SCHEDULE (2024)
Schedule of Fees and Services
ROOFING: EACH
Asbestos Evaluation (per ply) $155 --- ---
Asphalt Softening Point $180 --- ---
Roofing Material Analysis, With Surfacing $710 D 2829 --- Roofing Material Analysis, Without Surfacing $625 D 3617 --- Roofing Tile, Absorption (set of 5) $510 --- ---
Roofing Tile, Strength Test (set of 5) $595 --- ---
Truck Mounted Drilling Rig: $225.00/hr Mob/Demob Quote
On-Site Mobile Laboratory: QUOTE
Per Diem and Travel Expenses: Min. $ 125.00 per day or Actual cost + 15% (which ever is higher) Scheduling: A minimum of 48 hours notice is required to schedule personnel.

Basis of Charges:

Work from 0 to 4 Hours: 4-Hour Minimum Billing
Work from 4 to 6 Hours: 6-Hour Minimum Billing
Work from 4 to 8 Hours: 8-Hour Minimum Billing
Short Notice Cancellation: 2-Hour Minimum Billing
Services Requiring Necessary Equipment (ie Nuclear Gauge etc) Portal to Portal Billing Swing/Graveyard Shift: 15% Premium
Travel Rate: $75.00 per trip
Reimbursables: Cost plus 20%
Overtime Rates: Rates are based on an 8-hour work day between the hours of 7:00 A.M. and 3:00 P.M., M-F. A premium of

1.5 times the quoted rates for the first 8 hours and 2.0 times thereafter will be charged for work outside of normal hours. Saturdays will be invoiced at 1.5 times the quoted rate for the first 8 hours and 2.0 times thereafter.

Work on Sundays and holidays will be invoiced at 2.0 times the quoted rate.

The following are CTE Inc. holidays:

Labor Day
Thanksgiving Day
Christmas Day
Should a Holiday fall on a Saturday or Sunday the closest previous or following regular work day shall be considered the holiday.

Mileage:

Payment Terms:

Mileage will not be charged at $0.65 per mile for services portal-to-portal from the closest office.

Payment for services is due upon presentation. If not paid within 30 days of the invoice date, it will be considered past-due and a finance charge of 1 1/2% per month will be added to the unpaid balance. Additionally, any attorney's fees or other costs incurred in collecting any delinquent accounts will be added to the amounts due and shall be paid by the party invoiced.

New Year's Day
Memorial Day
Testing Samples: A preparation charge will be added to all samples submitted to the laboratory that are not ready for testing. This preparation charge will be based on the actual time required and at the laboratory technician's rate of $95.00 per hour. There will be a 50% premium charge for "RUSH/PRIORITY" testing. This testing laboratory agrees to exercise reasonable care in obtaining, preserving, and caring, for the samples to be tested, but assumes no responsibility for damages, either direct or consequential, which arise or are alleged to arise from loss, damage or destruction of samples due to circumstances beyond this testing laboratory's control. Samples are discarded after testing unless requested otherwise in writing by the client. A per month fee is charged for retained samples.

The Fee Schedule contains only the basic services performed by this office and is not a complete listing. Please do not hesitate to call for a quotation or proposal if your service needs are not listed herein. Rates are only valid for the year of the schedule, and may change with PW determinations.

Independence Day

1.4.A.b
Packet Pg. 116 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________

BASIS OF CHARGES
All services are to be provided on a “time and materials basis” as requested through you or your authorized representative. Services will be provided on a portal-to-portal basis when essential equipment is required, including, but not limited to, nuclear gauge, concrete coring equipment, and floor flatness equipment.

CTE Cal’s standard administrative services include certified payroll, weekly report distribution, invoicing on a monthly basis, including conditional and unconditional waivers if needed. Standard project management includes daily dispatching with 48-hour notice, report review/distribution, and monthly invoicing summaries of budget progress. If required, a final letter and affidavit can be provided when the account balance has been paid in full.

Additional laboratory testing, field inspection, engineering, project management and administrative services are available and will be quoted as requested and based on CTE Cal, Inc. Fee Schedule established January 1, 2024.

Hourly rates/unit costs as stated are in effect from January 1, 2024 Fee Schedule provided construction begins within 90 days of the proposal date. Hourly rates subject to DIR Determinations will increase by the amount dictated by the applicable determination plus 15%.

BASIS OF CHARGES
Charges will be made on a time and materials basis for work performed in accordance with the rates stated in the proposal. The basic hourly rates are quoted on an individual project basis or as per CTE Cal, Inc. published January 1, 2024 Fee Schedule.

Estimates are based on quantities and schedules furnished by others. Where schedules are not available, assumptions are made to develop an estimated cost of services. CTE Cal, Inc. must conform to the contractors’ schedules and these can vary substantially according to job conditions, contractor sequencing, contractor delays, and other factors outside CTE Cal’s control.

Schedule of Charges and Expenses
Work from 0-4 Hours 4-Hour Minimum Billing Per Task
Work from 4-6 Hours 6-Hour Minimum Billing Per Task
Work from 6-8 Hours 8-Hour Minimum Billing Per Task
Cancellation (Less than 24hr Notice) 2-Hour Minimum Billing Work over 8 hours, Saturdays Time and One Half
Work over 12 hours, Sundays, Holidays Double Time
Trip Charge $60 per Trip
Expedited Lab Testing 50% Premium
Swing/Graveyard Shift 15% Premium
Reimbursables Cost plus 20%

1.4.A.b
Packet Pg. 117 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________

PROJECT EXPERIENCE / REFERENCES
CTE Cal has over 20 years of Special Inspection and Construction Testing experience on both Private and Public Projects throughout Northern California. As a team, we understand that public works projects have requirements that exceed those of more typical construction. By combining our thorough understanding of the California Building Code and ASTM Test Methodologies with our extensive practical experience, we can effectively predict likely issues prior to them happening. By addressing issues early in the construction cycle, CTE Cal is able to help keep the project on schedule, minimize project costs and enhance the Revenue Cycle for the City of Ripon.

CTE Cal has experience working as the On-Call Soil Testing Services with the City of Palo Alto and as the On-Call Special Inspection Services for the City of San Jose. In addition to our involvement in large scale public works projects, CTE Cal Inc has provided crucial quality assurance on a wide range of projects serving localized communities, including those in the East Bay Municipality District, the Santa Clara Valley Water District, and the areas served by San Jose Water. Scopes of work included material testing and special inspection for grading, paving, concrete work, welding, and other related construction project work. Inspection requests were time sensitive and required quick turn-around time; we were able to collaborate with the City or Public Agency representative to efficiently and effectively schedule, perform, and report our findings to achieve the project requirements.

Please see below multiple recent projects CTE Cal has performed in the Bay Area with similar scopes and services of work that may be required by the City of Ripons’s potential projects.

Included in the project description is the project name, date of performance, budget, services performed, and our clients contact information.
4 1.4.A.b
Packet Pg. 118 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ Belgatos Reservoir Replacement Project
Los Gatos, CA
December 2017 to September 2020
In the hills of Los Gatos, San Jose Water
completed a project consisting of the
demolition of an existing reservoir and
it’s replacement by two new 2.5 milliongallon seismically resilient posttensioned concrete water storage tanks.

CTE Cal was responsible for QA of
earthwork and grading, and worked
closely with Overaa Construction to
deliver accurate and timely testing and
inspections to meet the needs of San
Jose Water and the surrounding
community.

CTE Cal performed Quality Assurance Planning,
Tie-back Stressing Observation, Reinforcing Steel
Inspection, Shotcrete Placement Observation
and Coring, Concrete Testing and Sampling,
Grading Observation and Compaction Testing,
along with an extensive Lime Treatment Testing
and Observation program. Materials testing
services included performing concrete and grout
strength. Soil testing included 4” and 6” Max
Density Curves, Expansion Index, Plasticity Index,
Liquid Limit, Atterberg Limit, Moisture Content,
Organic Content, pH Test, and Sieve Analyses.

1.4.A.b
Packet Pg. 119 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ Sunnyvale Primary Treatment Facility Package 2
Sunnyvale, CA
December 2017 to Present
The Sunnyvale Primary Treatment Facility
Package 2 includes $100 million of
improvements to treat and safely dispose of
Silicon Valley’s wastewater using the latest
environmental processes. The project consisted
of constructing new 66” influent piping, an
influent and screening station, a primary
sedimentation tank, a grit basin, flood wall
protection, and several other supporting
structures.

CTE Cal teamed with Overaa Construction to perform
quality assurance for all earthwork, reinforced and mass concrete, masonry and structural steel beginning in
December of 2017 to the present day. CTE’s geotechnical specialists observed grading and compaction of tens of
thousands of yards while the building pads were prepared for influent pump station shoring.

Our inspection and testing team witnessed thousands of yards of concrete placement that made up the influent station constructed 30 feet into the earth. Meanwhile, construction of the floodwall, grit basin, and switchgear structures were inspected to stringent specification requirements for reinforcement, concrete, masonry, welding and high strength bolting.

Material testing was provided for soil maximum density, classification, and environmental contaminants. Compressive strength testing, slump, and air content testing were provided for concrete, grout, controlled low strength material, and slurry.

1.4.A.b
Packet Pg. 120 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ McKelvey Park Detention Basin
Mountain View, CA
October 2018 to October 2019
A highlight in CTE Cal’s 12 years of collaboration with the Santa Clara Valley Water District, our team was called on to provide quality assurance and inspections in parallel with another testing agency. Together, both teams provided the needed services for the McKelvey Park Detention Basin, which provided flood protection along the Permanente Creek to over 2,000 properties while providing an exciting new venue for community gathering and entertainment.

The basin was designed to collect flows from 50-year flood events or larger, and consisted of a depressed detention area surrounded by multiple shored retaining wall systems built directly adjacent to roadways and existing structures. CTE Cal provided concrete and reinforcement inspection, CWI welding inspection, earthwork grading and asphalt controls for the project.

CTE Cal’s laboratory services included maximum density determinations, sand equivalent testing, gradations, and plasticity index testing among other geo-materials tests.

1.4.A.b
Packet Pg. 121 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________

REFRENCES
We invite you to reach out to any of the references listed below.

Client: Overaa Construction
Contact: Johnny McDermott, Project Manager
(510) 685-3643 / [email protected]
2380 Qume Drive, Suite A, San Jose, CA 95131
Project: Columbine Station Improvements
3650 Clayton Road, San Jose, CA 95127
Scope: Geotechnical Engineering, Grading Observation & Soil Compaction, Concrete Sampling & Testing, Asphalt Compaction
Project: Belgatos Reservoir Replacement
330 Belgatos Road, Los Gatos, CA 94022
Scope: Geotechnical Engineering, Grading Observation & Soil Compaction, Lime Treatment Observation, Rebar Inspection, Shotcrete Testing & Inspection, Soil Nail Observation, Grout Sampling, Concrete Sampling & Testing, Asphalt Compaction
Project: Santa Rosa Station Improvement
175 Sierra Azule, Los Gatos, CA 95032
Scope: Geotechnical Engineering, Grading Observation & Soil Compaction, Concrete Sampling & Testing
Client: Santa Clara Valley Water District
Contact: John Luna, Acting Unit Manager
(408) 630-3783/ [email protected]
5750 Almaden Expressway, San Jose, CA, 95118
Project: McKelvey Park Detention Basin
1101-1197 Park Drive, Mountain View, CA 94040
Scope: Grading Observation & Soil Compaction, Rebar Inspection, Concrete Placement Inspection, Concrete Sampling & Testing, Field Welding Inspection, NDT UT, High Strength Bolting Inspection, Epoxy Installation Inspection, Post-Installed Anchor Inspection

1.4.A.b
Packet Pg. 122 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ Project: Coyote Warehouse
18300 Peet Road, Morgan Hill, CA 95307
Scope: Grading Observation & Soil Compaction, Rebar Inspection, Concrete Placement Inspection, Concrete Sampling & Testing, Masonry Inspection, Field Welding Inspection, Shop Welding Inspection NDT UT, High Strength Bolting Inspection, Epoxy Installation Inspection, Post-Installed Anchor Inspection, Asphalt Compaction
Client: Herman Construction Group Inc.

Contact: Marc Doig, Project Manager
(619) 455-0922 / [email protected]
2060 Wineridge Place, Suite A, Escondido, CA 92029
Project: USCG Permanent Station Facilities
USCG Small Boat Station 2 Harbor Way, Vallejo, CA 94590 Scope: Geotechnical Engineering, Grading Observation & Soil Compaction, Rebar Inspection, Concrete Placement Inspection, Concrete Sampling & Testing, Floor Flatness Testing, Masonry Inspection, Field Welding Inspection, Shop Welding Inspection, NDT UT, High Strength Bolting Inspection, Asphalt Compaction Project: Lawrence Livermore National Laboratory Star Building 183 7000 East Avenue Ste 200, Livermore, CA 94550
Scope: Geotechnical Engineering, Grading Observation & Soil Compaction, Rebar Inspection, Concrete Placement Inspection, Concrete Sampling & Testing, Floor Flatness Testing, Field Welding Inspection, High Strength Bolting Inspection, Epoxy Installation Inspection, Asphalt Compaction
Client: GSE Construction Company Inc.

Contact: Matt Garcia, Project Manager
(209) 459-0517 / [email protected]
7633 Southfront Road, Suite 160 Livermore, CA 94551
Project: Lower Elkhorn Pump Station
21788 County Road 124, West Sacramento, CA 95691
Scope: Geotechnical Engineering, Grading Observation & Soil Compaction, Rebar Inspection, Concrete Placement Inspection, Concrete Sampling & Testing, Masonry Inspection, Field Welding Inspection

1.4.A.b
Packet Pg. 123 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) RFQ for Special Inspections & Materials Testing Services City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366
________________________________________________________________________________________________________ Project: VMAC Martinez Campus Water Design Build
150 Muir Road, Martinez, CA 94553
Scope: Grading Observation & Soil Compaction, Rebar Inspection, Concrete Placement Inspection, Concrete Sampling & Testing, Masonry Inspection Project: VAMC San Francisco Building 200 Chiller System Upgrade 4150 Clement Street, San Francisco, CA 94121
Scope: Field Welding Inspection (CWI), NDT UT, Rebar Scanning Additional References:

San Joaquin County – Capitol Projects
Trina Maeser Edwards
(209) 468-3582 [email protected]
City of San Jose Public Works Department
Sumod Giri
(408) 975-7424 [email protected]
City of Palo Alto
Robert Diamond
(650) 566-4525 [email protected]

1.4.A.b
Packet Pg. 124 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) P r e p a r e d B y :

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© 2024 CTE Cal, Inc.

Intellectual Property. All rights reserved
CTE Cal, Inc.

Statement of Qualifications for Special Inspection and
Material Testing Laboratory Agency
ATTN: Christiana Giedd, PE, Senior Civil Engineer
City of Ripon
295 N. Wilma Avenue
Ripon, CA 95366

1.4.A.b
Packet Pg. 125 Attachment: Exhibit A_CTE Cal, Inc. Proposal (4362 : CTE Cal, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/13/2024
Subject: Aspen Survey Company, Inc.

RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Aspen Survey Company, Inc. to provide general land surveying services in the not to exceed amount of $20,000 (funding source: varies by project).

BACKGROUND:

Aspen Survey Company, Inc. has successfully been providing general land surveying services that the engineering department staff is not licensed to perform for various capital projects for the City of Ripon since February of 2018.

At the February 13, 2018 City Council meeting, Council approved the Professional Services Agreement with Aspen Survey Company, Inc. in the not to exceed amount of $20,000 to provide general land surveying services.

At the June 9, 2020 City Council meeting, Council approved the Professional Services Agreement with Aspen Survey Company, Inc. in the not to exceed amount of $20,000 to provide general land surveying services.

DISCUSSION/ANALYSIS:

Staff has requested a scope and fee from Aspen Survey Company, Inc. to continue to assist with general land surveying services outside staff’s qualifications. The services agreement will include Topography Survey, Plat & Legals, Right-of-Way acquisition and other surveying tasks on an as needed basis for various capital projects.

Staff recommends the City Council approve the attached Professional Services Agreement with Aspen Survey Company, Inc. in the not to exceed amount of $20,000.

1.4.B
Packet Pg. 126
FISCAL IMPACT:

The cost outlined in the attached Professional Services Agreement with Aspen Surveying Company, Inc. is for a not to exceed amount of $20,000 which will be funded by the appropriate department depending on the task completed.

Attachments:

1. Services Agreement_Aspen Survey Company, Inc

2. Exhibit A_Proposal

1.4.B
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Attachment: Services Agreement_Aspen Survey Company, Inc (4363 : Aspen Survey Company, Inc.)

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Attachment: Services Agreement_Aspen Survey Company, Inc (4363 : Aspen Survey Company, Inc.)

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Attachment: Services Agreement_Aspen Survey Company, Inc (4363 : Aspen Survey Company, Inc.)

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Attachment: Services Agreement_Aspen Survey Company, Inc (4363 : Aspen Survey Company, Inc.)

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Attachment: Services Agreement_Aspen Survey Company, Inc (4363 : Aspen Survey Company, Inc.)

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Attachment: Services Agreement_Aspen Survey Company, Inc (4363 : Aspen Survey Company, Inc.)

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Attachment: Services Agreement_Aspen Survey Company, Inc (4363 : Aspen Survey Company, Inc.)

ESTIMATE OF WORK PROPOSED
**********************************************************************************************************

CITY OF RIPON
********************************************************************************************************** GENERAL LAND SURVEY SERVICES RELATED TO CAPITAL PROJECTS. WORK INCLUDES, BUT NOT LIMITED TO: TOPOGRAPHY SURVEY, PLAT & LEGALS AND PUE

REVIEWS
RESEARCH AND CONSULTATIONS $ 85.00/HR
PROFESSIONAL CALCULATIONS $ 95.00/HR
LAND SURVEY FIELD WORK $ 150.00/HR
LEGAL DESCRIPTIONS $ 95.00/HR
PLAT AND MAP DRAFTING $ 85.00/HR
TOTAL NOT TO EXCEED $20,000.00

SPECIALTY PROJECTS THAT ARE ABOVE AND BEYOND THE NOT TO EXCEED AMOUNT SHALL BE NEGOTIATED INDEPENDENTLY.
1121 OAKDALE ROAD, SUITE 6
MODESTO, CA 95355
PHONE: (209) 526-9724 FAX: (209) 526-0472

EXHIBIT A

1.4.B.b
Packet Pg. 135 Attachment: Exhibit A_Proposal (4363 : Aspen Survey Company, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/13/2024
Subject: Recycling Center Operating Agreement
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Recycling Center Operating Agreement between the City of Ripon and the Greater Valley Conservation Corps.

BACKGROUND:

In 2005, the City of Ripon and the Ripon Unified School District (RUSD) established a partnership for a community recycling program to promote recycling in the community and raise funds for participating school-based parent faculty groups. The recycling program also aided the City in meeting certain CalRecycle mandated goals for reducing residential and business waste.

RUSD and the parent faculty groups provided volunteers to staff the recycling center in order to process the material received and the City provided the location and transportation along with maintenance of the cardboard compactor. The volunteer work based program resulted in thousands of tons of recyclable material recovered and hundreds of thousands of dollars generated for the participating schools since the program began.

Unfortunately, recruiting volunteers over the past few years has been an ongoing challenge for the parent faculty groups and RUSD. The City hired two-part time employees in December of 2023 to assist with staffing the recycling center. The City was notified earlier this year that at the end of the 2024 school year (May 2024), RUSD and the parent faculty groups would no longer provide volunteers to operate the recycling center. City staff is currently operating the recycling center.

DISCUSSION/ANALYSIS:

In May 2024, the City advertised to local non-profits the opportunity to partner with the City to provide volunteers to staff the recycling center with all funds generated could be directed to the

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non-profit organization. The response was very limited with no organization proposing to completely take over the volunteer hours.

The City was approached by the Greater Valley Conservation Corps (GVCC), a division of the California Local Conservation Corps (LCC). The GVCC proposed a partnership with the City to help facilitate operations at the recycling center which provides multiple benefits to both parties.

The GVCC provides recycling jobs, education and career training for young people ages 18-26.

Corpsmembers complete a year of paid service to communities while working to increase recycling. Currently CalRecycle provides grants to fourteen LCC programs around the State.

These regional Corps are certified by the California Conservation Corps State Department.

The attached Recycling Center Operating Agreement defines the responsibilities between the City of Ripon and the GVCC to operate the recycling center. The following highlights the notable modifications to the recycling center operations along with benefits to residents and the City:
- Will now be open Tuesday – Friday 8:00am – 6:00pm and Saturday 8:00am – 3:00pm, closed on Sunday and Monday. This will increase the availability of the recycling center for residents and businesses from 24 hours per week to 47 hours per week. - Accepted Items include Cardboard, Mixed Paper/Newspaper, Glass, CRV (aluminum cans and plastic bottles), Mattresses and Electronic Waste (tvs, computers, monitors, radios, power tools, etc.). The added Mattress drop-off location and expanded electronic waste recycling collection will be at no cost to residents. - Eliminated Items include Styrofoam and Mixed/Junk Plastic which are not currently being recycled and incur landfill tipping fees. This will reduce the overall operating expenses at the Recycling Center. Residents can still place these items in their black cans where they will be collected and hauled more efficiently. - The GVCC will haul and receive all revenue generated from the glass, CRV, mattresses and electronics.
- The City will haul and receive all revenue generated from the mixed paper/newspaper and cardboard which will go directly back into the Garbage Enterprise Operating fund.

The goal of the partnership with the GVCC at the recycling center is to lower expenses of the Garbage Enterprise Fund (which is passed on to the residents of Ripon), provide more availability to the public to recycle material, expand the types of recyclable material accepted and increase the overall amount of recyclable material received. The agreement terminates July 31, 2025, staff will evaluate the operation and progress of the recycling center in the first quarter of 2025.

FISCAL IMPACT:

Staff performed cost comparisons for several different options to process recyclable material while maintaining regulatory compliance using actual tonnage received during the 2023 calendar year. These included the partnership with the GVCC to operate the recycling center, City staff solely operating the recycling center and finally completely eliminating the recycling center by

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placing all recyclables in the black can to be processed at the Gilton facility. The following is a summary of these comparisons:

Partnership with the GVCC to operate recycling center
Estimated expense includes hauling cardboard & mixed
paper and staffing the recycling center for 12 hours per week. -$45,200
Estimated revenue includes cardboard at the current rate of $60/ton. $13,200
Total expense $32,000
City staff to operate recycling center
Estimated expense includes hauling all recyclable
material and staffing the recycling center 56 hours per week. -$90,000
Estimated revenue includes cardboard, glass, CRV,
mattresses and electronics at current market rates. $31,000 Total expense $59,000
Eliminate recycling center
Estimated expense includes hauling all recyclable
material to the Gilton processing facility (residents
will place material in black cans). Total expense $60,000

There are several variables that will impact the expenses including the recyclable rates, tipping fee increases, labor increases and volume of recyclable material received. Due to the increased hours the recycling center will be open with the GVCC partnership, staff anticipates an increase in recyclable material received which will further lower the overall expense to the Garbage Enterprise Operating fund moving forward.

Attachments:

1. GVCC Recycling Center Operating Agreement

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1.4.D.a
Packet Pg. 139 Attachment: GVCC Recycling Center Operating Agreement (4312 : Recycling Center Operating Agreement)

1.4.D.a
Packet Pg. 140 Attachment: GVCC Recycling Center Operating Agreement (4312 : Recycling Center Operating Agreement)

1.4.D.a
Packet Pg. 141 Attachment: GVCC Recycling Center Operating Agreement (4312 : Recycling Center Operating Agreement)

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Packet Pg. 142 Attachment: GVCC Recycling Center Operating Agreement (4312 : Recycling Center Operating Agreement)

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Packet Pg. 143 Attachment: GVCC Recycling Center Operating Agreement (4312 : Recycling Center Operating Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/13/2024
Subject: Delta Regional Monitoring Program
RECOMMENDED ACTION:

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

BACKGROUND:

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

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

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

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

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

DISCUSSION/ANALYSIS:

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

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

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

FISCAL IMPACT:

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

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

Attachments:

1. 24-25 Delta Regional Invoice

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Delta Regional Monitoring Program

C/O CVCWA
101 W McKnight Way, Suite B103
Grass Valley, CA 95949

CONTRIBUTION
NOTICE #24-034
DATE: JULY 8, 2024
TO:

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

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

Make all checks payable to Delta Regional Monitoring Program.

DESCRIPTION TOTAL
Delta Regional Monitoring Program 2024-25 - Phase II MS4 $5,150 July 1, 2024 to June 30, 2025
TOTAL DUE $5,150
If you have any questions concerning this notice, contact: Kathryn Garcia, Delta Regional Monitoring Program Treasurer, at 209-937-8232 or [email protected].

THANK YOU

1.4.E.a
Packet Pg. 146 Attachment: 24-25 Delta Regional Invoice (4324 : Delta Regional Monitoring Program) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/13/2024
Subject: Claim - Jennifer Hamilton
RECOMMENDED ACTION:

The City’s claim adjustor has investigated the submitted claim and is recommending the City Council reject the claim.

BACKGROUND:

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

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

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

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

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

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

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

DISCUSSION/ANALYSIS:

Jennifer Hamilton submitted a claim to the City of Ripon on April 24, 2024 for injuries she sustained to her right knee, nose laceration, aggravation to left knee, headaches, left elbow and bilateral shoulder caused when she tripped and fell due to a deviation of elevation between the sidewalk and a utility cover. She is seeking a value that exceeds $10,000, but is undetermined at this time.

The CSJVRMA claims adjustor has reviewed the claim submitted and photos. The City had no prior notice of this deviation of elevation. Government Code Section 835 gives immunity to public entities for incidents such as this when they had no knowledge of the condition prior to the occurrence.

Accordingly, it is the claims adjustor’s recommendation that this matter be submitted to the City Council for the claim to be rejected.

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 08/13/2024
Subject: Annual Investment Report Review
RECOMMENDED ACTION:

Accept the City’s annual investment report for the period ending June 30, 2024.

BACKGROUND:

The following report is the City’s annual investment report for the period ending June 30, 2024.

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 for all City investments  List of individual investments with 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.

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The investments held at the Bank of New York have longer durations, as such, our goal is to normally not access the funds for liquidity purposes. It is not uncommon during federal tightening cycles for money market funds and pools similar to LAIF to have yields that surpass longer duration portfolios such as the investments held at the Bank of New York. CAMP has a shorter duration than LAIF, so in a rising interest rate market, CAMP’s returns will be higher than LAIF’s returns. However, when interest rates decrease, then LAIF and CAMP typically have lower returns than Bank of New York.

Each year, the City analyzes the amount of funds needed in the short-term to cover operating costs and projected capital costs. The remaining funds are invested in investments that provide the best chance of earning the highest return, based on actual market conditions. Below is a summary of the transactions that have occurred during fiscal year 2023-2024:
 No transfers were made to Bank of New York at this time due to the high yields in the short term markets.
 In March 2024, $15,000,000 was reinvested in a CAMP TERM investment with a set rate of return of 5.12%
 In June 2024, $12,000,000 was reinvested in a CAMP TERM investment with a set rate of return of 5.26%.

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 6/30/2024
Interest earned this
quarter
Estimated annual rate
of return
LAIF $382,502 $4,316 4.51%
CAMP Liquid
Funds $7,909,221 $107,368 5.43%
CAMP Term Funds
Matures 3/2025 $15,000,000 $192,000 5.12%
CAMP Term Funds
Matures 6/2025 $12,000,000 $157,800 5.26%
Bank of New York
(FMV) $32,050,752 $176,041 2.20%
TOTAL $67,342,475 $637,525 * 3.79%
*Interest earned this quarter does not match interest received because some investments are CAMP Term Funds and interest is not received until maturity.

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

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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
6/30/2024
Interest earned this
quarter
Estimated annual rate
of return
Section 115 Trust $1,520,041.20 $16,441.43 11.83%
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. In addition to the investment guidelines, this resolution states that these funds can be used to pay CalPERS expenses when there is a deficit in the City’s General Fund with City Council concurrence, or as directed by the City Council.

Attachments:

1. Investment report for Council 06.2024

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1 $382,502
2 $34,909,221
Liquid Funds Interest rate 5.43% at 06/30/24 $  7,909,221 TERM Funds $15,000,000
TERM Funds $12,000,000
3 $32,050,752
Ratings
Investments: Agency 15.21% AA+
US Corporate 25.80% A+
US Treasury 32.98% AA+
Money Market Fund 9.48% AAA
ABS 3.71% AAA
Supranational 3.40% AAA
Muni Bonds 0.84% AA‐
Agency CMBS 8.58% AA+
4 $      121,475
5 $              403
$              191
6 $               ‐
Total Investments within Ripon's Investment Policy updated in June 2023 $67,464,543 Interest rate 4.81% at 06/30/24

CITY OF RIPON
Investment Policy
Annual Report
July 01, 2023 ‐ June 30, 2024
The City of Ripon’s investment policy was adopted by Resolution 96‐63 on June 18, 1996 and  amended by This annual review complies with all of the elements required by California Government Code Section As of June 30, 2024, the City’s average interest rate for the last 12 months is 3.57%.* At the end of June 2024, City funds are held in the following investments as listed:

Investments within Ripon's Investment Policy
State Treasurer  ‐  LAIF ‐ (fair value basis 1.0)
Bank of Stockton
CAMP
Interest rate of 5.26% to mature 6/2025
Interest rate of 5.12% to mature 3/2025
CSJVRMA Pool ‐ fair value
Bank of New York (book value ‐ $32,599,724)
Interest rate 2.18% at 06/30/24
U S Treasury ‐ (fair value basis 1.0)
Interest rate 4.88% at 06/30/24
Interest rate 0.00% at 06/30/24
U S Bank
Redevelopment agency 2020 tax allocation bonds
U S Treasury ‐ (fair value basis 1.0)
Interest rate 5.19% at 06/30/24
U S Bank
Water revenue bonds ‐ 2006
Water revenue bonds ‐ 2012
U S Treasury ‐ (fair value basis 1.0)
* 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.

1.4.G.a
Packet Pg. 152 Attachment: Investment report for Council 06.2024 (4331 : Annual Investment Report Review) Investment Report
June 30, 2024

Section 115 Trust Investments
$  1,520,041
Conclusion
Respectfully Submitted,
Lisa Roos
Lisa Roos
City Clerk/Finance Director
Based upon the Treasurer’s report, the entire investment porfolio of the City of Ripon is in FULL COMPLIANCE with the 2023 City of Ripon Investment Policy, the California Government Code, and/or the 2022 Section 115 Trust investment guidelines, whichever is applicable.

In addition, the City of Ripon has investments in a Section 115 Trust as it's CalPERS Contingency Fund.  These funds are managed and must follow the investment guidelines adopted by the City Council on September 13, 2022 by Resolution 22‐39.  This investment policy includes the City's risk tolerance, investment amounts and how the Section 115 Trust principal and earnings is to be used to fund CalPERS obligations.

Public Agency Retirement Services
Interest rate 11.83% at 06/30/24
This report certifies that all investment actions executed prior to this report have been made in full compliance with the City of Ripon Investment Policies.  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).

At the end of June 2024, City funds held in Section 115 Trust are listed below:
\\rcityfs2\users\lroos\My Documents\Investment Reports\Investment report for Council.xlsx ‐ 2024.06.30 updated

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Packet Pg. 153 Attachment: Investment report for Council 06.2024 (4331 : Annual Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 08/13/2024
Subject: Fleet Maintenance Facility Electronic Equipment Purchase RECOMMENDATION:

Approve the purchase of electronic equipment needed for the Fleet Maintenance Facility in the not to exceed amount of $9,228.03 (funding sources: Corp Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund).

BACKGROUND:

As part of the Fleet Maintenance Facility Project budget, the City Council approved $500,000 to be allocated for City furnished items at the December 13, 2022 City Council meeting. At this time, the following items are planned to be purchased as part of the City furnished items:
 Office and conference room furniture ($41,443.88 approved at 6/11/24 Council meeting);  Mobile Vehicle Column Lifts ($171,182.85 approved at 7/9/24 Council meeting);  Computers/Network Equipment/Security Firewall/Monitors;  Miscellaneous shop storage/shelving;
The total cost for these items is expected to be $280,000 DISCUSSION:

Staff requested a quote from CDW-G for the purchase of the electronic equipment to be installed in the break/training room and office inside the Fleet Maintenance Facility. The electronic equipment includes computers, monitors, networking hardware and firewall. The total expense is $9,228.03.

Staff is recommending the City Council approve the purchase of the electronic equipment for the Fleet Maintenance Facility in the not to exceed amount of $9,228.03.

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FISCAL IMPACT:

The attached quotation from CDW-G in the amount of $9,228.03 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%).

Attachments:

1. CDW-G Electronic Quote

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1.4.H.a
Packet Pg. 156 Attachment: CDW-G Electronic Quote (4335 : Fleet Maintenance Facility Electronic Equipment Purchase)

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Packet Pg. 157 Attachment: CDW-G Electronic Quote (4335 : Fleet Maintenance Facility Electronic Equipment Purchase)

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Packet Pg. 158 Attachment: CDW-G Electronic Quote (4335 : Fleet Maintenance Facility Electronic Equipment Purchase) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 08/13/2024
Subject: Senior Center Rehabilitation Project
RECOMMENDED ACTION:

Reject the bid from Diede Construction Inc. and authorize staff to re-bid the project.

BACKGROUND:

On July 23, 2024, the Senior Center Rehabilitation Project bid was opened. Only one bid was received, as summarized below:

Diede Construction, Inc. $745,848.00
The bid submitted is 104% higher than the Engineer’s Estimate of $365,000.

The City has the right to reject any or all bids for any reason, as stated in the bid proposal. It is recommended that the City reject this bid and authorize staff to re-bid the project. Prior to the second bid period, staff will survey contractors familiar with this type of work and attempt to determine the reason for the lack of interest in this project.

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/13/2024
Subject: Acknowledgement of Development Agreement - Lennar Homes RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Acknowledgement of Development Agreement for Lennar Homes of California, LLC and JEN HOLDCO 24 LLC for the Meadowood development project located between Fulton Avenue and Goodwin Drive.

BACKGROUND:

The Meadowood development project was initially approved on February 13, 2018 and a Development Agreement was entered into between the City of Ripon and Meadowood, LLC.

The development project is located between Fulton Avenue and Goodwin Drive about halfway between Colony Road and Arc Way. The project is a medium density single family home development project containing eighty-eight (88) homes.

The City Council approved the assignment and assumption of the Meadowood Development Agreement to Lennar Homes of California, LLC (a home builder) on May 14, 2024.

DISCUSSION:

In most cases involving the transfer of developed properties, or properties which are approved for development but not yet built, the City requires all owners and/or developers, along with the proposed buyer, to enter into an Assignment and Assumption Agreement. The purpose of this Agreement is to ensure the new developer is fully apprised of its rights and obligations under the Development Agreement. In this case, staff believes the purpose of notification and acceptance can best be made by the Acknowledgment of Development Agreement (the “Acknowledgment”) which is made and entered into between Lennar Homes of California, LLC, a California liability company (“Lennar”) and JEN HOLDCO 24 LLC, a Delaware limited liability company (“JEN”).

By way of background, the City of Ripon (“City”) and Lennar are parties to a Development Agreement for the development of certain real property (the “Subject Property”). Lennar is

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currently the successor to the original “Owners” and the “Developer” as each such term is defined in the Development Agreement; Lennar and JEN are parties to certain agreements (the “Land Banking Documents”) whereby JEN will serve as Lennar’s land bank with respect to the Subject Property. A few of the relevant terms of the Acknowledgement agreement are as follows:
 Section 9 of the Development Agreement provides that the Development Agreement runs with the land and City requires all landowners within the Project to sign the Development Agreement. This Acknowledgment is intended to meet the requirements of the Development Agreement set forth in Section 9, and is executed with the consent of the City. City’s approval of this Acknowledgment shall also constitute approval of any future transfer of the Subject Property by and between Lennar, JEN and/or an Affiliate of Lennar or JEN, and any such future transfers shall not require any further notice to or approval of the City.
 For purposes of this Acknowledgment, an “Affiliate” of a party shall mean an entity in which such party, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such party.

Attachments:

1. Acknowledgement of DA - Meadowood Lennar to JEN HOLDCO

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106514\17828420v4
1 RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Ripon
259 N. Wilma Avenue
Ripon, California 95366

ACKNOWLEDGMENT OF DEVELOPMENT AGREEMENT
This Acknowledgment of Development Agreement (the “Acknowledgment”) is made and entered into this ___ day of _______________, 2024 (“Agreement Date”), by Lennar Homes of California, LLC, a California liability company (“Lennar”) and JEN HOLDCO 24 LLC, a Delaware limited liability company (“JEN”) with reference to the following facts:

A. The City of Ripon (“City”) and Lennar are parties to that certain Development Agreement for the development of real property (the “Subject Property”) dated as of February 13, 2018 and which was recorded on July 3, 2018, as Instrument No. 2018-074286, Official Records of San Joaquin County, California, as amended by that certain First Amendment to Development Agreement dated as of December 13, 2022 and which was recorded January 30, 2023, as Instrument No. 2023-007264 (as so amended, the “Development Agreement”), which relates to that certain real property located in the City as described on attached Exhibit A;
B. Lennar is currently the successor to the original “Owners” and the “Developer” as each such term is defined in the Development Agreement;
C. Lennar and JEN are parties to those certain agreements (the “Land Banking Documents”) whereby JEN will serve as Lennar’s land bank with respect to the Subject Property, and as such: (i) Lennar has agreed to sell to JEN, and JEN has agreed to purchase from Lennar, the Subject Property; (ii) Lennar shall develop the Subject Property pursuant to the Land Banking Documents, and (iii) Lennar has an option to repurchase the Subject Property from JEN; and
D. Section 9 of the Development Agreement provides that the Development Agreement runs with the land and City requires all landowners within the Project to sign the Development Agreement. This Acknowledgment is intended to meet the requirements of the Development Agreement set forth in Section 9, and is executed with the consent of the City.

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. Acknowledgment. The parties hereby acknowledge and agree that notwithstanding the transfer of the Subject Property to JEN, Lennar will continue to develop the Subject Property in accordance with the Land Banking Documents and, as such, shall remain a party to the Development Agreement and retain all rights, duties and obligations of the “Owners” and “Developer” thereunder. This Acknowledgment is executed by JEN, as the current title holder of the Subject Property, in accordance with Section 9 of the Development Agreement.

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Packet Pg. 162 Attachment: Acknowledgement of DA - Meadowood Lennar to JEN HOLDCO (4352 : Acknowledgement of Development Agreement - Lennar 106514\17828420v4
2 3. Future Transfers of Subject Property Between Lennar and JEN or their Affiliates. City’s approval of this Acknowledgment shall also constitute approval of any future transfers of any portion of the Subject Property by and between Lennar, JEN and/or an Affiliate (as defined below) of Lennar or JEN, and any such future transfers shall not require any further notice to or approval of the City. For avoidance of doubt, any such transfer of ownership between JEN and Lennar with respect to the Subject Property shall not transfer the rights, obligations and duties of “Owner” or “Developer” under the Development Agreement, which rights, duties and obligations shall be retained by Lennar. For purposes of this Acknowledgment, an “Affiliate” of a party shall mean an entity in which such party, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such party.

4. Condition. JEN 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, as between JEN and the City, shall be without reference to any underlying agreements or understandings that may exist between JEN and Lennar or other party with respect to the subject matter hereof, and that the City is not a party to such other agreements. [Signatures on Following Page]

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Packet Pg. 163 Attachment: Acknowledgement of DA - Meadowood Lennar to JEN HOLDCO (4352 : Acknowledgement of Development Agreement - Lennar 106514\17828420v4
3 IN WITNESS WHEREOF, the undersigned have executed this Assignment the date and year first above set forth.
“LENNAR”

LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company
Dated: _____________________ By: ___________________________________ Name: ________________________________
Its: ___________________________________
“JEN”
JEN HOLDCO 24 LLC,
a Delaware limited liability company
Dated: _____________________ By: ______________________________________ Name:____________________________________
Its:_______________________________________

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Packet Pg. 164 Attachment: Acknowledgement of DA - Meadowood Lennar to JEN HOLDCO (4352 : Acknowledgement of Development Agreement - Lennar 106514\17828420v4
4 ACKNOWLEDGMENT AND ACCEPTANCE BY CITY
The City of Ripon, California, hereby executes this acknowledgment and acceptance certificate, not as a party to the Acknowledgment of the Development Agreement, but for the purpose of acknowledging the terms thereof, and confirming that the City Council of City has consented to the matters set forth herein and that the City Attorney of City has approved the Acknowledgment as to form in accordance with the Development Agreement referred to above.

By execution of this Acknowledgment and Acceptance, City certifies that the Development Agreement is presently in full force and effect. To the best knowledge of City, Lennar is not in default of any of its obligations under the Development Agreement. Except as stated in the foregoing Acknowledgment of Development Agreement, the Development Agreement has not been amended, modified or supplemented in any way.

The undersigned is duly authorized to sign, acknowledge and deliver this Acknowledgment and Acceptance on behalf of the City, and no other signatures are required or necessary in connection with the execution and validity of this Acknowledgment and Acceptance.

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

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Packet Pg. 165 Attachment: Acknowledgement of DA - Meadowood Lennar to JEN HOLDCO (4352 : Acknowledgement of Development Agreement - Lennar 106514
\17828420v4
Exhibit A
Legal Description

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Packet Pg. 166 Attachment: Acknowledgement of DA - Meadowood Lennar to JEN HOLDCO (4352 : Acknowledgement of Development Agreement - Lennar City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/13/2024
Subject: Meadowood Development Agreement Extension Request RECOMMENDED ACTION:

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

BACKGROUND:

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

The Meadowood Development Agreement was approved in February of 2018, putting the agreement now into its 6th year. Pursuant to the amended development agreement performance clause, after the initial five (5) years given to commence the project, the Developer is entitled to ask for one (1) year extensions for the remainder of the ten (10) year agreement. The City Council may grant or deny any such extension request in their sole discretion.

DISCUSSION/ANALYSIS:

Lennar recently purchased the Meadowood project and has begun work on the development, Subdivision Improvement Agreement and plan check process. The Tentative Map is scheduled to expire on December 31, 2024. Given the recent acquisition of the property by Lennar Homes, this letter serves as their formal request for a 1-year time extension to allow sufficient time to complete the process for approval of the Final Map, which is permitted under the amended Development Agreement.

Staff has reviewed their request, and believes the original and amended Development Agreement is still in the best interest of the City for development in that area. Therefore staff is

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recommending approval of their extension request.

FISCAL IMPACT:

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

Attachments:

1. Meadowood DA Extension Request from Lennar Homes

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August 2, 2024
City of Ripon
Planning Department
259 North Wilma Avenue
Ripon, CA 95366
LENNAR®
RE: 1-YEAR TIME EXTENSION REQUEST

MEADOWOOD DEVELOPMENT AGREEMENT AND TENTATIVE SUBDIVISION MAP Dear Director Zuidervaart,
As owner and developer of the proposed Meadowood subdivision, Lennar Homes of California, LLC (Lennar), respectfully requests a 1-year time extension of the approved Subdivision Map (S17-02) and Development Agreement (DA17-02), approved by the City Council on February 13th , 2018.

Lennar recently purchased the land and has begun work on the development, Subdivision Improvement Agreement and plan check process. The Tentative Map is scheduled to expire on December 31, 2024.

Given the recent acquisition of the property, please accept this letter as our formal request for a 1-year time extension to allow sufficient time to complete the process for approval of the Final Map which is permitted under the amended Development Agreement.

Sincerely,
Kelsey Barclay
Project Manager
2603 Camino Ramon, Suite 525 I San Ramon, CA 94583 I 925-968-8174 I Lennar.com/BayArea

BAY AREA
LENNAR

1.4.K.a
Packet Pg. 169 Attachment: Meadowood DA Extension Request from Lennar Homes (4368 : Meadowood Development Agreement Extension Request) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 08/13/2024
Subject: Lennar Homes Subdivision Improvement Agreement RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Subdivision Improvement Agreement (SIA) between Lennar Homes of California LLC and the City of Ripon.

BACKGROUND:

The Meadowood development project was initially approved on February 13, 2018 and a Development Agreement was entered into between the City of Ripon and Meadowood, LLC.

The development project is located between Fulton Avenue and Goodwin Drive about halfway between Colony Road and Arc Way. The project is a medium density single-family home development project containing eighty-eight (88) homes.

The City Council approved the assignment and assumption of the Meadowood Development Agreement to Lennar Homes of California, LLC (a home builder) on May 14, 2024.

DISCUSSION:

The purpose of the SIA is to guarantee the completion of improvements within the public rightof-way in accordance with the previously approved Development Agreement.

Staff is recommending the City Council approve and authorize the Mayor to sign the attached SIA for the Meadowood development project between Lennar Homes of California, LLC and the City of Ripon.

Attachments:

1. SIA-Meadowood_Final 2024.8.8

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Subdivision Improvement Agreement
Meadowood
1 | Page

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the “Agreement”) for the Meadowood Subdivision is made and entered into in the City of Ripon, County of San Joaquin, State of California, this ______ day of _______, 2024, by and between the CITY OF RIPON, a municipal corporation of the State of California, hereinafter called “City” and Lennar Homes of California LLC, hereinafter called “DEVELOPER” and “OWNER”

WITNESSETH
This Agreement is entered upon the basis of the following facts, understandings and intentions of the City and the Developer.

WHEREAS, On February 13, 2018, the Director of Planning, pursuant to Ripon Municipal Code Title 16, Chapter 16.72, approved the project with conditions (Planning Application #DA17- 02 & S17-02) for an area located at 980 Warren Road and 1050 Warren Road and identified as San Joaquin County Assessor’s Parcels numbered 261-020-44 & 261-650-24 (the “Project Area”).

WHEREAS, Developer is required, as a condition of approval of the Development Agreement, to construct certain public improvements and/or provide certain Guarantees, in such form and amounts as are deemed sufficient by the City Engineer and the City Attorney of the City of Ripon to cover the cost of said improvements, as indicated in the Development Agreement, including maintenance thereof, and certain other Guarantees, all as required by the applicable Ordinances of the City, and as agreed upon by the parties to this Agreement; and WHEREAS, access to and utilities for the project, if necessary, will be provided from Fulton Avenue which is a 102 foot right-of-way, and
WHEREAS, Developer recognizes its responsibility to comply with the Conditions of Approval and the provisions of such Ordinances and the other requirements of the City, and of any other governmental agency, the consent and approval of which may be required in connection with any of the work to be performed under this Agreement.

NOW, THEREFORE, IT IS AGREED by and between Developer and City as follows:

1. Installation of Improvements Developer agrees to prepare and submit “Improvement Plans” to the City Engineering Department for review, approval and signature prior to beginning construction. Developer agrees to construct and complete all required improvements for the Meadowood Subdivision (the “Improvements”) all in accordance with the improvement plans as approved by the Ripon City Engineer.

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Attn: Deputy City Clerk
SPACE BELOW FOR RECORDER’S USE
Exempt from recording fee per Gov. Code § 27383

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Developer agrees to provide for the temporary facilities necessary for the City’s storm water connection to continue to operate during the construction of the SSJID Lateral “V”. Developer shall submit the improvement plans for the SSJID Lateral “V” showing the temporary facilities necessary such that the City’s storm water system is able to continue to pump into the SSJID facilities along with the phasing plans for the Ripon City Engineer approval prior to the SSJID Lateral “V” improvements begin.

Without limiting the generality of the foregoing, Developer agrees all Improvements shall comply with the Conditions of Approval of the Development Agreement DA17-02 dated February 13, 2018, attached hereto as Exhibit “A”, and the conditions of the approved Tentative Subdivision Map # S17-02 attached hereto as Exhibit “B”. Developer agrees to construct full street and utility improvements including but not limited to curbs, gutters, sidewalks, sanitary sewer, storm drains, water lines, landscaping, paseos, and all public utilities, including gas and electricity and telephone, and cable television lines which may be required by the City Engineer, South San Joaquin Irrigation District (SSJID), City Development Standards, and the North Point Specific Plan.

Developer shall enter into a separate Developers Agreement with SSJID, which provides the terms and specifications for the undergrounding of the SSJID lateral “V” prior to construction activities related to this work.

Developer agrees at no cost to the City to provide a set of construction Record Drawings to the City, on 3 mil Mylar, and a copy of the final map and Record Drawings in an AutoCad and PDF electronic format, prior to final acceptance of the improvements.

2. Improvement Security The Final Map shall not be recorded until all Improvements are completed by the Developer and accepted by the City. Notwithstanding the preceding sentence, if the Developer elects to phase the required undergrounding of the SSJID lateral “V” until half of the residential units are built, the City shall phase the recordation of the Final Map as described below:

Final Map - Phase 1: Once all Improvements with the exception of the SSJID lateral “V” are completed and accepted by the City, Final Map – Phase 1 shall be recorded for half of the residential lots that are furthest from the SSJID lateral “V” and Developer shall be authorized to obtain building permits for the residential lots within the Final Map –Phase 1.

Final Map - Phase 2: Once the SSJID lateral “V” is completed and accepted by the City of Ripon and SSJID, Final Map – Phase 2 shall be recorded for the remainder of the residential lots and Developer shall be authorized to obtain building permits for those remaining residential lots.

Developer shall deposit simultaneously with the signing of this Agreement, a Faithful Performance Improvement Bond and a Labor and Material Bond, each in the total amount of $470,975, for the estimated cost of the Fulton Avenue and Goodwin Drive improvements. Developer may submit cash, certified check, letter of credit, or other evidence satisfactory to the City Attorney of the City of Ripon in lieu of bonds to cover the estimated cost of the construction of and completion of improvements for Fulton Avenue and improvements for Goodwin Drive as shown on the approved improvement plans and accompanying cost estimate, attached hereto as “Exhibit C”, as approved by the Ripon City Engineer.

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3. Use of Improvement Security In the event that Developer shall fail to complete the SSJID lateral “V” improvement, Fulton Avenue improvements and/or Goodwin Drive Improvements enumerated above, or any part thereof in accordance with the provisions of this Agreement, the Conditions of Approval of the Development Agreement DA17-02 dated February 13, 2018, and other applicable Ordinances of the City of Ripon, or laws applying thereto, and the Plans therefore, within two years of the date of this Agreement, the City, upon thirty (30) days prior written notice to Developer, shall have the immediate right to take over and complete the same, and shall have the further right to immediately call upon the guarantor, bank, or surety company of Developer for reimbursement of its costs, or to appropriate from the cash deposit or any other financial instrument made or given by Developer to City as a guarantee hereunder, sufficient monies for complete reimbursement to the City of any and all reasonable costs which may be incurred by City in connection with the completion of any of the improvements or agreements, as hereinabove set forth. Any excess of such cash or other deposits or bond over and above all costs incurred by the City to complete the same, shall be refundable to Developer, or any applicable guarantor, bank or surety company. If the total amount of such costs of improvements expended by City exceeds the amount of any such cash or other deposit or bond previously posted by the Developer, the Developer and the Owner shall immediately become personally liable to City for any such additional sum, and shall immediately pay the excess cost to City within thirty (30) days after written demand made therefore by City. City will release the Improvements Security upon final acceptance of the Improvements and receipt of the Maintenance Bond described in Section 4 below.

4. Warranty Bond for City Improvements Developer shall deliver to City at the time of the final acceptance by City of any of the improvements, a warranty bond or bonds, or other satisfactory form of security, in the amount of $1,251,785 which shall continue in force for a period of one (1) year after completion and final acceptance by City to guarantee City the satisfactory performance, functioning, and repair of the improvements constructed by Developer and accepted by City hereunder. The bond may be either in the form of a cash deposit, certified check, certificate of deposit, letter of credit payable to the City of Ripon, or other satisfactory evidence of financing, or a surety bond executed by a surety company authorized to transact business in the State of California and satisfactory in form to the City Attorney. Should any of the improvements constructed hereunder fail in any manner to properly function and perform, and require maintenance, repair, or rebuilding for any reason related to the quality of the work or material during the one (1) year period as set forth by the City Council for the continuance of the warranty bond, and should Developer fail after thirty (30) days’ written notice by City to immediately remedy and repair any such malfunction or defect, City shall have the immediate right to correct the deficiency and call upon the surety for reimbursement for any of the costs expended by City to properly maintain, repair, or rebuild the improvements, or shall have the absolute right to appropriate from any cash or other deposits of Developer hereunder sufficient sums for reimbursement to the City of any costs which the City may have expended in connection with the repair or maintenance of any of the improvements. Any excess of such cash or other deposits or bonds over all costs incurred by the City in connection with any repair, maintenance, or rebuilding shall be refunded to the Developer or any applicable guarantor, bank of Surety Company upon the expiration of the one (1) year period of warranty as herein provided. If the total costs exceed the amount of such cash, deposits, or bonds, the Developer and the Owner shall become personally liable to the City for any such additional sum, and shall immediately pay such excess cost to City within (30) days after written demand by the City therefore. For avoidance of doubt, Developer shall not be responsible for ordinary maintenance of the Improvements not related to the quality of the work or material after acceptance of the Improvements.

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5. Development Fees Developer further agrees to pay to City, simultaneously with the signing of this Agreement, the following development fees based on the improvements plans and accompanying cost estimate, attached hereto as “Exhibit C:

A Inspection Fee (3% of Imp. Costs) $150,214.14
B Plan Checking Fee (3% of Imp. Costs) $150,214.14
C Mapping/GIS Fee (1% of Imp. Costs) $50,071.38
D Preparation of Subdivison Improvement Agrement Fee $1,000.00 E Benefit Assessment District Fee $164,122.72
F Wireless Government Network $24,094.40
G Affordable Housing In-Lieu Fee $407,728.20
H Habitat Mitigation $116,647.44
Total Development Fees $1,064,092.42
Less prior payments (Ck#33132 dated 11/15/19) -$1,000.00 TOTAL DEVELOPMENT FEES DUE $1,063,092.42
Please note that there may be other applicable fees such as storm water development permit fees, survey monument preservation fees, and/or building fees associated with the project that need to be paid separately at the time of each corresponding permit issuance.

6. City Inspection and Approval The construction of all Improvements hereunder are at all times subject to the inspection and final approval of the Ripon City Engineer or any other designated inspector of City, including the final inspection thereof, and their decision shall be conclusive as to the satisfactory completion of the improvements. In addition, in the implementation of this Agreement, any discharge by Developer of any storm drainage water into the Stanislaus River shall also be subject at all times to such further approval as may be required of any governmental agencies having jurisdiction over any such discharge.

7. Extensions No extension of time or release of surety bond, cash, or other deposit shall be made except upon a certification of the Ripon City Engineer or other designated engineer of work, that the work performed and covered by this Agreement and guaranteed by the Faithful Performance Improvements Bonds or any cash deposits required hereunder has been satisfactorily completed, approved, and finally accepted by the Ripon City Council.

8. Assignment It is agreed that, until completion of the required Improvements and final acceptance by City, Developer shall not have the right to transfer or assign this Agreement or to transfer or assign any right, title, and interest in any of the real property on which the Improvements are to be constructed to any third person or persons, without first obtaining the prior written consent by City to any such transfer, which consent may be withheld or conditioned in the absolute discretions of City. In any event, no sales or transfer of interest in any of the individual residential lots created by Meadowood Subdivision final maps shall occur until all improvements contemplated hereunder for inclusion in the Meadowoood Subdivision respectively shall have been first completed by Developer and accepted by City or Developer has received written consent from City to transfer said lots.

9. Attorney’s Fees In the event it becomes necessary to enforce any of the provisions of this Agreement by Court action, the prevailing party shall be entitled to reasonable attorney’s fees as may be awarded by a Court of competent jurisdiction.

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10. Insurance Developer agrees to provide the City evidence showing the City listed as an additional insured by Developers insurance carrier, the general contractor’s and subcontractor’s insurance carriers.

11. Geotechnical Report Developer, at its sole expense, shall provide the City Engineering Department with a Geotechnical Report for the Subdivision, in a form satisfactory to the City Engineer.

12. Boundary Encroachments Developer shall resolve any boundary encroachment problems prior to recording the Final Map.

13. Wireless Government Network Owner/Developer agrees to provide its proportionate share of equipment and installation costs to provide City Wireless Government Access Points/Routes or other necessary equipment reasonably necessary to provide government access in the Project Area to the City of Ripon Wireless Government Network. City shall provide the current specifications and equipment needed and the Developer shall pay $24,094.40 for their fair share of costs of such equipment simultaneously with the signing of this Agreement. If City requests equipment intended to provide access to property outside the Project Area, Developer shall not be responsible for the increased cost associated with providing access beyond the Project Area.

14. Affordable Housing in-lieu fees In-lieu of constructing affordable housing within the project, the developer has opted to pay an affordable housing in-lieu fee allowed pursuant to the City of Ripon’s affordable housing ordinance (RMC Title 16.194). The total in-lieu fee for the Meadowood project totals $407,728.20, given a fair market value of $680,000.00 per unit with the current FHA limit of $656,650.00. The entire affordable housing in-lieu fee shall be paid simultaneously with the signing of this Agreement.

In Lieu Fee Calculation:
($680,000-$656,650) + (656,650 x 0.035) = $46,332.75/10 = $4,633.28 x 88= $407,728.20

15. Air Pollution Permitting Developer acknowledges and agrees to comply as applicable, with San Joaquin Valley Air Pollution Control District Rule 8021-Construction, Demolition, Excavation, Extraction and Other Earthmoving Activities, which requires the owner or operator of a construction project to submit a Dust Control Plan to the District if at any time the project involves:
• Residential developments of ten or more acres of disturbed surface area, • Non-residential developments of five or more acres of disturbed surface area, or • Moving, depositing, or relocating of more than 2,500 cubic yards per day of bulk materials on at least three day of the project.
• See Website for more details: www.valleyair.org

16. Water Metering Devices The Developer shall install a self-reporting water Meter system, meter setting device and meter box as approved by the City Engineer. The selfreporting water meter system will be of similar type and approved by the City Engineer. Water Meters are required at time of final inspection of home construction.

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17. LED Street Lights The Developer shall install LED street lights as approved by the City Engineer.

18. Joint Trench Utilities The joint trench shall include electric, gas, and teleCommunications infrastructure. The Developer shall submit the joint trench plans to the City Engineer for approval of an Encroachment Permit prior to installing the joint trench infrastructure in compliance with the City’s municipal code.

19. Storm Water Development Standards Developer agrees to develop the site in Accordance with the most current City of Ripon Storm Water Development Standards. The Operation/Maintenance Plan and Statement of Responsibility shall be recorded prior to final acceptance of improvements.

20. North Pointe Specific Plan The Improvement Plans shall depict, and Developer agrees to install, the required improvements and amenities adjacent to or within the project boundaries as specified in the North Point Specific Plan. Without limiting the generality of the foregoing, these items shall include a landscaped median along Goodwin Drive, lighted crosswalks at roundabouts (safe route to school), undergrounding of canal (lateral “V”) along Fulton Avenue, and modifications to Dexter Way. Furthermore, the design of any and all of the aforementioned improvements shall be determined and approved by City Engineer.

Developer further agrees to pay to City the following development fees based on the improvements plans and accompanying cost estimate, attached hereto as “Exhibit C”:

Fee Fee Credit Adj Fee
A Transportation $191,086.72 -$27,820.00 $163,266.72
B Drainage Improvements $71,155.92 -$71,155.92 $0.00
C Parks & Paseos -$27,686.56 -$27,686.56
D Pedestrian Crossing $19,406.64 -$13,781.25 $5,625.39
E Landscape & Signage $36,354.56 $36,354.56
F Specific Plan Cost $28,850.80 $28,850.80
Total North Pointe Development Fees $319,168.08 -$112,757.17 $206,410.91 In consideration of installing the improvements and amenities previously described, the Developer is eligible for a fee credit of $112,757.17, thereby reducing the North Point Specific Plan fee to $206,410.91, or $2,345.58 for each of the 88 lots and shall be paid incrementally by the Developer at the time of submitting each residential permit.

21. The City agrees to enter into a Reimbursement Agreement for the SSJID Canal “V” undergrounding based on the fee being collected through the buildout of the North Pointe Specific Plan. The total amount to be collected is $1,158,491.60. After consideration of the Fee Credit noted in the table above of $71,155.92, the amount to be reimbursed to the Developer as this fee is collected from other developments within the North Pointe Specific Plan is $1,087,335.68.

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Notwithstanding any other provision of this Agreement, City’s cooperation shall in no way guarantee that the terms of the Reimbursement Agreement will be preferred by Developer, or that Developer will be guaranteed any specified amount of reimbursement within the life of the Reimbursement Agreement.

22. Landscape Maintenance District The formation of the landscape Maintenance District as contemplated within the Development Agreement shall occur prior to the Final Map for the subdivision is recorded, or at the discretion of the City Engineer. Developer agrees to provide all necessary information and/or documentation to allow City to complete the formation of the Landscape Maintenance District.

23. Home Owners Association (HOA) The formation of a Home Owners Association (HOA) as contemplated within the Development Agreement shall occur prior to the sale of any individual residential lot created by a Meadowood Subdivision final map. Developer agrees to provide all necessary information and/or documentation to the City of Ripon evidencing the formation of a Home Owners Association for the Meadowood project covering maintenance of all walls within the project; maintenance of all common driveways within the project (such maintenance shall include all utilities located within the common driveway area, such as sewer lines, storm lines, and water lines to the point of connection at the City mainline; maintenance of all red-curbing and/or no parking signage throughout the project, maintenance of all landscaping within the project, including entry feature and paseo parkway; include language within the HOA documents to self-regulate and provide parameters regarding on-site parking. Draft Covenant Condition and Restrictions shall be reviewed and approved by the City of Ripon prior to the recordation of the first final map and shall be subject to changes required by the Department of Real Estate.

24. Fee Protest Developer hereby waives any right to protest and/or subsequently to bring legal action against the City challenging the amount and/or manner of imposition of development related fees as set forth in this Agreement.

25. Agreement This Agreement shall not become effective until Developer executes this Agreement, furnishes the Faithful Performance Improvement Bond and Labor and Materials Bond or other security required by this Agreement, pays the Developer fees and obtains all required signatures on the Final Map as necessary for recordation of the Final Map.

IN WITNESS WHEREOF, the parties have hereunder set their hand the day and year first above written.
“CITY” “DEVELOPER” and “OWNER”
CITY OF RIPON, a Municipal Corporation Click or tap here to enter text. *By *By
Leo Zuber, Mayor Click here to enter text.

Attest
Lisa Roos, City Clerk
* Signature(s) must be accompanied by an
attached notary acknowledgement

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ACKNOWLEDGEMENT
State of California
County of ______________________
On ___________________before me, ____________________________, Notary Public personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________ (seal)

ACKNOWLEDGEMENT
State of California
County of ______________________
On ___________________before me, ____________________________, Notary Public personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________ (seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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EXHIBIT B

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Packet Pg. 253 Attachment: SIA-Meadowood_Final 2024.8.8 (4351 : Lennar Homes Subdivision Improvement Agreement) UNIT
ITEM DESCRIPTION QUAN. UNIT COST AMOUNT
I. ON-SITE, OFF-SITE, & LANDSCAPE IMPROVEMENTS
A. SITE GRADING (SUBDIVISION LOTS)

1. SITE GRADING 9,598 CY $4.02 $38,565

2. TEMPORARY EROSION CONTROL / SWPPP PROTECTION 1 LS $11,910.50 $11,911 ---------------------------------
SUB-TOTAL $50,475
B. STREET WORK

1. DECORATIVE PAVERS 96,748 SF $14.70 $1,422,196

2. CONCRETE DRIVEWAYS (4" CONCRETE / 2" AB) 2,382 SF $9.10 $21,676

3. ROLLED CURB AND GUTTER (C&G) 2,211 LF $20.17 $44,600

4. 6" CURB AND GUTTER 2,318 LF $20.17 $46,759

5. ROLLED C&G TO VERTICAL C&G TRANSITION 64 LF $39.48 $2,527

6. TYPE D VERTICAL CURB 934 LF $22.88 $21,368

7. 6" WIDE FLUSH CONCRETE CURB 501 LF $20.17 $10,106

8. 2' WIDE VALLEY GUTTER 509 LF $25.58 $13,022

9. 6' SIDEWALK 14,482 SF $5.60 $81,099

10. CURB RETURN RAMPS (LABOR ONLY) 5 EA $1,820.00 $9,100

11. MID-BLOCK RAMPS (LABOR ONLY) 3 EA $1,820.00 $5,460
---------------------------------
SUB-TOTAL $1,677,913
C. SANITARY SEWER

1. 8" SDR 26 P.V.C. 2,026 LF $54.91 $111,242

2. 6" SDR 26 P.V.C 1,058 LF $38.95 $41,209

3. MANHOLE, STANDARD 14 EA $4,900.00 $68,600

4. LAMPHOLE 7 EA $1,107.00 $7,749

5. 4" SEWER SERVICE 88 EA $1,250.50 $110,044

6. CONNECT TO EXISTING SEWER 1 EA $36,535.10 $36,535
---------------------------------
SUB-TOTAL $375,379

1. 8" C900 DR-18 P.V.C. 2,899 LF $53.14 $154,041

2. 6" C900 DR-18 P.V.C. 201 LF $46.08 $9,263

3. 1" P.V.C. LATERAL IN COURTYARDS 1,975 LF $18.61 $36,763

4. 12" GATE VALVE 2 EA $3,341.50 $6,683

5. 8" GATE VALVE 17 EA $2,701.90 $45,932

6. 6" GATE VALVE 2 EA $2,665.00 $5,330

7. BLOWOFF VALVE 3 EA $1,689.20 $5,068

8. 1" WATER SERVICE 88 EA $2,681.40 $235,963

9. FIRE HYDRANT ASSEMBLY (350' SPACING) 6 EA $10,754.30 $64,526

10. TIE IN / TESTING AND DISINFECTION 2 EA $13,427.50 $26,855 ---------------------------------
SUB-TOTAL $590,424
E. STORM DRAINAGE

1. 24" R.C.P. 451 LF $78.93 $35,595

2. 18" R.C.P. 1,350 LF $69.99 $94,482

3. 15" R.C.P. 810 LF $68.27 $55,295

4. 12" R.C.P. 84 LF $62.12 $5,218

5. STORM DRAIN MANHOLES 12 EA $5,018.40 $60,221

6. CATCH BASINS 11 EA $3,500.00 $38,500

7. AREA DRAINS 5 EA $3,480.90 $17,405

8. BUBBLE-UP STRUCTURE 4 EA $3,403.00 $13,612

9. 18" FLARED END SECTION 4 EA $1,303.80 $5,215
UNIT
ITEM DESCRIPTION QUAN. UNIT COST AMOUNT

RIPON, CALIFORNIA
5/4/2024
D. WATER SYSTEM

PRELIMINARY OPINION OF PROBABLE COST
FOR

MEADOWOOD SUBDIVISION
TRACT NO. 4019
88 SINGLE FAMILY LOTS

12.98± ACRES
1 EXHIBIT C 1.4.L.a
Packet Pg. 254 Attachment: SIA-Meadowood_Final 2024.8.8 (4351 : Lennar Homes Subdivision Improvement Agreement)

10. 12" FLARED END SECTION 6 EA $1,338.24 $8,029

11. RIPRAP PROTECTION (6" DIA. MIN.) 272 SF $9.59 $2,610

12. CONNECT TO EXISTING STORM DRAIN 1 EA $35,600.30 $35,600 ---------------------------------
SUB-TOTAL $371,782
F. NON POTABLE WATER SYSTEM

1. 8" P.V.C. (PURPLE PIPE) 3,314 LF $72.65 $240,769

2. 1" P.V.C. (PURPLE PIPE) IN COURTYARDS 2,206 LF $18.61 $41,062

3. 8" GATE VALVE (PURPLE WATER VALVE) 20 EA $2,837.20 $56,744

4. 12" GATE VALVE 4 EA $3,394.80 $13,579

5. TIE IN TO EXISTING NON POTABLE WATER 2 EA $18,499.20 $36,998

6. 1" SERVICE (PURPLE PIPE) 88 EA $1,353.00 $119,064

7. BLOWOFF VALVE 5 EA $3,850.00 $19,250
---------------------------------
SUB-TOTAL $527,467
G. MISCELLANEOUS ITEMS

1. STRIPING / SIGNAGE 1 LS $7,790.00 $7,790

2. CITY STANDARD STREET LIGHT 13 EA $7,663.39 $99,624

3. "STOP" W/BAR BASALITE 4X8 80mm MT. SHASTA WHITE PAVER 1 LS $1,189.00 $1,189 ---------------------------------
SUB-TOTAL $108,603
H. FULTON AVENUE

1. STREET WORK
a. EXISTING PAVEMENT REMOVAL (5" A.C. / 10" A.B.) 4,298 SF $1.19 $5,110 b. 6" VERTICAL CURB AND GUTTER REMOVAL 450 LF $14.00 $6,300 c. 6" VERTICAL CURB REMOVAL 514 LF $14.00 $7,196
d. STRIPPING AND SIGNAGE REMOVAL 1 LS $6,970.00 $6,970
e. GRADING 1 LS $14,627.16 $14,627
f. PAVEMENT (5" A.C. / 10" A.B.) 25,481 SF $5.07 $129,128 g. 6" VERTICAL CURB AND GUTTER 879 LF $20.17 $17,731
h. MEDIAN CURB TYPE "C" 1,107 LF $22.88 $25,326
i. CONCRETE SIDEWALK 6,496 SF $5.60 $36,378
j. CONCRETE DRIVEWAYS (4" CONCRETE / 2" AB) 250 SF $9.10 $2,275 k. RETROFIT EXISTING STREET LIGHT WITH DOUBLE ARM 1 EA $9,824.26 $9,824 l. RELOCATE EXISTING LIGHT AND RETROFIT 1 EA $4,912.13 $4,912 m. ACCESSIBLE RAMPS (LABOR ONLY) 2 EA $1,820.00 $3,640
---------------------------------
SUB-TOTAL $269,417

2. NON POTABLE WATER SYSTEM
a. 12" PURPLE PIPE 402 LF $145.14 $58,346
b. 12" BUTTERFLY VALVE 2 EA $3,452.20 $6,904
c. TEMPORARY BLOWOFF VALVE 1 EA $1,799.90 $1,800
d. CONNECT TO EXISTING 12" NON-POTABLE WATER LINE 1 EA $18,869.84 $18,870 ---------------------------------
SUB-TOTAL $85,920
I. FULTON AVENUE AND COLONY ROAD ROUND-A-BOUT CROSSING IMPROVEMENTS

1. PAVEMENT (5" A.C./10" A.B.) REMOVAL 1,499 SF $2.26 $3,380

2. PAVEMENT (5" A.C./10" A.B.) 215 SF $5.89 $1,266

3. CONCRETE COBBLESTONE 883 SF $9.84 $8,689

4. DRIVE OVER CURB AND GUTTER 414 LF $32.80 $13,579

5. TRUNCATED DOMES 4 EA $766.70 $3,067

6. STRIPING 1 LS $2,870.00 $2,870
---------------------------------
SUB-TOTAL $32,851
J. FULTON AVENUE AND SANTOS AVENUE ROUND-A-BOUT CROSSING IMPROVEMENTS

1. PAVEMENT (5" A.C./10" A.B.) REMOVAL 1,712 SF $2.26 $3,861

2. PAVEMENT (5" A.C./10" A.B.) 228 SF $5.89 $1,342

3. CONCRETE COBBLESTONE 1,085 SF $9.84 $10,676
UNIT
ITEM DESCRIPTION QUAN. UNIT COST AMOUNT

4. DRIVE OVER CURB AND GUTTER 263 LF $32.80 $8,626

5. TRUNCATED DOMES 4 EA $766.70 $3,067

6. STRIPING 1 LS $2,870.00 $2,870
2 1.4.L.a
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SUB-TOTAL $30,443
K. FULTON AVENUE AND CINDY DRIVE SCHOOL CROSSING IMPROVEMENTS

1. PAVEMENT (5" A.C./10" A.B.) REMOVAL 896 SF $2.26 $2,020

2. GRIND EXISTING STRIPING 1 LS $2,788.00 $2,788

3. DEMO EXISTING CURB AND GUTTER 125 LF $14.00 $1,750

4. DEMO EXISTING CONCRETE RAMPS 348 SF $4.10 $1,427

5. PAVEMENT (5" A.C./10" A.B.) 293 SF $5.89 $1,725

6. VERTICAL CURB AND GUTTER 141 LF $20.17 $2,844

7. CONCRETE RAMPS 160 SF $56.00 $8,960

8. TRUNCATED DOMES 2 EA $766.70 $1,533

9. STRIPE CROSSWALK AND STOP BAR 1 LS $1,476.00 $1,476
---------------------------------
SUB-TOTAL $24,524
L. GOODWIN AVENUE STREET WORK

1. EXISTING PAVEMENT REMOVAL (5" A.C. / 10" A.B.) 1,905 SF $2.26 $4,296

2. GRADE FOR CONCRETE 1 LS $1,722.00 $1,722

3. MEDIAN CURB TYPE "C" 487 LF $28.29 $13,777

4. BACKFILL PLANTER AREAS 1 SF $820.00 $820

5. PAVEMENT (5" A.C. / 10" A.B.) 980 SF $5.89 $5,770

6. STRIPING & SIGNAGE 1 LF $1,435.00 $1,435
---------------------------------
SUB-TOTAL $27,820
M. LANDSCAPE IMPROVEMENTS

1. CONCRETE SIDEWALK 3,068 SF $3.69 $11,321

2. CONCRETE PAVING WITH ENHANCED SCORING 947 SF $4.80 $4,543

3. LINEAR PATIO PAVERS 712 SF $19.93 $14,187

4. CONCRETE CURB AT PLAY AREA 38 LF $10.33 $393

5. SEAT WALL 49 LF $309.96 $15,188

6. HALF WALL WITH FENCE ON TOP 442 LF $234.68 $103,730

7. FULL HEIGHT WALL 158 LF $139.48 $22,038

8. STONE VENEER PILASTER 7 EA $2,867.13 $20,070

9. BOLLARD 6 EA $504.05 $3,024

10. BLOCK PILASTER 5 EA $2,324.70 $11,624

11. POLE LIGHT 2 EA $3,690.00 $7,380

12. TRANSFORMER / COMMON AREA HOOK-UP 1 LS $7,380.00 $7,380

13. FINISH GRADING 17,017 SF $0.48 $8,163

14. POINT OF CONNECTION, BACKFLOW, FLOW SENSOR, ETC. 2 EA $3,177.09 $6,354

15. CONTROLLER AND WEATHER SENSOR 2 EA $6,199.20 $12,398

16. KLA #10 8' CMU BLOCK WALL 975 LF $167.53 $163,338

17. KLA #11 SEAT WALL 32 LF $552.02 $17,665

18. KLA #13 ENHANCED WALL SECTION 65 LF $489.29 $31,804

19. KLA #14 6' CMU WALL 895 LF $143.17 $128,139

20. KLA #15 LOW CMU WALL 146 LF $320.29 $46,763

21. KLA #16 CMU PILASTER W/ BRICK VENEER & PRECAST 1 LS $2,642.04 $2,642

22. KLA #17 MID WALL PILASTER 17 EA $3,043.51 $51,740

23. KLA #18 END WALL PILASTER 10 EA $3,603.65 $36,037

24. KLA #19 ENHANCED PILASTER 3 EA $4,404.38 $13,213
25 KLA #20 & #21 EVA GATE & TUBE FENCE 1 LS $39,239.46 $39,239

26. KLA #27 TRANSITION PILASTER 7 EA $3,363.07 $23,541

27. LOW TUBULAR STEEL FENCE 113 LF $80.44 $9,090

28. WET-SET COBBLE IN MEDIAN (CALLOUT #25) 227 SF $18.45 $4,188

29. COBBLE DISSIPATERS (CALLOUT #26) 144 SF $3.32 $478

30. IRRIGATION SLEEVES 1 LS $18,450.00 $18,450
---------------------------------
SUB-TOTAL $834,120
ON-SITE, OFF-SITE, & LANDSCAPE CONSTRUCTION TOTAL =====> $5,007,138 3 1.4.L.a
Packet Pg. 256 Attachment: SIA-Meadowood_Final 2024.8.8 (4351 : Lennar Homes Subdivision Improvement Agreement) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 08/13/2024
Subject: McManis Family Vineyards Donation
RECOMMENDED ACTION:

Accept the donation from the McManis Family Vineyards to be used for the purchase of a Paraclete Vanguard Level III Rifle Rated Shield (donation: $2,319.53).

BACKGROUND:

The donor has provided funds to the department to assist in paying for equipment to be utilized by officers. The McManis Family Vineyards has donated the funds to enable the department to purchase a Paraclete Vanguard Level III Rifle Rated Shield. With the purchase of this equipment, the Ripon Police Department will now be equipped with one rifle rated shield This shield provides rifle level threat protection. This shield will be easily accessible to officers in order to be quickly deployed when responding to calls like building searches, shots-fired investigations, and armed subjects. This will make our community and officers safer.

FISCAL IMPACT:

The total cost of the Paraclete Vanguard Level III Rifle Rated Shield is estimated to be $10,319.53. After the donation from the McManis Family Vineyards, the fiscal impact would be $8,000 funded by the General Department Capital Fund (balance as of June 30, 2024 is $2,783,963).

Attachments:

1. Shield Quote

2. Donation Proposal

1.4.M
Packet Pg. 257

GUARDIAN UNIFORM
1801 PAGE BLVD
SPRINGFIELD, MA 011051
(413) 858-8880, STORE
[email protected]
www.GuardianUniform.com
Name / Address

RIPON POLICE DEPARTMENT
Lt. Jared Heuvel
RIPON, CA 95366
Item Description

PARACLETE PARACLETE VANGUARD LEVEL DJ
Ship To
City of Ripon Police
Lt. Jared Heuvel
259 N. Wilma Ave.

Ripon, CA 95366
QUOTE
Date
8/2/2024
Rep Estimate#
TG 2546
Qty Cost Total
I 9,650.00 9,650.00T
SH3OASVSVIHILI VANGUARD-VS 20X30 WNIEWPORT & LIGHT$
17,226
SHlPPING-2 SHlPPING-2
VALID30DAYS PRICING VALID FOR 30 DAYS FROM DATE
Product availability, prices and delivery dates are based upon current information at the time of quote. All information is subject to reconfirmation upon finalization of order. Armor, special order or customized items and certain other products may not be returned.

62.50 62.S0T

0.00 0.00
Subtotal $9,712.50
Sales Tax (6.25%} $607.03
Total $10,3 19.53

1.4.M.a
Packet Pg. 258 Attachment: Shield Quote (4369 : McManis Family Vineyards Donation)

DONATION PROPOSAL
ame of Donor: __ \½___,.,,,. ~-... M~ .O~ X'\ - · ........ ,s-=---~...__._es ...... vY\. ~ l ..... \_'y_ \_/_,__\ Y\ a......u,.. Q_.\-+1 ....... Q._ (~ d ~S~- 1 ( Addres : ~ {) D 6 . '.Q \ ve.t ity: £1 fX:2 0 tale: Cf\ Zip: Dis 3 {e b De cription of donation: Hi€. 1\-/VIO..,wl or- 12.., slo/, S3 Is donation restricted? ..l\L ye no If yes, what are the restri lion on the u e of the d nation? Fv~5 ~ l&-e Li-#:=SG lt:w!f::L(.,)::.,frJ::L S IU:cllA CDfl. !Ji,tM',((pL Donor estimate of current value: ______ ,_2~1'--"3"""-'-/ ......_ '1 1 .,.5 ... ,.... ? ___________ _ How was e ·timated value con ·idered? l:::>o U.Alt
Potential immedi ate or initial acquisition or inslallation co t? - w --
Any on-going maintenance or replacement co t? __ ye £ no If ye , who i re ponsible for the cost ?
Preferred donor acknowledgement (e.g., letter of recognition, certificate f acknowledgement, donor plaque etc):

N
Additional information:
~,+~ l,)j.f-~ '1'o
Attachments: --A- ye __ no (e.g., ite plans, picture , drawing , etc). ~,;ti-IA & ve,lt:

The above i a omplete Ii ti ng of the donation to be made to the City of Ripon.

Date ~ai:)
___ ~
TOfiJ1E
of Donor
111
~
CJr)tVJ I~
Name and ontact Information

1.4.M.b
Packet Pg. 259 Attachment: Donation Proposal (4369 : McManis Family Vineyards Donation) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 08/13/2024
Subject: Grant Deed_Saundra Reeves and Jeramiah Reeves
RECOMMENDED ACTION:

Requesting Council adopt the Resolution accepting a Grant Deed by Saundra Reeves and Jeramiah Reeves for certain real property to the City of Ripon in connection with the Picture Perfect Grooming Project (124 N. Locust Ave) and authorize the Mayor to sign and execute any and all documents necessary to complete the aforementioned transaction.

Attachments:

1. Picture Perfect ROW Dedication Signed
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RESOLUTION NO. 24-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ACCEPTING A GRANT DEED OF CERTAIN REAL

PROPERTY TO THE CITY OF RIPON
WHEREAS, Saundra Reeves and Jeramiah Reeves, herein referred to as “GRANTOR” are the owners of real property located in Ripon at 124 N. Locust Ave, San Joaquin County, California 95366 described in Exhibit “A” and “B” of the Grant Deed, attached hereto; and WHEREAS, the ownership of the Property by the City of Ripon, herein referred to as “GRANTEE”, will further the public interest; and
WHEREAS, by execution of the Grant Deed attached hereto, Grantor conveyed the Property to the City of Ripon; and
WHEREAS, Government Code section 27281 mandates that deeds or grants conveying any interest or easement upon real property to a governmental agency for public purposes shall not be accepted by the County for recordation without consent of the grantee evidenced by its certificate or resolution of acceptance attached to or printed on the grant deed.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon, does hereby accept the aforementioned Grant Deed from Saundra Reeves and Jeramiah Reeves.

The Mayor is authorized to sign and execute any and all documents necessary to complete the aforementioned transaction.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of August, 2024, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk
Packet Pg. 261
a
Packet Pg. 262 Attachment: Picture Perfect ROW Dedication Signed (24-33 : Grant Deed_Saundra Reeves and Jeramiah Reeves) a
Packet Pg. 263 Attachment: Picture Perfect ROW Dedication Signed (24-33 : Grant Deed_Saundra Reeves and Jeramiah Reeves) a
Packet Pg. 264 Attachment: Picture Perfect ROW Dedication Signed (24-33 : Grant Deed_Saundra Reeves and Jeramiah Reeves) a
Packet Pg. 265 Attachment: Picture Perfect ROW Dedication Signed (24-33 : Grant Deed_Saundra Reeves and Jeramiah Reeves) a
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Attachment: Picture Perfect ROW Dedication Signed (24-33 : Grant Deed_Saundra Reeves and Jeramiah Reeves) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Spencer Schroen,
Date: 08/13/2024
Subject: South of Main Resurfacing Project Change Order #1 RECOMMENDED ACTION:

Approve Change Order No. 1 for various changes to the South of Main Resurfacing Project contract documents along with the reconstruction of Third Street, in the not to exceed amount of $337,976.83 (funding sources: Street & Road Operating Fund and Street & Road Reconstruction Fund).

BACKGROUND:

The South of Main Resurfacing Project was awarded to American Pavement Systems, Inc. at the April 9, 2024 City Council meeting for an amount of $1,576,800.00. The South of Main Resurfacing Project includes the resurfacing of various streets in the area of Vera Avenue, Fourth Street, Seventh Street and Robert Avenue.

DISCUSSION:

The South of Main Resurfacing Project has the following contract changes that are recommended to be paid from the Street & Road Operating Fund:
1a. 26-Foot Drainage Grate System: The contract documents included a concrete driveway ramp to be installed on Wilma Ave. The plans did not reference the drainage grate system needed as part of this installation. The additional cost related to this change is $5,624.30.
1b. Jack Tone Slurry/Stripe: The developer of the gas station and car wash at Jack Tone Rd and Canal Blvd was required to provide a slurry seal on Jack Tone Rd. Rather than complete the work as part of the development project, the developer submitted a $30,000 payment to the City for this work to be included as part of the South of Main Resurfacing Project, which has been deposited into the Street & Road Operating Fund. The additional cost related to the slurry seal and restriping is $30,570.50.

Packet Pg. 267
1c. Sidewalk Reconstruction: The contract documents included a line item for $50,000 to be used for various sidewalk work throughout the project area. Six additional ADA ramps were constructed along Vera Avenue and Seventh Street that were not included in the contract documents. The total cost related to this work is $68,417.35. The additional cost related to this bid item is $18,417.35.
1d. Additional Asphalt Removal and Replacement: The contract documents identified areas within the project area where asphalt was to be removed and replaced with a 6-inch section of hot-mix asphalt. Staff identified additional areas (some of which were recent utility repairs by Public Works that occurred after the design was completed) that needed to be replaced and requested a price from the contractor. The additional cost related to these changes is $31,714.68.
1e. Chip Seal Omission Library Parking Lot: The original contract documents included the three-layer system be installed on the library parking lot. The contractor was unable to apply the chip seal layer because of the dimensions of the parking lot. Therefore, the chip seal that was to be put on the library parking lot was omitted. The credit related to this change is $5,000.00.
1f. 4” Grind and Overlay of Linda Ave: The contract documents included the three-layer system to be applied on Linda Ave. Because of the significant bumps that are present on the north half of Linda Ave, the contractor has been requested to provide a cost to grind this area and provide an overlay of asphalt. The additional cost related to this change is $94,050.00.
1g. 3-Layer Omission on Linda Ave: A portion of Linda Ave was determined to need a more extensive treatment than a 3-layer so a portion of the 3-layer was omitted. The credit related to this change is $9,000.00.

The South of Main Resurfacing Project has the following contract change that is recommended to be paid from the Street & Road Reconstruction Fund:
2a. Third Street Reconstruction: The contract documents did not include Third Street as part of the project. This street is not included within the project area, but is a cul-de-sac that connects to Vera Ave, which is a part of the contract. The condition of Third Street is such that requires a complete reconstruction. Staff has requested a price from the contractor to perform a full reconstruction of this road. The additional cost related to this change is $171,600.00.

FISCAL IMPACT:

The attached Change Order No. 1 is in the amount of $337,976.83 and will be funded through the Street & Road Fund Operating Fund ($166,376.83) and the Street & Road Reconstruction Fund ($171,600). The current balance of the Street & Road Operating Fund and Street & Road Reconstruction Fund are $5,348,393 and $1,705,170 as of June 30, 2024, respectively. The amended construction contract price is shown in Table 1.

Packet Pg. 268
Table 1 – Current Contract Price
Amount
Original Contract Price $ 1,576,800.00
Change Order 1 $ 337,976.83
Current Contract Price $ 1,914,776.83
Attachments:

1. CCO 1
Packet Pg. 269

CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 1 DATE: 8/13/2024
PROJECT: South of Main Rehabilitation SHEET 1 OF 1 SHEETS TO: American Pavement Systems
NOTE: This change order is not effective until approved by the CITY ENGINEER.

Description Cost
1a 26Ft Drainage Grate System $5,624.30
1b Jack Tone Slurry/Stripe $30,570.50
1c Sidewalk Replacement $18,417.35
1d Additional AC Removal and Replacement $31,714.68
1e Chip Seal Omission Library parking lot -$5,000.00
1f 4" Grind and Overlay of Linda Ave $94,050.00
1g 3 Layer Omission Linda Ave -$9,000.00
Subtotal: $166,376.83
Addition of the following items funded by the Street and Road Reconstruction Fund:
2a $171,600.00
Subtotal: $171,600.00
Total: $337,976.83
Not to Exceed Cost: Increase
Approval Recommended: Date:

Approved: Date:

Accepted, Date _____________________ Contractor
By _________________________________ Title
Addition of the following items funded by the Street and Road Operating Fund:
3rd St Reconstruction
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.
$337,976.83
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 5 Calendar Days a
Packet Pg. 270 Attachment: CCO 1 (4360 : South of Main Resurfacing Project Change Order #1) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 08/13/2024
Subject: League of California Cities Conference delegates Determine if any Council Member(s) will be attending the annual conference in Long Beach from October 16-18, 2024.

Attachments:

1. 2024 Voting Delegates

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON DESIGNATING THE VOTING DELEGATE TO THE

LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
WHEREAS, the League of California Cities annual conference will be held in Long Beach from October 16, 2024 through October 18, 2024; and
WHEREAS, the City of Ripon is desirous of designating the voting delegate to the League of California Cities annual business meeting at the closing General Assembly on October 17, 2024; and
WHEREAS, the person being appointed has expressed their interest in serving as a delegate to the annual conference.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon designates NAME as the Voting Member to the League of California Cities annual conference.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of August, 2024, by the following vote:

RESULT: NO ACTION TAKEN

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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CITY: ________________________________________
2024 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Wednesday, September 25, 2024. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Wednesday, September 25, 2024.

2.A.a
Packet Pg. 273 Attachment: 2024 Voting Delegates (4306 : League of California Cities Conference delegates) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 08/13/2024
Subject: Donation/Collection Bin Application Fee
RECOMMENDED ACTION:

Should the City Council agree with Staff’s recommendation, the following motion would be appropriate: “The City Council adopts the resolution establishing a revised Planning Agency Fee schedule, which adds “For-Profit & Non-Profit Donation/Collection Bins permits” to the schedule.”
BACKGROUND:

In early 2016 the City Council approved an ordinance to regulate the placement of Donation/Collection Bins within the City of Ripon. In that ordinance parameters were set forth regulating permitted zones, collection bin design standards, site placement requirements, bin maintenance requirements and permitting requirements. Under the permit requirements section, a fee was to be set for the processing of applications for both “for-profit” and “non-profit” donation/collection bin operators. It was recently discovered that this fee was never formally adopted by resolution.

DISCUSSION:

Staff performed an analysis of the time and resources associated with the processing of such applications. It was determined that the processing of donation/collection bin permits would require the same resources as that of a minor site plan permit, which already exists on the Planning Department Fee Schedule. Therefore, staff is proposing to set the application fee for donation/collection bin permits consistent with that of a minor site plan permit.

The fee associated with any “for-profit” organization would be $608 for each bin placement, while the fee for registered Ripon “non-profit” organizations would be $608 for each bin placement not located on the premises where they operate, or $304 (half) for each bin placement located on the premises where they operate.

All Collection/Donation Bin permits are valid for 2 calendar years, with a $50 permit renewal fee

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for each bin, so long as the business operating the Donation/Collection Bin area has complied in good faith with the rules and regulations set forth in the City’s ordinance.

The City of Ripon is authorized by law, including Government Code Section 66014 and R.M.C.

Chapter 16.184 to impose fees for staff time in the processing of such applications submitted to the Planning Department. The Planning Department maintains a Fee Schedule, which provides a list of fees for processing a variety of applications.

Attachments:

1. Exhibit A - Amended 2024 Planning Fee Schedule

2. Donation/Collection Bin Amendment_Public Hearing Notice

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RESOLUTION NO. 24-34

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ESTABLISHING A REVISED PLANNING

APPLICATION FEE SCHEDULE TO INCLUDE FOR-PROFIT

AND NON-PROFIT DONATION/COLLECTION BIN PERMITS

AND RESCINDING ALL PREVIOUS RESOLUTIONS IN

CONFLICT HEREWITH
WHEREAS, previous hereto the City of Ripon has established a Planning Agency Fee Schedule for the processing of various applications submitted to the Planning Department; and WHEREAS, the City of Ripon Planning Department has requested the adoption of a revised Planning Agency Fee Schedule by the City Council to replace the previous fee schedule adopted pursuant to Resolution No.23-31 of the City of Ripon on June 13, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following Planning Agency Fee Schedule attached as Exhibit “A” is hereby approved by the City Council of the City of Ripon.

BE IT FURTHER RESOLVED that applicable fees shall be deposited with the City of Ripon when a request is made for any Planning Commission and/or City Council action for which the hereinabove Planning Agency Fee Schedule is herein fixed and approved by the City Council. Any such fees as set forth herein shall be adjusted annually based upon the Consumer Price Index using the Bay Area Region Price Index, unless other action is taken by the City Council of the City of Ripon in determining the amount of any of the Planning Agency fees fixed herein.

BE IT FURTHER RESOLVED that Resolution No. 23-31 passed and adopted by the City Council of the City of Ripon on June 13, 2023, and any other Planning Agency Fee Schedule fees in conflict herewith are hereby expressly repealed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of August, 2024, by the following vote:

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

THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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CPI 2.9%
Application Type Fee
Annexation Fees
Annexation Agreement $608
Annexation $4,007
Development Agreement Fees
Development Agreement Processing Deposit (determined by Planning Director) TBD Development Agreement Application (costs plus fee) $608 Environmental Assessments
Initial Study (includes Cert. of Exemption or Neg Dec not requiring Fish and Game fee); plus mitigation monitoring. $175 Negative Declaration ($2,722.00 plus Filing Fee of $50.00) $2,852 EIR Report (cost plus fee plus mitigation monitoring) TBD General Plan Fees
General Plan Amendment $4,008
Specific Plan $1,337
Specific Plan Amendment $4,008
Home Occupation Permit Fee
Home Occupation Permit $184
Land Development Permit Fees
Accessory Dwelling Unit $608
Building Relocation Permit $247
Caretaker Mobile Home Permit $939
Sign Permit (staff review) $122
Sign Permit (Planning Commission review) $374
Site Review (staff review) $608
Site Review (Planning Commission review) $939
Subdivision Fees
Abandonment $729
Lot Line Adjustment $729
Lot Merger $729
Mobile Home Park $5,343
Planned Development $1,466
Tentative Parcel Map (4 lots or fewer) $3,207
Tentative Subdivision Map (5 lots or more) $5,343
Use Permit Fees
Use Permit $2,008
Minor Use Permit $939
Temporary Use Permit $939
Variance Fees
Variance $1,739
Zoning Fees
Rezone $2,132
Prezone $2,132
Zoning Text Amendment $2,396
Miscellaneous Fees
Appeals $608
Special Planning Commission Meeting $608
Massage Business Permit ($75 for ea additional owner) $209 Sidewalk Vendor Permit $296
Sidewalk Dining Permit ($75 renewal fee) $296
Donation/Collection Bin Permit (for all "for-profit" bin locations and for "non-profit" bin locations not on the premises where the "non-profit" operates) $608 Donation/Collection Bin Permit (for registered Ripon "non-profit" bin locations on the premises where the "non-profit" operates) $304 Fireworks Permit $509
Special Event Permit/Seasonal Temporary Use Permit
Category One $198
Category Two $395
Category Three $596
Refunds: 1) 100% of fees paid shall be refunded when the PC and/or CC does not have the jurisdiction to act; 2) A refund may be given upon written request to the City Administrator in an amount not to exceed 50% of the application fee or fees paid when the application is withdrawn prior to issuance of any notice of public hearing or prior to being placed upon the agenda of the PC and/or CC.

Notes: 1) Contact the Planning Department for the appropriate fee for any projects not identified on this list. 2) Where the Director of Planning and Economic Development determines that the fees set forth in the Planning Agency Fee Schedule will not adequately reimburse the City's cost of processing one or more land use entitlements, Applicants for development projects may be required to enter into one or more reimbursement agreements with the City of Ripon and to make necessary payments pursuant thereto, in order to carry out the provisions of this Resolution.

CITY OF RIPON

PLANNING DEPARTMENT FEE SCHEDULE
2024
Adopted by City Council 8-13-24
F:\USERS\PLAN1\Planning Fee Schedule\2024\2024 Fee Schedule revised.xlsx Exhibit A 3.A.a
Packet Pg. 278 Attachment: Exhibit A - Amended 2024 Planning Fee Schedule (24-34 : Donation/Collection Bin Application Fee)

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon City Council will hold a public hearing at a meeting on Monday, August 13, 2024 at 6:00 P.M. in The City of Ripon Council Chambers, 259 N. Wilma Ave., Ripon, on the following matter:

CITY OF RIPON PLANNING DEPARTMENT FEE SCHEDULE AMENDMENT The City Council will consider an Amendment to the Planning Department Fee Schedule by including For-Profit and Non-Profit Donation/Collection Bin permits.

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

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

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

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

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

CITY OF RIPON
Lisa Roos, City Clerk
Posted: July 31, 20214

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Packet Pg. 279 Attachment: Donation/Collection Bin Amendment_Public Hearing Notice (24-34 : Donation/Collection Bin Application Fee) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 08/13/2024
Subject: Real Property Development Fees Ordinance Amendment RECOMMENDED ACTION:

This ordinance amends Chapter 17.16 Real Property Development Fees of the Ripon Municipal Code to exempt utilities from paying the Plan Check Fee, Inspection Fee, and GIS Fee for utility owned infrastructure that is installed in the public right-of-way.

BACKGROUND:

Chapter 17.16 of the Ripon Municipal Code requires that any entity that applies for an encroachment permit to construct improvements within the public right-of-way pay to the City a Plan Check Fee, Inspection Fee, and GIS Fee of 3%, 3%, and 1%, respectively. This fee is intended to cover the staff time to review the plans, perform inspections, and update the City GIS system with as-built information for any construction within the public right-of-way.

There are instances when a utility company that provides public services such as electricity, natural gas, or telecommunications to consumers within Ripon city limits installs their infrastructure within the public right-of-way, which requires an encroachment permit. For the installation of a utility’s infrastructure, engineering staff does not review the plans or inspect the infrastructure owned by the utility company, such as the conduits and fiber optic cables that may be installed. There are no existing provisions within the Ripon Municipal Code that provides a different fee structure for the Plan Check Fee, Inspection Fee, or GIS Fee for utility companies. .

DISCUSSION/ANALYSIS:

Staff is recommending that utility companies pay the Plan Check Fee, Inspection Fee, and GIS Fee as currently required in the Ripon Municipal Code, but exempt the cost of the utility’s infrastructure from the calculation.

Attached is the proposed changes to the Ripon Municipal Code shown as redline changes and labeled, “Chapter 17.16 Redline Version”. Staff is recommending the City Council consider waiving the first reading and approve the introduction of the changes to the Ripon Municipal

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Code.

FISCAL IMPACT:

There is no fiscal impact since engineering staff does not inspect utility infrastructure.

Attachments:

1. Chapter 17.16 Redline Version

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ORDINANCE NO. 928

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 17.16 "REAL PROPERTY
DEVELOPMENT FEES" OF THE RIPON MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:

SECTION 1. AMENDMENT TO CODE. The purpose of this ordinance is to amend Chapter

17.16 Real Property Development Fees of the Ripon Municipal Code providing updates to the encroachment fee structure for utility companies.

SECTION 2. AMENDMENT OF CHAPTER. Chapter 17.16.010 of the Ripon Municipal Code is hereby amended to define “Utility Company”.

Chapter 17.16.010 is hereby amended to read as follows:

17.16.010 Definitions.

A. For the purpose of this chapter, the following words, phrases and terms shall have the meaning given in this section:

1. A “Builder” means any person, firm or corporation constructing any improvements on real property.

2. A “City Clerk” means the city clerk of the city of Ripon.

3. A “City Council” means the city council of the city of Ripon.

4. A “Developer” means any person, individual, firm, partnership, corporation or unincorporated association developing real property.

5. A “Owner” means any person, firm or corporation owning or having an interest in real property.

6. A “Person” means any person, individual, form, partnership, corporation or unincorporated association.

7. A “Real property” means and includes a single lot, parcel of land, acreage or an entire subdivision of real property.

B. Whenever any reference is made to any portion of this chapter, such reference shall apply to all amendments and additions thereto, now or hereafter made, including any resolutions adopted pursuant to this chapter.

C. The present tense shall include the past and future tense, and the future tense shall include the present; the singular number shall include the plural, and the plural number shall include the singular; each gender shall include the other gender.

D. “Development project” means any project undertaken for the purpose of development. “Development project” includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

E. A “Fee” means a monetary exaction other than a tax or special assessment which is charged by a local agency to the applicant in connection with the approval of a development project for the purpose of defraying all or a portion of the cost of public facilities relating to a development project.

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F. A “Public Facilities” includes public improvements, public services and community amenities. (Ord. 412 § 1, 1989; Ord. 294 § 1, 1980; Ord. 758 §5 (part), 2007) G. A “Utility Company” includes any individual, firm, partnership, or corporation that installs and maintains services to parcels such as electricity, natural gas, and telecommunications.

SECTION 3. AMENDMENT OF CHAPTER. Chapter 17.16.060 of the Ripon Municipal Code is hereby amended to update the encroachment fee structure for utility companies.

Chapter 17.16.060 is hereby amended to read as follows:

17.16.060 Engineering Fees.

A. Plan Check Fee. A plan check fee is fixed in the amount of three percent of the total estimated construction costs, which shall be included as a part of any written subdivision agreement with the City as required under this Title and/or the California Subdivision Map Act.

This fee shall also apply and be charged in connection with the construction of any improvements of any type in, on, or along city rights-of-way by the owner, developer, or building thereof on any real property, which improvements require any inspection by the City.

Utility companies shall exclude the cost of facilities which shall remain the property of the utility from the total estimated construction cost.

B. Inspection Fee. An inspection fee is fixed in the amount of three percent of the total estimated construction costs, which shall be included as a part of any written subdivision agreement with the City as required under this Title and/or the California Subdivision Map Act.

This fee shall also apply and be charged in connection with the construction of any improvements of any type in, on, or along city rights-of-way by the owner, developer, or builder thereof on any real property, which improvements require any inspection by the City. Utility companies shall exclude the cost of facilities which shall remain the property of the utility from the total estimated construction cost.

C. GIS Fee. A GIS programming fee is fixed in the amount of one percent of the total estimated construction costs, which shall be included as a part of any written subdivision agreement with the City as required under this Title and/or the California Subdivision Map Act.

This fee shall also apply and be charged in connection with the construction of any improvements of any type in, on, or along city rights-of-way by the owner, developer, or builder thereof on any real property, which improvements require any inspection by the City. Utility companies shall exclude the cost of facilities which shall remain the property of the utility from the total estimated construction cost. (Ord. 616 § 4(g), 1999; Ord. 758 §5 (part), 2007) D. Storm Water Development Submittal Review Fee. A Storm Water Development Submittal Review Fee shall be listed in the City Fee Schedule and shall be applied to “regulated” projects as defined by the most current version of the City Storm Water Development Standards for each review performed, which shall be included within any Subdivision Improvement Agreement with the City as required under this Title and/or imposed pursuant to the California Subdivision Map Act. This fee shall also apply and be charged in connection with the construction of any improvements of any type in, on, or along city rights-of-way by the owner, developer, or builder thereof on any real property, which improvements require any inspections or permits by the City. A second review fee shall be applied to applicants when, in the opinion

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of the City Engineer, the submittal received requires excessive time to review which is above and beyond standard practice due to an inadequate design after the initial review. The above fee may be adjusted by resolution of the City Council updating the City Fee Schedule. Annually, as of January 1st of each year here-after, the fee may be adjusted to reflect any increase or decrease as shown in the Engineering News Record Index published and in effect on July 1st of each year hereafter. (Ord. 867 § 2, 2017; Ord. 898 § 2, 2020)
E. Survey Monument Preservation Fee. A survey monument preservation fee shall be included in the City Fee Schedule and shall be applied according to the most current version of the Survey Monument Preservation Policy, which shall be included within any Subdivision Improvement Agreement with the City as required under this Title and/or imposed pursuant to the California Subdivision MapAct. This fee shall also apply and be charged in connection with the construction of any improvements of any type in, on, or along city rights-of-way by the owner, developer, or builder thereof on any real property, which improvements require any inspections or permits by the City. The above fee may be adjusted by resolution of the City Council updating the City Fee Schedule. Annually, as of January 1st of each year here-after, the fee may be adjusted to reflect any increase or decrease as shown in the Engineering News Record Index published and in effect on July 1st of each year hereafter. (Ord. 867 § 2, 2017; Ord. 898 § 2, 2020)
F. USA Markings Removal Deposit. When the owner, developer, or builder plan to construct any improvements in, on, or along city rights-of-way or any real property, and such improvements require inspections or permits by the City, the engineering supervisor shall have the discretion to require a deposit to guarantee satisfactory removal of USA markings made for the improvements. The above deposit shall be listed in the City Fee Schedule, which may be adjusted by resolution of the City Council. Annually, as of January 1st of each year here-after, the deposit may be adjusted to reflect any increase or decrease as shown in the Engineering News Record Index published and in effect on July 1st of each year hereafter. (Ord. 898 § 2, 2020)
SECTION 4. REPEAL OF CONFLICTING ORDINANCES.

All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed.

SECTION 5. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to, and shall not be construed or given effect in a manner that imposes upon the City or any officer, agent, employee or volunteer, thereof a mandatory duty of care towards persons and property, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed the ordinance codified in this Chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

SECTION 7. EFFECTIVE DATE AND PUBLICATION. This ordinance shall go into effect 30 days after its adoption and a summary of this ordinance shall be published five (5) days prior

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to and within fifteen (15) days following its adoption in the Manteca Bulletin, the official paper of the City of Ripon.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of August, 2024, by the following vote:

RESULT: FIRST READING [UNANIMOUS] Next: 9/10/2024 6:00 PM MOVER: Michael Restuccia, Council Member
SECONDER:Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia

THE CITY OF RIPON,
A Municipal Corporation
By _______________________________
LEO ZUBER, Mayor
ATTEST:

By: ___________________________
LISA ROOS, City Clerk

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Chapter 17.16 Redline Version
512-2 (06/20)
CHAPTER 17.16

REAL PROPERTY DEVELOPMENT
FEES
Sections:

17.16.010 Definitions.

17.16.020 Applicability, Payment and
Tracking of Fees.

17.16.030 Garbage collection capital
fee.

17.16.040 Fee for Processing.

17.16.050 Deposit to guarantee
installation.

17.16.060 Engineering fees.

17.16.070 Installation costs.

17.16.080 Pro rata acreage fee.

17.16.090 Pro rata fee on existing
homes on lots which are part
of a larger acreage.

17.16.100 Pro rata fees for existing
commercial or industrial
business on lots which are
part of a larger acreage.

17.16.110 Appeal.

17.16.120 Violation - Penalty.

17.16.010 Definitions.

A. For the purpose of this chapter, the
following words, phrases and terms shall
have the meaning given in this section:

1. A “Builder” means any person,
firm or corporation constructing any
improvements on real property.

2. A “City Clerk” means the city clerk
of the city of Ripon.

3. A “City Council” means the city
council of the city of Ripon.

4. A “Developer” means any person,
individual, firm, partnership, corporation
or unincorporated association developing
real property.

5. A “Owner” means any person, firm
or corporation owning or having an interest
in real property.

6. A “Person” means any person,
individual, form, partnership, corporation
or unincorporated association.

7. A “Real property” means and
includes a single lot, parcel of land, acreage
or an entire subdivision of real property.

B. Whenever any reference is made to
any portion of this chapter, such reference
shall apply to all amendments and
additions thereto, now or hereafter made,
including any resolutions adopted pursuant
to this chapter.

C. The present tense shall include the
past and future tense, and the future tense
shall include the present; the singular
number shall include the plural, and the
plural number shall include the singular;
each gender shall include the other gender.

D. “Development project” means any
project undertaken for the purpose of
development. “Development project”
includes a project involving the issuance of
a permit for construction or reconstruction,
but not a permit to operate.

E. A “Fee” means a monetary
exaction other than a tax or special
assessment which is charged by a local
agency to the applicant in connection with
the approval of a development project for
the purpose of defraying all or a portion of
the cost of public facilities relating to a
development project.

F. A “Public Facilities” includes
public improvements, public services and
community amenities. (Ord. 412 § 1, 1989;
Ord. 294 § 1, 1980; Ord. 758 §5 (part),
2007)
G. A “Utility Company” includes any
individual, firm, partnership, or
corporation that installs and maintains
services to parcels such as electricity,
natural gas, and telecommunications.

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17.16.020 Applicability, Payment and
Tracking of Fees.

A. The City Council finds and declares
that the Public Facilities Finance Plan
prepared by Taussig and Associates, and
adopted by the City Council on June 1,
1999, as well as the AB 1600 Fee
Justification Study adopted and approved
by the City Council on June 1, 1999, as
updated on December 20, 2005, December
27, 2011 and March 1, 2017 adequately
and completely analyze and quantify, and
establish a reasonable relationship between
the fees and charges established therein
and the impact of new development within
the City of Ripon, both in the areas
specifically studied therein, but also within
the remainder of the City of Ripon which
were not studied therein. The City Council
further finds that there is a need for the
establishment of uniform and consistent
development impact fees in connection
with the development of real property
within the City of Ripon, to finance the
public facilities, public improvements, and
community amenities within the City
necessitated by such development. The
City Council further finds that the fees and
charges set forth in the Public Facilities
Finance Plan and AB 1600 Fee
Justification Study, as amended, are
necessary and proper and required in order
that the owner or developer’s fair share of
public facilities impacts within the City are
mitigated. (Ord. 874 § 1, 2018)
B. Any acreage, lot or parcel of real
property, even though it may not be legally
defined as a “subdivision” within the
meaning of this Code or the California
Subdivision Map Act, shall nonetheless
pay, at the time of development, all
applicable development fees, as set forth in
this Chapter, just as if the real property was
in fact a subdivision. Notwithstanding the
foregoing, in the case of a single lot split of
real property within the City, the
development fees set forth in this Chapter
shall be applicable only to the undeveloped
parcel of real property in any single lot
split. All fees applicable to the
development of residential real property
within the City shall be paid at the time of
gas meter release inspection, but not later
than the date of final inspection, whichever
comes first. In the case of non-residential
development projects, the development
impact fees set forth in this Chapter shall
be paid at the time of issuance of a building
permit, except that the Director may in his
discretion, allow the payment of nonresidential development fees to be deferred until the time of gas meter release
inspection, but not later than the date of
final inspection, whichever comes first.

The City Council may adopt implementing
policies and procedures consistent with
this Chapter by resolution. (Ord. 874 § 1,
2018)
C. The development impact fees
specifically set forth in the Public Facilities
Finance Plan and the AB 1600 Fee
Justification Study are hereby adopted and
approved, and are applicable throughout
the entire City of Ripon, in accordance
with the provisions of this Chapter. The
aforementioned development impact fees
shall be listed in the City Fee Schedule and
will automatically be adjusted as of
January 1 of each year, pursuant to the
Engineering News Record Building Cost
Index published and in effect on July 1st of
each year hereafter. In addition, the City
Council may, from time to time, adjust the
development impact fees listed in the City
Fee Schedule, by resolution.

D. Nothing in this Chapter shall be
deemed to limit the discretion of the City
Council to negotiate Development
Agreements with property owners which
Development Agreements may provide for
the payment of development impact fees of

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different types and amounts, based upon
the nature and impact of the development
project proposed by the property owner.

E. Nothing in this Chapter shall be
deemed to modify or waive any obligation
of a property owner to repay Benefit
Assessment District assessments, which
assessments are to be paid at the time of
development of real property. Benefit
Assessment District Fees may be collected
at the time of approval of a Subdivision
Improvement Agreement prior to the
recording of a Final Subdivision Map, or at
such time as may be provided in a
Development Agreement for the property.

F. Real property development fees
previously imposed and collected in the
City pursuant to the requirements of the
Mitigation Fee Act (AB 1600) shall, for
monitoring purposes, be allocated to the
real property development fees imposed
pursuant to the Public Facilities Finance
Plan, the AB 1600 Fee Justification Study,
and the provisions of this Chapter, as set
forth in the AB 1600 Fee Conversion
Table, attached hereto as Attachment One.
(Ord. 616 § 4(b), 1999; Ord. 758 §5 (part),
2007)
G. Notwithstanding any other
provision of this Chapter, for public
projects owned or operated by the Ripon
Consolidated Fire District, such project(s)
shall be exempt from all City of Ripon
development impact fees and inspection
fees, except that where inspections are
performed by third party inspectors, any
fees incurred by the City shall be
reimbursed by the Ripon Consolidated Fire
District. (Ord. 812, 2014)
H. Developed residential properties
(that is, parcels which are partially or fully
developed with one or more residential
dwelling units at the time of annexation)
which are annexed into the City and are
subsequently required under the Ripon
Municipal Code to connect to city water
and/or city sewer service, or which request
to so connect, shall pay the applicable fees
and charges and otherwise comply with
this Chapter and Resolution 99-24, as
amended from time to time. In the event the
owner or developer of these properties
subsequently apply for discretionary land
use permit(s) for modification, further
development, expansion or some other
change of use, as determined by the
Director, the Fees set forth in this Title 17
which were not previously imposed and/or
collected shall be calculated and imposed
by the City as conditions of approval of
said modification, further development,
expansion or change of use, to the full
extent permitted by law. The requirements
of this subsection “H” may be satisfied by
the execution of an Annexation Agreement
or a Pre-Annexation Development
Agreement between the landowner and the
City, in which the extension of and
connection to city services and the
payment of impact fees associated with the
approval of discretionary land use
permit(s) are addressed. (Ord. 874 § 1,
2018)
I. Developed non-residential
properties (that is, parcels which are
partially or fully developed with one or
more commercial, office or industrial
buildings at the time of annexation) which
are annexed into the City and are
subsequently required under the Ripon
Municipal Code to connect to city water
and/or city sewer service, or which request
to so connect, shall pay the applicable fees
and charges and otherwise comply with
this Chapter and by Resolution, as
amended from time to time. In the event
the owner or developer of these properties
subsequently apply for discretionary land
use permit(s) for modification, further
development, expansion or some other
change of use, as determined by the
Director, the Fees set forth in this Title 17

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which were not previously imposed and/or
collected by the City shall be calculated
and imposed by the City as conditions of
approval of said modification, further
development, expansion or change of use
to the full extent permitted by law. The
requirements of this subsection “I” may be
satisfied by the execution of an Annexation
Agreement or Pre-Annexation
Development Agreement between the
landowner and the City, in which the
extension of and connection to city
services and the payment of impact fees
associated with the approval of
discretionary land use permit(s) are
addressed. (Ord. 874 § 1, 2018; Ord 898 §
2, 2020)

17.16.030 Garbage collection capital
fee.

A. There is imposed a garbage
collection capital fee on the construction of
any new residential building, commercial
building or industrial building where
garbage refuse is generated.

B. The fee, payable concurrently with
the issuance of a building permit, is fixed
at one hundred dollars per unit.

C. For purposes of this section, a unit
shall be defined as follows:

1. Housing. A single-family unit shall
be one unit; a duplex shall be two units; a
triplex shall be three units; each subsequent
living unit in addition thereto shall be
considered an additional unit for the
payment of a unit fee.

2. Commercial and Industrial
Buildings. In a building constructed for
more than one tenant or office, each
separate tenant’s office or suite of offices
for a tenant shall be considered to be a unit
D. There shall be no fee imposed on
the remodeling of any building unless it
shall result in the addition of another unit
to the particular building.

E. All sums collected pursuant to this
section shall be placed in a special account
to be used for capital equipment used in
connection with garbage collection in the
city. The above fees shall be listed in the
City Fee Schedule which may be adjusted
by resolution of the city council. Annually,
as of January 1st of each year here-after,
the fee shall be adjusted to reflect any
increase or decrease as shown in the
Engineering News Record Index published
and in effect on July 1st of each year
hereafter. The estimated necessary income
and the expenses of the various projects
contemplated and affected by this garbage
collection capital fee is as set forth in the
Report of the Council Committee RE
AB1600, dated December 23, 1988, filed
with the city clerk. (Ord. 412 § 7, 1989;
Ord. 347 § 4, 1985; Ord. 294 § 2(i), 1980;
Ord. 758 §5 (part), 2007; Ord. 898 § 2,
2020)

17.16.040 Fee for Processing
The City Council may adopt, by
resolution, a schedule of fees for staff
processing, including outside engineering
and legal services, as appropriate, to be
paid by the owner or applicant for a
development project, where the permit
application fee will not, in the sole
discretion of the Director, fully defray the
costs associated with processing the
application. (Ord. 294 § 2 (d), 1980; Ord.
758 §5 (part), 2007)

17.16.050 Deposit to guarantee
installation.

At the sole discretion of the
engineering supervisor, the owner, builder
or developer of any real property other than
that contained in a subdivision, as defined
in the subdivision ordinance of the city,
shall guarantee the installation of or shall
pay a deposit to the city sufficient to cover
the actual cost at the time of development

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of the installation of curbs, gutters,
sidewalks and street paving. The type of
installation, and the amount of any such
deposit or other guarantee, shall be as
determined by the city engineer. The
guarantee of the installation of these
improvements or the deposit, as the case
may be, shall apply to, be charged to, and
paid by the owner, builder on, or developer
of, any real property sought to be annexed
to the city prior to its actual annexation,
and shall also apply to, be charged to and
paid by the owner, builder on, or developer
of, any real property already situated
within the city, sought to be improved or
developed in any manner, which presently
does not already have curbs, gutters,
sidewalks and street paving. In the case of
any lot, parcel or acreage of real property
already situated within the city, the
guarantee of the installation of these
improvements, or the payment of the
deposit covering the cost of any such
installation as required that exceed one
thousand dollars in value as estimated by
the city engineering department, shall be
paid prior to the issuance of any building
permit or other necessary authorization
required to be given by the city in
connection with any such improvements
sought to be made on the real property. For
improvements that do not exceed one
thousand dollars as estimated by the city
engineering department, the owner, builder
or developer shall not be required to post a
deposit for these improvements prior to the
issuance of a building permit. In those
cases where the owner, builder or
developer chooses not to post a deposit
guaranteeing installation of the
improvements, the city building
department shall only conduct building
inspections up to and including the
foundation inspection. All subsequent
inspections will not be made until all
improvements are completed to the city
standards therefore. The above fee shall be
included in the City Fee Schedule which
may be adjusted by resolution of the city
council. The improvement cap shall be
adjusted annually as of January 1st of each
year hereafter to reflect any increase or
decrease as shown in the Engineering
News Record Index published and in effect
on July 1st of each year hereafter. The city
council, for good cause shown, shall have
the right to waive or modify any or all of
the requirements of this section should they
so determine, where special circumstances
exist to justify such action. (Ord. 412 § 8,
1989; Ord. 294 § 2(e), 1980; Ord. 758 §5
(part), 2007; Ord. 898 § 2, 2020)

17.16.060 Engineering Fees.

A. Plan Check Fee. A plan check fee
is fixed in the amount of three percent of
the total estimated construction costs,
which shall be included as a part of any
written subdivision agreement with the
City as required under this Title and/or the
California Subdivision Map Act. This fee
shall also apply and be charged in
connection with the construction of any
improvements of any type in, on, or along
city rights-of-way by the owner, developer,
or building thereof on any real property,
which improvements require any
inspection by the City. Utility Companies
may exclude the cost of utility owned
infrastructure from the total estimated
construction cost.

B. Inspection Fee. An inspection fee
is fixed in the amount of three percent of
the total estimated construction costs,
which shall be included as a part of any
written subdivision agreement with the
City as required under this Title and/or the
California Subdivision Map Act. This fee
shall also apply and be charged in
connection with the construction of any
improvements of any type in, on, or along
city rights-of-way by the owner, developer,

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or builder thereof on any real property,
which improvements require any
inspection by the City. Utility Companies
may exclude the cost of utility owned
infrastructure from the total estimated
construction cost.

C. GIS Fee. A GIS programming fee
is fixed in the amount of one percent of the
total estimated construction costs, which
shall be included as a part of any written
subdivision agreement with the City as
required under this Title and/or the
California Subdivision Map Act. This fee
shall also apply and be charged in
connection with the construction of any
improvements of any type in, on, or along
city rights-of-way by the owner, developer,
or builder thereof on any real property,
which improvements require any
inspection by the City. Utility Companies
may exclude the cost of utility owned
infrastructure from the total estimated
construction cost. (Ord. 616 § 4(g), 1999;
Ord. 758 §5 (part), 2007)
D. Storm Water Development
Submittal Review Fee. A Storm Water
Development Submittal Review Fee shall
be listed in the City Fee Schedule and shall
be applied to “regulated” projects as
defined by the most current version of the
City Storm Water Development Standards
for each review performed, which shall be
included within any Subdivision
Improvement Agreement with the City as
required under this Title and/or imposed
pursuant to the California Subdivision Map
Act. This fee shall also apply and be
charged in connection with the
construction of any improvements of any
type in, on, or along city rights-of-way by
the owner, developer, or builder thereof on
any real property, which improvements
require any inspections or permits by the
City. A second review fee shall be applied
to applicants when, in the opinion of the
City Engineer, the submittal received
requires excessive time to review which is
above and beyond standard practice due to
an inadequate design after the initial
review. The above fee may be adjusted by
resolution of the City Council updating the
City Fee Schedule. Annually, as of January
1st of each year here-after, the fee may be
adjusted to reflect any increase or decrease
as shown in the Engineering News Record
Index published and in effect on July 1st of
each year hereafter. (Ord. 867 § 2, 2017;
Ord. 898 § 2, 2020)
E. Survey Monument Preservation
Fee. A survey monument preservation fee
shall be included in the City Fee Schedule
and shall be applied according to the most
current version of the Survey Monument
Preservation Policy, which shall be
included within any Subdivision
Improvement Agreement with the City as
required under this Title and/or imposed
pursuant to the California Subdivision
MapAct. This fee shall also apply and be
charged in connection with the
construction of any improvements of any
type in, on, or along city rights-of-way by
the owner, developer, or builder thereof on
any real property, which improvements
require any inspections or permits by the
City. The above fee may be adjusted by
resolution of the City Council updating the
City Fee Schedule. Annually, as of January
1st of each year here-after, the fee may be
adjusted to reflect any increase or decrease
as shown in the Engineering News Record
Index published and in effect on July 1st of
each year hereafter. (Ord. 867 § 2, 2017;
Ord. 898 § 2, 2020)
F. USA Markings Removal Deposit.

When the owner, developer, or builder plan
to construct any improvements in, on, or
along city rights-of-way or any real
property, and such improvements require
inspections or permits by the City, the
engineering supervisor shall have the
discretion to require a deposit to guarantee

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satisfactory removal of USA markings
made for the improvements. The above
deposit shall be listed in the City Fee
Schedule, which may be adjusted by
resolution of the City Council. Annually,
as of January 1st of each year here-after,
the deposit may be adjusted to reflect any
increase or decrease as shown in the
Engineering News Record Index published
and in effect on July 1st of each year
hereafter. (Ord. 898 § 2, 2020)

17.16.070 Installation costs.

The owner, developer or subdivider of
any subdivision proposed to be annexed to
the city or of any subdivision on real
property already situated within the city, in
addition to paying the costs and fees as set
forth in this chapter which may be
applicable thereto, shall also pay for the
costs of the installation of all
improvements therein as set forth and the
Ripon Municipal Code and any
amendments thereto of the city, and shall
also enter into a written subdivision
agreement with the city as provided therein
guaranteeing the construction of the
improvements as a condition to the
approval by city of any final map thereof,
and in any event prior to the issuance of
any building permits for any improvement
therein by the city clerk. (Ord. 364 § 2,
1986; Ord. 294 § 2(g), 1980; Ord. 758 §5
(part), 2007)

17.16.080 Pro rata acreage fee.

Whenever any fees as set forth in this
chapter are charged on an acreage basis,
any real property subject thereto which is
less than one acre shall pay its pro rata
share of any such acreage fee based upon
the proportion that the total square footage
contained therein bears to one acre. (Ord.
294 §3, 1980; Ord. 758 §5 (part), 2007)

17.16.090 Pro rata fee on existing homes
on lots which are part of a larger
acreage.

A. When a single home is already
situated on an existing lot or parcel of land
which is only part of a larger parcel or
acreage, the subdivision fee and sanitary
annexation fee as provided for in this
chapter, attributable to and to be paid by
the owner of the existing home thereon,
shall be paid at the time any improvement
is made to the existing home for which a
building permit is required, or if either city
water or sanitary sewer service is then
being used on the smaller lot or parcel of
land or is sought to be used by the owner
of the home on the smaller lot or parcel of
land. The fee to be paid shall be fixed as
the smaller lot or parcel=s proportionate
share of the total subdivision and sanitary
annexation fees for the total real property
then in effect, determined by using the
front footage of the smaller lot or parcel of
land, multiplied by one hundred feet or the
actual depth of the lot or smaller parcel of
land on which the home is located,
whichever is the greater.

B. All remaining fees, including
annexation and sanitary sewer service,
which may be due and payable for the
remainder of the total original acreage of
the owner shall be due and payable at such
time as any of the remaining real property
is sought to be improved or developed, or
a building permit is required for any
improvements thereon, or either city water
or sanitary sewer service is then used
thereon or is sought to be used by the
owner or developer of the remaining
original real property which was not
included as a part of or in the original fee
computation and payment provided for in
subsection (A) of this section for the
smaller lot or parcel of land. (Ord. 399 §1,
1987; Ord. 758 §5 (part), 2007)

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17.16.100 Pro rata fee for existing
commercial or industrial business on
lots which are part of a larger acreage.

A. When a commercial or industrial
enterprise or business is already situated on
an existing lot, parcel, or portion of land
which is only part of a larger parcel of land
or acreage, under common ownership, the
annexation fees and benefit district fees
imposed pursuant to this chapter which are
attributable to the existing commercial or
industrial enterprise or business, shall be
paid at the time any improvement is made
to the existing buildings in which the
commercial or industrial enterprise of
business is operated. City staff shall
determine the fee to be paid which shall be
fixed as the smaller lot, parcel, or portion
of land's proportionate share of the total
annexation and benefit district fees for the
total real property then in effect,
determined by using the front footage of
the smaller lot, parcel, or portion of land,
multiplied by 100 feet or the actual depth
of the lot, parcel, or portion of land on
which the business or commercial
enterprise is then located, whichever is the
greater. However, if either city water or
sanitary sewer service is being used in
connection with the commercial or
industrial enterprise or business on the
smaller lot, parcel, or portion of the land at
the time of annexation, all such fees shall
be immediately due and payable.

B. In the case of expansion of existing
commercial or industrial enterprises or
business, where City staff determines that
the expansion will result in the build-out of
50% or less of the lot or parcel of land or
acreage, including required setbacks and
other dedications, the property owner shall
be charged a pro rata share of the
annexation and benefit fees based on the
amount of acreage covered by the
expansion of the existing business or
industry. The entire amount of annexation
and benefit district fees shall be due and
payable when more than 50% of this lot,
parcel, or acreage is developed.

C. Notwithstanding the foregoing
provisions of this Section, if the property
owner at any time after annexation elects to
connect to either city sewer services or city
water services, or both, all of the
annexation and benefit district fees
applicable to the entire lot, parcel or
acreage shall be immediately due and
payable prior to the connection to and use
of city sewer or water services. The
property owner may apply to the City
Council for a postponement of the payment
of fees upon a showing or special
circumstances. (Ord. 516 § 1, 1994; Ord.
758 §5 (part), 2007)

17.16.110 Appeal.

Any person aggrieved by the decision
of the city clerk, city engineer, or any other
officer or employee of the city as to the
application of the terms of this chapter or
the amount of or application thereto of any
fee or deposit charged under this chapter
shall have the right to file a written appeal
within ten days to the city council, who
shall thereafter hold a public hearing
thereon as soon as the same may legally be
done. The decision of the city council on
any such appeal shall be final. (Ord. 294
§5, 1980; Ord. 758 §5 (part), 2007)

17.16.120 Violation-Penalty.

Any person violating any of the
provisions of this chapter shall be deemed
guilty of a misdemeanor, and upon
conviction thereof, shall be punished as
provided in Chapter 1.08 of this code.
(Ord. 294 §7, 1980; Ord. 758 §5 (part)
2007)

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Packet Pg. 293 Attachment: Chapter 17.16 Redline Version (928 : Real Property Development Fees Ordinance Amendment) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 08/13/2024
Subject: Grand Jury Response - Draft
RECOMMENDED ACTION:

Discuss response to Grand Jury Case No. 0318 for Superior Court of California, County of San Joaquin regarding, “Second Look: 2018-2019 San Joaquin County Civil Grand Jury Report Cold Cases in San Joaquin County: On the Back Burner Case #0318.” and provide direction to staff.

This response must be returned to the Grand Jury before September 23, 2024.

BACKGROUND
The 2023-24 San Joaquin County Grand Jury has published Case No. 0318, “Second Look:
2018-2019 San Joaquin County Civil Grand Jury Report Cold Cases in San Joaquin County: On the Back Burner Case #0318.” (see attached). In the published case the Grand Jury has made Findings and Recommendations to each entity within the county. The City of Ripon’s suggested responses are here to be reviewed and discussed prior to formal submittal.

In 2019, the San Joaquin County Civil Grand Jury released a similar report regarding “Cold Cases in San Joaquin County: On the Back Burner”. The recommendations were the same as this most recent report. The City of Ripon has already implemented these recommendations. The City of Ripon will continue to implement the recommendations made by the San Joaquin County Grand Jury.

DISCUSSION/RESPONSE
The San Joaquin County Civil Grand Jury report requires a response from the Ripon City Council on the report’s recommendations before September 23,2024. The report was received on June 25, 2024. Staff has prepared a draft letter to the Grand Jury (see attached file “DRAFT City Council Response to Grand Jury”) responding to each recommendation that is applicable to the City of Ripon.

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Packet Pg. 294
Also attached is the written directive from the Ripon Police Department in 2019 incorporating the Grand Jury recommendations (see “RPD Cold Case Written Directive”).

Staff is requesting input from the City Council on the draft response to the Grand Jury.

Following the discussion at the August City Council meeting, staff will finalize the letter and bring back for City Council approval at the September City Council meeting.

FISCAL IMPACT
None.

Attachments:

1. Grand Jury Report No. 0318

2. RPD Cold Case Written Directive

3. DRAFT City Council Response to Grand Jury

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Packet Pg. 295
50 2023 - 2024 San Joaquin County Civil Grand Jury
Second Look:
2018-2019 San Joaquin County Civil Grand Jury Report
Cold Cases in San Joaquin County: On the Back Burner Case # 0318 Summary
Every year, the San Joaquin County Civil Grand Jury, Law and Justice Committee is charged with reporting the status of and/or investigating matters pertaining to law enforcement, including police, juvenile justice, public protection, probation issues, and inspecting detention facilities within the county. This year’s Civil Grand Jury determined the status of cold cases was also warranted. The 2018-2019 San Joaquin County had produced a report San Joaquin County Civil Grand Jury Report:

Cold Cases in San Joaquin County: On the Back Burner Case # 0318. The Law and Justice Committee determined this report gave a thorough and accurate assessment of the status of cold case investigations in San Joaquin County. However, the Civil Grand Jury decided to take a “Second Look” at the current status of cold cases. The report made ten recommendations that all the law enforcement agencies agreed to implement or least partially implement. Complete copies of the original report, all follow up reports, and the agencies responses can be found on the San Joaquin County Civil Grand Jury website at https://www.sjcourts.org/divisions/civil-grand-jury .

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Packet Pg. 296 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 51 Background
The 2018-2019 San Joaquin County Civil Grand Jury investigated the status of cold case investigations. They concluded that the County lacked leadership, staff, desire, and funding: what were called cold case units were basically nonexistent units.

The Civil Grand Jury found 8 items/areas of concern for cold case investigation:
• Definition of cold cases
• Counting cold cases
• Clearance rates
• Staffing
• Funding
• Investigating
• Solving cold cases in San Joaquin County
• Maintaining contact with family of cold case victims
Their investigation led to the following ten recommendations:
• R1 Each law enforcement agency in San Joaquin County develop a plan to define, prioritize, and digitally track cold case investigations no later than December 31, 2019. Prioritization will emphasize available physical evidence and utilize emerging DNA testing techniques. • R2 Each law enforcement agency in San Joaquin County expands their definition of “cold case” to include missing persons with suspicious circumstances, and sexual assault (forcible rape and attempted rape), in addition to homicide no later than December 31, 2019. • R3 The San Joaquin County Sheriff utilize budget options and staffing reassignments as necessary to provide the equivalent of at least three full-time Sheriff’s Detectives dedicated solely to cold case investigations no later than December 31, 2019.

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Packet Pg. 297 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 52 • R4 The San Joaquin County District Attorney utilize budget options and staffing reassignments as necessary to provide the equivalent of at least two full-time District Attorney Investigators dedicated solely to cold case investigations no later than December 31, 2019.
• R5 The City of Stockton utilizes budget options and staffing reassignments as necessary to provide the equivalent of at least three full-time Police Detectives dedicated solely to cold case investigations no later than December 31, 2019.
• R6 The San Joaquin County District Attorney’s Office develop a plan for a Cold Case Task Force to facilitate collaboration in investigating and prosecuting cold cases for all law enforcement agencies in San Joaquin County no later than December 31, 2019. • R7 The San Joaquin County District Attorney’s Office establish a Cold Case Task Force for all law enforcement agencies in San Joaquin County no later than March 31, 2020. • R8 Each law enforcement agency in San Joaquin County signs a Partnership and Cooperation Agreement with the newly formed Cold Case Task Force no later than March 31, 2020.
• R9 The newly formed Cold Case Task Force partner with the regional CA-DOJ crime laboratories to facilitate the timely and necessary testing of all DNA evidence for cold case investigations no later than March 31, 2020.
• R10 Each law enforcement agency in San Joaquin County develops a procedure and practice for maintaining periodic contact with family members of cold case victims no later than March 31, 2020.

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Packet Pg. 298 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 53 Reason for Investigation
The 2023-2024 San Joaquin County Civil Grand Jury Law and Justice Committee wanted to determine the status of cold case investigations in San Joaquin County today and assess/determine the impact of the 2018-2019 Civil Grand Jury report. Departmental presentations included an update of cold case investigations revealed very little progress.

Method of Investigation
The current Law and Justice Committee sent cold case surveys to all law enforcement agencies in the County to gauge the status of cold case investigations. The response to the surveys was disappointing and the various agency presentations made it clear not much had changed with one notable exception, the San Joaquin County Sherriff’s Office.

Materials Reviewed
• 2018-2019 San Joaquin County Civil Grand Jury Report. “Cold Cases in San Joaquin County: On the Back Burner #0318”
• 2019-2020 San Joaquin County Civil Grand Jury Follow-up Report. “Cold Cases in San Joaquin County: On the Back Burner #0318”
• 2023-2024 San Joaquin County Civil Grand Jury Cold Case Surveys Presentations
• Tracy Police Department
• Manteca Police Department
• Lodi Police Department
• Ripon Police Department

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Packet Pg. 299 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 54 • Lathrop Police Department
• Stockton Police Department
• San Joaquin County Sheriff’s Office
• San Joaquin County District Attorney’s Office
• Escalon Police Department
Interviews Conducted
A total of seven people from three agencies involved with cold case investigations were interviewed.

Sites Visited
• San Joaquin County Sheriff’s Office
• Escalon Police Department
Discussions, Findings, and Recommendations
When the 2018-2019 San Joaquin County Civil Grand Jury began their investigation of cold cases in San Joaquin County, they found that only three agencies claimed to have a dedicated or semidedicated cold case unit. They were the San Joaquin County Sheriff’s Office, the Stockton Police Department, and the District Attorney’s Office.

The Sheriff’s Office had a cold case unit that consisted of two deputies and a sergeant. Upon further investigation it was discovered that due to staff vacancies, the two deputies and the sergeant were assigned to other units, leaving virtually no one to work on cold cases.

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Packet Pg. 300 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 55 The Stockton Police Department’s cold case unit consisted of one retired annuitant. He had limitations due to the number of hours he could work in a year. He also had not been recertified as a police officer and was restricted from performing certain duties.

The District Attorney’s Office had two assigned cold case investigators. At the time, one investigator was on loan to the Tracy Police Department and the other was assigned duties unrelated to cold cases.

No other law enforcement agencies had any dedicated cold case unit or staff. Most cold cases were assigned to the Sheriff’s Office.

After the 2018-2019 Civil Grand Jury released their report, there was consensus that cold cases had not received the attention and consideration they deserved and should be given a higher priority.

Those who responded to the report agreed to either implement or partially implement the report recommendations pending budget approval, departmental reorganization, and availability of staffing and other resources.

San Joaquin County Sheriff’s Office
The Sheriff’s Office has formed a Cold Case Unit, consisting of (1) Lieutenant, (1) Sargeant, and (4) Detectives who also investigate “in-house” crimes, jail incidents, and officer involved shootings.

Their definition of cold cases includes unsolved homicides, long-term missing persons, and violent sexual assaults. The SJCSO cold case database, that includes only SJCSO cases, which could be expanded to include all other law enforcement agencies in the County. All assigned staff regularly attend outside cold case schools and training. They keep up with the latest innovations in investigative technology and techniques, especially those specific to cold case investigations.

The SJCSO are aware of the Stockton Police Department’s and the San Joaquin County District Attorney’s cold case investigators, but do not have any formal or regular working relationship with

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Packet Pg. 301 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 56 them. The Stockton Police Department (SPD) was not aware of the County Cold Case Task Force and was not sure how a task force would work or if it would be beneficial.

The Sheriff’ Office should be commended for their follow through on the 2018-2019 Civil Grand Jury recommendations.

Stockton Police Department
The only improvement related to Cold Cases since the 2018-2019 Civil Grand Jury report is that the retired annuitant has been recertified as a peace officer and can now perform all investigating functions without relying on another officer. None of the Civil Grand Jury recommendations were implemented.

San Joaquin County District Attorney’s Office (DA)
There has been little to no change in the DA’s “Cold Case Unit” including the number of cold case investigators, and their time is divided among other responsibilities. The Chief Deputy District Attorney heading up the cold case unit is also assigned to prosecute current homicide cases.

The DA’s office has no internal cold case database. Because cold cases are a low priority, funding for DNA and lab testing is limited.

Cold Case Task Force (TF)
The 2018-2019 Civil Grand Jury had proposed a county-wide TF with the District Attorney’s Office as the lead agency. There is no county-wide TF. The core membership would have been the three largest agencies, the SJCSO, SPD, and the District Attorney’s Office. All other agencies were encouraged to join. Members would share resources, information, and training which would result in everyone investigating cold cases using the same investigative techniques. All agencies would be on the same page and could step in for one another should the need arise. It would improve

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Packet Pg. 302 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 57 communication and cooperation among agencies. A TF could also leverage their status to obtain agreements with outside laboratories much the same as Tracy Police Department does. Cold cases could also be distributed to other agencies lessening the load of the three main agencies.

Santa Clara County appears to have a well-functioning cold case task force that could be used as a model for San Joaquin County law enforcement agencies.

1.0 FINDINGS
F. 1.0: Overall, county law enforcement agencies failed to implement the 2018-2019 Civil Grand Jury recommendations. All agencies seemed set on continuing as they were, and are protective of their processes, their cases, and their procedures. The failure to implement the 2018-2019 recommendations came down to three factors:
• Lack of leadership
• Lack of desire
• Pandemic disruptions
During the period just after the 2018-2019 Civil Grand Jury there was a disruption of leadership in the Stockton Police Department and a new District Attorney was elected.

The police chief retired and a new chief was hired and faced many challenges to make the department his. It is obvious cold cases were not a priority as there were many improvements that could have been made. For example, hiring more retired annuitants, setting up a new database, using volunteers for data entry of non-sensitive information even having a volunteer to answer phones. He has now been on the job since 2022 and it is time to prioritize cold cases.

A new District Attorney was elected, and has been reorganizing his Office but has not prioritized the cold case unit.

The Pandemic delayed the implementation of recommendations; however, improvements could have been made such as purchasing equipment, setting up databases, and Zoom trainings related to cold

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Packet Pg. 303 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 58 cases. The Sheriff’s Office did manage to implement many of the recommendations in spite of the Pandemic.

With over 500 cold cases, it’s time to get back on track and recommit to implementing those recommendations.

RECOMMENDATIONS
R. 1.0: By October 1, 2024, all Law Enforcement Agencies review and implement the recommendations from the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County:

On the Back Burner” Case #0318. (These recommendations can be found in the original Civil Grand Jury report and on pages 2 and 3 of this report).

R. 1.1: By October 1, 2024, the task force should be formed and implemented with the San Joaquin County Sheriff’s office as the lead agency.

Conclusion
All of the law enforcement agencies agreed with the 2018-2019 Civil Grand Jury’s Findings and Recommendations but did not implement them. The one exception, the San Joaquin County Sheriff’s Office followed through on most of the recommendations.

Disclaimers
Civil Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Civil Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code Section 911. 924.1 (a) and 929). Similarly, the Civil Grand Jury is precluded by law from disclosing the identity of

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Packet Pg. 304 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 59 witnesses except upon an order of the court for narrowly defined purposes (Penal Code Sections 924.2 and 929).

Response Requirements
California Penal Code Sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report.

The San Joaquin County Board of Supervisors shall respond to all findings and recommendations of this report and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318.

The Stockton City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R5, R8, and R10.

The Escalon City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

The Lodi City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

The Manteca City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

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Packet Pg. 305 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft) 60 The Ripon City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

The Tracy City Council shall respond to all Findings and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R8, and R10.

The San Joaquin County District Attorney shall respond to all Findings, where applicable and Recommendations of this report R1 and R2 and the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318, R1, R2, R4, R6, R7, R8, R9 and R10, within 60 days of receipt of the report.

Mail or hand deliver a hard copy of the response to:

Honorable Gus C. Barrera II, Presiding Judge
San Joaquin County Superior Court
180 E Weber Ave, Suite 1306J
Stockton, California 95202
Also, please email a copy of the response to Mr. Irving Jimenez, Staff Secretary to the Civil Grand Jury, at [email protected]

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Packet Pg. 306 Attachment: Grand Jury Report No. 0318 (4358 : Grand Jury Response - Draft)

Ripon Police Department
Written Directive
Department Order: #600-01 Effective Date: August 19, 2019 Index as: Cold Case Investigations
Internal Review: Annual
Contents:

I. Policy and Purpose
II. Definitions
III. Procedure
IV. Accountability
V. Proponent Unit
VI. Cancellation
I. POLICY AND PURPOSE
The purpose of this directive is to set guidelines and requirements for cold case investigations.

It is the policy of the Ripon Police Department to investigate crimes thoroughly and with due diligence.

II. DEFINITIONS
A. Cold Case Investigations
An investigation involving a homicide, missing persons with suspicious circumstances, or sexual assault (forcible rape and attempted rape), where investigative leads have been exhausted, but remains open pending the discovery of new evidence.

III. PROCEDURE
Investigating cold case homicides, missing persons and sexual assaults is about doing what is right and just for the victims, for their survivor family members, and for our community.

The method of prioritizing and tracking cold case investigations is an important component to solving these cases. The following factors will be most influential in the decision to reopen cold cases:
 New witness coming forward

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Packet Pg. 307 Attachment: RPD Cold Case Written Directive (4358 : Grand Jury Response - Draft)

 New DNA technology to test old physical evidence
 New evidence for DNA testing
 Other physical evidence
 New technology to test other physical evidence
Cold cases will be tracked within our computerized Records Management System database.

Each case that is deemed to be a cold-case will have a “Cold Case” status specified, meaning that the case is not closed. This will facilitate searching for cold-cases easily and quickly.

In California victims of crime have state constitutional standing and rights, guaranteeing that their voices will be heard. For many cold case victims, their voice is still being heard through their surviving family members. For some victim families, maintaining periodic contact may be an important component to their coping process. In order to prevent the potential to provoke emotional trauma with victim families, a Detective will consult the family regarding their desired frequency of contact. After consulting with the family, the Investigations Supervisor will assign a Detective to maintain periodic contacts within reason.

The level of collaboration between law enforcement agencies and the District Attorney’s Office is a critical component to success in solving and prosecuting cold cases. In the pursuit of successful collaboration, the Ripon Police Department will sign a Partnership and Cooperation Agreement with the newly formed San Joaquin County Cold Case Task Force.

IV. ACCOUNTABILITY
Every employee who receives a written directive, new or revised, will acknowledge electronically that he or she has received, reviewed, and understands the directive.

V. PROPONENT
Administration Unit.

VI. CANCELLATION
Cancellation of an issued directive will be made by the Chief of Police or his/her designee.

By the order of:

Daniel Sauer, Chief of Police
_____________________________________
Signature of Agency Authority/Title

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Packet Pg. 308 Attachment: RPD Cold Case Written Directive (4358 : Grand Jury Response - Draft) August 13, 2024
Honorable Gus C. Barrera II, Presiding Judge
San Joaquin County Superior Court
180 E. Weber Ave, Suite 1306J
Stockton, California 95202
Re: Second Look: 2018-2019 San Joaquin County Civil Grand Jury Report Cold Cases in San Joaquin County: On the Back Burner Case #0318.

Dear Judge Barrera:

The Ripon City Council has been directed by the San Joaquin County Grand Jury to provide a response to the Grand Jury’s report in Case #0318, entitled Second Look: 2018-2019 San Joaquin County Civil Grand Jury Report Cold Cases in San Joaquin County: On the Back Burner. Specifically, the City Council has been directed to respond to Findings and Recommendations R.1.0 and R.1.1. These encompass the Findings and Recommendations R1, R2, R8 and R10 from the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318.

Finding and Recommendation R.1.0
The City of Ripon has reviewed the report provided and since 2019, has implemented the original recommendations from the 2018-2019 Civil Grand Jury Report “Cold Cases in San Joaquin County: On the Back Burner” Case #0318. The City of Ripon will continue to implement the recommendations made by the San Joaquin County Grand Jury.

The City of Ripon would again like to take the opportunity to address the Report’s findings and recommendations. Our responses follow below.

R1: Each law enforcement agency in San Joaquin County develop a plan to define, prioritize, and digitally track cold case investigations no later than October 1, 2024. Prioritization will emphasize available physical evidence and utilize emerging DNA testing techniques.

Response to R1: In response, the City Council agrees with the Grand Jury’s Finding and Recommendation R1. In 2019, the Police Chief adopted, and the City Council hereby supports, Department Order #600-01 entitled “Cold Case Investigations”. Pursuant to this Order, the Department will utilize its computerized Records Management System database to define, prioritize and digitally track cold case investigations using emerging DNA testing techniques.

R2: Each law enforcement agency in San Joaquin County expand their definition of “cold case” to include missing persons with suspicious circumstances, and sexual assault (forcible rape and attempted rape), in addition to homicide no later than October 1, 2024.

Response to R2: In response, the City Council agrees with the Grand Jury’s Finding and

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Packet Pg. 309 Attachment: DRAFT City Council Response to Grand Jury (4358 : Grand Jury Response - Draft) San Joaquin County Grand Jury
August 13, 2024