Minutes — Ripon City Council, September 10, 2024

Ripon City Council Minutes
TUESDAY, SEPTEMBER 10, 2024 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:15 PM
CLOSED SESSION: The closed session meeting was called to order at 5:15 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) Personnel Negotiations Pursuant to Section 54957.6 of the California Government Code - Bohannon Insurance Group: 2025 Health and Welfare Renewals (2) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 1 case.
(3) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code – 1214 S Acacia Ave.

Return to open session.

City Attorney Terpstra said Council met in closed session to discuss upcoming health and welfare renewals, pending litigation and property negotiations, 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 Glenn Gerdes gave the invocation.

City Council Page 2 September 10, 2024
ROLL CALL:

City Administrator Kevin Werner, City Attorney Tom Terpstra via phone, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Hunter Crosby.

PUBLIC DISCUSSION:

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

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council meeting of August 13, 2024 and the Special City Council Meeting of August 20, 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 - AUG 13, 2024 6:00 PM

2. CITY COUNCIL - SPECIAL MEETING - AUG 20, 2024 4:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

Council Member Restuccia requested Item 1.2F be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 3 September 10, 2024

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

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

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(August 2023 $436,329.34)
FY 2024-25 YTD: $938,722
FY 2023-24 YTD: $815,783
Highway Users Tax
(July 2023 $40,268.77)
FY 2024-25 YTD: $44,895
FY 2023-24 YTD: $40,269
SB1 Street & Road Tax
(August 2023 $30,484.64)
FY 2024-25 YTD: $71,855
FY 2023-24 YTD: $62,489
$593,076.62
$44,894.50
$38,597.65
TOTAL $676,568.77
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
August 2024 $1,305.31
C. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – June 2024 $22,278.57

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
Fire District Coordination
$4,143.75
$800.00
$11,581.25
$2,031.25

TOTAL $18,556.25
B. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #33954 $23,000.00
City Council Page 4 September 10, 2024
C. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
July 2024 Invoice #AR115077 $2,264.99
D. US BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $428,500.66 E. US BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $261,278.13
F. ITEM F WAS MOVED TO ITEMS PULLED FROM CONSENT
G. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #17
Progress Payment – Invoice #18
$86,854.70
$62,931.80
TOTAL $149,786.50
H. AMERICAN PAVEMENT SYSTEMS, INC.

South of Main Street Resurfacing Project
Progress Payment – Invoice #2
Progress Payment – Invoice #3
$1,363,836.41
$6,407.75
TOTAL $1,370,244.16
I. HCS ENGINEERING, INC.

Electrical Vehicle Charging Station
Electrical Engineering Design Services
Progress Payment – Invoice #28642 $3,600.00
J. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #30510 $425.00
K. BASECAMP ENVIRONMENTAL, INC.

South County Water Connection Project
Progress Payment – Invoice #52558 $1,907.40
L. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment – Invoice #02455 $2,213.54
City Council Page 5 September 10, 2024

1.3. Resolutions
A. RESOLUTION NO. 24-36

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING A GRANT OF

EASEMENT FOR PUBLIC UTILITY

EASEMENT OF CERTAIN REAL

PROPERTY TO THE CITY OF
RIPON
This resolution accepts a Grant of a
Public Utility Easement by Liberty Self
Storage, LP for certain real property to
the City of Ripon in connection with the
Liberty Self Storage Project (502 E.

Fourth Street) and authorizes the Mayor
to sign and execute any and all
documents necessary to complete the
aforementioned transaction.

1.4. Miscellaneous Items
A. PROFESSIONAL SERVICES AGREEMENT - AMENDMENT NO. 1
California CAD Solutions, Inc. Approve and authorize the Mayor to sign Amendment No. 1 to the
Professional Services Agreement with
California CAD Solutions, Inc. to
incorporate public works maintenance
activities as part of the GIS program in
the not to exceed amount of $11,000
(funding source: Water Operating
Fund).

B. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

Change Order No. 14
Approve Change Order No. 14 for
electrical modifications not shown on
the original plans and the addition of
rubber base board to bottom of the walls
inside the shop in the not to exceed
amount of $7,289 (funding sources:

Corp Yard AB1600 Fund, Enterprise
Capital Funds, and General Capital
Fund).

C. PERCOLATION POND RESTORATION CONTRACT
Triple M Enterprises, Inc. Approve and authorize the Mayor to sign the contract with Triple M
Enterprises, Inc. to perform restoration
work at the Waste Water Treatment
Plant disposal ponds, in the not to
exceed amount of $60,000 (funding
source: Sewer Enterprise Capital Fund).

City Council Page 6 September 10, 2024
D. SHORT RANGE TRANSIT PLAN
LSC Transportation Consultants, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with LSC Transportation
Consultants, Inc. to prepare the Ripon
Short Range Transit Plan in the amount
of $72,220 (funding source: Federal
Transit Administration Section 5311
grant).

E. GRAND JURY RESPONSE
Grand Jury Report No. 0318 - Second
Look: 2018-19 Cold Cases in San
Joaquin County
Approve and authorize the Mayor to
sign the letter of response to the findings
and recommendations of 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”.

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

ITEMS PULLED FROM CONSENT

1.2F : BANK OF STOCKTON
Semi-Annual Retirement Account Administration
Fees for non-PERS employees $62,244.65
Council Member Restuccia wished to recuse himself from the vote because he is a paid elected director for the Bank of Stockton.

Restuccia left the meeting.

Motion to approve Item 1.2F Bank of Stockton Invoice.

RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker
ABSTAIN: Restuccia
Restuccia returned to the meeting.
**END OF CONSENT CALENDAR**
City Council Page 7 September 10, 2024

2. ORDINANCES
Second Reading and Adoption
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 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.

Motion to waive the second reading and adopt 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: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia

REPORTS
Department Heads:

Police Chief Sauer said the Code Enforcement Committee met in August to review ongoing issues with weed abatement. He said staff is currently updating the ordinance in regards to weed abatement and will bring it to Council in the future.

Sauer said the Committee also discussed vehicles parking in undeveloped lots. He said staff is working with property owners to gain compliance.

Sauer said there is a K-9 competition on September 14 from 8:00 AM to 2:00 PM at Ripon Christian High School.

Council Member Barton asked for an update regarding Officer Veltkamp’s condition. Sauer said he is doing well and may possibly return in October.

Council Member Restuccia said he wanted to compliment Veltkamp’s quick action and bravery.

Public Works Director Pease said August water usage was down 13% from 2013 numbers and up 5% from last year’s number. He said the Water Conservation Coordinator made 70 contacts and 50 of those were for wrong day/wrong time violations.

City Council Page 8 September 10, 2024
Pease said the Recycling Center has new hours and is now open Tuesday through Friday 8:00 AM to 3:00 PM and will be accepting a greater variety of electronic waste.

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

Vice Mayor de Graaf asked if the City has a link to the Mosquito Vector website and suggested that a link be added.

City Administrator Werner provided Council with a Capital Project update handout.

City Council:

Council Member Restuccia said he recently visited with former Police Chief Ormonde and said he was happy to report that Ormonde is doing very well and enjoying his retirement in Idaho.

Council Member Barton said harvest season is here and he is looking forward to it.

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

There being no further business, the meeting was adjourned at 6:14 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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:

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. 1 Packet Pg. 9
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 10
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 11
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 12
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 13
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 14
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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).
1 Packet Pg. 15
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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. 1 Packet Pg. 16
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 17
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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
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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
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Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) 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 1 Packet Pg. 20
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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. 1 Packet Pg. 21
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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.
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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 1 Packet Pg. 23
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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 1 Packet Pg. 24
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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
1 Packet Pg. 25
Minutes Acceptance: Minutes of Aug 13, 2024 6:00 PM (Approval of Minutes) Ripon City Council
Special Meeting Minutes
MONDAY, AUGUST 20, 2024

SPEICAL MEETING
4:00 PM
The Special Meeting was called to order by Mayor Leo Zuber at 4:00 pm.

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. 24-35

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF RIPON, CALIFORNIA

PROVIDING FOR THE APPOINTMENT

TO THE OFFICES OF THIS CITY THAT

WERE TO BE ELECTED ON TUESDAY,
NOVEMBER 5, 2024
This resolution cancels the General
Municipal Election to be held on
November 5, 2024 and appoints the three
qualified candidates to the three open seats
as Council Members for a 4-year term.

City Clerk Roos said this is a resolution that would cancel the General Municipal Election to be held on November 5, 2024 and appoint the three qualified candidates to the three open seats as Council Members for a 4-year term. She said according to Election Code Section 10229 if the number of people who have been determined to be qualified candidates equals the number of open seats, the Council has the option to cancel the election, appoint those individuals and not allow for write-in candidates. Option 3 of that Code would be to hold the election on November 5th and to allow for write-in candidates. She said if Council would want option 1, the action would be to approve the resolution. If Council would like to hold the election, then no action would be necessary.

Council Member Uecker asked how the seating of those appointed candidates works. 2 Packet Pg. 26
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Roos said the candidates are appointed and seated as if they were elected.

Motion to approve Resolution 24-35 cancelling the General Municipal Election to be held on November 5, 2024 and appointing the three qualified candidates to the three open seats as Council Members for a 4-year term.

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

3. ADJOURNMENT
There being no further business, the meeting was adjourned at 4:04 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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Minutes Acceptance: Minutes of Aug 20, 2024 4:00 PM (Approval of Minutes)

1.1.A.a
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Attachment: 2024 - 2nd Qtr (4375 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2400006 and 2400006AIssue Date: August 1, 2024Fiscal Year: 2024-2025Collection Period: June 24, 2024 - July 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 15,988 $15,131.52 $8,378.93 $6,089.07 $11,294.98 $0.00 $4,000.00 $44,894.50 $0.00 $44,894.50 $44,894.50

1.1.A.b
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Attachment: fy2425_07hwycityra (4375 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2300506 and 2300506A
Issue Date: August 22, 2024
Fiscal Year: 2023-2024
Collection Period: July 01, 2024 - July 31, 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 $38,597.65 $412,303.30
1 of 1

1.1.A.c
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Attachment: rmra_cities_remit_2324_aug24 (4375 : State of California)

1.1.B.a
Packet Pg. 31
Attachment: CCATT (4383 : CCATT Holdings)

1.1.C.a
Packet Pg. 32
Attachment: charter (4386 : Charter Communications)
Invoice
Date
8/25/2024
Invoice #
376
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Further research and discussion regarding
substitution of contractor or subcontractor, review
and discuss issue with client;; conference call with
client to update and revise task list; discuss opioid
settlement issue with other city attorneys.
8/1/2024 THT 325.00 1,137.50 3.5
Review and research regarding Diede
Construction/Fleet Maintenance project; emails and
calls re stop notice and bond claim.
8/5/2024 THT 325.00 487.50 1.5
Review and discuss Grand Jury report; discuss with
client; suggest revisions and discuss.
8/6/2024 THT 325.00 812.50 2.5
Review and discuss opioid settlement and possible
settlement range with client; work on several
agreements, professional services (engineering);
Aspen Survey and CTE; work on agenda items.
8/7/2024 THT 325.00 1,300.00 4
Discuss weed abatement issue, assist on big picture
issue.
8/21/2024 THT 325.00 406.25 1.25
$4,143.75

1.2.A.a
Packet Pg. 33
Attachment: Terpstra August Invoices (4388 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2024
Invoice #
377
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 349156
(Paid in full by The Law Office of Thomas H.

Terpstra).
7/30/2024 800.00 800.00
$800.00

1.2.A.a
Packet Pg. 34
Attachment: Terpstra August Invoices (4388 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2024
Invoice #
378
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
Numerous calls with client, Lennar’s attorneys
regarding Acknowledgment of Development
Agreement, advise client re same.
8/2/2024 THT 425.00 2.25 956.25
Review and revise SIA, emails to and from client re
same.
8/5/2024 THT 425.00 2 850.00
Calls, emails to and from developer’s attorney, work
on staff report and summary of agreement; further
discussion with client regarding reimbursement
agreement; review SIA with client.
8/6/2024 THT 425.00 3.5 1,487.50
$3,293.75

1.2.A.a
Packet Pg. 35
Attachment: Terpstra August Invoices (4388 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2024
Invoice #
379
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
Several conversations with client, Noosa attorney,
follow up on staff report and findings, conditions or
approval.
8/2/2024 THT 425.00 2 850.00
Review applicant’s letter on staff report and
conditions.
8/12/2024 THT 425.00 1 425.00
Conference call with client to review 4th version of
staff report; calls and emails to client, opposing
counsel Waterman, revisions to staff report.

THT 425.00 3.5 1,487.50
Review final studies, work on alternative finding in
the event PC rejects extension of Notie of exemption,
hearing preparation.
8/18/2024 THT 425.00 4.5 1,912.50
Meetings with staff to outline PC presentation,
discuss speaker time limits and related hearing issues, check on status of PLA with applicant’s counsel,
preparation for hearing, attend PC hearing on
extension of CUP.
8/19/2024 THT 425.00 7.5 3,187.50
Follow up calls, emails regarding conditions of
approval, posted Notice of Exemption.
8/20/2024 THT 425.00 1 425.00
$8,287.50

1.2.A.a
Packet Pg. 36
Attachment: Terpstra August Invoices (4388 : Law Office of Thomas H. Terpstra) Invoice
Date
8/25/2024
Invoice #
383
Bill To
City of Ripon - Fire District Coordination
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 - 407
Total
Date Attorney Description Rate Hours Amount
Discuss legal issues pertaining to 218 versus sales
tax, review and revise client document regarding
same.
8/2/2024 THT 325.00 1.75 568.75
Review prior legal analysis and research on 218
election; conference call with client to prepare for
8-13 City Council meeting, discussions with Kevin
and THT Jr. re same.
8/12/2024 THT 325.00 4.5 1,462.50
$2,031.25

1.2.A.a
Packet Pg. 37
Attachment: Terpstra August Invoices (4388 : Law Office of Thomas H. Terpstra)

1.2.B.a
Packet Pg. 38
Attachment: Price Paige & Company (4387 : Price Paige & Company)

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
8/22/2024 JULY 2024 34.58 65.50 2,264.99
TAX 0.00
Total Due 2,264.99
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - Invoice Number: AR115077
Please make checks payable to: Customer Number: CITY OF RIPON Invoice Date: 8/22/2024
SAN JOAQUIN RTD Total Amount Due $ 2,264.99
421 E Weber Avenue
Stockton, CA 95202
Total Payment $ ____________________
Description

PLEASE RETURN THIS PORTION WITH YOUR PAYMENT

INVOICE
Invoice Number: AR115077
Customer Number: CITY OF RIPON
Invoice Date: 8/22/2024
Terms: Due upon receipt
Federal ID#: 94-1563999

1.2.C.a
Packet Pg. 39
Attachment: Invoice AR115077_SJRTD (4385 : SJRTD)
Invoice Date: 8/12/2024
Invoice Number: 2663451
Funds due on 9/13/2024
City of Ripon, California
259 N. Wilma Avenue
Ripon, California 95366
Contact Phone Fax Email
Ms. Lisa Roos (209)-599-2108 (209)-599-2685 [email protected] Account Number: 6711791700
CSCDA WATER 2006 C
Invoice for Debt Service Payment on 10/1/2024
Cusip Maturity
Date
Accrual
Start Date
Accrual End
Date
No. of
Days
Principal Balance Interest
Rate
Interest Principal Premium/
Discount
13077WFS4 10/1/2027 4/1/2024 9/30/2024 180 $1,475,000.00 4.50% $33,187.50 $345,000.00 13077WFT2 10/1/2032 4/1/2024 9/30/2024 180 $2,250,000.00 4.50% $50,625.00 $0.00 $3,725,000.00 $83,812.50 $345,000.00
Interest Due: $83,812.50
Total Principal Due: $345,000.00
Principal Deposit Due:

Credits: ($311.84)
Net Due: $428,500.66

PAYMENT SUMMARY
Total Interest Due: $83,812.50
Total Principal Due: $345,000.00
Total Credits: ($311.84)
TOTAL DUE 9/13/2024 $428,500.66
Notes

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

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

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

OBI: 3010754

1.2.D.a
Packet Pg. 40
Attachment: US Bank - 2006 Bonds 10-1-24 Debt Service Invoice (4373 : US Bank - Water and Wastewater Revenue Bonds Series 2006C) Page
2 of 2
U.S. BANK CONTACTS
Prod Ops
Analyst
Blanca Canizales Email: [email protected] Phone: 213.615.6077 3010754

1.2.D.a
Packet Pg. 41
Attachment: US Bank - 2006 Bonds 10-1-24 Debt Service Invoice (4373 : US Bank - Water and Wastewater Revenue Bonds Series 2006C) Invoice Date: 8/9/2024
Invoice Number: 2662210
Funds due on 10/1/2024
City of Ripon, California
259 N. Wilma Avenue
Ripon, California 95366
Contact Phone Fax Email
Ms. Lisa Roos (209)-599-2108 (209)-599-2685 [email protected] Account Number: 6712004400

CITY OF RIPON
Invoice for Debt Service Payment on 10/1/2024
Cusip Maturity
Date
Accrual
Start Date
Accrual End
Date
No. of
Days
Principal Balance Interest
Rate
Interest Principal Premium/
Discount
767530AM0 10/1/2024 4/1/2024 9/30/2024 180 $245,000.00 3.00% $3,675.00 $245,000.00 767530AN8 10/1/2025 4/1/2024 9/30/2024 180 $250,000.00 3.125% $3,906.25 $0.00 767530AP3 10/1/2026 4/1/2024 9/30/2024 180 $260,000.00 3.25% $4,225.00 $0.00 767530AQ1 10/1/2027 4/1/2024 9/30/2024 180 $265,000.00 3.375% $4,471.88 $0.00 $1,020,000.00 $16,278.13 $245,000.00
Interest Due: $16,278.13
Total Principal Due: $245,000.00
Principal Deposit Due:

Net Due: $261,278.13

PAYMENT SUMMARY
Total Interest Due: $16,278.13
Total Principal Due: $245,000.00
TOTAL DUE 10/1/2024 $261,278.13
Notes

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

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

OBI: RIPON2012
2012 Water Bond Payment

1.2.E.a
Packet Pg. 42
Attachment: US Bank 2012 Water Bond Payments 10.2024 (4374 : US Bank - Water Revenue Bonds Series 2012) Page
2 of 2
U.S. BANK CONTACTS
Prod Ops
Analyst
Megan Earl Email: [email protected] Phone: 651-466-6193 Prod Ops
Specialist
Megan Earl Email: [email protected] Phone: 651-466-6193 RIPON2012

1.2.E.a
Packet Pg. 43
Attachment: US Bank 2012 Water Bond Payments 10.2024 (4374 : US Bank - Water Revenue Bonds Series 2012) CONTRACTOR: Diede Construction, Inc.

PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:

INVOICE NO: 17
DATE: 7/31/2024
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $11,696,736.87 LESS RETENTION: $584,836.84
APPROVED CONTRACT CHANGES: $744,077.50 PREVIOUSLY PAID AMOUNT: $11,111,900.03 CURRENT INVOICED AMOUNT: $91,426.00
LESS RETENTION: $4,571.30
TOTAL CONTRACT AMOUNT: $11,900,077.50 CURRENT AMOUNT DUE: $86,854.70 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $11,788,162.87 LESS RETENTION: $589,408.14
TOTAL PAID TO DATE: $11,198,754.73

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $111,914.63
Approx. % Complete: 99%
Work completed includes construction staking, erosion control, grading, paving, fence install, masonry, carpentry, door framing, structural steel installl, equipment install, metal building erection, material and equipment purchase, and site electrical installation.

INVOICE SUMMARY
Project consists of a new maintenance and operations building and vehicle wash for the City of Ripon Public Works Dept., including a repair and machine shop, office spaces, restrooms and locker rooms.

CONTRACT INFORMATION BILLING INFORMATION

1.2.G.a
Packet Pg. 44
Attachment: Invoice 17_Diede Construction, Inc (4355 : Diede Construction, Inc.) CONTRACTOR: Diede Construction, Inc.

PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:

INVOICE NO: 18
DATE: 8/31/2024
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $11,788,162.87 LESS RETENTION: $589,408.14
APPROVED CONTRACT CHANGES: $744,077.50 PREVIOUSLY PAID AMOUNT: $11,198,754.73 CURRENT INVOICED AMOUNT: $66,244.00
LESS RETENTION: $3,312.20
TOTAL CONTRACT AMOUNT: $11,900,077.50 CURRENT AMOUNT DUE: $62,931.80 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $11,854,406.87 LESS RETENTION: $592,720.34
TOTAL PAID TO DATE: $11,261,686.53

TOTAL PROGRESS
Remaining Contract Amount: $45,670.63
Approx. % Complete: 99.5%

INVOICE SUMMARY
Work completed includes equipment install, clean-up, HVAC installation and start-ups, and electrical work.

CONTRACT INFORMATION BILLING INFORMATION

1.2.G.b
Packet Pg. 45
Attachment: Invoice 18_Diede Construction, Inc (4355 : Diede Construction, Inc.) CONTRACTOR: American Pavement Systems
PROJECT: South of Main Street Resurfacing Project
PROJECT DESCRIPTION:

INVOICE NO: 2
DATE: 7/31/2024
ORIGINAL CONTRACT AMOUNT: $1,576,800.00 PREVIOUSLY BILLED AMOUNT: $236,564.50 LESS RETENTION: $11,828.23
APPROVED CONTRACT CHANGES: $337,976.83 PREVIOUSLY PAID AMOUNT: $224,736.27 CURRENT INVOICED AMOUNT: $1,435,617.29
LESS RETENTION: $71,780.88
TOTAL CONTRACT AMOUNT: $1,914,776.83 CURRENT AMOUNT DUE: $1,363,836.41 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $1,672,181.79 LESS RETENTION: $83,609.11
TOTAL PAID TO DATE: $1,588,572.68

INVOICE SUMMARY
Remaining Contract Amount: $242,595.04
Approx. % Complete: 87%

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 includes mobilization, demolition of asphalt and concrete, asphalt deep lift repairs, three layer system, type 2 slurry seal, removal and replacement of pavement markings, and storm water pollution control plan.

1.2.H.a
Packet Pg. 46
Attachment: Invoice 2_American Pavement Systems (4377 : American Pavement Systems, Inc.) CONTRACTOR: American Pavement Systems
PROJECT: South of Main Street Resurfacing Project
PROJECT DESCRIPTION:

INVOICE NO: 3
DATE: 8/31/2024
ORIGINAL CONTRACT AMOUNT: $1,576,800.00 PREVIOUSLY BILLED AMOUNT: $1,672,181.79 LESS RETENTION: $83,609.11
APPROVED CONTRACT CHANGES: $337,976.83 PREVIOUSLY PAID AMOUNT: $1,588,572.68 CURRENT INVOICED AMOUNT: $6,745.00
LESS RETENTION: $337.25
TOTAL CONTRACT AMOUNT: $1,914,776.83 CURRENT AMOUNT DUE: $6,407.75 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $1,678,926.79 LESS RETENTION: $83,946.36
TOTAL PAID TO DATE: $1,594,980.43

INVOICE SUMMARY
Remaining Contract Amount: $235,850.04
Approx. % Complete: 88%

CONTRACT INFORMATION BILLING INFORMATION
Work includes mobilization, traffic control, and storm water pollution control.

1.2.H.b
Packet Pg. 47
Attachment: Invoice 3_American Pavement Systems (4377 : American Pavement Systems, Inc.)

1.2.I.a
Packet Pg. 48
Attachment: Invoice 28642_HCS Engineering (4390 : HCS Engineering, Inc.)

1.2.J.a
Packet Pg. 49
Attachment: Invoice 30510_WGR (4393 : WGR Southwest, 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 # 52558
DATE 08/01/2024
DUE DATE 08/31/2024
TERMS Net 30

PROJECT
South County Water Project
3139 - Ripon Water Lines

PERIOD DESCRIPTION QTY RATE AMOUNT
07/31/2024 Principal 3.50 225.00 787.50
07/31/2024 Senior
Environmental
Planner
4 180.00 720.00
07/31/2024 Environmental
Planning
3 125.00 375.00
07/31/2024 Copies B&W 126 0.15 18.90
07/31/2024 Copies Color 24 0.25 6.00
Services through the invoice date. Continuing
work on California Environmental Quality Act
(CEQA) and National Environmental Policy
Act (NEPA) document. Thank you. We
appreciate your business.

BALANCE DUE $1,907.40

1.2.K.a
Packet Pg. 50
Attachment: Invoice 52558_Basecamp (4394 : BaseCamp Environmental, Inc.) Invoice Summary
Description Amount
Trash Implementation Plan $1,997.50
Trash Implementation Plan Expenses $216.04
Description Total Budget Remaining
Budget ($)
Total Billed ($) Prior Billing ($) This Invoice
($)
Trash Implementation Plan $19,500.00 $6,388.26 $13,111.74 $10,898.20 $2,213.54 BUDGET TOTALS $19,500.00 $6,388.26 $13,111.74 $10,898.20 $2,213.54 TOTAL AMOUNT DUE $2,213.54
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: 9/3/24
Due Date: 10/3/24
Total Amount: $2,213.54
Number: 02455
Invoice Period: 08/01/24 - 08/31/24
Terms: Net 30
Project Code: 045
WalletLink Pay Invoice

1.2.L.a
Packet Pg. 51
Attachment: 2024.09.03 Invoice (4395 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Professional Fees
Aleida
Hernan
dez
8/28/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Ripon Assessment Lengths 0.50 $85.00 $42.50
Aleida
Hernan
dez
8/27/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Ripon OVTA Forms 0.50 $85.00 $42.50
Aleida
Hernan
dez
8/1/24 Administration
Assistance -
Billable
Trash
Implementation Plan
Invoicing. 0.50 $85.00 $42.50
Administration Assistance - Billable 1.50 $127.50
Bob
Legge
8/26/2
4 Technical
Professional
Services I
Trash
Implementation Plan
pre, conducting on the ground
inspections and post trash
assessment work.

6.00 $165.0
0 $990.00
Technical Professional Services I 6.00 $990.00
Colleen
Hunt
8/28/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Data management; update maps;
update tables; update plan.

1.50 $185.0
0 $277.50
Colleen
Hunt
8/26/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Review and comments on maps;
internal communications on tasks.

0.50 $185.0
0 $92.50
Technical Professional Services II 2.00 $370.00
Bob
Legge
8/26/2
4 Travel Trash
Implementation Plan
Drivetime from residence in
Windsor to Ripon, around Ripon
and return to Residence in Windsor
for purposes of conducting trash
assessments

6.00 $85.00 $510.00
Travel 6.00 $510.00
Professional Fees 15.50 $1,997.
50 Reimbursable Expenses
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: 9/3/24
Due Date: 10/3/24
Total Amount: $2,213.54
Number: 02455
Invoice Period: 08/01/24 - 08/31/24
Terms: Net 30
Project Code: 045
WalletLink

1.2.L.a
Packet Pg. 52
Attachment: 2024.09.03 Invoice (4395 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Bob
Legge
8/26/2
4 Travel:Mileage Trash
Implementation Plan
Mileage from residence in Windsor
to Ripon, around Ripon and return
to residence in Windsor
312.0
0 $0.67 $209.04
Travel:Mileage -- $209.04
Bob
Legge
8/26/2
4 Travel:Other Trash
Implementation Plan
Richmond Bridge Toll -- $0.00 $7.00
Travel:Other -- $7.00
Reimbursable Expenses 312.0
0 $216.04
TOTAL FEES/EXPENSES -- $2,213.
54 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: 9/3/24
Due Date: 10/3/24
Total Amount: $2,213.54
Number: 02455
Invoice Period: 08/01/24 - 08/31/24
Terms: Net 30
Project Code: 045
WalletLink

1.2.L.a
Packet Pg. 53
Attachment: 2024.09.03 Invoice (4395 : Stone Creek Environmental Consulting) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 09/10/2024
Subject: Public Utility Easement Deed
RECOMMENDED ACTION:

This resolution accepts a Grant of a Public Utility Easement by Liberty Self Storage, LP for certain real property to the City of Ripon in connection with the Liberty Self Storage Project (502 E. Fourth Street) and authorizes the Mayor to sign and execute any and all documents necessary to complete the aforementioned transaction.

BACKGROUND:

This public utility easement along the frontage of the property located at 502 E. Fourth Street is being granted to the City as per the project conditions of approval of City of Ripon Site Review No. SR22-53.

Attachments:

1. PUE_Liberty Self-Storage Facility signed

1.3.A
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RESOLUTION NO. 24-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ACCEPTING A GRANT OF EASEMENT FOR PUBLIC

UTILITY EASEMENT OF CERTAIN REAL PROPERTY TO

THE CITY OF RIPON
WHEREAS, Liberty Self Storage, LP By: ELS Ventures, LLC, An Arizona Limited Liability Company, its General Partner: Mark Elstob, Manager, herein referred to as “GRANTOR” are the owners of real property located in Ripon at 502 E. Fourth Street, San Joaquin County, California 95366 described in Exhibit “A” and “B” of the Grant of Easement for Public Utility Easement attached hereto; and
WHEREAS, the Grant of Easement of the Property to the City of Ripon, herein referred to as “GRANTEE”, will further the public interest; and
WHEREAS, by execution of the Grant of Easement for Public Utility Easement attached hereto, GRANTOR conveyed the Property to the GRANTEE; and WHEREAS, the GRANTEE desires to accept the Grant of Easement for Public Utility Easement to said property to lay, construct, repair, maintain, operate, renew and replace pipelines and appurtenances incidental thereto for the conveyance of water, wastewater, electrical, stormwater and telecommunication with right of ingress and egress to and from same, in, over, under and across the easement; 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 of Easement for Public Utility Easement from GRANTOR. 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 10th day of September, 2024, by the following vote:

1.3.A
Packet Pg. 55
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia

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

By: ___________________________
LISA ROOS, City Clerk

1.3.A
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1.3.A.a
Packet Pg. 57
Attachment: PUE_Liberty Self-Storage Facility signed (24-36 : Public Utility Easement Deed)

1.3.A.a
Packet Pg. 58
Attachment: PUE_Liberty Self-Storage Facility signed (24-36 : Public Utility Easement Deed)

1.3.A.a
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Attachment: PUE_Liberty Self-Storage Facility signed (24-36 : Public Utility Easement Deed)

1.3.A.a
Packet Pg. 60
Attachment: PUE_Liberty Self-Storage Facility signed (24-36 : Public Utility Easement Deed) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/10/2024
Subject: First Amendment California CAD Solutions, Inc. - City GIS System RECOMMENDED ACTION:

Approve and authorize the Mayor to sign Amendment No. 1 to the Professional Services Agreement with California CAD Solutions, Inc. to incorporate public works maintenance activities as part of the GIS program in the not to exceed amount of $11,000 (funding source:

Water Operating Fund).

BACKGROUND:

The City of Ripon has been using a Geographical Information System (GIS) program to display database information on a map. The City contracted with California CAD Solutions, Inc. in 2023 to update its GIS from an outdated program to an ESRI based program, which involved migrating the City’s existing data to this new software program. Currently, the City’s GIS program displays parcel ownership, parcel size, tax assessment, and building size. Additionally, the GIS program displays utility information of the City’s water, sewer, storm, and street light infrastructure.

Additional services provided with the initial scope included training staff on the new program and training the IT Department staff on how to update monthly property ownership information from San Joaquin County.

DISCUSSION/ANALYSIS:

The GIS program has other capabilities public works staff would like to add over time in order to track and plan for various utility infrastructure maintenance activities. Having this type of information available as part of the GIS program will improve the efficiency of the public works operations by eliminating hand written logs and utilizing a program that automatically flags the user when an activity is scheduled.

1.4.A
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At this time, public works is requesting to move forward with adding water valve exercising to the GIS program. California CAD Solutions, Inc. has provided a proposal to update the GIS program, which is summarized below:
 GIS software module update: $8,000
 Water valve exercising programming: $3,000
FISCAL IMPACT:

The cost as described in Amendment No. 1 with California CAD Solutions, Inc. to add the maintenance activity software module along with the water valve maintenance to the GIS program is a not to exceed amount of $11,000. Amendment No. 1 will be funded through the Water Operating Fund. Below is a funding summary of the work on the City GIS program by California CAD Solutions, Inc.

Activity Cost Funding
Create and install new GIS program.

Previously approved and paid. $55,000 LEAP Grant Funds
GIS program improvements (annual subscription, system
infrastructure updates, data update activities). $20,000 Dept Capital Fund Work is underway.

Maintenance activity extension.

Amendment No. 1 (attached) $11,000 Water Operating Fund Total $86,000
Attachments:

1. Amendment No. 1 Cal CAD

1.4.A
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Professional Services Agreement - Page 1 of 1
Additional GIS Services for Public Works
California CAD Solutions, Inc.

AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
CALIFORNIA CAD SOLUTIONS, INC.

This Amendment to the Professional Services Agreement dated January 10, 2024(“Amendment”) is made and entered into on, September 10, 2024 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and California CAD Solutions, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).

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

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

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Eleven Thousand Dollars ($11,000) for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

REMAINING TERMS AND CONDITIONS NOT AFFECTED. Unless expressly amended herein, the remaining terms and conditions of the General Services Agreement dated January 10, 2023, shall remain in full force and effect.

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

CITY OF RIPON CONSULTANT
Leo Zuber, Mayor Raymond Kinser, Founder &
President

1.4.A.a
Packet Pg. 63
Attachment: Amendment No. 1 Cal CAD (4389 : First Amendment California CAD Solutions, Inc. - City GIS System) Quote
Date
6/27/2024
Quote #
605784
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
Terms
Net 30
Sales Rep
RK
Expires
Accepted By
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 MAR DashGIS© Maintenance Activity Reporter Extension • Allows entering of concluded maintenance activities for tracking and predictive purposes
• Work Orders for regularly Scheduled Maintenance activities not included
• Edits made through GIS interface by selecting the feature requiring editing
• Designated personnel can edit maintenance interval, class, as needed • Edits can be made in the office or in the field through any device with connection to the GIS site through browser by District-designated personnel
8,000.00 8,000.00
DashGIS MAR Setup DashGIS© Maintenance Activity Reporter Extension Setup per Infrastructure type
• Work with District Staff to define Activity Reports
• i.e. Assets past maintenance intervals, activities completed within a specified date range – 30, 60, 90 days
• Assist District in defining Maintenance Frequency to apply to Assets • Define District Maintenance Activity Types
1 3,000.00 3,000.00
_____________________________________
$11,000.00
$11,000.00
$0.00
Exhibit A 1.4.A.a
Packet Pg. 64
Attachment: Amendment No. 1 Cal CAD (4389 : First Amendment California CAD Solutions, Inc. - City GIS System) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/10/2024
Subject: Fleet Maintenance Facility Change Order 14
RECOMMENDED ACTION:

Approve Change Order No. 14 for electrical modifications not shown on the original plans and the addition of rubber base board to bottom of the walls inside the shop in the not to exceed amount of $7,289 (funding sources: Corp Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund).

BACKGROUND:

The Fleet Maintenance Facility Project was awarded to Diede Construction, Inc. at the December 13, 2022 City Council meeting for an amount of $11,156,000. The Fleet Maintenance Facility Project will involve the construction of a 12,500 square foot maintenance building and parking lot.

At the March 14, 2023 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $288,622 for raising the elevation of the existing berm at the Wastewater Treatment Plant disposal ponds in order to provide additional storage capacity.

At the June 13, 2023 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $1,466 for additional survey staking.

At the July 26, 2023 City Council meeting, Council approved Change Order No. 3 in the not to exceed amount of $132,150 for electrical revisions and revisions to accommodate SSJID, MID, and Fire Department requirements.

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

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At the September 12, 2023 City Council meeting, Council approved Change Order No. 5 in the not to exceed amount of $62,905 for various contract changes related to unforeseen field conditions, electrical design changes, and new Modesto Irrigation District (MID) requirements.

At the November 14, 2023 City Council meeting, Council approved Change Order No. 6 in the not to exceed amount of $10,424 for an additional structural column, addition of power to electric trap primers, modifying existing storm drain manhole elevation, and piping credit.

At the December 12, 2023 City Council meeting, Council approved Change Order No. 7 in the not to exceed amount of $26,385 for additional grading and paving, restroom wall tile changes, fixture credit, and doorframe and hardware changes.

At the February 13, 2024 City Council meeting, Council approved Change Order No. 8 in the not to exceed amount of $11,920 for flagpole modifications, electric vehicle charging station conduit, and a credit for the removal of skylights from the contract.

At the March 12, 2024 City Council meeting, Council approved Change Order No. 9 in the not to exceed amount of $9,940 for electrical additions to power flush valves and a credit for omitted landscaping and an error on Change Order No. 8.

At the April 9, 2024 City Council meeting, Council approved Change Order No. 10 in the not to exceed amount of $70,966.50 for installation of gas and communication conduits across Doak Boulevard.

At the May 14, 2024 City Council meeting, Council approved Change Order No. 11 in the not to exceed amount of $93,574.00 for installation of a gas conduit to wash equipment, electrical rework, installation of HVAC condensate lines, and installation of a backflow device.

At the June 11, 2024 City Council meeting, Council approved Change Order No. 12 in the not to exceed amount of $1,919 for corner guards and the installation of address signage not shown in the original contract drawings.

At the July 9, 2024 City Council meeting, Council approved Change Order No. 13 in the not to exceed amount of $28,917 for additional electrical circuit, vinyl window tint, and gas piping.

DISCUSSION:

The Fleet Maintenance Facility Project has the following contract changes:

Electrical Modifications: The electrical breakers and a portion of the wiring for the six roll up doors had to be changed due to size requirements outlined by the manufacturer. A power distribution block was installed for the dual motor air compressor. Wiring for the limit switches on both car lifts were added. These electrical items were not shown on the original plans. The additional cost related to these changes is $5,387.

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Rubber Base: Rubber base board was added to bottom of the walls inside the shop building. There was no base board shown on the original plans. The additional cost related to this change is $1,902.

The additional work is to be billed at a cost not to exceed $7,289.

FISCAL IMPACT:

The attached Change Order No. 14 is in the amount of $7,289 and will be allocated to the Corp Yard AB1600 Fund (47.0%), Water, Sewer and Storm Enterprise Capital Funds (15.8%) and General Capital Fund (37.2%). The amended construction contract price is shown in Table 1.

Table 1 – Current Contract Price
Amount
Original Contract Price $ 11,156,000
Change Orders (1-14) $ 751,366.50
Current Contract Price $ 11,907,366.50
On December 13, 2022, City Council approved the total cost of the Fleet Maintenance Facility Project which included $1,115,600 for construction contingency. Change Order No. 1 did not utilize the project contingency because the work was performed at the Wastewater Treatment Plant disposal ponds. The total remaining contingency after subtracting Change Orders No. 2 through 14 is 652,855.50.

Attachments:

1. CO 14

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CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 14 DATE: 9/10/2024
PROJECT: Fleet Maintenance Facility Project SHEET 1 OF 1 SHEETS TO: Diede Construction, Inc.

NOTE: This change order is not effective until approved by the CITY ENGINEER.

Description Cost
Addition of the following items:

Electrical breakers and wiring for roll up doors (PC #153) $3,346.00 Power distribution block for dual motor air compressor (PC #171) $601.00 Wiring for limit switches on car lifts (PC #172) $1,440.00 Install rubber base board inside shop building (PC #160) $1,902.00 Total: $7,289.00
Not to Exceed Cost: Increase
Approval Recommended: Date:

Approved: Date:

Accepted, Date _____________________ Contractor
By ________________________________ Title
Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.

Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract.

Change requested by the Engineer.

If the contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.

All work shall be in accordance with City Standards.

Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$7,289.00
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 3 Calendar Day

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Attachment: CO 14 (4356 : Fleet Maintenance Facility Change Order 14) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 09/10/2024
Subject: Triple M Enterprises, Inc.

RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the contract with Triple M Enterprises, Inc. to perform restoration work at the Waste Water Treatment Plant disposal ponds, in the not to exceed amount of $60,000 (funding source: Sewer Enterprise Capital Fund).

BACKGROUND:

The City of Ripon currently discharges treated wastewater effluent under a Waste Discharge Requirement Order, which was issued in 1994 and is monitored by the State. This permit allows the City to discharge treated effluent by percolating the water into the soil at the 7 disposal ponds located east of Jack Tone Golf Course.

The disposal ponds were impacted by the high volume of rain experienced in late 2022/early 2023. During this time, the rate of percolation was significantly reduced from what had previously been experienced. Additionally, the rain increased the volume of water that needed to be percolated into the soil. In order to mitigate this issue and prevent an unregulated release of treated sewer effluent, the City Council approved the following actions:

1. In March 2023 under an emergency contract, the height of the levee surrounding the 7 disposal ponds was increased to allow for additional storage.

2. Once the weather allowed, individual ponds were emptied and the top 4 inches of material at the bottom of disposal ponds that was impacting the percolation rate was removed and the pond was deep ripped. To date, this has been completed in 4 of the 7 disposal ponds.

This work has restored the typical percolation rate of the disposal ponds.

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DISCUSSION:

Staff has requested a cost from Triple M Enterprises, Inc to skim off the top 4 inches and deep rip 2 more of the 7 disposal ponds. The total cost of this work is $60,000.

Looking ahead there is 1 final disposal pond in need of restoration, the timing for this work will depend on how soon the pond dries and how much time we have before the wet season begins.

Additionally, staff is evaluating electronic monitoring and tracking equipment to help maximize the efficiency and effectiveness of our maintenance activities at the Waste Water Treatment Plant.

Staff is recommending the City Council approve and authorize the Mayor sign the contract with Triple M Enterprises, Inc to perform the pond restoration of 2 disposal ponds at the Waste Water Treatment Plant, in the not to exceed amount of $60,000.

FISCAL IMPACT:

The attached contract with Triple M Enterprises, Inc. for the amount of $60,000 will be paid for through the Sewer Enterprise Capital Fund.

Attachments:

1. Percolation Pond Restoration Contract

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CITY OF RIPON

SAN JOAQUIN COUNTY, CALIFORNIA

SPECIFICATIONS
FOR
Percolation Pond Restoration Project
ENGINEER’S CERTIFICATIONS:

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

Kevin Werner, P.E.

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

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Rev_6/2022
i

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

END OF TABLE OF CONTENTS

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Percolation Pond Restoration Project GENERAL INFORMATION Page | 1
GENERAL INFORMATION – Section 1

1. Project Information. The Project is located at Ripon Wastewater Treatment Plant. The work comprises the furnishing of all labor, materials, tools, and equipment required to complete this project as detailed on the proposal.

2. License and Registration Requirements

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

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

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

3. Labor Compliance

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

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

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

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

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

END OF GENERAL INFORMATION

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Percolation Pond Restoration Project PROPOSAL
Page | 2
PROPOSAL – Section 2
Proposal
Percolation Pond Restoration Project
Triple M Enterprises, Inc. (“Contractor”) hereby submits the attached Proposal to the City of Ripon (“City”) for the above-referenced project (“Project”).

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Triple M Enterprises, Inc.
25450 S. Mohler Rd.

Ripon, CA 95366
Phone (209) 599-3112
Cont. Lic. No.: 993807
ITEM DESCRIPTION UNIT QUANT. RATE AMOUNT
A. MOBILIZATION
1 Moving Equipment In and Out EA 1 $1,620.00 $1,620.00
SUB-TOTAL $1,620.00
B. SKIM SLUDGE OUT OF POND
1 HR 24 $260.00 $6,240.00
2 HR 24 $385.00 $9,240.00
3 Cat D8 HR 4 $365.00 $1,460.00
4 HR 0 ----- -----> Not Included
SUB-TOTAL $16,940.00
C. PERIMETER SLOPE REPAIR
1 HR 24 $260.00 $6,240.00
2 HR 32 $365.00 $11,680.00
3 JD 9520R Laser Scraper HR 25 $360.00 $9,000.00
4 HR 0 ----- -----> Not Included
SUB-TOTAL $26,920.00
D. LASER FINISH BOTTOM OF PONDS
1 JD 9520R Laser Scraper HR 16 $360.00 $5,760.00
SUB-TOTAL $5,760.00
E. RIP POND BOTTOMS
1 Cat D8 HR 24 $365.00 $8,760.00
SUB-TOTAL $8,760.00
Estimated Total: $60,000.00
NOTES:
1 2
3 4
5 This estimate assumes stable soil in a "non-pumping" condition. Wet or unstable soil conditions from things like inclement (rainy) weather or sub-surface/groundwater seepage will cause cost increases and project delays.

Prior to commencing work, Client shall pothole and positively locate any utilities within the work area.

Triple M Enterprises shall not be held responsible for broken concrete or damage to private pipes/utilities where heavy equipment is operating on top of it.

No costs for overtime have been included. Estimate assumes a standard 5 day, 40 hour work week. Client subject to additional charges if client wishes to accelerate project schedule by working overtime.

List of abbreviations used: EA=Each; HR=Hours -or- Hourly; QUANT.=Quantity Cat 140G
Cat 623B
Cat D8
Cat 140G
Water Truck
Water Truck
ESTIMATE OF COSTS FOR:

City of Ripon Pond Maintenance - Ponds 3 and 4 ONLY
Ripon, CA
August 2, 2024
----Estimate Valid For 30 Days----

Page 1 of 1 ends

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Percolation Pond Restoration Project CONTRACT
Page | 3
CONTRACT DOCUMENTS – Section 3
Contract
For
Percolation Pond Restoration Project
This Contract made and entered into this 10th day of September, 2024, by and between the CITY OF RIPON, hereinafter called the "City" whose office and principal place of business is in Ripon, San Joaquin County, California, and Triple M Enterprises, Inc., hereinafter called the "Contractor", whose Post Office address is 25450 S. Mohler Rd., Ripon, CA 95366.

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

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

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Percolation Pond Restoration Project CONTRACT
Page | 4
which any such insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
h) Wherever and whenever the word “City” is used in this Contract, it shall mean the “City of Ripon.” This shall also apply to the Insurance Requirements for Contractors, as well as to the Proposal, Contract, Specifications and all required bonds. The address of the City is 259 North Wilma Avenue, Ripon, CA 95366. i) To indemnify and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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

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

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

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

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

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

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

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Percolation Pond Restoration Project CONTRACT
Page | 5
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate, on the day and year first above written.
“CONTRACTOR” “CITY”
Triple M Enterprises, Inc. CITY OF RIPON, a Municipal Corporation By: By:

Leo Zuber, Mayor

END OF CONTRACT

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Percolation Pond Restoration Project INSURANCE REQUIREMENTS Page | 6
INSURANCE REQUIREMENTS – Section 4
Contractor shall procure and maintain for the duration of the contract the required insurance against claims for injuries to persons or damage to property, which may arise from or in connection with the performance of the work of the Contractor, its agents, employees, representatives, and subcontractors. The cost of such insurance shall be included in the contractor’s bid.

A. MINIMUM SCOPE OF INSURANCE

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

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

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

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

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

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Percolation Pond Restoration Project INSURANCE REQUIREMENTS Page | 7
C. OTHER INSURANCE PROVISIONS
The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

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

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

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

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

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

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

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

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

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) Percolation Pond Restoration Project INSURANCE REQUIREMENTS Page | 8

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

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

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

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

END OF INSURANCE REQUIREMENTS

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Attachment: Percolation Pond Restoration Contract (4370 : Triple M Enterprises, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 09/10/2024
Subject: Short Range Transit Plan
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with LSC Transportation Consultants, Inc. to prepare the Ripon Short Range Transit Plan in the amount of $72,220 (funding source: Federal Transit Administration Section 5311 grant).

BACKGROUND:

The Short Range Transit Plan is the primary justification for federal and state grants for transit operations and capital projects. Federal transportation statutes require that the City of Ripon develop and periodically update their Short Range Transit Plan to meet current and future transit needs. This update will involve evaluating existing services, engaging with the community, and identifying opportunities for improvement to ensure the transit system meets evolving demands.

DISCUSSION:

On August 13, 2024, bids for the Short Range Transit Plan update were opened; 2 bids were received as summarized below:

LSC Transportation Consultants, Inc. $72,220.00
Innovate Mobility $50,327.07 *
*The fee included in the proposal does not include all tasks proposed in the scope.

Staff has reviewed the bids and found LSC Transportation Consultants, Inc., who is located in Northern California, ranked the highest to prepare the Ripon Short Range Transit Plan.

FISCAL IMPACT:

The total cost of $72,220 for development of a Short Range Transit Plan will be funded by a grant from the Federal Transit Administration Section 5311 funds.

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Attachments:

1. Services Agreement_LSC Transportation Consultants, Inc

2. Exhibit A_Scope of Services

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Professional Services Agreement - Page 1 of 7
Development of Short Range Transit Plan
LSC Transportation Consultants, Inc.

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND
LSC TRANSPORTATION CONSULTANTS, INC.

This Agreement for Professional Services (“Agreement”) is entered into on, September 10, 2024 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and LSC Transportation Consultants, Inc. (“Consultant”), (together sometimes referred to as the “Parties”).

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

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

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 Seventy Two Thousand, Two Hundred Twenty Dollars ($72,220) 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.

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Attachment: Services Agreement_LSC Transportation Consultants, Inc (4380 : Short Range Transit Plan) Professional Services Agreement - Page 2 of 7
Development of Short Range Transit Plan
LSC Transportation Consultants, Inc.

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

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

3.1 General Liability. Consultant shall maintain commercial general liability insurance with coverage in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Consultant’s general liability policies shall be primary and noncontributory, 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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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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6.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, sub-Consultant, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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

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budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

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

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

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

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

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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

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

9.6 Notices.

Any written notice to Consultant shall be sent to:

Genevieve Evans
AICP, Principal
LSC Transportation Consultants, Inc.
2690 Lake Forest Rd., Suite C
Tahoe City, CA 96145
Any written notice to the City shall be sent to:

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

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

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

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

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

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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 Genevieve Evans, AICP, Principal

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

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Attachment: Exhibit A_Scope of Services (4380 : Short Range Transit Plan) [
Task 5· Develop Conceptual Design
Currently, the Blossom Express and San Joaquin RTD Route 91 share two stops: West Colony/Goodwin {SaveMart) and the Ripon Senior Center. However, a passenger wishing to travel to Stockton must wait over an hour at SaveMart to catch the Route 91 bus. Changes to the Blossom Express schedule to better make these connections will be discussed as part of Task 4 (Tech Memo 2). Passenger amenities, such as shelters or benches at a transfer point can improve the passenger experience and encourage ridership. As part of this task, LSC will conduct a high-level review of capital improvements for a potential transfer point between RTD and Blossom Express in the City of Ripon. The discussion will consider passenger amenities as well as sufficient curb space for two vehicles.

As part of this task, LSC will provide a discussion of recent technology available for traffic signal preemption for transit vehicles.
[
Task 6 • New Staff Cost
LSC will develop a high-level cost analysis to hire either a full-time or part-time transit coordinator or manager to oversee the transit operations, schedules, routes, etc. This will include a ballpark estimate of the number of labor hours required each year along with staff costs for similar positions at other agencies. This analysis will also include a peer review of contracted driver costs for similar transit agencies. This task will be incorporated into the Administrative Draft Short Range Transit Plan. [
Task 7· Prepare Draft and Final Short Range Transit Plan Task 7.1: Administrative and Draft Short Range Transit Plan Work conducted to date will be combined to create an Administrative Draft SRTP for review by City and Transit Staff. All feedback and input will be incorporated into a Public Draft SRTP for City Council review and input. LSC will be available to present the Draft SRTP to the City Council virtually.

Task 7.2: Final Short Range Transit Plan
All comments collected regarding the Draft Plan from the City Council and the public will be used to prepare the Final City of Ripon Short Range Transit Plan (SRTP).

Task 7 Deliverables: Administrative Draft SRTP, Public Draft SRTP, Final SRTP.

Qualifications for the Preparation of the LSC Transportation Consultants, Inc.

City of Ripon Short Range Transit Plan Update Page 12

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Attachment: Exhibit A_Scope of Services (4380 : Short Range Transit Plan) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Daniel Sauer, Chief of Police
Date: 09/10/2024
Subject: Grand Jury Response - Final
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the letter of response to the findings and recommendations of 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”.

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” (see attached). In the published case the Grand Jury has made Findings and Recommendations to each entity within the county.

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.

At the August City Council meeting, staff presented a draft of a letter for City Council input to the Grand Jury responding to each finding and recommendation of Case No. 0318 that is applicable to the City of Ripon. It was determined no changes were necessary.

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Staff is requesting the City Council approve the final response to the Grand Jury. Following approval of the letter it will be submitted to the San Joaquin County Grand Jury as the City of Ripon’s official response.

FISCAL IMPACT
None.

Attachments:

1. Grand Jury Report No. 0318

2. FINAL City Council Response to Grand Jury

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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. 101 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 102 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 103 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 104 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 105 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 106 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 107 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 108 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 109 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 110 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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. 111 Attachment: Grand Jury Report No. 0318 (4379 : Grand Jury Response - Final) 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 comments follow below.

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 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.

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Packet Pg. 112 Attachment: FINAL City Council Response to Grand Jury (4379 : Grand Jury Response - Final) San Joaquin County Grand Jury
August 13, 2024

Page 2 of 2 ends

Response to R2: In response, the City Council agrees with the Grand Jury’s Finding and Recommendation R2. In 2019, the Police Chief adopted, and the City Council hereby supports, Department Order #600-01 entitled “Cold Case Investigations”. Article II of said Department Order includes a new definition of “Cold Case Investigations” which is consistent with Recommendation R2.

R8: Each law enforcement agency in San Joaquin County sign a Partnership and Cooperation Agreement with the newly formed Cold Case Task Force no later than October 1, 2024.

Response to R8: In response, the City Council agrees with the Grand Jury’s Finding and Recommendation R8. In 2019, the Police Chief adopted, and the City Council hereby supports, Department Order #600-01 entitled “Cold Case Investigations”. Relative to Recommendation R8, Department Order 600-01 states: “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.”
R10: Each law enforcement agency in San Joaquin County develop a procedure and practice for maintaining periodic contact with family members of cold case victims no later than October 1, 2024.

Response to R10: In response, the City Council agrees with the Grand Jury’s Finding and Recommendation R10. In 2019, Police Chief adopted, and the City Council hereby supports, Department Order #600-01 entitled “Cold Case Investigations”. Relative to Recommendation R10, Department Order 600-01 establishes a procedure and practice for maintaining periodic contact with family members of cold case victims.

Finding and Recommendation R.1.1
The City of Ripon will participate in the task force being formed and implemented by the San Joaquin Sheriff’s office.

The City Council appreciates the efforts of the Grand Jury in connection with the aforementioned report, and the opportunity to provide this response.

Sincerely,
Leo Zuber
Mayor, City of Ripon

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Packet Pg. 113 Attachment: FINAL City Council Response to Grand Jury (4379 : Grand Jury Response - Final) 555 West Benjamin Holt Drive, Bldg A
Stockton, CA 95207-3888
City of Ripon Fees Invoice Date:

Page 1 of 11 ends

Fee Group Name:

Fee Group Number:

Due Date:

August 15, 2024
September 14, 2024
132
City of Ripon Fees
209-929-1558
Administrative Officer: Marina Ortiz
Invoiced Fee Summary
Current Semi-annual Fees $62,244.65
Balance From Previous Invoice $0.00
Payments Received $0.00
Total Amount Due $62,244.65
Customer Copy
Detach and return portion below in the enclosed envelope.

Should you have any questions or comments, please contact your administrator. Fees not paid in 30 days will be charged to the account.

IMPORTANT PAYMENT INFORMATION
555 West Benjamin Holt Drive, Bldg A
Stockton, CA 95207-3888
Bank Of Stockton Wealth Management Group
Invoice:

Fee Group Name:

Invoice Date: August 15, 2024
Amount Due: $62,244.65
Amount Paid:

Please Remit Payment To:

PAYMENT DUE 30 DAYS FROM INVOICE DATE
ATTN: LISA ROOS
259 N WILMA AVENUE
RIPON, CA 95366

CITY OF RIPON
555 West Benjamin Holt Drive, Bldg A
Stockton, CA 95207-3888
City of Ripon Fees
1631236
Bank Of Stockton Wealth Management Group
a
Packet Pg. 114 Attachment: Bank of Stockton semi-annual fee invoice 2024.08 (4376 : Bank of Stockton) 555 West Benjamin Holt Drive, Bldg A
Stockton, CA 95207-3888
City of Ripon Fees Invoice Date:

Page 2 of 11 ends

Fee Group Name:

Fee Group Number:

Due Date:

August 15, 2024
September 14, 2024
132
City of Ripon Fees
Accounts Included on this Invoice
XXXXX1016 CITY OF RIPON - MAIN ACCOUNT
XXXXX1024 CITY OF RIPON FBO ROBINA STEPHENS
XXXXX10B4 CITY OF RIPON FBO LISA ROOS
XXXXX10C2 CITY OF RIPON FBO BRUCE L REEH
XXXXX10D0 CITY OF RIPON FBO JOANNE BEUKELMAN
XXXXX10F5 CITY OF RIPON FBO JUSTO VALENCIA
XXXXX10H9 CITY OF RIPON FBO MACY JOSEPH-GREEN
XXXXX1115 CITY OF RIPON FBO DON MEEUWSE
XXXXX1255 CITY OF RIPON FBO VICTORIA MCGEE
XXXXX1289 CITY OF RIPON FBO TODD HATCH
XXXXX12B2 CITY OF RIPON FBO CRISTINA MEDEIROS
XXXXX1347 CITY OF RIPON FBO LINDA VAN TOL
XXXXX1404 CITY OF RIPON FBO JACOB JOHN LOOGMAN
XXXXX1438 CITY OF RIPON FBO KYE STEVENS
XXXXX1453 CITY OF RIPON FBO JOAQUIN MURRIETTA
XXXXX1461 CITY OF RIPON FBO JAMES BODESON
XXXXX14B0 CITY OF RIPON FBO ELIZABETH QUILICI
XXXXX1537 CITY OF RIPON FBO KEN ZUIDERVAART
XXXXX1578 CITY OF RIPON FBO MITZI L. JOHNSTON
XXXXX1586 CITY OF RIPON FBO CARLA RODRIGUEZ
XXXXX1628 CITY OF RIPON FBO GEORGE VIEIRA
XXXXX1677 CITY OF RIPON FBO SARAH HOLLANDER
XXXXX1685 CITY OF RIPON FBO JOSEPH CORTES
XXXXX1701 CITY OF RIPON FBO SHERELLE NOPPE
XXXXX1743 CITY OF RIPON FBO NORMA CABELLO
XXXXX1750 CITY OF RIPON FBO ROBERT DELGADO, SR
XXXXX1768 CITY OF RIPON FBO JON E. JOHNSON
XXXXX1776 CITY OF RIPON FBO ANGEL MORENO
XXXXX1784 CITY OF RIPON FBO JERRY PIERCE
XXXXX1792 CITY OF RIPON FBO GAIL FRY
XXXXX1800 CITY OF RIPON FBO JAMES BELL
XXXXX1818 CITY OF RIPON FBO DOUG R. DOLLARHIDE
XXXXX1842 CITY OF RIPON FBO ALBERT BRAGA, II
XXXXX1875 CITY OF RIPON FBO DANIEL BRANNON
XXXXX1883 CITY OF RIPON FBO CHRISTINA CARO
XXXXX1891 CITY OF RIPON FBO FRANCIS BALDONADO
XXXXX1909 CITY OF RIPON FBO MARIA RIES
XXXXX1917 CITY OF RIPON FBO CHAD PADILLA
XXXXX1925 CITY OF RIPON FBO KEVIN WERNER
XXXXX1933 CITY OF RIPON FBO BRANDON HINKSTON
XXXXX1941 CITY OF RIPON FBO JAMES MORAD
XXXXX1958 CITY OF RIPON FBO JAMES PEASE
XXXXX2001 CITY OF RIPON FBO GERALDINE VANGORKUM
XXXXX3001 CITY OF RIPON FBO RICARDO TOVAR
XXXXX4001 CITY OF RIPON FBO MARK UECKER
XXXXX9001 CITY OF RIPON FBO ELIZABETH MILLARD
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Packet Pg. 115 Attachment: Bank of Stockton semi-annual fee invoice 2024.08 (4376 : Bank of Stockton) 555 West Benjamin Holt Drive, Bldg A
Stockton, CA 95207-3888
City of Ripon Fees Invoice Date:

Page 3 of 11 ends

Fee Group Name:

Fee Group Number:

Due Date:

August 15, 2024
September 14, 2024
132
City of Ripon Fees
XXXXX2001 CITY OF RIPON FBO RAMIRO GONZALEZ
XXXXX8001 CITY OF RIPON FBO JORDAN DE SA
XXXXX9001 CITY OF RIPON FBO SHELBY DEHAVEN
XXXXX9002 CITY OF RIPON FBO ROBERT MAES
XXXXX9003 CITY OF RIPON FBO HEATHER MARTIN
XXXXX9004 CITY OF RIPON FBO VANESSA LEMUS
XXXXX3001 CITY OF RIPON FBO COLE BECKERDITE
XXXXX6001 CITY OF RIPON FBO DANIEL HUERTA
XXXXX7001 CITY OF RIPON FBO NATHAN NOBLES
XXXXX7002 CITY OF RIPON FBO STEVEN COLEY
XXXXX0001 CITY OF RIPON FBO JANE KILGORE
XXXXX0001 CITY OF RIPON FBO AHATZIN F. ARANDA
XXXXX0002 CITY OF RIPON FBO CARLOS CAMPOS
XXXXX0003 CITY OF RIPON FBO AMANDA MULDER
XXXXX2001 CITY OF RIPON FBO KARSTEN GERDES
XXXXX3001 CITY OF RIPON FBO PAUL BENEVIDES
XXXXX3002 CITY OF RIPON FBO SARAH COLLINS
XXXXX6001 CITY OF RIPON FBO ANTHONY M. GONZALES
XXXXX0001 CITY OF RIPON FBO STEVEN NGUYEN
XXXXX0002 CITY OF RIPON FBO NICHOLAS FEREIRA
XXXXX1001 CITY OF RIPON FBO ALEJANDRO ARIAS
XXXXX2001 CITY OF RIPON FBO CHRISTIANA GIEDD
Current Fees:

Account No. Account Name Reference # Fee Schedule Account Fees Net Fee This information and pages 4 - 11 have been redacted or removed because they contain personal individual account information. LR 8/22/2024
a
Packet Pg. 116 Attachment: Bank of Stockton semi-annual fee invoice 2024.08 (4376 : Bank of Stockton) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 09/10/2024
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.

The proposed amendment to Chapter 17.16 Real Property Development Fees will amend this section of the 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.

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

FISCAL IMPACT:

There is no fiscal impact since engineering staff does not inspect utility infrastructure.

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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.

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 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. 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 10th day of September, 2024, by the following vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER:Michael Restuccia, 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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Ripon City CouncilSeptember 10, 2024

Ripon City Council
September 10, 2024