Agenda packet — Ripon City Council, October 8, 2024 (part 2 of 2)

d) Buried Utilities - CLIENT will furnish to CONDOR information identifying the type and location of utility lines and other man-made objects beneath the site's surface. CONDOR will take reasonable precautions to avoid damaging these man-made objects and will, prior to penetrating the site's surface, furnish to CLIENT a plan indicating the locations intended for these penetrations with respect to which CONDOR has been told are the locations of utilities and other man-made objects beneath the site's surface. CLIENT will approve the location of these penetrations prior to their being made and CLIENT will authorize CONDOR to proceed. CLIENT agrees to waive any claim against CONDOR, and to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from CONDOR's damaging underground utilities or other man-made objects that were not called to CONDOR's attention or which were not properly located on plans furnished to CONDOR. CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy. e) Jobsite Safety - Insofar as jobsite safety is concerned, CONDOR is responsible solely for CONDOR’s employees’ activities on the jobsite, but this shall not be construed to relieve CLIENT or any construction contractors from their responsibilities for maintaining a safe jobsite. Neither the professional activities of CONDOR, nor the presence of CONDOR employees and subcontractors, shall be construed to imply CONDOR has any responsibility for methods of work performance, superintendence, sequencing of construction, or safety in, on or about the jobsite.

CONDOR shall not have the responsibility, authority or ability to remove or correct jobsite hazards. CLIENT agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the CLIENT’s agreement with the General Contractor.

CLIENT also warrants that CONDOR shall be made an additional insured under the General Contractor’s general liability insurance policy. f) Aquifer Contamination - Subsurface sampling may result in unavoidable contamination of certain subsurface areas, as when a probe or boring device moves through a contaminated area, linking it to an aquifer, underground stream, or other hydrous body not previously contaminated and capable of spreading hazardous materials off-site. Because nothing can be done to eliminate the risk of such an occurrence, and because subsurface sampling is a necessary aspect of the work which CONDOR will perform on CLIENT's behalf, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a result of alleged cross-contamination caused by sampling. CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy. g) Discovery of Unanticipated Hazardous Materials - Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. CONDOR and CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CONDOR and CLIENT also agree that the discovery of unanticipated hazardous materials will make it necessary for CONDOR to take immediate measures to protect human health and safety, and/or the environment. CONDOR agrees to notify CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. CLIENT encourages CONDOR to take any and all measures that in CONDOR's professional opinion are justified to preserve and protect the health and safety of CONDOR's personnel and the public, and/or the environment, and CLIENT agrees to compensate CONDOR for the additional cost of such work. In addition, CLIENT waives any claim against CONDOR, and agrees to indemnify, defend and hold CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's encountering of unanticipated hazardous materials or suspected hazardous materials. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy.
h) Naturally Occurring Asbestos (NOA) – CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a result of NOA. CLIENT further agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy.
i) Disposal of Samples - Soil, rock, water and/or other samples obtained from the Project site are the property of CLIENT. CONDOR shall preserve such samples for no longer than forty-five (45) calendar days after the issuance of any document that includes the data obtained from them, unless other arrangements are mutually agreed upon in writing. Should any of these samples be contaminated by hazardous substances or suspected hazardous substances, it is CLIENT's responsibility to select and arrange for lawful disposal procedures, that is, procedures which encompass removing the contaminated samples from CONDOR's custody and transporting them to a disposal site. CLIENT is advised that, in all cases, prudence and good judgment should be applied in selecting and arranging for lawful disposal procedures.

Due to the risks to which CONDOR is exposed, CLIENT agrees to waive any claim against CONDOR, and to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss arising from CONDOR's containing, labeling, transporting, testing, storing or other handling of contaminated samples. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy. j) Drill Cuttings and Fluids - CLIENT recognizes that, when it is known, assumed or suspected that hazardous materials exist beneath the surface of the project site, certain waste materials, such as drill cuttings and drilling fluids, should be handled as if contaminated. Accordingly, to protect human health and safety as well as the environment, CONDOR will appropriately contain and label such materials; will promptly inform CLIENT that such containerization and labeling has been performed, and will leave the containers on site for proper, lawful removal, transport and disposal by CLIENT. CLIENT waives any claim against CONDOR and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss which may arise as a result of the drill cuttings, drilling fluids or other assumedly hazardous materials being left on site after their containerization by CONDOR. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy. k) Construction-Phase Services - If CONDOR is retained by CLIENT to provide a site representative for the purpose of monitoring specific portions of construction work or other field activities as set forth in the Work Order, then this phase applies. For the specified assignment, CONDOR will report observations and professional opinions to CLIENT. No action of CONDOR or CONDOR's site representative can be construed as altering any AGREEMENT between CLIENT and others. CONDOR will report to CLIENT any observed geotechnically related work which, in CONDOR's professional opinion, does not conform with plans and specifications. CONDOR has no right to reject or stop work of any agent of

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the CLIENT. Such rights are reserved solely for CLIENT. Furthermore, CONDOR's presence on site does not in any way guarantee the completion or quality of the performance of the work of any party retained by CLIENT to provide field or construction-related services.

CONDOR will not be responsible for and will not have control or charge of specific means, methods, techniques, sequences or procedures of construction or other field activities selected by any agent or agreement of CLIENT, or safety precautions and programs incident thereto. l) Joint and Several Liability - If hazardous materials are encountered in this project, it is possible that the concept of joint and several liability could be construed to make CONDOR partly or wholly responsible for damages created directly or indirectly by the hazardous materials. CLIENT agrees that it would be unfair for CONDOR to be exposed to such an action because CONDOR had nothing whatsoever to do with the creation of the hazardous condition. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss arising from application of a joint and several liability concept that would in any manner hold or seek to hold CONDOR responsible for creating a hazardous materials condition or permitting one to exist. CLIENT also agrees to compensate CONDOR for any time spent and expenses incurred by CONDOR in defense of any such claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy. m) Indemnification by CONDOR - CONDOR agrees to hold harmless and indemnify CLIENT from and against liability arising out of CONDOR's negligent performance of the work, subject to any limitations, other indemnifications or other provisions CLIENT and CONDOR have agreed to. Under no circumstances, however, shall CONDOR have any obligation to defend independently or collectively CLIENT or other Indemnified Parties from and against liability for damages that may arise or be attributed to work performed by CONDOR under this Agreement. Nor shall CONDOR have any obligation to pay for or compensate any party for their defense costs or fees. n) Extension of Protection - CLIENT agrees to extend any and all limitations, indemnifications and waivers provided by CLIENT to CONDOR to those individuals and organizations CONDOR retains for proper execution of the work. These shall be deemed to include, but not necessarily be limited to, CONDOR's officers and employees and their heirs and assigns, as well as CONDOR's agents, subconsultants and subcontractors and their officers, employees, heirs and assigns.
o) Subsurface Risks - CLIENT recognizes that special risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program, implemented with the appropriate equipment and experienced personnel under the direction of a trained professional who functions in accordance with a professional standard of care may fail to detect certain conditions, because they are hidden and therefore cannot be considered in development of a subsurface exploration program. For similar reasons, actual environmental, geologic and geotechnical conditions that CONDOR properly infers to exist between sampling points may differ significantly from those that actually exist. The passage of time also must be considered, and CLIENT recognizes that, due to natural occurrences or direct or indirect human intervention at the site or distant from it, actual conditions discovered may quickly change. CLIENT realizes that nothing can be done to eliminate these risks altogether, but certain techniques can be applied by CONDOR to help reduce them to that level deemed tolerable by CLIENT. CONDOR is available to explain these risks and risk reduction methods to CLIENT but, in any event, the scope of services included with this Agreement is that which CLIENT agreed to or selected in light of his own risk preferences and other considerations. p) Holding CONDOR Harmless - CLIENT understands that "holding CONDOR harmless" would, among other things, require CLIENT to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any claim for which CLIENT has agreed to indemnify CONDOR, and that such compensation will be based upon CONDOR's current fee schedule and expense reimbursement policy.

6. OWNERSHIP OF INSTRUMENTS OF SERVICE
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by CONDOR as instruments of service shall remain the property of CONDOR. CONDOR shall retain these records for a period of one (l) year following submission of reports related to the scope of work included in approved Work Orders, during which period they will be made available to CLIENT at all reasonable times.

7. DISPUTE RESOLUTION
a) Curing a Breach - In the event either party believes that the other has committed a material breach of this Agreement, the party maintaining such a belief shall issue a termination notice to the other identifying the facts as perceived, and both parties shall bargain in good faith to cure the causes for termination as stated in the termination notice. If such a cure can be effected prior to the date by which termination otherwise would be effective, both parties shall commit their understanding to writing, and termination shall not become effective. If in curing an actual or alleged breach either party shall waive any rights otherwise inuring to them by virtue of this Agreement, such waiver shall not be construed to in any way affect future application of the provision involved or any other provision. b) Arbitration - All claims, disputes, and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement of the breach thereof, shall be decided by arbitration in accordance with the then-most current rules of the American Arbitration Association, if the parties mutually agree.

8. SUSPENSION
Upon fourteen (14) calendar days' written notice to CONDOR, CLIENT may suspend CONDOR's work. If payment of CONDOR's invoices is not maintained on a thirty (30) calendar day current basis by CLIENT, CONDOR may by giving fourteen (14) calendar days' written notice to CLIENT suspend further work until payment is restored to a current basis. Suspension for any reason exceeding forty-five (45) calendar days shall, at CONDOR's option, make this Agreement subject to renegotiation or termination, as provided for elsewhere in this Agreement. Any suspension shall extend the time schedule for performance in a manner that is satisfactory to both CLIENT and CONDOR, and CONDOR shall be compensated for services performed and charges incurred prior to the suspension date, plus suspension charges.

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Suspension charges may include, but shall not be limited to, services and costs associated with putting analyses and documents in order, rescheduling and reassigning personnel and/or equipment and issuing necessary or customary notices to appropriate government agencies.

Compensation to CONDOR shall be based upon CONDOR's current fee schedule and expense reimbursement policy.

9. TERMINATION
CLIENT or CONDOR may terminate this Agreement for reasons identified elsewhere in this Agreement, or for other reasons which may arise.

In the event such termination becomes necessary, the party effecting termination shall so notify the other party, and the termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause therefore, CLIENT shall within thirty (30) calendar days of termination remunerate CONDOR for services rendered and costs incurred, in accordance with CONDOR's current fee schedule and expense reimbursement policy. Services shall include those rendered up to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on.

Costs shall include those incurred up to the time of termination, as well as those associated with termination and post-termination activities, such as demobilization, decontaminating and/or disposing of equipment, disposal and replacement of contaminated consumables, and so on.

10. MISCELLANEOUS
a) Governing Law - The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California.
b) Waiver - The parties agree that a waiver of breach of one term, covenant, or condition of this Agreement is not a waiver of breach of others, nor of subsequent breach of the one waived.
c) Severability - CLIENT and CONDOR have entered into this Agreement of their own free will, to communicate to one another mutual understandings and responsibilities. Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, CLIENT and CONDOR will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. d) Headings - The headings contained in this Agreement are for convenience of reference only and in no way limit or define the scope of this Agreement.
e) Attorneys' Fees - Should any litigation be commenced between the parties to this Agreement concerning this Agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled to, in addition to such other relief as may be granted, a reasonable sum as and for its attorney fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.
f) Assignment - Neither this Agreement nor any interest therein shall be assigned by either party without the written consent of the other. g) Binding on Heirs - This Agreement shall be binding on and shall inure to the benefit of the heirs, executor, administrators, successors and assigns of the parties hereto.
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CONDOR EARTH

SCHEDULE OF FEES
2024
STAFF MEMBER RATE PER HOUR ($)

PRINCIPALS/PROJECT MANAGEMENT
Senior Principal ........................................................................................................................................ 260.00 Principal Engineer/Geologist .................................................................................................................... 233.00 Project Director ........................................................................................................................................ 221.00 Project/Senior Manager ............................................................................................................................ 195.00

TECHNICAL
Senior Geotechnical Engineer .................................................................................................................. 221.00 Registered Geotechnical Engineer ........................................................................................................... 211.00 Certified Hydrogeologist/Engineering Geologist ..................................................................................... 211.00 Senior Geologist/Engineer/Environmental Specialist .............................................................................. 201.00 Senior Process Safety Management Specialist ......................................................................................... 201.00 Unmanned Aerial System (UAS) Specialist ............................................................................................. 162.00 GIS Programmer/Analyst ......................................................................................................................... 162.00 Process Safety Management Specialist .................................................................................................... 162.00 Resident Construction Inspector ............................................................................................................... 177.00 Associate Geologist/Engineer/Environmental Specialist ......................................................................... 162.00 Aboveground Storage Tank (AST) Certified Inspector ............................................................................ 162.00 Staff Geologist/Engineer/Environmental Specialist ................................................................................. 147.00 GIS Technician ......................................................................................................................................... 136.00 Engineering Assistant ............................................................................................................................... 119.00 Senior Technician ..................................................................................................................................... 113.00 Draftsperson ............................................................................................................................................. 108.00 Technician .................................................................................................................................................. 93.00 MATERIALS TESTING *
MTSI Project/Laboratory Manager .......................................................................................................... 151.00 Certified Welding Inspector ..................................................................................................................... 145.00 Special Inspector ...................................................................................................................................... 123.00 Senior Materials Technician ..................................................................................................................... 118.00 Materials Technician ................................................................................................................................ 102.00

SUPPORT STAFF
Senior Project Administrator .................................................................................................................... 141.00 Administrative Specialist.......................................................................................................................... 113.00 Project Coordinator .................................................................................................................................. 113.00 Technical Editor ......................................................................................................................................... 84.00 Administrative Assistant ............................................................................................................................ 78.00

MISCELLANEOUS
Overtime (all Saturday work is overtime) ................................................................................... (1.3 times rate) Double-time (all Sundays and Holidays)..................................................................................... (1.7 times rate) Litigation Support ...................................................................................................................... 300.00 – 400.00

NON-LABOR CHARGES
Vehicle charge ................................................................................................. $60 per day plus 67 cents per mile Unit Charges per Condor Unit Fee Schedule
Billable Field Equipment per Condor Billable Field Equipment Schedule Laboratory Charges per Condor Laboratory Fee Schedule
*A 2-hour minimum charge will be applied to all field services, and a 4-hour minimum will be applied for the cancellation of work within 24 hours of scheduled field work.

OUT-OF-POCKET EXPENSES
Billed at cost plus 15% and includes such items as travel expenses, equipment rental, laboratory fees, subcontractors, postage and freight, subcontracted printing or reproduction fees, supplies, etc.

PREVAILING WAGE
Refer to Condor Prevailing Wage Schedule of Fees

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Packet Pg. 179 Attachment: Professional Services Agreement - Condor Earth (4418 : Professional Services Agreement - Condor Earth) Condor Project No. 8190B
September 19, 2024
Joanne Beukelman, Regulatory Compliance Specialist
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Subject: Proposal to Provide Spill Prevention, Control and Countermeasure Plan Training for City of
Ripon, Fueling Station and Fleet Facility, 240 and 250 Doak Blvd., Ripon, California Dear Ms. Beukelman:

Condor Earth (Condor) is pleased to present this Proposal to provide Spill Prevention, Control and Countermeasure (SPCC) Plan training for City of Ripon (City), Fueling Station and Fleet Facility located at 240 and 250 Doak Blvd, Ripon, California (Facility).

SCOPE OF WORK

SPCC PLAN TRAINING
The requirements for a SPCC Plan are found in Title 40 of the Code of Federal Regulations, Part 112 (40 CFR Part 112), and the California Aboveground Petroleum Storage Act (APSA) [California Health and Safety Code, Chapter 6.67, Section 25270 – 25270.13]. The initial and annual training requirements for oil handling personnel are described in the City of Ripon, SPCC Plan. Condor will provide the training that covers the Facility SPCC Plan and the applicable pollution control laws, rules, and regulations.

Condor will provide one training session to City personnel. Condor will also provide presentation materials to the City to conduct additional training for personnel. Training records will be provided to the City for use during the training session to demonstrate compliance with the training requirements of the SPCC Plan.

CITY OF RIPON PROJECT PARTICIPATION
Client will provide Condor with the following:

1. Provide a meeting room within where the SPCC training can be presented to attendees. The room should be equipped with a screen or blank white wall that images can be projected on to. Condor will supply the projection equipment; or,

2. Provide a comfortable setting with shade/cover and seating at the Facility where the SPCC training can be presented to attendees, and Condor will supply attendees with a hard copy of the presentation; and,

3. Attendance of personnel handling oil to fill out a training roster provided by Condor to document training.

Exhibit B

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SPCC Training
City of Ripon

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Conditions Of Services

1. Client performs the activities listed in City of Ripon Project Participation above.

2. The Scope of Work is restricted to that which is outlined in this Proposal.

3. Condor will provide one onsite training session for Onsite SPCC Training.

LIMITATIONS
The SPCC training will be provided by Condor at the direction of City of Ripon for its sole use, the only intended beneficiary of this work. No other party should rely on the information contained therein without the prior written consent of Condor and City of Ripon. All information, opinions, interpretations, conclusions, and recommendations are based on information received from others. It is beyond the scope of Condor’s work to verify the accuracy of such information.

Condor will provide the services proposed herein subject to the following limitations:
• The services provided by Condor do not assure, guarantee, or otherwise imply compliance with the respective SPCC regulations and prevention of an oil discharge from City of Ripon. • Condor does not accept liability for fines, penalties and consequential damages (Condor’s professional liability insurance excludes coverage for fines, penalties and consequential damages).

SCHEDULE AND COST ESTIMATE
We are prepared to begin scheduling the site visit and prepare training materials upon authorization to proceed. The PowerPoint training material will be submitted in pdf format after the onsite training has been conducted. The date and time of the SPCC training would be set by mutual consent.

Condor will perform the work described herein for a cost of $1,300 on a lump sum basis. . If we mutually agree that additional work beyond the scope described in this Proposal is required, then we will perform such work on a time-and-expense basis in addition to our estimated fee..

AUTHORIZATION
If this Proposal is acceptable and you would like Condor to proceed with the proposed Scope of Work, please sign and return a copy of the attached Work Order.

We appreciate the opportunity to present this Proposal to City of Ripon. If you have any questions, please contact Ashley at (209) 588-6047.

Respectfully,

CONDOR EARTH
Ashley Adami, STI Tank Inspector, AST-6837 Robert Job, PE, CPEA, CPSA Associate Environmental Specialist President
Enclosures:

Work Order Agreement
Condor Schedule of Fees – 2024
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WORK ORDER AGREEMENT
We are pleased to acknowledge the following work assignment. CONDOR EARTH TECHNOLOGIES, INC., hereinafter referred to as CONDOR, agrees to perform, and CLIENT agrees to pay for services performed in accordance with the scope of work set forth in this WORK ORDER AGREEMENT (AGREEMENT)*. This AGREEMENT supersedes any and all negotiations, correspondence, or agreements either written or oral.

Order Received by: Ashley Adami Date: September 19, 2024 Authorized by: Joanne Beukelman, Regulatory Compliance Specialist Project No: 8190A1 Invoice to: City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Name of Job: City of Ripon Fueling Station and Fleet Facility SPCC Training Location of Job: 240 and 250 Doak Blvd., Ripon, California, 95366 Scope of Work: Condor will provide SPCC training as described in the attached Proposal dated September 19, 2024.

Fees to be Charged**: $1,300 on a lump sum basis.

If we mutually agree that additional work beyond the scope described in this Proposal is required, then we will perform such work on a time-and-expense basis in addition to our estimated fee. * The “Terms for Environmental Consulting Services” are part of this AGREEMENT. ** Fee schedule, if attached, is considered part of this AGREEMENT.

The parties have read the foregoing, understand completely the terms, and willingly enter into this AGREEMENT effective on the date signed below by CLIENT.

CITY OF RIPON CONDOR EARTH TECHNOLOGIES, INC.

By: By:

Printed Name: Printed Name: Robert J. Job, PE, CPEA, CPSA Position: Position: President
Date: Date: September 19, 2024
License No.: CA 51592

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TERMS FOR ENVIRONMENTAL CONSULTING SERVICES

1. SERVICES PROVIDED/DUTIES AND LIMITATIONS
a) CONDOR shall perform or cause to be performed those services as set forth in approved Work Order(s) and incorporated herein by reference. b) Independent Consultant Status - Except as may otherwise be noted herein, CONDOR shall serve as an independent consultant to CLIENT and shall have control over and be responsible for the means and methods for providing services under this Agreement. It is specifically understood that, irrespective of any assignability provisions, CONDOR may retain subcontractors to perform services usually performed by subcontractors and, should CONDOR determine it appropriate or necessary to rely on a subcontractor where it is not customary to do so, CONDOR shall obtain prior written approval or subsequent written confirmation from CLIENT. c) Maintenance of Professional Standards and Ethics - CLIENT recognizes that CONDOR's services in all cases must be rendered in accordance with prevailing professional standards and ethics, as well as certain laws or regulations that apply specifically to CONDOR. d) Standard of Care - Services performed by CONDOR under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. e) Reports - If directed by CLIENT in writing, CONDOR shall provide CLIENT with monthly progress reports summarizing the work performed under this Agreement. Such reports shall be in writing and furnished to CLIENT by the tenth day of each month. CONDOR shall also provide CLIENT with such other reports concerning CONDOR's work progress as CLIENT, in its reasonable discretion, may deem necessary. f) Consequential Damages - CLIENT shall not be liable to CONDOR and CONDOR shall not be liable to CLIENT for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the CLIENT or CONDOR, their employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. g) Limitation of Liability - CLIENT agrees to limit CONDOR's liability to CLIENT and all third parties and construction contractors arising from CONDOR's professional acts, errors or omissions, such that the total aggregate liability of CONDOR to all those named shall not exceed $1,300 or CONDOR's total fee for the services rendered under a Work Order, whichever is greater. (If CLIENT wishes to discuss higher limits and the charges involved, he should speak with CONDOR.) CLIENT further agrees to limit CONDOR’s liability to the same amount for contractors and his subcontractors retained by CLIENT and require an identical limitation of CONDOR's liability for damages suffered by the contractor or the subcontractors arising from CONDOR's professional acts, errors or omissions. Neither the contractor nor any of his subcontractors assumes any liability for damages to others which may arise on account of CONDOR's professional acts, errors or omissions, except as otherwise stipulated herein.
h) Notification of Hazardous Materials - When hazardous materials are known, assumed or suspected to exist at a site, CONDOR is required to take appropriate precautions to protect the health and safety of its personnel, to comply with applicable laws and regulations, and to follow procedures that CONDOR deems prudent to minimize physical risks to employees and the public. CLIENT hereby warrants that, if he knows or has any reason to assume or suspect that hazardous materials may exist at the project site, he has so informed CONDOR. CLIENT also warrants that he has done his best to inform CONDOR of such known or suspected hazardous materials' type quantity and location.

2. COMPENSATION AND EXPENSES
a) Fees - CLIENT shall pay compensation for CONDOR's services and shall pay for CONDOR's reasonable costs incurred in performing the services required by this Agreement as set forth in approved Work Orders. CLIENT agrees that CONDOR’s current fee schedule will be the basis for all time-and-materials charges. CLIENT agrees that CONDOR may revise the fee schedule annually. CLIENT will be notified in writing of fee schedule changes.
b) Timely Payment - CLIENT recognizes that time is of the essence with respect to payment of CONDOR's invoices and that timely payment is a material part of the consideration of this Agreement. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CONDOR in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. CLIENT shall pay CONDOR for services performed in U.S. funds drawn upon U.S. banks and in accordance with the rates and charges set forth in the approved Work Order and this Agreement. Invoices will be submitted by CONDOR from time to time, but no more frequently than every two (2) weeks, and shall be due and payable within thirty (30) calendar days of invoice date.

CLIENT shall pay an additional charge of one-and-one-half percent (l.5%) (or the maximum percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment received by CONDOR more than thirty (30) calendar days from the date of the invoice. Payment thereafter shall first be applied to accrued interest and then to the principal unpaid amount. Payment of invoices is in no case subject to unilateral discounting or set-offs by CLIENT.

If CLIENT fails to pay invoiced amounts within thirty (30) calendar days of the date of the invoice, CONDOR may at any time, without waiving any other claim against CLIENT and without thereby incurring any liability to CLIENT, suspend this Agreement (as provided for in Section 8, Suspension) or terminate this Agreement (as provided for in Section 9, Termination). In the event legal action is initiated to enforce payment of any invoiced amounts under this Agreement, CLIENT agrees to pay reasonable expenses to collect payment, including court costs and attorney fees.

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c) Books of Account - CONDOR shall maintain books and accounts of all charges in accordance with generally accepted accounting principles. At all times during the performance of CONDOR's duties and for a period of one (1) year after completion thereof, CLIENT shall, upon reasonable notice and during business hours, have access to said books and accounts to the extent necessary to verify all charges and costs of CONDOR. d) Changed Conditions - CLIENT has relied on CONDOR's judgment in establishing the geotechnical engineering work scope and fee for this project, given the project's nature and risks. CLIENT shall therefore rely on CONDOR's judgment as to the continued adequacy of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to CONDOR. Should CONDOR call for contract renegotiation, CONDOR shall identify the changed conditions which in CONDOR's professional judgment make such renegotiation necessary, and CONDOR and CLIENT shall promptly and in good faith enter into renegotiation of this Agreement to permit CONDOR to continue to meet CLIENT's needs. If renegotiated terms cannot be agreed to, CLIENT agrees that CONDOR has an absolute right to terminate this Agreement.

3. DELAYS
In the event that CONDOR's field or technical work is interrupted due to causes beyond its control, CONDOR shall be compensated for the labor, equipment and other costs CONDOR incurs in order to maintain its workforce for CLIENT's benefit during the interruption, or at CLIENT's option, the various costs CONDOR incurs for demobilization and subsequent remobilization. Compensation to CONDOR shall be based upon CONDOR's current fee schedule and expense reimbursement policy. Except for the foregoing provision, neither party shall hold the other responsible for damages or delays in performance caused by acts of God or other circumstances beyond the control of the other party, and which could not reasonably have been anticipated or prevented. For purposes of this Agreement, acts of God and other circumstances include, but are not necessarily limited to, unusual weather, floods, epidemics, war, riots, strikes, lockouts or other industrial disturbances, protest demonstrations, unanticipated site conditions, or inability, despite reasonable diligence, to supply personnel, equipment or material to the project. Should such acts occur, CLIENT and CONDOR shall utilize their best efforts to overcome the resulting difficulties and resume conduct of services called for herein as soon as reasonably possible. Delays within the scope of this provision that cumulatively exceed forty-five (45) calendar days shall, at the option of either party, make this Agreement subject to renegotiation or termination.

4. CONFIDENTIALITY
a) CONDOR agrees to keep confidential and not to disclose to any person or entity, other than CONDOR's employees and subcontractors, without the prior consent of CLIENT, all data and information not previously known to and generated by CONDOR, or furnished to CONDOR and marked CONFIDENTIAL by CLIENT in the course of CONDOR's performance hereunder; provided, however, that this provision shall not apply to data which are in the public domain, or were previously known to CONDOR, or which were acquired by CONDOR independently from third parties not under any obligation to CLIENT to keep said data and information confidential. These provisions shall not apply to information in whatever form that comes into the public domain through no fault of CONDOR, nor shall they be interpreted to in any way restrict CONDOR from complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction. CLIENT agrees that CONDOR may use and publish CLIENT's name and a general description of CONDOR's services with respect to the project in describing CONDOR's experience and qualifications to other clients and prospective clients. CLIENT also agrees that any patentable or copyrightable concepts developed by CONDOR as a consequence of its service hereunder are the sole and exclusive property of CONDOR.
b) The technical and pricing information contained in any proposal submitted by CONDOR as to this project, or in this Agreement or any addendum thereto, is to be considered confidential and proprietary, and shall not be released or otherwise made available to any third party without the express written consent of CONDOR.

5. INDEMNIFICATION PROVISIONS/RISKS
a) Scope of Services - CLIENT recognizes that geotechnical engineering and environmental consulting for a given project begins with development of a scope of services specifically for that project, reflecting the preferences of both CLIENT and CONDOR. The scope of services for this project was developed by a party other than CONDOR, and thus CONDOR can make no claims as to its adequacy, since CONDOR was not involved in or privy to the information and considerations that it reflects. Accordingly, CONDOR is forced to assume that the scope of services is fully adequate for CLIENT's purposes, since CLIENT issued the work scope, and CONDOR assumes further that CLIENT has an alternative source from which to obtain any needed or desired services not listed. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from CONDOR's failure to perform services limited by or not included in the CLIENT-provided scope of services. CLIENT also agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, in accordance with CONDOR's current fee schedule and expense reimbursement policy.
b) Information Provided By Others - CONDOR shall indicate to CLIENT the information needed for rendering of service hereunder, and CLIENT shall provide to CONDOR such information as is available to CLIENT. CLIENT recognizes that it is impossible for CONDOR to assure sufficiency of such information, either because it is impossible to do so, or because of errors or omissions that may have occurred in assembling the information. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from errors, omissions or inaccuracies in documents or other information provided to CONDOR by CLIENT. Further, CLIENT agrees to compensate CONDOR for any time spent or expense incurred by CONDOR in defense of any claim, with such compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy. c) Right to Enter - CLIENT shall provide for CONDOR's right to enter from time to time property owned by CLIENT and/or other(s) in order for CONDOR to fulfill the scope of services indicated hereunder. CLIENT understands that use of exploration equipment may unavoidably cause some damage, the correction of which is not part of this Agreement. CLIENT also understands that the discovery of certain conditions and/or taking preventive measures relative to these conditions may result in a reduction of the property's value. Accordingly, CLIENT waives any claim against CONDOR, and agrees to defend, indemnify and hold CONDOR harmless from any claim or liability for injury or loss allegedly arising from procedures associated with subsurface exploration activities or discovery of hazardous materials or suspected hazardous materials. In addition, CLIENT agrees to compensate CONDOR for any time spent or expenses incurred by CONDOR in defense of any such claim, with compensation to be based upon CONDOR's current fee schedule and expense reimbursement policy.

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Compensation to CONDOR shall be based upon CONDOR's current fee schedule and expense reimbursement policy.

9. TERMINATION
CLIENT or CONDOR may terminate this Agreement for reasons identified elsewhere in this Agreement, or for other reasons which may arise.

10. MISCELLANEOUS
a) Governing Law - The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California.
b) Waiver - The parties agree that a waiver of breach of one term, covenant, or condition of this Agreement is not a waiver of breach of others, nor of subsequent breach of the one waived.
c) Severability - CLIENT and CONDOR have entered into this Agreement of their own free will, to communicate to one another mutual understandings and responsibilities. Any element of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, CLIENT and CONDOR will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. d) Headings - The headings contained in this Agreement are for convenience of reference only and in no way limit or define the scope of this Agreement.
e) Attorneys' Fees - Should any litigation be commenced between the parties to this Agreement concerning this Agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled to, in addition to such other relief as may be granted, a reasonable sum as and for its attorney fees in such litigation which shall be determined by the Court in such litigation or in a separate action brought for that purpose.
f) Assignment - Neither this Agreement nor any interest therein shall be assigned by either party without the written consent of the other. g) Binding on Heirs - This Agreement shall be binding on and shall inure to the benefit of the heirs, executor, administrators, successors and assigns of the parties hereto.
\\condor.corp\public\Project\8000_prj\8190 City of Ripon\8190A1 2024 SPCC Training\Contracts_Proposals_CE\WO SPCC Training.docx

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Packet Pg. 187 Attachment: Professional Services Agreement - Condor Earth (4418 : Professional Services Agreement - Condor Earth) X:\Office\Forms\Contracts\Fee Schedules\2024 Fee Professional Consulting.docx

CONDOR EARTH

SCHEDULE OF FEES
2024
STAFF MEMBER RATE PER HOUR ($)

TECHNICAL
Senior Geotechnical Engineer .................................................................................................................. 221.00 Registered Geotechnical Engineer ........................................................................................................... 211.00 Certified Hydrogeologist/Engineering Geologist ..................................................................................... 211.00 Senior Geologist/Engineer/Environmental Specialist .............................................................................. 201.00 Senior Process Safety Management Specialist ......................................................................................... 201.00 Unmanned Aerial System (UAS) Specialist ............................................................................................. 162.00 GIS Programmer/Analyst ......................................................................................................................... 162.00 Process Safety Management Specialist .................................................................................................... 162.00 Resident Construction Inspector ............................................................................................................... 162.00 Associate Geologist/Engineer/Environmental Specialist ......................................................................... 162.00 Aboveground Storage Tank (AST) Certified Inspector ............................................................................ 162.00 Staff Geologist/Engineer/Environmental Specialist ................................................................................. 147.00 GIS Technician ......................................................................................................................................... 136.00 Engineering Assistant ............................................................................................................................... 119.00 Senior Technician ..................................................................................................................................... 113.00 Draftsperson ............................................................................................................................................. 108.00 Technician .................................................................................................................................................. 93.00 MATERIALS TESTING *
MTSI Project/Laboratory Manager .......................................................................................................... 136.00 Certified Welding Inspector ..................................................................................................................... 130.00 Special Inspector ...................................................................................................................................... 108.00 Senior Materials Technician ..................................................................................................................... 103.00 Materials Technician .................................................................................................................................. 87.00

NON-LABOR CHARGES
Vehicle charge .............................................................................................. $60 per day plus 65.5 cents per mile Unit Charges per Condor Unit Fee Schedule
Billable Field Equipment per Condor Billable Field Equipment Schedule Laboratory Charges per Condor Laboratory Fee Schedule
*A 2-hour minimum charge will be applied to all field services, and a 4-hour minimum will be applied for the cancellation of work within 24 hours of scheduled field work.

PREVAILING WAGE
Refer to Condor Prevailing Wage Schedule of Fees

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Packet Pg. 188 Attachment: Professional Services Agreement - Condor Earth (4418 : Professional Services Agreement - Condor Earth) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 10/08/2024
Subject: Community Center Tennis Courts
RECOMMENDED ACTION:

Award the contract for the Community Center Tennis Courts Project to Consolidated Engineering Inc. in the amount of $424,697 and authorize staff to proceed (funding sources:

Proposition 68 Grant and Parks and Recreation Capital Fund).

BACKGROUND:

The City of Ripon tennis courts at the Community Center have exceeded their useful life and need to be replaced. This project is included in the fiscal year 2024-25 capital improvement plan.

The City was awarded a Proposition 68 grant in the amount of $188,106 for the construction of this project.

The scope of the Community Center Tennis Court Project includes the following improvements:
 Remove and replace asphalt
 Install new permanent tennis posts and nets for 4 courts  Install a double-wide gate in existing fence for maintenance access  Replace high pressure sodium light heads with LED light fixtures  Painting of multi-use courts to allow 4 tennis courts and 8 pickle ball courts  Purchase of 4 wheeled pickleball nets (equipment provided by City) DISCUSSION:

On September 17, 2024, bids for the Community Center Tennis Courts were opened; 7 bids were received as summarized below:

Consolidated Engineering Inc. $424,697.00
Tosted Asphalt, Inc. $431,511.40

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Packet Pg. 189
Silicon Valley Paving, Inc. $449,015.88
Sinclair General Engineering Construction, Inc. $491,164.00 Frontline General Engineering Construction, Inc. $552,994.68 Tri Valley Excavating Co., Inc. $563,688.18
Swierstok Enterprise Inc., dba Pro Builders $578,380.00 City staff has reviewed the bids and found Consolidated Engineering Inc. to be the lowest responsive bidder. The Contractor has submitted the bid bond and all required documents. I am recommending that City Council award the bid for the Community Center Tennis Courts Project to Consolidated Engineering, Inc. in the amount of $424,697 and authorize staff to proceed.

The total budgeted expense for this project is summarized below:

Construction: $424,697
Construction Contingency: $20,000
City Furnished Equipment: $25,000
Materials Testing: $5,000
Total: $474,697
The courts are striped such that any court can be used for either tennis or pickleball play – this layout allows 4 tennis courts and 8 pickleball courts. The tennis post and net system is permanent, but the pickleball net system proposed is on wheels so it can be moved, depending on the use of the court. The City would purchase and supply separately from the construction contract 4 movable pickleball net systems. The estimated cost for this equipment is $25,000.

FISCAL IMPACT:

The total cost of $474,697 for construction of the Community Center Tennis Courts Project will be funded as follows:

Proposition 68 Grant $ 188,106
General Capital Fund – Parks &
Recreation
$ 286,591
Totals $ 474,697

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/08/2024
Subject: South San Joaquin Irrigation District Grant of Easement & Right-of-Way RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Grant of Easement and Right-of-Way for Access Purposes with the South San Joaquin Irrigation District (SSJID) in association with the undergrounding of the SSJID Lateral “V” canal as part of the Meadowood Development Project and execute any and all documents necessary to complete the aforementioned transaction.

BACKGROUND:

The SSJID lateral “V” canal is located near the eastern boundary of the proposed Meadowood residential development project. The Meadowood Development Agreement approved on March 5, 2018 included a condition that requires the owner/develop to underground the canal as part of their project.

DISCUSSION/ANALYSIS:

In order for the owner/developer of the Meadowood Development Project to complete this requirement, SSJID requires the City of Ripon to provide an access easement and right-of-way that allows SSJID to maintain and repair the proposed undergrounded pipeline on City of Ripon property, as described and shown on the attached exhibits.

FISCAL IMPACT:

None.

Attachments:

1. Meadowood Easement and Right-of-Way for Access to District Facilities

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Packet Pg. 191

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
TO:

SOUTH SAN JOAQUIN

IRRIGATION DISTRICT
P.O. Box 747
Ripon, CA 95366

GRANT OF EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES
FOR VALUABLE CONSIDERATION, CITY OF RIPON (hereinafter referred to as "GRANTOR"), hereby grants to the SOUTH SAN JOAQUIN IRRIGATION DISTRICT, a California irrigation district governed by the Irrigation District Law of the State of California (hereinafter referred to as "DISTRICT"), a perpetual non-exclusive easement and right- of-way for the purpose of ingress and egress to access its existing pipeline and appurtenances (hereinafter, “District Facilities”)for the purpose of laying down, constructing, patrolling, maintaining, operating, repairing, removing, replacing, enlarging, reconstructing, and other work upon the District Facilities as the DISTRICT may see fit. Said easement and right-of-way shall run with, over, and across that real property located in Ripon, CA, in the County of San Joaquin, State of California, generally described as follows (“Subject Property”):

Intersection of Warren Road, Frontage Road and Lateral “V”, Ripon, California.

The area of the Subject Property to be utilized for ingress and egress (“Easement Area”) is particularly described in Exhibits “A” and “B,” attached hereto and incorporated herein by reference.

The right of ingress to and egress shall include access with vehicles, machinery, and equipment customary for laying down, constructing, patrolling, maintaining, operating, repairing, removing, replacing, enlarging, reconstructing, and using the District Facilities.

Except as herein expressly permitted by means of a valid encroachment permit issued by DISTRICT, GRANTOR shall not place or permit to be placed on, in, across, or through said easement and right-of-way, any building, structure, explosive, well, guy wire, or any other

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Packet Pg. 192 Attachment: Meadowood Easement and Right-of-Way for Access to District Facilities (4427 : South San Joaquin Irrigation District Grant of obstruction, nor do or permit to be done, anything which may interfere with the full and exclusive enjoyment by the DISTRICT of the easement and right-of-way herein granted.

IN THE EVENT that DISTRICT, as Grantee herein, shall formally abandon the use of the District Facilities as evidenced by Resolution of its Board of Directors or other official action, the easement and right-of-way herein granted shall revert to the GRANTOR, its heirs, successors or assigns.

The Grant of Easement, and each of its covenants, shall run with the land and shall be binding on and shall inure to the benefit of each of the parties hereto and each of their heirs, legal representatives, successors, and assigns.
“GRANTOR”

CITY OF RIPON
By____________________________ Date: ______________
___________________________
Attest:

By____________________________ Date: ______________
___________________________
“DISTRICT”

SOUTH SAN JOAQUIN IRRIGATION DISTRICT
By_____________________________ Date: ______________
Michael Weststeyn, President
Board of Directors
By_____________________________ Date: ______________
Peter M. Rietkerk, Secretary
Board of Directors

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Packet Pg. 193 Attachment: Meadowood Easement and Right-of-Way for Access to District Facilities (4427 : South San Joaquin Irrigation District Grant of

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Packet Pg. 194 Attachment: Meadowood Easement and Right-of-Way for Access to District Facilities (4427 : South San Joaquin Irrigation District Grant of

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Packet Pg. 195 Attachment: Meadowood Easement and Right-of-Way for Access to District Facilities (4427 : South San Joaquin Irrigation District Grant of

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement and Right of Way for Access Purposes dated _____________________________, 20____ from the CITY OF RIPON to the SOUTH SAN JOAQUIN IRRIGATION DISTRICT, a special district and a governmental entity, is hereby accepted by order of the Board of Directors of the SOUTH SAN JOAQUIN IRRIGATION DISTRICT on January 28, 2020 and the grantee consents to recordation thereof by its duly authorized officer.

DATED:

By
Peter M. Rietkerk, General Manager

SOUTH SAN JOAQUIN IRRIGATION DISTRICT

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Packet Pg. 196 Attachment: Meadowood Easement and Right-of-Way for Access to District Facilities (4427 : South San Joaquin Irrigation District Grant of City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 10/08/2024
Subject: SJMSCP Fee Update - 2025
RECOMMENDED ACTION:

City Council to consider approving the following motion:
“The City Council adopts the resolution amending the 2025 SJMSCP Development Fees.”
DISCUSSION/ANALYSIS:

Attached to this staff report is SJCOG’s staff report regarding approval of an amendment to the 2025 SJMSCP Fee. The fees proposed for 2025 are indicated in the attached SJCOG staff report and have decreased once again from the 2024 fees. The fees are based on a financial analysis model adopted by the SJCOG Board, which takes into account the true costs of implementation and fulfillment of the SJMSCP.

Existing 2024 and Proposed 2025 Habitat Fee Comparison
Habitat Type 2024 Fee Per Acre Proposed 2025 Fee
Per Acre
Percent
Change
Multi-Purpose Open Space $8,918 $8,246 -7.5%
AG/Natural $17,833 $16,492 -7.5%
Vernal Pool - uplands $69,408 $65,490 -5.6%
Vernal Pool - wetted $177,724 $177,281 -0.2%
With the exception of the property located along the Stanislaus River, which is essentially undevelopable land, all property located within the Ripon General Plan area is classified as Multi-Purpose Open Space habitat type.

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ENVIRONMENTAL ANALYSIS:

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

Attachments:

1. SJCOG Staff Report

2. Exhibit A

3. Notice of Public Hearing

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RESOLUTION NO.

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

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

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

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

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

2. The 2025 Development Fee for the three categories of land – natural land and agricultural lands, vernal pool habitat, and multi-purpose open space conversion- shall be as set forth on Exhibit “A.”

3. The Fee provided in this resolution shall be effective on January 1, 2025, which is at least sixty (60) days after the adoption of this resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of October, 2024, by the following vote:

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

By: ___________________________
LISA ROOS, City Clerk

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August 2024
SJCOG, Inc. Board

STAFF REPORT
SUBJECT: 2025 SJMSCP Development Fee Annual
Adjustment
RECOMMENDED ACTION: Motion to Approve the 2025 SJMSCP
Development Fees as Adjusted Pursuant to
the Financial Analysis Model
SUMMARY:

Using the adopted five-year financial analysis model to the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) the SJCOG Inc. staff, Habitat Technical Advisory Committee (HTAC) Financial Subcommittee members (Table 1) and consultants undertook the annual analysis in summer 2024. The goal of the annual analysis is to establish the next year’s habitat plan fees paid by individual development projects. The fees are for impacts under the countywide SJMSCP permits as defined in the three fee model categories (Category A – Acquisition; Category B - Assessment and Enhancement; and Category C - Land Management and Administration).

Table 1 – HTAC Financial Subcommittee Members:

John Beckman, BIA Matt Diaz, Stockton Zachery Kearns, CDFW Dan Gifford, Conservation Alisa Goulart, SJ County
The proposed 2025 SJMSCP development fees were adjusted using the recommended 2020 SJMSCP Five-Year Financial Model Update for the respective categories and are compared to the 2024 SJMSCP Development fees (Table 2) in the most common habitat categories under the plan. The change is an overall decrease of

7.5% in the most impacted categories of Agricultural and Natural habitat classifications from the prior year. The decrease is due primarily to a decline in the land acquisition component (Category A) for agricultural land price values of comparable sales even though there was a rise in the reported Consumer Price Index (CPI) for Categories B and C.
2025 SJMSCP
Fees
Cat C
Cat A Cat B

7.5%

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Packet Pg. 201 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) Table 2- Compared 2025 & 2024 SJMSCP Development Fees – Most Common Fee Habitat Types 2025 Fee -
Proposed
2024 Fee -
Adopted Difference
Percent
Change
Agricultural/Natural $16,492 $17,833 -$1,341 -7.5%
Table 3 illustrates the history of the SJMSCP development fees over the current 5-year fee model cycle. The fees can fluctuate primarily based on the Category A – acquisition component of the fee formula over time.

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

1. Pay a fee.

2. Redesign the project to avoid/minimize impacts.

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

4. Any combination of the above options.

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

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Packet Pg. 202 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) RECOMMENDATION:

Staff recommends the SJCOG, Inc. Board approve the 2025 SJMSCP development fees as adjusted pursuant to the financial analysis model.

FISCAL IMPACT:

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

BACKGROUND:

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

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

The fee model analysis update results in a 12.7% decrease in the Agricultural/Natural Habitat types of Category A (Acquisition) component to $9,608. The reason for the decrease is the decline in overall comparable fee title land sale values from prior year values.

Cat A Cat B Cat C Fee

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Packet Pg. 203 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) Category B (Assessment and Enhancement) – Refined Cost Factors with Consumer Price Index and Model Data Update
The Category B component of the fee is adjusted using several factors including the California Consumer Price Index (CPI), as reported by the California Department of Finance for the preceding 12-month fiscal year (June 2023 – June 2024) and from the updated model numbers completed annually based on the SJMSCP Annual Report.

The unit cost factors (per acre or per year for some items) are adjusted only by the CPI (the California CPI calculation was an increase of 3.2%). But the total cost for Category B is also a function of the SJMSCP Annual Report data updated annually (acres remaining to be acquired and the number of years remaining in the permit term; the fee per acre is a function of those total calculated costs and the land conversion acres remaining). These parts all feed into the fee model.

The fee model update results in a 0.5% increase in the Agricultural/Natural Habitat types of Category B (Assessment and Enhancement) component to $6,066.

Category C (Management, Monitoring and Administration) – Refined Cost Factors/Long Term Investment with Consumer Price Index
Annual cost updates use the California Consumer Price Index (CPI), as reported by the California Department of Finance, for the preceding 12-month fiscal year (June 2023 – June 2024) to keep up with inflation on an annual basis.

The fee model update results in a 3.2% increase in the Agricultural/Natural Habitat types of Category C (Management, Monitoring and Administration) component from prior years to $817.

In summary, the SJMSCP fees are calculated using the SJMSCP Financial Analysis formula model shown in the final proposed fee table 4 below and Attachment 2 (SJMSCP Cost and Fee Analysis 2025 Update). The overall result in the fee analysis is a 7.5% decrease in the most impacted Agricultural and Natural Habitat Classifications fees for 2025.

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Packet Pg. 204 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) Table 4 - 2025 SJMSCP Development Fees - Proposed
Habitat Type Category A Category B Category C Total Fee Rounded Fee Other Open Space $4,804 $3,033.00 $409.47 $8,246.47 $8,246 Natural/Ag Lands $9,608.00 $6,066.00 $817.74 $16,491.74 $16,492 Vernal Pool
Grasslands $48,084.00 $15,386.00 $2,019.72 $65,489.72 $65,490 Vernal Pool Wetted $48,270.00 $127,031.00 $1,980.10 $177,281.10 $177,281 NEXT STEPS:

Should the staff and HTAC recommendation be approved by the SJCOG, Inc. Board at the August 22nd Board meeting, the item will be taken out to each jurisdiction for adoption in the coming months for implementation starting January 1, 2025.

COMMITTEE ACTIONS:
• Habitat Technical Advisory Committee: Recommended Approval • Management & Finance Committee: Action Item (Has not met by time of mail out) • Executive Committee: Recommended Approval
• SJCOG, Inc. Board – Action Required
ATTACHMENTS:

1. 2025 Fee Study Property List

2. SJMSCP Cost and Fee Analysis 2025 Update
Prepared by: Steven Mayo, Program Manager

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Packet Pg. 205 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) Attachment 1 – 2025 Fee Study Property List - Properties 24 Month

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Packet Pg. 206 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) Attachment 2 – SJMSCP Cost and Fee Analysis 2025 Update

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Packet Pg. 207 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table of Contents List of worksheet tabs and contents
Notes to User Model overview and instructions for annual updates Fee Summary Comparison Table showing calculated fee amounts by habitat type and category; comparison to adopted fees; linked from other sheets; includes California CPI factor for Category C annual update
A1 PerAcreCostFactorsbyZone Per acre easement cost factors by zone based on input from comparables and appraisal analysis A2 PerAcreAcquisitionCost Weighted acquisition cost factors by habitat type based on distribution of preserves by zone; adds transaction costs A3 AcquisitionCostHabitatType Total acquisition cost by habitat type, for preserves remaining to be acquired A4 AcquisitionFEE Category A fee by habitat type, based on remaining land conversion B1 PreserveEnhancementCost Weighted enhancement cost factors by habitat type based on estimate of acres enhanced and detailed per acre enhancement cost factors B2 AssessmentEnhancementCost All assessment and enhancement cost factors by habitat type, for preserves remaining to be acquired B3 AssessEnhancementCostAllocation Total assessment and enhancement cost by habitat type, remainder of permit term, for preserves remaining to be acquired B4 AssessmentEnhancementFEE Category B fee by habitat type, based on remaining land conversion C MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion; links to summary comparison for annual update For 5-Year Update Only => Workbook break: the following tabs for Category C are only used in the 5-year economic analysis update C1 MonitoringCost Monitoring cost factors by habitat type, including post-permit annual cost; costs for remainder of permit term, all preserve acres C2 PMAdminCost Project management and administrative cost factors, including post-permit annual cost; costs for remainder of permit term, all preserve acres C3 Permit Term Cost Adjustments Category C fund balance deducted from Category C costs remainder of permit term to calculate net cost for cost allocation and fee C4 Endowment Endowment cash flow, return assumptions, and total in year 51 to support post-permit annual cost C5 MonitoringAdminCostAlloc Total monitoring, management, and administrative cost by habitat type, remainder of permit term and endowment for post permit cost C6 MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion Source for update acres => Workbook break: the following tabs are updated annually and every 5 years for acres inputs 1 SJMSCP Acres 6_4_2015 Land conversion and preserve acres by habitat type for the 50-year permit term (source table)

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

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

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Packet Pg. 208 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 This workbook of linked worksheets calculates SJMSCP Impact Fees for Categories A, B, and C.

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

Action items for annual updates indicated in red italics.

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

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

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

Components of the workbook:

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

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

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

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Packet Pg. 209 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

4. Category C Fee tab shows the fees by habitat type calculated in the 2020 Economic Analysis Update, the basis for the 5. Category C tabs C1 - C6 calculate the fees for Category C Monitoring, Management, and Administration. 5-YEAR UPDATE ONLY 6. Tables 1 - 3 provide background data on preserve acres and land conversion by habitat type, updated annually from the SJMSCP Annual Report; Table 4 showing the preserve monitoring schedule by habitat type and zone is used only in the 5-year update.

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

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Packet Pg. 210 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Fee Summary Comparison
Calculates new annual fees and compares to prior year adopted fees.

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

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

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

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

Category A Acquisition
A.1 Category A Per-Acre Acquisition Cost Factors by Zone 1. Input results of annual comparables analysis for updated fee title values in Central Zone and Primary Zone of the Delta.

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

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

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

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

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

3. Transaction cost and VP acquisition assumptions not changed.

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

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

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

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

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

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

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Packet Pg. 211 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category B Assessment and Enhancement
B.1 SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost factors per preserve acre 1. 2016 Economic analysis included: refinement of natural lands detail and SJMSCP enhancement requirements refined, and update of costs for enhancements and restoration. 2020 Analysis included further cost updates based on actual SJCOG, Inc. experience and other relevant cost updates. Table calculates weighted average cost per preserve acre for agricultural lands, non-vernal pool natural lands, and vernal pool preserves. Update enhancement cost analysis every five years. 2. Annually, in each shaded cell in table column 5 (Enhancement Cost per Acre), substitute prior year value in the formula. Formula references updated annual California CPI factor in cell E1. Formulas calculate updated weighted average cost per preserve acre.

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

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

1. Update remaining years in permit term. 2. Annually, in each brown shaded cell in table, substitute prior year value for site assessment, management plans, and enhancement plans in the formula. Formula references updated annual California CPI factor in cell C1. Formulas calculate updated annual costs.

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

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

B.3 Category B Assessment, Planning, Restoration, and Enhancement Cost Allocation by Habitat Type No annual input needed. Links and formulas calculate total cost for each habitat type. 1. Assessment and planning costs linked from B.2. Formulas calculate total enhancement and restoration costs from factors in B.2.

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

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

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

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

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

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

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Packet Pg. 212 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

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

Note: this is done in the Fee Summary Comparison worksheet. - NOTES TO USER -

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Packet Pg. 213 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category C Monitoring, Management, and Administration - INSTRUCTIONS FOR FIVE-YEAR UPDATE C.1 Category C (part) Compliance and Effectivement Monitoring Cost Assumptions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Packet Pg. 214 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 C.5 Category C Monitoring and Project Management/Adminstration, including endowment for post-permit costs, Cost Allocation b No input needed. Links and formulas calculate cost for each habitat type. 1. Costs for remainder of permit term linked from C.3 and post-permit costs linked from C.4. Formulas allocate total costs by habitat type.

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

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

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

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

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Packet Pg. 215 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Tables 1 - 5 (Source Tables)
Table 1 Land Conversion and Preserve Acres by Habitat Type for the 50-year permit term This table was finalized on June 4, 2015 as part of the Economic Analysis update. This table provides the source data by detailed habitat type for the 50-year permit term totals.

Table 2.1 Preserve Acres, Total and Remaining to be Acquired

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

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

2.1. This amount is deducted from total grassland acquired in cell E11. 3. Total Preserve Acres Remaining to be Acquired calculated by worksheet formula; links to cost and fee calculation worksheets.

Table 2.2 Preserves_Habitat_Zone_2019 (new in 2020 update) - ONLY USED ON 5-YEAR UPDATE 1. Preserve acquisition by habitat type and zone detail used in monitoring cost estimates. Links to Table 4 Preserve Monitoring Schedule. 2. Update every 5 years. Use Annual Report Tables 6 and 12 to update the Preserve Database_2019 which assigns each preserve to a habitat type and zone. Note that the habitat type represents the type of habitat acquired regardless of the type of impacts mitigated, i.e, grassland preserves acquired to mitigate agricultural impacts are categorized as grassland preserves in this table.

Table 3 Allowed and Remaining Incidental Take Acreage 1. Take Authorizations by habitat type linked from Table 1 and adding multi-purpose open space from SJMSCP Table 1- 1 and Table 4.2-2.

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

Table 4 Preserve Acquisition Schedule, All Habitat Types, by Index Zone, Remaining Permit Term - ONLY USED IN 5-YEAR 3. Remaining Acres of Land Conversion calculated by worksheet formula; links to cost and fee calculation worksheets.

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

1. Preserve acres remaining to be acquired by zone linked from Table 2.1 (updated based on SJMSCP Annual Report) and Table 2.2 (updated every 5 years). 2. At five-year update, update the most recent permit year in cell C8 and the years remaining in the permit term in Column C.
- NOTES TO USER -

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Packet Pg. 216 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

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

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Packet Pg. 217 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 5 Fund Balance Allocation - ONLY USED IN 5-YEAR UPDATE This table is used in Table C.3 Permit Term Cost Adjustments to calculate the net Category C costs for the remainder of the permit term. Category B and Category C fund balance is allocated to permit term and post-permit needs.

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

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

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

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

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Packet Pg. 218 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category A Category B Category C
2025 Fees - Proposed Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, & Postpermit Endowment
Total Total Rounded
Other Open Space $4,804.00 $3,033.00 $409.47 $8,246.47 $8,246 Natural/Ag Lands $9,608.00 $6,066.00 $817.74 $16,491.74 $16,492 Vernal Pool Grasslands $48,084.00 $15,386.00 $2,019.72 $65,489.72 $65,490 Vernal Pool Wetted $48,270.00 $127,031.00 $1,980.10 $177,281.10 $177,281 Category A Category B Category C
2024 Fees - Adopted Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, & Postpermit Endowment
Total Total Rounded
Other Open Space $5,502.00 $3,019.00 $396.66 $8,917.66 $8,918 Natural/Ag Lands $11,003.00 $6,038.00 $792.15 $17,833.15 $17,833 Vernal Pool Grasslands $52,545.00 $14,906.00 $1,956.53 $69,407.53 $69,408 Vernal Pool Wetted $52,748.00 $123,058.00 $1,918.14 $177,724.14 $177,724 Difference Per Acre ($) Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, & Postpermit Endowment
Total Total Rounded
Other Open Space ($698) $14 $13 ($671) ($671)
Natural/Ag Lands ($1,395) $28 $26 ($1,341) ($1,341)
Vernal Pool Grasslands ($4,461) $480 $63 ($3,918) ($3,918) Vernal Pool Wetted ($4,478) $3,973 $62 ($443) ($443)
Percent Difference Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, & Postpermit Endowment
Total Total Rounded
Other Open Space -12.7% 0.5% 3.2% -7.5% -7.5%
Natural/Ag Lands -12.7% 0.5% 3.2% -7.5% -7.5%
Vernal Pool Grasslands -8.5% 3.2% 3.2% -5.6% -5.6%
Vernal Pool Wetted -8.5% 3.2% 3.2% -0.2% -0.2%
- Fee Summary Comparison -

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Packet Pg. 219 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025 SJMSCP Development Fee Cycle) Category A Per-Acre Acquisition Cost Factors by Zone (2024 dollars) Central Zone Primary Zone of
the Delta
Southwest
Zone
3 Fee title value
1 a $18,799 $12,555 na
Easement percent of fee title value
2 b 55% 55% na
Easement costs a
×b $10,339 $6,905 $1,000

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

2. SJCOG, Inc. Appraisals as of June 2024

3. Based on standard easement cost in Southwest Zone of $1,000/acre. - A1 PerAcreCostFactorsbyZone -

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Packet Pg. 220 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025 SJMSCP Development Fee Cycle) Per Acre Acquisition Cost by Preserve/Habitat Type (2024 dollars) Preserve/Habitat Type
Central Zone Primary Zone of
the Delta
Southwest
Zone
A B C A + B + C = D D × 5% = E D + E
Easement cost by zone 1
d $10,339 $6,905 $1,000
Agricultural Lands
Percent in zone 2
e 98% 2% 0%
Weighted costs 3d × e $10,152 $125 $0 $10,277 $514 $10,791 Natural Lands
Non-vernal pool natural lands
Percent in zone 2
f 77% 4% 18%
Weighted costs 3d × f $7,988 $307 $183 $8,478 $424 $8,902 Vernal pool grasslands 4
n/a n/a n/a $15,039 $752 $15,791
Vernal pool wetted 4
n/a n/a n/a $15,039 $752 $15,791

1. See Table A.1.

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

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

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

SJMSCP Zone

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

Total
Weighted
Acquisition
Cost
Transaction
Costs 5
Total Land
Acquisition
Costs Per
Acre
- A2 PerAcreAcquisitionCost -

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Packet Pg. 221 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025 SJMSCP Development Fee Cycle) Total Acquisition Costs by Habitat Type, Remainder of Permit Term (2024 dollars) Preserves by Habitat Type
Land
Acquisition
Cost Per Acre
Preserve Acres
Remaining to be
Acquired
Total Costs of
Acquisition
Agricultural lands $10,791 36,531.45 $394,210,888
Natural lands
Non-vernal pool natural lands $8,902 23,605.84 $210,139,188 Total for Non-vernal pool Natural /Ag Lands $10,050 60,137.29 $604,350,076 Vernal pool grasslands $15,791 15,720.66 $248,244,863
Vernal pool wetted $15,791 2,115.00 $33,397,965
Sources: SJCOG, Inc., SJMSCP 2023 Annual Report, and Hausrath Economics Group. - A3 AcquisitionCostHabitatType -

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Packet Pg. 222 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025 SJMSCP Development Fee Cycle) Category A Acquisition
Fee Calculations (2024 dollars)
Habitat Type Preserve Land Acquisition
Costs associated with non-vernal pool natural/agricultural lands conversion $604,350,076 Natural (non vernal pool)/Agricultural land conversion (acres) , remaining 45,955.30 Multi-purpose open space conversion (acres), remaining
1 33,896.57
Multiplier for natural/agricultural land conversion 1
Multiplier for multi-ourpose open space conversion
1 0.5
Acquisition Component of Natural (non vernal pool)/Agricultural Lands Fee $9,608 Acquisition Component of Multi-Purpose Open Space Fee
1 $4,804
Costs associated with vernal pool grasslands $248,244,863 Vernal pool grassland conversion (acres), remaining 5,162.74 Acquisition Component of Vernal Pool Grasslands Fee $48,084 Costs associated with vernal pool wetted $33,397,965
Vernal pool wetted conversion (acres), remaining 691.90 Acquisition Component of Vernal Pool Wetted Fee $48,270

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

Sources: SJCOG, Inc., SJMSCP 2022 Annual Report, and Hausrath Economics Group. - A4 AcquisitionFEE -

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Packet Pg. 223 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Habitat Type
Total Preserve
Acres (including
neighboring lands
preserves)
Percent of
Preserve
Acres
Enhanced
1 Acres Benefiting
from
Enhancements
Perimeter
Hedgerow or
Other Linear
Habitat Feature (
acres)
2 Enhancement
Cost per Acre
3 Total
Enhancement Cost
Enhancement
Cost per Preserve
Acre
1234567
Agricultural Habitat Lands
4 57,935 10% 5,794 776 $85,256 $66,158,340 $1,142
Natural Lands
Ditches 378 33% 126 $372,243 $46,902,650
Grasslands 14,559 33% 4,853 $23,534 $114,212,324
Oak woodlands 858 33% 286 $34,823 $9,959,257
Riparian 2,725 33% 908 $102,067 $92,710,493
Submerged aquatic in the Delta 10 100% 10 $70,846 $708,457 Subtotal 18,530 6,183 $42,775 $264,493,180
Other natural lands
5 6,445 33% 2,148 $42,775 $91,895,339
Subtotal Non VP Natural 24,975 $356,388,520 $14,270
Vernal pool wetted 2,121 33% 707 $124,522 $88,037,209 $41,507 Vernal pool grasslands 15,811 33% 5,270 $15,010 $79,105,817 $5,003 Subtotal All Natural Lands 42,907 14,309 $523,531,546
Total 100,842 20,103 $589,689,886

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

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

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

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

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

2. Unlike most other habitat types, agricultural lands are enhanced by treating linear features that run along the edge of or through fields--features such as roads or drainage ditches. In these cases, the land area of direct enhancement activity is substantially less than that area benefiting from the enhancement. This has the advantage of minimizing impacts to agricultural land production. Installing pollinator hedgerows at the edges of fields and grassland borders along irrigation and drainage ditches, and planting nest trees and associated shrubs and grasses, are enhancements used in the cost analysis to represent the range of types of agricultural land enhancements outlined in the SJMSCP. In addition to benefits to species, these linear features offer benefits of preventing soil erosion and reducing costs for weed control and linear water conveyance infrastructure maintenance. They also enhance the entire field they are associated with, meeting the 10 percent enhancement criterion while also minimizing loss of productive agricultural land. The enhancement cost estimate for agricultural lands is therefore based on the acres of hedgerow or other linear feature multiplied by the cost per acre to install hedgerows and similar linear features.

SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost per preserve acre (2024 dollars) - B1 PreserveEnhancementCost -

2.A.a
Packet Pg. 224 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Cost Factors (2024 dollars) Remainder of Permit Term
Remaining years in permit term 27 used in formulae below to calculate costs for the remainder of the permit term Biological Site Assessment
Number of site visits per year 8 assumes 6 hours per visit Annual cost $8,005
Total Site Assessment cost remainder of permit term $216,148 Preserve Management Plan Preparation
Number of management plans per year 12 assumes 40 hours per plan Annual cost $80,053
Total Preserve Management Plan cost remainder of permit term $2,161,426 Preserve Enhancement Plan Preparation
Average cost per enhancement plan $4,670 assumes 28 hours per plan for each enhancement project Average acres per project 240
Average cost per preserve acre $19
Preserve Enhancements on Agricultural Lands
Enhancement cost per preserve acre $1,142 from Table B1 Preserve Enhancements on Non-Vernal Pool Natural Lands
Enhancement cost per preserve acre $14,270 from Table B1 Vernal Pool Creation/Enhancement
Enhancement cost per preserve acre $41,507 from Table B1 Vernal Pool Upland Grassland Enhancement
Enhancement cost per preserve acre $5,003 from Table B1 Sources: SJCOG, Inc., SJMSCP 2023 Annual Report, ICF, and Hausrath Economics Group. - B2 AssessmentEnhancementCost -

2.A.a
Packet Pg. 225 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement (2024 dollars) Cost Allocation by Habitat Type
Remainder of Permit Term
Cost per acre
multiplied by preserve
acres remaining to be
acquired
Preserves by Habitat Type
Acres Remaining
to be Acquired1
Percent
of Total
Biological Site
Assessment
Preserve
Management Plans
Preserve Enhancement
Plans
Preserve
Enhancements
Vernal Pool
Restoration
Agricultural lands 36,531.45 47% $101,268 $1,012,659 $694,098 $41,716,754 na Non-vernal pool natural lands 23,605.84 30% 65,438 654,359 448,511 $336,850,866 na Vernal pool grasslands 15,720.66 20% 43,579 435,780 298,692 $78,653,801 na Vernal pool wetted 2,115.00 3% 5,863 58,628 40,185 na $87,788,165 77,972.95 100% $216,148 $2,161,426 $1,481,486 $457,221,421 $87,788,165

1. Includes 600 acres of neighboring lands preserves.

2. SJCOG, Inc. spending through 12/31/19 on site visits and preserve management plans totals at least $400,000; assume all of these types of costs for existing preserves are included in spending t Sources: SJCOG, Inc., SJMSCP 2023 Annual Report, ICF, and Hausrath Economics Group.

Costs - Remainder of Permit Term
Cost per acre multiplied by
preserve acres remaining to be
acquired
Total cost allocated by preserve type
percent of total preserve acres remaining
to be acquired2
- B3 AssessEnhancementCostAlloc -

2.A.a
Packet Pg. 226 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Fee Calculations (2024 dollars)
Remainder of Permit Term
Habitat Type
Biological
Site
Assessment
Preserve
Managemen
t Plans
Preserve
Enhancement
Plans
Agricultural and
Non VP Natural
Land
Enhancement
Total for
Agricultural and
Non VP Natural
Land (incl. assessment
and plans)
Vernal Pool
Restoration /
Enhancement
Total for
Vernal Pool
(incl. assessment
and plans)
Costs associated with non-vernal pool natural/agricultural lands conversion $166,706 $1,667,018 $1,142,609 $378,567,620 $381,543,953 Natural (non vernal pool)/Agricultural land conversion (acres), remaining 45,955.30 45,955.30 45,955.30 45,955.30 45,955.30 Multi-purpose open space conversion (acres), remaining1 33,896.57 33,896.57 33,896.57 33,896.57 33,896.57
Multiplier for natural/agricultural land conversion 1 1 1 1 1 Multiplier for multi-purpose open space conversion1

0.5 0.5 0.5 0.5 0.5
Assessment & Enhancement Component of Natural (non-vernal pool)/Agricultural Lands Fee $3 $27 $18 $6,018 $6,066
Assessment & Enhancement Component of Multi-Purpose Open Space Fee1 $2 $14 $9 $3,009 $3,033
Costs associated with vernal pool grasslands $43,579 $435,780 $298,692 $78,653,801 $79,431,852 Vernal pool grassland conversion (acres), remaining 5,162.74 5,162.74 5,162.74 5,162.74 5,162.7 Assessment & Enhancement Component of Vernal Pool Grasslands Fee $8 $84 $58 $15,235 $15,386 Costs associated with vernal pool wetted $5,863 $58,628 $40,185 $87,788,165 $87,892,841 Vernal pool wetted conversion (acres), remaining 691.90 691.90 691.90 691.90 691.9 Assessment & Enhancement Component of Vernal Pool Wetted Fee $8 $85 $58 $126,880 $127,031 Sources: SJCOG, Inc., SJMSCP 2023 Annual Report, ICF, and Hausrath Economics Group.

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements. - B4 AssessmentEnhancementFEE -

2.A.a
Packet Pg. 227 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE C.5 for Annual Update
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2024 (for 2025 SJMSCP Development Fee Cycle) Category C Monitoring and Program Management/Administration, including endowment for post-permit costs Fee Calculations (2024 dollars)
Habitat Type
Remainder of
Permit Term Post permit Total
Post Permit
% of Total
Fee
Costs associated with non-vernal pool natural/agricultural lands conversion $38,737,435 $6,809,704 $45,547,139 Non-vernal pool Natural/Agricultural land conversion (acres), remaining 49,654.31 49,654.31 49,654.31 Multi-purpose open space conversion (acres), remaining1 34,494.82 34,494.82 34,494.82
Multiplier for natural/agricultural land conversion 1 1 1 Multiplier for multi-purpose open space conversion1

0.5 0.5 0.5
Monitoring & Administration Component of Natural (non-vernal pool)/Agricultural Lands Fee $579 $102 $681 15%
Monitoring & Administration Component of Multi-Purpose Open Space Fee1 $290 $51 $341 15%
Costs associated with vernal pool grasslands $7,387,258 $1,298,616 $8,685,874 Vernal pool grassland conversion (acres), remaining 5,163.08 5,163.08 5,163.08 Monitoring & Administration Component of Vernal Pool Grasslands Fee $1,431 $252 $1,682 15% Costs associated with vernal pool wetted $990,979 $174,206 $1,165,185 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 Monitoring & Administration Component of Vernal Pool Wetted Fee $1,402 $246 $1,649 15% Note: Net of existing fund balance allocated to Category C permit-term and post-permit costs.

Sources: SJCOG, Inc., SJMSCP 2024 Annual Report, ICF, Urban Economics, and Hausrath Economics Group.

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

2.A.a
Packet Pg. 228 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 1
2020 Five-Year Economic Analysis and Fee Update
Land Conversion and Preserve Acres by Habitat Type for the 50-year Permit Term Habitat Type Land Conversion1
Number of Preserve
Acres to Land
Conversion Acres
Total Preserve
Acres for
Compensation
Neighboring Land
Protection
Preserves
Total All
Preserve
Acres
Percent
Total Acres
Agricultural lands2
57,635 1.00 57,635 300 57,935 57%
Natural Lands
Ditches3
126 3.00 378 378 0.37%
Grasslands4
4,853 3.00 14,559 14,559 14.44%
Oak woodlands
5 286 3.00 858 858 0.85%
Riparian6
900 3.00 2,700 25 2,725 2.70%
Submerged aquatic in the Delta Zone 3 3.00 10 10 0.01%
Vernal pool grasslands7
VP - wetted surface area 707 3.00 2,121 2,121 2.10%
VP - upland grassland 5,187 3.00 15,561 15,561 15.43%
VP - Neighboring Land Protection preserves8
na 250 250 0.25%
Other natural lands9
2,140 3.00 6,420 25 6,445 6.39%
Subtotal Natural Lands 14,202 42,607 300 42,907 42.55%
Total 71,837 100,242 600 100,842 100.00%

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

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

7. Vernal pool grasslands (G3 type) .

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

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

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

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

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

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

1. Land conversion includes results of Tier 1 and Tier 2 analyses. Agricultural land conversion includes 9,720 acres from Tier 2 Analysis and Natural Lands conversion includes 5,000 acres from Tier 2 Analysis of vernal pool conversion to orchards and vineyards and 744 acres of other natural lands conversion. - 1 SJMSCP Acres 6_4_2015 -

2.A.a
Packet Pg. 229 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 2.1
2020 Five-Year Economic Analysis and Fee Update
Preserve Acres, Total and Remaining to be Acquired
1 Preserve/Habitat Type
Total Preserve
Acres - 50-year
Permit
Total Preserve
Acres Acquired
through
12/31/2023
2 Total Preserve
Acres Remaining
to Be Acquired
(links to A.3, B.3.
and C.4)
Agricultural lands 57,935 13,360.549
Grasslands mitigating agricultural land impacts 8,043
Natural lands
Ditches 378 - 378.00
Grasslands 14,559 1,266.510 13,292.49
Oak woodlands 858 - 858.00
Riparian 2,725 49.850 2,675.15
Submerged aquatic in the Delta 10 - 10.00
Other natural lands 6,445 52.800 6,392.20
Subtotal non-vp natural lands 24,975 1,369.160 23,605.84 Total Non VP Natural/Ag Lands 82,910 22,772.709 60,137.29 Vernal pool wetted 2,121 6.000 2,115.00
Vernal pool grasslands 15,811 90.345 15,720.66
Total 100,842 22,869.054 77,972.95
Notes:

1. Includes six acres of vernal pool jumpstart.

Sources: Table 1 in this workbook, Table 6 from Annual Reports through 2023, and SJCOG Inc. staff.

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

All other preserve acres recorded at 2 decimals or less. 36,531.45
- 2.1 RemainingPreservetoAcquire -

2.A.a
Packet Pg. 230 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 2.2
2020 Five-Year Economic Analysis and Fee Update
A. Preserves Acquired by Habitat Type and Zone as of 12/31/2023 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural lands 6,327.299 4,347.850 10,675.149
Natural lands
Ditches
Grasslands 243.250 7,121.280 7,364.530
Oak woodlands
Riparian 44.050
Submerged aquatic in the Delta
Other natural lands 30.600
Subtotal non-vp natural lands 317.900
- 7,121.280 - 7,439.180
Total Non VP Natural/Ag Lands 6,645.199 4,347.850 7,121.280 - 18,114.329 Vernal pool wetted 6.000 6.000
Vernal pool grasslands (upland) 71.760 18.585 90.345
Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674
Source: SJMSCP 2022 Annual Report , Table 6 and Table 12 B. Preserves Acquired by Summary Habitat Type and Zone as of 12/31/2022 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural Land 6,327.299 4,347.850 - - 10,675.149
Natural Land 389.66 - 7,121.280 24.585 7,535.525
Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674
Source: SJMSCP 2022 Annual Report , Table 6 and Table 12 C. Estimate of Future Southwest Zone Preserves, July 2020 2,500 Source: SJCOG, Inc. staff.

SJMSCP Index Zone
SJMSCP Index Zone
- 2.2 Preserves_Habitat_Zone_2019 -

2.A.a
Packet Pg. 231 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 3
2020 Five-Year Economic Analysis and Fee Update
Allowed and Remaining Incidental Take Acreage
Preserve/Habitat Type
Take Authorizations - 50-year
Permit (including multipurpose open space)1
Cumulative Acres
of Take through
12/31/2023
Remaining Acres of
Land Conversion (links
to A.4, B.4. and C.5)
Agriculture 57,635 19,244.12 38,390.88
Multi-purpose (other open space) 37,465 3,568.43 33,896.57 Natural lands
Vernal pool wetted 707 15.10 691.90
Vernal pool upland grassland 5,187 24.26 5,162.74
All other natural lands 8,308 743.91 7,564.42
Total 109,302 23,595.82 85,706.51
Notes:

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

Sources: Table 1 in this workbook, SJMSCP Table 1-1 and Table 4.2-2; SJCOG, Inc., 2023 Annual Report Table 4 - 3 Cumulative Take_Remaining -

2.A.a
Packet Pg. 232 Attachment: SJCOG Staff Report (4402 : SJMSCP Fee Update - 2025) SJCOG, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0574 ● Email: [email protected] San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)
2025 Updated Habitat Fees*
Habitat Type Fee Per Acre
Multi-Purpose Open Space $8,246
Natural $16,492
Agriculture $16,492
Vernal Pool - uplands $65,490
Vernal Pool - wetted $177,281
* Effective January 1, 2025 – December 31, 2025
\
2025 Endowment Fees with In-lieu Land**
Type of Preserve Enhancement
Cost/acre
Land
Management
Cost/acre

TOTAL PER
ACRE

ENDOWMENT
Agricultural Habitat Lands $6,066.00 $817.74 $6,883.74
Natural Lands $6,066.00 $817.74 $6,883.74
Vernal Pool Habitat
Vernal Pool Grasslands $15,386.00 $2,019.72 $17,405.72
Vernal Pool Wetted $127,031.00 $1,980.10 $129,011.10
** Effective January 1, 2025 – December 31, 2025 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres.

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

Sonny Dhaliwal
CHAIR
Kevin Lincoln

VICE-CHAIR
Diane Nguyen

EXECUTIVE DIRECTOR
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,
RIPON,

STOCKTON,
TRACY,
AND

THE COUNTY OF

SAN JOAQUIN
Exhibit A

2.A.b
Packet Pg. 233 Attachment: Exhibit A (4402 : SJMSCP Fee Update - 2025)

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon City Council will hold a public hearing at a meeting on Tuesday, October 8, 2024 at 6:00 P.M. in The City of Ripon Council Chambers, 259 N. Wilma Ave., Ripon, on the following matter:

SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE AMENDMENT 2025 -The City Council will consider the Development Fee Amendment for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new development pursuant to the SJMSCP within the City of Ripon.

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

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

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

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

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

CITY OF RIPON
Ken Zuidervaart, Planning Director
Published: September 25, 2024

2.A.c
Packet Pg. 234 Attachment: Notice of Public Hearing (4402 : SJMSCP Fee Update - 2025) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 10/08/2024
Subject: Chapter 8.16 Nuisance
RECOMMENDED ACTION:

This Ordinance amends Chapter 8.16 “Nuisance” to provide a more streamlined process to deal with weeds, rubbish, and other property maintenance standards within the City of Ripon.

DISCUSSION/ANALYSIS:

At the July 9, 2024 City Council meeting, City Council asked staff to review and amend as necessary the appropriate ordinances to provide for a more streamlined process for dealing with certain property maintenance standards, especially weed abatement.

Staff, along with the City Attorney, reviewed all Chapters of the Ripon Municipal Code dealing with Code Enforcement and determined that the most appropriate avenue to deal with property maintenance standards of the like would be to amend Chapter 8.16 “Nuisance” of the Ripon Municipal Code. The amended ordinance provides for a more streamlined and detailed method to deal with all property maintenance standards, especially weed abatement. With the proposed amendment a flowchart of how to maneuver through the process will be provided to the City’s Code Enforcement staff to ensure efficiency in dealing with these nuisances.

The Code Enforcement Committee met on August 20, 2024 to review the proposed changes and provided additional comments to staff, which have been incorporated into the proposed amendment.

The proposed amendment to Chapter 8.16 “Nuisance” will amend this section of the Municipal Code to provide a more streamlined process to deal with weeds, rubbish, and other property maintenance standards within the City of Ripon. Attached is the proposed Ordinance recommended for first reading and introduction and attached are redline changes showing the proposed text changes to the Municipal Code and labeled “Chapter 8.16 Redline Version”.

FISCAL IMPACT: N/A

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Packet Pg. 235
Attachments:

1. Chapter 8.16 Redline Version

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Packet Pg. 236
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIPON AMENDING CHAPTER 8.16 "NUISANCE" OF THE

RIPON MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIPON AS FOLLOWS:

SECTION 1. AMENDMENT TO CODE. Chapter 8.16 is hereby amended in its entirety to read as follows:

Chapter 8.16
Nuisance
Sections:

8.16.010 Purpose

8.16.020 Definitions

8.16.030 Nonexclusive Regulations

8.16.040 Weeds, Rubbish, and Other Property Maintenance Standards

8.16.050 Security Standards for Vacant Structures

8.16.060 Fire Safety Standards for Vacant Structures

8.16.070 Throwing or Burning of Rubbish on Streets Prohibited

8.16.080 Strict Liability

8.16.090 Violation – Notice and Administrative Citations

8.16.100 Violation – Civil Penalties

8.16.110 Violation – Abatement Procedures

8.16.120 Summary (Emergency) Abatement; Appeal

8.16.130 Cumulative Remedies
Section 8.16.010 Purpose
The City Council finds that the promotion of voluntary compliance with minimum property maintenance standards is vital to the protection of the public's health, safety and quality of life.

The Council recognizes that the City has an important interest in setting standards for the improvement of the overall appearance and maintenance of properties in the City because adequate maintenance and appearance promote property values and improve the general welfare and quality of life of its citizens. The Council believes there exists a need for further emphasis, than currently exists, on property maintenance and sanitation to avoid certain conditions, as described herein, which are injurious and adverse to the public health, safety and welfare of the residents of the City and which contribute substantially and increasingly to the deterioration and blight of residential neighborhoods, commercial areas and industrial areas. Said conditions are declared to be public nuisances and violations of this Code, to constitute visual blight or result in

3.A
Packet Pg. 237
conditions which are harmful or deleterious to the public health, safety and welfare.

The purpose of this Chapter is to identify those conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjacent property, or are hazardous or injurious to the health, safety or welfare of the general public so as to constitute a nuisance. Abatement of these conditions is in the best interest of the health, safety and welfare of the residents of the City because maximum use and enjoyment of properties closely proximate to one another depends upon maintenance of those properties at or above a minimum standard of sightliness. The beneficial effects of maintaining standards of sightliness for property in the City include, but are not limited to, appreciation of property values, physical improvement and stability of residential and commercial areas, attraction of investors of capital, and maximum use of property for its highest and best use.

By this Chapter, the Council seeks to develop regulations that will promote the maintenance of property and the enhancement of the livability, community appearance, quality of life and the social, economic and environmental conditions of the community. Such regulations shall serve to promote the health, safety and general welfare of the public by requiring a level of maintenance of property, which will protect the habitability and appearance of the City, and prevent the impairment of property values which result from the neglect and deterioration of property. It is the intent of the Council to impose minimum Citywide standards for property maintenance.

This Chapter is intended to exist separate and apart from any existing community standards contained in any set of covenants, conditions and restrictions, and are not intended to enforce those standards. This Chapter shall apply to all publicly and privately owned property in the City, including City property, to the extent allowed by law. (Ord. 765 §1, 2008) Section 8.16.020 Definitions
A. The term "Chief Code Compliance Officer" means the Person designated pursuant to Chapter 1.10 of this Code, or his or her designee.

B. The term "Neighborhood Code Compliance Division" means the division of the City's Departments of Building and Planning, created pursuant to Chapter 1.10 of this Code.

C. The term "Noxious growth" means weeds, dry grass, vines or brush which bear seeds of a wingy or downy nature or which achieve a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community. Poison oak and poison ivy shall be deemed to be a noxious growth when the conditions of growth are such as to constitute a menace to the public health of the community.

D. The term "Person" means any natural person, firm, association, business, trust, organization, corporation, partnership, trust company, or any other entity which is recognized by law as the subject for rights or duties.

E. The term "Responsible Person" means any Person who owns, controls or otherwise has the authority to act on behalf of any real property, building or structure, which is subject to this Code, and further includes any lender or other financial institution in possession of probate property by virtue of any judicial or non-judicial foreclosure proceeding.

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F. The term "Weeds" means vegetation growing upon streets, sidewalks, or private property including any of the following:

1. Vegetation that bears seeds of a downy or wingy nature,

2. Vegetation that is not pruned or is otherwise neglected so as to attain such large growth as to become, when dry, a fire menace to adjacent improved property.

3. Vegetation that is otherwise noxious or dangerous.

4. Dry grass, stubble, brush, or other conditions of growth which endangers the public safety by creating a fire hazard in any area of the City.

5. Any other vegetation meeting the criteria established in Government Code Section 39561.5, as it may be amended.

G. The term "Vacant Structure" means a residential or commercial building which has remained unoccupied for a period of more than thirty (30) days.

H. The term "Public Nuisance" means a neglected structure shall constitute a public nuisance. (Ord. 765 §1, 2008)
Section 8.16.030 Nonexclusive Regulations
The procedures set forth in this Chapter constitute an alternative procedure, are nonexclusive and do not, in any manner, limit or restrict the City or the Neighborhood Code Compliance Division in the enforcement of other City ordinances, other Chapters of this Code, or the abatement of public nuisances in any other manner provided by law, including the procedures set forth in California Government Code Section 39560 et seq.. (Ord. 765 §1, 2008) Section 8.16.040 Weeds, Rubbish, and Other Property Maintenance Standards It is unlawful, and a public nuisance, for any Person, to maintain or allow to be maintained, permit or cause real property, including adjacent parkways, sidewalks or streets, to be maintained with any of the following conditions, which are visible from the street, sidewalk, public right-ofway, or other public or private property:

A. The growth, existence or dumping of the accumulation of dirt, litter, rubbish, garbage, junk, debris, weeds, noxious growth, landscaping, trees, bushes, hedges, lawns, shrubs, plants, dry lawns or grass, or other vegetation on the property to such an extent that it may in any way interfere with the passage of pedestrians or vehicles, may endanger health or property, or otherwise constitutes visual blight.

B. Neglected or inadequately maintained landscaping, trees, bushes, hedges, lawns, shrubs, plants or other vegetation, which:

1. Is dead, decayed, diseased, debris laden, weed infested, overgrown, or dying as a result of neglect, physical damage, disease, pest infestation or lack of water;

2. Is overgrown as to be likely to harbor rats or vermin;

3. Could create a fire hazard or is otherwise dangerous to the public health, safety and welfare;

4. Interferes with or impedes the flow of traffic, whether vehicular or pedestrian, or obstructs visibility on streets, intersections, sidewalks or other public rights-of-way; or

5. Creates a blighted appearance.

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Provided, however, that the provision as to dead or dying vegetation due to lack of water shall not be enforced during a drought, as determined by the City. For purposes of this Section, a lawn area shall be deemed "overgrown" if fifty percent (50%) or more of its area exceeds six (6) inches in height.

C. The parking of vehicles on lawns, vegetation, dirt, or any other area that is not surfaced with an all-weather material, such as concrete, asphalt, stone or gravel. The all-weather material shall be a minimum of two (2) inches deep and sufficiently compacted so to as to eliminate the unreasonable accumulation of dust, dirt, mud, or weeds and shall be sufficiently maintained so that it will drain and dispose of all surface water per the City's standard specifications.

D. The removal, or failure to maintain in good condition, any fencing required as a condition of any permit or development approval, or included in the project plan or application, as approved by the City, including, but not limited to, those fences which abut major thoroughfares, sound walls or those fences required by a Use Permit.

E. Buildings, windows, doors, walls, fences, trash enclosures, parking areas or other structures, which are:

1. Significantly cracked or broken, fallen, decayed, dry-rotted, warped, deteriorated, defective, defaced, in disrepair or missing components, or which either (a) threaten structural integrity, or (b) result in a dilapidated, decaying, disfigured, or partially ruined appearance to such an extent that they contribute to blight or threaten the public health, safety or welfare;

2. Leaning or listing more than fifteen (15) degrees from perpendicular or are in danger of collapse due to the elements, pest infestation, dry rot, lack of maintenance or other damage; or

3. Poorly maintained so as to become so defective, blighted, or in such condition of deterioration or disrepair that the same causes depreciation of the values of surrounding property or is materially detrimental to nearby properties and improvements.

F. The existence of indoor plumbing fixtures, (including but not limited to toilets or sinks) appliances or furniture, excluding lawn and patio furniture.

G. Public nuisances and attractive nuisances, including but not limited to:

1. Abandoned, neglected, inoperative and/or broken equipment, vehicles, furniture, appliances or machinery; or

2. Improperly fenced, unsanitary or otherwise hazardous pools, ponds and excavations.

H. Lumber which has been present on the property for more than one hundred eighty (180) days (excluding stacked firewood or lumber for a construction project on the property with a current valid permit),
I. Junk, trash or salvage materials (including, but not limited to, auto parts, scrap metals, tires, concrete, bricks, cans, bottles and plastic materials).

J. Broken windows constituting blighted or hazardous conditions or which invite trespassers and malicious mischief.

K. Property otherwise maintained in such a blighted condition, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of

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surrounding properties or is materially detrimental to proximal properties and improvements. (Ord. 765 §1, 2008)
Section 8.16.050 Security Standards for Vacant Structures A. All vacant structures shall be maintained in a way which minimizes the appearance of vacancy and secures it from any unauthorized entry.

B. The owner or responsible agent of a vacant structure which has suffered an unauthorized entry must provide security which meets the following minimum standards:

1. All windows and sliding doors shall provide either intact glazing or boarder.

2. Doors and service openings with thresholds located ten (10) feet or less above the grade, stairway, landing, ramp, porch, roof or similarly accessible area shall provide resistance to entry equivalent to or greater than that of a closed single panel or hollow core door one and threeeighths (1 3/8) inches thick equipped with a half-inch throw deadbolt or boarded.

3. Exterior doors, if operable, may be closed from the interior of the structure by toe nailing them to the door frame using 10D or 16D galvanized nails.

4. There shall be at least one operable door into each structure and into each housing unit. If an existing door is operable, it may be used and secured with a suitable lock such as a hasp and padlock or a one-half (½) inch deadbolt or dead latch;

5. All exterior surfaces, including any boarded windows or doors shall be applied with sufficient paint, siding, stucco or other finishes, in the same color or similar color as the adjoining areas, to weatherproof the vacant structure and to create a sufficient appearance of repair to deter unauthorized occupancy.

6. The exterior of any vacant structure property, including all landscaping, shall be kept in such condition as not to create the appearance of an unsecured, unoccupied structure or other hazard to public safety. (Ord. 765 §1, 2008)
Section 8.16.060 Fire Safety Standards for Vacant Structures All vacant structures shall be maintained in a manner which does not create an unreasonable risk of fire, including the removal of weeds which may constitute a fire hazard.

A. No vacant structure or portion thereof shall be used for the storage of flammable liquids or other materials which would constitute a safety or fire hazard.

B. Heating facilities or heating equipment in vacant structures shall either be removed or maintained in accordance with applicable codes or ordinances. If heating equipment is removed, any fuel supply shall be removed or terminated. (Ord. 765 §1, 2008) Section 8.16.070 Throwing or Burning on Streets Prohibited Except as expressly permitted by the City during scheduled collection of the same, it is unlawful, and a public nuisance, for any Person to throw or deposit any vegetation, garden refuse, leaves, tree trimmings, ashes, tin cans, litter, rubbish, garbage, junk, debris or any other offensive or nauseous substances, or to burn the same, or any other substance, upon any parkways, sidewalks, streets or any public property. (Ord. 765 §1, 2008)

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Section 8.16.080 Strict Liability
Violations of this Chapter shall be treated as strict liability offenses regardless of intent. (Ord. 765 §1, 2008)
Section 8.16.090 Violation – Notice and Administrative Citations A. Whenever any provision of this Chapter is violated, written notice in the form of a Notice of Violation shall be given to the Responsible Person or other Person who has caused the violation. The Notice of Violation shall be issued to the Responsible Person pursuant to the same procedures as those established for Administrative Citations, as articulated in Chapter 1.12 of this Code. The Notice of Violation shall require abatement of the violation within the time frame deemed appropriate by the Chief Code Compliance Officer, and shall include the following information:

1. The name and address of the Responsible Person or other Person who has caused the violation;

2. The address of the location of the violation;

3. The section(s) of this Chapter that have been violated;

4. A description of the violation;

5. A list of necessary corrections to abate the violation;

6. The deadline or specific date to abate the violation;

7. Reference to the potential consequences should the violation not be abated by the deadline or date specified in the Notice including, but not limited to: criminal prosecution, civil injunction, issuance and/or recordation of Administrative Citations, administrative abatement, civil penalties, code enforcement liens, revocation of permits, and withholding of future municipal permits.

B. If the violation is not abated within the time frame specified in the Notice, the Responsible Person or other Person who has caused the violation may be issued an Administrative Citation, as set forth in Chapter 1.12 of this Code.

C. Any person receiving an Administrative Citation for a violation of the provisions of this Chapter may appeal the Citation in the same manner as prescribed in Chapter 1.12 of this Code.

Notwithstanding the foregoing, appeals of Citations issued pursuant to the provisions of this Chapter shall be tendered to the City Clerk and shall be heard by the Chief Code Compliance Officer, or his or her designee.

D. Upon successful abatement of any violation of this Chapter by a Responsible Person, the Chief Code Compliance Officer shall issue a Notice of Compliance indicating that the Person’s property is in compliance with the provisions of this Chapter.

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civil penalty shall be stated in the Citation, as required by Chapter 1.12 of this Code. The civil penalty for the violation(s) may be reduced, in the discretion of the Chief Code Compliance Officer, as the circumstances may warrant, based upon the following factors:

1. The duration of the violation;

2. The frequency or recurrence of the violation;

3. The seriousness of the violation;

4. The history of the violation;

5. The Responsible person's conduct after issuance of the notice and order;

6. The good faith effort by the Responsible Person to comply;

7. The economic impact of the penalty on the Responsible Person;

8. The impact of the violation upon the community;

9. Any other factors that justice may require.

B. Each and every day a violation of this Chapter or applicable state code exists constitutes a separate and distinct offense, which shall be assessed the same civil penalty as indicated on the Administrative Citation. Unpaid fines may be assessed as a lien or special assessment against the property of the Responsible Person or other Person who has caused the violation.

D. Should any Person fail to pay any civil penalties assessed pursuant to the provisions of this Chapter, the City shall pursue all legal remedies specified in Chapter 1.12 of this Code and any other remedies or collection methods permitted by law.

Section 8.16.110 Violation – Abatement Procedures
A. After the issuance of an Administrative Citation, in the event that a Responsible Person refuses to correct the violation stated therein for a period of time deemed reasonable by the Chief Code Compliance Officer, he or she shall give notice to the Responsible Person of the City’s intent to abate said violation within seven (7) calendar days of the mailing or posting of the notice. The notice shall contain all of the following information:

1. That the Responsible Person has the right to appeal the determination;

2. That if the Responsible Person fails to perform the abatement work described in the notice within the time prescribed, the City shall itself perform the work;

3. That if the City performs the abatement work, the Responsible Person shall be charged for the City’s costs, including administrative and legal expenses; and

4. If the Responsible Person fails to compensate the City for its costs of performing the abatement work within thirty (30) days of the City billing the Responsible Person, the costs shall become an assessment against the property to be collected at the same time and in the same manner as other City taxes.

B. Notice shall be given either by posting such notice in a conspicuous place on the property

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or by mailing it to the Responsible Person by certified or registered mail.

C. Within seven calendar days of the posting or mailing of notice, the Responsible Person may appeal the determination and order of the Chief Code Compliance Officer. Such appeal shall be in writing and filed with the City Clerk. The City Administrator shall review the appeal and consider such other evidence as he or she considers relevant in making a decision. The City Administrator’s decision shall be final and mailed to the Responsible Person by certified or registered mail within fourteen (14) calendar days of receipt of the appeal by the City Clerk. If the City Administrator affirms the determination of the Chief Code Compliance Officer, he or she shall set a new date by which the Responsible Person must abate the violation upon the property.

D. If at the end of the period set forth in Sections 8.16.110(A) and (C) above, the Responsible Person has failed to comply with the notice, or has not successfully objected thereto, Chief Code Compliance Officer shall notify the Director of Public Works who shall cause such nuisance as described to be removed and shall charge the expense of such work of removing the same to the owner of the property. The cost of said abatement shall be charged to the Responsible Person or other Person who has caused the violation and may be assessed as a lien or special assessment against the property of said Person pursuant to Government Code §§ 38773.1 or 38773.5. No abatement by City personnel shall be conducted without either written consent from the owner and occupants of the property, or a valid warrant authorizing entry onto the property to effectuate the abatement work.

E. Should the City institute any action, administrative proceeding, or special proceeding to abate a nuisance, attorney's fees shall be recoverable by the prevailing party in said action on proceedings. Recovery of attorney's fees by the prevailing party shall not exceed the amount of reasonable attorney's fees incurred by the City in the action or proceeding.

F. In addition to any other remedy provided by law, the provisions of this Chapter may be enforced in accordance with any of the procedures set forth in Chapter 1.10 and 1.12 of this Code. (Ord. 765 §1, 2008)
Section 8.16.120 Summary (Emergency) Abatement; Appeal
A. Where, in the discretion of the Fire Chief of the Ripon Consolidated Fire District, the Chief Code Compliance Officer, the Planning Director, or the City Administrator, the presence of weeds, refuse, or unsafe structures constitutes an immediate threat to fire safety or to the public health, said weeds, refuse, or unsafe structures shall be abated forthwith upon order of said Fire Chief, Chief Code Compliance Officer, Planning Director or Administrator upon the following conditions:

1. The threat to the public safety or health is immediate;

2. The officer involved shall use reasonable efforts to notify the Responsible Person and the occupant of the property, if any, to abate the threat immediately;

3. The abatement shall be restricted to those weeds, refuse or dirt as constitute an immediate threat; and

4. A written report shall be made to the Neighborhood Code Compliance Division explaining the nature of the threat, attempts to contact the owner or occupant and the cost of abatement.

B. The Neighborhood Code Compliance Division shall thereafter issue an order to the Responsible Person to show cause why any costs of abatement incurred by the City should not be

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paid for by the Responsible Person. The hearing upon said order shall be presided over by a Hearing Officer who shall be designated by the Neighborhood Code Compliance Division.

Notice of the hearing upon said order shall be given either by posting such notice in a conspicuous place on the property or by mailing it to the owner by certified or registered mail.

Following said hearing, the City Council shall ratify the decision of the Hearing Officer at its next regularly-scheduled meeting and may direct the City Attorney to institute any appropriate proceedings for the collection of any costs it finds to have been incurred by the City in the abatement, including, but not limited to, any methods prescribed in this Chapter.

Section 8.16.130 Cumulative Remedies
The remedies provided for herein are cumulative and shall be in addition to such other remedies as are allowed by law.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council hereby finds that the adoption of this Ordinance does not constitute the approval of a “project” under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and (3), 15061(b)(3), 15262, and 15378 of the State of California CEQA Guidelines.

Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 3. 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 4. 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 5. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 6. PUBLICATION. At least two (5) days prior to its final adoption, copies of this ordinance shall be posted at City Hall and on the City of Ripon website; and a notice shall be published once in The Manteca Bulletin, the official newspaper of the City of Ripon, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 8th day of October, 2024, by the following vote:

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

By: ___________________________
LISA ROOS, City Clerk

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Chapter 8.16

NUISANCE
Sections:

8.16.010 Purpose

8.16.020 Definitions

8.16.030 Nonexclusive Regulations

8.16.040 Weeds, Rubbish, and Other Property Maintenance Standards

8.16.050 Security Standards for Vacant Structures

8.16.060 Fire Safety Standards for Vacant Structures

8.16.070 Throwing or Burning of Rubbish on Streets Prohibited

8.16.080 Strict Liability

8.16.090 Violation – Notice and Administrative CitationsAbatement Procedures

8.16.100 Violation – Civil Penalties

8.16.110 Violation – Abatement Procedures

8.16.120 Summary (Emergency) Abatement; Appeal

8.16.130 Cumulative Remedies
Section 8.16.010 Purpose.

The City Council finds that the promotion of voluntary compliance with minimum property maintenance standards is vital to the protection of the public's health, safety and quality of life. The Council recognizes that the City has an important interest in setting standards for the improvement of the overall appearance and maintenance of properties in the City because adequate maintenance and appearance promote property values and improve the general welfare and quality of life of its citizens. The Council believes there exists a need for further emphasis, than currently exists, on property maintenance and sanitation to avoid certain conditions, as described herein, which are injurious and adverse to the public health, safety and welfare of the residents of the City and which contribute substantially and increasingly to the deterioration and blight of residential neighborhoods, commercial areas and industrial areas. Said conditions are declared to be public nuisances and violations of this Code, to constitute visual blight or result in conditions which are harmful or deleterious to the public health, safety and welfare.

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Packet Pg. 247 Attachment: Chapter 8.16 Redline Version (4410 : Chapter 8.16 Nuisance) health, safety and general welfare of the public by requiring a level of maintenance of property, which will protect the habitability and appearance of the City, and prevent the impairment of property values which result from the neglect and deterioration of property. It is the intent of the Council to impose minimum Citywide standards for property maintenance.

A. The term "Chief Code Compliance Officer" means the Person designated pursuant to Chapter 1.10 of this Code, or his or her designee.

B. The term "Neighborhood Code Compliance Division" means the division of the City's Departments of Building and Planning, created pursuant to Chapter 1.10 of this Code.

F. The term "Weeds" means vegetation growing upon streets, sidewalks, or private property including any of the following:

1. Vegetation that bears seeds of a downy or wingy nature,

2. Vegetation that is not pruned or is otherwise neglected so as to attain such large growth as to become, when dry, a fire menace to adjacent improved property.

3. Vegetation that is otherwise noxious or dangerous.

4. Dry grass, stubble, brush, or other conditions of growth which endangers the public safety by creating a fire hazard in any area of the City.

5. Any other vegetation meeting the criteria established in Government Code Section 39561.5, as it may be amended.

G. The term "Vacant Structure" means a residential or commercial building which has remained unoccupied for a period of more than thirty (30) days.

H. The term "Public Nuisance" means a neglected structure shall constitute a public nuisance. (Ord. 765 §1, 2008)
Section 8.16.030 Nonexclusive Regulations.

The procedures set forth in this Chapter constitute an alternative procedure, are nonexclusive and do not, in any manner, limit or restrict the City or the Neighborhood Code Compliance Division in the enforcement of other City ordinances, other Chapters of this Code, or the abatement of public nuisances Redline Version

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Packet Pg. 248 Attachment: Chapter 8.16 Redline Version (4410 : Chapter 8.16 Nuisance) in any other manner provided by law, including the procedures set forth in California Government Code Section 39560 et seq.. (Ord. 765 §1, 2008)
Section 8.16.040 Weeds, Rubbish, and Other Property Maintenance Standards.

It is unlawful, and a public nuisance, for any Person, to maintain or allow to be maintained, permit or cause real property, including adjacent parkways, sidewalks or streets, to be maintained with any of the following conditions, which are visible from the street, sidewalk, public right-of-way, or other public or private property:

B. Neglected or inadequately maintained landscaping, trees, bushes, hedges, lawns, shrubs, plants or other vegetation, which:

1. Is dead, decayed, diseased, debris laden, weed infested, overgrown, or dying as a result of neglect, physical damage, disease, pest infestation or lack of water;

2. Is overgrown as to be likely to harbor rats or vermin;

3. Could create a fire hazard or is otherwise dangerous to the public health, safety and welfare;

4. Interferes with or impedes the flow of traffic, whether vehicular or pedestrian, or obstructs visibility on streets, intersections, sidewalks or other public rights-of-way; or

5. Creates a blighted appearance.

Provided, however, that the provision as to dead or dying vegetation due to lack of water shall not be enforced during a drought, as determined by the City. For purposes of this Section, a lawn area shall be deemed "overgrown" if fifty percent (50%) or more of its area exceeds six (6) inches in height.

E. Buildings, windows, doors, walls, fences, trash enclosures, parking areas or other structures, which are:

2. Leaning or listing more than fifteen (15) degrees from perpendicular or are in danger of collapse due to the elements, pest infestation, dry rot, lack of maintenance or other damage; or

3. Poorly maintained so as to become so defective, blighted, or in such condition of deterioration or disrepair that the same causes depreciation of the values of surrounding Redline Version

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Packet Pg. 249 Attachment: Chapter 8.16 Redline Version (4410 : Chapter 8.16 Nuisance) property or is materially detrimental to nearby properties and improvements.

F. The existence of indoor plumbing fixtures, (including but not limited to toilets or sinks) appliances or furniture, excluding lawn and patio furniture.

G. Public nuisances and attractive nuisances, including but not limited to:

1. Abandoned, neglected, inoperative and/or broken equipment, vehicles, furniture, appliances or machinery; or

2. Improperly fenced, unsanitary or otherwise hazardous pools, ponds and excavations.

H. Lumber which has been present on the property for more than one hundred eighty (180) days (excluding stacked firewood or lumber for a construction project on the property with a current valid permit),
I. Jjunk, trash or salvage materials (including, but not limited to, auto parts, scrap metals, tires, concrete, bricks, cans, bottles and plastic materials).

JI. Broken windows constituting blighted or hazardous conditions or which invite trespassers and malicious mischief.

KJ. Property otherwise maintained in such a blighted condition, or in such condition of deterioration or disrepair that the same causes appreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements. (Ord. 765 §1, 2008)
Section 8.16.050 Security Standards for Vacant Structures.

A. All vacant structures shall be maintained in a way which minimizes the appearance of vacancy and secures it from any unauthorized entry.

B. The owner or responsible agent of a vacant structure which has suffered an unauthorized entry must provide security which meets the following minimum standards:

1. All windows and sliding doors shall provide either intact glazing or boarder.

2. Doors and service openings with thresholds located ten (10) feet or less above the grade, stairway, landing, ramp, porch, roof or similarly accessible area shall provide resistance to entry equivalent to or greater than that of a closed single panel or hollow core door one and three-eighths (1 3/8) inches thick equipped with a half-inch throw deadbolt or boarded.

3. Exterior doors, if operable, may be closed from the interior of the structure by toe nailing them to the door frame using 10D or 16D galvanized nails.

6. The exterior of any vacant structure property, including all landscaping, shall be kept in such condition as not to create the appearanceof an unsecured, unoccupied structure or other hazard to public safety. (Ord. 765 §1, 2008)
Section 8.16.060 Fire Safety Standards for Vacant Structures All vacant structures shall be maintained in a manner which does not create an unreasonable risk of fire, including the removal of weeds which may constitute a fire hazard.

Redline Version

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Packet Pg. 250 Attachment: Chapter 8.16 Redline Version (4410 : Chapter 8.16 Nuisance) A. No vacant structure orf portion thereof shall be used for the storage of flammable liquids or other materials which would constitute a safety or fire hazard.

Except as expressly permitted by the City during scheduled collection of the same, it is unlawful, and a public nuisance, for any Person to throw or deposit any vegetation, garden refuse, leaves, tree trimmings, ashes, tin cans, litter, rubbish, garbage, junk, debris or any other offensive or nauseous substances, or to burn the same, or any other substance, upon any parkways, sidewalks, streets or any public property. (Ord. 765 §1, 2008)
Section 8.16.080 Strict Liability.

Violations of this Chapter shall be treated as strict liability offenses regardless of intent. (Ord. 765 §1, 2008)
Section 8.16.090 Abatement Procedures.Violation – Notice and Administrative Citations A. Whenever any provision of this Chapter is violated, written notice in the form of a Notice of Violation, shall be given to the Responsible Person or other Person who has caused the violation. The Notice of Violation shall be issued to the Responsible Person pursuant to the same procedures as those established for Administrative Citations, as articulated in Chapter 1.12 of this Code. The Notice of Violation shall require abatement of the violation within the time frame deemed appropriate by the Neighborhood Code Compliance DivisionChief Code Compliance Officer, and shall include the following information:

1. The name and address of the Responsible Person or other Person who has caused the violation;

2. The address of the location of the violation;

3. The section(s) of this Chapter that have been violated;

4. A description of the violation;

5. A list of necessary corrections to abate the violation;

6. The deadline or specific date to abate the violation;

7. Reference to the potential consequences should the violation not be abated within by the deadline or date specified in the Notice including, but not limited to: criminal prosecution, civil injunction, issuance and/or recordation of Aadministrative Ccitations, administrative abatement, civil penalties, code enforcement liens, revocation of permits, recordation of the Notice of Violation, and withholding of future municipal permits.

B. If the violation is not abated within specified the time frame specified in the Notice, the Responsible Person
or other Person who has caused the violation may be issued an Aadministrative Ccitation, as set forth in Chapter 1.12 of this Code. ,
C. Any person receiving an Administrative Citation for a violation of the provisions of this Chapter may appeal the Citation in the same manner as prescribed in Chapter 1.12 of this Code. Notwithstanding the foregoing, appeals of Citations issued pursuant to the provisions of this Chapter shall be tendered to the City Clerk and shall be heard by the Chief Code Compliance Officer, or his or her designee.

D. Upon successful abatement of any violation of this Chapter by a Responsible Person, the Chief Redline Version

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Section 8.16.100 Violation – Civil Penalties
A. Any Person who has been cited with an Administrative Citation pursuant to the provisions of this Chapter shall be assessed civil penalties of $1,000 per violation, unless reduced subject to the provisions of this Section or any other provision of law. The total civil penalties that may accrue for any related series of violations shall in no event exceed $100,000, exclusive of administrative costs, interest and restitution for compliance reinspection. The amount of the civil penalty shall be stated in the Citation, as required by Chapter 1.12 of this Code. The civil penalty for the violation(s) may be reduced, in the discretion of the Chief Code Compliance Officer, as the circumstances may warrant, based upon the following factors:

1. The duration of the violation;

2. The frequency or recurrence of the violation;

3. The seriousness of the violation;

4. The history of the violation;

5. The Responsible person's conduct after issuance of the notice and order;

6. The good faith effort by the Responsible Person to comply;

7. The economic impact of the penalty on the Responsible Person;

8. The impact of the violation upon the community;

9. Any other factors that justice may require.

C. The Chief Code Compliance Officer may, at his or her discretion, suspend the automatic accrual of civil penalties for a violation of the provisions of this Chapter, upon good cause shown or a good faith effort by the Responsible Person to abate the violation. The Chief Code Compliance Officer may also elect to resume the accrual of civil penalties should he or she determine that the circumstances that warranted the suspension are no longer in effect. The Chief Code Compliance Officer shall notify the Responsible Person in writing of the suspension or resumption of the accrual of civil penalties.which shall require the payment of a fine, the amount of which shall be fixed or established by Resolution of the CityCouncil. Unpaid fines may be assessed as a lien or special assessment against the property of the Responsible Person or other Person who has caused the violation.

C. If the violation is not cured after the issuance of three (3) administrative citations,
the Chief Code Compliance Officer may abate, or direct another Person to abate the violation.

3.A.a
Packet Pg. 252 Attachment: Chapter 8.16 Redline Version (4410 : Chapter 8.16 Nuisance) said violation within seven (7) calendar days of the mailing or posting of the notice. The notice shall contain all of the following information:

1. That the Responsible Person has the right to appeal the determination;

2. That if the Responsible Person fails to perform the abatement work described in the notice within the time prescribed, the City shall itself perform the work;

3. That if the City performs the abatement work, the Responsible Person shall be charged for the City’s costs, including administrative and legal expenses; and

B. Notice shall be given either by posting such notice in a conspicuous place on the property or by mailing it to the Responsible Person by certified or registered mail.

D. If at the end of the period set forth in Sections 8.16.110(A) and (C) above, the Responsible Person has failed to comply with the notice, or has not successfully objected thereto, Chief Code Compliance Officer shall notify the Director of Public Works who shall cause such nuisance as described to be removed and shall charge the expense of such work of removing the same to the owner of the property.The cost of said abatement shall be charged to the Responsible Person or other Person who has caused the violation and may be assessed as a lien or special assessment against the property of said Person pursuant to Governmental Code §§ 38773.1 or 38773.5. No abatement by City personnel shall be conducted without either written consent from the owner and occupants of the property, or a valid warrant authorizing entry onto the property to effectuate the abatement work.

ED.Should the City institute any action, administrative proceeding, or special proceeding to abate a nuisance, attorney's fees shall be recoverable by the prevailing party in said action on proceedings. Recovery of attorney's fees by the prevailing party shall not exceed the amount of reasonable attorney's fees incurred by the City in the action or proceeding.

E. Any Responsible Person or other Person who violates any of the provisions of this Chapter shall also be guilty of an infraction, and may be fined pursuant to Section 1.08.030.

1. The threat to the public safety or health is immediate; Redline Version

3.A.a
Packet Pg. 253 Attachment: Chapter 8.16 Redline Version (4410 : Chapter 8.16 Nuisance)

2. The officer involved shall use reasonable efforts to notify the Responsible Person and the occupant of the property, if any, to abate the threat immediately;

3. The abatement shall be restricted to those weeds, refuse or dirt as constitute an immediate threat; and

4. A written report shall be made to the Neighborhood Code Compliance Division explaining the nature of the threat, attempts to contact the owner or occupant and the cost of abatement.

B. The Neighborhood Code Compliance Division shall thereafter issue an order to the Responsible Person to show cause why any costs of abatement incurred by the City should not be paid for by the Responsible Person. The hearing upon said order shall be presided over by a Hearing Officer who shall be designated by the Neighborhood Code Compliance Division. Notice of the hearing upon said order shall be given either by posting such notice in a conspicuous place on the property or by mailing it to the owner by certified or registered mail. Following said hearing, the City Council shall ratify the decision of the Hearing Officer at its next regularly-scheduled meeting and may direct the City Attorney to institute any appropriate proceedings for the collection of any costs it finds to have been incurred by the City in the abatement, including, but not limited to, any methods prescribed in this Chapter.

Section 8.16.130 Cumulative Remedies
The remedies provided for herein are cumulative and shall be in addition to such other remedies as are allowed by law.

Redline Version

3.A.a
Packet Pg. 254 Attachment: Chapter 8.16 Redline Version (4410 : Chapter 8.16 Nuisance) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 10/08/2024
Subject: Ripon Garden Club Donation
RECOMMENDED ACTION:

Accept the donation for the development of a rose garden near Stouffer Hall from the Ripon Garden Club and authorize City staff to assist with modifying the existing irrigation, installing an irrigation controller, grading and soil preparation (Donation value: $9,800; City cost and funding source: $10,000 from the General Fund).

BACKGROUND:

The Ripon Garden Club is proposing to create a rose garden near the front entrance of Stouffer Hall. The area where the rose garden is proposed is mostly bare dirt with a small portion of camellia plants along the perimeter which were donated to the City of Ripon by the City’s sister city in Japan sometime in the late 1980s.

DISCUSSION/ANALYSIS:

The Ripon Garden Club rose garden donation will enhance the front entrance to Stouffer Hall and provide an enjoyable space for residents within the park. The attached form and drawing outlines the specifics of the donation including a refresh to the existing camellia plants, adding rose beds, creating a decomposed granite walking path, benches, arbor, fence, irrigation and additional plants.

The Ripon Garden Club will be responsible for all pruning and grounds keeping maintenance within the garden once established similar to the existing butterfly garden also located at Stouffer Park. City staff will assist with initial labor to make modifications to the existing irrigation system, add a separate irrigation controller, grade the site and prepare the soil for planting. All other installation of the amenities and planting will be performed by the Ripon Garden Club.

Due to the amount of maintenance involved at the rose garden, staff has discussed with the Ripon Garden Club that if maintenance can no longer be provided in the future by the Ripon Garden Club, modifications to the garden would most likely need to be made in order for City

4.A
Packet Pg. 255
staff to maintain the area including replanting with lower maintenance type plants.

FISCAL IMPACT:

The one-time initial labor expense from the City to assist in preparing the designated area for the rose garden will cost $10,000 and be paid for through the General Fund.

Attachments:

1. Rose Garden Donation

2. Rose Garden Donation Plan

4.A
Packet Pg. 256

4.A.a
Packet Pg. 257 Attachment: Rose Garden Donation (4416 : Ripon Garden Club Donation)

4.A.a
Packet Pg. 258 Attachment: Rose Garden Donation (4416 : Ripon Garden Club Donation)

4.A.b
Packet Pg. 259 Attachment: Rose Garden Donation Plan (4416 : Ripon Garden Club Donation) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 10/08/2024
Subject: Nitrate Control Program
RECOMMENDED ACTION:

Authorize staff to proceed with joining the Local Management Zone (Pathway B) with other permittees to work together to reduce nitrate loading as required by the Central Valley Regional Water Quality Control Board, including signing the Valley Water Collaborative Contribution Agreement and paying the annual fee as required by the agreement.

BACKGROUND:

Increased agricultural, industrial, and municipal activities have resulted in dramatic increases in nitrate in groundwater throughout the Central Valley. Many residential well water users in the Central Valley rely on groundwater for drinking water, and some of them experience unsafe levels of nitrate. Nitrate is a tasteless, odorless, and invisible chemical that can cause health effects when found in high levels in drinking water. Nitrate is common in fertilizers and waste discharges in the Central Valley.

In May 2018, the Central Valley Regional Water Quality Control Board (CVRWQCB) adopted Resolution R5-2018-0034, approving new Salt and Nitrate Control Programs. The Nitrate Control Program (NCP) was developed to address nitrate accumulation issues in groundwater throughout the Central Valley Region. The goal of the Nitrate Control Program is to provide safe drinking water supplies, reduce nitrate impacts to water supplies and restore groundwater quality where reasonable and feasible.

The City of Ripon is subject to the Nitrate Control Program requirements for the City’s wastewater discharge from the City’s wastewater treatment plant to groundwater. The program covers the entire Central Valley Region and is broken into separate basins/sub-basins. Priority 1 Sub-basins began the program in 2021 and Priority 2 Sub-basins are required to begin the program in 2024. The City of Ripon is included in the Eastern San Joaquin Priority 2 Sub-basin Zone.

4.B
Packet Pg. 260
DISCUSSION/ANALYSIS:

In December of 2023 the City received the attached Notice to Comply letter from the CVRWQCB with a limited amount of time to select one of two pathways for compliance of the NCP.

The NCP Notice to Comply requires a choice between two compliance pathways:

Pathway A is an individual option that would require significant costly upgrades to the wastewater treatment plant in order to meet the nitrate standard.

Pathway B allows the City to join a Local Management Zone with other Permittees to work together to reduce nitrate loading and to provide replacement drinking water to communities and individuals whose wells are impacted by nitrates.

Staff reached out to our consultant Stantec who assists with the quarterly and annual reports for the City wastewater treatment plant to discuss the feasibility of Pathway A. It would require a large and highly complicated study to try and come up with findings that show how the City wastewater treatment plant does not contribute to the nitrate problem in the surrounding groundwater. Due to our wastewater treatment processes and the current nitrate levels in the groundwater surrounding the plant the most likely outcome would include significant upgrades to the plant and updating our existing discharge permit.

Staff recommends choosing Pathway B and approving the voluntary contribution agreement for participation in the Eastern San Joaquin Basin Management Zone administered by Valley Water Collaborative. Valley Water Collaborative is a collaborative management zone comprised of irrigated lands, dairies, wineries, industrial processors, and wastewater treatment plant permitted discharges. Pathway B allows more time for dischargers to reduce and eliminate nitrate contamination within the management zone.

The Valley Water Collaborative budget for 2024 is $220,220 which will fund the Preliminary Management Zone Proposal (PMZP) due on December 28, 2024. The PMZP will include identification of participating permitted dischargers, initial assessment of nitrate conditions in groundwater, potentially impacted public water supplies/domestic wells where nitrate exceeds water quality objectives, existing nitrate management practices of participating permitted dischargers, and an Early Action Plan (EAP) to ensure safe drinking water in the short-term while long-term solutions are developed and implemented as required by CVRWQCB.

Implementation of the EAP begins February 26, 2025, which will include an education aspect, free well testing, and free bottled water for those affected by nitrates above the accepted levels.

The Final Management Zone Proposal (FMZP) is due December 2025. The Valley Water Collaborative preliminary budget for 2025 is $397,668.

By December 2026, each priority sub-basin is required to submit a management zone implementation plan (MZIP) to the Regional Water Board. Early action plan implementation will continue until long-term drinking water solutions are implemented under the MZIP. The plan

4.B
Packet Pg. 261
will first prioritize finding solutions for dischargers contributing the highest amount of nitrates into the groundwater within the management zone.

FISCAL IMPACT:

The Management Zone will be funded through the participating communities and industries who are required to comply with the NCP including municipalities, irrigated lands, dairies, wineries and industrial processors. The annual fees will vary based on the expenses necessary for plans and implementation, they are determined by type of industry and permitted flow. The 2024 annual fee for the City of Ripon is $2,500 which will be funded through the Sewer Enterprise Operating Fund. The Management Zone 2025 annual fee for the City of Ripon is estimated to be around $5,000. Moving forward into 2026 and beyond we anticipate slight increases in expenses as the implementation plan progresses.

Attachments:

1. Notice to Comply

2. Valley Water Collaborative Agreement

4.B
Packet Pg. 262

4.B.a
Packet Pg. 263 Attachment: Notice to Comply (4354 : Nitrate Control Program)

4.B.a
Packet Pg. 264 Attachment: Notice to Comply (4354 : Nitrate Control Program)

4.B.a
Packet Pg. 265 Attachment: Notice to Comply (4354 : Nitrate Control Program)

4.B.a
Packet Pg. 266 Attachment: Notice to Comply (4354 : Nitrate Control Program)

4.B.a
Packet Pg. 267 Attachment: Notice to Comply (4354 : Nitrate Control Program)

4.B.a
Packet Pg. 268 Attachment: Notice to Comply (4354 : Nitrate Control Program)

4.B.a
Packet Pg. 269 Attachment: Notice to Comply (4354 : Nitrate Control Program)

4.B.a
Packet Pg. 270 Attachment: Notice to Comply (4354 : Nitrate Control Program) 1 VALLEY WATER COLLABORATIVE VOLUNTARY CONTRIBUTION AGREEMENT TO

SUPPORT EFFORTS RELATED TO WELL TESTING, REPLACEMENT WATER AND GROUNDWATER

IMPROVEMENTS IN THE MODESTO, TURLOCK, DELTA-MENDOTA, EASTERN SAN JOAQUIN,

MERCED AND MADERA GROUNDWATER BASIN/SUB-BASIN AS IDENTIFIED IN THE WATER

QUALITY CONTROL PLAN FOR THE SACRAMENTO AND SAN JOAQUIN RIVER BASINS This Voluntary Contribution Agreement (this “Agreement”) is entered into this _____ day of __________, 20____ (the “Effective Date”), by and between the VALLEY WATER COLLABORATIVE, a California nonprofit public benefit corporation (hereafter “VWC”) and ______________________________________, (hereafter “Contributor”) (referred to individually as “Party” or collectively “Parties).

BACKGROUND

1. On May 31, 2018, the Central Valley Regional Water Quality Control Board (Central Valley Water Board) adopted amendments to the Water Quality Control Plans for the Sacramento River and San Joaquin River Basins and the Tulare Lake Basin to incorporate a Central Valley-Wide Salt and Nitrate Control Program (Basin Plan Amendments). The Basin Plan Amendments were approved by the State Water Resources Control Board (State Water Board) on October 16, 2019, and the Office of Administrative Law on January 15, 2020.

Parts of the Basin Plan Amendments became effective upon Office of Administrative Law approval. Other parts became effective after receiving approval from the United States Environmental Protection Agency.

2. The Basin Plan Amendments include the program to regulate nitrate discharges to groundwater (Nitrate Control Program). The Nitrate Control Program became effective on or about January 15, 2020.

3. The Nitrate Control Program applies to all discharges of nitrate to groundwater basins that are designated with the municipal and domestic supply (MUN) beneficial use. Application of the Nitrate Control Program to discharges that are subject to Central Valley Water Board authority is being implemented based on priorities set forth in the Basin Plan Amendments.

4. The Nitrate Control Program, as adopted by the Central Valley Water Board, identifies the following six Priority 1 groundwater basins/sub-basins: Kaweah, Turlock, Chowchilla, Tule, Modesto, and Kings; the following Priority 2 groundwater basins/subbasins: Yolo, Eastern San Joaquin, Delta-Mendota, Merced, Madera, Tulare Lake, Kern County (Westside South), and Kern County (Poso); and designates the remaining areas as non-prioritized areas.1 Compliance with the Nitrate Control Program is triggered by the issuance of a Notice to Comply from the Central Valley Water Board to permittees that discharge nitrate to 1 The groundwater basins/subbasins names and boundaries identified in this Agreement are from the Department of Water Resources Bulletin 118 as it existed in 2014 and as incorporated into the Basin Plan.

4.B.b
Packet Pg. 271 Attachment: Valley Water Collaborative Agreement (4354 : Nitrate Control Program) 2 groundwater. Upon receipt of the Notice to Comply, permitted dischargers need to select one of two pathways for complying with the Nitrate Control Program.

5. The Notice to Comply, as set forth in the Basin Plan Amendments, requires those that are permitted by the Central Valley Water Board to either meet the new requirements through an individual permitting approach (Pathway A) or voluntarily work with other permittees as a Management Zone (Pathway B).

6. Voluntary participation in a Management Zone is considered by the Central Valley Water Board to be an alternative compliance pathway to traditional permitting approaches and includes incentives that allow those voluntarily selecting Pathway B significant additional time to comply with the Nitrate Control Program.

7. Irrigated agriculture is permitted to discharge nitrate through the issuance of General Waste Discharge Requirements that apply to Members of Third Party Groups and recognized Third Party Groups (Ag Coalitions) receive the Notice to Comply for growers that are Members of that Third Party Group. As directed in the General Waste Discharge Requirements issued by the Central Valley Water Board, Ag Coalitions select the compliance approach (i.e., pathway) for its Members to comply with the Nitrate Control Program.

8. The Central Valley Dairy Representative Monitoring Program (CVDRMP) conducts monitoring on behalf of its dairy and bovine members and assists them with compliance with the Central Valley Water Board’s Nitrate Control Program. The CVDRMP selects the compliance approach (i.e., pathway) for its Members for complying with the Central Valley Water Board’s Nitrate Control Program.

9. On May 30, 2020, the Central Valley Water Board sent a Notice to Comply with the Nitrate Control Program to nitrate permitted dischargers and Ag Coalitions that have Members within the boundaries of the six identified Priority 1 basins.

10. On December 29, 2023, the Central Valley Water Board sent a Notice to Comply with the Nitrate Control Program to nitrate permitted dischargers and Ag Coalitions that have Members within the boundaries of the eight identified Priority 2 basins.

11. Permitted dischargers of nitrate need to inform the Central Valley Water Board of their decision to either elect Pathway A or Pathway B. For Members of Ag Coalitions, the Ag Coalition informs the Central Valley Water Board of its choice on behalf of its Members.

For Members of the CVDRMP, the CVDRMP informs the Central Valley Water Board of its choice for its Members located in the relevant groundwater basin/subbasin and their selection of Pathway B by virtue of participation in the CVDRMP.

12. A Management Zone is defined to mean “[a] discrete and generally hydrologically contiguous area for which permitted discharger(s) participating in the Management Zone collectively work to meet the goals of the SNMP and for which regulatory compliance is evaluated based on the permittees collective impact, including any alternative compliance

4.B.b
Packet Pg. 272 Attachment: Valley Water Collaborative Agreement (4354 : Nitrate Control Program) 3 programs, on a defined portion of the aquifer. Where Management Zones cross groundwater basin or sub-basin boundaries, regulatory compliance is assessed separately for each basin or sub-basin. Management Zones must be approved by the Central Valley Water Board.”

13. For those permitted dischargers that received the May 30, 2020 Notice to Comply and selected Pathway B, the time to submit Preliminary Management Zone Proposals and Early Action Plans, Final Management Zone Proposals and Management Zone Implementation Plans occurred between March 2021 and September 2023, and all documents were submitted timely.

14. For those permitted dischargers that received the December 29, 2023, Notice to Comply and voluntarily decide to participate in a Management Zone, which includes Ag Coalition and CVDRMP representatives on behalf of their Members, a Preliminary Management Zone Proposal and Early Action Plan must be submitted to the Central Valley Water Board no later than December 28, 2024.

14. Permitted dischargers voluntarily working together as a Management Zone are responsible for developing and submitting a Final Management Zone Proposal within 180 days after Central Valley Water Board review of the preliminary proposal.

15. Six months after the Central Valley Water Board’s Executive Officer accepts the Final Management Zone Proposal, the permittees, working voluntarily and collaboratively as a Management Zone, are responsible for developing and submitting a Management Zone Implementation Plan to the Central Valley Water Board.

16. Central components of the Central Valley Water Board’s Pathway B alternative compliance approach include the need for permittees to be responsible for a program that tests domestic drinking water wells, provide access to safe drinking water when a drinking water well exceeds the nitrate drinking water standard of 10 mg/L and identify long-term drinking water solutions.

17. The Valley Water Collaborative (VWC) is a nonprofit public benefit corporation created to maintain and improve the quality of life within the Modesto, Turlock, Delta-Mendota, Eastern San Joaquin, Merced and Madera groundwater basins/subbasins (collectively referred to hereafter as the Region) located within the Central Valley by providing groundwater testing and free drinking water to residents in the Region who are impacted by nitrate contamination. The VWC also seeks to improve quality of life in the Region by identifying long-term drinking water needs for those in the Region that are impacted by nitrate contamination.

18. The Central Valley Water Board, at its sole discretion, may determine that permittees voluntarily contributing to the VWC’s efforts to improve quality of life in the Region otherwise satisfies a permittees responsibilities and obligations under Pathway B of the Nitrate Control Program.

4.B.b
Packet Pg. 273 Attachment: Valley Water Collaborative Agreement (4354 : Nitrate Control Program) 4 TERMS OF VOLUNARY CONTRIBUTION AGREEMENT
The Parties agree as follows:

1. Contributor has voluntarily determined, on its own accord, to voluntarily participate and contribute to VWC’s program to improve quality of life in the Region.

2. As part of its efforts to improve quality of life in the Region, VWC agrees to make publicly available final reports and plans and data relied on for final reports and plans, except as limited by paragraph 12 of this Agreement, so that the Contributor may use such information to meet its responsibilities and obligations under the Nitrate Control Program and as directed by the Central Valley Water Board.

3. Contributor understands that the Contributors’ contributions will be used to support VWC in fulfilling its mission to maintain and improve the quality of life in the Region and to support VWC’s efforts to provide access to safe drinking water for residents, and by engaging in activities with the goal of protecting or enhancing the quality of groundwater used as drinking water for residents in the region.

4. VWC agrees that VWC’s Board of Directors will include contributors from all of the groundwater basins/subbasins in the Region and that each groundwater basin/subbasin in the Region will have at least one director position on the VWC Board of Directors. VWC agrees that all other director positions, i.e., those not specifically designated for each groundwater basin/subbasin, may be filled by any Contributor from any of the groundwater basin/subbasins that are within VWC’s Region.

5. VWC agrees that to ensure that VWC fulfills its mission throughout the Region that it will form and administer subcommittees of the Board of Directors for each groundwater basin/subbasin. The groundwater basin/subbasin specific subcommittees will be comprised of Contributors or a representative of Contributors (e.g., irrigated agriculture through Ag Coalition representatives and dairies through CVDRMP representatives) that have agreed to contribute to the VWC to help support VWC in fulfilling its mission to maintain and improve the quality of life in the Region and to support VWC’s efforts to provide access to safe drinking water for residents. The subcommittees may make recommendations to the VWC Board of Directors with respect to matters and activities that apply in whole or part to the subcommittee’s groundwater basin/subbasin of concern.

6. Contributor will be notified annually of its requested financial contribution to support VWC’s efforts to improve quality of life in the Region.

7. The Parties agree to cooperate in seeking alternative funding sources for development and implementation of the program and the implementation thereof.

4.B.b
Packet Pg. 274 Attachment: Valley Water Collaborative Agreement (4354 : Nitrate Control Program) 5 8. Contributor understands that compliance with the Nitrate Control Program is determined by the Central Valley Water Board and the Central Valley Water Board may assess compliance separately for each groundwater basin/subbasin that is in the Region.

9. As part of its program, the VWC will make available to the public, including the Central Valley Water Board, its final plans, reports, and any data relied on to develop final plans and reports, except as otherwise limited by paragraph 16 of this Agreement.

10. Contributor may terminate this Agreement at any time upon giving a minimum of thirty (30) days’ express written notification to the VWC. Any contributions made to VWC by a withdrawing Contributor prior to giving notice of withdrawal belong to the VWC as a public, nonprofit benefit corporation and are not reimbursable by VWC to the withdrawing Contributor.

11. Contributor understands that, upon request by the Central Valley Water Board, VWC will convey to the Central Valley Water Board those contributors that support VWC’s program and the identification of any former contributors that no longer support VWC’s program.

12. The Parties shall indemnify, defend, and hold harmless the other Party, its officers, directors, members, managers, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party arising out of or occurring in connection with a Party’s negligence, willful misconduct, or breach of this Agreement.

13. The Parties acknowledge that by contributing to VWC and supporting VWC’s programs, the parties make no representations or admissions whatsoever with respect to nitrate levels and possible contamination in groundwater that may exist within the Region.

14. The Parties, along with other VWC contributors, agree to work cooperatively to develop and implement VWC’s mission to improve quality of life in the Region and shall not use information obtained through the development and implementation of VWC’s mission to cause material harm the other Party to this Agreement or other contributors to the VWC.

15. To the extent allowed by applicable law and State Water Board Order WQ 2018-0002, if VWC receives or obtains access to certain confidential information associated with Groundwater Protection Formula, Value and Target information, and Irrigation and Nitrogen Summary Report Data from irrigated agricultural coalitions subject to relevant General Waste Discharge Requirements to assist in development of VWC’s program, VWC will take all reasonable steps to maintain confidentiality of such data and information.

4.B.b
Packet Pg. 275 Attachment: Valley Water Collaborative Agreement (4354 : Nitrate Control Program) 6 16. The Agreement shall be interpreted and enforced pursuant to the laws of the State of California. It is agreed that in the event of any litigation arising hereunder, the Parties hereto shall submit to the jurisdiction of any court of competent jurisdiction within the State of California, County of Stanislaus.

17.No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. If any provision of the Agreement is found invalid or unenforceable, the balance of the Agreement shall remain in full force and effect.

19. The Agreement may be executed in counterparts with the same force and effect as if executed in one complete document by all Parties.

20. This Agreement contains the entire agreement between the Parties with respect to the matters set forth in it. Any modifications, revisions, or changes to this Agreement must be made in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement effective on the date set forth above.

VALLEY WATER COLLABORATIVE
By: _____ Date:__________________
Signature of VWC Board Chair
_____
Print name of VWC Board Chair

CONTRIBUTOR
Entity Name: ________________________ Date:__________________ By: _____
Signature of Contributor authorized representative
_____
Print name of Contributor authorized representative

4.B.b
Packet Pg. 276 Attachment: Valley Water Collaborative Agreement (4354 : Nitrate Control Program) 7 Entity Information
Entity Name:

Mailing Address:

Physical Address:

Subbasin(s) for which
this Agreement Applies:
☐ Modesto
☐ Turlock
☐ Merced
☐ Eastern San Joaquin
☐ Delta-Mendota
☐ Madera
CV Salts ID Number(s):
(This ID number is assigned
by the Regional Water Board.

It can be found on your
Notice to Comply.)
Primary Entity Contact
Name:

Phone:

Email:

Request for Contribution Statement Contact
Should the individual
above receive the VWC
Request for Contribution
Statement?
YES ☐ NO ☐
If “NO” please include the contact information for the individual, below.

Name:

Phone:

Email:

4.B.b
Packet Pg. 277 Attachment: Valley Water Collaborative Agreement (4354 : Nitrate Control Program)

Ripon City CouncilOctober 8, 2024

Ripon City Council
October 8, 2024