Minutes — Ripon City Council, October 8, 2024

Ripon City Council Minutes
TUESDAY, OCTOBER 08, 2024 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:00 PM
CLOSED SESSION: The closed session meeting was called to order at 5:00 PM.

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

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

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

IN THE MATTER OF:
(1) Personnel Negotiations Pursuant to Section 54957.6 of the California Government Code - Bohannon Insurance Group: 2025 Health and Welfare Renewals (2) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 4 cases.

Return to open session.

City Attorney Terpstra said Council met in closed session to discuss pending litigation and 2025 Health and Welfare Renewals and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Chris Williams gave the invocation.

ROLL CALL:

Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
City Council Page 2 October 8, 2024
OTHERS PRESENT:

City Administrator Kevin Werner, City Attorney Tom Terpstra, Deputy City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias, Kelly Donohue.

PUBLIC DISCUSSION:

Jerrod Mays said he is an artist and would like to offer his services to the City for some City art including bicycle racks. He said he just submitted a bid to do a piece of art for a roundabout in Lodi and was commissioned for a sculpture in front of the library in Lodi.

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council Meeting of September 10, 2024.

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

1. CITY COUNCIL - REGULAR MEETING - SEP 10, 2024 6:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

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

Mayor Zuber requested Item 1.3A be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

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

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

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 3 October 8, 2024

1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(September 2023 $365,794.33)
FY 2024-25 YTD: $1,255,337
FY 2023-24 YTD: $1,181,577
Highway Users Tax
(August 2023 $41,424.00)
FY 2024-25 YTD: $86,818
FY 2023-24 YTD: $81,693
SB1 Street & Road Tax
(September 2023 $33,594.18)
FY 2024-25 YTD: $107,963
FY 2023-24 YTD: $96,083
$316,615.01
$41,923.69
$36,107.55
TOTAL $394,646.25
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
September 2024 $1,305.31
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
July 2024
August 2024
$4,317.00
$4,530.07

TOTAL $8,847.07

1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
Private Development
Fire District Coordination
$14,600.50
$1,060.00
$637.50
$1,651.25

TOTAL $17,949.25
B. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
August 2024 Invoice #AR115103 $2,467.39
C. CITY OF STOCKTON
Ripon Share of Library Operating Costs 2024-2025
Invoice #115182 $22,200.00
D. RIPON UNIFIED SCHOOL DISTRICT
Pool Operations Shared Cost
Invoice #ARR24-00132 $44,874.69
City Council Page 4 October 8, 2024
E. CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY Workers’ Compensation Program
Liability Program
$174,816.00
$128,694.00
TOTAL $303,510.00
F. PATRICK CLARK CONSULTING
Professional Services – Labor Relations
Invoice #240409
Invoice #240905
$1,000.00
$62.50
TOTAL: $1,062.50
G. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #34123 $5,765.00
H. ASSOCIATED PENSION CONSULTANTS
Annual Administration Services for
Non-Public Safety Retirement Plan $11,520.00
I. BANC OF AMERICA LEASING
Ripon Public Financing Authority
2011 Waste Water Bonds $192,875.00
J. DIEDE CONSTRUCTION, INC.

Fleet Maintenance Facility Project
Progress Payment – Invoice #19 $24,238.30
K. BASECAMP ENVIRONMENTAL, INC.

Environmental Services for the Arc Way Development Project Invoice #52563
Invoice #52627
$9,718.75
$202.50
TOTAL $9,921.25
L. HARRIS & ASSOCIATES
Proposition 218 Fire Suppression Assessment Study
Progress Payment – Invoice #64357 $19,772.50
M. BASECAMP ENVIRONMENTAL, INC.

South County Water Connection Project
Progress Payment – Invoice #52622 $560.00
N. WGR SOUTHWEST, INC.

City Storm Water Permit Assistance
Progress Payment – Invoice #30630 $425.00
O. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment – Invoice #02471 $952.50
City Council Page 5 October 8, 2024

1.3. Resolutions
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. RESOLUTION NO. 24-37

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ADOPTING THE HEALTH AND

WELFARE PLANS PROVIDED TO

ALL EMPLOYEES AND COUNCIL

MEMBERS FOR CALENDAR YEAR
2025, INCLUDING ESTABLISHING

THE MAXIMUM PREMIUM AND

REIMBURSEMENT PAID BY THE

CITY FOR NON-REPRESENTED

EMPLOYEES AND CITY COUNCIL

MEMBERS
This resolution adopts the health and
welfare plans provided to all employees
and Council Members for calendar year
2025, including establishing the
maximum premium and reimbursement
paid by the City for Non-Represented
Employees and City Council Members.

C. RESOLUTION NO. 24-38

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING A GRANT OF

EASEMENT FOR PUBLIC UTILITY

EASEMENT OF CERTAIN REAL

PROPERTY TO THE CITY OF
RIPON
This resolution accepts a Grant of a
Public Utility Easement by Bethany
Home Society of San Joaquin County for
certain real property to the City of Ripon
in connection with the Terraces at
Bethany Home Project (930 W. Main
Street) and authorizes the Mayor to sign
and execute any and all documents
necessary to complete the
aforementioned transaction.

D. RESOLUTION NO. 24-39

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING A GRANT OF

EASEMENT FOR PUBLIC UTILITY

EASEMENT OF CERTAIN REAL

PROPERTY TO THE CITY OF
RIPON
This resolution accepts a Grant of a
Public Utility Easement by Bethany
Home Society of San Joaquin County for
certain real property to the City of Ripon
in connection with the Terraces at
Bethany Home Project (200 Vera Avenue
and 816 W. Main Street) and authorizes
the Mayor to sign and execute any and all
documents necessary to complete the
aforementioned transaction.

City Council Page 6 October 8, 2024

1.4. Miscellaneous Items
A. PROJECT IMPROVEMENT AGREEMENT
Ripon Reliability Project Approve and authorize the Mayor to sign the Project Improvement
Agreement between the City of Ripon
and Noosa Energy Storage, LLC
required for the development of the
Ripon Reliability Project proposed to be
located at 1302 Frontage Road (near
Flying J and the PG&E substation).

B. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

Change Order No. 15
Approve Change Order No. 15 for
electrical modifications in the not to
exceed amount of $9,295 (funding
sources: Corp Yard AB1600 Fund,
Enterprise Capital Funds, and General
Capital Fund).

C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
D. PROFESSIONAL SERVICES AGREEMENT
Condor Earth Approve and authorize the Mayor to
sign the Professional Services
Agreement with Condor Earth to
prepare a Spill Prevention, Control, and
Countermeasure (SPCC) Plan Update
for the City’s Fueling Station to include
the new Fleet Maintenance Facility and
provide the required SPCC training in
the not to exceed amount of $7,300
(funding source: General Fund).

E. COMMUNITY CENTER TENNIS COURTS
Consolidated Engineering Inc. Award the contract for the Community Center Tennis Courts to Consolidated
Engineering Inc. in the amount of
$424,697.00 and authorize staff to
proceed (funding sources: Proposition
68 Grant and Parks and Recreation
Capital Fund).

City Council Page 7 October 8, 2024
F. GRANT OF EASEMENT AND RIGHT OF WAY FOR ACCESS PURPOSES South San Joaquin Irrigation District Approve and authorize the Mayor to sign the Grant of Easement and Rightof-Way for Access Purposes with the South San Joaquin Irrigation District in
association with the Meadowood
Development Project and execute any
and all documents necessary to
complete the aforementioned
transaction.

ITEMS PULLED FROM CONSENT
RESOLUTION NO. 24-40

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

CERTIFYING THE APPOINTMENT TO

THE SAN JOAQUIN COUNTY

COMMISSION ON AGING
This resolution appoints Kate Schulenberg
to the San Joaquin County Commission on
Aging.

Mayor Zuber said there were six applicants and he interviewed all six. He said he spoke with the person who oversees the San Joaquin County Commission on Aging and learned that the Commission plays an important role in managing the State funding for Seniors, including funding for the meals at the Ripon Senior Center. Zuber said the woman he selected for the Commission will play an active role and will be responsible for communicating Ripon’s needs. Zuber said this was an educational process and that the woman who was selected is highly qualified for this position.

Motion to adopt Resolution 24-40 appointing Kate Schulenberg to the San Joaquin County Commission on Aging.

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

1.4C: JACK TONE GOLF LEASE
Sierra Golf Management, Inc Approve and authorize the Mayor to sign the Lease Agreement between the City of
Ripon and Sierra Golf Management, Inc
for the Jack Tone Golf Course.

Council Member Restuccia said he had a few concerns with the agreement as written, including the fact that the City of Ripon is not listed as an additional insured. City Administrator Werner said staff has been in contact with our insurance provider and will add the additional language to the fire and property section.

City Council Page 8 October 8, 2024
Restuccia said section 10.4A of the agreement reads that any assignment, transfer or conveyance, either at one time or from time to time, of an interest of the Operator, except as otherwise provided herein, so that the ownership interest assigned or conveyed shall equal thirty percent (30%) of the total then outstanding ownership of Operator. He said he wanted to confirm that this means the contractor must maintain 70% ownership at all time and may only sell a maximum of 30%. Vice Mayor de Graaf confirmed.

Restuccia said Exhibit D of the agreement uses the term partner in relation to the proposed contractor and the City of Ripon and he would like that taken out because this is not a partnership but a landlord/tenant relationship. City Attorney Terpstra said it was not meant to be a legal term, and can be changed.

Restuccia asked why the agreement is regulating the price of food and beverage. Werner said that language can be eliminated.

Motion to approve and authorize the Mayor to sign the Lease Agreement between the City of Ripon and Sierra Golf Management, Inc for the Jack Tone Golf Course subject to the revisions discussed by Council including adding the City of Ripon as an additional insured, remove the term “partner” from Exhibit D and eliminate language regulating the price of food and beverage.

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

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

A. SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2025 FEE UPDATE
RESOLUTION NO. 24-41

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AMENDING THE SAN JOAQUIN

COUNTY MULTI-SPECIES HABITAT

CONSERVATION AND OPEN SPACE

PLAN (SJMSCP) DEVELOPMENT FEE
This is a public hearing to consider the
Development Fee amendment (decrease)
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.

Recommended Action: Adopt the
resolution amending the San Joaquin
County Multi-Species Habitat
Conservation and Open Space Plan 2025
Development Fee.

City Council Page 9 October 8, 2024
Planning Director Zuidervaart said this is the annual public hearing to consider the Development Fee amendment decrease 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.

Zuidervaart said the San Joaquin Council of Government (SJCOG) approved the amendment to the 2025 SJMSCP Fee. He said the fees proposed for 2025 have decreased once again from the 2024 fees.

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

PUBLIC HEARING CLOSED
Vice Mayor de Graaf said the actual program is successful and the fees going down are a good thing.

Motion to adopt Resolution 24-41 amending the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan 2025 Development Fee.

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

3. ORDINANCES
Second Reading and Adoption
A. ORDINANCE NO. 929

AN ORDINANCE OF THE CITY

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

MUNICIPAL CODE
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.

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

Zuidervaart said 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 these issues of property maintenance standards would be to amend Chapter 8.16 “Nuisance” of the Ripon Municipal Code. He said the amended ordinance provides for a more streamlined and detailed method to deal with all property maintenance standards, especially weed abatement. Zuidervaart said in the proposed amendment there is a flowchart of how to maneuver through the process that will be provided to the City’s Code City Council Page 10 October 8, 2024
Enforcement staff to ensure efficiency in dealing with these nuisances.

Zuidervaart said 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.

Vice Mayor de Graaf asked if this applies to homes as well. Zuidervaart said it does.

Mayor Zuber said he hopes that staff will start earlier with weed abatement instead of waiting until they are a problem. Zuidervaart said staff hopes to start the process in March.

Zuidervaart said staff had run into some difficulties because the County had not updated their records, which caused a delay in staff tracking down property owners.

Council Member Restuccia said this helps keep our town looking nice.

Motion to waive the first reading and introduce Ordinance 929 amending Chapter 8.16 “Nuisance” of the Ripon Municipal Code providing a more streamlined process to deal with weeds, rubbish, and other property maintenance standards within the City of Ripon.

RESULT: FIRST READING [UNANIMOUS] Next: 11/12/2024 6:00 PM MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia

4. DISCUSSION ITEMS
A. RIPON GARDEN CLUB DONATION
Discussion/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).

Public Works Director Pease the Ripon Garden Club is proposing to create a memorial rose garden near the front entrance of Stouffer Hall.

Pease said 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. He said the donation includes refreshing the existing camellia plants, creating a decomposed granite walking path, and adding rose beds, benches, an arbor, fence, irrigation and additional plants.

City Council Page 11 October 8, 2024
Pease said 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. Pease said all other installation of the amenities and planting will be performed by the Ripon Garden Club. He said the Ripon Garden Club will be responsible for all pruning and groundskeeping within the garden once established, similar to the existing butterfly garden also located at Stouffer Park. Pease said 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.

Council Member Restuccia said he appreciates the offer and wanted to thank the Garden Club.

Vice Mayor de Graaf said he believes most people are unaware of the work the Garden Club does around town. His family often enjoys the Butterfly Garden.

Restuccia expressed concern about how one of the oak trees right outside Stouffer Hall is lifting the sidewalk and creating a trip hazard. Pease said staff is discussing options regarding that tree.

Council Member Barton echoed sentiments shared by Restuccia and de Graaf. He asked if the Garden Club has studied the shade pattern in the area of the proposed garden, since roses are generally a full sun plant.

Lily Cain, Ripon Garden Club, said the Garden Club has six rose master gardeners and have received input from a World Peace Rose Garden designer and are aware of the shade pattern. She said every plant has its own needs and some roses do not need full sun.

She said it has been a wonderful experience working with the City. de Graaf asked for a timeline and Cain said she would like to do it right and the Garden Club is working with the City to develop a realistic timeline.

Motion to 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.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
City Council Page 12 October 8, 2024
B. STATE REQUIRED NITRATE CONTROL PROGRAM
Discussion/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.

Public Works Director Pease said the Nitrate Control Program was approved by the Central Valley Regional Water Quality Control Board in 2018. He said the main goals include providing safe drinking water supplies, reducing nitrate impacts to groundwater, and restoring groundwater quality.

Pease said everyone who contributes nitrate to groundwater is required to comply, mainly irrigated agricultural, dairy, industrial and municipal organizations. He said the reason Ripon is a part of this program is due to the nitrate levels in the groundwater surrounding the wastewater treatment plant. He said the Program includes the entire Central Valley, from Shasta County down to Kern County. He said the region is split into sub-basins identified as either Priority 1 or Priority 2 with Ripon being a Priority 2. Pease said there are two pathway options in order to be compliant.

Pease said the sub-basins were prioritized based on the level of nitrate concentration throughout the Central Valley. He said the levels were determined through the CV-Salts program which mapped them in 2016. He said Ripon falls into the Eastern San Joaquin sub-basin which is a priority 2. Priority 1 sub-basins began this process in 2021, and requirements are the same for Priority 1 permittees and Priority 2 permittees although those in Priority 2 have slightly less of a nitrate contamination problem to deal with.

Pease said the City received the Notice to Comply in December of 2023 and were given two options: Pathway A, which is an individual permittee approach that requires immediate compliance with the nitrate groundwater standard or Pathway B, which is a collaborative effort approach where permittees can form a Local Management Zone with other permittees within the sub-basin. Pease said the decision must be made by the end of this year.

Pease described Pathway A and said staff worked with Stantec who is very familiar with the City’s wastewater treatment plant and assists with our quarterly and annual reports.

He said based on these discussions, staff anticipates the Water Board would reject a proposal for a Pathway A approach based on the current nitrate levels in the groundwater below the wastewater treatment plant. He said this would require us to update our treatment plant processes and current permit with the Water Board.

City Council Page 13 October 8, 2024
Pease said there were 27 Priority 1 permittees who applied for a Pathway A approach and only four were approved by the Water Board.

Pease said Pathway B allows a collaborative approach to form a Local Management Zone, allows for more time to reduce and eliminate nitrate contamination within the subbasin and provides cost sharing among all permittee participants joining the Local Management Zone.

Pease described the Pathway B deadlines including a Preliminary Management Zone Proposal due December 28, 2024 and Management Zone Implementation Plan due in December 2026.

Pease described the Preliminary Management Zone Proposal and Early Action Plan including an initial assessment of nitrate conditions in groundwater, identifying impacted public water supplies/domestic wells, identifying existing nitrate management practices, providing education and free well testing and providing free bottled water to those with nitrate above acceptable levels.

Pease described the Final Management Zone Proposal and Management Zone Implementation Plan saying once approved by the Water Board, implementation will begin in December 2026. He said this is a more comprehensive plan detailing the characterization of nitrates in the groundwater. He said this provides a work plan for emergency and long-term drinking water solutions, a nitrate reduction program and aquifer restoration program, and a detailed monitoring plan.

Pease said the cost sharing brings fees to a manageable number over the next couple of years, but the real question will come into play with the development of the plans and determining what modifications will need to be made to our practices at the City wastewater treatment plant and when these practices will need to be implemented. Pease said if, or when, we do meet the nitrate compliance standards for our discharge we would no longer be required to participate in the program. He said staff’s recommendation is to move forward with Pathway B, join the Local Management Zone, sign the agreement with Valley Water Collaborative and pay the annual fee of $2,500.

Mayor Zuber asked for confirmation that our share of the fee is $2,500. Pease confirmed this.

Vice Mayor de Graaf asked how the Central Valley Regional Water Quality Control Board is structured regarding decision-making. Pease said this is his biggest worry and staff will continue to update Council.

Council Member Barton asked if the eventual connection to South San Joaquin Irrigation District will help mitigate some of the concern because the water received will be lower in nitrates. Pease said it might be part of the solution but as long as we are contributing with the wastewater plant, the City will be part of the plan.

City Council Page 14 October 8, 2024
de Graaf asked if there is an option to leave the Program if it does not work out. City Attorney Terpstra said the City can leave the Program, but the City would have to immediately comply with the Pathway A requirements.

Motion to 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.

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

REPORTS
Department Heads:

Chief Sauer said there is an Area of Responsibility (AOR) meeting for Area 4 at 7:00 PM in the Emergency Operations Center November 6, 2024.

Planning Director Zuidervaart said there is Planning Commission meeting on Monday, October 14, 2024 to take care of some housekeeping items and review an application for a small RV storage facility project.

Public Works Director Pease said September water usage was down 12% from 2013 numbers and up 5% from last year’s number. He said the Water Conservation Coordinator made 97 contacts of which 38 for excessive runoff and 43 for wrong day/wrong time violations.

Pease said the Annual Brush Pick-Up Program starts October 15 and will run through January 7.

City Council:

Council Member Barton said he wanted to thank the Garden Club for their donation.

Barton said he appreciates the attendance of the newest member of the San Joaquin County Commission on Aging.

Barton said he wanted to encourage everyone to vote in the upcoming election. He believes our freedoms and liberties are on the ballot this year.

Council Member Restuccia said he met with Kevin Lincoln and the speaker of the house, Mike Johnson, who traveled 270 plus cities, and said both of them are encouraged by what they are seeing and hearing.

Vice Mayor de Graaf thanked everyone for attending and wanted to remind the community that Main Street Day is October 19, 2024.

City Council Page 15 October 8, 2024
de Graaf said he participated in the Community garage sale and said it was a success for him.

There being no further business, the meeting was adjourned at 6:50 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, SEPTEMBER 10, 2024 – 6:00 PM

REGULAR MEETING
CLOSED SESSION AT 5:15 PM
CLOSED SESSION: The closed session meeting was called to order at 5:15 PM.

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

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

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

Return to open session.

City Attorney Terpstra said Council met in closed session to discuss upcoming health and welfare renewals, pending litigation and property negotiations, staff was given direction and no reportable action was taken.

PLEDGE OF ALLEGIANCE:

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

INVOCATION:

Pastor Glenn Gerdes gave the invocation.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Sep 10, 2024 6:00 PM (Approval of Minutes) City Council Page 2 September 10, 2024
ROLL CALL:

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

PUBLIC DISCUSSION:

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

APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council meeting of August 13, 2024 and the Special City Council Meeting of August 20, 2024.

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

1. CITY COUNCIL - REGULAR MEETING - AUG 13, 2024 6:00 PM

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

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

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
1 Packet Pg. 17
Minutes Acceptance: Minutes of Sep 10, 2024 6:00 PM (Approval of Minutes) City Council Page 3 September 10, 2024

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

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

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

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

TOTAL $18,556.25
B. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #33954 $23,000.00
1 Packet Pg. 18
Minutes Acceptance: Minutes of Sep 10, 2024 6:00 PM (Approval of Minutes) City Council Page 4 September 10, 2024
C. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
July 2024 Invoice #AR115077 $2,264.99
D. US BANK
California Statewide Community Development Authority
Water and Wastewater Revenue Bonds Series 2006C $428,500.66 E. US BANK
California Statewide Community Development Authority
Water Revenue Refunding Bonds Series 2012 $261,278.13
F. ITEM F WAS MOVED TO ITEMS PULLED FROM CONSENT
G. DIEDE CONSTRUCTION, INC.

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

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

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

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

South County Water Connection Project
Progress Payment – Invoice #52558 $1,907.40
L. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment – Invoice #02455 $2,213.54
1 Packet Pg. 19
Minutes Acceptance: Minutes of Sep 10, 2024 6:00 PM (Approval of Minutes) City Council Page 5 September 10, 2024

1.3. Resolutions
A. RESOLUTION NO. 24-36

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

ACCEPTING A GRANT OF

EASEMENT FOR PUBLIC UTILITY

EASEMENT OF CERTAIN REAL

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

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

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

B. FLEET MAINTENANCE FACILITY PROJECT
Diede Construction, Inc.

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

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

C. PERCOLATION POND RESTORATION CONTRACT
Triple M Enterprises, Inc. Approve and authorize the Mayor to sign the contract with Triple M
Enterprises, Inc. to perform restoration
work at the Waste Water Treatment
Plant disposal ponds, in the not to
exceed amount of $60,000 (funding
source: Sewer Enterprise Capital Fund).
1 Packet Pg. 20
Minutes Acceptance: Minutes of Sep 10, 2024 6:00 PM (Approval of Minutes) City Council Page 6 September 10, 2024
D. SHORT RANGE TRANSIT PLAN
LSC Transportation Consultants, Inc. Approve and authorize the Mayor to sign the Professional Services
Agreement with LSC Transportation
Consultants, Inc. to prepare the Ripon
Short Range Transit Plan in the amount
of $72,220 (funding source: Federal
Transit Administration Section 5311
grant).

E. GRAND JURY RESPONSE
Grand Jury Report No. 0318 - Second
Look: 2018-19 Cold Cases in San
Joaquin County
Approve and authorize the Mayor to
sign the letter of response to the findings
and recommendations of Grand Jury
Case No. 0318 for Superior Court of
California, County of San Joaquin
regarding, “Second Look: 2018-2019
San Joaquin County Civil Grand Jury
Report Cold Cases in San Joaquin
County: On the Back Burner Case”.

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

ITEMS PULLED FROM CONSENT

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

Restuccia left the meeting.

Motion to approve Item 1.2F Bank of Stockton Invoice.

RESULT: ADOPTED AS AMENDED [4 TO 0]
MOVER: Gary Barton, Council Member
SECONDER: Daniel de Graaf, Vice Mayor
AYES: Zuber, de Graaf, Barton, Uecker
ABSTAIN: Restuccia
Restuccia returned to the meeting.
**END OF CONSENT CALENDAR**
1 Packet Pg. 21
Minutes Acceptance: Minutes of Sep 10, 2024 6:00 PM (Approval of Minutes) City Council Page 7 September 10, 2024

2. ORDINANCES
Second Reading and Adoption
A. ORDINANCE NO. 928

AN ORDINANCE OF THE CITY

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

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

City Administrator Werner said this ordinance amends Chapter 17.16 Real Property Development Fees of the Ripon Municipal Code to exempt utilities from paying the Plan Check Fee, Inspection Fee, and GIS Fee for utility owned infrastructure that is installed in the public right-of-way.

Motion to waive the second reading and adopt Ordinance 928 amending Chapter 17.16 Real Property Development Fees of the Ripon Municipal Code providing updates to the encroachment fee structure for utility companies.

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

REPORTS
Department Heads:

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

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

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

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

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

Public Works Director Pease said August water usage was down 13% from 2013 numbers and up 5% from last year’s number. He said the Water Conservation Coordinator made 70 contacts and 50 of those were for wrong day/wrong time violations. 1 Packet Pg. 22
Minutes Acceptance: Minutes of Sep 10, 2024 6:00 PM (Approval of Minutes) City Council Page 8 September 10, 2024
Pease said the Recycling Center has new hours and is now open Tuesday through Friday 8:00 AM to 3:00 PM and will be accepting a greater variety of electronic waste.

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

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

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

City Council:

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

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

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

There being no further business, the meeting was adjourned at 6:14 PM. (Signed) Leo Zuber
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 23
Minutes Acceptance: Minutes of Sep 10, 2024 6:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 24
Attachment: 2024 07 advance (4403 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2400024 and 2400024AIssue Date: September 4, 2024Fiscal Year: 2024-2025Collection Period: July 24, 2024 - August 23, 2024Description: Streets and Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Kae Saeteurn at 916-252-6221 or at [email protected].

City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107 Snow
(Included in Section
2107 Amount) Section 2107.5 Gross Claim
Withheld/Return of
Funds due to
Delinquent Annual
Street Report Payment Amount Year To Date
Ripon City Treasurer 15,988 $17,881.93 $8,481.56 $5,826.66 $9,733.54 $0.00 $0.00 $41,923.69 $0.00 $41,923.69 $86,818.19

1.1.A.b
Packet Pg. 25
Attachment: fy2425_08hwycityra (4403 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2400035 and 2400035A
Issue Date: September 20, 2024
Fiscal Year: 2024-2025
Collection Period: August 01, 2024 - August 31, 2024
Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.

For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].

City Population Payment Amount
Eligibility Withheld
Amount Total Year To Date
Ripon City Treasurer 15,988 $36,107.55 $0.00 $36,107.55 $36,107.55 1 of 1

1.1.A.c
Packet Pg. 26
Attachment: rmra_cities_remit_2425_sept24 (4403 : State of California)

1.1.B.a
Packet Pg. 27
Attachment: CCATT (4406 : CCATT Holdings)

1.1.C.a
Packet Pg. 28
Attachment: Waste Management - July (4405 : Waste Management)

1.1.C.a
Packet Pg. 29
Attachment: Waste Management - July (4405 : Waste Management)

1.1.C.b
Packet Pg. 30
Attachment: Waste Management - August (4405 : Waste Management)

1.1.C.b
Packet Pg. 31
Attachment: Waste Management - August (4405 : Waste Management) Invoice
Date
9/25/2024
Invoice #
384
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
Review and send comments and advice to client re
groundwater and nitrate issues; review and advise re
tower lease.
9/3/2024 THT 325.00 2.75 893.75
Review and exchange emails on Opioid Settlement
and City’s potential participation on same.
9/8/2024 THT 325.00 3 975.00
Review and discuss nitrate control plan proposal,
discuss with Pease; Review professional service
contracts, discuss and emails;, work on agenda items.
9/9/2024 THT 325.00 4.5 1,462.50
Agenda review with client, review status of golf
course lease, attend Council meeting and closed
session, review professional service agreements and
advise.
9/10/2024 THT 325.00 4.5 1,462.50
Review and comment on Engie PIA, discuss with
client.
9/10/2024 THT 325.00 2.25 731.25
Review and draft notes on staff report, scoring
process on golf course lease; discuss with client;
review and discuss River Road/N. Ripon project
status and schedule.
9/12/2024 THT 325.00 2 650.00
Conference with client to review settlement
parameters and terms, follow up on responses and
bidders in golf course lease , discuss potential
changes to previous form of lease; work on revisions
to same.
9/13/2024 THT 325.00 4.5 1,462.50
Telephone conference with client re pending task list
items; review SIA for Lennar project, calls, emails to
and from Ogden, client.
9/16/2024 THT 325.00 3.25 1,056.25
9/16/2024 THT Emails, letter re North Ripon project. 325.00 2 650.00 Review and discuss Engie SIA, revisions; calls and
emails regarding audit letter, further calls re Liberty project, call to Hansen and follow up with client.
9/17/2024 THT 325.00 4.75 1,543.75
Research regarding potential liability for imposing
impact fees, advise client re same; further work on
golf course lease extension, discuss new language
with client.
9/23/2024 THT 325.00 4.5 1,462.50

Page 1 ends

1.2.A.a
Packet Pg. 32
Attachment: City Invoices - September (4411 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2024
Invoice #
384
Bill To
City of Ripon - General
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-003
Total
Date Attorney Description Rate Hours Amount
9/24/2024 THT Work on audit letter, emails re same; brief review of 325.00 1 325.00 mobile home policies from County.

Further review and discussion of proposed mobile
home ordinance; calls to and from County Planning
Director; discuss with client
Neumiller & Beardslee's Invoice Number 349902
(Paid in full by The Law Office of Thomas H.

Terpstra).
9/25/2024 THT 325.00 3.5 1,137.50

Page 2 ends

$14,600.50
840.00 840.00 8/30/2024

1.2.A.a
Packet Pg. 33
Attachment: City Invoices - September (4411 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2024
Invoice #
385
Bill To
City of Ripon - Police Dept.

Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-004
Total
Date Attorney Description Rate Hours Amount
Neumiller & Beardslee's Invoice Number 349902
(Paid in full by The Law Office of Thomas H.

Terpstra).
8/30/2024 1,060.00 1,060.00
$1,060.00

1.2.A.a
Packet Pg. 34
Attachment: City Invoices - September (4411 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2024
Invoice #
386
Bill To
City of Ripon - Meadowood - Private Development
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084-212
Total
Date Attorney Description Rate Hours Amount
Further review and discussion of developer’s
proposed reimbursement agreement, email to
attorney re same.
9/23/2024 THT 425.00 1.5 637.50
$637.50

1.2.A.a
Packet Pg. 35
Attachment: City Invoices - September (4411 : Law Office of Thomas H. Terpstra) Invoice
Date
9/25/2024
Invoice #
389
Bill To
City of Ripon - Fire District Coordination
Kevin Werner
259 N. Wilma Avenue
Ripon, CA 95366
Law Office of Thomas H. Terpstra
P.O. Box 446
Ripon, CA 95366
Tel: (209) 483-1387
Email: [email protected]
Matter #
1084 - 408
Total
Date Attorney Description Rate Hours Amount
Meetings with client, Fire District, discuss outcome if 218 election and next.

Neumiller & Beardslee's Invoice Number 349902
(Paid in full by The Law Office of Thomas H.

Terpstra).
8/28/2024 THT 325.00 2.25 731.25
$1,651.25
8/30/2024 920.00 920.00

1.2.A.a
Packet Pg. 36
Attachment: City Invoices - September (4411 : Law Office of Thomas H. Terpstra)

SAN JOAQUIN REGIONAL

TRANSIT DISTRICT
421 E Weber Avenue Invoice Date: 9/25/2024
Stockton, CA 95202 Terms: Due upon receipt
Phone (209) 948-5566 Federal ID#: 94-1563999
To: CITY OF RIPON
ATTN: CARLA RODRIGUEZ
259 N. WILMA AVE.,
RIPON, CA 95366
Trans Date Quantity Unit Cost Amount
8/31/2024 AUGUST 2024 37.67 65.50 2,467.39
TAX 0.00
Total Due 2,467.39
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - Invoice Number: AR115103
Please make checks payable to: Customer Number: C01524
Terms: Due upon receipt
SAN JOAQUIN RTD Total Amount Due $ 2,467.39
421 E Weber Avenue
Stockton, CA 95202
Total Payment $ ____________________

INVOICE
Invoice Number: AR115103
Customer Number: C01524
Description

PLEASE RETURN THIS PORTION WITH YOUR PAYMENT

1.2.B.a
Packet Pg. 37
Attachment: Invoice AR115103_SJRTD (4414 : SJRTD)

1.2.C.a
Packet Pg. 38
Attachment: Invoice Extra Hours Ripon FY2025 (4186 : City of Stockton) MEMO
To: Honorable City Council
From: Director of Recreation, Kye Stevens
Date: September 26, 2024
Subject: Ripon Aquatic Center Invoice – 2023-24
RECOMMENDED ACTION:

Approve the current invoice in the amount of $44,874.69 representing the City of Ripon’s half of operating the Ripon Aquatic Center for Fiscal Year 2023-24.

BACKGROUND:

The City of Ripon and the Ripon Unified School District (RUSD) have a joint powers agreement in place to operate and share costs (50/50) for the Ripon Aquatic Center.

DISCUSSION/ANALYSIS:

The following table summarizes the City of Ripon’s share of operating expenses and income for fiscal years 2022-23 and 2023-24:

Description 2022-23 2023-24 Difference % Change
Salaries and Benefits $24,037.72 $20,943.16 -$3,094.56 -13% Materials and Supplies $18,334.93 $25,488.76 $7,153.83 39% Services and Repairs $34,914.86 $45,940.79 $11,025.93 32% Total Expenses $77,287.51 $92,372.71 $15,085.20 20%
Income $35,076.91 $47,498.02 $12,421.11 35%
Total Ripon Share $42,210.60 $44,874.69 $2,664.09 6%
Salaries and Benefits: The Aquatic Center Director’s salary, custodian salaries, lifeguards and instructors are charged to this account. The decrease in this account is the result of less hours worked at the Aquatic Center for 2023-24.

Materials and Supplies: This includes pool chemicals and supplies. Inflation is the major cause of the increase for swimming pool chemicals and supplies.

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

1.2.D.a
Packet Pg. 39
Attachment: Pool Invoice Staff Report 23-24 (4407 : Ripon Unified School District Pool Operations) Services and Repairs: This includes pool parts, pool plumbing, pool service, testing, repair service, operating fees for the cogen plant, City of Ripon water fees and PG&E electric service.

An increase in the cost of parts needed and services needed for this fiscal year and higher inflation costs are the reason for the increase in the swimming pool services and repairs.

Income: The City’s share of Income for FY 2023-24 increased by 35% from the previous year with the Aquatic Center fully reopened and maximizing income after the Covid-19 lockdowns.

There has been increased programming at the facility as well as an increase in some user fees.

Programs that were previously impacted saw increases in revenue now that the facility has been fully reopened. Swim programs offered include open swim, swim lessons, sea lions swim, club swim and club water polo programs.

FISCAL IMPACT:

The invoice balance due in the amount of $44,874.69 will be paid out of the City’s general fund.

1.2.D.a
Packet Pg. 40
Attachment: Pool Invoice Staff Report 23-24 (4407 : Ripon Unified School District Pool Operations) (209)599-2131 FAX (209)599-6271
Ripon Unified School District
304 North Acacia Avenue
Ripon, CA 95366
Business Services Revolving

CUSTOMER INVOICE
Direct any questions to the Business Services Revolving at (209)599-2131 Customer # 000028
Invoice # ARR24-00132
Invoice Date 08/07/2024
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Due Date
Contract/Reference #
Contact Kye Stevens
2023-2024 50% Pool
Description Qty Unit Unit Price Amount
Salaries .50 37,259.87 18,629.94
Benefits .50 4,626.44 2,313.22
Materials and Supplies .50 50,977.51 25,488.76
Services and Repairs .50 91,881.58 45,940.79
2023-2024 Income .50 94,996.04- 47,498.02-
Non-Taxable Total 44,874.69
BALANCE DUE $44,874.69
01- 0011- 0- 0000- 0000- 8689- 000- 0000
District Account Number Account Amount
2024 44,874.69
-----------------------------Detach this portion or make a copy of the invoice and mail it with the payment----------------------------- Please make checks payable to: Ripon Unified School District/Business Services Revolving Customer # 000028
Amount Due $44,874.69
Mail to: Invoice # ARR24-00132
Ripon Unified School District
Business Services Revolving
304 North Acacia Avenue
Ripon, CA 95366
Business Services Copy

1.2.D.b
Packet Pg. 41
Attachment: Aquatics Center Billing 2023-2024 (4407 : Ripon Unified School District Pool Operations) Aquatics Center Summary 2023/2024
Benefits $ 4,626.44
Materials
and
Supplies
$ 50,977.51
Services
and
Repairs
$ 91,881.58
Summary
Expenditures
Salaries (Object 2xxx) $ 37,259.87
Benefits (Object 3xxx) $ 4,626.44
Materials and Supplies (Object 4xxx) $ 50,977.51
Services and Repairs (Object 5xxx) $ 91,881.58
Total $ 184,745.40
Revenues
Total $ 94,996.04
Total Expenses $ 184,745.40
Total Revenues $ 94,996.04
Net $ 89,749.36
50% Billed to City of Ripon $ 44,874.68
Category PO # Comment Vendor Name Account Number Fiscal Year Paid Totals Salaries $ 37,259.87
Direct Pay Benefits Benefits 01-0011-0-8100-5100-3***-859-0000 2024 $ 4,626.44 PO24-00238 Pool Chemicals Knorr Systems Inc. 01-0011-0-8100-5100-4300-859-0000 2024 $ 40,852.44 PO24-00258 Pool Supplies Strand Ace Hardware Inc 01-0011-0-8100-5100-4300-859-0000 2024 $ 139.00 PO24-00342 Pool Supplies Abe's Discount Plumbing & Electric 01-0011-0-8100-5100-4300-859-0000 2024 $ 9,986.07 PO24-00240 Pool Parts and Repairs Knorr Systems Inc. 01-0011-0-8100-5100-5680-859-0000 2024 $ 17,936.86 PO24-00220 Pool Signs Economy Signs 01-0011-0-8100-5100-5800-859-0000 2024 $ 50.00 PO24-00200 Pool Supplies SYNCB-AMAZON 01-0011-0-8100-5100-5800-859-0000 2024 $ 17.92 PO24-00232 Pool Plumbing Repairs and Service Johnny's Plumbing 01-0011-0-8100-5100-5800-859-0000 2024 $ 1,237.30 PO24-00240 Pool Parts and Repairs United Parcel Service 01-0011-0-8100-5100-5800-859-0000 2024 $ 12.09 PO24-00239 Pool Service Knorr Systems Inc. 01-0011-0-8100-5100-5800-859-0000 2024 $ 17,741.91 PO24-00251 Annual Fees for Cogen Plant San Joaquin Valley 01-0011-0-8100-5100-5800-859-0000 2024 $ 394.00 PO24-00267 Mandatory Testing/Service & Repair on Cogen Valley Air Conditioning/Repair 01-0011-0-8100-5100-5800-859-0000 2024 $ 22,428.80 Direct Payment Life Guards Zador Aquatics 01-0011-0-8100-5100-5800-859-0000 2024 $ 448.00 Direct Payment Pool Water/Sewage City Of Ripon 01-0011-0-8100-5100-5800-859-0000 2024 $ 6,072.90 Direct Pay Salaries Salaries 01-0011-0-8100-5100-2200-859-0000 2024 $ 37,259.87 Direct Payment 2023-24 Electric Service PG & E 01-0011-0-8100-8200-5520-859-0000 2024 $ 25,541.80

1.2.D.b
Packet Pg. 42
Attachment: Aquatics Center Billing 2023-2024 (4407 : Ripon Unified School District Pool Operations) A
quaticsCenterRevenues
Receipt#ReceivedReceiptAmtCustomerNameReceiptTypeComment CRR24-0000437/20/2023$1,000.00RiponAquaticCenterC{Check}Rent-June2023 CRR24-0000447/20/2023$1,000.00RiponAquaticCenterC{Check}Rent-July2023 CRR24-0001338/23/2023$48,446.04RiponAquaticCenterM{MixedCash&Check}SwimLessons/Publicswim2023 CRR24-00036211/13/2023$1,000.00RiponAquaticCenterC{Check}Rent-August2023 CRR24-00036311/13/2023$1,000.00RiponAquaticCenterC{Check}Rent-Sept2023 CRR24-00036411/13/2023$1,000.00RiponAquaticCenterC{Check}Rent-Oct2023 CRR24-00036511/13/2023$1,000.00RiponAquaticCenterC{Check}Rent-Nov2023 CRR24-0005351/23/2024$8,500.00RiponCommunitySwimTeam, Inc. C{Check}2023Pool UseFees CRR24-0005361/23/2024$8,000.00RiponCommunitySwimTeam, Inc. C{Check}2022Pool UseFees CRR24-0005431/26/2024$2,000.00RiponAquaticCenterC{Check}Rent-Dec2023 CRR24-0005882/12/2024$7,500.00RiponCommunitySwimTeam, Inc. C{Check}2021Pool UseFees CRR24-0005892/12/2024$9,550.00RiponCommunitySwimTeam, Inc. C{Check}2019Pool UseFees CRR24-0006643/13/2024$2,000.00RiponAquaticCenterC{Check}Rent-January2024 CRR24-0006653/13/2024$2,000.00RiponAquaticCenterC{Check}Rent-February2024 CRR24-0006663/13/2024$1,000.00RiponAquaticCenterC{Check}Rent-March2024 $94,996.04

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Attachment: Aquatics Center Billing 2023-2024 (4407 : Ripon Unified School District Pool Operations) Please make check payable to CSJVRMA and remit payment to the above address.

Delinquent amounts shall be assessed at the rate of 1.5% per month simple interest computed daily.

CSJVRMA ACCEPTS ELECTRONIC PAYMENTS
To obtain ACH/wiring instructions, please contact Jim Elledge, Finance Manager.

[email protected] ~ (916) 244-1124 (Direct)

CSJVRMA INVOICE
1750 Creekside Dr Invoice #: INV0117
Suite 200 Invoice Date: 09/13/2024
Sacramento, CA 95833 Due Date: 10/28/2024

Bill To:

CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366
United States
2024/25 2nd Quarter Invoice
Description Amount
2nd Quarter Workers' Compensation Program $174,816.00
2nd Quarter Liability Program $128,694.00
Amount Due $303,510.00

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Attachment: CSJVRMA - INV0117 (4413 : CSJVRMA 2024/2025 2nd Quarter) PC

CONSULTING

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

BILLING INVOICE
_________________________________________________________________ To City Administrator Date 4/20/24
City of Ripon Invoice # 240409
259 N. Wilma Avenue
Ripon, CA 95366 Due: Net 30
Re City of Ripon
Period 3/1/24 to 3/31/24
_________________________________________________________________ Fees: $1,000.00
Expenses: $0
SubTotal: $1,000.00
Amount due: $1,000.00
MAKE ALL CHECKS PAYABLE TO: PATRICK CLARK CONSULTING.

THANK YOU FOR YOUR BUSINESS!!!

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Attachment: Patrick Clark Invoice #240409 (4428 : Patrick Clark Consulting)

DETAILS
Date Hours
_________________________________________________________________________ March 4h
_________________________________________________________________________ 3/18/24 4h
Negotiations POA & RSA, travel
_________________________________________________________________________ _________________________________________________________________________ Totals 4h
$1,000.00

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Attachment: Patrick Clark Invoice #240409 (4428 : Patrick Clark Consulting) PC

CONSULTING

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

BILLING INVOICE
_________________________________________________________________ To City Administrator Date 9/7/24
City of Ripon Invoice # 240905
259 N. Wilma Avenue
Ripon, CA 95366 Due: Net 30
Re City of Ripon
Period 8/1/24 to 8/31/24
_________________________________________________________________ Fees: $62.50
Expenses: $0
SubTotal: $62.50
Amount due: $62.50
MAKE ALL CHECKS PAYABLE TO: PATRICK CLARK CONSULTING.

THANK YOU FOR YOUR BUSINESS!!!

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Attachment: Patrick Clark Invoice #240905 (4428 : Patrick Clark Consulting)

DETAILS
Date Hours
_________________________________________________________________________ August 15m
_________________________________________________________________________ 8/4/24 15m
Miscellaneous correspondence, telephone calls.
_________________________________________________________________________ _________________________________________________________________________ Totals 15m
$62.50

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Attachment: Patrick Clark Invoice #240905 (4428 : Patrick Clark Consulting)

1.2.G.a
Packet Pg. 49
Attachment: Price Paige (4412 : Price Paige & Company)

1.2.H.a
Packet Pg. 50
Attachment: Associated Pension Consultants (4408 : Associated Pension Consultants)

1.2.H.a
Packet Pg. 51
Attachment: Associated Pension Consultants (4408 : Associated Pension Consultants)

1.2.I.a
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Attachment: Banc of America WasteWater payment (4404 : Banc of America - 2011 Waste Water Bonds)

1.2.I.a
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Attachment: Banc of America WasteWater payment (4404 : Banc of America - 2011 Waste Water Bonds)

1.2.I.a
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Attachment: Banc of America WasteWater payment (4404 : Banc of America - 2011 Waste Water Bonds) CONTRACTOR: Diede Construction, Inc.

PROJECT: Fleet Maintenance Facility
PROJECT DESCRIPTION:

INVOICE NO: 19
DATE: 9/30/2024
ORIGINAL CONTRACT AMOUNT: $11,156,000.00 PREVIOUSLY BILLED AMOUNT: $11,854,406.87 LESS RETENTION: $592,720.34
APPROVED CONTRACT CHANGES: $751,366.50 PREVIOUSLY PAID AMOUNT: $11,261,686.53 CURRENT INVOICED AMOUNT: $25,514.00
LESS RETENTION: $1,275.70
TOTAL CONTRACT AMOUNT: $11,907,366.50 CURRENT AMOUNT DUE: $24,238.30 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $11,879,920.87 LESS RETENTION: $593,996.04
TOTAL PAID TO DATE: $11,285,924.83

INVOICE SUMMARY

TOTAL PROGRESS
Remaining Contract Amount: $27,445.63
Approx. % Complete: 99.8%
Work completed included HVAC start ups and air balancing, electrical modifications, and the addition of rubber base board.

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

CONTRACT INFORMATION BILLING INFORMATION

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Attachment: Invoice 19_Diede Construction (4415 : Diede Construction, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
3163 - Arc Way Gas Station
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52563
DATE 08/01/2024
DUE DATE 08/31/2024
TERMS Net 30

PROJECT
Ripon Arc Way Station CEQA

PERIOD DESCRIPTION QTY RATE AMOUNT
05/07/2024 Traffic,
$7,200.00 +
10% markup
1 7,920.00 7,920.00
07/31/2024 Principal 3.25 225.00 731.25
07/31/2024 Senior
Environmental
Planner

3.50 180.00 630.00
07/31/2024 WP and
Graphics

3.50 125.00 437.50
Services through the invoice date. Services
involved continuing work on the CEQA document,
management of subcontractor and subcontractor
services.Thank you. We appreciate your business.

BALANCE DUE $9,718.75
K. Zuidervaart
9/23/2024

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Attachment: Invoice 52563_BaseCamp Environmental, Inc. (4401 : BaseCamp Environmental, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
3163 - Arc Way Gas Station
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52627
DATE 09/01/2024
DUE DATE 10/01/2024
TERMS Net 30

PROJECT
Arc Way Station CEQA

PERIOD DESCRIPTION QTY RATE AMOUNT
08/31/2024 Principal 0.50 225.00 112.50
08/31/2024 Senior
Environmental
Planner

0.50 180.00 90.00
Services through the invoice date. Continuing work
on CEQA analysis. Thank you. We appreciate your
business.

BALANCE DUE $202.50
K. Zuidervaart
9/23/2024

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Attachment: Invoice 52627_BaseCamp Environmental, Inc. (4401 : BaseCamp Environmental, Inc.)

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Attachment: Invoice 64357_Harris & Associates (4422 : Harris & Associates) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52622
DATE 09/01/2024
DUE DATE 10/01/2024
TERMS Net 30

PROJECT
South County Water Project
3139 - Ripon Water Lines

PERIOD DESCRIPTION QTY RATE AMOUNT
05/22/2024 GIS Analyst,
$100.00 +
10% markup
1 110.00 110.00
08/31/2024 Senior
Environmental
Planner

2.50 180.00 450.00
Services through the invoice date. Thank you. We
appreciate your business.

BALANCE DUE $560.00

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Attachment: INVOICE 52622_BaseCamp Environmental, Inc. (4423 : BaseCamp Environmental, Inc.) FEC, INC.
102 Light Ct
Folsom, CA 95630
Invoice

BILL TO
BaseCamp Environmental, Inc.
115 S School St, Suite 14
Lodi, CA 95240
INVOICE # DATE TOTAL DUE TERMS ENCLOSED
00905 05/22/2024 $100.00 Net 30

DATE ACTIVITY QTY AMOUNT
05/22/2024 GIS Analyst
Ripon Water Supply Pipeline -
Figures
1:00 100.00
MAKE ALL CHECKS PAYABLE TO:

FEC Inc.

DIRECT ALL INQUIRIES TO:
(916) 817-0429
email: [email protected]
BALANCE DUE $100.00

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Attachment: INVOICE 52622_BaseCamp Environmental, Inc. (4423 : BaseCamp Environmental, Inc.)

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Attachment: Invoice 30630_WGR (4430 : WGR Southwest, Inc.) Invoice Summary
Description Amount
Trash Implementation Plan $952.50
Description Total Budget Remaining
Budget ($)
Total Billed ($) Prior Billing ($) This Invoice
($)
Trash Implementation Plan $19,500.00 $5,435.76 $14,064.24 $13,111.74 $952.50 BUDGET TOTALS $19,500.00 $5,435.76 $14,064.24 $13,111.74 $952.50 TOTAL AMOUNT DUE $952.50
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 10/1/24
Due Date: 10/31/24
Total Amount: $952.50
Number: 02471
Invoice Period: 09/01/24 - 09/30/24
Terms: Net 30
Project Code: 045
WalletLink Pay Invoice
James Pease
10/8/24

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Attachment: 2024.10.01 Invoice (4431 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Professional Fees
Aleida
Hernan
dez
9/19/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Data entry. 1.25 $85.00 $106.25
Aleida
Hernan
dez
9/18/2
4 Administration
Assistance -
Billable
Trash
Implementation Plan
Field Forms 0.25 $85.00 $21.25
Aleida
Hernan
dez
9/3/24 Administration
Assistance -
Billable
Trash
Implementation Plan
Invoicing. 1.00 $85.00 $85.00
Administration Assistance - Billable 2.50 $212.50
Colleen
Hunt
9/19/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Review and update field forms;
internal communication on tasks.

0.50 $185.0
0 $92.50
Colleen
Hunt
9/18/2
4 Technical
Professional
Services II
Trash
Implementation Plan
Review assessments;internal
communications on tasks.

1.00 $185.0
0 $185.00
Colleen
Hunt
9/3/24 Technical
Professional
Services II
Trash
Implementation Plan
Meet with client to review data,
provide options for compliance.

Build additional site assessments in
the industrial area; client
communication on task.

2.50 $185.0
0 $462.50
Technical Professional Services II 4.00 $740.00
Professional Fees 6.50 $952.50
TOTAL FEES/EXPENSES -- $952.50
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 10/1/24
Due Date: 10/31/24
Total Amount: $952.50
Number: 02471
Invoice Period: 09/01/24 - 09/30/24
Terms: Net 30
Project Code: 045
WalletLink

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Attachment: 2024.10.01 Invoice (4431 : Stone Creek Environmental Consulting) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/08/2024
Subject: 2025 Health and Welfare Plan for City Council and Employees RECOMMENDED ACTION:

Staff is recommending the City Council approve the attached resolution, which is summarized below:

1. Provide the following health and welfare plans to all City employees and Council Members during calendar year 2025:
• Kaiser Healthcare
• CSAC Blue Shield Healthcare
• Humana Dental
• VSP-Sunlife Vision
• Sunlife Life Insurance
• Sunlife Long-term Disability

2. For Administrative Staff, Council Members, and Non-represented Police Department employees1participating in the Blue Shield healthcare plan for calendar year 2025, the City and plan participant are to share in the premium increase above the premium maximum of $2,050.

3. For Administrative Staff, Council Members, and Non-represented Police Department employees1participating in the Kaiser healthcare plan for calendar year 2025, the City and plan participant are to share in the premium increase above the premium maximum of $2,050.

4. For calendar year 2025, the City will continue reimbursing Administrative Staff, Council Members, and Non-represented Police Department employees1participating in the Blue Shield healthcare plan for 100 percent of the deductible cost. Also, the City will

1 The negotiated Memorandum of Understanding for each represented group includes the same benefit.

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reimburse these plan participants for co-insurance cost after $2,000 is paid by the plan participant.

BACKGROUND/DISCUSSION:

Relation Insurance Group (formerly named Bohannon’s) has received renewal quotes for the City provided health and welfare plans for calendar year 2025.

Annual Cost Summary
Below is comparison of the calendar year 2024 health and welfare annual premium cost to the 2025 renewal quotes received:

Table 1 -- Annual Premium Renewal Summary
Plan 2024 2025 % Change
Kaiser Healthcare $1,107,415 $1,222,543 10.4%
CSAC Blue Shield Healthcare $778,432 $811,236 4.2%
Humana Dental $87,202 $87,202 n/c
VSP-Sunlife Vision $17,065 $17,065 n/c
Sunlife Life Insurance/LTD $25,992 $25,992 n/c
Total $2,016,106 $2,164,038 7.3%
Employee Monthly Premium Responsibility
As of January 1, 2015, the City and employees began sharing in premium increases above a defined baseline premium. For calendar year 2023, the baseline premium was increased to $1,850 and $1,755 per month for Kaiser and Blue Shield participants, respectively. For calendar year 2024, the baseline premium was increased to $2,050 and $2,050 per month for Kaiser and Blue Shield participants, respectively.

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The following table summarizes the changes to the employee monthly contribution to the premiums from calendar year 2024 to 2025.

Table 2 -- Summary of Monthly Premiums

CATEGORY
2024
PREMIUM b
2025
PREMIUM b

EMPLOYEE

RESPONSIBILITY
CITY

RESPONSIBILITY
Employees w/ Blue Shield Plan a
Employee Only $962.09 $1,001.23 $0 $1,001.23
Employee + Spouse $1,926.71 $2,004.99 $0 $2,004.99
Employee + Children $1,940.50 $2,018.78 $0 $2,018.78
Employee + Family $2,537.85 $2,638.79
$294.40
(2024: $243.92)
)
$2,344.39
Employees w/ Kaiser Plan
Employee Only $822.61 $904.06 $0 $904.06
Employee + Spouse $1,800.32 $1,979.49 $0 $1,979.49
Employee + Children $1,657.42 $1,820.30 $0 $1,820.30
Employee + Family $2,486.09 $2,730.42
$340.21
(2024: $218.04) $2,390.21
Note(s):
a. The reimbursement for deductible and co-insurance is not included. Employees participating in the Blue Shield plan are reimbursed 100 percent of the Blue Shield plan healthcare deductible cost. Also, the City reimburses these employees coinsurance cost after the first $2,000 is paid by the employee. The maximum reimbursement by the City is $3,000 individual/$8,000 family, per year.
b. Includes healthcare, dental, vision, and chiropractic premiums.

Reimbursement of Employee Deductible and Co-Insurance
Starting in 2013, the City changed the previously offered Blue Shield Gold Plan to a Silver Plan, which provided a significant premium savings, although included a higher deductible and coinsurance requirement. The City agreed to reimburse the employees for 100 percent of the deductible cost and co-insurance cost, after the employee pays the first $2,000 of the coinsurance.

Below is a summary of the premium savings realized from switching from the Blue Shield Gold Plan to the Silver Plan compared to the actual deductible and co-insurance reimbursement cost.

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Table 3 -- Summary of Deductible and Co-Insurance Cost
Year Premium
Savings
Reimbursement
Cost
Annual
Savings
2013 $188,786 $31,377 $157,409
2014 $197,084 $52,953 $144,131
2015 $194,508 $47,877 $146,631
2016 $206,672 $35,648 $171,024
2017 $215,730 $34,935 $180,795
2018 $215,583 $49,950 $165,633
2019 $210,111 $37,398 $172,713
2020 $219,501 $27,800 $191,701
2021 $236,459 $25,816 $210,643
2022 $256,668 $32,573 $224,095
2023 $303,215 $41,912 $261,303
This program has allowed the City to continue to provide a high level of healthcare benefit to the employee during a time when healthcare costs were experiencing significant cost increases.

FISCAL IMPACT:

The budgeted Fiscal Year 2024-25 expense for employee health and welfare benefits is $2,171,966. Since the health and welfare benefits are contracted by calendar year, the Fiscal Year 2024-25 budget is only partially impacted by the 2025 health and welfare expenses. The projected Fiscal Year 2024-25 expense for health and welfare benefits is $2,090,072 based on the actual quotes received for calendar year 2025.

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RESOLUTION NO. 24-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ADOPTING THE HEALTH AND WELFARE PLANS

PROVIDED TO ALL EMPLOYEES AND COUNCIL
MEMBERS FOR CALENDAR YEAR 2025, INCLUDING

ESTABLISHING THE MAXIMUM PREMIUM AND
REIMBURSEMENT PAID BY THE CITY FOR NONREPRESENTED EMPLOYEES AND CITY COUNCIL

MEMBERS
WHEREAS, the City Council of the City of Ripon is desirous of providing health and welfare benefits for all employees of the City of Ripon (“Employees”) for calendar year 2025; and
WHEREAS, consistent with State law and pursuant to Ripon Municipal Code Chapter

2.04.010, each member of the City Council is entitled to receive health benefits at the same level, and including the same coverage, as City employees; and WHEREAS, pursuant to Ripon Municipal Code 2.04.010, prior to the City Council approving any increase in the cost of providing health benefits to City Council members, the City Council may consider whether to accept said increase at a public meeting after public input.

Thereafter, the City Council may adopt a resolution approving said increase, or a portion of said increase.

NOW, THEREFORE, BE IT RESOLVED, the following summarizes the health and welfare plans to be provided for calendar year 2025:
• Kaiser Healthcare
• CSAC Blue Shield Healthcare
• Humana Dental
• VSP Sunlife Vision
• Sunlife Life Insurance
• Sunlife Long-term Disability

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BE IT FURTHER RESOLVED that the City Council of the City of Ripon does hereby approve the increase in cost for the City to provide health benefits for calendar year 2025 to City employees and Council members, as described in the table below.

CATEGORY
2024
PREMIUM b
2025
PREMIUM b

EMPLOYEE

RESPONSIBILITY
CITY

RESPONSIBILITY
Employees w/ Blue Shield Plan a
Employee Only $962.09 $1,001.23 $0 $1,001.23
Employee + Spouse $1,926.71 $2,004.99 $0 $2,004.99
Employee + Children $1,940.50 $2,018.78 $0 $2,018.78
Employee + Family $2,537.85 $2,638.79
$294.40
(2024:$243.92)
)
$2,344.39
Employees w/ Kaiser Plan
Employee Only $822.61 $904.06 $0 $904.06
Employee + Spouse $1,800.32 $1,979.49 $0 $1,979.49
Employee + Children $1,657.42 $1,820.30 $0 $1,820.30
Employee + Family $2,486.09 $2,730.42
$340.21
(2024:$218.04) $2,390.21
Note(s):
a. The reimbursement for deductible and co-insurance is not included. Employees participating in the Blue Shield plan are reimbursed 100 percent of the Blue Shield plan healthcare deductible cost. Also, the City reimburses these employees coinsurance cost after the first $2,000 is paid by the employee. The maximum reimbursement by the City is $3,000 individual/$8,000 family, per year.
b. Includes healthcare, dental, vision, and chiropractic premiums.

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

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

By: ___________________________
LISA ROOS, City Clerk

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City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/08/2024
Subject: Public Utility Easement Deed
RECOMMENDED ACTION:

This resolution accepts a Grant of a Public Utility Easement by Bethany Home Society of San Joaquin County for certain real property to the City of Ripon in connection with the Terraces at Bethany Home Project (930 W. Main Street) and authorizes the Mayor to sign and execute any and all documents necessary to complete the aforementioned transaction.

BACKGROUND:

This public utility easement along the frontage of the property located at 930 W. Main Street is being granted to the City to provide power for the benefit of the Terraces at Bethany Home.

Attachments:

1. Grant of Easement for PUE_Terraces at Bethany (25908020)

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RESOLUTION NO. 24-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ACCEPTING A GRANT OF EASEMENT FOR PUBLIC

UTILITY EASEMENT OF CERTAIN REAL PROPERTY TO

THE CITY OF RIPON
WHEREAS, Bethany Home Society of San Joaquin County, herein referred to as “GRANTOR” is the owner of real property located in Ripon at 930 W. Main Street, San Joaquin County, California 95366 described in Exhibit “A” and “B” of the Grant of Easement for Public Utility Easement attached hereto; and
WHEREAS, the Grant of Easement of the Property to the City of Ripon, herein referred to as “GRANTEE”, will further the public interest; and
WHEREAS, by execution of the Grant of Easement for Public Utility Easement attached hereto, GRANTOR conveyed the Property to the GRANTEE; and WHEREAS, the GRANTEE desires to accept the Grant of Easement for Public Utility Easement to said property to lay, construct, repair, maintain, operate, renew and replace pipelines and appurtenances incidental thereto for the conveyance of water, wastewater, electrical, stormwater and telecommunication with right of ingress and egress to and from same, in, over, under and across the easement; and
WHEREAS, Government Code section 27281 mandates that deeds or grants conveying any interest or easement upon real property to a governmental agency for public purposes shall not be accepted by the County for recordation without consent of the GRANTEE evidenced by its certificate or resolution of acceptance attached to or printed on the grant deed.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon, does hereby accept the aforementioned Grant of Easement for Public Utility Easement from GRANTOR. The Mayor is authorized to sign and execute any and all documents necessary to complete the aforementioned transaction.

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

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

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

By: ___________________________
LISA ROOS, City Clerk

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1.3.C.a
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Attachment: Grant of Easement for PUE_Terraces at Bethany (25908020) (24-38 : Public Utility Easement Deed)

1.3.C.a
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Attachment: Grant of Easement for PUE_Terraces at Bethany (25908020) (24-38 : Public Utility Easement Deed)

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Attachment: Grant of Easement for PUE_Terraces at Bethany (25908020) (24-38 : Public Utility Easement Deed)

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Attachment: Grant of Easement for PUE_Terraces at Bethany (25908020) (24-38 : Public Utility Easement Deed) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/08/2024
Subject: Public Utility Easement Deed
RECOMMENDED ACTION:

This resolution accepts a Grant of a Public Utility Easement by Bethany Home Society of San Joaquin County for certain real property to the City of Ripon in connection with the Terraces at Bethany Home Project (200 Vera Avenue and 816 W. Main Street) and authorizes the Mayor to sign and execute any and all documents necessary to complete the aforementioned transaction.

BACKGROUND:

This public utility easement along the frontage of the property located at 200 Vera Avenue and 816 W. Main Street is being granted to the City to provide power for the benefit of the Terraces at Bethany Home.

Attachments:

1. Grant of Easement for PUE_Terraces at Bethany (25918016 & 17)

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RESOLUTION NO. 24-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON ACCEPTING A GRANT OF EASEMENT FOR PUBLIC

UTILITY EASEMENT OF CERTAIN REAL PROPERTY TO

THE CITY OF RIPON
WHEREAS, Bethany Home Society of San Joaquin County, herein referred to as “GRANTOR” is the owner of real property located in Ripon at 200 Vera Avenue and 816 W.

Main Street, San Joaquin County, California 95366 described in Exhibit “A” and “B” of the Grant of Easement for Public Utility Easement attached hereto; and WHEREAS, the Grant of Easement of the Property to the City of Ripon, herein referred to as “GRANTEE”, will further the public interest; and
WHEREAS, by execution of the Grant of Easement for Public Utility Easement attached hereto, GRANTOR conveyed the Property to the GRANTEE; and WHEREAS, the GRANTEE desires to accept the Grant of Easement for Public Utility Easement to said property to lay, construct, repair, maintain, operate, renew and replace pipelines and appurtenances incidental thereto for the conveyance of water, wastewater, electrical, stormwater and telecommunication with right of ingress and egress to and from same, in, over, under and across the easement; and
WHEREAS, Government Code section 27281 mandates that deeds or grants conveying any interest or easement upon real property to a governmental agency for public purposes shall not be accepted by the County for recordation without consent of the GRANTEE evidenced by its certificate or resolution of acceptance attached to or printed on the grant deed.

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

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

By: ___________________________
LISA ROOS, City Clerk

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Attachment: Grant of Easement for PUE_Terraces at Bethany (25918016 & 17) (24-39 : Public Utility Easement Deed)

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Attachment: Grant of Easement for PUE_Terraces at Bethany (25918016 & 17) (24-39 : Public Utility Easement Deed)

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Attachment: Grant of Easement for PUE_Terraces at Bethany (25918016 & 17) (24-39 : Public Utility Easement Deed)

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Attachment: Grant of Easement for PUE_Terraces at Bethany (25918016 & 17) (24-39 : Public Utility Easement Deed) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/08/2024
Subject: Ripon Reliability Project PIA

RECOMMENDED ACTION
Approve and authorize the Mayor to sign the Project Improvement Agreement between the City of Ripon and Noosa Energy Storage, LLC required for the development of the Ripon Reliability Project proposed to be located at 1302 Frontage Road (near Flying J and the PG&E substation).

BACKGROUND
Noosa Energy Storage, LLC is proposing to construct a lithium ion battery energy storage system located at 1302 Frontage Road (near Flying J and the PG&E substation).

On May 17, 2021, the Planning Commission approved the Ripon Reliability Project. As part of the conditions of approval, Noosa Energy Storage, LLC is required to enter into a Project Improvement Agreement with the City of Ripon that incorporates all work planned in the public right-of-way, and provide the necessary improvement security associated with this work.

On August 19, 2024, the Planning Commission approved a one-year extension on their approved “Use Permit” with additional conditions for the project.

All required submittals and development fees have been received.

DISCUSSION/ANALYSIS
The purpose of the Project Improvement Agreement is to guarantee the completion of improvements within the public right-of-way in accordance with the previously approved Conditional Use Permit, added conditions approved with the August 19, 2024 one-year extension, and City Standards.

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As part of this project, Noosa Energy Storage, LLC is required to complete the following improvements within the public right-of-way:
 Santos Avenue street improvements of half of the ultimate 102-foot right-of-way;  Frontage Road street improvements of the full 40-foot right-of-way;

FISCAL IMPACT
None.

Attachments:

1. Project Improvement Agreement_Noosa Signed

2. Exhibit A_Conditions of Use_ UP20-33 PM20-32

3. Exhibit B_Cost Estimate - 2024.09.23

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8th

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Attachment: Project Improvement Agreement_Noosa Signed (4392 : Ripon Reliability Project PIA)

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Attachment: Project Improvement Agreement_Noosa Signed (4392 : Ripon Reliability Project PIA)

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Attachment: Project Improvement Agreement_Noosa Signed (4392 : Ripon Reliability Project PIA)

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Attachment: Project Improvement Agreement_Noosa Signed (4392 : Ripon Reliability Project PIA)

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Attachment: Project Improvement Agreement_Noosa Signed (4392 : Ripon Reliability Project PIA)

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Attachment: Project Improvement Agreement_Noosa Signed (4392 : Ripon Reliability Project PIA)

EXHIBIT A

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Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Exhibit A

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Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Exhibit A

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Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Exhibit A

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Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Exhibit A

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Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Exhibit A

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Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Exhibit A

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Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) F:\USERS\PLAN2\Fire Dept\General Requirements 11-16.doc 1 of 3

RIPON FIRE DISTRICT
Standard Specifications
For: General Conditions for Development
Date: 11-06-16
Supersedes: 02-01-08
Purpose: To provide standard conditions for approval of projects within the jurisdiction of the Ripon Fire District. The conditions listed in this document are not intended to be all-inclusive, and the District may impose additional conditions or requirements prior to approval. Projects are required to be constructed in accordance with any and all applicable local, state and federal laws and regulations.

FIRE DEPARTMENT ACCESS
All designated fire access routes and lanes shall be in accordance with the currently adopted codes, and as required by the District. Fire lanes will be marked in accordance with District specifications and approved by the District prior to installation. All gates located on fire access route shall be provided with means for entry as approved by the District.

One or more Knox Key Boxes shall be installed at a location approved by the District.

PREMISES IDENTIFICATION
All buildings shall be provided with approved street address/suite numbers, plainly visible and legible from the street. Where a building is set back from the street or road fronting the property, and whenever an addresses may not be clearly identifiable due to distance from the street or roadway, landscape, architectural appendages or other obstructions, address posting shall be required both at the street driveway serving the building(s) and on the building(s).

Size and Height
Determined by distance to location of address as posted, measured from curb. 25 Feet 4 inch
26-40 Feet 6 inch
41-55 Feet 9 inch
Over 55 Feet 12 inch
Numbers shall be a minimum of a ¾” stroke and shall contrast with their background.

Rear of Buildings
Any business or apartment building which affords vehicular access to the rear through a driveway, alley way or parking lot, shall also display approved identification or address numbers on the rear of the building for such business or apartment building in a location approved by the Fire Chief.

Multiple Dwelling Units
An approved diagram of the premises which clearly indicates all individual addresses of each unit in the complex shall be erected at the entrance driveways to every multiple dwelling complex having more than one building on the premises or when required by the Fire Chief. In addition, the Fire Chief may require that individual buildings on the premises be identified in an approved manner.

Exhibit A

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Premises identification-Multiple Buildings
An approved identification of multiple buildings within an industrial complex shall be required which clearly indicates each individual building in the complex. Identification shall be placed on each building in a size and location when required by the Fire Chief and be visible for responding emergency personal in an approved manner.

WATER SUPPLY
Water Supplies and Fire Hydrants shall be in accordance with all current codes and specifications adopted by the District.

Fire hydrant location, distribution and installation shall be in accordance with the current codes and specifications adopted by the District.

All Hydrants shall be supplied by a dedicated 8” service from the main line, unless otherwise approved by the Fire Chief.

On-site systems may be required to be supplied from two directions otherwise known as “looped” systems.

FIRE CODE PLAN CHECK
Submit 3 complete set of plans to the Ripon Fire District office located at 142 S. Stockton Ave. in Ripon, CA. Plans for fire protection systems shall be submitted and approved prior to construction, unless other arrangements have been made and approved to by the District.

FIRE PROTECTION SYSTEMS
Automatic Sprinkler Systems
Submit five (5) complete sets of sprinkler system plans and hydraulic calculations to the Ripon Fire District. All plans for fire protection systems shall be submitted and approved prior to construction, unless other arrangements have been made and approved by the District.

System Requirements
The location of all hydrants, fire department connections, indicating valves, etc. shall be approved by the District prior to installation. All hydrants, OS&Y’s and FDC’s shall be painted for identification purposes as required by the Fire District.

All fire department connections (FDC) shall be provided with locking cap(s) to prevent tampering. The approved make and model is as follows:

KNOX Company
Locking FDC Cap
Model #3011
Ordering information for Knox Company products is available from the District office.

All backflow and detector check assemblies shall be installed per City of Ripon specifications, and monitored with tamper switch(s). Indicating valves shall be provided with locking devices in order to lock valve(s) in open position.

All piping that is any part of an automatic sprinkler system shall meet the C 900 specification, rated at 200 psi.

Unless otherwise approved, all automatic sprinkler systems shall be supplied by a dedicated 8” connection from the main line.

Fire Department Connections (FDC) shall be located within 30 feet of an approved fire hydrant.

Exhibit A

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ALARM SYSTEMS
Automatic Fire Suppression Systems controls shall be monitored by an approved alarm monitoring Service. Three (3) sets of plans and equipment specifications shall be submitted to the District for approval prior to installation.

The following devices shall be monitored by the alarm system:

System valves - Tamper Switches
Sprinkler Risers - Flow switches
Post Indicator Valves - Tamper Switches
Manual Pull Stations
Commercial Hood & Duct Systems

COMMERCIAL COOKING OPERATIONS
Automatic Fire Suppression Systems shall be installed for protection of commercial cooking equipment. Submit three (3) complete sets of plans for hood & duct systems to the Ripon Fire District Office for review and approval prior to installation.

INSPECTIONS
Builder/Contractor is required to contact the Fire District 24 hours in advance to arrange the following on-site inspections when required:

Fire Access Roads and Lanes
Sprinkler Systems
Fire Alarm Systems
Fire Hydrant Installation
Fire Extinguisher Placement
Special Systems
Final Occupancy Inspections

FIRE EXTINGUISHERS
Provide extinguishers with a minimum rating of 2A 10B:C within 75 feet of exits and for every 3000 square feet in general use areas. Placement of extinguishers shall be in compliance with currently adopted codes. In any event, placement of fire extinguishers shall meet or exceed Section 906 of the California Fire Code.

The Fire District shall be notified prior to occupancy of the facility for the approval of the locations, type and size of each fire extinguisher. Extinguishers are required during construction, alteration or demolition of any building. Fire Extinguishers shall be tagged by a licensed extinguisher service company prior to installation.

FEES
Plan Check/Inspection Fees
Plan check/inspection fees will be charged for the following in accordance with the fee schedule adopted by the Board of Directors of the Ripon Fire District:

Fire Code Plan Check
Fire Protection Systems
Commercial Cooking Operations (Hood and Duct) Fire Protection Systems Fire Alarm Systems
A list of permit fees can be found on the Ripon Fire District website @ www.riponfire.com Fire Impact Fees
Fire Impact Fees will be charged in accordance with the fee schedule on record at the City of Ripon and/or as described in the Development Agreement between the City of Ripon and the Developer.

Exhibit A

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Packet Pg. 102 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) 1231 Eleventh St.

P.O. Box 4060
Modesto, CA 95352
(209) 526-7373
October 7, 2020
City of Ripon – Department of Planning and Economic Development 259 N. Wilma Ave.

Ripon, CA 95366
RE: Tentative Parcel Map - PM20-32
APN: 228-110-10 (1302 W. Santos Ave., Ripon, CA)
Thank you for allowing the District to comment on this referral. Following are the recommendations from our Electrical, Irrigation and Domestic Water Divisions:

Irrigation
• No Comments at this time.

Domestic Water
• No Comments at this time.

Electrical
• The electric division does not have any electric facilities within or adjacent to the project area. This area falls within the PG&E and MID competitive zone. If electric service is desired contact the District’s Electric Engineering department to determine the availability of electric service and coordinate service requirements to the propose project. Please contact Modesto Irrigation District at (209) 526-7337 or (888) 335-1643 and ask for the Electrical Engineering Design Group if you have any questions or concerns.

The Modesto Irrigation District reserves its future rights to utilize its property, including its canal and electrical easements and rights-of-way, in a manner it deems necessary for the installation and maintenance of electric, irrigation, agricultural and urban drainage, domestic water and telecommunication facilities.

These needs, which have not yet been determined, may consist of poles, crossarms, wires, cables, braces, insulators, transformers, service lines, open channels, pipelines, control structures and any necessary appurtenances, as may, in District’s opinion, be necessary or desirable.

If you have any questions, please contact me at (209) 526-7447.

Sincerely,
Lien Campbell
Risk & Property Analyst
Copy: File
Lien Campbell
Exhibit A

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Packet Pg. 103 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Plan Review Team
Land Management
[email protected]
6111 Bollinger Canyon Road 3370A
San Ramon, CA 94583
PG&E Gas and Electric Facilities Page 1
October 8, 2020
Mitzi Johnson
City of Ripon
259 N Wilma Ave
Ripon, CA 95366
Ref: Gas and Electric Transmission and Distribution
Dear Mitzi Johnson,
Thank you for submitting the 1302 W Santos Ave plans for our review. PG&E will review the submitted plans in relationship to any existing Gas and Electric facilities within the project area.

If the proposed project is adjacent/or within PG&E owned property and/or easements, we will be working with you to ensure compatible uses and activities near our facilities.

Attached you will find information and requirements as it relates to Gas facilities (Attachment 1) and Electric facilities (Attachment 2). Please review these in detail, as it is critical to ensure your safety and to protect PG&E’s facilities and its existing rights.

Below is additional information for your review:

1. This plan review process does not replace the application process for PG&E gas or electric service your project may require. For these requests, please continue to work with PG&E Service Planning: https://www.pge.com/en_US/business/services/buildingand-renovation/overview/overview.page.

2. If the project being submitted is part of a larger project, please include the entire scope of your project, and not just a portion of it. PG&E’s facilities are to be incorporated within any CEQA document. PG&E needs to verify that the CEQA document will identify any required future PG&E services.

3. An engineering deposit may be required to review plans for a project depending on the size, scope, and location of the project and as it relates to any rearrangement or new installation of PG&E facilities.

Any proposed uses within the PG&E fee strip and/or easement, may include a California Public Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render approval for a conveyance of rights for specific uses on PG&E’s fee strip or easement. PG&E will advise if the necessity to incorporate a CPUC Section 851filing is required.

This letter does not constitute PG&E’s consent to use any portion of its easement for any purpose not previously conveyed. PG&E will provide a project specific response as required.

Sincerely,
Plan Review Team
Land Management
Exhibit A

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Packet Pg. 104 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) PG&E Gas and Electric Facilities Page 2
Attachment 1 – Gas Facilities
There could be gas transmission pipelines in this area which would be considered critical facilities for PG&E and a high priority subsurface installation under California law. Care must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves work near gas transmission pipelines it is done in adherence with the below stipulations. Additionally, the following link provides additional information regarding legal requirements under California excavation laws: https://www.usanorth811.org/images/pdfs/CA-LAW-2018.pdf

1. Standby Inspection: A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811. A minimum notice of 48 hours is required. Ensure the USA markings and notifications are maintained throughout the duration of your work.

2. Access: At any time, PG&E may need to access, excavate, and perform work on the gas pipeline. Any construction equipment, materials, or spoils may need to be removed upon notice.

Any temporary construction fencing installed within PG&E’s easement would also need to be capable of being removed at any time upon notice. Any plans to cut temporary slopes exceeding a 1:4 grade within 10 feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

3. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe.

Ensure a list of the axle weights of all equipment being used is available for PG&E’s Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by hand in a few areas.

Due to the complex variability of tracked equipment, vibratory compaction equipment, and cranes, PG&E must evaluate those items on a case-by-case basis prior to use over the gas pipeline (provide a list of any proposed equipment of this type noting model numbers and specific attachments).

No equipment may be set up over the gas pipeline while operating. Ensure crane outriggers are at least 10 feet from the centerline of the gas pipeline. Transport trucks must not be parked over the gas pipeline while being loaded or unloaded.

4. Grading: PG&E requires a minimum of 36 inches of cover over gas pipelines (or existing grade if less) and a maximum of 7 feet of cover at all locations. The graded surface cannot exceed a cross slope of 1:4.

5. Excavating: Any digging within 2 feet of a gas pipeline must be dug by hand. Note that while the minimum clearance is only 12 inches, any excavation work within 24 inches of the edge of a pipeline must be done with hand tools. So to avoid having to dig a trench entirely with hand tools, the edge of the trench must be over 24 inches away. (Doing the math for a 24 inch Exhibit A

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wide trench being dug along a 36 inch pipeline, the centerline of the trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug by hand.) Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a 40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away.

Any plans to expose and support a PG&E gas transmission pipeline across an open excavation need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

6. Boring/Trenchless Installations: PG&E Pipeline Services must review and approve all plans to bore across or parallel to (within 10 feet) a gas transmission pipeline. There are stringent criteria to pothole the gas transmission facility at regular intervals for all parallel bore installations.

For bore paths that cross gas transmission pipelines perpendicularly, the pipeline must be potholed a minimum of 2 feet in the horizontal direction of the bore path and a minimum of 12 inches in the vertical direction from the bottom of the pipe with minimum clearances measured from the edge of the pipe in both directions. Standby personnel must watch the locator trace (and every ream pass) the path of the bore as it approaches the pipeline and visually monitor the pothole (with the exposed transmission pipe) as the bore traverses the pipeline to ensure adequate clearance with the pipeline. The pothole width must account for the inaccuracy of the locating equipment.

7. Substructures: All utility crossings of a gas pipeline should be made as close to perpendicular as feasible (90° +/- 15°). All utility lines crossing the gas pipeline must have a minimum of 12 inches of separation from the gas pipeline. Parallel utilities, pole bases, water line ‘kicker blocks’, storm drain inlets, water meters, valves, back pressure devices or other utility substructures are not allowed in the PG&E gas pipeline easement.

If previously retired PG&E facilities are in conflict with proposed substructures, PG&E must verify they are safe prior to removal. This includes verification testing of the contents of the facilities, as well as environmental testing of the coating and internal surfaces. Timelines for PG&E completion of this verification will vary depending on the type and location of facilities in conflict.

8. Structures: No structures are to be built within the PG&E gas pipeline easement. This includes buildings, retaining walls, fences, decks, patios, carports, septic tanks, storage sheds, tanks, loading ramps, or any structure that could limit PG&E’s ability to access its facilities.

9. Fencing: Permanent fencing is not allowed within PG&E easements except for perpendicular crossings which must include a 16 foot wide gate for vehicular access. Gates will be secured with PG&E corporation locks.

10. Landscaping: Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement area.

Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4’) in height at maturity may be planted within the easement area.

Exhibit A

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Packet Pg. 106 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) PG&E Gas and Electric Facilities Page 4

11. Cathodic Protection: PG&E pipelines are protected from corrosion with an “Impressed Current” cathodic protection system. Any proposed facilities, such as metal conduit, pipes, service lines, ground rods, anodes, wires, etc. that might affect the pipeline cathodic protection system must be reviewed and approved by PG&E Corrosion Engineering.

12. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission pipelines in order to ensure public awareness of the presence of the pipelines.

With prior written approval from PG&E Pipeline Services, an existing PG&E pipeline marker sign that is in direct conflict with proposed developments may be temporarily relocated to accommodate construction work. The pipeline marker must be moved back once construction is complete.

13. PG&E is also the provider of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs which may endanger the safe operation of its facilities.

Exhibit A

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Packet Pg. 107 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) PG&E Gas and Electric Facilities Page 5
Attachment 2 – Electric Facilities
It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as follows:

1. Buildings and Other Structures: No buildings or other structures including the foot print and eave of any buildings, swimming pools, wells or similar structures will be permitted within fee strip(s) and/or easement(s) areas. PG&E’s transmission easement shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.”

2. Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers.

Developers must submit grading plans and site development plans (including geotechnical reports if applicable), signed and dated, for PG&E’s review. PG&E engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-toconductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure.

3. Fences: Walls, fences, and other structures must be installed at locations that do not affect the safe operation of PG&’s facilities. Heavy equipment access to our facilities must be maintained at all times. Metal fences are to be grounded to PG&E specifications. No wall, fence or other like structure is to be installed within 10 feet of tower footings and unrestricted access must be maintained from a tower structure to the nearest street. Walls, fences and other structures proposed along or within the fee strip(s) and/or easement(s) will require PG&E review; submit plans to PG&E Centralized Review Team for review and comment.

4. Landscaping: Vegetation may be allowed; subject to review of plans. On overhead electric transmission fee strip(s) and/or easement(s), trees and shrubs are limited to those varieties that do not exceed 15 feet in height at maturity. PG&E must have access to its facilities at all times, including access by heavy equipment. No planting is to occur within the footprint of the tower legs. Greenbelts are encouraged.

5. Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s) and/or easement(s) for electric transmission lines.

6. Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be reviewed by PG&E; approval will be on a case by case basis. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet.

Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed.

7. Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of fuel or combustibles and no fueling of vehicles within PG&E’s easement. No trash bins or incinerators are allowed.

Exhibit A

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8. Streets and Roads: Access to facilities must be maintained at all times. Street lights may be allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed by PG&E for proper clearance. Roads and utilities should cross the transmission easement as nearly at right angles as possible. Road intersections will not be allowed within the transmission easement.

9. Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems may be allowed; subject to review. Leach fields and septic tanks are not allowed. Construction plans must be submitted to PG&E for review and approval prior to the commencement of any construction.

10. Signs: Signs are not allowed except in rare cases subject to individual review by PG&E.

11. Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and light trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications.

12. Construction Activity: Since construction activity will take place near PG&E’s overhead electric lines, please be advised it is the contractor’s responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety (https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations.

Contractors shall comply with California Public Utilities Commission General Order 95 (http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety rules. No construction may occur within 25 feet of PG&E’s towers. All excavation activities may only commence after 811 protocols has been followed.

Contractor shall ensure the protection of PG&E’s towers and poles from vehicular damage by (installing protective barriers) Plans for protection barriers must be approved by PG&E prior to construction.

13. PG&E is also the owner of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs that may endanger the safe and reliable operation of its facilities.

Exhibit A

1.4.A.b
Packet Pg. 109 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) P.O. Box 747, Ripon, CA 95366-0747 (Mailing)
11011 E. Highway 120, Manteca, CA 95336-9750
(209) 249-4600
September 30, 2020
Ken Zuidervaart
City of Ripon
259 N. Wilma Ave.

Ripon, CA 95366
Subject: PM20-32, UP20-33
Owner: Thompson Family Living Trust
Dear Mr. Zuidervaart:

The South San Joaquin Irrigation District owns, operates and maintains irrigation and/or drainage facilities which may provide service to the property described in the subject application.

When property boundaries are changed, it is likely to affect the current method of water billing and water delivery. In some cases, the District will no longer be able to provide irrigation service unless certain provisions are made to extend or relocate facilities to accommodate the newly established parcels. Further conflicts could occur if these parcels are sold or transferred to others without provisions for irrigation service.

Based upon the information provided in the referral, there may be a concern relative to the District’s ability to continue to service the newly configured parcels. If changes in the method of irrigation are desired by owner, it is recommended that the owner contact the District, prior to the completion of the process, to determine the necessity for changes to the existing infrastructure, or easements in order to accommodate the proposed boundary changes. The owner will need to Exhibit A

1.4.A.b
Packet Pg. 110 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) P.O. Box 747, Ripon, CA 95366-0747 (Mailing)
11011 E. Highway 120, Manteca, CA 95336-9750
(209) 249-4600
provide information concerning any changes in the method in which the adjusted parcels will be irrigated and may need to obtain a structure permit if new connections are necessary.

Owners may contact Dawn Driesen, in the Engineering Dept. at 249-4619 for further information and assistance in this matter.

Sincerely,
Forrest Killingsworth
Engineering Dept. Manager
Exhibit A

1.4.A.b
Packet Pg. 111 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) S J C O G, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438 San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)

SJMSCP RESPONSE TO LOCAL JURISDICTION (RTLJ)
ADVISORY AGENCY NOTICE TO SJCOG, Inc.

To: Ken Zuidervaart, City of Ripon, Community Development Department From: Laurel Boyd, SJCOG, Inc.

Date: September 29, 2020
Local Jurisdiction Project Title: Tentative Parcel Map (PM20-32), Conditional Use Permit (UP20-33) Assessor Parcel Number(s): 228-110-10
Local Jurisdiction Project Number: PM20-32, UP20-33
Total Acres to be converted from Open Space Use: Unknown Habitat Types to be Disturbed: Multi-Purpose Open Space Habitat Land Species Impact Findings: Findings to be determined by SJMSCP biologist.

Dear Mr. Zuidervaart:

SJCOG, Inc. has reviewed the application referral the Tentative Parcel Map (PM20-32) and Conditional Use Permit (UP20- 33) This project consists of a request to subdivide a 13.26 acre site into two parcels in order to develop 4.09 acres of the parcel as a battery energy storage and substation facility. The site is located in the C4 (Highway Service) district. The proposal is to construct and operate the Battery Energy Storage System (BESS) to enhance transmission grid reliability and further California’s goal of decarbonizing the energy sector. The project would consist of battery storage cabinets, transformers, inverters, a main step-up transformer, and an interconnection line to the Ripon Substation. The project would also include on-site and off-site improvements, including landscaping, a security barrier and streetscape improvements.

The project site is located at 1302 W. Santos Ave, Ripon, (APN: 228-110-10).

The City of Ripon is a signatory to San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP). Participation in the SJMSCP satisfies requirements of both the state and federal endangered species acts and ensures that the impacts are mitigated below a level of significance in compliance with the California Environmental Quality Act (CEQA). The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measure are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP. Although participation in the SJMSCP is voluntary, Local Jurisdiction/Lead Agencies should be aware that if project applicants choose against participating in the SJMSCP, they will be required to provide alternative mitigation in an amount and kind equal to that provided in the SJMSCP.

At this time, the applicant is requesting a Subdivision with no ground disturbance. Any future ground disturbing activities (e.g. roads, curb, gutter, electrical, water, etc.) or any physical structures that require ground disturbance on this or subsequent divided parcels will be subject to participate in the SJMSCP before ANY ground disturbance occurs and should be resubmitted to this agency. Current or future owners of this-or subdivided properties should be made aware of the conditions that are placed by the SJMSCP on future development on the created parcels.

This Project is subject to the SJMSCP. This can be up to a 30-day process and it is recommended that the project applicant contact SJMSCP staff as early as possible. It is also recommended that the project applicant obtain an information package. http://www.sjcog.org
Please contact SJMSCP staff regarding completing the following steps to satisfy SJMSCP requirements:
▪ Schedule a SJMSCP Biologist to perform a pre-construction survey prior to any ground disturbance ▪ SJMSCP Incidental Take Minimization Measures and mitigation requirement:

1. Incidental Take Minimization Measures (ITMMs) will be issued to the project and must be signed by the project applicant prior to any ground disturbance but no later than six (6) months from receipt of the ITMMs. If ITMMs are not signed within six months, the applicant Exhibit A

1.4.A.b
Packet Pg. 112 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) 2 | S J C O G , I n c .
must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

3. Upon issuance of fully executed ITMMs and prior to any ground disturbance, the project applicant must:
a. Post a bond for payment of the applicable SJMSCP fee covering the entirety of the project acreage being covered (the bond should be valid for no longer than a 6 month period); or b. Pay the appropriate SJMSCP fee for the entirety of the project acreage being covered; or c. Dedicate land in-lieu of fees, either as conservation easements or fee title; or d. Purchase approved mitigation bank credits.

4. Within 6 months from the effective date of the ITMMs or issuance of a building permit, whichever occurs first, the project applicant must:
a. Pay the appropriate SJMSCP for the entirety of the project acreage being covered; or b. Dedicate land in-lieu of fees, either as conservation easements or fee title; or c. Purchase approved mitigation bank credits.

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called. ▪ Receive your Certificate of Payment and release the required permit It should be noted that if this project has any potential impacts to waters of the United States [pursuant to Section 404 Clean Water Act], it would require the project to seek voluntary coverage through the unmapped process under the SJMSCP which could take up to 90 days. It may be prudent to obtain a preliminary wetlands map from a qualified consultant. If waters of the United States are confirmed on the project site, the Corps and the Regional Water Quality Control Board (RWQCB) would have regulatory authority over those mapped areas [pursuant to Section 404 and 401 of the Clean Water Act respectively] and permits would be required from each of these resource agencies prior to grading the project site.

If you have any questions, please call (209) 235-0600.

Exhibit A

1.4.A.b
Packet Pg. 113 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) 3 | S J C O G , I n c .

S J C O G, Inc.

San Joaquin County Multi-Species Habitat Conservation & Open Space Plan 555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438

SJMSCP HOLD
TO: Local Jurisdiction: Community Development Department, Planning Department, Building Department, Engineering Department, Survey Department, Transportation Department, Public Works Department,
Other: ___________
FROM: Laurel Boyd, SJCOG, Inc.

DO NOT AUTHORIZE SITE DISTURBANCE

DO NOT ISSUE A BUILDING PERMIT
DO NOT ISSUE __________ FOR THIS PROJECT
The landowner/developer for this site has requested coverage pursuant to the San Joaquin County MultiSpecies Habitat Conservation and Open Space Plan (SJMSCP). In accordance with that agreement, the Applicant has agreed to:
1) SJMSCP Incidental Take Minimization Measures and mitigation requirement:

If ITMMs are not signed within six months, the applicant must reapply for SJMSCP Coverage. Upon receipt of signed ITMMs from project applicant, SJCOG, Inc. staff will sign the ITMMs. This is the effective date of the ITMMs.

2. Under no circumstance shall ground disturbance occur without compliance and satisfaction of the ITMMs.

Failure to satisfy the obligations of the mitigation fee shall subject the bond to be called.

Project Title: Tentative Parcel Map (PM20-32), Conditional Use Permit (UP20-33) Landowner: Thompson Family Living Trust Applicant: Noosa Energy Storage, LLC Assessor Parcel #s: 228-110-10
T _______, R______, Section(s): _____
Local Jurisdiction Contact: Ken Zuidervaart
The LOCAL JURISDICTION retains responsibility for ensuring that the appropriate Incidental Take Minimization Measures are properly implemented and monitored and that appropriate fees are paid in compliance with the SJMSCP.

Exhibit A

1.4.A.b
Packet Pg. 114 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) c SAN joAouiN
. --COUNTY
Greatness grows here.

Environmental Health Department
Jasjit Kang, REHS, Interim Director
Muniappa Naidu, REHS, Assistant Director

PROGRAM COORDINATORS
Robert McCiellon, REHS
Jeff Carruesco, REHS, RDI
Willy Ng, REHS
Michael Kith, REHS
Melissa Nissim, REHS
October 15, 2020
To: City of Ripon Department of Planning and Economic Development Attention: Ken Zuidervaart
From: Naseem Ahmed; 209-616-3018
Senior Registered Environmental Health Specialist
RE: Tentative Parcel Map (PM-20-32), SU0013671
1302 W. Santos Ave, Ripon
The following requirements have been identified as pertinent to this project. Other requirements may also apply. These requirements cannot be modified.

The San Joaquin County Environmental Health Department (EHD) is supportive of this project in regards to the provision of full public services.

Any existing wells or septic systems to be abandoned shall be destroyed under permit and inspection by the EHD (San Joaquin County Development Title, Section 9-1110.3 & 9-1110.4) Note: During site visit one domestic well was discovered in the shop building and one agricultural well was discovered in the almond orchard.

Any geotechnical drilling shall be conducted under permit and inspection by The Environmental Health Department (San Joaquin County Development Title, Section 9-1115.3 and 9-1115.6).

Before any hazardous materials/waste can be stored or used onsite, the owner/operator must report the use or storage of these hazardous materials to the California Environmental Reporting System (CERS) at cers.calepa.ca.qov/ and comply with the laws and regulations for the programs listed below (based on quantity of hazardous material in some cases). The applicant may contact the Program Coordinator of the CUPA program, Melissa Nissim (209) 468-3168, with any questions.

Any amount but not limited to the following hazardous waste; hazardous material spills, used oil, used oil filters, used oil-contaminated absorbent/debris, waste antifreeze, used batteries or other universal waste, etc. — Hazardous Waste Program (Health &Safety Code (HSC) Sections 25404 & 25180 et sec.)
Onsite treatment of hazardous waste — Hazardous Waste Treatment Tiered Permitting Program (HSC Sections 25404 & 25200 et sec. & California Code of Regulations (CCR), Title 22, Section 67450.1 et sec.)
Reportable quantities of hazardous materials-reportable quantities are 55 gallons or more of liquids, 500 pounds for solids, or 200 cubic feet for compressed gases, with some exceptions.

Carbon dioxide is a regulated substance and is required to be reported as a hazardous 1868 E. HazeIton Avenue I Stockton, California 95205 I T 209 468-3420 I F 209 464-0138 I www.sjgov.org/ehd Exhibit A

1.4.A.b
Packet Pg. 115 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Tentative Parcel Map (PM-20-32), SU0013671 Page 2 of 2
1302 W. Santos Ave, Ripon
material if storing 1,200 cubic feet (137 pounds) or more onsite in San Joaquin County — Hazardous Materials Business Plan Program (HSC Sections 25508 & 25500 et sec.) d. Any amount of hazardous material stored in an Underground Storage Tank — Underground Storage Tank Program (HSC Sections 25286 & 25280 et sec.) If an underground storage tank (UST) system will be installed, a permit is required to be submitted to, and approved by, the San Joaquin County Environmental Health Department (EHD) before any UST installation work can begin.

Additionally, an EHD UST permit to operate is required once the approved UST system is installed.
e. Storage of at least 1,320 gallons of petroleum aboveground or any amount of petroleum stored below grade in a vault — Aboveground Petroleum Storage Program (HSC Sections 25270.6 & 25270 et sec.)
i. Spill Prevention, Countermeasures and Control (SPCC) Plan requirement f. Threshold quantities of regulated substances stored onsite - California Accidental Release Prevention (CalARP) Program (Title 19, Section 2735.4 & HSC Section 25531 et sec.) i. Risk Management Plan requirement for covered processes Exhibit A

1.4.A.b
Packet Pg. 116 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Plan Review Team
Land Management
[email protected]
6111 Bollinger Canyon Road 3370A
San Ramon, CA 94583
PG&E Gas and Electric Facilities Page 1
October 8, 2020
Mitzi Johnson
City of Ripon
259 N Wilma Ave
Ripon, CA 95366
Ref: Gas and Electric Transmission and Distribution
Dear Mitzi Johnson,
Thank you for submitting the 1302 W Santos Ave plans for our review. PG&E will review the submitted plans in relationship to any existing Gas and Electric facilities within the project area.

If the proposed project is adjacent/or within PG&E owned property and/or easements, we will be working with you to ensure compatible uses and activities near our facilities.

Below is additional information for your review:

This letter does not constitute PG&E’s consent to use any portion of its easement for any purpose not previously conveyed. PG&E will provide a project specific response as required.

Sincerely,
Plan Review Team
Land Management
Exhibit A

1.4.A.b
Packet Pg. 117 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) PG&E Gas and Electric Facilities Page 2
Attachment 1 – Gas Facilities
There could be gas transmission pipelines in this area which would be considered critical facilities for PG&E and a high priority subsurface installation under California law. Care must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves work near gas transmission pipelines it is done in adherence with the below stipulations. Additionally, the following link provides additional information regarding legal requirements under California excavation laws: https://www.usanorth811.org/images/pdfs/CA-LAW-2018.pdf

2. Access: At any time, PG&E may need to access, excavate, and perform work on the gas pipeline. Any construction equipment, materials, or spoils may need to be removed upon notice.

3. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe.

Ensure a list of the axle weights of all equipment being used is available for PG&E’s Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by hand in a few areas.

1.4.A.b
Packet Pg. 118 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) PG&E Gas and Electric Facilities Page 3
wide trench being dug along a 36 inch pipeline, the centerline of the trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug by hand.) Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a 40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away.

Any plans to expose and support a PG&E gas transmission pipeline across an open excavation need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4’) in height at maturity may be planted within the easement area.

Exhibit A

1.4.A.b
Packet Pg. 119 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) PG&E Gas and Electric Facilities Page 4

12. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission pipelines in order to ensure public awareness of the presence of the pipelines.

Exhibit A

1.4.A.b
Packet Pg. 120 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) PG&E Gas and Electric Facilities Page 5
Attachment 2 – Electric Facilities
It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as follows:

2. Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers.

5. Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s) and/or easement(s) for electric transmission lines.

Exhibit A

1.4.A.b
Packet Pg. 121 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) PG&E Gas and Electric Facilities Page 6

10. Signs: Signs are not allowed except in rare cases subject to individual review by PG&E.

Exhibit A

1.4.A.b
Packet Pg. 122 Attachment: Exhibit A_Conditions of Use_ UP20-33 PM20-32 (4392 : Ripon Reliability Project PIA) Departments of Planning & Economic Development
Ripon, California
Conditional Use Permit (UP20-33)

ITEM QUANTITY UNIT UNIT PRICE FOR BONDING COST

1. EARTHWORK
Cut/Fill
(0-1,000) 0 CY $31.12 $0
(1,000-20,000) 0 CY $16.97 $0
(20,000+) 0 CY $10.11 $0
Export/Import
(0-1,000) 0 CY $39.59 $0
(1,000-20,000) 0 CY $31.12 $0
(20,000+) 0 CY $16.97 $0
Clearing and Grubbing 0 SF $0.63 $0
Erosion Control
Sand/Gravel Bag 20 EA $4.24 $85
Straw Mat 0 SF $0.39 $0
Straw Bales 0 EA $7.08 $0
Silt Fence 2,160 LF $2.26 $4,882
Fiber Rolls 0 LF $4.24 $0
Inlet Protection 4 EA $247.50 $990

2. STRUCTURAL

STORM DRAIN SYSTEMS
Cleanouts (Storm Drain)
Type 1 Storm Manhole (SD-10) 0 EA $6,363.03 $0
Concrete Lug 2 EA $1,555.41 $3,111
Concrete Pipe Collar 0 EA $3,535.01 $0
Reinforced Concrete Pipe (RCP)
12 " 55 LF $77.78 $4,278
18" 0 LF $134.34 $0
Curb Inlet
Type 1 Curb Inlet (SD-8) 2 EA $8,551.91 $17,104

ESTIMATE FOR DRAFT PROJECT IMPROVEMENT AGREEMENT (PIA)
1 EXHIBIT B 1.4.A.c
Packet Pg. 123 Attachment: Exhibit B_Cost Estimate - 2024.09.23 (4392 : Ripon Reliability Project PIA)

ITEM QUANTITY UNIT UNIT PRICE FOR BONDING COST

3. UTILITIES
A-Sewer
Manhole
Sanitary Sewer Manhole (S-6) 3 EA $4,807.60 $14,423
Sewer Lateral (House Connection, S-11)
4", 30' Long 0 EA $1,887.69 $0
Sewer Main (S-4) * (All Materials)
6" 0 LF $98.97 $0
8" 218 LF $102.08 $22,253
* Add 2% for every foot of cover over 5 feet
B-Water
Air & Vacuum Valve
(W-28) 2 EA $2,545.21 $5,090
Blow-off Assembly
2" Blow-off 1 EA $1,254.25 $1,254
6" RPDA Backflow Prevention Assembly 1 EA $3,535.01 $3,535 1-1/2" RPP Backflow Prevention Assembly (W-19) 1 EA $3,535.01 $3,535 Fire Hydrant
New, 3 Way (W-23) 2 EA $6,221.62 $12,443
Valves
6" 2 EA $1,555.41 $3,111
12" 1 EA $5,755.00 $5,755
Water Main (WP-02) (All Materials)
6" 30 LF $77.78 $2,333
12" 635 LF $108.87 $69,132
Water Service w/ meter
2" Service & 1-1/2" Meter - Irrigation (W-13) 1 EA $3,933.77 $3,934 B-Non-Potable Water
Air & Vacuum Valve
(W-28) 0 EA $2,545.21 $0
Blow-off Assembly
2" Blow-off 0 EA $1,254.25 $0
RPP Backflow Prevention Assembly (W-19) 0 EA $3,535.01 $0 Valves
12" 0 EA $5,755.00 $0
Water Main (WP-02) (All Materials)
12" 0 LF $108.87 $0
Water Service w/ meter
2" Service & 1-1/2" Meter (W-13) 0 EA $3,933.77 $0
2 1.4.A.c
Packet Pg. 124 Attachment: Exhibit B_Cost Estimate - 2024.09.23 (4392 : Ripon Reliability Project PIA)

ITEM QUANTITY UNIT UNIT PRICE FOR BONDING COST

4. Surface Improvement
Curb+Gutter
Removal 885 LF $3.30 $2,921
6" Curb & Gutter (ST-21) 1,640 LF $38.18 $62,615
Driveway (ST-24) 3,925 SF $9.90 $38,858
Paving (AC)
AC Pavement (Removal) 6,760 SF $4.24 $28,662
AC Paving (4" Surface) 8,632 SF $3.10 $26,759
Base (Class Two)
18" Surface 8,632 SF $1.84 $15,883
Paving Subgrade Preparation 8,632 SF $0.56 $4,834
Ped Ramp (ST-28)
1-4 (ST-28) 1 EA $1,979.60 $1,980
4+ (ST-27) 6 EA $1,696.80 $10,181
Sidewalk
Removal 0 SF $2.12 $0
1-5000 0 SF $7.77 $0
5000+ 9,036 SF $6.22 $56,204
Trench Resurfacing 1,100 LF $35.36 $38,896

5. Traffic
Detector Loops 0 EA $636.30 $0
Video Detection (Per Approach) 0 EA $11,312.05 $0
Pull Box
Type 3 0 EA $339.37 $0
Type 5 0 EA $374.72 $0
Type 6 0 EA $388.86 $0
Signal Ahead Flasher 0 EA $6,363.03 $0
Remove Striping 1,150 LF $2.83 $3,255
Street Light
(L-1, L2, L3) 5 EA $8,484.04 $42,420
Street Name Sign 0 EA $565.60 $0
Street Striping
0-4000' 1,150 LF $1.42 $1,633
4000' + 0 LF $0.86 $0
Traffic Control (Estimated Improvement)
0 - $1,000,000 1 LS $35,000
$1,000,000+ 0 LS $0

6. Miscellaneous
Saw Cut (AC/PCC Pvt) 1,668 LF $5.65 $9,424
Subtotal $556,772
Plus 10% Contingency $55,677
TOTAL AMOUNT OF SECURITY $612,450
Sign Stamp
PREPARED BY: Rafael Gonzalez DATE: September 09, 2024
REVISED: September 19, 2024
3 1.4.A.c
Packet Pg. 125 Attachment: Exhibit B_Cost Estimate - 2024.09.23 (4392 : Ripon Reliability Project PIA) 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: Fleet Maintenance Facility Change Order 15
RECOMMENDED ACTION:

Approve Change Order No. 15 for electrical modifications in the not to exceed amount of $9,295 (funding sources: Corp Yard AB1600 Fund, Enterprise Capital Funds, and General Capital Fund).

BACKGROUND:

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

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

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

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

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

1.4.B
Packet Pg. 126
At the September 12, 2023 City Council meeting, Council approved Change Order No. 5 in the not to exceed amount of $62,905 for various contract changes related to unforeseen field conditions, electrical design changes, and new Modesto Irrigation District (MID) requirements.

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

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

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

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

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

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

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

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

At the September 10, 2024 City Council meeting, Council approved Change Order No. 14 in the not to exceed amount of $7,289 for electrical modifications not shown on the original plans and the addition of rubber base board to bottom of the walls inside the shop.

DISCUSSION:

The Fleet Maintenance Facility Project has the following contract changes:

Additional electrical components necessary to power the wash stations, hood control panel and heater in the riser room not shown on the original drawings. The cost for this additional work is $8,510.

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Provide a 36” griddle in lieu of 24” griddle for the range/oven. Increasing to the 36” griddle will reduce the range burners from 6 down to 4 which is sufficient for the facility. The cost for this change is $785.

The additional work is to be billed at a cost not to exceed $9,295.

FISCAL IMPACT:

The attached Change Order No. 15 is in the amount of $9,295 and will be allocated to the Corp Yard AB1600 Fund (47.0%), Water, Sewer and Storm Enterprise Capital Funds (15.8%) and General Capital Fund (37.2%). The amended construction contract price is shown in Table 1.

Table 1 – Current Contract Price
Amount
Original Contract Price $ 11,156,000
Change Orders (1-15) $ 760,661.50
Current Contract Price $ 11,916,661.50
On December 13, 2022, City Council approved the total cost of the Fleet Maintenance Facility Project which included $1,115,600 for construction contingency. Change Order No. 1 did not utilize the project contingency because the work was performed at the Wastewater Treatment Plant disposal ponds. The total remaining contingency after subtracting Change Orders No. 2 through 15 is 643,560.50.

Attachments:

1. CO 15

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CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 15 DATE: 10/8/2024
PROJECT: Fleet Maintenance Facility Project SHEET 1 OF 1 SHEETS TO: Diede Construction, Inc.

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

Description Cost
Addition of the following items:

PC 156R1 - Additional power to CP-1, wash stations and hood control panel $6,118.00 PC 173R1 - Install new electrical circuit for heater in riser room $2,392.00 PC 175 - Provide 36" griddle in lieu of 24" griddle for range $785.00 Total: $9,295.00
Not to Exceed Cost: Increase
Approval Recommended: Date:

Approved: Date:

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

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

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

Change requested by the Engineer.

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

All work shall be in accordance with City Standards.

Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$9,295.00
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 3 Calendar Day

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Packet Pg. 129 Attachment: CO 15 (4417 : Fleet Maintenance Facility Change Order 15) 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: Professional Services Agreement - Condor Earth RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Condor Earth to prepare a Spill Prevention, Control, and Countermeasure (SPCC) Plan update for the City’s Fueling Station to include the new Fleet Maintenance Facility and provide the required SPCC training in the not to exceed amount of $7,300 (funding source: General Fund).

BACKGROUND:

The San Joaquin County Health Department requires the City’s SPCC Plan to be updated for the aboveground fuel tanks at the City’s fueling station every five years along with training.

Additionally, the new Fleet Maintenance Facility needs to be added to this plan due to the hazardous materials that will be stored there. Since the fueling station is adjacent to the Fleet Maintenance Facility, both facilities can be included in a single SPCC Plan rather than two separate plans.

DISCUSSION/ANALYSIS:

Condor Earth prepared our original SPCC Plan in January 2020. They have provided us with a proposal to update the plan and include the Fleet Maintenance Facility in a not to exceed amount of $6,000. There is an additional proposal to provide training to City staff as required for $1,300. This updated plan and training will provide staff the necessary guidance to safely respond to any hazardous spill that may occur at either of the facilities.

FISCAL IMPACT:

Not to exceed amount of $7,300 funded through the General Fund.

Attachments:

1. Professional Services Agreement - Condor Earth

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Professional Services Agreement - Page 1 of 7
City of Ripon Fueling Station and Fleet Facility 2024 SPCC Plan Update Condor Earth

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

CONDOR EARTH
This Agreement for Professional Services (“Agreement”) is entered into on, October 8, 2024 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Condor Earth (“Consultant”), (together sometimes referred to as the “Parties”).

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

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

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

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

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED $7,300 for all work described within the Cost Proposalsset forth in “Exhibit A” and “Exhibit B” and made a part of this Agreement.

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

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

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

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

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

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

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

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

3.4 Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

3.5 All Policies Requirements.

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

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

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

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

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

Section 5. STATUS OF CONSULTANT.

5.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent Contractor and shall not be an employee of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Section 6. LEGAL REQUIREMENTS.

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

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

6.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any sub-Consultants have all licenses, permits,

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qualifications, and approvals of whatsoever nature, that are legally required to practice their respective professions.

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

7.4.4 Charge Consultant for City's excess cost of completion of the unfinished work described in “Exhibit A” and “Exhibit B,” if any. City's excess costs shall be reimbursed by Consultant where City's reasonable cost of completion paid to another qualified new consultant exceeds the amount City would have paid to Consultant pursuant to Section 2 absent the material breach; provided, however that any such excess cost reimbursement shall not exceed 25% of Consultant's quoted price for any unfinished task. Thus, by way of example, if following a material breach by Consultant a specific task which is budgeted at $10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further

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example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

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

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

8.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the "Disclosing Party") may disclose confidential, proprietary or trade secret information (the "Information"), to the other party (the "Receiving Party"). The Receiving Party shall hold the Disclosing Party's Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Consultant understands that the City is a public entity and is subject to the laws that may compel it to disclose information about Consultant’s business.

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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

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

9.6 Notices.

Any written notice to Consultant shall be sent to:

Robert Job
President
Condor Earth
P.O. Box 3905
Sonora, CA 95370
Any written notice to the City shall be sent to:

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

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

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

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

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

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

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

CITY OF RIPON CONSULTANT
Leo Zuber, Mayor Robert Job, President
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney

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Packet Pg. 137 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 SPCC Support 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 conduct a site visit and prepare a Spill Prevention, Control, and Countermeasure (SPCC) Plan Update for City of Ripon located at 240 and 250 Doak Blvd., Ripon, California (Facility).

SCOPE OF WORK
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]. These regulations will be used in the development of the SPCC Plan update.

In the course of the SPCC Plan update, the engineer of record, or his representative, will conduct a site evaluation of your Facility described herein. The site evaluation will allow observations to be made of the current site conditions and if changes have been made at the Facility requiring updates to the SPCC Plan..

The elements of the SPCC Plan include:
• Discussion of conformance with federal regulations;
• Facility description;
• Discharge notification information and procedures;
• Potential spill predictions (volumes, rates, quantities and directions of flows); • Written inspection and/or test procedures;
• Personnel training requirements; and,
• Site security requirements.

The SPCC Plan update prepared by Condor will incorporate updates, regulatory interpretation, and good engineering practices including consideration of applicable industry standards. The SPCC Plan review page will be updated to document the site evaluation and amendments to the SPCC Plan. The SPCC Plan update may include requirements for improvements to spill prevention and control dictated by the regulations or Exhibit A

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by good engineering practices. Condor will also include a spill history, site photos, a proposed training documentation form, and a Certification of Applicability of Substantial Harm.

CITY OF RIPON PROJECT PARTICIPATION
City of Ripon will provide Condor with the following: a guided site tour by an individual with knowledge of oil storage locations; a description of the Facility and operations; a copy of the current emergency response/spill response plan; tank testing and inspection records; manufacturer’s information on the Facility tanks, information on past spills, fill and delivery systems, and any Facility tank storage devices; a current list of contractors who provide spill clean-up services; and available Facility Maps or Diagrams in an editable format (i.e., dwg).

CONDITIONS OF SERVICE

1. City of Ripon 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 conduct one site visit for the Facility described herein. The Facility site visit is estimated to take approximately 3 hours at Condor’s Associate Environmental Specialist rate.

4. Condor will provide a signed and stamped SPCC Plan Certification page.

5. City of Ripon is responsible for compliance with the existing SPCC Plan, fire codes, local ordinances, and other rules and regulations.

6. City of Ripon will implement recommendations developed from the SPCC Plan Update.

LIMITATIONS
The SPCC Plan will be written in general conformance with the Federal Oil Pollution Prevention regulations found in Title 40 of the Code of Federal Regulations Part 112 (40 CFR part 112) as of the date of preparation. This Proposal assumes the oil storage conditions are in compliance with the SPCC rule at the time of the site visit. No independent mechanical or integrity inspection of the oil systems and their operation, components, and features will be performed. This Scope of Work does not include review of compliance with state and local building, fire, or electrical codes.

City of Ripon is solely responsible for implementation of the SPCC Plan Update. The SPCC Plan Update will not be complete without full implementation of the requirements of 40 CFR Part 112 and Condor’s recommendations.

Condor will provide the services proposed herein subject to the following limitations:
• Confirming the accuracy and sufficiency of the data provided by others is beyond the scope of services provided by Condor.
• 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 Facility. • Condor does not accept liability for fines, penalties, and consequential damages (Condor’s professional liability insurance excludes coverage for fines, penalties and consequential damages).

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SCHEDULE AND COST
We are prepared to begin work upon authorization to proceed. Condor assumes no more than one site visit, estimated to take approximately 3 hours, will be conducted for the Facility described herein.

Our estimated fee for the Scope of Work described herein on a time-and-materials basis not to exceed $6,000. If we mutually agree that additional work beyond our stated scope of services is required, upon authorization, we will perform these services on a time-and-materials basis in accordance with the enclosed Schedule of Fees, and in addition to our estimate. Condor can provide a hard copy binder of the SPCC upon request for approximately $150 in addition to the estimated fee.

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

We appreciate the opportunity to present this Proposal to City of Ripon If you have any questions, please contact Ashley Adami 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
\\condor.corp\public\Project\8000_prj\8190 City of Ripon\8190B 2024 SPCC Update\Contracts_Proposals_CE\P 2024 SPCC Update.docx

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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: 8190B Invoice to: City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Name of Job: City of Ripon Fueling Station and Fleet Facility 2024 SPCC Plan Update Location of Job: 240 and 250 Doak Blvd., Ripon, California, 95366 Scope of Work: Condor will provide SPCC support as described in the attached Proposal dated September 19, 2024.

Fees to be Charged**: Time and materials basis not to exceed $6,000.

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 $5,000 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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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. 147 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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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.

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.

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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.
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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. 156 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. 157
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. 159

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. 160 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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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. 164 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: Jane Kilgore, Deputy City Clerk
Date: 10/08/2024
Subject: San Joaquin County Commission on Aging
RECOMMENDED ACTION:

Appoint Kate Schulenberg to the San Joaquin County Commission on Aging.

BACKGROUND:

The San Joaquin County Commission on Aging acts as an advisory body to the Board of Supervisors on all matters affecting seniors in San Joaquin County. Members serve for a period of three years and are expected to participate in regular meetings, as well as sub committees, as part of their duties. Members of the Commission on Aging are appointed by the City Council of each incorporated municipal entity within San Joaquin County and serve for a period of three years.

After the recent resignation of the City’s representative, the City advertised for residents who are interested in serving in this role to submit an application. On September 19, 2024, Mayor Zuber interviewed interested individuals and is recommending the City Council appoint Kate Schulenberg to the San Joaquin County Commission on Aging to represent the City of Ripon.

Packet Pg. 165
RESOLUTION NO. 24-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON CERTIFYING THE APPOINTMENT TO THE SAN

JOAQUIN COUNTY COMMISSION ON AGING
WHEREAS, Philip Lang has resigned from the San Joaquin County Commission on Aging after serving for 6 years; and
WHEREAS, the City of Ripon is desirous making a new appointment to the San Joaquin County Commission on Aging; and
WHEREAS, the City of Ripon advertised for applications to serve on said Commission and conducted interviews of interested residents; and
WHEREAS, the Mayor is recommending that Kate Schulenberg serve on the San Joaquin County Commission on Aging as the City of Ripon representative.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon as follows:

1. Kate Schulenberg is appointed to the San Joaquin County Commission on Aging.

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:

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

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

By: ___________________________
LISA ROOS, City Clerk
Packet Pg. 166
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 10/08/2024
Subject: Jack Tone Golf Lease

RECOMMENDED ACTION
Approve and authorize the Mayor to sign the Lease Agreement between the City of Ripon and Sierra Golf Management, Inc for the Jack Tone Golf Course.

BACKGROUND
On January 1, 1996, the City of Ripon and George & Sharon Buzzini (“Lessee”) entered into an agreement to lease 72 acres of City of Ripon owned property to develop, operate, and maintain the Jack Tone Golf Course. Under the terms of the lease, the Lessee was responsible for developing and constructing the golf course using private funds, and to operate the golf course for a term of 29 years with George Buzzini, because of his unique experience, specifically named as the Golf Course Manager. The current lease expires on December 31, 2024.

The original lease specified that rent would be paid to the City based upon 8% of gross receipts, as defined in the lease, or a minimum of $2,000 per month. In 2008, the City Council approved a resolution that modified the rent structure because of various financial difficulties that were experienced by the Lessee, which led to deferred capital improvements of the golf course. This policy continues to collect 8% of all gross receipts as rent, but with the 2008 resolution, directs a portion of that rent to a Golf Course Capital Improvement Account in order to financially assist the Lessee in making upgrades to the golf course so that it would not fall into disrepair.

The Lessee could use the funds in this account to fund 50% of the cost for “Long-term Capital Improvements” of the golf course that are permanent in nature, such as new holes, replacement or improvement of greens, fairways, tee boxes, water features, or other capital improvement expenditures approved by the Golf Course Capital Improvement Committee. In addition to the Long-term Capital Improvements, the funds in the Capital Improvement Account could be used for 100% of the “Emergency Improvements and Repairs” to restore the golf course in the event of a flood, or other “Acts of God”.

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Since this account was established in 2008, the Lessee has only utilized $28,420 for Long-term Capital Improvements and $190,572.73 for Emergency Improvements and Repairs, as summarized in the table below:

Table 1
Summary of Funds Expended from City of Ripon Capital Improvement Account Year Long-Term Capital Improvements a Emergency Improvements and Repair b Amount Description Amount Description
2014 $19,500 Well Pump and Motor Purchase
2016 $28,420 Irrigation System
2017 $165,000 Flood Repairs
2019 $6,072.73 Flood Repairs
Notes:
a. 50% of the expenses were paid through the City Golf Course Capital Improvement Account, the remaining portion by Lessee. b. 100% of the expenses were paid through the City Golf Course Capital Improvement Account.

The balance in the City of Ripon Capital Improvement Account as of July 1, 2024 is $607,831.

In late 2021, George Buzzini requested the City of Ripon assign the lease to Jack Tone Golf, LLC, a company whose ownership includes George Buzzini and his son, Vincent Buzzini. The City of Ripon did not complete this assignment because of an on-going legal challenge from Tim Norris, a family member of George Buzzini. At this time, George Buzzini is no longer operating as the Golf Course Manager as he has relocated to Southern California.

DISCUSSION
The City of Ripon released a Request for Proposals on May 30, 2024 and sealed responses were due by 2:00 pm on July 23, 2024. Three proposals were received, as described below:

Table 2
Proposals Received for Jack Tone Golf 2025 Lease
Proposer Company Address Years in
Business
#
Employees
Golf Course Manager
Jack Tone Golf, LLC 74133 El Paseo Suite #10
Palm Desert, CA 92260
3* 21 Vincent Buzzini
Sierra Golf
Management, Inc
PO Box 788
Chowchilla, CA 93610
31 437 Chad Jackson
CourseCo 5341 Old Redwood Hwy, Ste 202
Petaluma, CA 94954
35 24 TBD
*Jack Tone Golf, LLC is owned by Vincent Buzzini and George Buzzini, who was the original Jack Tone Golf lessee since 1996.

The scoring committee, which consisted of 4 members, reviewed the proposals received and visited golf courses currently being operated by Jack Tone Golf, LLC and Sierra Golf Management, Inc. Sierra Golf Management, Inc was identified as the most qualified proposer.

A summary of the scoring is attached as Attachment A.

It is recommended that the Jack Tone Golf Course 2025 lease be awarded to Sierra Golf Management, Inc, with the terms summarized below:
 Term: 15 years beginning January 1, 2025 with two 5 year options.  Rent: 9% of gross receipts.

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 Capital Improvement Account: A portion of the rent shall be transferred to a capital improvement account that allows the Operator to use the funds for Long-term Capital Improvements to fund 50% of the cost of improvements that are permanent in nature and Emergency Improvements and Repairs without a need to match the funds.  Golf Course Manager: Position to be in active control of the daily operations of the course. Individual assigned to this role to be approved by the City.  Standards to Operate and Maintain Golf Course: A list of golf courses that represent the standards to operate and maintain Jack Tone Golf Course are listed, which includes Micke Grove Golf Course, The Reserve at Spanos Park Golf Course, La Contenta Golf Club, Manteca Municipal Golf Course, and River Oaks Golf Course.

FISCAL IMPACT
Over the last three fiscal years, the Jack Tone Golf Course rent resulted in an average of $58,215 and $68,000 deposited each year to the City’s General Fund and the Golf Course Capital Improvement Account, respectively.

The 2025 Jack Tone Golf Course lease represents minimal fiscal impact to the City as compared to the current lease. As previously mentioned, the current Lessee rent is 8% of gross revenue, which is split by formula between the Golf Course Capital Improvement Account and the City’s General Fund. The proposed 2025 lease increases the rent to 9% of gross revenue, which is split by formula similar to current lease. The proposed 2025 lease is projected to increase the amount received by $15,500 per year.

Attachments:

1. Attachment A - Scoring Summary

2. 2025 Jack Tone Golf Lease Agreement

3. 2025 Lease Agreement Exhibits
Packet Pg. 169

ATTACHMENT A
SCORING SUMMARY - Jack Tone Golf Course Lease Proposals CourseCo.

Sierra Golf
Mgmt
Jack Tone
Golf, LLC Summary:

Overall Experience of Firm (30 max)
Evaluation includes an assessment of such items as the history of the company, experience as it relates to the requirements within this RFP, evidence of past performance, and the experience of the proposed Golf Course Manager.

26.0 28.3 24.5

1. Sierra Golf Mgmt, Inc took over Micke Grove golf course (within 5 years) that required a signficant amount of deferred maintenance and not only improved the playability of the course, but also expanded uses (e.g., hit trax on driving range).2. The golf course manager is to be in active control of daily operations of the course. The current Jack Tone Golf Course Manager (George Buzzini) has moved to southern California and has limited involvement in Jack Tone GC operations. The golf course manager proposed by Jack Tone Golf, LLC for the 2025 lease also lives in Southern California.

Capital Impvt Plan (25 max)
Evaluation will include plan to make capital improvements to the golf course and other facilities that increase the financial performance of the Complex.

3.8 20.8 19.8

1. CourseCo did not provide a plan.2. As the current operator, Jack Tone Golf, LLC's proposal was focused on handling deferred maintenance and was geared more towards continuing the status quo. Although Jack Tone Golf, LLC did include a new cafe and proshop, JTG LLC's proposal did not address the condition of the greens themselves as thouroughly as Sierra Golf Mgmt, Inc. Sierra's proposal included some creative new approaches to operations, marketing, maintenance, and food/beverage.

Cost Effectiveness (20 max)
The maximum services are provided in relation to the fee structure proposed, value of overall project, and if the budget is reasonable and appropriate.

13.8 17.8 16.5

1. CourseCo lacks specificity and detail for this project.2. Micke Grove GC (par 72, 6,565 yard golf course) cost $48 during prime time to play 18 holes and Jack Tone GC (par 62, 3,700 yard golf course) is $29 for the same prime time. SGM noted during the Micke Grove site visit that they do not anticipate increasing green fees for Jack Tone GC.

Scope of Work (15 max)
Evaluation will include an assessment of the quality of proposed strategies, creativity, detail of plan and related items.

7.5 12.8 10.8 1. CourseCo lacks specificity and detail for this project. Jack Tone Golf, LLC is lacking creativity, especially in marketing, pro shop and food/beverage service.

References (10 max)
References will be checked and will be used to assist in determining the Proposer’s ability to perform the services as requested in the RFP; they should be aware that City will be contacting them; and, that the City may tour their referenced facility.

7.5 7.5 6.8

1. During the course visits, it appeared Jack Tone GC had a significant amount of deferred maintenance. The playing conditions at Micke Grove GC were better, even with a higher number of rounds being played. 2. Jack Tone GC had a large pile of wood from trees that were removed from the golf course years ago that is still stockpiled on the property. Also, portions of the golf course grass was dead.

Total 58.5 87.0 78.3
a
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Attachment: Attachment A - Scoring Summary (4381 : Jack Tone Golf Lease)

AGREEMENT FOR THE LEASE
AND

OPERATION OF THE JACK TONE ROAD GOLF COURSE
by and between

CITY OF RIPON
(“City”)
And
SGM, Inc, a California Corporation
(“Operator”)
b
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TABLE OF CONTENTS
Page
ARTICLE 1 FACILITIES ..........................................................................................................- 1 -

1.1 The Property........................................................................................................- 1 -

1.2 Personal Inspection .............................................................................................- 1 -

1.3 Status of Title......................................................................................................- 2 - ARTICLE 2 TERM.....................................................................................................................- 2 -

2.1 Term....................................................................................................................- 2 -

2.2 Agreement Year..................................................................................................- 2 - ARTICLE 3 RENT .....................................................................................................................- 2 -

3.1 Base and Percentage Rent...................................................................................- 2 -

3.2 Payment to City...................................................................................................- 3 -

3.3 Gross Receipts ....................................................................................................- 3 -

3.4 Excluded from Gross Receipts............................................................................- 3 -

3.5 No Deductions ....................................................................................................- 4 -

3.6 Place of Payment.................................................................................................- 4 -

3.7 Payment and Late Charge ...................................................................................- 4 -

3.8 Accounting Records............................................................................................- 5 -

3.9 Audit ...................................................................................................................- 5 -

3.10 Recordation of Sales...........................................................................................- 5 -

3.11 Rent Net to City ..................................................................................................- 6 - ARTICLE 4 USE OF CAPITAL IMPROVEMENT ACCOUNT FUNDS ...............................- 6 -

4.1 General................................................................................................................- 6 -

4.2 Request of Funds for Long Term Capital Improvements.. .................................- 6 -

4.3 Request of Funds for Emergency Improvements and Repairs. ..........................- 6 - ARTICLE 5 ALTERATIONS, MAINTENANCE, REPAIR AND REPLACEMENT.............- 6 -

5.1 General................................................................................................................- 6 -

5.2 Alterations...........................................................................................................- 7 -

5.3 Construction Requirements.................................................................................- 7 - ARTICLE 6 USE OF PREMISES..............................................................................................- 7 -

6.1 Golf Course Use..................................................................................................- 7 -

6.2 Scope and Quality of Operations........................................................................- 8 -

6.3 Golf Fees and Prices ...........................................................................................- 8 - b
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6.4 Environmental Matters........................................................................................- 8 - ARTICLE 7 TAXES, ASSESSMENTS AND UTILITIES .....................................................- 11 -

7.1 Taxes and Assessments.....................................................................................- 11 -

7.2 Payment Before Delinquency ...........................................................................- 12 -

7.3 Contest of Tax...................................................................................................- 12 -

7.4 Tax Hold-Harmless...........................................................................................- 12 -

7.5 Payment by Nonresponsible Party....................................................................- 12 -

7.6 Utilities..............................................................................................................- 12 -

7.7 Signs and Promotions .......................................................................................- 12 -

7.8 Clubs.................................................................................................................- 13 - ARTICLE 8 INDEMNITY AND INSURANCE .....................................................................- 13 -

8.1 Indemnity Agreement .......................................................................................- 13 -

8.2 Liability Insurance ............................................................................................- 13 -

8.3 Fire and Property Insurance ..............................................................................- 14 -

8.4 Business Interruption ........................................................................................- 14 -

8.5 Deposit of Insurance with City .........................................................................- 14 -

8.6 Notice of Cancellation of Insurance .................................................................- 14 -

8.7 Business Automobile Liability Insurance. ......................................................- 14 -

8.8 Workers’ Compensation Insurance...................................................................- 15 -

8.9 Exclusion from Indemnity ................................................................................- 15 -

8.10 Insurance Coverage Adjustments .....................................................................- 15 -

8.11 Sub-Tenants ......................................................................................................- 15 - ARTICLE 9 PERSONNEL.......................................................................................................- 15 -

9.1 Employees.........................................................................................................- 15 -

9.2 Nondiscrimination.............................................................................................- 15 -

9.3 Independent Contractor.....................................................................................- 16 -

9.4 Golf Course Manager........................................................................................- 16 -

9.5 Other Employees. ............................................................................................- 16 - ARTICLE 10 ASSIGNMENT..................................................................................................- 16 -

10.1 Intention of the Parties......................................................................................- 16 -

10.2 No Assignment Without City’s Consent...........................................................- 17 -

10.3 Permitted Subletting..........................................................................................- 17 -

10.4 Change in Ownership Control ..........................................................................- 17 - b
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10.5 Liens and Encumbrances ..................................................................................- 17 - ARTICLE 11 EVENTS OF DEFAULT...................................................................................- 18 -

11.1 Events of Default ..............................................................................................- 18 -

11.2 Right of Termination Upon Default..................................................................- 18 -

11.3 City’s Remedies................................................................................................- 18 - ARTICLE 12 GENERAL PROVISIONS ................................................................................- 20 -

12.1 Time of Essence; Breach ..................................................................................- 20 -

12.2 Waiver of Breach ..............................................................................................- 20 -

12.3 Total Taking......................................................................................................- 20 -

12.4 Partial Taking....................................................................................................- 21 -

12.5 Eminent Domain Award ...................................................................................- 21 -

12.6 Entry and Inspection by City ............................................................................- 21 -

12.7 Abandonment....................................................................................................- 21 -

12.8 Attorneys’ Fees/Legal Costs.............................................................................- 21 -

12.9 Successors and Assigns.....................................................................................- 21 -

12.10 Prevailing Wage................................................................................................- 21 -

12.11 Amendments to Agreement ..............................................................................- 22 -

12.12 Notices to City ..................................................................................................- 22 -

12.13 Notices to Operator...........................................................................................- 22 -

12.14 Authority to Enter Agreement ..........................................................................- 22 -

12.15 Memorandum of Agreement for Recording .....................................................- 22 - b
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AGREEMENT FOR THE LEASE AND OPERATION
OF THE

JACK TONE GOLF COURSE
THIS LEASE AGREEMENT (“Agreement”) is entered into effective January 1, 2025 (the “Effective Date”) by and between the City of Ripon, a political subdivision of the State of California (hereinafter referred to as “City”), and SGM, Inc, a California Corporation (hereinafter referred to as “Operator”).

RECITALS
WHEREAS, City is the owner of the real property described in Exhibit “A” attached hereto and made a part hereof (the “Land”);
WHEREAS, City and Operator desire to enter into an agreement whereby Operator will lease and be responsible for the operation, maintenance and improvement of the Jack Tone Golf Course in a manner consistent with the goals of City and in accordance with the terms and conditions of this Agreement;
WHEREAS, it is the intention of City to provide for a continuation of professional services to the public at the Jack Tone Golf Course;
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth herein, the parties hereto and each of them do agree as follows:

ARTICLE 1

FACILITIES

1.1 The Property. The property leased under this Agreement consists of the Land located at 1500 Ruess Road in Ripon, California (APN 257-300-20) with a developed 18-hole executive golf course, parking lot, irrigation well, practice area, club house, gazebo, and cart barn (collectively the ‘‘Property” and or the “Premises”). Personal Inspection. Operator acknowledges personal inspection of the Land and the surrounding area and evaluation of the extent to which the location and/or physical condition thereof will affect the operations of the Property subject to any warranties set forth in this Agreement. Operator accepts the Land in its present physical condition, and agrees to make no demands upon City for any improvements or alteration thereof, and, except as provided herein, City makes no warranties whatsoever concerning the condition of the land, soil, availability of water or utilities, except as provided herein. Operator accepts all aspects of the Land including, without limitation:
(a) the existing, adjoining City owned sewer ponds and any and all conditions related to their existence and operation, including but not limited to odor which may emanate from the ponds from time to time;
(b) the soils conditions;
b
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(c) adjacent river conditions which may result in seepage of water into the golf course during high water levels from time to time; (d) City is not aware of any Americans with Disabilities Act (ADA) claims; (e) water availability for irrigation via an on-site irrigation well; and (f) any and all existing and future ordinances, statutes and regulations.

Operator acknowledges that, except as otherwise set forth in this Agreement, City has made no representations of any nature whatsoever, express or implied, to Operator with regard to the Land for Operator’s purposes.

1.3 Status of Title. Title to the leasehold estate created by this Agreement is subject to all the exceptions, easements, rights, rights of way, and other matters of record set forth on the Preliminary Title Report issued by First American Title Company, dated November 3, 1995, Number 129545-CA, copy of which is attached as Exhibit “B”.

ARTICLE 2
TERM

2.1 Term. The term of this agreement shall be for a period of fifteen (15) years (“Initial Term”) beginning on January 1, 2025, and ending December 31, 2039, unless sooner terminated in the manner and under the conditions herein provided. The Operator shall have the right to extend the Initial Term for two (2) additional five year (5) periods with all terms and conditions set forth herein, upon written notice to the City no less than one hundred twenty (120) days prior to the commencement of the applicable extension period.

2.2 Agreement Year. For the purposes of this Agreement, each Agreement year shall begin on January 1 and end on December 31.

ARTICLE 3
RENT

3.1 Base and Percentage Rent. During each Agreement year and at the times prescribed herein, Operator shall pay to City as rent under this Agreement the greater of the Base Rent or the Percentage Rent, as hereinafter provided.
(a) Percentage Rent. The Percentage Rent shall be nine percent (9%) of the Gross Receipts, as defined below.
(i) The Percentage Rent received by the City shall be deposited into the Jack Tone Golf Capital Improvement Account as follows: 8% of first $500,000 in gross receipts, 7% of next $100,000 in gross receipts, 6% of next $100,000 in gross receipts, 5% of next $100,000 in gross receipts, 4% of next $100,000 in gross receipts, 3% of next $100,000 in gross receipts, 2% of next $100,000 in gross receipts, 1% of next $100,000 in gross receipts. (b) Base Rent. The monthly Base Rent shall be Two Thousand Dollars ($2,000.00).
b
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3.2 Payment to City. The Base Rent shall be paid monthly in advance. A Statement of Gross Receipts for each calendar quarter of each Agreement year shall be submitted by Operator to the City within fifteen (15) days of the end of the calendar quarter. If the percentage of the Gross Receipts due for the quarter is greater than the Base Rent paid during such quarter, a payment by Operator for the difference will accompany the delivery of the statement.

3.3 Gross Receipts. The term “Gross Receipts”, as used herein, shall mean the total of:
(a) All money, cash receipts, assets, property or other things of value, including but not limited to: gross charges, lesson fees or charges, sales, rentals, fees and commissions made or earned by Operator and/or all the assignees, sublessees, permittees or concessionaires thereof, whether collected or accrued from any business, use or occupation, or any combination thereof, originating, transacted, or performed in whole or in part, on the Premises, including but not limited to rentals, the rendering or supplying of services and the sale of goods, wares or merchandise; and
(b) all admission, entry, and other fees of any nature or kind charged by Operator, its agents, sublessees, concessionaires or licensees (including non-refundable deposits); and
(c) all sums deposited in any coin-operated vending machine or other device maintained on the Property, regardless of the ownership of the machine or device, or whether such sums are removed and counted by Operator or others, and regardless of what percentage thereof Operator is entitled to receive; and
(d) all rents received by Operator for any use of the Property including for office purposes; and
(e) proceeds from business interruption insurance, loss of earnings insurance, or other insurance of a similar kind. Except for reduced sales in the ordinary course of business each charge or sale on installment or credit or at no cost or at reduced cost is to be treated as a sale for the full price in the month during which the charge or sale is made, irrespective of the time when Operator receives payment. Except as specifically provided below, Gross Receipts reported by Operator must include the full usual charges for any services, goods, rentals or facilities provided by Operator or its sublessees, assignees, licensees, concessionaires or permittees.

3.4 Excluded from Gross Receipts. “Gross Receipts” shall exclude:
(a) All sums or credits received in settlement of claims for loss or damage to unsold merchandise.
(b) All gift certificates and gift cards issued by Operator. (c) In the ordinary course of business, proceeds from sale or trade-in value of any furniture, furnishings or equipment used by Operator, its sublessees, concessionaires, licensees, and others under contract with Operator.
b
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(d) In the ordinary course of business merchandise sold at Operator’s cost to independent golf shops.
(e) Sales and use taxes, consumers’ excise taxes and other similar taxes now or in the future imposed on the sale of goods or services and collected from the customers separately from the goods or services and paid directly to the imposing agency by the Operator. (f) All deposits accepted and treated as a (i.e., liability according to generally accepted accounting principles security deposit on a sublease or deposits on lockers) as opposed to rent.
(g) Casualty insurance proceeds provided all proceeds are reinvested in the Premises.
(h) There may be deducted from Gross Receipts if the amount has previously been included in the Gross Receipts reported:
(i) All credits or refund made to customers, guests or patrons; and (ii) Bad debts actually incurred and charged off by Operator. There shall, however, be no deduction for bad debts based on past experience or transfers to a bad debt reserve. Subsequent collection of bad debts previously not reported as Gross Receipts shall be included in Gross Receipts at the time they are collected.

3.5 No Deductions. Except as specifically provided herein, there shall be no deduction from Gross Receipts for any overhead or cost or expense of operations, such as, but without limitation to management fees, salaries, wages, costs of goods, interest, debt amortization, credit, collection costs, discount from credit card operations, insurance and taxes.

3.6 Place of Payment. All rent shall be paid to City or such other place or places as City may from time to time designate by written notice given to Operator.

3.7 Payment and Late Charge. The Base Rent monthly payment shall be due and payable in advance on or before the first day of the calendar month. The Percentage Rent quarterly payment, pursuant to Section 3.2, shall be due and payable within fifteen (15) days of the end of the calendar quarter to which such payments relate.
(a) If City does not receive all payment due hereunder within fifteen (15) business days of the due date, a late charge of five percent (5%) of the amount due shall become due and payable in addition to the amounts due. The parties agree that the late charge is to reimburse the City for administrative costs in processing late payments. Such costs include, but are not limited to, processing and accounting costs, lost interest and costs incurred if the income stream generated by this Agreement is not available to meet City obligations. The parties agree that this late charge represents a fair and reasonable estimate of the costs and expenses that City will incur as a result of the late payment by Operator and that such payment is a reasonable liquidated damage payment and not a penalty.
b
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(b) Base Rent monthly payments and quarterly Percentage Rent payments and other amounts due which are not paid when due shall bear simple interest commencing thirty (30) days after the due date at the rate of ten percent (10%) per annum.

3.8 Accounting Records. Operator shall keep in the County of San Joaquin true and accurate books and records showing all transactions of the business at the Property. The quarterly statement of Gross Receipts to be provided by Operator to the City shall set forth the source of revenues and other information as the City may reasonably require, and also shall set forth the items which have been deducted from Gross Receipts in accordance with the provisions of Section 3.4. Such statement shall be submitted by Operator to City together with the payment within the time period specified in Section 3.7 . In addition to the quarterly statements, Operator shall deliver to City a report within sixty (60) days of the end of each Agreement year which will set forth the Gross Receipts of City from the Property. Each statement and report shall be certified by Operator to be true and correct.

City shall have the right, at reasonable times, after receipt of each report to inspect Operator’s books and records with respect to the Gross Receipts of Operator including items Operator may have claimed as exclusions pursuant to Section 3.4. All books, records, and accounts of every kind or nature kept by the Operator relating to the operation of the Golf Course shall be maintained and safeguarded by Operator for three (3) years from the date of the latest entry into such book, record or account.

3.9 Audit. Once each Agreement Year, City shall have the option, in its sole discretion, of requiring Operator to provide an audited Statement of Gross Receipts including all exceptions, exclusions and deductions issued by a Certified Public Accountant at Operator’s cost. The audited Statement of Gross Receipts, if required, shall be completed and submitted to City within sixty (60) calendar days of City’s written request to Operator. The City shall also have at reasonable times and upon reasonable notice the option of performing a special audit itself or by a third party retained by City on any or all books, records, and accounts of the Operator for the current year or any of prior three (3) years for the purpose of determining Gross Receipts. If such audit by City shows that the percentage rent payment due to City for the Agreement year being audited is greater than the amount reported and paid by the Operator by at least one percent (1%), Operator shall pay the full costs of the audit in addition to the full amount of the underpayment which was demonstrated by such audit together with interest on the amount of underpayment all of which shall be due and payable within ten (10) business days after the audit report is furnished to the Operator.

3.10 Recordation of Sales. All sales and charges shall be recorded by sales invoices, tickets, or cash registers which display to the customer the amount of the transactions and either physically or automatically issue receipts certifying the amounts recorded. The approved forms or devices used in the recording of cash or charge sales transactions are as follows:
(a) Cash Registers. Cash registers shall display to the customer the amount of each transaction. The register shall be equipped with dual tapes which provide a receipt to customers and which provide a record of each transaction. Each register shall lock in sales totals and transaction records and use counters which are not resettable and which record on tapes the transaction numbers and sales details. Operator shall record cash register readings at the beginning and end of each business day.
(b) Cash Receipt and Charge Sales Books. Cash receipt and charge sales books shall be prenumbered by the manufacturer, and the amount of each transaction, including b
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sales tax, shall be recorded on the original and all copies. The customer shall be given the original copy of the sales receipt that clearly records the total amount of the transaction. Sales shall be recorded consecutively, and the beginning and ending number of the receipt books shall be recorded at the end of each business day.

3.11 Rent Net to City. It is the intention of the parties that the rents to be paid to City under this Agreement shall be absolutely net and that City shall receive the rents free, from the obligation to pay any sums whatsoever, including without limitation, taxes, insurance, repairs, maintenance or improvements.

ARTICLE 4

USE OF CAPITAL IMPROVEMENT ACCOUNT FUNDS

4.1 General. Operator may make use of Jack Tone Capital Improvement Account funds in making capital improvements to the golf course. There shall be two categories of Capital Improvements, designated as “Emergency Improvements and Repairs” and “Long Term Capital Improvements”.

4.2 Request of Funds for Long Term Capital Improvements. The term “Long Term Capital Improvements” shall include capital improvements of a permanent nature, including the construction of new holes, replacement of improvement of greens, fairways, tee boxes, water features, buildings, structures, or other capital improvement expenditures approved by the City. This shall not include routine maintenance, equipment, or supplies.
(a) The allocation of funds for Long Term Capital Improvements shall fund 50% of the cost of the capital improvement project.
(b) Operator may request that funds in the Jack Tone Golf Capital Improvement Account be allocated to Long Term Capital Improvements on the golf course by making application to the Recreation Director. The allocation of funds shall be approved by the City Council.

4.3 Request of Funds for Emergency Improvements and Repairs. The term “Emergency Improvements and Repairs” shall include repairs and restoration of the golf course in the event of flooding or other “Acts of God” or resolving ADA claims. (a) The allocation of funds for Emergency Improvements and Repairs do not require matching funds by the Operator.
(b) Operator may request that funds in the Jack Tone Golf Capital Improvement Account be allocated to Emergency Improvements and Repairs on the golf course by making application to the Recreation Director. The allocation of funds shall be approved by the City Council.

ARTICLE 5

ALTERATIONS, MAINTENANCE, REPAIR AND REPLACEMENT

5.1 General. Operator, at Operator’s sole cost and expense, shall furnish all labor, materials and equipment to maintain the Property, and all facilities, improvements and equipment thereon, in good repair and condition. Operator shall be obligated to maintain, repair, refurbish and replace, when b
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necessary, the Property and all facilities, improvements and equipment to operate the Property as a high quality publicly owned executive golf course with a pro-shop, driving range, snack bar, to a standard reflected by the courses shown on Exhibit “C” as revised from time to time. Operator acknowledges that extensive repairs and replacements will be required during the term of this Agreement and Operator acknowledges that he has entered this Agreement with the understanding that he is undertaking the responsibility to assure continuing quality of operation at his cost. Operator agrees to meet the maintenance and operations standards and criteria of the courses set forth in Exhibit “D”, attached hereto and incorporated herein by reference.

5.2 Alterations. Except for non-structural repairs or alterations having a cost of less than Fifty Thousand Dollars ($50,000.00), Operator shall not make any repair, alteration, addition or improvement on or to the Property unless City has approved, in writing, such work. At the time Operator requests City approval, Operator shall deliver to City the following:
(a) Plans and specifications for the proposed work prepared by a licensed professional.
(b) Operator’s schedule for commencement and completion of the work. (c) The name of Operator’s general contractor.
(d) Operator’s source of funds for payment for the work. (e) Any other information reasonably requested by City.

5.3 Construction Requirements. All construction by the Operator on the Property shall conform with all of the following:
(a) All proper permits and governmental consents shall be obtained prior to the commencement of construction.
(b) All work shall be done by licensed contractors.
(c) All work shall be done in a good and workmanlike manner with new materials suitable for the purpose for which they are used. (d) All work shall be done in substantial compliance with the approved plans and specifications.
(e) All work shall be done in a timely manner and in substantial compliance with the approved time schedule.

ARTICLE 6

USE OF PREMISES

6.1 Golf Course Use. The Property may be used for golf course and purposes incidental to golf course uses only. Uses incidental to golf course include: snack bar, driving range, pro shop, golf b
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instruction, and both power and hand cart rentals. No other uses shall be made of the Property without prior written consent of City, which may be given or withheld, in the sole discretion of City.

6.2 Scope and Quality of Operations.
(a) Operator covenants to operate the golf course, weather excepting, every day of the year except Christmas with the following hours of operation: (a) during standard time from 7:00 a.m. to 5:00 p.m.; (b) during daylight savings time from 6:30 a.m. to 7:00 p.m.; and (c) with extension of said hours allowed with operator’s discretion. Operator may close at other times as are mutually agreed upon by the City and the Operator. Other closures for emergency causes or tor inclement weather are also approved by this Agreement. Any closures that are mutually agreed upon by the City and Operator other than emergency or for cause, shall be posted for public notice for a mutually agreed upon time period which will normally be a minimum of two weeks.
(b) Operator shall, at all times, operate the Property and conduct all operations therein in a good businesslike manner and incident thereto render to the public using said facilities, good quality products, and efficient and courteous service. Operator will be or will employ the services of an experienced, reputable, qualified golf course manager who can and does meet the requirements of this Agreement.

6.3 Golf Fees and Prices.
(a) The Property shall be open to the public at fees that are not in excess of the usual and customary fees for such activities as may be charged in San Joaquin and Stanislaus Counties. Green fees for Ripon residents shall be at least ten percent (10%) lower than those for non-residents.
(b) The prices to be charged by Operator for all services, food and beverages shall be fair and reasonable. City shall have the right to require Operator to provide a written explanation supporting the prices charged to be fair and reasonable. (c) Operator shall not increase the 2024 green fees, cart rentals, or driving range fees for the first year of this Agreement.

6.4 Environmental Matters.
(a) Definitions.

As used in this Agreement, the following items shall have the following meanings:

Hazardous Materials: Means any hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any “hazardous substances,” “hazardous wastes,” “hazardous materials,” or “toxic substances” under any Hazardous Materials Laws.

Hazardous Materials Claims: Any and all enforcement., cleanup, removal, remedial or other governmental or regulatory actions, agreements or orders threatened, instituted or completed pursuant to any Hazardous Materials Laws, together with all claims made or b
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threatened by any third party against the Operator of the Premises relating to damage, contribution, cost recovery compensation, loss or injury resulting from the presence, release or discharge of any Hazardous Materials.

Hazardous Materials Laws: Any federal, state or local laws, ordinances, regulations or policies relating to the environment, health and safety, any Hazardous Materials (including, without limitation, the use, handling, transportation, production, disposal, discharge or storage thereof) or to industrial hygiene or the environmental conditions on, under or about the Premises, including, without limitation, soil, groundwater and indoor and ambient air conditions. (b) Conditions of the Premises. The Parties acknowledge that the Premises has been operated as a public golf since 1996 and that prior thereto, the City acquired the subject property in 1988 and that prior thereto, the Premises had been used for agricultural purposes. The parties further acknowledge that the City has not made, nor has it caused to be made, any inspections or assessments of the Property. The City hereby represents and warrants that to the best of its current actual knowledge, that the Premises are free from Hazardous Materials, and no portion of such land is subject to federal, state or local regulation or liability because of the presence of stored, leaked or spilled petroleum products, waste materials or debris, “PCB’s” or PCB items (as defined in 40 C.F.R. §761.3), underground storage tanks, “asbestos” (as defined in 40 C.F.R. §763.63) or the past or present accumulation, spillage or leakage of any such substance. The City shall not create any lien upon the Premises imposed pursuant to any Hazardous Materials Law which arises from the condition of the Premises prior to the effective date of this Agreement.
(c) Remediation. If it should be determined that the Premises is in violation or noncompliance with any Hazardous Materials Laws as a result of circumstances or acts relating to Hazardous Materials, underground storage tanks, or any other material referenced in Section herein, which occurred on or before the effective date of this Agreement, then the City shall, at its own expense, promptly take any and all necessary remedial action to correct or respond to the environmental condition; provided, however, that the City shall take such remedial action in good faith so as to minimize any impairment to the Premises and the golf course business in operation thereon. If it should be determined that the Premises is in violation or noncompliance with any Hazardous Materials Laws as a result of circumstances or acts relating to Hazardous Materials, underground storage tanks, or any other material referenced in Section 6.4(b) herein, which occurred on or after the effective date of this Agreement, then the Operator shall, at its own expense, promptly take any and all necessary remedial action to correct or respond to the environmental condition; provided, however, that the Operator shall take such remedial action in good faith so as to minimize any impairment to the Premises and the golf course business in operation thereon. In the event any such remedial action is undertaken such action shall be in compliance with all applicable federal, state and local laws, regulations, rules, ordinances and policies, and be in accordance with the orders and directives of all federal, state and local governmental authorities.
(d) Compliance with Environmental Laws. Operator shall at all times and in all respects comply with all Hazardous Materials Laws.
b
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(e) Hazardous Materials Handling. Operator shall at its own expense procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Operator’s use of the Premises, including, without limitation, discharge of (appropriately treated) materials or wastes into or through a sanitary sewer serving the Premises. Operator shall in all respects handle, treat, deal with and manage any and all Hazardous Materials in, on, under or about the Premises in total conformity with all applicable Hazardous Materials Laws and prudent golf course industry practices regarding management of such Hazardous Materials.
(f) Indemnification by Operator. Operator shall indemnify, defend (by counsel reasonably acceptable to City) protect and hold City and each of City’s employees, attorneys, agents, successors and assigns, free and harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and expenses (including, without limitation, reasonable attorneys’ fees and costs and expenses of investigation) or death of or injury to any persons or damage to the Premises of any property whatsoever, arising from or caused in whole or in part, directly or indirectly, by
(i) the presence in, on, under or about the Premises due to a discharge in or from the Premises of any Hazardous Materials or Operator’s use, analysis, storage, transportation, disposal, release, threatened release, discharge, or generation of Hazardous Materials to, in, on, under, about or from the Premises, or which occurred after the effective date of this Agreement.
(ii) Operator’s failure to comply with any Hazardous Materials Law relating to Operator’s actions which occurred after the effective date of this Agreement.

Operator’s obligations hereunder shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary repair, cleanup or detoxification or decontamination of the Premises or Building, and the preparation and implementation of any closure, remedial action or other required plans in connection therewith, and shall survive the expiration or earlier termination of the term of the Agreement. For purposes of the release and indemnity provisions hereof, any acts or omissions of Operator, or by employees, agents, assignees, contractors or subcontractors of Operator or others acting for or on behalf of Operator (whether or not they are negligent, intentional, willful or unlawful) which occurred after the effective date of this Agreement shall be strictly attributable to Operator. (g) Indemnification by City of Operator. If remedial action is required by City under Section 6.4(b) herein, then City shall indemnify, defend (by counsel reasonably acceptable to Operator and Lender), protect and hold Operator , and its’ directors, officers, employees, attorneys, agents and assigns, , and any permitted successors to any such other Person, and all directors, officers, employees, attorneys and agents of all of the aforementioned indemnified parties, harmless from and against any and all actual or potential claims, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including, without limitation, attorneys’ fees and costs and expenses of investigation) which arise out of or relate in any way to the remedial action or any related environmental condition.
b
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(h) Remedies Upon Default. In the event that either City or Operator shall fail to timely comply with any of the provisions of this Section 6.4, then, in such event the other party may, after (a) delivering written notice to the non-complying party which notice specifically states that the failure to comply with the provisions of this Agreement, and (b) the expiration of the cure period, if any, permitted under the applicable law, rule, regulation or order with which the non-complying party shall have failed to comply, do or cause to be done whatever is necessary to cause the Premises to comply with the applicable law, rule, regulation or order and the cost thereof shall constitute an Expense hereunder and shall become immediately due and payable without notice. The party attempting to institute compliance and its agents and employees shall have access to the Premises for the purpose of effecting such compliance and is hereby specifically granted a license, effective upon expiration of the applicable cure period, if any, to do whatever is necessary to cause the Premises to so comply, including, without limitation, to enter the Premises and remove therefrom any Hazardous Materials.
(i) Survival. The City and Operator understand, agree and acknowledge that the environmental obligations set forth herein, including, without limitation, the obligation to pay expenses hereunder, shall survive the termination of this Agreement and any foreclosure, assignment of the Agreement in lieu of foreclosure or similar proceedings by or through which Lender or any of its permitted successors or assigns may obtain an interest in the Premises or any portion thereof.
(j) Notices. Operator and City agree to immediately notify the other in writing of:
(i) any Hazardous Materials Claims; and
(ii) any reports made to any environmental agency arising out of or in connection with any Hazardous Materials in or removed from the Premises, including any complaints, notices, warnings or asserted violations in connection therewith.

ARTICLE 7

TAXES, ASSESSMENTS AND UTILITIES

7.1 Taxes and Assessments. Operator shall pay any and all taxes (including any possessory interest tax), assessments, and other charges of any description levied or assessed against or on the Property or any portion thereof, and any interest therein during the term of this Agreement by any government agency or entity, Operator shall pay any and all taxes and other charges of any description levied on or assessed against any improvements located on the Property during the term of this Agreement and any personal property located on or in the land or improvements. The City informs the Operator that a possessory interest tax liability may be assessed and Operator is solely responsible for its payment.
(a) Proration of First and Last Years Taxes. Notwithstanding the provisions of Section 7.1 of this Agreement, all taxes, assessments, or other charges levied or assessed during the tax years in which the term of this Agreement commences and ends shall be prorated between City and Operator as of 12:01 a.m. on the date the term commences and on the date the b
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term ends, respectively, on the basis of tax years that commence on July 1 and end on June 30 of each year. City shall pay the taxes, assessments, or other charges for the year in which the term of this Agreement commences and Operator shall promptly, on service of written request by City, reimburse City for Operator’s share of those taxes, assessments, or other charges. Operator shall pay the taxes, assessments, and other charges for the year in which this Agreement is to end; and City shall promptly, on service of written request by Operator, reimburse Operator for City’s share of those taxes, assessments, and other charges.

7.2 Payment Before Delinquency. Any and all taxes and assessments and installments of taxes and assessments required to be paid under this Agreement shall be paid before any such tax, assessment, or installment of tax or assessment becomes delinquent. It is understood and agreed that the provisions of this section shall not obligate Operator to pay off the total amount of any special assessment levied on the Property by reason of special assessment proceedings but that Operator shall be obligated to pay only those installments of special assessments, together with interest thereon, which become due during the period of this Agreement.

7.3 Contest of Tax. Operator shall have the right to contest, oppose or object to the amount or validity of any tax, assessment, or other charge levied on or assessed against said Premises or any part of said Premises; provided, however, that the contest, opposition or objection must be filed before the tax, assessment or other charge at which it is directed becomes delinquent and written notice of the contest, opposition, or objection must be given to the City at least ten (10) days before the date the tax, assessment, or other charge becomes delinquent.

7.4 Tax Hold-Harmless. Operator shall defend, indemnify, and hold City, including said Premises and any improvements now or hereafter on said Premises, free and harmless from any liability, loss or damage resulting from any taxes, assessments or other charges required by this Article 7 to be paid by Operator and from all interests, penalties, and other sums imposed thereon and from any proceedings to enforce collection of any such taxes, assessments, or other charges.

7.5 Payment by Nonresponsible Party. Should Operator fail to pay or contest within the time specified in this Article any taxes, assessments or other charges required by this Article 7 to be paid by Operator, City may, but is not obligated to, without notice to or demand on Operator, pay, discharge or adjust such tax, assessment or other charge for its benefit. In such event, Operator shall promptly, on written demand of City, reimburse City for the full amount paid by it in paying, discharging or adjusting such tax, assessment or other charges together with interest thereon at the rate of ten percent (10%) per annum from the date of payment by City until the date of repayment.

7.6 Utilities. Operator shall pay or cause to be paid, and hold City and the property of City free and harmless from all charges, for the installation, connection, maintenance and furnishing of all necessary utilities, utility facilities, and services, including but not limited to, gas, water, electricity, telephone and internet service, C.A.T.V., sewage and other public utilities, to said Premises during the term of this Agreement and for the removal of garbage, rubbish, and weeds from said Premises during the term of this Agreement.

7.7 Signs and Promotions. Operator shall be entitled to erect signs and notices as are reasonable for the operation envisioned, provided further that all such signs shall be subject to review and approval by City, and are in conformance with City sign standards as to size and general b
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compatibility. Operator shall promote the public use of the facility at all times in accordance with accepted community standards of good taste.

7.8 Clubs. Operator agrees to operate the golf course only for recreational purposes and shall operate said golf course “open to the public” as such term is generally understood in golfing and recreational usage. Operator may have and maintain such men’s and women’s clubs as are normal in golf course operation provided that no revenue charged or received by reason of membership in any such club shall accrue to Operator.

ARTICLE 8

INDEMNITY AND INSURANCE

8.1 Indemnity Agreement. Operator shall indemnify, defend and hold City and the property of City, including the Property and any buildings or improvements now or hereafter on the Property, free and harmless from any and all liability, claim, loss, damage, or expense arising by reason of:
(a) The death or injury of any person, including the public and any person who is an employee, agent, licensee, or invitee of Operator, or by reason of the damage to or destruction of any property, owned by any licensee, invitee, or by Operator or by any person who is an employee or agent of Operator, from any cause whatever while such person or property is in or on said Premises or in any way connected with said Premises or with any of the improvements or personal property on said Premises;
(b) The death or injury of any person, including Operator or any person who is an employee or agent of Operator, or by reason of the damage to or destruction of any property, including property owned by Operator or any person who is an employee or agent of Operator, caused or allegedly caused by either (1) the condition of said Premises or some building or improvements on said Premises, or (2) some act or omission on said Premises of Operator or any person in or about said Premises with the permission and consent of Operator; (c) Any work performed on said Premises or materials furnished to said Premises at the insistence or request of Operator or any person or entity acting for or on behalf of Operator; or
(d) Operator’s failure to perform any provision of this Agreement or to comply with any requirement imposed on Operator or the Property by any duly authorized governmental agency or political subdivision.

8.2 Liability Insurance. Operator shall, at Operator’s own cost and expense, secure promptly upon execution of this Agreement and maintain and provide Certificates of Insurance and endorsements during the entire term of this Agreement, Commercial General Liability insurance at least as broad as Insurance Services Office (ISO) form CG 00 01, issued by any insurance company reasonably acceptable to City and authorized to issue liability insurance in California, with an AM Best rating of A- VII or higher, insuring Operator and City against loss or liability caused by or in connection with Operator’s occupation, use, disuse, or maintenance of the Property under this Agreement. The aforementioned liability insurance shall provide coverage of not less than b
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$2,000,000.00 per occurrence, $4,000,000 general aggregate, and $2,000,000 products and completed operations, and shall be renewed each policy renewal period. The policy shall include, or be endorsed to include, the City, its officers, officials, employees, and agents, as additional insureds on ISO form CG 20 10 (or equivalent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations. The policy shall be endorsed as primary and not seek contribution from the City’s coverage. Coverage shall allow, or be endorsed, to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents. Any failure to comply with reporting provisions of the policies by Operator shall not affect coverage provided to the City. Coverage shall state that Operator’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

8.3 Fire and Property Insurance. Operator shall, at Operator’s own cost and expense, at all times during the term of this Agreement, keep all buildings, improvements, and other structures on said Premises, as well as any and all additions thereto in the same condition as they are upon commencement of this Agreement, and Operator shall insure and keep in good operating condition, all equipment, trade fixtures, inventory and leasehold improvements. , Basic Insurance Requirements, by insurance companies authorized to issue such insurance in California against loss or destruction by fire and the perils commonly covered under the standard extended coverage endorsement to fire and property insurance policies in the county where the Property is located. The amount of said fire and property insurance shall be sufficient to cover replacement of all buildings, structures and improvements on the Premises.

8.4 Business Interruption. Operator shall, at its sole cost and expense, maintain business interruption insurance by which the base monthly rent will be paid to City for a period of up to three (3) months if the Premises are destroyed or rendered inaccessible by a risk insured against by a policy of standard fire and extended coverage insurance, with vandalism and malicious mischief endorsements.

8.5 Deposit of Insurance with City. Operator shall within ten (10) days after the execution of this Agreement, and promptly thereafter when any such policy is replaced, rewritten or renewed, deliver to City a true and correct copy of each insurance policy required by this Article of this Agreement and a certificate executed by the insurance company or companies or their authorized agent evidencing such policy or policies.

8.6 Notice of Cancellation of Insurance. Each insurance policy required by this Article 8 of this Agreement shall contain a provision that it cannot be canceled for any reason unless thirty (30) days’ prior written notice of the cancellation is given to City in the manner required by this Agreement for service of notice on City by Operator. If a carrier will not provide the required notice of cancellation, the Operator shall provide written notice to the City of a cancellation no later than thirty (30) days before cancellation.

8.7 Business Automobile Liability Insurance. Operator shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of not less than $1,000,000 per accident. The policy shall provide that the City, its officers, officials, employees, and agents are included or named as additional insureds. The policy shall allow, or be endorsed, to include a waiver of subrogation in favor of the City, its officers, officials, employees, and agents.
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8.8 Workers’ Compensation Insurance. Operator and any contractor engaged by Operator to perform any services in or about the Property, including any construction or landscaping, shall maintain throughout the term of this Agreement or any contract with Operator, a policy providing Workers’ Compensation Insurance coverage with the statutory limits of liability, as set forth by the laws of the State of California, and including a minimum of $1,000,000 Employers’ Liability (Coverage B).

Operator shall provide City with a copy of a Certificate of Insurance indicating evidence of Workers’ Compensation Insurance, as set forth herein, for any and all employees of the Operator. Coverage shall allow and be endorsed, to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents.

8.9 Exclusion from Indemnity. Notwithstanding Section 8.1, Operator’s obligation to indemnify and hold City and the property of City free and harmless shall expressly exclude any liabilities, claims, losses, damages or expenses to the extent caused by the sole negligence or willful misconduct of City or City’s employees, agents, representatives, or contractors.

8.10 Insurance Coverage Adjustments. The Operator shall, at Operator’s expense and cost, increase the levels and limits of insurance on the fifth anniversary date of this Agreement and every five years thereafter in accordance with the City’s then current Basic Insurance Requirements, as amended in accordance with reasonable and prudent golf course industry practices for similar courses.

The City shall furnish to Operator a copy of the revised Basic Insurance Requirements, on a material increase of exposure as revised, at each five-year increment and Operator shall procure additional insurance, if necessary, in conformance with the Basic Insurance Requirements and in accordance with reasonable and prudent golf course industry practices for similar courses, issued by an insurance company reasonably acceptable to City, and authorized to issue liability insurance in California.

8.11 Sub-Tenants. Should any rights under this Agreement be sublet, upon prior written approval of the City, the Operator shall require each of its sub-tenants to provide the aforementioned coverage, or Operator may insure sub-tenants under its own policies.

ARTICLE 9

PERSONNEL

9.1 Employees. At all times when the Premises are operational, Operator shall provide sufficient staff with the skills and experience necessary to reasonably provide for the services envisioned and the safety, good conduct, and good order of its customers.

9.2 Nondiscrimination.
(a) In the performance of work under this Agreement, Operator or its contractor or subcontractors will not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to his or her compensation, terms, conditions or privileges of employment, because of such person’s race, color, creed, religion, national origin, ancestry, sex, age or disability, except for valid reasons of health and safety.
(b) Operator, or its assigns, will not discriminate in the providing of admission or service hereunder against any person on the basis of sex, race, color, creed, b
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religion, national origin or residency, nor for age or disability, except for valid reasons of health and safety.
(c) Operator shall include in any subcontract a nondiscrimination clause forbidding discrimination against any person in the providing of service hereunder because of sex, race, color, religion, creed, national origin or residency( nor for age or disability except for valid reasons of health and safety.
(d) Operator shall comply with the applicable provisions of Title VI of the Civil Rights Act of 1964, Title VII and the Americans with Disabilities Act.

9.3 Independent Contractor. The parties hereto mutually agree that Operator and Operator’s employees hired to perform hereunder are and shall be at all times independent contractors and not agents or employees of the City and that Operator and Operator’s employees shall not be entitled to any salary, fringe benefits, Pension, Workers’ Compensation, sick leave, insurance or any other benefit or right connected with employment by the City or any compensation other than as prescribed herein.

9.4 Golf Course Manager. City relies on a Golf Course Manager to be in active control of the daily operations of the course and shall supervise the operations and employees of the course.

Operator shall submit to the City for City’s reasonable approval the name of a Golf Course Manager and documentation requested by City to demonstrate the qualifications of such proposed manager. (a) If the Operator does not provide a Golf Course Manager approved by City, on a full-time basis, it shall be deemed a breach of the Agreement.

9.5 Other Employees. At all times when the Premises are operational, Operator shall provide sufficient staff with the skills and experience necessary to reasonably provide of the services envisioned and the safety, good conduct and good order of its customers. All employees of Operator shall be of good moral character, shall present a pleasant appearance and pleasing manner to the public, and shall conduct themselves in such a manner as to not reflect discredit on the City.

ARTICLE 10

ASSIGNMENT

10.1 Intention of the Parties.
(a) Operator acknowledges that the operation and maintenance of a high quality public golf course, driving range and related services are undertakings that require experience, knowledge, skill and an ability to work with and serve the public. Further, the successful operation and maintenance of a high quality public golf course requires the financial ability:
(i) to continuously maintain the golf course and related activities, and (ii) to make improvements and capital expenditures that will keep the Premises to the then standard of a high quality public golf course with related services. b
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(b) City has negotiated the percentage rent based, in part, on the agreements contained in this Article 10 and on the fact the Operator has agreed not to transfer, assign or (except as set forth below) sublet, any or all of Operator’s right, title or interest under this Agreement.

10.2 No Assignment Without City’s Consent. Operator may assign this Agreement or any interest in this Agreement, subject to the prior written consent of City. City may not unreasonably withhold or delay its consent, and may grant consent if the proposed assignee is financially qualified and has the necessary experience in the operation and management of a golf course facility, to satisfactorily perform all the agreements, undertakings, and covenants of this Agreement and all other agreements entered into by Operator which relate to the management, operation, maintenance, construction, and restoration of the improvements and the Premises. To assist City in determining whether or not the proposed assignee is so qualified, Operator shall furnish to City at no expense to City, prior to that assignment, detailed and complete financial statements of the proposed assignee, audited by a certified public accountant reasonably satisfactory to City (if the proposed transferee causes its statements to be so audited in its normal course of business), last three (3) years prior to the proposed assignment federal income tax return together with detailed and complete information about the business and net worth of the proposed assignee, including its experience in operating golf course facilities, the use to be made of the Premises and improvements by the proposed assignee, projections by the proposed assignee of the sources of funds to be used to repay any indebtedness of Operator that the proposed assignee will assume or take subject to, or agree to pay to Operator, and other claims on and requirements for those funds, together with any other information as City may reasonably require to assist City in determining whether or not the proposed assignee is so qualified. City shall have 30 days after receipt of the information described above to notify Operator of whether it consents or does not consent to the proposed assignment. Absent any such notification by City during the 30-day period, City shall be conclusively deemed not to have consented to the assignment. A consent by City to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment made contrary to the terms of this Section shall be null and void unless otherwise permitted by this Article.

10.3 Permitted Subletting. Operator may sublet the merchandising operation in the golf pro shop, the food and beverage dispensing operation at Operator’s sole discretion, but any revenue earned by any sublessee shall continue to be considered part of Gross Receipts and shall be subject to rent pursuant to this Agreement.

10.4 Change in Ownership Control. A withdrawal or change, voluntary, involuntary, by operation of law, testamentary transfers or otherwise, of Operator’s ownership interest shall be deemed an assignment prohibited hereby. Any of the following events shall constitute an “assignment” for purposes of this Article:
(a) Any assignment, transfer or conveyance, either at one time or from time to time, of an interest of the Operator, except as otherwise provided herein, so that the ownership interest assigned or conveyed shall equal thirty percent (30%) of the total then outstanding ownership of Operator.

10.5 Liens and Encumbrances.
b
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(a) It is understood that the real property constituting the Premises cannot, as public property, be subjected to any lien or encumbrance of any kind to satisfy or secure any private obligation. However, Operator’s right to the occupation of the Premises and use of the improvements thereon for the purposes as stipulated herein may be subject to any lien or encumbrance, but only subject to the terms hereinafter set forth. (b) A lien or encumbrance upon Operator’s right to occupation of this land and use of the improvements for the purposes as provided in this Agreement shall be valid only if first approved by the City in writing.
(i)
[This Section Left Blank Intentionally]
ARTICLE 11

EVENTS OF DEFAULT

11.1 Events of Default. The following events constitute a default of this Agreement:
(a) Any action taken or suffered by the Operator under any insolvency or bankruptcy act, including the appointment of a receiver to take possession of all or substantially all of the assets of the Operator, provided that if such action is not initiated by Operator, Operator shall have ninety (90) days in which to terminate, set aside or otherwise cure such actions.
(b) Any general assignment by Operator on behalf of creditors. (c) Breach of Breach of Covenant of Continuous Operation as described in Section 6.2(a) including the abandonment, vacation or failure to continuously operate the golf course for more than twenty-four (24) consecutive hours with the intention of not resuming operations.

11.2 Right of Termination Upon Default.
(a) Right to Retake Possession.
(b) Rent Obligation Survives Default.

11.3 City’s Remedies.
(a) City’s Termination Rights. On termination of this Agreement under the provisions of Section 11.2, City has the right to receive from Operator:
(i) The worth, at the time of the award, of the unpaid rent that has been earned at the time of termination of this Agreement. (ii) The worth, at the time of the award, of the amount by which the unpaid rent that would have been earned after the date of termination of this Agreement until the b
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time of award, exceeds the amount of the loss of rent the Operator proves could have been reasonably avoided.
(iii) The worth, at the time of the award, of the amount by which the unpaid rent for a period of three (3) years after the time of the award or the balance of the term after the time of the award, whichever is less, exceeds the amount of the loss of rent that Operator proves could have been reasonably avoided.
(iv) Any other amount and court costs necessary to compensate city for all detriment approximately caused by Operator’s default. (v) “The worth, at the time of the award” as used in Sections

11.3(a)(i) through 11.3(a)(iv) is to be computed by allowing interest at the rate of ten percent (10%) per annum.
(vi) For purposes of determining the percentage rent that would have been earned after termination, Operator shall be deemed to have been required to pay annual percentage rent equal to the average annual percentage rent due to City for the three (3) calendar years preceding the calendar year in which City files an action for rent under this section. (b) Continue Agreement After Default. Following any default by Operator, City may continue this Agreement in full force and effect and City shall have the right to collect any rent payable by Operator when due. During the period Operator is in default, City may enter the Premises and relet them or any part of them to third parties for Operator’s account. Operator shall be liable immediately to City for all costs City incurs in reletting the Premises. Reletting can be for a period shorter or longer than the remaining term of this Agreement. Operator shall pay to City the rent due under this Agreement on the date such rent is due which payment shall be adjusted by the amount of rent City receives from any reletting. No effort to relet or any other act by City allowed by this paragraph shall terminate this Agreement unless City notifies Operator that City elects to terminate this Agreement.
(c) Cure at Option of City. City may, at any time after Operator commits a default, cure such default at Operator’s expense. If City at any time, by reason of Operator’s default, pays any sum or does any act that requires the payment of any sum, the sum paid by City shall be due immediately from Operator to City at the time the sum is paid, and if paid at a later date, shall bear interest at the rate of ten percent (10%) per annum from the date the sum is paid by City until City is reimbursed by Operator. The sum, together with interest on it, shall constitute additional rent hereunder.
(d) City’s Default. City shall be in default of this Agreement if it fails or refuses to perform any provision of this Agreement that it is obligated to perform if the failure to perform is not cured within thirty (30) days after notice of default has been given by Operator to City. Operator shall have the option of including in the notice that Operator shall commence to cure the default at City’s expense. If such default cannot be reasonably cured within thirty (30) days, City shall not be in default of this Agreement if City commences to cure the default within the thirty (30) day period and thereafter diligently and in good faith continues to cure the default. b
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(e) Relocation Assistance. Operator agrees that nothing contained in this Agreement shall create any right in Operator for relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16 of the Government Code from the City upon the termination of this Agreement (whether by lapse of time or otherwise). (f) No Waiver of Rights. No payment by Operator or receipt by City of a lesser amount than the amount required to be paid under this Agreement shall be deemed to be other than on account of the earliest stipulated sum due. No endorsement or statement on any check or any letter accompanying any check or payment shall be deemed an accord and satisfaction and City, in either instance, may accept such check or payment without prejudice to City’s right to recover the balance of such sum or pursue any other remedy in this Agreement or at law or in equity. Receipt of the rent due hereunder by City from any third party shall be without prejudice and shall not operate as consent to any purported sale, assignment, hypothecation, sublease or other transfer of this Agreement, as a waiver of any breach by Operator, or as a release of Operator from its obligations.

ARTICLE 12

GENERAL PROVISIONS

12.1 Time of Essence; Breach. Where performance by either party of a covenant as specified in this Agreement, to be on or before a certain date, time shall be of the essence of said covenant.

Performance by Operator of each and every covenant or provision of this Agreement is material, the breach of which shall constitute a material breach, for which the City may terminate this Agreement.

12.2 Waiver of Breach. The waiver by City of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition herein contained. Any consent or approval given by City to an act of Operator for which consent or approval is required under this Agreement shall not be deemed to waive or render unnecessary the need for City’s consent or approval to or of any subsequent similar act of Operator. The subsequent acceptance of fees hereunder by the City shall not be deemed to be a waiver of any preceding breach by Operator of any term, covenant or condition of this Agreement other than the failure of Operator to pay the particular fees so accepted, regardless of City’s knowledge of such preceding breach at the time of the accepting of such fees.

12.3 Total Taking. If all or substantially all of the Premises and/or other improvements shall be taken by right of eminent domain or otherwise for any public or quasi-public use, then, when possession shall be taken thereunder by the condemnor, or the Operator is deprived of its practical use of the Premises for the operation of a golf course comparable to golf courses shown on Exhibit “C”, whichever date is earlier, this Agreement and all rights of City and Operator hereunder shall terminate and any rent payments required of Operator shall be apportioned between the parties. In the event of a partial taking, as a result of which the remaining portion of the Premises or any improvements on the Property cannot be restored to an economically operable facility of a comparable kind and quality to the facility existing prior to the taking with the condemnation awards received by Operator, then this Agreement, at Operator’s or City’s election, shall be terminated as of the time when possession of the premises shall be taken by the condemner or Operator is deprived of its practical use thereof, whichever date is earlier.
b
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12.4 Partial Taking. If a portion of the Premises or any improvements shall be taken by right of eminent domain or otherwise for any public or quasi-public use and the remaining portion of the Premises and improvements can be restored by Operator, by expending sums no greater than its share of the award, to an economically operable facility of comparable kind and quality to the facility existing prior to the taking, then this Agreement shall not be terminated, and Operator shall retain the remaining portion of the Premises. There shall be no adjustment in rent to be paid by Operator hereunder. If, at any time during the term of this Agreement, a partial taking occurs that is less than a Total Taking and affects the public parking areas on the Premises, all compensation and damages payable for that taking shall be made available to and used, to the extent reasonably needed, by Operator to repair any portion of the remaining parking areas damaged by the taking and to replace the parking areas taken with other new parking areas on the portion of the Premises not taken, provided that replacement is then permitted by existing law. Plans and specifications for the replacement parking areas must be first approved in writing by City.

12.5 Eminent Domain Award. If there is a taking by right of eminent domain, the rights and obligations of the parties with reference to the award and the distribution thereof shall be determined in accordance with the provisions of California eminent domain law as set forth in the California Code of Civil Procedure. Operator shall have the right to participate in any settlement proceeding.

12.6 Entry and Inspection by City. City reserves and shall always have the right to enter the Property for the purpose of viewing and ascertaining the condition of the same, or to protect its interest in the Property or to inspect the operations conducted on the Property. In the event that such entry or inspection by City discloses, in the reasonable opinion of the City, that the Property is not in a safe, healthy, and satisfactory condition or a violation of any municipal, state or federal ordinance, statue or law, or any breach of condition of lease, City shall have the right, but not the obligation, after ten (10) days written notice to Operator, to have any necessary maintenance work done for and at the expense of Operator. Operator agrees to pay promptly any and all costs incurred, including reasonable expenses to City in having such necessary work done in order to keep the Property in a safe, healthy, and satisfactory condition and to cure any violations or breach of conditions of this Agreement. Repayment thereof shall be deemed to be a part of the payments and paid as such on the next day upon which said payment become due.

12.7 Abandonment. Vacation or Surrender of Property During Term. If the Operator should abandon the Property, then in that event, unless and except to the extent otherwise specifically provided by other provisions of this Agreement, any personal property belonging to the Operator and left on the Premises for thirty (30) days shall be deemed to be abandoned, at the option of the City.

12.8 Attorneys’ Fees/Legal Costs. If any action at law or in equity shall be brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover from the other party as part of the prevailing party’s costs reasonable attorneys’ fees, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered.

12.9 Successors and Assigns. This Agreement and all terms and conditions shall apply to and bind the successors and assigns of the respective parties.

12.10 Prevailing Wage. The Operator shall be solely responsible for determining necessary compliance, if any, with the prevailing wage laws of the State of California, including, but not limited b
Packet Pg. 195 Attachment: 2025 Jack Tone Golf Lease Agreement (4381 : Jack Tone Golf Lease) - 22 -
to, the applicable provisions of Sections 1774 and 1775 of the Labor Code of the State of California.

Operator has represented to City that construction of the Project is not subject to the aforementioned prevailing wage laws, and City has relied upon such representations. In the event said laws are applicable or become applicable at any time during this Agreement, then the parties expressly acknowledge that the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to execute this Agreement is that ascertained by the Department of Industrial Relations of the State of California. Said prevailing rates are on file in the Office of the City Clerk and shall be available to any interested party upon request and said prevailing rates are hereby made a part hereof, incorporated herein by reference as though set forth in full. The holidays upon which such prevailing rates shall apply shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of worker employed by Operator.

12.11 Amendments to Agreement. Any amendment or modification of this Agreement must be in writing duly executed by both parties.

12.12 Notices to City. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to City by Operator shall be in writing and shall be deemed duly served and given when personally delivered to City, to any managing employee of City, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to City Administrator, 259 North Wilma Avenue, Ripon, CA 95366. City may change City’s address for the purpose of this section by giving written notice of that change to Operator in the manner provided in Section 12.13.

12.13 Notices to Operator. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to Operator by City shall be in writing and shall be deemed duly served and given when personally delivered to Operator of this Agreement, any managing employee of Operator or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, addressed to Operator at SGM, Inc (Attn: Jeff Christensen), P.O. Box 788 Chowchilla, CA 93610. Operator may change mailing address for the purpose of this section by giving written notice of that change to City in the manner provided herein.

12.14 Authority to Enter Agreement. Operator warrants that SGM, Inc is a California corporation in good standing under the laws of the State of California, and that all parties comprising Operator possess the legal authority to enter into this Agreement.

12.15 Memorandum of Agreement for Recording. City and Operator shall execute a memorandum or “short form” of this Agreement for purposes of, and in a form suitable for, recordation. The memorandum or “short form” of this Agreement shall describe the parties, set forth a description of the leased premises, specify the term of this Agreement, incorporate this Agreement by reference, and include any other provisions required by Lender(s). b
Packet Pg. 196 Attachment: 2025 Jack Tone Golf Lease Agreement (4381 : Jack Tone Golf Lease) - 23 -
Date:________________
“City”

CITY OF RIPON
By:___________________________
Leo Zuber
Mayor
Date:________________
“Operator”

SGM, INC
By:___________________________
Jeff Christensen
President
b
Packet Pg. 197 Attachment: 2025 Jack Tone Golf Lease Agreement (4381 : Jack Tone Golf Lease) EXHIBIT “A”

JACK TONE GOLF COURSE LEASE
Portions of Sections 25 and 36. Township 2 South, Range 7 East, Mount Diablo Base and Meridian, BEGINNING at a point in the South line of said Section 25, 1516.4 feet West of the Southeast corner thereof; thence North 576.7 feet to a point; thence East 1514.4 feet to 'the East line of said Section; thence South along said East line to the Southeast corner of Section 25; thence South 82° West 5 chains; thence South 38 1/4° West 7 chains; thence South 35 1/2° West 7 chains; thence South 9° West 9 chains; thence South 64 1/4° West 9 chains, more or less, to the point due South to the point of beginning; thence North to the point of beginning.

ALSO that portion of Swamp and Overflow Land Survey 462 lying South of the above described land, according to the Official Map thereof lying in San Joaquin County. c
Packet Pg. 198 Attachment: 2025 Lease Agreement Exhibits (4381 : Jack Tone Golf Lease) c
Packet Pg. 199 Attachment: 2025 Lease Agreement Exhibits (4381 : Jack Tone Golf Lease) EXHIBIT "C"

JACK TONE GOLF COURSE LEASE
The following is a list of golf courses in the Central Valley which are generally operated and maintained in a manner which, at the time of this Agreement, meets with the approval and satisfaction of the City of Ripon. Pursuant to Section 5.1 of this Agreement, Operator is required to operate and maintain the Jack Tone Golf Course in accordance with the standards reflected by the following golf courses:

1. Micke Grove Golf Course

2. The Reserve at Spanos Park Golf Course

3. La Contenta Golf Club

4. Manteca Municipal Golf Course

5. River Oaks Golf Course
This list may be revised by City to add other similar golf courses within 60 miles of Jack Tone Golf Course, or to delete golf courses on this list which no longer meet the standards for operation and maintenance which are currently represented by the above-referenced golf courses. c
Packet Pg. 200 Attachment: 2025 Lease Agreement Exhibits (4381 : Jack Tone Golf Lease) EXHIBIT “D”

JACK TONE GOLF COURSE LEASE

1. Partnering
 Sierra Golf will operate as a partner with the City for mutual success.  Clientele satisfaction is regularly monitored formally and informally.

2. Work Teams
 We train extensively and continually.
 We develop successors at all levels and promote from within.  We award and compensate for high performance.

3. Golf Course Superintendent
 Each course is managed by a GCSAA Class "A” Superintendent working towards full Certification.

4. Environmental Sensitivity
 Integrated pest and plant management (IPPM) is the overriding concept in pesticide, plant nutrition, and soil amendment applications.
 Current national and local regulations are strictly adhered to with re1sards to materials handling, storage, and application.
 Maintenance programs are designed to enhance native habitats.  Water use is monitored and targets set for reduction.

5. Equipment
 Equipment is professionally and safely operated, with efforts made to be as unobtrusive to the players as possible.
 Operational safety equipment is in place and safety devices are operational as designed by the manufacturer.
 Equipment is operated in a manner that avoids damage to trees, buildings, accessories and infrastructure.
 Equipment maintenance is ongoing and comprehensive.
 Equipment is clean and rust free.
 Preventative and curative measures are taken to ensure dependability and safety.  Operators are extensively trained and their performance is regularly monitored.  Maintenance logs are routinely completed.

6. Putting Greens
 Putting greens are maintained as the most important playing surfaces on the golf course.  All putting surfaces, including practice greens, are maintained to provide consistent speed, surface uniformity, and playability.
 Putting surfaces are free of trash and debris.
 Any damaged areas are repaired or re-focused to the perimeter. c
Packet Pg. 201 Attachment: 2025 Lease Agreement Exhibits (4381 : Jack Tone Golf Lease)  Pin placements are changed daily.
 Collars are well defined and uniform.
 Sprinkler heads are level, flush to grade and neatly trimmed of turf.

7. Tee Tops
 Teeing surfaces are maintained as the second most important playing surface on the golf course.
 All teeing surfaces, including practice areas, are maintained to provide consistent surface uniformity and playability.
 Teeing surfaces are free of trash and debris.
 Tee markers are moved frequently.
 All tee accessories are clean and rust free.
 The ball washer is serviced frequently and filled with water solution.

8. Fairways, Collars, and Approaches
 Fairways, collars and approaches are maintained as the third most important playing areas.
 The heights of cut are uniform, mow patterns straight, and operations synchronized to present uniformity throughout.

9. Roughs and Surrounds
 Roughs and surrounds are maintained as the fourth most important playing surface on the golf course.
 The height of the cut is uniform and well synchronized between large area mowing and trim work.
 Out of play areas are left in natural condition.

10. Sand Bunkers
 All bunker surfaces are maintained as consistently as possible.  Bunkers are raked daily.
 Sand depths are monitored and maintained at a predetermined uniform level.  Bunker edges are trimmed regularly to produce a clean and well-defined interface.

11. Clubhouse entrance and Grounds
 All areas are aesthetically pleasing at all times.
 Turf is consistent in height of cut and color.
 All ornamental beds are weed free and the plant material will be professionally pruned.

12. Cart Paths
 All hard surfaces are routinely trimmed to produce a clean and well-defined interface.  Soft surfaces are routinely graded.
 All surfaces are clean of trash, debris and plant and tree leaves. c
Packet Pg. 202 Attachment: 2025 Lease Agreement Exhibits (4381 : Jack Tone Golf Lease)  Traffic abatement measures are maintained to discourage excessive wear at path termination points and logical entrance and exit points.

13. Lake and Ponds
 All edges are maintained to a uniform height of cut as an extreme rough.  Aquatic plants are introduced and maintained to provide an ecological buffer zone.

14. Trees
 All trees on playing surfaces are pruned consistently to allow ample room for golf carts and mowing equipment to operate without interference.
 Tree wells are maintained to prohibit damage from mowing equipment.  New trees are regularly monitored for health.

15. Detail and Housekeeping
 All playing surfaces are free of all trash and debris.  Trash containers are emptied daily.
 Areas around irrigation components (heads, valve boxes, and quick couplers) are maintained to insure for proper operation.
 All course repairs, which cannot be completed by the end of the day, are to be roped off and left orderly until repair can be completed.
 On-course restrooms are clean, neat and have adequate supplies. Trash receptacles are emptied daily. Equipment is clean and operational.

16. Safety
 Safety is the first consideration in every aspect of our operations.  Safety rules are adhered to without exception.
 Material Safety Data Sheets are current and easily accessed.  Chemical application licenses are current and application logs are maintained.

17. Operations Professionalism
 All employees are in uniform including company issued shirts, safety glasses, and safety helmets.
 Uniforms are clean, neat and worn in a professional manner. c
Packet Pg. 203 Attachment: 2025 Lease Agreement Exhibits (4381 : Jack Tone Golf Lease) 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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Packet Pg. 204
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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Packet Pg. 205
RESOLUTION NO. 24-41

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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Packet Pg. 206

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:

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

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

By: ___________________________
LISA ROOS, City Clerk

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Packet Pg. 207
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. 208 Attachment: SJCOG Staff Report (24-41 : 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. 209 Attachment: SJCOG Staff Report (24-41 : 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. 210 Attachment: SJCOG Staff Report (24-41 : 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.

2.A.a
Packet Pg. 211 Attachment: SJCOG Staff Report (24-41 : 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. 212 Attachment: SJCOG Staff Report (24-41 : SJMSCP Fee Update - 2025) Attachment 1 – 2025 Fee Study Property List - Properties 24 Month

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Packet Pg. 213 Attachment: SJCOG Staff Report (24-41 : SJMSCP Fee Update - 2025) Attachment 2 – SJMSCP Cost and Fee Analysis 2025 Update

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Packet Pg. 214 Attachment: SJCOG Staff Report (24-41 : 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. 215 Attachment: SJCOG Staff Report (24-41 : 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. 216 Attachment: SJCOG Staff Report (24-41 : 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. 217 Attachment: SJCOG Staff Report (24-41 : 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. 218 Attachment: SJCOG Staff Report (24-41 : 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. 219 Attachment: SJCOG Staff Report (24-41 : 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. 220 Attachment: SJCOG Staff Report (24-41 : 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. 221 Attachment: SJCOG Staff Report (24-41 : 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. 222 Attachment: SJCOG Staff Report (24-41 : 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. 223 Attachment: SJCOG Staff Report (24-41 : 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. 224 Attachment: SJCOG Staff Report (24-41 : 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. 225 Attachment: SJCOG Staff Report (24-41 : 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. 226 Attachment: SJCOG Staff Report (24-41 : 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. 227 Attachment: SJCOG Staff Report (24-41 : 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. 228 Attachment: SJCOG Staff Report (24-41 : 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. 229 Attachment: SJCOG Staff Report (24-41 : 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. 230 Attachment: SJCOG Staff Report (24-41 : 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 -

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Packet Pg. 231 Attachment: SJCOG Staff Report (24-41 : 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 -

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Packet Pg. 232 Attachment: SJCOG Staff Report (24-41 : 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. 233 Attachment: SJCOG Staff Report (24-41 : 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. 234 Attachment: SJCOG Staff Report (24-41 : 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. 235 Attachment: SJCOG Staff Report (24-41 : 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. 236 Attachment: SJCOG Staff Report (24-41 : 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. 237 Attachment: SJCOG Staff Report (24-41 : 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. 238 Attachment: SJCOG Staff Report (24-41 : 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. 239 Attachment: SJCOG Staff Report (24-41 : 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. 240 Attachment: Exhibit A (24-41 : 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. 241 Attachment: Notice of Public Hearing (24-41 : 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. There were no changes from first reading to second reading.

FISCAL IMPACT: N/A

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Attachments:

1. Chapter 8.16 Redline Version

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ORDINANCE NO. 929

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. 244
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.

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 re-inspection. The amount of the

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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.

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.

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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RESULT: FIRST READING [UNANIMOUS] Next: 11/12/2024 6:00 PM MOVER: Michael Restuccia, Council Member
SECONDER:Gary Barton, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia

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

By: ___________________________
LISA ROOS, City Clerk

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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

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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

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4.A.a
Packet Pg. 256 Attachment: Rose Garden Donation (4416 : Ripon Garden Club Donation)

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

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Packet Pg. 258 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.

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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

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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

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4.B.a
Packet Pg. 262 Attachment: Notice to Comply (4354 : Nitrate Control Program)

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) 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.

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Packet Pg. 270 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. 271 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. 272 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. 273 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. 274 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. 275 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. 276 Attachment: Valley Water Collaborative Agreement (4354 : Nitrate Control Program)

Ripon City CouncilOctober 8, 2024

Ripon City Council
October 8, 2024