Ripon City Council Minutes
TUESDAY, JANUARY 14, 2025 – 6:00 PM
REGULAR MEETING
CLOSED SESSION AT 5:30 PM
CLOSED SESSION: The closed session meeting was called to order at 5:30 PM.
PUBLIC DISCUSSION ON CLOSED SESSION MATTERS: No one from the public wished to speak at this time.
ROLL CALL: Council Members Leo Zuber, Michael Restuccia, Dean Uecker, Vice Mayor Gary Barton, Mayor Daniel de Graaf.
OTHERS PRESENT: City Administrator Kevin Werner, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 3 cases.
(2) Conference with Labor Negotiators
Agency Designated Representative: Kevin Werner
(a) Unrepresented Employee: City Attorney
George Petrulakis joined the closed session via phone at 5:34 PM.
George Petrulakis left the closed session at 5:40 PM.
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss unrepresented employee salary adjustments, 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 de Graaf leading in the Pledge of Allegiance to the Flag.
INVOCATION:
Pastor Glenn Gerdes gave the invocation.
City Council Page 2 January 14, 2025
ROLL CALL:
Attendee Name Title Status Arrived
Daniel de Graaf Mayor Present
Gary Barton Vice Mayor Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
Leo Zuber Council Member Present
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias, L. David Nefouse, E. Guillermo, Glenn Gerdes, Steve Verver, Lori Bunnell, Michael Winters, Dave Hegarty, Kelly Donohue, Adam Corkins.
PUBLIC DISCUSSION:
Emil Guillermo, Ripon Poet Laureate, said he had a poem to read and proceeded to read it.
Guillermo said he will be hosting a workshop on January 20, 2025 at 4:30 pm at the Ripon Library. He said the theme of the workshop will be “poetry everywhere”.
Adam Corkins said he is concerned about the failed fire district ballot and the need for ongoing preparedness at both the household and community levels. He said the recent events in Los Angeles emphasized the importance of investing in resources such as food, water, medical supplies, and ensuring timely response from First Responders.
Corkins said he believes the failure of the ballot should not be interpreted as a lack of support for the fire district, but perhaps an issue with the price point or communication around the benefits.
Corkins also expressed his concern regarding potential issues with the distribution of ballots, saying that he did not receive ballots for any of his properties. Corkins suggested using private transaction data to cross-check county records to ensure accuracy in future ballots.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of December 10, 2024 and the Special City Council Meeting of December 19, 2024.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1. CITY COUNCIL - REGULAR MEETING - DEC 10, 2024 6:00 PM
2. CITY COUNCIL - SPECIAL MEETING - DEC 19, 2024 12:00 PM City Council Page 3 January 14, 2025
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Vice Mayor Barton requested Item 1.2E be pulled from the Consent Calendar for discussion.
City Administrator Werner requested Items 1.3F and 1.4A be pulled from the Consent Calendar for discussion.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(December 2023 $262,770.54)
FY 2024-25 YTD: $2,249,963
FY 2023-24 YTD: $2,337,151
Highway Users Tax
(November 2023 $39,268.71)
FY 2024-25 YTD: $210,045
FY 2023-24 YTD: $199,160
SB1 Street & Road Tax
(December 2023 $28,810.92)
FY 2024-25 YTD: $217,599
FY 2023-24 YTD: $195,175
$263,371.00
$41,639.36
$31,726.64
TOTAL $336,737.00
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
December 2024 $1,305.31
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
November 2024
$2,516.37
City Council Page 4 January 14, 2025
1.2. Bills, Invoices, Payments
A. GRANICUS LEGISLATIVE MANAGEMENT
Annual Legislative Management System Renewal
Invoice #194825
Digital Boardroom
Agenda & Minutes
$6,639.39
$7,084.19
TOTAL $13,723.58
B. AMERICAN PAVEMENT SYSTEMS, INC.
South of Main Street Resurfacing Project
Progress Payment – Invoice #6 $18,200.27
C. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #34815 $2,143.00
D. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
South San Joaquin Irrigation District
Connection Project
$8,406.51
$1,603.68
$975.00
TOTAL $10,985.19
E. ITEM E WAS MOVED TO ITEMS PULLED FROM CONSENT
F. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
November 2024 Invoice #AR115190
December 2024 Invoice #AR115214
$1,904.74
$2,483.76
TOTAL $4,388.50
G. LSC TRANSPORTATION CONSULTANTS, INC.
Short Range Transit Plan
Progress Payment – Invoice #71210
Progress Payment – Invoice #71212
$17,208.11
$6,080.00
TOTAL $23,288.11
H. PAVLETIC CONSULTING, LLC
Water, Sewer and Garbage Enterprise Funds Annual Review Progress Payment – Invoice #202002-01_12-24 $2,480.00
I. ADAMS ASHBY GROUP, INC.
Senior Center Rehabilitation Project
Labor Compliance
Progress Payment – Invoice #6334 $2,500.00
City Council Page 5 January 14, 2025
J. BASECAMP ENVIRONMENTAL, INC.
South County Water Connection Project
Progress Payment – Invoice #52716 $1,718.25
K. CONSOLIDATED ENGINEERING, INC.
Community Center Tennis Courts Project
Progress Payment – Invoice #1
Progress Payment – Invoice #2
$93,623.52
$82,337.80
TOTAL $175,961.32
L. CALIFORNIA CAD SOLUTIONS, INC.
GIS Software Assessor Update
Progress Payment – Invoice #701762
Progress Payment – Invoice #701783
$437.50
$525.00
TOTAL $962.50
M. CTE CAL, INC.
Third Street Water Replacement Project &
Community Center Tennis Courts Project
Materials Testing & Inspection Services
Progress Payment - Invoice #35848 $1,784.00
1.3. Resolutions
A. RESOLUTION NO. 25-1
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
TRANSPORTATION
DEVELOPMENT ACT FUND, THE
MEASURE K FUND, AND THE
TRANSIT ENTERPRISE FUND
AUDIT REPORT FOR THE FISCAL
YEAR ENDED JUNE 30, 2024
This resolution accepts the City of Ripon
Transportation Development Act Fund,
the Measure K Fund and the Transit
Enterprise Fund Audit Report for June
30, 2024, prepared by LSL, CPAs.
B. RESOLUTION NO. 25-2
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
DECLARING THE INTENTION OF
SAID CITY TO ABANDON A
PORTION OF PUBLIC RIGHT-OFWAY ADJACENT TO THE
PROPERTY LOCATED AT 923
SOUTH ACACIA AVENUE.
This resolution declares the intention of
the City to abandon a portion of public
right-of-way adjacent to the property at
923 South Acacia Avenue and forwards
the matter to the Planning Commission to
determine if it conforms to the City’s
General Plan goals and policies.
City Council Page 6 January 14, 2025
C. RESOLUTION NO. 25-3
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING THE CITY ENGINEER
TO PREPARE ON BEHALF OF THE
CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR
2025-2026 PERTAINING TO THE
ANNUAL ASSESSMENTS FOR THE
CITY OF RIPON'S TEN
LANDSCAPE MAINTENANCE
DISTRICTS LOCATED IN THE
COUNTY OF SAN JOAQUIN,
CALIFORNIA
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon’s ten Landscape Maintenance
Districts.
D. RESOLUTION NO. 25-4
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ORDERING THE CITY ENGINEER
TO PREPARE ON BEHALF OF THE
CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR
2025-2026 PERTAINING TO THE
ANNUAL ASSESSMENTS FOR
ASSESSMENT DISTRICT NO. 05-1,
CITY OF RIPON, COUNTY OF SAN
JOAQUIN CALIFORNIA,
COMMONLY KNOWN AS CITY OF
RIPON LIGHTING DISTRICT
This resolution orders the City Engineer
to prepare the annual report for the City
of Ripon Lighting District.
E. RESOLUTION NO. 25-5
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING CITY COUNCIL
MEMBER APPOINTMENTS TO
VARIOUS BOARDS,
COMMISSIONS, TASK FORCES,
AND COMMITTEES
This resolution approves the City Council
Member appointments as recommended
by the Mayor to local and regional
Boards, Commissions, Task Forces, and
City Council Committees for 2025.
F. ITEM F WAS MOVED TO ITEMS PULLED FROM CONSENT
City Council Page 7 January 14, 2025
1.4. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. SOUTH OF MAIN RESURFACING PROJECT
American Pavement Systems, Inc.
Change Order No. 3
Approve Change Order No. 3 for
regrading of Third Street, installation of
reflective markers on Canal Boulevard
and Highland Avenue, and additional
materials used in slurry seal and 3-layer
treatment of roads, in the not to exceed
amount of $57,176.76 (funding source:
Street & Road Operating Fund and
Water Enterprise Capital Fund).
C. LANDSCAPE REPAIR PROJECT
Grover Landscape Services, Inc. Award the contract for the Landscape Repair Project to Grover Landscape
Services, Inc. in the amount of $217,755
and authorize staff to proceed (funding
source: Miscellaneous Department
Capital Fund).
ITEMS PULLED FROM CONSENT
1.2E : CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY 2024-2025 3rd Quarter Deposits
Workers’ Compensation Program
Liability Program
2023/2024 Cyber Assessment
$174,816.00
$128,694.00
$3,413.00
TOTAL $306,923.00
Vice Mayor Barton said he would like City Administrator Werner to provide an update on the cost comparison of this item over the past few years to see how they are tracking.
He said that he is aware of the changes in his business and is curious to have a public discussion about the City’s workers' compensation, liability, and property coverage, as all three have seen significant increases. Werner said he would be happy to discuss the trends over the last five years, the reasons behind these increases, and the steps taken to mitigate the expenses and said he will address this during the upcoming budget cycle.
Motion to approve Item 1.2E Central San Joaquin Valley Risk Management Authority.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
City Council Page 8 January 14, 2025
1.3F : RESOLUTION NO. 25-6
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
APPROVING THE APPOINTMENTS TO
AND SETTING THE TERMS FOR
VACANCIES ON THE PLANNING AND
RECREATION COMMISSIONS
This resolution approves Council
Commission Appointments as
recommended by the Mayor for the
Planning and Recreation Commissions.
City Clerk Roos said the original resolution was erroneously written and had been corrected and referenced the corrected resolution that was given to Council.
Mayor de Graaf said staff received several great candidates for the positions and it was nice to see a lot of interest with a number of qualified candidates.
Vice Mayor Barton said there were several great candidates the last time a position opened up as well.
Motion to approve Resolution 25-6 approving Council Commission Appointments as recommended by the Mayor for the Planning and Recreation Commissions as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1.4A : AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES
Law Office of Thomas H. Terpstra, Jr Approve and authorize the Mayor to sign the Agreement for City Attorney Legal
Services with the Law Office of Thomas
H. Terpstra, Jr., which provides for the
necessary legal services for the City of
Ripon. Additionally, approve the
termination of the November 9, 2021
Agreement for Legal Services with the
Law Office of Thomas H. Terpstra.
City Administrator Werner said there was a small change to the indemnification language in the contract and referenced the updated contract given to Council.
Dave Nefouse said he is here tonight to offer his full support and endorsement for the appointment of Thomas Terpstra Jr. as City Attorney. Nefouse said he has known Terpstra Jr. for three years and emphasized his professionalism, diligence and strong connection to the community. He said Terpstra Sr. will be missed and believes Ripon is making a great choice with Terpstra Jr.
City Council Page 9 January 14, 2025
Motion to approve and authorize the Mayor to sign the Agreement for City Attorney Legal Services with the Law Office of Thomas H. Terpstra, Jr., which provides for the necessary legal services for the City of Ripon as amended.
Additionally, approve the termination of the November 9, 2021 Agreement for Legal Services with the Law Office of Thomas H. Terpstra.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
**END OF CONSENT CALENDAR**
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. RESOLUTION OF NECESSITY FOR THE PROPERTY LOCATED AT N. RIPON AND RIVER RD.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
DIRECTING THAT AN ACTION IN
EMINENT DOMAIN BE INSTITUTED
FOR THE ACQUISITION OF REAL
PROPERTY FOR CONSTRUCTION OF
TRAFFIC SAFETY IMPROVEMENTS
LOCATED AT THE SOUTH/EAST
CORNER OF EAST RIVER ROAD AND
NORTH RIPON ROAD
This is a public hearing to consider
adoption of a Resolution of Necessity to
Authorize Acquisition of Private Property
through Eminent Domain for the River
Road/North Ripon Road Signalization
Project.
Recommended Action:
After the public hearing was sent and
received, the property owner has requested
the hearing be continued until February 11,
2025.
City Attorney Terpstra said the resolution of necessity was to be the topic of a public hearing this evening however there was a request received from the property owner asking that the item be continued to the February 11, 2025 Council meeting. He said the public hearing will be opened and left open until the February 11, 2025 Council meeting. He said comments received now will become part of the administrative record.
PUBLIC HEARING OPENED
Public Hearing will stay open and be continued at the February 11, 2025 City Council Meeting.
City Council Page 10 January 14, 2025
Motion to postpone Item 2.A Resolution of Necessity for the property located at N.
Ripon and River Rd. to the February 11, 2025 City Council Meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
3. DISCUSSION ITEMS
A. LIGHTING DISTRICT FINANCIAL UPDATE
Discussion/No Action Staff to present a summary of the Lighting District financials.
City Administrator Werner said in 2004, the property owners within City limits voted for the City to take over the Ripon Lighting District from San Joaquin County and set the assessment of $42 per Single Family Equivalent (SFE). In 2005, the Lighting District borrowed funds to convert HPS lights owned by the City to induction for maintenance and operational cost savings.
Werner said in 2017, PG&E converted PG&E owned lights from HPS to LED and the capital cost to replace these lights was paid for by the Lighting District through a temporary surcharge that was completed at the end of 2019.
Werner presented a timeline of improvements made to the Lighting District.
Werner summarized the Lighting District revenue and said that property taxes account for 15% of revenue. He said there was an assessment of $42 per single-family equivalent approved in 2004 that remains in place. He said non-residential properties are charged an equivalent SFE.
Werner said utility expenses have increased 62% since 2005 including a $50,000 increase from 2023 to 2024. He said there have been no funds transferred to a capital replacement fund.
Werner said that after 20 years, the Lighting District operating fund no longer has a negative balance, but revenue has not been sufficient to establish a capital replacement fund. He said recent increases in utility expenses present a significant challenge.
Werner said capital needs for the Lighting District include replacing induction lights and replacing the maintenance vehicle with a lift. He said the induction lights installed in 2005 typically have a 30-year life span and are estimated to cost $600,000 to replace. He said the current vehicle has exceeded its useful life, is expensive to maintain and is estimated to cost $150,000 to replace.
City Council Page 11 January 14, 2025
Werner said the financial goals of the lighting district including establishing a Capital Replacement Fund that would maintain a balance of $500,000 and sufficient funds to purchase capital without incurring debt.
Werner summarized the current financial scenario. He said if nothing is done there will be a significant deficit in the operating fund and the City would need to evaluate options to increase revenue or reduce services.
Werner presented two different options to increase the revenue modeled in the current financial scenario. Option 1 would be to increase SFE from $42 to $80, resulting in an increase of $760 per SFE over 20 years. He said Option 2 would be to increase SFE from $42 to $55 and index at 3% per year increasing SFE from $55 to $96.44 or $640 over a 20-year period.
Werner said Option 1 would see the assessment stay the same over the 20-year period and would meet the financial goals of the Lighting District, however at the end of the 20- year period there would need to be another assessment or the District would be operating in a deficit.
Werner said Option 2 has the assessment increase 3% annually allowing the Lighting District to meet its financial goals and provide the continuing revenue necessary to meet ongoing financial needs.
Werner said if the Council is interested in increasing the revenue, a Prop 218 would be required. He summarized those steps necessary including preparing an Engineer’s Report, a resolution approving the Engineer’s Report, sending out ballots and finally, a public hearing to count the ballots.
Werner said if the Council is not interested in pursuing an increase in revenue, staff will evaluate cost savings measures and/or alternative funding sources.
Council Member Zuber asked if the LED lights last as long as the induction light and if they use more or less energy. Werner said they are very similar in life and energy usage.
Mayor de Graaf said he does not understand why the lights are so expensive to replace.
Council Member Restuccia said he does not feel like the LED lights are lasting as long as advertised. Werner said he has not heard of the LED lights going out in the District.
Vice Mayor Barton said he is concerned about three Prop 218 measures going before the public right now, he believes it would be prudent to bring this back in a year. de Graaf said he agreed with Barton. Werner said the City is not in a position where the City needs to replace induction lights right now.
City Council Page 12 January 14, 2025
REPORTS
Department Heads:
Police Chief Sauer said there was a large-scale active shooter exercise last week at Ripon High and it went extremely well. He said there were over 15 participating agencies and 2,280 participants and volunteers.
Recreation Director Stevens said the tennis courts are making progress and staff is currently working on fencing. He said temporary striping was done but crews will come back when the weather warms up. He said he is hoping to open the temporary courts January 24, 2025.
Stevens congratulated Terpstra on his retirement.
Planning Director Zuidervaart said there will not be a Planning Commission meeting in January, but there will be a meeting in February.
Zuidervaart congratulated Terpstra on his retirement.
City Attorney Terpstra Jr. said he is honored to be stepping into his new role of City Attorney.
Terpstra Jr. congratulated Terpstra on his retirement saying it has been a privilege and an honor to watch him throughout his life.
Terpstra said this is his final meeting as the City of Ripon City Attorney. He said he believes the City is in the right hands. He said Ripon is a special place and the staff cares about the City and is enjoyable to work with.
City Administrator Werner said it is hard for him to see Terpstra go after 18 years of working together. He said in their department meeting this morning, staff reflected on Terpstra’s key role in some of the City's biggest decisions and agreements and his contributions have left a lasting, positive impact on the community. He said he deeply appreciates the mentorship Terpstra has provided him and the department heads.
Werner said he is excited to work with Terpstra Jr.
City Council:
Council Member Zuber said in his experience, both professionally and as a council member, he has worked with many attorneys, and when we needed someone to help guide us and keep things moving, Terpstra was that person. He said he genuinely cares about both the community and the law, which is a balance many struggle to achieve. He said he has also worked with Terpstra Jr. in various capacities, and believes the City is in good hands because Terpstra Jr. shares his father’s dedication to this town and has the knowledge to back it up.
Council Member Restuccia said he uses Terpstra as an example of a good attorney when he talks to people and said he has always appreciated Terpstra's flexibility. He said as far as Terpstra Jr. is concerned: the apple does not fall far from the tree so he believes the City is in good hands.
City Council Page 13 January 14, 2025
Restuccia said he is receiving calls about the fires in Los Angeles and about whether Ripon is prepared. He said he would like to know if Chief DeHart could make a public comment ensuring the public that the Fire Department is ready.
Restuccia said one of his main concerns is keeping Ripon, Ripon. He said the City cannot rely on Sacramento for support due to the lack of leadership and incompetence. He said that Ripon needs to be prepared to handle its own issues independently, without depending on the State. Restuccia said that despite California being one of the world’s largest economies, the State is struggling.
He added that these concerns would be addressed during their strategic planning session.
Council Member Uecker said he has known Terpstra for many years and he is a good friend. He said he wanted to congratulate Terpstra on his retirement and congratulate Terptra Jr. on his new appointment.
Vice Mayor Barton wanted to congratulate Sauer and DeHart and the community school district for the recent exercise, which he understood went well. He said that while it is a scenario they hope never happens, being prepared is essential. He also recognized Vincent and Stephanie Hobbs for their volunteer efforts in making the exercise happen and said they are invaluable to the community.
Barton said he has known Terpstra for many years, having lived just a couple houses down. He said Terpstra’s wisdom and unwavering values provided him great confidence in Terpstra's advice. He said he will miss Terpstra but is excited to work with Terpstra Jr., whom he’s known since childhood and believes he will guide the City with strong values and competence in the years to come.
Mayor de Graaf said it is clear that the community is filled with wonderful people who have dedicated time and effort to making it a great place. He echoed Barton’s comments and said the Fire and Police Departments working together with school districts on preparedness is commendable. He agreed with Restuccia’s comments about leadership in the State and surrounding communities, noting how things are done differently here. de Graaf said one of the most influential figures for him has been Terpstra. He thanked him for always being available to listen, offer counsel and being a good friend—not only in City matters but in life. He congratulated Terpstra on his retirement, thanking him for his dedicated service to the community. He said Terpstra Jr. has big shoes to fill but he has confidence in his ability to do an excellent job. de Graaf said that while Terpstra has had a huge impact on the past, he is excited about the future with Terpstra Jr. and knows the City is in good hands. de Graaf thanked everyone for being there and said he is looking forward to seeing them at the next meeting.
City Council Page 14 January 14, 2025
There being no further business, the meeting was adjourned at 7:10 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
Ripon City Council Minutes
TUESDAY, DECEMBER 10, 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, City Clerk Lisa Roos.
IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 4 cases.
(2) Public Employment – City Attorney
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss pending litigation and the upcoming retirement of the City Attorney, 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 Rex Rodgers gave the invocation.
ROLL CALL:
Attendee Name Title Status Arrived
Leo Zuber Mayor Present
Daniel de Graaf Vice Mayor Present
Gary Barton Council Member Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
1 Packet Pg. 15
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 2 December 10, 2024
OTHERS PRESENT:
City Administrator Kevin Werner, City Attorney Tom Terpstra, Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arais, Emil Guillermo, Harpal Chandar, Sonya Hamker, Amber Capua, Jeremy West Michiko, Kelly Donohue.
PUBLIC DISCUSSION:
Emil Guillermo, Ripon Poet Laureate, said he had written two short poems about Ripon and proceeded to read them.
APPROVAL OF MINUTES:
Motion to approve the minutes of the Regular Ripon City Council meeting of November 12, 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 - NOV 12, 2024 6:00 PM
ADMINISTERING THE OATH OF OFFICE TO NEWLY ELECTED COUNCIL MEMBERS:
City Clerk Roos administered the Oath of Office to Daniel de Graaf, Gary Barton and Leo Zuber.
COUNCIL REORGANIZATION:
Per Ordinance No. 800, RMC Section 2.04.020 Mayoral Selection, Council Members shall be seated as follows:
Seat 1 Mayor Daniel de Graaf
Seat 2 Vice Mayor Gary Barton
Seat 3 Council Member Dean Uecker
Seat 4 Council Member Michael Restuccia
Seat 5 Council Member Leo Zuber
(Per RMC 2.04.020, the designated Mayor and Vice Mayor must be queried to accept or decline the positions.)
City Clerk Roos led the Council Reorganization. She said she has queried both Daniel de Graaf and Gary Barton whether they want to serve in the respective seats of Mayor and Vice Mayor and both have confirmed.
Council Members were seated in their new, respective seats and the meeting was handed over to Mayor Daniel de Graaf.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 3 December 10, 2024
APPROVAL OF AGENDA AS POSTED (OR AMENDED):
Council Member Restuccia requested Items 1.3C and 1.4A be pulled from the Consent Calendar for discussion.
Motion to approve the agenda as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Vice Mayor
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1. CONSENT CALENDAR
Motion to approve the Consent Calendar as amended.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Leo Zuber, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1.1. Income
A. STATE OF CALIFORNIA
Sales Tax
(November 2023 $542,241.70)
FY 2024-25 YTD: $1,986,592
FY 2023-24 YTD: $2,074,380
Highway Users Tax
(October 2023 $36,696.28)
FY 2024-25 YTD: $168,406
FY 2023-24 YTD: $159,891
SB1 Street & Road Tax
(November 2023 $36,409.97)
FY 2024-25 YTD: $185,872
FY 2023-24 YTD: $166,364
$433,691.92
$37,919.75
$41,353.19
TOTAL $512,964.86
B. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
November 2024 $1,305.31
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
September 2024
October 2024
$4,522.16
$4,250.51
TOTAL: $8,772.67
1 Packet Pg. 17
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 4 December 10, 2024
D. CHARTER COMMUNICATIONS
Quarterly Franchise Fee Payment – September 2024 $21,622.57
1.2. Bills, Invoices, Payments
A. LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
$8,387.50
$420.00
TOTAL $8,807.50
B. RIPON CHAMBER OF COMMERCE
2025 Membership Investment
Invoice # 6192 $185.00
C. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #34561 $1,548.00
D. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
October 2024 Invoice #AR115169 $2,745.76
E. ADAMS ASHBY GROUP, INC.
Senior Center Rehabilitation Project
Labor Compliance
Progress Payment – Invoice #6290 $2,500.00
F. DIEDE CONSTRUCTION, INC.
Fleet Maintenance Facility Project
Progress Payment – Invoice #20 $10,445.25
G. PADILLA & ASSOCIATES
Disadvantaged Business Enterprise Reporting Services
Progress Payment – Invoice #23-111-03 $850.00
H. LSC TRANSPORTATION CONSULTANTS, INC.
Short Range Transit Plan
Progress Payment – Invoice #71045 $10,098.82
I. CTE CAL, INC.
3 rd Street Water Replacement Project
Materials Testing & Inspection Services
Progress Payment - Invoice #35467 $460.00
J. TRIPLE M ENTERPRISE, INC.
Wastewater Treatment Plant Percolation Pond Project
Invoice #2024-24 $2,080.00
1 Packet Pg. 18
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 5 December 10, 2024
K. DE NOVO PLANNING GROUP
City of Ripon 6th Cycle Housing Element
Progress Payment – Invoice #4504 $18,500.00
L. AMERICAN PAVEMENT SYSTEMS, INC.
South of Main Street Resurfacing Project
Progress Payment – Invoice #5 $207,343.67
M. STONE CREEK ENVIRONMENTAL CONSULTING
Trash Implementation Plan as required by State Permit
Progress Payment – Invoice #02506 $1,126.25
N. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
Progress Payment – Invoice #114624 $5,950.00
O. STANTEC CONSULTING SERVICES, INC.
Wastewater Discharge Permit Groundwater Monitoring
Invoice #2315325 – 3
rd Quarter 2024
Well 9 Evaluation and Condition Assessment
Progress Payment – Invoice #2316661
$2,104.00
$193,132.89
TOTAL $195,236.89
1.3. Resolutions
A. RESOLUTION NO. 24-43
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.
B. RESOLUTION NO. 24-44
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
FINANCIAL STATEMENTS AND
INDEPENDENT AUDITOR'S
REPORT FOR THE YEAR ENDED
JUNE 30, 2024
This resolution accepts the City of Ripon
Financial Statements and Independent
Auditor’s Report for the year ended June
30, 2024, prepared by Price Paige &
Company Accountancy Corporation.
1 Packet Pg. 19
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 6 December 10, 2024
C. ITEM C WAS MOVED TO ITEMS PULLED FROM CONSENT
1.4. Miscellaneous Items
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. COMMUNITY CENTER TENNIS COURTS EQUIPMENT PURCHASE
Pickleball Central Approve the purchase of four Douglas Premier Portable Pickleball Net Systems
for the Community Center Tennis
Courts in the not to exceed amount of
$10,339.69 (funding source: Parks and
Recreation Capital Fund).
C. PROFESSIONAL SERVICES AGREEMENT
California CAD Solutions Approve and authorize the Mayor to sign the annual agreement with
California CAD Solutions, Inc. for the
GIS system subscription, including
maintenance and potential service
upgrades. This agreement facilitates the
continued enhancement and
maintenance of the GIS system, with
costs not to exceed amount of $20,000
(funding source: split between General
Fund, Water Fund and Sewer Fund).
D. PROCLAMATION
Ripon High School Present a proclamation to Ripon High
School recognizing its outstanding
athletic accomplishments.
ITEMS PULLED FROM CONSENT
1.3A : RESOLUTION NO. 24-45
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RIPON
ACCEPTING THE CITY OF RIPON
MONEY PURCHASE THRIFT PENSION
PLAN FINANCIAL STATEMENTS AND
INDEPENDENT AUDITOR'S REPORT
JUNE 30, 2024 AND 2023
This resolution accepts the City of Ripon
Money Purchase Thrift Plan Financial
Statements and Independent Auditor’s
Report June 30, 2024 and 2023, prepared
by Price Paige & Company Accountancy
Corporation.
Council Member Restuccia said he pulled this item because there is an error in the audit. City Clerk Roos said the schedule of assets noted on page 10 was incorrect. The auditors will be correcting the error and issuing a new report.
1 Packet Pg. 20
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 7 December 10, 2024
Motion to accept Resolution 24-45 accepting the City of Ripon Money Purchase Thrift Plan Financial Statements and Independent Auditor’s Report June 30, 2024 and 2023 with changes as noted.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1.4A : MEMORANDUM OF UNDERSTANDING - EDIBLE FOOD RECOVERY
PROGRAM
San Joaquin County Approve and authorize the Mayor to sign the Memorandum of Understanding
between the City of Ripon and the County
of San Joaquin for the enforcement of the
State required Edible Food Recovery
Program within Ripon city limits.
Council Member Restuccia said he pulled this item because he wanted to remind residents that this is part of an unfunded mandate from the State of California, signed in 2013 and would like everyone to realize that this will cost money. He said the City has to comply with the State’s methane reduction goals, but the State has not provided a clear plan or cost-benefit analysis. He said people need to be aware that this could affect our garbage rates.
Motion to approve and authorize the Mayor to sign the Memorandum of Understanding between the City of Ripon and the County of San Joaquin for the enforcement of the State required Edible Food Recovery Program within Ripon city limits.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Gary Barton, Vice Mayor
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
**END OF CONSENT CALENDAR**
PRESENTATION OF PROCLAMATION
Mayor de Graaf presented a proclamation to the athletes and Rod Wright, Athletic Director for Ripon High School, in recognition for its outstanding athletic accomplishments. 1 Packet Pg. 21
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 8 December 10, 2024
2. PUBLIC HEARINGS
Council will take action on the following items at the conclusion of each Public Hearing.
A. AB1600 DEVELOPMENT IMPACT FEE ANNUAL AND FIVE-YEAR FINDINGS REPORT FOR FISCAL YEAR 2023-24
This is a public hearing on the AB1600
Development Impact Fee Annual Report
for fiscal year 2023-24 and the Five-Year
Findings Report covering fiscal years
2019-20 through 2023-24 as required by
Government Code Section 66000 et seq.
Recommended Action: Adopt the
AB1600 Development Impact Fee Annual
Report for fiscal year 2023-24 and the
Five-Year Findings Report covering fiscal
years 2019-20 through 2023-24 that has
been prepared in accordance with the
provisions of the California Government
Code.
City Clerk Roos said this is a public hearing on our annual report of capital fees for the fiscal year ending June 30, 2024 and the five-year report pursuant to California Government Code Section 66000.
Roos said the staff report provides information for the Council regarding this AB1600- Development Impact Fee Annual report also known as the Public Facility Financing Plan Annual Progress Report and the requirements under Government Code Section 66000 along with how this Report ties to the Fund Summary Balances report as of June 30, 2024.
Roos said this Report has been updated to provide more information to the City Council and prepared in accordance with the requirements of the Government Code, including the newer laws.
Roos said a few updates were done to the report that was posted 15 days before the meeting. She said these minor changes were to be in compliance with the current law.
Roos said staff recommends the Ripon City Council adopt the AB1600 Development Impact Fee Annual Report for fiscal year 2023-2024 and the Five Year Report covering fiscal years 2019-20 through 2023-24 with the changes noted.
PUBLIC HEARING OPENED
No one from the public wished to speak at this time.
PUBLIC HEARING CLOSED
1 Packet Pg. 22
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 9 December 10, 2024
Vice Mayor Barton asked Roos what the annual increase is. Roos said it is based on Consumer Price Index.
Motion to adopt the AB1600 Development Impact Fee Annual Report for fiscal year 2023-24 and the Five-Year Findings Report covering fiscal years 2019-20 through 2023-24.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
3. DISCUSSION ITEMS
A. WATER, SEWER, GARBAGE ENTERPRISE FUNDS ANNUAL RATE
ADJUSTMENT ANALYSIS (YEAR 5)
Discussion/Action Staff is recommending the City Council approve implementing the February 1,
2025 rate increases for the water (2%),
sewer (4%) and garbage (4%) enterprise
funds that were originally recommended in
the 2020 5-Year Utility Rate Study report
and approved in 2020 by property owners
within Ripon city limits in accordance with
Proposition 218.
City Administrator Werner said in 2020, the City's consultant prepared a five-year engineering study that evaluated the operating revenue and capital replacement needs of the water, sewer, and garbage enterprise funds that the City operates. He referenced a table in the staff report that lists what those adjustments were for 2025 including a 2% increase for water, a 4% increase for sewer, and a 4% increase for garbage. Werner said these rate increases went to a Proposition 218 ballot in 2020. He said the proposed rates go into effect on February 1st of each year.
Werner said the actual expenses for the Water Fund over the five-year period were higher than what was initially anticipated and is a result of inflation. He said these numbers were offset by increases in water use, which were higher than what was expected in the initial report however, staff anticipates completing the transfer of capital funds designated for future capital replacement, as outlined in the initial report.
Werner said a similar situation occurred with the Sewer Fund, where inflation drove up actual expenses over the five-year period. He said however, unlike the Water Fund, these costs were not sufficiently offset by rate increases and as a result, the transfer to the capital replacement account is 5.5% less than originally projected. 1 Packet Pg. 23
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 10 December 10, 2024
Werner said the Garbage Fund was the most impacted, not only by inflation but also by unexpected regulatory expenses passed down from the state of California to the City. He said these costs affected both our obligations and the companies we contract to off-haul waste, which passed their regulatory fees on to us through higher tipping fees. He said as a result, capital transfers for replacement, particularly for garbage trucks, were 54% below projections. He said the City was unable to maintain the target fund balance recommended in the report, however, since the garbage fund carries no debt, this shortfall is manageable. He said while there are no bond requirements to maintain a minimum balance, the fund was intended to cover unforeseen short-term deficits.
Werner said staff is recommending the Council approve the full rate increases outlined in the report. He said for the average single-family customer with a one-inch meter, 16 units of water use per month, and both black and green waste cans, this would result in an increase of approximately $3.72 per month, or about 3%.
Werner said staff has been monitoring regulatory expenses for each of the enterprise funds, with a table detailing the costs for each fund. He said in the 2023-2024 fiscal year, total regulatory compliance expenses amounted to just under $600,000, for the average single-family customer, this adds approximately $8.40 per month to their bill, accounting for just under 7% of the total.
Council Member Restuccia said there is a 2% increase for water, 4% for sewer, and 4% for garbage, which does not cover the regulatory requirements being imposed on us.
However, if we could cover these costs the increases would actually be 5.29% for water,
6.38% for sewer, and 10.23% for garbage. He said since the Council has passed the rate study, any future adjustments will go through another Proposition 218 process. Restuccia said the rate study is done on a five-year cycle, but when the study was done in 2018, we could not have anticipated all these regulatory impacts.
Motion to approve implementing the February 1, 2025 rate increases for the water (2%), sewer (4%) and garbage (4%) enterprise funds that were originally approved in the 2020 5-Year Rate Study.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
B. SAN JOAQUIN ONE VOICE ADVOCACY TRIP 2025
2025 SJCOG One Voice Trip
Discussion/Action
If the City Council is interested in sending
a representative or representatives to
participate in the 2025 One Voice trip,
please designate and approve the City’s
representative(s) to attend.
City Administrator Werner said San Joaquin One Voice is San Joaquin Council of Government’s (SJCOG) federal advocacy program for San Joaquin County that promotes 1 Packet Pg. 24
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 11 December 10, 2024
projects, programs and issues of regional significance to federal legislators and agencies typically through an annual trip to Washington, D.C.
Werner said in 2022 the SJCOG developed a new process to review and evaluate project applications. This new criterion for the One Voice projects is intended to allow SJCOG to bring forward and focus on the projects that provides the best chance at securing available funds. He said the project needs to prove it is regional and has a federal nexus, have a complete or near complete National Environmental Policy Act clearance, be significantly developed to warrant Federal spending; and have demonstrated community support.
Werner said the City of Ripon had attended the One Voice trip in 2024 and was able to secure funding for the South San Joaquin Irrigation District Surface Water Connection Project. He said the City of Ripon does not have a project that meets the criteria identified by SJCOG for a project submittal for the 2025 One Voice trip.
Werner said SJCOG will be submitting a regional project that impacts the City of Ripon, which is the State Route 99/120 Connector Project, Phase 1B. He said Phase 1A of the project, which addresses eastbound SR 120 and southbound SR 99, is entering the construction phase. Werner said SJCOG’s intent is to complete the design and right-ofway phases of Phase 1B during the Phase 1A construction period, allowing Phase 1B to enter construction seamlessly upon the completion of Phase 1A.
Werner said the 2025 One Voice trip is tentatively scheduled for May 19 to May 25, 2025 and does not conflict with the May City Council meeting. He said if the City of Ripon was to send a representative to the 2025 One Voice trip, they would be advocating for the SR 99/120 Connector Project, Phase 1B, along with other regionally significant projects.
Council Member Zuber said in the recent past our participation has been very positive and the results have been positive for the City so he would like to make a motion to send the City Administrator and a Council Member to the 2025 One Voice trip.
Council discussed and agreed to send Mayor de Graaf as the Ripon representative. de Graaf said he would be willing to attend.
Motion to authorize the City Administrator and a Council Member to attend the One Voice Advocacy Trip in May 2025.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
1 Packet Pg. 25
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) City Council Page 12 December 10, 2024
C. COUNCIL COMMITTEE AND TASK FORCES
Discussion/No Action Mayor de Graaf to discuss Council
Committee and Task Force appointments
for 2025.
Mayor de Graaf and Council discussed Council Committee assignments. de Graaf asked Deputy City Clerk Kilgore to send a list of current Council Committee assignments to him and Council.
REPORTS
Department Heads:
No reports.
City Council:
Council Member Zuber asked who was riding on the float for the Christmas Light Parade and said someone would be in touch with them with more information.
Vice Mayor Barton said he is excited for this coming year for many different reasons. He said we are very blessed as a Country and as a City.
Barton said he wanted to congratulate the new Mayor and is looking forward to working with Mayor de Graaf. He said he wanted to thank Zuber for his work in the past year and handling his duties so well.
Barton said he believes it is a great time of year and we all have an incredible amount to be thankful for and he would like to wish everyone Season's Greetings and Merry Christmas. He said he is looking forward to the parade on Thursday and believes it is one of the great events in our City every year.
Mayor de Graaf said he would like to echo Barton’s remarks about Zuber. He said he is excited for the upcoming year.
de Graaf said he wanted to thank everyone for attending the meeting.
There being no further business, the meeting was adjourned at 6:34 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
1 Packet Pg. 26
Minutes Acceptance: Minutes of Dec 10, 2024 6:00 PM (Approval of Minutes) Ripon City Council
Special Meeting Minutes
THURSDAY, DECEMBER 19, 2024
SPECIAL MEETING
12:00 PM
The Special Meeting was called to order by Mayor Daniel de Graaf at 12:00 pm.
ROLL CALL:
Attendee Name Title Status Arrived
Daniel de Graaf Mayor Present
Gary Barton Vice Mayor Present
Dean Uecker Council Member Present
Michael Restuccia Council Member Present
Leo Zuber Council Member Present
OTHERS PRESENT: City Administrator Kevin Werner, City Clerk Lisa Roos.
PUBLIC DISCUSSION:
No one from the public wished to speak at this time.
1. CLOSED SESSION
IN THE MATTER OF:
(1) Public Employment – City Attorney
City Attorney Terpstra joined the meeting at 1:30 PM.
Council Member Uecker left the meeting at 1:42 PM.
Return to open session.
City Attorney Terpstra said Council met in closed session to discuss the position of City Attorney. Deputy City Attorney Tom Terpstra Jr. was interviewed and ultimately selected to serve as City Attorney on a unanimous vote. Staff was directed to prepare a legal service agreement for the City Council’s consideration at the January 14, 2025 City Council Meeting. No other reportable action was taken.
2 Packet Pg. 27
Minutes Acceptance: Minutes of Dec 19, 2024 12:00 PM (Approval of Minutes) City Council Page 2 December 19, 2024
2. ADJOURNMENT
There being no further business, the meeting was adjourned at 1:47 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
2 Packet Pg. 28
Minutes Acceptance: Minutes of Dec 19, 2024 12:00 PM (Approval of Minutes)
1.1.A.a
Packet Pg. 29
Attachment: 2024 10 advance (4506 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2400161 and 2400161AIssue Date: December 05, 2024Fiscal Year: 2024-2025Collection Period: October 24, 2024 - November 23, 2024Description: Streets and Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Heather Bui at 916-323-0740 or at [email protected].
City Population Section 2103 Section 2105 Section 2106 Section 2107 Section 2107 Snow
(Included in Section
2107 Amount) Section 2107.5 Gross Claim
Withheld/Return of
Funds due to
Delinquent Annual
Street Report Payment Amount Year To Date
Ripon City Treasurer 15,988 $15,192.38 $8,473.76 $5,898.63 $12,074.59 $0.00 $0.00 $41,639.36 $0.00 $41,639.36 $210,045.34
1.1.A.b
Packet Pg. 30
Attachment: fy2425_11hwycityra (4506 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2400176 and 2400176A
Issue Date: December 20, 2024
Fiscal Year: 2024-2025
Collection Period: November 01, 2024 - November 30, 2024 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.
For assistance, please contact John Bodolay at 916-323-2154 or at [email protected].
City Population Payment Amount Year To Date
Ripon City Treasurer 15,988 $31,726.64 $145,743.52
1 of 1
1.1.A.c
Packet Pg. 31
Attachment: rmra_cities_remit_2425_dec24 (4506 : State of California)
1.1.B.a
Packet Pg. 32
Attachment: CCATT (4507 : CCATT Holdings)
1.1.C.a
Packet Pg. 33
Attachment: Remit_Ripon_202411 (4508 : Waste Management) 202411 Total
CR Cash Receipts 1 Commercial $ 26,149.80 $ 26,149.80
CR Cash Receipts 2 Roll Off $ 5,304.77 $ 5,304.77
CR Cash Receipts 3 Residential $ - $ -
CR Cash Receipts 4 $ -
CR Cash Receipts 5 $ -
CR Cash Receipts TTL Total Cash Receipts $ 31,454.57 $ 31,454.57 FFA Franchise Fee Payable 1 Franchise Fees Due $ 2,516.37 $ 2,516.37 FFA Franchise Fee Payable 2 $ -
FFA Franchise Fee Payable 3 $ -
FFA Franchise Fee Payable 4 $ -
FFA Franchise Fee Payable 5
FFA Franchise Fee Payable TTL Total Franchise Fee Payable $ 2,516.37 $ 2,516.37 FFR Franchise Fee Rate 1 Franchise Fee Rate 8%
Amount: $ 2,516.37
Administrative Coding
WM VndrNo: 386801
Ripon, CA 95366
Monthly Franchise Fee Payment
For the Month Ended November 2024
Section Description Line Description
259 N Wilma Ave
Stockton Scavengers
(a USA Waste of California, Inc. company)
1240 Navy Dr, Stockton, CA 95296
City of Ripon
1.1.C.a
Packet Pg. 34
Attachment: Remit_Ripon_202411 (4508 : Waste Management) Invoice
Date 12/16/2024 Invoice # 194825
Terms Net 30 Due Date 01/15/2025
P.O. Number:
For any questions about your invoice, please contact
us at [email protected] or 1-800-314-0147
Thank you for your business
1 of 1
Please remit via ACH to:
Routing #: 022000020
Acct #: 269099115
Please Send Checks to:
Granicus
Dept CH – Box 19634
Palatine, IL 60055 - 9634
Bill To Sold To
Ripon, CA
259 N. Wilma Ave.
Ripon CA 95366
United States
Ripon, CA
259 N. Wilma Ave.
Ripon CA 95366
United States
Description Term Start
Date
Term End
Date Tax Rate TaxAmount Amount
IQM2 - Digital Boardroom 12/30/2024 09/30/2025 0.00% $0.00 $6,639.39 IQM2 - Agenda & Minutes 12/30/2024 09/30/2025 0.00% $0.00 $7,084.19 Subtotal $13,723.58
Tax Total $0.00
Total $13,723.58
Amount Due $13,723.58
1.2.A.a
Packet Pg. 35
Attachment: Invoice_194825_1734363635573 (4499 : Granicus Legislative Management) CONTRACTOR: American Pavement Systems
PROJECT: South of Main Street Resurfacing Project
PROJECT DESCRIPTION:
INVOICE NO: 6
DATE: 12/31/2024
ORIGINAL CONTRACT AMOUNT: $1,576,800.00 PREVIOUSLY BILLED AMOUNT: $2,030,008.29 LESS RETENTION: $101,500.44
APPROVED CONTRACT CHANGES: $480,585.09 PREVIOUSLY PAID AMOUNT: $1,928,507.85 CURRENT INVOICED AMOUNT: $19,158.18
LESS RETENTION: $957.91
TOTAL CONTRACT AMOUNT: $2,057,385.09 CURRENT AMOUNT DUE: $18,200.27 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $2,049,166.47 LESS RETENTION: $102,458.35
TOTAL PAID TO DATE: $1,946,708.12
INVOICE SUMMARY
Work completed includes regrading of 3rd St and installtion of markers on Canal Boulevard and Highland Avenue.
INVOICE SUMMARY
The project includes the resurfacing of various streets near Vera Avenue, Fourth Street, 7th Street, and Robert Avenue. The project spans approximately 7.7 center line miles and covers 162,500 square yards of asphalt which will be resurfaced through various combinations of asphalt rubber cape seals, class II slurry seals and micro seals. Also included are dig out and repair sections, striping removal and restoration, and concrete work.
CONTRACT INFORMATION BILLING INFORMATION
1.2.B.a
Packet Pg. 36
Attachment: Invoice 6_American Pavement Systems (4502 : American Pavement Systems, Inc.)
1.2.C.a
Packet Pg. 37
Attachment: Price Paige (4509 : Price Paige & Company)
Invoice
Date
12/25/2024
Invoice #
407
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
11/26/2024 THT 325.00 1.5 487.50
12/2/2024 THT 325.00 2 650.00
12/10/2024 THT 325.00 3 975.00
12/12/2024 THT 325.00 0.5 162.50
12/14/2024 THT 325.00 1.75 568.75
12/18/2024 THT 325.00 3.5 1,137.50
Review and respond to client re Mohler Road
property, discuss issues with client.
Review MOU with County on SB 1383, emails re
same; review and respond to emails from Corona
Environmental.
Attend staff meeting, prepare for City Council
meeting, attend meeting.
Assist on personnel matter, report out on City
Council meeting.
Meeting with Kevin and Tommy to review task list
and discuss pending issues, update same.
Calls, emails to and from client re: personnel matter.
Follow up on Council closed session items with
Kevin and THT Jr.
Neumiller & Beardslee's Invoice Number 351301
(Paid in full by The Law Office of Thomas H.
Terpstra).
325.00 2
3,775.26
12/19/2024 650.00
3,775.26
$8,406.51
THT
1.2.D.a
Packet Pg. 38
Attachment: Terpstra Invoices (4510 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2024
Invoice #
408
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 351301
(Paid in full by The Law Office of Thomas H.
Terpstra).
1,603.68 1,603.68
$1,603.68
1.2.D.a
Packet Pg. 39
Attachment: Terpstra Invoices (4510 : Law Office of Thomas H. Terpstra) Invoice
Date
12/25/2024
Invoice #
411
Bill To
City of Ripon - SSJID/Pipeline
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 #
1084-409
Total
Date Attorney Description Rate Hours Amount
Calls to and from Manteca City Attorney, client
discuss CEQA issues, draft and send proposed letter
to Manteca and SSJID.
12/18/2024 THT 325.00 975.00 3
$975.00
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Attachment: Terpstra Invoices (4510 : Law Office of Thomas H. Terpstra)
SAN JOAQUIN REGIONAL
TRANSIT DISTRICT
421 E Weber Avenue Invoice Date: 12/06/24
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
11/30/2024 NOVEMBER 2024 29.08 65.50 1,904.74
TAX 0.00
Total Due 1,904.74
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - - - - Invoice Number: AR115190
Please make checks payable to: Customer Number: C01524
Terms: Due upon receipt
SAN JOAQUIN RTD Total Amount Due $ 1,904.74
421 E Weber Avenue
Stockton, CA 95202
Total Payment $ ____________________
INVOICE
Invoice Number: AR115190
Customer Number: C01524
Description
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
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Attachment: Invoice AR115190_SJRTD (4520 : SJRTD)
SAN JOAQUIN REGIONAL
TRANSIT DISTRICT
421 E Weber Avenue Invoice Date:
Stockton, CA 95202 Terms:
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
12/31/2024 DECEMBER 2024 37.92 65.50 2,483.76
TAX 0.00
Total Due 2,483.76
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - - - - Invoice Number: AR115214
Please make checks payable to: Customer Number: C01524
Terms: Due upon receipt
SAN JOAQUIN RTD Total Amount Due $ 2,483.76
421 E Weber Avenue
Stockton, CA 95202
Total Payment $ ____________________
INVOICE
Invoice Number:
Customer Number:
AR115214
C01524
1/03/25
Due upon receipt
Description
PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
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Attachment: Invoice AR115214_SJRTD (4520 : SJRTD)
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Attachment: Invoice 71210_LSC Transportation Consultants, Inc (4521 : LSC Transportation Consultants, Inc.)
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Attachment: Invoice 71210_LSC Transportation Consultants, Inc (4521 : LSC Transportation Consultants, Inc.)
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Attachment: Invoice 71210_LSC Transportation Consultants, Inc (4521 : LSC Transportation Consultants, Inc.)
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Attachment: Invoice 71212_LSC Transportation Consultants, Inc (4521 : LSC Transportation Consultants, Inc.)
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Attachment: Invoice 71212_LSC Transportation Consultants, Inc (4521 : LSC Transportation Consultants, Inc.) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
To: City of Ripon MFS Project No.:
259 N. Wilma Avenue Invoice No.:
Ripon, CA 95366 Date:
202002
202002-01_12-24
December 30, 2024
Attention: Mr. Kevin Werner
Sent Via Email to: [email protected]
Subject: Water, Sewer and Garbage Fund Four-Year Rate Plan Reviews Billing Period: October 21, 2024 through December 29, 2024 Billing Number: 1
Reference: Agreement dated March 10, 2020
MFS Contact: Tom Pavletic, 510.439.6264
WATER Hours Rate Billing Amount
Task 1 - Develop Customer Use Characteristics 2.00 $160.00 $320.00 Task 2 - Develop Financial Plan / Revenue Requirements 2.00 $160.00 $320.00 Task 3 - Develop Rate Alternatives 0.00 $160.00 $0.00
Task 4 - Prepare Preliminary, Draft and Final Reports 2.50 $160.00 $400.00 Task 5 - Prepare Presentations/Attend Meetings 0.00 $160.00 $0.00 Total Labor 6.50 $1,040.00
SEWER Hours Rate Billing Amount
Task 1 - Develop Customer Use Characteristics 0.00 $160.00 $0.00 Task 2 - Develop Financial Plan / Revenue Requirements 2.00 $160.00 $320.00 Task 3 - Develop Rate Alternatives 0.00 $160.00 $0.00
Task 4 - Prepare Preliminary, Draft and Final Reports 2.50 $160.00 $400.00 Task 5 - Prepare Presentations/Attend Meetings 0.00 $160.00 $0.00 Total Labor 4.50 $720.00
GARBAGE Hours Rate Billing Amount
Task 1 - Develop Customer Use Characteristics 0.00 $160.00 $0.00 Task 2 - Develop Financial Plan / Revenue Requirements 2.00 $160.00 $320.00 Task 3 - Develop Rate Alternatives 0.00 $160.00 $0.00
Task 4 - Prepare Preliminary, Draft and Final Reports 2.50 $160.00 $400.00 Task 5 - Prepare Presentations/Attend Meetings 0.00 $160.00 $0.00 Total Labor 4.50 $720.00
AMOUNT DUE THIS INVOICE 15.50 $2,480.00
WORK PROGRESS (week beginning date)
21-Oct-24 TEAMS call w/ Christiana Giedd (CG) on Oct 23; update previous years' final version of models for wtr/swr/gbg; update draft TM; send water, sewer, and garbage models v00 to CG on Oct 24; 28-Oct-24 no activity
4-Nov-24 no activity
11-Nov-24 no activity
18-Nov-24 receive v01 draft rate evaluation excel workbooks from CG on Nov 18; review FY24-FY27 actual adopted and projected data; TEAMS call w/CG on Nov 19 re: updates to swr model; update previous years' final version of models w/ wtr/swr/gbg updates; compose draft TM d1-0; conf call w/CG on Nov 20 re: wtr model v02 and TM d1-0; send draft TM d1-1, wtr model v04, swr model v02, and gbg model v02 to CG on Nov 21; receive draft TM d1-2 on Nov 22 with revisions by CG; update TM to final version f1-0 and send docx and pdf to CG on Nov 22; send table and figure of 15 year SF bill history to CG on Nov 22; 25-Nov-24 no activity
2-Dec-24 no activity
9-Dec-24 no activity
16-Dec-24 no activity
23-Dec-24 no activity
Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser.
Page: 1
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Attachment: Invoice 202002-01_Pavletic Consulting, Inc (4522 : Pavletic Consulting, LLC) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
Water Rates
Week Begin Task Total Cumulative
Monday 001 002 003 004 005 Hours % Hours % Inv
21-Oct-24 1.0 1.0 1.0 2.0 2.9% 2.0 2.9%
28-Oct-24 0.0 0.0% 2.0 2.9%
4-Nov-24 0.0 0.0% 2.0 2.9%
11-Nov-24 0.0 0.0% 2.0 2.9%
18-Nov-24 1.0 1.0 1.5 2.0 2.9% 4.0 5.9%
25-Nov-24 0.0 0.0% 4.0 5.9%
2-Dec-24 0.0 0.0% 4.0 5.9%
9-Dec-24 0.0 0.0% 4.0 5.9%
16-Dec-24 0.0 0.0% 4.0 5.9%
23-Dec-24 0.0 0.0% 4.0 5.9% No. 1
Total FY25 2.00 2.00 0.00 2.50 0.00 6.50 5.9%
Total FY21 13.00 15.00 4.00 8.00 1.50 41.50 61.0%
Total FY22 0.00 8.50 0.00 2.00 0.00 10.50 15.4%
Total FY23 0.00 2.50 1.00 1.75 0.00 5.25 7.7%
Total FY24 1.25 1.00 0.25 1.50 0.00 4.00 5.9%
Total FY20-FY25 16.25 29.00 5.25 15.75 1.50 67.75 99.6% Budget 12.00 20.00 16.00 12.00 8.00 68.00
% Spent 135% 145% 33% 131% 19% 100%
Legend
Task 1 - Develop Customer Use Characteristics Task 4 - Prepare Preliminary, Draft and Final Reports Task 2 - Develop Financial Plan / Revenue Requirements Task 5 - Prepare Presentations/Attend Meetings Task 3 - Develop Rate Alternatives *
* In FY23, Task 3 accounts for evaluation of SSJID Treated Water Supply project costs and summary of regulatory impacts Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 2
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Attachment: Invoice 202002-01_Pavletic Consulting, Inc (4522 : Pavletic Consulting, LLC) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
Sewer Rates
Week Begin Task Total Cumulative
Monday 001 002 003 004 005 Hours % Hours % Inv
21-Oct-24 1.0 1.0 1.0 1.5% 1.0 1.5%
28-Oct-24 0.0 0.0% 1.0 1.5%
4-Nov-24 0.0 0.0% 1.0 1.5%
11-Nov-24 0.0 0.0% 1.0 1.5%
18-Nov-24 1.0 1.5 1.0 1.5% 2.0 2.9%
25-Nov-24 0.0 0.0% 2.0 2.9%
2-Dec-24 0.0 0.0% 2.0 2.9%
9-Dec-24 0.0 0.0% 2.0 2.9%
16-Dec-24 0.0 0.0% 2.0 2.9%
23-Dec-24 0.0 0.0% 2.0 2.9% No. 1
Total FY25 0.00 2.00 0.00 2.50 0.00 4.50 2.9%
Total FY21 14.00 13.00 6.00 11.00 1.00 45.00 66.2%
Total FY22 0.00 3.50 0.00 2.00 0.00 5.50 8.1%
Total FY23 0.00 1.50 0.00 1.75 0.00 3.25 4.8%
Total FY24 0.50 1.00 0.25 1.50 0.00 3.25 4.8%
Total FY20-FY25 14.50 21.00 6.25 18.75 1.00 61.50 90.4% Budget 12.00 20.00 16.00 12.00 8.00 68.00
% Spent 121% 105% 39% 156% 13% 90%
Legend
Task 1 - Develop Customer Use Characteristics Task 4 - Prepare Preliminary, Draft and Final Reports Task 2 - Develop Financial Plan / Revenue Requirements Task 5 - Prepare Presentations/Attend Meetings Task 3 - Develop Rate Alternatives
Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 3
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Attachment: Invoice 202002-01_Pavletic Consulting, Inc (4522 : Pavletic Consulting, LLC) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
Garbage Rates
Week Begin Task Total Cumulative
Monday 001 002 003 004 005 Hours % Hours % Inv
21-Oct-24 1.0 1.0 1.0 1.5% 1.0 1.5%
28-Oct-24 0.0 0.0% 1.0 1.5%
4-Nov-24 0.0 0.0% 1.0 1.5%
11-Nov-24 0.0 0.0% 1.0 1.5%
18-Nov-24 1.0 1.5 1.0 1.5% 2.0 2.9%
25-Nov-24 0.0 0.0% 2.0 2.9%
2-Dec-24 0.0 0.0% 2.0 2.9%
9-Dec-24 0.0 0.0% 2.0 2.9%
16-Dec-24 0.0 0.0% 2.0 2.9%
23-Dec-24 0.0 0.0% 2.0 2.9% No. 1
Total FY25 0.00 2.00 0.00 2.50 0.00 4.50 2.9%
Total FY21 11.00 9.00 5.00 8.00 1.00 34.00 50.0%
Total FY22 0.00 4.00 0.00 2.00 0.00 6.00 8.8%
Total FY23 0.00 2.50 0.00 1.75 0.00 4.25 6.3%
Total FY24 0.50 1.50 1.75 2.50 0.00 6.25 9.2%
Total FY20-FY25 11.50 19.00 6.75 16.75 1.00 55.00 80.9% Budget 12.00 20.00 16.00 12.00 8.00 68.00
% Spent 96% 95% 42% 140% 13% 81%
Legend
Task 1 - Develop Customer Use Characteristics Task 4 - Prepare Preliminary, Draft and Final Reports Task 2 - Develop Financial Plan / Revenue Requirements Task 5 - Prepare Presentations/Attend Meetings Task 3 - Develop Rate Alternatives
Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 4
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Attachment: Invoice 202002-01_Pavletic Consulting, Inc (4522 : Pavletic Consulting, LLC) Pavletic Consulting LLC
2014 Mann Parkway, Celina, TX 75009
Phone 510.439.6264
To: City of Ripon MFS Project No.: 202002 MFS Project No.:
259 N. Wilma Avenue Invoice No.: 202002-01 Invoice No.:
Ripon, CA 95366 Date: December 30, 2024 Date:
Attention: Mr. Kevin Werner
Water, Sewer and Garbage Fund Four-Year Rate Plan Reviews
SUMMARY OF ACCOUNT
Total This Prior Invoiced Total Invoiced
Item Budget Invoice To Date To Date
WATER
Task 1 - Develop Customer Use Characteristics $1,920.00 $320.00 $2,280.00 $2,600.00 Task 2 - Develop Financial Plan / Revenue Requirements $3,200.00 $320.00 $4,320.00 $4,640.00 Task 3 - Develop Rate Alternatives $2,560.00 $0.00 $840.00 $840.00 Task 4 - Prepare Preliminary, Draft and Final Reports $1,920.00 $400.00 $2,120.00 $2,520.00 Task 5 - Prepare Presentations/Attend Meetings $1,280.00 $0.00 $240.00 $240.00 Total Labor $10,880.00 $1,040.00 $9,800.00 $10,840.00
SEWER
Task 1 - Develop Customer Use Characteristics $1,920.00 $0.00 $2,320.00 $2,320.00 Task 2 - Develop Financial Plan / Revenue Requirements $3,200.00 $320.00 $3,040.00 $3,360.00 Task 3 - Develop Rate Alternatives $2,560.00 $0.00 $1,000.00 $1,000.00 Task 4 - Prepare Preliminary, Draft and Final Reports $1,920.00 $400.00 $2,600.00 $3,000.00 Task 5 - Prepare Presentations/Attend Meetings $1,280.00 $0.00 $160.00 $160.00 Total Labor $10,880.00 $720.00 $9,120.00 $9,840.00
GARBAGE
Task 1 - Develop Customer Use Characteristics $1,920.00 $0.00 $1,840.00 $1,840.00 Task 2 - Develop Financial Plan / Revenue Requirements $3,200.00 $320.00 $2,720.00 $3,040.00 Task 3 - Develop Rate Alternatives $2,560.00 $0.00 $1,080.00 $1,080.00 Task 4 - Prepare Preliminary, Draft and Final Reports $1,920.00 $400.00 $2,280.00 $2,680.00 Task 5 - Prepare Presentations/Attend Meetings $1,280.00 $0.00 $160.00 $160.00 Total Labor $10,880.00 $720.00 $8,080.00 $8,800.00
TOTAL $32,640.00 $2,480.00 $32,640.00 $2,480.00 $2,480.00 $27,000.00 $27,000.00 $27,000.00 $29,480.00 $29,480.00 TOTAL PAID TO DATE $27,000.00
BALANCE OUTSTANDING $2,480.00
BUDGET REMAINING $3,160.00
Payment is due within 30 days of receipt of invoice, interest on the unpaid balance will accrue beginning with the 31st day at the rate of 1.5 percent per month or the maximum interest permitted by law, whichever is lesser. Page: 5
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Attachment: Invoice 202002-01_Pavletic Consulting, Inc (4522 : Pavletic Consulting, LLC) Invoice
Invoice Date: 12/17/2024
Invoice #: 6334
Bill To:
City of Ripon
Carla Rodriguez
259 N. Wilma Avenue
Ripon, CA 95366
Adams Ashby Group, Inc.
1000 Lincoln Road
Suite H-212
Yuba City, CA 95991
Service Period
November 2024
Due Date: 1/16/2025
Acct No.
Project:
Senior Center Rehabilitation Project
Total
Balance Due
Payments/Credits
Thank you!
Description Hours/Qty Rate Amount
Labor Compliance for Senior Center (monthly flat
rate)
2,500.00 2,500.00
$2,500.00
$2,500.00
$0.00
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Attachment: Invoice 6334_Adams Ashby Group, Inc (4523 : Adams Ashby Group, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]
INVOICE
BILL TO
Ripon Public Works
259 N Wilma Ave.
Ripon, CA 95366
INVOICE # 52716
DATE 12/01/2024
DUE DATE 12/31/2024
TERMS Net 30
PROJECT
South County Water Project
Ripon Water Lines
PERIOD DESCRIPTION QTY RATE AMOUNT
11/07/2024 Natural
Investigations,
$420.00 +
10% markup
1 462.00 462.00
Principal 2.25 225.00 506.25
WP and
Graphics
6 125.00 750.00
Services through the invoice date. Thank you. We
appreciate your business.
Continued preparation and public review of the
California Environmental Quality Act (CEQA)
and National Environmental Policy Act (NEPA)
documents.
BALANCE DUE $1,718.25
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Attachment: Invoice 52716_Basecamp Environmental, Inc (4524 : BaseCamp Environmental, Inc.) CONTRACTOR: Consolidated Engineering, Inc.
PROJECT: Community Center Tennis Courts
PROJECT DESCRIPTION:
INVOICE NO: 1
DATE: 11/27/2024
ORIGINAL CONTRACT AMOUNT: $424,697.00 PREVIOUSLY BILLED AMOUNT: $0.00 LESS RETENTION: $0.00
APPROVED CONTRACT CHANGES: $1,553.20 PREVIOUSLY PAID AMOUNT: $0.00 CURRENT INVOICED AMOUNT: $98,551.07
LESS RETENTION: $4,927.55
TOTAL CONTRACT AMOUNT: $426,250.20 CURRENT AMOUNT DUE: $93,623.52 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $98,551.07
LESS RETENTION: $4,927.55
TOTAL PAID TO DATE: $93,623.52
INVOICE SUMMARY
Remaining Contract Amount: $327,699.13
Approx. % Complete: 23%
INVOICE SUMMARY
The removal and reconstruction of the tennis court surface, new striping, new fencing and installation of tennis and pickleball posts.
CONTRACT INFORMATION BILLING INFORMATION
Work completed includes demolition of the existing court, installation of geogrid and aggregate base.
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Attachment: Invoice 1_Consolidated Engineering, Inc (4525 : Consolidated Engineering, Inc.) CONTRACTOR: Consolidated Engineering, Inc.
PROJECT: Community Center Tennis Courts
PROJECT DESCRIPTION:
INVOICE NO: 2
DATE: 12/31/2024
ORIGINAL CONTRACT AMOUNT: $424,697.00 PREVIOUSLY BILLED AMOUNT: $98,551.07 LESS RETENTION: $4,927.55
APPROVED CONTRACT CHANGES: $1,553.20 PREVIOUSLY PAID AMOUNT: $93,623.52 CURRENT INVOICED AMOUNT: $86,671.37
LESS RETENTION: $4,333.57
TOTAL CONTRACT AMOUNT: $426,250.20 CURRENT AMOUNT DUE: $82,337.80 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $185,222.44 LESS RETENTION: $9,261.12
TOTAL PAID TO DATE: $175,961.32
INVOICE SUMMARY
Remaining Contract Amount: $241,027.76
Approx. % Complete: 43%
INVOICE SUMMARY
The removal and reconstruction of the tennis court surface, new striping, new fencing and installation of tennis and pickleball posts.
CONTRACT INFORMATION BILLING INFORMATION
Work completed includes asphalt paving and demolition of existing water fountains.
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Attachment: Invoice 2_Consolidated Engineering, Inc (4525 : Consolidated Engineering, Inc.) Invoice
Date
10/7/2024
Invoice #
701762
Bill To
City of Ripon
259 N. Wilma Ave.
Ripon, CA 95366
Ship To
City of Ripon - Planning
259 N. Wilma Ave.
Ripon, CA 95366
P.O. Number Terms
Net 30
Rep
RK
Total
Subtotal
Sales Tax (0.0%)
P.O. Box 4779
Modesto, CA 95352
209-578-5580
www.calcad.com
Item Description Qty Cost Total
GIS Project Billing Through September 2024
Service September Assessor Update 2.5 175.00 437.50
$437.50
$437.50
$0.00
K. Zuidervaart
1/02/2025
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Attachment: Invoice 701762_California CAD Solutions, Inc. (4527 : California CAD Solutions, Inc.) Invoice
Date
12/4/2024
Invoice #
701783
Bill To
City of Ripon
259 N. Wilma Ave.
Ripon, CA 95366
Ship To
City of Ripon - Planning
259 N. Wilma Ave.
Ripon, CA 95366
P.O. Number Terms
Net 30
Rep
RK
Total
Subtotal
Sales Tax (0.0%)
P.O. Box 4779
Modesto, CA 95352
209-578-5580
www.calcad.com
Item Description Qty Cost Total
GIS Project Billing October - November 2024
Service Assessor Updates
- October
- November
3 175.00 525.00
$525.00
$525.00
K. Zuidervaart $0.00
1/02/2025
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Attachment: Invoice 701783_California CAD Solutions, Inc. (4527 : California CAD Solutions, Inc.) 11/30/2024
City of Ripon
Christiana Giedd, PE
259 N. Wilma Ave
Ripon, CA 95366
35848 CTE CAL, INC.
BILL TO: JOB NAME:
INVOICE
INVOICE DATE:
CTE JOB NO: (209) 543-1799
3628 MADISON AVENUE SUITE #22
NORTH HIGHLANDS, CA 95660
REMIT PAYMENT TO:
[email protected]
(209) 599-2613
DATE DESCRIPTION HOURS/QUANTITY EACH TOTAL
11/1/2024 Soils Technician 4.00 $112.00 $448.00
11/8/2024 Soils Technician 4.00 $112.00 $448.00
11/20/2024 Soils Technician 4.00 $112.00 $448.00
Trip Charge 3.00 $75.00 $225.00
LABORATORY TESTING
ASTM D1557 Max Density Method A/B 1.00 $215.00 $215.00
INVOICE TOTAL: $1,784.00
THANK YOU
PLEASE REMIT TO: 3628 MADISON AVENUE, SUITE #22 NORTH HIGHLANDS, CA 95660 A FINANCE CHARGE OF 1 1/2 PERCENT PER MONTH (APR OF 18%) MAY BE ASSESSED ON ALL INVOICES OVER 30 DAYS OLD.
GEOTECHNICAL | ENVIRONMENTAL | CONSTRUCTION INSPECTION AND TESTING | CIVIL ENGINEERING | SURVEYING Pay by Zelle: [email protected] Must Include Invoice No. 35848 and Project No. 25-1659T A SERVICE CHARGE OF 3 PERCENT WILL BE ASSESSED FOR CREDIT CARD PAYMENTS (3rd St. Water Replacement)e
(3rd St. Water Replacement)
(Tennis Courts)
(Tennis Courts)
Tennis Courts (1) 3rd St. Water Replacement (2)
25-1659T
PW City of Ripon - On Call Materials Testing Contract
259 N. Wilma Ave
Ripon CA 95366
Projects: 3rd St. Water Replacement & Community Center
Tennis Courts
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Attachment: Invoice 35848_CTE Cal, Inc (4528 : CTE Cal, Inc.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 01/14/2025
Subject: TDA Audit FYE 6/30/2024
RECOMMENDED ACTION:
This resolution accepts the City of Ripon Transportation Development Act Fund, the Measure K Fund and the Transit Enterprise Fund Audit Report for the fiscal year ended June 30, 2024, prepared by LSL, CPAs.
BACKGROUND:
This audit is required by San Joaquin Council of Governments (SJCOG) because the City of Ripon receives TDA, Measure K and Transit Funds. Lance, Soll & Lunghard, LLP (LSL, CPAs) does an audit of all funds for SJCOG and audits each city that rolls up into SJCOG’s consolidated audit.
DISCUSSION/ANALYSIS:
The audit of the City of Ripon Transportation Development Act (TDA) Fund, the Measure K Fund and the Transit Enterprise Fund for the fiscal year ended June 30, 2024 has been completed by LSL, CPAs. As noted in the audit letter to the City Council, there were no significant audit findings, no difficulties encountered between the auditors and staff, and no disagreements between management and the auditors.
FISCAL IMPACT:
None. This audit is paid for by San Joaquin Council of Governments’ administrative dollars.
Attachments:
1. 2024.06.30 SJCOG City of Ripon TDA Audit Communication Letter
2. 2024.06.30 SJCOG City of Ripon TDA Audit
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RESOLUTION NO. 25-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ACCEPTING THE CITY OF RIPON
TRANSPORTATION DEVELOPMENT ACT FUND, THE
MEASURE K FUND, AND THE TRANSIT ENTERPRISE
FUND AUDIT REPORT FOR THE FISCAL YEAR ENDED
JUNE 30, 2024
WHEREAS, the City of Ripon Transportation Development Act Fund, the Measure K Fund, and the Transit Enterprise Fund Audit Report June 30, 2024 has now been completed and filed with the City of Ripon; and
WHEREAS, Lance, Soll and Lunghard, LLP, Certified Public Accountants, conducted the audit in accordance with generally accepted auditing standards and Government Auditing standards; and WHEREAS, the City of Ripon complied with respect to items tested.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon accepts the City of Ripon Transportation Development Act Fund, the Measure K Fund, and the Transit Enterprise Fund Audit Report June 30, 2024.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of January, 2025, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
1.3.A
Packet Pg. 61
LSLCPAS.COM
December 13 ,2024
To the Members of the Board of Directors
San Joaquin Council of Governments
Stockton, California
To the Members of the City Council
City of Ripon
Ripon, California
We have audited the financial statements of the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund, (the “Funds”) of the City of Ripon, California (the “City”) for the year ended June 30, 2024. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated May 1, 2024. Professional standards also require that we communicate to you the following information related to our audit.
Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Funds of the City are described in the notes to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the fiscal year ended June 30, 2024. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events.
Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected.
The financial statement disclosures are neutral, consistent, and clear.
Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. We are pleased to report that no such misstatements were identified during the course of our audit.
1.3.A.a
Packet Pg. 62
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit Communication Letter (25-1 : TDA Audit FYE 6/30/2024) To the Members of the Board of Directors To the Members of the City Council San Joaquin Council of Governments City of Ripon
Stockton, California Ripon, California
Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the management representation letter dated December 13, 2024.
Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Funds, of the City, financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the auditors of the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund, of the City. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
Other Matters
We applied certain limited procedures to management’s discussion and analysis, the budgetary comparison schedules for the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, of the City, which are required supplementary information (“RSI”) that supplements the basic financial statements.
Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
Restriction on Use
This information is intended solely for the information and use of the Board of Directors of the San Joaquin Council of Governments and the City Council and management of City of Ripon and is not intended to be, and should not be, used by anyone other than these specified parties.
Very truly yours,
Lance, Soll & Lunghard, LLP
1.3.A.a
Packet Pg. 63
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit Communication Letter (25-1 : TDA Audit FYE 6/30/2024) &,7<2)5,321&$/,)251,$
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1.3.A.b
Packet Pg. 64
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
CITY OF RIPON, CALIFORNIA
TRANSPORTATON DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES
AND TRANSIT ENTERPRISE FUND
Independent Auditors’ Reports, Fund Financial Statements, Required Supplementary Information, and
Compliance Report
For the Year Ended June 30, 2024
1.3.A.b
Packet Pg. 65
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES
AND TRANSIT ENTERPRISE FUND
Independent Auditors’ Reports, Fund Financial Statements, Required Supplementary Information, and
Compliance Report
For the Year Ended June 30, 2024
Table of Contents
Page
FINANCIAL SECTION
INDEPENDENT AUDITORS’ REPORT ..................................................................................................................... 1
FUND FINANCIAL STATEMENTS
Balance Sheets – Transportation Development Act and Measure K Funds Non-Transit Purposes .......................................................................................................................................... 4 Statements of Revenues, Expenditures, and Changes in Fund Balances – Transportation Development Act and Measure K Funds
Non-Transit Purposes .......................................................................................................................................... 5 Statements of Net Position – Transit Enterprise Fund ........................................................................................ 6 Statements of Revenues, Expenses, and Changes in Net Position – Transit Enterprise Fund ........................................................................................................................................ 7 Statements of Cash Flows – Transit Enterprise Fund ......................................................................................... 8 Notes to the Financial Statements .............................................................................................................................. 9
REQUIRED SUPPLEMENTARY INFORMATION
Budgetary Comparison Schedule – Transportation Development Act Fund .................................................... 15 Budgetary Comparison Schedule – Measure K Fund ....................................................................................... 16 Note to Required Supplementary Information ..................................................................................................... 17
OTHER REPORTS
Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Fund Financial Statements Performed in Accordance with Government Auditing Standards and the Transportation Development Act .......................................................................................................... 19 Independent Auditors’ Report on State Compliance ......................................................................................... 21
1.3.A.b
Packet Pg. 66
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) LSLCPAS.COM
INDEPENDENT AUDITORS’ REPORT
To the Members of the Board of Directors
San Joaquin Council of Governments
Stockton, California
To the Members of the City Council
City of Ripon
Ripon, California
Report on the Audit of the Financial Statements
Opinions
We have audited the accompanying financial statements of the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund (the “Funds”) of the City of Ripon, California (the “City”), as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the Funds, as of June 30, 2024, and the respective changes in financial position, and, where applicable, cash flows thereof, for the year then ended in accordance with accounting principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Emphasis of Matter
As described in Note 2 to the financial statements, these financial statements present only the Funds of the City and do not purport to, and do not, present fairly the financial position of the City as of June 30, 2024, and the changes in its financial position for the fiscal year then ended, in accordance with accounting principles generally accepted in the United States.
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
1.3.A.b
Packet Pg. 67
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) To the Members of the Board of Directors To the Members of the City Council San Joaquin Council of Governments City of Ripon
Stockton, California Ripon, California
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinions.
Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we:
x Exercise professional judgment and maintain professional skepticism throughout the audit. x Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. x Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control, as it relates to the Funds. Accordingly, no such opinion is expressed. x Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit.
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the budgetary comparison schedules for the Funds, as listed on the table of contents, be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 2 1.3.A.b
Packet Pg. 68
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) To the Members of the Board of Directors To the Members of the City Council San Joaquin Council of Governments City of Ripon
Stockton, California Ripon, California
Management has omitted the management’s discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information.
Summarized Comparative Information
We have previously audited the financial statements of the Funds of the City’s 2023 financial statements for the year ended June 30, 2023, and expressed an unmodified audit opinion on those financial statements in our report dated December 28, 2023. In our opinion, the summarized comparative information presented herein as of and for the year ended June 30, 2023, is consistent, in all material respects, with the audited financial statements from which it has been derived.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 13, 2024, on our consideration of the City’s internal control over financial reporting, as it relates to the Funds, and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control over financial reporting or on compliance, as it relates to the Funds. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance, as it relates to the Funds.
Sacramento, California
December 13, 2024
3 1.3.A.b
Packet Pg. 69
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) Transportation
Development Measure K
Act Fund Fund 2024 2023
Assets:
Cash and investments $ 3,550,737 48,561 $ 3,599,298 $ $ 3,276,718 Due from other agencies 319,073 68,826 387,899 1,172,608 Total Assets $ 367,634 $ 3,619,563 $ 3,987,197 $ 4,449,326 Fund Balances:
Restricted $ 367,634 $ 3,619,563 $ 3,987,197 $ 4,449,326 Total Fund Balances $ 367,634 $ 3,619,563 $ 3,987,197 $ 4,449,326 Totals
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES
Balance Sheets
June 30, 2024, with Comparative Totals
The accompanying notes are an integral part of these financial statements. 4 1.3.A.b
Packet Pg. 70
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) Transportation
Development Measure K
Act Fund Fund 2024 2023
Revenues:
Local Transportation Fund:
Streets and roads $ 779,342 $ - $ 779,342 $ 1,059,278
Pedestrian and bicycle 24,451 - 24,451 23,495
Measure K Fund:
Local street repair - 371,860 371,860 370,266
Congestion relief - - - 619,638
Investment earnings 28,694 66,562 95,256 39,820
Total Revenues 832,487 438,422 1,270,909 2,112,497
Expenditures:
Congestion relief --- 619,638
Total Expenditures - - - 619,638
Excess of Revenues
Over Expenditures 832,487 438,422 1,270,909 1,492,859
Other Financing Uses:
Intergovernmental transfers (1,557,711) (175,327) (1,733,038) (648,564) Total Other Financing Uses (1,557,711) (175,327) (1,733,038) (648,564) Net Change in Fund Balances (725,224) 263,095 (462,129) 844,295 Fund Balances:
Fund Balances, Beginning of Year 1,092,858 3,356,468 4,449,326 3,605,031 Fund Balances, End of Year $ 367,634 $ 3,619,563 $ 3,987,197 $ 4,449,326 Totals
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES
Statements of Revenues, Expenses, and Changes in Fund Balances For the Year Ended June 30, 2024, with Comparative Totals The accompanying notes are an integral part of these financial statements. 5 1.3.A.b
Packet Pg. 71
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) 2024 2023
Assets:
Current Assets:
Cash and cash equivalents $ 711,754 $ 22,120
Accounts receivable 344 329
Due from other agencies 187,373 266,624
Total Current Assets 899,471 289,073
Capital assets, net 81,032 162,067
Total Assets $ 451,140 980,503 $
Liabilities and Net Position:
Liabilities:
Accounts payable $ 4,540 $ 3,494
Due to other agencies 339,522 -
Total Liabilities 344,062 3,494
Net Position:
Investment in capital assets 81,032 162,067
Restricted 555,409 285,579
Total Net Position 636,441 447,646
Total Liabilities and Net Position $ 980,503 $ 451,140
CITY OF RIPON, CALIFORNIA
TRANSIT ENTERPRISE FUND
Statements of Net Position
June 30, 2024, with Comparative Totals
The accompanying notes are an integral part of these financial statements. 6 1.3.A.b
Packet Pg. 72
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) 2024 2023
Operating Revenues:
Fares $ 1,923 $ 1,872
Total Operating Revenues 1,923 1,872
Operating Expenses:
Operations 42,779 29,205
Vehicle maintenance 35,232 19,338
Administration 10,478 12,305
Depreciation 81,035 81,032
Total Operating Expenses 169,524 141,880
Operating Loss (167,601) (140,008)
Nonoperating Revenues:
State Transit Assistance funds 6,540 4,732
Local Transportation funds 259,781 249,619
Measure K Passenger Bus funds 1,012,799 57,555
Interest 14,276 839
Total Nonoperating Revenues 1,293,396 312,745
Nonoperating Expenses:
Intergovernmental transfers 937,000 -
Total Nonoperating Expenses 937,000 -
Change in Net Position 188,795 172,737
Net Position, Beginning of Year 447,646 274,909
Net Position, End of Year $ 636,441 $ 447,646
CITY OF RIPON, CALIFORNIA
TRANSIT ENTERPRISE FUND
Statements of Revenues, Expenses, and Changes in Net Position For the Year Ended June 30, 2024, with Comparative Totals The accompanying notes are an integral part of these financial statements. 7 1.3.A.b
Packet Pg. 73
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) 2024 2023
Cash Flows from Operating Activities:
Cash receipts from customers $ 1,908 $ 1,952
Cash disbursements for administration and operations (52,211) (41,159) Cash disbursements for services and supplies (35,232) (19,338) Net Cash Used by Operating Activities (85,535) (58,545) Cash Flows from Noncapital Financing Activities:
Local Transportation funds 679,161 -
Measure K Passenger Bus funds 1,007,460 53,994
State Transit Assistance funds 11,272 3,804
Net Cash Provided by Noncapital Financing Activities 1,697,893 57,798 Cash Flows from Capital and Related Financing Activities:
Payments for the acquisition of capital assets (937,000) - Net Cash Used by Capital and Related Financing
Activities (937,000) -
Cash Flows from Investing Activities:
Interest received 14,276 839
Net Cash Provided by Investing Activities 14,276 839
Net Increase (Decrease) in Cash and Cash Equivalents 689,634 92 Cash and Cash Equivalents, Beginning of Year 22,120 22,028 Cash and Cash Equivalents, End of Year 711,754 $ 22,120 $ Reconciliation of Operating Loss to Net Cash Used by
Operating Activities:
Operating loss $ (140,008) (167,601) $
Adjustments to reconcile operating loss to net cash used by operating activities:
Depreciation 81,035 81,032
(Increase) decrease in receivables (15) 80
Increase (decrease) in accounts payable 1,046 351
Total Adjustments 82,066 81,463
Net Cash Used for Operating Activities $ (85,535) $ (58,545)
CITY OF RIPON, CALIFORNIA
TRANSIT ENTERPRISE FUND
Statements of Cash Flows
For the Year Ended June 30, 2024, with Comparative Totals The accompanying notes are an integral part of these financial statements. 8 1.3.A.b
Packet Pg. 74
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES AND TRANSIT ENTERPRISE FUND
Notes to the Financial Statements
For the Year Ended June 30, 2024
NOTE 1: ORGANIZATION
The City of Ripon (City) receives funds under the provisions of the Transportation Development Act (TDA) from the San Joaquin County Local Transportation Fund (LTF) under Article 4, Section 99260 for streets and roads, Article 4 for Transit and Article 3 for pedestrian and bicycle facilities, as the City does not have any unmet transit needs at this time.
The City receives funds under the provisions of the TDA from the San Joaquin County LTF under Article 4, Section 99260 for Transit, Article 8, Section 99400(a) for local streets and roads projects, and Article 3, Section 99234 for pedestrian and bicycle facilities. The funds previously provided under Article 8 represent amounts available after the determination by the San Joaquin Council of Governments, the transportation planning agency administering TDA funds, of amounts needed for local streets and roads of the City. The funds provided under Article 4, Section 99260 represent amounts set aside for transit purposes. The funds provided under Article 3, Section 99234 represent amounts set aside to be allocated for pedestrian and bicycle facilities within the jurisdictions of San Joaquin County and represent up to two percent of the available funds countywide. The City Transportation Development Act Fund is used to account for these funds received by the City for non-transit purposes, which is reflected in these financial statements of the Transportation Development Act Fund allocated for non-transit purposes.
The City’s Article 8 LTF dollars are now shifting to public transit as approved by the Board September of 2019. In alignment with this decision, it was collectively agreed upon that the funding previously allocated for Streets and Roads through the LGF program will undergo a phased-out reduction. The transition is part of a strategy to prioritize and enhance public transit infrastructure within our community. The phase out period began in FY21-22 and will result in each City claiming LTF dollars for transit.
The City also receives funds from an ordinance (Measure K) passed by San Joaquin County voters resulting in a sales tax increase of one-half of one percent for transportation improvements. The San Joaquin Council of Governments, acting as the Local Transportation Authority, oversees the collection and distribution of the sales tax in accordance with the thirty-year transportation expenditure plan. The plan calls for street repairs, safety and operational improvements on streets and roads, projects to reduce street and highway congestion, and the promotion of passenger rail and bus services as an alternative to travel by automobile. The City's Measure K Fund is used to account for these funds, which is reflected in these financial statements of the Measure K Fund.
The City, as other like-sized cities in the State of California, maintains its accounting records on a cash basis, wherein the total cash available at any time is offset by the then recorded fund balances. This method of accounting does not recognize receivables due to the City, payables due from the City, or investments in property and equipment. However, for purposes of these financial statements of the Transportation Development Act and Measure K Funds, the modified accrual basis of accounting is used.
NOTE 2: SUMMARY OF SIGNIFICANT POLICIES
A. Basis of Presentation
The financial statements of the Transportation Development Act Fund, Measure K Fund, and Transit Enterprise Fund of the City have been prepared in accordance with accounting principles generally accepted in the United States of America as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles.
B. Reporting Entity
The financial statements are intended to present the financial position, results of operations, and cash flows of only transactions recorded in the Transportation Development Act Fund, Measure K Fund, and Transit Enterprise Fund of the City and are not intended to present fairly the financial position of the City and changes in its financial position and its cash flows in accordance with accounting principles generally accepted in the United States of America.
9 1.3.A.b
Packet Pg. 75
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES AND TRANSIT ENTERPRISE FUND
Notes to the Financial Statements
For the Year Ended June 30, 2024
NOTE 2: SUMMARY OF SIGNIFICANT POLICIES (CONTINUED)
C. Fund Accounting
The accounts of the City are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures or expenses as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled.
The Transportation Development Act and Measure K Funds are governmental funds specifically categorized as special revenue funds. Special revenue funds are used to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specified purposes.
The Transit Enterprise Fund is a proprietary fund specifically categorized as an enterprise fund. Enterprise funds are used to account for activities similar to those found in the private sector. The City uses an enterprise fund to account for its transit operations because fees are charged to external users for services provided.
D. Measurement Focus and Basis of Accounting
The Transportation Development Act Fund and the Measure K Fund are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under the modified accrual basis of accounting, revenues are recognized when they become measurable and available and expenditures are recognized when the fund liabilities are incurred. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. The City uses an availability period of 60 days. Revenues that are susceptible to accrual include LTF allocations and interest income.
The Transit Enterprise Fund is classified as an enterprise fund using the flow of economic resource management focus and the accrual basis of accounting, whereby revenues are recorded when earned and expenses are recorded at the time liabilities are incurred.
Proprietary funds distinguish operating revenues and expenses from nonoperating items. Operating revenues and expenses generally result from providing services and producing and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the Transit Enterprise Fund are passenger fares. Operating expenses include the cost of vehicle maintenance, administrative expenses, and depreciation on capital assets and equipment. All revenues and expenses not meeting this definition are reported as nonoperating revenues and expenses.
When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted resources first, and then unrestricted resources as they are needed.
E. Cash and Investments
All City monies are invested in a cash and investment pool, whereby funds can spend cash at any time without prior notice or penalty. Therefore, for purposes of the statement of cash flows, all enterprise fund cash on hand and in the pool is considered cash and cash equivalents.
F. Interfund Transactions
During the course of operations, operating transactions occur between the Transportation Development Act and Measure K Funds, where revenues are received, and other governmental funds, where expenditures occur. These transactions are classified as "intergovernmental transfers" on the statement of revenues, expenditures, and changes in fund balances.
10 1.3.A.b
Packet Pg. 76
Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES AND TRANSIT ENTERPRISE FUND
Notes to the Financial Statements
For the Year Ended June 30, 2024
NOTE 2: SUMMARY OF SIGNIFICANT POLICIES (CONTINUED)
G. Capital Assets
All purchased capital assets are valued at cost where historical cost records are available and at an estimated historical cost where no historical records exist.
The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Improvements are capitalized and depreciated over the remaining useful lives of the related capital assets, as applicable.
Depreciation of all capital assets in the Transit Enterprise Fund is computed using the straight-line method over their estimated useful lives. Estimated useful lives of vehicles are seven years.
H. Net Position/Fund Balance
The financial statements of the enterprise fund utilize a net position presentation. Net position is categorized as follows:
x Investment in Capital Assets - This category groups all capital assets into one component of net position.
Accumulated depreciation reduces the balance in this category. x Restricted Net Position - This category presents amounts with external restrictions imposed by creditors, granters, contributors, or laws or regulations of other governments and restrictions imposed by law through constitutional provisions or enabling legislation.
The City follows the provisions of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. Accordingly, governmental funds report fund balance as nonspendable, restricted, committed, assigned, or unassigned based primarily on the extent to which the City is bound to honor constraints on how specific amounts can be spent. At June 30, 2024, fund balances is categorized as follows:
x Restricted Fund Balance - amounts with constraints placed on their use that are either (a) externally imposed by creditors, granters, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation.
I. Grants
Grant revenues and receivables are recorded when eligibility requirements that have been imposed by the provider have been met. Grant sources include Federal Transit Administration (FTA), State Transit Assistance (STA), and LTF. The LTF and STA were created by the State Legislature under the TDA.
J. Use of Estimates
The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions. These estimates and assumptions affect the reported amounts of assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures/expenses during the reporting period. Actual results could differ from these estimates.
K. Comparative Data
Comparative totals for the prior year have been presented in the accompanying financial statements in order to provide an understanding of changes in financial position and operations of the City's Transportation Development Act Fund, Measure K Fund, and Transit Enterprise Fund.
11 1.3.A.b
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES AND TRANSIT ENTERPRISE FUND
Notes to the Financial Statements
For the Year Ended June 30, 2024
NOTE 3: CASH AND INVESTMENTS
The cash and investment balances for the City's Transportation Development Act Fund, Measure K Fund, and Transit Enterprise Fund are held in the City's cash and investment pool. The City maintains a cash and investment pool in order to facilitate the management of cash. Interest is allocated to its various funds based upon average cash balances. Investments held in the City's cash management pool are available on demand to the City's Transportation Development Act Fund, Measure K Fund, and Transit Enterprise Fund and are stated at fair value.
Information regarding categorization of investments can be found in the City's financial statements.
NOTE 4: CAPITAL ASSETS
Capital assets consisted of the following at June 30, 2024:
Depreciation for the year ended June 30, 2024, was $81,035.
NOTE 5: STATE OF GOOD REPAIR (SGR)
The State of Good Repair & Accountability Act of 2017 was established to provide funds annually for aging infrastructure, investments in congested commute and freight corridors and to improve transit service. Caltrans is legislated to manage and administer the State of Good Repair (SGR) program. The State Controller’s Office publishes annually estimated funding according to population and farebox revenues. The State Controller’s Office issues quarterly payment to the San Joaquin Council of Governments who in turn pays the Regional Transit Authority for allocation to the jurisdictions. The 99313 portion of the allocations is allocated based on a Board approved allocation formula for the fiscal year. The 99314 portion is allocated based on the SCO formula. The funds are held with the County Treasurer, and jurisdictions are allowed to draw down from available funds on a reimbursement basis. Caltrans requests that the jurisdictions fully expend the SGR funds within a seven-year period.
Amounts held by the City and available for draw as of June 30, 2024, are composed of the following:
Balance
July 1, 2023 Additions Deletions
Balance
June 30, 2024
Transit Vehicles 1,093,563 $ - $ $ - $ 1,093,563
Less: Accumulated Depreciation (931,496) (81,035) - (1,012,531) $ 162,067 $ (81,035) $ - $ 81,032
Balance available - beginning of the year $ 122,454
Revenue:
SGR funds received 23,313
Expenses:
Expenses -
Balance available - end of year $ 145,767
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES AND TRANSIT ENTERPRISE FUND
Notes to the Financial Statements
For the Year Ended June 30, 2024
NOTE 6: INTERFUND TRANSFERS
Resources may be transferred from one TDA fund to another or to a City fund with Council approval. Transfers for the TDA funds during the year ended June 30, 2024 were as follows:
The transfer from the Transportation Development Act Fund and Measure K Fund was for Street and Road Operating expenditures. The Transit Fund transfer was for the Fleet Maintenance Facility Capital Project.
NOTE 7: SUBSEQUENT EVENTS
Subsequent events have been evaluated through December 13, 2024, the date these financial statements were available to be issued. The City did not identify any subsequent events that require disclosure. 2024
Transportation Development Act Fund 1,557,711 $
Measure K Fund 175,327
Transit Fund 937,000
Total intergovernmental transfers out 2,670,038 $
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
REQUIRED SUPPLEMENTARY INFORMATION
14 1.3.A.b
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) Variance with
Original Final Actual Final Budget
Revenues:
Local Transportation Fund:
Streets and roads $ 507,522 $ 507,522 $ 779,342 $ 271,820 Pedestrian and bicycle 15,922 15,922 24,451 8,529
Investment earnings 8,100 8,100 28,694 20,594
Total Revenues 531,544 531,544 832,487 300,943
Excess of Revenues
Over Expenditures 531,544 531,544 832,487 300,943
Other Financing Uses:
Intergovernmental transfers - - (1,557,711) (1,557,711) Total Other Financing Uses - - (1,557,711) (1,557,711)
Net Change in Fund Balances $ 531,544 $ 531,544 (725,224) (1,256,768) $ Fund Balances, Beginning of Year 1,092,858
Fund Balances, End of Year $ 367,634
Budgeted Amounts
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT FUND
Budgetary Comparison Schedule
For the Year Ended June 30, 2024
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) Variance with
Original Final Actual Final Budget
Revenues:
Measure K Fund:
Local street repair $ 350,000 $ 350,000 $ 371,860 $ 21,860 Investment earnings 12,000 12,000 66,562 54,562
Total Revenues 362,000 362,000 438,422 76,422
Other Financing Uses:
Intergovernmental transfers - - (175,327) (175,327)
Total Other Financing Uses - - (175,327) (175,327)
Change in Fund Balances $ 362,000 $ 362,000 263,095 (98,905) $ Fund Balances, Beginning of Year 3,356,468
Fund Balances, End of Year $ 3,619,563
Budgeted Amounts
CITY OF RIPON, CALIFORNIA
MEASURE K FUND
Budgetary Comparison Schedule
For the Year Ended June 30, 2024
16 1.3.A.b
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
CITY OF RIPON, CALIFORNIA
TRANSPORTATION DEVELOPMENT ACT AND MEASURE K FUNDS
NON-TRANSIT PURPOSES AND TRANSIT ENTERPRISE FUND
Notes to the Required Supplementary Information
For the Year Ended June 30, 2024
NOTE 1: BUDGETARY INFORMATION
Annual budgets are adopted on a basis consistent with accounting principles generally accepted in the United States of America for the Transportation Development Act and Measure K Funds. All appropriations lapse at year-end. The appropriate budget is prepared by department, function, and fund. The City's Manager may make transfers of appropriations between departments within a fund; however, any revisions that alter the total expenditures of any fund must be approved by the City Council. The legal level of budgetary control is the object level within a fund.
NOTE 2: EXCESS OF EXPENDITURES OVER APPROPRIATIONS
For the year ended June 30, 2024, expenditures exceeded appropriations in the Transportation Development Act Fund intergovernmental transfers and the Measure K Fund congestion relief expenditures (the legal level of budgetary control), by $1,557,711 and $175,327 respectively. 17 1.3.A.b
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024)
OTHER REPORTS
18 1.3.A.b
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) LSLCPAS.COM
INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON
COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
To the Board of Directors
San Joaquin Council of Governments
Stockton, California
To the City Council
City of Ripon
Ripon, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund (the “Funds”) of the City of Ripon, California (the “City”), as of and for the year ended June 30, 2024, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated December 13, 2024.
Report on Internal Control over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as it relates to the Funds, as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control as it relates to the Funds.
Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements, on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) To the Members of the Board of Directors To the Members of the City Council San Joaquin Council of Governments City of Ripon
Stockton, California Ripon, California
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Funds’ financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements.
However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance, as it relates to the Funds. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Sacramento, California
December 13, 2024
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) LSLCPAS.COM
INDEPENDENT AUDITORS’ REPORT ON STATE COMPLIANCE
To the Members of the Board of Directors
San Joaquin Council of Governments
Stockton, California
To the Members of the City Council
City of Ripon
Ripon, California
Opinion on Compliance with Transportation Development Act and Measure K Requirements We have audited the City of Ripon, California (the “City”)’s compliance with the Transportation Development Act (TDA) and Measure K requirements that funds allocated to and received by the City were expended in conformance with applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations during the year ended June 30, 2024.
In our opinion, the City, complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on the Transportation Development Act Fund and Measure K Fund, allocated for non-transit purposes, and the Transit Enterprise Fund (the “Funds”) of the City for the year ended June 30, 2024.
Basis for Opinion
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.
We are required to be independent of the City, and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.
Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of TDA and Measure K requirements applicable to the City’s Funds.
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) To the Members of the Board of Directors To the Members of the City Council San Joaquin Council of Governments City of Ripon
Stockton, California Ripon, California
Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS; Government Auditing Standards; the applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of the TDA and Measure K requirements that funds allocated to and received by the City were expended in conformance with applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations.
In performing an audit in accordance with GAAS; Government Auditing Standards; the applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations, we:
x Exercise professional judgment and maintain professional skepticism throughout the audit. x Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. x Obtain an understanding of the City’s internal control over compliance relevant to the audit, as it relates to the Funds, in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the applicable statutes, rules, and regulations of the TDA and Measure K; and the allocation instructions and resolutions of the San Joaquin Council of Governments as required by Section 6666 and 6667 of Title 21, Division 3, Chapter 2, Article 5.5 of the California Code of Regulations, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.
Purpose of this Report
The purpose of this report on compliance is solely to describe the scope of our testing of compliance and the results of that testing. Accordingly, this report is not suitable for any other purpose.
Sacramento, California
December 13, 2024
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Attachment: 2024.06.30 SJCOG City of Ripon TDA Audit (25-1 : TDA Audit FYE 6/30/2024) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 01/14/2025
Subject: Abandonment - 923 S. Acacia Avenue
RECOMMENDED ACTION:
This resolution declares the intention of the City of Ripon to abandon a portion of public rightof-way adjacent to the property located at 923 South Acacia Avenue and forwards the matter to the Planning Commission to determine if it conforms to the City’s General Plan goals and policies.
BACKGROUND:
At the July 15, 2024 Planning Commission meeting, the Commission approved a Major Site Plan Permit (SR24-42) to construct a contractors yard consisting of two (2) 2,800 square foot buildings, which consists of twelve (12) office spaces and a storage warehouse located at 923 South Acacia Avenue. During review of the project, staff discovered that the City of Ripon owns a small portion of right-of-way across the property frontage (extra right-of-way), which is not needed for the ultimate improvements planned for South Acacia Avenue. As such, one of the conditions of approval required the applicant to submit a right-of way abandonment application in order to facilitate the ultimate improvements for both the project and the ultimate alignment of Acacia Avenue. On December 18, 2024, the applicant did submit an abandonment application pursuant to their project conditions of approval.
DISCUSSION/ANALYSIS:
Abandonment procedure:
1. This action first requires that City Council adopt a resolution of intention to abandon a portion of public right-of-way. The resolution of intention to abandon said right-of-way, then sends the abandonment request to the Planning Commission.
2. The Planning Commission shall review the proposed abandonment for consistency with the City’s General Plan and will forward its recommendation to the City Council for approval of the abandonment at a public hearing. The Planning Commission meeting to consider this matter is scheduled for the February 18, 2025 Planning Commission
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meeting.
3. The City Council will hold a public hearing on this matter, which is scheduled for the March 11, 2025 City Council meeting. Prior to the meeting staff will advertise notices of the public hearing in The Manteca Bulletin and at the site in accordance with the requirements of the Streets and Highways Code. An affidavit of posting will also be filed with the City Clerk. Should all utility agencies, affected parties, Planning Commission and City Council consider the abandonment favorably, a resolution ordering the vacation and abandonment of the public right-of-way adjacent to the property at 923 South Acacia Avenue will be recorded.
ENVIRONMENTAL REVIEW:
The proposed street abandonment is Categorically Exempt under Class 5, minor alterations in land use, of the current State of California Environmental Quality Act Guidelines.
PUBLIC NOTICE:
Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting.
Attachments:
1. 923 South Acacia Avenue Abandonment Exhibit A
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RESOLUTION NO. 25-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON DECLARING THE INTENTION OF SAID CITY TO
ABANDON A PORTION OF PUBLIC RIGHT-OF-WAY
ADJACENT TO THE PROPERTY LOCATED AT 923 SOUTH
ACACIA AVENUE.
WHEREAS, the City of Ripon, acting by and through its City Council, has considered the abandonment of a portion of public right-of-way adjacent to the property at 923 South Acacia Avenue (APN 259-140-20) as shown in Exhibit A, which is attached and made apart thereof; and WHEREAS, the Planning Commission will hold a public hearing on this subject on February 18, 2025, as required by law to notify property owners and to determine whether the proposed abandonment is consistent with the City’s General Plan goals and policies; and WHEREAS, the City Council of the City of Ripon will hold a public hearing on March 11, 2025, at approximately 6:00 p.m. as required by law, to determine whether said public rightof-way shall be abandoned.
NOW THEREFORE, BE IT RESOLVED that a Resolution of Intention of the City Council of the City of Ripon, is hereby established to consider the abandonment of a portion of public right-of-way adjacent to the property at 923 South Acacia Avenue (APN 259-140-20) as shown in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of January, 2025, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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Attachment: 923 South Acacia Avenue Abandonment Exhibit A (25-2 : Abandonment - 923 S. Acacia Avenue)
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Attachment: 923 South Acacia Avenue Abandonment Exhibit A (25-2 : Abandonment - 923 S. Acacia Avenue) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/14/2025
Subject: Landscape Maintenance Districts - 1st Annual Resolution RECOMMENDED ACTION:
Requesting Council order the City Engineer to prepare the report for the Fiscal Year 2025-2026 pertaining to the annual assessments for the City of Ripon’s ten Landscape Maintenance Districts.
BACKGROUND:
Pursuant to the provision of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California and Proposition 218, the City Council conducts proceedings for the formation of the City of Ripon Landscape Maintenance Districts as outlined in the table below.
Formation of Landscape Maintenance District Check List
Step Description
1 City Council adopts the resolution of intention to undertake proceedings for the formation of an assessment district directing the City Engineer to prepare a report in connection with the proposed formation of the assessment district. (1st Formation Resolution)
2 City Council adopts the resolution approving the Engineer’s Report in connection with the proposed formation of the assessment district, declaring its intention to form an assessment district and setting a time and place for a public hearing. (2nd Formation Resolution)
3 City Council adopts the resolution ordering the formation of the assessment district. (3rd Formation Resolution)
4 City submits required documents to County to set up new tax code required to levy the assessment.
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DISCUSSION:
Upon formation of assessment district, the City is required to go through a process to approve the levying of the annual assessment district fees. The following table outlines the steps required to approve the levying of the annual assessments.
Annual Levy of Landscape Maintenance District Assessment Check List Step Description
1 City Council initiates the Landscape Maintenance District proceedings and adopts a resolution directing City Engineer to prepare the Engineer’s Report pertaining to the annual assessments. (1st Annual Resolution)
2 City Council adopts (1) a resolution giving preliminary approval of the Engineer’s Report, and (2) a resolution declaring its intention to order the levy and collection of the annual assessments and setting a time and place for a public hearing. (2 nd & 3rd Annual
Resolution)
3 City Council adopts a resolution determining the amount of and approving the levy and collection of the annual assessments. (4
th Annual Resolution)
4 City submits required documents to County to levy annual assessments for the coming fiscal year.
The attached resolution is the 1
st step in the annual process to levy assessments for the City of Ripon’s ten Landscape Maintenance Districts for the coming fiscal year.
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RESOLUTION NO. 25-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ORDERING THE CITY ENGINEER TO PREPARE ON
BEHALF OF THE CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR 2025-2026 PERTAINING
TO THE ANNUAL ASSESSMENTS FOR THE CITY OF
RIPON'S TEN LANDSCAPE MAINTENANCE DISTRICTS
LOCATED IN THE COUNTY OF SAN JOAQUIN,
CALIFORNIA
WHEREAS, previous hereto pursuant to Resolutions adopted by the City Council of the City of Ripon, the Assessment Districts noted in the table below were formed creating an assessment district pursuant to the Landscaping and Lighting Act of 1972 for the maintenance of general landscaping and irrigation systems in the City of Ripon; and WHEREAS, pursuant to Section 22565, et seq. of the Streets and Highways Code of the State of California, the City Engineer is required to prepare and file with the City of Ripon a report for each fiscal year for which assessments are to be levied and collected by the City within said districts in order to pay for the costs of maintaining improvements as described in the Engineer’s Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Engineer is hereby ordered pursuant to Section 22565 of the Streets and Highways Code of the State of California to prepare and file the annual engineer’s report in reference to the Landscape Maintenance Districts noted in the table below pursuant to the Landscaping and Lighting Act of 1972, for approval by the City Council, which said report shall indicate the present boundaries, the description of the work of improvements for which assessments are to be levied for the fiscal year, the method of assessment spread, their estimate of the maintenance costs, the assessment roll, and the assessment diagram and boundary map within said Districts and their proposed annual assessments for the fiscal year commencing July 1, 2025, to and including June 30, 2026.
FORMATION OF LANDSCAPE MAINTENANCE DISTRICTS
District Name
Council
Acceptance Date Resolution No.
Dutch Meadows #89-1 November 7, 1989 89-60
Country Woods Unit No. 2 & Zumstein Estates Subdivisions #89-2 January 2, 1990 90-1 Farmland Estates #92-1 June 2, 1992 92-30
Main Street Landscape Maintenance District #94-1 June 7, 1994 94-36 Boesch-Kingery Estates #96-1 April 2, 1996 96-17
Jacobs Landing #98-1 May 5, 1998 98-37
Carolina’s Landscape Maintenance District #02-1 August 6, 2002 02-77 Cornerstone 1 Landscape Maintenance District #07-1 April 7, 2007 07-36 Alexandra Place #17-2 June 12, 2018 18-55
The Vineyards #17-1 June 12, 2018 18-54
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of January, 2025, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, 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: 01/14/2025
Subject: Lighting District - 1st Annual Resolution
RECOMMENDED ACTION:
Requesting Council order the City Engineer to prepare the report for the Fiscal Year 2025-2026 pertaining to the annual assessments for Assessment District 05-1 (City of Ripon Lighting District).
BACKGROUND:
Pursuant to the provision of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California and Proposition 218, the City Council undertook proceedings as outlined below for the formation of the City of Ripon Lighting District.
At the October 19, 2004 City Council meeting, Council adopted Resolution No. 04-60 proposing the formation of a new assessment district and directing the City Engineer to prepare a report in connection with the proposed formation of the assessment district.
At the November 2, 2004 City Council meeting, Council adopted Resolution No. 04-66 approving the Engineer’s Report in connection with the proposed formation of the assessment district, declaring its intention to form an assessment district and setting a time and place for a public hearing.
On November 20, 2004, the City of Ripon, by and through the San Joaquin County Board of Supervisors, held a public hearing on the issues of formation of the proposed new assessment district, to be called the Ripon Lighting District and to be governed by this City Council (previously governed by the County of San Joaquin), and the proposed increase of the annual assessment from $25.00 to $42.00 upon assessable lots and parcels of land.
At the December 7, 2004 City Council meeting, Council adopted Resolution No. 04-70 ordering the formation of the Ripon Lighting District and increasing the annual assessment upon
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assessable lots and parcel of land within the Ripon Lighting District from $25.00 to $42.00 effective July 1, 2005.
At the February 4, 2005 City Council meeting, Council adopted Resolution No. 05-02 renaming the “Ripon Lighting District” to the “City of Ripon Lighting District”.
DISCUSSION:
Upon formation of assessment district, the City is required to go through a process to approve the levying of the annual assessment district fees. The following table outlines the steps required to approve the levying of the annual assessments.
Annual Levy of Lighting District Assessment Check List
Step Description
1 City Council initiates the Lighting District proceedings and adopts a resolution directing City Engineer to prepare the Engineer’s Report pertaining to the annual assessments. (1st Annual Resolution)
2 City Council adopts (1) a resolution giving preliminary approval of the Engineer’s Report, and (2) a resolution declaring its intention to order the levy and collection of the annual assessments and setting a time and place for a public hearing. (2nd & 3rd Annual Resolution)
3 City Council adopts a resolution determining the amount of and approving the levy and collection of the annual assessments. (4th Annual Resolution) 4 City submits required documents to County to levy annual assessments for the coming fiscal year.
The attached resolution is the 1st step in the annual process to levy assessments for the City of Ripon Lighting District for the coming fiscal year.
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RESOLUTION NO. 25-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ORDERING THE CITY ENGINEER TO PREPARE ON
BEHALF OF THE CITY OF RIPON THE ENGINEER'S
REPORT FOR THE FISCAL YEAR 2025-2026 PERTAINING
TO THE ANNUAL ASSESSMENTS FOR ASSESSMENT
DISTRICT NO. 05-1, CITY OF RIPON, COUNTY OF SAN
JOAQUIN CALIFORNIA, COMMONLY KNOWN AS CITY OF
RIPON LIGHTING DISTRICT
WHEREAS, previous hereto pursuant to Resolution No. 04-70 and 05-2 adopted by the City Council of the City of Ripon, Assessment District No. 05-1, commonly known as City of Ripon Lighting District, was formed creating an assessment district pursuant to the Landscaping and Lighting Act of 1972 for the maintenance of street lights in the City of Ripon; and WHEREAS, pursuant to Section 22565, et seq. of the Streets and Highways Code of the State of California, the City Engineer is required to prepare and file with the City of Ripon a report for each fiscal year for which assessments are to be levied and collected by the City within said district in order to pay for the costs of maintaining improvements as described in the engineer’s report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Engineer is hereby ordered pursuant to Section 22565 of the Streets and Highways Code of the State of California to prepare and file the annual engineer’s report in reference to Assessment District No. 05-1 for City of Ripon Lighting District pursuant to the Landscaping and Lighting Act of 1972, for approval by the City Council, which said report shall indicate the present boundaries, the description of the work of improvements for which assessments are to be levied for the fiscal year, the method of assessment spread, his estimate of the maintenance costs, the assessment roll, and the assessment diagram and boundary map within said Assessment District No. 05-1 and their proposed annual assessments for the fiscal year commencing July 1, 2025, to and including June 30, 2026.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of January, 2025, by the following vote:
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RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, 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: Jane Kilgore, Deputy City Clerk
Date: 01/14/2025
Subject: Council Committee Appointments and Task Forces RECOMMENDED ACTION:
This resolution approves the City Council Member appointments as recommended by the Mayor to local and regional Boards, Commissions, Task Forces, and City Council Committees for 2025.
Attachments:
1. Council Member Assignments 2025
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RESOLUTION NO. 25-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING CITY COUNCIL MEMBER
APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS,
TASK FORCES, AND COMMITTEES
WHEREAS, the City of Ripon is desirous of appointing Council Members to local and regional Boards, Commissions, Task Forces, and City Council Committees; and WHEREAS, these assignments also include City Council Committees that are focused on local issues; and
WHEREAS, the Council Members appointed have expressed their interest in serving on said appointments; and
WHEREAS, the Mayor makes a recommendation of the City Council Member appointments for the upcoming calendar, which is ratified by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the City Council Member appointments for Calendar Year 2025, as attached as “Exhibit A”, be approved.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of January, 2025, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Leo Zuber, Council Member
SECONDER:Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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Exhibit A
CITY COUNCIL ASSIGNMENTS – CALENDAR YEAR 2025
Each year the Mayor recommends to the City Council the assignments for individual council members for the upcoming calendar year, which is ratified by the City Council. These assignments include local and regional Boards, Commissions, and Task Forces Ripon City Council Members have been requested to sit on. Additionally, it also includes City Council Committees that are focused on more local issues.
BOARDS AND COMMISSIONS
1. Central Valley Division of League of California Cities Executive Member Dean Uecker
Gary Barton (Alternate)
2. San Joaquin County Council of Governments Executive Board Leo Zuber
Michael Restuccia (Alternate)
3. San Joaquin Integrated Solid Waste Management Board
Daniel de Graaf
4. LAFCO Board
Gary Barton
5. San Joaquin Partnership Board
Gary Barton
6. San Joaquin County Board of Supervisor’s Advisory Water Commission Gary Barton
Daniel de Graaf (Alternate)
7. South San Joaquin Irrigation District Groundwater Sustainability Agency Board Daniel de Graaf
Gary Barton (Alternate)
TASK FORCE(S)
1. City/County Criminal Justice Task Force
Mike Restuccia
Dean Uecker (Alternate)
City Administrator
Chief of Police
1.3.E.a
Packet Pg. 104 Attachment: Council Member Assignments 2025 (25-5 : Council Committee Appointments and Task Forces) Exhibit A
CITY COUNCIL COMMITTEES
City Council committees are intended to (1) enhance the communication between the City Council and City staff at the early phase of the development of significant items affecting public policy, (2) allow committee members to develop a deeper level of knowledge on matters of public policy or public concerns, and/or (3) make recommendations to the City Council on matters of public policy. The City Council Committees do not replace the City Council as final decision makers.
Committees should be disbanded when their primary function or task has been completed or no longer exists.
The Council member with the lowest seat assignment shall chair the committee.
1. Legislative Response
Purpose: As directed by the Mayor, review proposed state or federal legislation and provide a recommendation to the City Council on a formal position.
Daniel de Graaf
Mike Restuccia
City Administrator
City Attorney
2. Community Concerns & Public Engagement
Purpose: Meet with concerned citizens or local organizations regarding concerns over existing City policies.
Leo Zuber
Mike Restuccia
City Administrator
Chief of Police (as needed)
Public Works Director (as needed)
Planning Director (as needed)
City Attorney (as needed)
3. Code Enforcement
Purpose: Review staff approach to code enforcement matters such that the process being following is consistent with City Council Ripon Municipal Code. Recommend changes to those chapters of the Ripon Municipal Code related to code enforcement, as needed.
Leo Zuber
Mike Restuccia
City Administrator
Chief of Police
Planning Director
City Attorney
4. Housing and Loan
Purpose: Participate in discussions related to housing policies in Ripon and make recommendations to the City Council on policies and agreements related to housing.
Dean Uecker
Mike Restuccia
City Administrator
City Clerk
Planning Director
1.3.E.a
Packet Pg. 105 Attachment: Council Member Assignments 2025 (25-5 : Council Committee Appointments and Task Forces) Exhibit A
5. Economic Development
Purpose: Consider policies related to economic development and make recommendations to the City Council, as needed. For projects that are taking advantage of the City of Ripon’s incentive program, review the proposal and make a recommendation to the City Council.
Gary Barton
Leo Zuber
City Administrator
Planning Director
6. Budget Development
Purpose: Consider budget policies and make a recommendation on policies for the City Council’s consideration.
Daniel de Graaf
Mike Restuccia
All Department Heads (as needed)
7. Swimming Pool Operations
Purpose: Meet with the representatives of the Ripon Unified School District and provide input as stated in the Joint Use Agreement between the City of Ripon and Ripon Unified School District, including establish hours of operations, determine types of programs and activities, develop proposals for growth and expansion, and fiscal oversight.
Leo Zuber
Dean Uecker (Alternate)
City Administrator
Recreation Director
8. Golf Course
Purpose: Evaluate the requested use of the Capital Improvement Account funds for Long-Term Capital Improvements and Emergency Improvements and Repairs, as described in Resolution No. 08-1, “Establishing Policy for Allocation of Revenues from Jack Tone Golf Course Dean Uecker
Daniel de Graaf
City Administrator
Recreation Director
1.3.E.a
Packet Pg. 106 Attachment: Council Member Assignments 2025 (25-5 : Council Committee Appointments and Task Forces) Exhibit A
9. Two-by-Two Committee
Purpose: Meet with representatives of the organizations listed below to discuss matters related to the coordination between the agencies, concerns of an agency, or challenges an agency may be experiencing.
Make recommendations to the City Council on agreements, policy changes, etc. as it relates to these discussions.
Leo Zuber
Daniel de Graaf
City Administrator
City Attorney
Ripon Unified School District Ripon Consolidated Fire District Chamber of Commerce City of Manteca
Ripon Christian Schools City of Lathrop
CITY COUNCIL POSITIONS
1. Council Check Review
Gary Barton
1.3.E.a
Packet Pg. 107 Attachment: Council Member Assignments 2025 (25-5 : Council Committee Appointments and Task Forces) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/14/2025
Subject: South of Main Resurfacing Project Change Order #3 RECOMMENDED ACTION:
Approve Change Order No. 3 for regrading of Third Street, installation of reflective markers on Canal Boulevard and Highland Avenue, and additional materials used in slurry seal and 3-layer treatment of roads, in the not to exceed amount of $57,176.76 (funding source: Street & Road Operating Fund and Water Enterprise Capital Fund).
BACKGROUND:
The South of Main Resurfacing Project was awarded to American Pavement Systems, Inc. at the April 9, 2024 City Council meeting for an amount of $1,576,800.00. The South of Main Resurfacing Project includes the resurfacing of various streets in the area of Vera Avenue, Fourth Street, Seventh Street and Robert Avenue.
At the August 13, 2024 City Council meeting, Council approved Change Order No. 1 in the not to exceed amount of $337,976.83 for various changes to the South of Main Resurfacing Project contract documents along with the reconstruction of Third Street.
At the November 12, 2024 City Council meeting, Council approved Change Order No. 2 in the not to exceed amount of $85,431.50 for removal and replacement of striping on South Highland Avenue and Canal Boulevard.
DISCUSSION:
The South of Main Resurfacing Project has the following recommended contract changes:
Regrading of Third Street after water main replacement. o The grading of Third Street was completed prior to the decision to replace the water main that was in need of replacement. Once the contractor completed the
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water line and service connections to the properties along Third Street, the roadway needed to be re-graded.
o The cost of this change order is $12,228.18 and paid for through the Water Enterprise Capital Fund.
Placement of reflectors along South Highland Avenue and Canal Boulevard. o City standards require the placement of blue reflectors along the centerline of roadways to show locations of fire hydrants. The original work to replace the striping did not include this requirement.
o The cost of this change order is $6,930 and paid for through the Street & Road Operating Fund.
Additional material used above estimated amounts for slurry seal and 3-layer system treatments.
o The City bid forms require contractors to bid a unit price for an estimated quantity of materials to complete the contract improvements. During the construction of the project, contractors are required to track the actual quantity of materials used to complete the contract improvements. Once the quantity of material is verified by City staff, the contract cost is re-calculated using the actual quantity and the unit price included in the bid.
o The cost of this change order is $38,018.58 and paid for through the Street & Road Operating Fund.
FISCAL IMPACT:
The attached Change Order No. 3 is in the amount of $57,176.76 and will be funded through the Water Enterprise Capital Fund ($12,228.18) and the Street & Road Fund Operating Fund ($44,948.58). The current balance of the Water Enterprise Capital Fund and the Street & Road Operating Fund are $7,906,601 and $5,348,393 as of June 30, 2024, respectively. The amended construction contract price is shown in Table 1.
Table 1 – Amended Contract Price
Amount
Original Contract Price $ 1,576,800.00
Change Order 1-3 $ 480,585.09
Amended Contract Price $ 2,057,385.09
Attachments:
1. CCO3_APS
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Attachment: CCO3_APS (4503 : South of Main Resurfacing Project Change Order #3) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 01/14/2025
Subject: Landscape Repair Project
RECOMMENDED ACTION:
Award the contract for the Landscape Repair Project to Grover Landscape Services, Inc. in the amount of $217,755 and authorize staff to proceed (funding source: Miscellaneous Department Capital Fund).
BACKGROUND:
During the 2023 Strategic Planning meeting, the City Council identified as a priority to address a number of landscape issues around the City. A list of landscaping issues was assembled and categorized by how the issue was to be addressed – either by public works maintenance staff or hiring a contractor to address the issue.
Improvement plans and specifications were assembled and titled the Landscape Repair Project to address the landscape issues that were to be addressed by a contractor. These plans included landscape improvements on sections of Canal Boulevard, Colony Road, Milgeo Avenue, North Ripon Road, West Ripon Road, and Jack Tone Road (see Figure 1). Work to be performed for the Project includes demolition, grading, irrigation repair, planting, and other activities as shown on the Project Plans.
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Figure 1 – Map of Work Areas
DISCUSSION:
On December 17, 2024, bids for the Landscape Repair Project were opened. 5 bids were received as summarized below:
Grover Landscape Services, Inc. $217,755.00
CLS / Cervantes Landscape Services, Inc. $238,500.00
Clean Cut Landscape, Inc. $282,800.00
Westside Landscape & Concrete, Inc. $356,922.00
Saenz Landscape Construction, Co. $401,074.00
City staff has reviewed the bids and found Grover Landscape Services, Inc. to be the lowest responsive bidder. The Contractor has submitted the bid bond and all required documents. Staff is recommending that the City Council award the bid for the Landscape Repair Project to Grover Landscape Services, Inc. in the amount of $217,755.00 and authorize staff to proceed.
The total budgeted expense for this project is summarized below:
Construction: $217,755
Construction Contingency: $20,000
Total: $237,755
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FISCAL IMPACT:
The total cost of $237,755.00 for construction of the Landscape Repair Project will be funded with Miscellaneous Department Capital Fund. The City Council had previously allocated $500,000 of American Rescue Plan Act funds received by the City for this project.
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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
Joe Roy, Finance Manager or Vlad Tsering, Accounting Associate [email protected] (916) 244-1155 ~ [email protected] (916) 244-1141
CSJVRMA INVOICE
1750 Creekside Dr Invoice #: INV0192
Suite 200 Invoice Date: 12/16/2024
Sacramento, CA 95833 Due Date: 01/30/2025
Bill To:
CITY OF RIPON
259 NORTH WILMA AVENUE
RIPON, CA 95366
United States
2024/25 3rd Quarter Invoice
Description Amount
3rd Quarter Workers' Compensation Program $174,816.00
3rd Quarter Liability Program $128,694.00
2023/24 Cyber Assessment $3,413.00
Amount Due $306,923.00
a
Packet Pg. 114 Attachment: CSJVRMA-INV0192 (4511 : CSJVRMA 2024/2025 3rd Quarter) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 01/14/2025
Subject: Planning and Recreation Commissions Appointments This resolution approves Council Commission Appointments as recommended by the Mayor for the Planning and Recreation Commissions.
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RESOLUTION NO. 25-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON APPROVING THE APPOINTMENTS TO AND
SETTING THE TERMS FOR VACANCIES ON THE
PLANNING AND RECREATION COMMISSIONS
WHEREAS, the City of Ripon is desirous of filling the existing vacancies on the Planning and Recreation Commissions; and
WHEREAS, in November 2024, the City advertised vacancies on the Planning and Recreation Commissions and received applications from several qualified candidates; and WHEREAS, the Mayor has reviewed the applications and selected from said candidates; and
WHEREAS, Steven Verver has served as the alternate seat on the Planning Commission since March 2023 and Louis Rivera has served as the alternate seat on the Recreation Commission since January 2021 and the Mayor desires to appoint them as voting members; and WHEREAS, the persons being appointed have expressed their interest in serving on the Planning and Recreation Commissions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon as follows:
PLANNING COMMISSION:
Reappoints as a voting member to a 4-year term:
George Saljian Seat 1
David Collins Seat 2
Appoints as a voting member to a 4-year term:
Steven Verver Seat 3
Appoints as a new member to a 2-year alternate seat:
Lori Bunnell Seat 6 (alternate)
RECREATION COMMISSION:
Reappoints as a voting member to a 4-year term:
Rod Wright Seat 1
Appoints as a voting member to a 4-year term:
Louis Rivera Seat 2
Appoints as a new member to a 4-year alternate seat:
Joshua Sarratt Seat 6 (alternate)
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of January, 2025, by the following vote:
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, 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: Jane Kilgore, Deputy City Clerk
Date: 01/14/2025
Subject: Law Office of Thomas H. Terpstra, Jr.
RECOMMENDED ACTION:
Approve and authorize the Mayor to sign the Agreement for City Attorney Legal Services with the Law Office of Thomas H. Terpstra, Jr., which provides for the necessary legal services for the City of Ripon. Additionally, approve the termination of the November 9, 2021 Agreement for Legal Services with the Law Office of Thomas H. Terpstra.
BACKGROUND/DISCUSSION:
The City of Ripon was previously contracted with the Law Office of Thomas H. Terpstra to provide City Attorney legal services. After 33 years of dedicated service as City Attorney, Mr.
Terpstra has recently announced his retirement. His time serving the community saw him play a vital role in numerous projects, policies, and decisions that have significantly contributed to the quality of life in Ripon.
The City Attorney is appointed by the City Council to serve as its legal advisor, ensuring that all decisions and policies are developed in accordance with the City’s legal authority. Mr. Terpstra fulfilled this role with great professionalism and integrity.
On December 19, 2024, the City Council interviewed the current Deputy City Attorney, Tommy Terpstra, who has been closely involved in the City’s legal affairs. The Council selected Tommy to serve as the new City Attorney. This ensures a smooth transition and continued stability in the City’s legal representation.
Attached is the Agreement for City Attorney Legal Services with the Law Office of Thomas H.
Terpstra, Jr. The Agreement has been thoroughly reviewed by independent counsel from the law firm Petrulakis Law & Advocacy, APC, to ensure compliance with all necessary legal standards.
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With the approval of the Agreement for City Attorney Legal Services with the Law Office of Thomas H. Terpstra, Jr., the City Council also approves the immediate termination of the November 9, 2021 Agreement for Legal Services with the Law Office of Thomas H. Terpstra.
This termination is being made in accordance with the provisions of that agreement.
Attachments:
1. FINAL_City Ripon Agmt Legal Services_20250109
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AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES
This Agreement for City Attorney Legal Services (“Agreement”) is made and entered into by and between the City of Ripon, a California general law city (hereinafter, the "City") and the Law Office of Thomas H.
Terpstra, Jr. (hereinafter, the "Firm") and shall be deemed dated and effective as of January 14, 2025 (“Effective Date”).
The parties hereto agree as follows:
SECTION 1. RECITALS. This Agreement is made and entered into with respect to the following facts:
A. Upon the resignation of Thomas H. Terpstra, Sr. from the position of City Attorney, such resignation effective as of the date of this Agreement, the City desires to retain and utilize the professional services of the Law Office of Thomas H. Terpstra, Jr., and specifically, that Thomas H. Terpstra, Jr. shall serve as City Attorney; and
B. The Firm has agreed to provide City Attorney legal services, in the time, manner, and for the compensation, as hereinafter set forth.
SECTION 2. LEGAL SERVICES. The Firm shall perform, or cause to be performed, all necessary and appropriate City Attorney legal services for the City which may be referred to herein as “Legal Services”.
Without limiting the generality of the foregoing, the Firm shall:
A. Have the designated City Attorney, Thomas H. Terpstra, Jr., attend all meetings of the City Council unless an alternate is approved in advance by the City Administrator. The City Attorney shall also attend Planning Commission meetings when requested to do so by the City Administrator or the Director of Planning and Economic Development. Firm normally shall provide 72-hours notice to City Administrator of the need for an alternate and, in the case of emergency, as early as reasonably possible; and B. Provide legal advice and opinions on all matters affecting the City when requested by the City Council, the City Administrator, a department head, or other members of City management designated by the City Administrator, except when prevented from doing so by a legal conflict; and C. Attend other meetings of boards, commissions, committees, and staff members of the City as directed by the City Council or City Administrator; and D. Prepare resolutions and ordinances, review and approve as to legal form all City contracts and agreements, and other documents as requested, and perform such other duties and responsibilities as set forth in the Ripon Municipal Code; and
E. Undertake prosecution of violations of City ordinances as directed to do so by the City Council or City Administrator; and
F. Represent the City in civil litigation to which the City is a party at the direction of the City Council.
When so directed by the City Administrator, at the outset of each matter of litigation (other than code violations), the City Attorney shall cause a written estimated litigation budget to be prepared and presented to the City Administrator. The City Attorney and City Administrator (or City Administrator's designee) shall monitor the expenditures and provide updates to the City Council (or City Administrator) at regular intervals to be determined on a case-by-case basis; and a
Packet Pg. 120 Attachment: FINAL_City Ripon Agmt Legal Services_20250109 (4531 : Law Office of Thomas H. Terpstra, Jr.) G. When necessary, the Firm may hire third party legal representation to perform specialized work or assist with cases, when necessary. The Firm shall oversee and periodically report on the third-party legal representation; and
H. The Firm may, from time to time, and in consultation with the City Administrator, retain the services of Thomas H. Terpstra, Sr. to serve as the Senior Deputy City Attorney to assist the City Attorney on specified matters where advantageous to the City. For example, and without limitation, the Senior Deputy City Attorney may assist in facilitating the transition of law firms providing Legal Services to the City or assist in matters where his expertise and experience is beneficial to City. Notwithstanding Subsection 10C of this Agreement, Firm shall employ only one Senior Deputy City Attorney and any change in who holds that position must be approved in advance by City.
SECTION 3. COMPENSATION. The Firm shall be compensated by City for the performance of such Legal Services as follows:
A. The Firm shall be compensated, apart from reimbursable expenses, at the following hourly rates:
i. For Legal Services covered by a Reimbursement Agreement with a third party (not related to the City or insuring the City) who has agreed to reimburse City for legal fees, the hourly rate for the City Attorney shall be $325 per hour and the hourly rate for the Senior Deputy City Attorney shall be $425 per hour. This subsection (i) typically covers situations involving land use, environmental, planning and zoning matters where an applicant has agreed to reimburse City for the City’s legal fees. This subsection (i) also typically covers litigation involving a where the City is named as a Defendant, Respondent, or Real Party in Interest, but another party has agreed to defend the City in the litigation. This subsection (i) does not cover situations where the City is defended by its insurance companies or similar situations where the City has coverage for the litigation involved. ii. For all other matters not specified in subsection (i) of this Subsection 3A, the City Attorney’s hourly rate of the City Attorney shall be $295 per hour and the hourly rate of the Senior Deputy City Attorney shall be $325 per hour. iii. For all other Deputy City Attorneys, the hourly rate shall be $250 per hour. iv. For Paralegal services, the hourly rate shall be $125 per hour. v. For the services of third-party legal representation, rates shall be negotiated at the time the attorney is retained. Firm shall not mark-up the rates of third-party legal representation, but Firm may oversee and report on the work pursuant to Subsection 2G.
B. Compensation Adjustments. The rates set forth in Section 3 may be adjusted from time to time by mutual written agreement of the Parties.
C. Medical Benefits. Neither the City Attorney nor any employee of the Firm shall receive paid medical or related health benefits from the City. However, if such benefits are, or later become available to the City Attorney or any employee of the Firm through the City’s health plan, the full cost thereof shall be paid by the Firm. It is the intent of the parties that the City’s sole financial obligation is the payment of the Compensation described in Subsections 3A and 3B.
D. No Retirement Benefits or Other Benefits. Under no circumstances shall the City Attorney or any employee of the Firm be eligible for, or receive, retirement or other benefits from the City, except as provided in Subsection 3C above for medical or related health benefits. a
Packet Pg. 121 Attachment: FINAL_City Ripon Agmt Legal Services_20250109 (4531 : Law Office of Thomas H. Terpstra, Jr.) SECTION 4. STANDARD OF PERFORMANCE. Firm shall provide all Legal Services required by this Agreement in the manner and according to the standards observed by a competent practitioner of municipal law with the City’s geographical area (San Joaquin and Stanislaus counties). Firm shall prepare all work product required by this Agreement in a quality manner which conforms to the standards of quality normally observed by a person practicing municipal or special district law within the specified geographical area.
Firm shall devote such time to performing the Legal Services contracted for under this Agreement as may be reasonably necessary to meet the standard of performance herein.
SECTION 5. PAYMENT FOR SERVICES. The Firm shall submit monthly invoices to the City for all services provided and costs incurred pursuant to the terms of this Agreement. Said statements shall clearly set forth by date the type of work performed, the time spent on a task and the attorney performing the task.
Payment to Firm shall be made by the City within forty-five (45) days of receipt of the invoice, except for those specific items on the billing which are contested or questioned by the City and returned to Firm for clarification. Firm shall provide a written response to any invoice contested or questioned and returned to Firm. In addition, upon any request of City, Firm shall provide City with any and all documents related to the service or costs. City shall pay for actual and verified costs, expenses, and advances incurred by Firm on behalf of City which shall be the actual verified price paid with no mark-up of same by Firm. Firm shall not charge additionally for typical overhead costs such as clerical, secretarial, telephone, and the like.
SECTION 6. TERM AND TERMINATION. This Agreement shall begin on the Effective Date and shall continue until terminated by City or Firm. City may terminate this Agreement at will and without cause or prior notice, upon the majority vote of the City Council. Firm shall be compensated for its Legal Services rendered through and including the effective date of such termination which shall be paid by City pursuant to the terms of Section 5 of this Agreement. Firm may terminate this Agreement, at any time, by written notice to City at least sixty (60) days prior to termination.
SECTION 7. NOTICES. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified, or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared by certified mail, return-receipt requested, and addressed as follows:
CITY: City of Ripon
259 N. Wilma Ave
Ripon, CA 95366
Attn: City Administrator
FIRM: Law Office of Thomas H. Terpstra, Jr.
P.O. Box 443
Ripon, California 95366
Attn: Thomas H. Terpstra, Jr.
Service or notice by personal service shall be deemed to have been given as of the date of such personal service. Notices given by deposit with the United States Postal Service shall be deemed to have been given seven (7) consecutive calendar days following the deposit of the same in the custody of said Postal Service.
SECTION 8. INDEMNITY. The Firm does hereby agree to indemnify, defend, and hold harmless the City, and its elected and appointed officers and officials, employees, and other agents against any and all claims, demands, judgments or liability of any kind or nature which the City may sustain or incur or which may be imposed upon them, including that which may arise based upon personal injury or damage to property or to a third party, arising out of any error or negligent omission by Firm regarding the performance of Legal Services hereunder.
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Packet Pg. 122 Attachment: FINAL_City Ripon Agmt Legal Services_20250109 (4531 : Law Office of Thomas H. Terpstra, Jr.) SECTION 9. INSURANCE REQUIREMENTS. The Firm shall procure and maintain for the duration of the this Agreement, at its’ sole cost and expense: commercial general liability of not less than $1,000,000 per occurrence and $2,000,000 general aggregate; automobile liability insurance of not less than $1,000,000 for each accident combined single limit for owned, non-owned and hired autos that insures against all claims for injuries to persons or damages to property, ; and professional liability errors and omissions insurance of not less than $2,000,000 per claim and in the aggregate that insured against all claims resulting from Firm’s negligent acts or omissions which may arise from or are in connection with the performance of the work hereunder by the Firm, its agents, representatives, or employees. The Firm shall also carry statutory Workers’ Compensation Insurance and Employers’ Liability in the amount of $1,000,000 each accident and disease. Such coverage shall be maintained in effect during the term of this Agreement and shall not be subject to reduction in coverage below the limits established without prior approval by City, nor shall the insurance be cancelled or terminated without thirty (30) days, prior written notice to City. The Firm’s commercial general liability and automobile liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under each such policy. The commercial general liability policy shall allow and be endorsed as primary and not seek contribution from the City’s coverage. The commercial general liability and Workers’ Compensation policies shall allow and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, and agents.
SECTION 10. GENERAL PROVISIONS.
A. City and Firm recognize and agree that this Agreement contemplates personal performance by Firm which personal performance is a substantial inducement to City for entering into this Agreement. Firm understands that the City is hiring Firm for the Legal Services described herein and agrees that Firm shall not assign this Agreement or any interest therein, or any of the rights, duties, or obligations hereunder.
B. In the event an instance of conflict of interest arises with another client, the Firm will protect the best interests of the City and will take all necessary actions to resolve or eliminate the conflict situation. If the circumstance cannot be lawfully avoided or resolved, the Firm will undertake to recommend substitute counsel to protect the interests of the City.
C. The Firm is and shall always remain as to the City a wholly independent contractor serving as a public official. Neither the City nor any of its officers, employees, servants, or agents shall have control over the conduct of Firm or any of Firm's officers, employees, or agents, except that City may terminate this Agreement pursuant to Section 6.
D. In the performance of this Agreement, the Firm shall not engage in discrimination in employment of persons because of the age, race, color, sex, national origin or ancestry, or religion of such persons.
E. Nothing contained in this Agreement shall be deemed, construed, or represented by the City or the Firm to any third person to create a relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and the Firm.
F. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed, and acknowledged by both of the parties hereto.
G. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Firm shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance programs.
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Packet Pg. 123 Attachment: FINAL_City Ripon Agmt Legal Services_20250109 (4531 : Law Office of Thomas H. Terpstra, Jr.) H. This Agreement shall not be construed against the party preparing it but will be construed as if prepared by both parties.
SECTION 11. LICENSES AND PERMITS. At all times during the term of this Agreement, the Firm shall have in full force and effect, all licenses and permits required of it by law for the performance of the Legal Services described in this Agreement, at its own sole cost and expense.
SECTION 12. GOVERNING LAW. The City and the Firm understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.
SECTION 13. LITIGATION. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Ripon. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives as follows:
CITY OF RIPON LAW OFFICE OF THOMAS H.
TERPSTRA, JR.
Daniel de Graaf Thomas H. Terpstra, Jr.
Mayor
ATTEST
Lisa Roos, City Clerk
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Packet Pg. 124 Attachment: FINAL_City Ripon Agmt Legal Services_20250109 (4531 : Law Office of Thomas H. Terpstra, Jr.) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 01/14/2025
Subject: Resolution of Necessity - N. Ripon/River Road
RECOMMENDED ACTION:
After the public hearing was sent and received, the property owner has requested the hearing be continued until February 11, 2025.
Attachments:
1. Hegarty Offer Letter - 1-9-24
2. Notice of Hearing on Resolution of Necessity
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON DIRECTING THAT AN ACTION IN EMINENT
DOMAIN BE INSTITUTED FOR THE ACQUISITION OF
REAL PROPERTY FOR CONSTRUCTION OF TRAFFIC
SAFETY IMPROVEMENTS LOCATED AT THE SOUTH/EAST
CORNER OF EAST RIVER ROAD AND NORTH RIPON
ROAD
WHEREAS, the City of Ripon is a political subdivision of the State of California and is authorized to acquire real property by eminent domain to carry out the powers or functions of the City; and
WHEREAS, the real property to be taken consists of a Fee Simple interest in that land more particularly described in the attached Exhibit “A,” and illustrated in the attached Exhibit “B”; and
WHEREAS, the public interest and necessity require the acquisition of said interest in real property for the purpose of constructing a traffic signal to provide operational and enhanced safety benefits at the intersection of River Road and North Ripon Road; and WHEREAS, notice has been properly given to all whose name and address appears on the last Equalized County Assessment Roll per the provisions of Section 1245.235 of the California Code of Civil Procedure, and a public hearing has been held at which all persons whose property may be acquired by eminent domain have been given a reasonable opportunity to appear and be heard by the City Council on the matters set forth in Code of Civil Procedure Sections 1240.030 and 1240.610; and
WHEREAS, a two-thirds vote of all of the members of the City Council is required for adoption hereof; and
WHEREAS, due consideration of all oral and documentary evidence introduced has been given.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following findings be made:
1. That the public interest and necessity require the acquisition of the fee interest in the real property described in Exhibit “A” attached hereto and incorporated by this reference for the purpose of constructing a traffic signal to provide operational and enhanced safety benefits to improve the health, safety and welfare of vehicle operators, pedestrians and adjacent residents;
2. That the property to be acquired and the project to be developed are planned and located in the manner that will be most compatible with the greatest public good and the least private injury. This finding can be made because there is no adjacent and adjoining land that
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could be acquired and improved to serve the needs of the Project;
3. That the property sought to be acquired is necessary for the proposed project. This finding can be made because there is no adjacent and adjoining land that could be acquired and improved to serve the needs of the Project;
4. That the offer required by Section 7267.2 of the Government Code has been made to the owner of record.
BE IT FURTHER RESOLVED as follows:
1. That the law office of Malm Fagundes, acting as special counsel for the City of Ripon and/or its designated special counsel, is hereby authorized to institute and conduct to the conclusion an action in eminent domain in the Superior Court of the State of California for the County of San Joaquin for the acquisition of the described interest in real property and to take such action as is necessary to accomplish this upon direction of the City Council.
2. That the law office of Malm Fagundes, acting as special counsel for the City of Ripon and/or its designated special counsel, is also hereby authorized to obtain an order for prejudgment possession of the herein described real property and any other orders reasonably necessary for the prosecution of the action in eminent domain, or which may be necessary for the orderly completion of the proposed project.
BE IT FURTHER RESOLVED that the City of Ripon is directed to draw all necessary warrants payable to the State Treasurer in the amount specified in a written statement or summary of the basis for probable compensation prepared in accordance with Code of Civil Procedure Sections 1255.010, et seq.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 14th day of January, 2025, by the following vote:
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER:Dean Uecker, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
DANIEL DE GRAAF, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk
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City of Ripon
259 N. Wilma Avenue• Ripon, California 95366
Phone (209)599-2108 • Fax (209)599-2685
www.cityofripon.org
January 9, 2024
Mr. David Hegarty
David B. Hegarty Family Limited Partnership
15230 E. River Road
Ripon, CA 95366
MAYOR
Michael Restuccia
VICE MAYOR
Leo Zuber
COUNC'IL MEMBERS
Daniel de Graff"
Gary Barton
Dean Uecker
CITY ADMINISTRATOR
CITY ENGINEER
Kevin Werner
CITY ATTORNEY
Thomas H. Terpstra
CITY CLERK FINANCE DIRECTOR
Lisa Roos
DIRECTOR OF PLANNING.
BUILDING & ECONOMIC
DEVELOPMENT
Ken Zuiden'anrt
DIRECTOR OF PUBLIC WORKS
James Pense
RECREATION DIRECTOR
Kye S1e,·e11s
Re: Offer to Purchase Real Property/California Government Code Section 7267.2 Dear Mr. Hegarty:
The City of Ripon ("City") seeks to acquire real property to be used for the North Ripon and River Road Widening and Signal Project (the "Project"). This Project requires the acquisition of certain portions, including .4942 acres (a portion of APN 245-180-23) of your property (the "Property") located at the southeast comer of E. River Road and North Ripon Road. An appraisal of the Property was completed by Cogdill Associates, Inc. on August 29, 2023, and includes an opinion of Fair Market Value of the Property as of the date of valuation, August 25, 2023.
Accordingly, the City hereby makes a conditional offer to purchase the Property described above for the sum of One Hundred Eighty Seven Thousand ($187,000) Dollars. The property will be acquired in fee. It is further described in Exhibit "A" attached to the Written Statement of and Summary of the Basis for Just Compensation enclosed herein.
This amount:
(1) Represents the full amount established by the City as the amount which it believes to be just compensation for the property taken; (2) Is not less than the full amount of the City's approved appraisal of the fair market value of the property; and
(3) Disregards any decrease or increase in the fair market value of the real property proposed to be acquired prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant;
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Packet Pg. 129 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road)
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Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 48 SUMMARY OF VALUE
1. The Value of the Entire Property Before the
Acquisition - Larger Parcel
$2,612,000
2. Estimate the Value of the Acquisition Area:
Land/Orchard Value
0.4942/ AC X $125,000/AC = $61,775
Improvements in Acquisition Area:
(Residence, Asphalt Paving, Landscaping, Etc.) $109,499 Cost to Cure Items: $15,850
Total: $187,124
3. Deduct 2 from 1 to Arrive at the Value of the
Remainder Before the Acquisition: $2,424,876
4. Value of the Severed Remainder After the
Acquisition, Including Benefits if Allowable –
Remainder $2,424,876
5. Deduct 4 from 3 to Obtain the Difference
Representing the Severance Damage $0
6. Add the Value of the Severance Damage, if Any,
to the Value of the Acquisition, to Arrive at the
Total Value of the Acquisition Area as Part of the
Whole: $187,124
Rounded: $187,000
Written Statement of and Summary of
the Basis for Just Compensation
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Packet Pg. 131 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road)
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Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road)
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Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 1 Property Owner’s Information Pamphlet
on Use of Eminent Domain in California
A summary of the Process and Owner’s Rights
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Packet Pg. 134 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 2 ABOUT THE EMINENT DOMAIN PAMPHLET
SB 698 which went into effect on January 1, 2008, requires that every property owner who is the subject of an eminent domain action must be given an “informational pamphlet” outlining the property owner’s rights under the Eminent Domain Law of California.
This pamphlet has been put together through the efforts of the following organizations:
League of California Cities
California State Association of Counties
Association of California Water Agencies
California Special Districts Association
California Redevelopment Association
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Packet Pg. 135 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 3 EMINENT DOMAIN – Information Pamphlet (SB 698)
I. Introduction
Eminent domain is the power of the government to purchase private property for a "public use" so long as the property owner is paid "just compensation." Whenever possible, the City of Ripon tries to avoid use of the eminent domain power, exercising it only when it is necessary for a public project. The decision to acquire private property for a public project is made by the City of Ripon only after a thorough review of the project, which often includes public hearings.
This pamphlet provides general information about the eminent domain process and the rights of the property owner in that process.1
What is a "public use"?
A "public use" is a use that confers public benefits, like the provision of public services or the promotion of public health, safety, and welfare. Public uses include a wide variety of projects such as street improvements, construction of water pipelines or storage facilities, construction of civic buildings, redevelopment of blighted areas, and levee improvements to increase flood protection. Some public uses are for private entities, such as universities, hospitals and public utilities, which serve the public. What is "just compensation"?
Just compensation is the fair market value of the property being acquired by the government. The state law definition of fair market value is "the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available."
II. The Eminent Domain Process and the Property Owner's Rights The eminent domain process begins with a public use project. When selecting a project location, the goal is to render the greatest public good and the least private injury or inconvenience. If it is determined that all or a portion of your property may be necessary for a public use project, the City of Ripon will begin the appraisal process to determine the property’s fair market value. ______________________________________________________________________________ 1This pamphlet reflects the current law as of January 1, 2008. However, the information in this pamphlet is not, nor should it be construed as, legal advice. You should consult with qualified legal counsel regarding your specific situation rather than relying on this pamphlet as legal advice.
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Packet Pg. 136 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 4 How is the fair market value of my property determined? The City of Ripon will retain an independent, accredited appraiser familiar with local property values to appraise your property. The appraiser will invite you to accompany him or her during an inspection of your property. You may give the appraiser any information about improvements and any special features that you believe may affect the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to ensure that nothing of value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property meet with the appraiser instead.
After the inspection, the appraiser will complete an appraisal that will include the appraiser's determination of your property's fair market value and the information upon which the fair market value is based. The appraiser will provide the City of Ripon with the appraisal. The City of Ripon will then make a written offer to purchase the property.
The offer will also include a summary of the appraisal. The offer will be for no less than the amount of the appraisal.
What factors does the appraiser consider in determining fair market value? Each parcel of real property is different and, therefore, no single formula can be used to appraise all properties. Among the factors an appraiser typically considers in estimating fair market value are:
o The location of the property;
o The age and condition of improvements on the property; o How the property has been used;
o Whether there are any lease agreements relating to the property; o Whether there are any environmental issues, such as contaminated soil; o Applicable current and potential future zoning and land use requirements; o How the property compares with similar properties in the area that have been sold recently;
o How much it would cost to reproduce the buildings and other structures, less any depreciation; and
o How much rental income the property produces, or could produce if put to its highest and best use.
Will I receive a copy of the appraisal?
The City of Ripon is required to provide you with its purchase offer, a summary of the appraiser's opinion, and the basis for the City of Ripon's offer. Among other things, this summary must include:
o A general statement of the City of Ripon's proposed use for the property; o An accurate description of the property to be acquired; o A list of the improvements covered by the offer;
o The amount of the offer; and
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Packet Pg. 137 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 5 o The amount considered to be just compensation for each improvement which is owned by a tenant and the basis for determining that amount.
However, the City of Ripon is only required to show you a copy of the full appraisal if your property is an owner-occupied residential property with four or fewer residential units. Otherwise, the City of Ripon may, but is not required, to disclose its full appraisal during negotiations (though different disclosure requirements apply during the litigation process if the issue of fair market value goes to court). Can I have my own appraisal done?
Yes. You may decide to obtain your own appraisal of the property in negotiating the fair market value with the City of Ripon. At the time of making its initial offer to you, the City of Ripon must offer to reimburse you the reasonable costs, not to exceed $5,000, of an independent appraisal of your property. To be eligible for reimbursement, the independent appraisal must be conducted by an appraiser licensed by the State Office of Real Estate Appraisers.
What advantages are there in selling my property to the [condemning agency]? A real estate transaction with the City of Ripon is typically handled in the same way as the sale of private property. However, there may be a financial advantage to selling to the City of Ripon.
o You will not be required to pay for real estate commissions, title costs, preparation of documents, title policy or recording fees required in closing the sale. The City of Ripon will pay all these costs.
o Although the City of Ripon cannot give you tax advice or direction, you might also be eligible for certain property and income tax advantages. You should check with the Internal Revenue Service (IRS) for details or consult your personal tax advisor.
If only a portion of my property is taken, will I be paid for the loss to my remaining property?
In general, when only a part of your property is needed, every reasonable effort is made to ensure you do not suffer a financial loss to the "remainder" property. The City of Ripon will pay you the fair market value of the property being taken as well as compensation for any loss in value to your remaining property that is not offset by the benefits conferred by the project. The compensation for the loss in value to your remaining property is often referred to as "severance damages." Also, if any remaining part is of such a size, shape, or condition as to be of little market value, the City of Ripon will offer to acquire that remaining part (or remnant) from you, if you so desire.
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Packet Pg. 138 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 6 Will I be compensated for loss of goodwill to my business? If you are the owner of a business that is conducted on the property being acquired, you may have a right to compensation for lost business goodwill if the loss is caused by the acquisition of the property. "Goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. What will happen to the loan on my property?
Where the City of Ripon is acquiring the entire property, generally the compensation payable to the owner is first used to satisfy outstanding loans or liens as in a typical real estate transaction. Where less than the entire property is being acquired, whether outstanding loans or liens are paid from the compensation will depend on the particular facts and circumstances.
Do I have to sell at the price offered?
No. If you and the City of Ripon are unable to reach an agreement on a mutually satisfactory price, you are not obligated to sign an offer to sell or enter into a purchase agreement.
If I agree to accept the City of Ripon's offer, how soon will I be paid? If you reach a voluntary agreement to sell your property or an interest in the property to the City of Ripon, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after a purchase/sale contract is signed by all parties.
What happens if we are unable to reach an agreement on the property's fair market value?
The City of Ripon, to the greatest extent practicable, will make every reasonable effort to acquire your property by negotiated purchase. If, however, the negotiations are unsuccessful, the City of Ripon may either file an eminent domain action in a court located within the same county where your property is located or it may decide to abandon its intention to acquire the property. If the City of Ripon abandons its intention to acquire, it will promptly notify you.
If the City of Ripon proceeds with eminent domain, the first step is for City of Ripon staff to request authority from the City Council to file a condemnation action. The approval from the City Council is called a "Resolution of Necessity." In considering whether condemnation is necessary, the City Council must determine whether the public interest and necessity require the project, whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury,
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Packet Pg. 139 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 7 and whether your property is necessary for the project. You will be given notice and an opportunity to appear before the City Council when it considers whether to adopt the Resolution of Necessity. You may want to call an attorney or contact an attorney referral service right away. You or your representatives can raise any objections to the Resolution of Necessity and the condemnation either orally before the City Council or in writing to the City Council.
If the City Council adopts the Resolution of Necessity, the City of Ripon can file a complaint in court to acquire title to the property upon payment of the property's fair market value. The City of Ripon is the plaintiff. Anyone with a legal interest in the property, generally determined from a title report on the property (including tenants or mortgage holders), are named as defendants. Often, the City of Ripon will also deposit the amount the City of Ripon believes is the "probable amount of compensation" with the State Treasurer where the complaint is filed. A deposit must be made if the City of Ripon is seeking to acquire possession of the property before agreement is reached on the fair market value.
Can the City of Ripon acquire possession of my property before the property’s fair market value is determined in the eminent domain lawsuit? In some cases, the City of Ripon may decide it needs possession of the property before the property's fair market value is finally determined. In such a case, the City of Ripon must apply to the court for an "order for possession" to allow it to take possession and control of the property prior to resolution of the property's fair market value. The City of Ripon is required to schedule a hearing with the court on the proposed order for possession and to give you notice of the hearing. Notice must generally be sent at least 90 days before the hearing date if the property is occupied and 60 days before the hearing date if the property is unoccupied. A judge will decide whether the order for possession should be granted. As noted above, the City of Ripon must deposit with the State Treasurer the probable amount of just compensation in order to obtain possession of the property.
Can I oppose the motion for an order for possession?
Yes. You may oppose the motion in writing by serving the City of Ripon and the court with your written opposition within the period of time set forth in the notice from the City of Ripon.
Can I rent the property from the City of Ripon?
If the City of Ripon agrees to allow you or your tenants to remain on the property after the City of Ripon acquires possession, you or the tenants will be required to pay a fair rent to the City of Ripon. Generally, such rent will not be more than that charged as rent for the use of a property similar to yours in a similar area.
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Packet Pg. 140 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 8 Can I withdraw the amount deposited with the State Treasurer before the eminent domain action is completed, even if I don't agree that the amount reflects the fair market value of my property?
Yes. Subject to the rights of any other persons having a property interest (such as a lender, tenant, or co-owner), you may withdraw the amount deposited with the State Treasurer before the eminent domain action is completed. If you withdraw the amount on deposit, you may still seek a higher fair market value during the eminent domain proceedings, but you may not contest the right of the City of Ripon to acquire the property, meaning you cannot contest that the acquisition of your property is for a public purpose or is otherwise improper.
You also have the right to ask the court to require the City of Ripon to increase the amount deposited with the State Treasurer if you believe the amount the City of Ripon has deposited is less than the "probable amount of compensation." Can I contest the condemning agency's acquisition of the property? Yes. Provided you have not withdrawn the amount deposited, you can challenge in court the City of Ripon's right to acquire or condemn the property. What happens in an eminent domain trial?
The main purpose of an eminent domain trial is to determine the fair market value of your property, including compensable interests such as lost business goodwill caused by the taking or severance damages. The trial is usually conducted before a judge and jury. You (and any others with interests in the property) and the City of Ripon will have the opportunity to present evidence of value, and the jury will determine the property's fair market value. In cases where the parties choose not to have a jury, the judge will decide the property's fair market value. Generally, each party to the litigation must disclose its respective appraisals to the other parties prior to trial.
If you challenge the City of Ripon's right to acquire the property, the eminent domain trial will also determine whether or not the City of Ripon has the legal right to acquire the property. In such cases, the judge (not the jury) will make this determination before any evidence is presented concerning the property's fair market value.
At the end of the trial, the judge will enter a judgment requiring the City of Ripon to pay fair market value. Once the City of Ripon pays the amount listed in the judgment, the judge will enter a final order of condemnation. The City of Ripon will record the final order with the County Recorder, and title to the property will then pass to the City of Ripon.
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Packet Pg. 141 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) 9 Am I entitled to interest?
Anyone receiving compensation in an eminent domain action is generally entitled to interest on that compensation from the date the condemning agency takes possession of the property until the person receiving the compensation has been fully paid. The rate and calculation of the interest is determined under formulas in State law. Will the City of Ripon pay my attorneys' fees and costs.
In an eminent domain action, you are entitled to be reimbursed by the condemning agency for your court costs such as court filing fees. In some circumstances, you may also be entitled to be reimbursed by the condemning agency for your attorneys' fees in the lawsuit. Whether you will be entitled to receive reimbursement for your attorneys' fees will depend on the particular facts and circumstances of the case and the offers and demand for compensation made in the action.
Will I receive assistance with relocation?
Any person, business, or farm operation displaced as a result of the property acquisition is typically entitled to relocation advisory and financial assistance for eligible relocation expenses, such as moving expenses. The amount of relocation compensation is determined on a case-by-case basis in accordance with prescribed law. Relocation benefits are handled separate and apart from the determination of the property's fair market value and are not part of the eminent domain process.
III. Contact Information
We are available to answer your questions and to assist you in understanding the acquisition program and the eminent domain process. Should you desire further information, please contact the City of Ripon at (209) 599-2108 or your Acquisition Agent, Ken Zuidervaart, Planning Director, (209) 599-0222 or [email protected].
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Packet Pg. 142 Attachment: Hegarty Offer Letter - 1-9-24 (4517 : Resolution of Necessity - N. Ripon/River Road) City of Ripon
259 N. Wilma Avenue • Ripon, California 95366
Phone (209)599-2108 • Fax (209)599-2685
www.cityofripon.org
MAYOR
Daniel de Graff
VICE MAYOR
Gary Barton
COUNCIL MEMBERS
Dean Uecker
Michael Restuccia
Leo Zuber
CITY ADMINISTRATOR/
CITY ENGINEER
Kevin Werner
CITY ATTORNEY
Thomas H. Terpstra
CITY CLERK/FINANCE DIRECTOR
Lisa Roos
DIRECTOR OF PLANNING,
BUILDING & ECONOMIC
DEVELOPMENT
Ken Zuidervaart
DIRECTOR OF PUBLIC WORKS
James Pease
RECREATION DIRECTOR
Kye Stevens
December 19, 2024
David Hegarty
15230 E. River Road
Ripon, CA 95366
Re: Notice of Intent to Adopt Resolution of Necessity
North Ripon/River Road Traffic Signalization Project
Assessor’s Parcel Number: 245-180-23(“Subject Property”) San Joaquin County Dear Mr. Hegarty:
The City of Ripon is in the process of acquiring right-of-way for the North Ripon/River Road Traffic Signalization Project. The law provides procedures for public agencies to acquire private property for public use. It requires every agency which intends to condemn property to notify the owner(s) of its intention to condemn. California Code of Civil Procedure (CCP) Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following three conditions are established:
1. The public interest and necessity require the proposed project; and
2. The proposed project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and
3. This property is necessary for the project.
Also, CCP Section 1245.230 requires that the offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record, unless the owner(s) cannot be located with reasonable diligence. A written offer required by Section 7267.2 of the Government Code was sent to you on December 7, 2023 at the address that was listed on the last equalized county assessment roll.
You are hereby notified that the City Council of the City of Ripon, at its meeting to be held on January 14, 2025 at 6:00 p.m., at 259 N. Wilma Avenue, Ripon, California, will be asked to decide if the above conditions have been met concerning your property and, if so, to adopt a Resolution of Necessity (“Resolution”) to acquire a portion of your property by eminent domain. Questions regarding the amount
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Packet Pg. 143 Attachment: Notice of Hearing on Resolution of Necessity (4517 : Resolution of Necessity - N. Ripon/River Road) of compensation to be paid or the value of the property to be acquired are not part of this proceeding and the City Council will not consider such in determining whether a Resolution should be adopted.
The City Council’s adoption of the Resolution authorizes the City of Ripon (the “City”) to acquire the property by eminent domain. A description of the required property is attached to this notice.
The law provides you an opportunity to appear before the City Council and raise questions concerning the three conditions referred to in CCP 1240.030 as cited above. You are entitled to appear in person and object to the adoption of the Resolution. If you intend to appear, please provide a written request to appear before the Council no later than 15 days from the mailing of this notice and include a statement indicating which of the three conditions listed in the first paragraph above you contend have not been met. By designating which of the conditions form the basis of your challenge and explaining why you believe they have not been met, you will enable the City Council to conduct a full and expeditious review of the project’s effect on your property. The request to appear should be sent to: Deputy City Clerk, City of Ripon, 259 N. Wilma Avenue, Ripon, CA 95366.
Your written request to appear must be on file with the Deputy City Clerk within the 15-day period set forth above. Failure to timely file a written request to appear will result in a waiver of your right to appear and be heard by the City Council.
For your convenience, if you are unable to personally appear and choose to submit written objections in place of a personal appearance, the City Council will consider any written objections so long as they are received by the Deputy City Clerk prior to the meeting date. All written objections filed with the City Council will become part of the official record of the meeting at which the City Council hears the Resolution.
If you have any questions regarding this eminent domain proceeding, please contact Ken Zuidervaart, Planning Director, at (209) 599-0222 ext. 3222 or [email protected]. If you have questions regarding the City Council meeting or its logistics, please contact Jane Kilgore, Deputy City Clerk, at (209) 599-2108 ext. 3215 or [email protected].
Sincerely,
Ken Zuidervaart, Director
Planning, Building and Economic Development
Attachments: Resolution of Necessity
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Packet Pg. 144 Attachment: Notice of Hearing on Resolution of Necessity (4517 : Resolution of Necessity - N. Ripon/River Road) 1 789591-1
RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIPON DIRECTING
THAT AN ACTION IN EMINENT DOMAIN BE INSTITUTED FOR THE
ACQUISITION OF REAL PROPERTY FOR CONSTRUCTION OF TRAFFIC SAFETY
IMPROVEMENTS LOCATED AT THE SOUTHEASTCORNER OF EAST RIVER
ROAD AND NORTH RIPON ROAD
WHEREAS, the City of Ripon is a political subdivision of the State of California and is authorized to acquire real property by eminent domain to carry out the powers or functions of the City; and
WHEREAS, the real property to be taken consists of a Fee Simple interest in that land more particularly described in the attached Exhibit “A,” and illustrated in the attached Exhibit “B.”
WHEREAS, the public interest and necessity require the acquisition of said interest in real property for the purpose of constructing traffic safety improvements. The roadway network requires public safety improvements due to excessive motor vehicle accidents; and WHEREAS, notice has been properly given to all whose name and address appears on the last Equalized County Assessment Roll per the provisions of Section 1245.235 of the California Code of Civil Procedure, and a public hearing has been held at which all persons whose property may be acquired by eminent domain have been given a reasonable opportunity to appear and be heard by the City Council on the matters set forth in Code of Civil Procedure Sections 1240.030 and 1240.610; and
WHEREAS, a two-thirds vote of all of the members of the City Council is required for adoption hereof; and
WHEREAS, due consideration of all oral and documentary evidence introduced has been given.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ripon that the following findings be made:
1. That the public interest and necessity require the acquisition of the fee interest in the real property described in Exhibit “A” attached hereto and incorporated by this reference for the purpose of constructing traffic safety infrastructure to improve the health, safety and welfare of vehicle operators, pedestrians and adjacent residents ;
2. That the property to be acquired and the project to be developed are planned and located in the manner that will be most compatible with the greatest public good and the least private injury. This finding can be made because there is no adjacent and adjoining land that could be acquired and improved to serve the needs of the Project;
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Packet Pg. 145 Attachment: Notice of Hearing on Resolution of Necessity (4517 : Resolution of Necessity - N. Ripon/River Road) 2 789591-1
3. That the property sought to be acquired is necessary for the proposed project.
This finding can be made because there is no adjacent and adjoining land that could be acquired and improved to serve the needs of the Project;
4. That the offer required by Section 7267.2 of the Government Code has been made to the owner of record.
BE IT FURTHER RESOLVED as follows:
1. That the law office of Malm Fagundes, acting as special counsel for the City of Ripon and/or its designated special counsel, is hereby authorized to institute and conduct to the conclusion an action in eminent domain in the Superior Court of the State of California for the County of San Joaquin for the acquisition of the described interest in real property and to take such action as is necessary to accomplish this upon direction of the City Council.
2. That the law office of Malm Fagundes, acting as special counsel for the City of Ripon and/or its designated special counsel, is also hereby authorized to obtain an order for prejudgment possession of the herein described real property and any other orders reasonably necessary for the prosecution of the action in eminent domain, or which may be necessary for the orderly completion of the proposed project.
BE IT FURTHER RESOLVED that the City of Ripon is directed to draw all necessary warrants payable to the State Treasurer in the amount specified in a written statement or summary of the basis for probable compensation prepared in accordance with Code of Civil Procedure Sections 1255.010, et seq.
PASSED AND ADOPTED by the City Council of the City of Ripon, at a meeting thereof held on this ___ day of January, 2025, by the following vote, TO WIT:
AYES: __________
NOES: __________
ABSTENTION: __________
ABSENT: __________
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Packet Pg. 146 Attachment: Notice of Hearing on Resolution of Necessity (4517 : Resolution of Necessity - N. Ripon/River Road) 3 789591-1
CITY OF RIPON
BY_________________________________
DANIEL DE GRAFF, MAYOR
ATTEST:
_______________________________
LISA ROOS, CITY CLERK
CERTIFICATION
I, LISA ROOS, City Clerk of the City of Ripon, do hereby certify that the foregoing is a full, true and correct copy of a resolution of the City Council of the City of Ripon, duly passed and adopted at a meeting thereof held on the ___ day of June, 2024.
Dated: _______________, 2024.
______________________________________
LISA ROOS, CITY CLERK
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Packet Pg. 147 Attachment: Notice of Hearing on Resolution of Necessity (4517 : Resolution of Necessity - N. Ripon/River Road)
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Packet Pg. 148
Attachment: Notice of Hearing on Resolution of Necessity (4517 : Resolution of Necessity - N. Ripon/River Road)
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Packet Pg. 149
Attachment: Notice of Hearing on Resolution of Necessity (4517 : Resolution of Necessity - N. Ripon/River Road)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon Planning Commission will hold a public hearing on Tuesday, January 14, 2025 at 6:00 P.M., in the Council Chambers, 259 N. Wilma Avenue, on the following matter:
Resolution of Necessity for the North Ripon/River Road Traffic Signalization Project, a public hearing to consider adoption of a Resolution of Necessity to acquire real property through eminent domain for the purpose of the North Ripon/River Road Traffic Signalization Project. This project is located at the intersection of North Ripon Road and River Road and encompasses a portion of the property located at 21800 S.
North Ripon Road (APN 245-180-23). This project was determined to be Categorical Exempt from CEQA.
PURSUANT TO SECTION 65009 OF THE GOVERNMENT CODE OF THE STATE
OF CALIFORNIA, NOTICE IS HEREBY FURTHER GIVEN THAT IF SUCH
PROPOSED PARCEL MAP OR USE 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 PLANNING COMMISSION 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, Director
Planning and Economic Development
Published December 20, 2024
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Packet Pg. 150 Attachment: Notice of Hearing on Resolution of Necessity (4517 : Resolution of Necessity - N. Ripon/River Road) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 01/14/2025
Subject: Lighting District Financial Update
RECOMMENDED ACTION:
Staff to present a summary of the Lighting District financials.
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