Ripon City Council
February 11, 2025

Ripon City Council Minutes
TUESDAY, FEBRUARY 11, 2025 – 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 Leo Zuber, Michael Restuccia, Dean Uecker, Vice Mayor Gary Barton, Mayor Daniel de Graaf.

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

IN THE MATTER OF:
(1) Potential or Pending Litigation pursuant to Section 54956.9(e)(1) of the California Government Code – 2 case.
(2) Real Property Negotiations pursuant to Section 54956.7 of the California Government Code – APN 245-180-23.

Joe Fagundes joined the closed session at 5:11 PM.

Return to open session.

City Attorney Terpstra Jr. said Council met in closed session to discuss the two pending litigation items on the agenda. Invoices for both items were approved and no further 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 Mark VanDyke gave the invocation.

City Council Page 2 February 11, 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 Jr., Planning Director Ken Zuidervaart, Recreation Director Kye Stevens, Director of Public Works James Pease, Police Chief Daniel Sauer, City Clerk Lisa Roos, Deputy City Clerk Jane Kilgore, Information Systems Technician Alex Arias, Dave Hegarty, Dustin Dyer, Michael Winters, Chad Jackson, Jennifer Davis, William Davis, John Upshaw, David Shaw, Edna Shaw, Frank Zavala, Pam Zamora, Mark VanDyke, Kelly Donohue, Fernando Bernal, Gary Williams, Carol Bauman, William Kay.

PUBLIC DISCUSSION:

Erick Davis said he is here to express his frustration over receiving a certified notice from the City of Ripon demanding that he repair a sidewalk adjacent to his home within 14 days. He said the notice, which cited the sidewalk as a trip hazard, threatened that the City would perform the repairs and bill him if he failed to comply. Davis said he lives in the Poppy Hills Estate, where trees planted by the developer have caused damage to the sidewalk.

Davis said the City of Ripon’s ordinance, enacted in 2019, places responsibility for sidewalk repairs caused by these trees on homeowners, despite the trees being outside his legal property boundaries. Davis explained that the sidewalk damage resulted from tree roots, of the trees planted outside his property line. He said that the City of Modesto handles similar issues by maintaining responsibility for trees and damaged sidewalks, using a tiered maintenance system.

He said that in Modesto, sidewalk damage of less than two inches is repaired through grinding, with more significant damage patched or replaced.

Davis said he is requesting that the City of Ripon cease enforcement of the 2019 ordinance until it is re-evaluated. He recommended an exception for trees planted by developers outside of homeowners' properties, so that the City would be responsible for any resulting sidewalk damage. He emphasized that the current situation is unfair to homeowners in his subdivision.

John Upshaw said he was glad of the opportunity to address an issue he perceives as governmental overreach, specifically related to a sidewalk repair ordinance enacted in 2019. He said that although he has not yet been affected by this ordinance, he anticipates that he will be, due to tree roots causing damage near his property.

Upshaw said the ordinance shifted responsibility for sidewalk repairs onto homeowners without sufficient notification or consideration of individual circumstances. He said that many residents were unaware of the financial burden they now face, which, in some cases, amounts to thousands of dollars.

City Council Page 3 February 11, 2025
Upshaw said he feels that the ordinance was hastily passed, without proper discussion, and that it places an unfair burden on homeowners, particularly since much of the sidewalk damage is caused by natural events, like tree root growth.

Upshaw said the City prioritized avoiding lawsuits by transferring liability to homeowners, rather than looking out for the best interests of the community. He suggested that the City should have a budget to address such issues, rather than placing the financial burden solely on homeowners. He said the City needs to cease enforcement of the ordinance, provide refunds to affected residents who received a notice within the past 60 days, and establish a committee to reexamine the policy. Upshaw emphasized that homeowners are willing to contribute to maintaining the community but thinks that the current approach is punitive and unfair.

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

Joseph Simile said he received a letter from the City of Ripon stating that the sidewalk in front of his home needed to be removed and replaced at his expense. He said that this sidewalk, most likely installed by the original developer, was intended to be maintained by the City, along with the adjacent City-owned tree. Simile described the notice as predatory, stating that the City was hiring individuals to identify issues with the concrete, then issuing invoices or threats of a lien if the repairs were not completed.

Simile said the sidewalk is not located on his property, is not covered by his homeowner’s insurance and that the City should bear the responsibility for its maintenance, as is common in other cities. He said that while he is being held liable for the repairs, he receives no benefit in return.

Simile pointed out that he would still need to file for an encroachment permit to work within the City’s right of way, underscoring that he does not own the property in question but is being held financially responsible for it.

Simile said there needs to be a change in the City ordinance, describing it as unfair, predatory, and financially burdensome. He questioned whether City Council members were aware of the extensive liability they had shifted to residents when the ordinance was added to the Ripon Municipal Code.

Ryan Sweet said he is writing against City Ordinance Chapter 12.16 which moves the responsibility for repair and upkeep of sidewalks and grass or landscaped aprons from the City of Ripon to the property owner should these areas fall into disrepair. He said it is his understanding that Ordinance Chapter 12.16 was enacted at the July 11, 2019 City Council Meeting without any due process or informing the public about said proposals and changes. He said sidewalks are part of the public infrastructure and, as such, require uniform upkeep and maintenance from our municipality and the cost must not be passed along to private property owners. He is requesting that this ordinance be repealed.

Oscar Villanueva said he and his wife received a letter from the City of Ripon stating that their sidewalk required repairs within a specific timeframe and if they failed to complete the repairs, the City would do the repairs but charge the homeowners a significant amount. He said this is governed by a City ordinance.

City Council Page 4 February 11, 2025
Villanueva said that important facts were omitted from the letter including that their home, built in the mid-2000s, is surrounded by sweet gum trees, which were approved by the City for planting. He said over 20 years, these trees have grown and caused the sidewalks to lift, creating trip hazards and unsafe conditions. Villanueva said the City’s approval of these trees was a poor decision, and now homeowners are unfairly being held responsible for the resulting damage.

He requested that the City take responsibility for the mistake of approving these trees and handle the sidewalk repairs without burdening homeowners with the costs.

Mayor de Graaf thanked everyone for their comments and asked City Administrator Werner to give an overview and brief history of the Sidewalk Repair ordinance.

Werner said that the sidewalk maintenance program has been in place since the late 1960s or early 1970s. He said according to this program, property owners are responsible for the maintenance and liability of the sidewalks, including any injuries that may occur due to hazards.

Werner said this ordinance is not unique to Ripon, as many cities in California have similar regulations based on the California Streets and Highways Code.

Werner said the primary reason for this approach is that private tree roots, maintained by property owners, often cause the sidewalk damage. He said in 2019, changes were made to the ordinance, particularly in notification timelines and financial assistance. He said the City Council introduced a six-month, interest-free loan to help property owners manage the costs of repairs.

Werner said the City previously contracted with a company to do the sidewalk repairs and when the City's contractor retired recently, Ripon hired Public Works staff to handle the repairs, allowing the City to pass on the direct cost to property owners without any additional charges.

Werner said that sidewalk trip hazards are a major safety concern, with many reported injuries.

He said the City does not go out looking for sidewalk hazards but receives many reports from the community and that the City takes these reports seriously and works to mitigate hazards quickly.

He said while the repair notice states a 14-day deadline, property owners can request an extension of up to 90 days by working with the City Engineer.

Werner emphasized that staff is available to meet with homeowners to address concerns and find creative solutions, as the City remains focused on ensuring safety.

City Council Page 5 February 11, 2025
APPROVAL OF MINUTES:

Motion to approve the minutes of the Regular Ripon City Council meeting of January 14, 2025 and the Special City Council Meeting of January 22, 2025.

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

1. CITY COUNCIL - REGULAR MEETING - JAN 14, 2025 6:00 PM

2. CITY COUNCIL - SPECIAL MEETING - JAN 22, 2025 4:00 PM APPROVAL OF AGENDA AS POSTED (OR AMENDED):

City Clerk Roos requested Item 1.2A be pulled from the Consent Calendar for discussion.

Motion to approve the agenda as amended.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Restuccia, Council Member
SECONDER: Gary Barton, Vice Mayor
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
(January 2024 $276,028.75)
FY 2024-25 YTD: $2,492,698
FY 2023-24 YTD: $2,613,180
Highway Users Tax
(December 2023 $31,881.12)
FY 2024-25 YTD: $251,892
FY 2023-24 YTD: $231,041
SB1 Street & Road Tax
(January 2024 $28,816.11)
FY 2024-25 YTD: $255,416
FY 2023-24 YTD: $223,991
$242,735.44
$41,847.25
$37,817.15
TOTAL $322,399.84
City Council Page 6 February 11, 2025
B. STATE OF CALIFORNIA
Vehicle License Fee FY 2023-24 Excess Funds
FY 2022-23: $19,735.13
$25,208.34
C. WASTE MANAGEMENT
Monthly Franchise Fee Payment
December 2024

$6,766.95
D. CCATT HOLDINGS
Monthly Acacia Avenue Cell Tower Lease Payment
January 2025 $1,305.31
E. VERTICAL BRIDGE
Annual Acacia Avenue Cell Tower Lease Payment $12,965.81 F. MODESTO IRRIGATION DISTRICT
Annual Franchise Fee Payment - 2024 $195,818.55

1.2. Bills, Invoices, Payments
A. ITEM A WAS MOVED TO ITEMS PULLED FROM CONSENT
B. LAW OFFICE OF THOMAS H. TERPSTRA JR.

General Matters
Police Matters
Westside Annexation
$2,856.75
$3,156.50
$2,537.00

TOTAL $8,550.25
C. PRICE PAIGE & COMPANY
Audit Services
Progress Payment – Invoice #34955 $608.00
D. SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY
SSJGSA Expenses
4th Quarter 2024 - Invoice #Ripon 2024Q4 $5,473.13
E. SAN JOAQUIN REGIONAL TRANSIT DISTRICT
Blossom Express Driver
January 2025 Invoice #AR115245 $2,543.37
F. BASECAMP ENVIRONMENTAL, INC.

Environmental Services for the Arc Way Development Project Invoice #52734 $5,458.64
City Council Page 7 February 11, 2025
G. PROVOST & PRITCHARD CONSULTING GROUP
Engineering Services for Water Loss Audit Validation
(FY21/22 and FY 22/23)
Progress Payment – Invoice #116431 $6,897.00
H. LEAGUE OF CALIFORNIA CITIES MEMBERSHIP
2025 Membership Dues $7,997.00
2025 Division Dues $157.69
TOTAL: $8,154.69
I. LIEBERT CASSIDY WHITMORE
Professional Services
Invoice # 282887
Invoice # 284396
$150.00
$900.00
TOTAL $1,050.00
J. CTE CAL, INC.

Community Center Tennis Courts Project
Materials Testing & Inspection Services
Progress Payment - Invoice #35968 $768.00
K. ADAMS ASHBY GROUP, INC.

Senior Center Rehabilitation Project
Labor Compliance
Progress Payment – Invoice #6355 $3,000.00
L. ASPEN SURVEY COMPANY, INC.

State Mandated Survey Monument Evaluation
Progress Payment – Invoice #24-001-2 $3,000.00
M. BASECAMP ENVIRONMENTAL, INC.

South County Water Connection Project
Progress Payment – Invoice #52731 $1,252.70
N. CONSOLIDATED ENGINEERING, INC.

Community Center Tennis Courts Project
Progress Payment – Invoice #3 $145,755.16
O. STONE CREEK ENVIRONMENTAL CONSULTING
State Mandated Trash Implementation Plan
Progress Payment – Invoice #02532 $370.00
City Council Page 8 February 11, 2025

1.3. Resolutions
A. RESOLUTION NO. 25-7

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF RIPON

AUTHORIZING DESTRUCTION OF

CERTAIN FINANCIAL RECORDS,

DOCUMENTS, INSTRUMENTS,

BOOKS, AND PAPERS
This resolution authorizes the destruction
of certain financial records, documents,
instruments, books and papers, in
accordance with the California
Government Code.

1.4. Miscellaneous Items
A. QUARTERLY INVESTMENT REPORT REVIEW
October 1, 2024 - December 31, 2024 Accept the City’s quarterly investment report for the period ending December
31, 2024.

B. PROFESSIONAL SERVICES AGREEMENT
Pavletic Consulting LLC Approve and authorize the Mayor to sign the Professional Services
Agreement with Pavletic Consulting
LLC for the preparation of a Five-Year
Utility Rates Plan and Annual Rate
Reviews for the Water, Sewer, and
Garbage Utilities for the years 2026-
2030 in the not to exceed amount of
$36,000 (funding sources: Water,
Sewer, and Garbage Operating Funds).

C. PROFESSIONAL SERVICES AGREEMENT
SKW & Associates Approve and authorize the Mayor to
sign the Professional Services
Agreement with SKW & Associates to
provide architectural review services for
the Meadowood subdivision project.

Contract for services will be on a time
and materials basis for the architectural
review services with a not to exceed
amount of $5,000 (funding source:

Lennar Homes of California, LLC
reimbursement account).

City Council Page 9 February 11, 2025
D. PROFESSIONAL SERVICES AGREEMENT
Provost & Pritchard Approve and authorize the Mayor to
sign the Professional Services
Agreement with Provost & Pritchard
Consulting Group to complete the
annual Water Loss Audit Validation for
fiscal year 2023/2024 in the not to
exceed amount of $2,750 (funding
source: Water Operating Fund).

E. COMMUNITY CENTER TENNIS COURTS
Consolidated Engineering, Inc.

Change Order No. 1
Approve Change Order No. 1 for
various contract changes in the not to
exceed amount of $48,283.92 (funding
source: Parks and Recreation Capital
Fund).

ITEMS PULLED FROM CONSENT

1.2A : LAW OFFICE OF THOMAS H. TERPSTRA
General Matters
Police Matters
South San Joaquin Irrigation District
Connection Project
$3,542.00
$737.50
$812.50

TOTAL $5,092.00
City Clerk Roos said she has an updated invoice for the General Matters from the Law Office of Thomas H. Terpstra. She said the amount that was on the agenda for the $3,542 was erroneous and it should be $4,574.50 for a total amount for all of his invoices of $6,124.50.

Motion to approve Item 1.2A Law Office of Thomas H. Terpstra invoice.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Gary Barton, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
**END OF CONSENT CALENDAR**
City Council Page 10 February 11, 2025

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 ROAD
RESOLUTION NO. 25-8

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 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:

Staff recommends that the City Council
adopt a Resolution of Necessity to
authorize the acquisition by eminent
domain of a fee interest in a portion of
21800 S. North Ripon Road, Ripon, CA
(APN 245-180-23) for the River
Road/North Ripon Road Signalization
Project.

City Administrator Werner said that the intersection of River Road and North Ripon Road is currently controlled by a four-way stop sign, with a roundabout and landscaping feature in the middle. He said the plan is to move forward with a signalization project, called the River Road/North Ripon Road Signalization Improvement Project, which will be similar to the project completed at Fulton and River Road a few years ago.

Werner said this project offers several benefits, including optimizing the intersection’s operations to reduce travel delays, enhancing safety, and improving air quality by coordinating traffic signals along River Road. He said the City of Ripon has already acquired property on three of the four corners of the intersection, with the most recent purchase on the northeast corner completed on February 14, 2023. He said the City has not yet acquired the needed 21,258 square feet on the southeast corner, which also affects a single-family home.

Werner said under California law, the City cannot proceed with acquiring the southeast property through eminent domain unless the Council adopts a resolution of necessity by a two-thirds majority vote after holding a public hearing. He said the hearing allows the property owner to address the City Council on the necessity of acquiring the land for the project.

Werner said in order to adopt a resolution of necessity, the City Council must determine that the proposed project is required in the public's interest, that the property involved is essential to the project, and that the project is designed to maximize public benefit while minimizing private harm. Additionally, the City must have made a formal offer to the property owner according to Government Code section 7267.2.

City Council Page 11 February 11, 2025
Werner said the project involves a traffic signal at the intersection of River Road and North Ripon Road, which staff has identified as necessary for improved safety and operational benefits. This intersection is a key connection in the regional transportation network, making the proposed traffic signal a vital improvement for the public’s interest.

Werner said the acquisition of the subject property is necessary for the project, as the design cannot proceed without it. He said various design options were evaluated, and the proposed signalization project was chosen for offering the greatest public benefit with minimal private detriment, as it requires the least amount of private property.

Werner said the City made a formal offer for the property on January 9, 2024, in compliance with Government Code section 7267.2. He said despite efforts to negotiate with the property owner, no agreement has been reached. He said notices regarding the City’s intent to adopt a Resolution of Necessity were sent to the property owner in December 2024 and January 2025, notifying them of the planned action for February 11, 2025.

PUBLIC HEARING CONTINUED
Dustin Dyer, representing property owner Dave Hagerty, stated that the address in question is 21800 East River Road. He said he agrees with Werner that the project is a good one, and neither he nor his client disagrees with the need for improvements. He said the main issue lies with how the City is proceeding. He said Mr. Hagerty has experienced significant safety concerns at the intersection, including accidents on his property, insurance claims, and vehicles colliding with his home.

Dyer said the fourth point highlighted by Werner mentioned an offer made to the property owner, but the offer, which involves taking Mr. Hagerty's house, was based on a deficient appraisal of $187,000. He said this amount covers a 1,200-square-foot house along with acreage but does not account for accessibility to other buildings on the property, necessary remediation to the septic tank or well, or relocation compensation. Dyer said that they have always been open to reasonable negotiations with a fair appraisal, but the City's current offer of $187,000 is not reasonable and far below the value of the property. He said he believes there is a second appraisal the City has not shared with his client.

Dyer said if the resolution is approved, it will lead to eminent domain litigation, which will cost both sides more than necessary. He said his client is in the process of obtaining his own appraisal, which takes time and resources, and suggested that the City should present a reasonable offer so both sides can negotiate rather than proceed to litigation. He believes the resolution is premature and that the City has not acted in good faith by making a low offer and checking a box to move forward.

Dyer raised concerns about half of the road currently sitting on Mr. Hagerty's property, which was not considered in the City's appraisal. He also noted that there may be legal issues regarding the annexation of the road into City property, as part of the easement is on County land. He said these unresolved issues demonstrate that a full discussion has not yet taken place, and he urged the City to address all concerns before moving forward.

City Council Page 12 February 11, 2025

PUBLIC HEARING CLOSED
Council Member Zuber asked for confirmation that adopting the resolution does not change or stop negotiations. Joe Fagundes said it does not, any negotiations can continue to take place, even with the adoption of this resolution.

Council Member Uecker asked if there is a second appraisal. City Attorney Terpstra Jr. said the City has only done one appraisal. Uecker asked if the appraisal includes the house.

Terpstra said yes.

Motion to approve Resolution 25-8 adopting a Resolution of Necessity to authorize the acquisition by eminent domain of a fee interest in a portion of 21800 S. North Ripon Road, Ripon CA (APN 245-180-23) for the River Road/North Ripon Road Signalization Project.

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

3. DISCUSSION ITEMS
A. JACK TONE GOLF COURSE CAPITAL IMPROVEMENT REIMBURSEMENT Discussion/Action Approve the Sierra Golf Management
reimbursement request for Jack Tone Golf
Course capital improvements in the not to
exceed amount of $135,302.57 (funding
source: Jack Tone Golf Capital Fund).

City Administrator Werner said Sierra Golf Management (SGM) took over the operations of Jack Tone Golf on January 1, 2025. He said SGM provided a list of capital improvement projects they are working on, and the Golf Course Committee recently toured the facilities with the golf course manager and the improvements so far look impressive.

Werner said there are four main projects underway. He said SGM paved the practice area to complete it before winter and the rain, covering all the dirt and rocks, so it is now fully paved. He said they also plan to improve the irrigation system, as the current controllers are not functioning properly.

Werner said SGM plans to upgrade to modern technology that allows both local and remote control of the irrigation system. He said in addition, 100 new irrigation heads will be purchased to replace faulty ones. He said SGM plans to install a vinyl privacy fence around the maintenance area to improve the view from the course and this will hide the area where golf carts are stored and maintained.

City Council Page 13 February 11, 2025
Werner said other ongoing improvements include aggressive work on controlling gophers, improving the grass, even though it is not yet growing season, and working on the water features and sand traps. He said SGM also bought 50 brand new golf carts and renovated the inside of the clubhouse, replacing the carpet with vinyl flooring and updating the desk area.

Werner said the lease for the golf course includes a capital improvement fund, where long-term improvements are split between the City and the lessee. The total cost for these improvements is $270,605, with the City responsible for half.

Mayor de Graaf said he went along on the tour and SGM has done an impressive job, so far.

Motion to approve the Sierra Golf Management reimbursement request for Jack Tone Golf Course capital improvements.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Gary Barton, Vice Mayor
SECONDER: Michael Restuccia, Council Member
AYES: de Graaf, Barton, Uecker, Restuccia, Zuber
B. RIPON CONSOLIDATED FIRE DISTRICT UPDATE
Discussion/No Action At the January City Council meeting, Council Member Restuccia requested an
update from the Ripon Consolidated Fire
District regarding District capabilities of
responding to large-scale fire emergencies.

Fire Chief DeHart said the Ripon Consolidated Fire Department is responsible for a large area covering 56 square miles, bounded by the river to the south and stretching far to the east, west and north. He said the Department operates three fire stations, but only Station 1 is staffed, with all personnel assigned there.

DeHart said the Department has two additional stations: Station 2, traditionally a volunteer station, and Station 3, located at the intersection of River Road and North Ripon Road. He said Station 2 is under contract with AMR, which plans to use it as a dispatch center. DeHart said the Department faces challenges staffing Station 3 and is working to raise funds for that purpose.

DeHart said in 2024, the Department responded to nearly 2,400 calls. He said around 22% of calls were concurrent, meaning they occurred while the Department was already responding to another call, leading to reliance on mutual aid from nearby departments like Manteca or Escalon.

City Council Page 14 February 11, 2025
DeHart discussed large-scale emergencies, outlining the typical response to a structure fire in their area. He said while a house fire may not be considered a large-scale emergency in many communities, it remains a critical operation for the Department.

DeHart said that before entering a house fire, OSHA regulations require a "two in-two out" team which is two personnel waiting outside while two are inside to ensure rescue capabilities, if needed. He said exceptions to this rule can only be made for known rescues, such as when someone is confirmed to be inside the structure.

DeHart said responding to a house fire ideally requires a minimum of 15 personnel. He said the Department has automatic aid agreements with neighboring cities, such as Manteca and Escalon, to ensure they can meet these staffing requirements.

DeHart introduced a video from the Palisades fire to highlight the challenges firefighters face, particularly focusing on how uncontrollable elements like wind impact fire response.

DeHart emphasized that, in those conditions, even the most well-equipped departments are challenged. He said the key problem is embers being carried by the wind over firefighters’ heads, igniting areas far behind the initial front. He said there are times crews work for up to 48 hours without rest, continually battling until reinforcements arrive.

Public Works Director Pease said that he had met with DeHart and City Administrator Werner to review Ripon’s water system and run scenarios to model potential issues, using assumptions such as the average mainline size and daily water usage. He said they analyzed how the hydrants would affect the water pressure and the system, especially during peak summer usage.

Pease said in an emergency situation, their SCADA system would alert them to any pressure fluctuations and Public Works staff would work closely with the Fire Department to monitor tank levels and optimize hydrant usage where possible. He said the City has a non-potable water system capable of providing an additional 3,000 gallons per minute and storing up to half a million gallons, which could be utilized in such situations.

DeHart said another concern with a large-scale fire is the potential for uncontrolled water loss from domestic systems as seen in the Palisades. He said that with thousands of homes losing pressure due to damaged systems, this would contribute to a significant overall pressure loss, which remains a concern.

DeHart said the takeaway is that early fire detection and prevention, like smoke alarms, fire sprinklers, and proper yard maintenance, are critical to stopping fires before they become unmanageable.

City Council Page 15 February 11, 2025
Council Member Restuccia said he asked DeHart to come to the meeting because he has been receiving several questions from the community and thanked him for coming.

Vice Mayor Barton said the one area of the City he thinks might be vulnerable is the riparian area and the combination of a drought and wind. DeHart said that area is vulnerable because it butts up against an urban interface/wildland area. He said the good news is that the winds typically blow north to south so the winds go away from the neighborhood in the summer but in the winter, the winds go the opposite way. He said that community does a good job of mowing the grass and keeping an easement. He said anything along the river bottom is very difficult to fight.

REPORTS
Department Heads:

Chief Sauer said there is an Area of Responsibility (AOR) meeting for Area 1 at 7:00 PM in the Emergency Operations Center February 12, 2025. Sauer said staff is prepping for the Almond Blossom Festival next weekend.

Planning Director Zuidervaart said the February Planning Commission meeting will be on February 18, 2025 due to the President’s Day holiday. Zuidervaart said they will be discussing two projects.

Public Works Director Pease said December water usage was down 12% from 2013 numbers and up 4% from last year’s number. Pease said January water usage was up 9% from 2013 numbers and up 20% from last year’s numbers. He said staff made 180 contacts with 4 resulting in penalties.

City Council:

Mayor de Graaf said he wanted to thank everyone for attending and wanted to remind the community that the Almond Blossom Festival starts February 20, 2025.

There being no further business, the meeting was adjourned at 7:25 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
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.
1 Packet Pg. 16
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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 1 Packet Pg. 17
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 18
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 19
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 20
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 21
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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. 1 Packet Pg. 22
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) City Council Page 8 January 14, 2025
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

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. 1 Packet Pg. 23
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) City Council Page 9 January 14, 2025
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.

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.
1 Packet Pg. 24
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 25
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 26
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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. 1 Packet Pg. 27
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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.
1 Packet Pg. 28
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) 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
1 Packet Pg. 29
Minutes Acceptance: Minutes of Jan 14, 2025 6:00 PM (Approval of Minutes) Ripon City Council
Special Meeting Minutes
WEDNESDAY, JANUARY 22, 2025

SPECIAL MEETING
4:00 PM
The Special Meeting was called to order by Mayor Daniel de Graaf at 4:00 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 Attorney Tom Terpstra Jr., City Clerk Lisa Roos, Information Systems Technician Alex Arias.

PUBLIC DISCUSSION:

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

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

Return to open session.

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

2. ADJOURNMENT
There being no further business, the meeting was adjourned at 4:09 PM. (Signed) Daniel de Graaf
Mayor
ATTEST:
(Signed) Lisa Roos
City Clerk
2 Packet Pg. 30
Minutes Acceptance: Minutes of Jan 22, 2025 4:00 PM (Approval of Minutes)

1.1.A.a
Packet Pg. 31
Attachment: 2024 11 advance (4537 : State of California) State Controller's Office
Remittance AdviceHighway Users Tax CitiesClaim Schedule: 2400207 and 2400207AIssue Date: January 3, 2025Fiscal Year: 2024-2025Collection Period: November 24, 2024 - December 23, 2024Description: Streets and Highways Code sections 2103, 2105, 2106, 2107 and 2107.5.For assistance, please contact Lucas Rasmussen at 916-323-1374 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 $14,137.65 $9,097.79 $5,962.01 $12,649.80 $0.00 $0.00 $41,847.25 $0.00 $41,847.25 $251,892.59

1.1.A.b
Packet Pg. 32
Attachment: fy2425_12hwycityra (4537 : State of California) State Controller's Office
Remittance Advice
Road Maintenance and Rehabilitation Account (RMRA) - Cities Claim Schedule: 2400223 and 2400223A
Issue Date: January 22, 2025
Fiscal Year: 2024-2025
Collection Period: December 01, 2024 - December 31, 2024 Description: Streets & Highways Code section 2032(h)(2), Road Maintenance and Rehabilitation Account allocation to cities.

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

City Population Payment Amount Year To Date
Ripon City Treasurer 15,988 $37,817.15 $183,560.67
1 of 1

1.1.A.c
Packet Pg. 33
Attachment: rmra_cities_remit_2425_jan25 (4537 : State of California) State Controller's Office blank text blank text blank text Remittance Advice blank text blank text blank text
Allocation of Vehicle License Fees Collection in Excess - Cities blank text blank text Claim Schedule: 2300551 and 2300551A blank text blank text blank text Issue Date: January 23, 2025 blank text blank text blank text Fiscal Year: 2023-2024 blank text blank text blank text Collection Period: July 16, 2023 - July 15, 2024 blank text blank text blank text Description: Revenue and Taxation Code section 11001.5(b). To be deposited in the county/city general fund.

Total amount to be allocated to counties and cities: $104,670,587.50 blank text blank text More information at http://www.sco.ca.gov/ard_local_apportionments.html blank text For assistance, please contact Mike Silvera at 916-323-0704 or at [email protected]. blank text blank text blank text blank text blank text
City Population Payment Amount Year To Date
Ripon City Treasurer 15,988 $25,208.34 $25,208.34
1 of 1

1.1.B.a
Packet Pg. 34
Attachment: vlcollexcessscitieseftremit_2324_jan25 (4538 : State of California-Vehicle License Fee Collection in Excess)

1.1.C.a
Packet Pg. 35
Attachment: Waste Management (4540 : Waste Management)
202412 Total
CR Cash Receipts 1 Commercial $ 28,722.24 $ 28,722.24
CR Cash Receipts 2 Roll Off $ 55,864.69 $ 55,864.69
CR Cash Receipts 3 Residential $ - $ -
CR Cash Receipts 4 $ -
CR Cash Receipts 5 $ -
CR Cash Receipts TTL Total Cash Receipts $ 84,586.93 $ 84,586.93 FFA Franchise Fee Payable 1 Franchise Fees Due $ 6,766.95 $ 6,766.95 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 $ 6,766.95 $ 6,766.95 FFR Franchise Fee Rate 1 Franchise Fee Rate 8%
Amount: $ 6,766.95
259 N Wilma Ave
Stockton Scavengers
(a USA Waste of California, Inc. company)
1240 Navy Dr, Stockton, CA 95296
City of Ripon
Administrative Coding
WM VndrNo: 386801
Ripon, CA 95366
Monthly Franchise Fee Payment
For the Month Ended December 2024
Section Description Line Description

1.1.C.a
Packet Pg. 36
Attachment: Waste Management (4540 : Waste Management)

1.1.D.a
Packet Pg. 37
Attachment: CCATT (4541 : CCATT Holdings)

1.1.E.a
Packet Pg. 38
Attachment: Vertical Bridge (4515 : Vertical Bridge)

1.1.F.a
Packet Pg. 39
Attachment: MID (4567 : Modesto Irrigation District)

1.1.F.a
Packet Pg. 40
Attachment: MID (4567 : Modesto Irrigation District)

1.2.B.a
Packet Pg. 41
Attachment: THTJR invoice6 (4571 : Law Office of Thomas H. Terpstra Jr.)

1.2.B.b
Packet Pg. 42
Attachment: THTJR invoice7 (4571 : Law Office of Thomas H. Terpstra Jr.)

1.2.B.c
Packet Pg. 43
Attachment: THTJR invoice10 (4571 : Law Office of Thomas H. Terpstra Jr.) L. Roos
1/31/2025

1.2.C.a
Packet Pg. 44
Attachment: Price Paige (4542 : Price Paige & Company)

INVOICE
P.O. Box 747 DATE: December 31, 2024
Ripon, CA 95366 INVOICE # RIPON 2024Q4
Due: Upon receipt
Bill To:

City of Ripon
259 N Wilma Ave
Ripon, CA 95366
AMOUNT
$ 5,473.13
TOTAL $ 5,473.13
Make all checks payable to SSJGSA
or SOUTH SAN JOAQUIN GROUNDWATER SUSTAINABILITY AGENCY

DESCRIPTION
SSJGSA expenses 10/01/2024 - 12/31/2024
City of Ripon Portion = 10% of $54,731.33

1.2.D.a
Packet Pg. 45
Attachment: 2024 Q4 Ripon (4544 : South San Joaquin Groundwater Sustainability Agency) General Ledger
Summary Trial Balance
User: [email protected]
Printed: 01/10/2025 - 11:09AM
Period: 10 to 12, 2024
Fund 60 SSJGSA

EXPENSE
Dept 010
60-010-6301-00 General Materials 0.00
60-010-6304-00 Postage 0.00
60-010-6401-00 Outside Services 1,800.00
60-010-6406-00 Legal Expense 24,630.00
60-010-6408-00 Consulting Fees 0.00
60-010-6412-00 Publication Costs 0.00
60-010-6413-00 Recording Fees 0.00
60-010-6414-00 Banking Fees 825.93
60-010-6550-00 Taxes, Licenses & Permits 0.00
60-010-6702-00 Membership Fees & Dues 0.00
60-010-6703-00 Travel Expenses 0.00
60-010-6704-00 Public Relations 0.00
60-010-6820-00 SSJID Expense Reimbursements 27,475.40
60-010 EXPENSE Totals: 54,731.33
GL-Summary Trial Balance (01/10/2025 - 11:09 AM)
SSJID 46,521.63 85%
CITY OF RIPON 5,473.13 10%
CITY OF ESCALON 2,736.57 5%
TOTAL 54,731.33

1.2.D.a
Packet Pg. 46
Attachment: 2024 Q4 Ripon (4544 : South San Joaquin Groundwater Sustainability Agency)

SAN JOAQUIN REGIONAL

TRANSIT DISTRICT
421 E Weber Avenue Invoice Date: 2/04/24
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
1/31/2024 JANUARY 2025 38.83 65.50 2,543.37
TAX 0.00
Total Due 2,543.37
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - - - - Invoice Number: AR115245
Please make checks payable to: Customer Number: C01524
Terms:

SAN JOAQUIN RTD Total Amount Due
Due upon receipt
$ 2,543.37
421 E Weber Avenue
Stockton, CA 95202
Total Payment $ ____________________

INVOICE
Invoice Number: AR115245
Customer Number: C01524
Description

PLEASE RETURN THIS PORTION WITH YOUR PAYMENT

1.2.E.a
Packet Pg. 47
Attachment: Invoice AR115245_SJRTD (4545 : SJRTD)
BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366
INVOICE # 52734
DATE 12/31/2024
DUE DATE 01/30/2025
TERMS Net 30

PROJECT
Arc Way Station CEQA

PERIOD DESCRIPTION QTY RATE AMOUNT
Principal 4.25 225.00 956.25
Environmental
Planning

15.50 145.00 2,247.50
WP and
Graphics
2 125.00 250.00
Mileage 38 0.655 24.89
01/03/2025 Traffic Report
Update,
$1,800.00 +
10% markup
1 1,980.00 1,980.00
Services through the invoice date. Thank you. We
appreciate your business.

BALANCE DUE $5,458.64
K. Zuidervaart
2/4/2025

1.2.F.a
Packet Pg. 48
Attachment: Invoice 52734_BaseCamp Environmental, Inc. (4547 : BaseCamp Environmental, Inc.)

PROVOST & PRITCHARD

CONSUL TING GROUP
455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
January 16, 2025 Elizabeth Quilici
City of Ripon
259 W Wilma Ave
Ripon, CA 95366
Project: No: 02671-19-002
Project Name:

Client Project #:
2016-17 Water Loss Audit Validation
Invoice No: 116431
Phase AUD: Charges on this phase include time to update audit with the most recent data provided by the City Phase WAV: No charges in this period.

Profe ional Servic from December 01 2024 to December 31 2024 Phase: AUD
Fee
Total Fee
Percent Complete
Phase: WAV
Fee
Total Fee
Percent Complete
Water Loss Audits
23,800.00
100.00
Previous Fee Billing
Current Fee Billing
Total Fee
Water Audit Validation
20,900.00
100.00
Previous Fee Billing
Current Fee Billing
Total Fee
*** Please make checks payable to Provost & Pritchard Consulting Group *** For billing inquiries, please email [email protected].
23,800.00

0.00 Total this Phase:
14,003.00
6,897.00
Total this Phase:

0.00 0.00
6,897.00
$6,897.00
Total this Invoice =====:::::::::!::::::::::::::::::::::::::::= $6,897.00 J. Pease
1/30/2025

1.2.G.a
Packet Pg. 49
Attachment: Provost & Pritchard_116431 (4555 : Provost & Pritchard Consulting Group)

1.2.H.a
Packet Pg. 50
Attachment: League of CA Cities Annual Invoice (4557 : League of California Cities membership)

1.2.H.a
Packet Pg. 51
Attachment: League of CA Cities Annual Invoice (4557 : League of California Cities membership)

1.2.H.a
Packet Pg. 52
Attachment: League of CA Cities Annual Invoice (4557 : League of California Cities membership)

1.2.H.a
Packet Pg. 53
Attachment: League of CA Cities Annual Invoice (4557 : League of California Cities membership)

1.2.H.a
Packet Pg. 54
Attachment: League of CA Cities Annual Invoice (4557 : League of California Cities membership)

1.2.H.b
Packet Pg. 55
Attachment: League of CA Cities_division dues (4557 : League of California Cities membership)

A PROFESSIONAL LAW CORPORATION
6033 W. Century Boulevard
5 th Floor Attorney – Client Privilege
Los Angeles, CA 90045
310-981-2000
Fed. Tax I.D. #95-3658973
City of Ripon
Kevin Werner, City Administrator
[email protected]
cc: Lisa Roos
Invoice 282887
November 30, 2024
Client/Matter No.: RI234-00001
Re: General
Billing Summary
Total Fees $150.00
Total Costs $0.00
Total Charges $150.00
L. Roos
1/31/2025

1.2.I.a
Packet Pg. 56
Attachment: LCW - 282887 (4558 : Liebert Cassidy Whitmore Bill)

A PROFESSIONAL LAW CORPORATION
6033 W. Century Boulevard
5 th Floor Attorney – Client Privilege
Los Angeles, CA 90045
310-981-2000
Fed. Tax I.D. #95-3658973
City of Ripon
Kevin Werner, City Administrator
[email protected]
cc: Lisa Roos
Invoice 284396
December 31, 2024
Client/Matter No.: RI234-00001
Re: General
Billing Summary
Total Fees $900.00
Total Costs $0.00
Total Charges $900.00
Total Balance Due: $900.00
L. Roos
1/31/2025

1.2.I.b
Packet Pg. 57
Attachment: LCW - 284396 (4558 : Liebert Cassidy Whitmore Bill) 25-1659T
12/31/2024
City of Ripon
Christiana Giedd, PE
259 N. Wilma Ave
Ripon, CA 95366
PW City of Ripon - On Call Materials Testing Contract

35968
259 N. Wilma Ave
Ripon CA 95366
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];[email protected]
(209) 599-2613

DATE DESCRIPTION HOURS/QUANTITY EACH TOTAL
12/6/2024 Soils Technician 4.00 $112.00 $448.00
Trip Charge 1.00 $75.00 $75.00
ASTM D1557 Max Density Method C 1.00 $245.00 $245.00
INVOICE TOTAL: $768.00

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. 35968 and Project No. 25-1659T A SERVICE CHARGE OF 3 PERCENT WILL BE ASSESSED FOR CREDIT CARD PAYMENTS Project: Community Center Tennis Courts
A/P 900-8100-90000

1.2.J.a
Packet Pg. 58
Attachment: Invoice 35968 CTE Cal, Inc (4559 : CTE Cal, Inc.) Invoice
Invoice Date: 1/15/2025
Invoice #: 6355
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
December 2024
Due Date: 2/14/2025
Acct No.

Project:

Senior Center Rehabilitation Project
Total
Balance Due
Payments/Credits
Thank you!
Description Hours/Qty Rate Amount
Labor Compliance for CDBG Senior Center 3,000.00 3,000.00 $3,000.00
$3,000.00
$0.00

1.2.K.a
Packet Pg. 59
Attachment: Invoice 6355_Adams Ashby Group, Inc (4560 : Adams Ashby Group, Inc.)

I T E M I Z E D I N V O I C E
NAME : CITY OF RIPON BILLING DATE : 01/16/2025
ADDRESS : 259 NORTH WILMA AVENUE INVOICE NO. : 24-001-2 CITY : RIPON, CA 95366 JOB NO. : 24-001
JOB NAME/LOCATION: SURVEY MONUMENT EVALUATION FOR NEEDED IN ORDER TO COMPLY

WITH STATE MANDATED REQUIREMENTS
***************************************************************************************************************************

DESCRIPTION OF SERVICE AMOUNT
*************************************************************************************************************************** $ 100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
ENCROACHMENT PERMIT NO. 392
ENCROACHMENT PERMIT NO. 393
ENCROACHMENT PERMIT NO. 396
ENCROACHMENT PERMIT NO. 397
ENCROACHMENT PERMIT NO. 403
320 N. STOCKTON
ENCROACHMENT PERMIT NO. 409
ENCROACHMENT PERMIT NO. 410
ENCROACHMENT PERMIT NO. 411
ENCROACHMENT PERMIT NO. 412
ENCROACHMENT PERMIT NO. 415
ENCROACHMENT PERMIT NO. 416
ENCROACHMENT PERMIT NO. 418
428 W. FIRST STREET
ENCROACHMENT PERMIT NO. 419
ENCROACHMENT PERMIT NO. 421
114 N. ACACIA

SIDEWALK TRIP HAZARD
1698 CALHOUN AVENUE

SIDEWALK TRIP HAZARD
1069 NANCY

SIDEWALK TRIP HAZARD
323 OAK
1121 OAKDALE ROAD, SUITE 6
MODESTO, CA 95355
PHONE: (209) 526-9724 FAX: (209) 526-0472

1.2.L.a
Packet Pg. 60
Attachment: Invoice 24-001-2_Aspen Survey Company, Inc (4561 : Aspen Survey Company, Inc.) SIDEWALK TRIP HAZARD 100.00
406 PALM AVENUE
SIDEWALK TRIP HAZARD 100.00
519 SECOND STREET
SIDEWALK TRIP HAZARD 100.00
671 BOESCH DRIVE
SIDEWALK TRIP HAZARD 100.00

FALCONS LAIR
SIDEWALK TRIP HAZARD 100.00
1231 CALLAWAY CIRCLE
SIDEWALK TRIP HAZARD 100.00
1243 CALLAWAY CIRCLE
SIDEWALK TRIP HAZARD 100.00
1378 S. MOHLER ROAD
SIDEWALK TRIP HAZARD 100.00
1382 S. MOHLER ROAD
SIDEWALK TRIP HAZARD 100.00
1426 AGUSTA POINTE DRIVE
SIDEWALK TRIP HAZARD 100.00
1434 AGUSTA POINTE DRIVE
SIDEWALK TRIP HAZARD 100.00
1504 AGUSTA POINTE DRIVE
SIDEWALK TRIP HAZARD 100.00
1546 DOAK BOULEVARD
SIDEWALK TRIP HAZARD 100.00
1891 DOAK BOULEVARD
___________________________________________________________________________________ INVOICE TOTAL...................................................................................................................$ 3,000.00

THIS INVOICE IS DUE AND PAYABLE UPON RECEIPT
THANK YOU!

1.2.L.a
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Attachment: Invoice 24-001-2_Aspen Survey Company, Inc (4561 : Aspen Survey Company, Inc.) BaseCamp Environmental, Inc.
802 West Lodi Avenue
Lodi, CA 95240
209-224-8213
[email protected]

INVOICE

BILL TO
City of Ripon
259 N Wilma Ave.

Ripon, CA 95366

PROJECT
South County Water Project
INVOICE # 52731
DATE 12/31/2024
DUE DATE 01/30/2025
TERMS Net 30

PERIOD DESCRIPTION QTY RATE AMOUNT
12/23/2024 Publication of
NOI, $207.00
+ 10% markup
227.70
Principal 2.75 225.00 618.75
WP and
Graphics

3.25 125.00 406.25
Services through the invoice date. Thank you. We
appreciate your business.

Preparation and publication of Notice of Intent for
South County Water Project.

BALANCE DUE $1,252.70

1.2.M.a
Packet Pg. 62
Attachment: Invoice 52731_BaseCamp Environmental, Inc (4562 : BaseCamp Environmental, Inc.) CONTRACTOR: Consolidated Engineering, Inc.

PROJECT: Community Center Tennis Courts
PROJECT DESCRIPTION:

INVOICE NO: 3
DATE: 1/31/2025
ORIGINAL CONTRACT AMOUNT: $424,697.00 PREVIOUSLY BILLED AMOUNT: $185,222.44 LESS RETENTION: $9,261.12
APPROVED CONTRACT CHANGES: $0.00 PREVIOUSLY PAID AMOUNT: $175,961.32 CURRENT INVOICED AMOUNT: $153,426.48
LESS RETENTION: $7,671.32
TOTAL CONTRACT AMOUNT: $424,697.00 CURRENT AMOUNT DUE: $145,755.16 TOTAL BILLED TO DATE (INCL CURRENT INVOICE) $338,648.92 LESS RETENTION: $16,932.44
TOTAL PAID TO DATE: $321,716.48

INVOICE SUMMARY
Remaining Contract Amount: $86,048.08
Approx. % Complete: 80%

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 fencing and gate install, concrete work, tennis and pickleball net install, electrical and striping.

1.2.N.a
Packet Pg. 63
Attachment: Invoice 3_Consolidated Engineering, Inc (4563 : Consolidated Engineering, Inc.) Invoice Summary
Description Amount
Trash Implementation Plan $370.00
Description Total Budget Remaining
Budget ($)
Total Billed ($) Prior Billing ($) This Invoice
($)
Trash Implementation Plan $19,500.00 $3,939.51 $15,560.49 $15,190.49 $370.00 BUDGET TOTALS $19,500.00 $3,939.51 $15,560.49 $15,190.49 $370.00 TOTAL AMOUNT DUE $370.00
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 2/3/25
Due Date: 3/5/25
Total Amount: $370.00
Number: 02532
Invoice Period: 01/01/25 - 01/31/25
Terms: Net 30
Project Code: 045
WalletLink Pay Invoice
J. Pease
2/3/2025

1.2.O.a
Packet Pg. 64
Attachment: 2025.01.03 Invoice (4566 : Stone Creek Environmental Consulting) Invoice Details
Source Date Code Task Description Hrs /
Qnt
Rate Amoun
t
Professional Fees
Colleen
Hunt
1/6/25 Technical
Professional
Services II
Trash
Implementation Plan
Review plan and Appendix B. Client
communication.

2.00 $185.0
0 $370.00
Technical Professional Services II 2.00 $370.00
Professional Fees 2.00 $370.00
TOTAL FEES/EXPENSES -- $370.00
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
United States
707-318-9415
www.consultingstonecreek.com
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

INVOICE
Invoice Date: 2/3/25
Due Date: 3/5/25
Total Amount: $370.00
Number: 02532
Invoice Period: 01/01/25 - 01/31/25
Terms: Net 30
Project Code: 045
WalletLink

1.2.O.a
Packet Pg. 65
Attachment: 2025.01.03 Invoice (4566 : Stone Creek Environmental Consulting) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Jane Kilgore, Deputy City Clerk
Date: 02/11/2025
Subject: Destruction of Files - Administrative
RECOMMENDED ACTION: This resolution authorizes the destruction of certain financial records, documents, instruments, books and papers, in accordance with the California Government Code.

Attachments:

1. Exhibit A - Records for Destruction

1.3.A
Packet Pg. 66
RESOLUTION NO. 25-7

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

RIPON AUTHORIZING DESTRUCTION OF CERTAIN

FINANCIAL RECORDS, DOCUMENTS, INSTRUMENTS,

BOOKS, AND PAPERS
WHEREAS, Section 34090 of the Government Code of the State of California provides that with the approval of the legislative body by resolution, and with the written consent of the City Attorney, the head of a city department may destroy any city record, document, instrument, book, or paper under his/her charge, without making a copy thereof, after the same is no longer required; and
WHEREAS, the City of Ripon desires that no record shall be destroyed or otherwise disposed of by any department of the City unless it is deemed that the record has no further administrative, legal, or fiscal value, and that the City Clerk has deemed that the record is inappropriate for preservation in the City archives; and WHEREAS, the City of Ripon is desirous of destroying certain records that have outlived their usefulness to the City from a legal, fiscal, operational, and administrative standpoint; and WHEREAS, these certain records hold no historical value to the City of Ripon; and WHEREAS, these certain records have been identified for destruction pursuant to the City of Ripon Records Retention Schedule adopted on June 1, 2004; and WHEREAS, the City Attorney has approved in writing and has consented to the destruction of certain records, as shown on Exhibit A attached hereto and made a part hereof.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ripon authorizes the destruction of certain records selected by the Deputy City Clerk, with written consent of each department head, and with the written consent of the City Attorney, certifying that these records have outlived their usefulness to the City from a legal, fiscal, operational, administrative, or historical standpoint within the guidelines of the California Government Code, Section 34090, for Destruction of Records.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of February, 2025, by the following vote:

1.3.A
Packet Pg. 67
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. 68
FY 2013/2014

ACCOUNTING FILES
Projected Destruction Date: 1/25
Destruction Date:

Requested By: Anthony Baciocco
Box 1
Cash Receipts 7/13 to 12/13
Box 2
Cash Receipts 1/14 to 6/14
Box 3
General Ledger Journals
General Ledger Year End Reports
Journal Entries
Treasurer's Reports
Box 4
Accounts Payable Reports
Accounts Receivable Reports
Business License Reports
County/Misc./State Income
Returned Checks
1098's & 1099's (2014)
Box 5
Bank Statements
Booking Fees
Daily Bus Logs
Parking Citations
Box 6
Utility Billing Reports
Scanned Files
Data Ticket Reports
Fidelity
Monthly Financials
Retirement Account Information
*Above list also includes any like files prior to FY 2013/2014 that have not previously been destroyed.

Exhibit A

1.3.A.a
Packet Pg. 69
Attachment: Exhibit A - Records for Destruction (25-7 : Destruction of Files - Administrative) 1/25
Anthony Baciocco
FY 2016/2017

ACCOUNTING FILES
Projected Destruction Date:

Destruction Date:

Requested By:

Box 9
Accounts Payable A - D
Box 10
Accounts Payable E - L .

Box 11
Accounts Payable M - PG&E
Box 12
Accounts Payable PG&E - S
Box 13
Accounts Payable T - Z
Exhibit A

1.3.A.a
Packet Pg. 70
Attachment: Exhibit A - Records for Destruction (25-7 : Destruction of Files - Administrative)

PERSONNEL FILES
Projected Destruction Date: 1/25
Destruction Date:

Requested By: Geri VanGorkum
Box 1
Termination dates from 02/06/2019-12/16/2019
Exhibit A

1.3.A.a
Packet Pg. 71
Attachment: Exhibit A - Records for Destruction (25-7 : Destruction of Files - Administrative) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 02/11/2025
Subject: Quarterly Investment Report Review
RECOMMENDED ACTION:

Accept the City’s quarterly investment report for the period ending December 31, 2024.

BACKGROUND:

The following report is the City’s quarterly investment report for the period ending December 31, 2024. This report summarizes:
 City’s investment policy that was adopted by the Council in 1996 and amended in 2003 and in 2023
 Average interest rate for the last 12 months for all City investments  List of individual investments with balances and interest rates as of the end of the period.

The interest rates that are shown in the report are for the most recent 12-month period.

The City maintains money in both shorter-term daily liquidity investments, such as LAIF, and longer-term investments held at the Bank of New York. The shorter-term investments allow the City to earn interest, which is normally lower than the interest from longer-term investments, while the funds remain liquid and can quickly be transferred from time to time to cover operational costs of the City throughout the year.

In May 2023, the City added California Asset Management Program (CAMP) as a short-term investment option. Within CAMP, the City can invest in liquid funds or in term funds. Term funds have a set maturity date and interest rate, which allows the City to take advantage of higher rates on funds that are not needed as liquid funds. However, interest is not received until maturity on these Term funds.

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

Below is a table showing the investments listed above and the interest that was earned, although may not be realized, in this quarter:

Investment Balance at
12/31/2024
Interest earned this
quarter
Estimated annual
rate of return
LAIF $391,405 $4,552 4.65%
CAMP Liquid
Funds $3,661,972 $43,303 4.73%
CAMP Term
Funds
Matures 3/2025 $15,000,000 $192,000 5.12%
CAMP Term
Funds
Matures 6/2025 $12,000,000 $157,800 5.26%
CAMP Term
Funds
Matures 8/2025 $10,000,000 $111,500 4.46%
Bank of New
York (FMV) $22,936,139 $123,319 2.15%
TOTAL $63,989,516 $632,474 * 3.95%
*Interest earned this quarter does not match interest received because some investments are CAMP Term Funds and interest is not received until maturity.

Interest generated from the various investments is allocated quarterly as revenue to the various City funds, based on each funds’ balance at that time.

Section 115 Trust
In October 2022, $1,135,396.65 was initially deposited into the City’s Section 115 Trust with PARS. In addition, the annual savings from the refinancing of the 2020 Redevelopment bond has been directed by the City Council to be deposited into the Section 115 Trust, as described below:

FY 21/22 Refinancing Savings: $157,569
FY 22/23 Refinancing Savings: $161,681
FY 23/24 Refinancing Savings: $161,805
FY 24/25 Refinancing Savings: $162,117
FY 25/26 Refinancing Savings: $136,064

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Below is a table showing the return on investment of these funds:

Investment Balance at
12/31/2024
Interest earned this
quarter
Estimated annual rate
of return
Section 115 Trust $1,741,556 $88,565.42 9.62%
The fund balance of the 115 Trust can be used to pay CalPERS normal cost and/or pay down the unfunded liability, which was $7,112,876 as of the June 30, 2023 CalPERS Valuation Report.

On September 13, 2022, the City Council approved Resolution 22-39 adopting investment guidelines for this 115 Trust. In addition to the investment guidelines, this resolution states that these funds can be used to pay CalPERS expenses when there is a deficit in the City’s General Fund with City Council concurrence, or as directed by the City Council.

Attachments:

1. Investment report for Council 12.2024

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1 $391,405
2 $40,661,972
Liquid Funds Interest rate 4.73% at 12/31/24 $ 3,661,972 TERM Funds $15,000,000
TERM Funds $12,000,000
TERM Funds $10,000,000
3 $22,936,139
Ratings
Investments: Agency 17.58% AA+
US Corporate 26.68% A+
US Treasury 35.94% AA+
Money Market Fund 1.21% AAA
ABS 3.21% AAA
Supranational 4.42% AAA
Muni Bonds AAAgency CMBS 10.96% AA+
4 $ 140,287
5 $ 908
$ 195
6 $ 1
Total Investments within Ripon's Investment Policy updated in June 2023 $64,130,906 Interest rate 0.00% at 12/31/24
U S Bank
Redevelopment agency 2020 tax allocation bonds
U S Treasury - (fair value basis 1.0)
Interest rate 4.34% at 12/31/24
U S Bank
Water revenue bonds - 2006
Water revenue bonds - 2012
U S Treasury - (fair value basis 1.0)
CSJVRMA Pool - fair value
Bank of New York (book value - $22,827,987)
Interest rate 1.75% at 12/31/24
U S Treasury - (fair value basis 1.0)
Interest rate 4.36% at 12/31/24
Bank of Stockton
CAMP
Interest rate of 5.12% to mature 3/2025
Interest rate of 5.26% to mature 6/2025
Interest rate of 4.46% to mature 8/2025
As of December 31, 2024, the City’s average interest rate for the last 12 months is 1.15%.* At the end of December 2024, City funds are held in the following investments as listed:

Investments within Ripon's Investment Policy
State Treasurer - LAIF - (fair value basis 1.0)
Interest rate 4.73% at 12/31/24

CITY OF RIPON
Investment Policy
Quarterly Report
September 01, 2024 - December 31, 2024
The City of Ripon’s investment policy was adopted by Resolution 96-63 on June 18, 1996 and amended by Resolution 03-68 on August 19, 2003 and by Resolution 23-28 on June 13, 2023. This policy provides for the legislative body of a local agency to invest all money belonging to or in the custody of the local agency in accordance with the provisions of California Government Code Sections 5922, 53601 et seq., and 53635.

This quarterly review complies with all of the elements required by California Government Code Section 53646(b).
* The City of Ripon financial information is on a cash basis, so this rate includes only interest that has been earned. CAMP TERM Funds are not earned until maturity.

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Attachment: Investment report for Council 12.2024 (4533 : Quarterly Investment Report Review) Investment Report
December 31, 2024

Section 115 Trust Investments
$ 1,741,556
Capital appreciation for period ending 12/31/24 - -1.48% Conclusion
Respectfully Submitted,
Lisa Roos
Lisa Roos
City Clerk/Finance Director
Based upon the Treasurer’s report, the entire investment porfolio of the City of Ripon is in FULL COMPLIANCE with the 2023 City of Ripon Investment Policy, the California Government Code, and/or the 2022 Section 115 Trust investment guidelines, whichever is applicable.

This report certifies that all investment actions executed prior to this report have been made in full compliance with the City of Ripon Investment Policies. This report also certifies that the City of Ripon will meet its expenditure obligations for the next six months as required by California Government Code Section 53646(b)(2) and (3).

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

At the end of December 2024, City funds held in Section 115 Trust are listed below:

Public Agency Retirement Services
\\rcityfs2\users\lroos\My Documents\Investment Reports\Investment report for Council.xlsx - 2024.12.31

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Attachment: Investment report for Council 12.2024 (4533 : Quarterly Investment Report Review) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Christiana Giedd, Associate Civil Engineer
Date: 02/11/2025
Subject: Pavletic Consulting LLC
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Pavletic Consulting LLC for the preparation of a Five-Year Utility Rates Plan and Annual Rate Reviews for the Water, Sewer, and Garbage Utilities for the years 2026-2030 in the not to exceed amount of $36,000 (funding sources: Water, Sewer, and Garbage Operating Funds).

BACKGROUND:

The City of Ripon has three enterprise funds: water, sewer, and garbage. Enterprise funds are operated by the City in a “business-type” manner and the City charges customers for services provided through these enterprises. The revenue generated is intended to provide revenue to adequately fund utility operations, maintenance, capital replacement, and meet debt service obligations, while maintaining a prudent level of reserves.

In 1996, Proposition 218 was approved by the voters that establishes a process by which all public agencies must follow in order to raise taxes or fees. For utility rate increases, the process requires certain findings necessary to increase fees, notice of proposed rate increases to every property owner/renter who pay the utility bill, and the ability to submit a protest ballot opposing the increase. If a majority of ballots are returned that protest the increase, the increase will not take effect.

In 2020, the City contracted Municipal Financial Services (now called Pavletic Consulting LLC) to prepare a Five-Year Utility Rates Plan for the years 2021-2025. As part of that study, utility rate increases for the water, sewer, and garbage enterprise funds were recommended to be implemented February 1st of years 2021, 2022, 2023, 2024, and 2025.

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As part of the Council’s approval of the 5-years of rate increases, staff was directed to bring back a financial evaluation each year prior to the rate increase being implemented in order to determine if the full rate increase is necessary.

The last year of these approved rate adjustments have been implemented and now the City of Ripon will need to move forward with an evaluation of water, sewer, and garbage enterprise fund rate adjustments for the years 2026-2030.

DISCUSSION/ANALYSIS:

Pavletic Consulting LLC provided a scope and fee to prepare a Five-Year Utility Rates Plan to be considered by the City Council for the years 2026 through 2030. This study would once again evaluate the adequacy of revenues to meet projected expenditures of the enterprise funds, and if necessary, recommend future rate increases. The scope and fee also includes Annual Rate Reviews which will assist Council in determining whether the full rate increase should be implemented on an annual basis.

Staff recommends the City Council approve the attached Professional Services Agreement with Pavletic Consulting LLC in the not to exceed amount of $36,000.

FINANCIAL IMPACT:

The cost to complete the work within the proposal is a not to exceed amount of $36,000, which will be funded through the Water, Sewer, and Garbage Enterprise Funds as shown in Table 2.

Table 2 – Funding Breakdown
Enterprise Operating Fund Amount
Water $12,000
Sewer $12,000
Garbage $12,000
Total $36,000
Attachments:

1. Services Agreement_Pavletic Consulting, LLC

2. Exhibit A_Pavletic Consulting LLC

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Professional Services Agreement - Page 1 of 7
Utility Revenue & Rate Studies
Pavletic Consulting LLC

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

PAVLETIC CONSULTING LLC
This Agreement for Professional Services (“Agreement”) is entered into on, February 11, 2025 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Pavletic Consulting LLC (“Consultant”), (together sometimes referred to as the “Parties”).

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

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

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

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

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED Thirty Six Thousand Dollars ($36,000) for all work described within the Cost Proposal set forth in “Exhibit A” and made a part of this Agreement.

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

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

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

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Attachment: Services Agreement_Pavletic Consulting, LLC (4534 : Pavletic Consulting LLC) Professional Services Agreement - Page 2 of 7
Utility Revenue & Rate Studies
Pavletic Consulting LLC
Section 3. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement. (Rev 3/18)

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

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

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

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

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

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

3.5 All Policies Requirements.

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

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Utility Revenue & Rate Studies
Pavletic Consulting LLC

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

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

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

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

Section 5. STATUS OF CONSULTANT.

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

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

Section 6. LEGAL REQUIREMENTS.

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

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

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

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Utility Revenue & Rate Studies
Pavletic Consulting LLC

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

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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

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

Section 8. KEEPING AND STATUS OF RECORDS.

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

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

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

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

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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Utility Revenue & Rate Studies
Pavletic Consulting LLC

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

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

9.6 Notices.

Any written notice to Consultant shall be sent to:

Tom Pavletic
Pavletic Consulting LLC
2014 Mann Pkwy
Celina, TX 75009
Any written notice to the City shall be sent to:

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

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

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

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

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

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Utility Revenue & Rate Studies
Pavletic Consulting LLC

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

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

CITY OF RIPON CONSULTANT
Daniel de Graaf, Mayor Tom Pavletic, Owner

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

1.4.B.a
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Attachment: Services Agreement_Pavletic Consulting, LLC (4534 : Pavletic Consulting LLC)

PAVLETIC CONSULTING LLC
2014 Mann Pkwy, Celina, TX 75009
Proposal for Preparation of a
Five-Year Rates Plan and Annual Rate Reviews
for the
Water, Sewer and Garbage Utilities
Submitted January 21, 2025
EXHIBIT A 1.4.B.b
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Attachment: Exhibit A_Pavletic Consulting LLC (4534 : Pavletic Consulting LLC) PAVLETIC CONSULTING LLC i
Table of Contents
Letter of Transmittal............................................................................................................................................1

1. Scope of Work............................................................................................................................................1-1

1.1 Scope of Work .................................................................................................................................1-1

1.1.1 Task 1—Develop Customer Use Characteristics............................................................1-1

1.1.2 Task 2—Develop Financial Plan and Revenue Requirements ......................................1-1

1.1.3 Task 3—Develop Rate Alternatives .................................................................................1-2

1.1.4 Task 4—Prepare Preliminary, Draft and Final Reports ..................................................1-2

1.1.5 Task 5—Prepare Presentations and Attend Meetings...................................................1-3

1.1.6 Task 6—Annual Review of Adopted Rates......................................................................1-3

1.2 Deliverables.....................................................................................................................................1-3

2. Budget........................................................................................................................................................2-1

2.1 Budget by Fiscal Year .....................................................................................................................2-1

3. Schedule ....................................................................................................................................................3-1

3.1 Schedule for Project Completion ...................................................................................................3-1

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Attachment: Exhibit A_Pavletic Consulting LLC (4534 : Pavletic Consulting LLC) PAVLETIC CONSULTING LLC 1
Letter of Transmittal
January 21, 2025
Mr. Kevin Werner
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
Subject: Proposal for Preparation of a Five-Year Rates Plan and Annual Rate Reviews for the Water, Sewer and Garbage Utilities
Dear Mr. Werner:

Pavletic Consulting LLC is pleased to submit our proposal for preparation of a Five-Year Rates Plan and Annual Rate Reviews for the Water, Sewer and Garbage Utilities. This proposal documents our proposed scope of work, deliverables, schedule and budget for providing services to the City. The proposal is in three sections which are summarized below.

Scope of Work and Deliverables. This section describes each task in the scope of work and provides a list of deliverables.

Budget. Budget hours and dollars are fungible among tasks within each utility budget and between enterprises in the event the budget for any enterprise is entirely spent. The hourly rate used in this proposal is $160 per hour – the same rate as used in the previous five-year study. The number of hours proposed is 225 which is 21 more hours than proposed in the previous five-year study. The budget is “not-to-exceed” and any hours not used will not be billed.

Schedule. The schedule is based on the timeline for the City’s next rate increase scheduled for February 1, 2026. Annual reviews are scheduled to be performed during August – December of each subsequent fiscal year following adoption of the five-year rate plan. The work schedule begins with the Notice to Proceed in March 2025 and runs through December 2030.

We appreciate the opportunity to submit our proposal. If you have any questions or wish to discuss changes in the proposal, please call (510) 439-6264.

Very truly yours,
Tommy Pavletic
Pavletic Consulting LLC

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Attachment: Exhibit A_Pavletic Consulting LLC (4534 : Pavletic Consulting LLC) PAVLETIC CONSULTING LLC 1-1
Section 1
Scope of Work
The section describes our scope of work for the project and provides a list of deliverables.

1.1 Scope of Work
We will perform the following tasks as part of our scope of work. Note that all tasks apply to water, sewer and garbage utilities.1,2 Note that this scope of work excludes the development of fees or charges for penalties, service work, temporary service, capacity charges and other special fees and charges.

Tasks 1 through 5 will be performed in FY 2025/26 and include the five-year rate study. Task 6 is for the annual review of rates adopted in FY 2025/26 to determine whether the rates should be implemented in each of the subsequent four fiscal years.

1.1.1 Task 1—Develop Customer Use Characteristics
We will obtain detailed customer data from the City’s billing system. We will verify the most recent 12 months of customer data for Fiscal Year 2023-2024 (FY 2023/24) by categorizing the data according to the existing rate structure components, multiplying the customer use or account data times the applicable rate in the rate structure, and calculating the amount of revenue. We will compare that amount of revenue with the amount of revenue shown in the general ledger. If the two amounts of revenue are approximately the same, we know that the customer characteristics data will serve as a good basis for projections for future use. We will coordinate with City staff to ensure they export data from the utility billing system to an Excel spreadsheet that meets our data analysis needs.

We will analyze the customer water use data in sufficient detail to facilitate the development of rate structures selected by the City for implementation. We will discuss with key City staff their expectations of the rate structures and the advantages and disadvantages of the various types of rate structures.

1.1.2 Task 2—Develop Financial Plan and Revenue Requirements We will obtain from the City all financial data necessary for the development of rates including annual projection of capital and operating expenditures, existing and projected annual debt service obligations, recent revenue from rates and other sources, fund balances and debt coverage covenants.

We will develop an Excel-based spreadsheet that evaluates the annual amount of revenue required from rates for each utility. These revenue requirements will include operations and maintenance expenses, capital improvement program (CIP) expenditures, and debt service costs to be recovered via rates.

We will work with City staff to ensure that operating and capital expenditures are clearly defined in the rate study to facilitate customer understanding of the need for the expenditure and the program related to those expenditures.
1 The City’s financial statements use the term “Refuse Fund.” The City’s budgets use the term “Garbage Fund.” The terms are interchangeable and refer to Fund 120. The term “Garbage” is used in this proposal. 2 The City’s financial statements use the term “Sewer Fund.” The City’s budgets use the term “Ripon Municipal Sewer District No. 1.” The terms are interchangeable and refer to Fund 130. The term “Sewer” is used in this proposal.

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Attachment: Exhibit A_Pavletic Consulting LLC (4534 : Pavletic Consulting LLC) Section 1 Scope of Work
1-2 PAVLETIC CONSULTING LLC
We will confer with the City to obtain their consensus approach for financing capital expenditures that includes cash from rates, State of California grants, or a low interest loan from the State of California State Revolving Fund.

We will use Excel’s standard financial functions for calculating interest and principal payments to develop debt service schedules for projected new financing or create a customized debt service schedule based on parameters provided by the City. We will evaluate debt service coverage ratios and “days of cash”. We will develop debt service coverage calculations that match the methodology described in the covenant(s) as provided to us by the City.

We will develop fund balance target amounts (reserves) using a classical approach. The classical approach involves quantitative methods of developing reserves requirements for working capital, capital improvements and rate stabilization. The study period for projected revenue requirements and rates will be FY 2025/26 through FY 2030/31 (five years).

1.1.3 Task 3—Develop Rate Alternatives
The three rate studies will each have two steps of technical analysis – the development of revenue required from rates and the development of rate alternatives. The rate development step of allocation of costs among functional cost categories (cost-of-service analysis) is not included in this scope of work.3 The revenue required from rates is net of non-rate revenues (for example interest earned on fund balances, loan disbursements, revenue from capacity charges, lease and rental income, various reimbursements, other charges for services). The development of rate alternatives will test different “across the board” rate increases and the impact on cash flow.

The proposed rates and monthly bills based on those rates will be compared with those of neighboring, comparable cities that provide similar services.

1.1.4 Task 4—Prepare Preliminary, Draft and Final Reports We will document findings and recommendations in report form. We will prepare a single report for the water, sewer and garbage utilities (unless directed otherwise by the City). We will prepare and submit three versions of reports: 1) a preliminary report for internal review with staff; 2) a draft for staff, Council and public review; and 3) a final report (incorporating any final Council and staff changes) following the Proposition 218 Notice of Public Hearing. Preliminary, draft and final reports will be submitted in electronic format.

All versions of the report will show the development of the rates and document findings as an administrative record that demonstrates the cost-rate relationship.

All information shall be presented in a clear, concise, and easy-to-understand manner. The reports will include the following: 1) a brief physical description of the utility systems; 2) service area description, including population characteristics; 3) overview of recent financial operations; 4) description of the necessary capital improvement program over time (five years); 5) tables from the comprehensive revenue and expense models supplemented with text that describes and supports how rates were derived; and 6) a survey of rates of other nearby municipalities. 3 The City’s enterprise utilities are about 92 percent residential. In the water enterprise, 95 percent of water meters are charged the same rates. The rates for all enterprises are fair and equitable for application to the homogeneous customer bases in each enterprise and meet the cost-of-service nexus requirements found in laws of the State of California.

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Attachment: Exhibit A_Pavletic Consulting LLC (4534 : Pavletic Consulting LLC) Scope of Work Section 1
PAVLETIC CONSULTING LLC 1-3

1.1.5 Task 5—Prepare Presentations and Attend Meetings
We will prepare slides for presentations and attend up to two (2) meetings at City Hall for meetings or workshops with the City Council to present findings and recommendations. We will conduct conference calls supplemented with internet meeting technology as frequently as necessary to complete the work.

We will develop tables and figures for presentations that clearly describe findings and recommendations.

We will coordinate with City staff to create a defined message, supported by findings, for each meeting (or workshop) with the City Council. The message at the initial meetings (or workshops) with City Council will be designed to facilitate discussion about the projected expenditures, revenue requirements and educate customers on the types of costs incurred by the utilities and how those costs are recovered. We will work with the Staff to provide data and information for development of a public awareness campaign for the rate study.

1.1.6 Task 6—Annual Review of Adopted Rates
Task 6 is for the annual review of rates adopted in FY 2025/26 to determine whether the adopted rates should be implemented in each of the subsequent four fiscal years.

Evaluation of the previously adopted rates will involve only the update of projected expenditures, revenue from rates, number of accounts and water use. The evaluation will include preparation of a Technical Memorandum that summarizes findings and recommendations.

As practiced by other cities, any decision by the City Council to reduce or not implement rates previously adopted would not trigger a requirement for Proposition 218 procedures or a protest ballot process.

1.2 Deliverables
Pavletic Consulting LLC will provide the following deliverables during the study:
• Up to two (2) on-site meetings or workshops
• Schedule of water, sewer and garbage rates to be adopted by Proposition 218 procedures in FY 2025/26
• Excel-based models with tables and figures used in reports and presentations • Electronic copies of Preliminary, Draft and Final Reports • Electronic copies of Preliminary, Draft and Final Technical Memorandums • Electronic copies of PowerPoint Presentations
• Monthly invoices showing project status in terms of labor hours, costs and work performed

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Attachment: Exhibit A_Pavletic Consulting LLC (4534 : Pavletic Consulting LLC) PAVLETIC CONSULTING LLC 2-1
Section 2
Budget

2.1 Budget by Fiscal Year
The table below shows the project budget and total cost of services for the scope of work. Only hours actually used will be charged. Labor hours not used will not be invoiced. Hours and costs are fungible between tasks for each utility. All costs for travel, shipping, phone, copying etc. are included in the hourly rates.

Table 2-1. Budget
Any additional work agreed to between the City and Pavletic Consulting LLC will be performed at the Hourly Rate shown in Table 2-1.

We will invoice for work performed no more than once a month. Invoices will include a list of all tasks, work performed on each task during the time period corresponding with the invoice, a total amount due, the amounts previously billed, and the budget remaining.

Water Utility Sewer Utility Garbage Utility
Hourly Hourly Hourly Totals
Task Hours Rate Cost Hours Rate Cost Hours Rate Cost Hours Cost Task 1 - Develop Customer Use
Characteristics 8 $160 $1,280 8 $160 $1,280 8 $160 $1,280 24 $3,840 Task 2 - Develop Financial Plan
and Revenue Requirements 15 $160 $2,400 15 $160 $2,400 15 $160 $2,400 45 $7,200 Task 3 - Develop Rate
Alternatives 7 $160 $1,120 7 $160 $1,120 7 $160 $1,120 21 $3,360 Task 4 - Prepare Preliminary,
Draft and Final Reports 10 $160 $1,600 10 $160 $1,600 10 $160 $1,600 30 $4,800 Task 5 - Prepare Presentations
and Attend Meetings 7 $160 $1,120 7 $160 $1,120 7 $160 $1,120 21 $3,360 Task 6 - Perform Annual
Evaluation of Adopted Rates 28 $160 $4,480 28 $160 $4,480 28 $160 $4,480 84 $13,440 Total Costs and Hours 75 $12,000 75 $12,000 75 $12,000 225 $36,000

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Attachment: Exhibit A_Pavletic Consulting LLC (4534 : Pavletic Consulting LLC) PAVLETIC CONSULTING LLC 3-1
Section 3
Schedule

3.1 Schedule for Project Completion
Work may commence immediately upon issuance of a written Notice to Proceed by the City. The schedule for project completion is shown in Table 3-1. The schedule is contingent on the timely delivery of customer data and financial data by the City.

Table 3-1. Schedule
2025 2026
Week Start Day/M onth > 10-Mar 14-Apr 12-May 9-Jun 14-Jul 11-Aug 8-Sep 13-Oct 10-Nov 8-Dec 12-Jan 9-Feb 9-Mar TaskCumulative Number of Days from Notice to Proceed > 7 63 91 126 154 182 217 245 273 308 336 364 399 Notice to Proceed Week of M arch 10, 2025
Task 1 - Develop Customer Use Characteristics
Task 2 - Develop Financial Plan / Revenue Requirements
Task 3 - Develop Rate Alternatives
Task 4 - Prepare Preliminary, Draft and Final Reports Prelim Draft Final Task 5 - Prepare Presentations/Attend M eetings Wkshp 218 op 218 cl Note: Council meetings are the second Tuesday of every month and are the dates used in the schedule header.

Legend: Prelim / Draft / Final = Preliminary / Draft / Final reports Wkshp = workshop to review findings/recommendations /set hearing date 218 op = Council meeting to authorize mailing of Proposition 218 Notice of Hearing 218 cl = Council meeting to close Prop 218 hearing and vote on rates New rates effective February 1, 2026

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Attachment: Exhibit A_Pavletic Consulting LLC (4534 : Pavletic Consulting LLC) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 02/11/2025
Subject: SKW & Associates- Meadowood
RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with SKW & Associates to provide architectural review services for the Meadowood subdivision project.

Contract for services will be on a time and materials basis for the architectural review services with a not to exceed amount of $5,000 (funding source: Lennar Homes of California, LLC reimbursement account).

BACKGROUND:

Pursuant to the Meadowood Development Agreement, that was approved and executed in 2018, all proposed homes within the development shall be submitted to the City of Ripon for architectural review. Along with City Staff reviewing all the floorplans and elevations, we also enlist the help of an architectural consultant, to assist with the review process. This is to ensure that all conditions of the development agreement and North Pointe Specific Plan are being met, but also to ensure that the homes to be built are quality homes that complement our community.

FISCAL IMPACT:

The fiscal impact to provide architectural review services for the Meadowood residential development project will be covered by the Developer (Lennar Home of California, LLC) through the reimbursement account for the project.

Attachments:

1. Professional Services Agreement - SKW & Associates for architectural review

2. Exhibit A

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Professional Services Agreement - Page 1 of 7
Architectural Review Services
SKW & Associates

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

SKW & ASSOCIATES
This Agreement for Professional Services (“Agreement”) is entered into on, February 11, 2025 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and SKW & Associates (“Consultant”), (together sometimes referred to as the “Parties”).

Section 1. SERVICES. In accordance with the terms and conditions set forth in this Agreement, Consultant agrees to perform architectural review services for the City of Ripon regarding floorplans and elevations for all proposed home models for the Meadowood Subdivision project. In the event of a conflict in or inconsistency between the terms of this Agreement and said scope of services, this Agreement shall prevail.

1.1 Term of Services. This Agreement shall begin upon signature by all Parties and shall end when Consultant completes the work described in said scope of work, or no later than one (1) year from the date this Agreement was signed by City, whichever is longer, unless the term of the Agreement is otherwise terminated or modified, as provided for herein. Notwithstanding the foregoing,

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

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

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant on a Time and Material basis pursuant to the attached SKW & Associates Fee Schedule for Professional Services (Exhibit A), with an amount NOT TO EXCEED Five Thousand Dollars.

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

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

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Attachment: Professional Services Agreement - SKW & Associates for architectural review (4551 : SKW & Associates- Meadowood) Professional Services Agreement - Page 2 of 7
Architectural Review Services
SKW & Associates

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

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

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

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

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

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

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

3.5 All Policies Requirements.

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

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Attachment: Professional Services Agreement - SKW & Associates for architectural review (4551 : SKW & Associates- Meadowood) Professional Services Agreement - Page 3 of 7
Architectural Review Services
SKW & Associates

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

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

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

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

Section 5. STATUS OF CONSULTANT.

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

Section 6. LEGAL REQUIREMENTS.

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

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

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

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Attachment: Professional Services Agreement - SKW & Associates for architectural review (4551 : SKW & Associates- Meadowood) Professional Services Agreement - Page 4 of 7
Architectural Review Services
SKW & Associates

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

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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

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Attachment: Professional Services Agreement - SKW & Associates for architectural review (4551 : SKW & Associates- Meadowood) Professional Services Agreement - Page 5 of 7
Architectural Review Services
SKW & Associates
$10,000 has not commenced or adequately completed, and City must retain another new qualified consultant to complete that specific task Consultant would be responsible to reimburse City in the amount of up to $2,500 (25% of the Consultant’s $10,000 quoted price for the subject task). By way of further example, if the Consultant’s cost of completion of that specific task is $14,000, Consultant would be responsible to reimburse City in the amount of up to $3,500 (25% of the Consultant’s $14,000 quoted price for the subject task).

Section 8. KEEPING AND STATUS OF RECORDS.

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

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

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

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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Attachment: Professional Services Agreement - SKW & Associates for architectural review (4551 : SKW & Associates- Meadowood) Professional Services Agreement - Page 6 of 7
Architectural Review Services
SKW & Associates

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

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

9.6 Notices.

Any written notice to Consultant shall be sent to:

David Starck
Principal Architect
SKW & Associates
2237 Scenic Drive
Modesto, CA 95355
Any written notice to the City shall be sent to:

Mr. Ken Zuidervaart
Planning Director
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366

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

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

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

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

1.4.C.a
Packet Pg. 100 Attachment: Professional Services Agreement - SKW & Associates for architectural review (4551 : SKW & Associates- Meadowood) Professional Services Agreement - Page 7 of 7
Architectural Review Services
SKW & Associates

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

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

CITY OF RIPON CONSULTANT
Daniel de Graaf, Mayor David Starck, Principal Architect Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney

1.4.C.a
Packet Pg. 101 Attachment: Professional Services Agreement - SKW & Associates for architectural review (4551 : SKW & Associates- Meadowood) Exhibit A 1.4.C.b
Packet Pg. 102 Attachment: Exhibit A (4551 : SKW & Associates- Meadowood) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: James Pease, Public Works Director
Date: 02/11/2025
Subject: Provost & Pritchard Water Loss Audit Valuation FY 23-24 RECOMMENDED ACTION:

Approve and authorize the Mayor to sign the Professional Services Agreement with Provost & Pritchard Consulting Group to complete the annual Water Loss Audit Validation for fiscal year 2023/2024 in the not to exceed amount of $2,750 (funding source: Water Operating Fund).

BACKGROUND:

The State of California Department of Water Resources (DWR) requires an Annual Water Loss Audit be prepared by the City and validated by a Certified Water Audit Validator, in accordance with Senate Bill 555. The audit and validation are due annually every January and the validation must be independent of the Annual Water Loss Audit. The water loss audit is an estimation of the amount of water lost by the City throughout the year, essentially the difference between how much water is being pumped into our system which is recorded at the wells and the total water exiting our system which is recorded at the customer water meters.

DISCUSSION/ANALYSIS:

As outlined in the attached agreement and exhibit, the City will perform the water loss audit for the fiscal year 2023-2024 and Provost and Pritchard will perform an independent validation of the audit results as required by DWR. Once complete, the certified validation report will be submitted to DWR for their records. This work will bring the City’s annual State mandated water loss audits and validations current.

FISCAL IMPACT:

The attached agreement has a not-to-exceed amount of $2,750 and will be funded through the City Water Operating Fund.

Attachments:

1. Services Agreement - Provost & Pritchard

1.4.D
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2. Exhibit A - Provost & Pritchard

1.4.D
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Professional Services Agreement - Page 1 of 7
Water Loss Audit Validation FY 2023-2024
Provost & Pritchard

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF RIPON AND

PROVOST & PRITCHARD
This Agreement for Professional Services (“Agreement”) is entered into on, February 11, 2025 (the “Effective Date”) between the City of Ripon, a California municipal corporation (“City”) and Provost & Pritchard (“Consultant”), (together sometimes referred to as the “Parties”).

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

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

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

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

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

Section 2. COMPENSATION.

City hereby agrees to pay Consultant an amount NOT TO EXCEED $2,750.00 for all work described within the Cost Proposal set forth in Exhibit A and made a part of this Agreement.

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

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

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

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

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

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

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

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

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

3.5 All Policies Requirements.

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

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

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

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

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

Section 5. STATUS OF CONSULTANT.

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

Section 6. LEGAL REQUIREMENTS.

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

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

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

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

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

Section 7. MODIFICATION.

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

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

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

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

7.4.1 Immediately terminate the Agreement;

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

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

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

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

Section 8. KEEPING AND STATUS OF RECORDS.

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

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

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

Section 9 MISCELLANEOUS PROVISIONS.

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

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

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

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

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

9.6 Notices.

Any written notice to Consultant shall be sent to:

Heather Bashian
Director of Operations
Provost & Pritchard
455 W. Fir Avenue
Clovis, CA 93611
Any written notice to the City shall be sent to:

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

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

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

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

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

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

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

CITY OF RIPON CONSULTANT
Daniel de Graaf, Mayor Heather Bashian, Director of
Operations
Attest:
_________________________
Lisa Roos, City Clerk
Approved as to Form:
____________________________
Thomas Terpstra, City Attorney

1.4.D.a
Packet Pg. 111 Attachment: Services Agreement - Provost & Pritchard (4554 : Provost & Pritchard Water Loss Audit Valuation FY 23-24) 455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
Engineering • Structural • Geostructural • Surveying • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID January 17, 2025
James Pease
Public Works Director
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
<Via Email [email protected]>
RE: Proposal for Engineering Services for a Level One Water Loss Audit Validation for the City of Ripon for Fiscal Year 2023-2024
Dear James:

Thank you for the opportunity to submit this proposal to provide engineering services for the City of Ripon (City) 2023-2024 Annual Water Loss Audit Validation. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables, and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.

PROJECT UNDERSTANDING
It is our understanding that the Department of Water Resources (DWR) requires an Annual Water Loss Audit (audit) be prepared and subsequently validated by a Certified Water Audit Validator (validation), in accordance with Senate Bill 555. The audit and validation are due annually, by January 1. Further, the validation must be performed by a party uninvolved with preparation of the Annual Water Loss Audit.

Provost & Pritchard Consulting Group (Provost & Pritchard) understands that the City will perform the water loss audit for the fiscal year 2023-2024. It’s also understood that the City is looking for an independent third party to perform a level one validation of the audit results for the 2023-2024 water loss audit for submittal to DWR.

SCOPE OF SERVICES

LEVEL ONE WATER LOSS AUDIT VALIDATION (PHASE WAV)
The work under this phase consists of a single fiscal year (2023-2024) water loss audit validation to be conducted on the City water system and will be performed by and at the direction of Brittney Darnell, entirely independently of the work done by the City to prepare the water loss audit. The following applies to the water loss audit validation for fiscal year 2023-2024:
• Review audit data supporting documentation prior to interview with the City including:
o Water Supplied including: Volume from own sources and Imported and exported water o Authorized Consumption including: Billed metered and unmetered consumption, and Unbilled metered and unmetered consumption
o System Data including: Length of distribution system mains, Number of active and inactive, connections, Typical location of customer meters, and Average system operating pressures Exhibit A 1.4.D.b
Packet Pg. 112 Attachment: Exhibit A - Provost & Pritchard (4554 : Provost & Pritchard Water Loss Audit Valuation FY 23-24) City of Ripon January 17, 2025
Level 1 Water Loss Audit Validation Page 2 of 3
Job No.: 2674-25-###
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/35f23072-152a-4127-846cbe9f838e3212/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_95.ppeng.egnyte.com/20250106 Ripon FY 23-24 WAV Proposal.docx o Cost Data including: Total annual cost of water system operation, Customer retail unit costs, and Variable production costs
• Conduct an interview with City staff to discuss validation questions. • Validate Water Audit prepared by the City.
• Upon completion of the interview, supporting documentation review, and the level one audit validation process, Provost & Pritchard will develop two (2) deliverables for the level one water loss audit validation, including, Level One Validation Notes and Certified Validation Report

PROFESSIONAL FEES
Provost & Pritchard Consulting Group will perform the services for the fixed fee amount of $2,750. These services will be invoiced monthly, on a percent-complete basis. Reimbursable Expenses are included in the Fixed Fee amount stated.

SCHEDULE
Once we receive a signed contract, are authorized to proceed, and have received requested data, we can perform the level one water loss audit validation within two weeks for initial submittal.

Work is not able to begin without the receipt of the requested data. Delays in sending the requested data are beyond the control of Provost & Pritchard and will cause delays to the schedule.

ASSUMPTIONS
• It is not anticipated that DWR will have comments or requests for revisions on the Level One Water Loss Audit Validation.
• Items to be provided by the City for the validation:
o Water supplied into the system in million gallons per year or acre-feet per year. o Most recent meter testing and/or calibration reports for all supply sources (own, imported, and exported sources) within the last five (5) years. Reports shall properly identify meter, date, and results of test and/or calibration.
o Water delivered into the system for billed or unbilled connections and metered and unmetered connections in million gallons per year or acre-feet per year. o Cost information including, total annual cost of operating water system, retail unit cost and variable production cost.
• System data, including length of mains, number of active/inactive service connections and system operating pressure will be based on data provided by the City including but not limited to, recent urban water management plans, regulatory reports, and other information sources provided by the City.
• “Water supplied from own sources”, “imported water”, and “exported water” data shall be provided by month and by meter, preferably in MS Excel format. The audit cannot be validated without supporting documentation by month and by meter.
• Volume of authorized consumption shall be provided by month and by use type/code in an MS Excel format. The audit can’t be validated without supporting documentation by month and by use type/code.
• The City shall have available a schematic diagram of the water distribution system that shows all sources, meters (import and export), storage, and other pertinent information.

1.4.D.b
Packet Pg. 113 Attachment: Exhibit A - Provost & Pritchard (4554 : Provost & Pritchard Water Loss Audit Valuation FY 23-24) City of Ripon January 17, 2025
Level 1 Water Loss Audit Validation Page 3 of 3
Job No.: 2674-25-###
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/35f23072-152a-4127-846cbe9f838e3212/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_95.ppeng.egnyte.com/20250106 Ripon FY 23-24 WAV Proposal.docx • The City shall have all required staff present at audit validation interview to discuss topics relevant to audit.
• The City shall provide all requested information prior to interview in an effort to streamline interview process.

ADDITIONAL SERVICES
The following services are not included in this proposal, however these and others can be provided at additional cost, either directly by Provost & Pritchard Consulting Group or through subconsultants, upon request.
• Performing a water loss audit for the fiscal year 2023-2024 per the American Water Works Association (AWWA) Manual M36 guidelines.
• Revision to the Water Loss Audit Validation can be prepared upon receipt of comments from the DWR at time and materials, if needed, but is not included in this scope of services. • Level two and three water loss audit validations if requested by the City.

TERMS & CONDITIONS
In order to convey a clear understanding of our mutual responsibilities under this proposal (or amendment), our standard Consultant Services Agreement is attached. Please sign both of these documents and mail or email a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.

Sincerely Yours,
Provost & Pritchard Consulting Group
Nicholas Jacobson, RCE 84909 Heather Bashian, RCE 73075 Project Manager Director of Operations

TERMS AND CONDITIONS ACCEPTED
By City of Ripon
Signature
Printed Name
Title Date

1.4.D.b
Packet Pg. 114 Attachment: Exhibit A - Provost & Pritchard (4554 : Provost & Pritchard Water Loss Audit Valuation FY 23-24) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Spencer Schroen,
Date: 02/11/2025
Subject: Community Center Tennis Courts Change Order #1 RECOMMENDED ACTION:

Approve Change Order No. 1 for various contract changes in the not to exceed amount of $48,283.92 (funding source: Parks and Recreation Capital Fund).

BACKGROUND:

The Community Center Tennis Courts Project was awarded to Consolidated Engineering, Inc. at the October 8, 2024 City Council meeting in the amount of $426,250.20. The Community Center Tennis Courts Project includes the removal and reconstruction of the tennis courts, new playing surface that includes striping for tennis and pickle ball play, and the installation of tennis and pickle ball netting.

DISCUSSION:

The Community Center Tennis Courts Project contract is recommended to be amended to include the following changes:

Project Sign: The City received a Proposition 68 grant for the reconstruction of the tennis courts. A condition of the grant was to post a sign near the project indicating this grant source.

The additional cost of this sign is $1,461.07.

Replacement of Existing Water Fountains (2 ea): The site had two water fountains that were installed when the tennis courts were initially constructed and no longer working as intended.

Staff requested a price to remove these fountains and replace with two new water fountains. The additional cost related to this work is $9,466.13.

Gate Post Credit: The contract required the contractor to install new posts for a gate. Because of a utility conflict, the contractor was directed to use an existing post. The credit related to this change is $650.00.

1.4.E
Packet Pg. 115
Temporary Striping and Pickleball Net Construction: The playing surface included in the contract is an acrylic coating that can only be applied when the asphalt surface is at least 50 degrees. In order to allow the public to use the tennis and pickle ball courts without a significant delay, the contractor was directed to install temporary striping. Also, the City pre-purchased four (4) moveable pickle ball net system, which were assembled by the contractor. The additional cost related to this work is $13,896.48.

Additional Aggregate Base and Asphalt: The contract document includes an estimate of the quantity of materials in order to complete the scope of work. When the contractor submits a bid, a unit price is included for each line item in the bid. During construction, the actual quantity is measured. When there are changes, the quantity is adjusted and the total for the line item is recalculated using the bid unit cost. This change includes the quantity changes to the aggregate base and asphalt line items. The additional cost related to these changes is $24,110.24.

FISCAL IMPACT:

The attached Change Order No. 1 is in the amount of $48,283.92 is to be funded through the Parks and Recreation Capital Fund, which currently has a balance of $2,953,534. The amended construction contract price is shown in Table 1.

Table 1 – Current Contract Price
Amount
Original Contract Price $ 424,697.00
Change Order 1 $ 48,283.92
Current Contract Price $ 472,980.92
Attachments:

1. CCO1_Consolidated Engineering,Inc

1.4.E
Packet Pg. 116

CITY OF RIPON

PUBLIC WORKS DEPARTMENT
CONTRACT CHANGE ORDER NO. 1 DATE: 2/11/2025
PROJECT: Community Center Tennis Courts SHEET 1 OF 1 SHEETS TO: Consolidated Engineering
NOTE: This change order is not effective until approved by the CITY ENGINEER.

Description Cost
Addition of the following items:

Prop 68 Sign $1,461.07
Remove 2 existing Water Fountains $742.13
Gate Post Credit (Bid item 3) -$650.00
Temporary Striping and Pickleball Net Construction $13,896.48 Drinking Fountain Installation $8,724.00
Additional AB and AC $24,110.24
Total: $48,283.92
Not to Exceed Cost: Increase
Approval Recommended: Date:

Approved: Date:

Accepted, Date _____________________ Contractor
By _________________________________ Title
Approval Senior
By reason of this order the time of completion will be adjusted as follows: Additional 15 Calendar Days Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work at contract price, agreed price and force account.

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

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

Change requested by the Engineer.

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

All work shall be in accordance with City Standards.

Approval Chief
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above.
$48,283.92

1.4.E.a
Packet Pg. 117 Attachment: CCO1_Consolidated Engineering,Inc (4564 : Community Center Tennis Courts Change Order #1) Invoice
Date
1/25/2025
Invoice #
416
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
12/27/2024 THT 325.00 2 650.00
1/9/2025 THT 325.00 2 650.00
2,242.00 2,242.00
Discuss and make notes on Mohler Road property,
further research re same.

Memo to client regarding pending matters and city
Council agenda questions, follow-up on same.

The Law Office of Thomas H. Terpstra Jr.'s Invoice
No. 1 (Paid in full by The Law Office of Thomas H.

Terpstra).
$3,542.00
a
Packet Pg. 118 Attachment: Invoice #416 - City - General (4543 : Law Office of Thomas H. Terpstra) Invoice
Date
1/25/2025
Invoice #
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
The Law Office of Thomas H. Terpstra Jr.'s
Invoice No. 2 (Paid in full by The Law Office of
Thomas H. Terpstra).
737.50 737.50
$ 737.50
b
Packet Pg. 119 Attachment: Invoice # - PD (4543 : Law Office of Thomas H. Terpstra) Invoice
Date
1/25/2025
Invoice #
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
The Law Office of Thomas H. Terpstra Jr.'s
Invoice No. 5 (Paid in full by The Law Office of
Thomas H. Terpstra).
812.50 812.50
$812.50
c
Packet Pg. 120 Attachment: Invoice # - SSJID (4543 : Law Office of Thomas H. Terpstra) City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 02/11/2025
Subject: Resolution of Necessity - N. Ripon/River Road
RECOMMENDED ACTION:

Staff recommends that the City Council adopt a Resolution of Necessity to authorize the acquisition by eminent domain of a fee interest in a portion of 21800 S. North Ripon Road, Ripon, CA (APN 245-180-23) for the River Road/North Ripon Road Signalization Project.

BACKGROUND:

A. Project Description
The traffic at the intersection of River Road and North Ripon Road is currently controlled by stop signs in all four directions. The City of Ripon is planning to improve the intersection by moving forward with the River Road/North Ripon Road Signalization Improvement Project (the “Project”), which includes installing a traffic signal and necessary transition lanes on River Road and North Ripon Road, as shown in Figure 1.

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Figure 1
This Project will provide the following benefits:
 Optimize the operations of the intersection to reduce travel delay.  Enhance safety of the intersection.
 Reduce air quality impacts by coordinating operations with other traffic signals on River Road.

The City of Ripon has acquired the right-of-way on three of the four corners of the intersection of River Road and North Ripon Road necessary to move forward with the Project, most recently by purchasing 39,726 square feet of right-of-way on the north-east corner of the intersection from the Azevedo family on February 14, 2023.

At this time, the City of Ripon has not been able to purchase the right-of-way on the south-east corner of the project. The parcel located on this corner is 19.54 acres and owned by David B.

Hegarty Family LTD PTP. The parcel is mostly developed in agricultural uses (almond orchard) with a single-family home that currently is located approximately 25 to 30 feet from the edge of the existing right-of-way, a detached garage, and an outbuilding. The single-family home will be impacted by the proposed project.

In order to complete the Project, 21,258 square feet of the parcel (“Subject Property”) would need to be acquired along with the single-family home, as shown in Figure 2.

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Figure 2
B. Negotiations to Date
The City of Ripon obtained an appraisal of the Subject Property from Cogdill & Associates, Inc.

On January 9, 2024 the City of Ripon sent the property owner a Government Code offer letter (Attachment 1) offering the full amount of that appraisal as just compensation for the proposed acquisition.

Mr. Hegarty indicated that he would obtain his own appraisal. However, to date, the City of Ripon has not received an appraisal prepared for Mr. Hegarty. Therefore, staff recommends that the City Council adopt a Resolution of Necessity to initiate eminent domain proceedings.

DISCUSSION:

Under California law, the City cannot acquire private property via eminent domain unless and/or until the City Council has adopted a Resolution of Necessity by a two-thirds majority vote after

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holding a public hearing. The statutory requirement is that a public entity adopt a Resolution of Necessity before initiating a condemnation action.

Staff recommends that the City Council adopt a Resolution of Necessity to authorize the acquisition by eminent domain of a fee interest in a portion of 21800 S. North Ripon Road, Ripon, CA (APN 245-180-23) for the Project. Specifically, an approximately 21,528 square foot portion of this parcel comprised of strips of land along River Road and North Ripon Road. The Subject Property is more particularly described and depicted in the attachments labeled Exhibit A and B to the Resolution of Necessity. The Project is necessary to provide operational and enhanced safety benefits at the intersection of River Road and North Ripon Road.

The hearing on the Resolution of Necessity affords the property owner the opportunity to address the City Council on the necessity of acquiring the Subject Property for the Project. However, the amount of compensation the property owner is entitled to receive should not be discussed at the hearing. That does not mean that negotiations for the acquisition of the Subject Property are at an end. If the City Council adopts the Resolution of Necessity, after the hearing, negotiations for the acquisition of the Subject Property may continue.

In order to adopt a Resolution of Necessity, the City Council must make the following findings:

1. The public interest and necessity require the proposed project;

2. The property described in the resolution is necessary for the proposed project;

3. The proposed project is planned or located in a manner that will be most compatible with the greatest public good and the least private injury; and

4. That either the offer required by Section 7267.2 of the Government Code has been made to the owner(s) of record or the offer has not been made because the owner cannot be located with reasonable diligence.

This staff report provides data and information addressing each of these issues below.

1. The Public Interest and Necessity Require the Project First, the City Council must find that the public interest and necessity require the Project.

As an intersection for a Major Arterial (River Road) and Minor Arterial (North Ripon Road) that serves as an important connection in the regional transportation network, staff has determined that the appropriate traffic control measures for such an intersection is a traffic signal. The Project will provide operational and enhanced safety benefits that are in the public’s interest.

2. The Interests Sought to be Acquired are Necessary for the Project Second, the City Council must find that the interests sought to be acquired are necessary for the Project. As previously described, the Subject Property is necessary for the Project. The Project could not be constructed as designed without the acquisition of the Subject Property.

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3. The Project is Located in such a Manner as to Offer the Greatest Public Benefit with the Least Private Detriment
Third, the City Council must find that the Project is located in such a manner as to offer the greatest public benefit with the least private detriment. In connection with the Project’s design, staff evaluated various options and determined that the Signalization Project was the preferred option as it provides the same configuration of the next intersection on River Road, west of the Project.

The Project, as currently proposed, offers the greatest public benefit with the least private detriment because, it requires the acquisition of the least possible amount of private property required for the Project.

4. A Government Code Offer Has Been Delivered To the Property Owner Fourth, the City Council must find that the City has extended an offer for the Subject Property pursuant to Government Code section 7267.2 to the property owner. On January 9, 2024, the City of Ripon sent an offer in conformance with Government Code section 7267.2(a) to the property owner (Attachment 1). Since sending the offer, the City has reached out to the property owner to ascertain whether a negotiated purchase is possible. To date, these efforts have been unsuccessful.

On December 19, 2024 and again on January 17, 2025, the City mailed the property owner a Notice of Intent to consider adoption of a Resolution of Necessity to acquire the Property by eminent domain at its regular meeting of February 11, 2025. A copy of the notice provided to the property owner is in Attachment 2.

Statutory Authority for Acquiring the Subject Property through Eminent Domain The City of Ripon is authorized to acquire the Subject Property for the Project pursuant to statutes including, but not limited to, California Constitution, Article 1, Section 19; the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.150, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650, and 1240.660; Government Code section 37350.5; Streets & Highway Code section 10102; and other provisions of law.

Environmental Assessment
The City of Ripon fully complied with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., for acquiring the Subject Property when on August 24, 2023, the City of Ripon determined that the Project is categorically exempt from CEQA pursuant to 14 California Code of Regulation, section 15061(b)(3) (Common Sense Exemption). The City filed the Notice of Exemption in accordance with Public

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Resources Code section 21152 on September 12, 2023. No further environmental review is required.

Attachments:

1. Hegarty Offer Letter - 1-9-24

2. Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25

3. Hegarty Exhibit A

4. Hegarty Exhibit B

5. Notice of Hearing on Resolution of Necessity

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RESOLUTION NO. 25-8

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

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 a 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 11th day of February, 2025, by the following vote:

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RESULT: ADOPTED [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 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;
Attachment 1

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Packet Pg. 130 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : Resolution of Necessity - N. Ripon/River Road) Attachment 1

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Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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
Attachment 1

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Packet Pg. 132 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : Resolution of Necessity - N. Ripon/River Road) Attachment 1

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Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : Resolution of Necessity - N. Ripon/River Road) Attachment 1

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Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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
Attachment 1

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Packet Pg. 135 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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
Attachment 1

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Packet Pg. 136 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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.

Attachment 1

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Packet Pg. 137 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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
Attachment 1

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Packet Pg. 138 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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.

Attachment 1

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Packet Pg. 139 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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, Attachment 1

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Packet Pg. 140 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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.

Attachment 1

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Packet Pg. 141 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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.

Attachment 1

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Packet Pg. 142 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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].

Attachment 1

2.A.a
Packet Pg. 143 Attachment: Hegarty Offer Letter - 1-9-24 (25-8 : 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
January 17, 2025
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:

You are receiving this second Notice of Intent to Adopt a Resolution of Necessity since the public hearing regarding this matter was continued to the February 11, 2025 meeting.

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 February 11, 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 Attachment 2

2.A.b
Packet Pg. 144 Attachment: Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25 (25-8 : Resolution of Necessity - N. Ripon/River Road) (“Resolution”) to acquire a portion of your property by eminent domain. Questions regarding the amount 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
Attachment 2

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Packet Pg. 145 Attachment: Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25 (25-8 : Resolution of Necessity - N. Ripon/River Road) 1 789591-1
RESOLUTION NO. 2025-___

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 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 could be acquired and improved to serve the needs of the Project; Attachment 2

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Packet Pg. 146 Attachment: Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25 (25-8 : 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 February, 2025, by the following vote, TO WIT:

AYES: __________
NOES: __________
ABSTENTION: __________
ABSENT: __________
Attachment 2

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Packet Pg. 147 Attachment: Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25 (25-8 : 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
Attachment 2

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Packet Pg. 148 Attachment: Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25 (25-8 : Resolution of Necessity - N. Ripon/River Road) Attachment 2

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Packet Pg. 149
Attachment: Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25 (25-8 : Resolution of Necessity - N. Ripon/River Road) Attachment 2

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Packet Pg. 150
Attachment: Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25 (25-8 : Resolution of Necessity - N. Ripon/River Road)

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon City Council will hold a public hearing on Tuesday, February 11, 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 January 27, 2024
Attachment 2

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Packet Pg. 151 Attachment: Cover Letter for Resolution of Necessity - 2nd Notice - 1-17-25 (25-8 : Resolution of Necessity - N. Ripon/River Road)

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Packet Pg. 152
Attachment: Hegarty Exhibit A (25-8 : Resolution of Necessity - N. Ripon/River Road)

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Packet Pg. 153
Attachment: Hegarty Exhibit B (25-8 : Resolution of Necessity - N. Ripon/River Road)

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that The City of Ripon City Council will hold a public hearing on Tuesday, February 11, 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 January 27, 2024

2.A.e
Packet Pg. 154 Attachment: Notice of Hearing on Resolution of Necessity (25-8 : 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: 02/11/2025
Subject: Jack Tone Golf Capital Expenditures

RECOMMENDED ACTION
Approve the Sierra Golf Management reimbursement request for Jack Tone Golf Course capital improvements in the not to exceed amount of $135,302.57 (funding source: Jack Tone Golf Capital Fund).

BACKGROUND
On January 1, 2025, Sierra Golf Management (SGM) took over operations of the Jack Tone Golf Course. Under the terms of the lease, SGM is responsible for operating the golf course, including making capital improvements to the property.

A Golf Course Capital Improvement Account has been established and a portion of the golf course lease payments are deposited in this fund in order to financially assist the operator in making upgrades to the golf course so that it does not fall into disrepair.

As described in the Lease Agreement, SGM could use the funds in this account to fund 50% of the cost for “Long-term Capital Improvements” of the golf course that are permanent in nature, such as new holes, replacement or improvement of greens, fairways, tee boxes, water features, or other capital improvement expenditures approved by the Golf Course Capital Improvement Committee.

DISCUSSION
On February 5, 2025, the Golf Course Capital Improvement Committee met with the SGM golf course manager at Jack Tone Golf Course. The golf course manager gave a tour of the golf course and described the proposed improvements, as summarized below:

3.A
Packet Pg. 155
Pave Practice Area - $90,000
The area around the driving range and practice area has been dirt and rocks since the golf course was first constructed. SGM has completed the paving of this area with asphalt to eliminate the mud during the winter season.

Improve Irrigation System - $116,980.14
Replace the irrigation control system that is currently not working as intended. The new system will allow both local control of the irrigation system as well as remote control so golf course staff can re-program from any location.

Replace Irrigation Heads - $27,630
Purchase 100 irrigation heads to replace those that are no longer operating that results in the inconsistent watering of the golf course.

Privacy Fence - $35,995
Installation of a privacy fence around the maintenance area to improve the look of the golf course.

The total cost of the proposed improvements is estimated to be $270,605.14, of which the City of Ripon would be responsible for half of these costs.

The Golf Course Capital Improvement Committee recommends the City Council approve SGM moving forwarding with the proposed capital improvements and the City of Ripon provide reimbursement for half of the actual expense, not to exceed $135,302.57.

The payment would be made to SGM once the work has been completed and invoices submitted for review.

FISCAL IMPACT
The Jack Tone Golf Capital Fund was established in 2008. The previous lessee did not take advantage of this fund, therefore, the current balance is $645,000. The City’s share of the capital improvements ($135,302.57) is proposed to be funded from the Jack Tone Golf Capital Fund.

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Packet Pg. 156
City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Kevin Werner, City Administrator
Date: 02/11/2025
Subject: Ripon Consolidated Fire District Update
At the January City Council meeting, Council Member Restuccia requested an update from the Ripon Consolidated Fire District regarding District capabilities of responding to large-scale fire emergencies.

Chief DeHart will be at the City Council meeting to make a presentation.

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